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Suggested Citation:"Front Matter." National Research Council. 2011. Budgeting for Immigration Enforcement: A Path to Better Performance. Washington, DC: The National Academies Press. doi: 10.17226/13271.
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Budgeting for
Immigration
Enforcement

A Path to
Better Performance

Committee on Estimating Costs of Immigration
Enforcement in the Department of Justice

Steve Redburn, Peter Reuter, and Malay Majmundar, Editors

Committee on Law and Justice

Division of Behavioral and Social Sciences and Education

NATIONAL RESEARCH COUNCIL
OF THE NATIONAL ACADEMIES

THE NATIONAL ACADEMIES PRESS
Washington, D.C.
www.nap.edu

Suggested Citation:"Front Matter." National Research Council. 2011. Budgeting for Immigration Enforcement: A Path to Better Performance. Washington, DC: The National Academies Press. doi: 10.17226/13271.
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THE NATIONAL ACADEMIES PRESS   500 Fifth Street, N.W.   Washington, DC 20001

NOTICE: The project that is the subject of this report was approved by the Governing Board of the National Research Council, whose members are drawn from the councils of the National Academy of Sciences, the National Academy of Engineering, and the Institute of Medicine. The members of the committee responsible for the report were chosen for their special competences and with regard for appropriate balance.

This study was supported by Contract Number DJJ09-C-1916 between the National Academy of Sciences and the U.S. Department of Justice. Any opinions, findings, conclusions, or recommendations expressed in this publication are those of the authors and do not necessarily reflect the views of the U.S. Department of Justice.

International Standard Book Number-13: 978-0-309-22122-1
International Standard Book Number-10: 0-309-22122-6

Additional copies of this report are available from the National Academies Press, 500 Fifth Street, N.W., Lockbox 285, Washington, DC 20055; (800) 624-6242 or (202) 334-3313 (in the Washington metropolitan area); Internet, http://www.nap.edu.

Copyright 2011 by the National Academy of Sciences. All rights reserved.

Printed in the United States of America

Suggested citation: National Research Council. (2011). Budgeting for Immigration Enforcement: A Path to Better Performance. Committee on Estimating Costs of Immigration Enforcement in the Department of Justice. S. Redburn, P. Reuter, and M. Majmundar, Eds. Committee on Law and Justice, Division of Behavioral and Social Sciences and Education. Washington, DC: The National Academies Press.

Suggested Citation:"Front Matter." National Research Council. 2011. Budgeting for Immigration Enforcement: A Path to Better Performance. Washington, DC: The National Academies Press. doi: 10.17226/13271.
×

THE NATIONAL ACADEMIES
Advisers to the Nation on Science, Engineering, and Medicine

The National Academy of Sciences is a private, nonprofit, self-perpetuating society of distinguished scholars engaged in scientific and engineering research, dedicated to the furtherance of science and technology and to their use for the general welfare. Upon the authority of the charter granted to it by the Congress in 1863, the Academy has a mandate that requires it to advise the federal government on scientific and technical matters. Dr. Ralph J. Cicerone is president of the National Academy of Sciences.

The National Academy of Engineering was established in 1964, under the charter of the National Academy of Sciences, as a parallel organization of outstanding engineers. It is autonomous in its administration and in the selection of its members, sharing with the National Academy of Sciences the responsibility for advising the federal government. The National Academy of Engineering also sponsors engineering programs aimed at meeting national needs, encourages education and research, and recognizes the superior achievements of engineers. Dr. Charles M. Vest is president of the National Academy of Engineering.

The Institute of Medicine was established in 1970 by the National Academy of Sciences to secure the services of eminent members of appropriate professions in the examination of policy matters pertaining to the health of the public. The Institute acts under the responsibility given to the National Academy of Sciences by its congressional charter to be an adviser to the federal government and, upon its own initiative, to identify issues of medical care, research, and education. Dr. Harvey V. Fineberg is president of the Institute of Medicine.

The National Research Council was organized by the National Academy of Sciences in 1916 to associate the broad community of science and technology with the Academy’s purposes of furthering knowledge and advising the federal government. Functioning in accordance with general policies determined by the Academy, the Council has become the principal operating agency of both the National Academy of Sciences and the National Academy of Engineering in providing services to the government, the public, and the scientific and engineering communities. The Council is administered jointly by both Academies and the Institute of Medicine. Dr. Ralph J. Cicerone and Dr. Charles M. Vest are chair and vice chair, respectively, of the National Research Council.

www.national-academies.org

Suggested Citation:"Front Matter." National Research Council. 2011. Budgeting for Immigration Enforcement: A Path to Better Performance. Washington, DC: The National Academies Press. doi: 10.17226/13271.
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Suggested Citation:"Front Matter." National Research Council. 2011. Budgeting for Immigration Enforcement: A Path to Better Performance. Washington, DC: The National Academies Press. doi: 10.17226/13271.
×

