MEMORANDUM
To:

Anthony S. Tangeman, Director, Office of Detention and Removal, Immigration and
Customs Enforcement.

From: American Bar Association Delegation to the Clay County Jail 1
Date: January 7, 2004
Cc:

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Re:

ABA Commission on Immigration Policy, Practice and Pro Bono

Report on observations during a general tour of the Clay County Jail facility

This memorandum summarizes and evaluates information gathered at the Clay County
Jail (“CCJ” or “Jail”) in Green Cove Springs, Florida during the delegation’s August 28, 2003
visit to the facility. The information was gathered via observation of the facility by the
delegation and interviews with immigration detainees and CCJ 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-six 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 as part of 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.

1

The delegation was comprised of Holland & Knight attorneys
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and

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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”).

II.

INTRODUCTION.
A.

The Delegation’s August 28th Visit.

On Thursday, August 28, 2003, the members of our delegation met with several members
of CCJ’s staff and a representative from the ICE office in Orlando, Florida. Our delegation first
b6, b7C
met with CCJ Division Director Major
and Corrections Officer Lieutenant b6, b7C
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During the course of this meeting, our tour of the facilities, and the post-tour follow-up
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discussion, we met with ICE Officer-in-Charge (OIC)
and other CCJ personnel,
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b7C
including Program Services Coordinator
The delegation appreciates the
cooperation of these individuals. They were direct and accommodating during our tour of the
facility and in response to post-tour requests for additional information.
Our report is based on the discussions we had with these CCJ and ICE employees, as well
as observations of the facility and interviews with eight 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 conclusively determine whether CCJ
policy and procedures complied with the Standards. However, in certain instances, detainee
reports conflicted with statements made by facility personnel. Where we were unable to verify
the conflicting reports, the delegation was unable to conclusively determine compliance.

B.

General Information About the Clay County Jail Facility.

The Clay County Jail houses immigration detainees through an intergovernmental service
agreement with ICE. According to CCJ personnel, the Jail has the capacity to hold 490 inmates
but currently has 478 beds. We were informed that at time of our visit, the Jail had a total
population count of 461 inmates, 99 of whom were immigration detainees.
CCJ accommodates mostly male individuals. According to CCJ personnel, at the time of
our visit, the Jail housed only 6 female immigration detainees. The delegation did not interview
or meet with any of the female detainees.
According to an accounting provided by the Clay County Sheriff’s Office for the month
of August, CCJ housed 208 different immigration detainees in the month of August. These
inmates were from: Albania, Argentina, Bahamas, Bangladesh, Barbados, Belgium, Belize,
Bosnia, Brazil, Canada, China, Columbia, Cuba, Dominican Republic, Ecuador, El Salvador,
Estonia, France, Germany, Grenada, Guatemala, Guyana, Haiti, Honduras, Hong Kong, India,
Iraq, Israel, Jamaica, Jordan, Mexico, Montserrat, Nicaragua, Pakistan, Peru, Philippines,
Portugal, Romania, Russia, Sierra Leone, South Africa, Sudan, Thailand, Trinidad, Turks,
Venezuela, Vietnam, Virgin Islands, and Yugoslavia. Of these 208 detainees:
•
•

•
•

110 were from Latin American countries (approximately 52%)
47 were from predominantly black countries in the Western Hemisphere
(Bahamas, Barbados, Belize, Haiti, Guyana, Jamaica, Trinidad) (approximately
22%)
17 were from Asian countries (approximately 8%)
5 were from Middle Eastern countries (approximately 2%)

2

It appears that although the large majority of immigration detainees housed at CCJ have
criminal records, some of the detainees have no criminal history of any kind. There was some
confusion about this fact during our visit. At the preliminary meeting before the tour of the
facility, CCJ personnel informed delegation members that all of the detainees sent to CCJ had
been transferred from state correctional facilities. During the interviews of the detainees,
however, a number of the detainees contradicted this statement, asserting that some detainees in
fact have not been convicted of any crimes. At the post-tour follow-up discussion with CCJ
personnel, delegation members brought up the inconsistency. CCJ staff sought and analyzed
their inmate records and confirmed that some of the detainees housed at CCJ had no criminal
history.
CCJ receives $65.00 per day, per detainee housed at the facility. Assuming an average
daily total of 100 immigration detainees, CCJ receives approximately $195,000 per month under
the “IGSA” contract.

III.

IMPLEMENTATION OF LEGAL ACCESS STANDARDS.
A.

Legal Access/Visitation.
1.

Visitation by Attorneys.

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. 3
The CCJ facility has implemented this section of the Standards. According to the
CCJ Inmate Handbook, attorneys are not restricted to the normal hours of visitation. 4 Attorneys
are allowed to visit CCJ inmates at any time, seven days a week, except during count time or
mealtime. In order for an attorney to visit a detainee at CCJ, the attorney must have and present
a bar card. The attorney may visit a client without prior notice to the facility (i.e., the attorney
need not arrange for the visit in advance). According to CCJ personnel, legal assistants,
interpreters, and law students are also allowed to visit detainees, but they must call ahead and get
pre-approval from the facility.
There are six attorney visitation booths at the facility. These booths provide enough
space for six attorney visits to occur simultaneously. However, CCJ officials informed
delegation members that if the six attorney booths are occupied, additional attorneys can meet
with their clients in the jail’s small courtroom. The courtroom would provide enough space for
two, and perhaps three, additional attorney-client visits. Multiple visits in the courtroom,
however, would be lacking in privacy and confidentiality.
All attorney visitation areas allow for contact visits. Unlike the booths used for family
visits, the attorney booths do not have Plexiglas dividers to separate the detainees from their

3
4

Detention Operations Manual, Detainee Services, Standard 16, Section I.
CCJ Inmate Handbook, p. 24.

3

attorneys. Also detainees are not subject to strip searches after attorney visits; they are subject to
only “pat down” searches, in accordance with the Standards.

2.

Visitation by Family and Friends.

To maintain detainee morale and family relationships, the Detention Standards encourage
visitation with family and friends. 5 To that end, the Standards require that all detention facilities
allow visitation and establish written visitation procedures. 6 The Standards require a minimum
of 30 minutes per visitation, under normal conditions, and encourage more generous limits when
possible. 7 The facility must allow visitation by immediate family members, and other relatives,
friends, and associates. 8 As to minor visitors, the Standards provide that:
At facilities where there is no provision for visits by minors, [ICE] will arrange
for a visit by children and stepchildren, on request, within the first 30 days. After
that time, on request, [ICE] will consider a transfer, when possible, to a facility
that will allow such visitation. Monthly visits will be continued on request, if
transfer is not, [sic] approved, available or until effected. 9
Moreover, the ICE Model Detainee Handbook (although not provided to detainees at CCJ) adds
that visitors under 18 years of age “are expected to remain under the direct supervision of” adult
visitors. 10
CCJ facilitates some parts of this section of the Standards, but not others. CCJ
provides for family and friend visitation, and by providing written visitation procedures to the
detainees through the CCJ Inmate Handbook. 11 Detainees are given two hours of visitation
every week, 12 which surpasses the 30-minute minimum required under the Standards.
However, under CCJ policy, detainees cannot split their two hours of visitation time
among several visitors, nor can they see more than one individual during a visit. Therefore,
detainees are permitted to see only one visitor for their entire 2-hour visit time every week. This
restriction appears to conflict with the section of the Standards regarding visitation by
children, which apparently contemplates visits with more than one family member at the
same time. Additionally, in some families, restricting visitation to only one family member
might discourage, rather than encourage, family visitation. This is especially so for detainees
because, unlike the case with other Clay County inmates, families of detainees usually need to
travel great distances to visit. According to CCJ officials, arrangements can be made if normal
visiting hours and visitation restrictions pose an unusual hardship for family members. It is
5

Detention Operations Manual, Detainee Services, Standard 16, Section I.
Detention Operations Manual, Detainee Services, Standard 16, Section III.A.
7
Detention Operations Manual, Detainee Services, Standard 16, Section III.H.1.
8
Detention Operations Manual, Detainee Services, Standard 16, Section III.H.2.
9
Detention Operations Manual, Detainee Services, Standard 16, Section III.H.2.d.
10
Detention Operations Manual, Detainee Services, Attachment to Standard 5, Visitation
Section.
11
CCJ Inmate Handbook, p. 24. However, these procedures are only available in English.
12
This restriction does not apply to attorneys or clergy.
6

