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21 <br />identified by DHS databases or who believe a DHS detainer has been issued in error. Nor is <br />there a complaint procedure for persons who believe they have been wrongly arrested.45 <br />Concerns with Program Management <br />➢ Lack of Oversight and Transparency. Secure Communities is still in its early stages, so it is <br />difficult to assess the level of oversight and transparency that the program will support. Once <br />again, the 287(g) experience is worth reviewing: A Government Accountability Office (GAO) <br />review of the 287 (g) program found that oversight was severely lacking. Richard Stana, GAO <br />Director of Homeland Security and Justice, testified before the House Committee on Homeland <br />Security in March 2009 that: <br />[287(8)] program objectives have not been documented in any program- related <br />materials, guidance on how and when to use program authority is inconsistent, <br />guidance on how ICE officials are to supervise officers from participating <br />agencies has not been developed, data that participating agencies are to track <br />and report to ICE has not been defined, and performance measures to track and <br />evaluate progress toward meeting program objectives have not been <br />developed. Taken together, the lack of internal controls makes it difficult for ICE <br />to ensure that the program is operating as intended . 46 <br />A 2009 report on the 287(g) program by Justice Strategies similarly found that ICE has a very <br />uneven track record of supervising the 287(g) MOAs.47 In most cases, ICE personnel do not <br />directly oversee the deputized agents or 287(g) arrests. There are also concerns about DHS's <br />management of the large and growing immigration- detention system. There have been many <br />disturbing reports of poor detention conditions and a growing number of detainee deaths. <br />Because of poor management of other programs, questions have arisen regarding DHS's ability <br />to manage the growing Secure Communities program and the numerous detainees involved. <br />In July 2009, DHS announced modifications to the 287(g) program designed to address these <br />concerns."$ However, to date, ICE has not issued regulations governing the implementation of <br />Secure Communities. Furthermore, the fact sheets and press releases that DHS has issued do <br />not include any requirements for data collection, audits, or oversight <br />➢ Lack of Data. Without accurate data, it is difficult, if not impossible, to determine how Secure <br />Communities is being implemented or how effective it is. The materials ICE has published to <br />date do not mention any record - keeping requirements or procedures. Needed are statistics on <br />the crimes for which identified non - citizens are arrested, the disposition of the underlying <br />criminal case, and the nationality and ethnicity of those identified. <br />A further complication is the existence of multiple ICE programs in a state or locality. For <br />example, one locality can participate in Secure Communities, have a 287(g) MOA, and <br />participate in the Criminal Alien Program or any of the other ICE ACCESS community <br />partnerships with ICE. If an inmate has a detainer, it is impossible to determine if the detainer is <br />the result of Secure Communities or another program, or if the individual simply confessed to an <br />immigration- status violation, making it extremely difficult to determine the effectiveness of any <br />one program or initiative. <br />13 <br />