Response to ABA Delegation Findings
Facility: Broward Transitional Center, Pompano Beach Florida
Date of Tour: July 11, 2006
DELEGATION FINDINGS
1.

2.

3.

4.

ICE RESPONSE

According to Unit Manager (b)(6) , attorneys are typically
only allowed to visit their clients on weekdays from 9 to 5,
but visits could be accommodated during weekends and after
hours. However, the written policy states that all weekend
visits are permitted, without qualification.

The Contractor is in the process of setting a set schedule for weekend
attorney visits. Hours will be posted in an area visible to attorneys who
visit the facility.

Attorneys are not permitted to visit detainees after one initial
consultation without signing a Form G-28, which indicates
that the attorney represents the detainee.

Based on ICE guidelines, the Contractor requires attorneys to submit a G28 after the completion of the first visit (pre-representation meeting).

BTC does not provide an adequate number of telephones.

The Contractor is in the process of increasing the number of telephones in
order to meet the detainee/telephone ratio as required in the Standards.

Telephone instructions are apparently not available in
Mandarin or Haitian Creole, even though the population at
BTC fluctuates between being predominantly Chinese and
predominantly Haitian.
The delegation attempted to use the phones to call the
Haitian Consulate and a legal services provider without
charge, but the telephones would not permit a free call.

The Contractor is in the process of translating and posting telephone
instructions into the Mandarin and Creole language.

The telephones are not private, but are located in open areas.

The Contractor is presently placing privacy partitions between telephones.

B BTC electronically monitors and records all calls.

ICE is working with the Contractor to correct this deficiency through
PCS.

The Contractor will monitor or record only those calls as needed based on
valid security concerns and/or issued court orders. Signs will be posted
notifying detainees that the phones are subject to monitoring.

1

DELEGATION FINDINGS

ICE RESPONSE

5.

BTC does not have a procedure for taking non-emergency
phone messages.

The Contactor will implement a process to accept and deliver phone
messages to the detainees.

6.

The library was missing a number of required materials,
including texts on immigration law and defense, guides for
immigration advocates, country reports on human rights for
asylum seekers, and the BTC detainee handbook.

ICE is working with the Contractor to ensure that all required legal
materials are available in the library.

There are no legal research materials in any language other
than English.

The Contractor is in the process of obtaining legal research materials in
languages other than English.

7.

The library does not contain any writing implements, paper,
or office supplies. Facility staff indicated that this is for the
detainee’s safety; but the detainees are non-criminal and nonviolent, according to OIC(b)(6), (b)(7)c

The Contractor has placed the supplies in the library.

8.

BTC does not show the Florence Project’s Know Your
Rights video.

The Contractor is in the process of scheduling groups to present the
Florence Project’s Know Your Rights video.

Female detainees were not aware of group rights
presentations.

Females are made aware of group legal rights presentations via postings
throughout the female living areas.

9.

The delegation requested a detainee handbook, but facility
staff did not provide one, so the delegation was unable to
review or evaluate the handbook.

The Contractor has and always provided detainees with a handbook
during the intake process.

10.

Detainees indicated that they have to wait days before
receiving medical care and are often only given pain pills for
this conditions even though they feel that they may have
some serious medical conditions that are not being diagnosed
by the on-site physicians.

Medical Care is provided to detainees within 24 hours of them submitting
a sick call. The level of medical care meets and in some cases exceeds
the level of medical care required by the Standards.

2

DELEGATION FINDINGS

ICE RESPONSE

There are no live interpreters available; telephonic translation
complicates the diagnostic process.

When needed, the Contractor uses telephonic translation to aid in the
medical diagnostic process. Translations are clear and precise and do not,
in any way, hamper the efficiency of the medical process. The use of
telephonic translation services is within approved Department of
Immigration Health Services (DIHS) guidelines.

11.

According to OIC(b)(6), (b)(7)c
, there is no classification system at
BTC because all of the detainees are non-criminal and nonviolent.

Due to their non-criminal/non-violent status, all detainees are
automatically classified as Level 1 (lowest level) based on the ICE
Detention Standards (Detainee Classification).

12.

The delegation was not provided a copy of the detainee
handbook, and was therefore unable to determine what
grievance procedures are in place or whether detainees are
informed of grievance procedures.

The Contractor has established grievance procedures in place and
detainees are informed via written communication that is issued during
the intake process.

3

(b)(6)

(b)(6)

Facility Name: BROWARD TRANSITIONAL CENTER, POMPANO BEACH, FLORIDA
Date of Tour: July 11, 2006
Tour Participants: Holland & Knight attorney

*Standards are Detainee Services Standards unless otherwise indicated. Issues are generally listed in the order in which they appear in the Report.
Report comments in bold are priority issues for ICE-ABA discussion; others are issues of concern to discuss if time permits.

ƒ

ƒ
ƒ

According to Unit Manager
attorneys are typically only allowed to visit
their clients on weekdays from 9 to 5, but
visits could be accommodated during
weekends and after hours However, the
written visitor policy states that all
weekend visits are permitted, without
qualification. (p.3 ¶3)
Attorneys are not permitted to visit
detainees after one initial consultation
without signing a Form G-28, which
indicates that the attorney represents the
detainee. (p.3 ¶4)

Unit Manager
BTC visitor policy.

BTC does not provide an adequate number
of telephones. (p.5 ¶2)
Telephone instructions are apparently not
available in Mandarin or Haitian Creole,
even though the population at BTC
fluctuates between being predominantly
Chinese and predominantly Haitian. (p.5
¶3; p.2 ¶5)

Delegation observations.

The delegation attempted to use the phones
to call the Haitian Consulate and a legal
services provider without charge, but the
telephones would not permit a free call.
(p.6 ¶1)

Delegation observations,
confirmed by OIC

ABA Commission on Immigration - Detention Standards Implementation Initiative

OIC

.

Delegation observations;
OIC

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

ƒ

(b)(6)

ƒ

ICE Response

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

3.

