(b)(6)

(b)(6)

Facility Name: EL CENTRO SERVICE PROCESSING CENTER, El Centro, California
Date of Tour: June 27, 2006
Tour Participants: Latham & Watkins LLP attorneys and summer associates

*Standards are Detainee Services Standards unless otherwise indicated. Issues are generally listed in the order in which they appear in the Report.

1.

2.

3.

ICE Standard*

Delegation Report

Source

Standard 17, Visitation
ƒ I. To maintain detainee morale and family relationships,
INS encourages visits from family and friends.
ƒ III .G. The facility’s visiting area shall be appropriately
furnished and arranged, and as comfortable and pleasant
as practicable. The visiting room officer shall ensure that
all visits are conducted in a quiet, orderly, and dignified
manner. The OIC shall provide adequate supervision of
the visiting rooms.
Standard 17, Visitation
ƒ III.I.2. Hours. The facility shall permit legal visitation
seven days a week, including holidays. It shall permit
legal visits for a minimum of eight hours per day on
regular business days, and a minimum of four hours per
day on weekends and holidays. … On regular business
days, legal visitations may proceed through a scheduled
meal period.
ƒ III.I.9. Routine official counts shall not terminate attorney
visits.
Standard 17, Visitation
ƒ III.I.3. Upon presentation of a letter of authorization from
the legal representative under whose supervision he/she is
working, an unaccompanied legal assistant may meet with
a detainee during legal visitation hours.
ƒ III.I.13. Upon the request of a legal service provider (or
assistant), the OIC may permit a confidential meeting
(with no officer present) involving the requester and two
or more detainees.
ƒ III.I.15. A separate log shall record all legal visitors,
including those denied access to the detainee. The log
shall include the reason(s) for denying access.

ƒ

The visitation area is cramped and dimly lit. This area is
apparently also where multiple family members can visit
one detainee, although this would be difficult because of
the small size of the room. (p.7 ¶5)

Delegation
observations

ƒ

A detainee reported that visits are allowed to continue
through meals, but not head counts. (p.4 ¶2)
Detainee B reported a situation in which a fellow
detainee’s lawyer drove to the facility from Riverside,
and visitation was denied because it was dinner time.
(p.6 ¶3)

Detainee C

ƒ

ƒ

ƒ
ƒ

ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainee B

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

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

Legal assistants, law students, and interpreters are not
permitted to visit the detainees unaccompanied by their
supervising attorney. (p.5 ¶3) However, OIC
seemed to be amenable to making exceptions to the rules
in special circumstances. (p.5 ¶4)
Attorneys are not allowed to meet with more than one
detainee at a time. (p.5 ¶3)
The delegation asked to see the log of legal visitors for
El Centro SPC, but we were informed that no such log is
maintained. (p.6 ¶2)

ICE
Response

8/30/2006

1

ƒ

ƒ

ƒ

ƒ
6.

Standard 16, Telephone Access
ƒ I. Facilities holding INS detainees shall permit them to
have reasonable and equitable access to telephones.
ƒ III.A. The facility shall provide detainees with reasonable
access to telephones during established facility waking
hours ….
ƒ III.B. [T]he facility shall provide telephone access rules in
writing to each detainee upon admittance, and also shall
post these rules where detainees may easily see them.
ƒ III.F. The facility shall not restrict the number of calls a
detainee places to his/her legal representative, 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.

ƒ
ƒ

ƒ

There is no written policy in place for the exchange of
documents between the detainees and legal
representatives at El Centro SPC. (p.6 ¶5) However,
none of the detainees reported problems obtaining
documents from their attorneys. (p.6 ¶5)
Detainees are not allowed to make any free direct phone
calls. The preprogrammed phone numbers listed on the
bulletin boards in the barracks are for organizations that
have agreed to accept collect calls from the detainees.
(p.9 ¶4)
Detainees are unable to make collect calls without
charge. The three detainees interviewed reported that a
calling card is needed for every phone call made from
the facility. (p.10 ¶1)
Delegation attempts to make collect calls from several
facility telephones were unsuccessful. (p.10 fn.60)
The guidelines for telephone use are not posted
anywhere in the housing units. (p.9 ¶1)
Detainee A reported that the phones in his barrack had
not worked for the previous couple of days and that the
phones continuously disconnected detainees trying to
call out. (p.9 ¶2)
Detainee A reported that all phone calls are
automatically shut off after around 15 to 20 minutes.
Likewise, Detainee C reported that the calling cards
automatically disconnect after 20 minutes. Although
detainees can call right back, they are charged an
additional connection fee for the second phone call.
(p.10 ¶3)

ABA Commission on Immigration - Detention Standards Implementation Initiative

OIC
;
Detainee
interviews

Officer

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

5.

Standard 17, Visitation
ƒ III .I.10. The facility's written legal visitation procedures
must provide for the exchange of documents between
detainee and legal representative (or legal assistant) even
when contact visitation rooms are unavailable.
Standard 16, Telephone Access
ƒ III.E. … The facility shall enable all detainees to make
calls to the INS-provided list of free legal service
providers and consulates at no charge to the detainee or
the receiving party.

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

4.

Detainees A, B,
and C

Delegation
observations
Delegation
observations
Detainee A

Detainees A and C

8/30/2006

2

7.

ƒ

ƒ
ƒ
ƒ

ƒ

Detainee C reported that the copier had been broken
once for more than one week. (p.13 ¶2)

Detainee C

ABA Commission on Immigration - Detention Standards Implementation Initiative

OIC

Detainee A

Detainee B

Officer

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

9.

Standard 16, Telephone Access
ƒ III.I. The facility shall take and deliver telephone
messages to detainees as promptly as possible. When
facility staff receives an emergency telephone call for a
detainee, the caller’s name and telephone number will be
obtained and given to the detainee as soon as possible. …
In SPCs/CDFs, messages shall be delivered to detainees
no less than three times a day.
Standard 1, Access to Legal Material
ƒ III.B. Equipment. The law library shall provide an
adequate number of typewriters and/or computers, writing
implements, paper and office supplies to enable detainees
to prepare documents for legal proceedings.

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

8.

Delegation
observation
(b)(6), (b)(7)c

ƒ

The detainees are afforded almost no privacy when
making phone calls. All phones are grouped close
together in common areas and do not have any privacy
panels. The phones are in a visible, open environment,
surrounded by other detainees and/or guards. (p.10 ¶4)
OIC
reported that no telephone calls are
monitored by the facility because it does not have the
technology to do so. (p.10 ¶4)
One detainee reported that he was told that all phone
calls are subject to monitoring and did not know of any
way to request a phone call not be monitored. (p.10 ¶4)
Detainee B, who communicates through his sister to his
lawyer, commented that all phone calls to his sister are
monitored by the facility. (p.10 ¶4)
Officer
said messages are given to detainees at El
Centro SPC once daily, unless there is an emergency.
(p.11 ¶2)
(b)(6), (b)(7)c

Standard 16, Telephone Access
ƒ III.J. The facility shall ensure privacy for detainees’
telephone calls regarding legal matters. For this purpose,
the facility shall provide a reasonable number of
telephones on which detainees can make such calls
without being overheard by officers, other staff or other
detainees. Facility staff shall not electronically monitor
detainee telephone calls on their legal matters, absent a
court order.

8/30/2006

3

10. Standard 1, Access to Legal Material
ƒ III.C. The law library shall contain the materials listed in
Attachment A. … The facility shall post a list of its
holdings in the law library.

ƒ

ƒ
ƒ

ABA Commission on Immigration - Detention Standards Implementation Initiative

Delegation
observations

Delegation
observations
Officer
;
Detainees A and B

Officer
Detaine

Officer

;

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

ƒ

Delegation
observations

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

ƒ

b6,b7c

12. Standard 1, Access to Legal Material
ƒ III.G. The facility shall…permit all detainees, regardless
of housing or classification, to use the law library on a
regular basis. Each detainee shall be permitted to use the
law library for a minimum of five (5) hours per week.
Detainees may not be forced to forgo their minimal
recreation time, as provided in “Detainee Recreation,”
standard to use the law library. Detainee requests for
additional time in the law library shall be accommodated
to the extent possible, consistent with the orderly and
secure operation of the facility.

