The United States Department of Homeland Security (DHS), United States Immigration and Customs Enforcement (ICE), Alternatives To Detention Unit (ATD) within Enforcement Removal Operations (ERO) evolved in response to a 2002 congressional mandate to the Immigration and Nationalization Service (INS) (the predecessor to ICE) to seek alternatives to secure detention with the intention of reducing the illegal alien population, improving compliance rates with administrative court orders, and increasing the removal rates of aliens ordered removed from the United States.
An ICE contract vehicle is in place for community-based supervision and in-person reporting programs. The Alternatives to Detention (ATD) program is a flight-mitigation tool that uses technology and case management to increase compliance with release conditions and facilitate compliance with court hearings and final orders of removal while allowing participants to remain in their community – contributing to their families and community organizations and, if necessary, wrapping-up their affairs in the United States – as they move through immigration proceedings. ATD is currently available in over 100 locations nationwide for eligible participants residing in all 24 Areas of Responsibility (AoRs).
The ATD program supervises participants, with contractor support, utilizing a combination of home visits, office visits, alert response, court tracking, and technology. The level of supervision and technology assigned to a participant is based upon an individualized case review performed by ICE that takes into account numerous factors that include, but are not limited to: current immigration status, criminal history, compliance history, community or family ties, being a caregiver or provider, and other humanitarian or medical conditions. ICE makes all determinations on case management levels and technology assigned and has the option to update those requirements at any time.
The Intensive Supervision Appearance Program IV (ISAP IV) became operational on August 1, 2020 and is the fourth iteration of the ISAP contract. This contract provides Alternative to Detention (ATD) officers with case management services and technology monitoring options. Upon an individual’s placement in the ATD program, an ATD LEO conducts a risk evaluation of the individual and assigns that individual an appropriate level of supervision. As part of this evaluation, the LEO selects the type of monitoring technology (i.e., telephonic, SmartLINK, or GPS) and the levels of case management, such as frequency of home and office visits, court tracking, and alert management. ATD LEOs can review and adjust case management levels and technology assignment at any time based upon the participant’s compliance and/or changes in the participant’s circumstances.
The LEO can consider the following factors when determining eligibility for ATD enrollment options:
- Stage in the removal process
- Assets/property
- Community and family ties
- Legal representation: • Criminal history
- Compliance history
- Humanitarian concerns.
ISAP IV enhances ICE’s operational effectiveness. ICE has developed standard operating procedures (SOPs) that have maintained significant program success rates while operating at a low average daily cost. Under the ISAP IV contract, ICE incurs costs of approximately $4.11 per day for every participant, down from the $4.39 average under the former ISAP III agreement.
The ISAP IV contract enables ICE to significantly increase participant compliance with release conditions, including attending immigration hearings, obtaining travel documentation, and making travel arrangements for departure from the United States. The ISAP IV contract also offers Enhanced Case Management Services (ECMS).
ECMS provides a higher level of access to case management for those participants who have been identified as having suffered significant trauma or who have direct dependents in need. ECMS provides participants all the services that were initially provided under the Family Case Management Program (FCMP) but is 1/6th of the cost of FCMP and is available in 54 locations rather than just five metropolitan areas. ECMS assistance to participants includes:
- Helping families identify and prioritize challenges
- Developing specific, measurable goals and outcomes with corresponding action plans
- Identifying and connecting to available community resources to help achieve program objectives
- Working with non-profit and community-based organizations to provide direct services, such as Know your Rights and Cultural Orientations
- Developing Stability and Well Being Assessments that address a variety of areas including living arrangements, transportation, medical, legal, financial services, cultural orientation, among others
- Providing effective referrals that align with needs, as well as verifying that participants engage with provided referrals by following up after appointments.
The ISAP IV contract also offers Wraparound Stabilization Services (WSS). WSS is designed for a vulnerable population of participants who have significant challenges and would benefit from supplemental services that were not originally provided under ISAP. WSS services are available at all 24 AORs.
