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IV
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CORE FUNCTION FOUR |
| Immigration |
EOIR's mission is to provide separate and independent fora for the objective, unbiased adjudication of disputes between INS and aliens or other individuals regarding immigration status, removal or the availability of relief under the law. In the conduct of this mission, EOIR and its components--the Board of Immigration Appeals, the Immigration Courts, and Administrative Law Judges--seek to render fair and proper decisions in a timely and efficient manner.
The Civil Division and the United States Attorneys Offices defend the decisions of INS and EOIR. By defending policies and administrative decisions, the Civil Division strengthens immigration enforcement activities.
MANAGEMENT ISSUES
There are no FY 2001 management issues identified at this time.
PROGRAM EVALUATION
FY 1999 marked the full engagement of INS with its newly established Information Technology Investment Review Board (IT-IRB). The IT-IRB, chaired by the Deputy Commissioner and including the agency's top executives, is supported by a standing committee of senior managers and staff (Executive Steering Committee-ESC). Significant progress was made in FY 1999 refining the management of INS' overall IT resources to align with corporate business interests and upgraded standards for review and performance. As part of its activities, the IT-IRB reviewed all Operations and Maintenance (O&M) spending, and all investment spending for IT, for FY 1999, FY 2000 and FY 2001.
Establishment of Portfolio Managers for areas of IT activity (i.e., senior staff from the program-operations components of the agency), and the establishment of a new Strategic Information and Technology (SITD) branch within the mission/customer components of the agency occurred in FY 1999 to provide more focused customer-based evaluation of the INS IT needs as a basis for decision making. The analysis and evaluation activities through the IT-IRB/ESC process and through the SITD branch will be continually refined throughout FY 2000 and into FY 2001. Initial activity in FY 1999 will be strengthened in FY 2000 and FY 2001 to use special reviews of systems performance and costs, and in the use of Independent Verification and Validation (IV&V) contracts to intensively evaluate particular systems or projects.
IV&V studies are currently underway for the IDENT biometric identification system, and the CLAIMS4 system supporting INS' benefits processing. Beginning in FY 2000, all existing IT systems and projects will be subject to a major life cycle management review as a basis to make decisions.
By FY 2001, procedures will be in place to ensure that in-process evaluations are conducted on systems and projects to ensure that certain criteria are met before a system will be allowed to move into the next phase in the life cycle. All in-process evaluations will be conducted by an independent group to ensure that systems comply with the revised Systems Development Life Cycle (SDLC) requirements.
The INS continuously evaluates the effectiveness of its border control strategies, particularly for the southwest border, and quarterly evaluates progress through the Commissioner's Performance Management Reviews. In addition, several special studies have been initiated and are currently ongoing to evaluate border enforcement effectiveness. These include an independent assessment of the effectiveness of the operations in the San Diego and McAllen Sectors. Study findings will be available when all results are synthesized and an overall analysis is performed.
An evaluation of the recent deployment of the Remote Video Inspections Systems (RVIS) will begin in the spring of FY 2000 and will carry forward into FY 2001. INS-U.S. Customs Border Crossing Initiative (BCI) will be ongoing throughout FY 2000 and FY 2001. Continued evaluations of those efforts will be undertaken in FY 2001.
Formal INS Program Assessments of NATZ applications casework has focused on verifying the compliance level of INS field office operations with the new Naturalization Quality Procedures (NQP). This has been performed both through outside audits controlled by the Department, and through internal audits contracted for by INS. INS internal audits will continue in FY 2000, and are planned for FY 2001. INS also has hired permanent staff to perform quality assurance functions, in combination with the internal audit activities conducted by contract personnel. INS is considering establishing a quality assurance component as part of its re-engineering of the Adjustment of Status case processing in FY 2000, which may result in continued evaluation activities in FY 2001.
Program Assessments for removals programs are designed to measure the efficiency and effectiveness of particular strategies or approaches. Internal Program Assessments and workload analysis have been conducted in the past on the Institutional Hearing Program (IHP). The General Accounting Office (GAO) has conducted a series of assessments of INS' ability to initiate and complete removal proceedings through IHP and of INS' management of IHP. INS anticipates ongoing internal and GAO monitoring and reports on IHP and the broader Institutional Removal Program (IRP) in FY 2001. The impact of internal transfers of functions between INS' Investigations program and the Detention and Deportation program in FY 2000, in the support of the IRP program, will be the subject of an FY 2001 evaluation.
A full evaluation of INS' Quick Response Teams (QRT) operations is planned in FY 2000 to examine staffing , locations, and results in anticipation of FY 2001 program adjustments and new staff. The QRT operations implemented in FY 1999, focus on establishing interior INS office locations to apprehend and remove illegal and criminal aliens detected by state and local law enforcement authorities in the course of their enforcement operations.
In FY 2000, INS' Detention Program will perform a detailed assessment of detention needs to develop a three to five year plan of workload, requirements and management strategies to support increased removals and to support a department-wide plan for managing detention.
In FY 2001, INS plans to continue projects to use alternatives to detention based on an evaluation due in FY 2000 on the results of the Appearance Assistance Program (AAP) demonstration project. The evaluation will address the impact of AAP on improving aliens' appearance at hearings and compliance with immigration judge final orders as a means to reduce use of detention space for appropriate categories of aliens.
Interior Enforcement program assessments have been conducted and are expected to continue through FY 2001. In addition to its own efforts, INS anticipates ongoing General Accounting Office (GAO) monitoring and evaluation, as mandated by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, taking place in order to report on the Attorney General's progress in deterring illegal entry into the United States. GAO has recently reviewed the INS anti-smuggling program and the work-site enforcement programs. INS expects continued monitoring, evaluation and reporting to occur for these two programs. The overall Interior Enforcement Strategy of the INS is currently scheduled for a FY 2004 comprehensive evaluation of its success as a long-term method of interior enforcement.
Strategic Goal 4.1: Enhance the integrity and integration of data and data systems operated by INS in order to establish fully-integrated data systems supporting the enforcement and service functions of the INS; enhance the sharing of relevant data with other Federal agencies; and support INS management and decision-making processes.
