Department of Homeland Security 

Office of Inspector General 

U.S. Immigration and Customs 
 


Enforcement Identification of Criminal 
 


Aliens in Federal and State Custody 
 


Eligible for Removal from the 
 


United States 
 


OIG-11-26 January 2011 
Office ofInspector General 

U.S. Department of Homeland Security 

Washington, DC 20528 

Homeland 

Security JAN 10 2011 

Preface 

The Department ofHomeland Security (DHS) Office ofInspector General (OIG) was 

established by the Homeland Security Act of2002 (Public Law 107-296) by amendment 

to the Inspector General Act of1978. This is one of a series of audit, inspection, and 

special reports prepared as part of our oversight responsibilities to promote economy, 

efficiency, and effectiveness within the department. 

This report addresses the strengths and weaknesses of the U.S. Immigration and Customs 

Enforcement's program for identifying criminal aliens eligible for removal from the 

United States. It is based on interviews with employees and officials of relevant agencies 

and institutions, direct observations, and a review of applicable documents. 

The recommendations herein have been developed to the best knowledge available to our 

office, and have been discussed in draft with those responsible for implementation. We 

trust this report will result in more effective, efficient, and economical operations. We 

express our appreciation to all of those who contributed to the preparation of this report. 

Anne L. Richards 

Assistant Inspector General for Audits 
 

Table of Contents/Abbreviations 

Executive Summary .............................................................................................................1 
 


Background .........................................................................................................................2 
 


Results of Audit ...................................................................................................................4 
 


Identification of Removable Criminal Aliens ..........................................................4 
 


Documentation of Screening and Identification Activities ......................................8 
 


Recommendations....................................................................................................9 
 


Management Comments and OIG Analysis ......................................................................10 
 


Appendixes 

Appendix A: Purpose, Scope, and Methodology.......................................................12 
 


Appendix B: Management Comments to the Draft Report .......................................13 
 


Appendix C: Screening and Identification Process ...................................................15 
 


Appendix D: National Crime Information Center Severity Levels ...........................18 
 


Appendix E: Unverifiable Screening Cases..............................................................19 
 


Appendix F: Major Contributors to This Report ......................................................20 
 


Appendix G: Report Distribution ..............................................................................21 
 


Abbreviations 

ACCESS Agreements of Cooperation in Communities to Enhance Safety and 

Security
 

BOP Federal Bureau of Prisons 
 

CAP Criminal Alien Program 
 

DEPORT Detention Enforcement and Processing Offenders by Remote 
 

Technology 
 

DHS Department of Homeland Security 
 

EARM ENFORCE Alien Removal Module 
 

ENFORCE Enforcement Case Tracking System
 

ICE Immigration and Customs Enforcement 
 

NCIC National Crime Information Center 
 

USCIS U.S. Citizenship and Immigration Service 
 
 

OIG
 
 Department of Homeland Security 

Office of Inspector General 

Executive Summary 

The Immigration and Customs Enforcement Criminal Alien 

Program is responsible for identifying criminal aliens incarcerated 

in federal, state, and local prisons and jails who are eligible for 

removal from the United States. The objective of our audit was to 

determine whether the Criminal Alien Program is identifying all 

criminal aliens incarcerated in federal and state custody who are 

eligible for removal. We reviewed a sample of foreign-born 

inmates released in fiscal year 2009 from federal facilities 

nationwide and from state facilities in California, Florida, New 

York, and Texas. 

The Criminal Alien Program was successful in screening and 

identifying 99% of the criminal aliens eligible for removal from 

the United States in federal custody during fiscal year 2009. 

However, identification rates in two of the four states reviewed 

were not as high. Specifically, the Criminal Alien Program did not 

identify approximately 4% of removable criminal aliens in 

California and 2% in Texas. Many of the released criminal aliens 

had been convicted of serious offenses such as assault, firearms 

possession, and distribution of narcotics. We attribute the 

nonidentification to Criminal Alien Program agent staffing 

challenges and increasing workload levels. 

We also determined that the Criminal Alien Program did not 

always record and retain critical information and documentation 

for its screening and identification activities. As a result, the 

Criminal Alien Program was unable to demonstrate that some 

foreign-born inmates were screened, and Immigration and Customs 

Enforcement’s management does not have the ability to identify 

Criminal Alien Program performance gaps. 

We are making three recommendations intended to increase the 

effectiveness of the Criminal Alien Program. 

The Immigration and Customs Enforcement agreed with all 

recommendations and has already begun to take actions to implement 

them. The agency’s response to our recommendations is summarized 

and evaluated in the body of this report and included in its entirety as 

Appendix B. 

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Page 1
 
 

Background 

The Criminal Alien Program (CAP) within the Immigration and 

Customs Enforcement (ICE) Office of Enforcement and Removal 

Operations is responsible for identifying, processing, and removing 

criminal aliens1

 incarcerated in federal, state, and local correctional 

facilities throughout the United States. Criminal aliens who are 

eligible for removal include aliens who have illegally entered the 

United States who are convicted of any crime and legal permanent 

residents who have been convicted of a removable offense as 

defined by the Immigration and Nationality Act.

