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U.S. Department of Homeland Security
Bureau of Immigration and Customs Enforcement




 ENDGAME
 Office of Detention and
 Removal Strategic Plan,
 2003 - 2012
 Detention and Removal Strategy
 for a Secure Homeland




                                                Form M-592 (8/15/03)
ENDGAME
                                                                D e t e n t i o n a n d R e mo v a l S t r a t e g i c P l a n 2 0 0 3 – 2 0 1 2

Contents

Executive Summary ...................................................................................................... ii

Chapter 1.             Introduction........................................................................................... 1-1
   Situation .................................................................................................................................................1-1
   Enforcement Challenge .........................................................................................................................1-1
   Strategic Framework..............................................................................................................................1-2
   Stakeholders..........................................................................................................................................1-3
   Plan Development .................................................................................................................................1-5
   Plan Structure ........................................................................................................................................1-6
   Execution ...............................................................................................................................................1-6
Chapter 2.             Situational Assessment ....................................................................... 2-1
   Overview................................................................................................................................................2-1
   Situation .................................................................................................................................................2-1
      Reorganizations and Demands for Service.......................................................................................2-1
   Strengths, Weaknesses, Opportunities, Threats (SWOT).....................................................................2-2
      Strengths ...........................................................................................................................................2-2
      Weaknesses ......................................................................................................................................2-4
      Opportunities .....................................................................................................................................2-7
      Threats.............................................................................................................................................2-10
Chapter 3.             Goals and Objectives ........................................................................... 3-1
   Goal Relationships.................................................................................................................................3-1
     Homeland Security to DRO ...............................................................................................................3-1
   Goal Alignment ......................................................................................................................................3-4
   Milestones..............................................................................................................................................3-6
Chapter 4.             Strategies .............................................................................................. 4-1
   Strategic Concept ..................................................................................................................................4-1
   Strategic Fundamentals.........................................................................................................................4-1
   Foundations for Success .......................................................................................................................4-1
   General ..................................................................................................................................................4-2
   Strategic Challenges and Success Factors...........................................................................................4-3
      Strategic Challenges .........................................................................................................................4-3
      Key Success Factors.........................................................................................................................4-3
   Strategic Initiatives.................................................................................................................................4-3
      Strategies...........................................................................................................................................4-4
   Execution .............................................................................................................................................4-10
      Effective ...........................................................................................................................................4-10
      Plan Maintenance............................................................................................................................4-10
      Planning Cycle.................................................................................................................................4-10
Glossary..................................................................................................................... G-1




Contents                                                                                                                                                        i
Bureau of Immigration and Customs Enforcement
Office of Detention and Removal

Executive Summary                                     o   Building partnerships with critical
                                                          stakeholders;
Endgame is the Immigration and Customs
                                                      o   Developing a professional workforce
Enforcement (ICE), Office of Detention and
                                                          and the infrastructure to retain it; and
Removal (DRO) multi-year strategic
enforcement plan. It stresses the effective
                                                      o   Employing mission-critical systems
and efficient execution of the critical service
                                                          and information technology.
DRO provides its partners and stakeholders
to enforce the nation’s immigration and
                                                   Endgame embodies the core principles found
naturalization laws. The DRO strategic plan
                                                   within the National Strategy for Homeland
sets in motion a cohesive enforcement
                                                   Security. The National Strategy for
program with a ten-year time horizon that will
                                                   Homeland Security promotes a balanced and
build the capacity to “remove all removable
                                                   integrated enforcement strategy, which
aliens,” eliminate the backlog of unexecuted
                                                   ensures that the probability of apprehension
final order removal cases, and realize its
                                                   and the impact of the consequences are
vision.
                                                   sufficient to deter future illegal activity.
                                                   Through its operational focus on fugitive
                   DRO VISION                      apprehension and developing full capacity to
       “Within ten years, the Detention and        remove all removable aliens, Endgame is a
     Removal Program will be able to meet all
                                                   key element in the achievement of the
      of our commitments to and mandates
      from the President, Congress, and the        balanced immigration enforcement strategy.
                American people.”
                                                   DRO’s success as a core element of the
                                                   immigration enforcement mission will be
                                                   realized when the synchronization of its
Endgame is an essential part of an overall         resources and infrastructure result in the
strategic planning process that will integrate     immediate and effective removal of each
operations with budget development and             removable alien. With this strategic plan,
performance measurement. The DRO                   DRO strives toward that goal while ensuring
Strategic Plan Working Group, which                that its services will be provided consistently
developed this plan, will maintain it and the      and professionally. The result will be
process through a suite of performance             enhanced homeland security through the
indicators. These will ensure that operations      successful accomplishment of DRO’s
and accomplishments are appropriately              mission.
measured and that the plan accurately
reflects the current and future environment.

Endgame is pro-active in its vision to confront                  DRO MISSION
and overcome the many challenges DRO
faces today and will face tomorrow.
Throughout the next ten years, DRO will                “Promote the public safety and
implement and execute a series of strategies          national security by ensuring the
that will develop the capacity and capability to     departure from the United States of
execute all final orders of removal. The three        all removable aliens through the
themes listed below are DRO’s “foundations            fair and effective enforcement of
for success,” the pillars supporting the               the nation’s immigration laws.”
platform from which this plan and its
strategies will be launched:




ii                                                                             Executive Summary
ENDGAME
                                         D e t e n t i o n a n d R e mo v a l S t r a t e g i c P l a n 2 0 0 3 – 2 0 1 2

Chapter 1. Introduction                                 the American people. Building these
                                                        partnerships is fundamental to the success of
                                                        this plan and DRO’s mission and will result in
Situation                                               improvements that maximize efficiencies
                                                        within the immigration enforcement process.
Endgame is the Immigration and
Customs Enforcement (ICE), Office of                  Our mission is critical to the immigration
Detention and Removal (DRO) multi-year                enforcement process and provides the final
strategic enforcement plan. It is part of a           link in securing America’s borders. Our
broader planning cycle that, when fully               plans, operations and resource requests will
implemented, will integrate strategic and             be fully integrated with all other immigration
operational planning with the budget building         enforcement programs and initiatives.
process and performance measurement.                  Initiatives to improve border security and
Endgame articulates the DRO mission and               protect the interior of the United States
vision statement, and                                                          through an increase in
will guide the                 Endgame is part of a broader planning           personnel and
development and                cycle that, when fully implemented, will        enhanced information
execution of DRO                 integrate strategic and operational           technology, as well as
operations through a         planning with the budget building process         the establishment of
focused set of goals,              and performance measurement.                the DHS, will require
objectives and                                                                 significant increases in
strategies. The plan                                                           detention and removal
identifies core detention and removal                 operations and resources. Our management
business functions and key processes within           and staff will use this plan as a reference tool
five goal areas to accomplish several short-          to develop operations that will be properly
and long-term objectives. It emphasizes the           and fully aligned with all immigration
execution of key processes within the two             enforcement operations. We will follow this
core functions, removals and custody                  plan to ensure that we manage and maintain
management, recognizing they will remain              an effective detention and removal program,
essentially the same once the Program is              and that we continue to execute our part in
fully integrated into the Department of               the overall immigration enforcement process.
Homeland Security (DHS).
                                                      On March 1, 2003, DRO officially became
Enforcement Challenge                                 part of the Bureau of Immigration and
                                                      Customs Enforcement (ICE) of the directorate
Recent events and political initiatives have          of Border and Transportation Security (BTS)
emphasized the significance of DRO’s                  within the Department of Homeland Security
mission and the critical need to restore some         (DHS). This transition brings with it new
certainty to the removal of aliens found to be        partners, stakeholders and challenges yet,
removable. DRO will meet the challenge of             we must remain diligent in our efforts to
this defining moment in our nation’s history,         provide the entire DRO program with the
clearly demonstrating our critical role in            appropriate tools and resources required to
immigration enforcement and our nation’s              accomplish our mission and daily
domestic security. This plan will guide our           assignments. Through this team and our
efforts in developing operational plans and           inter-agency and internal partnerships, we will
resource requirements to achieve our                  succeed in meeting our national policy
national immigration law enforcement policy           mandates.
aims. Through cooperative relationships and
effective partnerships with our internal and
external stakeholders, we will fulfill the
demands of the President, the Congress and


Introduction                                                                                                         1-1
Bureau of Immigration and Customs Enforcement
Office of Detention and Removal

Strategic Framework                                 remove all removable aliens. The principles
                                                    of that foundation are implicit in three
The Director for Detention and Removal, in          overarching strategic themes:
conjunction with his staff, has developed a
vision statement to guide the efforts of the            o   Build partnerships with critical
program for the next ten years. This ten-year               stakeholders.
vision is focused on the development of the
infrastructure, resources, personnel and                o   Develop a professional workforce and
leadership necessary to develop, maintain                   the infrastructure to retain it.
and sustain a program that will accomplish its
mission efficiently and effectively throughout          o   Employ information systems and
the next ten years, and beyond.                             technology.

U.S. immigration policy remains fluid to reflect    These three themes influence objectives and
the ever-changing global and political              strategies across five goal areas. These five
environment; however, this ten-year vision          goal areas will guide DRO operations and
will transcend these changes, as it is founded      efforts and support ICE strategic goals. The
in a mission that reflects the core business of     relationships between DRO goals and those of
the Detention and Removal program. The              ICE and the National Strategy for Homeland
DRO mission is the cornerstone of this vision       Security are depicted in the graphic on the
and this plan. Over the next ten years,             following page and described in more detail in
Endgame will lay the groundwork for                 Chapter 3.
developing the capacity and capability to




                                         DRO VISION
          Within ten years the Detention and Removal Program will be able
            to fully meet all of our commitments and mandates from the
                    President, Congress and the American people.

          To make this happen, the following will be required:

          •   Visionary leadership, at all levels of the organization
          •   An effectively trained and educated professional workforce
          •   The right levels of the right resources such as personnel, facilities, and
              support infrastructure
          •   Effective, responsive, and accurate command, control, communication,
              computers and intelligence (C4I) systems that truly support our
              enforcement requirements and improve the way we do business
          •   Thoughtful and thorough planning, and effective operational execution




1-2                                                                                     Introduction
ENDGAME
                                            D e t e n t i o n a n d R e mo v a l S t r a t e g i c P l a n 2 0 0 3 – 2 0 1 2

            Figure 1. Relationship between DRO, ICE and DHS Strategic Goals and Objectives


         DHS to ICE to DRO Goal Relationships
                       DHS Strategic Objective:                  DHS Strategic Objective :
                       Prevent terrorist attacks           Ensure functions not directly related to
                       within the United States.          homeland security are not diminished or
                                                                         neglected.




             ICE Strategic Goal (DRAFT):                          ICE Strategic Goal (DRAFT):
          Deterring, interdicting, & removing                    Protect America from customs &
            threats; & policing & securing                      immigration violations not directly
                   federal facilities.                                 linked to terrorism.




         DRO Goal 1         DRO Goal 2             DRO Goal 3            DRO Goal 4            DRO Goal 5
          Removals         Custody Mgmt            Non-Detained           Info Tech           Human Capital
                                                     Docket                                      Mgmt


When implemented to its fullest, this plan will            a professional, effective and efficient manner
serve as the platform from which strategies                while addressing the rights, needs and
will be initiated, partnerships will be built, and         interests of all its various stakeholders.
innovation for continued process                           DRO’s primary stakeholders have been
improvement will be fostered. This vision will             identified and grouped, as depicted on the
be realized, and the mission will be                       following page:
accomplished, only through the collective and
collaborative efforts of all DRO employees.
DRO employees (including officers,
management, and staff) must encourage
growth and improvement through the sharing
of ideas and the integration of DRO core
business functions with key processes, all
critical elements of the immigration
enforcement program.

Stakeholders

In response to national policy, DRO provides
the necessary public service of removing
unauthorized aliens from the United States.
DRO is committed to providing this service in


Introduction                                                                                                            1-3
Bureau of Immigration and Customs Enforcement
Office of Detention and Removal


                                             Figure 2. DRO Stakeholders1




                                         Stakeholders
                                                       Internal
            DHS Enforcement                          Internal
                                              International Affairs (Asylum/Refugee)   DRO Employees
                          INS Enforcement (BOR, INSP, INV, LESC)
             (ICE, CIS, CBP, LESC)          Office of General Counsel                  Immigration Services
                          D&R Employees
            Office of Community Relations


                                             External
                                                                               American Private Sector:
                                              *Foreign government              The American People
               *The Alien
                                              Consulates/Embassies             CBOs/NGOs/ABA
               Family members
               Lawyers                        American Government:             Union
                                              Community leaders                Contract services; vendors—
             * LEAs                                                            food, services, IGSA providers
             •Local/State PD’s                Other government
                                              agencies                         CDFs
             •BOP
             •US Marshal Service              Senators/Congressmen             AILA
             (USMS)
                                              Public Health Services           Business owners/employers
             •FBI/CIA
             •JPATS                           Executive Office of              Media
                                              Immigration Review               Airlines & Other Transportation
                                              HHS – Juvenile Affairs


DRO’s primary internal customers are the              efforts that we will create consequences for
other enforcement arms within the                     and deterrence to illegal immigration.
Department’s Directorate of Border and                DRO’s service and enforcement partners
Transportation Security that includes                 work diligently to identify, locate, apprehend,
investigators and intelligence analysts within        process, and remove aliens who violate this
ICE and inspectors and border patrol agents           nation’s immigration laws. While inspectors
within the Bureau of Customs and Border               and border patrol agents can remove aliens
Enforcement (CBP). Other DHS customers                directly at ports of entry via expedited
include the Law                                                               removal, voluntary
                               It is only through our combined efforts
Enforcement Support           that we will create the consequences for
                                                                              return or other
Center (LESC), the              and deterrence of illegal immigration.        methods, that is not a
Office of International                                                       core function of their
Affairs, and the Bureau                                                       mission. “Removing all
of Customs and Immigration Services (CIS).            removable aliens” is, in fact, DRO’s mission.
Through cooperative and concerted efforts,            All of the activity needed to carry out that
all aspects of the immigration enforcement            mission is the service we provide our
process will be completed thoroughly and              partners. Illegal aliens, unaccompanied
expeditiously. It is only through our combined        juveniles, asylum seekers, refugees, and