Delegation
observations

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

11. Standard 1, Access to Legal Material
ƒ III.C. The law library shall contain the materials listed in
Attachment A.

ƒ
ƒ

The El Centro library does not contain the following
texts: Guide for Immigration Advocates; Lawyer’s
Committee Handbook on Representing Asylum
Applicants; Legal Research & Writing: Some Starting
Points; Directory of Nonprofit Agencies that Assist
Persons in Immigration Matters. (p.11 ¶5)
The library does not contain a copy of the Florence
Project’s “Know Your Rights” packet. (p.12 ¶2)
The following materials are in the library, but are out of
date: Code of Federal Regulations, Title 8, Aliens and
Nationality; Country Reports on Human Rights
Practices; Human Rights Watch – World Report;
UNHCR Handbook on Procedures and Criteria for
Determining Refugee Status; United States Code, Title
28, Rules, Appellate Procedure Pamphlets I+II; Federal
Criminal Code and Rules; Criminal Procedure; Legal
Research in a Nutshell. (p.12 ¶2)
The list of library holdings is not posted. (p.12 ¶4)
The library has procedures in place to prevent the loss or
destruction of materials. (p.12 ¶5) However, detainees
complained that legal materials are often damaged or
missing. (p.12 ¶5)
Officer
states that library time is provided in
addition to, not instead of, recreation time. (p.15 ¶1)
However, Detainee A stated that detainees sometimes
have to choose between recreation and library time.
(p.15 ¶1)
Detainees may not request additional library time absent
proof of an upcoming court date. (p.15 ¶2)

8/30/2006

4

Detainee B stated that the facility had recently notified
the detainees that officers would be destroying all of the
stored legal material unless a detainee could prove that
the materials were being used. (p.16 ¶1)

Detainee B

ƒ

The facility’s off-site telephone translation service is not
available to assist non-English speakers in performing
legal research and writing. (p.16 ¶3)

OIC

ƒ

Detainees said that both incoming and outgoing mail are
delayed 1 to 3 days. (p.18 ¶3)
One detainee said that he never received mail that was
sent to him by his parents. The mail was returned to his
parents without notification to him. (p.18 ¶3)
One detainee complained that his outgoing mail to a
relative had been opened after he had given it to his
deportation officer for mailing. (p.18 ¶2)

Detainees A, B,
and C

ƒ
ƒ

ƒ

OIC
reported that changes to the Handbook are
posted in the barracks and a revised version of the
Handbook is issued when enough notices have
accumulated. Only one updated rule, dated 2004, was
posted in the barracks. (p.19 ¶2)
The Handbook is only available in English and Spanish,
even though detainees with other native languages are
housed at El Centro SPC. (p.19 ¶2)

ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainee B
Detainee C
(b)(6), (b)(7)c

ƒ

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

ƒ

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

13. Standard 1, Access to Legal Material
ƒ III.K. The facility shall permit detainees to retain all
personal legal material upon admittance to the general
population or segregation, unless such material creates a
safety, security, and-or sanitation hazard. The facility may
require detainees with a large amount of personal legal
material to place some of the material in a personal
property storage area, with access permitted during
designated hours.
14. Standard 1, Access to Legal Material
ƒ English speaking detainees who wish to pursue a legal
claim related to their immigration proceedings or
detention and indicate difficulty with the legal materials
must be provided with more than access to a set of
English-language law books.
15. Standard 3, Correspondence and Other Mail
ƒ I. All facilities will ensure that detainees send and receive
correspondence in a timely manner.
ƒ III.C. Incoming correspondence shall be distributed to
detainees within 24 hours of receipt by the facility ….
16. Standard 3, Correspondence and Other Mail
ƒ III.F. Inspection of Outgoing Correspondence and Other
Mail. Outgoing special correspondence will not be
opened, inspected, or read.
17. Standard 6, Detainee Handbook
ƒ I. Every OIC will develop a site-specific detainee
handbook to serve as an overview of … the detention
policies, rules, and procedures in effect at the facility. The
handbook will also describe the services, programs, and
opportunities available …. Every detainee will receive a
copy of this handbook upon admission to the facility.
ƒ III. E. The handbook will be written in English and
translated into Spanish and, if appropriate, into the next
most-prevalent language(s) among the facility’s detainees.
The OIC will provide translation assistance to detainees
….

OIC
;
Delegation
observations

Delegation
observations

8/30/2006

5

18. Standard 13, Recreation
ƒ III.B.1. If outdoor recreation is available at the facility,
each detainee shall have access for at least one hour daily,
at a reasonable time of day, five days a week, weather
permitting.
Standard 1, Access to Legal Material
ƒ III.G. Detainees may not be forced to forgo their minimal
recreation time … to use the law library.
19. Security and Control Standard 14, Special Management Unit
(Disciplinary Segregation)
ƒ III.A. To provide detainees in the general population a
safe and orderly living environment, facility authorities
shall discipline anyone whose behavior does not comply
with facility rules and regulations. This may involve
temporary confinement apart from the general population,
in the Special Management Unit (SMU).

ƒ
ƒ

ƒ

One detainee said he is required to choose between
recreation time and library time. (p.26 ¶2)
Another detainee claimed that there are 45 minutes
allotted each day for recreation time, but his job cleaning
out the barracks prevents him from being able to go
outside during that time. (p.26 ¶2)

Detainee A

Detainee B reported that El Centro SPC routinely
reintroduces violent or disruptive detainees into the
general detention center population after holding them in
the SMU for only 72 hours after fights or other incidents
of violence. Detainee B thought this policy was
responsible for what he estimates to be three violent
incidents during the month of June, and 10 to 11
incidents since January 2006. (p.25 ¶3)

Detainee B

ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainee C

8/30/2006

6

MEMORANDUM
To:

John P. Torres, Acting Director, Office of Detention and Removal, Immigration
and Customs Enforcement (“ICE”)

From:

American Bar Association Delegation to El Centro, California, ICE Service
Processing Center1

Copy To:

(b)(6)

Associate Director, ABA Commission on Immigration

Re:

Report on Observational Tour of the El Centro, California, ICE Service
Processing Center

Date:

July 21, 2006

I.

Introduction

This memorandum evaluates and summarizes information gathered by the
delegation through our on-site visit at the Immigration and Customs Enforcement (“ICE”)
Service Processing Center in El Centro, California (the “El Centro SPC”), and interviews with
both detainees2 and facility staff, on June 27, 2006.
The Immigration and Naturalization Service promulgated the “INS Detention
Standards” in November 2000 to insure the “safe, secure and humane treatment of individuals
detained by the INS.” The 38 Standards contained in the Detention Operations Manual cover a
broad spectrum of issues ranging from visitation policies to grievance procedures to food service.
These standards apply to ICE Service Processing Centers (“SPCs”), Contract Detention Facilities
(“CDFs”), and state and local government facilities used by ICE through Intergovernmental
Service Agreements (“IGSAs”). The Standards went into effect at ICE SPCs on January 1,
2001, and were to have been implemented at each facility by January 2003. The Standards
constitute a “floor” not a “ceiling” for treatment of ICE detainees. In other words, they are
meant to establish the minimal requirements that ICE must adhere to in the operation of its
facilities. Each District Office or Officer-in-Charge (“OIC”) of a facility may, in his or her
discretion, promulgate policies and practices affording ICE detainees greater rights and
protections than those provided for by the Standards.

1

The delegation was comprised of Latham & Watkins attorneys
(b)(6)

2

(b)(6)

.

The delegation interviewed three detainees currently being housed at the El Centro facility.
The three detainees consented to being interviewed, but all three requested that their names be
withheld in the report. As a result, the detainee-interviewees are referred to as Detainee A,
Detainee B, and Detainee C.
1
SD\542672.4

Overall, the delegation believes that the staff at the El Centro SPC is attempting to
meet the Standards. However, the following problems were noted by the delegates:

II.

•

Attorney visits with detainees are not permitted to continue through headcounts (routine counting of detainees).

•

Detainee phone access is impaired by the inability to make collect or free
phone calls and the lack of privacy in the areas where phones are located.

•

Detainee outgoing mail is improperly opened, even when such mail includes
correspondence relating to a detainee’s legal proceeding.

•

It is unclear whether all detainees have been shown the “Know Your Rights”
video.

•

Detainees are not provided with full access to the legal materials specified in
the Standards because of damaged, missing, and/or limited materials.

The El Centro Facility

El Centro SPC is located in El Centro, California--approximately 120 miles east
of San Diego, and just north of the Mexican border. El Centro SPC is an ICE facility that houses
only men. The detainees at El Centro SPC are classified as Level One through Level Three, with
(b)(6), (b)(7)c
Level Three being the most dangerous felons. Officer-in-Charge
(“OIC
(b)(6), (b)(7)c”) indicated that Level One detainees are status violators with no past disciplinary
problems. Level Two detainees either have some criminal convictions or have had disciplinary
infractions while being detained. Level Three detainees are kept segregated from the rest of the
population at all times and have some type of violent conviction or infraction.3
Most of the detainees at El Centro SPC are classified as Level One or Level Two.
OIC (b)(6), (b)(7)c reported that El Centro SPC does not generally house Level Three detainees and
they are often sent to the Otay Mesa facility. However, Level Three detainees sometimes stay at
El Centro SPC for a few days when they have a hearing in the area.4
El Centro SPC has a capacity of 500 detainees. On the day we visited, the
population was about 400, with 12 men in the SMU.5 OIC (b)(6), (b)(7)c reported that the average
length of stay is 17 days, with most detainees removed from the United States, and others
released either to relatives or on their own recognizance. According to OIC (b)(6), (b)(7)c the longestresiding detainee at the facility is a Polish man who has been transferred back and forth between

3

Delegation interview with OIC

4

Delegation interview with OIC

5

According to Officer (b)(6), (b)(7)c at the time of our visit eleven of the men in the SMU were
Level Three detainees and one was a transgendered individual who posed a security risk.
Delegation interview with Officer (b)(6), (b)(7)c .
2

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

SD\542672.4

the El Centro and Otay Mesa facilities for the past five years while awaiting resolution of his
immigration appeal.
Detainees arrive at the facility from a number of places, including state or federal
correctional facilities in California and short-term detention facilities at the U.S.-Mexico border.
According to facility staff, almost 90 percent of the population at the facility is Mexican, but
detainees from at least 40 different countries have been housed at El Centro SPC.6 Most of the
detainees speak Spanish. All officers are required to be bilingual in English and Spanish and
printed materials are also given to the detainees in both languages.7 Additionally, the facility
uses a telephone translation system in cases where a detainee cannot speak either English or
Spanish.8
El Centro SPC is a secure facility, surrounded by fences with concertina wire.
The detainees’ schedules are highly regulated, and they may not move from one part of the
facility to another without being escorted by a guard. Every building appears to be separated
from the others by remote-operated locked double gates akin to a sally port. There is a
processing facility, a law library, a dining facility, a recreation yard with a soccer field and
basketball court, and an indoor recreation facility that includes the mail station and a barber
shop. The front office houses the check-in point and the visitation facility. The entire facility is
monitored by cameras.
III.

