INS Detention Standards Compliance Audit - El Centro Service Processing Center, El Centro, CA, 2007

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INS Detention Standards Compliance Audit - El Centro Service Processing Center, El Centro, CA, 2007

• May 27, 2016 • Locations: United States of America -> California • Topics: Corrections Audits, Immigration

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600 West Broadway, Suite 1800
San Diego, California 92101-3375
Tel: +619.236.1234 Fax: +619.696.7419
www.lw.com
FIRM / AFFILIATE OFFICES
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MEMORANDUM

Moscow

Tokyo

May 19, 2009

Munich

Washington, D.C.

To:
From:
Copies to:
Subject:

James T. Hayes, Jr., Director, Office of Detention and Removal, Immigration and
Customs Enforcement
American Bar Association Delegation to the El Centro Detention Facility 1
b6
ABA Commission on Immigration
Report on Observational Tour of the El Centro Detention Facility, El Centro,
California

This memorandum summarizes and evaluates information gathered at the Immigration
and Customs Enforcement (“ICE”) Service Processing Center in El Centro, California (the “El
Centro SPC” or the “facility”), during the delegation’s August 8, 2007 visit to the facility. The
information was gathered via observation of the facility by the delegation, interviews with four
detainees, and discussions with ICE personnel.
I.

ICE DETENTION STANDARDS

In November 2000, the Immigration and Naturalization Service (INS), 2 promulgated the
“INS Detention Standards” to ensure the “safe, secure and humane treatment” of immigration
detainees. The thirty-nine standards contained in the Detention Operations Manual cover a broad
spectrum of issues ranging from visitation policies to grievance procedures. These Standards
apply to ICE-operated detention centers and other facilities that house immigration detainees
pursuant to a contract or intergovernmental service agreement (“IGSA”).
The Detention Standards (the “Standards”) went into effect at ICE-operated detention
facilities on January 1, 2001. ICE intended to phase in the Standards at all of its contract and
IGSA facilities by December 31, 2002. The Standards constitute a floor rather than a ceiling for
the treatment of immigration detainees. In other words, they are designed to establish the
minimum requirements to which ICE must adhere in its facilities. Each Field Office or Officerin-Charge has discretion to promulgate polices and practices affording ICE detainees more
enhanced rights and protections, beyond those provided for by the Standards.
1

The delegation was comprised of attorneys and summer associates from the San Diego office of Latham &
b6
b6
b6
b6
b6
Watkins LLP, including
,
,
,
, and
.
b6

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

II.

INTRODUCTION
A.

The Delegation’s Visit, August 8, 2007

On Wednesday, August 8, 2007, the members of our delegation met with several
b6, b7C
members of El Centro SPC’s staff, including, Acting Officer in Charge
(“Officer
b6, b7C ”), Assistant Officer in Charge
b6, b7C
b6,
b7C
(“Officer
”), and Compliance
Officers b6, b7C (“Officer b6, b7C ”), b6, b7C (“Officer b6, b7C ”), and b6, b7C (“Officer b6, b7C ”).
The officers discussed the implementation of the ICE detention standards. Assistant Officer in
Charge b6, b7C and Compliance Officers b6, b7C , b6, b7C , and b6, b7C then led our delegation
on a tour of the facilities. The delegation appreciates the cooperation of these individuals; they
were direct and accommodating during our tour of the facility.
Our report is based on the discussions we had with these El Centro SPC staff members,
as well as observations of the facility and interviews with four immigration detainees. Two
detainees, one of whom was not interviewed by the delegation, sent subsequent letters to a
member of the delegation, detailing experiences that were not discussed during the interviews.
Where information in this report is based on those letters, it is explicitly noted. In many
instances, the detainees’ reports were compatible with statements made by facility personnel and
our observations. In such cases, the delegation was able to more accurately determine whether
El Centro SPC policies and procedures successfully meet the Standards. However, in certain
instances, the detainees’ reports conflicted with statements made by facility personnel. Where
we were unable to reconcile the conflicting reports, the delegation was unable to determine
conclusively whether the Standards are being met.
B.

General Information About the El Centro Detention Facility

According to Officer b6, b7C , the Facility has the capacity to hold over 500 individuals. 3
On the day we visited, El Centro SPC had a population of 414 inmates, all of whom were
immigration detainees. 4 On average, the facility houses between 450-500 detainees. 5 El Centro
SPC houses males exclusively. 6 The facility houses immigration detainees from many different
countries, including Mexico, Somalia, Iraq, and many Central American countries. 7
III.

2006 ABA REPORT ON EL CENTRO SPC

A review of the 2006 ABA report on El Centro SPC shows that problems persist with
regard to privacy for private phone calls, access to legal materials, and housing of violent
detainees. The 2006 ABA report indicated that detainees’ privacy was very limited when
making phone calls because all phones were grouped together in open, close-quartered common

Notes of delegation member

on conversation with Acting Officer in Charge (“OIC”)
on conversation with Acting OIC

Notes of delegation member

on conversation with Acting OIC

Notes of delegation member

on conversation with Acting OIC

Notes of delegation member

l, on conversation with Acting OIC

b6, b7C

.
.

b6, b7C

areas surrounded by other detainees or guards. 8 The 2006 report also indicated a lack of required
legal materials in the facility law library. 9 Lastly, the report stated that violent or disruptive
detainees were often housed with the general non-violent detainee population. 10 These problems
have apparently not been resolved.
IV.

LEGAL ACCESS STANDARDS
A.

Visitation
1.

Visitation by Attorneys

The Standards require that facilities permit legal visitation seven days per week. 11
Attorneys should have access to their clients eight hours per day during the week and four hours
per day during the weekend. 12 The visits must be private, and should not be interrupted for head
counts. 13 Facilities should establish a procedure by which attorneys may call to determine
whether a detainee is housed in a particular facility. 14 Detention centers should permit visits
from attorneys, other legal representatives, legal assistants, and interpreters. 15 If standard
operating procedures at the facility require strip searches after contact visits with a legal
representative, then the facility must provide an option for confidential non-contact visits with
legal representatives and a mechanism to exchange documents. 16
El Centro SPC substantially meets this section of the Standards; however, one
detainee stated that he is subject to a strip search after all non-contact visits. Attorneys may
visit the detainees seven days per week, and are also offered the option of telephone conferences
with their clients. 17 Law students and interpreters may meet with detainees as long as they or an
attorney have made a formal request to the El Centro SPC staff. 18
Attorneys are not allowed to schedule visits that start during counts, which occur at 8
a.m., 3:30 p.m., and 10:00 p.m. 19 However, an attorney may continue a visit that starts earlier
and runs into a count or mealtime. 20

2006 ABA report.

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

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

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.6.

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

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

Notes of delegation member

on conversation with Acting OIC

b6, b7C

, on conversation with Acting OIC
b6

Notes of delegation member

b6, b7C

, on conversation with Acting OIC

The facility has four attorney visitation booths. 21 All visits are non-contact, with a
Plexiglas divider between the detainee and the attorney. 22 An attorney can exchange documents
with a detainee through a monitored window. 23 According to Officer b6, b7C , attorneys are not
searched, and if documents are not exchanged, then detainees are also not subject to a search. 24
If documents are exchanged, Officer b6, b7C stated that a detainee is only subject to a pat down
search. 25 An officer must justify in writing the need for any strip search. 26 However, one
detainee told us that he was always strip searched after non-contact visits, including legal
visits. 27
Attorneys may call El Centro SPC to determine whether their client is being housed at the
facility. 28 According to Officer b6, b7C , El Centro SPC will go out of their way and perform a
name search if an attorney does not know a detainee’s Alien Identification Number. 29
2.

Visitation by Family and Friends

To maintain detainee morale and family relationships, the Standards encourage visits
from family and friends. 30 The Standards require that facilities establish written visitation hours
and procedures, post them where detainees can see them, and make them available to the
public. 31 This includes procedures for handling incoming money for detainees. 32 The visiting
area is to be “appropriately furnished and arranged, and as comfortable and pleasant as
practicable.” 33 Visiting hours shall be set on Saturdays, Sundays, and holidays, and the
Standards encourage facilities to accommodate visitors at other times when they are facing a
particular hardship. 34 Visits should be at least 30 minutes long, and longer when possible. 35

Notes of delegation member

Observations of delegation member

Notes of delegation member

, on conversation with Officer

Notes of delegation member

, on conversation with Officer

Notes of delegation member

, on conversation with Officer

Notes of delegation member

, on conversation with Acting OIC

Notes of delegation member

on conversation with Officer

b6
b6

b6, b7C

b6, b7C
b6

, on conversation with Officer

b6, b7C

on conversation with detainee

b6, b7C

on conversation with Officer
b6

b6, b7C

Notes of delegation member

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

Detention Operations Manual, Detainee Services, Standard 17, Section III.A & B.

