11/5/07 6:30 AM

GAO Faults ICE on Identifying, Removing Illegal Aliens

By Bill Leonard

The Bush administration’s effort to increase enforcement of federal immigration laws is stretching the resources of U.S. Immigration and Customs Enforcement (ICE) to the limit, and agency officials need an updated set of guidelines when investigating and apprehending suspected illegal immigrants and undocumented workers, according to a report by the U.S. Government Accountability Office (GAO) released Oct. 15, 2007.

Several members of Congress asked the GAO to conduct the study after ICE investigators arrested thousands of undocumented workers in a series of high-profile workplace raids in late 2006 and early 2007. Immigration advocacy groups and politicians criticized the raids, saying that ICE did not consider how the raids would disrupt the lives of families who depended on these workers.

A raid conducted on Michael Bianco Ltd., a leather goods manufacturer in New Bedford, Mass., in March 2007, made headlines around the country when 361 undocumented workers were arrested. More than 200 of them were sent to a federal detention center in Texas, which left by some estimates more than 300 school-age children without any means of support. Dozens of the detainees were later released.

Following the incident, ICE officials said investigators had to make decisions on the best information available. Agency officials added that investigators do have some leeway when deciding to apprehend undocumented workers who are the primary or sole caregivers for children.

The GAO report found that current ICE guidelines do allow investigators to exercise discretion when arresting illegal immigrants. ICE officers told GAO researchers that the agency has specific policies for dealing with illegal immigrants who are identified as criminals or fugitives. However, these guidelines are much broader when encountering illegal immigrants who are not wanted on criminal charges or pose little threat to national security.

The GAO study concluded that the primary problem facing ICE investigators was the lack of a clear guideline on how to use information gathered by the agency during the course of an investigation. In its report to Congress, the GAO recommended that ICE update guidelines on what officers should consider when deciding whether to arrest and remove an illegal immigrant. In addition, the report recommended that ICE develop a specific timeline for deciding when to begin deportation proceedings.

“The ICE does not have a mechanism to ensure the timely dissemination of legal developments to help ensure that officers make decisions in line with the most recent interpretations of immigration law,” the report stated. “As a result, ICE officers are at risk of taking actions that do not support operational objectives and making removal decisions that do not reflect the most recent legal developments.”

Since ICE has expanded its worksite enforcement, the probability that field officers will have to exercise more discretion when encountering illegal immigrants who “present humanitarian issues” has increased significantly, the report found.

“And with these expanded operations, the need for up-to-date and comprehensive guidance to reduce the risk of improper decision-making becomes increasingly important,” the GAO stated.

According to government statistics for fiscal 2006, ICE officials made 716 criminal arrests and 3,667 administrative arrests in worksite investigations. Administrative arrests refer to undocumented workers who are in the United States illegally but have not been charged with criminal violations.

From October 2006 to July 2007, ICE officials made 742 criminal arrests and 3,651 administrative arrests during workplace investigations and raids. The arrests of undocumented workers for 2006 and part of 2007 exceeded the combined arrests for ICE worksite enforcement from 2002 to 2005, the statistics show.

ICE officials told GAO researchers that many undocumented workers do not divulge their status as sole caregivers for children. The GAO report concluded that better and faster delivery of accurate information would help ICE investigators make decisions in these situations.

Complicated cases like the one in the Massachusetts raid “demonstrate the need for up-to-date and comprehensive guidance that supports ICE’s operational objectives and uses government resources in the most effective and efficient manner,” the report stated.

Officials with the Department of Homeland Security (DHS) agreed with the GAO report and said they would begin implementing most of the recommendations.

One step the DHS has already taken is improving the training of ICE supervisors, which emphasized the importance of providing information as fast as possible to agents in the field. The DHS is exploring ways of using improved wireless technology and hand-held electronic devices to disseminate information faster and more accurately.

Bill Leonard is senior writer for HR News.

Related Articles:

DHS Again Barred from Enforcing SSN ‘No-Match’ Rule, HR News, Oct. 11, 2007

Judge Blocks Immigration Enforcement Rules, HR News, Sept. 4, 2007

Employer Groups Ponder Effect of Immigration Crackdown, HR News, Aug. 16, 2007

DHS Finalizes New Rule on No-Match Letters, HR News, Aug. 13, 2007

Once Again, Immigration Reform Stalls in Senate, HR News, June 28, 2007

Immigration Reform Bid Stalls in the Senate, HR News, June 8, 2007

Meisinger: Reform Employee Verification System, HR News, June 8, 2007

New HR Coalition Seeks Reliable Employment Verification System, SHRM Online Global HR Focus Area, March 2007

Administration Officials Say Immigration Reform Has To Consider Business Needs, SHRM Online Global HR Focus Area, March 2007

U.S. Visa Process Is Long, Complicated for Employers Seeking Foreign Hires, SHRM Online Global HR Focus Area, February 2007

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