U.S. Department of Homeland Security
Immigration and Customs Enforcement
Office of Professional Responsibility
Inspections and Detention Oversight
Washington, DC 20536-5501

Office of Detention Oversight
Compliance Inspection

Enforcement and Removal Operations
Newark Field Office
Delaney Hall Detention Facility
Newark, New Jersey

January 29 – 31, 2013

COMPLIANCE INSPECTION
DELANEY HALL DETENTION FACILITY
NEWARK FIELD OFFICE
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...........................................................................................................1
INSPECTION PROCESS
Report Organization .............................................................................................................5
Inspection Team Members ...................................................................................................5
OPERATIONAL ENVIRONMENT
Internal Relations .................................................................................................................6
Detainee Relations ...............................................................................................................6
ICE PERFORMANCE-BASED NATIONAL DETENTION STANDARDS
Detention Standards Reviewed ............................................................................................8
Environmental Health and Safety ........................................................................................9
Food Service ......................................................................................................................10
Grievance System ..............................................................................................................12
Law Libraries and Legal Material......................................................................................13
Medical Care ......................................................................................................................14
Staff-Detainee Communication .........................................................................................16

EXECUTIVE SUMMARY
The Office of Professional Responsibility, Office of Detention Oversight (ODO) conducted a
Compliance Inspection (CI) of the Delaney Hall Detention Facility (DHDF) in Newark, New
Jersey, from January 29 to 31, 2013. DHDF opened in August 2011. In October 2011, U.S.
Immigration and Customs Enforcement (ICE) began housing detainees at the DHDF under an
intergovernmental service agreement with Essex County. DHDF is owned and operated by
Community Education Centers, Incorporated (CEC), and is a sub-contractor to the Essex County
Correctional Facility (ECCF), which is adjacent to DHDF. The facility is approximately
118,880 square feet, and has a capacity of 1,016 beds, 450 of which are dedicated to Level I
(lowest threat) adult male and female detainees for periods in excess of 72 hours. The average
daily detainee population at DHDF is 315. The average length of stay for an ICE detainee is
50 days. At the time of this inspection, the facility housed 284 detainees (243 male, 41 female).
CEC is responsible for detention services, security operations, medical care, and food service.
DHDF holds accreditation from the American Correctional Association.
The Enforcement and Removal Operations (ERO), Field Office Director (FOD), Newark, New
Jersey (FOD Newark), is responsible for ensuring facility compliance with ICE policies and the
ICE Performance-Based National Detention Standards (PBNDS). A Supervisory Immigration
Enforcement Agent is stationed at DHDF, and is the highest-ranking ERO official at the facility.
In addition to the Supervisory Immigration Enforcement Agent, ERO staff at DHDF is
comprised of(b)(7)eImmigration Enforcement Agents. An Assistant Field Office Director (AFOD)
and a Supervisory Detention and Deportation Officer rotate between DHDF and the Elizabeth
Contract Detention Facility in Elizabeth, New Jersey. The AFOD stated there are no vacant
positions at DHDF. An ERO Detention Service Manager is not permanently assigned to DHDF;
however, at the time of the CI, a temporary Detention Service Manager was monitoring facility
compliance with the PBNDS.
The Facility Administrator is the highest ranking CEC official at DHDF, and is responsible for
oversight of detention services, medical care, security operations, and food service. In addition
to the Facility Administrator, CEC supervisory staff consists of the Senior Deputy Director, the
Deputy Director of Programs, the Quality Assurance Manager, the Food Services
Administrator (FSA), and the Health Services Administrator (HSA). Detention staff consists of
approximately(b)(7)ecorrectional counselors.
This CI is the first ODO inspection of DHDF.
In January 2012, ERO Detention Standards Compliance Unit contractor, the Nakamoto Group,
Inc., conducted an annual review of the PBNDS at DHDF. DHDF received an overall rating of
“Meets Standards,” and was found compliant with all 41 standards reviewed.
During this CI, ODO reviewed 15 PBNDS. ODO determined nine standards were fully