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

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

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

on conversation with Officer

Visits should be granted to detainees in both disciplinary and administrative segregation unless a
detainee violates the visitation rules or threatens the security of the visitation room. 36
El Centro SPC does not meet this section of the Standards with regard to Level 3
detainees, who may receive visitors for only about twenty minutes and are subject to
unposted, limited visiting hours. While its visitation policies meet the Standards for Level 1
and Level 2 detainees, the visitations afforded to Level 3 detainees do not meet the Standards.
The visitation schedule for Level 1 and Level 2 detainees is clearly posted on the bulletin boards
in each barracks and the front door. 37 The schedule ensures that each detainee may receive
visitors on Saturdays, Sundays, and holidays. 38 Visits generally last for 45 minutes. 39 However,
if demand for visitation is high, the maximum time allowed will be lowered to allow all
detainees to see their visitors, although this generally only occurs on holidays. 40 All visits are
non-contact, and children are permitted to visit. 41
According to Level 3 detainees, a more restricted, unposted visitation schedule applies to
them. One Level 3 detainee reported that Level 3 detainees are only permitted to receive
visitors after 9:00 p.m. on weekdays or at 8:30 a.m. on weekends. 43 Detainees also reported that
visits for Level 3 detainees are limited to about 20 minutes.44
42

If a detainee expects visitors from out of town, the detainee can make a written request
for a longer visitation or different visitation hours. 45 Officer Munoz reported that concessions
are generally granted for these out of town visitors. 46 However, the detainees interviewed, each
of whom was Level 3, reported that concessions were not made for their out of town visitors. 47
One detainee’s family visited from Northern California, but was unaware that the visitation
schedule for Level 3 detainees was different than the posted schedule. 48 This detainee’s visitors
came to the facility during regular visiting hours and were refused admittance, requiring them to

Detention Operations Manual, Detainee Services, Standard 17, Section III.H.5.

b6
Observations of delegation member
notes of delegation members
b6
on conversation with Acting OIC b6, b7C

Notes of delegation member

, on conversation with Acting OIC
b6, b7C

Notes of delegation member

Notes of delegation member
, on conversation with Acting OIC
b6, b7C
b6
member
, on conversation with detainee
Notes of delegation member

Notes of delegation member

Notes of delegation members
b6, b7C
and

, on conversation with detainee

on conversation with detainee

and
.

b6
b6, b7C

and

Notes of delegation members
b6, b7C
and
Notes of delegation members

; notes of delegation
.
b6, b7C

, on conversations with detainees

b6, b7C

, on conversation with Acting OIC
b6, b7C

and
b6, b7C

b6, b7C

Notes of delegation members

, on conversation with Acting OIC

Notes of delegation members

, on conversation with Acting OIC
b6

, and

, on conversation with Acting OIC
and
.

, on conversations with detainees

on conversation with detainee

b6, b7C

leave and come back another day. 49 Another detainee reported that he requested extra time to
visit with a friend visiting from Northern California, which officials refused. 50 He was given
only fifteen minutes to visit with him. 51 Another day, his wife and children visited from
Colorado, but he was only given thirty minutes to visit with them. 52 Another detainee said he
was not aware that special arrangements could be made for out of town visitors. 53
B.

Telephone Access
1.

General Requirements

The Standards require that facilities provide detainees with reasonable and equitable
access to telephones during established facility waking hours.54 In order to meet this
requirement, facilities must provide at least one telephone for every twenty-five detainees. 55 The
Standards also require that telephone access rules be provided in writing to each detainee upon
admittance, and that the rules be posted where detainees may easily see them. 56
El Centro SPC meets this Standard. Each housing unit has its own set of phones and
the number was approximately one phone per fifteen detainees. 57 Detainees, including those in
the SMU, have access to the phone throughout the day. 58
Telephone usage rules and instructions regarding usage of the phones are posted next to
the phones in both English and Spanish. 59 The phone numbers of local consulates are posted by
each phone or bank of phones in the facility. 60
2.

Direct Calls and Free Calls

The Standards allow facilities to generally restrict calls to collect calls; 61 however, the
facility must permit detainees to make direct calls to the local immigration court and the Board
of Immigration Appeals, federal and local courts, consular officials, legal service providers,

Notes of delegation members

Notes of delegation member

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

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

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

Observations of delegation member

Notes of delegation member

, on conversation with Officer

Observations of delegation members

on conversation with detainee

b6, b7C

, on conversation with detainee
b6

, on conversation with detainee

b6, b7C

, on conversation with detainee
b6

on conversation with detainee

b6, b7C

and

b6, b7C

Observations of delegation members

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

and

government offices, and to family members in case of emergency. 62 The facility shall not
require indigent detainees to pay for these types of calls if local, nor for non-local calls if there is
a compelling need. 63 In addition, the facility “shall enable all detainees to make calls to the
provided list of free legal service providers and consulates at no charge to the detainee or the
receiving party.” 64
El Centro SPC substantially meets this section of the Standards; detainees are able
to make calls to local legal service providers and consulates at no charge. The delegation
observed notification of the ability to place free calls posted on bulletin boards by barracks
phone banks. 65 One member of the delegation tested a phone and successfully placed a free call
to a foreign consulate using the instructions posted next to the phone banks. 66 Still, one detainee
was not aware of their ability to make free calls.67 However, another detainee reported that he
was once permitted to use a supervisor’s phone to call his attorney for no charge when he did not
have any money. 68
3.

Telephone Access to Legal Representatives

The Standards provide that the facility shall not restrict the number of calls a detainee
places to his/her legal representatives, nor limit the duration of such calls by automatic cutoff,
unless necessary for security purposes or to maintain orderly and fair access to telephones. 69 If
time limits are necessary, they shall be no shorter than twenty minutes. 70 The Standards require
that the facility ensure privacy for detainees’ telephone calls regarding legal matters, and that
calls shall not be electronically monitored absent a court order. 71
El Centro SPC substantially meets this section of the Standards; however, detainees
may not be able to make private calls. Telephone calls made by detainees are not
automatically disconnected after a set period of time, although calls often randomly disconnect. 72
Detainees appear to be unable to make private telephone calls. 73 Phones are located in the public
dayrooms and separated by only a few feet and small partitions. 74 Facility personnel explained
62

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

Delegation observations.

Observations of delegation member

Notes of delegation member

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

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

Notes of delegation member
b6, b7C
and
.

, on conversations with detainees

Notes of delegation member

, on conversation with detainee

Observations of delegation member

, on conversation with detainee

on conversation with detainee

b6, b7C
b6, b7C

b6, b7C

that if a private call is necessary a detainee can specially request and arrange one, although no
formal guidelines existed. 75 However, one detainee reported that his request to El Centro SPC
staff to arrange a private phone call was denied. 76 El Centro SPC personnel reported that no
calls are monitored, and the detainees interviewed do not believe that calls are being
monitored. 77 However, one detainee who wrote a letter to a member of the delegation stated that
phone calls are subject to monitoring and recording. 78 El Centro SPC staff members are usually
present when detainees make phone calls. 79
4.

Incoming Calls and Messages

The Standards require that facilities take and deliver messages from attorneys and
emergency incoming telephone calls to detainees as promptly as possible. 80 If the facility
receives an emergency telephone call for a detainee, the Standards suggest that the facility obtain
the caller’s name and number and permit the detainee to return the emergency call as soon as
possible. 81
El Centro SPC substantially meets this section of the Standards; however,
information provided by Officers b6, b7C and b6, b7C and two detainees conflicts with
information provided by another detainee. Officer b6, b7C stated that messages are delivered
on the day they are received, Monday through Friday, and Officer b6, b7C stated that messages
are delivered immediately upon receipt. 82 While two detainees agreed that messages were
promptly delivered, 83 another detainee stated that on two occasions messages from his attorney
were delivered two to three days after the message was taken. 84
5.

Telephone Privileges in Special Management Unit

Notes of delegation member

, on conversation with Officer

b6, b7C

, on conversation with detainee

b6, b7C

Notes of delegation member
, on conversation with Officer
b6, b7C
b6
member
, on conversation with detainee

b6, b7C

; notes of delegation

b6
Letter from Detainee A to
, dated May 22, 2007. The delegation did not meet with this
individual; he wrote to the delegation after their tour.

Notes of delegation member

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

b6
on conversation with Officer
Notes of delegation members
b6
members
, on conversation with Officer b6, b7C

Notes of delegation members
b6, b7C
and

Notes of delegation member

, on conversation with detainee

b6, b7C

and

b6, b7C

; notes of delegation

on conversations with detainees

, on conversation with detainee

b6, b7C

The Standards provide that detainees in the Special Management Unit (“SMU”) for
disciplinary reasons shall be permitted to make direct and/or free calls, except under compelling
security conditions. 85
El Centro SPC meets this section of the Standards. Detainees at El Centro SPC placed
in the SMU for disciplinary reasons have full access to telephones. 86 One detainee temporarily
placed in the SMU noted that SMU staff gave him ample opportunity to use the phones. 87
C.

Access to Library and Legal Materials

All facilities “shall permit detainees access to a law library, and provide legal materials,
facilities, equipment and document copying privileges, and the opportunity to prepare legal
documents.” 88
1.

Library Access

The Standards suggest that each facility shall have a flexible schedule for law library use
that permits all detainees, regardless of housing or classification, to use the law library on a
regular basis. 89 Each detainee shall be permitted to use the law library for a minimum of five
hours per week. 90
El Centro SPC meets this section of the Standards. El Centro SPC permits all
detainees to use the law library for one hour per day, and allows the detainees to spend extra time
in the library if needed. 91 Detainees can access the library for about four hours on Saturday and
two hours on Sunday. 92 Detainees’ regularly scheduled library time does not conflict with their
recreation time. 93 However, if a detainee needs extra library time, he must choose between using
the library and taking recreation time. 94 While the library’s maximum occupancy is fifteen to
twenty people, a rotating schedule has been developed so that only a limited number of detainees
will use the library at one time. 95 More than fifteen to twenty detainees seldom want to use the

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

Notes of delegation member
b6
delegation member

on conversation with Acting OIC

observations of

b6, b7C

Notes of delegation member

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

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

Notes of delegation member

on conversation with detainee

, on conversation with Acting OIC

b6
b6

b6, b7C

on conversation with detainee
, on conversation with Acting OIC

b6, b7C

b6, b7C
b6, b7C

, on conversation with detainee
, on conversation with Acting OIC

.
b6, b7C

b6, b7C

library at once. 96 The facility has not received any complaints about library access from
detainees. 97
2.

Library Conditions

The Standards require that a facility provide a law library with sufficient space to
facilitate detainees’ legal research and writing. 98 Furthermore, the law library must be large
enough “to provide reasonable access to all detainees who request its use. It shall contain a
sufficient number of tables and chairs in a well-lit room, reasonably isolated from noisy areas.” 99
El Centro SPC does not fully meet this section of the Standards because computers
are often inoperable. El Centro SPC has one law library. 100 It is well lit, has ample space, and
is well-isolated from noise and foot traffic. 101 The library provides access to five computers,
four typewriters, a copy machine, and other desks and chairs. 102 Additionally, this library is
located in an enclosed room that is free of distractions and noise. 103
One detainee reported that computers were often inoperable or unavailable. 104 Often,
computers are unavailable because they are all being used by detainees. 105 Also, at times the
facility allows passwords for the LexisNexis software to expire, rendering the software
inoperable. 106 Officer b6, b7C also stated that there is sometimes a problem with the LexisNexis
passwords expiring. 107 One detainee reported that, about three months before the interview, the
facility went four or five weeks without an operable computer. 108
3.

