-

U.S. Immigration and Customs Enforcement
Office of Detention and Removal Operations

Semiannual Report on Compliance with
ICE National Detention Standards
January – June 2007

Department of Homeland Security
U.S. Immigration and Customs Enforcement

TABLE OF CONTENTS
Executive Summary............................................................................................................................... 3
Immigration and Customs Enforcement............................................................................................. 5
Office of Detention and Removal Operations (DRO) ........................................................................ 5
Figure 1: Funded Bed Space vs. DRP Average Daily Population FY 05 to FY 08........... 6
Figure 2: Current occupancy by Facility Type.................................................................. 6
Detention Standards Compliance ........................................................................................................ 7
FINAL RATINGS................................................................................................................................... 9
Figure 3: Facility Rating CY07 ......................................................................................... 9
Figure 4: Final Ratings for ICE Facilities – IGSAs Under 72 Hours............................. 10
Figure 5: Final Ratings for ICE Facilities – IGSAs Over 72 Hours ............................... 10
INDIVIDUAL STANDARD RATINGS .............................................................................................. 12
Figure 6: Detention Reviews – First half of CY07 (All Facilities) .................................. 12
Figure 7: Detention Reviews – First half of CY07 (All IGSAs)....................................... 13
Figure 8: Detention Reviews –First half of CY07 (SPCs) ............................................... 14
Figure 9: Detention Reviews –First half of CY07 (CDFs) .............................................. 15
Figure 10: Detention Reviews – First half of CY07 (SPCs, CDFs, and IGSAs Over
72 hours) .......................................................................................................................... 16
Figure 11: Detention Reviews – First half of CY07 (IGSAs only Under 72 hours) ........ 17
APPENDIX A: ICE NATIONAL DETENTION STANDARDS .................................................... 18
APPENDIX B : SPC and CDF LOCATIONS .................................................................................. 27

 

2

Department of Homeland Security
U.S. Immigration and Customs Enforcement

Executive Summary
In 2007, the U.S. Department of Homeland Security, Immigration and Customs Enforcement
(ICE) enacted a multi-year strategy of improving immigration enforcement. This strategy targets
criminal aliens, fugitive aliens, and the criminal infrastructure that supports illegal immigration,
and has an enhanced focus on worksite enforcement and elimination of the jobs magnet that draw
illegal workers to the United States. A key component in executing this strategy is providing safe,
secure and compliant detention facilities for all ICE detainees, once a determination has been
made to assume custody. Essential to ensuring that these facilities provide appropriate conditions
of confinement is the ICE Detention Facility Inspection Program.
In order to facilitate transparency of the ICE Detention Facility Inspection Program, the Assistant
Secretary of ICE directed that the Office of Detention and Removal Operations (DRO) report
semi-annually on agency-wide adherence with the ICE National Detention Standards (NDS). ICE,
with the assistance of law enforcement professionals and non-governmental organizations
(NGOs), has carefully crafted 38 National Detention Standards, which are explained in detail in
Appendix A.
This is the first such report issued under this directive and covers the period of January through
June 2007. It explains the standards that ICE uses to rate the performance of detention facilities,
and shows results for the six months covered by this report. ICE will release a new report semiannually covering the review and remediation activities, if any, for the respective time period.
These semi-annual reports will also be posted on the ICE website at http://www.ice.gov.
ICE uses several different kinds of detention facilities to house people detained for immigrationrelated violations, including Service Processing Centers (SPCs), which are owned and operated by
ICE; Contract Detention Facilities (CDFs), which are owned and operated by private-sector
businesses on behalf of ICE; and facilities operated by government entities under
Intergovernmental Service Agreements (IGSAs).
The results of 176 detention facility inspection reviews completed in the first half of calendar year
2007 are represented in this report. Facilities that hold detainees for longer than 72 hours receive
individual Detention Standard Ratings on all 38 Detention Standards. Facilities that hold
detainees for 72 hours or less get evaluated on 27 of the 38 Detention Standards. These ratings are
scored as: Acceptable, Deficient, At-Risk, or Not Applicable. In addition, each facility receives a
Final Rating to represent an overall performance score. Final Ratings are scored as: Superior,
Good, Acceptable, Deficient, or At-Risk. The highest rating that can be achieved by an under 72
hour facility is Acceptable.
Final Ratings
•
•
•
•
•

Individual Ratings

Superior
Good
Acceptable
Deficient
At Risk

•
•
•
•

3

Acceptable
Deficient
At Risk
Not Applicable

Department of Homeland Security
U.S. Immigration and Customs Enforcement
The summary of individual standard ratings for the 176 completed reviews January 2007
through June 2007 is as follows:
•

Service Processing Centers (SPCs): 95% of Individual Ratings were Acceptable,
5% were Deficient or At-Risk.

•

Contract Detention Facilities (CDFs): 100% of Individual Ratings were
Acceptable.

•

Intergovernmental Service Agreements (IGSAs): 99% of Individual Ratings were
Acceptable, 1% were Deficient or At-Risk.

Where specific deficiencies have been noted, ICE directs that corrective action be taken.
Corrective actions taken as a result of reviews conducted during this time period will be covered in
the next semi-annual report. Definitions of SPCs, CDFs, and IGSAs, can be found on Page 6;
more details can be found in the analysis following Figure 7.
The overall final ratings for the 176 facilities reviewed are set forth below:
•

SPCs: 100% (7 of 7) received a Final Rating of Acceptable or above.

•

CDFs: 100% (4 of 4) received a Final Rating of Acceptable or above.

