Prison Phone Justice

Department of Homeland Security
Office of Inspector General
Immigration and Customs Enforcement 

Management Controls Over Detainee 

Telephone Services 


OIG-10-36

January 2010

Office of Inspector General
U.S. Department of Homeland Security
Washington, DC 20528

January 13, 2010
Preface
The Department of Homeland Security (DHS) Office of Inspector General (OIG) was
established by the Homeland Security Act of 2002 (Public Law 107-296) by amendment
to the Inspector General Act of 1978. This is one of a series of audit, inspection, and
special reports prepared as part of our oversight responsibilities to promote economy,
efficiency, and effectiveness within the department.
This report addresses the strengths and weaknesses of the U.S. Immigration and Customs
Enforcement's management controls over detainee telephone services. It is based on
interviews with employees and officials of relevant agencies and institutions, direct
observations, and a review of applicable documents.
The recommendations herein have been developed to the best knowledge available to our
office, and have been discussed in draft with those responsible for implementation. We
trust this report will result in more effective, efficient, and economical operations. We
express our appreciation to all of those who contributed to the preparation of this report.

Richard L. Skinner 

Inspector General 


Table of Contents/Abbreviations
Executive Summary .............................................................................................................1

Background ..........................................................................................................................2

Results of Audit ...................................................................................................................3

Considerable Progress Has Been Made to Assure Detainee Telephone Services, Yet
More is Needed ........................................................................................................3 

Recommendations..........................................................................................................6 

Management Comments and OIG Analysis ..................................................................6 


Appendices
Appendix A:
Appendix B:
Appendix C:
Appendix D:

Purpose, Scope, and Methodology.........................................................8 

Management Comments to the Draft Report .......................................10 

Major Contributors to this Report........................................................12 

Report Distribution ..............................................................................13 


Abbreviations
DHS
OIG
ICE
IGSA
COTR

Department of Homeland Security 

Office of Inspector General 

U.S. Immigration and Customs Enforcement 

Intergovernmental Service Agreements 

Contracting Officer’s Technical Representative 


Immigration and Customs Enforcement Management Controls 

Over Detainee Telephone Services 


OIG

Department of Homeland Security
Office of Inspector General

Executive Summary
This report presents the results of our audit to determine whether
U.S. Immigration and Customs Enforcement information and
communications management controls provide reasonable
assurance that detainee telephone service is consistent with
applicable standards and contract provisions.
U.S. Immigration and Customs Enforcement has made
considerable progress in assuring detainees’ access to contractor
telephone and pro-bono services at Service Processing Centers,
Contractor Operated Facilities, and Intergovernmental Service
Agreement sites where the majority of illegal aliens are detained.
U.S. Immigration and Customs Enforcement has implemented
layered procedures to monitor and test the status of telephone
hardware and software and ensure pro-bono telephone numbers are
updated and accurate. However, additional controls are needed to
ensure contractor compliance with the financial provisions
contained in the existing and future telephone services contracts
and that individuals assigned to oversee these contracts are
knowledgeable in financial matters.
We are recommending that U.S. Immigration and Customs
Enforcement develop and implement policies and procedures to
ensure contractor compliance with all financial provisions
contained in existing and future telephone services contracts. We
are also recommending that U.S. Immigration and Customs
Enforcement ensure that the individuals assigned to oversee these
contracts are conversant in financial matters. U.S. Immigration
and Customs Enforcement concurred with both recommendations.