1
    Refer to pages G-6 and G-7 for a complete listing of the acronyms used in Figure 2 and throughout this report.




1-4                                                                                                        Introduction
ENDGAME
                                        D e t e n t i o n a n d R e mo v a l S t r a t e g i c P l a n 2 0 0 3 – 2 0 1 2

countless other apprehended aliens cannot              facilitate a smooth and trouble-free transfer
all be immediately removed from the country,           from the United States to the alien’s home of
nor can they all be released into the                  record.
American community. For that reason, DRO
resources and expertise are required to                While the alien will not necessarily perceive
transport these aliens from point to point, to         any “benefit” from DRO services, he will be
manage them in custody while their cases are           provided with safe and secure confinement in
being processed and, finally, to remove them           detention facilities, as well as transportation
from the country when ordered to do so. The            from ports and points along the border to
effects of other programs’ enforcement efforts         other detention facilities or his country of
are diminished and their operations are                origin. These services will be provided in a
constrained if DRO cannot execute its mission          professional manner; the alien will be
efficiently and effectively. Therefore, DRO            detained in safe, secure and humane
must immerse itself within the immigration             environments; he will be transported safely;
enforcement element of DHS and establish a             and his movement will be fully coordinated
significant and collaborative presence with its        with his family, legal representative, and
service and enforcement partners and                   country of origin, whenever appropriate. For
stakeholders.                                          these reasons, the alien is as important a
                                                       stakeholder as any of the others mentioned.
      The effects of other programs’
 enforcement efforts are diminished and                This strategic plan and the vision statement
 their operations are constrained if DRO               have been developed in consideration of the
cannot execute its mission efficiently and             concerns of each of our stakeholders. It is
                effectively.                           difficult to prioritize DRO efforts to satisfy one
                                                       stakeholder’s needs over that of another; yet
                                                       the need to satisfy the American
DRO must maintain cooperative relationships            constituency, protect their freedoms and
with each one of its stakeholders to ensure            secure their safety remains the overarching
that enforcement operations are conducted              and desired outcome.
as efficiently and professionally as possible
and that all stakeholders’ legitimate interests     Plan Development
are addressed. DRO and the private sector
rely on each other for the services each
                                                    On August 3, 1993 the President signed into
demands and has to offer. While the private
                                                    law the Government Performance and
sector relies on DRO to provide national and
                                                    Results Act (GPRA). Simply stated, the law
international transportation, or to house and
                                                    implements a strategic planning and
feed detainees, DRO relies on those same
                                                    performance-measuring process to hold
services to execute its mission when they are
                                                    government agencies accountable to the
not available through normal government
                                                    American people for the money they spend.
channels. DRO must also maintain similar
                                                    To that end, the law requires government
cooperative relationships with foreign
                                                                          agencies to develop
governments in order
                                                                          strategic plans with
to realize and effect
                            Endgame supports national, DHS, and           measurable program
removal. Strong
                              ICE-wide policy and initiatives, while      goals, and to report
partnerships and
                              satisfying the inherent needs of both       annually to Congress
cooperative
                             its internal and external stakeholders.      and the American public
coordination between
                                                                          on their progress. The
DRO, the DHS Office
                                                                          Office of Detention and
of International
                                                                          Removal now releases
Affairs, the Department of State (DOS),
                                                    its supporting strategic plan, Endgame,
foreign governments, and the alien will
                                                    covering the time frame 2003-2012. The plan


Introduction                                                                                                        1-5
Bureau of Immigration and Customs Enforcement
Office of Detention and Removal

supports national, DHS, and ICE-wide policy        chapters, this plan lays out a set of strategic
and initiatives, while satisfying the inherent     initiatives DRO will undertake to accomplish
needs of both its internal and external            its mission, achieve its goals, overcome its
stakeholders.                                      challenges and satisfy its stakeholders. The
                                                   plan does not, however, focus on the
The DRO strategic plan and planning process        implementation of specific processes in
is the culmination of a nine-month                 conducting DRO business. Detailed
collaborative effort of the Strategic Plan         processes and operations will be addressed
Working Group (SPWG). The SPWG,                    in a supporting five-year business plan from
consisting of 23 individuals from HQDRO, the       which the budget, the annual performance
field, and other HQ staff elements, was            plan and the annual implementation plan will
chartered in September 2001. The group’s           be built. These appendices support this
immediate task was to develop performance          strategic plan and will be updated on a
measures to be incorporated into the existing      recurring basis.
suite of performance indicators for inclusion
in the fiscal year 2003 Annual Performance             In its four chapters, this plan lays out a
Plan. Upon completion of that immediate                   set of strategic initiatives DRO will
assignment, the group began a systematic,               undertake to accomplish its mission,
academic approach to developing a strategic                 achieve its goals, overcome its
plan that would serve as the cornerstone for          challenges, and satisfy its stakeholders.
development of the fiscal year 2004 (and
future) budgets. The group developed the
mission statement and five goal areas in           Execution
which to focus its operational efforts.
Through an analysis of strengths,                  This Strategic Plan is effective upon release,
weaknesses, opportunities, and threats             and will be maintained by the SPWG
(SWOT), the SPWG identified a set of               throughout the year. Review of the plan and
strategic challenges, key success factors,         its critical elements will be conducted in
and executable objectives and strategies to        conjunction with budget calls, mid-year
address and/or overcome its challenges. The        reviews, and the development of Annual
SPWG resolved that all of its key processes        Performance Plans and Implementation
(its routine and day-to-day activities) could be   Plans.
grouped into two core business functions: 1)
removals; and 2) custody management. In
order to justify the need and significance of
each strategy and objective, the group
developed a suite of indicators to measure
performance in each goal area throughout
the year. Upon release of the plan, the group
will transition to a maintenance mode and will
meet quarterly to review the progress of this
plan and update it accordingly.

Plan Structure

Endgame will shape the future of the DRO
organization and will guide the program
through the current sea of change. The
strategic plan is rooted in the overarching
vision, mission, and goals that will serve as
constants for the next ten years. In its four


1-6                                                                                    Introduction
ENDGAME
                                         D e t e n t i o n a n d R e mo v a l S t r a t e g i c P l a n 2 0 0 3 – 2 0 1 2

Chapter 2. Situational                                  September 11 attacks (such as the Border
                                                        Security Act and the USA PATRIOT Act)
Assessment                                              further expanded DRO’s operational area of
                                                        responsibility. These Acts, in particular, have
Overview                                                reprioritized national immigration enforcement
                                                        efforts and this program’s responsibilities and
The Detention and Deportation Program, now              operations. By implementing this strategic
the Office of Detention and Removal (DRO),              plan and providing a guide to conduct
was established in a 1955 reorganization of             operations, this program is making strides in
the INS to carry out a mission first articulated        altering its operations and resource
in the Alien and Sedition Acts of 1798. The             requirements to support both current and
Alien and Sedition Acts included the earliest           future immigration related policy, events and
deportation legislation, which empowered the            activity.
President to order the departure from the
United States of all aliens deemed                      Situation
dangerous. Legislation since then has
expanded the detention and removal                      Reorganizations and Demands for Service
operations and redefined the classes of
aliens to be deported or excluded. The basic            A) Reorganizations: DRO was integrated
mission, however, remains the same:                        into the Department of Homeland
Remove all removable aliens.                               Security’s Bureau of Immigration and
                                                           Customs Enforcement on March 31,
The Immigration and Nationality Act (INA) of               2003. Notwithstanding the impact this
1952 expanded the federal expulsion power                  transition will have on DRO, the
to include a wider category of aliens. The INA             program’s mission and core functions
listed 19 general classes of deportable aliens             (custody management and removal) will
and provided for exclusion (at the time of                 remain the same. The most significant
application for admission) to the United                   changes will be seen in the organizational
States on health, criminal, moral, economic,               structure, chains of command, and
subversive, and other grounds. The Illegal                 hierarchy. This plan is focused on the
Immigration Reform and Immigrant                           program’s core business functions and
Responsibility Act (IIRIRA) of 1996 expanded               key processes and will, therefore, not be
the number of crimes that made people                      significantly impacted by the final
subject to removal. It also eliminated DRO’s               reorganization decisions.
discretion to release certain aliens by
requiring that virtually any non-citizen subject        B) Demands for Service: An effective
to removal on the basis of a criminal                      enforcement program requires that a
conviction, as well as certain categories of               significant risk of apprehension be
non-criminal aliens, be detained without                   combined with a high likelihood that
bond. As a result of these acts and other                  apprehension will result in removal. With
legislation, DRO is required to detain and                 high enough risk of apprehension and
remove a much larger and more diverse                      sufficient likelihood of removal, the
population. The current population requires                incidence of illegal activities will decline,
unique facilities, procedures and                          improving law enforcement effectiveness.
management depending on risk, criminal                     The national strategy for law enforcement
category, nationality, health and other special            must address the priority of removals.
needs.
                                                        The “endgame” of immigration law
Similarly, operations, policy and legislation           enforcement is the removal of individuals who
that were developed in response to the                  have received final orders of removal. This is



Situational Assessment                                                                                               2-1
Bureau of Immigration and Customs Enforcement
Office of Detention and Removal

the essence of DRO’s mission.                     removal for all removable aliens is critical to
Improvements in the operational                   allow the ICE to provide the level of
effectiveness of apprehensions will create an     immigration enforcement necessary to keep
increased requirement for processing and          America secure. Without this final step in the
removing offenders. Therefore, to                 process, apprehensions made by other DHS
successfully complete the enforcement             programs cannot truly contribute to national
process, the removals program must be as          security.
vigorous as other enforcement programs.
DRO needs appropriate resources to ensure         Strengths, Weaknesses,
that removal does, in fact, result surely from    Opportunities, Threats (SWOT)
apprehension. Otherwise, the workload
resulting from enhancements to and                Endgame was developed with both the
increased efficiencies within other DHS           positive and negative aspects of the program
programs will be made in vain without an          in mind. DRO will exploit its strengths and
equally enhanced detention and removals           minimize its weaknesses in order to capitalize
program.                                          on available opportunities and overcome the
                                                  challenges it faces in pursuit of its mission.
As part of the DHS immigration and law
enforcement mission, the DRO program has
                                                  Strengths
the primary responsibility of providing
adequate and appropriate custody
                                                  DRO’s success will be attributed to the
management (including bed space),
                                                  strength of its leadership, current and
supporting removals, facilitating the
                                                  planned initiatives, the experience and
processing of illegal aliens through the
                                                  dedication of its workforce and an
immigration court, and enforcing their
                                                  unquestionable commitment from the entire
departure from the United States. Key
                                                  program to execute this plan and the critical
elements in exercising those responsibilities
                                                  planning process within which it is a part.
include: identifying and removing all high-risk
                                                  The current workforce has the experience,
illegal alien absconders; ensuring that those
                                                  dedication and corporate knowledge needed
aliens who have already been identified as
                                                  to build the foundation from which this plan
criminals are expeditiously removed; and
                                                  will be launched and from which the program
developing and maintaining a robust
                                                  capacity will be both built and enhanced.
removals program with the capacity to
                                                  DRO’s workforce is supported by time-proven
remove all final order cases issued annually,
                                                  processes to remove illegal aliens from the
thus precluding growth in the illegal alien
                                                  country and the maintenance of detention
absconder populations. Simply stated,
                                                  facilities against standards more stringent
DRO’s ultimate goal is to develop the
                                                  than the national norm.
capacity to remove all removable aliens.

Integral to making America more secure,           1. Leadership: DRO leadership believes
DHS detention and removal operations                 that “failing to plan is planning to fail” and
provide the final step in the immigration            therefore supports this strategic plan and
enforcement process. To accomplish this              a planning process that fully integrates
mission, DRO will be vigorous in its efforts to      operations and performance with
provide services commensurate to the                 resource needs. DRO leadership is
demand from and efforts expended by other            committed to executing this plan and its
enforcement programs and agencies. DRO               strategies to accomplish the mission and
will increase its overall number of removals         attain the vision by empowering the DRO
annually in order to thwart and deter                workforce to think globally, work smarter
continued growth in the illegal alien                and take responsibility for executing a
population. Moving toward a 100% rate of


2-2                                                                       Situational Assessment
ENDGAME
                                         D e t e n t i o n a n d R e mo v a l S t r a t e g i c P l a n 2 0 0 3 – 2 0 1 2

   critical function of the entire immigration               a) Health Care: DRO is expanding its
   enforcement process.                                         health care delivery system to fit
                                                                current and future needs in the most
2. Workforce: The DRO core business                             cost-effective way. This includes
   functions (custody management and                            increasing the services currently
   removal) demand that the DRO officer                         provided by the Public Health Service
   corps maintain broad and expert                              (PHS). It also includes an overall
   knowledge of all applicable                                  upgrade of the Immigration Health
   immigration laws, policy and procedures;                     Information System (IHIS), involving
   they do so. The DRO officer corps has                        the creation of an electronic
   the education and experience to manage                       surveillance system for communicable
   IICE’s unique population while                               diseases that will help to control costs
   simultaneously carrying out proper                           and significantly increase
   enforcement action. Because of their                         administrative efficiency. This
   diverse workload and broad                                   initiative will allow PHS to maintain
   immigration knowledge, DRO officers are                      appropriate staff levels needed to
   often called on to serve on review panels                    provide requisite detainee health care.
   that recommend parole, release or other                      It will especially enhance the
   relief for aliens in accordance with the                     movement of detainees to the most
   law. They are also authorized and                            optimal site based on their health
   mandated to discuss and act on                               conditions and will clear them for
   immigration issues with aliens being                         removal more quickly.
   processed for administrative immigration
   violations.                                               b) Chaplaincy: DRO has requested
                                                                positions be created to place
3. Unique Population and Detention                              chaplains in each of its Service
   Standards: The detained alien population                     Processing Centers (SPCs) to ensure
   is unique and extremely diverse.                             that detainees of different faiths are
   Detained aliens are in administrative                        provided reasonable and equitable
   custody (versus punitive or correctional)                    opportunities to pursue their
   and are therefore afforded rights and                        respective religious practices. This
   privileges not gained by prisoners                           initiative will satisfy detention
   incarcerated in other federal institutions.                  standards that allow for the practice of
   For this reason, DRO conducts routine                        various religions, unique food
   inspections of its facilities and operations                 provisions, and spiritual needs during
   to ensure that they are in compliance with                   terminal illness and death. The
   approved standards, that aliens are                          chaplain will also be responsible for
   treated humanely, and that they are safe                     advising the Officer in Charge in
   and secure. DRO manages its own                              matters of religious holiday
   Detention Management Control Plan                            observance, religious diets, religious
   (DMCP) to ensure its facilities comply                       personal property, dress and
   with American Correctional Association                       contraband.
   detention standards and their own more
   stringent and comprehensive ICE                      4. September 11 Awareness: The
   Detention Standards. Through execution                  unprecedented terrorist attacks on
   of thorough and routine inspections                     September 11, 2001 heightened
   outlined in the DMCP, DRO ensures its                   awareness among the public and
   facilities are operated in a professional               governments worldwide of the critical
   manner and are compliant with                           importance of enforcing immigration laws
   appropriate codes, standards, and                       and sharing information and intelligence.
   regulations.                                            Since then, the U.S. has reviewed its own