•

IGSAs: 87% (144 of 165) received a Final Rating of Acceptable or above.

Any facility receiving a rating of Deficient as a final overall rating or for any individual standard
must follow the DRO formal Plan of Action process, which requires the facilities to submit a
remediation plan to DRO Headquarters within 30 days of notification. Any deficiency that poses
a threat to the health or safety of the detained population must be corrected immediately.
Once approved, the facility has 90 days to execute the plan of action and correct the deficiency. If
a facility fails to correct the noted deficiencies, penalties may be imposed, as outlined in the
existing contract and based on the recommendation of the ICE Contracting Officer. When
facilities are unable or unwilling to comply, ICE may discontinue use of the facility by terminating
the contract/agreement or by simply transferring detainees to another facility.

4

Department of Homeland Security
U.S. Immigration and Customs Enforcement

Immigration and Customs Enforcement
Office of Detention and Removal Operations (DRO)
The ICE Office of Detention and Removal Operations promotes public safety and national
security by enforcing the nation’s immigration laws, managing and overseeing the detention,
transportation and removal from the United States of immigration violators, and locating and
arresting fugitive aliens against whom outstanding final orders of removal have been issued. In
order to effectively discharge its duties under the law, DRO has developed and implemented the
ICE National Detention Standards (NDS). Originally developed in 2000 under the former
Immigration and Naturalization Service (INS), the current 38 Detention Standards cover such
critical areas as facility security, environmental safety, religious and medical services, access to
visitation, telephones, legal information and representation, and group presentations on legal
rights.
DRO is currently undertaking a thorough revision of the NDS resulting in a new performancebased approach to implementing the NDS. By using performance metrics to supplement subject
matter expert ratings in tracking progress and adherence to standards, ICE can more accurately
measure whether goals are being met. The draft version of the Performance-Based National
Detention Standards (PBNDS) contains four new standards and consolidation of two standards
dealing with related issues. The four new proposed standards are News Media Interviews and
Tours (formerly part of Visitation), Searches of Detainees, Sexual Abuse and Assault Prevention
and Intervention, and Staff Training. These revised standards have been developed to reflect
current American Correctional Association (ACA) standards, which are the national benchmark
for all varieties of detention operations.
Since Fiscal Year (FY) 2005, the number of aliens in ICE custody has dramatically increased,
requiring more resources to house them. In FY 2005, ICE was funded for 18,500 bed spaces,
which increased by 49 percent in the following two years, to reach 27,500 bed spaces by the end
of FY 2007. In FY 2008, ICE will be funded for 32,000 bed spaces, representing a 73 percent
increase over FY 2005. The growth in both detention space and average daily (detained)
population is illustrated in Figure 1.

5

Department of Homeland Security
U.S. Immigration and Customs Enforcement
Figure 1: Funded Bed Space vs. Average Daily Population (ADP) FY 05 to FY 08
Funded Bed Space vs. ADP
35000
30000
25000

ADP

20000

Funded Bed
Space

15000
10000
5000
0
FY 2005

FY 2006

FY 2007

FY 2008

ICE owns and operates eight detention facilities, called Service Processing Centers (SPCs), and
augments its detention capacity with seven Contract Detention Facilities (CDFs), operated by
contractors, and houses only those detained for immigration violations. See Appendix B for list of
SPCs and CDFs.
In addition, ICE uses over 300 state and local jails, which are paid for through reimbursement
agreements called Intergovernmental Service Agreements (IGSAs).
Figure 2: Current Occupancy by Facility Type
Average Daily Population (ADP) as of January 21, 2008

SPC
17%
IGSA
CDF
SPC

CDF
18%
IGSA
65%

6

Department of Homeland Security
U.S. Immigration and Customs Enforcement

Detention Standards Compliance
To improve performance and the delivery of services to ICE’s detained population, DRO
developed, implemented, and managed a national facilities inspections program called the
Detention Management Control Program (DMCP). The DMCP was created to provide reasonable
assurance that detention facilities utilized by ICE operate in a manner consistent with the ICE
National Detention Standards (NDS).
The Detention Facility Inspection Program has been conducted by ICE staff and Division of
Immigration Health Services staff that have received specialized Detention Standards Reviewer
training. Service Processing Centers (SPCs), Contract Detention Facilities (CDFs) and certain
dedicated Intergovernmental Service Agreements (IGSAs) receive reviews coordinated by
Headquarters Detention Management Division/Detention Standards Compliance Unit staff and
conducted by HQ and field staff. All other facilities receive reviews conducted by ICE field staff.
In 2007, to achieve an increased level of compliance ICE hired two contractors. Both Creative
Corrections and the Nakamoto Group will bring considerable subject matter expertise to the
contract compliance oversight program. Creative Corrections Corporation will conduct all annual
facility reviews. Creative Corrections staff possesses expertise in the correctional field and will be
trained to conduct detention facility inspections in accordance with the DMCP and the ICE
National Detention Standards. The Nakamoto Group (Nakamoto) was hired to provide on-site
monitoring of compliance with detention standards and quality of life issues. Nakamoto will assist
DRO in identifying areas of non-compliance on a continuous basis, without having to wait for
detection during an annual review, thereby enabling facilities to address and correct those
deficiencies immediately. Nakamoto staff also possess subject matter expertise in the correctional
field, and will be trained to conduct on-site compliance monitoring in accordance with the DMCP
and the ICE National Detention Standards. Nakamoto is scheduled to be on site at 40 facilities,
including all SPCs and CDFs, and in selected larger state and local detention facilities operating
under IGSAs.

