Last month we reported that new statutory requirements relating to the detention of aliens with criminal histories went into effect. Over the last few months, we have also been reporting on ongoing problems the INS has had with the detention process. The INS has been accused of serious human rights violations, they have faced hunger strikes and riots in some of their facilities and they have admitted that they are having enormous difficulties dealing with overcrowding.

During the past month, there have been several new developments.

a. The Government Accounting Office has recently released a report evaluating the Immigration and Naturalization Service's efforts to initiate and complete removal proceedings for criminal aliens through the agency's Institutional Hearing Program (IHP). This is a cooperative program involving the INS, the Executive Office for Immigration Review, and federal and state prison agencies. The IHP's goal is to enable the INS and EOIR to complete removal proceedings for criminal aliens while they are still serving their sentences. This will eliminate the need for agents to locate aliens after they are released and free up beds in INS detention facilities.

The Report was commissioned at the request of the House of Representatives Immigration Subcommittee and covered the following:

- the extent to which deportable criminal aliens were included in the IHP

- the extent to which INS completed removal hearings for deportable aliens during their time in prison or after their prison release, and

- whether INS had acted on recommendations made in a July 1997 report previously conducted by the GAO.

The new GAO report shows the INS has had mix results in its attempt to implement the IHP program. The GAO reports the following:

- The INS had begun to establish an automated system for tracking potentially deportable criminal aliens in Federal Bureau of Prisons facilities, but it had not determined whether it will be able to use this system to track potentially deportable criminal aliens in state prison systems.

- The INS had not taken specific actions to ensure that aggravated felons are placed in removal proceedings while they are incarcerated and then taken into custody upon their release from prison.

- The INS completed a draft workless analysis model in June 1998 that IHP managers intend to use to determine what resources are needed to accomplish short term program goals.

- The INS has not resolved the problem of high attrition among INS agents.

- The INS has taken limited actions to address the GAO's earlier recommendations to improve its management oversight to meet program performance goals.

The GAO analyzed data for 19,639 foreign-born inmates who were released from federal and four state prisons between January 1st and June 30th of last year. The INS did not have records on 7,144 (36%) of the released inmates. Of those 7,144 released inmates, 1,903 (27%) were potentially deportable criminal aliens, according to the GAO. 1,198 (63%) of the potentially deportable criminal aliens had committed appeared to be aggravated felons. Aggravated felons have fewer rights and are more likely to be deportable.

The GAO tracked what happened to the 1,198 aggravated felons after they were released:

- 80 were rearrested

- 19 were charged with committing additional felonies, and

- 15 of the 19 were convicted of the felony charges.

In the GAO's July 1997 report it recommended that the INS establish a nationwide data system to track foreign-born inmates in state and federal prisons. The INS responded by indicating to Congress that it recognized this need and had begun an effort to establish an automated tracking system. Right now, the INS is testing the system at federal facilities. It then hopes to extend the system to state facilities.

b. The new law requiring the INS to detain almost all "criminal aliens" subject to deportation is putting an enormous stress on the INS' detention system. According to a November 2nd report in the Washington Post, INS field managers are considering reducing enforcement raids so that personnel and detention space can be set aside for aliens with criminal backgrounds. The Rocky Mountain News in Denver, Colorado likewise reports that Denver INS agents have been pulled off enforcement activities to provide manpower to arrest and detain criminal aliens pursuant to the new immigration law.

c. The INS has released information on the Criminal Alien Review Plan for "nonremovable" deportees who cannot be returned to their home countries because the US lacks diplomatic relations with the home country. There are more than 3,000 people in INS custody who are considered "unremovable." Most are Cuban, but a number of Vietnamese, Cambodians and Laotians are represented in the number. The new plan puts procedures in place to allow for the release of detainees in specific circumstances. Deportation officers review the criminal history of the alien, how the alien entered the country, family history, employment history, and evidence of rehabilitation. A lawyer may be present at the review, but his or her role is limited to clarifying questions and making a closing statement. The deportation officers then make a recommendation to the District Director. The INS claims it is releasing 25% of interviewed aliens, but observers question the veracity of that statistic. Critics also complain that inadequate notice is being provided to aliens and their counsel, interpreters were sometimes only available by phone, the decision maker is the district director, not someone who was present at the review, and there is no centralized system in place for handling these cases. If you are having problems with the review process in your district, contact Tomas Curi, INS, 425 Eye Street, Washington, DC 20536.

d. The INS is working with local police round up illegal immigrants in remote areas of the country. The INS states that its goal is to help local authorities apprehend people living illegally in places where the INS has little reach. Congress has appropriated $22 million for 200 INS agents to work on the project.