Situational Assessment                                                                                               2-3
Bureau of Immigration and Customs Enforcement
Office of Detention and Removal

      business practices regarding immigration        progress on diminishing and eliminating
      and homeland defense and, in doing so,          the existing backlog. Detention and
      has identified critical gaps that are now       Removal resources have not kept pace
      being addressed and resolved. This              with the increased number of
      worldwide focus on immigration provides         apprehensions generated by explosive
      the opportunity to develop and enhance          growth in Border Patrol and Inspections
      relationships and cooperation with foreign      since 1996. Since that time, these
      governments and, most importantly,              apprehension resources have increased
      among U.S. law enforcement, border              by 64 percent while DRO forces have
      control and defense agencies. Finally, it       increased by only 37 percent. While DRO
      has afforded the DRO and the DHS an             does not have empirical models to show
      opportunity to educate the public on the        the optimal ratio of DRO forces to
      critical mission and role they play in the      apprehension assets, it is clear that this
      immigration enforcement process.                asymmetrical growth has put severe
                                                      strains on the program. Its ability to
Weaknesses                                            follow up on apprehensions, to effectively
                                                      manage the processing of cases through
1. Lack of Empirical Models: The DRO                  the immigration courts, and to remove
   mission cannot be accomplished without             those ordered removed has been
   appropriate human resources, yet the               hindered.
   program does not have reliable models to
   determine what the true workload-to-            3. Standardization: The current field
   personnel ratio should be. Although a              structure, coupled with a lack of unified
   new financial management system, the               national operations plans, has resulted in
   Federal Financial Management System                diversified and inconsistent interpretation
   (FFMS), is being fielded that will enhance         of policy and guidance within and
   the management of current fiscal                   between regions and districts.
   resources, DRO does not have the                   Additionally, the current performance
   capability to conduct detailed financial           measurement system creates an
   analysis and resource identification               atmosphere of territoriality rather than a
   utilizing the current system. Also lacking         unified, cooperative, effective, and
   is a documented business model and                 efficient operation. DRO acknowledges
   accurate cost data to support future               that nationwide operations cannot be
   budgetary planning, resource allocation,           conducted consistently without unified
   cost optimization, and GPRA                        operations plans and clear guidance to
   requirements.                                      the field. Developing a national fugitive
                                                      operations policy, a national custody
2. Human Resource Shortfall: The program              management plan and a national
   experienced relatively gradual growth in           transportation system are the program’s
   key areas from 1998 to 2001 (end of year           greatest challenges and will prove to be
   2002 numbers were not available while              among its greatest recent
   drafting this plan). The DRO staff grew            accomplishments when complete.
   by only three percent, which was slightly          Development and deployment of these
   slower than the four percent growth in the         national plans, as envisioned, will have
   docket or caseload. While the program is           significant positive impact on DRO
   making progress, increasing removals by            operations across the board. These
   11 percent, staff growth is only barely            national plans will not solve all program
   keeping pace with the growing docket.              deficiencies but will significantly reduce
   Staff growth must exceed docket growth if          and minimize the gaps. Standard staffing
   the program is going to begin making               guidelines and staffing levels are also
                                                      absent from the DRO personnel


2-4                                                                       Situational Assessment
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                                       D e t e n t i o n a n d R e mo v a l S t r a t e g i c P l a n 2 0 0 3 – 2 0 1 2

   management system. Staff make-ups                       programs are the Student Exchange and
   vary widely among and between like                      Visitor Program (SEVP) and the United
   offices throughout the country. Arguably,               States Visitor and Immigrant Status
   offices should reflect the particular needs             Indicator Technology (US-VISIT).
   of their locale, but the discrepancy in
   staffing levels and ratios, officer grade,         7. Workforce Development: The DHS
   and employee roles and responsibilities               operates and maintains an intensive
   creates anomalies in mission                          course of instruction for new officers and
   accomplishment and unfair advantages                  recruits. The academies provide 11-, 16-,
   and disadvantages to those competing for              and 21-week courses designed to provide
   like jobs.                                            officers with the core competencies
                                                         needed to begin their work at their duty
4. National Fleet System: Lacking a National             location. The officers do, however,
   Transportation Strategy and efficient                 require a period of on-the-job training
   coordination, DRO spends millions of                  before they are fully effective in their
   dollars annually for air and ground                   assigned duties. Unfortunately, DRO
   transportation in order to manage the                 does not have an advanced or
   detention population and effect timely                professional development program of
   removals. Likewise, as staffing levels in             equal caliber. Officers do not have a
   other programs have increased, the DRO                “career advancement” template to follow
   program has experienced an increased                  and, due to the operational tempo and
   workload without the necessary increase               shortfall in human resources, officers are
   in vehicles. Consequently, the lack of                often not relieved from duty to attend
   adequate types and numbers of vehicles                professional development training. This,
   and a central movement control center                 along with several other factors, has had
   handicaps DRO in carrying out its mission             a detrimental affect on retention rates
   as effectively and efficiently as it could.           within the DRO officer corps. The low
                                                         retention rate is further exacerbated, as
5. Alternatives to Detention: The DRO                    the hiring and training process is
   detained population has grown in both                 extremely slow and cumbersome; officers
   numbers and diversity in recent years, yet            are not trained and put in place before
   detention methods needed to satisfy                   existing staff is burnt out and eventually
   unique demands have not kept pace. For                leaves the program.
   example, family groups are often held in
   hotels because there are not adequate              8. Institutional Removal Program (IRP): The
   facilities available to house both adults             IRP, as currently executed, is inefficient
   and juveniles together.                               and less effective than it should be
                                                         because the responsibility for operational
6. DHS Enforcement Initiatives: The DHS is               execution lies with the Investigations
   currently implementing and making plans               program (identifying and processing
   to implement several enforcement                      incarcerated aliens) and the responsibility
   initiatives and programs that, when fully             for results lies with the Detention and
   operational, will generate increased                  Removal program (removing criminal
   demands on DRO. Unfortunately, these                  aliens). Even at authorized staffing
   increased demands do not come with                    levels, the Government Accounting Office
   increased DRO resources. DRO cannot                   (GAO) and the Office of the Inspector
   fully support these programs, and they                General have clearly cited a workforce
   will not be as effective as intended,                 shortfall to handle the significant
   without a commensurate increase in                    workload. As the War on Terror
   personnel and infrastructure. These                   continues to be waged, the Special
                                                         Agents who have been supporting the


Situational Assessment                                                                                             2-5
Bureau of Immigration and Customs Enforcement
Office of Detention and Removal

      IRP are being pulled from the program to          population of over 65% criminal, some
      work other high profile cases related to          requiring a maximum-security setting. As
      “homeland security”. These positions and          an agency, we have had a relatively short
      the IRP work left unaccomplished by               period of time and little funding to keep up
      these special agents are not being                with the growth and the special needs of
      backfilled, increasing the risk of releasing      this disparate population.
      criminal aliens into the community.
                                                     11. September 11 Unfunded Mandates:
9. Inadequate Information Technology to                  Since September 11, 2001, policy and
      Support DRO Operations: The                        activity has subjected DRO to a series of
      Deportable Alien Control System (DACS)             unfunded mandates, taking resources
      no longer responds to the demands                  away from the accomplishment of other
      placed on it in today’s operational                critical operations. Throughout the past
      environment. Outdated hardware and                 year, the Administration, the Department
      software, coupled with questionable data           of Justice and Congress have initiated
      quality, render the system difficult and           several programs in response to gaps
      inefficient to use. The integrity of the           revealed by September 11 findings.
      system has been maintained by years of             These have forced the program into a
      software patchwork, additions and                  reactive role, thereby redirecting our
      enhancements.                                      proactive initiatives and planning.
                                                         Programs such as the Alien Absconder
10. Aging and Inadequate Infrastructure for              Initiative and the Custody Review Unit,
    Detention Operations: Historically,                  while extremely beneficial in securing
    funding for repair, construction, and                America’s borders, have not been
    alteration has not been adequate to                  resourced to the extent that optimum
    support our Service Processing Centers               benefit can be realized.
    (SPCs). Funding for construction projects
    has routinely been reduced and/or                12. Lack of Immigration Enforcement Mission
    eliminated over the last several years.              Area Plan: As the title of this plan
    This has made it extremely difficult to              implies DRO provides the final step in
    support our detention operation and to               the immigration enforcement process.
    keep up with the technological / design /            The Department does not yet have, in
    procedural advancements the "prison"                 place, a tool, method or process to
    industry affords. While most of our                  ensure that strategies, budgets and
    facilities have portions of new
                                                         operations planned for and executed
    construction, our facilities generally need
    significant physical improvements. This is
                                                         by other enforcement programs
    not to say that any of our facilities are in         consider the impact to DRO and the
    "poor condition." Our staff goes to great            ensuing operational implications and
    lengths to ensure the health, safety and             resource requirements.
    welfare of the staff, detainees, and
    general public. Facilities like Florence, El     13. Non-detained docket: The Detention and
    Centro, El Paso, and Port Isabel, when               Removal program does not have a
    originally constructed years ago, were               program to effectively manage its non-
    designed to hold relatively small non-               detained docket. The appearance rate of
    criminal populations for short periods of            individuals released from ICE custody is
    time. Over the last 5 years, our                     estimated to be 15 percent and the
    population has increased by 136%, and                program does not have the resources to
    the classification of our population has             identify, locate, apprehend and process
    gone from primarily non-criminal to a                the remaining 85%.



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                                          D e t e n t i o n a n d R e mo v a l S t r a t e g i c P l a n 2 0 0 3 – 2 0 1 2

Opportunities                                                 aliens continue to find ways to enter the
                                                              country illegally. The detention and
DRO is currently working on several short-                    removal mission is manpower intensive
and long-term initiatives that are proving to be              and very few functions can be automated.
excellent opportunities to continue its                       Therefore, the success of the mission
progress in implementing this plan and                        relies heavily on available human
achieving its vision and mission. The proper                  resources and their capabilities. DRO will
use of information technology is critical to                  work diligently to close the gap between
program success and DRO is working with                       its workforce and the demands for
the Office of Information Resource                            services. To ensure that the existing
Management (OIRM) to replace the                              workforce is productive, efficient and
Deportable Alien Control System with the                      effective, DRO will implement strategies
Removal Module (EREM) of the Enforcement                      to improve training programs, create
Case Tracking System (ENFORCE). The                           professional development programs, and
EREM will draw from many more databases                       build the infrastructure (information
and sources than DACS. It is expected that                    technology, transportation, facilities)
EREM will facilitate the automation and                       essential to facilitate the detention and
subsequent improvement of many DRO                            removal process.
efforts and procedures. Other initiatives
include the implementation of the National               2. Institutional Removal Program (IRP): The
Fugitive Operations Plan, the reorganization                IRP, as currently executed, is inefficient
of District DRO operations who control                      and less effective than it should be
Service Processing Centers (SPCs),                          because the responsibility for operational
unilateral management of the Institutional                  execution lies with the Investigations
Removal Program (IRP), revision of the Field                program (identifying and processing
Officer’s Manual, an initiative to reengineer               incarcerated aliens) and the responsibility
the bond management program, development                    for results lies with the Detention and
of a central ticketing program to coordinate all            Removal program (remove criminal
escort missions, and implementation of                      aliens). To reduce the inefficiencies in
various electronic monitoring programs. All of              the program, in September 2000 the
these initiatives are layers deep and include               Office of Field Operations mandated the
the creation of training and professional                   transition of the IRP from Investigations to
development programs, increased staffing                    Detention and Removal. Consolidation of
levels and greater stakeholder cooperation                  the IRP will allow senior management to
and involvement.                                            focus on and resolve the program
                                                            deficiencies identified in the 1997 and
In addition to these initiatives, other strategies          1998 GAO reports. These efficiencies will
within this plan, current events, political will,           permit more aliens to be processed while
and public interest provide the program with                incarcerated, thereby reducing the
an array of opportunities from which it cannot              potential demand for detention space.
turn away. DRO will exploit every opportunity               Overall, improved effectiveness of the
presented in order to build the capacity to                 IRP will increase the public safety, reduce
remove all removable aliens.                                the potential for future crimes, and
                                                            enhance the welfare of our society. DRO
                                                            is working with the Investigations
1. Human Resource Shortfall: The workload                   Program to either identify resources to be
   per case officer is daunting and the pool                transferred with the IRP or to acquire
   of removable aliens continues to grow as                 additional resources to merge and
   other immigration enforcement divisions                  execute the program.
   become more effective, apprehending
   greater numbers of individuals, and as


Situational Assessment                                                                                                2-7
Bureau of Immigration and Customs Enforcement
Office of Detention and Removal

