oversight

Opportunities for the Immigration and Naturalization Service To Reduce Costs of Returning Aliens to Mexico

Published by the Government Accountability Office on 1971-08-26.

Below is a raw (and likely hideous) rendition of the original report. (PDF)

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     Opportunities For The Immigration
     And Naturalization Service
     To Reduce Costs Of
     Returning Aliens To Mexico 8.125057
     Department   of Justice




     BY THE COMPTROLLER GENERAL
     OF THE UNITED STATES
                                          COMPTROLLER    GENERAL      OF   THE   UNITED     STATES
                                                        WASHINGTON.    O.C.   20548




               B- 125051




               Dear   Mr.   Attorney      General:

                        This is our report   on opportunities             for the Immigration   and
           ,                                                                                                  8,=
           ’   Naturalization    Service   to reduce costs             of returning  aliens to Mexico.

     ?*?              This review was made pursuant    to the Budget and Accounting
-    j
P              Act, 1921 (31 U.S.C. 531, and the Accounting   and Auditing Act of 1950
.r
               (31 U.S.C. 67).

                        This report     is also being sent to Senators      Birch Bayh<Fred      R.
               Harris’:    Henry M. Jackson:       Edward     M. Kennedy;   Bob Packwoodrand
               John G. Tower< Representatives            John N. Happy Camp, Philip M.               c ,,
               Crane’: Fletcher      Thompson/      and Richard    C. White: and John S. Monagan;         ”
               Chairman,      Legal and Monetary       Affairs   Subcommittee,      Committee    on    1!   / : t3
               Government       Operations,     House of Representatives,       in response   to in-
               quiries    they have made regarding         our review.

                     Copies     are being       sent to the Director,             Office      of Management
               and Budget.

                                                                       Sincerely           yours,




                                                                       Comptroller             General
                                                                       of the United           States

               The Honorable
               The Attorney     General




                                             50 TH ANNIVERSARY             1921- 1971
COMPTROLLERGEN.i?RAL'S                                    OPPORTUNITIES FOR THE IMP?IGRATION
REPORT TO THE ATTORNEY GENERAL                            AND NATURALIZATION SERVICE TO
                                                          REDUCE COSTS OF RETURNING ALIENS
                                                          TO MEXICO
                                                          Department of Justice B-125051

DIGEST
------


WHY THE REVIEW WASMADE

       The General Accounting   Office  (GAO) Made this review to.,evaluate, acti_ons
       taken by the Immigration    and Naturalization  Se???%'to  reduce the costs of
       transporting aliens to Mexico.


FINDINGS AND CONCLUSIONS

       Although the Service has reduced the cost of transporting        Mexican aliens
       in the Southwest Region, GAO believes      that further reductions    can be made
       by using Service-owned  buses exclusively.      (See p. 4.)

       The Southwest Region does not request financially                    able Mexican aliens being
       deported     to pay the cost of their          transportation      from the point of apprehen-
       sion to the Mexican border.             In contrast,       the Northeast,      Iforthwest,   and
       Southeast      Regions do request aliens to pay for their                transportation.       The
       Department of Justice        attributed      the difference      to the vast number of Mexi-
       can aliens apprehended within             the Southwest Region and did not consider              it
       operationally       feasible   to require      aliens apprehended within            that region to
       pay the cost of their        transportation.          (See pp. 8 and 10.)

       The Service purchased,        through the General Services Administration     (GSA),
       seven buses that were not adequate for the intercity           transportation  of
       aliens.    GAO believes     that the problems encountered    were caused by inade-
       quate procurement     specifications.       The Service and GSA improved prBcedures
       in a later   procurement      of 20 additional   buses to ensure that the buses
       serve the intended purposes.          (See pp. 11 and 12.)


RECOI@!ENDATIONSOR SUGGESTIONS

       Because of the Department's          actions       (see below),   GAO made no recommendations.