Detention Standards

This memorandum focuses on select portions of the Standards where ICE
compliance is of particular importance for the achievement of its stated goal: to insure the “safe,
secure, and humane treatment” of ICE detainees. In particular, the memorandum focuses on the
following Standards: (1) Visitation; (2) Telephone Access; (3) Legal Materials; (4) Group
Rights Presentations; and, (5) Correspondence and Mail.
A.

Visitation

The range of permissible visitors at El Centro SPC is quite broad, with the main
limitation being that “[p]ersons shown by substantial evidence to be of harmful effect to the
detainee or to constitute a threat to facility security shall be excluded.”9 There are no “contact”
visits at El Centro SPC.

6

Delegation interview with Senior Field Officer

7

Notes of delegation member Allison Hart, on interview with ICE Agent
(“Agent (b)(6), (b)(7)c ).

8

Delegation interview with OIC

9

Detainee Handbook at 15.

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

3
SD\542672.4

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

1.

Visitation by Attorneys
a.

Visitation Times

According to the Standards, legal visitation should be allowed seven (7) days a
week for a minimum of eight (8) hours on weekdays, and four (4) hours on weekends.10 Legal
visitations should not be terminated for meals or routine official counts.11 Procedures should be
in place to permit the detainee to receive a meal, or recreation, after the visit is completed.12
El Centro SPC substantially meets this section of the Standards, but attorney
visits are not allowed to continue through headcounts. The Detainee Handbook provides that
the visiting hours for attorneys are unrestricted as long as they do not interfere with the security
or normal operations of the facility.13 However, according to OIC (b)(6), (b)(7)c as well as the legal
visitation schedule posted outside the building, the visitation hours are Monday through Friday,
9:00 a.m. through 11:00 a.m., 1:00 p.m. through 3:30 p.m., and 7:00 p.m. through 9:30 p.m.14
According to OIC (b)(6), (b)(7)c the staff are flexible with respect to lengthy attorney visits during
meals, and says that sack lunches will be provided.15 However, OIC (b)(6), (b)(7)c indicated that visits
are never allowed to continue through head counts.16 OIC (b)(6), (b)(7)c also noted that the length of
visits is not limited in any way, as long as the visit falls within the visiting hours.
One detainee did not know the visiting hours off-hand, but knew that they were
included in the Detainee Handbook.17 The three detainees interviewed had primarily contacted
their attorneys by phone, and noted that when their attorneys did come to the facility, the visits
were private.18 One detainee reported that visits are allowed to go through meals, but not head
counts.19

10

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.

11

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2 & 9.

12

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2 & 9.

13

Detainee Handbook at 16.

14

According to the Detainee Handbook, visits by attorneys during the weekend may be restricted
due to quantity of regular visitation requirements. See Detainee Handbook at 16.

15

Delegation interview with OIC

16

Delegation interview with OIC

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

17

Notes of delegation members
on interview with
(b)(6)
Detainee B.
18
Delegation interviews with Detainee A, Detainee B, and Detainee C.
19

Notes of delegation members
Detainee C.

(b)(6)

4
SD\542672.4

on interview with

b.

Attorney Access

The Standards provide that attorneys without State Bar cards must be granted
access if they show other available documentation to demonstrate Bar membership.20 An
attorney or an accredited representative should not have to submit a G-28 for a pre-representation
interview.21 In addition, upon presentation of a letter of authorization from a supervising
attorney, interpreters, legal assistants, law students, or law graduates, as well as non-attorneys
with appropriate identification, should be allowed entry.22 Group meetings with legal service
providers should be granted “to the greatest extent practicable.”23 The Standards also require
that a separate log of legal visitors be maintained, including all those denied access to the
detainee.24
El Centro SPC substantially meets this section of the Standards, although
non-attorney access appears to be limited. At El Centro SPC, OIC (b)(6), (b)(7)c confirmed that an
attorney can call 24 hours ahead to determine if a detainee is currently at that facility. Upon
calling, the attorney is referred to a “deportation officer,” who is generally assigned to oversee
the legal process of about 80 detainees at any given time.25 OIC (b)(6), (b)(7)c also stated that no G-28
is necessary for a pre-representation visit, as long as appropriate identification is given.
Contrary to the parameters set forth in the Standards, legal assistants, law
students, and interpreters are not permitted to visit the detainees unaccompanied by their
supervising attorney.26 Moreover, attorneys are not allowed to meet with more than one detainee
at a time. Additionally, independent medical service providers and experts are also not allowed
to visit the facility.27 OIC (b)(6), (b)(7)c said that if such a meeting was necessary, arrangements must
be made to have the detainee brought to the independent medical service provider or expert.
Despite these restrictions on visitation, OIC (b)(6), (b)(7)c seemed to be amenable to
making exceptions to the rules in special circumstances. For example, he stated that if a legal
assistant or law student wished to do pro bono work for a detainee, he or she would most likely
be allowed to enter the facility during legal visitation hours without a supervising attorney.28
OIC (b)(6), (b)(7)c reported that there is not much community interest in doing pro bono work for the

20

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.4.

21

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.7.

22

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.3.

23

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.13.

24

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.15.

25

Delegation interview with OIC

26

Delegation interviews with OIC

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

27

Delegation interviews with OIC

28

Delegation interview with OIC

.
5

SD\542672.4

detainees housed in the facility and that only about 10-20 percent of the detainees are represented
by counsel.
The delegation asked to see the log of legal visitors for El Centro SPC, but we
were informed that no such log is maintained.29
Although the three detainees interviewed primarily used the telephone for contact
with their attorneys, none reported any personal problems with attorney access. However,
Detainee B reported a situation in which a fellow detainee’s lawyer drove to the facility from
Riverside, and visitation was denied because it was dinner time.30
c.

Security Concerns

The Standards provide that, in SPC facilities owned and operated by ICE,
detainees should not be strip searched after legal visitation unless there is reasonable suspicion
that a detainee is concealing contraband.31 Each facility is required to have a written legal
visitation procedure to provide for the exchange of documents between detainee and legal
representative, even when contact visitation rooms are not available. Materials exchanged shall
be inspected, but not read. 32
El Centro SPC substantially meets this section of the Standards, but there is
no written policy for the exchange of documents between detainees and legal
representatives. At El Centro SPC, according to OIC (b)(6), (b)(7)c detainees are not strip-searched
after a legal visitation because all visits are non-contact. Instead, detainees are subject only to a
pat-down search after visits. All three detainees confirmed that post-visit procedures do not
include strip searches.33 However, contrary to the allowances set forth in the Standards, there is
no written policy in place for the exchange of documents between the detainees and legal
representatives at El Centro SPC.34 However, none of the detainees reported problems obtaining
documents from their attorneys.

29

Delegation interview with OIC

30

Notes of delegation members
Detainee B.

31

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.11.

32

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.10.

33

Delegation interviews with Detainees A, B, and C.

34

Delegation interview with OIC

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

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

6
SD\542672.4

on interview with

d.

Access to Contact Information for Legal Services

The Standards provide that information lists with pro bono and non-governmental
agency information should be provided, and that the list should be updated quarterly.35 This
information should be posted clearly.36
El Centro SPC meets this section of the Standard. The Detainee Handbook
states that a list of free legal organizations will be posted in all detainee housing areas and other
appropriate areas, and that this list shall be updated quarterly.37
The delegation was provided a “Legal Aid List” in English that had been updated
as of April 3, 2006. The list is posted in each of the detainee barracks.
e.

Visitation Conditions

The Standards provide that the facility’s visiting area shall be appropriately
furnished and arranged so as to ensure quiet, orderly and private visits with attorneys.38
El Centro SPC substantially meets this section of the Standards. At El Centro
SPC, attorneys meet with detainees in the same areas as do family members: in one of the four
(4) small booths provided in the visitation area. The visitation area is cramped and dimly lit.
The booths have a speaking grill with a thick pane of Plexiglas between the visitors and the
detainees. This area is apparently also where multiple family members can visit one detainee,
although this would be difficult because of the small size of the room. All meeting rooms are
observable by the El Centro facility staff, but nevertheless offer auditory privacy.
2.

Visitation by Family, Friends, and the Media
a.

Visitation Times and Duration

The Standards provide that facilities should permit authorized persons to visit
detainees within secure and operational constraints.39 To maintain detainee morale and family
relationships, ICE encourages visits from family and friends.40 Additionally, facilities should
permit members of the media and non-governmental organizations to have access to nonclassified and non-confidential information about the facility’s operation.41 The Standards
provide that visiting hours should be clearly posted and permitted during set hours on weekends

35

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.14.

36

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.14.

37

See Detainee Handbook at 16.

38

Detention Operations Manual, Detainee Services, Standard 17, Section III.G.

39

Detention Operations Manual, Detainee Services, Standard 17, Section I.

40

Detention Operations Manual, Detainee Services, Standard 17, Section I.

41

Detention Operations Manual, Detainee Services, Standard 17, Section III.L-N.
7

SD\542672.4

and holidays.42 Special arrangements should be available for family members who are unable to
visit during regular visiting hours.43
El Centro SPC meets this section of the Standards. The visitation schedule was
posted at the front door and is listed in the Detainee Handbook. According to the Handbook,
visiting hours for general visitation are 7:00 p.m. through 9:30 p.m. Monday through Friday. On
weekends and holidays the hours are 9:00 a.m. through 11:30 a.m., 1:00 p.m. through 3:00 p.m.,
and 7:00 p.m. through 9:30 p.m.44 Special visits during other days and hours may be scheduled
by appointment.
The Standards require that visits should be for at least 30 minutes under normal
conditions.45 The Detainee Handbook provides that, if there is a significant quantity of visitors,
the time limits may be reduced to allow all concerned an opportunity to visit.46 It also provides
that the number of visitors who may visit a detainee may be limited to prevent overcrowding in
the visiting areas.47
B.