3. DEO/IEA Reclassification: Creation of              indicated that there is a backlog of cases
   the Immigration Enforcement Agent (IEA),           with unexecuted orders of removal. The
   with a journeyman-level at GS-9, will              NFOP will target this backlog by
   make this entry-level position a true              facilitating the apprehension and
   foundation for an officer’s career                 subsequent removal of those fugitives.
   development. This new career position              The goal over the next ten years will be to
   will strengthen the overall professionalism        eliminate this backlog and to ensure that
   of the DRO workforce and will afford               our efforts in terms of apprehension and
   those who are interested with the                  removal of fugitive cases equals the
   opportunity to apply for any of the senior         number of new cases falling into this
   officer positions, thereby continuing their        category. While woefully inadequate to
   career growth within the Division and              achieve the goal, the creation of 40
   Department. Establishment of this                  positions dedicated to the NFOP is a
   position will create a corps of nearly 2,400       promising start.
   IEAs with arrest authority and authority to
   issue detainers. This increased                 5. Removal Module (EREM) of the
   workforce will create a pool of officers that      ENFORCE: ENFORCE Removal Module
   can effectively execute the IRP. If this           (EREM) is a module of the Enforcement
   corps of officers works the IRP 25% of             Case Tracking System (ENFORCE) that
   their time (as is expected to meet the             will support detention and removal
   requirements of the new classification and         operations. As such, it is integrated with
   grade), we will have, in effect, almost 600        applications that support other
   full time equivalent positions (FTE)               enforcement operations, e.g.
   dedicated to the IRP, which is nearly              apprehensions, investigations and
   double the current IEA FTE. By doubling            intelligence. ENFORCE will support all
   the effective IRP workforce, we can                enforcement processes and make
   expect a significant increase in criminal          enforcement data available at all levels of
   removals as more incarcerated                      DHS nationwide. ENFORCE will capture
   removable aliens are processed and                 data on individuals, entities, and
   deported. This increased effectiveness             investigative cases, and support case
   will also reduce the number of persons             processing from apprehension through
   placed in ICE detention, thus reducing             final completion. ENFORCE will be used
   avoidable detention costs.                         to support field personnel by producing
                                                      required forms and reports. Finally,
4. National Fugitive Operations Program               ENFORCE will provide intelligence and
   (NFOP)/Absconder Apprehension                      management information to support
   Initiative (AAI): In response to the               decision makers. EREM goals are to:
   terrorist attacks of September 11, 2001,
   Congress passed legislation providing               •   Ensure timely, accurate and
   funding and positions for the role of law               complete information;
   enforcement agencies in the war against             •   Obviate redundant data entry across
   terrorism. As part of that legislation, DRO             multiple systems;
   was authorized an enhancement of 40                 •   Capture information as a part of the
   positions solely for the purpose of                     operational workflow;
   apprehending fugitive aliens. Seven                 •   Produce forms and statistics, and
   districts were assigned these positions to              pass information to partners,
   create a Fugitive Operations Section for                customers and stakeholders as a by-
   the purpose of implementing the NFOP.                   product of information capture;
   The Absconder Apprehension Initiative
   announced in the Deputy Attorney
   General’s directive of January 25, 2002,


2-8                                                                       Situational Assessment
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                                         D e t e n t i o n a n d R e mo v a l S t r a t e g i c P l a n 2 0 0 3 – 2 0 1 2

    •   Make structured decisions on the                     Enhancements to the DRO removals
        basis of information on hand and                     program will directly benefit DHS
        business rules; and                                  enforcement initiatives (such as the
    •   Provide support for optimal decision-                Student Exchange and Visitor Program
        making.                                              (SEVP), the United States Visitor and
                                                             Immigrant Status Indicator Technology
6. DRO Reorganization: In May 2003, the                      (US-VISIT)) by completing the final step
   Assistant Secretary for ICE announced an                  in the enforcement process. Only by
   interim organization structure for the                    apprehending and removing those
   bureau. Within this structure DRO field                   individuals who choose to disregard
   elements would be geographically                          immigration law, can the overall program
   realigned to with that of the investigations              be successful.
   program and re-subordinated to report
   directly to HQ DRO, Field Operations.                8. National Fleet System: A comprehensive
   This reorganization will:                               National Transportation Plan is necessary
                                                           in order to maximize the use of DRO’s
        •   Create a direct line of authority              limited air and ground resources while
            over all DRO elements;                         ensuring efficiency. A contract study will
        •   Develop and practice consistent                consider all transportation means, current
            operations nationwide;                         routes, and location of existing facilities
        •   Develop and apply uniform                      and potential sites to maximize a forward-
            detention standards;                           thinking transportation plan. Meanwhile,
        •   Optimize nationwide utilization of             an ongoing replacement and
            bed space and transportation                   enhancement of the DRO vehicle fleet
            resources; and                                 program that provides for adequate types
        •   Mirror and fully support the ICE               and numbers of vehicles is instrumental in
            enforcement field structure.                   carrying out the ICE and DRO missions.
                                                           Based on the needs of DRO, an adequate
   The Director, DRO with direct control over              annual fleet budget should be dedicated
   field operations and the program’s                      to ensure that staff has adequate
   detention facilities will be in the best                numbers and appropriate types of
   position to influence real changes and the              vehicles.
   regulation needed to address and resolve
   historical issues regarding the treatment            9. Soft Detention: Conducting an initiative to
   of population, facility and infrastructure              provide “softer” (staff secure) detention
   conditions, personnel training, and much-               settings for special populations, such as
   needed standardization of policy and                    asylum seekers and family groups, will
   procedures.                                             allow ICE to fulfill the goal of providing
                                                           appropriate detention conditions.
7. Increased Removals: Moving toward a
   100% rate of removal for all removable               10. Alternative Methods to Detention: With
   aliens allows ICE to provide the level of                limited bed space, there is a need to find
   immigration enforcement necessary to                     alternative detention methods for those
   keep America secure. Without this final                  aliens who do not pose a threat to society
   step in the process, apprehensions made                  and who are not a serious flight risk.
   by other DHS programs (such as the                       There is also a need to ensure that aliens
   Border Patrol, Inspections, and                          released from secure custody comply with
   Investigations) will not provide the                     their conditions of release and appear in
   deterrent or the enforcement tool                        court when required. In recent years,
   necessary to secure America’s borders.                   DRO has developed and implemented



Situational Assessment                                                                                               2-9
Bureau of Immigration and Customs Enforcement
Office of Detention and Removal

   several successful non-traditional                    lawmakers, immigration organizations
   detention methods to accomplish these                 and the public understand the
   objectives. Current alternatives to                   uniqueness of administrative (DRO)
   detention include housing aliens,                     detention vs. the punitive detention
   appropriately, in halfway houses and                  administered by the BOP and other
   family shelters. In Berks County, PA,                 custodial agencies. DRO will continue
   DRO has a detention facility designed to              to execute its Detention Management
   detain family groups and provide for their            Control Plan and market its success in
   unique needs. DRO will continue its                   that area with respect to maintaining
   research into available technology and                safe, secure, and humane detention
   methods in order to create and provide                facilities.
   safe, secure and humane alternatives to
   detention. Electronic monitoring will also     12. Foreign Governments: Another critical
   allow for the management of released               external factor that influences DRO
   individuals, thus making bed space                 operations is foreign government policy
   available for those aliens posing greater          on repatriation and issuance of travel
   risks of flight or threats to public safety.       documents. Travel document and
   With these types of options available,             repatriation policies vary from country to
   DRO can comply with the law while                  country and within the same country,
   having the flexibility to manage special           depending on the government and
   cases in an appropriate manner. Through            political environment. Countries may
   these and other non-traditional detention          refuse return or repatriation based on
   methods, DRO has set a target to                   factors such as criminal background,
   increase the rate of appearance by ten             bloodline, place of birth and, at times, as
   points each year until it reaches 100              a political statement to the United States.
   percent appearance.                                These policies have created a population
                                                      of “long-term” detainees that raises
11. Partnerships:                                     detention costs, reduces throughput, and
                                                      limits bed availability. Through increased
   a) Executive Office of Immigration                 cooperation with the Department of State,
      Review (EOIR): DRO will work to                 the DHS Office of International Affairs,
      create greater cooperation and                  and foreign governments, DRO will work
      partnership with the EOIR to improve            to remove these barriers and to establish
      the effectiveness of the removal                and develop protocols and procedures
      process. Through combined efforts to            that will facilitate the proper and timely
      share information in an electronic and          removal of unauthorized aliens.
      real-time environment, we can create
      a seamless process expediting the           Threats
      transfer of an alien from the courts to
      DRO for immediate removal, if that          Among the many fiscal and political
      alien has been issued a final order of      challenges DRO faces daily, the SPWG
      removal.                                    identified a set of challenges that must be
                                                  overcome to accomplish its mission. These
   b) Non-government organizations                are challenges that will only be resolved
      (NGO)/Community Based                       through the implementation and execution of
      Organizations (CBO): DRO will               a series of vigorous and directed strategies.
      expand on its community outreach            These challenges will not be resolved in the
      programs and work with NGOs and             near term; they are issues that have plagued
      CBOs to educate the public on the           the detention and removal program for many
      purpose and mission of DRO                  years and will take several years of
      detention. It is important that


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                                        D e t e n t i o n a n d R e mo v a l S t r a t e g i c P l a n 2 0 0 3 – 2 0 1 2

partnering, cooperation and political support               unaccompanied juveniles of either
to overcome. These strategic challenges are:                gender, or families. Even the detention by
                                                            DRO of those with criminal convictions
1. Growth in Disparity in Detention                         (“criminal aliens”) is strictly administrative
   Workload: Growth in both numbers and                     in nature, not punitive. This necessitates
   diversity in the detention population has                different environments, standards, and
   created demands for varied and                           population management within DRO
   appropriate facilities. In the early 1990s,              facilities than that of other federal, state,
   the majority of ICE detainees were                       county, or local correctional facilities.
   housed in ICE Service Processing                         DRO detainees have unknown lengths of
   Centers (SPCs), private contract facilities,             stay in custody because they are
   or Bureau of Prisons (BOP) institutions.                 dependant on the speed of immigration
   Today, the majority of detainees are                     court hearings, appeal review or removal
   housed in county and local institutions                  processing.
   through inter-governmental service
   agreements (IGSAs). Because DRO                          •     DRO must house adults, juveniles,
   does not own these facilities, they have                       and families. The separate detention
   less control over mixing criminal vs. non-                     requirements for juveniles and
   criminal populations and ensuring                              families can be costly. Juvenile
   compliance with other jail standards that                      detention, in particular, requires “sight
   affect detention. Further exacerbating the                     and sound” separation from adults, as
   problem has been unprecedented slow                            well as education, recreation, and
   growth in the detention officer corps over                     counseling.
   the last 10 years, which is relatively                   •     The co-mingling of criminal and non-
   disparate to the growth of the detention                       criminal detainees is a real concern.
   population. For example, the rate of                           The majority of detainees have
   detainees per officer grew from 6.7 to 9.0                     criminal histories and separating them
   from 1995 to 1999. This shortfall of DRO                       from non-criminals is important. The
   officers slows case management and                             DRO classification system was set up
   removals processes, increases bed days                         to identify and place individuals
   and further heightens the probability of                       accordingly.
   multiple types of significant incidents that             •     Cultural and political rivalries can lead
   could place detainees, employees and                           to violence between nationalities.
   the public in danger.                                          Separating detainees by nationality is
                                                                  often required to keep problems from
2. Unique Population: DRO detainees are                           arising.
   all held for administrative, not criminal                •     DRO has a large number of detainees
   law, violations. They are awaiting the                         with extended lengths of stay. They
   adjudication of their immigration status                       can be disruptive and are a special
   cases, and are not being held subject to a                     security concern in DRO detention
   criminal conviction. This detained                             because they have no finite detention
   population is inherently unique, requiring                     period.
   specialized knowledge and processes to
   safely and humanely hold in appropriate
   facilities and meet all operational                 3. High Detention Throughput and Turnover:
   demands. The DRO detained population                   DRO detention facilities have a much
   includes illegal economic migrants, aliens             higher throughput than other DOJ
   who have committed criminal acts,                      detention providers. Because aliens are
   asylum-seekers (required to be detained                being held to facilitate their case
   by law) or potential terrorists. These                 processing and potential removal, the
   persons can be male, female,                           lengths of stay in DRO detention vary



Situational Assessment                                                                                            2-11
Bureau of Immigration and Customs Enforcement
Office of Detention and Removal

   widely. They are driven by a number of             are relatively short-term in nature, they
   variables including the court’s efficiency in      can have a drastic and enduring impact
   case review and adjudication, the alien’s          on available detention space.
   ability to obtain travel documents and so
   forth. This creates a fast-paced detention      6. Alien Population: As of the year 2000, the
   environment with high throughput. The              Immigration and Naturalization Service, in
   special nature of the DRO detained                 conjunction with the Census Bureau,
   population requires unique detention               estimated the size of the nation’s illegal
   procedures and the manpower to                     resident population at between eight and
   process, house, and transport aliens               eleven million residents (in the country for
   almost continually. DRO’S detention                at least a year). The INS estimated that
   management standards go well beyond                the illegal immigrant population was rising
   the normal "health and humane                      a net amount of 275,000 per year while
   treatment" issues addressed in BOP and             the Census Bureau estimated the
   USMS facilities using the core DOJ                 increase to be 225,000 per year. The INS
   standards. In order to achieve our goals,          estimated in 1998 that about two-fifths of
   DRO follows access standards (access to            the resident illegal alien population
   lawyers, phones, consulates, rights                entered legally and then lost their legal
   presentations, law libraries) that are all         status by overstaying their authorized visit
   geared to facilitate a rapid and fair              and/or by illegally taking jobs. Ultimately,
   processing of aliens' cases.                       this constant unaccounted flow into the
                                                      country adds to the pool of removable
4. Facilities: The demand for DRO detention           aliens.
   has grown much faster than available
   federal bed space, causing an increased         7. U.S. Policy: As mentioned at the
   reliance on local jails to house detainees.        beginning of this chapter, DRO operations
   Reliance on local jails reduces the                have been and continue to be impacted
   number of detainees who are under direct           by changes in U.S. immigration and
   DRO supervision and control. Utilizing a           immigration enforcement policy.
   variety of small local jails increases cost        Unfortunately, more often than not, these
   and transportation needs, and places               changes are directed in the form of
   DRO in direct competition for scarce bed           unfunded mandates that force the
   space with other federal and local entities.       program to redirect resources from daily
   This factor is particularly critical because       operations to current crises, special
   DRO has more stringent jail standards              projects and immediate needs. DRO will
   than other entities, which limits the              continue to serve the President, the
   number of jails that it can use.                   Congress and the American people;
                                                      however, our mission – “to remove all
5. Immigration Emergencies: Detention can             removable aliens” – grows continually
   be affected by unforeseen events                   more difficult without a commensurate
   occurring in other countries, such as              increase in staff, funding, and
   natural disasters (i.e., earthquakes,              infrastructure.
   hurricanes, etc.), war, and
   economic/political crises. These events
   can produce a “shock” to DRO detention.
   Such shocks can produce large numbers
   of illegal aliens, additional detention
   needs, and the inability to remove aliens
   from the U.S. back to countries in crisis.
   Though these immigration emergencies