Standard 17, Visitation
ƒ III.I. [E]ach detainee may meet privately with current or
prospective legal representatives and their legal assistants.
ƒ III.I.2. Hours. The facility shall permit legal visitation
seven days a week, including holidays. It shall permit
legal visits for a minimum of eight hours per day on
regular business days, and a minimum of four hours per
day on weekends and holidays. … On regular business
days, legal visitations may proceed through a scheduled
meal period.
ƒ III.I.14. Pro Bono List. INS shall provide the facility with
the official list of pro bono legal organizations, which is
updated quarterly by the [EOIR]. The facility shall
promptly and prominently post the current list in detainee
housing units and other appropriate areas.
Standard 16, Telephone Access
ƒ I. Facilities holding INS detainees shall permit them to
have reasonable and equitable access to telephones.
ƒ III.A. The facility shall provide detainees with reasonable
access to telephones during established facility waking
hours ….
ƒ III.B. [T]he facility shall provide telephone access rules in
writing to each detainee upon admittance, and also shall
post these rules where detainees may easily see them.
ƒ III.C. [T]he facility shall provide at least one telephone for
detainee use for every 25 detainees held.
Standard 16, Telephone Access
ƒ III.E. The facility shall enable all detainees to make calls
to the INS-provided list of free legal service providers and
consulates at no charge to the detainee or the receiving
party.

Source

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

2.

Delegation Report
(b)(6)

1.

ICE Standard*

9/19/2006

1

Standard 16, Telephone Access
ƒ III.J. The facility shall ensure privacy for detainees’
telephone calls regarding legal matters. For this purpose,
the facility shall provide a reasonable number of
telephones on which detainees can make such calls
without being overheard by officers, other staff or other
detainees. Facility staff shall not electronically monitor
detainee telephone calls on their legal matters, absent a
court order.
Standard 16, Telephone Access
ƒ III.I. The facility shall take and deliver telephone
messages to detainees as promptly as possible. When
facility staff receives an emergency telephone call for a
detainee, the caller’s name and telephone number will be
obtained and given to the detainee as soon as possible.
The detainee shall be permitted to return the emergency
call as soon as reasonably possible within the constraints
of security and safety.
Standard 1, Access to Legal Material
ƒ III.C. The law library shall contain the materials listed in
Attachment A.
ƒ III.L. Unrepresented illiterate or non-English speaking
detainees who wish to pursue a legal claim … must be
provided with more than access to a set of Englishlanguage law books.

ƒ

7.

Standard 1, Access to Legal Material
ƒ III.B. Equipment. The law library shall provide an
adequate number of typewriters and/or computers, writing
implements, paper and office supplies to enable detainees
to prepare documents for legal proceedings.

ƒ

8.

Standard 9, Group Presentations on Legal Rights
ƒ III.I. Videotaped presentations. The facility shall play
INS-approved videotaped presentations on legal rights, at
the request of outside organizations. … The facility shall
provide regular opportunities for detainees in the general
population to view the videotape.

ƒ

4.

6.

ƒ

BTC does not have a procedure for taking
non-emergency phone messages. (p.7 ¶3)

Unit Manager

ƒ

The library was missing a number of
required materials, including texts on
immigration law and defense, guides for
immigration advocates, country reports on
human rights for asylum seekers, and the
BTC detainee handbook (p.8 ¶5)
There are no legal research materials in any
language other than English. (p.9 ¶3)
The library does not contain any writing
implements, paper, or office supplies.
Facility staff indicated that this is for the
detainees’ safety (p.9 ¶2); but the detainees
are non-criminal and non-violent,
according to OIC
. (p.12 ¶4)
BTC does not show the Florence Project’s
Know Your Rights video. (p.10 ¶4)
Female detainees were not aware of group
rights presentations. (p.10 ¶4)

Delegation observations.

ƒ

ƒ

Delegation observations.
Delegation observations;

OIC

(b)(6), b7c

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

ABA Commission on Immigration - Detention Standards Implementation Initiative

Delegation observations.

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

ƒ

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

Delegation observations.

(b)(6)

5.

The telephones are not private, but are
located in open areas. (p.6 ¶4)
BTC electronically monitors and records
all calls. (p.7 ¶1)

9/19/2006

2

9.

Detainees indicated that they have to wait
days before receiving medical care and are
often only given pain pills for their conditions
even though they feel that they may have
some serious medical conditions that are not
being diagnosed by the on-site physicians.
(p.12 ¶1)
There are no live interpreters available;
telephonic translation complicates the
diagnostic process. (p.12 ¶1)
According to OIC
, there is no
classification system at BTC because all of
the detainees are non-criminal and nonviolent. (p.12 ¶4)
The delegation was not provided a copy of the
detainee handbook, and was therefore unable
to determine what grievance procedures are in
place or whether detainees are informed of
grievance procedures. (p.13 ¶4)

ƒ

11. Standard 4, Detainee Classification System
ƒ III.F. The classification system shall assign detainees to
the least restrictive housing unit consistent with facility
safety and security.
12. Standard 5, Detainee Grievance Procedures
ƒ III.A.2. Formal/Written Grievance. The OIC must allow
the detainee to submit a formal, written grievance to the
facility’s grievance committee.
ƒ III.G. Detainee Handbook. … The grievance section of the
detainee handbook will provide notice of the following:
1. The opportunity to file a grievance, both informal and
formal.

ƒ

ƒ

ABA Commission on Immigration - Detention Standards Implementation Initiative

OIC

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

ƒ

Delegation notes.

(b)(6), b7c

The delegation requested a detainee
handbook, but facility staff did not provide
one, so the delegation was unable to review or
evaluate the handbook. (p.2 ¶1)

(b)(6)

ƒ

(b)(6), b7c

Standard 6, Detainee Handbook
ƒ I. Every OIC will develop a site-specific detainee
handbook to serve as an overview of … the detention
policies, rules, and procedures in effect at the facility. The
handbook will also describe the services, programs, and
opportunities available …. Every detainee will receive a
copy of this handbook upon admission to the facility.
10. Health Services Standard 2, Medical Care
ƒ I. All detainees shall have access to medical services that
promote detainee health and general well-being.

.

.

.

Delegation notes.