AGENCY ACTIONS AND UNRESOLVEDISSUES

       The Department informed GAO that the Service was rapidly       extending  the
       use of buses in substitution     for the more expensive movement by plane.
       The Department informed     GAO also that it intended  to study the feasibility
       of using the planes to meet department-wide      needs for the rapid movement
       of persons.   (See p. 0.)     GAO's review did not extend to department-wide


                                                                            AUC.26,1371
Tear Sheet
-___                                                  1
                                                                                           I
transportation   needs.    Therefore,    GAO is expressing   no opinion on whether         I
the planes should be retained       for such purposes.     GAO suggests,    however,       I
that the study contemplated      by the Department include     the alternative     of      I
                                                                                           I
using commercial   or military     planes for transporting    prisoners   and Depart-      I
ment personnel   in case of civil      disturbances. (See pp. 6 and 7.)                    I
                                                                                           I
                                                                                           I
The Department informed         GAO further      that it was not operationallv    fea-     I
sible to request      aliens apprehended within          the Southwest Region to pay
for transportation       within   the United States and that steps were being
taken to recommend appropriate           legislative     changes.   Pending action by
the Congress,      the Service    intended to operate in its same manner.           (See
p. 10.)




                                         2
                           Content
                                                           Page
DIGEST                                                       1

CJ2APTER

      1    INTRODUCTION                                     3

      2    OPPORTUNITYTO REDUCECOSTS BY TRANSPORTING
             ALIENS IN INS-OWNEDBUSES INSTEAD OF INS-
             OWNEDPLANES                                    4
               Agency comments                              6

      3    ALIENS GRANTEDVOLUNTARYDEPARTURENOT RE-
             QUESTEDTO PAY FOR THEIR TRANSPORTATION
             WITHIN THE UNITED STATES                        8
               Agency comments                               9

      4    PROCEDURES  FOR PROCUREMENT
                                     OF BUSES IMPROVED 11
              Conclusion                               12

      5    SCOPEOF REVIEW                                   13

APPENDIX

      I    Letter dated October 1, 1970, from the As-
           sistant Attorney General for Administration,
           Department of Justice,  to the General Ac-
           counting Office                                  17

                            ABBREVIATIONS

GAO        General Accounting     Office

GSA        General   Services   Administration

INS        Immigration   and Naturalization      Service
COMPTROLLERGEM?RAL'S                                  OPPORTUNITIES FOR THE IMMIGRATION
REPORT TO THE ATTORNEY GENERAL                        AND NATURALI ZATION SERVICE TO
                                                      REDUCE COSTS OF RETURNING ALIENS
                                                      TO MEXICO
                                                      Department of Justice  B-125051

DIGEST
w-w---


WHY THE REVi-EW WASMADE

     The General Accounting   Office  (GAO) made this review to evaluate  actions
     taken by the Immigration    and Naturalization  Service to reduce the costs                     of
     transporting aliens to Mexico.


FIJDIA'GS AND CONCLUSIONS

     Although the Service has reduced the cost of transporting         Mexican aliens
     in the Southwest Region, GAO believes      that further  reductions    can be made
     by using Service-owned  buses exclusively.       (See p. 4.)

     The Southwest Region does not request financially                     able Mexican aliens      being
     deported     to pay the cost of their           transportation      from the point of apprehen-
     sion to the Mexican border.             In contrast,        the Northeast,     Northwest,    and
     Southeast      Regions do request       aliens to pay for their           transportation.      The
     Department of Justice        attributed       the difference      to the vast number of Mexi-
     can aliens apprehended within             the Southwest Region and did not consider               it
     operationally       feasible   to require       aliens    apprehended within        that region to
     pay the cost of their        transportation.           (See pp. 8 and 10.)

     The Service purchased,        through the General Services   Administration   (GSA),
     seven buses that were not adequate for the intercity           transportation  of
     aliens.    GAO believes     that the problems encountered    were caused by inade-
     quate procurement     specifications.       The Service and GSA improved procedures
     in a later   procurement      of 20 additional   buses to ensure that the buses
     serve the intended purposes.          (See pp. 11 and 12.)


RECOMMENDATIOIVSOR SUGGESTIONS

     Because of the Department's          actions    (see below),     GAO made no recommendations.


AGENCY ACTIONS AND UNRESOLVEDISSUES

     The Department informed GAO that the Service was rapidly      extending  the
     use of buses in substitution    for the more expensive movement by plane.
     The Department   informed GAO also that it intended   to study the feasibility
     of using the planes to meet department-wide    needs for the rapid movement
     of persons.    (See p. 6.)   GAO's review did not extend to department-wide
transportation   needs. Therefore,       GAO is expressing   no opinion on whether
the Planes shouTd be retained      for such purposes.      GAO suggests,     however,
that the study contemplated by the Department include           the alternative     of
using commercial   or military    planes for transporting     prisoners    and Depart-
ment personnel   in case of civil     disturbances.     (See pp. 6 and 7.)