Annual Goal 4.1: Increase data systems deployment and usage
STRATEGIES
In FY 2001, INS will focus on maintaining the operational capabilities of the large number of mission-direct and administrative support systems and activities critical to supporting the overall mission accomplishment of INS. Selective additional development and deployment will continue for key systems and applications in CLAIMS, ENFORCE, and IDENT.
To support the currently deployed infrastructure, INS will invest (within base resources) in establishing a cyclical program for replacement of the hardware, software, telecommunications platforms presently in place, and provide for increased technical assistance and support required to maximize field use of the deployed systems. In accord with presidential and DOJ directives and basic ADP requirements, INS also will initiate a multi-year program to upgrade the ADP security features and components that underpin all systems operations.
In support of data integrity and overall mission support, INS also will focus increased resources on the Department approved Alien Files (A-files) Records Program Modernization, including improved automation of files tracking. These activities are critical to providing timely and reliable A-file information needed by both INS' benefits and enforcement operational units, and by other customers dealing with immigration matters.
Improvements will change the way INS manages it's a-files paper and electronic records/information by: establishing greater controls over these records; increasing the ability to provide electronic transfer of information; improving the integrity of individual records; and providing for timely transfer of information. Likewise, continued improvements to INS' new Financial Management program activities, and its associated automated system (FFMS), will improve data integrity critical for mission success and management.
MEANS - Annual Goal 4.1
Dollars/FTE
FY 1999
$413M 363
FY 2000
$440M 345
FY 2001
$453M 359
Skills
Computer Specialists skilled in database design, systems applications and software design, design and deployment of hardware and telecommunications, as well as, analysis, problem-solving, program, project design and management, as well as a high level of analytical and program management skills.. "Help Desk" assistance, particularly in the field environment, is critical as the new ENFORCE, CLAIMS and biometric systems are being deployed .
Information
Technology
INS relies upon ENFORCE, CLAIMS, biometric applications and other mission-direct application systems as well as supporting hardware and telecommunications platforms.
PERFORMANCE ASSESSMENT - Annual Goal 4.1 (indicator 4.1A )
4.1A Increase Data Systems Deployment and Usage
In FY 2001, INS will continue the development and deployment of its key case tracking systems for enforcement and benefits processing, respectively, and the associated biometric identification support features (i.e., ENFORCE, CLAIMS, and IDENT/biometric capability). Importantly, INS will focus on maintaining high usage rates of these systems and the software versions deployed, and will increase measurement and evaluation of the impacts resulting from increased deployment and use.
INS deployment and use of case processing and biometric identification technology will be closely coordinated and integrated with other departmental initiatives such as the FBI's nationwide IAFIS biometric identification system and the Department's Joint Automated Booking Station (JABS) for subject case processing. The purpose and result of this integration is to allow for greater coordination and information sharing among federal, state, and local law enforcement agencies on apprehended individuals. The anticipated outcome is to lessen the opportunity for wanted criminals, including aliens, to be released from custody.
Chart displaying the Percent of Sites
with ENFORCE/IDENT Installed (INS)
FY 1998 Actual = 59%
FY 1999 Actual = 68%
FY 2000 Projected = 71%
FY 2001 Projected = 77%
Chart displaying the Percent of Utilization
at Sites Where Deployed (INS)
FY 1998 Actual = 85% IDENT utilization and 90% ENFORCE utilization
FY 1999 Actual = 84% IDENT utilization and 91% ENFORCE utilization
FY 2000 Projected = 88% IDENT utilization and 85% ENFORCE utilization
FY 2001 Projected = 88% IDENT utilization and 93% ENFORCE utilization
Data Collection and Storage: To measure use rates for the ENFORCE and IDENT/biometrics identification systems, INS utilizes the Performance Analysis System (PAS) to capture information on total apprehensions. Transaction counts from the IDENT and ENFORCE automated systems activity are used to identify the number of individual apprehendees receiving subject-case processing and biometrics enrollment/comparison through these systems. For Deployment of ENFORCE/IDENT software and any related equipment, contractor records are maintained.
Data Validation and Verification: The assigned manager under the INS Annual Performance Management will review submitted data and reports relative to use rates on a quarterly basis. Formal reporting and review will occur quarterly under the INS Commissioner's reviews.
Data Limitations: Current issues regarding types of cases to exclude from the counts are being reviewed to improve accuracy of performance measurement.
Crosscutting Activities:
In FY 2001, INS will work with the Federal Bureau of Investigation (FBI) in the beginning stages of the IDENT/IAFIS systems integration. The goal of this collaboration is to improve the timeliness and accuracy of criminal identification. This initiative will ensure that thousands of persons entering the U.S., both legally and illegally, can be promptly checked for the existence of criminal records maintained by the FBI. Additionally, INS will work with the Telecommunications Services Staff of the Justice Management Division regarding the INS requirements to deploy the JABS system to INS locations. The JABS deployment and close coordination with other JABS users, such as the U.S. Marshals Service, will ensure the rapid and positive identification of offenders, and it will eliminate redundancy in the booking process. Moreover, JABS will automate the booking process, and will enable each law enforcement organization to share and exchange booking information.
Strategic Goal 4.2: Deliver services to the public in a timely, consistent, fair and high quality manner.
Annual Goal 4.2: Improve immigration benefits services; and the Effectiveness of alien status verification services
STRATEGIES
During FY 2001, INS will continue its strategic re-engineering efforts aimed at delivering improved application adjudications-processing and related services that are timely, consistent, fair, and of high quality, with continued emphasis on ensuring the integrity of decisions made on applications for immigration benefits. INS will continue integrating "lessons learned" from previous and ongoing re-engineering experiences (e.g., Naturalization) into all INS applications processing and support activities.
Major service enhancements that were begun in previous years will continue, including improvements in automated systems supporting benefit application processing, fingerprint processing, telephone-based and internet-based information services, and fulfilling forms requests for INS customers.
Enhanced CLAIMS processing capability will continue to be deployed to complete coverage for all new Naturalization case processing and to cover additional applications types and forms. In FY 2001, Immigration Benefits Re-engineering (IBR) activities will focus on the next identified set of INS applications types (e.g., I-485, I-130, I-751).