Materials Identified in the Detention Standards

The Standards require that all facility law libraries contain the materials listed in
Attachment A to the chapter on Access to Legal Materials. 109 These materials must be updated
regularly, and information must be added on significant regulatory and statutory changes

Notes of delegation member

on conversation with Acting OIC
b6

b6, b7C

Notes of delegation member

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

100

Notes of delegation member

101

Observations of delegation member

102

Observations of delegation member

103

Observations of delegation member

104

Notes of delegation member

on conversation with detainee

105

Notes of delegation member

on conversation with detainee

106

Notes of delegation member

107

Notes of delegation member

on conversation with Officer

108

Notes of delegation member

on conversation with detainee

109

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

on conversation with Acting OIC

b6, b7C

.
b6

.
.

b6, b7C

on conversation with detainee

b6, b7C

.
b6, b7C

regarding detention and deportation of aliens in a timely manner. 110 Damaged or stolen
materials must be promptly replaced. 111
El Centro SPC appears to meet this section of the Standards, although it was
unclear whether all of the required materials were available on the LexisNexis CD ROM.
Officer b6, b7C informed us that ICE recently announced that the legal materials listed in
Attachment A were no longer required. 112 Instead, ICE only requires facilities to provide
detainees with access to a standardized LexisNexis CD ROM of immigration law materials on
each computer. 113 Despite this policy change, the facility will continue to maintain its hardcopy
library. 114 While LexisNexis provides access to numerous legal materials, a delegation member
who reviewed the LexisNexis CD ROM was unable to find some of the secondary resources
listed on Attachment A to the chapter on Access to Legal Materials—the delegation member had
some difficulty navigating the disc. 115 Still, the facility’s library was updated with all of the
required hardcopy books listed on Attachment A. 116 The LexisNexis CD ROM is updated
quarterly and the hardcopy library is now updated annually. 117 It is difficult for detainees to
navigate the CD ROMs and they need instruction on how to use the software. 118 The facility
does provide library workers to help detainees find useful materials, but does not train detainees
on how to operate the software. 119 As mentioned in the previous section, computers are
sometimes inoperable or unavailable, which at times makes accessing the CD ROMs difficult if
not impossible. 120
4.

Library Equipment and Supplies

The Standards require that facility law libraries provide an adequate number of
typewriters and/or computers, writing implements, paper, and office supplies to enable detainees
to prepare documents for legal proceedings. 121 Staff must inspect this equipment at least weekly

110

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

111

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

112

Notes of delegation member

113

Notes of delegation member

114

Notes of delegation member

115

Observations of CD ROM by delegation member

116

Observations and Notes of delegation members

117

Notes of delegation member

118

Notes of delegation member

119

Notes of delegation member

120

Notes of delegation member

121

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

on conversation with Acting OIC
on conversation with Acting OIC

b6, b7C

on conversation with Acting OIC
b6
b6

.
and

, on conversation with a Compliance Officer.

b6
b6

, on conversation with detainee
on conversation with Acting OIC

b6
b6

, on conversation with detainee

b6, b7C
b6, b7C
b6, b7C

to ensure equipment is in working order and to stock sufficient supplies. 122 In addition, indigent
detainees must be provided free envelopes and stamps for legal mail.123
El Centro SPC meets this section of the Standards. The library has five computers,
four typewriters, a recently purchased copy machine, and three printers. 124 While detainees
complained that the computers are often out of service, they all appeared to function properly
during our visit. 125 Also, while the old copy machine often broke down, the copy machine
recently purchased by the facility performs adequately.126 Library workers inspect all equipment
at the beginning and end of the day. 127 The facility also provides pencils, free envelopes, and
stamps for domestic mail to all detainees. 128 If a detainee needs to send international mail,
someone from the outside has to send him stamps. 129
5.

Photocopies/ Printing

The Standards provide that each facility shall ensure that detainees can obtain
photocopies of legal materials, when such copies are reasonable and necessary for legal
proceedings involving the detainee. 130 Enough copies must be provided so that a detainee can
fulfill court procedural rules and retain a copy for his records. 131 Facility personnel may not read
a document that on its face is clearly related to a legal proceeding involving the detainee. 132
El Centro SPC meets this section of the Standards. El Centro SPC allows detainees to
have a reasonable number of copies made free of charge.133 If an inmate asks a library worker,
he will make copies of whatever documents the detainee needs. 134 While detainees said that
facility personnel were under pressure to keep the number of copies made low, none had strong

122

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

123

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

124

Observations of delegation member

125

Notes of delegation member
observations of delegation member

126

b6
b6
b6

Notes of delegation member

on conversation with Acting OIC
, on conversation with detainee
.

Notes of delegation member

128

Notes of delegation member

b6, b7C

, on conversation with Acting OIC
, on conversation with Acting OIC

b6, b7C

129

Notes of delegation member

130

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

131

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

132

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

133

Notes of delegation member

134

b6, b7C

, on conversation with Acting OIC
b6

127

b6, b7C

, on conversation with detainee

, on conversation with Acting OIC
b6, b7C

Notes of delegation member

b6, b7C

, on conversation with Acting OIC

complaints about this system. 135 A detainee can also print cases and legal materials from the
Lexis CD ROM, within reason. 136
6.

Assistance From Other Detainees

The Standards require that each facility permit detainees to assist other detainees in
researching and preparing legal documents upon request, except when such assistance poses a
security risk. 137
El Centro SPC meets this section of the Standards. Detainees are allowed to assist
other detainees with research as long as they have the same security classification. 138 One
detainee reported helping numerous detainees with research, although facility staff did not allow
him to teach classes on how to type or effectively use the library. 139 While this detainee helps
illiterate and non-English speaking detainees to the best of his ability, he likens his assistance to
“the blind leading the blind,” and does not know how much his assistance actually helps. 140
7.

Notice to Detainees

The Standards require that the detainee handbook provide detainees with the rules and
procedures governing access to legal materials. 141
El Centro SPC meets this section of the Standard: the handbook provides detainees
with the rules and procedures governing access to legal materials. 142
D.

Group Rights Presentations

The Standards provide that facilities holding ICE detainees “shall permit authorized
persons to make presentations to groups of detainees for the purpose of informing them of U.S.
immigration law and procedures, consistent with the security and orderly operation of each
facility.” 143 Informational posters are to be prominently displayed in the housing units at least
forty-eight hours in advance of a scheduled presentation. 144 While the presentations are open to
all detainees, the facility “may limit the number of detainees at a single session.” 145 “The facility
135

Notes of delegation member
notes of delegation member

b6
b6

on conversation with detainee
, on conversation with detainee

136

Observations of delegation member

137

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

138

Notes of delegation member

139

Notes of delegation member

, on conversation with Acting OIC

on conversation with Acting OIC

b6, b7C
b6, b7C
b6, b7C

b6, b7C

on conversation with detainee
b6

b6, b7C

140

Notes of delegation member

141

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

142

Notes of delegation member

143

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

144

Detention Operations Manual, Detainee Services, Standard 9, Section III.C.

145

Detention Operations Manual, Detainee Services, Standard 9, Section III.C.

on conversation with detainee

on El Centro SPC Detainee Handbook.

shall select and provide an environment conducive to the presentation, consistent with
security.” 146 In addition, detainees shall have regular opportunities to view an “INS-approved
videotaped presentation on legal rights.” 147
It is unclear whether El Centro SPC fully meets this section of the Standards; one
detainee did not recall seeing the video presentation on legal rights. According to El Centro
SPC personnel, a group can make a presentation as long as it is pre-approved by the San Diego
ICE office. 148 However, no groups have recently given group rights presentations. 149
Officer b6, b7C stated that when detainees first arrive at El Centro SPC, a video on
detainee rights is played continuously in English and Spanish. 150 At least one detainee had no
recollection of seeing this video. 151
V.

OTHER PROVISIONS OF THE ICE DETENTION STANDARDS
A.

Correspondence and Other Mail

The Standards require that detainees be allowed to send and receive correspondence in a
timely manner, subject to limitations required for safety, security, and orderly operation of the
facility. 152 General correspondence shall normally be opened and inspected for contraband in
the presence of the detainee, but may be opened and even read outside the presence of the
detainee if security reasons exist for doing so. 153 Special correspondence—which includes all
written communication to or from attorneys, legal representatives, judges, courts, government
officials, and the news media—is treated differently. 154 Incoming special correspondence can be
inspected for contraband only in the presence of the detainee, but it can never be read or
copied. 155 Outgoing special correspondence may not be opened, inspected, or read. 156
The detainee handbook must specify how to address correspondence, the definition of
special correspondence and how it should be labeled, and the procedure for purchasing postage
and rules for providing indigent detainees free postage. 157 The Standards also require that

146

Detention Operations Manual, Detainee Services, Standard 9, Section III.E.

147

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

148

Notes of delegation member

149

Notes of delegation member

on conversation with Acting OIC

b6, b7C

, on conversation with Acting OIC
b6, b7C

150

Notes of delegation member

151

Notes of delegation member

152

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

153

Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.

154

Detention Operations Manual, Detainee Services, Standard 3, Sections III.B, E, & F.

155

Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.

156

Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & F.

157

Detention Operations Manual, Detainee Services, Standard 3, Sections III.B.