Immigration and Customs Enforcement Management Controls

Over Detainee Telephone Services

Page 1

______________________________________________________________________________________

Background
The Department of Homeland Security, U.S. Immigration and
Customs Enforcement as the successor agency of Immigration and
Naturalization Service currently operates 15 Service Processing
Centers and Contractor Operated Facilities that are responsible for
the care and custody of approximately 10,000 aliens. Most of
these facilities operate a direct dial telephone system for the use of
the detainee population. ICE also uses 215 Intergovernmental
Service Agreements (IGSA) detention facilities located in state and
local jurisdictions to accommodate an additional 20,000 detainees
nationwide. ICE procures bed space at these sites at a prenegotiated per diem rate. In addition, ICE operates hold rooms in
their field and sub-offices which presently do not offer telephone
services.
In 2000, the Immigration and Naturalization Service issued
National Detention Standards that require ICE facilities and IGSA
sites that hold detainees for more than 72 hours to provide
detainees “reasonable and equitable access” to telephone services.
These standards also authorize detainees free telephone calls to
legal services providers, consular officials, and federal and state
courts where the detainee is or may be involved in a legal
proceeding. The requirement that detainees be permitted access to
telephone services is still in force.
In January 2004, DHS awarded a no-cost contract to replace the
existing Detainee Telephone System. The contractor was
responsible for installing, maintaining, and repairing the telephone
system at ICE facilities, in addition to connecting outgoing “probono” calls under the detainee telephone system. The contractor
was also responsible for providing access to pro-bono calls at
IGSA sites where other vendors provide telephone services. The
contract was structured as a no-cost to the government contract.
The contractor was to recover operating expenses from profits
derived from collect calls and debit card sales at 15 ICE facilities
and 1 dedicated IGSA site.
In fiscal year 2007, we, as well as the Government Accountability
Office, reported instances of inoperable telephones and were
unable to connect to pro-bono telephone numbers at detention
facilities visited.1 In May 2008, we reported that the contract did
1

Alien Detention Standards, GAO-07-875, July 2007; Treatment of Immigration Detainees Housed at
Immigration and Customs Enforcement Facilities, OIG-07-01, December 2006.
Immigration and Customs Enforcement Management Controls

Over Detainee Telephone Services

Page 2

______________________________________________________________________________________

not require the contractor to furnish financial information nor
validate call rates charged to detainees and remaining balances on
unused calling cards.2 We also reported that the contract did not
contain incentives to compel improved contractor performance.
In 2008, ICE revised the detention standards to provide detainees
reasonable and equitable access to "reasonably priced" telephone
services in addition to previously mandated free call services. The
revised standards were initially implemented at the eight Service
Processing Centers and are scheduled for full implementation in
early 2010 for the remaining detention facilities.
Currently, all ICE facilities allow detainees controlled access to
contractor-operated telephones to make both outgoing and
pro-bono calls under the Detainee Telephone System. These
detention facilities permit the use of calling cards, collect calls, and
free preprogrammed calls. Additionally, all ICE facilities provide
international calling capability. At IGSA sites, the contractor
provides access to pro-bono calls only by using the facilities’
present telephone systems, where the local carriers do no provide
pro-bono calls.

Results of Audit
Considerable Progress Has Been Made to Assure Detainee
Telephone Services, Yet More is Needed
ICE has made considerable progress in assuring detainees have access to
telephone services at ICE facilities and IGSA sites where the majority of
illegal aliens are detained. ICE implemented layered procedures to
monitor and test the status of telephone hardware and software and ensure
pro-bono telephone numbers are updated and accurate. In addition, the
telephone services contractor voluntarily amended the contract to reduce
fees charged for certain debit card calls and implemented a debit card
refund process. However, ICE management controls ensuring contractor
compliance with a variety of financial provisions contained in the existing
telephone services contract could be improved.
ICE officers and contracted compliance reviewers monitor and test
compliance with National Detention Standards on a daily or weekly basis,
and reside in the 37 largest detention facilities. ICE officers in field
2

Review of Immigration and Customs Enforcement Detainee Telephone Services Contract, OIG-08-54,
May 2008.
Immigration and Customs Enforcement Management Controls 