2 According to the 

Secure Communities April 2008 Comprehensive Plan to Identify 

and Remove Criminal Aliens, ICE estimates that 300,000 to 

450,000 criminal aliens who are eligible for removal are detained 

each year at federal, state, and local correctional facilities. The 

responsibility for identifying and removing criminal aliens is 

shared among other ICE initiatives and programs. 

CAP represents one element of ICE’s Agreements of Cooperation 

in Communities to Enhance Safety and Security (ACCESS) 

strategy. This strategy provides an umbrella of services to assist 

local law enforcement agencies in identifying criminal aliens in 

local communities. Among the other programs in ACCESS is 

Secure Communities. Secure Communities assists in the 

identification and removal of criminal aliens held in local and state 

correctional facilities by using technology to share national, state, 

and local law enforcement data, such as biometric information, 

among agencies. 

During fiscal year (FY) 2009, ICE reported that immigration 

enforcement agents assigned to CAP teams (CAP agents) issued 

approximately 212,000 immigration detainers nationwide. A 

detainer, Immigration Form I-247, requests the correctional facility 

housing the alien contact ICE prior to releasing the criminal alien 

to allow time for ICE to assume custody. ICE achieved this 

through the work of 126 CAP teams assigned to 24 field offices, 

186 sub-field offices, and the Detention Enforcement and 

Processing Offenders by Remote Technology (DEPORT) Center. 

These teams are responsible for screening and identifying criminal 

aliens at 4,374 facilities, of which 1,281 are federal and state 

correctional facilities. For purposes of this report, screening 

1

 An alien is any person not a citizen or national of the United States. A criminal alien is an alien who has 
 


been convicted of a crime.
 
 2

 Crimes that are considered removable offenses for any alien in and admitted to the United States are 
 


described in 8 USC 1227(a).
 
 

ICE Identification of Criminal Aliens Eligible for Removal from the United States 
 

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includes the electronic records check and interview that CAP 

agents may conduct to determine if a foreign-born inmate is 

removable. We determined that CAP agents identified a 

removable criminal alien when they issued a detainer. Appendix C 

describes the screening and identification process. 

Our review focused on determining whether CAP was identifying 

criminal aliens in federal and state custody who were eligible for 

removal from the United States. Figure 1 provides the top four 

locations of foreign-born inmates incarcerated in state prisons, 

based on ICE’s April 2009 risk assessment.3 

Figure 1. Percentage of Foreign-born Inmate Population in 

State Custody Nationwide 

Texas 

36% 

We reviewed cases of foreign-born inmates in federal custody 

nationwide and in state custody in California, Texas, Florida, and 

New York. These states house approximately 64% of the foreignborn inmate population nationwide. 

California 

28% 

23% New York 

9% 

Florida

 4% 

Remaining 

states and US 

territories 

3

 ICE Criminal Alien Program Risk Assessment, April 2009. We did not verify this information. 

ICE Identification of Criminal Aliens Eligible for Removal from the United States 
 


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Sample Section Released Foreign-born Sample Size 

Inmates 

Federal 26,213 204

California 13, 418 104

Texas 5, 242 41

Florida 2,249 17

New York 

Total 

1,911 

49,033 

15 

381 

Results of Audit 

ICE, through CAP, was successful in identifying 99% of the criminal aliens 

eligible for removal from the United States in federal custody during FY 2009. 

However, identification rates in two of the four states reviewed were not as high. 

ICE agents did not identify approximately 4% of criminal aliens eligible for 

removal in California and 2% in Texas. We attribute the nonidentification to 

CAP agent staffing challenges and increasing duties. Identification of criminal 

aliens is only one responsibility for CAP agents. These release rates equate to the 

release of 890 of 49,033 criminal aliens into the United States in FY 2009, many 

of whom are recidivist criminals who pose a significant public safety risk. 

We also determined that CAP did not always record and retain critical 

information and documentation for its screening and identification activities. As a 

result, CAP was unable to demonstrate that some foreign-born inmates were 

screened, and ICE management does not have the ability to identify CAP 

performance gaps. 

Identification of Removable Criminal Aliens 

Despite a determined effort by CAP agents nationwide, they did not 

identify all removable criminal aliens in federal and state custody. A 

statistically representative sample of foreign-born inmates released from 

federal and state custody was reviewed to determine whether ICE was 

identifying and placing detainers on all removable criminal aliens. Table 

1 contains a breakdown of the population of foreign-born inmates released 

from federal and selected state custody during FY 2009. It also includes 

the number of sample cases drawn from federal and state facilities. 

