(b)(6)

(b)(6)

Facility Name: ELIZABETH CONTRACT DETENTION FACILITY, Elizabeth, NJ
Date of Tour: January 20, 2006
Tour Participants: Cleary Gottlieb Steen & Hamilton and Dechert LLP attorneys

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

1.

Source

Standard 17, Visitation
ƒ III.G. The facility’s visiting area shall be appropriately
furnished and arranged, and as comfortable and pleasant
as practicable.
ƒ III.I.14. Pro Bono List. INS shall provide the facility with
the official list of pro bono legal organizations, which is
updated quarterly by the [EOIR]. The facility shall
promptly and prominently post the current list in detainee
housing units and other appropriate areas.

ƒ

Delegation
observations.

Standard 16, Telephone Access
ƒ I. Facilities holding INS detainees shall permit them to
have reasonable and equitable access to telephones.
ƒ III.F. The facility shall not restrict the number of calls a
detainee places to his/her legal representative, nor limit
the duration of such calls by rule or automatic cut-off,
unless necessary for security purposes or to maintain
orderly and fair access to telephones. If time limits are
necessary for such calls, they shall be no shorter than 20
minutes, and the detainee shall be allowed to continue the
call if desired, at the first available opportunity.
Standard 16, Telephone Access
ƒ III.I. The facility shall take and deliver telephone
messages to detainees as promptly as possible. When
facility staff receives an emergency telephone call for a
detainee, the caller’s name and telephone number will be
obtained and given to the detainee as soon as possible.

ƒ

ƒ

ƒ

ƒ

Non-attorney visits take place in twenty small noncontact booths where detainees communicate with
visitors over the phone and see them through a
window. The booths are similar to those used in
prisons, and do not appear to provide a “comfortable
and pleasant” visitation experience. (p.4 ¶3)
The list of legal representatives given to detainees
may not be the most current list from EOIR. It
contains phone numbers that are no longer in
service and organizations that no longer exist.
(p.4 ¶2)
The Detainee Handbook states that calls should
not last more than fifteen minutes, except calls to
consulates and pro bono attorneys. This should
be changed to twenty minutes for all calls to legal
representatives. (p.6 ¶3)
Two detainees indicated that the per-minute rates on
the calling cards are expensive, often as much as $1
or $2 per minute for international calls. Detainees
are not permitted to make collect calls. (p.7 ¶4)

ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainee
Handbook.

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

Messages are delivered to detainees on an ad hoc
basis. The staff generally delivers urgent
messages to detainees. The staff will pass on the
information that an attorney called, but will not
deliver substantive messages from the attorney.
Attorneys cannot call to set up meetings with
detainees in advance. (p.6 ¶6)

ICE Response

(b)(6)

3.

Delegation Report

(b)(6)

2.

ICE Standard*

9/15/2006

1

4.

ƒ

ƒ

6.

Standard 1, Access to Legal Material
ƒ III.C. The law library shall contain the materials listed in
Attachment A.
ƒ III.L. Unrepresented illiterate or non-English speaking
detainees who wish to pursue a legal claim related to their
immigration proceedings or detention and indicate
difficulty with the legal materials must be provided with
more than access to a set of English-language law books.

ƒ

ƒ

Delegation
Observations.

(b)(6)

ABA Commission on Immigration - Detention Standards Implementation Initiative

Delegation
Observations.

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

ƒ

The telephones within each dormitory unit are
located near the common area. There are small
privacy panels beside the telephones, but it is not
clear that this ensures privacy for detainees when
making legal calls. (p.8 ¶3)
It is unclear whether calls are monitored.
Officer-in-Charge
said that EDF does not
monitor or record any telephone calls. (p.8 ¶5).
However, two detainees said that there is a
recording at the beginning of each call, audible
by both parties to the call, which states that the
call is subject to recording and monitoring. (p.9
¶1) One of the detainees said he was not aware of
any telephones that he could use that would
allow him to have a conversation with his
attorney without hearing the message that the
telephone call was subject to monitoring. (p.9 ¶1)
The officer on duty in the library stated that the
detainees are permitted to save word processing
work on a floppy disc that must remain in the
library, but another officer indicated that detainees
are not provided discs. (p.12 ¶4)
A detainee stated that one of the two computers
available in the law library is usually not
functioning, and the printer in the library
sometimes doesn’t work. (p.12 ¶5)
Some materials listed in the Standards that could
not be located: United States Code, Title 8;
Immigration Law and Crimes; the UNHCR
Handbook on Procedures and Criteria for
Determining Refugee Status; and the Lawyer’s
Committee Handbook on Representing Asylum
Applicants. (p.10 ¶5)
One detainee noted that all legal material was in
English, and thus unhelpful to many detainees. (p.12
¶2) A Japanese detainee noted that the library
contains no Japanese-English dictionary. (p.12 ¶1)

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

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

ƒ

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

5.

Standard 16, Telephone Access
ƒ III.J. The facility shall ensure privacy for detainees’
telephone calls regarding legal matters. For this purpose,
the facility shall provide a reasonable number of
telephones on which detainees can make such calls
without being overheard by officers, other staff or other
detainees. Facility staff shall not electronically monitor
detainee telephone calls on their legal matters, absent a
court order.
ƒ III.K. A detainee’s call to a court, a legal representative,
or for the purposes of obtaining legal representation will
not be aurally monitored absent a court order. The OIC
retains the discretion to have other calls monitored for
security purposes.

9/15/2006

2

ƒ
ƒ

ƒ
ƒ

The handbook states that indigent detainees will be
given sufficient stationery and postage to send three
letters per week. (p.17 ¶2)
Detainees said that even if a detainee is indigent
and is offered free postage, he still must purchase
his own pen and paper, thus effectively
preventing him from sending mail. (p.17 ¶2, and
fn. 196)

ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainee
Handbook.

Detainee
Handbook.
(b)(6)

ƒ

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

Standard 9, Group Presentations on Legal Rights
ƒ III.I. Videotaped presentations. The facility shall play
INS-approved videotaped presentations on legal rights, at
the request of outside organizations. … The facility shall
provide regular opportunities for detainees in the general
population to view the videotape.
9. Standard 3, Correspondence and Other Mail
ƒ III.B. The facility shall notify detainees of its policy on
correspondence and other mail through the detainee
handbook or equivalent … [and] shall specify: 1. That a
detainee may receive mail, … and instructions on how
envelopes should be addressed; … 4. That [incoming]
special correspondence may only be opened in the
detainee’s presence, and may be inspected for contraband,
but not read; … 5. The definition of special
correspondence, including instructions on the proper
labeling for special correspondence, without which it will
not be treated as special mail. …
10. Standard 3, Correspondence and Other Mail
ƒ III.I. Postage Allowance. Indigent detainees will be
permitted to mail a reasonable amount of mail each week,
including at least five pieces of special correspondence
and three pieces of general correspondence.
ƒ III.J. The facility shall provide writing paper, writing
implements, and envelopes at no cost to detainees

8.

The law library has a small photocopier on
which detainees can make free copies. The
facility staff stated that if the copier is broken the
ICE office will make copies for the detainees.
(p.13 ¶1) However, a detainee stated that
officers sometimes deny requests for
photocopying, though it was not clear to the
delegation whether this was in relation to legal or
non-legal documents. (p.13 ¶2) Another detainee
said that he had been limited to making 3-4
photocopies per day, and that detainees have
missed court deadlines because of copying
restrictions. (p.13 ¶2)
Detainees stated that they had never heard of the
Florence Project’s “Know Your Rights” video.
(p.15 ¶2)
Officer-in-Charge
was familiar with
video, but uncertain of whether it was available
for detainee viewing. (p.15 ¶2)
The Detainee Handbook does not specify how to
address correspondence, the definition of special
correspondence, or how correspondence should
be labeled in order to be treated as special
correspondence, or that special correspondence
may be inspected for contraband but not read.
(p.16 ¶2)

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

ƒ

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

Standard 1, Access to Legal Material
ƒ III.J. The facility shall ensure that detainees can obtain
copies of legal material ….

7.

9/15/2006

3

ƒ

ƒ

ƒ

ƒ

ABA Commission on Immigration - Detention Standards Implementation Initiative

(b)(6)

12. Health Services Standard 2, Medical Care
ƒ I. All detainees shall have access to medical services that
promote detainee health and general well-being.
ƒ III.A. Every facility will provide its detainee population
with initial medical screening, cost-effective primary
medical care, and emergency care.

Delegation
Observations;

(b)(6)

ƒ

The quantity of food provided based on the sample
menu and the tray that the delegation observed
appeared adequate. (p.18 ¶2) However, one
detainee remarked that he was “scantily fed.” (p.18
¶2) Another detainee remarked that there was a
lack of fresh fruits and vegetables. (p.18 ¶2)
A detainee stated that his medically required dietary
needs were not being met. He indicated that due to
his medical condition, the medical staff
recommended that he be served a double fruit
portion, but the kitchen manager did not
accommodate this request. He also stated that the
food served to the general population was also too
salty, too fatty, and contained too little fiber to meet
his medically required dietary needs. (p.19 ¶2)
Another detainee stated that the water that detainees
drink is not potable. The detainee suggested that the
drinking water provided to detainees is the same
water that is flushed down the toilets. He said that
drinking water and the water that comes out of the
hot water taps is almost white, which he believes is
due to the excessive amounts of chlorine that is used
to treat the water. (p.18 ¶3)
A detainee stated that the facility is often slow in
responding to requests for medical care, and that
requests for sick calls often had to be made multiple
times before treatment was received. (p.22 ¶1)
Another detainee noted that guards act as
gatekeepers to the medical personnel and have
sometimes hindered his ability to address his
medical needs. In addition, the detainee noted
that he has had difficulty getting his heart
medication despite repeated referrals. He also
noted that he sometimes does not receive refills
before his supply runs out. (p.22 ¶1)

(b)(6)

11. Standard 7, Food Service
ƒ I. It is INS policy to provide detainees with nutritious,
attractively presented meals, prepared in a sanitary
manner while identifying, developing and managing
resources to meet the operational needs of the food service
program.

9/15/2006

4

14. Standard 8, Funds and Personal Property
ƒ III.I. All facilities will provide for the control and
safeguarding of detainees’ personal property. This will
include the secure storage of funds, valuables, baggage
and other personal property; a procedure for
documentation and receipting of surrendered property;
and the initial and regularly scheduled inventories of all
funds, valuables and other property.

ƒ

ƒ

ƒ

Handbook.

