U.S. Department of Justice Immigration and Naturalization Service

HQOIA 110/8.2-C

MEMORANDUM FOR:	Mary W. Demory Assistant Inspector General for Inspections Department of Justice
FROM:	Kevin D. Rooney Acting Commissioner Immigration and Naturalization Service
SUBJECT:	Review of INS' Escort of Criminal Aliens Inspection Number A-2001-00l

I appreciate the opportunity to comment on the subject report and solicited input from the senior management officials who are most significantly impacted, the Executive Associate Commissioner for Field Operations and the Acting Executive Associate Commissioner for Programs. I reviewed the response and concur with the conclusions and observations.

The Executive Associate Commissioners concur with your recommendations and provide planned corrective actions.

If you have any questions, please contact Kathleen Stanley, Audit Liaison, at (202) 514-8800.

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cc: Vickie L. Sloan, DOJ Audit Liaison

U.S. Department of Justice Immigration and Naturalization Service

HQDDP 50/10

MEMORANDUM FOR:	Regional Directors
FROM:	Michael A. Pearson Executive Associate Commissioner Office of Field Operations
SUBJECT:	Procedures to Insure Compliance with the Immigration and Naturalization Service's (INS) Escort Standard

Report No. A2001-00l filed by the Office of the Inspector General (GIG) indicated that all INS offices are not consistently adhering to the INS escort standards. The Office of Field Operations is concerned by the findings of this report. In an effort to ensure compliance with existing standards, or the correction of instances of non-compliance, reviews of criminal deportation cases will be required.

Headquarters is in the process of including adherence to the escort policy as an inspectional item subject to review during INSpect visits by the INS Office of Internal Audit. The Office of Programs is working to include a means of tracking such compliance in the Enforcement Case Tracking System (ENFORCE) Removals Module.

In the interim, Regional Directors are to implement procedures whereby each District Director under their supervision conducts quarterly reviews of criminal deportation cases, certifies compliance with the escort standard, and maintains records of accountability. In instances of non-compliance, they will implement corrective action.

The Office of Field Operations, Detention and Removal Unit, has been instructed to conduct samplings of criminal cases identified in the Deportable Alien Control System (DACS) to insure compliance with existing standards. The issue of compliance with standards will be further addressed where warranted.

U.S. Department of Justice Immigration and Naturalization Service

HQOPS 50/14

MEMORANDUM FOR:	The Acting Commissioner
FROM:	Michael A. Pearson Executive Associate Commissioner Office of Field Operations
SUBJECT:	Review of Immigration and Naturalization Service's Escort of Criminal Aliens Inspection Number A-2001-01

Headquarters Office of Detention and Removal (HQDRO) has reviewed INS' Escort of Criminal Aliens, Inspection Number A-2001-0l and submits the following responses:

RECOMMENDATION 1: Direct the districts to ensure that all Group 3 aliens are properly escorted.

INS Response: A memorandum will be issued within thirty days, directing the field to comply with the escort policy. Concurrently, regional offices of detention and removal will be instructed to include oversight of escorts in their routine field audits.

HQDRO will audit the Removal and Escort Country Clearance (RECC) notices for compliance and immediately inform field and regional offices of non-compliance. Coupled with a proposal for centralized ticketing that would incorporate the RECC and Escort Policy in a singular site, an auditing process with instant feedback to. the field will be developed.

RECOMMENDATION 2: Train those involved in making escort determinations in the use of the INS escort standard.

INS Response: Concur. A conference regarding the escort policy was held during the week of February 26, with various field and regional components in attendance. It was agreed that training in the classification and use of the escort policy needs to be conducted to ensure consistency and compliance. A training module will be scheduled for the Detention and Deportation Conference currently planned for October 2001. This training will be for Field Program Managers and Supervisors in the use of the INS Escort Policies and practical application of the policies. Headquarters Training will be approached with a proposal of a training curriculum by the end of May 2091.

HQDRO will provide national oversight, implement changes where necessary, and provide feedback from foreign offices. HQDRO will approach the Immigration Officer Basic Training Center, Glynco, Georgia, to add this policy in their training curriculum for all journeyman-level detention enforcement officers and journeyman-level deportation officers.

RECOMMENDATION 7: Require that contracts with state and local detention facilities holding INS detainees include a provision requiring that INS be informed of any violent or disruptive behavior by illegal aliens detained in their facilities.

INS Response: Concur. The INS will take all reasonable steps to ascertain the necessary information to properly classify the alien for escort purposes from all sources. If the detainee is in INS custody under a formal Intergovernmental Services Agreement (IGSA), modifications will be made to the language of the agreement to include the necessary reports for the detaining authority. INS anticipates having this completed by July 15, 2001.

In the case of a sentenced prisoner who will eventually be remanded to the INS, the detaining authority will be asked to provide any information regarding behavior during incarceration. This information will be used in the classification of the alien for escorting purposes.

RECOMMENDATION 8: Ensure adequate notification to and coordination with DOS relating to INS' removal process.

INS Response: Concur. Several meetings have been held with Department of State (DOS)/Diplomatic Security Service in order to create and implement a methodology to improve the current system. A prototype for an improved RECC notice is currently being developed that contains safeguards and mandatory fields prior to transmittal to DOS. Distribution and training is projected for May 30, 2001.