9/19/2006

3

MEMORANDUM
To:

John P. Torres, Acting Director, Office of Detention and Removal, Immigration and
Customs Enforcement.
From: American Bar Association Delegation to the Broward Transitional Center1
Date: August 3, 2006
(b)(6)
Cc:
, ABA Commission on Immigration
Re:
Report on Observational Tour of the Broward Transitional Center, Pompano Beach,
Florida

This memorandum summarizes and evaluates information gathered at the Broward
Transitional Center (“BTC” or “Jail”) in Pompano Beach, Florida during the delegation’s July
11, 2006 visit to the facility. The information was gathered via observation of the facility by the
delegation and interviews with immigration detainees and BTC and Immigration and Customs
Enforcement (“ICE”) personnel.
I.

ICE DETENTION STANDARDS

In November 2000, the former Immigration and Naturalization Service (INS),2
promulgated the “INS Detention Standards” to insure the “safe, secure and humane treatment” of
immigration detainees. The thirty-eight standards contained in the Detention Operations Manual
cover a broad spectrum of issues ranging from visitation policies to grievance procedures and
food service. These standards apply to ICE-operated detention centers and other facilities that
house immigration detainees pursuant to a contract or intergovernmental service agreement
(“IGSA”).
The Detention Standards went into effect at ICE-operated detention facilities on January
1, 2001. ICE intended to phase in the standards in all of its contract and IGSA facilities by
December 31, 2002. The Detention Standards constitute a “floor” and not a “ceiling” for
treatment of immigration detainees. In other words, they are meant to establish the minimal
requirements that ICE must adhere to in its facilities. Each Field Office or Officer in Charge
(“OIC”) may, in his or her discretion, promulgate policies and practices affording ICE detainees
more enhanced rights and protections than those provided for by the Standards.
II.

INTRODUCTION
A.

The Delegation’s July 11th Visit

On Tuesday, July 11, 2006, the members of our delegation met with several members of
BTC’s staff and a representative from the ICE office at BTC. Our delegation met with BTC Unit
1

The delegation was comprised of Holland & Knight attorney

(b)(6)

and the following Holland &

(b)(6)

2

Effective March 1, 2003, the INS ceased to exist as an agency of the Department of Justice. The INS’
immigration enforcement functions were transferred to Immigration and Customs Enforcement (“ICE”), a
division of the newly-created Department of Homeland Security (“DHS”).

(b)(6), (b)(7)c
(b)(6), (b)(7)c
Manager
and Administrative Captain
. During the course of this
meeting, our tour of the facilities, and the post-tour follow-up discussion, we also met with ICE
Officer-in-Charge (OIC) (b)(6), (b)(7)c . The delegation appreciates the cooperation of Captain
(b)(6), (b)(7)c and Unit Manager
(b)(6)
They were direct and accommodating during our tour of the
facility. OIC (b)(6), (b)(7)c accompanied us during our entire tour and answered all our questions.
Nevertheless, our visit was consistently rushed along and ultimately terminated after two and
one-half hours in the middle of our individual questioning of detainees regarding the conditions
at the facility, because OIC(b)(6), (b)(7)cstated that our delegation was “interfering with the schedule of
the facility.”3 OIC (b)(6), (b)(7)ctold us several times to speed up the tour, to stop asking so many
questions, and to estimate when the tour would be over.4 Moreover, no-one at BTC has returned
our phone calls seeking a copy of the BTC detainee handbook. Therefore, the handbook was
never made available to this delegation.

Our report is based on the discussions we had with these employees, as well as
observations of the facility and our partial interviews with eleven immigration detainees. In
many instances, detainee reports were compatible with statements made by facility personnel
and/or our observations. In such cases, the delegation was able to definitively report on BTC’s
operations with regard to the Detention Standards. However, in certain instances, detainee
reports conflicted with statements made by facility personnel. Where we were unable to
reconcile the conflicting reports, the delegation was unable to conclusively determine whose
account best reflected the conditions at BTC with regard to specific items addressed by the
Detention Standards.
B.

General Information About the Broward Transitional Center

The Broward Transitional Center houses immigration detainees through an
intergovernmental service agreement with ICE. According to BTC personnel, the jail has the
capacity to hold 450 inmates. We were informed that at the time of our visit, the jail had a total
population count of 417 inmates, all of whom were immigration detainees.5
BTC’s prison population breaks down into a ratio of about 65% male to 35% female. Our
delegation interviewed both male and female detainees.6
According to OIC(b)(6), (b)(7)c, the nationality of the detainee population of the jail fluctuates
from being predominately Chinese to being predominately Haitian. At the time of our visit, the
facility was comprised mainly of Haitian detainees with a small number of Chinese detainees and
detainees from all of the countries in Latin America.7
BTC is a unique facility in that almost none of the detainees has any criminal record. The
only possible criminal conviction that a detainee at BTC could have is that of entering the United
States with false documents.8 Therefore, BTC resembles a dormitory in its structure rather than
3

Notes of delegation membe
Notes of delegation membe
5
Notes of delegation membe
6
Notes of delegation membe
7
Notes of delegation membe
8
Notes of delegation membe
4

(b)(6)

on conversation with OIC
on conversation with OIC
on conversation with OIC(b)(6), (b)(7)c
on conversation with OIC
on conversation with OIC
on conversation with OIC

2

a typical county jail. The detainees live inside of rooms rather than in cells and have liberal
access to the recreational facilities and law library.
III.

IMPLEMENTATION OF LEGAL ACCESS STANDARDS
A.

Legal Access/Visitation
1.