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

ƒ

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

ƒ

Two detainees stated that grievances are not
attended to. One detainee stated that a CCA
guard once told him he could complain if he
wanted to but that it would go nowhere. The
detainee also said his grievances are attended to
only when he involves his lawyer. (p.24 ¶4)
Another detainee stated that although he
repeatedly reported that a detainee was
threatening him with physical violence, his pleas
were ignored. (p.24 ¶4)
Facility staff informed the delegation that money
received or earned by a detainee goes into a
personal account at the facility, and detainees are
given receipts for all money or property received.
(p.26 ¶2) The Detainee Handbook states that money
is contraband and will be confiscated; it does not
indicate that the money will be kept for use by the
detainee. (p.26 ¶2)
A detainee reported that EDF used to give out a
balance statement of the money in a detainee’s
account, but has stopped doing so. (p.26 ¶2)
Another detainee noted that he has had extreme
difficulty accessing his personal funds. (p.26 ¶2)
Officer-in-Charge
sated that staff members
seize any money that they determine to be
counterfeit, and that staff members have a way of
distinguishing between real and counterfeit money.
Officer-in-Charge
also stated that law
enforcement officers are not contacted when money
is seized because it is usually small amounts. (p.26
¶3) The delegation members are concerned that this
process may lead to detainees having noncounterfeit money withheld from them. (p.26 ¶3)
One detainee noted that he had been threatened by
another detainee because of his religion. The
detainee indicated that although he complained
about the incident to the administration, no action
was taken. (p.28 ¶2)

(b)(6)

ƒ

(b)(6)

13. Standard 5, Detainee Grievance Procedures
ƒ III.A.2. Formal/Written Grievance. The OIC must allow
the detainee to submit a formal, written grievance to the
facility’s grievance committee.
ƒ 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.

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

ƒ

ABA Commission on Immigration - Detention Standards Implementation Initiative

(b)(6)

15. Standard 14, Religious Practices
ƒ III.A. No one may disparage the religious beliefs of a
detainee, nor coerce or harass a detainee to change
religious affiliation.

9/15/2006

5

ƒ

Two detainees remarked that EDF is run like a
prison and that detainees are treated like prisoners.
Pat-down searches appear to be common at EDF:
one detainee said that pat-downs are sometimes
done several times per day, and another detainee
said that these are sometimes done roughly. (p.28
¶3)

ABA Commission on Immigration - Detention Standards Implementation Initiative

(b)(6)

16. Security and Control Standard 17, Use of Force
ƒ I. The use of force is authorized only after all reasonable
efforts to resolve a situation have failed. Officers shall use
as little force as necessary to gain control of the detainee;
to protect and ensure the safety of detainees, staff, and
others; to prevent serious property damage; and to ensure
the security and orderly operation of the facility. Physical
restraints shall be used to gain control of an apparently
dangerous detainee only under specified conditions.

9/15/2006

6

MEMORANDUM
April 13, 2006

To:

John P. Torres, Acting Director, Office of Detention and Removal, Immigration and
Customs Enforcement
From:
American Bar Association delegation to Elizabeth Contract Detention Facility1
Copies to:
(b)(6)
ABA Commission on Immigration
Subject:
Report on Observational Tour of the Elizabeth Contract Detention Facility
1.

Introduction and Delegation’s Visit

This memorandum summarizes and evaluates information gathered at the
Elizabeth Contract Detention Facility (“EDF”) in Elizabeth, New Jersey, during the
delegation’s January 20, 2006 visit to the facility. The information was gathered via
observation of the facility by the delegation, interviews with three detainees, and
discussions with EDF and Immigration and Customs Enforcement (“ICE”) personnel,
(b)(6), (b)(7)c
including ICE Officer-in-Charge
, ICE Supervisory Immigration Officer
(b)(6), (b)(7)c
(b)(6), (b)(7)c
(b)(6), (b)(7)c
EDF Warden
Officer
, Lieutenant
(b)(6), (b)(7)c
Commander
Health Services Administrator with U.S. Public Health
(b)(6)
Service, and Physician’s Assistant
2.

General Information About the Elizabeth Contract Detention Facility

The facility is a co-ed immigration detention facility located in Elizabeth, New
Jersey and operated by Corrections Corporation of America (“CCA”). At the time of our
visit, the population count was approximately 270, including about 53 women.2 The
detainees come from many countries, and the average stay as approximately four
months.3 Detainees are given a copy of a “Detainee Handbook” upon arrival.4

1

The delegation consisted of attorneys and a paralegal from the New York offices of Cleary Gottlieb
Steen & Hamilton LLP and Dechert LLP, including
(b)(6)
(b)(6)

2

3
4

(b)(6), (b)(7)c
Notes of delegation member
on conversation with
ICE Officer-in(b)(6)
Charge (“Officer-in-Charge (b)(6), (b)(7)c.
Notes of delegation member
n conversation with Officer-in-Charge (b)(6), (b)(7)c
(b)(6)
Notes of delegation member
, on conversation with Officer-in-Charge (b)(6), (b)(7)c The
handbook is available in English, French, Creole, Chinese, and Spanish (attached as Exh
B, C,
D and E, respectively).

1
[New York #1517786 v7]

3.

Observations of Implementation of Legal Access Standards5
a.

Legal Access/Visitation
i.

Visitation by Legal Counsel

The Standards require that facilities permit legal visitation seven days per week.6
Attorneys should have access to their clients eight hours per day during the week and
four hours per day during the weekend.7 The visits must be private, and should not be
interrupted for head counts.8 Facilities should establish a procedure by which attorneys
may call to determine whether a detainee is housed in a particular facility.9 Detention
centers should permit visits from attorneys, other legal representatives, legal assistants
and interpreters.10
EDF meets this section of the Standards. Attorneys are allowed to visit from
approximately 7:00 a.m. to 10:00 p.m., but detainees with court hearings must end their
attorney meetings no later than 7:45 am for morning court sessions and 12:30 pm for
afternoon sessions, so that detainees are not late to court.11 Office-in-Charge (b)(6), (b)(7)cr
noted, however, that attorney visits can continue past the official visitation hours, if
necessary.12
Legal visits occur in three contact visitation rooms, each equipped with a table
seating approximately four people.13 Although attorney-client meetings can be watched
from outside the surrounding sound-proof glass windows, Officer-in-Charge (b)(6), (b)(7)c
assured the ABA delegation members that attorney visits and telephone calls are
completely confidential.14 The facility does not monitor the content of attorney visits.15
Detainees are subject to pat-down searches after attorney visits to prevent the smuggling
of contraband, but they do have the option of non-contact visits.16 Attorneys are searched
before visits, but not afterwards.17 In cases where attorney visitation coincides with the
5

6
7
8
9
10
11
12
13
14
15
16
17

The delegation notes that both Officer-in-Charge(b)(6), (b)(7)chad assumed his post at EDF only weeks
before the delegation’s visit, while Supervisory Immigration Officer I (b)(6), (b)(7)c (“Supervisory
Officer(b)(6), (b)(7)c”) had been at his post at EDF for only one week. While both are apparently
experienced ICE officers, they may not have had the opportunity to completely familiarize themselves
with all of CCA’s practices at EDF. The delegation therefore notes the possibility that some of the
officers’ comments to the delegation may have reflected their general understanding of ICE procedures
and detention facility practices rather than particular experience at EDF.
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
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.
Notes of delegation member
on sign posted at EDF visitor entrance.
Notes of delegation member
on conversation with Officer-in-Charge
Notes of delegation member
Notes of delegation member
on conversation with Officer-in-Charge (b)(6), (b)(7)c
(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge
Notes of delegation member
on conversation with Officer-in-Charge
Notes of delegation member
on conversation with Officer-in-Charge

2
[New York #1517786 v7]

detainee’s mealtime, the visit may continue and the detainee will have a (cold) lunch
later.18
Interpreters are allowed to visit and interpret for attorneys.19 However, for
security reasons EDF does not allow anyone to interpret if he or she is a former detainee
or has a personal relationship with the detainee being visited.20
Doctor’s visits for the purpose of documenting injuries require a consent form
from the detainee and coordination with health services to secure an examination room.21
Cameras may be used to document injuries.22
ii.

Consular Access

The Standards provide that detainees must be advised of their right to contact and
receive visits from their consular officers; the same hours, privacy, and conditions that
govern legal visitation guide consular visitation.
EDF meets this section of the Standards. Upon arrival at EDF detainees are
advised of their right to contact their consulates and receive a booklet about consular
notification.23 Calls made by detainees to their consulates are free.24 The consulates of
certain countries visit the facility regularly, including the United Kingdom, El Salvador,
Guatemala, Mexico and the Philippines.25 On the day of our visit, a representative of the
Mexican consulate was at the EDF.26 One detainee acknowledged that he could contact
his Embassy consulate if he so desired, but because he left his native country due to fears
of government retaliation, he has never attempted to make contact.27
iii.

Access to Contact Information for Legal Services

The Standards state that each facility shall promptly and prominently post the
current official list of pro bono legal organizations, which is updated quarterly by the

18
19
20

21
22
23

24

25
26
27

Notes of delegation member
, on conversation with Officer-in-Charge
(b)(6)
Notes of delegation member
, on conversation with Officer-in-Charge
Notes of delegation member
on conversation with Officer-in-Charge
Former
(b)(6), (b)(7)c
detainees are not allowed to
nees at all. Id.
Notes of delegation member
on conversation with Officer-in-Charge
(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge
Notes of delegation member
on conversation with Officer-in-Charge
Officer-in-Charge(b)(6), (b)(7)cindicated that by law the government must notify certain con
whenever its national is detained, whether or not a detainee requests or agrees to such notification. Id.
The booklet is attached as Exhibit F.
(b)(6), (b)(7)c
(b)(6)
Notes of delegation member
on conversation with Warden
(“Warden (b)(6), (b)(7)c .
Notes of delegation member
on conversation with Officer-in-Charge (b)(6), (b)(7)c
(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge
Notes of delegation member
on interview with detainee
(b)(6)

3
[New York #1517786 v7]

Executive Office for Immigration Review, in detainee housing units and other
appropriate areas.28
EDF appears to substantially meet this section of the Standards. Upon arrival,
detainees are given a phone list with the numbers of pro bono attorneys.29 This list was
observed on a bulletin board in the dorm the delegation visited.30 One detainee stated
that according to others, the list is outdated and includes incorrect phone numbers, as well
as organizations that are no longer functioning.31 The delegation recommends that ICE
ensure that the list of organizations that is posted is the most current list from EOIR.
b.