Telephone Access
1.

General Requirements

The Standards provide that facilities shall permit detainees to have reasonable and
equitable access to telephones.48 The facility should provide telephone access rules to detainees
upon admittance and should post those rules where detainees may easily see them.49 To
guarantee proper access, the Standards require at least one telephone for every 25 detainees
held.50 Further, the phones should be inspected daily to ensure they are in proper working
order.51
El Centro SPC substantially meets this section of the Standards, although one
detainee reported that phones were broken for a couple of days and disconnected detainees.
The guidelines for telephone access at El Centro SPC are included in the Detainee Handbook.52

42

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.H.1.

43

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.H.1.

44

See Detainee Handbook at 16.

45

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.H.7.

46

Detainee Handbook at 15.

47

Detainee Handbook at 15.

48

Detention Operations Manual, Detainee Services, Standard 16, Sections I & III.A.

49

Detention Operations Manual, Detainee Services, Standard 16, Section III.B.

50

Detention Operations Manual, Detainee Services, Standard 16, Section III.C.

51

Detention Operations Manual, Detainee Services, Standard 16, Section III.D.

52

Detainee Handbook at 10-12.
8

SD\542672.4

However, these guidelines are not posted anywhere in the housing units. The delegation
observed phones in some of the recreation areas, with nearby bulletin boards listing various
telephone numbers, including consular telephone numbers.53 There are 2-4 indoor phones in
each unit, which house between 60 and 80 detainees.54 There are an additional 2-4 phones in
each of the barrack’s outdoor recreation areas.
SFO (b)(6), (b)(7)c reported that the phones are inspected daily to ensure they are in
proper working order. However, Detainee A reported that the phones in his barrack had not
worked for the last couple of days and that they continuously disconnected detainees trying to
call out.56
2.

Direct Calls and Free Calls

The Standards require that detainees be permitted to make direct phone calls to
the following organizations, even if telephone service is generally limited to collect calls: (1)
local immigration court and Board of Immigration Appeals; (2) Federal & State courts where the
detainee is or may become involved in a legal proceeding; (3) consular officials; (4) legal service
providers, in pursuit of legal representation or to engage in consultation concerning his/her
expedited removal case; (5) a government office, to obtain documents relevant to his/her
immigration case; and (6) in a personal or family emergency, or when the detainee can otherwise
demonstrate a compelling need.57 The facility may not require indigent detainees to pay for the
types of calls listed above if they are local, nor for non-local calls if there is a compelling need,
nor may it make the receiving party accept charges.58
It is unclear whether El Centro SPC meets this section of the Standards;
according to facility staff, detainees may be unable to make calls without charge. OIC
(b)(6), (b)(7)c reported that detainees can make free calls to the required numbers using the preprogrammed phone numbers listed in each barrack. However, it appears that detainees are not
(b)(6), (b)(7)c
allowed to make any free direct phone calls. According to Officer
, the
preprogrammed phone numbers listed on the bulletin boards in the barracks are for organizations
that have agreed to accept collect calls from the detainees.59 Further, it appears as though

53

Observations of delegation member

54

Observations of delegation member

55

Delegation interview with SFO (b)(6), (b)(7)c.

56

Notes of delegation members
Detainee A.

57

Detention Operations Manual, Detainee Services, Standard 16, Section III.E.

58

Detention Operations Manual, Detainee Services, Standard 16, Section III.E.

59

Notes of delegation member

(b)(6)

.

(b)(6)

on interview with Officer

(b)(6)

9
SD\542672.4

on interview with

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

detainees are unable to make collect calls at no charge.60 The three detainees interviewed
reported that a calling card is needed for every phone call made from the facility. The telephones
are equipped with debit card systems, with instructions in English and Spanish.61 Detainees are
able to purchase debit cards in $5.00, $10.00 or $25.00 increments. The cards enable detainees
to make a local call up to 30 minutes long for $0.85.62 Long distance calls are charged at $0.18
per minute in addition to the $0.85 connection fee. Calls to foreign countries vary from $0.75$1.00 per minute.63
3.

Telephone Calls to Legal Representatives

The Standards state that a facility may not limit the number of calls placed to a
legal representative, nor limit the duration of calls by rule or automatic cut-off, unless necessary
for security purposes or to maintain orderly and fair access to telephones.64 If it is absolutely
necessary to place limits, the duration of calls may not be less than 20 minutes. Privacy should
be ensured for all telephone calls regarding legal matters and legal calls may not be monitored,
absent a court order. The Standards suggest the following mechanisms to ensure privacy: (1)
privacy panels; (2) placing telephones in a location where conversations may not be readily
overheard by other detainees or facility staff; or (3) allowing detainees to use an office telephone
to make confidential calls regarding their legal proceedings.65
It is unclear whether El Centro SPC meets this section of the Standards;
detainees reported that phone calls are cut off after 15 or 20 minutes, and that they are
monitored. In addition, telephones do not afford privacy. According to OIC (b)(6), (b)(7)c and SFO
(b)(6), (b)(7)c, calls to attorneys are not limited in number or duration. However, Detainee A reported
that all phone calls are automatically shut off after around 15 to 20 minutes. Likewise, Detainee
C reported that the calling cards automatically disconnect after 20 minutes. Although detainees
can call right back, they are charged an additional connection fee for the second phone call.
OIC (b)(6), (b)(7)c reported that no telephone calls are monitored by the facility because
it does not have the technology to do so. However, Detainee A reports that he was told that all
phone calls are subject to monitoring and did not know of any way to request a phone call not be
monitored. Detainee B, who communicates through his sister to his lawyer, commented that all
phone calls to his sister are monitored by the facility. In addition to monitoring concerns, the
detainees are afforded almost no privacy when making phone calls. All phones are grouped

60

Delegation member Allison Hart attempted to make a collect call to her home phone number
on several of the phones in the detention center. A recorded message reported “that number is
restricted.”

61

Observations of delegation member

62

Notes of delegation member

(b)(6)

, on interview with Officer
(b)(6)

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

63

Notes of delegation member

64

Detention Operations Manual, Detainee Services, Standard 16, Section III.F.

65

Detention Operations Manual, Detainee Services, Standard 16, Section III.J.
10

SD\542672.4

, on interview with Officer

close together in common areas and do not have any privacy panels.66 The phones are in a
visible, open environment, surrounded by other detainees and/or guards. The detainees
interviewed confirmed that they have no privacy when making calls, saying that “all phones are
out in the open” and that the phones are “always in the breezeway.”67
The Standards require SPCs to deliver messages to detainees no fewer than three
times a day. However, Officer (b)(6), (b)(7)c reported that messages are given to detainees at El
Centro SPC once daily, unless there is an emergency.
68

C.

Legal Materials

The Standards require El Centro SPC to maintain a law library (and related
services, such as photocopying and mail service) so that detainees may participate in legal
proceedings concerning their detention and immigration status.69 The El Centro SPC library
does not conform to the Standards in all respects.
1.

Materials Identified in Attachment A of the Standards

The Standards require the El Centro SPC Library to maintain the legal materials
listed in Attachment A of the Access to Legal Material chapter of the INS Detention Standards,
and to post a list of its holdings in the law library.70 These materials must be updated regularly
and supplemented with timely information regarding significant regulatory and statutory changes
affecting the detention and deportation of aliens. To ensure that these requirements are met, the
facility must designate an employee with responsibility for updating legal materials, inspecting
them weekly, maintaining them in good condition, and replacing them promptly as needed.71
El Centro SPC does not meet this Standard; legal materials are missing,
damaged, or out of date. The El Centro library does not contain the following texts listed on
Attachment A of the Access to Legal Material section of the Detention Operations Manual:
1.
2.
3.

Guide for Immigration Advocates;
Lawyer’s Committee Handbook on Representing Asylum Applicants
Legal Research & Writing: Some Starting Points 72

66

Observations of delegation member

67

Interviews with Detainees A and B.

68

Detention Operations Manual, Detainee Services, Standard 16, Section III.I.

69

Detention Operations Manual, Detainee Services, Standard 1, Section I.

70

Detention Operations Manual, Detainee Services, Standard 1, Section III.C.

71

Detention Operations Manual, Detainee Services, Standard 1, Section III.E.

72

The library does contain Gilbert Law Summaries: Legal Research, Writing & Analysis as a
substitute. Observations of delegation members
(b)(6)
11

SD\542672.4

(b)(6)

4.

Directory of Nonprofit Agencies that Assist Persons in Immigration
Matters.

The library also does not contain a copy of the Florence Project’s “Know Your Rights” packet.
The following materials are in the library, but are out of date. Instead, they are current only to
the year listed in parentheses:
1.
2.
3.
4.
5.
6.
7.
8.

Code of Federal Regulations, Title 8, Aliens and Nationality (1997)
Country Reports on Human Rights Practices (2002)
Human Rights Watch – World Report (2005)
UNHCR Handbook on Procedures and Criteria for Determining Refugee
Status (1992)
United States Code, Title 28, Rules, Appellate Procedure Pamphlets I+II
(2004)
Federal Criminal Code and Rules (2002)
Criminal Procedure (Hornbook) (2001)
Legal Research in a Nutshell (2000).

