OFFICE OF THE INSPECTOR GENERAL'S ANALYSIS
OF MANAGEMENT'S RESPONSE
On June 11, 1998 the Inspections Division sent copies of the draft report to INS with a request for written comments. INS responded by memorandum from the Commissioner dated August 14, 1998 (APPENDIX II).
Recommendation Number:
1. Resolved-Open. The Border Patrol concurred with our recommendation to develop and implement policies regarding proper drug storage procedures. The Border Patrol's response is to establish an Evidence Procedures Team that will develop an evidence-handling policy for the Border Patrol. Included in the policy will be drug storage procedures and specifications for approved drug storage containers and facilities. The policy will be forwarded to the Office of Policy and Planning for review by October 1, 1998.
Please provide us with a copy of the policy approved by the Office of Policy and Planning.
2. Resolved-Open. The Border Patrol concurred with our recommendation to examine drug storage facilities at Border Patrol stations on the Southwest border and improve the security of these facilities where they are deficient. The Border Patrol's response is that the Evidence Procedures Team will recommend specific measures to bring the storage facilities into compliance after they inspect drug storage facilities and identify deficient facilities. Headquarters Border Patrol will coordinate with the INS Office of Budget, INS Facilities and Engineering, and INS Security to request necessary funding and upgrade the deficient facilities.
Please provide us with a copy of the list of facility deficiencies and a proposed schedule of long and short term facility improvements.
3. Resolved-Open. The Border Patrol concurred with our recommendation to establish procedures for implementing a drug seizure logbook, independent of the I-44 form, to maintain accountability of seized drugs at all Border Patrol stations. The Border Patrol's response is that the Evidence Procedures Team will develop a policy to establish a system to maintain accountability of seized drugs at all Border Patrol stations. This policy will be forwarded to the Office of Policy and Planning for review by October 1, 1998.
Please provide us with an approved policy from the Office of Policy and Planning.
4. Resolved-Open. The Border Patrol concurred with our recommendation to designate evidence custodians to oversee drug evidence handling, storage, and transfer procedures, and to ensure the use of evidence custody logs for chain of custody of drug evidence at all Border Patrol sectors and stations. The Border Patrol's response is that the Evidence Procedures Team will create such policy and forward it to the Office of Policy and Planning for review by October 1, 1998.
Please provide us with a copy of the approved policy from the Office of Policy and Planning.
5. Resolved-Open. The Border Patrol concurred with our recommendation and concurred in part with our finding. In the Border Patrol's response to our findings on pursuit and apprehension, the Border Patrol added the checkpoint cases into the total of the pursuit and apprehension cases, which increased apprehensions to 79 percent. However, we specifically state in the report that we did not include these checkpoint cases into our analysis because checkpoint cases rarely involved pursuit and, in the few that did, the pursuit was vehicular and not similar in nature to that of the border operations cases. Therefore, we indicated that the Border Patrol was unsuccessful in 36 percent of pursuits and successful in 64 percent of pursuits with a viable suspect. In response to our recommendation, the Border Patrol stated that it will issue a memorandum to agents in the field and reemphasize training at the academies to stress the importance of making an arrest in drug seizure cases. The Border Patrol's response is to issue such a memorandum by September 1, 1998.
Please provide us with a copy of the memorandum.
6. Resolved-Open. The Border Patrol concurred in part with our recommendation to develop and implement policies and guidelines governing the processing of aliens involved in drug seizure cases to ensure immigration violations are addressed following criminal prosecution, or immediately in cases that will not be prosecuted. The Border Patrol's response is that current policies and guidelines already exist governing the processing of removable aliens. However, the Border Patrol will issue procedures to ensure that detainers will be placed on all removable aliens involved in drug seizure cases who are referred for criminal prosecution. They will issue instructions by September 1, 1998 to the field requiring a tracking system for these detainers.
Please provide us with a copy of the procedures and instructions.
7. Resolved-Open. The Border Patrol concurred with our recommendation to implement guidelines to ensure that detainers are issued on all aliens apprehended in drug seizure cases that are turned over for prosecution and to immediately issue detainers on the remainder of the 18 deportable aliens identified in our case sample who are still in custody without INS detainers. The Border Patrol's response is to issue guidelines by September 1, 1998. The OIG has received a copy of the memorandum dated June 15, 1998 informing the Assistant Regional directors for Investigations of the18 deportable aliens identified in the OIG case sample.
Please provide us with a copy of the guidelines.
8. Resolved-Open. The Border Patrol concurred with comments to our recommendation to issue policy clarifying that voluntary returns and voluntary departure should not be granted when there is reason to believe that the illegal aliens are engaged in drug trafficking. The Border Patrol's response is that policy and guidelines currently exist governing the processing of these aliens. However, they will issue guidance to the field reminding the agents to carefully weigh all of the factors involved in a specific case when deciding whether to grant an illegal alien voluntary departure or whether to process the alien for formal removal proceedings. The Border Patrol will also remind the field that the Immigration and Nationality Act, as amended, prohibits granting voluntary departure to an alien who is an aggravated felon. This guidance will be issued by September 1, 1998.
Please provide us with a copy of the guidance provided to the field.
9. Resolved-Open. The Border Patrol concurred with our recommendation to implement policy regarding intelligence collection that requires agents to fingerprint all aliens apprehended in drug seizure cases. The Border Patrol's response is that the fingerprint policy is undergoing revision in response to an OIG report on IDENT. Included in the revised policy is the requirement to enroll all aliens in the IDENT lookout database whom an officer reasonably believes are or have been involved in drug trafficking. This policy will be issued to the field by September 1, 1998.
Please provide us with a copy of the instructions.
10. Resolved-Open. The Border Patrol concurred with our recommendation to ensure that the Border Patrol recognizes the importance of interdiction intelligence available from drug-smuggling suspects and coordinates with DEA so that each agency has ample opportunity to obtain information from suspects during questioning. The Border Patrol's response is to send instructions to the field requiring a designated Border Patrol agent to assess the liaison with DEA and the availability of the drug interdiction intelligence from DEA. While we think an assessment is needed, the Border Patrol does not mention any action that will be taken as a result of the assessment. Instructions for the assessment will be sent to the field by September 1, 1998.
Please provide us with a copy of the assessment and a plan for addressing the issues identified in the assessment.
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