, on conversation with Acting OIC
b6

, on conversation with detainee

b6, b7C

facilities provide indigent detainees with free envelopes and stamps for mail related to a legal
matter, including correspondence to a legal representative, potential representative, or any
court. 158 Finally, the Standards require that facilities notify detainees of specific information
regarding correspondence policies. 159
El Centro SPC substantially meets this section of the Standards; however,
information provided by El Centro SPC personnel and one detainee conflicts with
information provided by two other detainees who stated that mail may not always be
delivered and can be slow. El Centro SPC personnel report that mail is delivered to detainees
Monday through Friday, no more than twenty-four hours after being delivered to the facility. 160
According to personnel, no letters are rejected. 161 If a package is not pre-approved by facility
personnel, it will be rejected and notification letters will be sent to the sender and recipient. 162
Detainees stated that special correspondence is opened in the presence of the detainee. 163 The
facility also provides all detainees with stamps and envelopes. 164
One detainee noted that generally the mail service was quite good. 165 However, two of
the four detainees had complaints about the mail. One detainee stated that the mail seems
slow. 166 He has also had problems sending mail. 167 Once, a letter that he sent to the Director of
ICE was returned to him undelivered for the reason that it failed to list the Director’s Anumber. 168 Another detainee noted that it took more than one day for the facility to deliver
mail. 169 After his interview, this detainee sent several letters with various documents to a
member of the delegation. 170 One of these letters, which the detainee said he mailed on August
9, 2007, was postmarked August 14, 2007 and returned to the detainee because the facility
attached insufficient postage. 171 When the detainee resent the letter, using stamps he purchased
himself, the letter was delivered on August 28, 2007. 172 As the envelope itself did not have a
dated postmark, it is impossible to know for certain how many days it took to be processed and
158

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

159

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

160

Notes of delegation member

161

Notes of delegation member

, on conversation with Acting OIC
, on conversation with Acting OIC

.
b6, b7C

162

Notes of delegation member

, on conversation with Acting OIC

163

Notes of delegation member
and b6, b7C .

, on conversations with detainees

164

Notes of delegation member

165

Notes of delegation member

166

Notes of delegation member

on conversations with Acting OIC

, on conversation with detainee

.
b6, b7C

b6, b7C
b6, b7C

, on conversation with

167

Notes of delegation member

, on conversation with

168

Notes of delegation member

, on conversation with

169

Notes of delegation member

170

Observation of delegation member

171

Letter from Detainee

172

Observation of delegation member

on conversations with detainee
b6

b6, b7C

.
b6, b7C

delivered. 173 The detainee stated that he sent three additional letters to the delegation member,
but the delegation member has received only one other letter. 174 He therefore believes his mail to
the delegation is purposefully being held back. 175
B.

Detainee Handbook

The Standards require that every Officer in Charge develop a site-specific detainee
handbook to serve as an overview of detention policies, rules, and procedures. 176 Every detainee
should receive a copy of the handbook upon admission to the facility. 177 The handbook will be
written in English and translated into Spanish and other prevalent languages as appropriate. 178
The handbook must include visitation hours and rules. 179 The handbook must notify detainees of
the facility correspondence policy. 180 The grievance section of the handbook must provide
notice of the opportunity to file both formal and informal grievances and the procedures for
filing grievances and appeals. 181 The handbook must provide notice of the facility’s rules of
conduct and the sanctions imposed. 182 It must advise detainees of rights including the right to
protection from abuse, right to freedom from discrimination, and right to pursue a grievance. 183
The handbook must also state that detainees have the opportunity to submit written questions,
requests, or concerns to ICE staff and the procedures for doing so. 184 The Officer in Charge will
provide a copy of the handbook to every staff member who has contact with detainees. 185
It is unclear whether El Centro SPC fully meets this section of the Standards: the
facility permitted the delegation to see a Handbook, but informed the delegation that it
could not be disseminated. 186 The Handbook was recently revised. 187 Detainees reported
receiving the Handbook upon entering the facility. 188 However, one detainee reported that the
173

Observation of delegation member

174

Letter from Detainee

observation of

b6, b7C

175

Letter from Detainee

176

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

177

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

178

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

179

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

180

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

181

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

182

Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.

183

Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.

184

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.

185

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

186

Delegation observations.

187

Notes of delegation member

188

b6, b7C
b6
Notes of delegation member
on conversations with detainees
b6,
b7C
b6
b6, b7C
and
; notes of delegation member
, on conversations with detainee
b6, b7C
b6, b7C ; notes of delegation member
, on conversations with detainee
b6

, on Detainee Handbook.

procedures outlined in the Handbook were not always followed. 189 He stated that facility
personnel often “do their own thing” instead of following the Handbook. 190 Another detainee
believed that the Handbook accurately described conditions in the facility. 191
C.

Recreation

The Standards require that all detainees have access to recreational programs and
activities, under conditions of security and safety. 192 Detainees should be housed in facilities
with outdoor recreation. 193 If a facility only provides indoor recreation, detainees must have
access for at least one hour per day, including exposure to natural light.194 Detainees should
have access to “fixed and movable equipment,” including opportunities for cardiovascular
exercise, and games and television in dayrooms. 195 Under no circumstances will a facility require
detainees to forego law library privileges for recreation privileges. 196
It is unclear whether El Centro SPC fully meets this section of the Standards; one
detainee reported that more than half of the allotted recreation time is spent waiting in line.
El Centro SPC has indoor and outdoor recreation facilities. 197 Every detainee is afforded of one
hour of recreation time per day. 198 Detainees can play basketball, soccer, or run outdoors, while
indoors they can play board games, table tennis, and have access to musical instruments. 199 The
facility also employs a recreation specialist. 200 Still, one detainee noted that, while recreation
time was technically an hour, the detainees are required to spend thirty-five of those minutes in
line for their daily change of clothing in the laundry room, which takes place during the
recreation period. 201
D.

Access to Medical Care

The Standards require that all detainees have access to medical services that promote
detainee health and general well-being. 202 Each facility is required to have regularly scheduled
189

Notes of delegation member

on conversations with detainee
b6

b6, b7C

190

Notes of delegation member

191

Notes of delegation member

192

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

193

Detention Operations Manual, Detainee Services, Standard 13, Section III.A, which also provides that “all new
or renegotiated contracts and IGSAs will stipulate that INS detainees have access to an outdoor recreation area.”

194

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

195

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

196

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

197

Notes of delegation member

198

Notes of delegation member

on conversations with detainee
b6

, on conversations with detainee

b6, b7C

on conversation with Acting OIC
on conversation with Acting OIC
b6

b6, b7C

199

Notes of delegation member

on conversation with Acting OIC

200

Notes of delegation member

on conversation with Acting OIC

201

Notes of delegation member

202

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

on conversation with detainee

b6, b7C

times, known as sick call, when medical personnel are available to see detainees who have
requested medical services. 203 For a facility of over 200 detainees, there must be sick call five
days per week. 204 Facilities must also have procedures in place to provide emergency medical
care for detainees who require it. 205 With respect to emergency care, the Standards state that in a
situation in which a detention officer is uncertain whether a detainee requires emergency medical
care, the officer should immediately contact a health care provider or an on-duty supervisor. 206
If a detainee is diagnosed as having a medical or psychiatric condition requiring special attention
(e.g., special diet), the medical care provider is required to notify the Officer in Charge in
writing. 207
It is unclear whether El Centro SPC fully meet this section of the Standards;
information provided by El Centro SPC personnel conflicts with information provided by
the detainees, who stated that care can be slow and is not adequate for those in longer-term
detention. In two cases the facility has not provided operations that doctors have
prescribed. One detainee was denied prescribed medication for several days because a
facility computer crashed. All detainees at El Centro SPC are screened for medical issues upon
their initial processing, which takes place on the day they arrive at the facility. 208 Each detainee
is given a brief medical examination, including x-rays for tuberculosis. 209 The tuberculosis xrays are processed off-site and returned to the facility within 4 hours. 210 The infirmary has four
isolation rooms used to separate those with tuberculosis and other communicable diseases. It is
also used for suicide watch. 211 The facility has one clinical doctor, two physician assistants, and
one nurse practitioner on call, and always maintains two nurses on staff. 212 The facility provides
triage service in the case of emergency but does not perform any surgery. 213 Furthermore,
regular mass injury triage drills are conducted for the staff. 214 There is a pharmacy and
pharmacy technician on-site. 215 Sick call is available seven days per week. Officer Munoz
reported that detainees will receive all non-cosmetic medical care that they need, and that

203

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

204

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

205

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

206

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

207

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

208

Notes of delegation member

209

Notes of delegation member

on conversation with Acting OIC

Notes of delegation member

211

Notes of delegation member
Notes of delegation member

213

Notes of delegation member

on conversation with Officer
, on conversation with Officer
b6, b7C

, on conversation with Officer
, on conversation with Officer

and Acting OIC
b6, b7C

214

Notes of delegation member

215

Notes of delegation member

b6, b7C

212

and Acting OIC

on conversation with Officer
b6

210

b6, b7C

, on conversation with Officer
, on conversation with Acting OIC

.
b6, b7C

b6, b7C

detainees are not released from the facility until administrators are confident the detainee has
adequate healthcare outside of the facility. 216
According to the facility administrators, when a sick call request is put in by a detainee,
the detainee is seen within twenty-four hours. 217 According to the detainees interviewed, the
turnaround time is closer to forty-eight to seventy-two hours. 218 According to one detainee,
when a sick call request is put in, a detainee will see a nurse who performs a screening and
determines whether the detainee needs to see a doctor.219 He also stated that if there is an
emergency medical need, a detainee will be immediately seen, and if it is determined that
immediate care is necessary, the detainee will be taken to the local hospital. 220
The facility is in the process of hiring a full-time mental health provider, but currently has
an on-call psychologist who visits twice per week and a contract psychiatrist who visits as
needed. 221 Detainees who need mental health services are identified during the initial medical
screening or when the detainee says he needs help, threatens to hurt himself, or otherwise acts in
an alarming way. 222
All of the detainees interviewed had complaints about the medical care. These
complaints ranged from long waits to see a doctor, to lack of resources to provide anything but
basic remedies like pain killers and fungal creams. 223 In general the detainees felt that the
medical care was adequate for detainees in custody for less than six months, but the long-term
medical care was not sufficient. 224 In the words of one detainee, “If [they] don’t watch it,
someone is going to die here.” 225 Detainee b6, b7C wrote the following in a grievance he filed
with the facility expressing his discontent with the medical care:
Action requested by detainee: To be treated with dignity and respect and not like
animals. There has been some dangerous cases and instances where detainees could have