The library maintains a list of holdings that is available to detainees upon request. However, the
list is not posted in clear view as required by the Standards,73 and one detainee was unaware that
it was available.74
Recreation Officer(b)(6), (b)(7)cis in charge of the library and states that he inspects
library materials regularly. In addition, Agent (b)(6), (b)(7)c reported that Judge (b)(6) a local
immigration judge, “inspects the library [to make sure it is up to date] and considers it his pet
project.”75 The library also has the following procedures in place to prevent the loss or
destruction of materials: (1) books are checked out to detainees and inspected when returned; (2)
detainees are patted down when they leave the library, and, (3) two officers supervise library
time.76 Nevertheless, Detainees A and Detainee B stated that legal materials are often damaged
or missing.77
2.

Library Conditions

The Standards require El Centro SPC to house its law library in a designated
well-lit room which is reasonably isolated from noisy areas and has sufficient space to facilitate

73

(b)(6)
Notes of delegation member
, on interview with Officer(b)(6), (b)(7)c. See
Detention Operations Manual, Detainee Services, Standard 1, Section III.C.

74

Notes of delegation members
Detainee B.

75

Notes of delegation member

76

Notes of delegation member

77

Interviews with Detainees A and B.

(b)(6)

(b)(6)
(b)(6)

, on interview with Agent (b)(6), (b)(7)c.
, on interview with Officer(b)(6), (b)(7)c.
12

SD\542672.4

on interview with

detainees’ legal research and writing.78 It must contain a sufficient number of tables, chairs,
typewriters or computers, and office supplies.79 The facility should designate an employee with
responsibility to inspect the equipment at least weekly and ensure that it is in good working
order, and to stock sufficient supplies.80
El Centro SPC substantially meets this section of the Standards, although the
photocopier was in need of repair. El Centro SPC houses its law library in a clean, well-lit
place removed from foot traffic and other noise.81 The library has a maximum capacity of
twenty and contains five computers, several typewriters, one printer and one copier (both used
exclusively for printing legal documents).82 Each barrack and each detainee housed in the SMU
may access the library for one hour per day, and apparently only a fraction of detainees use the
library on any given day.83 The printer and the copier, along with all legal materials, are housed
in a separate room adjoining the main library room.84 Officer(b)(6), (b)(7)creported that he personally
inspects equipment and restocks supplies on a daily basis.85 Nevertheless, Detainee C reported
that the copier had been broken for more than one week.86 On the other hand, Detainee A
reported that writing supplies are always provided and that they are generally adequate.87
The Standards require the facility, with the assistance of ICE District Counsel, to
respond to written requests for additional legal material not available in the library in a timely
manner.88 Officer(b)(6), (b)(7)cstated that requests for library materials not contained in the facility are
forwarded to District Counsel.89 The Standards also require the facility to accept submissions of
published legal materials from outside persons or organizations, or to provide written
explanation if the facility rejects such material. With respect to submission of unpublished legal
materials, the Standards require the facility immediately to forward such material to ICE for

78

Detention Operations Manual, Detainee Services, Standard 1, Section III.A-B.

79

Detention Operations Manual, Detainee Services, Standard 1, Section III.A-B.

80

Detention Operations Manual, Detainee Services, Standard 1, Section III.A-B.

81

Delegation observations.

82

Delegation observations.

83

Notes of delegation members
Detainee B.

84

Observations of delegation member

85

Notes of delegation member

on interview with

(b)(6)

.

(b)(6)

on interview with Officer (b)(6), (b)(7)c

(b)(6)

86

Notes of delegation members
Detainee C.

87

Notes of delegation members
Detainee A.

88

Detention Operations Manual, Detainee Services, Standard 1, Section III.I.

89

Notes of delegation member

(b)(6)

on interview with

on interview with Officer

(b)(6)

13
SD\542672.4

, on interview with

(b)(6)

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

review and approval.90 Officer(b)(6), (b)(7)cstated that the library willingly accepts donations of
materials but does not follow different procedures for published and unpublished materials. He
does not remember ever refusing to accept materials, but stated that the donor would be notified
in writing were the donation to be rejected.91
3.

Photocopies and Mailing Materials

The Standards require the facility to ensure that detainees can obtain photocopies
of legal material, when such copies are reasonable and necessary for a legal proceeding
involving the detainee.92
El Centro SPC meets this section of the Standards. Officer Ayon stated that
the library will photocopy any reasonable quantity of legal materials, and no detainee
interviewed said that library staff had ever refused legal photocopy requests.93 As noted above,
Detainee C indicated that the copier was not always in working order.
4.

Access to the Library, Equipment and Holdings

The Standards require the facility to permit all detainees, regardless of housing or
classification, to use the law library on a regular basis, but at least for five hours (5) per week.94
Detainees may not be forced to forgo their minimum required recreation time to use the law
library.95 Additionally, the Standards require the facility in scheduling library access to take into
consideration rules or regulations that prohibit or regulate the intermingling of differently classed
detainees.96 The Standards require the facility to: (1) accommodate detainee requests for
additional time in the law library “to the extent possible, consistent with the orderly and secure
operation of the facility”; and (2) give special priority to requests for additional library time from
detainees facing court deadlines.97 The Standards also require that the facility grant requests for
access to stored legal material “as soon as possible, but no later than 24 hours after receipt of the
detainee request, unless documented security concerns preclude action within this time frame.”98

90

Detention Operations Manual, Detainee Services, Standard 1, Section III.D.

91

Notes of delegation member

92

Detention Operations Manual, Detainee Services, Standard 1, Section III.J.

93

(b)(6)
Notes of delegation member
interviews with Detainees A, B, and C.

94

Detention Operations Manuel, Detainee Services, Standard 1, Section III.G.

95

Detention Operations Manuel, Detainee Services, Standard 1, Section III.G.

96

Detention Operations Manuel, Detainee Services, Standard 1, Section III.G.

97

Detention Operations Manual, Detainee Services, Standard 1, Section III.G.

98

Detention Operations Manual, Detainee Services, Standard 1, Section III.K.
14

SD\542672.4

(b)(6)

, on interview with Officer

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

on interview with Officer (b)(6), (b)(7)cdelegation

It is unclear to what extent El Centro SPC meets this section of the
Standards; one detainee reported that sometimes detainees must choose between recreation
and library time. In addition, additional time in the law library is not permitted absent
proof of an upcoming court date. Finally, there is no posted list of the library’s holdings,
and one detainee was not aware that a list was available. Detainees at El Centro SPC may
access the library seven (7) hours per week, two (2) more hours than the Standards’ minimum
requirement. Each barrack receives access to the library separately, so differently-classified
detainees are never together in the library. Officer(b)(6), (b)(7)cstates that library time is in addition to,
not instead of, recreation time. Detainee A disagreed, however, stating that detainees sometimes
had to choose between recreation and library time.99
Detainees at El Centro SPC may not request additional library time absent proof
of an upcoming court date.100 Library staff maintains a manila folder labeled “Denied Requests,”
which contains requests for additional time unaccompanied by such documentation.101 While
according to the Standards, special priority is to be given to those requests from detainees facing
court deadlines, requests for additional time from others also should be accommodated
“consistent with the orderly and secure operation of the facility.” The facility’s policy on
additional library time seems overly restrictive, since there is no indication that providing
additional time to all requestors would compromise facility security or limit the access of those
facing court deadlines.
Detainee B reported that he often is unable to access LEXIS immigration law
software because only one computer has the software installed.102 Detainee B also reported that
detainees are unable to access the adjoining room containing legal materials but instead must
request materials using a card catalog system.103 Detainee B said that this policy makes it
difficult to know what materials the library contains; he was not aware that a list of materials was
available upon request.104 The detainees’ lack of knowledge is exacerbated by the fact that the
law library does not post a list of available materials.105

99

Notes of delegation members
Detainee A.

100

Notes of delegation member

101

Observations of delegation member

102

Notes of delegation members
Detainee B.

103

Notes of delegation members A
Detainee B.

104

Notes of delegation members
Detainee B.

105

Observations of delegation membe

SD\542672.4

on interview with

(b)(6)

on interview with Officer (b)(6), (b)(7)c

(b)(6)
(b)(6)

(b)(6)

(b)(6)

(b)(6)

(b)(6)

(b)(6)

(b)(6)

, on interview with
on interview with
on interview with

Detainee B also reported concerns with being able to access his legal materials
that the facility holds for him in on-site storage.106 Detainee B stated that the facility had
recently warned the detainees that officers would be destroying all of the stored legal material
unless a detainee could prove that the materials were being used.107
5.

Assistance for Illiterate and Non-English Speakers

The Standards require the facility to permit detainees to assist other detainees in
researching and preparing legal documents upon request, except when such assistance poses a
security risk.108 The Standards also require the facility to establish procedures to assist illiterate
and non-English speaking detainees who wish to pursue legal claims related to their immigration
proceedings or detention.109 These procedures may include: (1) helping the detainee obtain
assistance in using the law library and drafting legal documents from detainees with appropriate
language, reading, and writing abilities; and (2) assistance in contacting pro-bono legalassistance organizations.110
El Centro SPC substantially meets this section of the Standards, but the
facility does not assist non-English speaking detainees. The facility’s off-site telephone
translation service is not available to assist non-English speakers in performing legal research
and writing.111 Officer(b)(6), (b)(7)cstated, however, that the library encourages detainees to provide
assistance to other detainees, and that many do.112 This observation was confirmed by Detainee
B, who said that detainees often assist each other with their immigration applications.113

106

Notes of delegation members
Detainee B.

on interview with
(b)(6)

107

Notes of delegation members
Detainee B.