Also in 2007, ICE created the Detention Facilities Inspection Group (DFIG) within the ICE Office
of Professional Responsibility (OPR). OPR is better defined as the ICE “Internal Affairs” branch,
whose purpose, among other duties, is to independently validate detention inspections for noncompliance with the NDS. DFIG performs quality assurance reviews of the facility inspection
process, helping to ensure consistency in how reviews are conducted, and verifying that needed
corrections have occurred.
As of June 30, 2007, the Detention Standards Compliance Unit has tracked a total of 176 reviews
that were conducted from January 2007 to June 2007. These inspections covered 7 SPCs, 4 CDFs,
101 facilities falling under IGSAs that can house detainees for periods of confinement over 72
hours, and 64 IGSAs that house detainees for periods of confinement 72 hours or less.

7

Department of Homeland Security
U.S. Immigration and Customs Enforcement

Ratings and Findings
The Detention Management Control Program provides the criteria for determining the rating of a
facility. It is a system that enables all managers throughout the program to assess facility
performance; determine the degree of risk; test the adequacy of internal controls and adjust
operations to conform to requirements and achieve desired results. In conducting the review,
information is gathered that will reflect the conclusions contained in the final report. Evidence
must be sufficient, competent, reliable and relevant to be considered in the findings. Although the
standards are not weighted, some are considered to be more critical, such as those that deal with
Life Safety issues, and will have more of an influence on the final rating. Standards that are
evaluated as critical in terms of potential impact on the overall rating include Medical Standards,
Classification, Food Service, Hunger Strikes, Emergency Plans, Environmental Health and Safety
and Tool Control Standards. Life safety issues require immediate action to resolve and at times
result in a lower rating. The rating is determined by a careful evaluation of how well the detention
functions identified in the guidelines are being carried out. Further, the rating is a measure of the
program's overall performance; it is not contingent upon exception reporting, which is issue or
incident dependent. The rating scale follows:
Superior – Performing all functions in an exceptional manner; excellent internal controls and
exceeding expectations. Deficiencies are limited in number and not serious in nature. The facility
cannot receive a Superior rating if any standard is rated deficient or at-risk.
Good – Performing all functions and internal controls are such that there are few deficient
procedures within any function. Overall performance is above an acceptable level. The facility
cannot receive a good rating if any standard is rated at-risk or is a repeat deficiency.
Acceptable – This is the “baseline” for the rating system. The detention functions are being
adequately performed. Any deficiencies that may exist are not deemed serious so that they do not
affect acceptable accomplishment of the vital functions. Internal controls are such that there are no
performance breakdowns that would keep the program from continuing to accomplish its mission.
Deficient – One or more detention functions are not being performed at an acceptable level.
Internal controls are weak, thus allowing for serious deficiencies in one or more program areas.
At-Risk – The detention operations are impaired to the point that it is not presently accomplishing
its overall mission. Internal controls are not sufficient to reasonably assure acceptable performance
in the future.
As of June 30, 2007, a total of 176 reviews were conducted during the first half of the 2007
calendar year. See the breakdown below of completion status by facility type.

8

Department of Homeland Security
U.S. Immigration and Customs Enforcement
FINAL RATINGS
Figure 3: Facility Rating CY07

Final Rating First Half of CY07 (177 reviews
Superior
conducted)
6%
Good
23%

Acceptable
At-Risk
Deficient

Deficient
10%

Acceptable
59%

Good
Superior

At-Risk
2%

SPCs (Service Processing Centers) – Seven out of eight SPC facilities were reviewed in the first
six months of 2007:
Two facilities received a Superior rating.
Two facilities received a Good rating.
Three facilities received an Acceptable rating.
CDFs (Contract Detention Facilities) – Four out of seven CDF facilities were reviewed in the first
six months of 2007:
Two of these facilities received a Superior rating.
One was rated as Good.
One was rated as Acceptable.
IGSAs Under 72 Hours– Sixty-four facilities were reviewed for the first half of the 2007 calendar
year:
Fifty-six facilities received an Acceptable rating.
Seven facilities received a Deficient rating.
One facility received an At-Risk rating.

9

Department of Homeland Security
U.S. Immigration and Customs Enforcement
Figure 4: Final Ratings for ICE Facilities – IGSAs Under 72 Hours
IGSAs UNDER 72 HOURS (64 reviews conducted)

Deficient
11%

At-Risk
2%

Acceptable
At-Risk
Deficient

Acceptable
87%

IGSAs Over 72 Hours – One hundred one facilities were reviewed for the first half of the 2007
calendar year:
Six facilities received a Superior rating.
Thirty-seven facilities received a Good rating.
Forty-five facilities received an Acceptable rating.
Two facilities received an At-Risk rating.
Eleven facilities received a Deficient rating.
Figure 5: Final Ratings for ICE Facilities – IGSAs Over 72 Hours

IGSAs OVER 72 HOURS (101 reviews conducted)

Superior
6%
Acceptable

Acceptable
44%

Good
37%

At-Risk
Deficient
Good
Superior

Deficient
11%

At-Risk
2%

10

Department of Homeland Security
U.S. Immigration and Customs Enforcement

Remediation, Corrective Action and Progress Reports
Since this is the first semi-annual report, facility inspection results are reported without discussion
of remediation and corrective action details. The next semi-annual report will include additional
detail on the results of the Detention Facility Inspection program will be provided along with
discussion of the implementation of the Contract Compliance Oversight program, development of
the performance-based National Detention Standards and an update on the reworking of the
Detention Management Control Program.