COMMITTEE ON ESTIMATING COSTS OF IMMIGRATION ENFORCEMENT IN THE DEPARTMENT OF JUSTICE

PETER REUTER (Chair), School of Public Policy and Department of Criminology, University of Maryland

FRANK D. BEAN, Center for Research on Immigration, Population and Public Policy, University of California, Irvine

JONATHAN CAULKINS, Heinz College and Qatar Campus, Carnegie Mellon University

SUSAN E. CLARKE, Department of Political Science, University of Colorado, Boulder

WAYNE A. CORNELIUS, Center for Comparative Immigration Studies, University of California, San Diego

VICTORIA A. GREENFIELD, Department of Economics, U.S. Naval Academy

JOHN R. HIPP, Department or Criminology, Law and Society, University of California, Irvine

DOUGLAS S. MASSEY, Office of Population Research, Princeton University

DORIS MEISSNER, U.S. Immigration Policy Program, Migration Policy Institute

C. RICHARD NEU, The RAND Corporation, Mexico City, Mexico

PIA ORRENIUS, Department of Research, Federal Reserve Bank, Dallas

ROBERTO OSEGUEDA, Office of Research and Sponsored Projects, University of Texas, El Paso

JEFFREY S. PASSEL, Pew Research Center, Pew Hispanic Center, Washington, DC

CRISTINA RODRIGUEZ,* Harvard University School of Law and New York University School of Law

MARC R. ROSENBLUM, Domestic and Social Policy, Congressional Research Service, U.S. Congress

PETER H. SCHUCK, Yale Law School, Yale University

STEVE REDBURN, Study Director

MALAY MAJMUNDAR, Program Officer

DANIELLE JOHNSON, Senior Program Assistant

ALAN B. RHINESMITH, Consultant

image

* Resigned January 2011 to accept an appointment at the U.S. Department of Justice.

Suggested Citation:"Front Matter." National Research Council. 2011. Budgeting for Immigration Enforcement: A Path to Better Performance. Washington, DC: The National Academies Press. doi: 10.17226/13271.
×

COMMITTEE ON LAW AND JUSTICE 2011

JAMES Q. WILSON (Chair), Clough Center, Department of Political Science, Boston College, and Pepperdine University

PHILIP J. COOK (Vice Chair), Sanford Institute of Public Policy, Duke University

CARL C. BELL, Community Mental Health Council, Inc., Chicago, IL

ROBERT D. CRUTCHFIELD, Department of Sociology, University of Washington, Seattle

GARY LAFREE, Department of Criminology and Criminal Justice, University of Maryland

JANET L. LAURITSEN, Department of Criminology and Criminal Justice, University of Missouri

GLENN C. LOURY, Department of Economics, Brown University

CHARLES F. MANSKI, Department of Economics, Northwestern University

TRACEY L. MEARES, Yale Law School, Yale University

TERRIE E. MOFFITT, Department of Psychology, Duke University

RUTH D. PETERSON, Department of Sociology, Criminal Justice Research Center, Ohio State University

ROBERT J. SAMPSON, Department of Sociology, Harvard University

JEREMY TRAVIS, John Jay College of Criminal Justice, City University of New York

DAVID WEISBURD, Department of Administration and Justice, George Mason University

PAUL K. WORMELI, Integrated Justice Information Systems, Ashburn, VA

JANE L. ROSS, Director

BARBARA BOYD, Administrative Associate

Suggested Citation:"Front Matter." National Research Council. 2011. Budgeting for Immigration Enforcement: A Path to Better Performance. Washington, DC: The National Academies Press. doi: 10.17226/13271.
×

Preface

Border enforcement to control illegal immigration has been a prominent U.S. public policy issue for 20 years. Over those two decades there has been a huge increase in the federal resources devoted to deterring, apprehending, and punishing illegal immigrants, predominantly at the border with Mexico. Most of the increased resources in recent years have gone to agencies in the U.S. Department of Homeland Security (DHS). The U.S. Department of Justice (DOJ) is often seen as playing catch-up in handling the numerous detainees apprehended by DHS.

This panel was formed in response to a congressional concern about how well DOJ was preparing its congressional requests for border enforcement resources. Budgeting is difficult under most circumstances, given that it is about projecting needs 18 to 24 months in advance. It is made even more complex when the agency has to anticipate not only the effects of actions by another agency in the future, but also the influence of changing labor market conditions in Mexico and the United States, which are important drivers of the number of immigrants trying to enter this country illegally. This report aims to provide a better understanding of the context in which budget decisions are made for DOJ’s immigration enforcement functions and how that shapes the budgeting challenge.

