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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. To improve meaningful access to services within the centers, a language services program provides indigenous language interpretation for residents in family residential 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, juice 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 the 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 Currently Detained Population

Currently Detained Population by Arresting Agency as of 08/01/2020

Criminality ICE Percent ICE CBP Percent CBP Total
Total 13,441 62% 8,105 38% 21,546
Convicted Criminal 9,894 86% 1,556 14% 11,450
Pending Criminal Charges 2,777 90% 305 10% 3,082
Other Immigration Violator 770 11% 6,244 89% 7,014

 

Currently Detained by Processing Disposition as of 08/01/2020

Processing Disposition Count
Total 21,546
Expedited Removal (I-860) 5,703
Notice to Appear (I-862) 11,484
Reinstatement of Deport Order (I-871) 3,202
Other 1,157

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

Currently Detained Population with USCIS-Established Persecution or Torture Claims as of 08/01/2020

U.S. Citizenship and Immigration Services (USCIS) is responsible for the adjudication of asylum claims submitted by individuals present in the United States who are not in removal proceedings, and screening those encountered at the border – both at and between the Ports of Entry – and who are placed into expedited removal proceedings and express an intent to apply for asylum or a fear of return or persecution. In an effort to meet the Congressional requirements set forth in the 2019 Appropriations Act, USCIS provides ICE with data regarding aliens who established a claim of persecution or torture. ICE subsequently compared this data against its detention population.

As of August 1, 2020, there were 3,229* aliens in ICE custody who were determined by USCIS to have a Persecution Claim Established or Torture Claim Established.

*This includes data for FY 2019. Cases from USCIS-provided data include both credible fear and reasonable fear determinations.

For additional background information on credible fear of persecution or torture or reasonable fear of persecution or torture, please reference the USCIS website.


 

ICE Initial Book-InsFY2020 Year-to-Date (YTD)

Initial Book-Ins by Facility Type as of 08/01/2020

Detention Facility Type Convicted Criminal Pending Criminal Charges Other Immigration Violator Total
Total 85,773 20,982 59,114 165,869
Adult 85,758 20,976 57,366 164,100
FRC 15 6 1,748 1,769

 

Initial Book-Ins by Arresting Agency, Program, and Month as of 08/01/2020

Agency Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Total FY
Total 24,728 22,368 23,907 22,781 22,688 19,364 8,515 7,269 6,674 7,501 74 - 165,869
CBP 13,303 12,643 14,007 10,868 11,197 9,211 2,907 1,883 1,585 1,677 14 - 79,295
ICE 11,425 9,725 9,900 11,913 11,491 10,153 5,608 5,386 5,089 5,824 60 - 86,574

 


 

ICE Average Daily Population (ADP) and ICE Average Length of Stay (ALOS) – FY2020 YTD

ADP by Arresting Agency and Month as of 08/01/2020

Agency Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep FY Overall
CBP Average 31,146 27,527 24,441 22,597 20,335 18,518 15,030 12,092 10,182 8,967 8,230 - 19,055
Convicted Criminal 4,574 3,831 3,363 3,166 2,850 2,674 2,465 2,176 1,973 1,701 1,567 - 2,874
Pending Criminal Charges 899 768 685 687 620 552 497 422 384 332 307 - 584
Other Immigration Violator 25,673 22,928 20,392 18,745 16,865 15,292 12,069 9,494 7,825 6,934 6,356 - 15,596
ICE Average 19,074 18,648 18,313 18,521 18,982 19,173 16,797 15,102 14,027 13,585 13,563 - 17,206
Convicted Criminal 13,172 12,761 12,531 12,590 12,730 12,818 11,845 10,995 10,278 9,998 9,979 - 11,964
Pending Criminal Charges 3,888 3,856 3,847 4,007 4,145 4,232 3,468 2,956 2,777 2,764 2,811 - 3,590
Other Immigration Violator 2,014 2,031 1,936 1,925 2,107 2,123 1,485 1,152 971 822 773 - 1,652
Average 50,220 46,174 42,754 41,118 39,317 37,691 31,827 27,194 24,209 22,552 21,793 - 36,260
Convicted Criminal 17,746 16,592 15,894 15,755 15,580 15,492 14,309 13,171 12,252 11,699 11,546 - 14,838
Pending Criminal Charges 4,788 4,624 4,532 4,694 4,764 4,784 3,964 3,377 3,161 3,097 3,118 - 4,174
Other Immigration Violator 27,686 24,959 22,328 20,669 18,972 17,415 13,554 10,646 8,796 7,756 7,129 - 17,249

