M E M O R A N D U M

January 7, 2008
To:
From:
Copies to:
Subject:

Gary E. Mead, Acting Director, Office of Detention and Removal, Immigration and
Customs Enforcement
American Bar Association Delegation to the Elizabeth Contract Detention Facility 1
b6
ABA Commission on Immigration
Report on Observational Tour of the Elizabeth Contract Detention Facility, Elizabeth,
New Jersey

This memorandum summarizes and evaluates information gathered at the Elizabeth Contract
Detention Facility (“EDF” or “the facility”) in Elizabeth, New Jersey, during the delegation’s July 25,
2007 visit to the facility. The information was gathered via observation of the facility by the delegation
and discussions with EDF and Immigration and Customs Enforcement (“ICE”) personnel.
I.

ICE DETENTION STANDARDS

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

1

The delegation was comprised of attorneys from the New York office of Fried, Frank, Harris, Shriver & Jacobson
b6
b6
b6
b6
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LLP, including
,
,
,
and b6
b6

2

Effective March 1, 2003, the INS ceased to exist as an agency of the Department of Justice. The INS’ immigration
enforcement functions were transferred to Immigration and Customs Enforcement (“ICE”), a division of the newly
created Department of Homeland Security (“DHS”).
Fried, Frank, Harris, Shriver & Jacobson LLP
A Delaware Limited Liability Partnership
New York • Washington • London • Paris • Frankfurt • Hong Kong

II. INTRODUCTION
A. The Delegation’s Visit, July 25, 2007
On Wednesday, July 25, 2007, the members of our delegation met with several members of
b6, b7C
EDF’s staff and
a representative from the ICE office in Newark, New Jersey. ICE
b6, b7C
Supervisory Deportation Officer and Acting Director of EDF
led our delegation on a tour
of the facility. The delegation also met with the following other EDF personnel, many of whom joined
b6, b7C
the delegation on its tour:
(Public Affairs Officer),
(Detention and
b6
b6
b6, b7C
Contract),
(Case Management),
(Supervisory Enforcement Agent),
b6
b6
Commander
(Public Health Officer),
(Assistant Chief Counsel),
b6
(Executive Office for Immigration Review (“EOIR”) Court Administrator), b6, b7C
b6, b7C
b6, b7C (Warden),
(Assistant Warden) and
(Food Service
b6
Manager). The delegation appreciates the cooperation of these individuals; they were direct and
accommodating during our tour of the facility. Our report is based on the discussions we had with these
EDF and ICE employees, as well as observations of the facility.
Inexplicably, many of the areas that the delegation had requested to visit in advance and
needed to see in order to fulfill its mission were locked and the EDF staff did not permit the
delegation access to them. These areas included the law library, the dormitories (where the telephones
are located), and the recreational areas. Accordingly, the delegation was unable to determine whether
EDF meets a number of sections of the Standards, particularly those related to legal access, as more fully
described below in this memorandum. This lack of access is remarkable considering the ABA’s
longstanding partnership with ICE in assessing legal access at detention facilities, and is highly unusual
for ABA delegations, which are routinely permitted access to these areas.3 The 2006 ABA delegation to
EDF was not similarly restricted. In addition, although the delegation had requested in advance and
understood that the visit would continue until 4 p.m. and the schedule was not objected to before our visit,
the EDF staff made clear when the delegation arrived that the tour would be completed by approximately
12 p.m. Therefore, the delegation was permitted to be inside the EDF facilities for only some two hours
and was unable to garner sufficient information relating to a number of the Standards.
B. General Information About the Elizabeth Detention Facility
EDF is a co-ed immigration detention facility reopened in January 1997 and operated by
Corrections Corporation of America (“CCA”). According to the EDF personnel, the facility has the
capacity to hold up to 326 detainees, 273 men and 53 women.4 At the time of the delegation’s visit, EDF
had a population of 303 detainees, 252 men and 51 women.5 Officer b6, b7C told the delegation that the
facility housed immigration detainees from several different countries.6 Detainees are given a copy of a
Detainee Handbook (the “EDF Handbook”) upon arrival.7

3

See Letter from DRO Deputy Executive Associate Commissioner Anthony S. Tangeman to ABA (Aug. 20, 2001):
“Routinely, all tours of facilities shall include general housing units, law libraries, dining facilities, recreation
areas, healthcare services and visitation areas.” A copy of this letter was attached to the letter to ICE requesting
the facility tour.
4
b6, b7C
Statement of ICE Officer
.
5
b6
According to a sign posted in the intake section of the facility, observed by delegation members
and
.
b6
6
Statement of Officer b6, b7C .
7
b6, b7C
Statement of
. According to Officer b6, b7C , the EDF Handbook is available in five languages:
English, Spanish, Creole, Chinese, and French.