11

Department of Homeland Security
U.S. Immigration and Customs Enforcement

INDIVIDUAL STANDARD RATINGS
The following four tables compare the first six months of the 2006 calendar year with the first six
months of 2007. Individual ratings are grouped into two categories, Acceptable (A) and Deficient
or At-Risk (D). Certain ICE detention standards might not be applicable at an ISGA facility if the
evaluated area is not provided by the detention facility. For example, the Land Transportation
standard for an IGSA facility would not be reviewed if all ICE Transportation is handled only the
ICE Field Office in control of the detainee case. Individual ratings scored as Not Applicable are
not included in the percentages
Figure 6: Detention Reviews – First half of CY07 (All Facilities)
1. National Standards - Summary Report of Compliance
Jan - Jun '07 Detention Reviews conducted for All Facilities (IGSAs, CDFs, SPCs):
A - Acceptable; D - Deficient, At-Risk, Repeat Finding
1 Access to Legal Materials
2 Group Presentation on Legal Rights
3 Visitation
4 Telephone Access
5 Admissions and release
6 Classification System
7 Correspondance and Other Mail
8 Detainee Handbook
9 Food Services
10 Funds and Personal Property
11 Detainee Grievance Procedures
12 Issuance and Exchange of Clothing, Bedding and Towels
13 Marriage Requests
14 Non Medical Emergency Escort Trip
15 Recreation
16 Religious Practices
17 Voluntary Work Program
18 Hunger Strike
19 Medical Care
20 Suicide Prevention and Intervention
21 Terminal Illness, Advanced Directives and Death
22 Contraband
23 Detention Files
24 Disciplinary Policy
25 Emergency Plan
26 Enviormental Health and Safety
27 Hold Rooms in Detention Facilities
28 Key and Lock Control
29 Population Counts
30 Post Orders
31 Security Inspections
32 Special Management units (ADM)
33 Special Management units (DSC)
34 Tool Control
35 Transportation
36 Use of Force
37 Staff/ Detainee Communication
38 Detainee Transfer
Average

12

A%

Jan-Jun 2007
D%
94%
99%
99%
98%
99%
99%
100%
94%
97%
99%
99%
99%
100%
100%
99%
99%
100%
98%
98%
98%
97%
99%
100%
99%
99%
94%
100%
98%
99%
98%
99%
98%
98%
95%
100%
98%
98%
100%
98%

6%
1%
1%
2%
1%
1%
0%
6%
3%
1%
1%
1%
0%
0%
1%
1%
0%
2%
2%
2%
3%
1%
0%
1%
1%
6%
0%
2%
1%
2%
1%
2%
2%
5%
0%
2%
2%
0%
2%

Department of Homeland Security
U.S. Immigration and Customs Enforcement

Figure 7: Detention Reviews – First half of CY07 (All IGSAs)
2. National Standards - Summary Report of Compliance
Jan - Jun '07 Detention Reviews conducted for IGSAs:
A - Acceptable; D - Deficient, At-Risk, Repeat Finding
1 Access to Legal Materials
2 Group Presentation on Legal Rights
3 Visitation
4 Telephone Access
5 Admissions and release
6 Classification System
7 Correspondance and Other Mail
8 Detainee Handbook
9 Food Services
10 Funds and Personal Property
11 Detainee Grievance Procedures
12 Issuance and Exchange of Clothing, Bedding and Towels
13 Marriage Requests
14 Non Medical Emergency Escort Trip
15 Recreation
16 Religious Practices
17 Voluntary Work Program
18 Hunger Strike
19 Medical Care
20 Suicide Prevention and Intervention
21 Terminal Illness, Advanced Directives and Death
22 Contraband
23 Detention Files
24 Disciplinary Policy
25 Emergency Plan
26 Enviormental Health and Safety
27 Hold Rooms in Detention Facilities
28 Key and Lock Control
29 Population Counts
30 Post Orders
31 Security Inspections
32 Special Management units (ADM)
33 Special Management units (DSC)
34 Tool Control
36 Use of Force
37 Staff/ Detainee Communication
38 Detainee Transfer
Average

13

A%

CY 2007
D%
93%
99%
99%
98%
99%
99%
100%
94%
98%
98%
99%
98%
100%
100%
99%
99%
100%
98%
99%
98%
97%
99%
100%
99%
99%
94%
100%
98%
99%
98%
99%
98%
98%
95%
100%
98%
99%
98%

7%
1%
1%
2%
1%
1%
0%
6%
2%
2%
1%
1%
0%
0%
1%
1%
0%
2%
1%
2%
3%
1%
0%
1%
1%
6%
0%
2%
1%
2%
1%
2%
2%
5%
0%
2%
1%
2%

Department of Homeland Security
U.S. Immigration and Customs Enforcement
Figure 8: Detention Reviews –First half of CY07 (SPCs)
3. National Standards - Summary Report of Compliance
Jan - Jun '07 Detention Reviews conducted for SPCs:
A - Acceptable; D - Deficient, At-Risk, Repeat Finding
1 Access to Legal Materials
2 Group Presentation on Legal Rights
3 Visitation
4 Telephone Access
5 Admissions and release
6 Classification System
7 Correspondance and Other Mail
8 Detainee Handbook
9 Food Services
10 Funds and Personal Property
11 Detainee Grievance Procedures
12 Issuance and Exchange of Clothing, Bedding and Towels
13 Marriage Requests
14 Non Medical Emergency Escort Trip
15 Recreation
16 Religious Practices
17 Voluntary Work Program
18 Hunger Strike
19 Medical Care
20 Suicide Prevention and Intervention
21 Terminal Illness, Advanced Directives and Death
22 Contraband
23 Detention Files
24 Disciplinary Policy
25 Emergency Plan
26 Enviormental Health and Safety
27 Hold Rooms in Detention Facilities
28 Key and Lock Control
29 Population Counts
30 Post Orders
31 Security Inspections
32 Special Management units (ADM)
33 Special Management units (DSC)
34 Tool Control
35 Transportation
36 Use of Force
37 Staff/ Detainee Communication
38 Detainee Transfer
Average