On behalf of the committee, I thank the many individuals and organizations who assisted us in our work and without whom this study could not have been completed. The committee relied heavily on two key staff members: Steve Redburn both provided excellent guidance in our dealing

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Suggested Citation:"Front Matter." National Research Council. 2011. Budgeting for Immigration Enforcement: A Path to Better Performance. Washington, DC: The National Academies Press. doi: 10.17226/13271.
×

with agencies and contributed a great deal to drafting and redrafting the text. Malay Majmundar was responsible for much of the original research and legal analysis that was critical to our work, as well as drafting two chapters of the report. We also thank Danielle Johnson for her excellent management of our meetings, mailings, and all other administrative tasks. Alan B. Rhinesmith, a former deputy associate director of the U.S. Office of Management and Budget (OMB) and a former senior policy adviser to the Congressional Oversight Panel of Congress, was commissioned to write a paper on recent experience in budgeting that contributed significantly to Chapter 5. We also thank several other researchers for their commissioned contributions to the writing, data analysis, and case studies: Adam Boessen, in the Department of Criminology, Law, and Society at the University of California, Irvine; Micah Gell-Redman, in the Department of Political Science at the University of California, San Diego; Annie Miller, in the Department of Political Science at the University of Colorado; and Doralina Skidmore and Grant Wille, at the James E. Rodgers College of Law at the University of Arizona. We are grateful for the assistance of Professor Gabriel (Jack) Chin of the University of Arizona College of Law in connection with our field work in the Tucson area.

Others who provided valuable assistance to the committee at various stages of its work include Penny Fleming, Financial Liaison Office, Administrative Office of the U.S. Courts; the late Judge John M. Roll, Chief U.S. District Judge, Tucson, Arizona; Jolene Lauria-Sullens, DOJ Deputy Assistant Attorney General and Controller; Karin O’Leary, Budget Director; Sennen Salapare and others on the budget staff of the DOJ, Justice Management Division; Carl Caulk, U.S. Marshals Service, DOJ; Jim Boden and staff, OMB; Steve Mertens and staff, OMB; Juan Osuna, DOJ; Michael Hoefer and John Simanski, Office of Immigration Statistics, DHS; and John Schultz, Office of the Director, Immigration and Customs Enforcement, DHS.

Many individuals at the National Research Council (NRC) assisted the committee. We thank Kirsten Sampson Snyder, who shepherded the report through the NRC review process, Eugenia Grohman, who edited the draft report, and Yvonne Wise for processing the report through final production.

This report has been reviewed in draft form by individuals chosen for their diverse perspectives and technical expertise, in accordance with procedures approved by the NRC’s Report Review Committee. The purpose of this independent review is to provide candid and critical comments that will assist the institution in making its published report as sound as possible and to ensure that the report meets institutional standards for objectivity, evidence, and responsiveness to the study charge. The review comments and draft manuscript remain confidential to protect the

Suggested Citation:"Front Matter." National Research Council. 2011. Budgeting for Immigration Enforcement: A Path to Better Performance. Washington, DC: The National Academies Press. doi: 10.17226/13271.
×

integrity of the deliberative process. We thank the following individuals for their review of this report: Lenni B. Benson, professor of law, New York Law School; Asa Hutchinson, senior partner, The Asa Hutchinson Law Group, PLC, Rogers, Arizona; Daniel A. Nussbaum, Department of Operations Research, Naval Postgraduate School, Monterey, California; Anne Joseph O’Connell, professor of law, Boalt Hall, School of Law, University of California, Berkeley; Rosalie Liccardo Pacula, co-director, RAND Drug Policy Research Center, senior economist, RAND Corporation, and faculty research fellow, National Bureau of Economic Research; Anne Morrison Piehl, Department of Economics and director, Program in Criminal Justice, Rutgers University, and research associate, National Bureau of Economic Research; Irene Rubin, professor emerita, Division of Public Administration and Department of Political Science, Northern Illinois University; and Mary C. Waters, M.E. Zukerman professor of sociology, Department of Sociology, Harvard University.

Although the reviewers listed above have provided many constructive comments and suggestions, they were not asked to endorse the conclusions or recommendations nor did they see the final draft of the report before its release. Emmett Keeler of the RAND Graduate School and the University of California, Los Angeles, and John E. Rolph at the University of Southern California oversaw the review of this report. Appointed by the NRC, they were responsible for making certain that an independent examination of this report was carried out in accordance with institutional procedures and that all review comments were carefully considered. Responsibility for the final content of this report rests entirely with the authoring committee and the institution.