The Department     informed GAO further     that it was not operationally    fea-
sible to request      aliens apprehended within     the Southwest Region to pay
for transportation       within the United States and that steps were being
taken to recommend appropriate       legislative    changes.   Pending action by
the Congress, the Service intended to operate in its same manner.              (See
p. 10.)
                            INTRODUCTION

        The &migration     and Naturalization      Service (INS) is re-
sponsible for the administration           and enforcement of the im-
migration    and nationality      laws relating    to the admission,
exclusion,     and deportation      of aliens and to the naturaliza-
tion of aliens lawfully        resident    in the United States.     The
INS activities     consist primarily       of (1) inspection,   (2) de-
tention andEd deportation
                (5) lnvestl~a~~~nnaturalization,
                     .       .    . . The activities (4)areborder.
patrol,                                                       performed
in the central office        in Washington, D.C.; four regional
offices;    and 36 district     offices,     four of which are in for-
eign countries.
      In fiscal  year 1970 about 274,000 aliens in violation
of the Immigration and Nationality    Act were apprehended
within the Southwest Region which includes the States of
Arizona, California,    Colorado, Hawaii, Nevada, New Mexico,
Oklahoma, Texas, Utah, and Wyoming. P&St of these aliens
were Mexican nationals.

       The policy of the INS Southwest Regional Office is to
return Mexican aliens to locations    near their homes. This
requires transporting   the aliens to border towns and to the
interior   of Mexico.
       The transportation   of aliens within the United States
is accomplished principally     by use of INS--owned buses and
planes; chartered commercial buses are used when needed.
Aliens are transported    from the border to the interior     of
Mexico by Mexican buses and trainlift.         The Mexican Covern-
ment pays the cost of the trainlift.        Aliens who are finan-
cially   able are requested to pay for their transportation
on the Mexican buses.      INS pays for the transportation    of
those aliens who are financially      unable, or who refuse, to
pay for their transportation.




                                   3
                              CHAPTERZ-

    OPPORTUNITYTO REDUCE
    -----a----             COSTSBY TRANSPORTING
                    -------e---                ALIENS
                                             -e----M
       IN INS-OWNEDBUSESINSTEAD OF INS-OWNEDPLANES
       ---A
      During fiscal year 1967 INS operated five airplanes,
primarily   in the movement of aliens within the United States.
Three of the planes had been purchased in 1965, and the
other two had been obtained from military    sources at no cost.

       As a result of a review in fiscal       year 1968, we re-
ported to the Commissioner, INS, that, in our opinion,            sub-
stantial   savings could be realized by using INS-owned buses
instead of using INS-owned planes for transporting           Mexican
aliens.    While that review was in process, an INS official
informed us that INS had taken several actions to improve
its method of transporting      aliens,   including   (1) a reassess-
ment of operational     requirements    and the subsequent transfer
of two of its five planes to another.Government           agency, (2)
a revision   of routes for more productive        use of its remain-
ing three planes, (3) the selective        use of buses for trans-
porting aliens in areas where it was feasible          to do so, and
(4) the award of a contract      for transportation      by buses in-
stead of transportation      by planes for movement of aliens
within Mexico.

      During fiscal year 1969 the three remaining planes flew
about 23.8 million    passenger-miles     at a cost of about
$1 million.    The type  of  plane   operated  during 1969 and the
capacity of each type follows.

              Type of plane
                         --                   Capacity

               Douglas DC-6                       97
               Convair 440                        50
                  II   340                        44




                                   4
     The use of the planes for       the period April through
September 1969, based on flight        reports, follows.

                                          Flight         Percent
                   Route                   hours        of total

      Within California                       575            30
          II  Texas                           715            37
      Between Texas and Arizona               182            10
          II    California and
        Arizona                               103             5
      Between California   and
        Texas                                 141             7
      Other locations                         207            11

           Total                            1,923          100
                                                           --
      'During this 6-month period about 22,000 aliens were
transported   by INS-owned planes.    The cost of operating the
planes ranged from 4.2 cents to 5.4 cents a passenger-mile
compared with our estimate of 2.4 cents a passenger-mile      for
a 63-passenger capacity,    INS-owned, bus. On the basis of
this difference,   we estimated that, for the 6-month period,
the cost of transporting    the aliens by plane was about
$227,500 more than if they had been transported     by bus.

