DHS components used inconsistent processes for administrative forfeitures under the Civil Asset Forfeiture Reform Act of 2000 (CAFRA). Specifically, we found inconsistencies among DHS components regarding the forms used to notify property owners and the process for responding to claims. Further, CBP inappropriately used waivers to extend deadlines for responding to claims. We recommended DHS implement a department-wide structure to oversee component forfeiture activities across DHS by designating an office at headquarters for this role. Additionally, DHS should develop Department-wide policies and procedures, as well as review component policies, to ensure forfeiture processes and practices are consistent. We made two recommendations to improve oversight across DHS and provide consistent processes for handling administrative forfeitures. DHS concurred with recommendation two, which we consider resolved and open, but did not concur with recommendation one, which is unresolved and open.
Report File
Date Issued
Submitting OIG
Department of Homeland Security OIG
Other Participating OIGs
Department of Homeland Security OIG
Agencies Reviewed/Investigated
Department of Homeland Security
Components
United States Secret Service (USSS)
United States Immigration and Customs Enforcement (ICE)
United States Customs and Border Protection (CBP)
Report Number
OIG-20-66
Report Description
Report Type
Audit
Number of Recommendations
2
Open Recommendations
This report has 2 open recommendations.
| Recommendation Number | Significant Recommendation | Recommended Questioned Costs | Recommended Funds for Better Use | Additional Details | |
|---|---|---|---|---|---|
| 1 | No | $0 | $0 | ||
| Develop and implement a Department-wide structure and designate an office to manage and oversee forfeiture activities across DHS, including: - reviewing component policies and procedures to ensure alignment with CAFRA; - developing performance objectives, measures, and plans; and - periodically requesting and reviewing component administrative forfeiture data for alignment with departmental and component goals. | |||||
| 2 | No | $0 | $0 | ||
| Develop Department-wide policies and procedures, including: - consistent CAFRA notices and forms that meet Federal plain language writing requirements; and - consistent interpretation on managing CAFRA claims and use of a Hold Harmless Agreement. | |||||