During FY 2000, INS will propose establishing a Premium Service for Business Cases, to become effective in FY 2001, with an appropriate fee to meet the needs of INS' business clientele who require higher levels of applications service for specific cases (e.g., H-1B). This service will be established in a manner that will protect the service levels provided to INS' other individual and institutional clients. The anticipated revenues from such fee, estimated in the range of $80 million, will focus on the premium service, expanded anti-fraud activity, and providing support for capital investments.
MEANS - Annual Goal 4.2
Dollars/FTE
FY 1999
$625M 5,325
FY 2000
$703M 5,794
FY 2001
$764M 5,725
Skills
Adjudications Officers/Examiners, Immigration Information Officers, Status Verifiers, Examinations Assistants, clerks and temporary INS staff, Quality Assurance specialists, and significant levels of contractor support are necessary to achieve performance levels.
Information
Technology
CLAIMS 4 software to address the processing of N-400 Naturalization casework will be deployed to 84 of the 90 field office sites (93 percent) by FY 2001. Enhanced software versions will be developed and deployed to address Adjustment of Status and other application casework. At INS' Service Centers, the current aging CLAIMS 3 automated support will be replaced. Continued automated enhancements are being made to the applicant fingerprint capture and follow-on FBI print-screening process associated with applications adjudication. IT enhancements for the National Customer Service Center's (NCSC's) phone and Internet information operations; for Forms Centers application requests; and for the National Records Center (which are all critical to INS' benefit applications process), will continue. At the National Records Center (NRC), the RAFACS system (Receipt and Alien-File Accountability and Control System), which allows for timely transfer and tracking of alien-file (A-file) records associated with applications processing, will be replaced by the National Files Tracking System (NFTS).
PERFORMANCE ASSESSMENT - Annual Goal 4.2 (indicators 4.2A-4.2B )
4.2A Improve Immigration Benefit Services
In FY 2001, INS will increase its performance in addressing applications case work while maintaining gains attained through FY 2000 in Naturalization and Asylum case work. Typical Asylum case work (I-589 s) and Expedited Removal processing capability will be maintained and slightly improved while addressing the additional workload demands created by the new NACARA (I-881) case work.
In Naturalization case work, FY 2001 will mark the completion of activity to deal with the backlog, as well as mark the first full year of addressing the Adjustment of Status (AOS) case backlog. In FY 2000, resources previously used to address naturalization backlog will begin a shift to AOS case work. At the same time re-engineering improvements to the AOS process will be underway. Gains made in numbers and time frames for processing naturalization cases will be maintained as new gains are made in increasing activity for Adjustment of Status cases, while simultaneously lowering adjustment case processing times. The quality level for ensuring the integrity of those cases processed, and the time frames for processing related fingerprint work, will also be maintained, as increased workload is addressed.
Chart displaying Average Case Processing
Time (Months) (INS)
FY 1998 Actual = 27 Months for Naturalization and 25 Months for Adjustment of
Status
FY 1999 Actual = 12 Months for Naturalization and 33 Months for Adjustment of
Status
FY 2000 Projected = 6 Months for Naturalization and 24 Months for Adjustment
of Status
FY 2001 Projected = 6 Months for Naturalization and 14 Months for Adjustment
of Status
Chart displaying the Number of Cases
Adjudicated (INS)
FY 1999 Actual = 1.2 Million Naturalization Cases and .3 Million Adjustment
of Status Cases
FY 2000 Projected = 1.3 Million Naturalization Cases and .5 Million Adjustment
of Status Cases
FY 2001 Projected = 1.05 Million Naturalization Cases and .6 Million Adjustment
of Status Cases
Data Collection and Storage: Data on case production and activity for Naturalization (NATZ) and Adjustment of Status (AOS) case work are collected and reported using a mix of automated counts and manual case counts. Currently, some data are collected locally under manual counts and reported monthly through the automated PAS database, and some counts are provided from various automated systems supporting case work (e.g. CLAIMS4, CLAIMS3, RNACS).
Data Validation and Verification: For production numbers, given the existence of manual counting and the mixture of automated systems supporting various aspects of the work, which are evolving toward a unified CLAIMS4 environment, INS instituted monthly data reconciliation and review activities to maximize the integrity of the data reported. Data on the "quality" of case work is currently compiled by and independent contractor(s) conducting quality reviews of the case work.
Data Limitations: In FY 2001, N-400 Naturalization case capability will be fully deployed under CLAIMS4, with additional case types (AOS) to be immediately addressed in follow-on efforts. This will allow all data for these cases to be fully automated and case-based, providing for timely and accurate data.
NOTE: The target for Number of Naturalization Cases adjudicated shows a reduction from FY 2000 based on establishing control over incoming receipts and pending caseload and then shifting capacity to AOS case work.
Crosscutting Activities:
Coordination with FBI for fingerprint screening.
4.2B Improve the Effectiveness of Alien Status Verification
In FY 2001, INS will continue to maintain support levels for the status verification information needs of federal, state, and local government customers. Incremental addition of the number of employers served in status verification will occur through voluntary enrollments, and the response times for employer-related status verification gained in FY 2000 will be maintained. The standards for timely processing of verification inquiries will be maintained despite anticipated increases in workload from benefit providers and employers.
Chart displaying the Response Time
for Status Verification (INS)
FY 1998 Actual = 10 days for Government Customers and 3 days for Employees
FY 1999 Actual = 3 days for Government Customers and 1 day for Employees
FY 2000 Projected = 3 days for Government Customers and 1 day for Employees
FY 2001 Projected = 3 days for Government Customers and 1 day for Employees
Chart displaying the Employers Participating
in Employment Verification Pilot Programs (INS)
FY 1998 Actual = 2446
FY 1999 Actual = 4717
FY 2000 Projected = 5500
FY 2001 Projected = 6000
Data Collection and Storage: The response time data focuses on services provided through automated submission and verification requests and system based counts are provided. For the number of employers currently enrolled in the employment status verification pilots, the Pilot Tracking System maintains individualized data on each employer enrolled.