compliant. ODO identified ten deficiencies in the following six standards: Environmental Health
and Safety (1 deficiency), Food Service (2), Grievance System (2), Law Libraries and Legal
Material (1), Medical Care (2), and Staff-Detainee Communication (2). With several exceptions,
deficiencies were minor in nature, posing minimal impact to life-safety issues and the overall
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Orange General Hospital. Pharmacy services are provided by Contract Pharmacy Services.
Medications are supplied in detainee-specific dose packs.
ECCF completes an initial medical evaluation, a mental health screening, and administers a TB
test via chest x-ray prior to a detainee transfer to DHDF. Upon arrival at DHDF, an RN conducts
follow-up medical and mental health intake screenings on detainees. ODO reviewed 23 detainee
medical records, and confirmed TB clearance and completion of screening using a form meeting
the requirements of the PBNDS; however, none of the intake screening forms were reviewed by
the CMA to assess priority for treatment as required by the PBNDS.
Detainees access healthcare services by completing sick call requests that are available in the
housing units. The completed request forms, which are available in English and Spanish, are
deposited by detainees in readily-accessible lockboxes for collection by an ERO officer. ODO
verified requests are triaged daily to determine priority for care, and detainees are seen for sick
call in a timely manner. An RN conducts sick call on a daily basis using medical protocols
approved by the CEC corporate Medical Director. Follow-up appointments and referrals were
completed as required.
CEC medical staff stated there have been no incidents where psychotropic medications were
involuntarily administered to detainees; however, a review of medical records confirmed that
two detainees receiving psychotropic medications had not signed informed consent forms
specific to these medications. The HSA stated the facility does not consider administration of
medications a procedure requiring separate consent; however, given the nature and sensitivity of
medications administered for psychiatric purposes, the HSA acknowledged that specific consent
should be obtained. The HSA stated policy and procedures will be implemented to incorporate
consent for additional procedures. A general consent for treatment form signed during the intake
process was present in all 23 records reviewed.
ODO verified there have been no detainee deaths, suicides, suicide attempts, or suicide watches
at DHDF since the facility began housing detainees in 2011. DHDF does not have a suicide
watch cell. Detainees determined by medical staff to be at risk for suicide are immediately
transferred to ECCF for suicide watch management, and further medical and mental health
evaluation. ODO verified documentation of suicide prevention training for all correctional and
medical staff is current. DHDF policy requires officers to conduct and document 15-minute
checks of detainees placed on suicide watch in accordance with the PBNDS.
DHDF designated the clinical coordinator in charge of the Detainee Programs Department as the
Sexual Abuse and Assault Prevention and Intervention (SAAPI) Coordinator. ODO verified
there have been no incidents of sexual abuse or assault to-date at DHDF. Detainees with a
history of sexually aggressive or predatory behavior are not assigned to DHDF. Upon arrival at
DHDF, detainees are screened for victimization risk and to identify potential sexual aggressors.
This process also occurs during medical intake screening. Potential aggressors are identified and
are immediately transferred to another facility. Detainees with a history of, or who are at risk for
victimization are referred to mental health staff for further evaluation and assistance.
Information on the SAAPI program is provided to detainees during orientation, in the detainee
handbook, and via informational postings in the receiving and discharge areas, the medical unit,

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INSPECTION PROCESS
ODO inspections evaluate the welfare, safety, and living conditions of detainees. ODO primarily
focuses on areas of noncompliance with the ICE National Detention Standards or the ICE
PBNDS, as applicable. The PBNDS apply to DHDF. In addition, ODO may focus its inspection
based on detention management information provided by ERO Headquarters and ERO field
offices, and on issues of high priority or interest to ICE executive management.
ODO reviewed the processes employed at DHDF to determine compliance with current policies
and detention standards. Prior to the inspection, ODO collected and analyzed relevant
allegations and detainee information from multiple ICE databases, including the Joint Integrity
Case Management System, the ENFORCE Alien Booking Module, and the ENFORCE Alien
Removal Module. ODO also gathered facility facts and inspection-related information from
ERO Headquarters staff to prepare for the site visit at DHDF.