216

Notes of delegation member

217

Notes of delegation member

218

Notes of delegation members
b6, b7C
b6, b7C and

219

Notes of delegation member
Notes of delegation member

221

Notes of delegation member

and

on conversations with detainees

Notes of delegation member

223

Notes of delegation members
b6, b7C
b6, b7C
and

b6, b7C

on conversation with detainee
b6, b7C

on conversation with detainee
on conversation with Acting OIC
b6, b7C

222

225

b6, b7C

on conversation with Acting OIC

220

224

on conversation with Acting OIC
b6

on conversation with Acting OIC
and

on conversation with detainees

b6, b7C

b6
Notes of delegation member
and b6, b7C ; Letter from Detainee A to

on conversations with detainees

Notes of delegation member

on conversation with detainee

b6, b7C

lost some limbs and maybe even their lives because detainees were diabetic. WE NEED
PROPER MEDICAL CARE WITH RESPECT AS HUMAN BEINGS, not cattle. 226
Approximately three weeks before the delegation’s visit, Detainee b6, b7C was rushed to
the emergency room with chest pains and was told that he needs a pacemaker. 227 The facility
has been non-responsive to his inquires into these medical needs. 228 As a result, Mr. b6, b7C
fears that he may die before he receives the required medical attention. 229
Detainee b6, b7C had several complaints. First, the facility is aware that he requires a
special diet to control his diabetes. 230 However, when he complained about the special meals,
they took away his special meals card and refused his subsequent requests for special meals. 231
Additionally, the facility refused his requests to have his blood sugar level tested. 232 Second, he
has an extremely painful ingrown toenail that the doctors refuse to treat, despite the fact that it
sometimes prevents him from walking. 233 Third, he has a heart condition that requires careful
monitoring of his blood pressure. 234 However, the medical staff will not check his blood
pressure when he requests it. 235 Finally, he needs new glasses, which the facility refuses to
provide. 236 He is in need of an eye exam and has offered to pay for his own exam and eye
glasses, but his request for an exam continues to be denied. 237
Detainee b6, b7C has shoulder problems that required surgery in 2005 and cause him
tremendous pain. 238 However, the inability of the facility to provide therapy post-surgery has
caused his injury not to heal properly and requiring him to rely on pain killers. 239 The facility
only offers four types of pain killers, three of which cause Mr. b6, b7C to bleed internally. 240
Therefore, he was prescribed the fourth type of painkiller, which is a narcotic, although he was

226

b6, b7C
Copy of a grievance form filed by detainee
. The copy was provided to delegation
member
upon completion of her interview with Mr. b6, b7C
b6

227

Notes of delegation members

and

, on conversation with detainee

b6, b7C

228

Notes of delegation member

, on conversation with detainee
b6

229

Notes of delegation member

230

Notes of delegation member

b6, b7C

, on conversation with detainee
on conversation with detainee
b6, b7C

231

Notes of delegation member

232

Letter from detainee

233

Notes of delegation member

234

Notes of delegation member

on conversation with detainee
to

b6, b7C

, on conversation with detainee
, on conversation with detainee
b6, b7C

235

Notes of delegation member

, on conversation with detainee

236

Notes of delegation member

, on conversation with detainee

237

Letter from detainee

238

Notes of delegation member

239

Notes of delegation member

240

Notes of delegation member

b6, b7C

, on conversation with detainee
b6

, on conversation with detainee
, on conversation with detainee

.
b6, b7C

.
.

b6, b7C

not informed of this fact. 241 The drug’s effectiveness started wearing off, but when b6, b7C
stopped taking it, he went into severe withdrawal because he had, unknowingly, become addicted
to the drug. 242 Mr. b6, b7C is now taking the drug again because it is the only painkiller the
facility will give him, but he believes that the drug is damaging his internal organs. 243 Doctors
have told him that the side effects of the drug are bad, but that they are unable to do anything
additional to help him. 244 Doctors have also told him that he needs to have another operation on
his shoulder, but that the facility will not give him the operation. 245
Detainee b6, b7C also has complaints about the way he is treated by the medical staff. 246
b6, b7C
stated that Dr. b6 the facility’s main doctor, was tired of receiving his medical
b6
requests and refuses to see him. 247 Therefore, he only sees Dr.
who is not based out of
b6
the El Centro facility and is often away from the facility for weeks. 248 When Dr.
is not
249
available, Mr. b6, b7C does not receive medical attention.
In these instances, when Mr. Forero
seeks medical care from Dr. b6 he is given the “runaround” and “treated very nast[ily]” and
b6
told that “[your] doctor is
.” 250
Additionally, Mr. b6, b7C has difficulties receiving and taking medicine according to
physician instructions. 251 First, he is prescribed a gastrointestinal medicine that his physician
instructed him to take at night. 252 However, the facility staff refuses to give it to him at night and
instead make him take it in the morning. 253 Second, approximately two weeks before he was
interviewed, facility computers that housed detainee prescription information crashed. 254 He
went several days without his blood pressure medication before the facility staff got the
computer on line and provided him with his medication. 255
A fifth detainee wrote a letter to a member of the delegation describing his concern with
the medical care provided at the facility. 256 He is in need of new eye glasses or contact lenses
241

Notes of delegation member

, on conversation with detainee

242

Notes of delegation member

, on conversation with detainee

243

Notes of delegation member

, on conversation with detainee

244

Notes of delegation member

, on conversation with detainee

245

Notes of delegation member

, on conversation with detainee

246

Notes of delegation member

, on conversation with detainee

247

Notes of delegation member

, on conversation with detainee

248

Notes of delegation member

249

Notes of delegation member

, on conversation with detainee

250

Notes of delegation member

, on conversation with detainee

251

Notes of delegation member

, on conversation with detainee

252

Notes of delegation member

, on conversation with detainee

253

Notes of delegation member

, on conversation with detainee

254

Notes of delegation member

, on conversation with detainee

255

Notes of delegation member

, on conversation with detainee

256

Letter from Detainee A to

, on conversation with detainee

dated May 22, 2007.

b6, b7C

but the facility refuses to provide an eye exam. 257 He was informed that his family may
purchase and send him glasses or contacts but the detainee stated that without an exam his family
will not know what prescription he needs. 258 According to his letter, his request to pay for the
exam himself was denied for security reasons. 259
Two detainees indicated the medical staff genuinely wants to help them, but they simply
do not have the resources to do so. 260 To this end, Officer b6, b7C informed us that a majority of
the facility’s budget goes to medical care. 261
E.

Access to Dental Care

The Standards require that detainees have an initial dental screening exam within 14 days
of the detainee’s arrival, and require the facility to provide emergency dental treatment and
repair of prosthetic appliances. 262 For detainees who are held in detention for over six months,
routine dental treatment may be provided, including amalgam and composite restorations,
prophylaxis, root canals, extractions, x-rays, the repair and adjustment of prosthetic appliances
and other procedures required to maintain the detainee’s health. 263
El Centro SPC does not meet this section of the Standards. The detainees do not
receive the initial dental screening required under the Standards. 264 According to one
detainee, the dentist only comes about twice per month, during which time he has to see
everybody. 265 One detainee with tooth problems has repeatedly been told that the facility does
not have a dentist who can see him. 266 Another detainee noted that all the dentist will do is pull
teeth. 267 One detainee wrote the following in a letter to ICE administrators:
I have filled out and sent many requests for dental help at ICE . . . finally, I guess because
they saw I was not going to leave them alone, they called me in only to tell me that they
do not do dental work to [anybody] unless you have been detained one whole year . . . So,
I [sent] a dental request a couple of days afterwards of my year [in detention], and about
7 more requests within a period of time of about 3 months and . . . NOTHING! They
never called me or answered my requests anymore. . . . Based on this personal
257

Letter from Detainee A to

258

Letter from Detainee A to

259

Letter from Detainee A to

260

Notes of delegation members
b6, b7C
b6, b7C
and

dated May 22, 2007.
dated May 22, 2007.

dated May 22, 2007.
and

, on conversations with detainees

261

Notes of delegation member

262

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

263

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

264

Notes of delegation member
notes of delegation member

265

Notes of delegation member

266

Notes of delegation member

267

, on conversation with Acting OIC

b6
b6

b6, b7C

, on conversation with detainee
on conversation with detainee
, on conversation with detainee

b6, b7C

, on conversations with detainee
, on conversations with detainee

.
b6, b7C

Notes of delegation member

b6, b7C

experience and seeing many other dental and medical abuses to myself and other
detainees I conclude that [ICE] lies, cheats, and tricks ICE detainees about medical and
dental services . . . [this policy] must stop and be replaced with a comprehensive health
system that reflects civilized human beings instead of animals herding animals. 268
Officer
F.

b6, b7C

noted that a full time dentist would start next month. 269

Detainee Classification System

The Standards require that detention facilities use a classification system and physically
separate detainees into different categories. 270 Detainees must be assigned to the least restrictive
housing unit consistent with facility safety and security. 271 A detainee’s classification is to be
determined on “objective” criteria, including criminal offenses, escape attempts, institutional
disciplinary history, violent incidents, etc. 272 Classification is required in order to separate
detainees with no or minimal criminal records from inmates with serious criminal records. 273
Detainees with a history of assaultive or combative behavior are not to be housed with nonassaultive detainees. 274
All facility classification systems shall allow classification levels to be re-determined and
include procedures by which new arrivals can appeal their classification levels. 275 Finally, the
detainee handbook’s section on classification must include (1) an explanation of the
classification levels, with the conditions and restrictions applicable to each, and (2) the
procedures by which a detainee may appeal his classification. 276
It is unclear the extent to which El Centro SPC meets this section of the Standards;
detainees stated that violent detainees are housed with non-violent detainees, and that they
are not aware of how they are classified or how to appeal. All detainees and inmates are
classified when they first arrive at the facility. 277 Within twelve hours of arrival detainees are
housed according to their classification, with non-violent detainees separated from violent
detainees. 278

268

Excerpt from a letter written by detainee
copy of the letter to delegation member

269

Notes of delegation member

on conversation with Acting OIC

270

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

271

Detention Operations Manual, Detainee Services, Standard 4, Section III.F.