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unclear, however, what such arrangements consist of and whether immigration detainees know
of the possibility to make such arrangements, as they are not mentioned in the CCJ Inmate
Handbook. While the Handbook contemplates special exceptions for one out-of-town guest, 13
the Handbook does not provide for “unusual hardship” arrangements or exceptions to the one
visitor restriction.
More importantly, the CCJ facility disregards the Standards by categorically
prohibiting persons under the age of 18 from visiting CCJ inmates. The Standards require
that, upon request, immigration detainees be able to visit with their minor children within the
first 30 days, and then once a month thereafter.14 CCJ detainees, however, are not informed of
their right to request visitation by children. Indeed, they are affirmatively instructed that such
visitations are not possible. The CCJ Inmate Handbook states, in bold type, “[n]o one under the
age of 18 will be allowed to visit.” 15 The Handbook then repeats this restriction on the following
page 16 and makes a number of references to visits by adult visitors only. 17 CCJ personnel also
reaffirmed this restriction, explicitly stating that children are not allowed to visit at the facility. 18
The detainees we spoke to believe that detainees cannot visit with their own children—in direct
conflict with the Standards. The delegation does not know whether detainees have previously
been transferred to other detention centers in order to facilitate visitation by children.
The delegation is also troubled by the fact that immigration detainees, who are not
serving criminal sentences, are handcuffed and shackled during family visitations, even
though all visits are non-contact and take place in a secured area. This practice appears to
conflict with the section of the Standards that require facilities to “ensure that all visits are
conducted in a quiet, orderly, and dignified manner.” 19 Under CCJ policy, all visits by family
and friends are to be non-contact. 20 Visitations are held in a large room, divided by Plexiglas
partitions into a number of visitation booths, with thick walls of Plexiglas separating detainees
from their visitors. Detainees and their visitors may speak to each other only via the telephone
handsets provided in each booth. Although visitations occur in a secured area and Plexiglas
partitions are used to separate inmates from visitors, all detainees are kept handcuffed and
shackled during the duration of their visit. Even detainees with no criminal history are kept
handcuffed and shackled during their visits with family and friends.
Finally, another policy that might discourage visitation is the requirement that detainees
keep a visitor’s list. During the booking process, detainees are asked to provide a list of four
names. Only persons on this list, with the exception of attorneys and clergy, may visit the
13

CCJ Inmate Handbook, pp. 23, 25.
Detention Operations Manual, Detainee Services, Standard 16, Section III.H.2.d.
15
CCJ Inmate Handbook, p. 22.
16
CCJ Inmate Handbook, p. 23 (“No one under the age of eighteen (18) will be allowed to
visit.”).
17
CCJ Inmate Handbook, p. 22-23.
18
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Notes of delegation members
and
19
Detention Operations Manual, Detainee Services, Standard 16, Section III.G.
20
CCJ Inmate Handbook, p. 22.
14

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detainee. Detainees may revise their visitor’s list to include other individuals, but they must first
make space on their list by removing persons already listed. Thus, if a detainee has four family
members on her visitor’s list, she must remove one of their names in order to include a
previously unlisted person. Changes to the visitor’s list also take some time to go into effect.

B.

Telephone Access.

As explained below, the CCJ facility has implemented some sections of the
Standards regarding telephone access, but fails to implement other, significant sections of
these Standards.

1.

General Requirements.

The Detention Standards require that facilities provide detainees with reasonable and
equitable access to telephones. 21 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. 22
CCJ has implemented this section of the Standards. Each dorm has its own set of
telephones, providing approximately 8 phones per 60 inmates. The telephones are operational
between the hours of 8:00 A.M. and 10:00 P.M. Detainees may access the telephones at any time
during the hours of operation except during “feed” and “count” times. According to the CCJ
Inmate Handbook, telephone access may be cut off if living quarters are not kept “neat and
clean” or as a part of disciplinary action taken against all inmates of a cell. 23
Instructions regarding usage of the phone system are posted next to the telephones,
although only in English. CCJ officials noted, however, that the phone service provides the
option to use Spanish-language prompts.

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. 24 Detainees must also be able
to make direct calls to family members when a “compelling need” arises.25 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. 26 Moreover, regardless of whether the detainee is

21

Detention Operations Manual, Detainee Services, Standard 15, Sections I & III.A.
Detention Operations Manual, Detainee Services, Standard 15, Sections III.B. & C.
23
CCJ Inmate Handbook, p. 21.
24
Detention Operations Manual, Detainee Services, Standard 15, Section III.E.
25
Detention Operations Manual, Detainee Services, Standard 15, Section III.E.
26
Detention Operations Manual, Detainee Services, Standard 15, Section III.E.
22

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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. 27
The delegation is concerned about the facility’s implementation of this section of the
Standards. At CCJ, detainees may make only domestic collect calls. According to CCJ
officials, the cost for a collect call is approximately $5.35 for every 15 minutes, and detainees
cannot place international collect calls or calls to cell phone numbers. 28 CCJ does not provide
for the purchase or use of pre-paid calling cards, as are available at other facilities. This fact
poses an obstacle to immigration detainees. The delegation understands that many persons,
companies, and organizations do not accept collect calls from CCJ, including many attorneys and
most pro bono and immigration advocacy organizations. Detainees are also effectively
prohibited from calling their families overseas.
The delegation is also concerned with detainee reports regarding the difficulty in
contacting consulates. According to a number of detainees, the 15-minute limit placed on all
calls prevents them from navigating a consulate’s electronic prompt system with enough time to
effectively communicate with a live consulate official. 29 Additionally, according to detainee
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the CCJ telephone system sometimes mistakes a consulate’s electronic
prompt system with an answering machine, thereby automatically disconnecting the phone call. 30

3.

Privacy and Telephone Usage Restrictions for Legal Phone
Calls.

The Standards provide two sets of rules regarding telephone usage restrictions. 31 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. If time limits are necessary for such calls, they shall be no shorter
than 20 minutes, and the detainee shall be allowed to continue the call if desired,
at the first available opportunity. 32
Further, the facility must ensure privacy for all detainee phone calls regarding legal matters. 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. 33 The Standards also
27

Detention Operations Manual, Detainee Services, Standard 15, Section III.E.
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Notes of delegation members
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,
and
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29
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Notes of delegation members
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and
30
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Notes of delegation members
and
31
Detention Operations Manual, Detainee Services, Standard 15, Section III.F.
32
Detention Operations Manual, Detainee Services, Standard 15, Section III.F.
33
Detention Operations Manual, Detainee Services, Standard 15, Section III.J.
28

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explicitly prohibit the facility and its personnel from monitoring or recording telephone calls on
legal matters, absent a court order. 34
The CCJ facility has not implemented this section of the Standards. First, although
the Standards allow for restrictions on the duration of legal phone calls, such restrictions are
allowed only if necessary “for security purposes or to maintain orderly and fair access to
telephones.” 35 It is unclear whether such restrictions are necessary at CCJ. At the time that the
delegation toured the facility, few, if any, of the telephones were in use.
Second, although the Standards require that calls be no shorter than 20 minutes, the CCJ
phone system automatically cuts off all calls, including legal phone calls, when 15 minutes have
elapsed. 36 According to CCJ personnel, detainees may place as many successive 15-minute
phone calls as they desire, subject to other detainees needing to use the phone. The 15-minute
restriction, however, conflicts with the Standards despite the ability to make additional calls.
Third, CCJ also conflicts with the Standards by preventing detainees from making legal
phone calls without being overheard by CCJ personnel and other detainees. The telephones in
each dorm are not private, but are located in open areas. Indeed, in the “isolation” block, the
telephones are actually located in the inmate shower area. No privacy panels are installed, nor
are areas designated for telephone calls to ensure privacy. At the very least, there is no doubt
that detainee phone conversations can be heard by other detainees and inmates in the same pod.
Finally, the CCJ conflicts with the Standards by electronically monitoring and recording
all calls—including those between detainees and their attorneys. The policy of recording all
telephone calls is posted next to the telephones in each dormitory and is outlined in the CCJ
Inmate Handbook. 37 This practice was particularly troubling to the delegation, as it would
necessarily interfere with attorney-client relationships and confidentiality.

4.

Privacy and Telephone Usage Restrictions for Other Calls.