Visitation by Attorneys

The Detention Standards require that facilities permit legal visitation seven days per
week. The Detention Standards provide that facilities should allow detainees to meet privately
with their current or prospective legal representatives and legal assistants and to meet with their
consular officials.10
9

The BTC facility substantially meets this section of the Standards, but staff should
be aware that BTC’s written legal visitation policy permits legal visits on weekends, and
BTC should not require Forms G-28 from attorneys who meet with detainees. According to
Unit Manager (b)(6) , attorneys are typically only allowed to visit their clients during weekdays
between 9:00 A.M. and 5:00 P.M.11 This conflicts with BTC’s written visitor policy, which
states that “Legal visitation is authorized seven days a week, including holidays during the hours
of 8:00 a.m. until 4:00 p.m. Any other legal visits will be permitted with the approval of the shift
supervisor.”12 The BTC visitor policy was not posted anywhere within the facility, but was
(b)(6)
(b)(6)
requested by delegation member
. According to
attorneys with
urgent matters could be accommodated during the weekends and off hours.
In order for an attorney to visit a detainee at BTC, the attorney must have and present a
bar card.14 The attorney may visit a client without prior notice to the facility.15 According to
Captain (b)(6), (b)(7)c, legal assistants, interpreters, and law students are also allowed to visit detainees,
but they must call ahead and get pre-approval from the facility, or they must present a letter from
an attorney stating that they are authorized by the attorney to visit the client.16 One unique
procedure that BTC has for attorney visitation which greatly concerned the delegation is
that attorneys have to sign Forms G-28 in order to visit any detainee after one initial
consultation.17 This requirement is not consistent with the Standards. This is significant
because attorneys are being forced to immediately commit to representing a client even if they
still have questions about a client’s case after their first visit and need to clarify these issues with
the client during a second visit prior to accepting representation. OIC (b)(6), (b)(7)cstated that his
rationale for this policy was that he did not want attorneys trolling the jail for clients.18
Nevertheless, this policy does not make sense given that attorneys cannot visit the entire prison
9

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
Detention Operations Manual, Detainee Services, Standard 17, Section I.
11
(b)(6)
Notes of delegation member
on conversation with Unit Manager
12
BTC visitor policy at 4 (a copy of this page was provided to the delegation).
13
Notes of delegation member
on conversation with Unit Manager
(b)(6)
14
Notes of delegation member
on conversation with Unit Manager
15
Notes of delegation member
on conversation with Capt (b)(6), (b)(7)c
16
Notes of delegation member
on conversation with OIC
(b)(6)
17
Notes of delegation member
on conversation with OIC (b)(6), (b)(7)c
18
Notes of delegation member
on conversation with OIC
10

3

(b)(6)

population and are only allowed to visit a particular detainee whom they must already know is in
the jail. Accordingly, the delegation highly recommends that the jail repeal its policy of
requiring attorneys to execute Forms G-28 prior to granting attorneys access to visit a
particular detainee at the facility.
There appear to be six attorney visitation booths at the facility.19 These booths provide
enough space for six attorney visits to occur simultaneously. However, BTC officials informed
delegation members that if the six attorney booths are occupied, additional attorneys can meet
with their clients in the jail’s larger meeting room. 20 This room would provide enough space for
two, and perhaps three, additional attorney-client visits. Multiple visits in this room, however,
would be lacking in privacy and confidentiality.
All attorney visitation areas allow for contact visits.21 Detainees are not typically subject
to strip searches after attorney visits.22 However, Unit Manager (b)(6) reported that if the
facility has probable cause to strip search a detainee after a contact visit, it will do so (though she
only recollects that this has happened one time in the history of the jail).23 Independent medical
providers are only allowed to visit the facility if their visit has been certified by the public health
service.24 OIC (b)(6), (b)(7)cindicated that he did not believe such a visit has ever occurred in the
facility.25 Detainees have the option of obtaining a meal if a legal visit continues during
mealtime.26
2.

Visitation by Family and Friends

To maintain detainee morale and family relationships, the Detention Standards encourage
visitation with family and friends.27 To that end, the Standards require that all detention
facilities allow visitation and establish written visitation procedures.28 The Standards require a
minimum of 30 minutes per visitation, under normal conditions, and encourage more generous
limits when possible.29 The facility must allow visitation by immediate family members and
other relatives, friends, and associates.30
BTC meets this section of the Standards. BTC allows visitation by family members
during the weekends.31.

19

(b)(6)
Observations of delegation member
Notes of delegation member
on conversation with Unit Manager
(b)(6)
21
Notes of delegation member
on conversation with Unit Manager
(b)(6)
observations of delegation member
.
22
Notes of delegation member
on conversation with Unit Manager
(b)(6)
(b)(6)
23
Notes of delegation member
on conversation with Unit Manager
24
Notes of delegation member
conversation with OIC
25
(b)(6)
Notes of delegation member
on conversation with OIC(b)(6), (b)(7)c
26
Notes of delegation member
on conversation with OIC
27
Detention Operations Manual, Detainee Services, Standard 17, Section I.
28
Detention Operations Manual, Detainee Services, Standard 17, Section II.A.
29
Detention Operations Manual, Detainee Services, Standard 16, Section III.H.1.
30
Detention Operations Manual, Detainee Services, Standard 17.
31
Notes of delegation member
on conversation with Unit Manager (b)(6)
(b)(6)

20

4

(b)(6)

B.

Telephone Access
1.

General Requirements

The Detention Standards require that facilities provide detainees with reasonable and
equitable access to telephones.32 In order to meet this requirement, facilities must provide at
least one telephone for every 25 detainees and written telephone access rules to each detainee.33
BTC does not meets this section of the Standards: there are not enough telephones,
and telephone instructions should be provided in Mandarin and Haitian Creole. Each
section of BTC, the men’s section and the women’s section, has its own set of telephones,
providing approximately four to six phones per section (depending on whether the phones
work).34 Even if all telephones are functioning, this does not provide enough telephones for the
men’s section, though it would provide enough for the women.35 OIC(b)(6), (b)(7)cestimated that 65%
of the jail’s population, approximately 417 people, are men,36 which means there is only one
telephone for every 45 men, even if all six telephones are functioning.
Detainees may access the telephones at any time.37 Instructions regarding usage of the
phone system are posted next to the telephones.38 However, the delegation did not find phone
instructions in either Mandarin or Haitian Creole.39 This prevents many of BTC’s detainees from
using the phone.
2.