Data Validation and Verification: The initial automated request (primary verification) for status verification is responded to almost immediately based on information contained in INS' Alien Status Verification Index (ASVI) database. The response time for each case is automatically calculated and averaged by the system at any given reporting point. Requests where primary verification did not provide a definitive answer often results in a requests for further review of INS records (secondary verification). Based on automated transaction requests for secondary verification against the ASVI database, an automated record of the date-in and date-of-response for each request is maintained in the Status of Verification System (SVS). An average response time for secondary requests responses for a set of cases over a period of time is computed by the system. In those cases where secondary requests are submitted to INS via the manual G-845 form , the INS status Verifier inputs the date-in and date-of-response for each case into the SVS, and an average response time is computed , as cited above. For data on employers enrolled in the employment verification pilots, only a formal request for removal from the pilot by the employer allows adjustment of the database maintaining the enrollment numbers.
Data Limitations: Data is complete and accurate given the automated basis for capture and reporting.
Crosscutting Activities:
In providing alien status verification services to employers under the new pilot programs authorized by Congress, INS is working closely with the Social Security Administration (SSA) on two of the three prototype approaches. Additionally, INS provides information on alien status to SSA under a long-standing agreement to assist SSA in processing benefit applications under their legislation.
Strategic Goal 4.3: Secure the land border, ports of entry and coasts of the United States against illegal migration through effective use of technology and personnel resources focused on enhancing the deterrence to entry and apprehending and removing those who attempt to enter illegally.
Annual Goal 4.3: Effectively control the border; and Thwart international alien and drug smuggling
STRATEGIES
In FY 2001, INS will continue with the Border Management and Control strategies, which include Port Enforcement, and Deterrence and Apprehensions. Port Enforcement efforts target not only more sophisticated methods of illegal immigration and alien smuggling, but also implements the expedited removal authority granted under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).
Additional Immigration Inspections resources are requested in FY 2001 to meet increased workload related to the expedited removal process at land border ports-of-entry (POE). Additional Inspections resources are also requested for Inspections operations at land POEs that will continue improving entry and exit systems controls to more easily identify individuals violating immigration laws.
The Deterrence and Apprehensions efforts address enforcement against unlawful border crossers who seek to enter between POE. The INS National Border Control Concept is to achieve control of the border at and between POE. Additional Border Patrol resources are requested in FY 2001 to maintain and extend control along the border.
Additional impacts on operational effectiveness and deterrence levels within identified zones can be achieved by the continued systematic deployment of technology and other resources that directly support enforcement operations. Moreover, INS will continue developing an intelligence infrastructure with the goal of supporting all enforcement efforts, and creating seamless border coverage that integrates border and interior enforcement efforts. INS also will intercept and repatriate mala fide travelers and offshore migrants en route to the United States.
MEANS - Annual Goal 4.3
Dollars/FTE
FY 1999
$1,142M 11,703
FY 2000
$1,327M 12,413
FY 2001
$1,472M 13,182
Skills
Border Patrol agents must have interpersonal skills, problem solving abilities, composure, skill in the use of firearms, operate a variety of motor vehicles, and be fluent in Spanish.
Information
Technology
The Interagency Border Inspection System (IBIS), provides the backbone for inspecting travelers. Photophone equipment, allows transmission of biometric images between the INS Forensic Document Lab and POEs. The ENFORCE system is to be integrated with ENFORCE/EID, based on the INSPECTIONS 2000 automation initiative. In addition, significant efforts are underway to integrate biometrics functionality with the FBI's Integrated Automated Fingerprint Information System (IAFIS). A "geographical information system" (GIS) and "Technology refresh," a hardware-software-telecommunications platform upgrade is requested in FY 2001.
PERFORMANCE ASSESSMENT - Annual Goal 4.3 (indicators 4.3A-4.3B )
4.3 Effectively Control the Border
INS will conduct a zone-by-zone assessment where we are maintaining or extending control that will analyze enforcement effectiveness between POE by determining the ratio of aliens apprehended plus the number of aliens who "turned back" to the number of illegal entries attempted. The number of entries attempted is equal to the sum of the number of persons apprehended plus the number of persons who "turned back," plus the number of "gotaways," as determined by Border Patrol agents (using information from video cameras, infrared scopes (ground and airborne), helicopter patrols, sensor hits, tracks, etc.). The objective of continuing to apply increased levels of Border Patrol resources (staff and technology) is to increase the level of deterrence in the busiest areas until acceptable area -wide control is achieved.
INCREASE OPERATION EFFECTIVENESS WITHIN
IDENTIFIED SOUTHWEST BORDER ZONES:
The target for FY 2000 and FY 2001 is to "extend control in additional zones."
The baseline will be established in FY 2000.
Data Definitions: The "controlling the border" measure used for border patrol operations between ports-of-entry (POEs), i.e., the "level of operational effectiveness within identified zones" (of the southwest border), is defined as the ratio of aliens apprehended plus the number of aliens who "turned back," divided by the number of illegal entries attempted (i.e., the number apprehended, plus the number "turned back," plus the number of "gotaways"). "Gotaways" are those aliens who have been determined to have entered illegally without apprehension at the immediate border; however, potentially a certain number of such illegal entrants are apprehended at a later time proximate to the border, or at INS checkpoints.
Data Collection and Storage: Data on the number of persons apprehended are local counts compiled daily by individual Border Patrol Stations. A record is created of all such apprehensions. Manual or automated I-213 forms are used for processing certain apprehensions, and the automated ENFORCE subject-case processing software is used where deployed. In some instances the IDENT biometrics identification system and software, which has limited subject-case processing capability, is used pending the replacement by the ENFORCE capability. For the denominator of the measure, the "number of illegal entries attempted" (the numbers connected with the number of persons who "turned back," and the numbers for "gotaways"), the numbers are determined by reports from Border Patrol agents in the field using information from visual sightings or equipment tracking counts (e.g., video cameras, infrared scopes (ground and airborne), helicopter patrol sightings, in-ground sensor hits, tracks left by aliens, etc.). These "turned back" and "gotaway" counts are collected daily and entered into local databases.
