Unaccompanied Juveniles in INS Custody
Report Number I-2001-009
September 28, 2001

Office of the Inspector General's Analysis of Management's Response

On August 15, 2001, the Evaluation and Inspections Division sent copies of the draft report to the Commissioner, Immigration and Naturalization Service (INS) with a request for written comments. The Commissioner responded by memorandum dated September 25, 2001 (APPENDIX V). INS concurred with all the recommendations. Our analysis of the INS's response to each of our 28 recommendations follows.

Recommendation 1 - Resolved - Open. The INS plan to develop a specialized residential pilot program during FY 2002 to serve non-delinquent juveniles who would otherwise be placed in a secure facility is responsive to the recommendation and to recommendation 17. Please provide by January 4, 2002, a status report on the specialized residential pilot program.

Recommendation 2 - Resolved - Open. The INS plan to identify effective resources and opportunities to more fully comply with the requirement for weekly visits to the juveniles and to the facilities is responsive to the recommendation. Please provide by January 4, 2002, a copy of the new guidelines sent to the field offices.

Recommendation 3 - Resolved - Open. The INS intent to send a memorandum to the field offices regarding adherence to the policy for same-sex escorts of juveniles, and including the policy in the planned update of policy and procedures, is responsive to the recommendation. Please provide by January 4, 2002, a copy of the memorandum sent to the field offices.

Recommendation 4 - Resolved - Open. The INS response that it is developing options to document the transportation and custody of juveniles is responsive. Please provide by January 4, 2002, a copy of the interim procedures that the INS has implemented to ensure that field offices maintain complete juvenile accountability records.

Recommendation 5 - Resolved - Open. The INS plan to review and include an updated escort policy in the Juvenile Protocol Manual by October 2003 is responsive. Please provide by January 4, 2002, a clarified escort policy that will be enforced in the interim.

Recommendation 6 - Resolved - Open. The INS reference to the secure detention standards is responsive, but secure facilities do not differentiate between non-delinquent juveniles and juvenile offenders in their use of restraints. The long-term solution to the problem is INS's proposal to remove non-delinquent juveniles from secure facilities outlined in recommendation 1. In the interim, please provide by January 4, 2002, procedures for limiting the use of restraints on non-delinquent juveniles in the custody of INS officers or in secure facilities.

Recommendation 7 - Resolved - Open. The INS modified policy and inspection standard for telephone use is responsive, as is the INS plan to review the facility agreements to ensure that compliance with the standard is upheld during annual inspection by June 2002. Please provide by January 4, 2002, interim steps to make sure that all facilities are aware of their respective telephone use requirements.

Recommendation 8 - Resolved - Open. The INS plan to review existing procedures and develop and implement a system to better ensure compliance with the 3-to-5-day placement requirement, including identifying and resolving "roadblocks" by June 2002, is responsive. Please provide by January 4, 2002, the status of the plan, including how JAMS data will be specifically used in this effort.

Recommendation 9 - Resolved - Open. The INS's continued efforts to identify strategies to designate and train back-up juvenile coordinators and the request for additional positions and the formula used to identify the number of personnel needed is responsive. Please provide by January 4, 2002, alternatives for Detention and Removal in the absence of additional dedicated resources for FY 2002 and FY 2003.

Recommendation 10 - Resolved - Open. The INS plan to develop and disseminate a series of reminder memorandums and informational packages by November 2001 is responsive. Please provide by January 4, 2002, copies of the reminders specific to the recommendation that have been sent out to the field.

Recommendation 11 - Resolved - Open. The INS agrees that it will provide a list of all approved juvenile housing facilities to the districts and Border Patrol sectors with the stipulation that no juveniles will be placed in a facility without the prior notification of the juvenile coordinator. Please provide by January 4, 2002, evidence that this list has been disseminated.

Recommendation 12 - Resolved - Open. The INS stated that the JAMS system contains a list of all juvenile facilities, but we found it to be out of date as recently as July 2001. Please provide by January 4, 2002, documentation that the JAMS has been updated and with a copy of the revised list of juvenile facilities.

Recommendation 13 - Resolved - Open. The INS plan to work with the Border Patrol to designate juvenile coordinators for each sector by October 2002 is responsive. Please provide by January 4, 2002, a list of Border Patrol sector juvenile coordinators.