108

Detention Operations Manual, Detainee Services, Standard 1, Section III.K.

109

Detention Operations Manual, Detainee Services, Standard 1, Section III.L.

110

Detention Operations Manual, Detainee Services, Standard 1, Section III.L.

111

Delegation interview with OIC

112

Notes of delegation members
Officer (b)(6), (b)(7)c

113

on interview with

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

on interview with
(b)(6)

Notes of delegation members
Detainee B.

on interview with
16

SD\542672.4

D.

Group Rights Presentations

The Standards require the facility to 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 facility.114
It is unclear whether detainees at El Centro SPC see the Florence Project’s
Know Your Rights video. OIC (b)(6), (b)(7)c stated that no groups had requested to make
presentations within the last two years, and that he could not remember the last group that had
made a presentation. OIC (b)(6), (b)(7)c also said that all detainees are shown the Florence Project’s
“Know Your Rights” video on intake, but only one of the three detainees interviewed recalled
seeing the video. 115 The intake center had television monitors and appeared to be showing an
informational video, but time constraints prevented the delegation from verifying what video was
being shown. Officer (b)(6), (b)(7)c stated that the video was the “Know Your Rights” video.116
E.

Correspondence and Mail

Under the Standards, all facilities should ensure that detainees can send and
receive correspondence in a timely manner, subject to limitations required for the safety,
security, and orderly operation of the facility.117 The Standards also mandate that incoming mail
should be delivered to the detainee within 24 hours of receipt by the facility, and outgoing mail
should be delivered to the postal service within the same time frame.118 If incoming mail is
confiscated or withheld, the detainee shall receive a receipt for the withheld item.119 The
Standards also require each individual facility to widely distribute its guidelines concerning
correspondence and other mail.120
El Centro SPC apparently does not meet this Standard; according to
detainees, outgoing mail is opened, and incoming mail is withheld without notice to
detainees. At El Centro SPC, there is a mail room that is located inside the indoor recreation
room so that all detainees may easily access the facility. All detainees interviewed were aware
of the location of and general procedures of the mail facility. El Centro SPC distributes
guidelines concerning correspondence and other mail through the Detainee Handbook.
Specifically, the Handbook states there is no limit on the volume of letters that a detainee may
send or receive, nor any limit on the length, language, content or source of mail or

114

Detention Operations Manual, Detainee Services, Standard 9, Section I.

115

Interview with OIC (b)(6), (b)(7)cand notes of delegation member Allison Hart.

116

Notes of delegation member

117

Detention Operations Manual, Detainee Services, Standard 3, Section I.

118

Detainee Operations Manual, Detainee Services, Standard 3, Section III.C.

119

Detainee Operations Manual, Detainee Services, Standard 3, Section III.G.

120

Detention Operations Manual, Detainee Services, Standard 3, Section I.
17

SD\542672.4

(b)(6)

on interview with Officer(b)(6), (b)(7)c

publications.121 The only exception would be if there was a reasonable belief that limitation was
necessary to protect the public safety or facility order and security.122 None of the detainees
interviewed had encountered any problems with limits on incoming or outgoing mail.
The Handbook also provides that all incoming mail received by a detainee is
subject to search for contraband.123 This search is to be performed in the presence of the
detainee, although the OIC may authorize inspection without the detainee’s presence for security
reasons.124 One detainee expressed a problem with the mail searches – he stated that his
outgoing mail to a relative had been opened after he had given it to his deportation officer for
mailing.125 This suggests a serious violation of the Standards, since outgoing mail searches are
not permitted under any circumstances.
The detainees said that both incoming and outgoing mail are delayed one to three
days.126 In addition, one detainee reported that he never received some mail that was sent to him
by his parents. Instead, the mail was returned unopened to his parents without notification to
him.127 Similarly to the Standard, the Detainee Handbook states that if any incoming or
outgoing mail is rejected by the OIC for security reasons, the detainee is to be notified and given
a receipt of what was rejected.128 Neither of these procedures were followed in this detainee’s
case.
The Standards provide that the OIC shall establish procedures to provide indigent
detainees with postage at government expense.129 Alternatively, the facility is to provide a
system for non-indigent detainees to purchase stamps.130 According to the detainees
interviewed, El Centro SPC provides free stamps, envelopes and writing instruments for all
detainees regardless of their financial status.131

121

See Detainee Handbook at 17.

122

See Detainee Handbook at 17.

123

Detainee Handbook at 18.

124

Detainee Handbook at 18.

125

Notes of delegation member
Detainee C.

126

Interviews with Detainees A, C, and B.

127

Notes of delegation members
Detainee B.

128

See Detainee Handbook at 18.

129

Detainee Operations Manual, Detainee Services, Standard 3, Section III.I.; Standard 1,
Section III.N.

130

Detainee Operations Manual, Detainee Services, Standard 3, Section III.B.

131

Interview with Detainees A, B, and C.

(b)(6)

(b)(6)

18
SD\542672.4

on interview with

on interview with

F.

Other
1.

Detainee Handbook

According to the Standards, every OIC is required to develop a site-specific
detainee handbook to serve as an overview of, and guide to, the detention policies, rules and
procedures at the facility.132 The handbook should also describe the services, programs, and
opportunities available through various sources, including the facility, ICE, private
organizations, etc.133 The Standards also require that every detainee receive a copy of this
handbook upon admission to the facility.134 The Standards state that the OIC will provide
translation assistance to those detainees with literacy or language issues, though only if the
detainee requests it.135
El Centro SPC substantially meets this Standard, although it is unclear
whether new rules are posted, and the Handbook could be made available in other
languages spoken by detainees. According to the Detention Handbook, El Centro SPC staff
give each detainee a handbook upon arrival.136 OIC (b)(6), (b)(7)c reported that changes to the
Handbook are posted in the barracks and a revised version of the Handbook is issued when
enough notices have accumulated.137 Only one updated rule was posted in the barracks; it was
dated 2004.138 In addition, the Handbook is only available in English and Spanish, even though
detainees with other native languages are housed at El Centro SPC.
All detainees interviewed at El Centro SPC were familiar with and had received a
copy of the Detainee Handbook. The El Centro Handbook was translated into both English and
Spanish.
The content of the Handbook appears to comply with all of the requirements set
out by the Standards.
2.

Grievances

The Standards provide that each facility must develop standard operating
procedures that address grievances and must guarantee against any reprisals.139 The procedures
must establish a reasonable time limit for providing written responses to detainees who file

132

Detention Operations Manual, Detainee Services, Standard 6, Section I.

133

Detention Operations Manual, Detainee Services, Standard 6, Section I.

134

Detention Operations Manual, Detainee Services, Standard 6, Section I.

135

Detention Operations Manual, Detainee Services, Standard 6, Section III.E.

136

See El Centro SPC Detainee Handbook (“Detainee Handbook”).

137

Notes of delegation member

138

Observation of delegation member

139

Detainee Operations Manual, Detainee Services, Standard 5, Section I.
19

SD\542672.4

on interview with OIC

(b)(6)
(b)(6)

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

grievances.140 The OIC must allow detainees to submit formal, written grievances.141 An
informal procedure must also be in place for a detainee to present his or her concern to any staff
member at any time.142 The Detainee Handbook must provide notice of the procedures for filing
a grievance and appeal, including the availability of assistance in preparing a grievance.143
It is unclear whether El Centro SPC fully meets this Standard The Detainee
Handbook recommends informal resolution of grievances, which the Handbook describes as an
interaction between the detainee and the on-duty Supervisory Immigration Enforcement
Agent.144 According to the Detainee Handbook, grievances are handled initially from the lowest
level. The detainee must first contact the shift supervisor and state the grievance.145 If the
supervisor is not able to resolve the complaint, the detainee may submit a written grievance form
within five (5) days of the day of the event, or the conclusion of an informal grievance.146 The
formal grievance form goes from the shift supervisor to the on-duty Supervisory Immigration
Enforcement Agent (for processing by the appropriate department head) and from there to a
Detainee Grievance Committee.147 The committee will purportedly convene to study the
grievance within five (5) working days of the “appeal.”148 If the detainee still unsatisfied, he
may appeal the decision to the OIC for a final decision.149
One detainee filed two grievances, but only one grievance received a response.150
None of the detainees interviewed had utilized the appeal process.
According to the Detainee Handbook, if the detainee claims that the issue is
sensitive, he may send a sealed envelope directly to the OIC marked “Sensitive,” which must
include an explanation for circumventing the chain of command.151 The detainees also have the

140

Detainee Operations Manual, Detainee Services, Standard 5, Section I.

141

Detainee Operations Manual, Detainee Services, Standard 5, Section III.A.2.

142

Detainee Operations Manual, Detainee Services, Standard 5, Section I.

143

Detainee Operations Manual, Detainee Services, Standard 5, Section III.G.

144

See Detainee Handbook at 29.

145

See Detainee Handbook at 29.

146

See Detainee Handbook at 29.

147

See Detainee Handbook at 30.

148

See Detainee Handbook at 30.

149

See Detainee Handbook at 30.

150

(b)(6)
Notes of delegation members
, on interview with
Detainee A. On one occasion, Detainee A informed Lieutenant(b)(6), (b)(7)cthat his phone card was
not working properly and he received a reimbursement of $10.00 three weeks later. More
recently, Detainee A notified Lieutenant(b)(6), (b)(7)cthat the vending machines were
malfunctioning but has yet to hear a response.