        The cost of operating      the planes was based on data ob-
tained from INS and included expenses.for           gasoline,   oil,
maintenance and repairs,        and salary and travel costs for pi-
lots and guards.      It did not include depreciation         which, if
included,    would have increased the cost.. Our estimate of
the cost of operating        INS-owned buses was developed on the
basis of INS data and included the costs of gasoline,               oil,
maintenance and repairs,        drivers'   and guards' salaries      and
travel,    and depreciation.

      During fiscal year 1970 the Southwest Region was using
28 INS-owned buses and three planes to transport   aliens.
The passenger capacity of the buses ranged from 20 to 56.
In November 1969 the Southwest Regional Office contracted,
through GSA, for the purchase of 20 new 63-passenger buses.
INS disposed of 13 buses having passenger capacities    ranging
from 30 to 66, many of which frequently   were not operated
because of mechanical breakdowns.   Therefore the Southwest
Regional Office had substantially     increased its capability
to“move aliens  by bus.   In our  opinion    the total movement
of aliens could have been accomplished by bus had the in-
creased bus fleet been available    during the 6-month period
we selected for examination.
        Southwest Regional officials       informed us that factors
other than costs must be considered in determining whether
to use planes or buses for the transportation            of aliens.
They stated that INS' primary responsibility            was law enforce-
ment rather than transportation        of persons and that consid-
eration must be given to (1) security           requirements for moving
aliens that are illegally     in the United States and (2) flex-
ibility    provided by the availability        of planes to meet unex-
pected needs to make additional        trips.
      During fiscal year 1969 thousands of aliens were moved
by bus, many between the same points served by the planes.
The Southwest Regional officials,      however, did not furnish
any evidence of security problems that had been encountered
through the use of buses.    In addition,     chartered bus ser-
vice was available  to assist in meeting unexpected needs and
had been used successfully,    including   times when the planes
were not operating.
AGENCYCOMMENTS
       In commenting on our draft report,      the Assistant   Attor-
ney General for Administration,       Department of Justice,    in-
formed us by letter     dated October 1, 1970, that INS was rap-
idly extending the use of buses in substitution         for the more
expensive transportation     of aliens by plane.     He informed
us also that the Department intended to study the feasibil-
ity of using the planes to meet department-wide         needs for
the rapid movement of persons.       He cited the movement of
prisoners   and the movement of Department employees in case
of civil   disturbances   or riots which required their presence
as examples of situations      in which the use of the planes was
being considered.
      Our review did not extend to department-wide    transporta-
tion needs.    Therefore, we are expressing no opinion on
whether the planes should be retained for such purposes.         We


                                   6
suggest,  however, that the study contemplated by the Depart-
ment include the alternative      of using commercial or military
planes for transporting     prisoners   and Department personnel
in case of civil   disturbances.




                                7
                                                                             e




                               CHAPTER3

     ALIENS GRANTEDVOLUNTARYDEPARTURENOT REQUESTEDTO

   PAY FOR THEIR TRANSPORTATION
                              WITHIN THE UNITED STATES

       Generally aliens apprehended in the Southwest Region
were assembled at selected locations         near points of appre-
hensions where preliminary       processing was conducted includ-
ing the preparation      of an apprehension record and a descrip-
tion of funds and other property         in their possession.       The
aliens were then transported,        at Government expense, by INS-
owned planes and/or buses to Mexican border detention              facil-
ities.      Aliens determined to be eligible      for voluntary     de-
parture who resided in the interior         of Mexico and who were
financially      able to pay for their transportation      were re-
quested to purchase their own tickets          on Mexican. buses from
the border into the interior        of Mexico.    If a financially
able alien refused to pay for his transportation,            he could
be held for a deportation       hearing.