2-12                                                                      Situational Assessment
ENDGAME
                                               D e t e n t i o n a n d R e mo v a l S t r a t e g i c P l a n 2 0 0 3 – 2 0 1 2

Chapter 3. Goals and Objectives                                         4. Ensure functions not directly
                                                                           related to homeland security are
                                                                           not diminished or neglected; and
Goal Relationships                                                      5. Monitor and sever connections
                                                                           between illegal drug trafficking and
DRO developed five strategic goals to guide                                terrorism; and conduct other efforts
the program’s operational efforts and                                      to interdict illegal drug trafficking.
resource requirements towards
accomplishing its mission and meeting its                       B. DHS Critical Mission Areas
ultimate objective: remove all removable
aliens. Three operational goals are directly                            1. Intelligence and warning;
aligned with and support the ICE mission                                2. Border and transportation
and the second of its five (DRAFT) strategic                               security
goals and can be further aligned with                                       • Create smart borders
strategic objectives identified in the National                             • Reform immigration services.
Strategy for Homeland Security. The                                     3. Domestic counter-terrorism;
remaining two goals support ICE’s fourth                                   • Improve intergovernmental law
strategic goal as well as administrative                                       enforcement coordination.
elements within the President’s                                            • Facilitate apprehension of
Management Agenda. These last two are                                          potential terrorists.
essential to building the infrastructure and                            4. Protecting critical infrastructure;
capacity to carry out the DRO mission.                                  5. Defending against catastrophic
                                                                           terrorism; and
Homeland Security to DRO                                                6. Emergency preparedness and
                                                                           response.
The purpose of the National Strategy for
Homeland Security “is to mobilize and                                   The critical mission area, Border and
organize our Nation to secure the U.S.                                  Transportation Security, envisions that
homeland from terrorist attacks.” 2 The                                 “federal law enforcement agencies will
original strategy, dated July 2002, identified                          take swift action against those who….
three strategic objectives for meeting this                             or violate terms of entry and pose
purpose that were later supplemented with                               threats to the American people.” 3
another two during the FY2005-2009 budget                               Specifically stated within the initiative to
development cycle. The plan then aligns its                             create smart borders, “the Department
functions essential to achieving these                                  would enter into national law
objectives into six critical mission areas.                             enforcement databases the names of
                                                                        high-risk aliens who remain in the
A. DHS Strategic Objectives                                             United States longer than authorized
                                                                        and, when warranted, deport illegal
     1. Prevent terrorist attacks within                                aliens.” 4 This statement is the
        the United States;                                              Strategy’s direct link to DRO’s mission:
     2. Reduce America’s vulnerability to                               “Remove all removable aliens.”
        terrorism;
     3. Minimize the damage and recover                                 A second element in this mission area
        from attacks that do occur;                                     is to reform immigration services, and
                                                                        DRO has already completed a step in
                                                                        this process. In May 2003, the
                                                                        Assistant Secretary for ICE announced
2
  National Strategy for Homeland Security, Office of
                                                                3
Homeland Security, Executive Office of the President;               Ibid, pg 22
                                                                4
(July 2002), p. vii.                                                Ibid, pg 23


Goals and Objectives                                                                                                       3-1
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Operation Endgame