Non-legal visits

The Standards suggest that facilities establish written visitation hours and
procedures, and to make them available to the public.32 This includes procedures for
handling incoming money for detainees.33 The visiting area is to be “appropriately
furnished and arranged and as comfortable and pleasant as practicable.”34 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.35
Visits should be at least 30 minutes and longer when possible.36 If a facility does not
provide for visits from minors, ICE should arrange for visits with children or stepchildren
within the detainee’s first 30 days at the facility, with continuing monthly visits.37 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.38
EDF substantially meets this section of the Standards. According to a sign
posted at the EDF lobby, detainees’ family and friends are permitted one 60-minute visit
per day between the hours of 5:00 p.m. and 10:00 p.m.39 For the most part, anyone who
calls ahead of time and whose background has been checked by the OIC can visit the
EDF.40 Visitors must have legal status in the United States.41 Non-attorney visits take
place in twenty small non-contact booths where detainees communicate with visitors over
the phone and see them through a glass or plexiglass window.42 The booths are similar to

28
29
30
31
32
33
34
35
36
37
38
39
40
41
42

Detention Operations Manual, Detainee Services, Standard 16, Section III
Notes of delegation member
on interview with detainee
(b)(6)
(b)(6)
Notes of delegation member
Notes of delegation member
on interview with detainee
Detention Operations Manual, Detainee Services, Standard 17, Section III
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.
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.2.
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.5.
Notes of delegation member
Notes of delegation member
on conversation with Officer-in-Charge
(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge
Notes of delegation member

4
[New York #1517786 v7]

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

those used in prisons,43 and do not appear to provide a “comfortable and pleasant”
visitation experience.
c.

Telephone Access
i.

General

The Standards require that detainees be provided with “reasonable and equitable
access to telephones” during waking hours.44 Telephone access rules must be provided to
each detainee upon admittance to the facility and posted where easily visible.45 One
telephone must be available for every 25 detainees and all telephones must be kept in
proper working order.46 The facility may not restrict the number and duration of
telephone calls, except where necessitated by demand of other detainees, the orderly
operation of the facility, and emergencies.47 Time limits on legal calls must be no shorter
than twenty minutes.48 Detainees within the Special Management Unit should retain the
same telephone privileges as other detainees, except where security requires otherwise.49
EDF meets this Standard, but the Handbook should be corrected to reflect
the Standards. There appears to be an adequate number of telephones in the facility.
The delegation observed a six-person female dormitory unit that contained one telephone
and a 40-person male dormitory facility with two telephones.50 Each dormitory unit
contains at least one telephone.51 The telephones appeared to be in working order; the
delegation observed telephones in use in several of the dormitory units.52 Aside from
those in the dormitories, no telephones are available to the detainees.53
There is no regular maintenance schedule for the telephones, but repairs are called
out to the telephone service provider, PCS, as required.54 One detainee indicated that
telephones occasionally do not work, although it was unclear whether the problem was
with the telephone itself or with the service.55 Another detainee reported that the
telephones in his dormitory generally work and are promptly fixed when broken.56
43
44
45
46
47
48
49
50
51
52
53

Notes of delegation member John Van Sickle.
Detention Operations Manual, Detainee Services, Standard 16, Section I, III.A.
Detention Operations Manual, Detainee Services, Standard 16, Section III.B.
Detention Operations Manual, Detainee Services, Standard 16, Section III.C.
Detention Operations Manual, Detainee Services, Standard 16, Section III.F.
Detention Operations Manual, Detainee Services, Standard 16, Section III.F.
Detention Operations Manual, Detainee Services, Standard 16, Section III.G.
Notes of delegation member
(b)(6)
Notes of delegation member
on conversation with Warden (b)(6), (b)(7)c
Notes of delegation members
.
(b)(6)
Notes of delegation members
n interview with detainee

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

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

54

55
56

Notes of delegation member
Charge (b)(6), (b)(7)c
Notes of delegation member
Notes of delegation member

(b)(6)

(b)(6)

, on conversation with Warden

(b)(6)
, on interview with detainee
, on interview with detainee

(b)(6)

(b)(6)

5
[New York #1517786 v7]

and Officer-in-

(b)(6)

Telephones are available for use by detainees all day until lights out (10:00 pm), except
during meals and short periods such as telephone maintenance.57
The telephone access policy is detailed in the Detainee Handbook. The handbook
describes the general mechanics of telephone calls, including instructions on use of
telephones, time limits, purchasing and refilling calling cards, requests for emergency
calls and provisions for free calls.58 There are no other written telephone policies aside
from those in the handbook.59
The handbook advises detainees that calls should not last more than fifteen
minutes, except calls to consulates and pro bono attorneys which can exceed the normal
fifteen minute limit.60 This information should be changed to reflect the Standards’
twenty-minute minimum.61 In practice, there are no time limits on any calls except where
other detainees are waiting to use the telephones.62
Detainees housed in the Special Management Unit retain the same telephone
privileges as other detainees.63
ii.

Messages

The Standards require the facility to deliver messages to detainees as quickly as
possible.64 For emergency calls, a detailed message must be taken and delivered to
detainees as soon as possible; at contract detention facilities (“CDF”) like EDF, messages
must be delivered at least three times per day.65
EDF has not met this section of the Standards; there are problems with
attorney communication with detainees. EDF does not have a consistent policy
regarding telephone messages for incoming calls. Messages are delivered to detainees on
an ad hoc basis.66 The staff at EDF generally delivers urgent messages to detainees.67
Not all messages from attorneys are delivered to detainees.68 The staff will pass on the
fact that an attorney called, but will not deliver any substantive message.69 Attorneys
cannot call to set up meetings with detainees in advance.70 During interviews, detainees
57

58
59
60
61
62
63
64
65
66
67
68
69
70

(b)(6)
Notes of delegation member
on conversation with Warden(b)(6), (b)(7)c notes of delegation
(b)(6)
member
on conversation with Officer-in-Charge(b)(6), (b)(7)c
EDF Detainee Handbook, p. 3.
Notes of delegation member
on conversation with Officer-in-Charge (b)(6), (b)(7)c
(b)(6)
EDF Detainee Handbook, p. 3.
Detention Operations Manual, Detainee Services, Standard 16, Section III.F.
Notes of delegation member
on conversation with Supervisory Office (b)(6), (b)(7)c
(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge(b)(6), (b)(7)c
Detention Operations Manual, Detainee Services, Standard 16, Section I, III.I.
Detention Operations Manual, Detainee Services, Standard 16, Section I, III.I.
Notes of delegation member
on conversation with Officer-in-Charge (b)(6), (b)(7)c
Notes of delegation member
n conversation with Warden (b)(6), (b)(7)c
(b)(6)
Notes of delegation member
on conversation with Supervisory Office
Notes of delegation member
n conversation with Supervisory Officer (b)(6), (b)(7)c
Notes of delegation member
n conversation with Supervisory Officer

6
[New York #1517786 v7]

confirmed that the facility does not deliver telephone messages from attorneys.71 One
detainee said that he had not received messages from his attorneys, despite having been
told by his attorneys that they had called and left a message.72
iii.

Free Calls and Telephone Usage

The Standards require the facility to allow calls to the ICE-provided list of free
legal service providers and consulates at no cost.73 At a CDF facility, telephones must be
pre-programmed to allow direct free calls to legal service providers and consulates.74 All
other calls are to be permitted through use of debit cards.75
EDF substantially meets this section of the Standards; but the high cost of
telephone calls and lack of collect calling availability hinders telephone access. EDF
has pre-programmed its telephones to permit free calls to legal service providers and
consulates.76 Officer-in-Charge (b)(6), (b)(7)c provided the delegation with a copy of the
“Master List for ICE Preprogrammed Phone Numbers,” which includes telephone
numbers for legal service providers and immigration court offices, and the “Master List
for INS Preprogrammed Phone Numbers,” which provides telephone numbers for
consulates.77 The list of telephone numbers, legal service providers and immigration
court offices was observed posted on a bulletin board near the entrance to one of the
dormitory units, but the list of consulate telephone numbers was not observed on the
same bulletin board.78 One of the detainees who was interviewed indicated that he had
telephoned his consulate and that call was free.79
By filling out a form, detainees can purchase debit calling cards with funds from
detainees’ commissary accounts.80 The handbook indicates that calling cards are
available for purchase at intake and thereafter with commissary funds.81 Two detainees
indicated that the per-minute rates on the calling cards are expensive, often as much as $1
or $2 per minute for international calls.82 On occasion, indigent detainees are permitted

71

72

Notes of delegation members J
; notes of delegation members
(b)(6)
detainee
.
(b)(6)
Notes of delegation members

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

on interview with detainee
on intervie

(b)(6)

, on interview with detainee

(b)(6)

(b)(6)

(b)(6)

73
74
75
76
77
78
79

80

81
82

Detention Operations Manual, Detainee Services, Standard 16, Section I, III.E.
Detention Operations Manual, Detainee Services, Standard 16, Section I, III.E.
Detention Operations Manual, Detainee Services, Standard 16, Section I, III.E.
(b)(6)
Notes of delegation member
, on conversation with Officer-in-Charge (b)(6), (b)(7)c
Attached hereto as Exhibits G and H.
(b)(6)
Notes of delegation member
.
(b)(6)
Notes of delegation members J
, on interview with detainee
(b)(6)
.
(b)(6)
(b)(6)
Notes of delegation members
, on interview with detainee (b)(6)
, on conversation with Officer-in-Charge(b)(6), (b)(7)c
(b)(6) ; notes of delegation member
(b)(6)
EDF Detainee Handbook, p.3.
Notes of delegation members
, on interview with detainee (b)(6)
(b)(6)
notes of delegation member
on interview with detainee
(b)(6)
(b)(6)
(b)(6)

7
[New York #1517786 v7]

to make free calls, including international calls.83 Detainees are not permitted to make
collect calls.84 The delegation believes that the high costs of telephone calls, together
with the inability to make collect calls, may hinder detainees’ ability to collect evidence
for their legal cases, especially in the case of unrepresented detainees. Accordingly, the
delegation recommends that EDF and CCA allow detainees to make collect calls and
offer for sale the low-cost calling cards that are now readily available outside detention
centers.
iv.

Privacy for Legal Calls

The Standards require the facility to make accommodations to ensure that
detainees can make legal calls without being overheard by other detainees, facility staff
or officers.85
EDF substantially meets this section of the Standards. The telephones within
each dormitory unit are located near the common area and thus are in public locations
without privacy.86 There are small privacy panels beside the telephones,87 but it is not
clear that this ensures privacy for detainees when making legal calls. The delegation
suggests that EDF make available to detainees other telephones (for example, private
rooms with telephones) that allow for entirely private conversations with counsel.
v.

