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Chapter 4 continued page 2 [of 3]
National Fugitive
Operations Program (NFOP)- The Absconder Apprehension Initiative (AAI)
announced the Deputy Attorney General's directive of January 25, 2002,
indicated that there is a significant backlog of unexecuted final orders of
removal. The NFOP will target this backlog by facilitating the apprehension and
subsequent removal of those fugitives. The goal over the next ten years will be
to eliminate this backlog and to ensure that our efforts in terms of
apprehension and removal of fugitive cases equals the number of new cases
falling into this category.
1.1.3: Manage an enhanced Institutional
Removal Program with other custodial agencies (e.g., state early release
program for deportation) after completing an effective and proper transition
from the Investigations program.
Institutional Removal Program
(IRP) Transition- The purpose of the IRP is to ensure that aliens convicted of
crimes in the U.S. are deported directly from correctional institutions,
precluding their release into the community. To improve the efficiency of the
IRP, the mission will be transferred from the ICE Investigations Program to
DRO. This transfer will result in more efficient processing and better
continuity in case management. These efficiencies will permit more aliens to be
processed while incarcerated, thereby reducing the potential demand for ICE
detention space. Overall, improved effectiveness of the IRP will increase the public safety, reduce the
potential for future crimes, and enhance the welfare of our society.
Criminal Alien
Removals-IEA Reclassification- The transition of the IRP Program into DRO will
include the transfer of approximately 301 Immigration Agent (IA) positions from
Investigations and will combine them with the existing DRO Detention
Enforcement Officer (DEO) force. These two positions will be merged into
one Immigration Enforcement Agent (IEA) to make the duties and responsibilities
of these officers more appropriate to the work that they must complete.
Creation of the IEA will make this entry-level position a true foundation for
an officer's career development. This will afford those who are interested the
opportunity to apply for any of the senior officer positions and continue their
career growth within ICE. It will also allow a more seamless transition, and
ultimately successful management, of the IRP.
1.1.4: Build partnerships
with all stakeholders to facilitate the removal process.
(1.2) Objective Two:
Support ICE efforts to deter illegal migration.
1.2.1: Build partnerships,
and report on success as well as failures, with the DOJ and/or U.S. Attorney's
Office to enforce an effective and deterrent prosecutorial program through the
enforcement of existing INA statutes and sentencing and to expedite the removal
process.
• Coordinate the development
and implementation of fines and penalties to create deterrence to violation of
INA and U.S. immigration laws and proceedings.
• Establish and enforce a
national prosecutorial program with respect to DRO-related offenses (e.g.,
re-entries after deportation).
• Propose legislation for
"automatic sentencing" in all criminal conviction cases (federal and state)
involving aliens present in the U.S. in violation of the INA; that will put the
re-entry violator behind bars without the need for additional prosecution if
removed originally as a result of a criminal conviction.
1.2.2: Acquire, deploy, and
use current and future technologies such as retina, DNA, and/or fingerprint
samplings to positively identify aliens currently and previously involved in
the removal process.
DRO Goal Two-Custody
Management: Provide for the safe, secure and humane confinement of persons
detained In accordance with immigration law.
Processes within the custody
management function serve as critical tools to effect removals. Custody
management methods and procedures are extremely visible and highly scrutinized,
and must reflect and support changes in immigration enforcement policy.
Immigration and removal policy over the years has generated a greater and more
diverse population of aliens that need to be detained and removed. Therefore,
detention strategies and resources must be enhanced along with other programs
and initiatives to ensure they are properly supported and can be accomplished.
In support of its vigorous removal strategies, DRO must implement the following
initiatives to bolster detention operations to a successful level.
(2.1) Objective One:
Provide safe, secure and humane detention facilities and methods. (Methods are
defined, for example, as the nature and extent of the restraints, depending on
the characteristics of the detainee).
2.1.1: Ensure facilities
comply with recognized building and safety codes as well as national detention
standards.
Detention Standards-Quality
Assurance/Compliance-Through this initiative, ICE will continue to inspect
Service Processing Centers (SPCs), contract facilities and jails, and place an
on-site officer at larger contract and inter-governmental service agreement
sites as a liaison to aid in addressing daily detainee issues. This initiative
will also allow ICE to conduct three reviewer-training classes (50 per class)
and establish a contract for assistance in conducting quality assurance
reviews. ICE will also review SPC Emergency Plans, develop and implement a
standard for Facility Emergency and Disturbance Control Plans, and amend,
develop and implement Detention Standards as indicated by the quality assurance
reviews.
Detention Facility
Staffing- This initiative will improve the staff-to-workload ratio to
enhance the rate of removals. It will also improve the ratio of DRO to contract
officers to enable improved efficiency and security through increased
flexibility in staff utilization.
Chaplaincy- In
accordance with prescribed detention standards, DRO will place a chaplain in
each of its Service Processing
Centers (SPCs). This will ensure that detainees of different faiths are
provided reasonable and equitable opportunities to pursue their respective
religious practices.
