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U. S. DEPARTMENT OF JUSTICE

Corrective Action Report

Issue and Milestone Schedule

Date of Submission
First Quarter Update:
Second Quarter Update:
Third Quarter Update:
End of Year Report: 12/02/02

Issue Title

Efforts to Identify and Remove Criminal Aliens

Issue ID
1997-4801

Organization
Immigration and Naturalization Service

Date First
Initiated

10/01/97

Original Target for Completion

09/30/99

Current Target for Completion

09/30/03

Actual Date of Completion

Issue Type (Organization Rating)


Material Weakness

Source Title

GAO/T-GGD-97-154

Date of Source Report

07/15/97

Issue Type (DOJ Rating)

Material Weakness

Issue Description

In July 1997, the General Accounting Office (GAO) issued a report on the Immigration and Naturalization Service's (INS) Institutional Hearing Program (IHP).  The report noted that the INS: (1) failed to identify many deportable criminal aliens, including aggravated felons, and initiate IHP proceedings for them before they were released from prison; (2) did not complete the IHP by the time of prison release for the majority of criminal aliens it did identify; and (3) has not realized intended enhancements to the IHP.

What We Will Do About It

Since 1997, the Institutional Removal Program (IRP, formerly known as the IHP) has continued to exceed its annual removal goals.  The IRP also has focused more attention on up-front processing to ensure that criminal aliens are not released into INS' custody without removal orders.  Furthermore, INS has created a mechanism to finalize unfinished removal proceedings within 1 day of release from federal, state, or local incarceration.  INS is in the process of finalizing the IRP transition plan from Investigation to the Detention and Removal Program.  A significant aspect of this plan will be to fully determine the resources required to support the entire IRP process.  While Immigration Agent attrition rates have stabilized, the INS is continuing to finalize a reclassification of Immigration Agents and Detention Enforcement Officers into one job series.  This will provide greater authority to more officers to work IRP cases.  This job series will have lower attrition rates, and we anticipate that any further attrition will be into other higher-graded INS jobs.  The reclassified position is intended to be an entry-level position into the Deportation Officer and Special Agent ranks.  The reclassification has been delayed until March 2003, pending the transition of positions into the new Department of Homeland Security.

Finally, the IRP Criminal Alien Information System (CAIS) has been deployed to all federal sites.  INS is exploring the possibility of deploying CAIS to state IRP programs and/or using functionality already in the INS' ENFORCE system to track and manage IRP cases.  Eventually, all IRP case management and tracking functions will be incorporated into ENFORCE Apprehension and Removal modules.

Milestones

Original Target Date

Current Target Date

Actual Date of Completion

1. Publish policy-clarifying roles and responsibilities of the special agents in the IRP.

   

10/31/97

2. Identify causes of Immigration Agent attrition, and take action to ensure adequate staffing is achieved.

09/30/99

 

09/30/00

3. Develop a workload analysis model to ascertain the need for IRP resources.

   

06/30/98

4. Establish controls to ensure aggravated felons are identified and tracked, and improve the ability to deport them while they are imprisoned.

04/01/99

 

07/31/99

5. Incorporate an IRP process module into ENFORCE.

09/30/99

 

04/30/00

6.  Reclassify Immigration Agents and Detention Enforcement Officers.

09/30/02

03/30/03

 

7.  Deploy ENFORCE removals module.

09/30/03

09/30/03

 

How We Will Know It Is Fixed

INS will have the ability to identify and track eligible incarcerated criminal aliens so that IRP proceedings can be initiated and completed.  Issuance of final deportation orders will ensure expeditious deportation of eligible criminal aliens upon release from prison.