Monitoring of Calls

The Standards require the facility to maintain a written policy on the monitoring
of telephone calls.88 If the facility monitors calls, the facility shall provide notice to
detainees in the handbook and a written notice next to each telephone subject to
monitoring.89 Detainees’ calls regarding legal matters must not be monitored without a
court order.90
It is unclear whether EDF meets this section of the Standards; information
provided by the handbook and detainees conflicts with information provided by
facility staff. While the handbook states that “[a]ll non-legal phone calls are subject to
monitoring and/or recording,”91 Officer-in-Charge (b)(6), (b)(7)c said that EDF does not monitor
or record any telephone calls.92 Two detainees said that there is a recording at the
beginning of each call, audible by both parties to the call, which states that the call is
83

84

Notes of delegation members J
Charge(b)(6), (b)(7)c
Notes of delegation members J

n conversation with Officer-in(b)(6)

, on interview with detainee

(b)(6)

85
86
87
88
89
90
91
92

Detention Operations Manual, Detainee Services, Standard 16, Section I, III.J.
Notes of delegation member
.
(b)(6)
Notes of delegation member
.
Detention Operations Manual, Detainee Services, Standard 16, Section I, III.K.
Detention Operations Manual, Detainee Services, Standard 16, Section I, III.K.
Detention Operations Manual, Detainee Services, Standard 16, Section I, III.J, K.
EDF Detainee Handbook, p. 3.
Notes of delegation member
on conversation with Officer-in-Charge
(b)(6)

8
[New York #1517786 v7]

(b)(6)

(b)(6)

subject to recording and monitoring.93 One of the detainees indicated that he was not
aware of any other telephones that he could use that would allow him to have a
conversation with his attorney without hearing the message that the telephone call was
subject to monitoring.94 He said that the attorneys who frequently work with EDF
detainees are aware of the recording at the beginning of calls and EDF’s policy towards
monitoring or recording calls.95 The delegation is concerned, however, that the message
could hinder full and frank discussions.
d.

Legal Materials

The Standards provide that all facilities “shall permit detainees access to a law
library, and provide legal materials, facilities, equipment and document copying
privileges, and the opportunity to prepare legal documents.”96
i.

Access to the Library

The Standards state 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.”97 Additionally, detainees “shall be permitted to use the law library
for a minimum of five (5) hours per week. … Detainee requests for additional time in the
law library shall be accommodated to the extent possible, consistent with orderly and
secure operation of the facility. Special priority shall be given to requests for additional
library time when a detainee is facing a court deadline.”98
EDF substantially meets this section of the Standards, although additional
hours are apparently not permitted. The facility staff was not certain of the law library
hours, but indicated the hours are posted in the detainees’ dorms,99 and the delegation did
observe such a schedule in the women’s dorm.100 The law library schedule rotates access
by dorm; the schedules are set up to provide each dorm, and therefore each detainee, with
five hours of access per week.101 One detainee stated that library access is limited strictly
to one hour per day, with no exceptions.102 The schedule indicates the law library is open

93

94

Notes of delegation members
notes of delegation members
(b)(6)
(b)(6)
detainee
Notes of delegation members

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

(b)(6)
on interview with detainee
on interview with

, on interview with detainee
(b)(6)

(b)(6)

95

Notes of delegation members

96

Detention Operations Manual, Detainee Services, Standard 1, Section I.
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
Notes of delegation member
on conversation with Warden (b)(6), (b)(7)c
Notes of delegation member
.
(b)(6)
Notes of delegation member
on conversation with Supervisory Officer (b)(6), (b)(7)c EDF
Law Library Schedule; notes of delegation members
, an interview
(b)(6)
with detainee
(b)(6), (b)(7)c
(b)(6), (b)(7)c
Notes of delegation member
on conversation with detainee

97
98
99
100
101

102

, on interview with detainee

9
[New York #1517786 v7]

on weekdays from 8:30 a.m. to 3:30 p.m.103 These hours are also reflected in the
Detainee Handbook.104 The law library and recreation hours are on separate schedules
that do not overlap.105
ii.

Library Conditions

The Standards state a “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. It
shall contain a sufficient number of tables and chairs in a well-lit room, reasonably
isolated from noisy areas.”106
EDF meets this section of the Standards. The law library is located in a room
designated solely for that purpose and is equipped with a table capable of seating four to
six people.107 The delegation observed a group of four female detainees using the law
library at the time of the tour.108
iii.

Materials Identified in the Standards

The Standards provide the law library shall contain the materials listed in the
chapter on Access to Legal Materials, and “shall post a list of its holdings in the law
library.”109 Unrepresented illiterate or non-English speaking detainees “must be provided
with more than access to a set of English-language law books.”110
EDF substantially meets this section of the Standards, although detainees lack
access to foreign language materials. All legal materials in the law library are held in
hard copy; none are held in electronic form.111 Officer-in-Charge (b)(6), (b)(7)c indicated that
law library holdings are posted in the library.112 The delegation observed that the law
library contained most of the materials listed in the Standards.113 However, some
materials listed in the Standards that could not be located: United States Code, Title 8;
Immigration Law and Crimes; the UNHCR Handbook on Procedures and Criteria for
Determining Refugee Status; and the Lawyer’s Committee Handbook on Representing
Asylum Applicants.114 In addition, the library held a large number of English-foreign

103

104
105
106
107
108
109
110
111
112
113
114

(b)(6)
EDF Law Library Schedule; notes of delegation members
(b)(6), (b)(7)c
interview with detainee
EDF Detainee Handbook, Se
(b)(6)
Notes of delegation member
, on conversation with Warden (b)(6), (b)(7)c
Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
Notes of delegation member
(b)(6)
Notes of delegation member
Detention Operations Manual, Detainee Services, Standard 1, Section III.C.
Detention Operations Manual, Detainee Services, Standard 1, Section III.L.
Notes of delegation member
on conversation with Officer-in-Charge
Notes of delegation member
on conversation with Officer-in-Charge
(b)(6)
Notes of delegation member
Notes of delegation member

10
[New York #1517786 v7]

on

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

language dictionaries.115 However, one detainee, who is Japanese, noted that the library
contains no Japanese-English dictionary.116
One detainee indicated the library has useful materials and the librarian is
extremely helpful.117 However, he complained that while there are dictionaries in
multiple languages available at the library, all legal materials are in English and thus
inaccessible to him and many other detainees.118
iv.

Updating and Requesting Legal Materials

Under the Standards the facility “shall designate an employee with responsibility
for updating legal materials, inspecting them weekly, maintaining them in good
condition, and replacing them promptly as needed.”119 Additionally, the Standards
provide that “detainees who require additional legal material not available in the facility
law library shall make a written request to the employee responsible for maintaining and
updating library materials.”120 Finally, the Standards state “outside persons and
organizations may submit published or unpublished legal material for inclusion in a
facility’s law library.”121
EDF does not appear to fully meet the section of the Standards regarding
requesting legal materials. The facility has a designated officer, Officer(b)(6), (b)(7)c, who
“periodically” checks on and updates materials in the library.122
While the Detainee Handbook indicates that books not in the library can be
requested through Info Link Library Services,123 the facility staff interviewed were not
sure if there was a procedure for requesting additional legal materials (though they said
there should be).124 Warden (b)(6), (b)(7)c indicated that any such materials would be provided
upon request, though nothing is issued to the detainees regarding making such
requests.125 Supervisory Officer (b)(6), (b)(7)c, on the other hand, stated that if a detainee
requests a particular item, the staff will “sometimes” ask ICE to send it.126 There is
therefore a discrepancy between the procedure provided in the Detainee Handbook and
the knowledge about such procedures among the facility staff. If staff is not certain of
the appropriate procedure, it seems unlikely the procedure is effectively communicated to
detainees.
115
116

117
118
119
120
121
122
123
124
125
126

Notes of delegation member
(b)(6)
(b)(6)
Notes of delegation member
on interview with detainee (b)(6), (b)(7)c
(b)(6), (b)(7)c .
Notes of delegation member
on interview with detainee
(b)(6)
(b)(6), (b)(7)c
Notes of delegation member
on interview with detainee
Detention Operations Manual, Detainee Services, Standard 1, Section III.E.
Detention Operations Manual, Detainee Services, Standard 1, Section III.I.
Detention Operations Manual, Detainee Services, Standard 1, Section III.D.
(b)(6)
Notes of delegation member
, on conversation with Warden
EDF Detainee Handbook, Section J.
(b)(6), (b)(7)c
Notes of delegation member
on conversation with Warden
Notes of delegation member
on conversation with Warden
(b)(6)
Notes of delegation member
, on conversation with Supervisory Officer (b)(6), (b)(7)c

11
[New York #1517786 v7]

The facility staff states that pro bono groups, such as the American Friends
Service Committee, have in the past provided materials to the library.127
v.

Computer Access, Equipment and Photocopiers

The Standards state the law library “shall provide an adequate number of
typewriters and/or computers, writing implements, paper, and office supplies to enable
detainees to prepare documents for legal proceedings.”128
EDF substantially meets this section of the Standards. The law library has a
typewriter, copier and two computers.129 The delegation observed the copier being
used,130 and both computers were on and appeared to be in working order, though there
was not an opportunity to test them.131 Detainees may use the computers only for word
processing.132 There is no internet access at the facility.133
The delegation received inconsistent information regarding detainees’ access to
floppy discs for use with the computer. The officer on duty in the library stated that
detainees are permitted to save word processing work on a floppy disc that must remain
in the library.134 However, another officer indicated that detainees are not provided
discs.135
One detainee confirmed that he was permitted free use of the law library
equipment.136 Another stated that while he has access to the library, one of the two
computers available in the law library is usually not functioning.137 This detainee also
stated that the printer in the library sometimes does not work.138
vi.

Photocopiers

The Standards state “the facility shall ensure that detainees can obtain
photocopies of legal material, when such copies are reasonable and necessary for a legal
proceeding involving the detainee.”139
EDF staff and detainees provided conflicting information regarding whether
EDF meets this section of the Standards. The law library has a small photocopier on
127
128
129
130
131
132
133

(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge
Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
(b)(6), (b)(7)c
Notes of delegation member
on conversation with Warden (b)(6), (b)(7)c
Notes of delegation member
on conversation with Officer-in-Charge
(b)(6)
Notes of delegation member
Notes of delegation member
on conversation with Officer
(b)(6), (b)(7)c
(b)(6)
Notes of delegation members
, on interview with detainee (b)(6), (b)(7)c
(b)(6), (b)(7)c

134
135
136
137
138
139

Notes of delegation member
Notes of delegation member
Notes of delegation member
Notes of delegation member
Notes of delegation member
Detention Operations Manua

(b)(6)

on conversation with Officer
(b)(6), (b)(7)c
on conversation with Supervisory Officer (b)(6), (b)(7)c.
on interview with detainee
o.
on interview with detainee (b)(6), (b)(7)c
on interview with detainee
es, Standard 1, Section III.J.

12
[New York #1517786 v7]

which detainees can make free copies.140 The facility staff states that if the photocopier is
broken, the ICE office will make copies for the detainees.141
One detainee stated that officers sometimes deny requests for photocopying,
though it was not clear to the delegation whether this was in relation to legal or non-legal
documents.142 Another said he had been limited to making three or four photocopies per
day,143 and that detainees have missed court deadlines because of copying restrictions.144
vii.

Assistance From Other Detainees

The Standards provide that the law library “shall permit detainees to assist other
detainees in researching and preparing legal documents upon request, except when such
assistance poses a security risk.”145
EDF meets this section of the Standards. Facility staff indicated that there is no
policy against detainees assisting other detainees,146 and that detainees are permitted to
assist each other in researching and repairing legal documents.147 During the tour of the
law library, the delegation observed a detainee explaining a book to another detainee.148
One detainee confirmed that detainees are permitted to assist each other when
conducting legal research and preparing legal documents.149
viii.