Over Detainee Telephone Services 

Page 3

______________________________________________________________________________________

offices consolidate the test results and submit a summary status report to
the agent located in ICE headquarters Detention Standards Compliance
Unit that is assigned to perform Contracting Officer’s Technical
Representative (COTR) duties.3 The COTR also monitors the progress of
repair tickets resulting from service outages and inaccurate pro-bono
telephone numbers until resolved.
Although significant progress has been made to improve the development
and execution of the telephone service contract, there continues to be a
risk that detainees could be mischarged for these services. For example,
the existing telephone services contract requires the contractor to produce
the following financial information:
�	 Call pricing information before and as a call is being
processed;
�	 Cost and call accounting and management reports; and
�	 Call history, cost, and call accounting information on
commonly used electronic media.
While the existing telephone services contract requires the contractor to
produce financial-related data, the COTR assigned to oversee the contract
did not review this information. According to the COTR, it is in the
service provider's best financial interest, in order to profit from the
contract, to ensure that phones are working and that detainees are making
as many collect and debit card calls as possible. For these reasons, the
COTR said that the contract is "self-policing" and therefore the current
level of oversight being provided is sufficient.
However, the fact that it is in the contractor’s best interest to enable
detainees to make as many debit card and collect calls as possible should
be reason enough for ICE to closely monitor and evaluate the charges
associated with these calls to ensure they were accurate and reasonable.
As stated earlier, the telephone services contract contains schedules of the
charges permitted for local and international debit and collect calls.
Further, cost and call accounting and pricing data is being regularly
provided to the government via a series of management reports. Despite
evidence that detainees had, in the past, been inappropriately charged an
additional fee to obtain access to a local telephone service,4 the COTRs
assigned to monitor the telephone services contract were neither
monitoring nor evaluating contractor adherence to the contract’s financial
3

Contracting Officer’s Technical Representative is responsible for monitoring the contractor’s progress
toward fulfilling technical requirements of the contract.
4
A former COTR disclosed that detainees in the Buffalo Federal Detention Center had once been charged
an additional surcharge to connect to the local telephone service provider that was prohibited under the
contract.
Immigration and Customs Enforcement Management Controls 

Over Detainee Telephone Services 

Page 4

______________________________________________________________________________________

reporting requirements for accuracy and fairness. By their own admission,
none of the COTRs interviewed were sufficiently knowledgeable to
conduct the much-needed analyses. Assigning COTR's to the telephone
services contract who have experience analyzing financial reports, or
providing them access to staff with that skill would help authorities
identify, document, and respond to any billing irregularities and provide
assurances that the service provided remains accessible and charges
accurate and reasonable.
Recent Improvement
In August 2007, ICE awarded a contract to provide support services to the
onsite detention standard compliance capability of the Office of Detention
and Removal. This contract was in effect through mid April 2009. In
April 2009, DHS subsequently awarded a contract to the same contractor;
however, the scope of the new contract was expanded to provide a greater
level of service. For example, the new contract requires the use of subject
matter experts in health care, safety, and security. The contract provides
permanent compliance reviewers at 37 of the largest detention facilities
where over 70% of detainees are held and teams of rovers to inspect the
remaining IGSA sites based on a schedule agreed to by ICE. We reviewed
compliance review guidelines used by these inspectors to determine how
tests of telephone detention standards were to be performed. The
guidelines include requirements that reviewers verify telephones are
inspected daily, usage rules and operating instructions are posted, probono telephone numbers are accurate, and there is at least 1 telephone for
each 25 detainees. Compliance inspection results are reported monthly to
quarterly depending on the degree of use of a given facility to house ICE
detainees.
Grievance Process
We reviewed monthly reports of compliance reviews conducted at 4 ICE
facilities and quarterly inspections conducted at 1 smaller IGSA during
June and July 2009 to determine whether inspections identified detainee
complaints or grievances related to detainee telephone services. The
compliance reviews reported no telephone-related complaints or
grievances.
Replacement Contract
ICE has taken a number steps to improve detainee access to telephone and
pro-bono services and to provide assurances that detainee grievances are
identified and addressed in a timely manner. ICE incorporated these
measures in the replacement telephone services contract implemented in
Immigration and Customs Enforcement Management Controls 

Over Detainee Telephone Services 

Page 5

______________________________________________________________________________________

August 2009 after a protest of the May 2009 award was dismissed. The
replacement contract includes performance incentives and requires the
contractor to provide ICE management with monthly reports on financial
issues, such as revenue, call volume, and refunds paid to detainees. If
fully implemented, these measures should further improve the detainees’
access to telephone and pro-bono services.

Recommendations
We recommend that the Assistant Secretary, U.S. Immigration and
Customs Enforcement:
Recommendation #1: Develop and implement policies and
procedures to review the financial aspects of the telephone services
contract to ensure detainees are not being mischarged for telephone
services.
Recommendation #2: Ensure that individuals assigned to oversee
the telephone services contract are fully capable of understanding
and evaluating the financial data requirements associated with
existing and future contracts.