As for telephone calls not related to legal matters, the facility may restrict the number and
duration of such calls for the following reasons only:
1. availability (i.e., the usage demands of other detainees);
2. orderly operation of the facility (e.g., scheduled detainee movements, court
schedules, meals, counts, etc.); and
3. emergencies (e.g., escapes, escape attempts, disturbances, fires, power
outages, etc.). 38
34

Detention Operations Manual, Detainee Services, Standard 15, Section III.J.
Detention Operations Manual, Detainee Services, Standard 15, Section III.F.
36
Although the CCJ Inmate Handbook provides that the length of telephone calls will be 20
minutes (Handbook at p. 21), CCJ personnel and detainees informed the delegation that the
telephones actually cut off after 15 minutes.
37
CCJ Inmate Handbook, p. 21.
38
Detention Operations Manual, Detainee Services, Standard 15, Section III.F.
35

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The Standards also provide that a facility may monitor all detainee phone calls of a non-legal
nature. 39 If a facility monitors calls, it must notify detainees upon admission and place a notice
at each monitored telephone. 40 The notice must state that detainee calls are subject to
monitoring and must provide the procedure for obtaining an unmonitored call for legal
purposes. 41
The CCJ facility has not fully implemented this section of the Standards. First, and
as noted above, it is unclear whether telephone usage restrictions are necessary at CCJ. The
telephones did not seem to be in high demand when the delegation toured the facility. Second,
although the facility notifies detainees about CCJ’s monitoring policy, neither the CCJ Inmate
Handbook nor the signs next to the telephones provide the procedure for obtaining an
unmonitored call for legal purposes.

5.

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. 42 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.” 43 Moreover, the facility must enable indigent detainees to make
free return emergency calls. 44
CCJ has not implemented this section of the Standards. CCJ does not have a
procedure in place for taking and delivering non-emergency phone messages to the detainees.
This policy is listed in the CCJ Inmate Handbook 45 and was confirmed by CCJ personnel.
According to CCJ personnel, this policy applies to phone calls from attorneys as well. 46 CCJ
officials stated that they would accept and deliver bona fide emergency phone messages to the
detainees. 47 The delegation does not know whether the facility allows indigent detainees to
return these calls free of charge.

39

Detention Operations Manual, Detainee Services, Standard 15, Section III.K.
Detention Operations Manual, Detainee Services, Standard 15, Section III.K.
41
Detention Operations Manual, Detainee Services, Standard 15, Section III.K.
42
Detention Operations Manual, Detainee Services, Standard 15, Section III.I.
43
Detention Operations Manual, Detainee Services, Standard 15, Section III.I.
44
Detention Operations Manual, Detainee Services, Standard 15, Section III.I.
45
CCJ Inmate Handbook, p. 21 (“Messages lacking urgency will not be relayed. The caller
will be advised to write or visit the inmate on visiting day.”).
46
Notes of delegation members
and
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47
Notes of delegation members
and
40

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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. 48
The CCJ facility has implemented some sections of the Standards regarding access
to legal materials. However, CCJ has not implemented other sections of these Standards
and, on whole, fails to provide immigration detainees with meaningful access to legal
materials.

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. 49 These five hours should not cause a detainee to miss a meal,
recreation time, or any other planned activity. 50
The CCJ facility appears to have implemented this section of the Standards, but
questions remain. The CCJ facility permits detainees to use the library one day a week for a
total of five fours. Library hours at CCJ are 8:00-11:00 A.M. and 3:00-5:00 P.M. Moreover,
detainees are not required to choose between library time and recreation time. 51
The delegation, however, is concerned with the provision in the CCJ Inmate Handbook
that states that represented inmates are not “entitled use of the law library. 52 This provision
contradicts the Standards, which clearly require that “all” detainees be allowed to use the law
library, with no exceptions for represented detainees. 53 The delegation did not ask whether this
provision in the CCJ Handbook is enforced against represented immigration detainees. If so
enforced, the facility would be in direct conflict with the meaning of the Standards.

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. 54

48

Detention Operations Manual, Detainee Services, Standard 1, Section I.
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
50
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
51
The delegation did not ask whether detainees miss meals or other planned activities if they
go to the law library.
52
CCJ Inmate Handbook, p. 18.
53
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
54
Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
49

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The CCJ facility has implemented this section of the Standards. The CCJ library is
well-lit and reasonably isolated from high-traffic or noisy areas that might interfere with research
and writing. The library is large enough to accommodate six large tables and enough chairs to
seat 20-24 inmates.

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. 55 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. 56 Damaged or stolen materials
must be promptly replaced. 57 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.58
The CCJ law library 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.
For example, the library provided no source for immigration statutes and regulations, the very
legal provisions that control the detention and removal of the detainees at CCJ. The library also
did not contain recent immigration caselaw, administrative or federal. Although the Standards
require detention facilities to provide current agency decisions, the CCJ library provided
administrative decisions only through 1989. Additionally, federal caselaw was current only to
1998, Bender’s Immigration Reporter only to June 2000, and LEXIS Immigration Law and
Procedure Reporter only to 1996.
The library was also missing a number of other 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 ICE Model
Detainee Handbook. With so many missing materials, the delegation believes that an
immigration detainee with a valid defense to removal or a valid claim to asylum would find it
extremely difficult, if not impossible, to prepare her case without the aid of an attorney.
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Program Services Coordinator
informed the delegation that she is able
to locate and print any requested cases, so long as the detainee provides the appropriate case
citation. Without access to current legal materials, however, it is unclear how the detainee can
retrieve a case citation, much less become familiar with cases relevant to her claims.

CCJ officials also informed the delegation that no CCJ employee is ass
update, and request legal materials. CCJ officials stated that a retired lawyer,
comes in as a volunteer on Tuesdays and Fridays to “update the books.” 59 It is
55

Detention Operations Manual, Detainee Services, Standard 1, Section III.C.
Detention Operations Manual, Detainee Services, Standard 1, Sections III.D.-F.
57
Detention Operations Manual, Detainee Services, Standard 1, Section III.F.
58
Detention Operations Manual, Detainee Services, Standard 1, Section III.E.
59
b6
Notes of delegation members
and
56

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officials meant by this, especially considering that most of the immigration materials required
under the Standards were missing or outdated.

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. 60
The delegation is concerned about the facility’s implementation of this section of the
Standards. First, the law library has no operational computers. The library previously had two
or more computers, but these computers have been dismantled and are currently sitting on a table
in the corner of the library. CCJ personnel informed the delegation that the computers were
broken by inmates of the facility and that there were no plans to immediately replace them. 61
However, OIC b6, b7C stated that ICE was currently investigating the possibility of purchasing new
computer kiosks that can withstand physical abuse. Without the computers, detainees have no
access to legal databases and no ability to electronically store and print legal documents.
Second, although the library has two typewriters for inmate use, a number of detainees
complained that two typewriters are insufficient for the number of CCJ inmates who require their
use. Moreover, a number of detainees reported that the typewriters are sometimes inoperative.
b6, b7C
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According to detainees
and
when the typing ribbons are
exhausted they are not immediately replaced.
These detainees also reported that the
typewriters are not equipped with correction tape and correction fluid is unavailable. 63 Because
of the difficulties associated with using the typewriters, the detainees reported that most inmates
write their legal and court documents in long hand.

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. 64 Enough copies must be provided so that a detainee can
fulfill court procedural rules and retain a copy for his records.65 Facility personnel may not read
a document that on its face is clearly related to a legal proceeding involving the detainee. 66

60

Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
b6
Notes of delegation members
b6
b6
and
b6
62
b6
Notes of delegation members
,
,
b6
b6
and
63
b6
Notes of delegation members
b6
b6
and
64
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
65
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
66
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
61

12

b6

b6

b6

The CCJ facility fulfills this section of the Standards. In order to obtain copies of their
legal materials, detainees must fill out a copy request form. The cost to inmates for such copies
is normally $0.15 per page, as stated in the CCJ Inmate Handbook. 67 However, according to
b6
Program Services Coordinator
immigration detainees are not charged for their
photocopies. All of the detainees interviewed by delegation members reported that there were no
serious issues with requesting and obtaining photocopies of legal materials. Indeed, each of the
b6
detainees praised Ms.
for her assistance with copying documents.