      Cur review of the records pertaining     to the 276 aliens
transported   from the Livermore,  California,   sector of the
Southwest Region during a 7-day period in January 1970,
showed that 178 were financially    able to pay for the cost of
their transportation;   48 of whom had been apprehended more
than once.    Of the 178 aliens who were able to pay for the
cost of transportation,    about 50 percent had more than $100
cash and/or checks in their possession at the time of appre-
hension; one repeater had about $1,550.

       In the INS Northeast,       Southeast, and Northwest Regions,
Mexican aliens illegally         in the United States were trans-
ported from the point of apprehension          to an INS district       or
suboffice     for processing.      Aliens financially     able to pay
for their transportation         and desirous of being granted vol-
untary departure were requested to pay the cost of their
transportation      into Mexico from the INS district         or subof-
fice.     For example, an alien apprehended in Chicago, Illi-
nois, who was eligible        for voluntary   departure and was fi-
nancially     able to depart at his own expense was requested to
pay and paid the cost of his transportation            from Chicago to
the interior      of Mexico.


                                     8
      The policy followed in these three regions was pursuant
to section 242(b) of the Immigration   and Nationality Act
 (8 U.S.C. 1252(b)) which provides:

     'IIn the discretion    of the Attorney General ***
     deportation   proceedings,     Jr** need not be re-
     quired in the case of any alien who admits to
     belonging to a class of aliens who are deport-
     able under section 241 if such alien voluntarily
     departs from the United States at his own ex-
     pense, or is removed at Government expense as
     hereinafter   authorized   **.      If any alien who is
     authorized   to depart voluntarily      under the pre-
     ceding sentence is financially        unable to depart
     at his own expense and the Attorney General
     deems his removal to be in the best interest         of
     the United States, the expense of such removal
     may be paid from the appropriation         for the en-
     forcement of this Act."                *i

      We have noted that a substantial     percentage of the
aliens apprehended in the Northeast,      Southeast, and North-
west Regions who were financially     able to pay for their own
fare into Mexico from the INS district      or suboffice elected
to do so. For example, during calendar year 1970, 41 per-
cent of the aliens apprehended in the Northwest Region paid
for the cost of their transportation.

AGENCYCOMMENTS
       We had some question as to whether the procedure fol-
lowed in the Southwest Region was contemplated by the Immi-
gration and Nationality    Act. Therefore,  in a draft of this
report,   we proposed to the Commissioner, INS, that
     --the Southwest Region be directed        to require those
        aliens financially      able and desirous of being granted
        voluntary     departure to pay for the cost of their
         transportation     in the United States or
                                                                             f



      --in the event that the Commissioner determined that
          such a requirement would not be in the best interest
         of the Government because of the cost which might re-
          sult or because it was not feasible   due to the large
         number of Mexican aliens apprehended in the Southwest
         Region, he inform the Congress of the circumstances
          and request that consideration  be given to revising
          the act.

       By letter   dated October 1, 1970, the Assistant    Attorney
General for Administration      informed us that the Department
had recognized that there was a difference        in the method of
handling the transportation      of Mexican aliens between the
INS Southwest Regional Office and the other three regional
offices.     He attributed  the difference  to the vast number of
aliens located in the Southwest Region compared with the
lesser number located in the other regions.
       He stated that to detain and process aliens for return
to Mexico at the place of their apprehension,             rather than at
an INS detention      facility,      and to require them to pay their
transportation     from the apprehension point was not considered
operationally    feasible       in the Southwest Region.      He stated
also that it was believed that many aliens,            especially    expe-
rienced illegal      entrants,      would refuse to pay transportation
costs from an interior          point in the Southwest Region al-
though financially       able.      He pointed out that INS does not
have the authority       to force aliens to pay and, under the
law, would be required to conduct deportation            hearings for
aliens financially       able to pay but who refused.         The hearing
process would result         in detaining    aliens for longer periods.

       He concluded by stating     that steps were being taken to
recommend appropriate    legislative    changes to the Congress
and that, pending action by the Congress, INS intended to
continue operating    in its same manner.
      In view of the action being taken by INS to place this
matter before the Congress, we are making no recommendation.




                                   10
                            CHAPTER4

        PROCEDURES
                 FOR PROCUREMENT
                               OF BUSES IMPROVED

     During the period November 1968 through July 1969, the
Southwest Regional Office purchased, under contracts awarded
by GSA, seven buses at a unit cost of about $26,000 that
could not be used for the intended purpose.