Table 1. Released Foreign-born Inmates and Sample Sizes 

Federal Facilities 

Of the 204 federal sample cases reviewed, CAP agents did not 

identify 2 removable criminal aliens released from federal custody 

ICE Identification of Criminal Aliens Eligible for Removal from the United States 
 

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in FY 2009. This represents 1% of the total federal sample. The 

following are details of the removable criminal aliens who were 

released from federal custody: 

•	 Case 1: A criminal alien from Mexico was sentenced to 8 

months in a federal prison for illegal re-entry. CAP agents 

had previously identified and deported this criminal alien 

from the United States in 2006. The criminal alien’s prior 

criminal record includes convictions of assault with a 

deadly weapon and possession of a controlled substance. 

According to the Federal Bureau of Prison’s (BOP) 

records, the criminal alien was released into the 

community. 

•	 Case 2: A criminal alien from Mexico was sentenced to 30 

months in federal custody for illegal re-entry. The criminal 

alien was convicted for lewd conduct to a child in 2004 and 

was previously deported in 2006. The criminal alien is 

now in state custody, and ICE did identify and place a 

detainer on this criminal alien while in state custody. 

State Facilities 

CAP agents did not identify approximately 4% (or 4 of 104 in our 

sample) of removable criminal aliens in California and 2% (or 1 of 

41) of removable criminal aliens in Texas prior to their release 

from state custody. The following are examples of some of the 

criminal aliens who were not removed but were released from state 

custody into the general public: 

•	 A criminal alien from Mexico who had completed a 17-

month state prison sentence for possession of narcotics was 

released into the state of California. This criminal had 

entered the United States illegally and had prior convictions 

for battery to a public official and burglary. 

•	 A criminal alien from Mexico who had entered the United 

States illegally was arrested for second-degree burglary and 

was incarcerated for 6 months in a state facility. This 

criminal alien was convicted in 2005 of felony charges that 

included possession of a controlled substance with the 

intent to sell. 

•	 A lawful permanent resident from El Salvador was arrested 

and convicted of a felony for possession and distribution of 

ICE Identification of Criminal Aliens Eligible for Removal from the United States 
 

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narcotics by the state of California in October 2001. The 

individual was subsequently sentenced and served more 

than 6 years in prison before being released in July 2009. 

Of the cases sampled in Florida and New York, we did not identify 

any instances where CAP agents did not identify a removable 

criminal alien. For the remaining sample cases reviewed, we 

determined that (1) CAP agents had identified the removable alien 

and placed a detainer, (2) the inmate was a legal permanent 

resident whose crimes did not make him or her eligible for 

removal, (3) the inmate was a U.S. citizen, or (4) CAP was unable 

to verify the inmate’s legal status. 

CAP Team Staffing and Workload Levels 

CAP’s success in identifying the vast majority of the removable 

criminal aliens incarcerated in federal and state prisons is 

commendable, given the number and geographic dispersion of 

prisons and jails nationwide and the ever-increasing number of 

foreign-born inmates identified at these facilities. However, 

CAP’s ability to maintain this level of performance at the federal 

and state levels in the future will depend on ICE’s ability to reduce 

the vacancy rates for CAP agents and handle the expected increase 

in criminal referrals generated by the Secure Communities 

program. 

CAP has a number of unfilled staff positions. For example, the 

vacancy rate for the Los Angeles, California, CAP teams was 25% 

in April 2009, while the Dallas, Texas, CAP teams had a 20% 

vacancy rate in March 2009. By the fourth quarter of FY 2010, the 

CAP agent vacancy rates in California and Texas were 13% and 

15%, respectively. Nationally, 12% (159) of the 1,341 positions 

assigned to CAP were unfilled at the fourth quarter of FY 2010. 

CAP needs to be fully staffed to keep abreast of the increased 

workload generated by the expanding Secure Communities 

program. 

During FY 2009, Secure Communities identified 95,661 matches 

to criminal aliens, and by the third quarter of FY 2010, Secure 

Communities had identified 191,952 matches to criminal aliens, an 

increase of more than 100%.4

 These matches are sent to the ICE 

4

 Matches include aliens who had a match in the Automated Biometric Identification System and who were 

charged with or convicted of any level offense. Duplicate entries may exist for cases, as an individual may 

go through interoperability several times for one unique case, e.g., an individual who is transferred from 

one correctional facility to another correctional facility and has fingerprints submitted at both locations. 

ICE Identification of Criminal Aliens Eligible for Removal from the United States 
 


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Law Enforcement Support Center to make initial immigration 

status and National Crime Information Center (NCIC)-level 

determinations. The Law Enforcement Support Center sends the 

compiled data to the local CAP field offices for detainers and other 

enforcement actions, as appropriate, thus increasing the volume of 

CAP’s workload. 

Since CAP was initiated in 2007 and the Secure Communities 

program was established in 2008, ICE management has not 

conducted a workload assessment to determine the number of staff 

needed to meet all mission requirements. CAP agents perform 

many duties, including coordinating with prisons and jails, 

screening foreign-born inmates, lodging detainers for removable 

criminal aliens, preparing prosecutions, transporting criminal 

aliens to ICE detention centers, pursuing at-large criminal aliens,5 

serving as vehicle control officers or firearms instructors, escorting 

criminal aliens to their native countries, and participating in 

temporary duty assignments. According to the CAP agent’s 

position description, agents are expected to devote up to 75% of 

their time to detention, deportation, transportation, and escorting, 

leaving little time for screening and identification duties. 