Direct vs. Collect Calls

According to the Standards, a facility may generally restrict telephone service to collect
calls, but it must permit detainees to make direct calls to a number of organizations, including the
local immigration court, the Board of Immigration Appeals, Federal and State courts, consular
officials, legal service providers, and relevant government offices.40 Detainees must also be able
to make direct calls to family members when a “compelling need” arises.41 The facility shall not
require indigent detainees to pay for the types of calls listed above if they are local calls, nor for
non-local calls if there is a compelling need.42 Moreover, regardless of whether the detainee is
indigent, the facility must provide a detainee with the ability to make calls to the ICE-approved
list of legal service providers and consulates at no charge to the detainee or the receiving party.43
BTC does not meet this section of the Standards: the telephone system for dialing
consulates and legal services providers free of charge does not work at all. The delegation is
32

Detention Operations Manual, Detainee Services, Standard 16, Sections I & III.A.
Detention Operations Manual, Detainee Services, Standard 16, Sections III.B. & C.
34
Observations of delegation member
.
(b)(6)
35
Observations of delegation member
.
36
Notes of delegation member
on
conversation
with OIC(b)(6), (b)(7)c
.
(b)(6)
37
Notes of delegation member
on conversation with OIC
.
38
Observations of delegation member
.
(b)(6)
39
Observations of delegation member
.
40
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
41
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
42
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
43
Detention Operations Manual, Detainee Services, Standard 15, Section III.E.
33

5

extremely concerned about the facility’s phone operations. During the tour, delegation member
Leon Fresco attempted to use the telephones to call both the Haitian Consulate and a legal
services provider, the Florida Immigration Advocacy Center, using the access code that is
apparently supposed to permit access to this type of number free of charge.44 Dialing the access
code did not prevent the telephones from requiring calling card information to charge for the
call; thus it is impossible for detainees to access pro bono legal counsel or their consulates free
of charge to aid in their deportation or to seek legal representation.45 Delegation member Leon
Fresco reported this fact to OIC(b)(6), (b)(7)c who then attempted to use the phones and confirmed that
they were not operational.46 Officials at BTC should take all necessary steps to immediately
repair the phone system in the jail to allow for free calls to consulates and to pro bono legal
services providers.
3.

Privacy and Telephone Usage Restrictions for Legal Phone Calls

The Standards provide two sets of rules regarding telephone usage restrictions.47 One set
of rules governs calls regarding legal matters, while the other set governs calls unrelated to legal
matters. With respect to legal phone calls, the Standards provide: “The facility shall not restrict
the number of calls a detainee places to his/her legal representatives, nor limit the duration of
such calls by rule or automatic cut-off, unless necessary for security purposes or to maintain
orderly and fair access to telephones.48
The facility must ensure privacy for all detainee phone calls regarding legal matters.49
The facility must provide a reasonable number of telephones on which detainees can make such
calls without being overheard by officers, other staff, or other detainees.50 The Standards also
explicitly prohibit the facility and its personnel from monitoring or recording telephone calls on
legal matters, absent a court order.51
BTC does not meet this section of the Standards: all phone calls are electronically
monitored, and privacy is not available. BTC’s phone system prevents detainees from making
legal phone calls without being overheard by BTC personnel and other detainees.52 The
telephones in each dorm are not private, but are located in open areas.53 No privacy panels are
installed, nor are areas designated for telephone calls to ensure privacy.54 At the very least,
detainee phone conversations can be heard by other detainees in the telephone room where the
phones are located.55

44

Observations of delegation member
(b)(6)
Observations of delegation member
46
(b)(6)
Notes of delegation member
on conversation with OIC(b)(6), (b)(7)c
47
Detention Operations Manual, Detainee Services, Standard 15, Section III.F.
48
Detention Operations Manual, Detainee Services, Standard 15, Section III.F.
49
Detention Operations Manual, Detainee Services, Standard 15, Section III.J.
50
Detention Operations Manual, Detainee Services, Standard 15, Section III.J.
51
Detention Operations Manual, Detainee Services, Standard 15, Section III.J.
52
Observations of delegation member
.
53
Observations of delegation member
.
(b)(6)
54
Observations of delegation member
.
55
Observations of delegation member
.
45

6

Moreover, BTC also electronically monitors and records all calls; the policy of recording
all telephone calls is posted next to the telephones in the telephone room.56 This practice was
particularly troubling to the delegation, as it would necessarily interfere with attorney-client
relationships and confidentiality.
4.

Incoming Calls and Messages

The Detention Standards require facilities to take and deliver messages from emergency
and non-emergency incoming telephone calls to detainees as promptly as possible.57 If the
facility receives an emergency telephone call for a detainee, the facility is required to obtain the
caller’s name and telephone number and permit the detainee to “return the emergency call as
soon as reasonably possible.”58 Moreover, the facility must enable indigent detainees to make
free return emergency calls.59
BTC does not meet this section of the Standards: BTC does not have a procedure in
place for taking and delivering non-emergency phone messages to the detainees.60 BTC
officials stated that they would accept and deliver bona fide emergency phone messages to the
detainees.61 The delegation does not know whether the facility allows indigent detainees to
return these calls free of charge.
C.

Access to Legal Materials

The Detention Standards provide that all facilities 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.62
1.

Access to the Library

The Detention Standards require that a facility devise a flexible schedule to permit all
detainees, regardless of housing or classification, to use the law library on a regular basis for a
minimum of five hours per week.63 These five hours should not cause a detainee to miss a meal,
recreation time, or any other planned activity.64
BTC meets this section of the Standards. BTC allows all male detainees to use the law
library from 7:30 a.m. to 10:30 a.m. and allows female detainees to use the law library from 1:00
p.m. to 4:00 p.m. Males can use the law library at any time that they need to during the evening,
and females can request to use the library in the evening as well (the library simply needs to then
be cleared of any male detainees before a female detainee can enter the library, given that the

56

(b)(6)
Observations of delegation member
Detention Operations Manual, Detainee Services, Standard 15, Section III.I.
58
Detention Operations Manual, Detainee Services, Standard 15, Section III.I.
59
Detention Operations Manual, Detainee Services, Standard 15, Section III.I.
60
Notes of delegation member
on conversation with Unit Manager
(b)(6)
61
Notes of delegation member
on conversation with Unit Manager
62
Detention Operations Manual, Detainee Services, Standard 1, Section I.
63
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
64
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.

57

7

(b)(6)

library is located in the male section of the jail).65 Moreover, detainees are not required to choose
between library time and recreation time.66
2.

Library Conditions

The Detention Standards provide that each facility shall provide a law library in a
designated room with sufficient space to facilitate detainees’ legal research and writing. The
library shall contain a sufficient number of tables and chairs in a well-lit room, reasonably
isolated from noisy areas.67
BTC meets this section of the Standards. The BTC library is well-lit and reasonably
isolated from high-traffic or noisy areas that might interfere with research and writing.68 The
computers in the library are functional and the printers work as well.69 The library is very small;
it can only accommodate a handful of any detainees at any given time.70
3.