REPORT ORGANIZATION
This report documents inspection results, serves as an official record, and is intended to provide
ICE and detention facility management with a comprehensive evaluation of compliance with
policies and detention standards. It summarizes those PBNDS that ODO found deficient in at
least one aspect of the standard. ODO reports convey information to best enable prompt
corrective actions and to assist in the on-going process of incorporating best practices in
nationwide detention facility operations.
OPR defines a deficiency as a violation of written policy that can be specifically linked to the
PBNDS, ICE policy, or operational procedure. When possible, the report includes contextual
and quantitative information relevant to the cited standard. Deficiencies are highlighted in bold
throughout the report and are encoded sequentially according to a detention standard designator.
Comments and questions regarding the report findings should be forwarded to the Deputy
Division Director, OPR ODO.

INSPECTION TEAM MEMBERS

(b)(6), (b)(7)c

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Special Agent (Team Leader)
Special Agent
Special Agent
Contract Inspector
Contract Inspector
Contract Inspector

5

ODO, Phoenix
ODO, Phoenix
ODO, San Diego
Creative Corrections
Creative Corrections
Creative Corrections

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OPERATIONAL ENVIRONMENT
INTERNAL RELATIONS
ODO interviewed the AFOD, the Supervisory Detention and Deportation Officer, the CEC
Senior Deputy Director, and the CEC Director. During interviews, ICE and CEC leadership
stated the working relationship between the two entities is excellent, and the morale of ICE and
CEC staff is high. Concerns related to the training and retention of CEC correctional counselors
due to frequent turnover were mentioned by ERO and DHDF management.
The Senior Deputy Director and the Director stated they have observed ICE staff visiting the
housing units multiple times each week, and communicating with ICE detainees to address issues
or concerns. The CEC Director praised the leadership of the AFOD, and stated the
professionalism of the ICE staff has resulted in a high level of facility compliance with the
PBNDS.

DETAINEE RELATIONS
ODO interviewed ten male and four female detainees to assess the overall living and detention
conditions at DHDF. The length of detention for these detainees ranged from 12 days to
18 months. ODO confirmed all detainees were provided a national detainee handbook and a
facility handbook in English and Spanish. One male detainee claimed he had not received a
handbook; however, ODO’s review of the detention file verified receipts signed by the detainee
for both handbooks. All of the detainees interviewed could identify and had contact information
for their assigned Deportation Officer. All detainees stated ERO officials visit the housing areas
consistently. ODO confirmed through a review of facility visitation logs that ERO personnel
visit the housing units in compliance with the PBNDS.
All male detainees stated their medical care at DHDF is adequate; however, four female
detainees complained about medical care. One female detainee stated she had suffered from a
sore throat, but was not seen by medical staff for three days and was only provided Tylenol. A
second female detainee complained she had suffered from a headache, but was not seen by
medical staff for three days. ODO reviewed the medical files for both detainees and confirmed
proper medical care was provided in accordance with the PBNDS. A third female detainee
alleged, when she expressed a desire to discontinue her prescribed anti-depressant medication,
medical officials at DHDF threatened to transfer her to ECCF if she refused to take the
medication. Medical records did not support the allegation. A fourth female detainee
complained, for approximately two months, she had received improper treatment for a
dermatological condition; however, ODO review of medical records confirmed successful
treatment for a skin rash.
All male detainees stated they were satisfied with the quality of food service at DHDF; however,
two female detainees stated the facility had served them burnt pizza and cold, uncooked food.
ODO observed the noon meal service for female detainees. ODO observed hamburger patties
placed on the trays in advance of the arrival of the female detainees. As a result, testing by ODO
with a food thermometer found the temperature of the food had decreased to 118 degrees. When
brought to the attention of the FSA, the patties were replaced, and the detainee servers were
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counseled. During the remainder of the meal, temperatures of both hot and cold items were
intermittently checked and found to have retained appropriate temperatures. The FSA stated
meal items would no longer be placed on trays prior to detainees being served. ODO was unable
to verify or refute food being uncooked or burnt.
All detainees stated they receive hygiene supplies upon their arrival at the facility, and are
provided with replacements free of charge. There were no complaints regarding telephone calls,
contacting consular officials, sending and receiving mail, recreation, religious services,
visitation, obtaining grievance forms, or access to the law library. There were no allegations of
excessive force or sexual abuse of any kind.