Law Library Access for Detainees in Special
Management Units

The Standards provide that “[d]etainees housed in Administrative Segregation or
Disciplinary Segregation units shall have the same law library access as the general
population, unless compelling security concerns require limitations.”150
EDF meets this section of the Standards. Detainees housed in segregation are
permitted access to the library.151 The Law Library Schedule provides access for the
Special Management Unit for one hour each weekday.152 The facility staff indicates that

140
141
142

Notes of delegation member
Notes of delegation member
Notes of delegation members

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

on conversation with Officer-in-Charg
(b)(6), (b)(7)c
n conversation with Officer-in-Charge
(b)(6)
on interview with detainee (b)(6), (b)(7)c

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

143
144
145
146
147
148
149

150
151
152

Notes of delegation member
on interview with detainee
(b)(6)
(b)(6), (b)(7)c
Notes of delegation member
on interview with detainee
Detention Operations Manual, Detainee Services, Standard 1, Section III.K.
Notes of delegation member
on conversation with Officer-in-Charge (b)(6), (b)(7)c
(b)(6)
Notes of delegation member
on conversation with Warden(b)(6), (b)(7)c
Notes of delegation member
Notes of delegation members
on interview with (b)(6), (b)(7)c
(b)(6)
(b)(6), (b)(7)c .
Detention Operations Manual, Detainee Services, Standard 1, Section III.M.
Notes of delegation member
on conversation with Officer-in-Charge (b)(6), (b)(7)c
(b)(6)
EDF Law Library Schedule.

13
[New York #1517786 v7]

no detainee has been denied access to the library.153 If any detainee were denied access,
this would be recorded on the detainee’s disciplinary report.154
ix.

Retention of Legal Materials

The Standards provide that facilities shall permit detainees to retain all personal
legal material upon admittance to the general population or segregation, unless such
material creates a safety, security, and/or sanitation hazard.155 The facility may require
detainees with a large amount of personal legal material to place some of the material in a
personal property storage area, with access permitted during designated hours.156
Requests for access to stored legal material should be granted within 24 hours of the
detainee’s request.157
EDF meets this section of the Standards. Detainees may keep legal materials in
their dormitories unless the materials are too numerous, in which case they will be put
into a storage facility that the detainee can access upon request.158
e.

Group Rights Presentations

The Standards provide that facilities “shall permit authorized persons to make
presentations to groups of detainees for the purpose of informing them of U.S.
immigration law and procedures, consistent with the security and orderly operation of
each facility.”159 Informational posters are to be prominently displayed in the housing
units at least 48 hours in advance of a scheduled presentation.160 In addition, detainees
shall have regular opportunities to view an “INS-approved videotaped presentation on
legal rights.”161 Facilities should fully cooperate with organizations seeking to make
such presentations,162 and should allow them to meet with individual detainees after the
group presentations to discuss their cases.163
It appears that EDF substantially meets this section of the Standards,
however, detainees reported that they have not seen a Know Your Rights video.
According to the staff, various pro bono groups put on group rights presentations at EDF
every Thursday and on certain other days.164 Typically, these pro bono groups are given
153
154
155
156
157
158

159
160
161
162
163
164

Notes of delegation member
on conversation with Officer-in-Charge
(b)(6), (b)(7)c
(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge
Detention Operations Manual, Detainee Services, Standard 1, Section III.K.
Detention Operations Manual, Detainee Services, Standard 1, Section III.K.
Detention Operations Manual, Detainee Services, Standard 1, Section III.K.
Notes of delegation member
on conversation with Officer-in-Charge (b)(6), (b)(7)cnotes of
(b)(6)
delegation members
on interview with detainee (b)(6), (b)(7)c
(b)(6)
(b)(6), (b)(7)c .
Operations Manual, Detainee Services, Standard 9, Section I.
Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
Detention Operations Manual, Detainee Services, Standard 9, Section III.I.
Detention Operations Manual, Detainee Services, Standard 9, Section I.
Detention Operations Manual, Detainee Services, Standard 9, Section III.G.
Notes of delegation member
on conversation with Officer-in-Charge (b)(6), (b)(7)c
(b)(6)

14
[New York #1517786 v7]

lists of new detainees and then seek out these detainees for the presentations.165
Detainees may keep any pamphlets or information given out at these meetings, and the
presenters are permitted to meet individually with detainees after the presentations.166
The only limitation is that persons who were previously detained at Elizabeth cannot
participate in the presentations.167 Officer-in-Charge (b)(6), (b)(7)c informed the delegation that
he can recall only one instance a few years prior in which a group was banned from
making a presentation because the group was trying to “promote a disturbance.”168
The delegation did not observe any posters announcing a group rights
presentation.169 Two of the detainees interviewed reported that they had never heard of
the Florence Project’s “Know Your Rights” video.170 Officer-in-Charge (b)(6), (b)(7)c seemed
to be familiar with the video but uncertain of whether it is available for detainee
viewing.171 One detainee said that he has never heard of a group rights presentation
taking place or a video on detainee rights being shown in the eight months he has been at
the Elizabeth Center, nor has he ever seen a sign announcing such a presentation.172
f.

Correspondence

The Standards require that detainees be allowed to send and receive
correspondence in a timely manner, subject only to limitations required for safety,
security, and orderly operation of the facility.173 General correspondence shall normally
be opened and inspected for contraband in the presence of the detainee, but may be
opened and read outside the presence of the detainee if security reasons exist for doing
so.174 Special correspondence (e.g. written communication to or from attorneys, legal
representatives, judges, courts, government officials, and the news media) is treated
differently.175 Incoming special correspondence can be inspected for contraband only in
the presence of the detainee, but may not be read or copied.176 Outgoing special
correspondence cannot be opened, inspected, or read.177 The detainee handbook must
specify how to address correspondence, the definition of special correspondence and how
special correspondence should be labeled, and the procedure for purchasing postage and
rules for providing indigent detainees free postage.178 The Standards also require that
165
166
167
168
169
170

171
172
173
174
175
176
177
178

Notes of delegation member
on conversation with Officer-in-Charge
Notes of delegation member
on conversation with Officer-in-Charge
(b)(6), (b)(7)c
Notes of delegation member
on conversation with Officer-in-Charge
(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge
Notes of delegation member
Notes of delegation member
on interview with detainee (b)(6), (b)(7)c
notes of
delegation members
on interview with detainee (b)(6), (b)(7)c
(b)(6)
(b)(6), (b)(7)c .
(b)(6), (b)(7)c
Notes of delegation member
on conversation with Officer-in-Charge
(b)(6)
(b)(6), (b)(7)c
Notes of delegation member
on interview with detainee
Detention Operations Manual, Detainee Services, Standard 3, Section I.
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B, E & F.
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & F.
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B.

15
[New York #1517786 v7]

facilities provide indigent detainees with free postage for mail related to a legal matter,
including correspondence to a legal representative, potential representative, or any court,
and that indigent detainees be permitted to mail at government expense a “reasonable
amount of mail each week.”179 The facility should also provide paper, writing
implements and envelopes at no cost to all detainees.180 Finally, the Standards suggest
that facilities notify detainees of specific information regarding correspondence
policies.181
EDF appears to meet this section of the Standards, but detainees report that
detainees (including indigent detainees) are not provided with writing supplies at no
cost. Some but not all of the policies regarding correspondence are detailed in the
Detainee Handbook,182 and the detainees interviewed by the delegation appeared to be
familiar with these policies.183 The Handbook does not specify how to address
correspondence, the definition of special correspondence, or how correspondence should
be labeled in order to be treated as special correspondence, or that special correspondence
my be inspected for contraband but not read.184 Incoming mail is distributed to detainees
on a daily basis.185 EDF inspects all general correspondence for contraband in the
presence of the detainee.186 The handbook contains a list of “acceptable” items that may
be kept in a detainee’s dormitory, but the delegation was informed that the staff
determines whether an item sent by mail that is not on the list of acceptable items is
unacceptable on a case-by-case basis.187 Acceptable items sent by mail are typically kept
in storage for the detainee until they leave the facility.188 Monetary gifts are deposited
into the detainee’s account, and detainees are given receipts for all money or property

179
180
181
182
183
184
185

186

187

188

Detention Operations Manual, Detainee Services, Standard 3, Section III.I.
Detention Operations Manual, Detainee Services, Standard 3, Section III.J.
Detention Operations Manual, Detainee Services, Standard 3, Section III.B.
EDF Detainee Handbook, p
(b)(6), (b)(7)c
(b)(6)
Notes of delegation member
on interview with detainee
EDF Detainee Handbook, pp. 10, 11.
(b)(6)
Notes of delegation member
on conversation with Warden
and interview
(b)(6), (b)(7)c
with detainee
(b)(6)
Notes of delegation member
on conversation with Warden(b)(6), (b)(7)cand interview
(b)(6),
(b)(7)c
with detainee
(b)(6)
Notes of delegation member
on conversation with Warden
EDF Detainee
Handbook, p. 12.
(b)(6)
Notes of delegation member
, on conversation with Warden(b)(6), (b)(7)c. However,
according to the Detainee Handbook, no packages will be accepted on behalf of detainees. EDF
Detainee Handbook, p. 11.

16
[New York #1517786 v7]

received.189 Unacceptable items are confiscated and returned to the sender.190 Special
correspondence is not reviewed or read by the staff but is “scanned” for contraband.191
If CCA determines that a detainee is indigent, they will not be required to pay for
postage.192 The Detainee Handbook states that a detainee is considered indigent if there
is a balance of less than $3.00 in his account for thirty days.193 However, according to
one detainee, a detainee will not be considered indigent unless there is no money in his or
her account for twenty consecutive days.194 The handbook also states that indigent
detainees will be given sufficient stationery and postage to send three letters per week.195
However, the delegation was informed by one detainee that even if a detainee is indigent
and is offered free postage, he still must purchase his own pen and paper, thus effectively
preventing him from sending mail.196
4.

Other Detention Standards
a.