       Although the buses were purchased for the transporta-
tion of aliens for distances up to 600 miles between cities,
they lacked sufficient        power to serve this purpose adequately
and could be used only for short trips.          Also the buses had
inoperative    air-conditioning     and heating systems and noisy
mufflers which did not meet the State of California         motor
vehicle requirements,

      In our opinion the problems were attributable       to inade-
quate procurement specifications.

      During our review INS was negotiating  to purchase,
through GSA, 20 additional   buses at a cost of about $44,000
each for travel between cities.

       To ensure that the problems      encountered with the seven
buses would not be experienced     in    the procurement of the 20
additional   buses, we brought this      matter to the attention of
the Commissioner, INS, and to the        Commissioner, Federal Sup-
ply Service, GSA, in April 1970.

       The Associate Commissioner, Management, INS, and the
Commissioner, Federal Supply Service, GSA, informed us in
May 1970 that certain actions had been taken to preclude
recurrence   of the problems experienced with the seven buses,
The actions included:

     1, Close liaison  between the two agencies in the prepa-
        ration of specifications  and in the determination
        and approval of the contract  award.
     2. Cooperation from the Army Materiel Command for tech-
        nical advice and assistance    in the development of
        specifications  and performance compliance,


                                 11
     3. A preaward conference to determine whether the se-
        lected contractor  had the necessary qualifications
        to produce the buses.

     4. A postaward    conference to reach full understanding
        with regard    to all contractual terms.

     5. Periodic inspections  of the contractor's   quality       of
        workmanship and conformance with specifications,
      Also we were informed    that the first   bus had been ac-
cepted in May 1970 after it     had met all the operational   re-
quirements.   The Associate    Commissioner, Management, INS,
stated that, subsequent to     acceptance, the bus had been
driven 570 miles with a full      load of passengers and .that it
had performed exceptionally     well and had passed all required
performance tests.

      Both agencies'  officials   attributed      the lack of problems
in the procurement of the 20 buses to the cooperation          between
the two agencies.    The GSA official      stated that the team ef-
fort devoted to this procurement would be continued in fu-
ture procurements of special-type       vehicles.        *

CONCLUSION

      Because INS and GSA have recognized the need to ensure
that buses being procured will serve the intended purposes
and have implemented procedures to provide this assurance,
we are not making any recommendations.




                                 12
                              CHAPTER5

                           SCOPEOF REVIEW
      Our review included an examination of the practices  and
procedures for transporting  Mexican aliens by the INS South-
west Regional Office and an evaluation   of actions taken by
INS to reduce costs since our review in 1968.

        We reviewed the legislation     and INS policies      concerning
the transportation       of aliens.    We examined pertinent     records
and interviewed     officials    at the INS Southwest Regional Of-
fice, San Pedro, California;        its detention  facilities      at
El Centro, California,        and El Paso, Texas; and its central
office,    Washington, D.C.




                                    13
APPENDIX
---
                                                                                             APPENDIX I




                                                    WASHINGTON,         ID. C.




and Refer to Initiala end N&                       October        1,    1970



               Mr. Max A. Neuwirth
               Associate   Director, Civil Division
               United States General   Accounting              Office
               Washington,     D. C. 20548

               Dear        Mr.   Neuwirth:

                       Reference      is made to your request       for comments        on the
               General     Accounting     Office draft report   titled   “Opportunities       to
               Reduce Costs of Returning           Aliens to Mexico,      Immigration      and
               Naturalization      Service,     Department   of Justice.    I’

                         The Immigration          and Naturalization          Service    is continuing
               to reassess        its operational     requirements          to achieve the most
               economical         means of moving the larger              number      of Mexican      aliens
               that the Service is now encountering.                     The Service       has recently
               increased       its fleet of buses by seven and is rapidly                  extending
               utilization      of the buses in substitution           for the more expensive
               movement         by plane.      However,     the Department            has under con-
                sideration      the use of a coordinated         airlift     to cover Department-
               wide needs for rapid movement                of persons.          The movement          of
               prisoners       and the movement         of Department          personnel       in case of
               civil disturbance         or riots requiring        their presence          are examples
               of situations        in which the use of the planes             is being considered.
               To this end, representatives              of the Bureau         of Prisons,       United
               States Marshalsf          Offices,    and the Immigration            and Naturalization
               Service     will meet to study the feasibility               of using the airplanes
               for these purposes.