Health Care- ICE
will expand the health care delivery system to fit current and future needs in
the most cost-effective way. This includes increasing the services currently
provided by the Public Health Service (PHS). It also includes an overall
upgrade of the Immigration Health Information System (IHIS), involving the
creation of an electronic surveillance system for communicable diseases that
will help to control costs and significantly increase administrative
efficiency. This initiative will allow ICE to maintain appropriate staff levels
to provide the health care needed by detainees. It will especially enhance the
movement of detainees to the most optimal site based on their health
conditions, and will clear them for removal more quickly.
2.1.2: Ensure detainees are
properly classified for risk and placed accordingly.
2.1.3: Ensure officers have
the knowledge, skills and abilities needed to enforce compliance with detention
standards and guidelines.
(2.2) Objective Two:
Optimize detention space/system. (This objective will be accomplished in
concert with other federal detention agencies as the DHS and other government
entities are organized.)
2.2.1: Ensure sufficient and
appropriate bed space is available based on detention category, characteristics
and conditions of release.
2.2.2: enhance partnerships
with other federal detention agencies for better use of their resources to
include facilities and training.
2.2.3: Develop a National
Custody Management Plan promoting the effective utilization of available bed
space and alternative detention settings.
In response to its fiscal
stakeholders, DRO will develop a national custody management plan to ensure
that facility use is standard throughout the country and that bed space used is
optimized for cost efficiency. Additionally, bed space use will be integrated
with the optimization of transportation procedures in support of the overall
removal effort. DRO's partnering program will be expanded to this arena to
ensure that detention needs are satisfied where and when they are needed, in an
appropriate and civil manner.
Released Alien
Monitoring- Non-Detained Docket Management-To create and implement
cost-effective programs for custody and release that enable the ICE to better
utilize its bed space, resources, and manpower while maintaining compliance
with immigration law, DRO will expand its alternatives to detention program.
This program currently includes non-traditional detention facilities such as
halfway houses and family shelters. DRO will also pursue the deployment of an
"intensive supervision program" for both criminal and non-criminal aliens.
Findings of an accomplished pilot project reveal that there are effective
options to "traditional" detention methods. Detention bed space made available
by eligible detainees selected to participate in "alternatives to detention"
will be back-filled with incoming detainees. Through this initiative, DRO
expects to increase the rate of appearance by ten points each year until
reaching 100 percent appearance.
2.2.4: Develop transportation
and logistics systems to optimize the efficient use of bed space and support
removal operations.
National Fleet System-
A comprehensive National Transportation Plan will be developed to maximize use
of DRO's limited air and ground resources while ensuring efficiency. A National
Strategy will consider all needs and propose a plan for coordinated ground and
air movements on a nationwide basis, thus saving money and staff resources. The
plan will also suggest methods and procedures to maintain a ready
transportation fleet that is both safe and secure.
(2.3) Objective Three:
Provide alternative detention settings and methods. (This objective will be
accomplished in concert with other federal detention agencies as the DHS and
other government entities are reorganized.)
2.3.1: Develop and implement
an effective monitoring program for aliens released on supervision,
recognizance or bond using a variety of methods, including technology.
2.3.2: Explore options to
establish, as appropriate, non-traditional detention settings for asylees and
non-violent aliens.
Soft Detention-
This initiative will provide softer but still safe, secure, and humane
detention for adult asylum seekers and family groups. The Ice detained
population has grown in both numbers and diversity in recent years and the
method for detaining that population must also change. For example, under
current conditions, family groups are often held in hotels because there are
not adequate facilities available to house both adults and juveniles together.
Also, many asylum-seekers would be more appropriately placed in a setting for
non-criminals who pose very little risk of flight or danger to the community.
DRO Goal Three-
Non-Detained Docket: Provide effective control of persons released into the
community during immigration proceedings or while awaiting removal.
(3.1) Objective One:
Ensure that released individuals comply with the conditions of their release.
3.1.1: Develop an effective
non-detained case management program that:
1. Utilizes a variety of
methods and available technology;
2. Implements uniform
reporting procedures for all released aliens appropriate to their risk and
released status;
3. Enforces the appropriate
consequences for those in violation of the conditions of their release; and
4. Eliminates the backlog of
unexecuted final orders of removal.
3.1.2: Explore options to
establish, as appropriate, non-traditional detention settings such as halfway
houses or work release centers for non-removable low risk criminal aliens.
Alternatives to
Detention- DRO's custody management will not be limited to routine
detention. DRO will support several Attorney General mandates with alternatives
to detention and alternative settings. DRO staff is working with other offices
within the DOJ to develop methods to monitor and manage individuals who do not
pose a threat to society and do not need to be detained. By releasing this type
of individual, bed space is liberated for those individuals demanding
controlled detention. These released (non-detained) individuals, however, must
be managed to ensure their compliance with release guidelines.
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