14

A%

CY 2007
D%
100%
100%
100%
100%
100%
100%
100%
100%
80%
100%
100%
100%
100%
100%
100%
100%
100%
100%
80%
100%
100%
100%
100%
100%
100%
80%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
60%
100%
97%

0%
0%
0%
0%
0%
0%
0%
0%
20%
0%
0%
0%
0%
0%
0%
0%
0%
0%
20%
0%
0%
0%
0%
0%
0%
20%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
40%
0%
3%

Department of Homeland Security
U.S. Immigration and Customs Enforcement

Figure 9: Detention Reviews –First half of CY07 (CDFs)
4. National Standards - Summary Report of Compliance
Jan - Jun '07 Detention Reviews conducted for CDFs:
A - Acceptable; D - Deficient, At-Risk, Repeat Finding
1 Access to Legal Materials
2 Group Presentation on Legal Rights
3 Visitation
4 Telephone Access
5 Admissions and release
6 Classification System
7 Correspondance and Other Mail
8 Detainee Handbook
9 Food Services
10 Funds and Personal Property
11 Detainee Grievance Procedures
12 Issuance and Exchange of Clothing, Bedding and Towels
13 Marriage Requests
14 Non Medical Emergency Escort Trip
15 Recreation
16 Religious Practices
17 Voluntary Work Program
18 Hunger Strike
19 Medical Care
20 Suicide Prevention and Intervention
21 Terminal Illness, Advanced Directives and Death
22 Contraband
23 Detention Files
24 Disciplinary Policy
25 Emergency Plan
26 Enviormental Health and Safety
27 Hold Rooms in Detention Facilities
28 Key and Lock Control
29 Population Counts
30 Post Orders
31 Security Inspections
32 Special Management units (ADM)
33 Special Management units (DSC)
34 Tool Control
35 Transportation
36 Use of Force
37 Staff/ Detainee Communication
38 Detainee Transfer
Average

15

A%

CY 2007
D%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100.00%

0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0.00%

Department of Homeland Security
U.S. Immigration and Customs Enforcement
The following two tables show the evaluation results for individual standards. The first table
provides information concerning 38 criteria that are applied to SPCs, CDFs, and IGSAs (Over 72
hours). The second table presents information about 28 criteria, which apply only to IGSAs
(Under 72 hours).
Figure 10: Detention Reviews – First half of CY07 (SPCs, CDFs, and IGSAs Over 72 hours)

FACILITIES OVER 72 HOURS - IGSAs CDFs SPCs

Acceptable

Deficient

Repeat FindingAt Risk

Not Applicable Total

Access to legal Materials

105

7

0

0

0

112

Group presentation on Legal Rights
Visitation

110

1

0

0

1

112

111

1

0

0

0

112

Telephone Access

109

3

0

0

0

112

Admissions and release

111

0

0

1

0

112

Classification System

111

1

0

0

0

112

Correspondance and Other Mail

112

0

0

0

0

112

Detainee Handbook

106

6

0

0

0

112

Food Services

108

4

0

0

0

112

89

1

0

1

21

112

Detainee Grievance Procedures

111

0

0

1

0

112

Issuance and Exchange of Clothing, Bedding and Towels

Funds and Personal Property

110

2

0

0

0

112

Marriage Requests

94

0

0

0

18

112

Non Medical Emergency Escort Trip

45

0

0

0

67

112

Recreation

111

1

0

0

0

112

Religious Practices

109

2

0

0

1

112

58

0

0

0

54

112

Hunger Strike

110

2

0

0

0

112

Medical Care

110

1

0

1

0

112

Suicide Prevention and Intervention

109

3

0

0

0

112

Terminal Illness, Advanced Directives and Death

108

2

1

0

1

112

Contraband

111

1

0

0

0

112

Detention Files

107

0

0

0

5

112

Disciplinary Policy

112

0

0

0

0

112

Emergency Plan

112

0

0

0

0

112

Enviormental Health and Safety

107

4

0

0

1

112

Hold Rooms in Detention Facilities

112

0

0

0

0

112

Key and Lock Control

110

2

0

0

0

112

Population Counts

112

0

0

0

0

112

Post Orders

110

2

0

0

0

112

Security Inspections

111

1

0

0

0

112

Special Management units (ADM)

112

0

0

0

0

112

Special Management units (DSC)

112

0

0

0

0

112

Tool Control

109

1

0

1

1

112

59

0

0

0

53

112

Use of Force

110

2

0

0

0

112

Staff/ Detainee Communication
Detainee Transfer

107

4

0

0

1

112

112

0

0

0

0

112

Voluntary Work Program

Transportation

16

Department of Homeland Security
U.S. Immigration and Customs Enforcement
Figure 11: Detention Reviews – First half of CY07 (IGSAs only Under 72 hours)