  • 1. U.S. Department of Homeland Security Bureau of Immigration and Customs Enforcement ENDGAME Office of Detention and Removal Strategic Plan, 2003 - 2012 Detention and Removal Strategy for a Secure Homeland Form M-592 (8/15/03)
  • 2.
  • 3. ENDGAME D e t e n t i o n a n d R e mo v a l S t r a t e g i c P l a n 2 0 0 3 – 2 0 1 2 Contents Executive Summary ...................................................................................................... ii Chapter 1. Introduction........................................................................................... 1-1 Situation .................................................................................................................................................1-1 Enforcement Challenge .........................................................................................................................1-1 Strategic Framework..............................................................................................................................1-2 Stakeholders..........................................................................................................................................1-3 Plan Development .................................................................................................................................1-5 Plan Structure ........................................................................................................................................1-6 Execution ...............................................................................................................................................1-6 Chapter 2. Situational Assessment ....................................................................... 2-1 Overview................................................................................................................................................2-1 Situation .................................................................................................................................................2-1 Reorganizations and Demands for Service.......................................................................................2-1 Strengths, Weaknesses, Opportunities, Threats (SWOT).....................................................................2-2 Strengths ...........................................................................................................................................2-2 Weaknesses ......................................................................................................................................2-4 Opportunities .....................................................................................................................................2-7 Threats.............................................................................................................................................2-10 Chapter 3. Goals and Objectives ........................................................................... 3-1 Goal Relationships.................................................................................................................................3-1 Homeland Security to DRO ...............................................................................................................3-1 Goal Alignment ......................................................................................................................................3-4 Milestones..............................................................................................................................................3-6 Chapter 4. Strategies .............................................................................................. 4-1 Strategic Concept ..................................................................................................................................4-1 Strategic Fundamentals.........................................................................................................................4-1 Foundations for Success .......................................................................................................................4-1 General ..................................................................................................................................................4-2 Strategic Challenges and Success Factors...........................................................................................4-3 Strategic Challenges .........................................................................................................................4-3 Key Success Factors.........................................................................................................................4-3 Strategic Initiatives.................................................................................................................................4-3 Strategies...........................................................................................................................................4-4 Execution .............................................................................................................................................4-10 Effective ...........................................................................................................................................4-10 Plan Maintenance............................................................................................................................4-10 Planning Cycle.................................................................................................................................4-10 Glossary..................................................................................................................... G-1 Contents i
  • 4. Bureau of Immigration and Customs Enforcement Office of Detention and Removal Executive Summary o Building partnerships with critical stakeholders; Endgame is the Immigration and Customs o Developing a professional workforce Enforcement (ICE), Office of Detention and and the infrastructure to retain it; and Removal (DRO) multi-year strategic enforcement plan. It stresses the effective o Employing mission-critical systems and efficient execution of the critical service and information technology. DRO provides its partners and stakeholders to enforce the nation’s immigration and Endgame embodies the core principles found naturalization laws. The DRO strategic plan within the National Strategy for Homeland sets in motion a cohesive enforcement Security. The National Strategy for program with a ten-year time horizon that will Homeland Security promotes a balanced and build the capacity to “remove all removable integrated enforcement strategy, which aliens,” eliminate the backlog of unexecuted ensures that the probability of apprehension final order removal cases, and realize its and the impact of the consequences are vision. sufficient to deter future illegal activity. Through its operational focus on fugitive DRO VISION apprehension and developing full capacity to “Within ten years, the Detention and remove all removable aliens, Endgame is a Removal Program will be able to meet all key element in the achievement of the of our commitments to and mandates from the President, Congress, and the balanced immigration enforcement strategy. American people.” DRO’s success as a core element of the immigration enforcement mission will be realized when the synchronization of its Endgame is an essential part of an overall resources and infrastructure result in the strategic planning process that will integrate immediate and effective removal of each operations with budget development and removable alien. With this strategic plan, performance measurement. The DRO DRO strives toward that goal while ensuring Strategic Plan Working Group, which that its services will be provided consistently developed this plan, will maintain it and the and professionally. The result will be process through a suite of performance enhanced homeland security through the indicators. These will ensure that operations successful accomplishment of DRO’s and accomplishments are appropriately mission. measured and that the plan accurately reflects the current and future environment. Endgame is pro-active in its vision to confront DRO MISSION and overcome the many challenges DRO faces today and will face tomorrow. Throughout the next ten years, DRO will “Promote the public safety and implement and execute a series of strategies national security by ensuring the that will develop the capacity and capability to departure from the United States of execute all final orders of removal. The three all removable aliens through the themes listed below are DRO’s “foundations fair and effective enforcement of for success,” the pillars supporting the the nation’s immigration laws.” platform from which this plan and its strategies will be launched: ii Executive Summary
  • 5. ENDGAME D e t e n t i o n a n d R e mo v a l S t r a t e g i c P l a n 2 0 0 3 – 2 0 1 2 Chapter 1. Introduction the American people. Building these partnerships is fundamental to the success of this plan and DRO’s mission and will result in Situation improvements that maximize efficiencies within the immigration enforcement process. Endgame is the Immigration and Customs Enforcement (ICE), Office of Our mission is critical to the immigration Detention and Removal (DRO) multi-year enforcement process and provides the final strategic enforcement plan. It is part of a link in securing America’s borders. Our broader planning cycle that, when fully plans, operations and resource requests will implemented, will integrate strategic and be fully integrated with all other immigration operational planning with the budget building enforcement programs and initiatives. process and performance measurement. Initiatives to improve border security and Endgame articulates the DRO mission and protect the interior of the United States vision statement, and through an increase in will guide the Endgame is part of a broader planning personnel and development and cycle that, when fully implemented, will enhanced information execution of DRO integrate strategic and operational technology, as well as operations through a planning with the budget building process the establishment of focused set of goals, and performance measurement. the DHS, will require objectives and significant increases in strategies. The plan detention and removal identifies core detention and removal operations and resources. Our management business functions and key processes within and staff will use this plan as a reference tool five goal areas to accomplish several short- to develop operations that will be properly and long-term objectives. It emphasizes the and fully aligned with all immigration execution of key processes within the two enforcement operations. We will follow this core functions, removals and custody plan to ensure that we manage and maintain management, recognizing they will remain an effective detention and removal program, essentially the same once the Program is and that we continue to execute our part in fully integrated into the Department of the overall immigration enforcement process. Homeland Security (DHS). On March 1, 2003, DRO officially became Enforcement Challenge part of the Bureau of Immigration and Customs Enforcement (ICE) of the directorate Recent events and political initiatives have of Border and Transportation Security (BTS) emphasized the significance of DRO’s within the Department of Homeland Security mission and the critical need to restore some (DHS). This transition brings with it new certainty to the removal of aliens found to be partners, stakeholders and challenges yet, removable. DRO will meet the challenge of we must remain diligent in our efforts to this defining moment in our nation’s history, provide the entire DRO program with the clearly demonstrating our critical role in appropriate tools and resources required to immigration enforcement and our nation’s accomplish our mission and daily domestic security. This plan will guide our assignments. Through this team and our efforts in developing operational plans and inter-agency and internal partnerships, we will resource requirements to achieve our succeed in meeting our national policy national immigration law enforcement policy mandates. aims. Through cooperative relationships and effective partnerships with our internal and external stakeholders, we will fulfill the demands of the President, the Congress and Introduction 1-1
  • 6. Bureau of Immigration and Customs Enforcement Office of Detention and Removal Strategic Framework remove all removable aliens. The principles of that foundation are implicit in three The Director for Detention and Removal, in overarching strategic themes: conjunction with his staff, has developed a vision statement to guide the efforts of the o Build partnerships with critical program for the next ten years. This ten-year stakeholders. vision is focused on the development of the infrastructure, resources, personnel and o Develop a professional workforce and leadership necessary to develop, maintain the infrastructure to retain it. and sustain a program that will accomplish its mission efficiently and effectively throughout o Employ information systems and the next ten years, and beyond. technology. U.S. immigration policy remains fluid to reflect These three themes influence objectives and the ever-changing global and political strategies across five goal areas. These five environment; however, this ten-year vision goal areas will guide DRO operations and will transcend these changes, as it is founded efforts and support ICE strategic goals. The in a mission that reflects the core business of relationships between DRO goals and those of the Detention and Removal program. The ICE and the National Strategy for Homeland DRO mission is the cornerstone of this vision Security are depicted in the graphic on the and this plan. Over the next ten years, following page and described in more detail in Endgame will lay the groundwork for Chapter 3. developing the capacity and capability to DRO VISION Within ten years the Detention and Removal Program will be able to fully meet all of our commitments and mandates from the President, Congress and the American people. To make this happen, the following will be required: • Visionary leadership, at all levels of the organization • An effectively trained and educated professional workforce • The right levels of the right resources such as personnel, facilities, and support infrastructure • Effective, responsive, and accurate command, control, communication, computers and intelligence (C4I) systems that truly support our enforcement requirements and improve the way we do business • Thoughtful and thorough planning, and effective operational execution 1-2 Introduction
  • 7. ENDGAME D e t e n t i o n a n d R e mo v a l S t r a t e g i c P l a n 2 0 0 3 – 2 0 1 2 Figure 1. Relationship between DRO, ICE and DHS Strategic Goals and Objectives DHS to ICE to DRO Goal Relationships DHS Strategic Objective: DHS Strategic Objective : Prevent terrorist attacks Ensure functions not directly related to within the United States. homeland security are not diminished or neglected. ICE Strategic Goal (DRAFT): ICE Strategic Goal (DRAFT): Deterring, interdicting, & removing Protect America from customs & threats; & policing & securing immigration violations not directly federal facilities. linked to terrorism. DRO Goal 1 DRO Goal 2 DRO Goal 3 DRO Goal 4 DRO Goal 5 Removals Custody Mgmt Non-Detained Info Tech Human Capital Docket Mgmt When implemented to its fullest, this plan will a professional, effective and efficient manner serve as the platform from which strategies while addressing the rights, needs and will be initiated, partnerships will be built, and interests of all its various stakeholders. innovation for continued process DRO’s primary stakeholders have been improvement will be fostered. This vision will identified and grouped, as depicted on the be realized, and the mission will be following page: accomplished, only through the collective and collaborative efforts of all DRO employees. DRO employees (including officers, management, and staff) must encourage growth and improvement through the sharing of ideas and the integration of DRO core business functions with key processes, all critical elements of the immigration enforcement program. Stakeholders In response to national policy, DRO provides the necessary public service of removing unauthorized aliens from the United States. DRO is committed to providing this service in Introduction 1-3
  • 8. Bureau of Immigration and Customs Enforcement Office of Detention and Removal Figure 2. DRO Stakeholders1 Stakeholders Internal DHS Enforcement Internal International Affairs (Asylum/Refugee) DRO Employees INS Enforcement (BOR, INSP, INV, LESC) (ICE, CIS, CBP, LESC) Office of General Counsel Immigration Services D&R Employees Office of Community Relations External American Private Sector: *Foreign government The American People *The Alien Consulates/Embassies CBOs/NGOs/ABA Family members Lawyers American Government: Union Community leaders Contract services; vendors— * LEAs food, services, IGSA providers •Local/State PD’s Other government agencies CDFs •BOP •US Marshal Service Senators/Congressmen AILA (USMS) Public Health Services Business owners/employers •FBI/CIA •JPATS Executive Office of Media Immigration Review Airlines & Other Transportation HHS – Juvenile Affairs DRO’s primary internal customers are the efforts that we will create consequences for other enforcement arms within the and deterrence to illegal immigration. Department’s Directorate of Border and DRO’s service and enforcement partners Transportation Security that includes work diligently to identify, locate, apprehend, investigators and intelligence analysts within process, and remove aliens who violate this ICE and inspectors and border patrol agents nation’s immigration laws. While inspectors within the Bureau of Customs and Border and border patrol agents can remove aliens Enforcement (CBP). Other DHS customers directly at ports of entry via expedited include the Law removal, voluntary It is only through our combined efforts Enforcement Support that we will create the consequences for return or other Center (LESC), the and deterrence of illegal immigration. methods, that is not a Office of International core function of their Affairs, and the Bureau mission. “Removing all of Customs and Immigration Services (CIS). removable aliens” is, in fact, DRO’s mission. Through cooperative and concerted efforts, All of the activity needed to carry out that all aspects of the immigration enforcement mission is the service we provide our process will be completed thoroughly and partners. Illegal aliens, unaccompanied expeditiously. It is only through our combined juveniles, asylum seekers, refugees, and 1 Refer to pages G-6 and G-7 for a complete listing of the acronyms used in Figure 2 and throughout this report. 1-4 Introduction
  • 9. ENDGAME D e t e n t i o n a n d R e mo v a l S t r a t e g i c P l a n 2 0 0 3 – 2 0 1 2 countless other apprehended aliens cannot facilitate a smooth and trouble-free transfer all be immediately removed from the country, from the United States to the alien’s home of nor can they all be released into the record. American community. For that reason, DRO resources and expertise are required to While the alien will not necessarily perceive transport these aliens from point to point, to any “benefit” from DRO services, he will be manage them in custody while their cases are provided with safe and secure confinement in being processed and, finally, to remove them detention facilities, as well as transportation from the country when ordered to do so. The from ports and points along the border to effects of other programs’ enforcement efforts other detention facilities or his country of are diminished and their operations are origin. These services will be provided in a constrained if DRO cannot execute its mission professional manner; the alien will be efficiently and effectively. Therefore, DRO detained in safe, secure and humane must immerse itself within the immigration environments; he will be transported safely; enforcement element of DHS and establish a and his movement will be fully coordinated significant and collaborative presence with its with his family, legal representative, and service and enforcement partners and country of origin, whenever appropriate. For stakeholders. these reasons, the alien is as important a stakeholder as any of the others mentioned. The effects of other programs’ enforcement efforts are diminished and This strategic plan and the vision statement their operations are constrained if DRO have been developed in consideration of the cannot execute its mission efficiently and concerns of each of our stakeholders. It is effectively. difficult to prioritize DRO efforts to satisfy one stakeholder’s needs over that of another; yet the need to satisfy the American DRO must maintain cooperative relationships constituency, protect their freedoms and with each one of its stakeholders to ensure secure their safety remains the overarching that enforcement operations are conducted and desired outcome. as efficiently and professionally as possible and that all stakeholders’ legitimate interests Plan Development are addressed. DRO and the private sector rely on each other for the services each On August 3, 1993 the President signed into demands and has to offer. While the private law the Government Performance and sector relies on DRO to provide national and Results Act (GPRA). Simply stated, the law international transportation, or to house and implements a strategic planning and feed detainees, DRO relies on those same performance-measuring process to hold services to execute its mission when they are government agencies accountable to the not available through normal government American people for the money they spend. channels. DRO must also maintain similar To that end, the law requires government cooperative relationships with foreign agencies to develop governments in order strategic plans with to realize and effect Endgame supports national, DHS, and measurable program removal. Strong ICE-wide policy and initiatives, while goals, and to report partnerships and satisfying the inherent needs of both annually to Congress cooperative its internal and external stakeholders. and the American public coordination between on their progress. The DRO, the DHS Office Office of Detention and of International Removal now releases Affairs, the Department of State (DOS), its supporting strategic plan, Endgame, foreign governments, and the alien will covering the time frame 2003-2012. The plan Introduction 1-5