151

See Detainee Handbook at 30.
20

SD\542672.4

option to file a grievance directly through the mail with the Assistant Field Operation Director of
Detention and Removal whose address is provided in the Detainee Handbook.152 In such cases,
the detainee must explain the reason for not filing the complaint in the institution.153 If the
detainee has a complaint of officer misconduct, he may also complain directly to the Department
of Justice, whose phone number is provided in the Handbook.154
According to the Handbook, in preparing a grievance, a detainee may obtain
assistance from another detainee, housing officer or facility staff, or outside legal counsel.155
However, no detainee may submit a grievance on another detainee’s behalf.156 Copies of any
grievances are maintained in the detainee’s detention file for three (3) years.157 According to the
Handbook, El Centro SPC staff will not accept the detainee’s need to obtain assistance as
justification for exceeding the time limit on submissions, unless staff caused the delay.158
The Handbook states that no harassment, punishment or disciplinary action will
result for a detainee who seeks resolution of legitimate complaints in good faith.159 However, it
states that it will return, unprocessed, those grievances that demonstrate a pattern of abuse of the
grievance system resulting in unnecessary burdens at the expense of legitimate complaints, and
continued abuse may result in an adverse action initiated against the detainee.160 One detainee
described the officers as helpful and open to complaints.161
3.

Religious Issues

The Standards provide that “[d]etainees of different religious beliefs will be
provided reasonable and equitable opportunities to participate in the practices of their respective
faiths. These opportunities will exist for all equally, regardless of the number of practitioners of
a given religion [or] whether the religion is ‘mainstream.’”162

152

See Detainee Handbook at 30.

153

See Detainee Handbook at 30.

154

See Detainee Handbook at 31.

155

Detainee Handbook at 30.

156

See Detainee Handbook at 30.

157

Detainee Handbook at 29.

158

Detainee Handbook at 30.

159

See Detainee Handbook at 30.

160

See Detainee Handbook at 30.

161

Notes of delegation members
Detainee A.

162

Detention Operations Manual, Detainee Services, Standard 14, Section I.
21

SD\542672.4

(b)(6)

on interview with

El Centro SPC meets this Standard. The Detainee Handbook for the facility
reiterates a policy of extending detainees the freedom and opportunity to pursue any legitimate
religious belief or practice within the constraints of security and safety considerations.163
At El Centro SPC, detainees have access to at least some religious services. The
Detainee Handbook for the facility states that “[a]ll detainees shall have access to religious
resources, services, instruction, and counseling on a voluntary basis.” It goes on to state that the
“primary religious faith at the facility, as represented by a majority of detained aliens, is
Catholic.”164 Therefore, “Mass is conducted on Sunday evening,” and an “auxiliary unit of the
Catholic support program enters the facility at various times throughout the week…[to provide]
inspirational music….and [hold] … seminars or discussion groups.”165 Detainee C confirmed
that Catholic Mass Services are regularly held at the facility.
For “minority religions,” the Detainee Handbook states that detainees may request
access to representative religious leaders. However, the detainee must place his request with a
“primary religious provider for the facility,” and the “[r]eligious providers attempt to ensure that
representatives from minority religions are available upon substantial requests.”166
Detainees are allowed to retain such articles as crosses, bibles, and other religious
items, as required under the Standards.167 No detainees reported any problems retaining such
items.
4.

Medical Care

The Standards set forth a broad policy that “detainees … have access to medical
services that promote detainee health and general well-being.”168 The Standards require that
detainees be provided with an initial medical screening and have access to primary care, and
emergency care.169 Although emergency dental care is required, “[r]outine dental treatment may
be provided to detainees from whom dental treatment is inaccessible for prolonged periods
because of detention for over six months.”170 The facilities are also required to employ a
medical staff large enough to perform basic exams and treatments for all detainees.171

163

Detainee Handbook at 12.

164

Detainee Handbook at 12.

165

Detainee Handbook at 12.

166

Detainee Handbook at 12.

167

Detention Operations Manual, Detainee Services, Standard 14, Section III.K.

168

Detention Operations Manual, Health Services, Standard 2, Section I.

169

Detention Operations Manual, Health Services, Standard 2, Section III.A.

170

Detention Operations Manual, Health Services, Standard 2, Section III.E.2.

171

Detention Operations Manual, Health Services, Standard 2, Section III.A.
22

SD\542672.4

The facilities in El Centro are operated by U.S. Public Health Services
personnel, and generally appear to meet ICE standards. The El Centro medical facility
includes a nurses’ screening room, an x-ray room, an infirmary with about four patient rooms
(including two rooms specially equipped for patients with airborne communicable diseases), a
records room, a dental office, a pharmacy, and a social worker’s office.172 The facility has a
daily staff of one doctor, two mid-level physicians’ assistants and two nurses.173 It also keeps a
small nighttime staff of two nurses to ensure 24-hour care.174 In addition, the facility has
arrangements with a number of local health care providers to provide specialty services.175 For
example, a psychiatrist comes every two weeks to prescribe medicine to the detainees, and
mental health counselors are on-call for the facility.
An initial medical screening is conducted upon arrival for new detainees at El
Centro SPC.176 This includes, in accordance with ICE standards, an x-ray test to examine for
tuberculosis.177 Results of the tuberculosis exam are available within four hours, and, if
tuberculosis is found, the detainee is isolated from other detainees for the remainder of his
treatment.178
For non-emergency health care, detainees are required to request a Sick Call. To
request a Sick Call, detainees must ask for a Sick Call slip from a housing officer, fill it out, and
place it in one of the designated boxes, which are mounted on the wall of the dining hall and in
the barracks.179 The procedure for making Sick Calls is outlined in the Detainee Handbook, but
the types of medical care available are not described in detail.180 Detainee A reported that it
takes about two days to obtain medical care after submitting a Sick Call.181 If a detainee is ill
after Sick Call hours, he must notify the Housing Unit Officer who will contact the on-duty
medical staff member.182

172

Observations of delegation member

173

Notes of delegation member

174

Notes of delegation member

(b)(6)

on interview with Captain
on interview with Captain
(b)(6), (b)(7)c

(b)(6)

175

Notes of delegation member

on interview with Captain

176

Notes of delegation member

on interview with Captain

177

Detention Operations Manual, Health Services, Standard 2, Section III.D.

178

Notes of delegation member

179

See Detainee Handbook at 31; notes of delegation member

180

Detainee Handbook at 31.

181

Notes of delegation members
Detainee A.

182

Detainee Handbook at 8.

on interview with Captain(b)(6), (b)(7)c
.

(b)(6)

(b)(6)

23
SD\542672.4

(b)(6)

on interview with

Detainees are not screened for HIV or AIDS as a general policy. According to
Captain(b)(6), (b)(7)c
, detainees who have AIDS, or are HIV positive, are sometimes transferred to other
ICE facilities for specialty care.183
5.

Accommodations
a.

General Population

Except for those housed in the SMU, the detainees are housed in one of eight
barracks, all of which are “open,” with approximately 65-80 detainees sleeping in bunk beds that
are bolted to the floor.184 When the delegation walked through, detainees were sitting on bunks
in groups, talking. The barracks have bathrooms, phones, and sitting areas. There are small
lockers for detainees to keep personal belongings, such as photos, books, addresses, paper and
pencil, legal materials and religious articles.185 The barracks also have fenced-in outdoor areas
where detainees appear free to go at their leisure.186
b.

Special Management Unit

The Standards require that each detainment facility establish a Special
Management Unit (SMU) to isolate certain detainees from the general population.187 The SMU
must have two sections: one for Administrative Segregation, and one for Disciplinary
Segregation.188 Detainees in segregation are entitled to telephone access similar to that provided
to detainees in the general population, but in a manner consistent with security and safety
requirements.189
El Centro SPC does not fully meet these sections of the Standards; there is no
telephone privacy. In addition, one detainee reported that violent or disruptive detainees
are segregated for only a short time, and then re-released into the general population,
leading to further violent incidents. The El Centro facility’s SMU has a capacity of 18 men,
each kept in a separate, small cell behind a solid metal door.190 Twelve men were in the SMU

183

Notes of delegation member

184

Delegation interview with Officer

185

Observations of delegation member

186

Observations of

187

Detention Operations Manual, Detainee Services, Standard 14, Section I.

188

Detention Operations Manual, Security and Control, Standard 13, Section I, and Standard 14,
Section I.

189

Detention Operations Manual, Detainee Services, Standard 16, Section III.G; and Security
and Control, Standard 13, Section III.D.16.

190

Delegation interview with Officer

SD\542672.4

on interview with Captain

(b)(6)

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

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

(b)(6)

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

when we visited.191 Eleven of the detainees in the SMU were Level Three detainees.192 The
other man was a transgendered individual who was in the SMU for protective custody
purposes.193
SMU detainees in segregation have their meals brought to them from the dining
hall.194 Food is passed to SMU detainees through a slot in the door. SMU detainees recreate on
the same terms as (although separately from) the general population.195 When SMU detainees
wish to use the phone, they must do so in a small room located at the end of the unit.196 Two
guards are stationed in that room at all times when the detainee is on the phone, preventing any
privacy.197
Despite OIC (b)(6), (b)(7)c assertion that violent detainees are kept away from the
general population,198 Detainee B reported that El Centro SPC routinely reintroduces violent or
disruptive detainees into the general detention center population after holding them in the SMU
for only 72 hours after fights or other incidents of violence.199 Detainee B thought this policy
was responsible for what he estimates to be three violent incidents during the month of June, and
10 to 11 incidents since January 2006.200
6.