272

Detention Operations Manual, Detainee Services, Standard 4, Section III.D.

273

Detention Operations Manual, Detainee Services, Standard 4, Sections III.A & E.

274

Detention Operations Manual, Detainee Services, Standard 4, Section III.F.

275

Detention Operations Manual, Detainee Services, Standard 4, Sections III.G & H.

276

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

277

Notes of delegation member

278

b6, b7C

to ICE officials. Mr. b6, b7C provided a
at the conclusion of their interview.

, on conversation with Acting OIC
b6

Notes of delegation member

b6, b7C

.
b6, b7C

, on conversation with Acting OIC

El Centro SPC uses three levels of classification: Level 1 detainees are basic status
violators, Level 2 detainees are non-violent misdemeanor criminals, and Level 3 are violent
offenders. 279 Level 1 and 2 detainees are allowed to commingle, but Level 3 detainees are
segregated. 280 Segregation of homosexual and transgender detainees is handled on a case-bycase basis. 281 If a detainee has had a sex change then he is automatically segregated, but if the
detainee is homosexual and has no sex reassignment he is allowed in the general population
unless he requests special care or causes a distraction. 282 The volunteer work programs are
segregated: Level 3 detainees have their own set of volunteer workers who perform jobs that
only require interaction with the other Level 3 detainees. 283 Detainees classified at different
levels are allowed to attend religious services together. 284
The detainees were largely unaware of how the classification process occurred. One
detainee insisted violent detainees are housed with non-violent ones, and that the facility does
not explain how people are classified. 285 A Level 3 detainee believed that he did not belong in
Level 3 housing, and said he was not informed why he was placed there.286 One of the detainees
also wanted to appeal his classification but was not aware of any re-classification ever occurring
at the facility. 287
G.

Detainee Grievance Procedures

The Standards require that every facility develop and implement standard procedures for
handling detainee grievances and encourage that the facility initially seek to resolve grievances
informally before having to engage in a more formalized procedure. 288 Translating assistance
for both formal and informal grievances must be provided upon request. 289 The Standards also
require that each facility establish a reasonable time limit for: (1) “processing, investigating, and
responding to grievances;” (2) “convening a grievance committee to review formal complaints;”
and (3) “providing written responses to detainees who filed formal grievances, including the

279

Notes of delegation member

, on conversation with Acting OIC
b6

280

Notes of delegation member

281

Notes of delegation member

282

Notes of delegation member

283

Notes of delegation member

284

Notes of delegation member

b6, b7C

, on conversation with Acting OIC
on conversation with Acting OIC

b6
b6

on conversation with Acting OIC
on conversation with Officer

b6, b7C

.
b6, b7C

, on conversation with detainee
b6

.
b6, b7C

285

Notes of delegation member

286

Notes of delegation member

287

Notes of delegation member

288

Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.A.

289

Detention Operations Manual, Detainee Services, Standard 5, Sections III.A.1 & 2.

, on conversation with detainee
, on conversation with detainee

b6
b6

on conversation with detainee

.
b6, b7C
b6, b7C

basis for the decision.” 290 All grievances must receive supervisory review, include guarantees
against reprisal, and allow for appeals. 291
It is unclear whether El Centro SPC meets this section of the Standards; one
detainee reported that he does not receive responses to his grievances, and another that
facility staff told him that filing grievances would be a waste of paper because staff would
not do what he wanted. According to Officer b6, b7C , if a detainee has a grievance, he can fill
out a detainee grievance form which is then reviewed by immigration officers and logged. 292
Officer b6, b7C assured the delegation that everything is done according to the Standards. 293 For
the most part, the detainee interviews confirmed this sentiment. One detainee recollected that
grievances he filed did receive a quick response. 294 On the other hand, another detainee stated
he had filed approximately forty grievances for himself, and about 100 for other people, none of
which received a written response. 295 The detainees indicated that if one complains too much
the guards will become unresponsive or will begin to think that the detainee is a troublemaker. 296
One detainee was told by a guard that he “shouldn’t waste [his] paper, we’re not going to do
what you want.” 297
The handbook contains the information regarding grievances required by the
Standards. 298 Detainees believed that the handbook provided adequate notice of the grievance
procedure. 299
H.

Disciplinary Policy

The Standards state that facility authorities “will impose disciplinary sanctions on any
detainee whose behavior is not in compliance with facility rules and procedures” in order “to
provide a safe and orderly living environment.” 300 Each facility holding ICE detainees must
have a detainee disciplinary system which has “progressive levels of reviews, appeals,
procedures, and documentation procedures.” 301 The disciplinary policy must clearly define

290

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

291

Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.C & D.

292

Notes of delegation member

293

Notes of delegation member

294

Notes of delegation member

295

Notes of delegation member

296

Notes of delegation member
b6, b7C
and

297

, on conversation with Acting OIC
b6

b6, b7C

, on conversation with Acting OIC
on conversation with detainee

, on conversation with detainee

and

b6, b7C
b6, b7C

, on conversations with detainees

b6, b7C

Notes of delegation member

l, on conversation with detainee

b6, b7C

298

Notes of delegation member

299

Notes of delegation member
notes of delegation member

l on detainee handbook.
b6
b6

on conversation with detainee
, on conversation with detainee

300

Detention Operations Manual, Security and Control, Standard 5, Section I.

301

Detention Operations Manual, Security and Control, Standard 5, Section III.A.1.

b6, b7C
b6, b7C

detainee rights and responsibilities, and any disciplinary action taken must not be capricious or
retaliatory. 302
The following sanctions may not be imposed: “corporal punishment; deviations from
normal food services; deprivation of clothing, bedding, or items of personal hygiene; deprivation
of correspondence privileges; or deprivation of physical exercise unless such activity creates an
unsafe condition.” 303 Officers who witness a prohibited act must prepare and submit an incident
report. 304 The Standards provide that all incident reports filed by officers must be investigated
within twenty-four hours of the incident. 305
The Detainee Handbook must notify detainees of the disciplinary process, the prohibited
acts and disciplinary severity scale, and the procedure for appeals.306 The handbook must also
notify detainees of specific rights, including the right to protection from abuse, harassment, and
discrimination, the right to pursue a grievance, and the right to due process, including prompt
resolution of a disciplinary matter. 307
El Centro SPC appears to meet this section of the Standards. When a rules violation
occurs, a written report must be filed. 308 If the violation is a physical one, such as a fight, the
first line of defense is the contract security—contract security guards will break up the incident,
lock down the dorms until the situation is safely under control, and then write a report of the
incident. 309 Immigration supervisors then analyze the report to determine if further action is
needed. 310 If discipline looks like it might be in order, the case will then go before a disciplinary
panel. 311 When a detainee goes before a panel, they are allowed to present witnesses and receive
assistance from fellow detainees, facility staff members, or outside counsel. 312 If the incident
involves a serious assault, outside law enforcement will be contacted and the victim will be given
the opportunity to press charges if they desire. 313
The disciplinary panel determines punishment based on a graduated scale of offenses and
resultant consequences. 314 The only disciplinary procedure utilized is segregation—the time
302

Detention Operations Manual, Security and Control, Standard 5, Section III.A.1 & A.2.

303

Detention Operations Manual, Security and Control, Standard 5, Section III.A.3.

304

Detention Operations Manual, Security and Control, Standard 5, Section III.B.

305

Detention Operations Manual, Security and Control, Standard 5, Section III.B and III.C.

306

Detention Operations Manual, Security and Control, Standard 5, Section III.L.

307

Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.

308

Notes of delegation member

on conversation with Acting OIC

b6, b7C

309

Notes of delegation member

on conversation with Officer

310

Notes of delegation member

311

Notes of delegation member

312

Notes of delegation member
on conversation with Acting OIC
b6
member
on conversations with detainee
b6, b7C

313

Notes of delegation member

314

Notes of delegation member

on conversation with Officer b6, b7C .

on conversation with Officer

on conversation with

b6
b6

.
b6, b7C

b6, b7C

on conversation with Acting OIC

Notes of delegation
.

b6, b7C

span runs from three to sixty days. 315 Any segregation for more than sixty days requires
approval from the chain of command and is almost never done. 316 The interviewed detainees
confirmed that no other type of discipline (including removal of privileges, etc.) is utilized. 317
The detainee handbook does provide notification of the disciplinary procedures. 318
Detainees were familiar with this information and, on the whole, thought the disciplinary
procedure and disciplinary panel was fair. 319
I.

Environmental Health and Safety

Environmental health conditions must be maintained at a level that meets recognized
standards of hygiene. 320 The Standards require that each facility contract with pest control
professionals to perform monthly inspections. 321
El Centro SPC does not appear to meet this section of the Standards: a detainee
complained that his dorm was filthy and infested with roaches and rats. 322
J.

Special Management Unit

The Standards suggest that each facility establish a Special Management Unit (“SMU”)
that will isolate certain detainees from the general population. 323 The Standards for
Administrative and Disciplinary Segregation differ somewhat from one another, but both provide
for legal access and other protections. A detainee may be placed in disciplinary segregation only
by order of the Institutional Disciplinary Committee, after a hearing in which the detainee has
been found to have committed a prohibited act. 324 The disciplinary committee may order
placement in disciplinary segregation only when alternative dispositions would inadequately
regulate the detainee’s behavior.325

315

Notes of delegation member

, on conversation with Acting OIC
b6

316

Notes of delegation member

317

Notes of delegation member
b6, b7C
detainees

and

318

Notes of delegation member

319

Notes of delegation members

b6, b7C

, on conversation with Acting OIC
b6

b6, b7C

and

, on conversations with Officer
.

b6
b6, b7C

b6, b7C

and

on detainee handbook.
and
, and

, on conversations with detainees

b6
b6, b7C

320

Detention Operations Manual, Security and Control, Standard 7, Section III.R.