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ICE PERFORMANCE-BASED
NATIONAL DETENTION STANDARDS
ODO reviewed a total of 15 PBNDS and found DHDF fully compliant with the following
nine standards:
Correspondence and Other Mail
Detainee Handbook
Emergency Plans
Hunger Strikes
Sexual Abuse and Assault Prevention and Intervention
Suicide Prevention and Intervention
Telephone Access
Tool Control
Use of Force and Restraints
As these standards were compliant at the time of the review, a synopsis for these standards was
not prepared for this report.
ODO found deficiencies in the following six standards:
Environmental Health and Safety
Food Service
Grievance System
Law Libraries and Legal Material
Medical Care
Staff-Detainee Communication
Findings for each of these standards are presented in the remainder of this report.

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ENVIRONMENTAL HEALTH AND SAFETY (EH&S)
ODO reviewed the Environmental Health and Safety standard at DHDF to determine if the
facility maintains high levels of cleanliness and sanitation, safe work practices, and control of
hazardous materials and substances, in accordance with the ICE PBNDS. ODO toured the
facility, interviewed staff, reviewed policies and procedures, and examined documentation of
inspections, hazardous chemical inventories, and fire drills.
Facility sanitation is adequate. ODO observed and interviewed staff, and verified a clear
understanding of the need for inventories, proper storage, and issuance procedures regarding
hazardous materials. A master file for Material Safety Data Sheets is maintained in the
maintenance office, and Material Safety Data Sheets are available throughout the facility. ODO
confirmed hazardous substances are properly stored, and inventories are accurate. Eye wash
stations, which meet Occupational Safety and Health Administration (OSHA) standards, are
installed throughout the facility.
During a tour of DHDF, ODO observed fire extinguishers strategically located throughout the
facility. All had been inspected in January 2013. Evacuation routes were posted in all areas.
Diagrams in English and Spanish included “You are here” markers, emergency equipment
locations, and areas of safe refuge. Fire drill documentation confirmed full compliance with the
PBNDS. The Newark Fire Department inspected the facility on December 11, 2012. DHDF is
compliant with minimum fire safety standards mandated by the State of New Jersey Safety Code.
The City of Newark tested the DHDF water supply on May 7, 2012. The results met the New
Jersey Department of Environmental Protection potable water standards. DHDF uses a private
contractor to remove medical waste in accordance with OSHA requirements. A private
contractor services emergency generators. ODO verified documentation of generator testing and
current maintenance. ODO confirmed the facility has a contract for weekly and as-needed pest
control services. ODO reviewed documentation and confirmed required services are provided.
Facility procedures are in place for the safe handling and disposal of used needles and other
sharp objects in the medical area. The clinic has two disposal containers for sharp objects
mounted to the wall five feet above the floor. ODO verified a clean-up kit is available in the
event of a blood or body fluid spill.
Hair care for female and male detainees is provided in separate rooms. ODO confirmed there
was no hot running water in the room used for female hair care (Deficiency EH&S-1). DHDF
maintenance staff corrected this deficiency during the inspection by replacing a broken valve.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY EH&S-1
In accordance with the ICE PBNDS, Environmental Health and Safety, section (IX)(1), the FOD
must ensure the [barbering] room shall be supplied with hot and cold running water.

