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ERO: Detention Management

ICE Enforcement and Removal Operations (ERO) manages and oversees the nation’s civil immigration detention system. ICE detainees placed in ERO custody represent virtually every country in the world, various security classifications, both genders and medical conditions ranging from healthy to terminally ill.

Non-U.S. citizens who are apprehended and determined to need custodial supervision are placed in detention facilities. Those who are released from secure custody constitute ERO's "nondetained" docket. Every case, whether "detained" or "non-detained," remains part of ERO's caseload and is actively managed until it is formally closed. ERO processes and monitors detained and non-detained cases as they move through immigration court proceedings to conclusion. At that point, ERO executes the judge's order.

Through an aggressive inspections program, ICE ensures its facilities follow ICE's National Detention Standards (NDS). ERO's Detention Standards Compliance Unit ensures that detainees in ICE custody reside in safe, secure and humane environments and under appropriate conditions of confinement.

The NDS were originally issued in September 2000 to facilitate consistent conditions of confinement, access to legal representation and safe and secure operations across the detention system. The standards established consistency of program operations and management expectations, accountability for compliance and a culture of professionalism.

ICE now uses Performance-Based National Detention Standards (PBNDS) that focus on results or outcomes. Each detention center must meet specified standards.

As part of the restructuring of the former INS, the Homeland Security Act of 2002 transferred the responsibilities related to the care and custody of unaccompanied alien children to the Department of Health and Human Services, Office of Refugee Resettlement. To that end, ERO developed policy and procedures regarding the appropriate case management of unaccompanied alien children in Federal custody while they wait for immigration proceedings. ERO coordinates closely with DHS partners to ensure the timely and safe transfer of unaccompanied alien children to the Office of Refugee Resettlement in accordance with both the Homeland Security Act of 2002 and the Trafficking Victims Protection Reauthorization Act of 2008.

Family Residential Centers maintain family unity as families go through immigration proceedings or await return to their home countries. ICE ensures that these residential centers operate in an open environment, which includes access to medical care, social workers, educational services, legal counsel and recreational opportunities. A language services program provides indigenous language interpretation for residents in family residential centers, to improve meaningful access to services within the centers.

To be eligible to stay at a residential center, the family cannot have a criminal history and must include a non-U.S. citizen child or children under the age of eighteen accompanied by his/her/their non-U.S. citizen parent(s) or legal guardian(s). With limited exceptions stays at residential centers are generally limited to 20 days.

Families are medically screened upon arrival by a licensed nursing staff that is on site 24 hours a day, seven days a week. The facilities provide ongoing medical, dental and mental health care as needed.

All school-aged children receive educational services by state certified teachers. The centers include communal activity rooms, social library, law library, televisions, recreation areas and toddler play areas. Residents have access to cafeterias with child friendly and cultural food choices offered three times a day. Refrigerators in common areas are stocked with fresh fruit, milk and water 24-hours a day. Families have access to an on-site commissary to purchase additional food, snacks and drinks.

Social and legal visitation opportunities are available to residents seven days a week.

ICE headquarters has a designated unit that oversees the compliance of family residential standards and manages an independent compliance inspection program through a contracted team of juvenile subject matter experts. 

ICE’s three Family Residential Centers (FRC) include:

As detailed in the June 2017 DHS Inspector General’s report, the family residential centers are “clean, well-organized, and efficiently run” and the agency was found to be “addressing the inherent challenges of providing medical care and language services and ensuring the safety of families in detention.”

ICE Enforcement and Removal Operations (ERO) manages and oversees the nation’s civil immigration detention system, detaining individuals in furtherance of their removal proceedings or to effect their removal from the U.S. after a final order of removal from a federal immigration judge. ICE detainees are housed in a variety of facilities across the United States, including but not limited to ICE-owned-and-operated facilities; local, county or state facilities contracted through Intergovernmental Service Agreements, and contractor-owned-and-operated facilities.

ICE is committed to ensuring that those in our custody reside in safe, secure and humane environments and under appropriate conditions of confinement. ICE makes custody determinations on a case-by-case basis, in accordance with U.S.law and Department of Homeland Security (DHS) policy, considering the merits and factors of each case while adhering to current agency priorities, guidelines and legal mandates. In making such determinations, ERO officers weigh a variety of factors, including the person’s criminal record, immigration history, ties to the community, risk of flight, and whether he or she poses a potential threat to public safety.

Congressional requirements described in the Department of Homeland Security Appropriations Bill (2019) require ICE to make the following data publicly accessible. ICE notes it is unable to provide detention data of aliens determined to have a credible or reasonable fear of persecution or torture as such information is not contained within ICE’s system of record.