IGSAs Under 72 Hours
Acceptable

Deficient

Repeat Finding At Risk

Not Applicable Total

1 Visitation

64

0

0

0

0

64

2 Telephone Access
3 Admissions and release

63

1

0

0

0

64

63

1

0

0

0

64

4 Classification System

63

1

0

0

0

64

5 Detainee Handbook

60

1

3

0

0

64

6 Food Services

63

0

0

1

0

64

7 Funds and Personal Property

49

0

0

0

15

64

8 Detainee Grievance Procedures

63

1

0

0

0

64

9 Issuance and Exchange of Clothing, Bedding and Towels

64

0

0

0

0

64

64

0

0

0

0

64

10 Recreation
11 Religious Practices

64

0

0

0

0

64

12 Medical Care

63

1

0

0

0

64

13 Suicide Prevention and Intervention

64

0

0

0

0

64

14 Contraband

63

1

0

0

0

64

15 Detention Files

39

0

0

0

25

64

16 Disciplinary Policy

63

1

0

0

0

64

17 Emergency Plan

62

1

0

1

0

64

18 Enviormental Health and Safety

57

4

1

2

0

64

19 Hold Rooms in Detention Facilities

64

0

0

0

0

64

20 Key and Lock Control

62

2

0

0

0

64

21 Population Counts

63

1

0

0

0

64

22 Security Inspections

64

0

0

0

0

64

23 Special Management units (ADM)

61

2

0

1

0

64

24 Special Management units (DSC)

61

2

0

1

0

64

25 Tool Control

57

4

0

2

1

64

26 Use of Force

63

1

0

0

0

64

27 Staff/ Detainee Communication
28 Detainee Transfer

64

0

0

0

0

64

64

0

0

0

0

64

17

Department of Homeland Security
U.S. Immigration and Customs Enforcement
APPENDIX A: ICE NATIONAL DETENTION STANDARDS
The current 38 National Detention Standards serve as the basis for the facility reviews conducted
for this report. The following synopsis of each standard sets the context for understanding the
results of the facility compliance evaluations.

1 Access to Legal Materials

2

Group Presentation on Legal
Rights

Facilities holding ICE detainees shall permit detainees
access to a law library, and provide legal materials,
facilities, equipment and document copying privileges,
and the opportunity to prepare legal documents.

Facilities holding ICE detainees shall permit authorized
persons to make presentations to groups of detainees for
the purpose of informing them of U.S. immigration law
and procedures, consistent with the security and orderly
operation of each facility. ICE encourages such
presentations, which instruct detainees about the
immigration system and their rights and options within it.
All facilities shall fully cooperate with authorized persons
seeking to make such presentations.

3 Visitation

Facilities holding ICE detainees shall permit authorized
persons to visit detainees, within security and operational
constraints. To maintain detainee morale and family
relationships, ICE encourages visits from family and
friends. Facilities shall allow detainees to meet privately
with their current or prospective legal representatives and
legal assistants, and also with their consular officials. To
better inform the public about ICE detention operations,
facilities shall permit representatives of the news media
and non-governmental organizations to have access to
non-classified and non-confidential information about
their operation; given appropriate notice, to tour facilities;
and, with permission from ICE and the detainees, to
interview individual detainees.

4 Telephone Access

Facilities holding ICE detainees shall permit them to have
reasonable and equitable access to telephones, including
telephone access to legal representatives and consular
officials without charge.

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Department of Homeland Security
U.S. Immigration and Customs Enforcement

5 Admissions and Release

The procedures a facility follows in admitting and
releasing detainees protect the health, safety, and welfare
of each person. During the admissions process, detainees
undergo screening for medical purposes; have their files
reviewed for classification purposes; submit to a standard
body search 1 ; and personally observe and certify the
examination, categorization, inventorying, and
safeguarding of all personal belongings. During the
release process, detainees return clothing, bedding, and
other facility-issued items; participate in identityverification procedures; and complete documents in
accordance with facility procedures, including certifying
receipt of all inventoried personal property, including
funds and valuables.

6 Classification System

All ICE detention facilities will implement this Detainee
Classification System (DCS). CDFs and IGSA facilities
may continue using the systems established locally, if the
classification criteria are objective and all procedures
meet ICE requirements. The classification system
created through these standards will ensure that each
detained alien is placed in the appropriate category and
physically separated from detainees in other categories.

7 Correspondence and Other Mail

All facilities will ensure that detainees send and receive
correspondence in a timely manner, subject to limitations
required for the safety, security, and orderly operation of
the facility. Other mail will be permitted, subject to the
same limitations. Each facility will widely distribute its
guidelines concerning correspondence and other mail.

1
The September 20, 2000 DMCP Detention Standard on Admission and Release on the Search of Detainee and Property states that each new
arrival will be strip-searched, in accordance with the “Detainee Search” Standard. On October 15, 2007 the DRO Director signed a memorandum
amending the Admission and Release Standards. The memorandum states “all facilities housing Immigration and Customs Enforcement (ICE)
detainees shall permit detainees to change clothing and shower in private room without being visually observed by a staff member, unless there is
reasonable suspicion that the individual processes contraband. It goes on to state that facilities are reminded that strip searches, cavity searches,
monitored changes of clothing, monitoring showering… for the purpose of searching for contraband are prohibited, absent reasonable suspicion of
contraband possession. Facilities may use less intrusive means to detect contraband, such as clothed pat searches, intake questioning, x-rays and
metal detectors.