Materials Identified in the Detention Standards

The Detention Standards require all law libraries to contain the materials listed in
Attachment A to the chapter on Access to Legal Material.71 These materials must be updated
regularly and information must be added on significant regulatory and statutory changes
regarding detention and deportation of aliens in a timely manner.72 Damaged or stolen materials
must be promptly replaced.73 In addition, the Standards require that the facility post a list of
holdings in the law library and designate an employee with responsibility for updating materials,
inspecting them weekly, and maintaining them in good working order.74
BTC does not meet this section of the Standards: a review of the law library revealed
that many required materials were outdated or entirely missing from the library.75 The
library was missing a number of required materials, including texts on immigration law and
defense, guides for immigration advocates, country reports on human rights practices for asylum
seekers, other asylum and refugee materials, and even the BTC detainee handbook.76 With so
many missing materials, the delegation believes that an immigration detainee with a valid
defense to removal such as an asylum claim would find it extremely difficult, if not impossible,
to prepare his/her case without the aid of an attorney.

65

Notes of delegation member
on conversation with Unit Manager
(b)(6)
Notes of delegation member
on conversation with Unit Manager
67
Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
68
Observations of delegation member
.
69
(b)(6)
Observations of delegation member
.
70
Observations of delegation member
.
71
Detention Operations Manual, Detainee Services, Standard 1, Section III.C.
72
Detention Operations Manual, Detainee Services, Standard 1, Sections III.D-F.
73
Detention Operations Manual, Detainee Services, Standard 1, Section III.F.
74
Detention Operations Manual, Detainee Services, Standard 1, Section III.E.
75
Observations of delegation members
.
(b)(6)
76
Observations of delegation members
.
66

8

(b)(6)

.
.

4.

Computer Access, Equipment, and Holdings

The Detention Standards require that the law library provide an adequate number of
typewriters and/or computers, writing implements, paper, and office supplies to enable detainees
to prepare documents for legal proceedings.77 The Standards require that non-English speaking
detainees be provided with more than a set of English-language law books.78
BTC does not fully meet this section of the Standards: it does not provide writing
supplies or legal materials in languages other than English. There are two fully functional
computers at BTC.79 However, the library does not contain any writing implements, paper, or
office supplies.80 When asked about this, BTC employee Captain (b)(6), (b)(7)c stated that they were
concerned about the safety of the detainees and that is why they were not given pens or pencils.81
The delegation highly recommends that BTC provide either pens or pencils to the detainees that
need to use the library.
The English language research materials are reasonably good.82 However, there are
absolutely no legal research materials of any kind in any other language.83 The delegation
believes that at least a bare minimum of documents should be available in Spanish, Creole, and
Mandarin so that detainees have at least some knowledge of their legal rights in the United
States.
5.

Photocopies

The Detention Standards provide that each facility shall ensure that detainees can obtain
photocopies of legal materials, when such copies are reasonable and necessary for legal
proceedings involving the detainee.84 Enough copies must be provided so that a detainee can
fulfill court procedural rules and retain a copy for his records.85 Facility personnel may not read
a document that on its face is clearly related to a legal proceeding involving the detainee.86
BTC meets this section of the Standards. BTC official Unit Manager (b)(6) stated that
detainees may make copies by providing their documents to the detainee’s case specialist, who
will make the copies and return the documents.87 This information was corroborated by the
detainees.88

77

Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
Detention Operations Manual, Detainee Services, Standard 1, Section III.L.
79
Observations of delegation members
.
(b)(6)
80
Observations of delegation members
.
81
(b)(6)
Notes of delegation members
on conversation
(b)(6),
(b)(7)c
with Captain
82
Observations of delegation member
.
(b)(6)
83
Observations of delegation member
.
84
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
85
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
86
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
87
Notes of delegation member
on conversation with Unit Manager (b)(6) .
(b)(6)
88
(b)(6)
Notes of delegation member
conversation with detainee (b)(6), (b)(7)c ; and notes of
(b)(6), (b)(7)c
delegation member
conversation with detainee
.
(b)(6)
78

9

6.

Correspondence and Other Mail

The Detention Standards require that detainees be allowed to send and receive
correspondence in a timely manner, subject to limitations required for safety, security, and
orderly operation of the facility.89 General correspondence shall normally be opened and
inspected for contraband in the presence of the detainee, but may be opened and even read
outside the presence of the detainee if security reasons exist for doing so.90 Special
correspondence—which includes all written communication to or from attorneys, legal
representatives, judges, courts, government officials, and the news media—is treated
differently.91 Incoming special correspondence can be inspected for contraband only in the
presence of the detainee, but it can never be read or copied.92 Outgoing special correspondence
cannot be opened, inspected, or read.93 The Standards also require that facilities provide
indigent detainees with free envelopes and stamps for mail related to a legal matter, including
correspondence to a legal representative, potential representative, or any court.94
BTC meets this Standard. According to BTC personnel, detainees are given two
stamped envelopes every week.95 Moreover, detainees may request further stamps and envelopes
from their case specialist if they need additional envelopes.96
D.

Group Rights Presentations

The Detention Standards provide that facilities 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 the ICE facility.97
It is unclear whether BTC meets this Standard; female detainees were not aware of
presentations, and the facility does not show the Florence Project’s Know Your Rights
video. According to BTC personnel, there are no restrictions on group presentations.98 The
delegation inquired whether the facility has aired the “Know Your Rights” video created by the
Florence Project and distributed by ICE. BTC officials stated that the video had not been aired.
99
Indeed, none of the BTC officials interviewed seemed to be aware of the existence of the
video.100 Finally, many of the female detainees complained that they were unaware that
presentations were being given by the Florida Immigrant Advocacy Center.101

89

Detention Operations Manual, Detainee Services, Standard 4, Section I.
Detention Operations Manual, Detainee Services, Standard 4, Sections III.B & E.
91
Detention Operations Manual, Detainee Services, Standard 4, Sections III.B, E & F.
92
Detention Operations Manual, Detainee Services, Standard 4, Sections III.B & E.
93
Detention Operations Manual, Detainee Services, Standard 4, Sections III.B & F.
94
Detention Operations Manual, Detainee Services, Standard 1, Section III.N.
95
Notes of delegation members
and
on conversation with Captain (b)(6), (b)(7)c
(b)(6)
(b)(6)
96
Notes of delegation members
and
on conversation with Captain
97
Detention Operations Manual, Detainee Services, Standard 9, Section I.
98
Notes of delegation member
on conversation with OIC
99
Notes of delegation member
on conversation with OIC(b)(6), (b)(7)c
(b)(6), (b)(7)c
100
Notes of delegation member
on conversation with OIC
.
101
(b)(6), (b)(7)c
Notes of delegation interviews with detainees
.
90

10

IV.

