MEMORANDUM
To:

, Deputy Executive Associate Commissioner Office of
Detention and Removal

From:

American Bar Association Delegation to Dallas County Detention Facility 1

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

Re:

INS Compliance with Detention Standards at the Dallas County Detention
Facility
______________________________________________________________________________
This memorandum summarizes and evaluates information gathered at the Dallas County
Jail System Facility (the “Facility”) located at 133 N. Industrial Boulevard, Dallas, Texas,
through interviews of detainees, observation by delegation members, and interviews with INS
and Facility personnel on March 7 and 8, 2002. The majority of information contained in this
(b)(6), (b)(7)c
report was obtained from interviews of detainees, interviews of Captain
of
(b)(6), (b)(7)c
the Dallas County Sheriff Department and INS SDDO
”), and the
delegation’s tour of the Facility on March 7 and 8, 2002 (the
The delegation was particularly concerned with findings and detainee reports of:
• Inadequate legal access including, charges for phone calls to counsel and
Consulates, a significantly incomplete legal library, lack of access to a photocopier
and an unconscionable process of reading legal mail to determine whether in fact it
is legal mail (Section IV);
• No group rights presentations (Section V);
• No outdoor recreation (Section VI);
• Inadequate medical access (Section VIII);
• The Facility’s inability and/or unwillingness to accommodate religious diets
(Section IX); and
• A general feeling among the detainees that they were abandoned in the Facility
with little or no contact with the INS and in several cases little or no understanding
of the status of their cases (Section X (G)).
INS DETENTION STANDARDS
In November 2000, the Immigration and Naturalization Service in its Detention
Operations Manual promulgated the “INS Detention Standards” (the “Standards”) to insure the
“safe, secure and humane treatment of individuals detained by the INS.” The 36 Standards cover
1

(b)(6)
The delegation was comprised of
all attorneys with Hughes & Luce, LLP, Dallas, Texas.
(b)(6)

2

Because virtually all of the information in this Report is from a source and is not generally known, the Report
contains several footnotes detailing the source of the information. However, for ease of reference and
efficiency throughout the Report, if all of the information in any one paragraph was obtained from the same
source, only the first sentence of the paragraph will contain a citation to that source, and the reader can assume
that the balance of the information in that paragraph (unless generally known) was provided by that source.

1
956001.06668:671054.01

a broad spectrum of issues ranging from visitation policies to grievance procedures and food
service. These Standards apply to INS Service Processing Centers, Contract Detention Facilities
and state and local government facilities used by the INS through Intergovernmental Service
Agreements. The Detention Operations Manual provided that by January 1, 2001, all INS
Service Processing Centers needed to be in compliance with the Standards. For Contract
Detention Facilities and other facilities utilized by the INS through Intergovernmental Service
Agreement, the INS proposed to “phase in” the Standards over a two-year period, such that all
facilities would be in compliance with the Standards by December 31, 2002. The Standards
constitute a “floor,” not a “ceiling”; in other words, the Standards are meant to establish the
minimal requirements that the INS must adhere to in its facilities for detainees. Each District
Office or Officer in Charge (“OIC”) may, in his or her discretion, promulgate polices and
practices affording INS detainees greater rights and protections than the Standards provide.
The Facility is a local government facility utilized by the INS through an
Intergovernmental Service Agreement with Dallas County. The detainee population at the
Facility is typically in the 200-detainee range, but varies drastically, with as few as 73 and as
many as 473 detainees over the course of the last year. The maximum capacity for the Facility,
which includes both inmates and detainees, is approximately 6,000.
This memorandum discusses INS compliance with the Standards at the Facility. The
memorandum focuses on select portions of the Standards where INS compliance is of particular
importance for the achievement of their stated goals. In particular, this memo focuses on INS
facility compliance with the Standards: Legal Access; Telephone Access; Legal Materials;
Group Rights Presentations; Recreation Issues; Classes; Medical Issues; and Religious Issues.
I.

GENERAL INFORMATION

The Standards require that each facility “develop a site-specific detainee handbook to
serve as an overview of and guide to the detention policies, rules, and procedures in effect at the
facility. The handbook also will describe the “services, programs, and opportunities available
through various sources including the facility.” The handbook is supposed to constitute a
comprehensive guide to life in the facility and include, at a minimum, the information specified
in Section III, A through J of the Standards. The purpose of the handbook requirement is to give
detainees notice of all applicable rules, policies, and privileges at any given facility.
Based on our research conducted from our inspection of the Facility, it appears that
inmate handbooks prepared by the Dallas County Jail System are being provided to all detainees.
(b)(6), (b)(7)c
According to our interviews with
and the detainees, the Facility issues
3
handbooks (the “Handbook”) to incoming detainees as a matter of course. The Handbook is
given to detainees and criminal inmates; thus, the Handbook is not specifically addressed to INS
detainees. Additionally, Spanish-language Handbooks 4 are provided and readily available at the
3

Attached hereto as Appendix “A” (revised February 2002).

4

Attached hereto as Appendix “B” (revised February 2002). The country of origin represented most in the
facility was Mexico, and a large percentage of the Mexican detainees speak only Spanish or very little English.
Interview of (b)(6), (b)(7)c. on March 7, 2002 ( (b)(6), (b)(7)c Interview”); Interview of (b)(6), (b)(7)c on March 7, 2002
(“(b)(6), (b)(7)cInterview”).