Performing this broad scope of activities in combination with the 

staffing vacancies reduces the amount of time CAP agents can 

dedicate to identifying and screening foreign-born inmates. 

Criminal Aliens Released 

Based on our statistical sample results, 2% of 381 (or 7) removable 

criminal aliens were not identified. In other words, 890 (262 

federal and 628 state) out of a total population of 49,033 

removable criminal aliens were not identified. Many of the 890 

criminals are believed to have been Level 1 recidivist criminals. 

Level 1 are the most egregious criminal aliens, who pose a 

significant public safety risk. The seven unidentified removable 

criminal aliens in our sample were Level 1 criminals. (Appendix D 

provides more information on NCIC levels.) 

5

 At-large criminal aliens are aliens who ICE identifies as removable after they have been released from 

custody. This may occur when a legal permanent resident is released on bond awaiting trial but is later 

convicted of a deportable crime. 

ICE Identification of Criminal Aliens Eligible for Removal from the United States 
 

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Documentation of Screening and Identification Activities 

CAP agents do not always record and retain critical information and 

documentation used to determine the status of foreign-born inmates 

incarcerated in federal and state prisons. This is because ICE procedures 

do not require agents to record and retain such information. As a result, 

ICE is unable to provide assurance that its CAP agents are screening all 

potentially removable foreign-born inmates incarcerated in federal and 

state correctional facilities. 

Rosters of Foreign-born Inmates 

CAP agents assigned to field offices and the DEPORT Center rely 

heavily on the BOP and correctional facilities to identify 

incarcerated foreign-born individuals. At the federal level, CAP 

agents assigned to the DEPORT Center have been provided access 

to the BOP database, Sentry.6 Through searches of Sentry, CAP 

agents can generate lists or rosters of self-proclaimed foreign-born 

inmates incarcerated in federal prisons nationwide. Selfproclaimed foreign-born inmates are those who have stated during 

current or previous arrests that they were born in a country other 

than the United States; this information is recorded in the inmates’ 

prison records. At the state level, CAP agents generally rely on the 

individual correctional facilities to provide rosters of either selfproclaimed foreign-born inmates or all inmates incarcerated at the 

facility. 

However, CAP procedures do not require agents to keep copies of 

these rosters, and most field offices do not retain them. Six of 

eight Field Office Directors interviewed said that they discard the 

rosters when they are finished with them. Supervisors at the 

DEPORT Center also said that they discard the rosters. Without 

these rosters, ICE cannot verify the number, type, and location of 

foreign-born inmates identified at federal and state facilities. For 

that reason, it is important that ICE take action to ensure that its 

field offices retain copies of all rosters of documented and foreignborn inmates incarcerated in federal and state correctional 

facilities. 

6

 Sentry is not an acronym; it is the generic name of BOP’s inmate tracking system. 

ICE Identification of Criminal Aliens Eligible for Removal from the United States 
 

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Documentation in Enforcement Case Tracking System 

CAP agents do not always document the results of all screening 

and identification activities in ICE’s Enforcement Case Tracking 

System (ENFORCE). Until recently, ICE procedures did not 

require CAP agents to record encounters with documented and 

self-proclaimed foreign-born nationals unless the agents had issued 

a detainer. Thus, CAP agents were unable to provide evidence to 

show that 12 cases (1 federal and 11 state) of the 381 cases in our 

sample had been screened, or whether the screening was conducted 

in accordance with CAP requirements. Appendix E contains more 

information on these 12 cases. 

We also identified instances where agents did not record critical 

information in ENFORCE in accordance with CAP procedures. 

ICE’s policies require agents to record detainers in the ENFORCE 

Alien Removal Module (EARM). However, we identified 71 

instances where EARM case records did not indicate that agents 

had issued a detainer despite evidence indicating that the criminal 

alien was later deported. It is possible that in these instances, CAP 

agents7

 issued a paper detainer but did not record the information 

in ENFORCE. The failure to ensure that all encounters with 

foreign-born nationals are fully recorded in ENFORCE prevents 

ICE from verifying whether the screenings occurred, or whether 

they were complete and fully documented according to agency 

policies and procedures. It also limits ICE’s ability to track and 

assess CAP agent workload and overall performance to determine 

whether its current allocation of agents is sufficient to meet 

existing and future program needs. 

Recommendations 

We recommend that the Executive Associate Director for 

Enforcement and Removal Operations: 

Recommendation #1: Conduct a workload analysis of CAP to 

determine whether the current allocation of immigration 

enforcement agents is sufficient to meet future CAP mission 

requirements. If the analysis identifies a gap in meeting mission 

requirements, develop a plan to identify and obtain appropriate 

resources to meet mission requirements. 