Data Validation and Verification: On a monthly basis, summarized nationwide reporting of apprehension numbers from these sources occurs through INS' centralized, automated Performance Analysis System (PAS) database. Monthly reviews and editing of apprehension numbers reported in PAS is conducted not only at the Sector level, but also by the centralized INS Statistics Division, which maintains the PAS database. Increasingly, review and editing involves using systems counts from ENFORCE, IDENT and the automated compilation of I-213 data from the centralized processing activity in the Texas Service Center.
Data Limitations: Currently, a process to standardize all such recording and reporting of data is being implemented across all Border Patrol Sectors to ensure consistency and validity, and use of an intranet approach for reporting is being targeted for implementation in the 2nd Quarter of FY 2000.
Crosscutting Activities:
In accomplishing the border management mission, the INS has relationships with other federal, state, local, and international law enforcement agencies where operational initiatives are crosscutting among various entities. Such initiatives include memoranda of understanding (MOU) with the Drug Enforcement Administration (DEA), particularly with respect to a delegation of legal authority to enforce drug laws under Title 21. A similar MOU is in place with the United States Customs Service where cross-designated authority is provided to both INS and Customs officers to enforce their respective laws. Other relationships include such agencies as the U.S. Attorney's Office and the FBI, which are often coordinated at the INS Sector and District Office levels.
The INS also is involved with a number of federal, state, and local joint-agency task forces with missions such as anti-terrorism, drug interdiction, alien smuggling, fraud, and other illegal activities. On the international front, the INS coordinates it border enforcement efforts with its land neighbors to both the north and south through, engaged in such special programs as Operation Alliance with Mexico, and Project Northstar with Canada.
4.3B Thwart International Alien and Drug Smuggling
In FY 2001, DOJ will continue to strengthen INS' capability to apprehend and deter persons attempting illegal entry by hampering the efforts of alien smugglers and drug carriers. Operation Global Reach initiative was designed to expand INS presence overseas in transit and migrant producing countries resulting in the development of intelligence which support enforcement operations aimed at detecting mala fide travelers, fraudulent document purveyors and alien smuggling organizations.
Chart displaying the Interception of
Mala Fide and Offshore Travelers en route to the US (INS)
FY 1998 Actual = 8120
FY 1999 Actual = 9124
FY 2000 Projected = 8283
FY 2001 Projected = 9324
Chart displaying the Offshore Prosecutions
Assisted by the INS Aided by Fraudulent Documentation Detection (INS)
FY 1998 Actual = 105
FY 1999 Actual = 119
FY 2000 Projected = 107
FY 2001 Projected = 119
Data Collection and Storage: Data on the "number of interceptions" at each foreign location are compiled daily on the G-392 Intelligence Report. The data on the "number of offshore prosecutions" are likewise collected by the INS offices in the respective foreign countries and reported to the District Office level. Each INS foreign office maintains memorandum-style records in the their files that provide information on the status of cases undergoing prosecution in foreign courts. The District Offices provide a monthly summary number for inclusion in the Performance Analysis System (PAS database.)
Data Validation and Verification: The G-392 Intelligence Report, indicates the individuals and nature of the circumstances involved and is reviewed and certified by the senior officer. On a monthly basis, overseas district offices report a summary of the number of interceptions using the service's PAS database.
Data Limitations: Data is based on both manual and automated reports from overseas INS offices that comprise the PAS database for this measure, in addition to foreign officer anecdotal report submissions collected by the Office of International Affairs. As PAS captures aggregate workload data, the data cannot be reconstructed from individual files.
Crosscutting Activities:
INS agents in offices worldwide work closely with the Department of State, DEA, and the United States Customs Service (USCS), FBI, and foreign governments, in order to exchange information with their foreign immigration counterparts, and to better identify and disrupt organized alien smuggling activities.
Strategic Goal 4.4: Facilitate lawful travel and commerce across the borders of the United States.
Annual Goal 4.4: Facilitate port-of-entry traffic; and Increase port automation
STRATEGIES
In FY 2001, INS will maintain the traveler processing times attained in FY 2000, at both Land and Air ports-of-entry (POE), as an increase in travelers is anticipated. INS will open three new southern land border POE, with the addition of 87 new inspectors and associated resources. INS will continue automation and technologies to facilitate processing time performance, such as dedicated commuter lanes and accelerated passenger lanes.
During FY 2001, INS will coordinate and integrate facilitation efforts with other Federal Inspections Service (FIS) agencies at POE, with particular emphasis on INS-Customs efforts. Both alone and in cooperation with these agencies, INS will facilitate lawful traffic and commerce by increasing the prescreening of passengers, sorting passengers and vehicles into high- and low-risk categories, and by other approaches and methods which facilitate traffic, without decreasing enforcement.
MEANS - Annual Goal 4.4
Dollars/FTE
FY 1999
$548M 5,828
FY 2000
$564M 5,783
FY 2001
$646M 6,255
Skills
Immigration Inspectors are required to pass the Basic Immigration Academy courses, be fluent in Spanish, and meet quarterly firearms requirements.
Information
Technology
INS uses automation and technologies to facilitate processing time performance, such as dedicated commuter lanes and accelerated passenger lanes. The PAS system and system-generated counts are used to report data on the use of automation and technologies to facilitate traveler inspections on a monthly basis.
PERFORMANCE ASSESSMENT - Annual Goal 4.4 (indicators 4.4A-4.4B )
4.4A Facilitate Port-of-Entry Traffic
During FY 2001, DOJ, in cooperation with other federal agencies servicing ports-of-entry (POE), will attempt to maintain waiting times at airports and land POE. At Air POE, INS will continue meeting the congressionally mandated 45-minute processing time target, and will continue to emphasize INS' more recent commitment to address a 30-minute processing time. In FY 2001, the FY 2000 target of clearing 72 percent of commercial flights within 30 minutes or less will be maintained under increased workloads.