Management Comments and OIG Analysis
ICE Comments to Recommendation #1:
ICE concurred with this recommendation and plans to develop
policies and procedures for monthly reporting by the contractor,
monthly verification and spot checks by the COTR, and annual
review comparing contract pricing to industry standards and
market rates. ICE plans to have these policies and procedures in
place within 30 days of the transition to its new telephone contract.
The scheduled transition date is February 28, 2010.
OIG Analysis
ICE’s efforts to develop and implement standardized policies and
procedures will improve its ability to conduct effective contract
oversight. This recommendation is resolved, but will remain open
until ICE completes and issues the policies and procedures to
review financial aspects of the telephone services contract.

Immigration and Customs Enforcement Management Controls 

Over Detainee Telephone Services 

Page 6

______________________________________________________________________________________

ICE Comments to Recommendation #2:
ICE concurred with our recommendation and said it had contracted
an industry expert capable of understanding and evaluating
financial reports submitted by the contractor. The industry expert
will assist with Contracting Officer and COTR oversight of the
telephone services contractor’s performance. ICE said the current
COTR is provided periodic financial management training.
Further, ICE said it will coordinate with department and agency
officials to ensure the COTR has additional technical support, if
needed.
OIG Analysis
ICE’s use of contractors as technical agents and its commitment to
provide its COTRs with financial management training will help
ensure compliance with contractual financial data requirements.
However, ICE’s use of contractors as technical agents does not
relieve its COTRs of their oversight duties and responsibilities.
This recommendation is resolved and closed.

Immigration and Customs Enforcement Management Controls 

Over Detainee Telephone Services 

Page 7

Appendix A
Purpose, Scope, and Methodology
The objective of our audit was to determine whether ICE
information and communications management controls provide
reasonable assurance that detainee telephone service is consistent
with applicable standards and contract provisions.
We interviewed government officials and compliance inspection
contractors at ICE headquarters in Washington, DC. A support
contractor assigned to coordinate telephone repairs was
interviewed via teleconference. Immigration Enforcement Agents
and contract compliance inspectors were interviewed at the Krome
Service Processing Center in Miami, Florida and the McHenry
County Correctional Center in Woodstock, Illinois.
We reviewed contract terms and conditions of the telephone
services contract (COW-4-C-0122), compliance inspection
contracts (HSCECR-09-C-00001, HSCECR-09-C-00004); and the
solicitation for the replacement telephone services contract
(HSCEDM-09-R-00009). We also reviewed the results of
compliance inspections conducted by the contractors and telephone
status reports prepared by ICE field agents for the period January
through July 2009.
We tracked how information travels between detention facilities,
field offices, and ICE headquarters. We reviewed and compared
(1) weekly telephone serviceability reports prepared by ICE field
agents assigned to monitor conditions at detention facilities; (2)
summary phone tracker reports prepared at Detention and Removal
field offices; and, (3) Telephone Reports distributed at ICE
headquarters. We analyzed these reports and the results of
monthly, quarterly, and annual compliance inspections prepared by
contract compliance reviewers. These included records of detainee
complaints recorded by the DHS-OIG hotline to identify the types
and frequency of complaints, telephone outages, and inaccurate
pro-bono telephone numbers.
We developed an understanding of internal controls over detainee
telephone services by reviewing prior Government Accountability
Office and DHS-OIG reports, reviewing National Detention
Standards, and interviewing ICE officials assigned to oversee the
telephone and the compliance inspection contracts. The
understanding we gained was used to plan the audit and determine
the nature, timing, and extent of tests to be performed.
We conducted this performance audit between April 2008 and
August 2009 under the authority of the Inspector General Act of
Immigration and Customs Enforcement Management Controls 

Over Detainee Telephone Services 

Page 8

Appendix A
Purpose, Scope, and Methodology
1978, as amended, and according to generally accepted
government auditing standards. Those standards require that we
plan and perform the audit to obtain sufficient, appropriate
evidence to provide a reasonable basis for our findings and
conclusions based on our audit objectives. We believe that the
evidence obtained provides a reasonable basis for our findings and
conclusions based on our audit objectives.
We thank ICE and its contractors for their cooperation in the
performance of this audit.