 

ICE Currently Detained Population

Currently Detained Population by Arresting Agency as of 06/15/2019

Criminality ICE Percent ICE CBP Percent CBP Total
Total 19,144 36% 34,371 64% 53,515
Convicted Criminal 12,891 76% 4,171 24% 17,062
Pending Criminal Charges 4,458 79% 1,195 21% 5,653
Other Immigration Violator 1,795 6% 29,005 94% 30,800

 

Currently Detained by Processing Disposition as of 06/15/2019

Processing Disposition Count
Total 53,515
Expedited Removal (I-860) 28,047
Notice to Appear (I-862) 19,233
Reinstatement of Deport Order (I-871) 5,075
Other * 1,160

* Other processing dispositions may include, but are not limited to, aliens processed under Administrative Removal, Visa Waiver Program Removal, Stowaway, or Crewmember.


 

FY2019 YTD ICE Initial Book-Ins

ICE Initial Book-Ins by Facility Type: FY2019 through 06/15/2019

Detention Facility Type Convicted Criminal Pending Criminal Charges Other Immigration Violator Total
Total 109,184 28,982 269,632 407,798
Adult 108,982 28,895 236,308 374,185
Family 202 87 33,324 33,613

 

ICE Initial Book-Ins by Arresting Agency, Program, and Month: FY2019 through 06/15/2019

Agency Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Total FY
CBP 28,647 32,921 33,580 29,015 35,567 43,431 43,438 44,972 18,219 - - - 309,790
ICE 11,893 11,225 10,822 12,017 11,539 11,720 11,525 11,906 5,361 - - - 98,008
Total Book-Ins 40,540 44,146 44,402 41,032 47,106 55,151 54,963 56,878 23,580 - - - 407,798

 


 

FY2019 YTD ICE Average Daily Population and ICE Average Length of Stay

ICE Average Daily Population by Arresting Agency and Month: FY2019 through 06/15/2019

Agency Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep FY Overall
CBP Average 22,876 23,632 25,801 25,852 27,497 27,688 28,850 32,153 34,092 - - - 27,214
Convicted Criminal 5,328 5,188 5,416 5,386 5,603 5,633 5,261 4,734 4,471 - - - 5,267
Non-Criminal 17,548 18,444 20,386 20,466 21,894 22,055 23,589 27,419 29,621 - - - 21,947
ICE Average 21,365 20,707 20,475 20,600 20,991 21,240 20,420 19,565 19,535 - - - 20,601
Convicted Criminal 15,090 14,541 14,277 14,206 14,420 14,709 14,047 13,319 13,185 - - - 14,259
Non-Criminal 6,276 6,165 6,198 6,395 6,572 6,530 6,373 6,245 6,350 - - - 6,343
Average 44,241 44,339 46,276 46,453 48,488 48,927 49,270 51,718 53,627 - - - 47,816
Convicted Criminal 20,418 19,730 19,693 19,592 20,022 20,342 19,308 18,053 17,656 - - - 19,526
Non-Criminal 23,823 24,609 26,583 26,861 28,466 28,585 29,962 33,665 35,971 - - - 28,290

 

ICE Average Length of Stay by Arresting Agency and Month: FY2019 through 06/15/2019

Agency Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep FY Overall
CBP Average 25.3 23.3 22.7 26.2 21.2 19.0 19.7 20.4 25.6 - - - 22.1
Convicted Criminal 28.4 29.9 30.1 32.7 31.1 28.9 30.2 31.3 33.6 - - - 30.4
Pending Criminal Charges 39.5 38.4 31.6 31.7 33.4 28.8 30.4 31.3 31.0 - - - 32.5
Other Immigration Violator 24.2 21.3 21.2 24.7 19.4 17.2 17.6 18.4 24.1 - - - 20.3
ICE Average 53.5 58.0 59.1 55.2 53.8 52.3 54.9 52.8 52.7 - - - 54.8
Convicted Criminal 54.8 59.9 62.8 57.2 55.9 53.8 57.6 55.2 55.0 - - - 57.0
Pending Criminal Charges 50.7 51.9 51.3 51.7 50.9 51.9 53.9 50.9 46.1 - - - 51.3
Other Immigration Violator 50.2 58.2 50.9 49.5 46.3 43.4 41.2 42.5 52.6 - - - 47.5
Average 34.0 32.9 32.2 34.4 28.8 26.5 27.8 27.8 32.0 - - - 30.3
Convicted Criminal 44.4 47.2 50.6 48.1 46.3 43.5 46.4 45.6 46.8 - - - 46.4
Pending Criminal Charges 48.8 49.3 47.2 47.5 46.9 46.7 47.9 45.7 41.4 - - - 47.1
Other Immigration Violator 25.5 22.9 22.4 25.9 20.3 18.1 18.6 19.4 25.2 - - - 21.4

 


 

FY2019 YTD Overall Numbers for ATD

Description

ICE’s Alternatives to Detention (ATD) program is a flight-mitigation tool that uses technology and case management to increase aliens’ compliance with release conditions while they are on the non-detained docket. It is not a substitute for detention, but allows ICE to exercise increased supervision over a portion of those who are not detained.

The ATD program began in 2004 through the agency’s Intensive Supervision Appearance Program (ISAP) I contract. Currently, ATD - ISAP III utilizes modern technology and case management with the goal of more closely monitoring a small segment of cases assigned to the non-detained docket. There are currently over 3 million individuals assigned to the non-detained docket, many with pending cases before the immigration courts. Of these, approximately 100,000 are enrolled in ATD, or about 5 percent of the total non-detained population. The remaining 95 percent of the non-detained population are not subject to the enhanced supervision.