2

III. LEGAL ACCESS STANDARDS
A. Visitation
1. Visitation by Attorneys
The Standards require that facilities permit legal visitation seven days per week.8 Attorneys
should have access to their clients eight hours per day during the week and four hours per day during the
weekend.9 The visits must be private, and should not be interrupted for head counts.10 Facilities should
establish a procedure by which attorneys may call to determine whether a detainee is housed in a
particular facility.11 Detention centers should permit visits from attorneys, other legal representatives,
legal assistants, and interpreters.12 Visitation hours must be provided in the handbook, and posted where
detainees can easily see them.13 If standard operating procedures at the facility require strip searches after
contact visits with a legal representative, then the facility must provide an option for confidential noncontact visits with legal representatives and a mechanism to exchange documents.14
EDF meets the key provisions of in this section of the Standards. The delegation toured the
visitation area of the facility. Attorneys may visit the detainees seven days per week, from 6 a.m. to 10
p.m. each day, and this information is contained in the EDF Handbook.15 EDF has three attorney
visitation booths.16 The kitchen will provide a meal to the detainee once the meeting concludes, should
the meeting continue through a meal.17 Detainees are subject to a search after a legal visit; however,
alternative procedure for a non-contact visit would be made available upon request (although such request
had not been recorded prior to the observational tour).18 Interpreters are available for credible-fear
interviews.19
2. Visitation by Family and Friends
To maintain detainee morale and family relationships, the Standards encourage visits from family
and friends.20 The Standards require that facilities establish written visitation hours and procedures, post
them where detainees can see them, and make them available to the public.21 This includes procedures
for handling incoming money for detainees.22 The visiting area is to be “appropriately furnished and
arranged, and as comfortable and pleasant as practicable.”23 Visiting hours shall be set on Saturdays,
Sundays, and holidays, and the Standards encourage facilities to accommodate visitors at other times
8

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
10
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.9.
11
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.6.
12
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.3.
13
Detention Operations Manual, Detainee Services, Standard 17, Section III.B.
14
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.11.
15
b6
b6
EDF Handbook, p. 10; notes from delegation members
and
on conversation with
Officer b6, b7C .
16
b6
b6
Observations of delegation members
and
.
17
Notes from delegation members
and
on conversation with Officer
b6
b6, b7C
b6
18
Notes from delegation members
and
on conversation with Officer
19
b6
Notes from delegation member
on conversation with Officer b6, b7C
20
Detention Operations Manual, Detainee Services, Standard 17, Section I.
21
Detention Operations Manual, Detainee Services, Standard 17, Section III.A & B.
22
Detention Operations Manual, Detainee Services, Standard 17, Section III.D.
23
Detention Operations Manual, Detainee Services, Standard 17, Section III.G.
9

3

when they are facing a particular hardship.24 Visits should be at least thirty minutes long, and longer
when possible.25 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.26
EDF meets the key provisions in this section of the Standards. The visitation schedule is
clearly posted at the entrance to the facility.27 Visiting hours are seven days per week, from 9:00 a.m.
until 5:00 p.m. on weekends and holidays, and from 5:00 p.m. until 10:00 p.m. during the week.28 Visits
shall not exceed sixty minutes, and visiting periods can be shortened because of security risks, emergency
count, or other unanticipated events.29 Visits are non-contact; EDF has twenty semi-private visitation
“cubicles” where detainees are separated from visitors by Plexiglas and communicate via intercom.30 As
far as procedures for handling incoming money for detainees is concerned, EDF accepts money orders,
but not checks, which policy is posted at the entrance to the facility.31 Minors are allowed to visit.32
B. Telephone Access
1. General Requirements
The Standards require that facilities provide detainees with reasonable and equitable access to
telephones during established facility waking hours.33 In order to meet this requirement, facilities must
provide at least one telephone for every twenty-five detainees.34 The Standards also require that
telephone access rules be provided in writing to each detainee upon admittance, and that the rules be
posted where detainees may easily see them.35
It is unclear whether EDF meets this Standard; EDF staff did not permit delegation
members to access the dormitories and test the phones. There appears to be an adequate number of
telephones in the facility. Each dormitory unit contains two telephones and there are a total of thirteen
dormitories.36 Although the delegation observed telephones installed in two of the dormitory units, the
delegation was not able to determine whether the phones were in working order. As detailed in the
Introduction, EDF staff did not permit the delegation to access the dormitories. Aside from those in the
dormitories, no telephones are available to the detainees.37
The telephones are accessible to detainees daily until the lights are turned off in the facility,
which time is 11 p.m. on weekdays and 2 a.m. on weekends.38 Maintenance on the phones is performed
twice weekly, and the telephone service provider is PCS.39
24

Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
26
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.5.
27
b6
Observations of delegation member
.
28
EDF Handbook, p. 10.
29
EDF Handbook, p. 10. The EDF Handbook does not distinguish between non-legal visits and legal visits.
According to Officer b6, b7C , the visitation process and inmates’ rights thereto are explained during their initial
b6
court hearing at EDF. Notes from delegation member
, on conversation with Officer b6, b7C
30
b6
Observations of delegation member
.
31
b6
b6
Observations of delegation members
and
.
32
b6
Notes from delegation member
on conversation with Officer b6, b7C
33
Detention Operations Manual, Detainee Services, Standard 16, Sections I & III.A.
34
Detention Operations Manual, Detainee Services, Standard 16, Section III.C.
35
Detention Operations Manual, Detainee Services, Standard 16, Section III.B.
36
Statement of Officer b6, b7C
37
Observations of delegation member
.
b6
38
Statement of Officer b6, b7C .
25

4

Telephone usage rules are included in the EDF Handbook,40 which is provided to detainees upon
arrival. The EDF 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.42 Because of restricted access to the telephones, the delegation was not able to
observe whether these rules or any telephone instructions were posted where detainees may easily see
them. If needed, detainees may request assistance with the telephones from EDF personnel.43 In addition,
those detainees who are non-English speaking typically request assistance from other detainees.44
According to Officer b6, b7C , the phone numbers of local consulates are posted by each phone or bank of
phones in the facility, however this could not be confirmed by the delegation.
41

2. Direct Calls and Free Calls
The Standards allow facilities to generally restrict calls to collect calls;46 however, the facility
must permit detainees to make direct calls to the local immigration court and the Board of Immigration
Appeals, federal and local courts, consular officials, legal service providers, government offices, and to
family members in case of emergency.47 The facility shall not require indigent detainees to pay for these
types of calls if local, nor for non-local calls if there is a compelling need.48 In addition, the facility “shall
enable all detainees to make calls to the [ICE]-provided list of free legal service providers and consulates
at no charge to the detainee or the receiving party.”49
EDF appears to partially meet this section of the Standards, although the delegation was
unable to confirm whether several provisions were met. In addition, detainees do not qualify as
indigent for thirty days, which may prevent them from having proper telephone access for extended
periods of time. Detainees may make collect calls or use prepaid calling cards (e.g. $2, $5 and $20
cards).50 In addition, detainees are permitted to make free calls to certain consulates.51 It is unclear
whether EDF entirely meets this section of the standards, since Officer b6, b7C stated that telephone calls
to courts and attorneys are considered to be regular calls (i.e. collect or pay calls).52 It was unclear
whether telephone calls to certain pro bono attorneys are free of charge to detainees who do not qualify as
indigent.
The delegation was not permitted to test any of the phones and was not able to observe any
notifications near the phones of the ability to place direct calls. The delegation did not see anyone using
the telephones.

39

Statement of Officer b6, b7C
EDF Handbook, p. 3.
41
Statement of Officer b6, b7C .
42
EDF Handbook, p. 3.
43
Notes from delegation member
on conversation with Officer
.
b6
b6, b7C
44
Notes from delegation member
on conversation with Officer
.
45
Statement of Officer b6, b7C .
46
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
47
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
48
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
49
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
50
Statement of Officer
b6, b7C
51
Statement of Officer
52
b6
Notes from delegation member
on statement by Officer b6, b7C
40

5

If a detainee is indigent, the alien can request the ability to make additional free calls.53 A
detainee may qualify as indigent if he or she has had a balance of $3 or less in his or her EDF account for
the past thirty days.54 We were unable to confirm the extent of usage of this right.
3. Telephone Access to Legal Representatives
The Standards provide that the facility shall not restrict the number of calls a detainee places to
his or her legal representatives, nor limit the duration of such calls by automatic cutoff, unless necessary
for security purposes or to maintain orderly and fair access to telephones.55 If time limits are necessary,
they shall be no shorter than twenty minutes.56 The Standards require that the facility ensure privacy for
detainees’ telephone calls regarding legal matters, and that calls shall not be electronically monitored
absent a court order.57
EDF does not meet this section of the Standards; the phones do not provide privacy and
only some legal calls may last twenty minutes according to the Handbook. The EDF 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.58 This provision should be changed to
reflect the Standards’ twenty-minute minimum.59 According to Officer b6, b7C , in practice, there are no
time limits on any calls except when other detainees are waiting to use the telephones.60
The telephones within each dormitory unit are located in public locations without privacy; thus
detainees can freely listen to each other’s conversations with attorneys.61 There are no private booths,
which Officer b6, b7C said was for security reasons.62 According to Officer b6, b7C , phone conversations
made on the outgoing phones are not recorded or monitored, although the EDF Handbook states that
“[a]ll non-legal phone calls are subject to monitoring and/or recording.”63 From time to time the facility
blocks certain calls from relatives of detainees.64
4. Incoming Calls and Messages
The Standards require that facilities take and deliver messages from attorneys and emergency
incoming telephone calls to detainees as promptly as possible.65 If the facility receives an emergency
telephone call for a detainee, the Standards suggest that the facility obtain the caller’s name and number
and permit the detainee to return the emergency call as soon as possible.66