  • 10. Bureau of Immigration and Customs Enforcement Office of Detention and Removal supports national, DHS, and ICE-wide policy chapters, this plan lays out a set of strategic and initiatives, while satisfying the inherent initiatives DRO will undertake to accomplish needs of both its internal and external its mission, achieve its goals, overcome its stakeholders. challenges and satisfy its stakeholders. The plan does not, however, focus on the The DRO strategic plan and planning process implementation of specific processes in is the culmination of a nine-month conducting DRO business. Detailed collaborative effort of the Strategic Plan processes and operations will be addressed Working Group (SPWG). The SPWG, in a supporting five-year business plan from consisting of 23 individuals from HQDRO, the which the budget, the annual performance field, and other HQ staff elements, was plan and the annual implementation plan will chartered in September 2001. The group’s be built. These appendices support this immediate task was to develop performance strategic plan and will be updated on a measures to be incorporated into the existing recurring basis. suite of performance indicators for inclusion in the fiscal year 2003 Annual Performance In its four chapters, this plan lays out a Plan. Upon completion of that immediate set of strategic initiatives DRO will assignment, the group began a systematic, undertake to accomplish its mission, academic approach to developing a strategic achieve its goals, overcome its plan that would serve as the cornerstone for challenges, and satisfy its stakeholders. development of the fiscal year 2004 (and future) budgets. The group developed the mission statement and five goal areas in Execution which to focus its operational efforts. Through an analysis of strengths, This Strategic Plan is effective upon release, weaknesses, opportunities, and threats and will be maintained by the SPWG (SWOT), the SPWG identified a set of throughout the year. Review of the plan and strategic challenges, key success factors, its critical elements will be conducted in and executable objectives and strategies to conjunction with budget calls, mid-year address and/or overcome its challenges. The reviews, and the development of Annual SPWG resolved that all of its key processes Performance Plans and Implementation (its routine and day-to-day activities) could be Plans. grouped into two core business functions: 1) removals; and 2) custody management. In order to justify the need and significance of each strategy and objective, the group developed a suite of indicators to measure performance in each goal area throughout the year. Upon release of the plan, the group will transition to a maintenance mode and will meet quarterly to review the progress of this plan and update it accordingly. Plan Structure Endgame will shape the future of the DRO organization and will guide the program through the current sea of change. The strategic plan is rooted in the overarching vision, mission, and goals that will serve as constants for the next ten years. In its four 1-6 Introduction
  • 11. ENDGAME D e t e n t i o n a n d R e mo v a l S t r a t e g i c P l a n 2 0 0 3 – 2 0 1 2 Chapter 2. Situational September 11 attacks (such as the Border Security Act and the USA PATRIOT Act) Assessment further expanded DRO’s operational area of responsibility. These Acts, in particular, have Overview reprioritized national immigration enforcement efforts and this program’s responsibilities and The Detention and Deportation Program, now operations. By implementing this strategic the Office of Detention and Removal (DRO), plan and providing a guide to conduct was established in a 1955 reorganization of operations, this program is making strides in the INS to carry out a mission first articulated altering its operations and resource in the Alien and Sedition Acts of 1798. The requirements to support both current and Alien and Sedition Acts included the earliest future immigration related policy, events and deportation legislation, which empowered the activity. President to order the departure from the United States of all aliens deemed Situation dangerous. Legislation since then has expanded the detention and removal Reorganizations and Demands for Service operations and redefined the classes of aliens to be deported or excluded. The basic A) Reorganizations: DRO was integrated mission, however, remains the same: into the Department of Homeland Remove all removable aliens. Security’s Bureau of Immigration and Customs Enforcement on March 31, The Immigration and Nationality Act (INA) of 2003. Notwithstanding the impact this 1952 expanded the federal expulsion power transition will have on DRO, the to include a wider category of aliens. The INA program’s mission and core functions listed 19 general classes of deportable aliens (custody management and removal) will and provided for exclusion (at the time of remain the same. The most significant application for admission) to the United changes will be seen in the organizational States on health, criminal, moral, economic, structure, chains of command, and subversive, and other grounds. The Illegal hierarchy. This plan is focused on the Immigration Reform and Immigrant program’s core business functions and Responsibility Act (IIRIRA) of 1996 expanded key processes and will, therefore, not be the number of crimes that made people significantly impacted by the final subject to removal. It also eliminated DRO’s reorganization decisions. discretion to release certain aliens by requiring that virtually any non-citizen subject B) Demands for Service: An effective to removal on the basis of a criminal enforcement program requires that a conviction, as well as certain categories of significant risk of apprehension be non-criminal aliens, be detained without combined with a high likelihood that bond. As a result of these acts and other apprehension will result in removal. With legislation, DRO is required to detain and high enough risk of apprehension and remove a much larger and more diverse sufficient likelihood of removal, the population. The current population requires incidence of illegal activities will decline, unique facilities, procedures and improving law enforcement effectiveness. management depending on risk, criminal The national strategy for law enforcement category, nationality, health and other special must address the priority of removals. needs. The “endgame” of immigration law Similarly, operations, policy and legislation enforcement is the removal of individuals who that were developed in response to the have received final orders of removal. This is Situational Assessment 2-1
  • 12. Bureau of Immigration and Customs Enforcement Office of Detention and Removal the essence of DRO’s mission. removal for all removable aliens is critical to Improvements in the operational allow the ICE to provide the level of effectiveness of apprehensions will create an immigration enforcement necessary to keep increased requirement for processing and America secure. Without this final step in the removing offenders. Therefore, to process, apprehensions made by other DHS successfully complete the enforcement programs cannot truly contribute to national process, the removals program must be as security. vigorous as other enforcement programs. DRO needs appropriate resources to ensure Strengths, Weaknesses, that removal does, in fact, result surely from Opportunities, Threats (SWOT) apprehension. Otherwise, the workload resulting from enhancements to and Endgame was developed with both the increased efficiencies within other DHS positive and negative aspects of the program programs will be made in vain without an in mind. DRO will exploit its strengths and equally enhanced detention and removals minimize its weaknesses in order to capitalize program. on available opportunities and overcome the challenges it faces in pursuit of its mission. As part of the DHS immigration and law enforcement mission, the DRO program has Strengths the primary responsibility of providing adequate and appropriate custody DRO’s success will be attributed to the management (including bed space), strength of its leadership, current and supporting removals, facilitating the planned initiatives, the experience and processing of illegal aliens through the dedication of its workforce and an immigration court, and enforcing their unquestionable commitment from the entire departure from the United States. Key program to execute this plan and the critical elements in exercising those responsibilities planning process within which it is a part. include: identifying and removing all high-risk The current workforce has the experience, illegal alien absconders; ensuring that those dedication and corporate knowledge needed aliens who have already been identified as to build the foundation from which this plan criminals are expeditiously removed; and will be launched and from which the program developing and maintaining a robust capacity will be both built and enhanced. removals program with the capacity to DRO’s workforce is supported by time-proven remove all final order cases issued annually, processes to remove illegal aliens from the thus precluding growth in the illegal alien country and the maintenance of detention absconder populations. Simply stated, facilities against standards more stringent DRO’s ultimate goal is to develop the than the national norm. capacity to remove all removable aliens. Integral to making America more secure, 1. Leadership: DRO leadership believes DHS detention and removal operations that “failing to plan is planning to fail” and provide the final step in the immigration therefore supports this strategic plan and enforcement process. To accomplish this a planning process that fully integrates mission, DRO will be vigorous in its efforts to operations and performance with provide services commensurate to the resource needs. DRO leadership is demand from and efforts expended by other committed to executing this plan and its enforcement programs and agencies. DRO strategies to accomplish the mission and will increase its overall number of removals attain the vision by empowering the DRO annually in order to thwart and deter workforce to think globally, work smarter continued growth in the illegal alien and take responsibility for executing a population. Moving toward a 100% rate of 2-2 Situational Assessment
  • 13. ENDGAME D e t e n t i o n a n d R e mo v a l S t r a t e g i c P l a n 2 0 0 3 – 2 0 1 2 critical function of the entire immigration a) Health Care: DRO is expanding its enforcement process. health care delivery system to fit current and future needs in the most 2. Workforce: The DRO core business cost-effective way. This includes functions (custody management and increasing the services currently removal) demand that the DRO officer provided by the Public Health Service corps maintain broad and expert (PHS). It also includes an overall knowledge of all applicable upgrade of the Immigration Health immigration laws, policy and procedures; Information System (IHIS), involving they do so. The DRO officer corps has the creation of an electronic the education and experience to manage surveillance system for communicable IICE’s unique population while diseases that will help to control costs simultaneously carrying out proper and significantly increase enforcement action. Because of their administrative efficiency. This diverse workload and broad initiative will allow PHS to maintain immigration knowledge, DRO officers are appropriate staff levels needed to often called on to serve on review panels provide requisite detainee health care. that recommend parole, release or other It will especially enhance the relief for aliens in accordance with the movement of detainees to the most law. They are also authorized and optimal site based on their health mandated to discuss and act on conditions and will clear them for immigration issues with aliens being removal more quickly. processed for administrative immigration violations. b) Chaplaincy: DRO has requested positions be created to place 3. Unique Population and Detention chaplains in each of its Service Standards: The detained alien population Processing Centers (SPCs) to ensure is unique and extremely diverse. that detainees of different faiths are Detained aliens are in administrative provided reasonable and equitable custody (versus punitive or correctional) opportunities to pursue their and are therefore afforded rights and respective religious practices. This privileges not gained by prisoners initiative will satisfy detention incarcerated in other federal institutions. standards that allow for the practice of For this reason, DRO conducts routine various religions, unique food inspections of its facilities and operations provisions, and spiritual needs during to ensure that they are in compliance with terminal illness and death. The approved standards, that aliens are chaplain will also be responsible for treated humanely, and that they are safe advising the Officer in Charge in and secure. DRO manages its own matters of religious holiday Detention Management Control Plan observance, religious diets, religious (DMCP) to ensure its facilities comply personal property, dress and with American Correctional Association contraband. detention standards and their own more stringent and comprehensive ICE 4. September 11 Awareness: The Detention Standards. Through execution unprecedented terrorist attacks on of thorough and routine inspections September 11, 2001 heightened outlined in the DMCP, DRO ensures its awareness among the public and facilities are operated in a professional governments worldwide of the critical manner and are compliant with importance of enforcing immigration laws appropriate codes, standards, and and sharing information and intelligence. regulations. Since then, the U.S. has reviewed its own Situational Assessment 2-3
  • 14. Bureau of Immigration and Customs Enforcement Office of Detention and Removal business practices regarding immigration progress on diminishing and eliminating and homeland defense and, in doing so, the existing backlog. Detention and has identified critical gaps that are now Removal resources have not kept pace being addressed and resolved. This with the increased number of worldwide focus on immigration provides apprehensions generated by explosive the opportunity to develop and enhance growth in Border Patrol and Inspections relationships and cooperation with foreign since 1996. Since that time, these governments and, most importantly, apprehension resources have increased among U.S. law enforcement, border by 64 percent while DRO forces have control and defense agencies. Finally, it increased by only 37 percent. While DRO has afforded the DRO and the DHS an does not have empirical models to show opportunity to educate the public on the the optimal ratio of DRO forces to critical mission and role they play in the apprehension assets, it is clear that this immigration enforcement process. asymmetrical growth has put severe strains on the program. Its ability to Weaknesses follow up on apprehensions, to effectively manage the processing of cases through 1. Lack of Empirical Models: The DRO the immigration courts, and to remove mission cannot be accomplished without those ordered removed has been appropriate human resources, yet the hindered. program does not have reliable models to determine what the true workload-to- 3. Standardization: The current field personnel ratio should be. Although a structure, coupled with a lack of unified new financial management system, the national operations plans, has resulted in Federal Financial Management System diversified and inconsistent interpretation (FFMS), is being fielded that will enhance of policy and guidance within and the management of current fiscal between regions and districts. resources, DRO does not have the Additionally, the current performance capability to conduct detailed financial measurement system creates an analysis and resource identification atmosphere of territoriality rather than a utilizing the current system. Also lacking unified, cooperative, effective, and is a documented business model and efficient operation. DRO acknowledges accurate cost data to support future that nationwide operations cannot be budgetary planning, resource allocation, conducted consistently without unified cost optimization, and GPRA operations plans and clear guidance to requirements. the field. Developing a national fugitive operations policy, a national custody 2. Human Resource Shortfall: The program management plan and a national experienced relatively gradual growth in transportation system are the program’s key areas from 1998 to 2001 (end of year greatest challenges and will prove to be 2002 numbers were not available while among its greatest recent drafting this plan). The DRO staff grew accomplishments when complete. by only three percent, which was slightly Development and deployment of these slower than the four percent growth in the national plans, as envisioned, will have docket or caseload. While the program is significant positive impact on DRO making progress, increasing removals by operations across the board. These 11 percent, staff growth is only barely national plans will not solve all program keeping pace with the growing docket. deficiencies but will significantly reduce Staff growth must exceed docket growth if and minimize the gaps. Standard staffing the program is going to begin making guidelines and staffing levels are also absent from the DRO personnel 2-4 Situational Assessment
  • 15. ENDGAME D e t e n t i o n a n d R e mo v a l S t r a t e g i c P l a n 2 0 0 3 – 2 0 1 2 management system. Staff make-ups programs are the Student Exchange and vary widely among and between like Visitor Program (SEVP) and the United offices throughout the country. Arguably, States Visitor and Immigrant Status offices should reflect the particular needs Indicator Technology (US-VISIT). of their locale, but the discrepancy in staffing levels and ratios, officer grade, 7. Workforce Development: The DHS and employee roles and responsibilities operates and maintains an intensive creates anomalies in mission course of instruction for new officers and accomplishment and unfair advantages recruits. The academies provide 11-, 16-, and disadvantages to those competing for and 21-week courses designed to provide like jobs. officers with the core competencies needed to begin their work at their duty 4. National Fleet System: Lacking a National location. The officers do, however, Transportation Strategy and efficient require a period of on-the-job training coordination, DRO spends millions of before they are fully effective in their dollars annually for air and ground assigned duties. Unfortunately, DRO transportation in order to manage the does not have an advanced or detention population and effect timely professional development program of removals. Likewise, as staffing levels in equal caliber. Officers do not have a other programs have increased, the DRO “career advancement” template to follow program has experienced an increased and, due to the operational tempo and workload without the necessary increase shortfall in human resources, officers are in vehicles. Consequently, the lack of often not relieved from duty to attend adequate types and numbers of vehicles professional development training. This, and a central movement control center along with several other factors, has had handicaps DRO in carrying out its mission a detrimental affect on retention rates as effectively and efficiently as it could. within the DRO officer corps. The low retention rate is further exacerbated, as 5. Alternatives to Detention: The DRO the hiring and training process is detained population has grown in both extremely slow and cumbersome; officers numbers and diversity in recent years, yet are not trained and put in place before detention methods needed to satisfy existing staff is burnt out and eventually unique demands have not kept pace. For leaves the program. example, family groups are often held in hotels because there are not adequate 8. Institutional Removal Program (IRP): The facilities available to house both adults IRP, as currently executed, is inefficient and juveniles together. and less effective than it should be because the responsibility for operational 6. DHS Enforcement Initiatives: The DHS is execution lies with the Investigations currently implementing and making plans program (identifying and processing to implement several enforcement incarcerated aliens) and the responsibility initiatives and programs that, when fully for results lies with the Detention and operational, will generate increased Removal program (removing criminal demands on DRO. Unfortunately, these aliens). Even at authorized staffing increased demands do not come with levels, the Government Accounting Office increased DRO resources. DRO cannot (GAO) and the Office of the Inspector fully support these programs, and they General have clearly cited a workforce will not be as effective as intended, shortfall to handle the significant without a commensurate increase in workload. As the War on Terror personnel and infrastructure. These continues to be waged, the Special Agents who have been supporting the Situational Assessment 2-5
  • 16. Bureau of Immigration and Customs Enforcement Office of Detention and Removal IRP are being pulled from the program to population of over 65% criminal, some work other high profile cases related to requiring a maximum-security setting. As “homeland security”. These positions and an agency, we have had a relatively short the IRP work left unaccomplished by period of time and little funding to keep up these special agents are not being with the growth and the special needs of backfilled, increasing the risk of releasing this disparate population. criminal aliens into the community. 11. September 11 Unfunded Mandates: 9. Inadequate Information Technology to Since September 11, 2001, policy and Support DRO Operations: The activity has subjected DRO to a series of Deportable Alien Control System (DACS) unfunded mandates, taking resources no longer responds to the demands away from the accomplishment of other placed on it in today’s operational critical operations. Throughout the past environment. Outdated hardware and year, the Administration, the Department software, coupled with questionable data of Justice and Congress have initiated quality, render the system difficult and several programs in response to gaps inefficient to use. The integrity of the revealed by September 11 findings. system has been maintained by years of These have forced the program into a software patchwork, additions and reactive role, thereby redirecting our enhancements. proactive initiatives and planning. Programs such as the Alien Absconder 10. Aging and Inadequate Infrastructure for Initiative and the Custody Review Unit, Detention Operations: Historically, while extremely beneficial in securing funding for repair, construction, and America’s borders, have not been alteration has not been adequate to resourced to the extent that optimum support our Service Processing Centers benefit can be realized. (SPCs). Funding for construction projects has routinely been reduced and/or 12. Lack of Immigration Enforcement Mission eliminated over the last several years. Area Plan: As the title of this plan This has made it extremely difficult to implies DRO provides the final step in support our detention operation and to the immigration enforcement process. keep up with the technological / design / The Department does not yet have, in procedural advancements the "prison" place, a tool, method or process to industry affords. While most of our ensure that strategies, budgets and facilities have portions of new operations planned for and executed construction, our facilities generally need significant physical improvements. This is by other enforcement programs not to say that any of our facilities are in consider the impact to DRO and the "poor condition." Our staff goes to great ensuing operational implications and lengths to ensure the health, safety and resource requirements. welfare of the staff, detainees, and general public. Facilities like Florence, El 13. Non-detained docket: The Detention and Centro, El Paso, and Port Isabel, when Removal program does not have a originally constructed years ago, were program to effectively manage its non- designed to hold relatively small non- detained docket. The appearance rate of criminal populations for short periods of individuals released from ICE custody is time. Over the last 5 years, our estimated to be 15 percent and the population has increased by 136%, and program does not have the resources to the classification of our population has identify, locate, apprehend and process gone from primarily non-criminal to a the remaining 85%. 2-6 Situational Assessment