19

Department of Homeland Security
U.S. Immigration and Customs Enforcement

8 Detainee Handbook

9 Food Services

Every OIC will develop a site-specific detainee handbook
to serve as an overview of, and guide to, the detention
policies, rules, and procedures in effect at the facility.
The handbook will also describe the services, programs,
and opportunities available through various sources,
including the facility, ICE, private organizations, etc.
Every detainee will receive a copy of this handbook upon
admission to the facility. Detainees are expected to
behave in accordance with the rules set down in the
handbook, and will be held accountable for violations.
Therefore, the facility staff will advise every detainee to
become familiar with the material in the handbook.
It is ICE policy to provide detainees with nutritious,
attractively presented meals, prepared in a sanitary
manner while identifying, developing and managing
resources to meet the operational needs of the food
service program.

10 Funds and Personal Property

All facilities will provide for the control and safeguarding
of detainees’ personal property. This will include the
secure storage of funds, valuables, baggage and other
personnel property; a procedure for documentation and
receipting of surrendered property; and the initial and
regularly scheduled inventories of all funds, valuables
and other property.

11 Detainee Grievance Procedures

Every facility will develop and implement standard
operating procedures (SOP) that address detainee
grievances. Among other things, each SOP must establish
a reasonable time limit for: (i) processing, investigating,
and responding to grievances; (ii) convening a grievance
committee to review formal complaints; and (iii)
providing written responses to detainees who file formal
grievances, including the basis for the decision. The SOP
must also prescribe procedures applicable to emergency
grievances. All grievances will receive supervisory
review, and include guarantees against reprisals.

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Department of Homeland Security
U.S. Immigration and Customs Enforcement

12

Issuance and Exchange of
Clothing, Bedding and Towels

13 Marriage Requests

14

Non Medical Emergency Escort
Trip

15 Recreation

16 Religious Practices

17 Voluntary Work Program

Basic hygiene is essential to the well-being of detainees
in the custody of the U.S. Immigration and Customs
Enforcement (ICE). Therefore, ICE policy requires that
all facilities housing ICE detainees in accordance with
this standard provide clean clothing, bedding, linens and
towels to every ICE detainee upon arrival. Further,
facilities shall provide ICE detainees with regular
exchanges of clothing, linens, and towels for as long as
they remain in detention.

All marriage requests from ICE detainees receive a caseby-case review.

The U.S. Immigration and Customs Enforcement (ICE)
provides detainees with approved staff-escorted trips into
the community for the purpose of visiting critically ill
members of the detainee’s immediate family, or for
attending their funerals. This Standard applies to ICE
only (SPCs/CDFs). All facilities shall refer all such
requests to the Field Office Director.
All facilities shall provide ICE detainees with access to
recreational programs and activities, under conditions of
security and supervision that protect their safety and
welfare.
Detainees of different religious beliefs will be provided
reasonable and equitable opportunities to participate in
the practices of their respective faiths. These
opportunities will exist equally for all, regardless of the
number of practitioners of a given religion, whether the
religion is "mainstream", whether the religion is
"Western" or "Eastern", or other such factors.
Opportunities will be constrained only by concerns about
safety, security, the orderly operation of the facility, or
extraordinary costs associated with a specific practice.
Every facility with a work program will provide detainees
the opportunity to work and earn money. While not
legally required to do so, ICE affords working detainees
basic Occupational Safety and Health Administration
(OSHA) protections.

21

Department of Homeland Security
U.S. Immigration and Customs Enforcement

18 Hunger Strike

19 Medical Care

20

21

All facilities will follow accepted standards of care in the
medical and administrative management of hungerstriking detainees. Facilities will do everything within
their means to monitor and protect the health and welfare
of a hunger-striking detainee, consistent with legal
authority and standard medical and psychiatric practice.
Facilities will make every effort to obtain the hunger
striker’s informed consent for treatment, especially when
the hunger strike is threatening his/her life or long-term
health.

All detainees shall have access to medical services that
promote detainee health and general well-being. Medical
facilities in service processing centers and contract
detention facilities will maintain current accreditation by
the National Commission on Correctional Health Care.

Suicide Prevention and
Intervention

All staff working with ICE detainees in detention
facilities will be trained to recognize signs and situations
potentially indicating a suicide risk. Staff will act to
prevent suicides with appropriate sensitivity, supervision,
and referrals. Any clinically suicidal detainee will receive
preventive supervision and treatment.

Terminal Illness, Advanced
Directives and Death

All facilities shall have policies and procedures
addressing the issues of terminal illness, fatal injury,
advance directives, and detainee death. Each will address
notification of all concerned, from family to ICE. In the
cases of Terminal Illness, Advance Directive requests and
detainee death, IGSAs and CDFs shall contact ICE
immediately. ICE shall implement the necessary
procedures specified in this standard.

22 Contraband

Detention staff will handle and properly dispose of
contraband in accordance with the standard operating
procedures of the facility. Contraband will be destroyed
in the presence of at least one official observer, and those
involved will document every instance of contrabanddestruction.

22

Department of Homeland Security
U.S. Immigration and Customs Enforcement

23 Detention Files

All facilities will create a detention file for each ICE
detainee booked into the facility for more than 24 hours.
The detention file will contain copies and, in some cases,
the originals of documents including, among other things,
the classification sheet, medical questionnaire, property
inventory sheet, disciplinary records, etc.

24 Disciplinary Policy

To provide a safe and orderly living environment, facility
authorities will impose disciplinary sanctions on any
detainee whose behavior is not in compliance with
facility rules and procedures.