Finally, I thank my colleagues on the committee for their enthusiasm, hard work, and collaborative spirit in writing this report.

Peter Reuter, Chair
Committee on Estimating Costs of Immigration Enforcement in the Department of Justice

Suggested Citation:"Front Matter." National Research Council. 2011. Budgeting for Immigration Enforcement: A Path to Better Performance. Washington, DC: The National Academies Press. doi: 10.17226/13271.
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Suggested Citation:"Front Matter." National Research Council. 2011. Budgeting for Immigration Enforcement: A Path to Better Performance. Washington, DC: The National Academies Press. doi: 10.17226/13271.
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Acronyms

ACAP

Alien Criminal Apprehension Program

ADAA

Anti-Drug Abuse Act

AEDPA

Antiterrorism and Effective Death Penalty Act

AFF

Asset Forfeiture Fund

ATF

Bureau of Alcohol, Tobacco, Firearms, and Explosives

 

 

BIA

Board of Immigration Appeals

BOP

Bureau of Prisons

 

 

CAP

Criminal Alien Program

CBP

U.S. Customs and Border Protection

 

 

DEA

Drug Enforcement Administration

DHS

U.S. Department of Homeland Security

DOJ

U.S. Department of Justice

 

 

ENOE

Encuesta Nacional de Ocupacion y Empleo

EOIR

Executive Office for Immigration Review

 

 

FBI

Federal Bureau of Investigation

FEDSIM

Federal Systems Integration and Management Center

 

 

GAO

U.S. Government Accountability Office (formerly U.S. General Accounting Office)

GDP

gross domestic product

GPRA

Government Performance and Results Act of 1993

Suggested Citation:"Front Matter." National Research Council. 2011. Budgeting for Immigration Enforcement: A Path to Better Performance. Washington, DC: The National Academies Press. doi: 10.17226/13271.
×
GPRAMA

GPRA Modernization Act of 2010

 

 

ICE

U.S. Immigration and Customs Enforcement

IIRIRA

Illegal Immigration Reform and Immigrant Responsibility Act

INA

Immigration and Nationality Act

INEGI

Instituto Nacional de Estadistica y Geografía

INS

Immigration and Naturalization Service

IRCA

Immigration Reform and Control Act of 1986

IRP

Institutional Removal Program

 

 

MMFRP

Mexican Migration Field Research Program

MMP

Mexican Migration Project

 

 

NAFTA

North American Free Trade Agreement

NSEERS

National Security Entry-Exit Registration System

NTA

Notice to Appear

 

 

ODO

Office of Detention Oversight

ODPP

Office of Detention Policy and Planning

OFDT

Office of the Federal Detention Trustee

OFO

Office of Field Operations

OJJDP

Office of Juvenile Justice and Delinquency Prevention

OMB

U.S. Office of Management and Budget

OPA

Office of Pardon Attorney

OTMs

undocumented immigrants other than Mexicans

 

 

PTS

Prisoner Tracking System

 

 

SAUSA(s)

Special Assistant U.S. Attorney(s)

SAVE

Systematic Alien Verification for Entitlements

SERA

structured expedited removal advisement process

SEVIS

Student and Exchange Visitor Information System

SSA

Social Security Administration

 

 

TRAC

Transactional Records Access Clearinghouse

 

 

USAO

U.S. Attorney’s Office

USCIS

U.S. Citizenship and Immigration Service

USMS

U.S. Marshals Service

US-VISIT

U.S. Visitor and Immigrant Status Indicator Technology

 

 

VCCLEA

Violent Crime Control and Law Enforcement Act

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Immigration enforcement is carried out by a complex legal and administrative system, operating under frequently changing legislative mandates and policy guidance, with authority and funding spread across several agencies in two executive departments and the courts. The U.S. Department of Homeland Security (DHS) is responsible for conducting immigration enforcement both at the border and in the United States; the U.S. Department of Justice (DOJ) is responsible for conducting immigration removal procedures and criminal trials and for prosecuting people charged with immigration-related crimes. DOJ confronts at least five technical challenges to modeling its resource needs for immigration enforcement that are specific to the immigration enforcement system. Despite the inherent limitations, budgeting for immigration enforcement can be improved by changing the method for budgeting.

Budgeting for Immigration Enforcement addresses how to improve budgeting for the federal immigration enforcement system, specifically focusing on the parts of that system that are operated and funded by the U.S. Department of Justice (DOJ). The report recommends that DOJ establish policy-level procedures to plan and coordinate policy planning and implementation to improve performance of the immigration enforcement system. The report also recommends that DOJ and DHS accelerate their design of an integrated capacity to track cases and project immigration enforcement activity. Policy makers and others who are interested in how the nation's immigration enforcement system is organized and operates also will find it useful.

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