Washington, D.C. (May 17, 2022) – A new analysis by the Center for Immigration Studies highlights the ineffectiveness of the U.S. Immigration and Customs Enforcement (ICE) Alternatives to Detention (ATD) program, also known as the Intensive Supervision Appearance Program (ISAP). The analysis is based, in part, on a
draft report recently obtained by Fox News, which provides transparency into a significant part of immigration enforcement that deserves greater attention as the Biden administration expands the use of ATD amid the significant influx of illegal immigration along the southwest border.
The ATD program allows illegal aliens to be released into the United States rather than remain in an ICE detention facility while their case is pending. Forms of ATD monitoring include GPS ankle bracelets, telephonic reporting where aliens are expected to call a case supervisor at designated times, and a cell phone application called SmartLINK. Since 2005, taxpayers have spent over $1.46 billion on the program according to the draft ICE report. The Biden administration’s budget for 2023 includes a $77 million increase and notes that “the base for this program” is $440 million plus another $10.4 million for IT management.
According to the draft ICE report, in FY 2019 alone, “a total of 14,385 aliens absconded from the program” representing nearly a 90 percent absconding rate. The report also shows that between FY 2015 and June 30, 2020 a total of 40,300 illegal aliens monitored through the program have absconded. In the report, ICE explains that these numbers “illustrate that alternatives to detention are not a replacement for detention and that continuing to release aliens prior to the conclusion of their immigration case will not be successful in creating compliance with the law.” The draft report also notes that since the program began “over 21,000 aliens enrolled in ISAP have been subsequently convicted or charged for a criminal act.” ICE explains, “These crimes have created victims, and all victimization indicated here would not have occurred had the alien remained in detention.” ICE continued, “Detention is the only method that will ensure compliance with an order of removal.”
Jon Feere, the Center’s Director of Investigations and a former ICE Chief of Staff, said, “Congress has been under a misimpression about the effectiveness of alternatives to detention. The overwhelming majority of individuals on ATD have absconded and many have committed crimes. Congress needs to reaffirm the importance of detention and significantly scale up detention space commensurate with the rapidly expanding illegal-alien population.”
The analysis also highlights how the Biden administration is transforming ISAP from an enforcement-related tracking program into more of a “case management” program that offers increased “wraparound services” — i.e., legal assistance and social services — to illegal aliens. Much of this is being done with the help of NGOs connected to the White House.
Feere lays out specific issues for Congress:
- Congress must consider whether funding alternatives to detention should continue in light of high absconding rates and harm to public safety;
- Congress must significantly increase funding for detention beds and support staff; and
- If Congress decides to continue funding detention alternatives, it should create significant criminal penalties for aliens who violate the terms of the program.