There are varying degrees of supervision and monitoring options available in the ATD - ISAP III program. On a case by case basis, local ICE ERO Deportation Officers determine the type and manner of monitoring that is appropriate for each participant, including the specific type of technology – global positioning system (GPS) tracking devices, telephonic reporting (TR), or a smartphone application (SmartLINK) – and case management levels, which include frequency of office or home visits. ICE may adjust the level of supervision required as the level of compliance either increases or decreases. There are several factors considered when reviewing a case to determine if they will be enrolled in the ATD program. Some examples are an individual’s criminal and immigration history; supervision history; family and/or community ties; status as a caregiver or provider; and other humanitarian or medical considerations.

Additionally, as instructed by Congress, ICE recently incorporated many of the Family Case Management Program (FCMP) principles into its traditional ATD program.These principles were incorporated into the current ATD ISAP III through a contract modification and are known as Extended Case Management Services (ECMS). These same services are available through the ECMS modification as they were available under FCMP with two distinct differences: ECMS is available in a higher number of locations and available at a fraction of the cost. While ECMS is a new program, ICE continues to identify and enroll eligible participants.

ATD Active Population by Technology and Area of Responsibility (AOR) as of 06/15/2019

AOR GPS SmartLINK TR Total
Atlanta 1,427 62 2,106 3,595
Baltimore 2,371 71 655 3,097
Boston 1,725 133 497 2,355
Buffalo 116 10 347 473
Chicago 3,178 891 2,952 7,021
Dallas 831 3 192 1,026
Denver 463 84 1,243 1,790
Detroit 1,342 1,726 3,695 6,763
El Paso 1,437 77 659 2,173
Houston 2,802 128 365 3,295
Los Angeles 3,657 506 7,385 11,548
Miami 5,130 416 1,745 7,291
New Orleans 2,935 262 545 3,742
New York 2,070 86 4,231 6,387
Newark 2,007 3,091 2,654 7,752
Philadelphia 817 701 422 1,940
Phoenix 749 75 86 910
Salt Lake City 795 672 1,548 3,015
San Antonio 1,397 96 500 1,993
San Diego 1,712 152 968 2,832
San Francisco 5,558 537 6,540 12,635
Seattle 1,114 628 1,675 3,417
St Paul 907 569 1,328 2,804
Washington, D.C. 2,597 869 671 4,137
Total 47,137 11,845 43,009 101,991

 

ATD Active Population by Technology and Family Unit Head of Household (HoH)/Single Adult Status as of 06/15/2019

Population GPS SmartLINK TR Total
Family Unit HoH 32,630 6,516 22,815 61,961
ECMS 0 0 54 54
Single Adult 14,507 5,329 20,194 40,030
ECMS 0 0 58 58
Total 47,137 11,845 43,009 101,991

 

ATD Average Length in Program (ALIP): FY19 through 06/15/2019

ALIP Inactive ALIP Overall ALIP
502.4 Days 334.3 Days 443.2 Days

 


 

Definitions

The Average Daily Population (ADP) is the total number of individuals in ICE detention across the current fiscal year, divided by the number of days into the fiscal year. ICE’s fiscal year runs October 1 through September 30. ADP is reported “as of” a date within the current fiscal year.

Arresting agency:

  • CBP: Individuals encountered and arrested by U.S. Customs and Border Protection (CBP), including Border Patrol and Air and Land Inspections, and turned over to ICE.
  • ICE: Individuals encountered and arrested by ICE, including ICE’s Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI).

For ADP, criminality is defined in the following manner:

  • Convicted Criminal: The individual has a criminal conviction in the system of record on or prior to the date of departure.
  • Non-Criminal: The individual does not have a criminal conviction in the system of record on or prior to date of departure. This includes individuals who have criminal convictions that were overturned, dropped, or dismissedon or prior to date of departure.

Average Length of Stay (ALOS) is the average number of days an individual spent in ICE custody as of the current fiscal year.

Currently Detained is the number of individuals detained in ICE custody, “as of” the reporting date.

For ALOS and Currently Detained, criminality is defined in the following manner:

  • Convicted Criminal: The individual has a criminal conviction entered into ICE systems of record at the time of arrest by ICE.
  • Pending Criminal Charges: The individual has pending criminal charges entered into ICE system of record at the time of arrest by ICE.
  • Other Immigration Violators: The individual has no known criminal convictions, or pending charges entered into ICE system of record at the time of arrest by ICE.

Initial Book-Ins by Facility Type is the number of individuals booked into ICE custody, broken down by those booked into adult custody and those booked into a family residential center. **Note that ICE detention population does not include U.S. Marshals Service Prisoners or unaccompanied minors reported by the Office of Refugee and Resettlement.

Data is continuously updated throughout the fiscal year and may fluctuate until the data is locked at the close of the fiscal year.
Last Reviewed/Updated: 06/19/2019