7

 Other agents such as the U.S. Customs and Border Protection agents may have issued some of these 

detainers. However, without complete documentation, we were unable to determine how many were issued 

by CAP agents versus other agents. 

ICE Identification of Criminal Aliens Eligible for Removal from the United States 
 

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Recommendation #2: Require that all screenings and 

identifications of foreign-born individuals incarcerated in federal, 

state, and local correctional facilities be documented and recorded 

in ENFORCE. 

Recommendation #3: Develop and implement quality assurance 

procedures to ensure that all screenings and identifications of 

foreign-born individuals incarcerated in federal, state, and local 

correctional facilities are documented and recorded in ENFORCE 

according to agency policies and procedures. 

Management Comments and OIG Analysis 

The Immigration and Customs Enforcement concurred with our 

recommendations and stated it has already begun to formulate 

plans to implement the recommendations contained in this report. 

We have included a copy of the management comments in their 

entirety in Appendix B. The following is an evaluation of ICE’s 

comments. 

Management Comments to Recommendation 1 

Concur: ICE has conducted an analysis of what is needed to 

perform 100-percent screenings throughout the United States. ICE 

further noted that the report, including a plan to identify resources, 

is under internal ICE review and will be forwarded to the DHS 

OIG at a later date. 

OIG Analysis: We concur that the steps that ICE is taking, and 

plans to take, begin to satisfy this recommendation. This 

recommendation will remain open until we have obtained and 

reviewed ICE’s analysis of CAP, to include identifying whether 

the current allocation of immigration enforcement agents is 

sufficient to meet future CAP mission requirements. If applicable, 

we will also review ICE’s plan to identify and obtain the 

appropriate resources needed to meet current and future mission 

requirements. 

Management Comments to Recommendation 2 

Concur: ICE plans to create and implement a clear policy for all 

field offices that requires all screening and identification of 

incarcerated foreign-born individuals be documented in 

ENFORCE. ICE anticipates implementing this policy by 

December 31, 2010. As part of this policy, ICE will establish a 

quality assurance program to ensure the accuracy and 

completeness of the records. 

ICE Identification of Criminal Aliens Eligible for Removal from the United States 
 

Page 10
 
 

 

 

OIG Analysis: We concur that the steps that ICE is taking, and 

plans to take, begin to satisfy this recommendation. This 

recommendation will remain open until we have obtained and 

reviewed ICE’s policy for the field offices requiring all screening 

and identification of incarcerated foreign-born individuals be 

documented in ENFORCE. We will also obtain and review a copy 

of the quality assurance program ICE establishes to ensure the 

accuracy and completeness of the records. 

Management Comments to Recommendation 3 

Concur: ICE will implement a policy that provides reasonable 

assurance of the accuracy and completeness of data into 

ENFORCE. ICE will analyze data quality reports to ensure ICE is 

achieving consistent and accurate data, complete needed changes 

to ENFORCE, and analyze data quality during visits to field 

offices. ICE maintains that these system refinements, new policies 

and procedures, and site visits will ensure data quality. Further, as 

part of the annual statement of assurances, ICE will initiate an 

independent quality assurance process by its Office of Assurance 

and Compliance. 

OIG Analysis: We concur that the steps that ICE is taking, and 

plans to take, begin to satisfy this recommendation. This 

recommendation will remain open until we have reviewed the 

policy for field offices requiring all screening and identification of 

incarcerated foreign-born individuals be documented in 

ENFORCE. Further, we need to obtain and review the quality 

assurance procedures developed and implemented demonstrating 

how ICE will ensure that all screenings and identifications of 

foreign-born individuals incarcerated are documented and recorded 

in ENFORCE. 

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Appendix A 

Purpose, Scope, and Methodology 

This report provides the results of our work to determine whether 

CAP identifies all criminal aliens in federal and state custody who 

are eligible for removal from the United States. To achieve our 

objective, we— 

•	 Interviewed ICE headquarters officials, Field Office 

Directors, Assistant Field Office Directors, Supervisory 

Detention and Deportation Officers, and Immigration 

Enforcement Agents regarding CAP’s efforts to identify 

criminal aliens. 

•	 Reviewed prior audit reports, relevant laws, regulations, 

standard operating procedures, policies, and ICE’s 

organizational charts. 

•	 Obtained foreign-born inmate release data for FY 2009 

from the BOP nationwide; and from departments of 

correction for California, Florida, New York, and Texas. 

The inmate’s country of birth record is generally based on 

the inmate’s self-admission during current or previous 

arrests. We did not verify whether the lists were allinclusive. 

•	 Reviewed cases for 381 foreign-born inmates released in 

FY 2009 from federal or state custody in California, 

Florida, New York, or Texas. 

•	 Tested the sampled cases with the assistance of ICE agents 

in field offices, through electronic screening of the 

immigration and law enforcement systems. 