The contractor coordinates with non-profit organizations to facilitate WSS services. These services are voluntary and not funded by ICE. Medical records, diagnosis, and other protected information are not collected by the contractor and are not shared with ICE. Services that WSS provides to participants includes:
- Trafficking Screening
- Trauma-Informed Individual Therapy
- Trafficking Group Education
- Family Therapy
- Individual Rehabilitation
- Supplemental Services Evaluation.
Additionally, the Contractor will provide stakeholders an opportunity to provide feedback and engage in programming dialogue through a Community Reference Committee. The ISAP IV contract experienced a slight delay in award due to an acquisition protest, which has been resolved by the U.S. Government Accountability Office.
ATD has established 19 staging areas (S sites) on the border and at some detention facilities. ICE enrolls eligible participants directly from major border processing areas for travel across the United States to these sites. These S sites are located in Phoenix, AZ; Tucson, AZ; Yuma, AZ; Oakdale, CA; Santa Ana, CA; San Diego, CA; Adelanto, CA; Imperial, CA; Otay Mesa, CA; San Ysidro, CA; Berks, PA; El Paso, TX; McAllen, TX; Dilley, TX; Karnes, TX; Harlingen, TX; Houston, TX; and Port Isabel, TX. At the end of FY 2021 Q2, ICE enrolled 6,106 S site participants.
ATD can track the participants via GPS as they leave the border areas and travel to a new Area of Responsibility (AOR). Once they arrive in a new AOR, the ATD officer determines their continued suitability for the ATD program and possible transition to a C, G, or T site, as described below.
- C sites are standalone contractor-operated facilities providing case management services and monitoring. Contractor Case Specialists (CSs), at the direction of ICE, conduct case management activities, including unscheduled home visits, scheduled office visits, support service referrals, court tracking, and alert management for C site participants. The CSs assign the participant a monitoring technology based upon the ATD officer’s request. A participant may be eligible for support services, including medical services, legal and translation services, local transportation-related information services, and court date reminders.
- G sites are locations where the contractor works within the local ERO office. Capacity is limited to 100 participants; however, transition to a C site is possible upon request and with a demonstration of need. The CS can perform the same functions as that of a C site. ICE also has Super G sites which can supervise 200 participants. In this case, rather than one, two CSs will operate within the local ERO office.
- T sites are ERO offices where ATD officers directly supervise the participants using contractor-provided software and equipment. ATD officers are responsible for case management but have the option of assigning court tracking and initial alert resolution to the contractor. ATD program participation rates have increased rapidly rising from 26,625 daily average program participants/ADP in FY 2015 to 79,595 in FY 2018—a nearly 200 percent increase. At the end of FY 2019, ICE had a daily average of 97,268 participants. At the end of FY 2020, ICE had a daily average of 90,194 participants. At end of FY 2021, ATD ADP was 97,901, and as result of the prolonged surge at the SWB, ATD participation was around 143,000 in Feb 2022.
In FY 2023 ICE ATD requests additional support to accommodate 170,000 ATD participants. The ATD program ensures the most appropriate levels of case management and technology assignment to improve compliance rates. However, the rate of non-compliance and program absconders increased during FY 2019 and FY 2020. In FY 2020, the overall absconder rate was 33.1 percent, with a family unit absconder rate of 39.0 percent, and a non-family unit absconder rate of 21.0 percent. Absconder levels also are high for noncitizens on ATD ordered removed, and for those who have recently arrived in the United States and lack family ties. ATD seeks to ensure noncitizens comply with program requirements and that ICE has a chance to intervene before an individual or family unit absconds.
The table below provides a breakout of FY 2021 ATD absconder rates broken out by adults and family units (FAMU).
| FY 2021 ATD Absconder Rates by Family Unit Status |
| Family Unit Status |
Absconder Rate |
Non-Absconder Rate |
| FAMU |
18.1% |
81.9% |
| Non-FAMU |
13.4% |
86.6% |
| Overall |
15.8% |
84.3% |