Recommendation 14 - Resolved - Open. The INS response to this recommendation is similar to the response to recommendation 9. Until the program receives formally approved positions, districts should take alternative actions to support the program. Please provide by January 4, 2002, a copy of the staffing plan, and alternatives for Detention and Removal in the absence of additional dedicated resources for FY 2002 and FY 2003.

Recommendation 15 - Resolved - Open. The INS states that the contract compliance issues identified in the report were addressed and corrected. In addition, INS agrees to develop a system that better monitors compliance and ensures accountability by October 2002. Please provide by January 4, 2002, the updated language of the cooperative agreement and the status of the compliance monitoring system.

Recommendation 16 - Resolved - Open. The INS agrees to survey the field to identify the districts that routinely meet with juvenile program stakeholders and encourage all districts to do so. In addition, the INS states they will develop a reporting mechanism for these activities by December 2001 and headquarters staff will begin to more regularly attend these meetings to support and monitor their progress. Please provide by January 4, 2002, the status of these efforts.

Recommendation 17 - Resolved - Open. The actions INS is taking to develop a national plan for assessing its bed space needs are responsive to the recommendation. A more formal methodology and model are to be developed and incorporated into the strategic plan by October 2002. Please provide by January 4, 2002, documentation of bed space being pursued. Please also provide the status of the formal methodology being developed.

Recommendation 18 - Resolved - Open. The INS states that JAMS is the tool for monitoring non-delinquent juveniles in secure facilities. Please provide by January 4, 2002, the results of the analysis of JAMS data on instances of non-delinquents in secure facilities.

Recommendation 19 - Resolved - Open. The INS states that this process is already in place. Please provide by January 4, 2002, a report on the current status of facility inspections and a copy of the procedures that are in place.

Recommendation 20 - Resolved - Open. The INS plans to better monitor and collect significant incident reports. The INS is also working on a database to capture the information and make it available to the field and headquarters by March 2002. Please provide by April 5, 2002, any specific actions taken to improve the process and a status report on the database.

Recommendation 21 - Resolved - Open. The INS agrees to regularly review JAMS and DACS data to ensure that the basic identifying data match and are accurate. The INS has started to perform data checks on both systems to monitor accuracy. Please provide by January 4, 2002, examples of the results of the monitoring and the steps that will be taken to improve future accuracy.

Recommendation 22 - Resolved - Open. The INS plan to evaluate and revise, where needed, existing policies and procedures and to disseminate any revisions to the Juvenile Protocol Manual by October 2002 is responsive. Please provide by January 4, 2002, any plans to update the Juvenile Protocol Manual and any examples of changes made to the manual and posted to the INS electronic bulletin board.

Recommendation 23 - Resolved - Open. The INS agrees to review the definition of INFLUX and provide instruction to the field on its appropriate use in November 2001. INS headquarters will also monitor the use of the term immediately. Please provide by January 4, 2002, documentation of the training provided, to whom it was given, and any revisions to the definition.

Recommendation 24 - Resolved - Open. The INS will revise the INSpect guide to further address controls in the process by October 2002. Please provide the revised INSpect guide by January 4, 2002.

Recommendation 25 - Resolved - Open. The INS agrees to work with appropriate departments within headquarters and the training academies to identify training issues and needs, and to develop and implement post-academy training by June 2003. Please provide by January 4, 2002, the interim steps for providing post-academy training or refresher courses, and the status of the training plan.

Recommendation 26 - Resolved - Open. The INS states that the District Directors currently have the discretion to release juveniles to a responsible sponsor if a parent is unwilling to come forward. Please provide by January 4, 2002, documentation of this policy that supersedes the one set forth in the November 1999 letter to the voluntary agencies. Also, please provide any guidance that is provided to the District Directors on controlling discretionary release of juveniles.

Recommendation 27 - Resolved - Open. The INS agrees to evaluate the home assessment process and incorporate the evaluation in the juvenile program's strategic plan that is to be completed by February 2002. Please provide by April 5, 2002, the changes incorporated into the strategic plan that relate to home assessments.

Recommendation 28 - Resolved - Open. The INS states that they have been meeting with EOIR for three years on a variety of juvenile issues and that it will encourage and initiate more frequent meetings in order to address critical issues relating to alien juveniles in INS custody. Please provide by April 5, 2002, a status report on the resolution of this issue with EOIR.