2
956001.06668:671054.01

Facility (our group was provided a copy in less than a minute after asking for one). The
Handbook is not provided in any languages other than English or Spanish.
The population count on the date of our inspection was 88 detainees, all males. 5 The
country of origin most represented in the Facility was, overwhelmingly, Mexico. With respect to
the percentage of criminal aliens/non-criminal aliens/non-immigration cases, the Facility was not
able to complete this task for us in the time allotted because of the daily change in population
and the type of manpower necessary for completion of a task like this.
II.

LEGAL ACCESS/VISITATION

Overall, the Facility complies with the Standards for visitation for detainees with some
persistent problems in procedure. The range of permissible visitors includes Consular officials,
attorneys, legal representatives, friends, family, and the media. Visitation at the Facility varies
by category.
A.

VISITATION BY ATTORNEYS

The Standards provide that facilities should allow detainees to meet privately with their
current or prospective legal representatives, legal assistants and Consular officials.
Attorneys are allowed to visit their clients at the Facility twenty-four hours a day, seven
days a week. 6 With respect to providing information over the phone to an attorney regarding the
status of a detainee, if the attorney is “known” by the Facility personnel (i.e., the attorney
represents several individuals, visits the Facility often, and the Facility has already performed a
background check 7 on the attorney), the Facility generally provides access to that information. If
the attorney is “unknown,” the attorney is asked to contact the local INS docket officer for that
information. Regarding visitation, if an attorney is “known” then the Facility allows access
without presenting a bar card. If an attorney is “unknown,” the Facility typically requires the
attorney to present his or her bar card. However, the Facility will allow an attorney to visit a
client by providing a form of picture identification, and the Facility will check with the Texas
State Bar Association to determine if the attorney is licensed to practice. If a non-Texas attorney
seeks access to a client, the Facility requires a bar card. If a non-Texas attorney cannot produce
a bar card then the Facility will attempt to verify that the person is a member of a bar and in
some cases may refer the attorney to the INS for verification purposes. However, no attorney
may meet with a detainee without submitting a G-28 form. 8

5
6

Interview.
(b)(6), (b)(7)c

Interview.

7

To perform a background check the jail requests the attorney’s name, date of birth, drivers license number, bar
card number and social security number. It is unclear what the jail does with this information to perform the
background check, but the purpose of the background check is to learn whether the attorney has any connection
to the detainee or inmate beyond an attorney client relationship or potential attorney client relationship.

8

Id. While this is the stated policy, in the preliminary stages of this investigation two attorneys from the
delegation team met with several detainees without filling out G-28 forms.

3
956001.06668:671054.01

Other members of a detainee’s legal team, such as legal assistants, law graduates, law
students, and interpreters, are allowed to visit with a detainee, but only if the detainee’s lawyer is
present. 9 Experts are also allowed, but, again, only with the detainee’s attorney present.
Independent medical service providers are allowed to visit under non-emergency conditions after
contacting the medical staff at the Facility, but background checks are required and can
sometimes delay visitation.
During the initial inspection, our delegation observed several attorneys in meeting rooms
with their client(s). 10 The Facility has 18 attorney meeting rooms, all “contact.” An attorney can
choose to meet with a client in a “non-contact” room, also.11 The attorney visitation rooms offer
a fair degree of privacy, have sufficient chairs and tables, and are private and are out of earshot
of Facility staff. Exchanges of documents, etc., are allowed freely (subject to the Facility’s
general rules of permissible items in the Facility), and detainees are allowed to keep legal
documents on their person or in their bunk. 12
The Facility staff does not interrupt legal visitations for any reason, including meals or
routine head counts. 13 Often, however, the visit may be interrupted by staff to inform the
detainee that the detainee will miss a meal. If a detainee misses a meal due to an attorney visit,
the Facility provides a substitute “cold meal” to the detainee in the detainee’s cell,14 although the
detainees interviewed were not aware of this option. 15 All detainees are subject to a pat-down
search after an attorney visit. 16 In addition, detainees are subject to a strip search after an
attorney visit, but only for a “good reason” or “reasonable suspicion” of contraband on the
detainee’s person. 17 One detainee revealed that he was subjected to a strip search after both of
his visits with his attorney. 18 If a detainee does not want to be subject to a strip search, the
detainee may visit counsel in a non-contact room. 19 Similar procedures are in place for visiting
individuals in administrative or disciplinary segregation. 20

9

Id.

10

Tour.

11
12
13
14
15

16
17

Interview.
(b)(6), (b)(7)c

Interview; Tour.
Interview with detainee
Interview.

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

Interview with detainee
with detainee

20

(b)(6), (b)(7)cInterview”); Interview
, on March
(b)(6),
(b)(7)c
on March 7, 2002
Interview”).

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

Interview.

(b)(6)

Id.

18
19

, on March 7, 2002 ((b)(6), (b)(7)c nterview”).

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

terview.
(b)(6), (b)(7)c

Interview.

Id.

4
956001.06668:671054.01

B.

