Federal Reports

We determined that a key issue preventing CBP from transferring detainees out of its facilities within 72 hours was insufficient Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations’ (ERO) bed space. ICE ERO also could not increase capacity quickly enough to keep pace with CBP’s apprehensions, and available bed space was not always appropriate for the aliens in need of placement. Consequently, CBP’s Border Patrol faced rapidly increasing numbers of detainees – especially single adults – who remained in its holding facilities intended for short-term custody. Despite worsening conditions, Border Patrol generally did not exercise its authority to release single adults from its custody, for fear they would “lose control of the border.” Border Patrol sectors created ad-hoc solutions to manage the rising detainee populations in its facilities, because, despite its dependence on ICE ERO to accept detainees, Border Patrol’s response plans did not account for ICE ERO’s detention limitations. Longstanding fragmentation in immigration enforcement operations between CBP and ICE ERO further exacerbated these challenges. DHS was aware of a potential land migration surge and the challenges it would pose. DHS had both a multi-component task force in place at the border and a plan for land migration surges, but used neither during the 2019 surge. Instead, DHS created and dissolved various interagency groups at its headquarters. In May 2019, DHS created a headquarters coordination group to advise leadership and help manage future emergencies, like a migrant surge. However, if the Department does not develop a DHS-wide framework for surges and address day-to-day fragmentation, CBP and ICE ERO will face the same challenges in future surges. We made six recommendations for ICE, CBP and DHS that will improve the Department’s response to migrant surges, including planning for surge detention capacity; standardizing alien processing paperwork; creating an inventory of best practices and surge infrastructure; and identifying thresholds for DHS intervention in future surges. DHS concurred with all recommendations.