Food Service

The Standards state that the overall goal of the food service program is to provide
nutritious and appetizing meals to detainees.197 Detainees must be provided with a menu
that incorporates the best nutritional program the facility can afford.198
Detainees indicated that EDF is not providing adequate food or water. The
facility has a dietician on staff who plans meals.199 While touring the kitchen at the
189

190
191
192
193
194
195

196

197

198

(b)(6)
Notes of delegation member
on conversation with Warden (b)(6), (b)(7)c However, the
Detainee Handbook states that money is contraband and will be confiscated and does not indicate that
the money will be kept for use by the detainee. EDF Detainee Handbook, p. 10. One detainee also
reported that the Elizabeth Center used to give out a balance state
(b)(6)
account, but has stopped doing so. Notes of delegation members
on interview with detainee
(b)(6), (b)(7)c
Notes of delegation member
on conversation with Warden
(b)(6)
Notes of delegation member
on conversation with Warden (b)(6), (b)(7)c
Notes of delegation member
on conversation with Warden
EDF Detainee Handbook, p.
(b)(6)
Notes of delegation member
on interview with detainee
(b)(6), (b)(7)c
EDF Detainee Handbook, p. 11. This does not appear to be in accord with the Standards, which
provide that indigent detainees should be permitted to mail at least five pieces of special
correspondence and three pieces of general correspondence per week, as well as all legal
correspondence. Detainee Operations Manual, Detainee Services, Standard 3, Section III.I.
(b)(6), (b)(7)c
Notes of delegation member
, on interview with detainee
(b)(6)
(b)(6), (b)(7)calso stated that pens and paper must be purchased at the commissary. Notes of delegation
(b)(6)
member
, on interview with detainee
(b)(6), (b)(7)c
Detention Operations Manual, Detainee Services, Standard 7, Section III.D. Food in the EDF is
prepared on-site in a large, industrial kitchen. The delegation was able to tour the kitchen. At the time
of our visit, approximately three staff members were working in the kitchen supervising eight to nine
detainees. Notes of delegation member
on conversation with Officer-in-Charge
(b)(6)
. Detainees are permitted to work in the kitchen, but are only involved in the serving of food and
(b)(6), (b)(7)c
cleaning; those who work in the kitchen earn $1 per day. Notes of delegation member
(b)(6)
on conversation with Officer-in-Charge(b)(6), (b)(7)c.
Detention Operations Manual, Detainee Services, Standard 7, Section III.D.1.

17
[New York #1517786 v7]

Elizabeth facility, we were shown a sample meal tray, which included macaroni and
cheese, chicken, a brownie, and green beans. We were also shown a copy of a weekly
meal plan, which contained the following sample meal:
Orange Juice 4 oz.
Waffles – 2 each
Farina – 4 oz.
Syrup/Oleo
Corn muffin – 1
2% milk – 8 oz.
Coffee/tea
Although the quantity of food provided based on the sample menu and the tray
that the delegation observed appeared adequate, one detainee remarked that he was
“scantily fed.”200 Another detainee remarked that there was a lack of fresh fruits and
vegetables.201 If a detainee misses a meal due to a meeting with a visitor or an attorney,
the meal is saved for the detainee.202
The Standards do not require that snack food be provided to detainees. However,
detainees are permitted to purchase snack food between regular meals.203 Detainees
purchase snacks from a snack cart.204 Detainees’ commissary accounts are debited when
snacks are purchased.205 Items sold in the commissary are, according to one detainee,
“extremely expensive.”206 The commissary serves items including soup, coffee, and
tea.207 The soups sold in the commissary are instant soups that must be mixed with hot
water,208 but there are problems with the water. One of the detainees interviewed stated
that detainees are told to use hot tap water from the bathroom in their dormitory to create
instant soups.209 Another detainee stated that the water that the detainees use for this
purpose and the water that they drink is not potable.210 The detainee suggested that the
drinking water provided to detainees is the same water that is flushed down the toilets.211
He said that drinking water and the water that comes out of the hot water taps is almost
199
200

201
202

203
204
205
206
207

(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge(b)(6), (b)(7)c.
(b)(6)
Notes of delegation member
, on interview with detainee(b)(6), (b)(7)c
indicated that he believed that detainees were fed scantily to force them to buy
(b)(6), (b)(7)c
additional food from the commissary. Id.
Notes of delegation member
on conversation with detainee
(b)(6), (b)(7)c
(b)(6)
(b)(6)
Notes of delegation member
on conversation with
Officer-in-Charge(b)(6), (b)(7)c.
(b)(6)
Notes of delegation member
on conversation with Officer-in-Charg
Notes of delegation member
n conversation with Officer-in-Charge (b)(6), (b)(7)c
(b)(6)
Notes of delegation member
n conversation with Officer-in-Charge
(b)(6)
Notes of delegation member
on interview with detainee (b)(6), (b)(7)c
(b)(6)
Notes of delegation members
on conversation with detainee
(b)(6), (b)(7)c

208

209
210
211

Notes of delegation member
(b)(6)
members
Notes of delegation members
Notes of delegation members
Notes of delegation members

(b)(6)

on interview with
on interview wit

Notes of delegation

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

on interview with
, on interview with
, on interview with

(b)(6)

18
[New York #1517786 v7]

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

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

white, which he believes is due to the excessive amounts of chlorine that is used to treat
the water.212 Another detainee noted that a formal joint complaint was submitted
regarding the lack of hot water.213
The Standards require that all reasonable efforts be made to accommodate special
food services required by a detainee’s particular religion.214 The facility accommodates
the dietary needs of detainees who engage in religious fasting.215 For example, for those
detainees who fast for religious holidays like Ramadan, the facility provides prepared
meals after sundown, or otherwise accommodates such requests.216 The facility does not
serve any pork products,217 which assists in accommodating the religious needs of some
of the population. If a special diet is mandated by the medical staff, it is provided by the
kitchen staff.218 For instance, a special diet is available for diabetics.219 However, one
detainee that was interviewed stated that his medically required dietary needs were not
being met.220 He indicated that due to his medical condition, the medical staff
recommended that he be served a double fruit portion, but the kitchen manager did not
accommodate this request. He also stated that the food served to the general population
was also too salty, too fatty, and contained too little fiber to meet his medically required
dietary needs.221
b.

Recreation

The Standards require that each detainee have access to outdoor or indoor
recreation for at least one hour daily, five days per week.222 The facility provides both
indoor and outdoor recreation. Detainees are permitted one hour per day, five days per
week, of indoor recreation and the same amount of outdoor recreation.223 The delegation
had the opportunity to observe both recreation areas.
EDF meets this Standard. The outdoor recreation area consists of a square
courtyard area in the middle of the facility that is approximately 40 feet by 40 feet. The
area has a basketball hoop, a volleyball net, and a bench. Its walls are covered with a

212
213
214
215

216
217
218
219
220

(b)(6), (b)(7)c
(b)(6)
Notes of delegation members
, on interview with
(b)(6)
(b)(6), (b)(7)c
Notes of delegation member
on interview with
Detention Operations Manual, Detainee Services, Standard 14, Section III.M.
Notes of delegation member
, on conversation with Officer-in-Charge(b)(6), (b)(7)c.
(b)(6)
(b)(6)
Delegation member
also observed a letter on a bulletin board from detainees of the
facility thanking the facility staff for “special accommodations” during the Ramadan holidays.
Notes of delegation member
on conversation with Officer-in-Charge
Notes of delegation member
on conversation with Officer-in-Charge(b)(6), (b)(7)c
(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge
(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge(b)(6), (b)(7)c.
(b)(6)
Notes of delegation member
on interview with
e(b)(6), (b)(7)c
(b)(6), (b)(7)c

221

(b)(6)
Notes of delegation members
on interview with detainee
.
(b)(6), (b)(7)c
222
Detention Operations Manual, Detainee Services, Standard 13, Section III.B.
223
Notes of delegation member
, on conversation with Officer-in-Charge (b)(6), (b)(7)c
(b)(6)

19
[New York #1517786 v7]

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

colorful mural.224 The area receives some natural sunlight from a series of skylights in
the center of the roof, which were suspended by a wire or netted frame.225 If the women
are in the outdoor recreation area, the officers close the blinds to the windows on the area
to give the women some privacy.226
The facility has separate indoor recreation areas for males and for females.227 The
delegation observed the following in the men’s indoor recreation room: a general library
of books, video games, a ping pong table, a large map of the world, board games, a
foosball table, chess and checkers, a television and a VCR.228 The room also contained
exercise equipment including a workout machine with attached weights, a stationary
bike, and a treadmill.229 Books can be removed from the indoor recreation area on a signout basis.230
Detainees in segregation receive outdoor and indoor recreation time like other
detainees; however, they are segregated in recreation areas.231 Library and recreation
hours are on different schedules that do not overlap.232
c.

Medical Care

The Standards require that all detainees have access to medical services that
promote detainee health and general well-being.233 Each facility is required to have
regularly scheduled times, known as sick call, when medical personnel are available to
see detainees who have requested medical services.234 For a facility of over 200
detainees, a minimum of five days per week is suggested.235 The Standards require that
the facility have a procedure in place to ensure that all requests for sick call care are
received by the medical facility in a timely manner236 and that facilities have procedures
in place to provide emergency medical care for detainees who require it.237 The
Standards also require that each facility provide its detainee population with initial
224
225

226
227
228

229

230
231
232
233
234
235
236
237

(b)(6)
Notes of delegation member
.
One of the detainees noted that detainees receive very little sunlight. Notes of delegation member
(b)(6)
, on conversation with detainee
As a consequence, detainees develop
(b)(6), (b)(7)c
skin diseases that could easily be avoided. Id.
(b)(6)
Notes of delegation member
on conversation with Supervisory Officer (b)(6), (b)(7)c
(b)(6)
Observations of delegation member
Notes of delegation members
If something of interest
(b)(6)
to the population is on television, the facility from time to time extends the 10:00 PM curfew at the
request
es. Notes of delegation member
on conversation with Officer-in(b)(6)
Charge (b)(6), (b)(7)c
There is no sign-out system for the machines; inmates can use them whenever available. Notes of
(b)(6)
delegation member
on interview with Officer (b)(6), (b)(7)c
Notes of delegation member
on conversation with Officer (b)(6), (b)(7)c
(b)(6)
Notes of delegation member
n conversation with Officer-in-Charge (b)(6), (b)(7)c
(b)(6)
Notes of delegation member
on conversation with Warden (b)(6), (b)(7)c
Detention Operations Manual, Health Services, Standard 2, Section I.
Detention Operations Manual, Health Services, Standard 2, Section III.F.
Detention Operations Manual, Health Services, Standard 2, Section III.F.
Detention Operations Manual, Health Services, Standard 2, Section III.F.
Detention Operations Manual, Health Services, Standard 2, Sections III.A, D and G.