VISITATION BY FAMILY AND FRIENDS AND DETAINEE BANK ACCOUNTS

The Facility’s visitation hours for family and friends are Monday through Friday from
7:00 p.m. to 9:00 p.m., Saturday from 1:00 p.m. to 4:00 p.m., and Sunday from 8:30 a.m. to
11:00 a.m. 21 The hours are clearly marked in the Handbook and the Visitors Handbook, and are
posted in the Facility. 22 The visits can be as long as the posted visitation hours (i.e., two to three
hours, depending on the day of the visit); 23 however, one of the detainees interviewed stated that
personal visits are limited to 30 minutes, 24 while another detainee stated that personal visits are
limited to 15 minutes. 25 Special visitation hours can be arranged directly with the Facility staff,
but are granted only in special circumstances. 26
A detainee is allowed to list five visitors on the detainee’s “inmate visitor authorization
card.”
Only those visitors listed on the authorization card are allowed to visit the detainee.
The detainee may update his inmate visitor authorization card at the beginning of each month.
Virtually any adult may be placed on the authorization card (family, friends, associates, etc.). 28
The only restriction is age — minors may not visit a detainee unless accompanied by an adult
with proper documentation that the adult is the minor’s legal guardian, (although this often is not
enforced). 29 A detainee is allowed only one visitor per week (including two minors per adult
visitor), subject to two exceptions. The first exception is if the detainee lists only one visitor on
his authorization card, that visitor may visit the detainee twice per week. 30 The second exception
is for “special visits,” which are allowed for visitors that live more than 75 miles from the
Facility. 31 A person seeking a “special visit” need not be listed on the detainee’s visitors card
and may visit at any time of day (excluding feeding time). 32 Contact visits are allowed for
visitors listed on the authorization card.
27

Anyone, including visitors, may deposit money into a detainee’s Facility-managed bank
account. 33 The account is then accessible to the detainee through a “money chip” that the
21

Handbook at 4; see also Visitors Handbook, at 1 (revised February 2002), attached hereto as Appendix “C”
(“Visitors Handbook”).

22

Tour.

23
24

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

Interview with detaine

25
26

Interview.
on March 7, 2002

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

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

Interview”).

nterview.
(b)(6), (b)(7)c

Interview.

27

Handbook at 5.

28

However, “special visits” are allowed for persons living more than 75 miles from the Dallas facility. A person
seeking a “special visit” need not be listed on the detainee’s visitors card and may visit at any time of day
(excluding feeding time). Visitors Handbook at 5.

29

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

nterview.

30

Id.

31

Visitors Handbook at 5.

32

Id.

33

Id. at 6-7.

5
956001.06668:671054.01

detainee wears on his wrist. If not restricted, a detainee may use the money in his account to
purchase food, supplies, and other items from the Facility’s commissary. When making
purchases at the commissary, the detainee is given a receipt that lists (1) the account balance
before the purchase and (2) the account balance after the purchase; the receipt does not detail the
purchase amounts.
An interview with a detainee revealed that problems exist with the current money-chip
system. 34 When one detainee who had approximately $140 in his account purchased food and a
beverage for $3.45 from the commissary, the commissary purportedly charged the detainee
$50. 35 When the detainee pointed out the error to the commissary, the commissary recognized
the mistake and agreed to credit the detainee’s account for the next month — but the commissary
explained that “he could do nothing” until the following month. 36 The detainee’s concern was
that if he were released or transferred within the month, he would lose his money.
Another detainee complained that money deposited into the detainee’s account is not
accessible for the payment of court costs and filing fees. 37 For instance, when a person sends
money to a detainee through the mail, the money is deposited in the detainee’s account. In order
to pay for court costs and filing fees, detainees are required to obtain money orders or cashier’s
checks for exact amounts to pay such costs and fees. The procedure for receiving money orders
is outlined in the Handbook. 38
Another detainee claimed that if a money-chip is lost (e.g. falls out of the bracelet) it is
replaced, but all of the money on the chip is lost. According to the detainee, detainees are told
that there is no way of tracking or knowing how much money a detainee had on a chip when the
chip was lost. 39
III.

TELEPHONE ACCESS

The Facility appears to have a sufficient number of phones for detainee use, however, the
fact that detainees are not allowed free phone calls to their legal counsel or to their Consulate is
in violation of the Standards. The Standards provide that facilities shall permit detainees to have
“reasonable and equitable access to telephones.”
While visiting the Facility, the delegation observed that telephones were provided in each
holding area. 40 The Facility provides a minimum of one phone per cell or tank and a maximum
of three phones per area or tank. The delegation did not observe any instructions on how to use
the phones, and we did not observe any privacy panels placed around the phones to ensure
34

Interview.

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

35

Id.

36

Id.

37

Interview.

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

38

Handbook at 6 and 8.

39

Letter from

40

Tour.

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

dated March 2002 (b)(6), (b)(7)cLetter”).

6
956001.06668:671054.01

privacy. The Handbook did not have any instructions in it that described how to use the
telephones at the Facility.
The Standards also provide, pursuant to an interim measure, that detainees in InterGovernmental Service Agreements such as the Facility should be allowed to make free phone
calls to attorneys on the list of free legal service providers, to the detainee’s consulate and to
other local numbers in certain circumstances. The Facility is not in compliance with this
Standard. One of the detainees interviewed explained that all calls placed from the Facility,
whether local or long distance, must be made collect. 41 The detainee further explained that the
Facility’s phone system apparently prohibits detainees from making calls to certain regions of
the country — in this instance, Arizona and California 42 (although this could not be confirmed
by any other detainee).
The Facility has no procedure for delivering messages to detainees. The Facility does
have a system in place to notify detainees of a death in the family or similar family emergencies.
In the event of such an emergency, a phone message is taken by the prison chaplain and
delivered to the detainee. The detainees interviewed were not aware of this option. 43
The Facility, with the assistance of the INS, is currently in the process of implementing a
new phone system that would allow a detainee to push a pre-programmed number that would
directly dial the detainee’s Consulate at no cost. 44 The timetable for this upgrade was not
discussed. The Facility’s current provider of local service is Southwestern Bell and its current
provider of long-distance services is MCI-WorldCom.
IV.