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. 68 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. 69 Special
correspondence—which includes all written communication to or from attorneys, legal
representatives, judges, courts, government officials, and the news media—is treated
differently. 70 Incoming special correspondence can be inspected for contraband only in the
presence of the detainee, but it can never be read or copied. 71 Outgoing special correspondence
cannot be opened, inspected, or read. 72
If allegations made by one of the detainees are true, the CCJ facility would be in
conflict with this section of the Standards. Detainees are able to send and receive
b6, b7C
correspondence. However, detainee
reported that an outgoing letter to
b6, b7C
attorneys was opened and read by CCJ officials. According to Mr.
he originally
wrote and submitted letters to attorneys regarding the conditions in the facility. He said the
letters were clearly marked as “Legal Mail.” 74 The day after he submitted the letters, a CCJ
guard came to see him with one of the letters in hand. Apparently having read the letter, the
b6, b7C
guard asked, “What the hell is this? How can you write this about us?” 75 Mr.
reported that he was then put into solitary confinement and mistreated. 76
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,

67

CCJ Inmate Handbook, p. 16.
Detention Operations Manual, Detainee Services, Standard 4, Section I.
69
Detention Operations Manual, Detainee Services, Standard 4, Sections III.B. & E.
70
Detention Operations Manual, Detainee Services, Standard 4, Sections III.B., E. & F.
71
Detention Operations Manual, Detainee Services, Standard 4, Sections III.B. & E.
72
Detention Operations Manual, Detainee Services, Standard 4, Sections III.B. & F.
73
Notes of delegation members
and
74
b6
b6
Notes of delegation members
and
75
Notes of delegation members
and
76
For a description of this mistreatment, see Section IV.I. of this memorandum.
68

13

potential representative, or any court. 77 It is unclear whether the facility facilitates this section of
the Standards. According to CCJ personnel and detainees, detainees are given four stamped
envelopes, four sheets of paper, and a small pencil (without an eraser) every week. 78 However,
the Standards do not provide for restrictions on the amount of paper, envelopes, and stamps a
detainee may request, and the delegation does not know whether detainees may obtain more than
the four stamped envelopes they are given, if needed. Moreover, CCJ personnel added that
detainees only receive the stamped envelopes if they affirmatively request them. 79

7.

Notaries, Certified Mail, and
Associated with Legal Matters.

Miscellaneous

Needs

The Detention Standards require that the facility provide assistance to any unrepresented
detainee who requests a notary public, certified mail, or other such services to pursue a legal
matter if the detainee is unable to meet the need through family members or community
organizations. 80
The CCJ Inmate Handbook outlines procedures that a detainee may follow in order to
obtain notary public services at no charge. 81 The delegation did not inquire whether the facility
was in compliance with this section of the Standards.

C.

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. 82
The CCJ facility has implemented this section of the Standards. According to CCJ
personnel, there are no restrictions on group presentations. However, CCJ officials informed the
delegation that aside from the “Know Your Rights” presentation provided by the Florida
Immigrant Advocacy Center once every year, no other groups seek to provide group
presentations to the detainees. 83 The delegation also inquired whether the facility has aired the
“Know Your Rights” video created by the Florence Project and distributed by ICE. CCJ officials
stated that the video had not been aired. 84 Indeed, none of the CCJ officials interviewed seemed
to be aware of the existence of the video.

77

Detention Operations Manual, Detainee Services, Standard 1, Section III.N.
b6
b6
Notes of delegation members
b6
b6
and
79
b6
b6
Notes of delegation members
and
80
Detention Operations Manual, Detainee Services, Standard 1, Section III.P.
81
CCJ Inmate Handbook, p. 16.
82
Detention Operations Manual, Detainee Services, Standard 9, Section I.
83
Notes of delegation member
b6
84
Notes of delegation member
78

14

b6

IV.

OTHER PROVISIONS OF THE ICE DETENTION STANDARDS.
A.

Site-Specific Detainee Handbook.

The Detention Standards require that all detention facilities have a site-specific handbook
for its immigration detainees. The purpose of the handbook is to provide an overview of, and
guide to, “the detention policies, rules, and procedures in effect at the facility,” as well as “the
services, programs, and opportunities available through various sources, including the facility,
[ICE], private organizations, etc.” 85 The handbook must be translated into Spanish, and, if
appropriate, into the next most-prevalent language(s) among the facility’s detainees. 86 All
detainees are to receive a copy of the handbook upon admission to the facility. 87
CCJ has not fully implemented this section of the Standards. At intake, immigration
detainees are given copies of the Clay County Jail Inmate Handbook. 88 This handbook meets the
definition of a “site-specific handbook” and provides an adequate overview of the policies, rules,
and procedures generally in effect at CCJ.
However, the CCJ Handbook is deficient in two ways. First, the handbook is not
available in any language other than English. The fact that the handbook has not been translated
into Spanish or any other appropriate language is a direct violation of the Standards on detainee
handbooks. Second, although the handbook correctly describes many of the rules and
procedures generally in effect at CCJ, the handbook does not adequately describe the policies,
rules, services, programs, and rights available to immigration detainees under the Detention
Standards. Indeed, in many instances, the CCJ Inmate Handbook either misleads immigration
detainees as to their rights or directly contradicts the Standards:
o although the Standards require free medical services and medication for
immigration detainees, the handbook states that all inmates will be billed for
medical services and medication and that these charges will be deducted from
their accounts (pp. 8-9);
o although the Standards provide for the free reproduction of legal materials,
the handbook states that the cost of copies “shall be $.15 per one-sided page”
(p. 16);
o although all detainees may access the law library under the Standards, the
handbook states that represented inmates are not “entitled use of the law
library” (p. 18);
o although the Standards require facilities to relay non-emergency messages
from incoming phone calls, the handbook states that “[m]essages lacking
urgency will not be relayed” (p. 21);

85

Detention Operations Manual. Detainee Services, Standard 5, Section I.
Detention Operations Manual. Detainee Services, Standard 5, Section III.E.
87
Detention Operations Manual. Detainee Services, Standard 5, Section I.
88
The CCJ Inmate Handbook is not modeled on the ICE Detainee Handbook.
86

15

o although the recording and monitoring of legal phone calls is prohibited under
the Standards, the handbook provides that all telephone communications
“may be monitored and/or recorded at any time” (p. 21);
o although the Standards provide detainees the ability to see their minor
children monthly, the handbook states in several places that persons under the
age of 18 will not be allowed to visit (pp. 22-23).

B.

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. 89 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.” 90 All facilities shall also have an individual responsible for the
development and oversight of the recreation program. 91 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;” dayrooms in general-population housing units “will offer board
games, television, and other sedentary activities;” and “detainees participating in outdoor
recreation shall have access to drinking water and toilet facilities.”
The CCJ facility fails to meet, in large part, the Standards regarding recreational
programs and activities. Detainees are given an hour of recreation, five days a week. But other
than the amount of time dedicated to recreation, the jail’s recreational program is clearly
deficient:
o At CCJ, there is no true “outdoor” recreation. Recreation takes place in what
CCJ officials described as a “walled cage.” The recreation area consists of a
large slab of concrete, closed in by 20-foot concrete walls and a wire fence
across the top.
o CCJ has no exercise or recreational equipment of any kind. There are no
weights, cardiovascular machines, or balls, and detainees are not allowed to
play sports of any kind or partake in any form of cardiovascular exercise.
Detainees, like all of the other inmates at the facility, are allowed only to walk
b6, b7C
in a circle during the entire recreation period. Detainee
complained that the guards do not even allow them to stop and talk to one
another. 92
o Although the Standards require the detainees have access to natural sunlight,
it appears that CCJ detainees are not allowed any access to sunlight at all. The
20-foot concrete walls prevent direct sunlight from reaching the recreation
89

Detention Operations Manual, Detainee Services, Standard 13, Section I.
Detention Operations Manual, Detainee Services, Standard 13, Section I.
91
Detention Operations Manual, Detainee Services, Standard 13, Section III.F.
92
b6
b6
Notes of delegation members
and
90

16

area except during the noontime period. The detainees reported, however, that
they are taken to recreation at 5:00 A.M., before the sun even rises. 93
o The detainees reported that sometimes—even in the summer—they are not
provided drinking water during recreation. 94 Because of this, many detainees
refuse recreation during the summer months.
o Although ICE provided the CCJ facility with a number of television sets, they
are rarely turned on. The sets have been on only a few times, and only to
show the same pre-recorded tape for new county inmates. According to CCJ
officials, although ICE provided televisions for the facility, ICE never
instructed CCJ officials to turn the sets on. 95

C.

Medical Treatment.