Recreation

The Standards require that “all facilities shall provide ICE detainees with access
to recreational programs and activities, under conditions of security and supervision that protect
their safety and welfare.”201 In addition, the Standards provide that “[e]very effort shall be made
to place a detainee in a facility that provides outdoor recreation. If a facility does not have an
outdoor area, a large recreation room with exercise equipment and access to sunlight will be

191

Notes of delegation member

on interview with Officer

192

Notes of delegation member

on interview with Officer

193

Notes of delegation member

194

Notes of delegation member

on interview with Officer

195

Notes of delegation membe

, on interview with Officer

196

Delegation observations, and interview with Officer

197

Notes of delegation member

198

Delegation interview with OIC

199

Notes of delegation member

on interview with Officer

(b)(6)

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

on interview with Officer

(b)(6)

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

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

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

on interview with Detainee B.
(b)(6)

200

Notes of delegation member

201

Detention Operations Manual, Detainee Services, Standard 13, Section I.

on interview with Detainee B.

25
SD\542672.4

provided.”202 Where outdoor recreation is available, each detainee must have access to at least
one hour per day of recreation, five (5) days a week, weather permitting.203
El Centro SPC substantially meets this Standard, although one detainee
reported that he must choose between recreation and library time, and another that they
are only allotted 45 minutes per day. The El Centro recreation facility consists of a large
outdoor field as well as a sizeable indoor facility. Detainees are generally allowed access to the
facility one (1) hour per day, at least five (5) days per week.204 Recreation is available to
detainees held in segregation on the same terms, although such detainees may not recreate with
the general population, nor, in certain instances, with other detainees held in segregation.205
Detainee A said that he is required to choose between library and recreation time, and is not
allowed to do both in one day.206 Detainee C also stated that there are only 45 minutes allotted
each day for recreation.
a.

Outdoor Recreation

The outdoor recreation area consists of a large, open, dirt-covered field, suitable
for playing soccer or football, along with a basketball court.207 Footballs, soccer balls, and other
types of sports equipment are available for check-out.208
b.

Indoor Recreation

The indoor recreation provided appears to meet the Standards’ basic
requirement that “[d]ayrooms in general-population housing units … offer board games,
television, and other sedentary activities.”209 The indoor recreation facility is adjacent to the
outdoor recreation area. The area is the size of a small gymnasium, with concrete floors, a large,
open floor space, two ping pong tables, and two foosball tables.210 Basketballs, ping pong balls
and rackets, acoustic guitars, and other items are available for check-out.211 In addition, in the
barracks there are tables with fixed board game surfaces and sunny, fenced-in outdoor smoking

202

Detention Operations Manual, Detainee Services, Standard 13, Section III.A.1.

203

Detention Operations Manual, Detainee Services, Standard 13, Section III.B.1.

204

Notes of delegation member

205

Notes of delegation member

206

Notes of delegation member

207

Observations of delegation member

208

Observations of delegation member

209

Detention Operations Manual, Detainee Services, Standard 13, Section III.G.3.

210

Observations of delegation membe

211

Observations of delegation membe

.

(b)(6)

(b)(6)

on interview with Detainee A.
(b)(6)

(b)(6)

SD\542672.4

areas.212 The Detainee Handbook for the facility states that available indoor leisure activities
include writing, card games, board games, puzzles, and art.213
IV.

Conclusion
El Centro SPC meets many sections of the Standards. However, there is room for

improvement.
To meet the legal visitation standards, El Centro SPC should institute policies to
allow legal visitation to run through head counts, and start a separate visitation log for legal
visitors. The facility should also formalize the procedures for allowing legal assistants, law
students, and experts to visit detainees.
To facilitate access to pro bono assistance, the facility should ensure that
detainees are able call the appropriate free phone numbers without a calling card, and that the
phones allow detainees to make collect calls. Further, privacy panels or some other mechanism
should be installed to ensure detainees are afforded private phone calls to their legal counsel.
The facility should take additional steps to ensure privacy with respect to mail and
other correspondence. Outgoing mail should not be opened by ICE guards.
Finally, to support the detainees’ access to legal materials, El Centro SPC should
provide access to all of the materials listed in the Standards and ensure that those materials are
not damaged or missing. The facility should also consistently show the “Know Your Rights”
video to all detainees upon arrival at El Centro SPC and maintain a copy of the “Know Your
Rights” packet in the library.

212
213

Observations of delegation membe

(b)(6)

See Detainee Handbook at 31.
27

SD\542672.4

El Centro Service Processing Center
U.S. Department of Homeland Security
1115 N. Imperial Avenue
El Centro, CA 92243

MEMORANDUM FOR:

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

Officer-in-Charge
FROM:

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

Supervisory Immigration Enforcement Agent
SUBJECT:

ABA Delegation Report
Re: Response to noted discrepancies

The following is in response to ABA Commission On Immigration Tour conducted on June 27,
2006.
1.
The visitation area is cramped and dimly lit. The non-contact visitation booths are
small but provide adequate space for verbal visitation. There are no plans to expand the area
or to construct new visitation facilities. The lighting is within established standards.
2.
A detainee reported that visits were allowed to continue through meals, but not head
counts. Another detainee reported his attorney traveled some distance but was denied
visitation because it was mealtime. If the count was an official face to card count, the
visitation will be terminated or refused until to count is concluded. If a meal has started, all
excess traffic is shutdown as manpower is limited and escorts may not be available.
3.
Legal assistants, law students and interpreters are not permitted to visit detainees.
Attorneys are not permitted to visit with more than one detainee at a time. The logbook for
legal visitors does not exist. This facility has allowed students, assistants and others to visit
detainees in an official capacity; the highest-ranking official on duty may grant permission on
a case-by-case basis. Due to the limited space in the visitation booths, visitation by more than
two detainees at a time is generally not permitted; however, visitation with two detainees at
one time has occurred in the past. The logbook recording visitation by legal representatives
was incorporated in 1993 and is still utilized. It may have been overlooked during the tour.
4.
No written policy for the exchange of documents between detainees and legal
representatives. The appropriate amendments to the positions Post Orders and the Standard
Operating Procedures (SOP) are being drafted for review, comment and approval.
5 – 7. The facility is in the process of working with the current provider to correct the noted
discrepancies, including installation of privacy panels. It should be noted that no detainee
phone call has been monitored at this facility and staff would be most interested in any factual

SUBJECT: ABA Delegation Report
Page 2
evidence in support of such claims. Hearsay and casual statements are not valid causes for
procedural or regulation modifications.
8.
Messages are given to detainees once a day unless it is an emergency. Shift supervisors
have been advised to provide messages to detainees at least once per shift.
9.
The copier in the library had been broken in the past for more than a week. When the
copier is inoperative, the staff in charge of the library will access copiers in other areas of the
facility to ensure detainee documents are copied when required.
10-11. Lack of mandatory law library materials. Staff assigned to the law library conducts
inventory audits of the required material on a monthly basis. As material becomes missing or
damaged, requisitions are completed and submitted for purchase of needed material. Law
library holdings are now posted.
12.
Detainees have had to forfeit recreation time for library use. This has not been brought
to management’s attention through the detainee grievance procedure or through informal
contacts with the detainees. There is a recreation and library use schedule separate of each
other’s time. If necessary, a detainee may voluntarily use his recreation period for additional
law library use to complete case preparation, etc.
13.
A detainee claims the facility will destroy all stored legal materials unless it was being
used. This is an absolute falsehood. Detainees are permitted a stack of legal material, not to
exceed 4” in height and may maintain the rest with his other personal effects in Processing.
Access is allowed as requested and circumstances permit.
14.
Off-site telephone translation service not available for non-English speaking detainees.
The materials in the law library are provided in English and Spanish. When material in an
unrepresented language is requested, the law library staff provide assistance in researching
access to needed materials; either through local providers or consulates.
15.
Detainees claim incoming and outgoing mail are delayed 1 – 3 days; and one detainee
claimed he did not receive his mail because it was returned. Policy requires delivery of mail
within 24-hours except for exigent circumstances. Mail is not delivered or collected on
Sundays
16.
A detainee complained his outgoing mail had been opened after it was given to facility
staff for mailing. This is an assumption that the staff opened the mail, outgoing mail is only
opened on authorization of the OIC; plus, outgoing mail procedures do not reflect the
requirement for anyone other than the correspondence officer/agent to handle mail.
17.
Only one revised version of an amendment to the detainee handbook was posted in the
barracks and handbooks are only available in English and Spanish. There are actually six
amendments to the detainee handbook and they are all posted in each barracks bulletin board.
The two predominate languages encountered at this facility is English and Spanish. Assistance

SUBJECT: ABA Delegation Report
Page 3
is provided to those who speak neither of these languages. Assistance may be in the form of
contracted translators or commercial professional aides.
18.
One detainee alleges he is required to choose between recreation time and library time.
Another claims he is not afforded his recreation time because he cleans the barracks.
Detainees are not required to sacrifice recreation time in order to use the library. There have
not been any complaints addressing this matter. Detainees who participate in the volunteer
work program and are assigned janitorial duties within their own barracks are afforded and
hour or recreation time before or after their work assignment has been completed.
19.
One detainee asserts that after serving a period of disciplinary segregation in the SMU,
violent or disruptive detainees are returned to the general detainee population; causing several
violent incidents after their return. Yes, detainees who have completed a period of disciplinary
segregation, as ordered by the Institutional Disciplinary Committee, are returned to the
general population. However, in extreme cases or for repeat offenders, Administrative
Segregation may be ordered and the detainee remains in the SMU. There have been few
documented incidents where an individual released from segregation has resumed a violent
course when returned to the general population.

The American Correctional Association accredited this facility and most recently headquarters
personnel audited it for compliance with national standards. All of the issues mentioned in the
“tour” group’s document were audited and found in total compliance by both entities.