LEGAL MATERIALS

The Facility has sufficient library space; however, it is lacking in actual legal resources.
Detainees do not have access to a photocopier. There did not appear to be any materials in any
language other than English besides a Spanish/English dictionary. Furthermore, the Facility’s
policy that requires an officer to read detainee legal mail to verify that the documents are legal in
nature before sending the mail free of charge is unconscionable in that it violates basic attorney
client privileges. Detainees are also sometimes asked to choose between library time and
exchanging their clothes for clean clothes.
The Standards mandate the designation of a law library in each INS facility. Each library
must be large enough to facilitate detainee research and writing in a well-lit and reasonably quiet
area. In addition, each library facility must have an adequate number of tables and chairs, in
order to allow access to all detainees who request to use the library. The Standards also state that
each facility must provide materials, equipment and library holdings sufficient to enable
detainees to research and prepare legal documents.

41
42

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

Interview.

Id.

43
44

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

Interview.

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

7
956001.06668:671054.01

A.

ACCESS TO LEGAL MATERIALS

The Facility assigns a full-time officer to the library (the “Librarian”).45 While
adequately staffed, the Facility’s library is limited in the number and scope of resources it makes
available to detainees. 46 For instance, none of the detainees interviewed had heard of the
Florence Project’s “Know Your Rights” packet. Specifically on the topic of immigration law,
the library contains only the following:
1.
2.
3.
4.

Administrative Decisions Under Immigration and Naturalization Laws of
the United States (through 1998);
Interim Decisions;
Steel on Immigration; and
Department of Justice Pamphlets on assorted immigration issues (in both
English and Spanish).

The materials that were available were current and up to date. The edition of the Federal
Register was dated as of 2002, and pocket parts are sent regularly. 47
No formal procedure exists for requesting specific materials. 48 Detainees must ask the
Librarian for a specific item, and the Librarian then requests materials from the main inmate
library located at another Dallas County detention facility. However, all immigration materials
are housed at the INS Detention facility and include only those listed above.
B.

LIBRARY FACILITY AND HOURS

The library is housed in its own room. 49 It seats up to 18 people. The room is open and
well lit. The hours are from 7:00 a.m. to 3:30 p.m., Monday and Wednesday. Access during
these hours is unlimited. According to interviews with the detainees, a formal request to use the
law library must be made in advance by filling out an Inmate Request Form or “Kite” (“Kite”). 50
Detainees are not asked to choose between library time and recreation time. However,
because the law library time is Monday morning, which is at the same time that the detainees
exchange their clothes and linen, detainees must choose between library time and exchanging
their clothes and linen for clean clothes and linen. 51

45

Interview of Officer (b)(6), (b)(7)c March 7, 2002 (b)(6), (b)(7)c Interview”). Officer (b)(6), (b)(7)c is the Facility
employee solely in charge of the Facility’s library. The interview also included a private tour of the library.

46

Tour.

47
48
49

Interview.
(b)(6), (b)(7)c

Interview
Tour.

50
51

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

8
956001.06668:671054.01

Although the library does not offer a segregated area for private study, Officer (b)(6), (b)(7)c
indicated that no one has requested such an area. 52 The Facility provides several typewriters, but
detainees do not have computer or Internet access. 53
C.

PHOTOCOPIER AND LEGAL MAIL

The Standards require that a facility make photocopies of detainee’s legal documents as
required for filing. The Facility has one photocopier, and it is not located in the library. 54
Because the photocopier is not located in the library, detainees do not have access to the
photocopier. Detainees are therefore required to ask the Librarian to make copies. However,
this procedure regularly denies detainees access to the photocopier because the Librarian is not
allowed to leave anyone unattended in the library and detainees and prisoners are always in the
library during library hours. Consequently, detainees effectively have no ability to make
photocopies absent a court order allowing access to the photocopier. 55 One detainee explained
that in order to get photocopies for his case, he sent a letter to a friend on the “outside” with the
relevant citations and had the cases and statutes sent to him. 56 Detainees are offered carbon
paper. 57
According to the Standards, indigent detainees are entitled to free postage for a specified
number of legal and personal documents. One detainee explained that as an indigent, he is able
to mail legal documents at no cost. 58 However, the detainee complained that the Facility’s
officers read all such mail to verify that all documents enclosed are legal in nature before sending
the mail free of charge. 59
V.

GROUP RIGHTS PRESENTATIONS

The Facility does not allow any group rights presentations. The Standards provide that
facilities will 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 INS facility. There are currently no Groups Rights Presentations
being conducted or scheduled at the Facility for the purpose of informing detainees about their
rights under U.S. immigration law. 60 Insubordination concerns appear to be the overriding
reason for the lack of such presentations.

52
53

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

Interview.

Tour.

54
55
56
57

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

58
59
60

9
956001.06668:671054.01

The detainees do receive an individual rights advisory and a list of free legal services
available, which currently has only one organization listed — Catholic Charities Organization. 61
Notably, the Facility runs the “Know Your Rights” video, created by the Florence Project, on its
closed-channel network once daily on weekdays, and twice daily on Saturdays and Sundays.
VI.

RECREATION ISSUES

No outdoor recreation is available in the Facility because it is a “higher security”
facility. 62 However, in other facilities utilized by the INS, such as the Denton facility, outdoor
recreation is provided. Other types of recreation are available, and allowed in specific
recreation/exercise rooms. 63 In the recreation/exercise rooms, the detainees have access to a
ping pong tables (it was broken during our tour), kinetic exercise equipment, and videotapes with
aerobic/cardiovascular exercise routines. The delegation was informed that the Facility does not
provide free weights, because free weights could be used as weapons by the detainees and
inmates. 64
The State of Texas requires that criminal inmates be provided access to exercise and/or
recreation a minimum of three times per week for a minimum of one hour per session. 65 The
Facility provides detainees and other inmates with five one-hour recreation/exercise sessions per
week, Monday through Friday only. One detainee explained, however, that recreation time often
conflicts with the evening feeding time, requiring detainees who desire recreation time to either
forgo a meal or eat in the recreation area (which has no tables or chairs). 66 The Facility does not
provide recreation/exercise on Saturdays or Sundays unless the normally scheduled
recreation/exercise for a weekday was missed, in which case they will make up the
recreation/exercise session on the weekend. 67
In addition to the physical exercise recreation available to detainees, the delegation
observed televisions in each cell that received basic channels from outside the Facility. 68 The
delegation also observed that television is available in the day room for detainees. Detainees
appear to be allowed to possess recreation material (e.g., games and other devices that could not
be used as weapons) in their cells.

