U.S. Department of Justice
Immigration and Naturalization Service

Fact Sheet
06/08/99

INS Improves Management of Detention Program

Administration Proposes Legislation,
New Resources to Enhance Efforts

Strengthening the nation's capacity to detain and remove criminal and other deportable aliens is a key component of the Immigration and Naturalization Service's (INS) comprehensive strategy to deter illegal immigration and protect public safety. The INS Detention and Deportation program is critical to both the border and interior enforcement efforts of the agency.

Without an effective Detention and Deportation program, apprehending aliens without detaining and removing them produces little result.

The Clinton Administration, with strong support from Congress, has made the apprehension, detention and removal of illegal aliens a priority. This commitment has been backed by significant resources devoted to detention and removal efforts.

With the passage of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996, Congress expanded the number of crimes that made people subject to removal. It also eliminated INS's discretion to release certain aliens by requiring that virtually any non-citizen subject to removal on the basis of a criminal conviction, as well as certain categories of non-criminal aliens, be detained without bond. As a result of IIRIRA, INS is required to detain a much larger number of people. The provisions in IIRIRA requiring long-term detention, along with the rise in sophisticated smuggling operations, the increase in the number of criminal aliens, and the effects of Hurricane Mitch in Central America have resulted in the need for significantly more detention space. From 1996 to 1999, the average daily detention population has almost doubled from 8,279 to 16,400. In FY 1998 alone, INS admitted approximately 153,517 aliens into detention. In fact, the average daily number of criminal aliens in detention more than quadrupled between FY 1994 and today, growing from about 3,300 to more than 14,500. At the same time, the number of criminal aliens INS has removed nearly doubled from 28,600 in FY 1993 to 55,211 in FY 1998.

To address these demands, INS has developed an improved detention management strategy for the Detention and Deportation program. As part of this strategy, the Administration is proposing a legislative change that permits the discretionary release of certain detainees who pose no danger to the community and are not flight risks. In addition, the Administrations is submitting an amendment to the FY 2000 budget for an increase of $230 million for additional detention beds and staff to fully comply with these detention requirements.

Increased Efficiency

To further strengthen management of the Detention and Deportation program and increase efficiency and maximize the use of bed space, INS has implemented a number of new initiatives and revamped existing programs.

- INS is working to improve the effectiveness of the Institutional Removal Program (IRP), which begins the process of identifying removable criminal aliens while they are incarcerated in federal and state correctional facilities. INS seeks to interview individuals as early in their sentences as possible to obtain final orders before release, thereby minimizing the need for INS detention space.

- The Department of Justice is working to increase coordination among INS, the Bureau of Prisons (BOP) and the Executive Office for Immigration Review (EOIR) to enhance the effectiveness of IRP. The FY 2000 budget request for BOP includes an increase of 4,000 beds dedicated to IRP. INS is also improving State IRP programs by developing plans to address local needs and issues and eliminating long-standing backlogs of cases awaiting interviews.

Working with EOIR, INS is expanding the use of video teleconferencing to increase interviewing and hearing capacity at remote sites.

- In three federal IRP sites, INS is piloting the use of Expedited Removal (ER) for aliens convicted of illegal entry. ER enables INS to expeditiously remove those aliens who do not have a credible fear of persecution upon their return home. Currently used only at the ports of entry, INS officers use ER to order the removal without formal proceedings before an immigration judge. Because the detainees at these institutional sites are aliens who have already been convicted of illegal entry and processed through BOP, INS has decided to apply ER on a limited basis to these three sites. INS expects to obtain removal orders before the aliens complete their federal prison sentences in approximately 97% of the cases at the pilot sites. This will lead to more criminal aliens being removed from the United States immediately upon their release, reducing the number of beds INS needs.

- INS will also increase the use of the administrative removal and reinstatement of deportation processes for criminal aliens. Under the administrative removal process, in certain serious criminal cases, final removal orders may be issued directly by INS officers instead of requiring hearings before immigration judges. Reinstatement of deportation allows INS to reinstate orders of removal for aliens previously removed from the United States, without a new immigration hearing. The use of these two processes will decrease the amount of time spent in detention, allowing beds to be used for additional detainees.

- In FY 2000, INS plans to transfer up to 1,000 long-term detainees to the Bureau of Prisons. This transfer will enable INS to use these beds for short-term detainees. INS cannot adequately provide the security or program services required for long-term detention.

- In cases where detained aliens appeal to the Board of Immigration Appeals, INS and the alien will now simultaneously argue their cases, reducing the appellate process by 30 days and shortening the time the alien is in detention.

- In an effort to minimize detention for those awaiting removal from the United States, INS will continue its liaison with foreign governments to expedite the process of obtaining travel documents.

Improved Management

Facing larger and more complex detention demands, INS is focusing on how to better manage detention and deportation operations.

- INS is consolidating management of Detention and Deportation operations under one senior official. INS is recruiting an executive-level candidate with extensive detention expertise. In the interim, two experienced managers have been selected to direct national operations.

- An integral part of INS detention management is the implementation of standards throughout the INS detention system to ensure safe, secure and humane detention conditions for all those in custody.

- By the end of FY 1999, INS will have completed implementation of detention standards and operating procedures in its Service Processing Centers and begun implementation in contracted detention facilities. As part of the FY 2000 amendment, INS seeks 10 positions to be dedicated to the implementation process. With these resources, by the end of FY 2000, INS will have implemented the standards in the 25 local facilities holding the most detainees. At that point, more than 75 percent of INS detainees will be covered by the standards. INS intends to complete the implementation process in the remaining local facilities by FY 2002.

Legislative Change

Currently, Section 236 of the INA prohibits the release of almost all criminal aliens during their immigration proceedings, even if they are likely to appear for the proceedings and pose no danger to the community. The administration is proposing a statutory change to permit the discretionary release of certain aliens who are not a danger to the community or a flight risk. This would include legal permanent residents convicted of minor crimes and aliens cooperating with an ongoing investigation.

Funding for More Improvements

INS' new initiatives will make the Detention and Deportation program more efficient and effective and maximize the use of existing detention space. Despite these improvements, INS projects that in FY 2000, it will still need additional bed space and staff to address the expanding detention requirements from IIRIRA, smuggling operations and significant increases in the criminal alien population. To meet this projected demand, the Administration is submitting an amendment of $230 million to the FY 2000 budget request.

The Administration's proposal funds additional detention beds to meet INS' projected detention requirements. It proposes to increase the total number of beds to 19,000 by maintaining the 4,000 beds added in FY 1999 from supplemental and reprogrammed funding sources. The amendment also adds 600 new beds for enforcement operations.

The amendment will also fund 370 detention and deportation staff to support the increase in detention space. Of the total number of positions, 360 will be deployed to the field to support the increase in detention beds. The new positions will include deportation officers, detention enforcement officers and support personnel. The positions will be used to track cases in the removal process, transport detainees, and escort detainees being removed from the United States. The remaining 10 positions will be used to support INS' commitment to implement detention standards.

These new resources, coupled with the management changes, new initiatives and proposed legislative changes should lead to a 15 percent increase in projected removals and voluntary departures from the United States in FY 2000.

- INS -