53

Statement of Officer b6, b7C
Notes from delegation member
on conversation with Officer
b6
55
Detention Operations Manual, Detainee Services, Standard 16, Section III.F.
56
Detention Operations Manual, Detainee Services, Standard 16, Section III.F.
57
Detention Operations Manual, Detainee Services, Standard 16, Section III.J.
58
EDF Handbook, p. 3.
59
Detention Operations Manual, Detainee Services, Standard 16, Section III.F.
60
Statement of Officer b6, b7C .
61
b6
b6
Observations of delegation members
and
.
62
Statement of Officer b6, b7C
63
EDF Handbook, p. 3.
64
Statement of Officer b6, b7C , who said this was to avoid running up a bill.
65
Detention Operations Manual, Detainee Services, Standard 16, Section III.I.
66
Detention Operations Manual, Detainee Services, Standard 16, Section III.I.
54

6

b6, b7C

; EDF Handbook, p. 11.

EDF appears to meet this section of the Standards. Messages are taken by the facility and
delivered to detainees.67 However, due to time constraints imposed by the facility personnel, the
delegation did not have the opportunity to ask detailed questions regarding incoming calls and messages.
5. Telephone Privileges in Special Management Unit
The Standards provide that detainees in the Special Management Unit (“SMU”) for disciplinary
reasons shall be permitted to make direct and/or free calls, except under compelling security conditions.68
EDF meets this section of the Standards. Detainees at EDF placed in the SMU for disciplinary
reasons have access to mobile telephones.69 However, we were unable to determine the extent of their use
or difficulties for detainees, if any, in securing access to them.
C. Access to Library and Legal Material
All facilities with detainees “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.”70
1. Library Access
The Standards suggest that each facility shall have a flexible schedule for law library use that
permits all detainees, regardless of housing or classification, to use the law library on a regular basis.71
Each detainee shall be permitted to use the law library for a minimum of five hours per week.72
It is unclear whether EDF meets this section of the Standards; it does not appear that
detainees could have access to the library for five hours per week. EDF staff said that all detainees
are given access to the library for five hours per week.73 The EDF Handbook indicates that all EDF
“dorms” are guaranteed five hours per week of access to the library.74 The EDF Handbook also provides
that the library is open from 8:30 a.m. to 3:30 p.m., or forty-nine hours per week if it is open for seven
days per week.75 However, EDF staff indicated that there thirteen dorms in total, and that each dorm
houses between six and forty-two detainees.76 EDF staff further indicated that each dorm uses the library
in turn, and there is a sign up sheet for those wishing to use the library.77 Permitting all dorms to use the
library for five hours per week in turn would require that the library be open for 65 hours per week;
therefore, the operating hours of the library appear to indicate that each dorm cannot use the library for
five hours per week, even if it is open seven days per week. This library appears to be open for too few
hours to be able to meet this section of the Standards.
2. Library Conditions

67

Statement of Officer b6, b7C .
Detention Operations Manual, Detainee Services, Standard 16, Section III.G.
69
Statement of Warden b6, b7C .
70
Detention Operations Manual, Detainee Services, Standard 1, Section I.
71
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
72
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
73
Statements of Officer b6, b7C and Officer
.
b6, b7C
74
EDF Handbook, p. 6.
75
EDF Handbook, p. 6. The delegation did not find out for how many days the library is open, but the EDF
Handbook does not contain any limitation on days.
76
Statement of Officer b6, b7C .
77
Statement of Officer b6, b7C .
68

7

The Standards require that a facility provide a law library with sufficient space to facilitate
detainees’ legal research and writing.78 Furthermore, it must be large enough “to provide reasonable
access to all detainees who request its use. It shall contain a sufficient number of tables and chairs in a
well-lit room, reasonably isolated from noisy areas.”79
EDF does not appear to fully meet this section of the Standards; the library appears too
small to accommodate over 300 detainees. EDF provides one law library, which is housed in a small
internal room.80 The library contains a desk at which a guard was seated, and one table with
approximately four or five chairs arranged around it.81 The library also contained a computer and a
typewriter on separate tables, and there were chairs in front of those tables.82 Against the walls on either
side of the table there were bookshelves.83 The law library is well lit, and is isolated from other areas and
therefore from noise.84 EDF is capable of housing up to 326 detainees, and it is usually close to
capacity.85 Given the number of detainees and the limited number of seats in the library, this library
appears too small to “provide reasonable access to all detainees who request its use.”
3. Materials Identified in the Detention Standards
The Standards require that all facility law libraries contain the materials listed in Attachment A to
the chapter on Access to Legal Materials.86 These materials must be updated regularly, and information
must be added on significant regulatory and statutory changes regarding detention and deportation of
aliens in a timely manner.87 Damaged or stolen materials must be promptly replaced.88
The delegation was unable to determine whether EDF meets this section of the Standards.
As detailed in the Introduction, EDF staff did not permit the delegation to access the law library. Because
the delegation was not permitted to enter the law library, and the bookshelves were in the corners furthest
from the door, the delegation was unable to determine what books were on those shelves.89 Staff
indicated that the materials that the library has are updated through LexisNexis.90 Because the delegation
was not permitted to enter the law library, the delegation was unable to determine what materials could be
accessed by the detainees on the library’s computer. EDF staff stated that Officer b6, b7C , who was not at
the EDF on the date of the delegation’s visit, was responsible for updating the law library’s materials.91
When asked how the materials were updated, the delegation was told that when inserts arrive at the
facility they are placed in the library.92 One staff member noted that “nothing has come in awhile.”93
4. Library Equipment and Supplies