61

See List of Free Legal Service Providers Dallas, Texas, attached hereto as Appendix “D.”

62
63
64
65
(b)(6), (b)(7)c

66
67
68

10
956001.06668:671054.01

VII.

CLASSES

The Facility does not provide any classes for detainees. At least one of the detainees
interviewed complained that such programs have not been made available to INS detainees. 69
VIII. MEDICAL ISSUES
The Standards require that all detainees shall have access to medical services that
promote detainee health and general well-being. Also, all facilities should maintain current
accreditation by the National Commission on Correctional Health Care. The Facility maintains a
medical staff on site and is capable of meeting any and all additional health needs of detainees
through an agreement with Parkland Hospital in Dallas. Detainees indicated, however, that there
were problems with the administration of medical services that have resulted in untimely or
incomplete medical treatment. To receive medical attention, detainees must submit a medical
request on a Kite to the officers in the Facility. 70 After a detainee submits a request for medical
attention, the officers bring the request to the nurse’s station, where the nurses process the
request and set up a time for the detainee to see a nurse or doctor who will pre-screen the
detainee. Although one of the detainees interviewed was never personally denied medical
71
(b)(6), (b)(7)c
attention, he related the story of
whom the detainee 72 claims repeatedly
requested medical attention and was denied such treatment by the staff. The detainee further
alleges that the staff insisted that (b)(6), (b)(7)c was “faking” his ailment. According to the
(b)(6), (b)(7)c
detainee,
condition deteriorated to the point where he could not move from the
floor and would urinate where he was lying. 73 At this point, according to the detainee, he was
taken to Parkland Hospital for treatment and returned to the Facility after treatment in a
wheelchair. 74
Another detainee interviewed stated that he had to wait three weeks (and ultimately file a
grievance against the Facility’s medical department) before he was examined by the Facility’s
nurse regarding a bronchial infection and complications from asthma. 75 Upon examining the
detainee, the nurse gave the detainee one dose of cough medicine and never followed up with the
detainee to determine whether his condition had improved. Moreover, at the time of the
interview, the detainee was suffering from a skin condition that he stated had gone largely
untreated for more than three weeks. As of the date of the interview, the detainee had been told
that he was scheduled to visit a local hospital regarding the skin condition but had not been
informed of any specific date and time for the visit.

69

Interview.

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

70

A sample Kite is attached hereto as Appendix “E.”

71

(b)(6), (b)(7)c
(Nigeria) Booking Number
but he was transferred or released before our vis

72

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

An interview was requested with

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

nterview.

73
74
75

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

Interview.

11
956001.06668:671054.01

A third detainee stated that he entered the Facility shortly after major surgery that
included, among other things, having screws inserted into his legs. 76 The screws were to be
removed within ten days of his detention. At the time of the interview — over three months later
— the screws had not been removed. He stated that he has not been allowed to see a specialist or
receive the surgical attention he needs, but is merely given painkillers.
Detainees receive standard and emergency medical care at the Facility. 77 For major
procedures, detainees are taken to Parkland Hospital. Dallas-area facilities have approximately
100 nurses and seven doctors, however, only four of them are full-time and three of them are
part-time. The Facility’s nurses and doctors are assigned to each of the Dallas facilities on a
daily basis, and on weekends a part-time physician is always available. Nurses are available 24
hours per day, and doctors are available during normal business hours; but at least one doctor is
on call 24 hours per day.
Translators are normally available to detainees seeking medical attention, if such is
necessary. 78 Detainees do have a right to refuse treatment or examination. Health records for
detainees may be obtained by the detainee from the Facility by submitting a notarized request or
a court order.
Detainees with infectious diseases are diagnosed by the nurse practitioner or the doctor. 79
If a detainee has an infectious disease that is airborne (e.g., tuberculosis), the detainee will be
quarantined. However, one detainee complained that new detainees are not screened for
tuberculosis or other infectious diseases until one or sometimes two weeks after being in a
tank. 80 If a detainee has an infectious disease that is not airborne (e.g., HIV), the detainee will
not be quarantined unless the detainee requests such quarantine.
The Facility provides dental care three days per week for detainees. 81 The Facility also
provides an OBGYN doctor five days per week in the female infirmary on a full time basis. The
Facility provides mental health services to detainees through a psychiatric team, consisting of a
psychiatrist, counselors, social workers, and caseworkers. A detainee may obtain dental or
feminine care by request; a detainee may obtain mental health care by request or by referral by
one of the Facility’s officers.
The health care procedures are outlined for detainees in the Handbook. 82 The procedures
describe what to do in case of an emergency or in case of a request for nonemergency service.
The Handbook also describes what to do with medication, including the procedure for taking
76
77

nterview.

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

Interview of (b)(6), (b)(7)c March 11, 2002 (b)(6),
( (b)(7)cInterview”).
the jails, including the Facility.

78

81
82

is in charge of Dallas-area nurses for

erview.