Immigration and Customs Enforcement Management Controls 

Over Detainee Telephone Services 

Page 9

Appendix B
Management Comments to the Draft Report

u."lI<.. ~ .._ .. , , _ ....... ~
SMII· _ _ ....
~

.... _

r>(' ,,",.

u.s. Immigration
ilnd Customs

Enforcement

ME'liIORANOU'li1 fOR,

SUBIECT,

ICE

Respo~,.

to 1I.,0ml"""U'lion, in OIG Df1lfl R<port,
CUSlom$ [o["re'"I'01 M"n~~.m.nl ConuDls OI'er
I><"inee Telq>lIono S.,,',oo$"·

··lmO"~t".lIoo:u><1

U.S. lI,mll!l'".tion ,,1<1 CU<lurns ["[",,,erne,", (IC[) "I'~r<oi",... ,he opportun"y 10 OOInlllCllt ",1<1
respo"d '0 Ih" ,wo "-"omm,,1U:l'io". ill the <Ubj"", Om.e o[ In<pe<lo' Ge"",",,1 (OIG) draft

"",m.
OIG Recommend..ion 1, «1><\".1"1'"00 iTlll'lomem poli.i.. OIl<! proc(,Jur'$ to ,."i.", Ih.
r.,",,,,,inl .'pect< orll>< ,elopoo... s,,,' ir<'S com""" <0 ",,,ure u",.illttS ar. "'" hcin~ mi,c1largctl
[0<

",Iop.o"" se"'ires:'

""',,"<S,

ICE RespollS< 1o R«olllmel><1a,ion 1: ICE
11>< C"'''''''''in],; Offi.er ar.U Doten'ion
S[;ln<bn.ls Compli""oo Unil (DSCU) ConnaOI omo", Teobnioal Roprescnlalh-. (COTR) ",i II
d<'\"Clop pollo,o' 0Jld prott<lu,.. pro"iding mon'bly reponing by 'be oon'rao"'''. m"'llhly
wrifieaEion and 'J">l ohecks h}' ,he COTR. ",><1 an .1ln,,1 ""-i",, coml"'ring conn""l I'rieing '0
ir.Uu"I)' ....><lards orKl mark<L r.[<'S_ Po!rerc' "lid procL'<lU,",' will hl,';n plaoe and inOUIJ'O"'lcd
inlo " oonlt.o, mOOifi""tiorE "i'hin 30 ""y' o[,he oo",plc.ion or,he ',:m.;';"" '0 lhe now
1)<:I3;'Iee Tclq,l,one Se,,-ire (OTS) oon'r"a<'. The 'rnn,ilion i. "nli";p"e<J Ii' he complc~e on
Fel>runry 28. 2010, n", ne'" DTS "onl,Wur repons e,11 mlume, ,evenue, 'mu refund. ,-i."
Web rIlediurIl. 111< Cont""'I"'~ Omeer, lhe COTR .•,><1 ,I>< DTS industry eXf'On." ho i,.
oon'rnelo, '0 lhe ICI: om« "f I><'cn,ion ""d lten"",.1 Qrcn,'ioos (OItO). ,,'ill 1>0"0 W.b .00<=
10 current repon, in "real-HOle." Tho DTS i,,<lLI<;II)' O_'jlCI1 ""II O\'olLlo'o ,he rer>on. ,nhmille<J h,·

Immigration and Customs Enforcement Management Controls 

Over Detainee Telephone Services 

Page 10

Appendix B
Management Comments to the Draft Report

Subject: ICE R.sponse to RecommendaiiOllS in the OIG Draft R.pof1: "Immigration and
CUS\OIIIf Enfimemeot ManliOf1l(:l\t Control$ over Delfli~ T.iqlhone Se7vices"