78

Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
80
Observations of delegation member
.
81
Observations of delegation member
.
82
Observations of delegation member
.
b6
83
Observations of delegation member
.
84
Observations of delegation member
.
85
Statement of Officer b6, b7C .
86
Detention Operations Manual, Detainee Services, Standard 1, Section III.C.
87
Detention Operations Manual, Detainee Services, Standard 1, Section III.E.
88
Detention Operations Manual, Detainee Services, Standard 1, Section III.F.
89
b6
Observations of delegation members
and
.
b6
90
b6
Statements of Officer b6, b7C and Assistant Chief Counsel
91
b6
Statement of Assistant Chief Counsel
.
92
b6
b6, b7C
Statements of Assistant Chief Counsel
and Officer
.
93
b6
b6
Observations of delegation members
and
; statement of Officer
79

8

b6, b7C

.

The Standards require that facility law libraries provide an adequate number of typewriters and/or
computers, writing implements, paper, and office supplies to enable detainees to prepare documents for
legal proceedings.94 Staff must inspect at least weekly to ensure equipment is in working order and to
stock sufficient supplies.95 In addition, indigent detainees must be provided free envelopes and stamps
for legal mail.96
It is unclear whether EDF meets this section of the Standards; the delegation was unable to
enter the library to check equipment functionality or see whether supplies were available. In
addition, one computer does not seem adequate for over 300 detainees. There was one computer and
one typewriter visible through the window of the locked door of the EDF law library,97 which does not
seem adequate for over 300 detainees. Staff indicated that “all the supplies [the detainees] need” were
provided for the detainees, including pens, paper, typewriter ribbon, photocopies and computer printers,98
but because the delegation was not permitted to enter the law library, the delegation was not able to
determine whether equipment was functional or where in the library such materials were kept or
provided.99
5. Photocopies
The Standards provide that each facility shall ensure that detainees can obtain photocopies of
legal materials, when such copies are reasonable and necessary for legal proceedings involving the
detainee.100 Enough copies must be provided so that a detainee can fulfill court procedural rules and retain
a copy for his records.101
EDF meets this section of the Standards. According to a staff member, detainees at EDF may
make as many copies as necessary for court filings, and they also may make photocopies of materials in
the library.102 However, the photocopier is located outside of the library, so this statement seems to
conflict with the EDF Handbook, which provides that legal materials may not be taken out of the
library.103 The EDF Handbook does not otherwise address procedures regarding photocopies and should
be changed to reflect the requirements of the Standards.
6. Assistance From Other Detainees
The Standards require that each facility permit detainees to assist other detainees in researching
and preparing legal documents upon request, except when such assistance poses a security risk.104
EDF appears to meet this section of the Standards. Staff told us that detainees are permitted
to help each other with legal research and legal documents, provided that the detainees involved are both
assigned to the same dormitory unit.105 This is because the dormitories use the library at times designated
for each dormitory, and residents of two dormitories would not be able to be in the library at the same

94

Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
96
Detention Operations Manual, Detainee Services, Standard 1, Section III.N.
97
b6
Observations of delegation member
.
98
Statement of Officer b6, b7C .
99
b6
Observations of delegation member
.
100
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
101
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
102
Statement of Officer b6, b7C .
103
EDF Handbook, p. 6.
104
Detention Operations Manual, Detainee Services, Standard 1, Section III.K.
105
Statement of Officer b6, b7C .
95

9

time.106 The question of detainees assisting one another with legal research and documents is not
addressed in the EDF Handbook.
7. Non–English Speaking Detainees
The Standards require that “Unrepresented illiterate or non-English speaking detainees who wish
to pursue an legal claim related to their immigration proceedings. . . and indicate difficulty with the legal
materials must be provided with more than access to a set of English-language law books.”107 The
Standards require that facilities establish procedures to meet that obligation.108
The delegation was unable to determine whether EDF meets this section of the Standards.
EDF appears not to have a procedure to address the legal research needs of non-English speakers; when
asked, the staff present said they did not know.109
8. Notice to Detainees
The Standards require that the detainee handbook provide detainees with the rules and procedures
governing access to legal materials, including the procedure for requesting additional time in the library
beyond the five hours per week minimum.110
EDF partially meets this section of the Standards, although the Handbook does not specify
procedures for requesting additional time in the library. The EDF Handbook outlines the operating
hours of the library and the procedure for gaining access to the library through sign-up sheets.111 It does
not specify the procedures for requesting additional time in the library, although EDF staff indicated that
additional time would be granted if requested.112 The EDF Handbook also does not specify the procedure
for photocopying legal materials, whether such photocopies may be brought out of the library, or the
procedure for illiterate or non-English speakers to gain meaningful access to the library.113
D. Group Rights Presentations
The Standards provide that facilities holding ICE detainees “shall permit authorized persons to
make presentations to groups of detainees for the purpose of informing them of U.S. immigration law and
procedures, consistent with the security and orderly operation of each facility.”114 Informational posters
are to be prominently displayed in the housing units at least forty-eight hours in advance of a scheduled
presentation, and an officer will hold a sign-up sheet.115 While the presentations are open to all detainees,
the facility “may limit the number of detainees at a single session.”116 “The facility shall select and
provide an environment conducive to the presentation, consistent with security.”117 In addition, detainees
shall have regular opportunities to view an “INS-approved videotaped presentation on legal rights.”118
106