OTHER PROVISIONS OF THE DETENTION STANDARDS
A.

Recreation

The Detention Standards require that all facilities provide immigration detainees with
access to recreational programs and activities, under conditions of security and supervision that
protect their safety and welfare.102 Every effort is to be made to provide outdoor recreation
facilities, but lacking such, the recreation room must be large, with exercise equipment and
having “access to sunlight.”103 According to the Standards, “[e]xercise areas will offer a variety
of fixed and movable equipment;” cardiovascular exercise “shall be available to detainees for
whom recreation is unavailable” and “recreational activities may include limited-contact sports;”
and dayrooms in general-population housing units “will offer board games, television, and other
sedentary activities.”104
BTC meets this Standard. BTC has excellent recreation facilities including recreation
areas where sports can be played and exercise machines.105
B.

Medical Treatment

The Detention Standards require that all detainees have access to medical services that
promote detainee health and general well-being.106 Each facility is required to have regularly
scheduled times, known as sick call, when medical personnel are available to see detainees who
have requested medical services.107 For a facility of over 200 detainees, a minimum of five days
per week is required.108 Facilities must also have procedures in place to provide emergency
medical care for detainees who require it.109 With respect to emergency care, the Standards state
that in a situation in which a detention officer is uncertain whether a detainee requires emergency
medical care, the officer should immediately contact a health care provider or an on-duty
supervisor.110 If a detainee is diagnosed as having a medical or psychiatric condition requiring
special attention (e.g., special diet), the medical care provider is required to notify the OIC in
writing.111
The delegation is concerned about access to medical care for immigration detainees
at BTC: there are delays in receiving medical care; detainees complain of insufficient
treatment; and there are no live interpreters available. In order to be seen by the medical
staff, detainees must fill out a request form to the Medical Services Station, briefly describing

102

Detention Operations Manual, Detainee Services, Standard 13, Section I.
Detention Operations Manual, Detainee Services, Standard 13, Section I.
104
Detention Operations Manual, Detainee Services, Standard 13, Section III.G.
105
(b)(6)
Observations of delegation member
.
106
Detention Operation Manual, Health Services, Standard 2, Section I.
107
Detention Operation Manual, Health Services, Standard 2, Section III.F.
108
Detention Operation Manual, Health Services, Standard 2, Section III.F.
109
Detention Operation Manual, Health Services, Standard 2, Sections III.A., D., & G.
110
Detention Operation Manual, Health Services, Standard 2, Section III.H.
111
Detention Operation Manual, Health Services, Standard 2, Section III.J.
103

11

their medical problems.112 There is only one physician on staff and five registered nurses.113
Detainees have complained that they have to wait days before receiving any medical care and are
often only given pain pills for their conditions even though they feel that they may have some
serious medical conditions that are not being diagnosed by the physicians on-site.114 Moreover,
there are no live interpreters available at BTC and, thus, telephonic translation is often necessary
which severely complicates the diagnostic process.115
C.

Detainee Classification

The Detention Standards require that detention facilities use a classification system and
physically separate detainees in different categories.116 A detainee’s classification is to be made
on “objective” information, including criminal offenses, escape attempts, institutional
disciplinary history, violent incidents, etc.117 Opinions, unconfirmed and unverified information,
and physical characteristics and appearance are not to be taken into account.118 Classification is
required in order to separate detainees with no or small criminal records from detainees with
serious criminal records.119
Additionally, all facility classification systems shall allow classification levels to be
redetermined and include procedures by which new arrivals can appeal their classification
levels.120 Finally, the detainee handbook’s section on classification must include (1) an
explanation of the classification levels, with the conditions and restrictions applicable to each,
and (2) the procedures by which a detainee may appeal his classification.121
(b)(6), (b)(7)c
According to Officer
there is no classification system used at BTC
because all of the detainees are non-criminal and non-violent.122 There is, however, one type
of classification that occurs at BTC: the telephones, laundry, microwaves, and televisions are
segregated by country of origin. There are three categories: 1) Haitian/Caribbean Islands; 2)
Central American and Hispanic; and 3) European/Chinese/Other. 123

112

s of delegation members

on conversation with Unit Manager

(b)(6)

(b)(6)
(b)(6)
Notes of delegation member
on conversation with Unit Manager
(b)(6)
(b)(6)
Notes of delegation member
on conversation with detainee
(b)(6)
(b)(6)
of delegation member
on conversation with detainee
115
(b)(6)
(b)(6)
Notes of delegation member
on conversation with detainee
(b)(6)
(b)(6)
of delegation member
on conversation with detainee
116
Detention Operations Manual, Detainee Services, Standard 3, Section I.
117
Detention Operations Manual, Detainee Services, Standard 3, Section III.D.
118
Detention Operations Manual, Detainee Services, Standard 3, Section III.D.
119
Detention Operations Manual, Detainee Services, Standard 3, Sections III.A & III.E.
120
Detention Operations Manual, Detainee Services, Standard 3, Sections III.G & H.
121
Detention Operations Manual, Detainee Services, Standard 3, Section III.I.
122
Notes of delegation member
on conversation with OIC(b)(6), (b)(7)c
.
(b)(6)
123
(b)(6), (b)(7)c
Notes of delegation member
on conversation with detainee
(b)(6)
(b)(6), (b)(7)c
delegation member
on conversation with detainee

114

12

and notes
and notes

and notes of

D.