 

ALOS by Arresting Agency and Month as of 08/01/2020

Agency Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep FY Overall
CBP Average 57.8 56.6 52.3 61.0 59.1 54.1 85.9 109.6 134.9 122.6 52.0 - 64.6
Convicted Criminal 40.1 40.2 33.6 34.5 29.8 25.3 31.7 43.9 65.8 72.8 1.0 - 36.6
Pending Criminal Charges 56.0 48.1 55.9 57.1 51.3 46.2 75.1 106.3 130.0 135.0 54.0 - 60.5
Other Immigration Violator 64.0 62.5 58.3 72.4 72.9 69.2 119.8 147.8 166.5 147.8 58.0 - 76.3
ICE Average 51.3 54.2 58.5 52.5 52.6 48.0 64.5 64.9 68.1 71.8 32.7 - 56.9
Convicted Criminal 52.9 55.7 61.3 52.7 53.0 49.2 64.5 62.1 67.0 70.2 33.5 - 57.6
Pending Criminal Charges 49.4 52.1 53.6 51.1 52.4 47.7 61.4 64.1 65.5 66.2 40.8 - 54.6
Other Immigration Violator 45.0 49.2 50.4 54.3 50.6 42.3 71.7 101.6 88.9 111.6 3.0 - 56.5
Average 55.2 55.7 54.7 57.1 56.1 51.0 73.8 81.0 91.1 88.3 42.0 - 61.0
Convicted Criminal 48.3 50.3 51.3 46.7 44.8 41.2 55.2 58.3 66.8 70.6 29.9 - 51.0
Pending Criminal Charges 50.6 51.1 54.0 52.1 52.2 47.5 62.9 67.7 71.4 71.6 43.0 - 55.5
Other Immigration Violator 62.3 61.3 57.7 70.1 69.8 64.8 111.9 140.8 154.7 142.1 53.9 - 74.0

 


 

ICE Alternatives to Detention (ATD) Program

Description

ICE’s 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 08/01/2020

AOR GPS SmartLINK TR Total
Atlanta 790 475 1,767 3,032
Baltimore 1,776 74 923 2,773
Boston 1,117 176 162 1,455
Buffalo 90 6 337 433
Chicago 2,531 1,467 2,859 6,857
Dallas 650 144 186 980
Denver 216 323 918 1,457
Detroit 554 4,303 2,998 7,855
El Paso 156 113 639 908
Houston 1,561 407 277 2,245
Los Angeles 3,544 745 5,912 10,201
Miami 3,879 965 266 5,110
New Orleans 1,683 753 333 2,769
New York 1,942 80 1,838 3,860
Newark 1,098 3,798 2,324 7,220
Philadelphia 407 1,182 438 2,027
Phoenix 401 166 88 655
Salt Lake City 313 1,928 765 3,006
San Antonio 599 210 446 1,255
San Diego 804 813 948 2,565
San Francisco 4,563 1,152 5,602 11,317
Seattle 979 1,116 1,653 3,748
St Paul 335 915 1,045 2,295
Washington DC 1,336 874 475 2,685
Total 31,324 22,185 33,199 86,708

 

ATD Active Population by Technology and Family Unit Head of Household (HoH)/Single Adult Status as of 08/01/2020

Population GPS SmartLINK TR Total
FAMU* 19,133 11,983 17,577 48,693
ECMS - FAMU 0 0 784 784
Single Adult 12,191 10,202 15,622 38,015
ECMS - Single Adult 0 0 399 399
Total 31,324 22,185 33,199 86,708

* FAMU data as of 06/30/2020 and bounced against 08/01/2020 BI Inc.

ATD Average Length in Program (ALIP) as of 08/01/2020

Active ALIP
764.9 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: 08/05/2020