The Detention Standards require that all detainees have access to medical services that
promote detainee health and general well-being. 96 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. 97 For a facility of over 200 detainees, a minimum of five days
per week is required. 98 Facilities must also have procedures in place to provide emergency
medical care for detainees who require it. 99 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. 100 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. 101
The delegation is concerned with the facility’s access to medical care for
immigration detainees. On the one hand, the medical service provisions in the CCJ Inmate
Handbook appear to comply with some of the requirements set forth under the Standards. The
CCJ Handbook provides for “medical care” for all incarcerated inmates. 102 In order to be seen
by the medical staff, detainees must fill out a request form to the Medical Services Station,
briefly describing their medical problems. A nurse is then required to conduct a “daily sick call
93

b6, b7C
b6, b7C
Interviews of detainees
and
by delegation members
b6
b6
and
94
b6
b6
Notes of delegation members
and
95
b6
b6
Notes of delegation members
and
96
Detention Operation Manual, Health Services, Standard 2, Section I.
97
Detention Operation Manual, Health Services, Standard 2, Section III.F.
98
Detention Operation Manual, Health Services, Standard 2, Section III.F.
99
Detention Operation Manual, Health Services, Standard 2, Sections III.A., D., & G.
100
Detention Operation Manual, Health Services, Standard 2, Section III.H.
101
Detention Operation Manual, Health Services, Standard 2, Section III.J.
102
CCJ Inmate Handbook, p. 8.

17

b6

and make referrals to the doctor as needed.” 103 While CCJ normally charges inmates for medical
services, the delegation was told that immigration detainees are not actually charged for such
services. 104 The Handbook provides a reasonable fee schedule for medical, dental, and
laboratory services, and states that medical services will be deducted from the inmate’s account.
Whether or not detainees are charged for such services, the Handbook states that “no one will be
denied medically necessary services because they do not have money in their account.” 105
On the other hand, although the CCJ Inmate Handbook provides for medical services
consistent with those required under the Standards, serious concerns were raised regarding the
actual services provided. Of particular concern to the delegation were the detainee reports
detailing the use of solitary confinement for detainees who seek medical treatment. The
detainees we interviewed reported that inmates who have medical problems or seek treatment are
frequently placed in isolation cells and monitored by officers rather than medical staff. For
b6, b7C
example, detainee
complained that after he had a seizure, he was put into an isolation
Mr. b6, b7C said that he was told he needed to be chained to the bed
cell and chained to the bed.
107
b6, b7C
“for his own safety.”
Another detainee,
complained that he was placed
and held in solitary confinement for 45 days because he sought treatment. 108 Since solitary
confinement is a disciplinary measure imposed by the disciplinary committee “after a hearing in
which the detainee has been found to have committed a prohibited act,” it is inappropriate in
response to a request for medical treatment. 109
Also of concern to the delegation were the reports regarding delays in receiving
b6, b7C
medical assistance and examination results. According to detainee
a
110
b6,
b7C
request for a doctor visit can take up to a week to be answered.
Detainee
reported that requests for cold, headache and other pain medicine can take about 4 or 5 days for a
response. 111 By then, symptoms may have subsided, making the medicine or doctor visit
b6, b7C
unnecessary. Detainee
complained that the medical staff do not provide diagnoses
or explain test results.
According to Mr. b6, b7C he was taken to a hospital and had x-rays
taken after he suffered a seizure, but he was never informed of the test results or of the cause of
his seizure. 113
103

CCJ Inmate Handbook, p. 8.
However, it is unclear whether detainees themselves are informed that medical services
are free of charge for them. If not, they may be effectively dissuaded from seeking such
services.
105
CCJ Inmate Handbook, p. 8.
106
Notes of delegation members
and
b6
b6
107
Notes of delegation members
and
108
b6
b6
Notes of delegation members
and
109
Detention Operation Manual, Security and Control, Standard 12, Section III.A.
110
Notes of delegation members
and
b6
b6
111
Notes of delegation members
and
112
Notes of delegation members
and
b6
b6
113
Notes of delegation members
and
104

18

There were also reports that suggested a discrepancy in the distribution of medicine.
Detainees with chronic medical conditions reported that they received their medication on a
b6, b7C
timely basis, without fail. For example, detainee
who receives insulin shots for
b6,
b7C
his diabetes, and detainee
who receives prescribed heart medication, reported
no problems with the distribution of their medicine. 114 They reported, however, that requests
for medicine from detainees with temporary conditions are sometimes delayed or denied without
reason.
Concerns were also raised regarding the diet restrictions of certain detainees.
b6, b7C
Detainee
reported that the medical doctor had put him on a special “healthy-heart”
b6, b7C
diet, but he still received the regular diet tray. 115 According to Mr.
, he sent a
request to the kitchen supervisor, but no response was ever given. Another detainee, b6, b7C
b6, b7C
complained that he was diabetic 116 and supposed to be on a special diet, but he also
received the regular diet tray despite numerous requests. 117

D.

Dental Treatment.

The Detention Standards require an initial dental screening exam within 14 days of the
detainee’s arrival and that the facility provide a number of services, including emergency dental
treatment and repair of prosthetic appliances. 118 For detainees who are held in detention for over
six months, routine dental treatment may be provided, including “amalgam and composite
restorations, prophylaxis, root canals, extractions, x-rays, the repair and adjustment of prosthetic
appliances and other procedures required to maintain the detainee’s health.” 119
If detainee allegations are true, the CCJ facility would be in conflict with this section
of the Standards. The CCJ Handbook provides for only “[d]ental care which is medically
necessary.” 120 According to many of the detainees we interviewed, the only dental service
provided to detainees is tooth extraction. 121 Detainees reported that this is the case even for
detainees who have been detained for longer than six months. 122

114

and

Notes of delegation members

b6

b6

b6

b6

b6
b6
Notes of delegation members
and
Diabetes is a chronic condition for which healthcare providers must make
recommendations regarding therapeutic diets. See, generally, ICE Health Policy and Procedure
Manual, Ch. 8.6.1, 8.6.2, 8.20, 8.21.1.
117
b6
Notes of delegation members
and
b6
118
Detention Operation Manual, Health Services, Standard 2, Section III.E.
119
Detention Operation Manual, Health Services, Standard 2, Section III.E.
120
CCJ Inmate Handbook, p. 8.
121
Notes of delegation members
and
b6
b6
122
Notes of delegation members
and

116

19

E.

Detainee Classification.

The Detention Standards require that detention facilities use a classification system and
physically separate detainees in different categories. 123 IGSA facilities, such as CCJ, “may
continue using the systems established locally, if the classification criteria are objective and all
procedures meet [ICE] requirements.” 124 A detainee’s classification is to be made on
“objective” information, including criminal offenses, escape attempts, institutional disciplinary
history, violent incidents, etc. 125 Opinions, unconfirmed and unverified information, and physical
characteristics and appearance are not to be taken into account. 126 Classification is required in
order to separate detainees with no or small criminal records from inmates with serious criminal
records. 127 According to the Detention Standards:
By grouping detainees with comparable records together, and isolating those at
one classification level from all others, the system reduces noncriminal and
nonviolent detainees’ exposure to physical and psychological danger.
***
When it becomes necessary to house detainees of different classification levels
the following guidelines shall be followed:
1.
2.
3.

Level three detainees will not be housed with level one detainees.
Levels one and two may be mixed, and high level twos and level
threes may be mixed, when a facility is at or above full capacity.
Under no circumstance will a level two detainee with a history of
assaultive or combative behavior be placed in a level one housing
unit. 128

Additionally, all facility classification systems shall allow classification levels to be
redetermined and include procedures by which new arrivals can appeal their classification
levels. 129 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. 130
If detainee reports are true, the CCJ facility would have failed to implement this
section of the Standards. At the initial meeting with CCJ personnel, the delegation was told that
all of the immigration detainees at the facility had criminal records. 131 After a number of
123

Detention Operations Manual, Detainee Services, Standard 3, Section I.
Detention Operations Manual, Detainee Services, Standard 3, Sections I & III.A.
125
Detention Operations Manual, Detainee Services, Standard 3, Section III.D.
126
Detention Operations Manual, Detainee Services, Standard 3, Section III.D.
127
Detention Operations Manual, Detainee Services, Standard 3, Sections III.A & III.E.
128
Detention Operations Manual, Detainee Services, Standard 3, Section III.E.
129
Detention Operations Manual, Detainee Services, Standard 3, Sections III.G. & H.
130
Detention Operations Manual, Detainee Services, Standard 3, Section III.I.
131
b6
b6
b6
Notes of delegation members
b6
and
.
124

20

inconsistencies were brought to the staff’s attention, however, records were searched and Major
b6, b7C
conceded that CCJ did, in fact, house immigration detainees without criminal records.132
CCJ personnel stated that all inmates are nevertheless segregated by the level of their crimes.
But the detainees we interviewed reported that all immigration detainees are classified as
medium risk (level 2), including those detainees without criminal records or violent history. 133
Under CCJ policy, although the jail does segregate low risk (level 1) and high risk (level 3)
inmates from each other, medium risk inmates may be housed with either low risk or high risk
inmates. Thus, if all immigration detainees are classified as medium risk, there is nothing to
prevent detainees without criminal convictions from being housed with high risk, violent inmates.
Such action would be in direct conflict with the requirement that detainees with Level 1
classifications be segregated from detainees with Level 3 classifications. 134
Furthermore, CCJ fails to adequately explain the classification system in the CCJ
Inmate Handbook. The Handbook provides for a classification system and states that as an
inmate’s custody status changes during confinement, inmates “may be reclassified and moved to
another cellblock.” 135 The Handbook, however, does not explain the classification levels, with
the conditions and restrictions applicable to each, nor does it explain the procedures by which a
detainee may appeal his classification.