"" ,

OIG Rocommetldation 2: "En..... that individualollSigned to oversee lhe t.lephone ...... ioeo
oontnet .,. fully ~pal>I. of underslflnd;n/l and CVllual;ng the (inaneiol datI requirements
""",,ilted with !he ""illin/l and lima. oonltlct$."
ICE Response 10 Recommendation 2: ICE con<:u.... ICE acknowledges the need for qualified
employees 10 ov......, !he telephon. ,"""ioe. contraot. ICE DRO entered into 0 eontrac;t with an
iro:lusuy .xpert .... ith more th." 25 yean of ""peri...... woO<in/lwith deuoi...., telephon. S)'SlemI.
TIle ioduOlJ)' ""pen illmowledg.abl. and fully capabl. of lUldenundin/l and evaluatin/l the
filllll<:ial rq>Of1olubmiued by thc new OOlIlractor. The industry ""per! hal si2J)e(l a nondisclosure agreement to wotk on this projecl. The ""pen has also been Velted by the ICE Office
ofProf...ional Responsibility(ICE Of'R) through the seeurity t>leklVOuro:l prooes.s. The
iro:luslry ""pen will closely monitor Ih. oonlracto~1 perfonnance and ... i$l the Conlrac;ting
Omoer and COTR in <letermining whelher th. o:ontraetor is petfonnln/l in accordane. with the
oontra<:t and enlilled to perform.anee ineent;v....tablished in the contrl<t.

Thi. occupalional seri.. i. designed to enable hiring 1gen<:ies to attract and empl... candidat..
with high. level critical thinking fkiliS wlto arc ad.Iptabl. to • broad.r range ofWOfk requirements
Th. current COTR if an Office of Penonn.1
M....gement (OPM) oeeupational seri.. 03-f) Mana/lement and Proi:fll'l Anll)'ll. Although the
COTR [>Mili"" will remain in the 03-f) series, iCE OAQ and DSCU will ensure the DTS..v
COTR is provided periodic federal fLnandal m....g.ment u"ininll to maintain proficicn<:y.
Addiliotllily. DSCU will coordinat. with ICE OAQ; ICE OPR, OIG and the DHS Office of
Financial MlIlo"""ent (OFM) 10 .nlure th.COTR hH addilional .uppon, ifnoeeded.

10 i..,IOO. plannin/l of I'f'OiI"IIl'f and objectives.

Should)'On hlove any questiON Of coocems. please OOntact Megan Reedy. 010 audit portfolio
manager at (202) 732-418S Or by .-mail at M.gIn.Rccdl'€Jdh$.gov.

Immigration and Customs Enforcement Management Controls 

Over Detainee Telephone Services 

Page 11

Appendix C
Major Contributors to this Report

Richard T. Johnson, Director, Immigration and Enforcement
Division
Robert Greene, Desk Officer, Immigration and Enforcement
Division
Mark Ferguson, Team Lead
Marisa Coccaro, Analyst
Andrew Herman, Auditor
Armando Lastra, Auditor
Sandra Ward-Greer, Auditor
Gary Alvino, Independent Referencer

Immigration and Customs Enforcement Management Controls 

Over Detainee Telephone Services 

Page 12

Appendix D
Report Distribution

Department of Homeland Security
Secretary
Deputy Secretary
Chief of Staff for Operations
Chief of Staff for Policy
Deputy Chiefs of Staff
General Counsel
Executive Secretariat
Director, GAO/OIG Liaison Office
Assistant Secretary for Office of Policy
Assistant Secretary for Office of Public Affairs
Assistant Secretary for Office of Legislative Affairs
ICE Audit Liaison
Office of Management and Budget
Chief, Homeland Security Branch
DHS OIG Budget Examiner
Congress
Congressional Oversight and Appropriations Committees, as
appropriate

Immigration and Customs Enforcement Management Controls 

Over Detainee Telephone Services 

Page 13


ADDITIONAL INFORMATION AND COPIES
To obtain additional copies of this report, please call the Office of Inspector General (OIG) at (202) 254-4100,
fax your request to (202) 254-4305, or visit the OIG web site at www.dhs.gov/oig.
OIG HOTLINE
To report alleged fraud, waste, abuse or mismanagement, or any other kind of criminal or noncriminal
misconduct relative to department programs or operations:
• Call our Hotline at 1-800-323-8603;
• Fax the complaint directly to us at (202) 254-4292;
• Email us at DHSOIGHOTLINE@dhs.gov; or
• Write to us at:
DHS Office of Inspector General/MAIL STOP 2600,
Attention: Office of Investigations - Hotline,
245 Murray Drive, SW, Building 410,
Washington, DC 20528.
The OIG seeks to protect the identity of each writer and caller.