25 Emergency Plan

Every facility will develop plans and procedures for
handling emergency situations reasonably likely to occur.
The goal of these "contingency plans" is to control the
situation without endangering lives or property.

26 Environmental Health and Safety

Each facility will establish a hazardous materials program
for the control, handling, storage, and use of flammable,
toxic, and caustic materials. This will protect detainees,
staff, and visitors, preventing breaches in safety and
security. Among other things, the facility will include the
identification and labeling of hazardous materials in
accordance with applicable regulations, standards and
codes (Occupational Safety and Health Administration
(OSHA), National Fire Protection Association, etc.); will
provide warnings of incompatible materials, etc.

Hold Rooms in Detention
27
Facilities

Hold rooms will be used for the temporary detention of
individuals awaiting removal, transfer, EOIR hearings,
medical treatment, intra-facility movement, or other
processing into or out of the facility.

28 Key and Lock Control

Every facility will maintain an efficient system for the
use, accountability, and maintenance of keys and locks.

29 Population Counts

All facilities shall implement an effective system for
counting detainees. Formal and informal counts will be
conducted as necessary to ensure around-the-clock
accountability for all detainees.

23

Department of Homeland Security
U.S. Immigration and Customs Enforcement

30 Post Orders

Each officer will have written post orders that specifically
apply to his/her current duties. The post orders will
specify the duties of the post officer, along with
instructions on how to perform those duties. The step-bystep procedures will include enough detail to guide a
novice assigned to the post. The OIC will also develop
post orders for non-permanent assignments (details,
temporary housing units, emergency changes, etc.). If
events preclude advance planning, the OIC will issue a
post order as soon as possible after the need arises.

31 Security Inspections

In an area with heightened security requirements, the post
officer must thoroughly understand all aspects of facility
operations. Specially trained officers only will be
assigned to these security-inspection posts.

32

Special Management Units
(ADM)

Administrative segregation is a non-punitive form of
separation from the general population used when the
continued presence of the detainee in the general
population would pose a threat to self, staff, other
detainees, property or the security or orderly operation of
the facility. Examples include a detainee awaiting an
investigation or hearing for a violation of facility rules, a
detainee requires protection or a detainee is scheduled for
release, removal, or transfer with 24 hours.
Each facility will establish a Special Management Unit
that will isolate certain detainees from the general
population. The Special Management Unit will have two
sections, one for detainees in Administrative Segregation;
the other for detainees being segregated for disciplinary
reasons (see the “Special Management Unit [Disciplinary
Segregation]” Standard).

33 Special Management Units (DSC)

Each facility will establish a Special Management Unit
that will isolate certain detainees from the general
population. The Special Management Unit will have two
sections, one for detainees being segregated for
disciplinary reasons; the other for detainees being
segregated for administrative reasons (see “Special
Management Unit [Administrative Segregation]”
Standard).

24

Department of Homeland Security
U.S. Immigration and Customs Enforcement

34 Tool Control

Every facility will establish a tool-control policy with
which all employees shall comply. The Maintenance
Supervisor shall maintain a computer-generated or
typewritten inventory of tools and equipment, and storage
locations. These inventories shall be current, filed, and
readily available during an audit.

35 Transportation

The U.S Immigration and Customs Enforcement (ICE)
will take all reasonable precautions to protect the lives,
safety, and welfare of officers, other personnel, the
general public, and the detainees themselves involved in
the ground transportation of detainees. Detainees in
transit from the facility to another institution or one
jurisdiction to another will be transported in a safe and
humane manner, under the supervision of trained and
experienced personnel.

36 Use of Force

The use of force is authorized only after all reasonable
efforts to resolve a situation have failed. Officers shall
use as little force as necessary to gain control of the
detainee; to protect and ensure the safety of detainees,
staff, and others; to prevent serious property damage; and
to ensure the security and orderly operation of the
facility. Physical restraints shall be used to gain control of
an apparently dangerous detainee only under specified
conditions.

37 Staff-Detainee Communication

Procedures must be in place to allow for formal and
informal contact between key facility staff, ICE staff and
ICE detainees and to permit detainees to make written
requests to ICE staff and receive an answer in an
acceptable time frame.

25

Department of Homeland Security
U.S. Immigration and Customs Enforcement

38 Detainee Transfer

Immigration and Customs Enforcement (ICE) often
transfers detainees from one facility to another for a
variety of reasons. This standard prescribes the
procedures and notification requirements to be followed
when transferring a detainee. ICE will make all necessary
notifications when a detainee(s) is transferred. If the
detainee(s) is being transported by Justice Prisoner Alien
Transportation System (JPATS), ICE will adhere to
JPATS protocols. In deciding whether to transfer a
detainee, ICE will take into consideration whether the
detainee is represented before the immigration court. In
such cases, Field Office Directors will consider the
detainee’s stage within the removal process, whether the
attorney of record is located within reasonable driving
distance of the detention facility and where immigration
court proceedings are taking place.

26

Department of Homeland Security
U.S. Immigration and Customs Enforcement
APPENDIX B : SPC and CDF LOCATIONS

The eight ICE SPCs are located in:
•
•
•
•
•
•
•
•

Aguadilla, PR;
El Paso, TX;
Miami, FL;
Batavia, NY;
El Centro, CA;
Florence, AZ;
San Pedro, CA
Port Isabel, TX

The seven CDFs are located in:
•
•
•
•
•
•
•

Pompano Beach, FL;
Elizabeth, NJ;
Tacoma, WA;
Denver, CO;
Houston, TX;
San Diego CA
Pearsall, TX

27