F.

Voluntary Work Programs.

The Detention Standards require all facilities with work programs to “provide detainees
the opportunity to work and earn money.” 136 Detainees who are physically and mentally able to
work must be provided the opportunity to participate in any voluntary work program. 137 As for
those detainees who are physically or mentally challenged, the Standards require facilities to
allow those with less severe disabilities to have the opportunity to undertake “appropriate work
projects.” 138 Facilities cannot deny “work opportunities based on non-merit factors, such as
social group, race, religion, sex, physical or mental handicaps, or national origin.” 139 The
Standards also state that detainees must receive monetary compensation for work completed in
accordance with the facility’s standard policy. 140
The CCJ facility has not implemented this section of the Standards. CCJ officials do
b6, b7C
not allow immigration detainees to work or serve as trustees at CCJ. Major
told
132

and

b6
b6
Notes of delegation members
b6
.
133
All of the detainees interviewed by the delegation had medium classifications.
134
Detention Operations Manual, Detainee Services, Standard 3, Section III.E.
135
CCJ Inmate Handbook, p. 4.
136
Detention Operations Manual, Detainee Services, Standard 17, Section I.
137
Detention Operations Manual, Detainee Services, Standard 17, Section III.A.
138
Detention Operations Manual, Detainee Services, Standard 17, Section III.G.
139
Detention Operations Manual, Detainee Services, Standard 17, Section III.F.
140
Detention Operations Manual, Detainee Services, Standard 17, Section III.K.

21

b6

delegation members that detainees cannot work or serve as trustees because of jail policy.
According to Major b6, b7C there would be some kind of insurance issue with immigration
detainees serving as trustees. It should be noted that the CCJ Inmate Handbook also states that
“[p]retrial and unsentenced inmates are not allowed to work except for personal
housekeeping.” 141

G.

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. 142 Translating assistance
for both formal and informal grievances must be provided upon request. 143 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.” 144 All grievances must receive supervisory review, include guarantees
against reprisal, and allow for appeals. 145 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). 146
The delegation is concerned with the facility’s implementation of this section of the
Standards. On the one hand, the CCJ Inmate Handbook provides for an inmate grievance
procedure. 147 Inmates shall first try to resolve the problem with the individual(s) involved. If
the response is not satisfactory, the inmate shall then try to resolve the problem with the Sergeant
or Officer-in-Charge. If that response is not satisfactory, the inmate shall then ask for and fill out
an Inmate Grievance Form. Per the CCJ Handbook, a “grievance, properly filed, shall be acted
upon within ten (10) working days.” 148 Depending on the urgency of the situation, the Jail
Administrator shall either personally interview the inmate or submit a written response to the
inmate. 149 If the response of the Jail Administrator is not satisfactory, the inmate may make an
appeal. 150
On the other hand, despite the policy detailed in the Handbook regarding “Inmate
Grievance Forms,” CCJ personnel informed the delegation that no official grievance forms are
141

CCJ Inmate Handbook, p. 27.
Detention Operations Manual, Detainee Services, Standard 8, Sections I. & III.A.
143
Detention Operations Manual, Detainee Services, Standard 8, Sections III.A.1. & 2.
144
Detention Operations Manual, Detainee Services, Standard 8, Section I.
145
Detention Operations Manual, Detainee Services, Standard 8, Sections I. & III.C.
146
Detention Operations Manual, Detainee Services, Standard 8, Section III.G.
147
CCJ Inmate Handbook, pp. 31-32.
148
CCJ Inmate Handbook, p. 32.
149
CCJ Inmate Handbook, p. 32.
150
CCJ Inmate Handbook, p. 32.
142

22

used at the facility. Instead, inmates are told to write down grievances on request forms, which
are used for everything from requesting medical treatment to requesting time at the law library.
b6, b7C
b6, b7C
A number of the detainees we interviewed, including
and
b6, b7C
According
, reported that these request forms frequently go unanswered.
to the detainees, when they later ask about the request forms they submitted, they are sometimes
told that their request forms cannot be found. Additionally, according to some detainees, when
requests are denied, no reason or explanation is provided for the denial; the only response
provided is the phrase “request denied.” 152 The detainees also report that request denials cannot
be appealed. The only recourse is to write another request and wait for an answer on the new
request.
Moreover, it does not appear that translating assistance is available for either formal or
informal grievances. Nor was there any indication that CCJ personnel convene a grievance
committee to review formal complaints. Finally, although the CCJ Inmate Handbook provides
for a grievance procedure, the Handbook does not provide the procedures for appealing decisions
to ICE or the opportunity to file a complaint about officer misconduct directly with the Justice
Department.

H.

Religious Services.

The Detention Standards require that detainees of different religious beliefs be provided
with reasonable and equitable opportunities to participate in the practices of their respective
faiths. 153 According to the Standards, these “opportunities will exist for all equally, regardless
of the number of practitioners of a given religion, whether the religion is ‘mainstream,’ whether
the religion is ‘Western’ or ‘Eastern,’ or other such factors. Opportunities will be constrained
only by concerns about safety, security, the orderly operation of the facility, or extraordinary
costs associated with a specific practice.” 154 Moreover, a facility’s staff shall make “all
reasonable efforts to accommodate” special food services required by a detainee’s particular
religion. 155 Detainees in confinement must also be permitted to participate in religious practices,
consistent with the safety, security, and orderly operation of the facility. 156
CCJ may not have fully implemented this section of the Standards. CCJ clearly
offers Christian-based services, with ordained clergy, in English and Spanish. CCJ also sets
aside time on Fridays for persons of the Islamic faith to worship, although no clergy is provided.
However, no time or service is provided for persons of other religious faiths. If persons
of other faiths (e.g., persons from China, Vietnam, and Thailand are frequently of the Buddhist
151

and

Notes of delegation members

b6

b6

b6

b6

b6

b6

b6

152

and

Notes of delegation members
b6

153

Detention Operations Manual, Detainee Services, Standard 14, Section I.
Detention Operations Manual, Detainee Services, Standard 14, Section I.
155
Detention Operations Manual, Detainee Services, Standard 14, Section III.M.
156
Detention Operations Manual, Detainee Services, Standard 14, Section III.O.
154

23

faith) are seeking religious opportunities of their own, they appear to be denied the opportunity
to practice their faith since only Christian and Islamic services are offered. The delegation has
no knowledge regarding whether persons of other religions are detained at CCJ or whether they
desire an opportunity to practice their faith.

I.

Use of Force.