20
[New York #1517786 v7]

medical screening,238 that medical treatment not be administered against a detainee’s
will,239 and that the facility health care provider release copies of health records be
directly to the detainee upon written authorization by the detainee.240 Finally, the
Standards provide that medication be distributed according to the specific instructions
and procedures established by the health care provider.241
EDF substantially meets this section of the Standards; however, detainees
reported that medical care is often delayed and that it can be difficult to obtain
medication. On-site health care is available to detainees at the Elizabeth, NJ facility 24
hours per day.242 The facility is run by the U.S. Public Health Service.243 The delegation
had the opportunity to tour the health services facility, and to meet with Lieutenant
Commander
, Health Services Administrator, and
,a
(b)(6), (b)(7)c
(b)(6)
physician’s assistant.
There are twelve staff on-site in the health services area, including one clinical
physician, one doctor, who is a cardiologist, one chief physician, one pharmacist, one
physician’s assistant, five nurses, one medical records staff person and one administrative
assistant.244 During the evening, either a nurse or a physician’s assistant is on staff.245
The facility focuses a great deal on mental health. A psychiatrist comes in every Friday,
when he has regular appointments with certain inmates, and meets with others on an asneeded basis.246 Detainees receive ongoing dental care at the facility, and there is a
dentist who is on-call.247 Medical examinations by a practitioner not associated with ICE
are allowed on a case-by-case basis.248
If an EDF detainee requires medical care, he or she must fill out a form to
formally request medical treatment.249 Detainees must put a written request for medical
238
239
240
241
242
243

244

Detention Operations Manual, Health Services, Standard 2, Section III.A.
Detention Operations Manual, Health Services, Standard 2, Section III.L.
Detention Operations Manual, Health Services, Standard 2, Section III.M.
Detention Operations Manual, Health Services, Standard 2, Section III.I.
Notes of delegation member
on conversation with Officer-in-Cha
(b)(6)
(b)(6)
Notes of delegation member
on conversation with Commander

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

(b)(6)

delegation member

(b)(6)

on conversation with Commander

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

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

245
246
247

248

249

(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge (b)(6), (b)(7)c
Notes of delegation member
n
conversation with
.
(b)(6)
(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge (b)(6), (b)(7)c One of
the detainees interviewed stated that he once left the facility for treatment of an infe
. Notes
of delegation member
on interview with detainee (b)(6), (b)(7)c
The detainee did
(b)(6)
not complain about the dental care, but stated that he was chained in three places before leaving the
detention facility and that the chains were not removed during the procedure. Id.
(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge (b)(6), (b)(7)c
Medications that are received through the mail from family or friends of detainees are returned to the
(b)(6)
sender as non-approved personal items. Notes of delegation member
, on conversation
with Warden(b)(6), (b)(7)c
(b)(6)
Notes of delegation member
, on conversation with Officer-in-Charge (b)(6), (b)(7)c
Detainees must put a written request for medical care into a box the night before they
to see

21
[New York #1517786 v7]

care into a box the night before they would like to see a doctor.250 Detainees are then
contacted by the health care staff and informed as to when they can see a doctor.251
Although none of the detainees interviewed indicated that they had been denied medical
attention outright, one of the detainees interviewed stated that the facility is often quite
slow in responding to requests for medical care, and that requests for sick calls often had
to be made multiple times before treatment was received.252 Another detainee noted that
guards act as gatekeepers to the medical personnel and have sometimes hindered his
ability to address his medical needs.253 In addition, the detainee noted that he has had
difficulty getting his heart medication despite repeated referrals.254 He also noted that he
sometimes does not receive refills before his supply runs out.255
If the detainee does not speak English, doctors need a consent form from the
detainee and the doctor in order for an interpreter to be present.256 The on-site health
service will arrange for an interpreter to be provided for the detainee.257 The interpreter
can be present during the medical examination.258
Detainees are treated on-site whenever possible.259 However, when there is an
emergency, the dormitory monitor informs the medical staff and a detainee is seen right
away and taken to the hospital immediately.260
When a detainee enters the facility, they are medically screened prior to being
integrated into the population.261 Detainees receive a dental screening,262 vital signs are

250
251
252

253

(b)(6)
a doctor. Notes of delegation member
on interview with detainee
(b)(6), (b)(7)c
However, one detainee stated that he must often make two or three requests before he is seen. Id.
Notes of delegation member
on interview with detainee
(b)(6)
Notes of delegation member
, on interview with detainee (b)(6), (b)(7)c
Notes of delegation member
on interview with detainee
This may be
explained by a triage type system, as the detainee noted, “you would have to be on the verge of
collapse in order to see a doctor immediately.” Notes of delegation member
, on
(b)(6)
interview with detainee (b)(6), (b)(7)c
(b)(6)
Notes of delegation members
regarding interview with detainee
(b)(6), (b)(7)c

254

Notes of delegation members

(b)(6)

on interview with detainee

(b)(6)

on interview with detainee

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

255

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

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

256
257

258
259
260
261

Notes of delegation member
Notes of delegation member
the doctors on staff attempt t
(b)(6)
delegation member
Notes of delegation member
Notes of delegation member
Notes of delegation member
Notes of delegation member

on conversation with Officer-in-Charge (b)(6), (b)(7)c
(b)(6)
on conversation with
. One detainee stated that
with all detainees in their native language. Notes of
(b)(6), (b)(7)c
, on interview with detainee
on conversation with Officer-in-Charge
on conversation with Officer-in-Charge
on conversation with Officer-in-Charge
(b)(6), (b)(7)c
(b)(6)
on conversation with Officer-in-Charge
(b)(6)

(b)(6)

262

Notes of delegation member

on conversation with Officer-in-Charge

22
[New York #1517786 v7]

taken, a mental health screen takes place, and a purified protein derivative (“PPD”) skin
test is given for tuberculosis (“TB”) screening.263
If a detainee is determined to be HIV positive, the health services staff would set
up social services for the individual and would coordinate with Saint Michaels Medical
Center in Newark, NJ for infectious disease.264 HIV positive individuals would not be
segregated from the general population.265 According to Officer-in-Charge (b)(6), (b)(7)c the
facility has not admitted any detainee who is HIV positive to date.266
If a woman is found to be pregnant at the initial screening, she is examined
initially in health services, and then is sent to a local hospital for further obstetrics and
gynecological care (to either Trinitas Hospital, Elizabeth, NJ, or Elizabeth General
Hospital, Elizabeth, NJ).267 Women are also sent off-site to local hospitals for other
routine GYN care and testing, such as PAP smears.268
Detainees can get copies of their health records at the facility: these records are
treated as their own.269
The Standards require that consent forms be obtained from all detainees before
any medical examination or treatment is given, except in emergency circumstances.270
When a detainee enters the health services area, there is a treatment authorization form
that they must sign before they are treated.271 EDF staff said that the facility never
provides medical care against a detainee’s will.272
d.

Detainee Classification

The Standards require that detention facilities use a classification system and
physically separate detainees into different categories.273 A detainee’s classification is to
be determined utilizing “objective” criteria, including criminal offenses, escape attempts,
institutional disciplinary history, violent incidents, etc.274 Opinions, unconfirmed and
unverified information, and physical characteristics and appearance are not to be taken

263
264

265
266

267
268
269

Notes of delegation member
on conversation with
.
(b)(6)
Notes of delegation member
on conversation with
. We are not aware if the
(b)(6)
facility has housed HIV-positive detainees.
Notes of delegation member
on conversation with
.
(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge (b)(6), (b)(7)c However,
according to health care staff, their policy is not to tell facility staff if a detainee is HIV positive or has
(b)(6)
hepatitis. Notes of delegation member
Notes of delegation member
on conversation with
(b)(6)
(b)(6)
Notes of delegation member
on conversation with
(b)(6), (b)(7)c
(b)(6)
Notes of delegation member
, on conversation with Officer-in-Charge
(b)(6)

270
271
272
273
274

Detention Operations Manual, Health Services, Standard 2, Sectio
(b)(6)
Notes of delegation member
on conversation with
(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge
Detention Operations Manual, Detainee Services, Standard 4, Section I.
Detention Operations Manual, Detainee Services, Standard 4, Section III.D.

23
[New York #1517786 v7]

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

into account.275 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
EDF does not apply this Standard; it does not classify detainees. Detainees are
not classified in any way at the facility, including according to security risk.277 The
Detainee Handbook contains no reference to classification schemes.278 The facility does
not house criminal detainees.279 For these purposes, “criminal” was explained to include
not only detainees with domestic or foreign convictions, but also those otherwise
regarded as posing a security risk.280 Moreover, any detainee who while at the facility
comes to be regarded as violent or a security threat is transferred to a local jail detention
facility.281 It was not clear to the delegation whether the decision to transfer a detainee
for security reasons is based on objective criteria.
e.

Grievance Procedures

The Standards require that every facility develop and implement standard
procedures for handling formal and informal detainee grievances.282 Translating
assistance for both formal and informal grievances must be provided upon request.283
The Standards also require that each facility establish a reasonable time limit for: (1)
“processing, investigating, and responding to grievances;” (2) “convening a grievance
committee to review formal complaints;” and (3) “providing written responses to
detainees who filed formal grievances, including the basis for the decision.”284 All
grievances must receive supervisory review, include guarantees against reprisal, and
allow for appeals.285
EDF does not meet this section of the Standards; one detainee was told his
grievance would not be heard, and another reported that his grievances were not
addressed. Officer-in-Charge (b)(6), (b)(7)c stated that grievances are dealt with informally
when possible and elevated or referred to ICE when necessary.286 Two detainees stated
that grievances are not attended to: one stated that a CCA guard once taunted him,
saying that he could complain if he wanted but that it would go nowhere,287 while another
stated that although he repeatedly reported that another detainee was threatening him with
275
276
277
278
279
280
281
282
283
284
285
286
287

Detention Operations Manual, Detainee Services, Standard 4, Section III.D.
Detention Operations Manual, Detainee Services, Standard 4, Section III.I.
(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge
EDF Detainee Handbook.
Notes of delegation member
on conversation with Officer-in-Charge (b)(6), (b)(7)c
(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge
Notes of delegation member
on conversation with Officer-in-Charge
Detention Operations Manual, Detainee Services, Standard 5, Sections I. & III.A.
Detention Operations Manual, Detainee Services, Standard 5, Sections III.A.1. & 2.
Detention Operations Manual, Detainee Services, Standard 5, Section I.
Detention Operations Manual, Detainee Services, Standard 5, Sections I. & III.C.
Notes of delegation member
on conversation with Officer-in-Charge(b)(6), (b)(7)c.
(b)(6)
Notes of delegation member
on interview with detainee (b)(6), (b)(7)c

24
[New York #1517786 v7]

physical violence, his pleas were ignored. 288 One detainee stated that his grievances are
attended to only when he involves his lawyer.289 The delegation believes the detainees’
comments are cause for concern, and encourages EDF to review its responsiveness to
detainee grievances.
f.

Staff-Detainee Communication (ICE Presence and
Communication with Detainees)

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.”290 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.291 Unannounced visits to the
facility’s housing areas must be conducted on a weekly basis at Service Processing
Centers and CDFs.292 The purpose of such visits is to monitor housing conditions,
interview detainees, review records, and answer questions for detainees who do not
comprehend the immigration removal process.293 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.”294
EDF meets this section of the Standards; ICE maintains an on-site presence at
the facility.295 ICE maintains offices separate from those of CCA personnel, but ICE
officers are in the detention facility and interact with detainees daily.296 Officer-inCharge (b)(6), (b)(7)c indicated that detainees have the opportunity to speak with these ICE
personnel when they choose. 297 Among these ICE personnel are detention and
deportation officers, whom detainees may communicate with if they choose.298 Two
deportation officer offices are located in the visitation room.299
g.