321

Detention Operations Manual, Security and Control, Standard 7, Section III.M.

322

Notes of delegation member

323

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

324

Detention Operations Manual, Security and Control, Standard 14, Section III.A.

325

Detention Operations Manual, Security and Control, Standard 14, Section III.A.

.
b6, b7C

l, on conversations with detainee

b6, b7C

All cells in the SMU must be well ventilated, appropriately heated, and sanitary, and
must be equipped with beds. 326 Segregated detainees shall have the opportunity to maintain a
normal level of personal hygiene. 327 Recreation shall be provided to detainees in segregation in
accordance with the “Recreation” standard. 328 Access to the law library shall generally be
granted to detainees in segregation. 329 Detainees generally retain visiting privileges while in
disciplinary segregation, and may not be denied legal visitation. 330
El Centro SPC meets this section of the Standards. The Special Management Unit
appears well run and meets the criteria required by the ICE Standards. 331 One interviewed
detainee was housed in the SMU. 332 He indicated that reading materials are allowed in the SMU
(including a newspaper the guards will bring to the detainees), the SMU facilities are very clean,
detainees are provided a change of clothes daily, and are allowed the normal recreation time
(although it is segregated recreation). 333 He also stated that phone use is allowed and privacy is
respected while using the phones. 334 The guards allow this detainee to draw with colored pencils
while in the SMU. 335
K.

Staff-Detainee Communication/ICE Presence at the Facility

The Standards require that procedures be in place “to allow for formal and informal
contact between key facility staff and ICE staff and ICE detainees and to permit detainees to
make written requests to ICE staff and receive an answer in an acceptable time frame.” 336 The
Standards suggest that both weekly visits be conducted by ICE personnel and that “regular
unannounced (not scheduled) visits” be conducted by the ICE OIC, the Assistant OIC, and
designated department heads. 337 Unannounced visits to the facility’s housing areas must be
conducted on a regular basis—weekly at SPCs and CDFs. 338 The purpose of such visits is to
monitor housing conditions, interview detainees, review records, and answer questions for
326

Detention Operations Manual, Security and Control, Standard 13, Section III.D.2, and Standard 14, Section
III.D.6.

327

Detention Operations Manual, Security and Control, Standard 14, Section III.D.11.

328

Detention Operations Manual, Security and Control, Standard 13, Section III.D.8, and Standard 14, Section
III.D.13.

329

Detention Operations Manual, Security and Control, Standard 13, Section III.D.18, and Standard 14, Section
III.D.15.e.

330

Detention Operations Manual, Security and Control, Standard 13, Section III.D.13 & 14, and Standard 14,
Section III.D.17.

331

Notes of delegation member

on conversation with detainee

332

Notes of delegation member

on conversation with detainee

333

Notes of delegation member

334

Notes of delegation member

on conversation with detainee

335

Notes of delegation member

on conversation with detainee

336

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

337

Detention Operations Manual, Detainee Services, Standard 15, Section III.A.

338

Detention Operations Manual, Detainee Services, Standard 15, Section III.A.1.

on conversation with detainee

b6, b7C

detainees who do not comprehend the immigration removal process. 339 The Standards also
require that detainees “have the opportunity to submit written questions, requests, or concerns to
ICE staff,” which “shall be delivered to ICE staff by authorized personnel (not detainees)
without reading, altering, or delay.” 340 All facilities that house ICE detainees must have “written
procedures to route detainee requests to the appropriate ICE official.” 341 Moreover, the
Standards suggest that detainee requests be forwarded to the appropriate ICE office within 72
hours and “answered as soon as possible or practicable, but not later than 72 hours from
receiving the request.” 342
El Centro SPC meets this section of the Standards. ICE has a constant on-site
presence at the facility, which is an ICE facility, and detainee communications to ICE staff are
delivered without being read, altered or delayed by facility staff. 343 The ICE staff and
department heads conduct weekly unannounced visits to the living and activity areas and inspect
housing, food service, recreation, special management units, and infirmary rooms, among other
areas. 344 The findings of all visits are logged accordingly, and a written schedule of planned
inspections is posted in the detainee living area. 345 The log contains the date the request was
received, detainee number, A-number, nationality, officer logging request, and date returned to
detainee. 346
Officer b6, b7C explained that he often conducts random inspections of the facility,
checking up on the performance of the officers as much or more than the detainees. 347 These
walk-through inspections are performed on a weekly basis (his inspections are in addition to
walk through inspections by immigration officers and operation supervisors), and any
discrepancies or other issues identified during inspections are documented. 348 The department in
charge of the area of where a discrepancy is noted must respond in writing with the corrective
measure taken to correct the discrepancy. 349

339

Detention Operations Manual, Detainee Services, Standard 15, Section III.A.

340

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.

341

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.

342

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.1.

343

Notes of delegation member

344

Notes of delegation member

, on conversation with Acting OIC
, on conversation with Acting OIC
b6

b6, b7C

345

Notes of delegation member

, on conversation with Acting OIC

346

Notes of delegation member

, on conversation with Acting OIC

347

Notes of delegation member

348

Notes of delegation member

349

Notes of delegation member

, on conversation with Acting OIC
b6

, on conversation with Acting OIC
, on conversation with Acting OIC

b6, b7C

Religious Practices

The Standards require that detainees of different religious beliefs be provided with
reasonable and equitable opportunities to participate in the practices of their respective faiths. 350
According to the Standards, these “opportunities will exist for all equally, regardless of the
number of practitioners of a given religion, whether the religion is ‘mainstream,’ whether the
religion is ‘Western’ or ‘Eastern,’ or other such factors. Opportunities will be constrained only
by concerns about safety, security, the orderly operation of the facility, or extraordinary costs
associated with a specific practice.” 351 Moreover, a facility’s staff shall make “all reasonable
efforts to accommodate” special food services required by a detainee’s particular religion. 352
Detainees in confinement must also be permitted to participate in religious practices, consistent
with the safety, security, and orderly operation of the facility. 353
El Centro SPC meets this section of the Standards; facility staff stated that they
make religious accommodations and detainees verified this. Reasonable requests for
religious services or special dietary needs are met; for example, the facility will find local imams
for Muslims. 354 The facility employs a full-time religious coordinator to facilitate religious
practices for the detainees. 355 All religious services are conducted in the cafeteria; times of
religious practice are the only occasion on which Level 3 detainees mix with the rest of the
detainee population. 356 Particular care is given to accommodate less common religious
practices, including special large meals for the feast of Ramadan, for example.357 The detainees
were generally under the impression that the religious practices procedures were very fair in the
facility. 358
M.

Voluntary Work Program

The Standards require that all facilities with work programs provide an opportunity for
physically and mentally capable detainees to “work and earn money.” 359 Participation must be

350

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

351

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

352

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

353

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

354

Notes of delegation member
b6, b7C .

, on conversation with Officer

b6, b7C

355

Notes of delegation member

, on conversation with Officer

b6, b7C

356

b6
Notes of delegation member
on conversation with Officer b6, b7C ; and notes of delegation
b6
b6, b7C
member
, on conversation with detainee

357

Notes of delegation member

, on conversation with Officer

b6, b7C

and detainee
.

358

Notes of delegation member

359

Detention Operations Manual, Detainee Services, Standard 37, Sections I & III.A.

, on conversation with detainee

b6, b7C

voluntary, and detainees may not work more than eight hours per day, and forty hours per
week. 360
El Centro SPC meets this section of the Standards. Detainees are provided an
opportunity to work in the facility should they choose to do so. 361 Detainees may work in the
laundry room or kitchen, or serve as a translator, barber, or maintenance worker. 362 Detainees
are compensated for their work with pay of $1 per day worked, regardless of the job
undertaken. 363 Level 3 detainees are permitted to undertake jobs in which contact with Level 1
or 2 detainees will not occur. 364 For example, when the Level 3s have access to the law library,
there is a Level 3 library attendant working. 365 The work program is entirely voluntary, and sign
ups are on a first come, first served basis. 366 Those desiring to work must fill out a form and
drop it in a box in the cafeteria. 367 Work assignment preferences are accommodated whenever
possible. 368 While a waiting list usually exists for jobs, the waiting time for a job is usually not
long. 369
N.

Detainee Transfer

When transferring a detainee, the Standards require ICE to take into consideration
whether a detainee is represented before the immigration court, and the location of the attorney
and the court. 370 The Standards require ICE to notify a detainee’s legal representative of record
that the detainee is being transferred. 371 Indigent detainees will be permitted to make a single
domestic telephone call at government expense upon arrival at their final destination; nonindigent detainees will be permitted to make telephone calls at their own expense. 372 Records
including the detainee’s Alien File (“A-file”) and health records (or transfer summary for
IGSAs) must accompany the detainee. 373 Prior to transfer, medical personnel must provide the
transporting officers with instructions and any applicable medications for the detainee’s care;
medications must be turned over to an officer at the receiving field office. 374 A detainee’s legal
360

Detention Operations Manual, Detainee Services, Standard 37, Sections III.A & H.

361

Notes of delegation member

on conversation with Acting OIC

362

Notes of delegation member

on conversation with Officer

363

Notes of delegation member

on conversation with Officer

364

Notes of delegation member

on conversation with Officer

b6, b7C

365

Notes of delegation member

on conversation with Officer

366

Notes of delegation member

on conversation with Officer

367

Notes of delegation member

on conversation with Officer

368

Notes of delegation member

on conversation with Officer

369

Notes of delegation member

370

Detention Operations Manual, Security and Control, Standard 4, Section I.

371

Detention Operations Manual, Security and Control, Standard 4, Section III.A.

372

Detention Operations Manual, Security and Control, Standard 4, Sections III.G.

373

Detention Operations Manual, Security and Control, Standard 4, Sections III.D.1 and III.D.6.

