Effecting the efficient removal of illegal aliens requires that ICE Enforcement and Removal Office (ERO) personnel look to various references that include but are not limited to U.S. Codes of Federal Regulations (CFR), international treaties, conventions and laws, agency policy and procedural manuals. The significance of this removal program responsibility is that it embodies the mission of ERO as a whole and overlaps with responsibilities of other DHS agencies, offices, and programs such as the ERO Criminal Alien Program, ERO National Fugitive Operations Program, ICE Homeland Security Investigations, U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (CIS). The current mutual pursuit by these entities to enforce the Immigration and Nationality Act lends itself to an opportunity for greater efficiency achieved through their collective effort. The recommendation is to:
Either eliminate the use of Form I-166, Notice to Removable Alien OR if its elimination is not feasible, serve the Form I-166 on the alien at the same time as the Form I-862, Notice to Appear.
Often, statutory requirements tend to define the general terms by which events are legally permitted to occur while agency policy specifically and narrowly mandates field procedures. Through a coordinated effort, there is the opportunity to achieve efficiency on the following objectives:
1) Increase the number of removals of non-detained subjects with a final order of removal while reducing associated costs. (Estimated $235,000)
2) Demonstrate to Congress a unified DHS approach to reducing the Immigration Fugitive backlog list.
3) Enhance and simplify immigration bond management.
Once implemented, the elimination of the I-166, or at a minimum serving it in addition to the notification already contained in the I-862 would apply across DHS to include all of ICE, CBP and CIS and would synthesize and enhance the process of notification at no additional cost - DHS-wide.