Money and Personal Property

The Standards provide that all facilities must provide for the control and
safeguarding of detainees’ personal property. This will include the secure storage of
funds, valuables, baggage and other personal property, a procedure for documenting and
288
289
290
291
292
293
294
295
296
297
298
299

Notes of delegation member
on interview with detainee
(b)(6), (b)(7)c
(b)(6)
Notes of delegation member
on conversation with detain
Detention Operations Manual, Detainee Services, Standard 15, Section I.
Detention Operations Manual, Detainee Services, Standard 15, Section III.A.
Detention Operations Manual, Detainee Services, Standard 15, Section III.A.1.
Detention Operations Manual, Detainee Services, Standard 15, Section III.A.
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.
Notes of delegation member
on conversation with Officer-in-Charge
Notes of delegation member
on conversation with Officer-in-Charge
(b)(6), (b)(7)c
(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge
Notes of delegation member
on conversation with Officer-in-Charge
Notes of delegation member

25
[New York #1517786 v7]

issuing receipts for surrendered property, and initial and regularly scheduled inventories
of all funds, valuables and other property.
EDF substantially meets this section of the Standards, but the delegation is
concerned about some procedures relating to confiscated detainee funds. Facility
staff informed the delegation that money received or earned by a detainee goes into a
personal account held for that detainee at the facility,300 and detainees are given receipts
for all money or property received.301 However, the Detainee Handbook states that
money is contraband and will be confiscated; it does not indicate that the money will be
kept for use by the detainee.302 Excess personal property is held in a storage facility that
the detainee can access upon request.303 One detainee reported that EDF used to give out
a balance statement of the money in a detainee’s account, but has stopped doing so.304
Another detainee noted that he had extreme difficulty accessing his personal funds.305
The delegation is concerned by the description of procedures relating to money
suspected of being counterfeit. Officer-in-Charge (b)(6), (b)(7)cstated that staff members seize
any money they determine to be counterfeit.306 Officer-in-Charge (b)(6), (b)(7)c said EDF staff
have a way of distinguishing between real and counterfeit money.307 He also said law
enforcement officers are not often contacted when money is seized, because the
authorities have no time for the small amounts normally seized.308 The delegation is
concerned that this process may result in detainees having their non-counterfeit money
withheld from them.
h.

Religious Accommodation

The Standards provide that detainees of different religious beliefs be provided
with reasonable and equitable opportunities to participate in the practices of their
respective faiths.309 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.”310

300
301
302
303

304

Notes of delegation member
Notes of delegation member
EDF Detainee Handbook, p. 10.
Notes of delegation member
delegation members
(b)(6), (b)(7)c .
Notes of delegation members

(b)(6)

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

on conversation with Officer-in-Charge(b)(6), (b)(7)c
on conversation with Warden (b)(6), (b)(7)c
on conversation with Officer-in-Charge(b)(6), (b)(7)c; notes of
on interview with detainee (b)(6), (b)(7)c
on interview with detainee

(b)(6)

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

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

305

306
307
308
309
310

(b)(6)
Notes of delegation members
on interview with detainee (b)(6), (b)(7)c
(b)(6), (b)(7)c .
Notes of delegation member
on conversation with Officer-in-Charge
(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge (b)(6), (b)(7)c
Notes of delegation member
on conversation with Officer-in-Charge
Detention Operations Manual, Detainee Services, Standard 14, Section I.
Detention Operations Manual, Detainee Services, Standard 14, Section I.

26
[New York #1517786 v7]

EDF meets this Standard, although one detainee reported that he was
threatened because of his religion and that the facility did not respond. The Elizabeth
facility has designated the men’s and women’s indoor recreation areas as the place used
for religious meetings.311 Detainees are also free to practice their religions in their
dormitory rooms.312 The indoor recreation room is available and open to all religions.313
A schedule of religious services is posted on the bulletin boards throughout the facility
and in each dormitory room.314 Religious services take place at regularly planned dates
and times, and each religion is allocated a separate time for its service.315 When religious
services are scheduled, detainees not participating are not permitted to be in the room for
general recreation.316 For this reason, services are quiet.317 Religious services are
sometimes performed by outside groups that visit the facility.318 Volunteer religious
organizations are subjected to background checks before they can perform services onsite.319
The Standards provide that no one can disparage the religious beliefs of a
detainee, nor coerce or harass a detainee to change religious affiliation.320 One detainee
noted that he had been threatened by another detainee allegedly because of his religion.321
The detainee indicated that although he complained about the incident to the
administration, no action was taken, including protective action.322
The Standards require that detainees have access to religious personal property,
consistent with facility security. The delegation observed large plastic cabinets in the
men’s indoor recreation room which are used for the storage of religious items and
materials used for religious services. The bins were along a wall inside of the men’s
recreation room and were locked for security. While in the indoor recreation room, the
delegation observed detainees pulling prayer rugs out of the plastic bin marked “Islamic”
to set up for a 1:00 p.m. Friday service.
311

(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge(b)(6), (b)(7)c Although
we only observed the male indoor recreation room, females have their own religious services in the
female recreation room. Notes of delegation member
on conversation with Officer
(b)(6)
(b)(6), (b)(7)c

312

313
314
315
316
317
318

319
320
321

322

(b)(6)
Notes of delegation member
. A woman in Muslim robing was also observed praying
(b)(6)
in her room. Notes of delegation member
Notes of delegation member
on conversation with Officer-in-Charge(b)(6), (b)(7)c.
(b)(6)
The delegation members obs
this schedule in the dormitory room that was toured.
Notes of delegation member
on conversation with Officer-in-Charge
Notes of delegation member
on conversation with Officer-in-Charge
(b)(6)
(b)(6), (b)(7)c
Notes of delegation member
on conversation with Officer-in-Charge
Notes of delegation member
on conversation with Officer-in-Charge
For
example, an Imam comes to oversee the Islamic religious services. Notes of delegation member
on conversation with Officer(b)(6), (b)(7)c If he cannot be present at services, one of the
(b)(6)
detainees will preside instead. Id.
(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge (b)(6), (b)(7)c
Detention Operations Manual, Detainee Services, Standard 14, Section III.A.
Notes of delegation member
, on interview with detainee
(b)(6), (b)(7)c
(b)(6)
a Christian detainee, described an incident in which a Muslim detainee was physically abusive towards
him and threatened to kill him.
(b)(6), (b)(7)c
(b)(6)
Notes of delegation member
on interview with detainee

27
[New York #1517786 v7]

Detainees are permitted to designate a religious preference upon intake at the
facility.323 They are also permitted to keep rosaries and prayer rugs in their possession.324
The facility does not discourage detainees from wearing religious headwear.325
i.

Detainee Treatment

The Standards provide for basic human rights, including the right to safe and
sanitary facilities and the right to be free from abuse.326 In addition, the Standards state
that “[o]fficers shall use as little force as necessary to gain control of the detainee.”327
Two detainees remarked that EDF is run like a prison and that detainees are
treated like prisoners.328 One detainee indicated that he had been handcuffed and
shackled (hands and feet) when taken to court,329 and another that he had been chained in
three places for a visit to a dentist.330 Pat-down searches appear to be common at EDF:
one detainee said that pat-downs are sometimes done several times per day,331 and
another detainee said that these are sometimes done roughly.332
5.

Conclusion

The delegation believes that EDF substantially meets several key Standards, but
that there remains much room for improvement.
Attorney visitation access at EDF appears to be quite good. Detainees do not
seem to have substantial problems seeing their attorneys in person once a relationship has
been established. The delegation praises EDF for not only meeting the Standards in this
regard, but also for their apparent flexibility in allowing legal visits to run long when
necessary. We note, however that the lack of an up-to-date EOIR pro bono attorney list,
together with EDF’s wariness of suspected “fake” attorneys may prevent some attorneyclient relationships from forming in the first place, and we encourage EDF to consider
whether its fears may be doing more harm than good. The delegation believes that
detainees are in the best position to decide whether to accept an attorney’s offer of
services and should be allowed to make this choice themselves.
323
324

325
326

327
328

329
330
331
332

Notes of delegation member
on conversation with Officer-in-Charge (b)(6), (b)(7)c
(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge
Officerin-Charge(b)(6), (b)(7)cindicated that he was not sure whether the facility permitted religious oils to be kept
in detainees’ possession, but said that items like a religious powder would not be permitted in the
interests of safety. Id.
(b)(6)
Notes of delegation member
on conversation with Officer-in-Charge (b)(6), (b)(7)c
See, e.g., Detention Operation Manual, Health Services, Standard 2, Section I; Security and Control,
Standard 17, Sections I & III.
Detention Operation Manual, Security and Control, Standard 17, Section I.
(b)(6)
Notes of delegation member
, on interview with detainee (b)(6), (b)(7)c notes of
(b)(6)
delegation member
on interview with detainee
(b)(6), (b)(7)c
Notes of delegation member
on interview with detainee
Notes of delegation member
, on interview with detainee
(b)(6), (b)(7)c
(b)(6)
Notes of delegation member
on interview with detainee
Notes of delegation member
, on interview with detainee

28
[New York #1517786 v7]

While phone access is excellent in terms of the availability of phones for outgoing
calls, EDF personnel should relay attorney phone messages to detainees, as the Standards
provide, since such messages can be important for detainees’ preparation for court
hearings. In addition, the delegation encourages ICE and EDF to lower the cost of phone
calls, as detainees appear to be paying more than the actual cost to the facility.
Furthermore, better privacy screening for the telephones or private booths would improve
the confidentiality of calls with counsel.
Overall the library seems to be well equipped, and detainees appear to find it
useful. However, while EDF does provide the minimum weekly access of five hours, this
schedule is not flexible, and would not accommodate detainees whose library needs are
not so regular. The delegation believes that this restriction, as well as apparent
restrictions on the number of copies that can be made and EDF’s apparent failure to
provide free writing materials, may practically limit the usefulness of this important
resource. The delegation would also recommend that the library be located in a larger
room that would allow more detainees to use it.
The delegation was impressed with the medical facility and staff and praises their
awareness of the importance of detainees’ mental health. However, the delegation notes
that more than one detainee complained about the healthiness of the food menu. Because
detention for many detainees is quite lengthy, more fresh fruits and vegetables should be
added to the menu.
Finally, we note that two detainees the delegation interviewed said that they were,
in general, treated like criminals. While any detention may lead to this impression to
some extent, the delegation notes that the highly regimented and scheduled approach
EDF takes with regard to nearly every aspect of detainees’ lives, including frequent patdown searches, may exacerbate this feeling. The delegation notes that EDF houses only
non-criminals, and therefore encourages EDF to consider what measures it might take,
consistent with maintaining security, to alleviate this impression.
The delegation wishes to thank the staff of both ICE and CCA for their candor
and cooperation during the delegation’s visit, and wishes them the best as they continue
to improve the facility and further meet the Standards.

29
[New York #1517786 v7]