374

Detention Operations Manual, Security and Control, Standard 4, Section III.D.D [sic].

on conversation with Acting OIC

b6, b7C

materials, cash, and small valuables shall always accompany the detainee to the receiving
facility; larger items may be shipped. 375
It is unclear whether El Centro SPC meets this section of the Standards;
interviewed detainees recounted unfavorable transfer experiences, including lack of a
phone call. Officer b6, b7C stated that the facility follows the detention standard for transfers
and that the facility notifies attorneys when their clients are transferred. 376 However, one
detainee indicated that when he arrived at the facility from CCA he was not afforded a telephone
call at all, nor did he believe his attorney had been contacted. 377 He stated: “[my] attorney did
not know where [I] was at.” 378 ICE should ensure that attorneys have been contacted—if not by
the transferring facility, then upon arrival. The detainee said that he was allowed to bring his
personal property with him and his medical records were transferred. 379 He and another detainee
complained that, while being transferred, no opportunity was afforded for them to take care of
personal hygiene. 380 The detainees were not allowed to shower, brush their teeth, or otherwise
clean themselves for two days or more. 381
VI.

CONCLUSION

The El Centro Detention Facility meets the requirements of several of the ICE Detention
Standards but fails to meet a number of sections.
To provide access to medical care, the facility should ensure that patients with pressing
medical concerns receive care. While the facility only provides medical treatment that is
“necessary,” this definition may not help make meaningful distinctions. What is medically
necessary for a person detained six months is not the same as what is medically necessary for a
person detained for twelve months. Conditions such as ingrown toenails and chronic pain are not
being treated because, presumably, they are not considered necessary, even though the
individuals with these ailments are being detained for years. The turnaround time between
making a sick call request and seeing a nurse should be standardized.
To provide access to dental care, detainees should receive a dental exam upon arrival.
They should also receive more care than just having teeth extracted.
To provide access to private calls, the facility should ensure that detainees are able to use
a private phone and that they are informed of this option.

375

Detention Operations Manual, Security and Control, Standard 4, Sections III.E.

376

Notes of delegation members

377

Notes of delegation member

378

Notes of delegation member

and

on conversation with Acting OIC

on conversation with detainee

.
b6, b7C

379

Notes of delegation member

380

Notes of delegation member
notes of delegation member

on conversation with detainee

381

Notes of delegation member
notes of delegation member

b6
b6

on conversation with detainee
on conversation with
b6, b7C

b6, b7C

, on conversation with detainee
b6, b7C
on conversation with

;
.
b6, b7C

;

To provide adequate access to legal materials, passwords to the LexisNexis CD ROMs
should be kept current to ensure that no service interruptions occur. Additionally, detainees
should receive training on how to navigate the LexisNexis CD ROM.
To maintain proper classification of detainees, ICE should ensure that detainees know
how to appeal their classification. Additionally, detainees should have reasons for the
classification explained to them.

b6, b7C
b6, b7C

b6, b7C

b6, b7C
b6, b7C

b6, b7C

b6, b7C
b6, b7C

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b6, b7C

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b6, b7C

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b6, b7C
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b6, b7C

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b6, b7C
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b6, b7C
b6, b7C

b6, b7C

b6, b7C
b6

b6, b7C

b6, b7C
b6, b7C

b6, b7C

, and

Facility Name: EL CENTRO DETENTION FACILITY, El Centro, CA
Date of Tour: August 8, 2007
Tour Participants: Latham & Watkins LLP attorneys and summer associates
b6

*Standards are Detainee Services Standards unless otherwise indicated. Standards excerpts are typed verbatim. Issues are generally listed in their order from the Report.
Report comments in bold are priority issues for ICE-ABA discussion.



Level 3 detainees may only receive visitors for
about twenty minutes and are subject to
unposted, limited visiting hours. (p.5 ¶3)



One detainee stated he is always strip searched
after visits, including legal visits. (p.4 ¶2)

Detainee



Delegation
observations;
Officer
detainee

Standard 16, Telephone Access
 III.I. The facility shall take and deliver telephone
messages to detainees as promptly as possible.



Phones are located in the public dayrooms and
separated by only a few feet and small partitions.
Facility personnel explained that if a private call
is necessary a detainee can specially request and
arrange one, although no formal guidelines exist.
However, one detainee reported that his request
to El Centro SPC staff to arrange a private
phone call was denied. (p.7 ¶ 3)
One detainee reported that on two occasions
messages from his attorney were delivered to
him after two or three days. (p. 7 ¶ 3) However,
officers and two other detainees stated that
messages are delivered promptly. (p.8 ¶3)

b6, b7C
b6, b7C
b6, b7C
b6, b7C

b6, b7C

Detainee
; Officers
and
detainees
and
b6, b7C b6, b7C
b6, b7C
b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

ICE Response

b6, b7C

Standard 17, Visitation
 III.B. Notification. The facility shall provide written
notification of visitation rules and hours in the
detainee handbook …. The facility shall also post these
rules and hours where detainees can easily see them.
 III.H. The facility’s written rules shall specify time
limits for visits: 30 minutes minimum, under normal
conditions.
Standard 17, Visitation
 III.I.11. If standard operating procedures require strip
searches after every contact visit with a legal
representative, the facility must provide an option for
non-contact visits with legal representatives ….
Standard 16, Telephone Access
 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.

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Source

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Delegation Report

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ICE Standard*

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

Computers are often inoperable. (p.10 ¶3, p.11
¶1) Also, at times the facility allows passwords
for the LexisNexis software to expire, rendering
the software inoperable. (p.10 ¶3)

Detainee
and
Officer

Standard 9, Group Presentations on Legal Rights
 III.I. Videotaped presentations. The facility shall play
[ICE]-approved videotaped presentations on legal rights,
at the request of outside organizations. … The facility
shall provide regular opportunities for detainees in the
general population to view the videotape.
7. Standard 3, Correspondence and Other Mail
 I. All facilities will ensure that detainees send and receive
correspondence in a timely manner.
 III.C. Incoming correspondence shall be distributed to
detainees within 24 hours of receipt by the facility ….
8. Standard 6, Detainee Handbook
 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.
9. Standard 13, Recreation
 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.
10. Health Services Standard 2, Medical Care
 I. All detainees shall have access to medical services that
promote detainee health and general well-being.
 III.A. Every facility will provide its detainee population
with initial medical screening, cost-effective primary
medical care, and emergency care.



One detainee did not recall seeing a video
presentation on legal rights. (p.14 ¶1)

Detainee



Two detainees stated that mail may not always be
delivered and can be slow. (p.14 ¶4, p.15 ¶¶1 & 2)

Detainees
and



The facility permitted the delegation to see a
Handbook, but informed the delegation that it could
not be disseminated. (p.16 ¶2)

Delegation
observations



One detainee reported that more than half of the one
hour allotted recreation time is spent waiting in line.
(p.17 ¶2)

Detainee



Detainees stated that there are long waits for
medical care, and that is not adequate for those in
longer-term detention. (p.19 ¶3)



In two cases the facility has not provided operations
that doctors have prescribed. (p.20 ¶2, p.20 ¶5)



One detainee was denied prescribed medication for
several days because a facility computer crashed.
(p.21 ¶2)
The detainees do not receive the initial dental
screening. (p.22 ¶2)

Detainees
and
detainees
,
and detainee A
Detainees
and
.

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b6, b7C

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Detainee
Detainees
and

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b6, b7C
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ABA Commission on Immigration - Detention Standards Implementation Initiative

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

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11. III.E. Dental Treatment.
 An initial dental screening exam should be performed
within 14 days of the detainee’s arrival.

b6, b7C

Standard 1, Access to Legal Material
 III.A. The facility shall provide a law library in a
designated room with sufficient space to facilitate
detainees’ legal research and writing. The law library
shall be large enough to provide reasonable access to
all detainees who request its use.

6/5/2008

b6, b7C
b6, b7C

Detainee

b6, b7C

Detainee

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One detainee stated that he was not afforded a
telephone call when he arrived at the facility, nor
did he believe his attorney had been contacted. (p.31
¶3)

Detainee

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C

Detainee

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

One detainee reported that he does not receive
responses to his grievances. (p.25 ¶1)
Another detainee stated that facility staff told him
that filing grievances would be a waste of paper
because staff would not do what he wanted. (p.25
¶1)
A detainee complained that his dorm was filthy and
infested with roaches and rats. (p.27 ¶2)

b6, b7C

15. Security and Control Standard 4, Detainee Transfers
 III.G. Indigent detainees being transferred will be
authorized a single domestic phone call at the
Government’s expense upon arrival at their final
destination. … Non-indigent detainees shall have access
to make calls at their own expense pursuant to the
Telephone Access Detention Standard.



Detainee

b6, b7C



Detainee

b6, b7C

14. Security and Control Standard 7, Environmental Health and
Safety
 III.R. Environmental health conditions must be
maintained at a level that meets recognized standards of
hygiene.
 III.M. Each facility must contract with pest control
professionals to perform monthly inspections.



A detainee stated that violent detainees are housed
with non-violent detainees. (p.24 ¶2)
Another detainee stated that he was not informed
regarding how he was classified or how to appeal.
(p.24 ¶2)

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

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12. Standard 4, Detainee Classification System
 III.E.1. Level 1 Classification. May not be housed with
Level 3 Detainees.
 III.F. The classification system shall assign detainees to
the least restrictive housing unit consistent with facility
safety and security. … 2. Levels one and two may be
mixed, and high level twos and level threes may be
mixed, when a facility is at or above full capacity. 3.
Under no circumstances will a level two detainee with a
history of assaultive or combative behavior be placed in a
level one housing unit.
 III.I. The detainee handbook’s section on classification
will include the following: 1. An explanation of the
classification levels with the conditions and restrictions
applicable to each. 2. The procedures by which a detainee
may appeal his/her classification.
13. Standard 5, Detainee Grievance Procedures
 I. [S]tandard operating procedures (SOP) must establish a
reasonable time limit for: … (iii) providing written
responses to detainees who filed formal grievances,
including the basis for the decision.

6/5/2008

Disciplinary Self-Help Litigation Manual - Side