Statements of Officer b6, b7C
Detention Operations Manual, Detainee Services, Standard 1, Section III.L.
108
Detention Operations Manual, Detainee Services, Standard 1, Section III.L.
109
Notes from delegation member Jennifer Colyer on statement by Officer Margist.
110
Detention Operations Manual, Detainee Services, Standard 1, Section III.Q.
111
EDF Handbook, p. 6.
112
Statement of Officer Margist; EDF Handbook, p. 6.
113
See generally EDF Handbook, p. 6.
114
Detention Operations Manual, Detainee Services, Standard 9, Section I.
115
Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
116
Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
117
Detention Operations Manual, Detainee Services, Standard 9, Section III.E.
118
Detention Operations Manual, Detainee Services, Standard 9, Section III.I.
107

10

The EDF substantially meets this section of the Standards, although informational posters
are not posted in advance of the presentations and there is no sign up sheet. There are three nonprofit initiatives (Human Rights First, First American, and Catholic Charities) that conduct group rights
presentations at the facility on at least a weekly basis.119 While there is no sign-up sheet and no postings
of the presentations, each detainee who has arrived during the previous week is automatically invited to
the presentation.120 The presentations are open to all detainees and, while the detainees are separated by
gender for any session, enough sessions are held so that all detainees interested in attending the
presentation are able to attend.121 Presenters are permitted to meet individually with detainees after the
presentations.122 Presentations are available on video.123 In addition to the non-profit entities that
currently hold presentations, the facility has not received any further requests to provide presentations.124
IV. OTHER PROVISIONS OF THE ICE DETENTION STANDARDS
A. Correspondence and Other Mail
The Standards require that detainees be allowed to send and receive correspondence in a timely
manner, subject to limitations required for safety, security, and orderly operation of the facility.125
General correspondence shall normally be opened and inspected for contraband in the presence of the
detainee, but may be opened and even read outside the presence of the detainee if security reasons exist
for doing so.126 Special correspondence—which includes all written communication to or from attorneys,
legal representatives, judges, courts, government officials, and the news media—is treated differently.127
Incoming special correspondence can be inspected for contraband only in the presence of the detainee, but
it can never be read or copied.128 The detainee handbook must specify how to address correspondence,
the definition of special correspondence and how it should be labeled, and the procedure for purchasing
postage and rules for providing indigent detainees free postage.129 Finally, the Standards require that
facilities notify detainees of specific information regarding correspondence policies.130
EDF does not fully meet this section of the Standards: the EDF Handbook does not include
the required information. EDF provides all detainees with the EDF Handbook; however the EDF
Handbook does not provide the following information as required: 1) “the definition of special
correspondence, including instructions on the proper labeling for special correspondence . . . . [and a]
statement that it is the detainee’s responsibility to inform senders of special mail of the labeling
requirement”; 2) the fact that detainees may not send or receive packages without advance approved
arrangements; 3) instructions about “how to obtain writing implements, paper, and envelopes”; and 4)
“the procedure for purchasing postage (if any), and the rules for providing indigent and certain other
detainees free postage.”131

119

b6
Notes from delegation members
and
.
b6
b6
Notes from delegation member
.
121
Notes from delegation members
and
.
122
b6
b6
Notes from delegation members
and
.
123
Notes from delegation members
and
.
124
b6
Notes from delegation member
.
125
Detention Operations Manual, Detainee Services, Standard 3, Section I.
126
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
127
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B, E, & F.
128
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
129
Detention Operations Manual, Detainee Services, Standard 3, Section III.B.
130
Detention Operations Manual, Detainee Services, Standard 3, Section III.B.
131
Detention Operations Manual, Detainee Services, Standard 3, Section III.B; EDF Handbook.