The Detention Standards provide that use of force is authorized only after all reasonable
efforts to resolve a situation have failed. 157 Officers shall use as little force as necessary to gain
control of the detainee; to protect and ensure the safety of detainees, staff, and others; to prevent
serious property damage; and to ensure the security and orderly operation of the facility.158
Physical restraints can be used to gain control of an apparently dangerous detainee only under
specified conditions. 159 The Standards require that “all incidents of use of force be documented
and forwarded to [ICE] for review” and that all calculated uses of force be videotaped and made
available to ICE. 160 In addition, the Standards provide that under no circumstances shall force
be used to punish a detainee. 161
Four detainees reported incidents of physical mistreatment by CCJ officers against
b6, b7C
immigration detainees. Detainee
reported that he had been “assaulted” by a
b6,
b7C
CCJ officer (“Sergeant
) and thereafter placed in isolation for 35 days. 162 According to
Mr. b6, b7C
Federal Bureau of Investigation Officers had later visited the CCJ facility to
b6, b7C
b6, b7C
investigate the incident. Detainees
and
reported that guards
had mistreated them and held them in isolation for days for complaining about jail conditions. 163
b6, b7C
And detainee
described a specific incident in which he was confined, strapped
b6, b7C
the day after he
to a chair, and pepper sprayed by CCJ guards.164 According to Mr.
submitted letters to attorneys regarding facility conditions, a CCJ guard came to see him about
the letter. The guard had apparently opened the letter and read his accusations. The guard pulled
b6, b7C
Mr.
out of his cell and put him in solitary confinement. The guard explained that he
belonged in confinement as a matter of CCJ policy (detainees must be segregated when a
b6, b7C
potential lawsuit is threatened). According to Mr.
, for the first three hours of his
confinement, he was strapped to a chair as punishment. While he was strapped to the chair and
held immobile, he was sprayed with pepper spray because he continued to demand his rights.
b6, b7C
Mr.
noted that some of his skin, that which came in contact with the pepper spray,
peeled off days later.
157

Detention Operations Manual, Security and Control, Standard 15, Section I.
Detention Operations Manual, Security and Control, Standard 15, Section I.
159
Detention Operations Manual, Security and Control, Standard 15, Section I.
160
Detention Operations Manual, Security and Control, Standard 15, Section III.A.2.
161
Detention Operations Manual, Security and Control, Standard 15, Section III.B.
162
b6
b6
Notes of delegation members
and
163
b6
b6
Notes of delegation members
b6
158

and

b6

164

Notes of delegation members

and

b6

24

b6

b6, b7C
Another detainee,
described verbal harassment by CCJ guards. 165 Mr.
who is of Middle Eastern origin, reported that guards refer to him as “bin Laden.”

b6, b7C

The delegation is also concerned with the frequent use of handcuff and shackle
restraints at CCJ. At CCJ, immigration detainees are handcuffed and shackled every time they
are moved from their pod to the recreation area, to the law library, and to the visitation room.
They are also handcuffed and shackled during their visits with family and friends, even though
they are in a secured area. The Standards, however, appear to contemplate the use of restraints
on detainees only when necessary “to prevent the detainee from harming self or others, or from
causing serious property damage.” 166 Moreover, the rules governing the application of restraints
state that “[h]ard restraints (e.g., steel handcuffs and leg irons) will be used only after soft
restraints prove (or have previously proven) ineffective with [a particular] detainee.” 167
Detainees reported that they are treated worse than other inmates at the facility because,
unlike the other inmates, most detainees do not have family members in the vicinity. According
to the detainees, CCJ personnel can thus abuse them with impunity. CCJ personnel reported that
problems did exist between detainees and CCJ staff, although they denied any mistreatment of
detainees. The delegation is aware of at least one incident where a CCJ “corrections officer was
arrested on a battery charge after investigators said he hit a handcuffed federal immigration
detainee.” 168 According to the Florida Times Union, the officer was “accused of striking the
detainee in retaliation for an assault on a corrections deputy under the sergeant's supervision.” 169
CCJ officials attributed the problems with detainees to the fact that detainees think they
are deserving of better treatment than the other inmates. By way of explanation, CCJ officials
informed the delegation that, in the past, immigration detainees were segregated from the regular
inmate population and received clothing, personal hygiene supplies, and other materials directly
from ICE. The officials explained that this disparity in treatment between the detainees and the
other inmates led to tension and discord between the two groups. Thus, CCJ officials decided to
disperse detainees into the general inmate population and treat the detainees the same as other
inmates. According to CCJ officials, this equal treatment has led to positive results in relations
between the detainees and the other inmates and between detainees and CCJ personnel.
While this may or may not be the case, the Standards do not allow for a facility to
dismiss the Standards’ requirements in order to accomplish the equal treatment of all persons
detained at the facility. The purpose of the Detention Standards is to provide minimum policies
and procedures for the treatment of immigration detainees. If such policies and procedures can

165
166

b6
b6
Notes of delegation members
and
Detention Operations Manual, Security and Control, Standard 15, Sections I., III.A.4. &

III.B.
167

Detention Operations Manual, Security and Control, Standard 15, Section III.B.
Florida Times-Union, Freedom Ride Backs Immigrants, Sept. 29, 2003 (available at
http://www.jacksonville.com/tu-online/stories/092903/met_13651007.shtml) (last visited on Dec.
5, 2003).
169
Florida Times-Union, Freedom Ride Backs Immigrants, Sept. 29, 2003.
168

25

be set aside in order to treat detainees equally with criminal inmates, the Standards would be of
little significance.

J.

Clothing and Personal Hygiene Products.

The Detention Standards require facilities to have a policy and procedure for the regular
issuance and exchange of clothing, bedding, linens, and towels. 170 According to the Standards,
“[a]ll new detainees shall be issued clean, temperature-appropriate, presentable clothing during
in-processing.” 171 New detainees shall also be issued “clean bedding, linens and towel.” 172 As
for “exchange requirements,” the Standards state:
Detainees shall be provided with clean clothing, linen and towels on a regular
basis to ensure proper hygiene. Socks and undergarments will be exchanged
daily, outer garments at least twice weekly and sheets, towels, and pillowcases at
least weekly. 173
The Standards further add that “[i]ndividual facilities may institute their own clothing, linen, and
towel exchange policy and procedures, provided the standards in this policy are met.” 174
CCJ has implemented some parts of this section of the Standards, but not others.
The CCJ Inmate Handbook provides that detainees may launder their uniforms once a week. 175
Although the once-a-week policy does not exactly meet the requirement that outer garments be
laundered “at least twice weekly,” detainees are provided with two uniforms every week, which
appears to fulfill the general purpose behind the policy. 176 The CCJ Handbook also provides for
the exchange of linen “once a week.” 177
However, although facilities are required to exchange undergarments daily, CCJ
detainees are not provided any undergarments at all. Apparently, immigration officials used to
provide detainees with underclothing once a month, but such is no longer the case. Detainees
complained that they are forced to either go without undergarments or buy undergarments—if
they have the money to do so—at the jail commissary, which they believe charges higher than
market prices.
Detainees also complained that they do not receive sufficient hygienic products from the
jail. As with underclothing, detainees previously received personal hygiene supplies from ICE,
including full bars of soap, deodorant, toothbrushes, and toothpaste. CCJ officials stated,
however, that they requested ICE to stop providing such supplies. According to CCJ officials,
170

Detention Operations Manual, Detainee Services, Standard 10, Section III.A.
Detention Operations Manual, Detainee Services, Standard 10, Section III.B.
172
Detention Operations Manual, Detainee Services, Standard 10, Section III.C.
173
Detention Operations Manual, Detainee Services, Standard 10, Section III.E.
174
Detention Operations Manual, Detainee Services, Standard 10, Section III.E.
175
CCJ Inmate Handbook, p. 15.
176
CCJ Inmate Handbook, p. 15.
177
CCJ Inmate Handbook, p. 15.
171

26

the fact that immigration detainees received more than the rest of the inmate population led to
conflict among the inmates. Detainees complained that the personal hygiene products they
receive weekly from the jail are insufficient to last for a week. Again, the detainees state that
they can purchase additional products from the commissary, but they believe the commissary’s
prices are unfairly inflated.

K.

Educational Opportunities.

The Detention Standards do not appear to include any language regarding educational
opportunities for detainees. The CCJ facility provides GED and basic education classes. 178 A
number of the detainees have taken advantage of such classes. The detainees we interviewed
appreciated the opportunity to take such classes, but some complained that the classes are offered
in no language other than English, and that the facility offers no anger management or other selfhelp classes. The CCJ Inmate Handbook also provides for Alcoholics Anonymous and Narcotics
Anonymous classes for those inmates that request to attend the programs.

L.