Voluntary Work Programs

The Detention Standards require all facilities with work programs to “provide detainees
the opportunity to work and earn money.”124 Detainees who are physically and mentally able to
work must be provided the opportunity to participate in any voluntary work program.125
BTC meets this Standard. The detainees reported that they can work in the food
preparation area for $1 per day.126 However, none of the detainees the delegation spoke to chose
to work at the jail.127
E.

Detainee Grievance Procedures

The Standards require that every facility develop and implement standard procedures for
handling detainee grievances and encourage that the facility initially seek to resolve grievances
informally before having to engage in a more formalized procedure.128 Translating assistance for
both formal and informal grievances must be provided upon request.129 The Standards also
require that each facility establish a reasonable time limit for: (1) “processing, investigating, and
responding to grievances;” (2) “convening a grievance committee to review formal complaints;”
and (3) “providing written responses to detainees who filed formal grievances, including the
basis for the decision.”130 All grievances must receive supervisory review, include guarantees
against reprisal, and allow for appeals.131 Further, the Standards require detainee handbooks to
provide an explanation of the grievance procedures, including (1) the procedures for appealing
decisions to ICE, and (2) the opportunity to file a complaint about officer misconduct directly
with the Justice Department (including the phone number and address).132
It is unclear whether BTC provides detainees with an adequate complaint
procedure. The delegation was not permitted to see the BTC detainee handbook, and was
therefore unable to determine what grievance procedures are in place, or whether grievance
procedures are properly explained to detainees.133 None of the detainees we interviewed had
ever filed a formal grievance.134

124

Detention Operations Manual, Detainee Services, Standard 17, Section I.
Detention Operations Manua
ervices, Standard 17, Section I
126
(b)(6)
(b)(6), (b)(7)c
Notes of delegation member
on conversation with detainee
(b)(6)
(b)(6), (b)(7)c
delegation member
on conversation with detainee
127
Notes of delegation members
(b)(6)
125

(b)(6)

128

Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.A.
Detention Operations Manual, Detainee Services, Standard 5, Sections III.A.1 & 2.
130
Detention Operations Manual, Detainee Services, Standard 5, Section I.
131
Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.C.
132
Detention Operations Manual, Detainee Services, Standard 5, Section III.G.
133
See supra, Section II.A.
134
(b)(6)
Notes of delegation members
129

(b)(6)

13

and notes of

F.

Staff-Detainee Communication (ICE Presence at the Facility)

The Detention Standards require procedures to be in place “to allow for formal and
informal contact between key facility staff and 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.”135 The Standards require that both weekly visits be conducted by ICE personnel and that
“regular unannounced (not scheduled) visits” be conducted by the ICE OIC, the Assistant OIC,
and designated department heads.136 The purpose of such visits is to monitor housing conditions,
interview detainees, review records, and answer questions for detainees who do not comprehend
the immigration removal process.137 The Standards also require that detainees “have the
opportunity to submit written questions, requests, or concerns to ICE staff.”138 All facilities that
house ICE detainees must have “written procedures to route detainee requests to the appropriate
ICE official” and must assist detainees “who are disabled, illiterate, or know little or no
English.”139
BTC meets this Standard. OIC(b)(6), (b)(7)cis at BTC every day.140
V.

RECOMMENDATIONS

The Broward Transitional Center generally appears to be mindful of the Detention
Standards and to provide its detainees with reasonable conditions of detention. However, the
delegation’s review of detention conditions is incomplete, because interviews with detainees
were cut short, and because BTC did not provide the delegation with a copy of the detainee
handbook. The delegation recommends the following proposals so that BTC may more fully
abide by its obligations under the Standards:
Visitation
• BTC should post its attorney visitation hours and its general public visitation
hours in its lobby to ensure visibility by any person entering the facility.
• BTC should immediately eliminate its practice of requiring attorneys to file
Forms G-28 prior to visiting potential clients.
Telephone Access
• BTC should install additional telephones in order to have one for every 25
detainees.
• BTC should install privacy panels or otherwise place telephones so that
detainees can make legal phone calls without being overheard by others.
• BTC should not record or monitor legal phone calls in any matter whatsoever,
absent a court order. If regular phone calls are monitored, BTC should provide
detainees with the procedure for obtaining an unmonitored call for legal
purposes.
135

Detention Operations Manual, Staff-Detainee Communication, Section I.
Detention Operations Manual, Staff-Detainee Communication, Section III.A.
137
Detention Operations Manual, Staff-Detainee Communication, Section III.A.
138
Detention Operations Manual, Staff-Detainee Communication, Section III.B.
139
Detention Operations Manual, Staff-Detainee Communication, Section III.B.
140
(b)(6)
Notes of delegation member
, on conversation with OIC(b)(6), (b)(7)c
.
136

14

•
•

Any all technical difficulties in reaching consulates and pro bono legal
providers must be immediately resolved.
Instructions regarding usage of the phone system need to be in Creole,
Mandarin, and Spanish, reflecting the needs of the multinational immigrant
jail population.

Access to Legal Materials
• BTC’s law library should provide access to all of the legal materials listed in
the Detention Standards.
• BTC should assign an employee to organize, update, and request legal
materials.
• BTC should provide detainees sufficient access to writing implements and
paper in the law library.
• BTC should show detainees the “Know Your Rights” video created by the
Florence Project and distributed by ICE.
• BTC should provide at least some essential legal materials in Spanish, Creole,
and Mandarin -- reflecting almost the entirety of the detainee population -- in
order to provide at least some rudimentary resources to the detainees about
their rights to seek asylum and/or other relief from removal.
Medical Treatment
• BTC should review requests for doctor visits and medicine in a timely
manner.
• Medicine and/or treatment should not be delayed or denied to detainees with
temporary, emergency, or non-chronic medical conditions.
• Given the large Haitian and Chinese population at the facility, BTC should
arrange for an on-site Creole and Mandarin translator to be present to facilitate
medical visits and to deal with any detainee complaints.
Detainee Classification
• BTC should end its policy of segregating detainees based upon their country
of origin for the use of the telephones, laundry, and microwaves.
Detainee Grievance Procedures
• BTC should provide translation assistance for both formal and informal
grievances.
Educational Opportunities
• BTC should offer classes to detainees in other languages beside English.
# 3933113_v1

15