79
80

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

Interview.
(b)(6), (b)(7)c

etter.
Interview.
Handbook at 11.

12
956001.06668:671054.01

medications, and the restrictions on whether detainees may pick up medications for other
detainees and a prohibition on sharing medication with other detainees. 83
IX.

RELIGIOUS ISSUES

In violation of the Standards, the Facility does not provide special diets for the detainees
based upon the detainees’ specific religious requirements. The Standards require that Detainees
of different religious beliefs shall be provided with reasonable and equitable opportunities to
participate in their religion and such opportunities will be available regardless of the prevalence
of the religion in the particular facility.
Religious requests are handled by the Inmate Program Division of the Facility. 84 Regular
religious services are offered on site. Bible study meetings are offered several times per week (at
least twice that the delegation was able to confirm) by volunteers from outside organizations. In
addition to the Bible study opportunities during the week, denominational services are available
to detainees on the weekends. On Saturday, a Catholic Mass is available to detainees. On
Sunday, several Christian denominations are represented. In any event, a third-party
organization, typically a volunteer group from a local church, visits the Facility on Saturday and
Sunday. The Facility performs background checks on all volunteers providing religious services
to detainees, but typically the organization brings the same volunteers on a weekly basis.
In addition to the services available to Catholic and other Christian denominations,
Muslim and Jewish ceremonies are provided. 85 While these services are typically not provided
on a regular basis, they do include services for respective holy days.
In addition to regularly scheduled religious services, all detainees may request a visit
from a chaplain or other religious leader. 86 The Inmate Program Department maintains a list of
current contacts for a variety of religious organizations, so that if a detainee requests a particular
type of religious counseling, the Inmate Program Division can give a referral to a leader from
that religious organization, after which a meeting can be set up for the detainee to seek religious
counseling.
The Facility does not provide special diets for the detainees based upon the detainees’
specific religious requirements. 87 The Facility maintains a registered, licensed dietician on staff,
but special dietary requirements are only permitted for medical purposes (e.g., no salt diets,
diabetic diets, etc.).88 If a detainee requires a specific diet for religious reasons, the detainee may
be (but is not required by the INS to be) moved to another INS facility; 89 for example, a detainee
83
84

Id.
nterview.

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

85

Id.

86

Id.

87

(b)(6), (b)(7)c
Interview of
on March 18, 2002 (“(b)(6), (b)(7)c Interview”) (registered, licensed dietician for the
Facility); Interview of Capt. (b)(6), (b)(7)c on March 18, 2002 ( (b)(6), (b)(7)c Interview”).

88
89

nterview.
(b)(6), (b)(7)c

Interview.

13
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may be moved to the Denton facility, which provides special diets for religious-based reasons.
Typically, officers will report on detainees who are not eating due to religious reasons. 90 Based
on this report, the INS will evaluate the validity of the detainee’s desire for a special diet based
on religious requirements, and attempt to move the detainee to another INS facility. 91
Detainees are allowed to have one Bible or other soft cover book for religious purposes. 92
Detainees are also allowed to have “valid” religious documents; however, such documents may
be in English only. 93 For example, a religious text written in Arabic may not be kept by the
detainee because Facility personnel are not able to determine that such a document is a bona fide
religious document. Detainees are allowed to access religious documents in their own language,
but only by requesting that such documents be kept in the library. 94 If a detainee requests that a
religious document in his or her native language be kept in the library, the library will order the
document from a retail distributor, in order to ensure that the documents are bona fide religious
documents.
Other than religious books and documents, detainees are allowed to keep reasonable
religious medallions or other small religious items on their person or in their cells.95 For
example, a detainee may keep a small cross or rosary beads, but a detainee may not keep any
item that could be used as a weapon. Detainees are also not allowed to wear special religious
clothing (i.e. hats, yarmulkes, or special clothing), because all detainees are required to wear the
specified Facility jumpsuit.
X.

OTHER ISSUES
A.

DETAINEE CLASSIFICATION

The Facility maintains the detainees in separate units from the general population for the
majority of the time and also has provided for disciplinary segregation. These procedures are in
place to ensure the safety of the detainees and appear to satisfy the Standards. The Standards
require that the Facility establish a Special Management Unit that will isolate detainees from the
general population of a facility for either administrative or disciplinary reasons.
Detainees
sophistication. 96
criminal inmates.
inmates, they do

are organized within the Facility based on like charges and criminal
Detainees are also classified by security risk, but are not commingled with
A detainee pointed out that while detainees do not share a tank with criminal
commingle with them during exercise time. 97 Another detainee stated that

90
91
(b)(6), (b)(7)c

92
93
94

Id.

95

Id.

96

Id.

97

Interview.

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

14
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detainees also co-mingle with criminal inmates during library time and at religious services. 98
Detainees may also be classified based on medical needs, protective segregation, escape risk,
diet, or administrative and disciplinary segregation. 99 Detainees are, of course, segregated based
on gender.
In addition to other classifications and segregation, the Facility provides protective
custody to detainees. 100 Protective custody typically involves three categories: homosexuals,
detainees who lives have been threatened by other detainees or inmates; and known gang
members. Protective custody typically involves three- to six-man tanks, but 12-man tanks are
used for protective custody for homosexuals. The Facility does provide medical quarantine, but
medical quarantine is only provided either (a) at the request of a detainee with a diagnosed
communicable disease, or (b) if an airborne communicable disease is diagnosed. 101
B.