Chart displaying the Percent of Total
Commercial Flights to Clear Primary Inspection Within 30 Minutes (INS)
FY 1998 Actual = 61%
FY 1999 Actual = 74%
FY 2000 Projected = 72%
FY 2001 Projected = 72%
Chart displaying the Percent of Land
Border Wait Times 20 Minutes or Less (INS)
FY 1998 Actual = 97%
FY 1999 Actual = 96%
FY 2000 Projected = 80%
FY 2001 Projected = 80%
Data Collection and Storage: Given the variance in land POE, wait time data for each is collected manually based on unique circumstances and reported through INS regional offices.
Data Validation and Verification: This data is collected locally and validated daily. Throughout FY 1999, processes were implemented at the local level for affected communities and users to review results to ensure third party validation of these unique measurements requirements.
Data Limitations: Land border POE utilize one of three approved methodologies to calculate wait times, hence variance in data may occur among the land POE.
Crosscutting Activities:
At land POE, INS, in cooperation with the U.S. Customs Service (Customs), will maintain the FY 2000 target of processing 80 percent of the travelers within 20 minutes, with increased workloads. At land POE, INS collects data on processing times and shares the information with Customs. At air POE, Customs and INS receive passenger data from the Advance Passenger Information System, which allows the agencies to perform enforcement checks and identify high-risk passengers before they arrive in the United States.
4.4B Increase Port Automation
In FY 2001, DOJ will support INS efforts to increase its use of automated facilitation technologies and increased voluntary use of such technologies by travelers (e.g., INSPASS, DCL/SENTRI lanes). INSPASS and Dedicated Commuter Lanes/SENTRI lanes utilize an automated validations system at designated airports and land Ports-of-Entry respectively, to expedite the inspections process for low risk, frequent travelers entering the United States. These systems allow us to segment and facilitate the portion of travelers who are low risk, while enabling officers to focus resources on higher risk passengers. This is anticipated to reduce wait times for most travelers. It is noted however, that although SENTRI use will increase the number of vehicles inspected in the out-years, the percentage of use will be less due to the larger volume of traffic at two new ports.
Chart displaying the Percent of Travelers
Inspected with INPASS (INS)
FY 1999 Actual = .64%
FY 2000 Projected = .70%
FY 2001 Projected = .70%
Chart displaying the Percent of Travelers
Inspected with SENTRI (INS)
FY 1999 Actual = 4.80%
FY 2000 Projected = 2.75%
FY 2001 Projected = 2.75%
Data Collection and Storage: Data on use of automation technologies to facilitate traveler inspections are reported on a monthly basis using the Performance Analysis System (PAS) and system-generated counts to identify the number of travelers participating. INS collects data in the PAS workload and resource tracking system which contains aggregate case data and workyears for specific categories of activities. The field consolidates monthly office level statistics and enter data into PAS on-line at the end of the reporting month. PAS terminals are available at 624 locations.
Data Validation and Verification: PAS verification is conducted by the Statistics Office of the Office of Policy and Planning. The statistics are corroborated through submission audits , edits, data validation and logic checks, and contact with field offices for missing information. The Office of Statistics produces monthly statistical and production reports.
Data Limitations: PAS records are complete with 95 percent of records entered within eight working days of the close of the reporting month. One weakness, as OIG and GAO auditors have cited, is due to the nature of the database; PAS cannot be audited accuracy since it cannot be reconstructed from individual files.
NOTE: The targeted performance is a reduction from FY 1999 accomplishments due to the anticipated increase in border traffic volume. While the number of vehicles inspected by SENTRI lanes are expected to increase in FY 2000 by 50 percent above FY 1999 levels, the percentage of vehicles will be lower due to the larger traffic base created by additional ports.
Crosscutting Activities:
INS coordinates with the U.S. Customs Service and the General Services Administration on SENTRI port modifications and construction. INS also coordinates with the Mexican government on construction of access roads for SENTRI. To open enrollment centers and kiosks for INSPASS, INS works with local airport authorities.
Strategic Goal 4.5: Maximize deterrence to unlawful migration and enforce immigration laws in the interior through effective and coordinated use of resources to reduce the incentives of unauthorized employment and assistance; remove deportable/inadmissible aliens expeditiously; address interior smuggling and benefit and document fraud; and increase intergovernmental cooperation and the integration of activities among law enforcement entities at all levels of government.
Annual Goal 4.5: Increase number of alien removals; and Implement national anti-smuggling strategy
STRATEGIES
In FY 2001, INS will continue to implement the comprehensive interior enforcement strategy adopted in FY 1999. This strategy calls for increased cross-component and cross-regional planning and action, concentrating on critical common targets: the prompt removal of high-priority categories of illegal aliens, the deterrence of unauthorized migration, and the minimization of harm to the public and national security by aliens.
In FY 2001, INS will continue to pursue and remove aliens receiving final orders of deportation by focusing on high-priority cases. INS will continue to emphasize removal of deportable criminal aliens and the efficiency and effectiveness of the Institutional Removal Program, which includes institutional hearings and county jail programs. INS will also increase the use of alternative, non-hearing removals. The flow of illegal aliens and increasing number of criminal alien inmates and referrals from law enforcement entities will require INS to increase and effectively manage bed space and transportation to support interior and border removals. INS will target its efforts to include increasing the use of the National Crime Information Center (NCIC) to identify criminals and recidivists and will continue to develop additional agreements with foreign governments, Bureau of Prisons (BOP) and U.S. Marshals Service (USMS) to facilitate removal, repatriation, and information sharing.
Another major component of the FY 2001 performance plan is to aggressively pursue complex, large-scale, international investigations to prevent, identify, disrupt, and dismantle criminal organizations that facilitate illegal migration. FY 2001 activities center on the National Anti-Smuggling Strategy and related fraud and illegal employment violations. INS will continue to target anti-smuggling enforcement activity in specific corridors. Anti-smuggling strategies will be coordinated with FBI, border, and overseas initiatives. In conjunction with smuggling cases, INS will pursue operations against major benefit and document fraud conspiracies. INS will also continue to deter the presence of illegal aliens and support the integrity of the legal immigration process by assisting employers with compliance with sanctions laws while focusing on criminal investigations of those employers who intentionally violate immigration laws or engage in smuggling or immigration-related fraud.