•	 Conducted fieldwork at 10 ICE field offices. 

•	 Assessed whether ICE agents documented the identification 

of removable criminal aliens by comparing foreign-born 

inmate data obtained from federal and state prison records 

with data recorded in ENFORCE. 

We conducted our audit between February 2009 and August 2010 

under the authority of the Inspector General Act of 1978, as 

amended, and according to generally accepted government 

auditing standards. Those standards require that we plan and 

perform the audit to obtain sufficient, appropriate evidence to 

provide a reasonable basis for our findings and conclusions based 

on our audit objectives. We believe that the evidence obtained 

provides a reasonable basis for our findings and conclusions based 

on our audit objective. 

ICE Identification of Criminal Aliens Eligible for Removal from the U.S. 
 


Page 12
 
 
OffIce O/IM ChiefFlno<IC/ol Officer

U.S. n.,,"n,ent olllo_land Security

soo 12~ SbU~ SW

W.shington, DC 20536

u.s. Inunigration

and Customs

Enforcement

November 23, 2010

MEMORANDUM FOR: Anne L. Richards

AsSistant Inspec r eneral for Audits

FROM: lr.~: e ar

(J ¥ Chief Fmanclal Officer

SUBJECT: Management Response to OIG Draft, "Us. Immigration and

Customs En/orcementIdentificalion 0/ Criminal Aliens in

Federal and State Custody Eligible/or Removalfrom the United

Slates - FOR OFFICIAL USE ONLY (FOUO) - DIG Project No:

09-022~AUD-ICE dated October 5, 2010

U,S. Immigration and Customs Enforcement (ICE) appreciates the opportunity to conunent on

the draft report. We have reviewed and concur with all reconunendations. Attached is our

response to each reconunendation. ICE will continue to resolve each ofthe recommendations

and ask that the office ofthe Inspector General consider them resolved and open.

Should you have any questions or concerns, please contact Michael Moy, DIG Portfolio

Manager. at (202) 732-6263, or bye-mail al Michae1.Moy@dhs.gov.

Attachment

Appendix B 

Management Comments to the Draft Report 

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Page 13
 
 
Attachment

Response!! ror QIG Draft Report Recommendations - CAP Report

R~ommendationIH:'Conduct a workload analysis ofCAP to determine whether the current

allocation of immigration enforcement agents is sufficient to meet future CAP mission

requirements. If the analysis identifies a gap in meeting mission requirements, develop a plan

to identify and obtain appropriate resources to meet mission requirements.

ICE Response: ICE concurs. ICE has conducted an analysis of what is needed to perform

lOO-percent screenings throughout the United States. The report, including a plan to identify

resources, is under internal ICE review and will be forwarded at a later date.

Pending completion ofthe internal review, ICE requests that this recommendation be

considered Resolved and Open.

Recommendation #2: Require that all screenings and identifications offoreigo-bom

individuals incarcerated in federal, -state, and local correctional facilities be documented and

recorded in ENFORCE.

ICE Response: ICE concurs. ICE will create and implement a clear policy for all field offices

that requires all screening and identification ofincarcerated foreign-born individuals be

documented in ENFORCE. ICE anticipates implementing this policy by December 31, 201 O.

As part ofthis policy, ICE will establish a quality assurance program to ensure the accuracy

and completeness ofthe records.

Pending completion oftbe screening and identification policy, ICE requests that this

recommendatio~be considered Resolved and Open.

Recommendation #3: Develop and implement quality assurance procedures to ensure that all

screenings and identifications offoreign-born individuals incarcerated in federal, state, and

local correctional facilities are documented and recorded in ENFORCE according to agency

policies and procedures.

ICE Response: ICE concurs. As part ofthe screening and identification policy discussed

above, by December 3I, ICE will implement a policy that provides reasonable assurance ofthe

accuracy and completeness of data into ENFORCE. By Mardi 31, 2011, ICE will analyze

data quality reports to ensure ICE is achieving oonsistent and accurate data. By June 30, 2011,

ICE will complete needed changes to ENFORCE. Also, TCE will continue to analyze data

quality during visits to field offices. These system refinements, new policies and procedures,

and site visits will ensure data quality.

As part ofthe annual statement of assurances, ICE will initiate an independent quality

assurance (QA) process by its Office of Assurance and Compliance (OAC).

Pending development and implementation ofthe reporting mechanisms cited in the response,

ICE requests that tbis recommendation be oonsidered Resolved and Open.

Appendix B 

Management Comments to the Draft Report 

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Appendix C 

Screening and Identification Process 

Screening 

CAP agents conduct electronic screenings of self-proclaimed 

foreign-born inmates to determine whether they are eligible for 

removal from the United States. The DEPORT Center screens 

foreign-born inmates in 79 of the 128 federal facilities, and CAP 

agents at field offices screen the remaining 49 federal facilities and 

all state facilities. 