120

11

Incoming mail is distributed to detainees on a daily basis.132 EDF inspects all special
correspondence for contraband in the presence of the detainee.133
B. Detainee Handbook
The Standards require that every Officer in Charge develop a site-specific detainee handbook to
serve as an overview of detention policies, rules, and procedures.134 Every detainee should receive a copy
of the handbook upon admission to the facility.135 The handbook will be written in English and translated
into Spanish and other prevalent languages as appropriate.136 The handbook must include visitation hours
and rules.137 The handbook must notify detainees of the facility correspondence policy.138 The grievance
section of the handbook must provide notice of the opportunity to file both formal and informal
grievances and the procedures for filing grievances and appeals.139 The handbook must provide notice of
the facility’s rules of conduct and the sanctions imposed.140 It must advise detainees of rights including
the right to protection from abuse, right to freedom from discrimination, and right to pursue a
grievance.141 The handbook must also state that detainees have the opportunity to submit written
questions, requests, or concerns to ICE staff and the procedures for doing so.142 The Officer in Charge
will provide a copy of the handbook to every staff member who has contact with detainees.143
EDF does not fully meet this section of the Standards; certain required provisions are not
included in the Handbook. EDF provides a copy of the EDF Handbook to every detainee upon
admission to the facility.144 The EDF Handbook includes policies regarding visitation, correspondence,
grievance procedures, rules of conduct and sanctions.145 The EDF Handbook is available in five
languages (English, Spanish, Creole, Chinese and French).146 Additional translations are provided, if
required, through a 24-hour translation service that, however, is not on site.147 However, certain
provisions required under the Standards are not included in the Handbook, as we describe in the sections
of this Report on Access to Library and Legal Materials, Correspondence and Other Mail, and
Disciplinary Policy.
C. Recreation
The Standards require that all detainees have access to recreational programs and activities, under
conditions of security and safety.148 Detainees should be housed in facilities with outdoor recreation.149
132

Notes from delegation members
and
.
b6
b6
Notes from delegation members
and
.
134
Detention Operations Manual, Detainee Services, Standard 6, Section I.
135
Detention Operations Manual, Detainee Services, Standard 6, Section I.
136
Detention Operations Manual, Detainee Services, Standard 6, Section III.E.
137
Detention Operations Manual, Detainee Services, Standard 17, Section III.B.
138
Detention Operations Manual, Detainee Services, Standard 3, Section III.B.
139
Detention Operations Manual, Detainee Services, Standard 5, Section III.G.
140
Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.
141
Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.
142
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.
143
Detention Operations Manual, Detainee Services, Standard 6, Section III.H.
144
b6
Notes from delegation member
on conversation with Officer b6, b7C . Delegation members were also
provided with a copy of the EDF Handbook upon request.
145
EDF Handbook, various pages (we note that some of the information contained in various parts of the EDF
Handbook is duplicative and/or overlapping which creates potential for confusion).
146
Notes from delegation member
on conversation with Officer
b6, b7C
b6
147
Notes from delegation member
on conversation with Officer
148
Detention Operations Manual, Detainee Services, Standard 13, Section I.
133

12

Detainees should have access to “fixed and movable equipment,” including opportunities for
cardiovascular exercise, and games and television in dayrooms.150 Under no circumstances will a facility
require detainees to forego law library privileges for recreation privileges.151
EDF meets this section of the Standards. The outdoor recreation area consists of a square
concrete courtyard area the in the middle of the facility that is approximately the size of a volleyball
court.152 The area has a basketball hoop and a volleyball net.153 The area receives some natural sunlight
and air from a series of open air skylights (covered in wire mesh) in the center of the roof.154 Men and
women use this outdoor recreation separately, and if the women are in the outdoor recreation area, the
blinds to the windows looking into the area are closed to give the women some privacy.155 When the
delegation visited, approximately twenty men were playing volleyball in the outdoor recreation area.156
The facility has separate indoor recreation areas for men and for women.157 The delegation
observed the following in the men’s indoor recreation room: a general library of books, a ping pong table,
a foosball table, a television and a VCR.158 The room also contained exercise equipment including a
workout machine with attached weights, a stationary bike, and a treadmill.159 Books cannot be removed
from the indoor recreation area; however copies may be made.160 Visitors are permitted to donate soft
cover books.161
Detainees are provided with a minimum of one hour of daily recreation time.162 The facility
rotates this recreation time for detainees between outdoor and indoor recreation.163
The delegation did not see the segregation area; Officer b6, b7C informed the delegation that
access was not permitted.164 Detainees in segregation receive outdoor and indoor recreation time like
other detainees; however, they remain segregated by using the recreation areas at different times.165
Detainees do not forfeit law library privileges for recreation privileges.166
EDF also maintains a small computer room for detainees, which is separate from the recreation
areas and the law library.167 Detainees are permitted to use this computer room for one hour each day,
during the hours of 9 a.m. to 9 p.m.168 This one hour time is in addition to any time the detainees have for
149