INS will continue leadership of Quick Response Teams and continue to work in partnership with other DOJ components on terrorism, organized crime and drug enforcement task forces to reduce threats posed by criminal activity committed by foreign nationals.
MEANS - Annual Goals 4.5
Dollars/FTE
FY 1999
$339M 3,289
FY 2000
$358M 3,252
FY 2001
$378M 3,410
Skills
Deportation Officers; Detention Enforcement Officers; Docket Clerks; IRP Directors; Attorneys; Legal Technicians; Procurement Officers; Special Agents; Investigative Assistants; Financial Analysts for asset forfeiture; Intelligence Officers (Forensic Document Examiners and a Fingerprint Examiner); and Support Staff. All Forensic Document Examiners are certified with a masters degree in forensic science. Some have specific areas of expertise (e.g. forensic photography, fingerprints, digital evidence examination).
Information
Technology
Systems utilized to collect performance data include the Deportable Aliens Control System (DACS), the Criminal Alien Information System (CAIS), NCIC, PAS, LYNX, and ORION/LEADS. Ultimately, the data will be captured in ENFORCE. The verification of alienage by the Law Enforcement Support Center (LESC) includes interfaces with DACS and other corporate information systems such as the Central Index System (CIS).
PERFORMANCE ASSESSMENT- Annual Goal 4.5 (indicators 4.5A-4.5B )
4.5A Increase Number of Alien Removals
In FY 2001, DOJ will increase the number of final order removals from the U.S. above the number projected for FY 2000. The emphasis of the increase will be on criminal removals. EOIR's immigration judges and the Board of Immigration Appeals hear immigration cases to determine if an alien is deportable. In cooperation with BOP, INS will improve efficiency in obtaining a removal order on criminal alien inmates prior to their release. INS is also increasing the use of administrative final orders for aggravated felons that do not require a hearing before an Immigration Judge to obtain additional removals. Expedited removals, which are generally non-criminal removals, are expected to rise proportionately with the flow of legitimate travelers as aliens who attempt to circumvent apprehension, are identified, processed directly by INS, and removed quickly. INS also coordinates with and leverages state and local law enforcement coverage on alien removals with the Law Enforcement Support Center and newly established Quick Response Teams to identify, process, and remove deportable aliens referred by law enforcement entities.
Chart displaying the Number of Final
Order Alien Removals (INS)
FY 1998 Actual = 116,974 Non-Criminal Removals and 55,541 Criminal Removals
FY 1999 Actual = 115,330 Non-Criminal Removals and 62,838 Criminal Removals
FY 2000 Projected = 120,500 Non-Criminal Removals and 55,000 Criminal Removals
FY 2001 Projected = 124,700 Non-Criminal Removals and 70,300 Criminal Removals
Data Collection and Storage: Removals projections are linked to use of detention resources and lengths-of-stay. INS collects removal and detention data in the Deportable Alien Control System (DACS) case tracking system. Data is input to DACS daily from physical A-files, primarily by INS Deportation Program staff, and to a lesser extent, inspectors and agents. DACS is available on terminals throughout INS, including Ports-of Entry, Service Processing Centers, and IHP locations. DACS is updated throughout the life cycle of the case.
Data Validation and Verification: DACS verification occurs through the headquarters DACS quality team, file reviews, comparison with monthly statistical reports, INSPECT team reviews, and district status reports and call-up lists. The Statistics Office of the Office of Policy and Planning conducts monthly quality reviews of DACS data for internal inconsistencies and missing data and produces monthly INS Removals Reports and statistics for quarterly Congressional Removals Reports.
Data Limitations: DACS removals records are complete, with 99 percent of total removals records entered within 6 months of the close of the fiscal year. A small but significant number of detention records (approximately 7 percent of over one hundred thousand records) are incomplete and cannot be used to calculate lengths-of-stay in detention. This is due to data entry and DACS limitations. DACS does not have an incident identification number to match open detention periods to disposition. For example, when there is a break in detention for an alien transferred between facilities the case may remain open because it lacks the needed balancing entries showing the alien was booked out of one location and booked into another location or was removed/released. After FY 2001, DACS will migrate to the Enforcement Case Tracking System (ENFORCE) which will have the capability to track these detention cases. INS will also resolve data entry deficiencies for incomplete records
Crosscutting Activities:
To facilitate removals, repatriations, and information sharing, INS works in conjunction with BOP, USMS, state and local law enforcement, and foreign governments. INS also works to develop additional agreements with foreign governments to facilitate repatriation.
4.5B Implement National Anti-Smuggling Strategy
In FY 2001, DOJ will present principals for prosecution from complex, international and/or worksite related anti-smuggling cases, large-scale benefit and document fraud cases, and criminal cases against employers. Performance measures for investigations were aligned with the emphasis on criminal violators in the Interior Enforcement Strategy. Other measures for sanctions fines, task force apprehensions and asset forfeiture continue to be tracked in INS' internal operational plan.
Chart displaying the number of Principals
Resented Prosecution (INS)
FY 1998 Actual = 1547 for Alien Smuggling Violations
FY 1999 Actual = 1967 for Alien Smuggling Violations and 636 for Benefit or
Document Fraud
FY 2000 Not Projected
FY 2001 Not Projected
Chart displaying the number of Criminal
Cases of Employers Intentionally Violating Employer Sanctions (INS)
FY 1998 Actual = 127
FY 1999 Actual = 182
FY 2000 Not Projected
FY 2001 Not Projected
Data Collection and Storage: INS collects data on the principals presented for prosecution in the Performance Analysis System (PAS) and through some manual tracking. INS collects data for criminal cases against employers in LYNX. INS collects investigations data in the PAS which contains aggregate case data and workyears for specific categories of activities. The field consolidates monthly office-level statistics and enters data into PAS on-line at the end of the reporting month. INS collects worksite enforcement data in the LYNX case tracking system. Investigations data, employer data, and litigation information is captured by officers and field counsel. The forms are submitted to a contractor for data entry. LYNX is updated throughout the life cycle of the case.