Foreign-born inmate data are obtained either by CAP agents or 

through inmate rosters provided by correctional facilities. CAP 

agents at the DEPORT Center have access to the BOP’s database 

known as Sentry. Through searches of the Sentry database, the 

agents identify inmates whose BOP records indicate that they were 

born in a country other than the United States. CAP agents in field 

offices coordinate with federal and state correctional facilities to 

obtain, at a minimum, rosters of self-proclaimed foreign-born 

inmates who are admitted to or about to be released from state 

custody. Once the foreign-born inmate data are obtained, CAP 

agents conduct a records check that includes searching 

immigration and law enforcement databases to determine the 

inmates’ citizenship or immigration status. When necessary, 

agents also interview foreign-born inmates to gather more 

information to help determine their eligibility for removal. 

Interviews may be conducted either in person, by telephone, or 

through a video-teleconference. 

The following is a list of databases used in the screening process, 

along with a brief description: 

Automated Biometric Identification System: The Automated 

Biometric Identification System is a DHS-wide system for the 

collection, processing, and verification of biometric and limited 

biographic information for DHS national security, law 

enforcement, immigration, intelligence, and other DHS missionrelated functions. Available information includes fingerprints, 

photographs, name, nationality, and other descriptive data related 

to the encounter of a subject. 

Central Index System: Central Index System is a database 

system maintained by the U.S. Citizenship and Immigration 

Service (USCIS). It contains information on the status of 

applicants seeking immigration benefits, including lawful 

permanent residency and naturalization. It also includes 

information regarding aliens who illegally entered the United 

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Appendix C 

Screening and Identification Process 

States, aliens who have been issued employment authorization 

documents, and other individuals subject to the provisions of the 

Immigration and Nationality Act. 

Computer Linked Application Information Management 

System: The Computer Linked Application Information 

Management System is the USCIS case management system that 

supports the adjudication of all applications for naturalized 

citizenship by non-U.S. citizens. 

Consular Consolidated Database: The Consular Consolidated 

Database is a web-based tool administered by the Bureau of 

Consular Affairs at the Department of State. Available records 

include issued visas, active visas, expired visas, revoked visas, 

visas reported lost or stolen, blank visa foils that have been 

reported lost or stolen, applicants who have been approved but not 

yet issued visas, applicants who have been denied or refused a 

visa, pre-applicants, and pending applications. 

Integrated Automated Fingerprint Identification System: 

Integrated Automated Fingerprint Identification System is the 

Federal Bureau of Investigation’s national fingerprint and criminal 

history system that responds to requests 24 hours a day, 365 days a 

year to help local, state, and federal law enforcement agencies 

solve and prevent crime and catch criminals and terrorists. This 

system is the largest biometric database in the world, and includes 

not only fingerprints but also corresponding criminal histories; 

mug shots; scars and tattoo photos; physical characteristics such as 

height, weight, and hair and eye color; and aliases. 

National Crime Information Center (NCIC): NCIC is the 

electronic clearinghouse of crime data that can be accessed by 

virtually every criminal justice agency nationwide, 24 hours a day, 

365 days a year. NCIC helps criminal justice professionals 

apprehend fugitives, locate missing persons, recover stolen 

property, and identify terrorists. 

Passport Information Electronic Records System: The Passport 

Information Electronic Records System is a Department of State 

web-based system used for querying and viewing U.S. passport 

application records. Available information includes all records of 

issued and expired passports; not-issued applications; and 

destroyed, stolen, or lost passports. Consular records of overseas 

births and deaths can also be found in this system. ICE agents 

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Appendix C 

Screening and Identification Process 

access the Passport Information Electronic Records System 

through the Consular Consolidated Database. 

Public Access to Court Electronic Records: Public Access to 

Court Electronic Records, administered by the Administrative 

Office of the U.S. Courts, is an electronic public access service that 

allows users to obtain case and docket information from federal 

appellate, district, and bankruptcy courts, and the Public Access to 

Court Electronic Records Case Locator via the Internet. It is 

provided by the federal judiciary in keeping with its commitment 

to providing public access to court information via a centralized 

service. 

TECS8

: TECS is owned and managed by U.S. Customs and 

Border Protection. It was designed to provide controlled access to 

a large database of information about suspects and to interface with 

a number of other law enforcement systems, such as NCIC. 

Identification 

Once CAP agents determine that an inmate is removable, they 

issue an immigration detainer (Form I-247, Notice of Action) to 

identify a criminal alien incarcerated in a federal, state, or local 

prison or jail who is eligible for removal from the United States. 

An immigration detainer notifies authorities of ICE’s intent to take 

custody of an individual in that facility for the purpose of 

instituting removal proceedings. It also requests that the local law 

enforcement agency detain a named individual for up to 48 hours 

after that person would otherwise be released (excluding 

Saturdays, Sundays, and holidays) in order to allow ICE an 

opportunity to assume custody of that individual. The 48-hour 

period begins to run when the named individual is no longer 

subject to detention by the law enforcement agency.9 

CAP screening and identification activities are tracked in the 

ENFORCE Alien Booking Module, which contains information 

relating to individual aliens, such as the alien identification 

number, primary citizenship, detainer details, and the severity level 

of the crime committed or charged as designated by the NCIC. 