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.” 179 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. 180 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. 181 The Standards also require that detainees
“have the opportunity to submit written questions, requests, or concerns to ICE staff.” 182 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.” 183 Moreover, the Standards require that detainee requests be forwarded to the
appropriate ICE office within 72 hours and “answered as soon as possible or practicable, but not
later than 72 hours from receiving the request.” 184
ICE has not implemented this section of the Standards at CCJ. Although ICE
Officer-in-Charge b6, b7C was present at the facility on the day of the delegation’s visit, OIC b6, b7C
made it clear that there is no weekly ICE presence at the facility. OIC b6, b7C ndicated that ICE
officials make it out to the site about once or twice a year, although he also indicated that he
would like to improve those numbers. Furthermore, at the time of the delegation’s visit there
178

CCJ Inmate Handbook, p. 27.
Detention Operations Manual, Staff-Detainee Communication, Section I.
180
Detention Operations Manual, Staff-Detainee Communication, Section III.A.
181
Detention Operations Manual, Staff-Detainee Communication, Section III.A.
182
Detention Operations Manual, Staff-Detainee Communication, Section III.B.
183
Detention Operations Manual, Staff-Detainee Communication, Section III.B.
184
Detention Operations Manual, Staff-Detainee Communication, Section III.B.1.
179

27

were no written procedures in place for detainees to submit grievances directly to ICE personnel.
Nor were there any procedures in place to assist detainees who are disabled, illiterate, or unable
to communicate in English.
CCJ detainees reported feeling isolated because of the lack of ICE contact. They
reported that most detainees constantly wonder whether they have been lost in the system, and
they are unable to ask anyone about the status of their cases or their detention.

V.

RECOMMENDATIONS.

The Clay County Jail facility fails to implement a number of sections of the ICE
Detention Standards. The delegation recommends the following proposals so that the facility
may fulfill its obligations under the Standards:
Visitation
• CCJ should inform detainees of their right to visit with their children within
the first 30 days of detention and once a month thereafter; CCJ should also
allow detainees to visit with their children, either at the facility or at another
location;
• CCJ should inform detainees of the ability to make special arrangements when
CCJ’s visitation rules pose a hardship for family members;
• detainees should not be handcuffed or shackled during visitation;
• detainees should be able to split their two hours of visitation time between
different individuals, or they should be able to visit with more than one
individual at the same time;
• detainees should be allowed to receive visits from persons not on their visitors
list, or they should be allowed to keep more than four names on the list.
Telephone Access
• CCJ should not limit legal phone calls unless necessary; in any event, CCJ
should not cut off legal phone calls before 20 minutes have expired;
• CCJ should install privacy panels or otherwise place telephones so that
detainees can make legal phone calls without being overheard by others;
• CCJ should not record or monitor, in any matter whatsoever, legal phone calls
(absent a court order); if regular phone calls are monitored, CCJ should
provide detainees with the procedure for obtaining an unmonitored call for
legal purposes;
• any difficulties in reaching consulates should be resolved;
• postings near the inmate telephones should provide a list of free preprogrammed numbers to all consulates, as well as relevant courts,
immigration offices, and all free legal service providers on the ICE-approved
list;
• CCJ should take and deliver non-emergency phone messages to detainees;

28

•

instructions regarding usage of the phone system need to be in different
languages, reflecting the needs of the multinational immigrant jail population.

Access to Legal Materials
• CCJ should not restrict represented detainees from accessing the law library;
• CCJ’s law library should provide access to all of the legal materials listed in
the Detention Standards; CCJ should also replace all damaged, destroyed, and
stolen materials;
• CCJ should assign an employee to organize, update, and request legal
materials;
• CCJ should provide detainees sufficient access to computers or functioning
typewriters;
• CCJ personnel should not read any legal mail sent to or from detainees;
• CCJ should provide detainees with sufficient paper, envelopes, and stamps to
meet their legal needs;
• CCJ should provide detainees with access to notary public services, certified
mail, and other such services needed to pursue legal matters;
• CCJ should show detainees the “Know Your Rights” video created by the
Florence Project and distributed by ICE.
Site-Specific Detainee Handbook
• CCJ should provide detainees with a handbook that correctly describes the
policies, rules, services, programs, and rights applicable to immigration
detainees through the Detention Standards; the handbook should not
contradict the Standards or otherwise mislead detainees as to their rights;
• the handbook should be translated into Spanish, and other prevalent languages
among the facilities detainees.
Recreation
• CCJ should provide detainees with outdoor recreation and access to natural
sunlight;
• CCJ should provide detainees with access to exercise or recreational
equipment;
• when recreation is cancelled due to inclement weather, CCJ should provide
alternative recreation to the detainees;
• detainees should be allowed to use the restroom during recreation;
• detainees should be provided with drinking water during outside recreation;
• CCJ should allow detainees to play games in their pods and watch television;
• detainees should be allowed to play games with one another during recreation.
Medical Treatment
• CCJ should not use solitary confinement for detainees who seek medical
treatment;

29

•
•
•
•

CCJ medical staff should inform detainees as to the results of their medical
tests/exams.
CCJ 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;
CCJ personnel should provide appropriate diet trays to detainees with special
diet restrictions.

Dental Treatment
• CCJ should provide detainees with a dental screening exam within 14 days of
the detainee’s arrival at the facility;
• CCJ should provide detainees emergency dental treatment and repair of
prosthetic appliances;
• CCJ should provide routine dental treatment to detainees who are held in
detention for over six months, including amalgam and composite restorations,
prophylaxis, root canals, extractions, x-rays, the repair and adjustment of
prosthetic appliances and other procedures required to maintain the detainee’s
health.
Detainee Classification
• CCJ should adopt a classification system that appropriately classifies and
segregates detainees of varying dangerousness; CCJ must separate detainees
with no or small criminal records from inmates with serious criminal records;
• CCJ should allow for the redetermination of classification levels;
• CCJ should allow new arrivals to appeal their classification levels;
• CCJ’s Inmate Handbook should 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;
• CCJ should assign different color uniforms and wristbands to detainees with
different classification levels;
• CCJ could accomplish many of these recommendations by separating
detainees from other inmates.
Voluntary Work Programs
• Detainees who are physically and mentally able to work should be provided
the opportunity to participate in any voluntary work;
• detainees with disabilities that do not prevent them from working should be
allowed to undertake appropriate work projects.
• CCJ should provide detainees monetary compensation for work completed in
accordance with the facility’s standard policy.

30

Detainee Grievance Procedures
• CCJ should develop and implement standard procedures for handling detainee
grievances, allowing for both a formal and informal grievance process;
• CCJ should provide translating assistance for both formal and informal
grievances;
• CCJ should process, investigate, and respond to grievances in a timely
manner;
• CCJ should convene a grievance committee to review formal complaints in a
timely manner;
• CCJ should provide written responses to detainees who file formal grievances,
including the basis for the decision;
• all grievances should receive supervisory review and allow for appeals;
• the CCJ Inmate Handbook should 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).
Religious Services
• Detainees of religious beliefs other than Christianity and Islam should be
allowed to practice their respective faiths;
• CCJ personnel should make “all reasonable efforts to accommodate” special
food services required by a detainee’s particular religion.
Use of Force
• CCJ should not use force in order to punish a detainee;
• CCJ personnel should not use pepper spray on a detainee unless it is necessary
to prevent the detainee from hurting herself or others, or to prevent the
detainee from causing substantial property damage;
• CCJ personnel should not verbally harass detainees;
• CCJ should document all “use of force” incidents and forward the
documentation to ICE;
• CCJ should videotape all calculated uses of force against detainees and
forward the footage to ICE;
• CCJ should not use handcuffs or shackles on detainees unless necessary to
prevent the detainee from harming self or others, or from causing serious
property damage.
Clothing and Personal Hygiene Products
• CCJ should provide undergarments to detainees and it should exchange these
garments daily;
• CCJ should resume the distribution of ICE-supplied personal hygiene
supplies.

31

Educational Opportunities
• CCJ should offer classes to inmates in other languages beside English.
• CCJ should offer anger-management and other self-help classes.
ICE Presence at the Facility
• ICE should conduct weekly visits of the CCJ facility by ICE personnel;
• ICE should conduct regular unannounced visits by the OIC and Assistant
OIC;
• during such visits, ICE personnel should monitor housing conditions,
interview detainees, review records, and answer detainee questions;
• CCJ should allow detainees the opportunity to submit written questions,
requests, or concerns to ICE staff;
• CCJ should create written procedures to route detainee requests to appropriate
ICE officials, and CCJ must assist detainees who are disabled, illiterate, or
know little or no English with this process;
• such requests should be forwarded to the appropriate ICE office within 72
hours and answered not later than 72 hours from receipt of the request.
Access to Legal Representation
In addition to the above concerns and recommendations, the delegation would
also like to address the inability of many CCJ detainees to access and acquire legal
representation. The delegation remains concerned that while CCJ provides the ability to
call and meet with attorneys, many detainees at the CCJ facility are unable to identify
attorneys who can assist them in the first place. The delegation recommends that ICE
improve the ability for CCJ detainees to identify and contact legal service providers and
translation services.
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