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FOOD SERVICE (FS)
ODO reviewed the Food Service standard at DHDF to determine if detainees are provided with a
nutritious and balanced diet, in a sanitary manner, in accordance with the ICE PBNDS. ODO
interviewed detainees and staff, inspected storage areas, observed meal preparation and service,
sampled the vegetarian and regular diet trays, and reviewed policy and relevant documentation.
The food service program at DHDF is managed by CEC. CEC staff consists of the FSA and
three food service workers. Detainees are eligible for assignment to food service and supplement
the work performed by CEC staff. ODO verified all staff and detainee workers are medically
cleared prior to beginning work in the food service department. Upon selection, detainee
workers receive job instruction and training on proper hand washing techniques, sanitation,
safety, and job duties for specific assignments. ODO observed staff and detainees wearing hair
coverings and beard guards when handling or serving food.
DHDF has a five week menu cycle. The master menus were certified as nutritionally adequate
by a registered dietician in January 2013. At the time of the review, 60 detainees were on
medical or religious diets. ODO reviewed documentation and confirmed special diets are
approved and provided in accordance with the PBNDS. ODO confirmed detainees are notified
of the pork-free menu in the facility detainee handbook.
Meals are prepared in the kitchen and placed in serving containers for delivery to the cafeteria in
a locked food cart. The cafeteria is immediately adjacent to the kitchen. In the cafeteria, the
serving containers are placed on a heated serving line. Detainee workers place food onto
individual trays for distribution to detainees as they arrive. ODO confirmed meals are prepared,
delivered, and served under staff supervision. ODO observed the DHDF Superintendent and
other administrative staff managing the dining room during meals.
During service of the noon meal, ODO observed pooled water in food tray compartments, which
caused food items such as hamburger buns and potato chips to become wet (Deficiency FS-1).
ODO brought this to the attention of the FSA. The FSA immediately had a worker dry each
remaining tray with a towel. ODO recommends the facility take steps to ensure trays are
adequately air-dried after being sanitized and prior to the plating of food. ODO observed
hamburger patties placed on trays in advance of the arrival of female detainees. As a result,
testing with a food thermometer confirmed the hamburger patties had cooled to 118 degrees
(Deficiency FS-2). When brought to the attention of the FSA, the patties were replaced, and the
detainee servers were counseled. During the remainder of the meal, temperatures of both hot and
cold items were intermittently checked for appropriate temperatures. The FSA stated meal items
would no longer be placed on trays prior to detainees being served to ensure proper temperatures.
Sanitation in the kitchen and cafeteria is adequate. DHDF does not use knives in the facility.
ODO verified all other tools are properly secured and inventoried. Dry storage, freezers, and
refrigerators are in compliance with both temperature and storage specifications. ODO verified
required checks of kitchen equipment and water temperatures are documented. DHDF uses a
contracted vendor to provide weekly pest control inspections, which exceeds the PBNDS
requirement for monthly pest control services. The Essex County Health Department inspected
the food service operation on October 19, 2012, and DHDF received a satisfactory rating.
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STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY FS-1
In accordance with the ICE PBNDS, Food Service, section (V)(J)(7)(g)(3), the FOD must ensure
[the facility] air-dry all equipment and utensils after sanitizing by means of drain boards, mobile
dish tables, and/or carts.
DEFICIENCY FS-2
In accordance with the ICE PBNDS, Food Service, section (V)(D)(2)(a), the FOD must ensure
sanitary guidelines are observed, with hot foods maintained at a temperature of at least 140 F
degrees (120 degrees in food trays) and foods that require refrigeration maintained at 41 F
degrees or below.