ACCOMMODATIONS

The Handbook provides that “[C]lean linens are provided for each person entering the
facility to include two sheets, one towel, one hand towel, one pillow case, and two blankets.” 102
The Handbook also provides a schedule for laundering linens, personal items, and jumpsuits. 103
Detainees sleep in two-bed cells housed in multi-housing units or “pods.” 104 Toilets are
available in each cell; showers are available in each “pod.” The pod sizes vary from 2-4, 4-8, 610, and 10-12 detainees per pod. 105 Detainees are provided with a jumpsuit, shoes, socks, and
underwear, all of which are laundered once per week. 106 Detainees are also provided with a
linen change consisting of fresh sheets once per week. 107 One detainee complained of not being
given a blanket. 108 The detainee stated that the linens provided were not sufficient to keep him
warm. The detainee further stated that detainees often use newspaper to cover themselves at
night — a practice discouraged by Facility staff.
Free hygiene packages consisting of a razor, comb, toothpaste, toothbrush, shampoo, and
deodorant are provided to each detainee upon arrival. 109 Replacement hygiene packages are
98
99

Interview.
(b)(6), (b)(7)c

Interview.

100

Id.

101

Id.;(b)(6), (b)(7)cnterview.

102

Handbook at 3.

103

Id.

104

Tour.

105

Id.; (b)(6), (b)(7)c nterview.

106

Handbook at 7, 9;

107

Handbook at 3.

108
109

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

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

Handbook at 3;

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

15
956001.06668:671054.01

delivered to “indigent” detainees (i.e., detainees with less than $5 in their detainee account for a
period of 72 hours or longer) every two weeks. 110
The detainees are responsible for cleaning their own tanks. Although the Facility’s
procedures require that cleaning supplies (i.e., mops, brooms, etc.) be provided to the detainees
three times daily, 111 one detainee complained that such supplies often are not supplied.112 As a
result, dust and dirt accumulate in the cells, inhibiting the detainee’s breathing (the detainee
suffers from asthma). 113
C.

PERSONAL ITEM RETENTION

As prescribed by the Handbook, detainees are permitted to retain only the following
items: small religious items (English-language only), soft-covered religious and secular reading
materials, a small “cross” or other religious medallion, rosary beads, legal documents and papers,
prescription glasses, dentures, and prescription medication. 114 Other property is itemized and
stored by the Facility. 115
DIETARY REQUIREMENTS

D.

The Facility has a licensed, registered dietician on staff, with a bachelor’s degree and
specialized dietary training. 116 Diets endeavor to include 2900 calories per day. 117 Detainees do
not help in food preparation. 118 The daily cost of food per detainee, for the fiscal year beginning
October 1, 2000 through September 30, 2001, was $.572 for food only, $.830 total cost
(excluding depreciation of property and equipment). 119
E.

DETAINEE WORK PROGRAM

While work opportunities are made available to inmates, they are not made available for
the INS detainees at the Facility. 120 When asked about the work program, one detainee

110

Handbook at 7.

111

Handbook at 9.

112

Interview.

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

113

Id.

114

Handbook at 3, 10.

115

Id. at 3.

116
117

Interview.

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

Id.

118
119

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

120

16
956001.06668:671054.01

explained that they were not allowed to participate in the program because they are not
trusted. 121
F.

GRIEVANCE AND DISCIPLINARY PROCEDURES

The Facility has established and maintains a detailed grievance procedure applicable to
criminal inmates and detainees alike. The Standards require that the Facility develop and
implement a standard operating procedure that addresses detainee grievances. These procedures
should establish reasonable time limits for addressing grievances through investigations,
responses ,hearings and rulings.
The grievance procedures for detainees are outlined in the Handbook and are regulated
and administrated internally by the Facility, not by the INS. 122 Detainees are instructed to file a
written grievance (Kite) to appeal or protest the following: (1) any violation of civil rights;
(2) any criminal act by detainees or Facility staff; (3) any proscribed act by Facility staff; (4) the
denial or failure to allow access to any privilege without just cause or due process. 123 The Kite
allows detainees approximately half a normal page of paper to describe their request. Kites are
placed in one of several collection areas and collected by staff on a daily basis. 124 Detainees
typically file grievances regarding four basic problems: detention staff; food; the library; and
abridgement of rights. 125 The chief grievance officer at the Facility is Officer (b)(6), (b)(7)c.
Detainees are informed that all grievances will be forwarded to the Inmate Grievance
Board for review. Actions of the Inmate Grievance Appeal Board will be final.
The Handbook also defines five categories of rule violations, outlining possible sanctions
for each category depending on the severity of the infraction. 126 The violations are divided into
two basic categories — Minor and Major. 127 When a violation occurs, the detainee will be cited
by the officer observing the violation. 128
Minor infractions are divided into two categories: “Section A” violations and “Section B”
violations. 129 A listing of Section A and Section B violations is provided in the Handbook.130
The basic difference between Section A and Section B violations is the length of restriction
121

Interview.

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

122

Handbook at 16.

123

Id.

124

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

Interview.

125

Id.

126

Handbook at 12.

127

Id.

128

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

Interview.

129

Handbook. at 12-13.

130

Id.