                       It is recognized        that there is a difference       in the method of
               handling     the transportation       of Mexican    aliens between the South-
               west Region of the Immigration              and Naturalization       Service    and
               its other three Regions.            This difference     is attributable      to the
               vast number       of aliens located       in the Southwest      Region     as com-
               pared to the lesser        numbers       located in the other Regions.
APPENDIX       I



            Generally,       the alien who is financially                  able and who seeks
 voluntary       departure       prior     to proceedings           is required       to pay for
 his own transportation               to Mexico         from the place at which he is
 finally     granted      voluntary      departure.           In the Northeast,          Southeast,
 and Northwest            Regions the alien is brought                  from the place of his
 apprehension           to an interior         district     or sub-office,         granted     vol-
 untary departure            from that point,             and required        to pay his fare
 into Mexico         from that point.             In the Southwest,           the Mexican        alien
 is moved to a detention               facility      near the Mexican            border     at Gov-
 ernment        expense,       regardless          of where in the region he is located
 initially.       At the facility,        the Mexican           alien’s     case is finally
 processed.           If it is determined            that he should be granted               volun-
 tary departure           and it is found that he is financially                   able to pay his
 own fare,        he is required         to purchase          bus transportation           from the
 facility     to an interior        location       in Mexico.

           To detain and process              aliens for return          to Mexico       at the
 place of their        apprehension,          rather      than at our own Service
 facility,     and to require          them to pay their transportation                  from that
 point,     is not considered           operationally        feasible     at this time.         The
  Service position          is and has been for the past several                    years that
 movement        of deportable          aliens from their place of apprehension
 to our Service          facilities     is for custodial        and Service processing
 purposes       only and does not constitute                 a movement         of such aliens
 in connection        with their ultimate           voluntary        departure.        It is be-
 lieved that many aliens,                especially      experienced        illegal    entrants,
 would refuse 6 pay transportation                      costs from an interior              point
 in the Southwest           Region although         financially       able.      The Service
 does not have authority               to force them to pay and would be required
 under the law to conduct a deportation                       hearing.       The hearing
 proCess would result               in detaining      aliens for longer periods.                Since
 the Service       facilities       are already       operating       at capacity,       additional
 detentions      would have to be accomplished                     in a non-Service          facility.
 The high cost of lodging and meals at other than our own facilities,
 particularly       in consideration           of the large number             of aliens located
 in the Southwest           Region,      and the need for reference                to intelligence
 data located       at our facilities         would substantially            increase       our
 operating      costs.




                                                    18
                                                                                          APPENDIX              I




        The Central      Office    of the Immigration               and Naturalization
Service    has the responsibility           for establishing           the policy      relat-
ing to the payment        of transportation           costs     by Mexican        aliens.       In
that connection,      continuous       review       of the situation        is being       con-
ducted   to insure   that the most          effective       and inexpensive          method
is being    used.   The situation         is receiving         particular      attention       now
because     of the anticipated       huge increase           of illegal    Mexican         aliens.
Should   the review      of the situation         disclose      a more     effective        and
inexpensive         alternative        method        of operation,             the Central       Office
will   not hesitate        to institute         the necessary            changes.          This    problem
has been facing           the Service          for many         years       and its present          opera-
tion represents           the better        parts     of earlier         practices.          Because       of
the high cost which              could      result     from       compliance          with your
recommendation              that the alien          pay his transportation                  cost from
the point      of apprehension             to the Service           facility,       steps     are being
taken    to recommend             appropriate           legislative          changes      to Congress
as suggested          in your      report.         Pending        action       by the Congress,
the Service        intends      to operate         in its present             manner      with    regard
to this    situation.

         We appreciate       the opportunity                   to comment     on the proposed
report    to the Congress       and we will                  keep you advised      of future
developments       concerning      the above                  matters.     One copy of the
draft   report   is returned     herewith,                   as requested.

                                                      Sincerely,




                                                      L.     M. Pellerzi
                                          Assistant           Attorney      General
                                                for        Administration

&3closure




                                                   19
                                                                i




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