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GRIEVANCE SYSTEM (GS)
ODO reviewed the Grievance System standard at DHDF to determine if a process to submit
formal or emergency grievances exists, and responses are provided in a timely manner, without
fear of reprisal. In addition, the review was conducted to determine if detainees have an
opportunity to appeal responses, and if accurate records are maintained, in accordance with the
ICE PBNDS. ODO interviewed staff and reviewed policies, grievance logs, and the facility
handbook.
The Grievance Coordinator appropriately logs all grievances, to include the date of receipt, the
nature of the grievance, and the date of response. CEC has comprehensive policy and
procedures regarding detainee grievances; however, CEC policy and procedures do not ensure
that all medical grievances are received by the administrative health authority within 24 hours or
the next business day (Deficiency GS-1). Facility managers corrected this deficiency on-site,
and amended their policy and procedure to adhere to this PBNDS requirement.
While reviewing facility policy and procedure, ODO noted there were no instructions concerning
how to address the receipt of a detainee grievance alleging staff misconduct. ODO interviewed
facility managers and verified, should facility officials receive such a grievance, the implied and
accepted procedure is to forward the information to the DHDF Human Resources Department for
investigation to determine whether or not disciplinary action is warranted. DHDF management
did not have a policy or procedure in place to require forwarding of misconduct grievances to
ERO (Deficiency GS-2). DHDF management instituted a policy and procedure to accommodate
this PBNDS requirement.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY GS-1
In accordance with the ICE PBNDS, Grievance System, section (V)(A), the FOD must ensure
each facility shall have written policy and procedures for a detainee grievance system that
[among others]:


Ensures a procedure in which all medical grievances are received by the administrative
health authority within 24 hours or the next business day;

DEFICIENCY GS-2
In accordance with the ICE PBNDS, Grievance System, section (V)(G), the FOD must ensure
staff must forward all detainee grievances containing allegations of staff misconduct to a
supervisor or higher-level official in the chain of command. While such grievances are to be
processed through the facility’s established grievance system, CDFs and IGSA facilities must
also forward a copy of any grievances alleging staff misconduct to ICE/DRO.

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LAW LIBRARIES AND LEGAL MATERIAL (LL&LM)
ODO reviewed the Law Libraries and Legal Material standard at DHDF to determine if detainees
have access to a law library, legal materials, courts, counsel, and document copying equipment to
facilitate the preparation of legal documents, in accordance with the ICE PBNDS. ODO
observed ICE detainees in the law library, interviewed staff, and reviewed law library policies
and rules governing detainee use of the law library as provided in the detainee handbook.
Facility officials operate and maintain two law libraries for separate use by male and female
detainees. Counselors supervise detainees using the law libraries, and each library is assigned a
designated counselor who checks for sufficient supplies and maintains the equipment. The
libraries provide adequate seating and workspaces for detainees. All areas are well lit and
reasonably isolated from noisy areas. The libraries are open daily, and can be accessed by
detainees between 0900 and 2100. ODO examined the computers in the law libraries and
verified the Lexis-Nexis legal resource software is current.
The facility offers certified mail services to detainees, and there is a notary public available onsite to provide notary services for legal matters.
The detainee handbook contains facility rules and procedures for accessing and using the law
library and legal materials; however, the handbook does not provide the procedure for notifying
an employee of missing or damaged materials. The facility has rules and procedures posted in
the law libraries; however, the law library postings do not provide the procedure for notifying an
employee of missing or damaged materials (Deficiency LL&LM-1).

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY LL&LM-1
In accordance with the ICE PBNDS, Law Libraries and Legal Material, Section (V)(O)(6), the
FOD must ensure the Detainee Handbook or supplement shall provide detainees with the rules
and procedures governing access to legal materials, including the following information:
6. The procedure for notifying a designated employee that library material is missing or
damaged.