17
956001.06668:671054.01

assessed against the detainee While detainees are restricted for two to 10 days for Section A
violations, they are detained for five to 15 days for Section B violations. 131
When a Facility staff member observes and cites a detainee for a Minor violation, the
detainee will soon thereafter receive a copy of the violation report. 132 At least 24 hours after
receiving notice of the violation, the detainee will attend a Minor disciplinary board hearing at
which guilt or innocence is determined. The Minor disciplinary board consists of the INS
supervisor and one non-officer from a different shift than the shift on which the violation
occurred. For example, if a detainee is accused of violating a Minor rule at 5:00 p.m. on a
Monday, the detainee will receive a hearing no sooner than 5:00 p.m. on Tuesday. The hearing
occurs during a different shift in order to ensure impartiality. The delegation was unable to
determine if there is a maximum time limit within which the hearing must occur, but the sense of
the delegation was that hearings invariably are held at the earliest possible opportunity.
Major violations are also divided into three categories: Section C, Section D, and Section
E violations. 133 A Section C violation typically results in between five and 20 days of
restriction; Section D, ten to25 ; Section E, 15 to 30 days. A listing of Section C, Section D and
Section E violations is listed in the Handbook.
For a Major violation, the accused detainee has ten days to prepare for the hearing in
order to gather witnesses and any other evidence or advice.134 While no one from the delegation
was able to confirm this, it appears that detainees are not allowed to be represented by an
attorney in such a hearing. The board for a Major disciplinary hearing typically consists of three
Facility-employed non-officers. The board hears the case and determines the innocence or guilt
of the detainee on the alleged Major violation. Although not officers of the Facility, the threemember Major disciplinary board typically consists of employees of the Facility; otherwise, the
detainee’s case may be delayed for an extended period of time because it is practically
impossible to get volunteers from outside the Facility to sit on the board. Again, the board
consists of individuals that did not witness the infraction to ensure impartiality. Hearings for
major rules violations are video taped by the Facility.
For both Minor and Major rule violations, the punishments are assessed and implemented
immediately following the hearing. 135 All disciplinary hearing board decisions are final — no
specific review or appeal system exists.
G.

IMMIGRATION COURT

There is no immigration court at the Facility. 136 The nearest immigration court is located
at 1100 Commerce Street, the Earl Cable Federal Building (located three blocks from the
131

Id.

132

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

133

Handbook at 13-15.

134

Id. at 15.

135

Id.

136

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

nterview.

nterview.

18
956001.06668:671054.01

Facility). The Facility has established procedures for transportation to and from the court. The
court will submit a list of specific detainees for which it has judicial business. The detainees
listed by the court are considered to be “down and out,” which means that they are released from
the Facility, but are not fully released. The detainees are then transferred from the Facility to the
Dallas INS office, located at 8101 North Stemmons Freeway, Dallas, Texas 75245. The
detainees are processed and then transferred to the court from the INS office.
Once at the Federal Building, a detainee will be held in the detention facility until the
detainee is called into court.137 After the court concludes the detainee’s judicial business, the
detainee is returned to INS headquarters, where the detainee is again processed, and any action
following from the judicial action is taken. The detainee is then returned to the Facility.
Typically this process begins at 5:00 a.m., but may begin as early as 4:00 a.m. or as late as 6:00
a.m. From 7:00 a.m. to 8:00 a.m., the detainees are actually at the INS facility. Typically the
court hearings for detainees occur between 8:00 a.m. and 9:00 a.m. Usually the detainees will be
at the Federal Building for approximately two hours. Detainees who have morning hearings are
usually returned to their cells at the Facility around 2:00 p.m. Detainees who have afternoon
hearings are typically returned to the Facility by 5:00 p.m.
While being transported to court, the detainees are fed cold meals usually consisting of
sandwiches that are delivered every two weeks to the INS facility. An interview with a detainee
revealed that the detainees are often asked to choose between eating and making their court
appearance. 138 The detainee stated that although he awakened at approximately 4:30 a.m. and
arrived at the INS facility at around 7:00 a.m., he was not given his meal until it was time for
him to make his court appearance at lunch time. INS staff then asked the detainee whether he
wanted to eat or appear in court. The detainee suggested that meals could be provided well
before the detainee is to appear before the court; therefore the choice between eating and going
to court would be moot.
The detainees are restrained throughout their transfer from the Facility, INS headquarters,
and the Federal Building. 139 Typically, the restraint involves handcuffs—which is a lesser
degree of restraint than is used for criminal inmates. If a detainee has posed a problem in the
past, however, additional restraints are used as necessary.
The average wait before an individual detainee receives his or her first court hearing
depends upon the action of the immigration court. 140 After a detainee is detained, he has 72
hours before a notice to appear or charging document must be filed. Pursuant to INS policy, a
detainee should receive his first hearing within 30 days. For instance, one detainee had his first
hearing after being detained for less than 15 days. 141 However, in the delegations’ interviews
with other detainees, the delegation discovered that this policy was not being enforced: one
137
138

Id.
nterview.

139
140
141

Interview.
(b)(6), (b)(7)c

nterview.

19
956001.06668:671054.01

detainee had his first hearing after being detained five weeks, 142 while another detainee had his
first hearing after being detained over nine months. 143
CONCLUSION
Based on the delegation’s interviews and tour, it appears that some of the Facility
personnel and the INS are generally aware of the Standards and have made an effort to be fair to
the detainees. However, it does not appear that any specific efforts have been made to bring the
Facility into compliance with the Standards. In fact, when asked about certain Standards relating
to issues such as group rights presentations or outdoor recreation, the Facility stated frankly that
this Facility would not be able to comply with those Standards. Of particular concern to the
delegation were (1) reports by detainees of inadequate medical access, (2) inadequate legal
access including, charges for phone calls to counsel and consulates, a significantly incomplete
legal library, lack of access to a photocopier and an unconscionable process of reading legal mail
to determine whether in fact it is legal mail, and (3) a general feeling among the detainees that
they were abandoned in the Facility with little or no contact with the INS and in several cases
little or no understanding of the status of their cases. While the Facility has until December 2002
to achieve compliance with the Standards, significant work must be done and several areas must
be improved upon before the Facility will reach compliance with the Standards.

142

Interview.

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

Interview.

20
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