  • 17. ENDGAME D e t e n t i o n a n d R e mo v a l S t r a t e g i c P l a n 2 0 0 3 – 2 0 1 2 Opportunities aliens continue to find ways to enter the country illegally. The detention and DRO is currently working on several short- removal mission is manpower intensive and long-term initiatives that are proving to be and very few functions can be automated. excellent opportunities to continue its Therefore, the success of the mission progress in implementing this plan and relies heavily on available human achieving its vision and mission. The proper resources and their capabilities. DRO will use of information technology is critical to work diligently to close the gap between program success and DRO is working with its workforce and the demands for the Office of Information Resource services. To ensure that the existing Management (OIRM) to replace the workforce is productive, efficient and Deportable Alien Control System with the effective, DRO will implement strategies Removal Module (EREM) of the Enforcement to improve training programs, create Case Tracking System (ENFORCE). The professional development programs, and EREM will draw from many more databases build the infrastructure (information and sources than DACS. It is expected that technology, transportation, facilities) EREM will facilitate the automation and essential to facilitate the detention and subsequent improvement of many DRO removal process. efforts and procedures. Other initiatives include the implementation of the National 2. Institutional Removal Program (IRP): The Fugitive Operations Plan, the reorganization IRP, as currently executed, is inefficient of District DRO operations who control and less effective than it should be Service Processing Centers (SPCs), because the responsibility for operational unilateral management of the Institutional execution lies with the Investigations Removal Program (IRP), revision of the Field program (identifying and processing Officer’s Manual, an initiative to reengineer incarcerated aliens) and the responsibility the bond management program, development for results lies with the Detention and of a central ticketing program to coordinate all Removal program (remove criminal escort missions, and implementation of aliens). To reduce the inefficiencies in various electronic monitoring programs. All of the program, in September 2000 the these initiatives are layers deep and include Office of Field Operations mandated the the creation of training and professional transition of the IRP from Investigations to development programs, increased staffing Detention and Removal. Consolidation of levels and greater stakeholder cooperation the IRP will allow senior management to and involvement. focus on and resolve the program deficiencies identified in the 1997 and In addition to these initiatives, other strategies 1998 GAO reports. These efficiencies will within this plan, current events, political will, permit more aliens to be processed while and public interest provide the program with incarcerated, thereby reducing the an array of opportunities from which it cannot potential demand for detention space. turn away. DRO will exploit every opportunity Overall, improved effectiveness of the presented in order to build the capacity to IRP will increase the public safety, reduce remove all removable aliens. the potential for future crimes, and enhance the welfare of our society. DRO is working with the Investigations 1. Human Resource Shortfall: The workload Program to either identify resources to be per case officer is daunting and the pool transferred with the IRP or to acquire of removable aliens continues to grow as additional resources to merge and other immigration enforcement divisions execute the program. become more effective, apprehending greater numbers of individuals, and as Situational Assessment 2-7
  • 18. Bureau of Immigration and Customs Enforcement Office of Detention and Removal 3. DEO/IEA Reclassification: Creation of indicated that there is a backlog of cases the Immigration Enforcement Agent (IEA), with unexecuted orders of removal. The with a journeyman-level at GS-9, will NFOP will target this backlog by make this entry-level position a true facilitating the apprehension and foundation for an officer’s career subsequent removal of those fugitives. development. This new career position The goal over the next ten years will be to will strengthen the overall professionalism eliminate this backlog and to ensure that of the DRO workforce and will afford our efforts in terms of apprehension and those who are interested with the removal of fugitive cases equals the opportunity to apply for any of the senior number of new cases falling into this officer positions, thereby continuing their category. While woefully inadequate to career growth within the Division and achieve the goal, the creation of 40 Department. Establishment of this positions dedicated to the NFOP is a position will create a corps of nearly 2,400 promising start. IEAs with arrest authority and authority to issue detainers. This increased 5. Removal Module (EREM) of the workforce will create a pool of officers that ENFORCE: ENFORCE Removal Module can effectively execute the IRP. If this (EREM) is a module of the Enforcement corps of officers works the IRP 25% of Case Tracking System (ENFORCE) that their time (as is expected to meet the will support detention and removal requirements of the new classification and operations. As such, it is integrated with grade), we will have, in effect, almost 600 applications that support other full time equivalent positions (FTE) enforcement operations, e.g. dedicated to the IRP, which is nearly apprehensions, investigations and double the current IEA FTE. By doubling intelligence. ENFORCE will support all the effective IRP workforce, we can enforcement processes and make expect a significant increase in criminal enforcement data available at all levels of removals as more incarcerated DHS nationwide. ENFORCE will capture removable aliens are processed and data on individuals, entities, and deported. This increased effectiveness investigative cases, and support case will also reduce the number of persons processing from apprehension through placed in ICE detention, thus reducing final completion. ENFORCE will be used avoidable detention costs. to support field personnel by producing required forms and reports. Finally, 4. National Fugitive Operations Program ENFORCE will provide intelligence and (NFOP)/Absconder Apprehension management information to support Initiative (AAI): In response to the decision makers. EREM goals are to: terrorist attacks of September 11, 2001, Congress passed legislation providing • Ensure timely, accurate and funding and positions for the role of law complete information; enforcement agencies in the war against • Obviate redundant data entry across terrorism. As part of that legislation, DRO multiple systems; was authorized an enhancement of 40 • Capture information as a part of the positions solely for the purpose of operational workflow; apprehending fugitive aliens. Seven • Produce forms and statistics, and districts were assigned these positions to pass information to partners, create a Fugitive Operations Section for customers and stakeholders as a by- the purpose of implementing the NFOP. product of information capture; The Absconder Apprehension Initiative announced in the Deputy Attorney General’s directive of January 25, 2002, 2-8 Situational Assessment
  • 19. ENDGAME D e t e n t i o n a n d R e mo v a l S t r a t e g i c P l a n 2 0 0 3 – 2 0 1 2 • Make structured decisions on the Enhancements to the DRO removals basis of information on hand and program will directly benefit DHS business rules; and enforcement initiatives (such as the • Provide support for optimal decision- Student Exchange and Visitor Program making. (SEVP), the United States Visitor and Immigrant Status Indicator Technology 6. DRO Reorganization: In May 2003, the (US-VISIT)) by completing the final step Assistant Secretary for ICE announced an in the enforcement process. Only by interim organization structure for the apprehending and removing those bureau. Within this structure DRO field individuals who choose to disregard elements would be geographically immigration law, can the overall program realigned to with that of the investigations be successful. program and re-subordinated to report directly to HQ DRO, Field Operations. 8. National Fleet System: A comprehensive This reorganization will: National Transportation Plan is necessary in order to maximize the use of DRO’s • Create a direct line of authority limited air and ground resources while over all DRO elements; ensuring efficiency. A contract study will • Develop and practice consistent consider all transportation means, current operations nationwide; routes, and location of existing facilities • Develop and apply uniform and potential sites to maximize a forward- detention standards; thinking transportation plan. Meanwhile, • Optimize nationwide utilization of an ongoing replacement and bed space and transportation enhancement of the DRO vehicle fleet resources; and program that provides for adequate types • Mirror and fully support the ICE and numbers of vehicles is instrumental in enforcement field structure. carrying out the ICE and DRO missions. Based on the needs of DRO, an adequate The Director, DRO with direct control over annual fleet budget should be dedicated field operations and the program’s to ensure that staff has adequate detention facilities will be in the best numbers and appropriate types of position to influence real changes and the vehicles. regulation needed to address and resolve historical issues regarding the treatment 9. Soft Detention: Conducting an initiative to of population, facility and infrastructure provide “softer” (staff secure) detention conditions, personnel training, and much- settings for special populations, such as needed standardization of policy and asylum seekers and family groups, will procedures. allow ICE to fulfill the goal of providing appropriate detention conditions. 7. Increased Removals: Moving toward a 100% rate of removal for all removable 10. Alternative Methods to Detention: With aliens allows ICE to provide the level of limited bed space, there is a need to find immigration enforcement necessary to alternative detention methods for those keep America secure. Without this final aliens who do not pose a threat to society step in the process, apprehensions made and who are not a serious flight risk. by other DHS programs (such as the There is also a need to ensure that aliens Border Patrol, Inspections, and released from secure custody comply with Investigations) will not provide the their conditions of release and appear in deterrent or the enforcement tool court when required. In recent years, necessary to secure America’s borders. DRO has developed and implemented Situational Assessment 2-9
  • 20. Bureau of Immigration and Customs Enforcement Office of Detention and Removal several successful non-traditional lawmakers, immigration organizations detention methods to accomplish these and the public understand the objectives. Current alternatives to uniqueness of administrative (DRO) detention include housing aliens, detention vs. the punitive detention appropriately, in halfway houses and administered by the BOP and other family shelters. In Berks County, PA, custodial agencies. DRO will continue DRO has a detention facility designed to to execute its Detention Management detain family groups and provide for their Control Plan and market its success in unique needs. DRO will continue its that area with respect to maintaining research into available technology and safe, secure, and humane detention methods in order to create and provide facilities. safe, secure and humane alternatives to detention. Electronic monitoring will also 12. Foreign Governments: Another critical allow for the management of released external factor that influences DRO individuals, thus making bed space operations is foreign government policy available for those aliens posing greater on repatriation and issuance of travel risks of flight or threats to public safety. documents. Travel document and With these types of options available, repatriation policies vary from country to DRO can comply with the law while country and within the same country, having the flexibility to manage special depending on the government and cases in an appropriate manner. Through political environment. Countries may these and other non-traditional detention refuse return or repatriation based on methods, DRO has set a target to factors such as criminal background, increase the rate of appearance by ten bloodline, place of birth and, at times, as points each year until it reaches 100 a political statement to the United States. percent appearance. These policies have created a population of “long-term” detainees that raises 11. Partnerships: detention costs, reduces throughput, and limits bed availability. Through increased a) Executive Office of Immigration cooperation with the Department of State, Review (EOIR): DRO will work to the DHS Office of International Affairs, create greater cooperation and and foreign governments, DRO will work partnership with the EOIR to improve to remove these barriers and to establish the effectiveness of the removal and develop protocols and procedures process. Through combined efforts to that will facilitate the proper and timely share information in an electronic and removal of unauthorized aliens. real-time environment, we can create a seamless process expediting the Threats transfer of an alien from the courts to DRO for immediate removal, if that Among the many fiscal and political alien has been issued a final order of challenges DRO faces daily, the SPWG removal. identified a set of challenges that must be overcome to accomplish its mission. These b) Non-government organizations are challenges that will only be resolved (NGO)/Community Based through the implementation and execution of Organizations (CBO): DRO will a series of vigorous and directed strategies. expand on its community outreach These challenges will not be resolved in the programs and work with NGOs and near term; they are issues that have plagued CBOs to educate the public on the the detention and removal program for many purpose and mission of DRO years and will take several years of detention. It is important that 2-10 Situational Assessment
  • 21. ENDGAME D e t e n t i o n a n d R e mo v a l S t r a t e g i c P l a n 2 0 0 3 – 2 0 1 2 partnering, cooperation and political support unaccompanied juveniles of either to overcome. These strategic challenges are: gender, or families. Even the detention by DRO of those with criminal convictions 1. Growth in Disparity in Detention (“criminal aliens”) is strictly administrative Workload: Growth in both numbers and in nature, not punitive. This necessitates diversity in the detention population has different environments, standards, and created demands for varied and population management within DRO appropriate facilities. In the early 1990s, facilities than that of other federal, state, the majority of ICE detainees were county, or local correctional facilities. housed in ICE Service Processing DRO detainees have unknown lengths of Centers (SPCs), private contract facilities, stay in custody because they are or Bureau of Prisons (BOP) institutions. dependant on the speed of immigration Today, the majority of detainees are court hearings, appeal review or removal housed in county and local institutions processing. through inter-governmental service agreements (IGSAs). Because DRO • DRO must house adults, juveniles, does not own these facilities, they have and families. The separate detention less control over mixing criminal vs. non- requirements for juveniles and criminal populations and ensuring families can be costly. Juvenile compliance with other jail standards that detention, in particular, requires “sight affect detention. Further exacerbating the and sound” separation from adults, as problem has been unprecedented slow well as education, recreation, and growth in the detention officer corps over counseling. the last 10 years, which is relatively • The co-mingling of criminal and non- disparate to the growth of the detention criminal detainees is a real concern. population. For example, the rate of The majority of detainees have detainees per officer grew from 6.7 to 9.0 criminal histories and separating them from 1995 to 1999. This shortfall of DRO from non-criminals is important. The officers slows case management and DRO classification system was set up removals processes, increases bed days to identify and place individuals and further heightens the probability of accordingly. multiple types of significant incidents that • Cultural and political rivalries can lead could place detainees, employees and to violence between nationalities. the public in danger. Separating detainees by nationality is often required to keep problems from 2. Unique Population: DRO detainees are arising. all held for administrative, not criminal • DRO has a large number of detainees law, violations. They are awaiting the with extended lengths of stay. They adjudication of their immigration status can be disruptive and are a special cases, and are not being held subject to a security concern in DRO detention criminal conviction. This detained because they have no finite detention population is inherently unique, requiring period. specialized knowledge and processes to safely and humanely hold in appropriate facilities and meet all operational 3. High Detention Throughput and Turnover: demands. The DRO detained population DRO detention facilities have a much includes illegal economic migrants, aliens higher throughput than other DOJ who have committed criminal acts, detention providers. Because aliens are asylum-seekers (required to be detained being held to facilitate their case by law) or potential terrorists. These processing and potential removal, the persons can be male, female, lengths of stay in DRO detention vary Situational Assessment 2-11
  • 22. Bureau of Immigration and Customs Enforcement Office of Detention and Removal widely. They are driven by a number of are relatively short-term in nature, they variables including the court’s efficiency in can have a drastic and enduring impact case review and adjudication, the alien’s on available detention space. ability to obtain travel documents and so forth. This creates a fast-paced detention 6. Alien Population: As of the year 2000, the environment with high throughput. The Immigration and Naturalization Service, in special nature of the DRO detained conjunction with the Census Bureau, population requires unique detention estimated the size of the nation’s illegal procedures and the manpower to resident population at between eight and process, house, and transport aliens eleven million residents (in the country for almost continually. DRO’S detention at least a year). The INS estimated that management standards go well beyond the illegal immigrant population was rising the normal "health and humane a net amount of 275,000 per year while treatment" issues addressed in BOP and the Census Bureau estimated the USMS facilities using the core DOJ increase to be 225,000 per year. The INS standards. In order to achieve our goals, estimated in 1998 that about two-fifths of DRO follows access standards (access to the resident illegal alien population lawyers, phones, consulates, rights entered legally and then lost their legal presentations, law libraries) that are all status by overstaying their authorized visit geared to facilitate a rapid and fair and/or by illegally taking jobs. Ultimately, processing of aliens' cases. this constant unaccounted flow into the country adds to the pool of removable 4. Facilities: The demand for DRO detention aliens. has grown much faster than available federal bed space, causing an increased 7. U.S. Policy: As mentioned at the reliance on local jails to house detainees. beginning of this chapter, DRO operations Reliance on local jails reduces the have been and continue to be impacted number of detainees who are under direct by changes in U.S. immigration and DRO supervision and control. Utilizing a immigration enforcement policy. variety of small local jails increases cost Unfortunately, more often than not, these and transportation needs, and places changes are directed in the form of DRO in direct competition for scarce bed unfunded mandates that force the space with other federal and local entities. program to redirect resources from daily This factor is particularly critical because operations to current crises, special DRO has more stringent jail standards projects and immediate needs. DRO will than other entities, which limits the continue to serve the President, the number of jails that it can use. Congress and the American people; however, our mission – “to remove all 5. Immigration Emergencies: Detention can removable aliens” – grows continually be affected by unforeseen events more difficult without a commensurate occurring in other countries, such as increase in staff, funding, and natural disasters (i.e., earthquakes, infrastructure. hurricanes, etc.), war, and economic/political crises. These events can produce a “shock” to DRO detention. Such shocks can produce large numbers of illegal aliens, additional detention needs, and the inability to remove aliens from the U.S. back to countries in crisis. Though these immigration emergencies 2-12 Situational Assessment
  • 23. ENDGAME D e t e n t i o n a n d R e mo v a l S t r a t e g i c P l a n 2 0 0 3 – 2 0 1 2 Chapter 3. Goals and Objectives 4. Ensure functions not directly related to homeland security are not diminished or neglected; and Goal Relationships 5. Monitor and sever connections between illegal drug trafficking and DRO developed five strategic goals to guide terrorism; and conduct other efforts the program’s operational efforts and to interdict illegal drug trafficking. resource requirements towards accomplishing its mission and meeting its B. DHS Critical Mission Areas ultimate objective: remove all removable aliens. Three operational goals are directly 1. Intelligence and warning; aligned with and support the ICE mission 2. Border and transportation and the second of its five (DRAFT) strategic security goals and can be further aligned with • Create smart borders strategic objectives identified in the National • Reform immigration services. Strategy for Homeland Security. The 3. Domestic counter-terrorism; remaining two goals support ICE’s fourth • Improve intergovernmental law strategic goal as well as administrative enforcement coordination. elements within the President’s • Facilitate apprehension of Management Agenda. These last two are potential terrorists. essential to building the infrastructure and 4. Protecting critical infrastructure; capacity to carry out the DRO mission. 5. Defending against catastrophic terrorism; and Homeland Security to DRO 6. Emergency preparedness and response. The purpose of the National Strategy for Homeland Security “is to mobilize and The critical mission area, Border and organize our Nation to secure the U.S. Transportation Security, envisions that homeland from terrorist attacks.” 2 The “federal law enforcement agencies will original strategy, dated July 2002, identified take swift action against those who…. three strategic objectives for meeting this or violate terms of entry and pose purpose that were later supplemented with threats to the American people.” 3 another two during the FY2005-2009 budget Specifically stated within the initiative to development cycle. The plan then aligns its create smart borders, “the Department functions essential to achieving these would enter into national law objectives into six critical mission areas. enforcement databases the names of high-risk aliens who remain in the A. DHS Strategic Objectives United States longer than authorized and, when warranted, deport illegal 1. Prevent terrorist attacks within aliens.” 4 This statement is the the United States; Strategy’s direct link to DRO’s mission: 2. Reduce America’s vulnerability to “Remove all removable aliens.” terrorism; 3. Minimize the damage and recover A second element in this mission area from attacks that do occur; is to reform immigration services, and DRO has already completed a step in this process. In May 2003, the Assistant Secretary for ICE announced 2 National Strategy for Homeland Security, Office of 3 Homeland Security, Executive Office of the President; Ibid, pg 22 4 (July 2002), p. vii. Ibid, pg 23 Goals and Objectives 3-1