8

 TECS is not an acronym.
 
 9

 Although detainers generally follow criminal aliens transferred between federal, state, and local prisons 
 


and jails, there is no requirement that they do so. 
 


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NCIC Levels 

Level 1 Crimes Level 2 Crimes Level 3 Crimes 

Homicide Arson Sovereignty 

Kidnapping Burglary Military 

Sexual Assault Larceny Immigration 

Robbery Stolen Vehicles Extortion 

Aggravated Assault Forgery Damage Property 

Threats Fraud Family Offenses 

Extortion – Threat to Injure Embezzlement Gambling 

Person 

Sex Offenses Stolen Property Commercialized Sex 

Offenses 

Cruelty Toward Child, Wife Damage Property Liquor 

w/Explosive 

Resisting an Officer Traffic Offenses Obstructing the Police 

Weapon Smuggling Bribery 

Hit and Run Money Laundering Health and Safety 

Drugs (Sentence > 1 year) Property Crimes Civil Rights 

Drugs (Sentence < 1 year) Invasion of Privacy 

 Elections Laws

Conservation

Public Order Crimes 

Appendix D 

National Crime Information Center Severity Levels 

List of National Crime Information Center 

Crimes by Severity Level 

October 1, 2008 through June 30, 2010 

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Sample Section Sample Screening Screening 

Size Unknown Unknown 

(percentage) 

Federal 204 1 0.5%

California 104 7 6.7% 

Texas 41 2 5.0%

Florida 17 2 12.0%

New York 15 - -

Appendix E 

Unverifiable Screening Cases 

CAP could not determine whether agents had screened 12 foreignborn cases in our sample based on the information available in 

ENFORCE. Table 2 lists these cases. 

Table 2. Unverifiable Screening Cases 

In addition, CAP could not determine whether these 12 sampled 

inmates were eligible for removal from the United States based on 

the electronic information available. For example, of the 12 

sampled cases— 

•	 CAP agents could not determine or verify the legal status of 

10 foreign-born inmates through electronic screening. In 

seven of these cases, there was some indication that the 

foreign-born inmate may have been a U.S. citizen, but 

because CAP did not require agents to document all 

screenings in FY 2009, CAP agents were unable to verify 

the information. 

•	 CAP agents were unable to determine whether two foreignborn inmates who were lawful permanent residents were 

eligible for removal. CAP officials explained that a review 

of the inmate’s final conviction records was necessary to 

determine removability, but this information was not 

readily available at the time of our review. CAP agents 

may have reviewed the conviction records at the time of the 

inmate’s release; however, without documentation the CAP 

officials could not verify that the inmate had been screened. 

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Appendix F 

Major Contributors to This Report 

Richard Johnson, Director 

Yesi Starinsky, Audit Manager 

Beverly Bush, Audit Manager 

Paul Jarrett, Program Analyst 

Gloria Medina-Ortiz, Auditor 

Amy Nase, Auditor 

Ignacio Yanes, Program Analyst 

Nga Dang, Program Analyst 

Hortencia Francis, Program Analyst 

Stephanie Moore, Auditor 

Colin Sullivan, Auditor 

Paul Exarchos, Referencer 

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Appendix G 

Report Distribution 

Department of Homeland Security 

Secretary 

Deputy Secretary 

Chief of Staff 

Deputy Chief of Staff 

General Counsel 

Executive Secretariat 

Director, GAO/OIG Liaison Office 

Assistant Secretary for Office of Policy 

Assistant Secretary for Office of Public Affairs 

Assistant Secretary for Office of Legislative Affairs 

Under Secretary, Management 

Assistant Secretary, ICE 

ICE Audit Liaison 

Officer for Civil Rights and Civil Liberties 

Office of Management and Budget 

Chief, Homeland Security Branch 

DHS OIG Budget Examiner 

Congress 

Congressional Oversight and Appropriations Committees, as 

appropriate 

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ADDITIONAL INFORMATION AND COPIES 

To obtain additional copies of this report, please call the Office of Inspector General (OIG) at (202) 254-4100, 

fax your request to (202) 254-4305, or visit the OIG web site at www.dhs.gov/oig. 

OIG HOTLINE 

To report alleged fraud, waste, abuse or mismanagement, or any other kind of criminal or noncriminal 

misconduct relative to department programs or operations: 

• Call our Hotline at 1-800-323-8603; 

• Fax the complaint directly to us at (202) 254-4292; 

• Email us at DHSOIGHOTLINE@dhs.gov; or 

• Write to us at: 

DHS Office of Inspector General/MAIL STOP 2600, 

Attention: Office of Investigations - Hotline, 

245 Murray Drive, SW, Building 410, 

Washington, DC 20528. 

The OIG seeks to protect the identity of each writer and caller.