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Detainees access healthcare services by completing sick call requests available in the housing
units. The completed request forms, which are available in English and Spanish, are deposited
by detainees in readily-accessible lockboxes for collection by an ERO officer. ODO verified
requests are triaged daily to determine priority for care, and detainees are seen for sick call in a
timely manner. An RN conducts sick call on a daily basis using medical protocols approved by
the CEC corporate Medical Director. Follow-up appointments and referrals are completed as
required.
CEC medical staff stated there have been no incidents where psychotropic medications were
involuntarily administered on detainees; however, a review of medical records confirmed two
detainees on psychotropic medications had not signed consent forms specific to these
medications (Deficiency MC-2). The HSA stated the facility does not consider administration of
medications a procedure requiring separate consent; however, after acknowledging the nature
and sensitivity of medications administered for psychiatric purposes, CEC management stated
policy and procedures will be implemented to obtain consent for any and all additional
procedures, to include the administration of medication. General consent for treatment forms are
signed during the intake process and were present in all 23 records reviewed by ODO.
Training records for all medical personnel and(b)(7)erandomly-selected custody staff confirmed
current certification in cardio-pulmonary resuscitation, use of the automated external
defibrillator, and first aid.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY MC-1
In accordance with the ICE PBNDS, Medical Care, section (V)(I)(1), the FOD must ensure the
clinical medical authority shall be responsible for review of all health screening forms within 24
hours or next business day to assess the priority for treatment (for example, Urgent, Today, or
Routine).
DEFICIENCY MC-2
In accordance with the ICE PBNDS, Medical Care, section (V)(T), the FOD must ensure, for any
additional procedure, a separate documented informed consent will be obtained.

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STAFF-DETAINEE COMMUNICATION (SDC)
ODO reviewed the Staff-Detainee Communication standard at DHDF to determine if procedures
are in place to allow formal and informal contact between detainees and key ICE and facility
staff, and if ICE detainees are able to submit written requests to ICE staff and receive responses
in a timely manner, in accordance with the ICE PBNDS. ODO interviewed staff and detainees,
toured and observed housing units, and reviewed ERO visitation records and Facility Liaison
Visit Checklists.
Under the DHDF staff-detainee communication policy, detainees have the opportunity to submit
written questions, requests, or concerns to DHDF and ERO staff via a request form. Detainee
request forms are available throughout the facility. The completed request forms, which are
available in English and Spanish, are deposited by detainees in readily-accessible lockboxes for
collection by an ERO officer. ERO officer visitation schedules and DHS-OIG Hotline posters
are conspicuously posted throughout the facility.
ODO reviewed the Facility Liaison Visit Checklists from July 1 to December 31, 2012, and
confirmed ERO officers consistently conduct unannounced visits on a weekly basis to monitor
and observe detainee living conditions in the housing units. Documentation of ERO scheduled
visits also showed ERO officers interact with detainees on a weekly basis to address their
questions or concerns. ODO reviewed the Telephone Serviceability Worksheets and noted ERO
officers test the telephones in the housing units on a weekly basis to verify and ensure the units
are working properly.
From July 1, 2012, to December 31, 2012, ERO received and processed 72 formal requests
submitted by ICE detainees. ODO reviewed the ERO request log for this time period and noted
the date of the staff response was not recorded for 27 detainee requests; therefore, ODO could
not determine whether the requests were responded to and returned to the detainee within
72 hours of receipt (Deficiency SDC-1). Copies of five completed detainee requests were not
filed or maintained in individual detention files (Deficiency SDC-2). Although maintaining
copies of grievances in detention files is a requirement for service processing centers and
contract detention facilities, intergovernmental service agreement facilities must conform to the
procedure, or adopt, adapt or establish alternatives, provided they meet or exceed the intent
represented by the procedure. ERO management stated that assigned personnel will be directed
to properly record detainee requests, and all requests will be filed in individual detention files.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY SDC-1
In accordance with the ICE PBNDS, Staff-Detainee Communication, section (V)(B)(1)(a), the
FOD must ensure the staff member receiving the request shall normally respond in person or in
writing as soon as possible and practicable, but no longer than within 72 hours of receipt.
DEFICIENCY SDC-2
In accordance with the ICE PBNDS, Staff-Detainee Communication, section (V)(B)(2), the FOD
must ensure a copy of each completed Detainee Request shall be filed in the detainee’s detention

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file and be retained there for at least three years. Copies of confidential requests shall be
maintained in the A-file.

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