HQDRO is exploring a centralized ticketing plan that would incorporate the transmission and response of the RECC notices at a singular site, which will insure consistency, quality control and record maintenance. A proposal will be drafted and explored with the U.S. Marshall Service by September 30, 2001.

HQDRO will prepare a request for a position in the FY 03-budget cycle to assign to DOS as a removal liaison officer. This position will allow increased communication between the INS and DOS. It must be noted that this position is not for the purpose of creating RECC notices for transmittal to foreign posts, rather to ensure INS compliance with procedures and to assist DOS in understanding the needs of the agency.

If you have any questions, please contact Mr. Emilio Saenz at (202) 616-7800.

U.S. Department of Justice Immigration and Naturalization Service

HQDDP 50/10

MEMORANDUM FOR:	The Acting Commissioner
FROM:	Michael D. Cronin Acting Executive Associate Commissioner Office of Programs
SUBJECT:	Review of INS's Escort of Criminal Miens Inspection Number A-2001-00l

The Office of Programs has reviewed the Office of the Inspector General (OIG) report dated March 14, 2001. The report concluded that Immigration and Naturalization Service (INS) districts are not consistently adhering to the INS escort standard. Of particular concern was their finding that Group 3 aliens (typically criminal aliens) had been improperly transported on commercial flights in violation of the INS escort policy. The findings were discussed with Detention and Removal officials at INS headquarters who indicated that as part of restructuring, a compliance unit is being created to monitor field activities and to ensure that program goals are met and policies are followed.

Regional Directors were instructed to implement procedures whereby each District Director performs quarterly reviews of criminal deportation cases, certifies compliance with the escort standard, maintains records for accountability, and in instances of non-compliance, implements corrective actions.

Additionally, the Office of Programs, Office of Detention and Deportation (HQDDP) is working to include a means to review compliance with the escort policy in the new Enforcement Case Tracking System (ENFORCE) module and include adherence to the escort policy as an inspectional item on INSpect site visits.

The OIG recommended that the INS Escort Policy be reviewed to consider the inclusion and exclusion of certain aliens from the escort policy standard. The policy was reviewed and absent additional clarification from the 01G. no action was deemed required. The OIG also recommended that the INS clarify internal responsibilities concerning airline notification in cases of a turn-around of an alien with a violent criminal background. Clarification was provided.

The following is the Office of Programs response to recommendations three, four, five, and six of the report.

RECOMMENDATION 3: Implement procedures whereby each District Director performs quarterly reviews of criminal deportation cases, certifies compliance with the escort standard, maintains records for accountability, and in instances of non-compliance, implements corrective actions.

INS Response: Concur. Case reviews are warranted. In an effort to ensure compliance with existing standards, or the correction of instances of non-compliance, reviews of criminal deportation cases are warranted. Field units will be directed to insure compliance with the escort policy. Regional offices will be instructed to conduct self-audits of the districts under their supervision to insure compliance with the INS Escort Policy.

The Office of Detention and Removals will audit field activities. This will be accomplished by performing case reviews of samplings from criminal cases identified in the Deportable Mien Control System to insure that consistent adherence to standards of the INS escort policy are being maintained. Additional measures will be taken, if warranted, based upon the findings of these samplings.

RECOMMENDATION 4: Require the INSpect program to verify adherence to the INS escort standard when performing its inspection at INS Districts.

INS Response: Concur. HQDDP has contacted the Office of Internal Audit. Both offices have expressed their willingness to include inspections of compliance of the INS escort standard during INSpect visits.

RECOMMENDATION 5: Assess existing escort policy to consider inclusion of violent and disruptive illegal aliens, such as known members of violent organizations, and elimination of those aliens who are unlikely to cause a threat to the traveling public, such as some who were vulgar or verbally abusive.

INS Response: Concur. The INS reviewed the existing escort standard in consideration of the recommendation made by the OIG and interprets the existing standards as currently inclusive of violent and disruptive aliens as well as those who were vulgar or verbally abusive.

The Escort Policy/Standard indicates that a supervisor shall be required to make an assessment of the detainee. Factors considered shall include the detainee's known criminal background, past behavior and potential risk to the pubic. The elimination of groups of aliens per the OIG recommendation would tend to restrict the decision-making ability and the discretion of the supervisor who is in the best position to determine the risk assessment. The INS is open to review recommendation 5 should the OIG determine that clarification of the recommendation is necessary.

RECOMMENDATION 6: Clarify internal INS responsibilities and policy on turn-arounds, including when such aliens are to be escorted and when the airlines should be notified on the presence of an unescorted alien with a violent criminal background.

INS Response: The current INS escort policy does not address carrier responsibilities in cases of turn-arounds. The guidelines only govern where the INS has responsibility for removal.

The INS agrees that guidance in the area of carrier responsible removals is warranted. A memorandum to the field will be issued.

In cases where, at the time of the turn-around, the INS has information concerning an individual with a criminal background or a history of violent behavior, the INS has a responsibility to inform the carrier of the nature of the alien's refused entry. This will answer cases of concern to the 01G.

In addition, in those cases where an alien becomes disruptive subsequent to the alien's request for entry, the INS is under an obligation to inform the airline of such factors. This information will be provided so that the carrier can make appropriate preparations to remove their passenger from the United States.

The decision to escort or not to escort an alien in such situations and the costs incurred in the removal of the alien from the United States is upon the carrier.

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