Data Validation and Verification: PAS verification is conducted by the Statistics Office of the Office of Policy and Planning. The statistics are corroborated through submission audits; and logic, range, and computational edits. The Office of Statistics produces monthly statistical and production reports. Some manual tracking is required smuggling and fraud since performance categories for types of cases no longer exactly match the definitions and methodology of the existing PAS categories. This manual case information is collected and verified by staff in the headquarters Office of Field Operations. As programming opportunities, funding, or migration to ENFORCE becomes available, this manual component of tracking will be eliminated. A degree of LYNX verification occurs through comparison with management reports, regional review or verification with district offices or periodic audits in response to Attorney General reporting requirements and the Commissioner's Quarterly Performance Management Reviews. The LYNX system was modified to address the criminal case measurement and the system will be migrated to ENFORCE.
Data Limitations: PAS records are complete with 95 percent of field office records entered within the first 8 working days of the reporting month. The remaining 5 percent are subsequently obtained through submission audits. However, since PAS data are manually consolidated at an office level, audits of individual case records cannot be performed.
NOTE: In accordance with Department guidance, targeted levels of performance are not projected for certain indicator types within this goal.
Crosscutting Activities:
INS conducts international investigations to prevent, identify, disrupt, and dismantle criminal organizations that facilitate illegal migration. INS' anti-smuggling strategies are coordinated with the FBI. In addition, INS works with the U.S. Attorneys to prepare cases and receives information on worksite enforcement activities from the Department of Labor.
Strategic Goal 4.6: Expedite the adjudication of immigration cases while insuring due process and fair treatment for all parties.
Annual Goal 4.6: Adjudicate immigration cases in a fair and timely manner
STRATEGIES
This annual goal relates primarily to the adjudication functions of the Executive Office for Immigration Review (EOIR). Both, INS and EOIR are committed to the prompt and fair resolution of matters brought before EOIR. In FY 2001, EOIR's immigration judges will complete 95 percent of its expedited asylum, Institutional Hearing Program, and detained cases within established target time frames.
By defending immigration laws, policies, and administrative judgments regarding alien removal in Federal courts, the Civil Division and the United States Attorneys uphold the intent of Congress and secure the efforts of the immigration agencies.
MEANS - Annual Goal 4.6
Dollars/FTE
FY 1999
$168M 1,320
FY 2000
$181M 1,384
FY 2001
$215M 1,487
Skills
EOIR requires the skills of immigration judges, Board of Immigration Appeals attorneys, and support positions.
Information
Technology
EOIR'S ANSIR, the Automated Nationwide System for Immigration Review, is integrated with routine case processing operations.
PERFORMANCE ASSESSMENT - Annual Goal 4.6 (indicator 4.6A )
4.6A Adjudicate Immigration Cases in a Fair and Timely Manner
In FY 2001, EOIR's immigration judges will complete 95 percent of expedited asylum, Institutional Hearing Program (IHP) and detained cases within target time frames. These time frames are: (1) asylum cases within 180 days of filing by aliens with the DOJ; (2) IHP cases prior to aliens' release from incarceration; and (3) detained cases within 30 days of filing with the Immigration Court. These targets are related to percentages of cases actually completed, e.g., of the IHP cases completed during 1999, 91 percent were completed prior to the alien's release from incarceration. However, virtually all IHP cases received were completed. As such, there is no "backlog" per se, but a need to increase timeliness. To increase performance relative to timeliness goals, EOIR must continue to target new resources and to reallocate existing resources to the adjudication of the priority caseload as described. This includes the adjustment of court dockets to increase the number of calendars devoted to asylum cases and increasing the volume and frequency of Immigration Judge details to federal, state and local correctional facilities.
Chart displaying the Total Number of
Matters Received and Completed
FY 1998 Actual = 297,108 Received and 294,687 Completed
FY 1999 Actual = 263,174 Received and 268,743 Completed
FY 2000 Projected = 280,000 Received and 280,000 Completed
FY 2001 Projected = 290,000 Received and 290,000 Completed
Percent of Immigrations Court Cases
Completed Within Target Time Frames
FY 1998 Actual = 90% Asylum Cases, 94% IHP Cases, and 91% Detained Cases
FY 1999 Actual = 88% Asylum Cases, 91% IHP Cases, and 84% Detained Cases
FY 2000 Projected = 95% Asylum, IHP and Detained Cases
FY 2001 Projected = 95% Asylum, IHP and Detained Cases
Data Collection and Storage: EOIR collects its data from a nationwide case-tracking and office automation system which is entirely integrated with routine case processing operations at both the trial and appellate levels (ANSIR - the Automated Nationwide System for Immigration Review).
Data Validation and Verification: Data is verified by on-line edits of virtually every data field. Further, headquarters and field office users and managers have manuals and handbooks which list the routine daily, weekly and monthly reports which check and verify data. In addition, audits are conducted, using the system's random number generator, comparing automated data with the corresponding hard case files. Finally, all data entered by courts nationwide is instantaneously transmitted and stored at EOIR headquarters. That process allows for the generation of timely and complete statistical and other data. Data validation is also performed on a routine basis through data comparisons between EOIR and INS databases.
Data Limitations: The volume, nature, and geographic concentration of EOIR's caseload is entirely dependent upon external factors; primarily the enforcement, adjudication, and detention policies and actions of the INS and legislative and regulatory changes to immigration laws and procedures.
Crosscutting Activities:
EOIR coordinates with INS and BOP on its Institutional Hearing Program, which is intended to resolve immigration cases before non-citizen inmates are released from prison.
Strategic Goal 4.7: Improve the development and implementation of immigration-related policies and practices by incorporating input from a broad range of internal and external contacts.
STRATEGIES
Strategic Goal 4.7 is not included in the FY 2001 Performance Plan, as this goal constitutes a means to achieving other immigration-related goals, not necessarily a goal in itself. To achieve the immigration-related goals described in this plan, DOJ and INS must have strong community partnerships and seek external feedback on its operations. The strength of INS' community relations will be reflected in the level of success INS has in achieving its strategic goals.