Detention Operations Manual, Detainee Services, Standard 13, Section III.A, which also provides that “all new or
renegotiated contracts and IGSAs will stipulate that INS detainees have access to an outdoor recreation area.”
150
Detention Operations Manual, Detainee Services, Standard 13, Section III.G.
151
Detention Operations Manual, Detainee Services, Standard 13, Section III.B.
152
b6
Observations of delegation member
.
153
b6
b6
Observations of delegation members
and
.
154
b6
Observations of delegation member
155
Notes from delegation members
and
on conversation with Officer b6, b7C .
b6
b6
156
b6
Observations of delegation member
157
b6
Notes from delegation member
on conversation with Officer b6, b7C
158
b6
b6
Observation of delegation members
and
.
159
b6
Observation of delegation member
160
b6
Notes from delegation member
.
161
b6
b6
Notes from delegation members
and
on conversation with Officer b6, b7C .
162
Statement of Officer b6, b7C .
163
b6
b6
Notes from delegation members
and
on conversation with Officer b6, b7C .
164
Notes from delegation member
on conversation with Officer b6, b7C
b6
165
b6
Notes from delegation member
on conversation with Officer b6, b7C .
166
Notes from delegation members
and
on conversation with Officer
b6
b6, b7C
b6
167
Notes from delegation members
and
on conversation with Officer
168
b6
Notes from delegation member
.

13

recreation and the law library.169 Officer b6, b7C explained that this computer room is very popular among
the detainees who like to use the translation programs available on the computers.170 All of the computers
were being used during the delegation’s tour of this area of the facility.171
D. Access to Medical Care
The Standards require that all detainees have access to medical services that promote detainee
health and general well-being.172 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.173
For a facility of over 200 detainees, there must be sick call five days per week.174 Facilities must also
have procedures in place to provide emergency medical care for detainees who require it.175 With respect
to emergency care, the Standards state that in a situation in which a detention officer is uncertain whether
a detainee requires emergency medical care, the officer should immediately contact a health care provider
or an on-duty supervisor.176 Facilities must have adequate facilities, including a toilet and drinking
fountain accessible from the waiting or holding area in CDFs.177
EDF substantially meets this section of the Standards; however, there is no toilet or
drinking fountain accessible from the waiting area. Public Health Service Officer Commander
b6
spoke with us about the medical office and answered our questions regarding health
care. All detainees at EDF are screened for medical issues upon their initial processing, which takes place
on the day they arrive at the facility.178 Each detainee is questioned regarding prior health history, current
health, medical history, suicide risk, mental health, drug and/or alcohol dependence, TB, dental health,
and STD/communicable diseases.179 If red flags are raised the individual is referred to medical for
attention.180 If no red flags are raised, the detainee receives a complete physical within fourteen days of
arrival.181 HIV is not routinely checked, however, and is only tested for upon request.182 When asked
b6
whether HIV positive detainees were separated from the population, Commander
indicated that
they did not recall having an HIV positive detainee at EDF.183 Detainees who have mental health or
substance abuse histories are monitored by dormitory staff, but live in the general population.184
Dormitory staff are trained in CPR, first aid and suicide prevention.185 There have been no suicides at
EDF in the past four years.186

169

b6
b6
Notes from delegation members
and
on conversation with Officer b6, b7C
b6
Notes from delegation member
on conversation with Officer b6, b7C
171
b6
Observation of delegation member
.
172
Detention Operations Manual, Health Services, Standard 2, Section I.
173
Detention Operations Manual, Health Services, Standard 2, Section III.F.
174
Detention Operations Manual, Health Services, Standard 2, Section I.
175
Detention Operations Manual, Health Services, Standard 2, Section III.A, D, and G.
176
Detention Operations Manual, Health Services, Standard 2, Section III.H.
177
Detention Operations Manual, Health Services, Standard 2, Section III.B.
178
Notes from delegation member
on conversation with Commander
179
Notes from delegation member
on conversation with Commander
180
b6
b6
Notes from delegation member
on conversation with Commander
181
Notes from delegation member
on conversation with Commander
182
Notes from delegation member
on conversation with Commander
183
Statement of Commander
.
b6
184
Notes from delegation member
on conversation with Commander
.
b6
185
b6
Notes from delegation member
on conversation with Commander
.
186
Notes from delegation member
on conversation with Officer b6, b7C and Commander

170

14

b6

.

The physical medical treatment rooms appeared to be clean and spacious.187 There was one large
room with at least four exam rooms off of that room.188 All exam rooms had a secure door between it and
the general room, ensuring privacy and security.189 The medical unit employs twelve people full-time,
including a doctor, six nurses, a director, a pharmacist and a doctor’s assistant.190 The medical unit is
open for five days per week for routine medical treatment and sick calls, and is open for twenty-four
hours a day, seven days a week for medical emergencies.191
If a detainee needs medical treatment that the EDF’s medical unit cannot supply, the detainee is
treated at a local hospital pursuant to contract.192 The EDF has a mobile x-ray unit, so detainees do not
have to be transported for x-rays.193
EDF has a secure and separate waiting area in the medical unit, but it does not have a toilet and
drinking fountain accessible, as required by the Standards.194
EDF also has a room dedicated to examination of detainees by private doctors. It is a separate
locked room just outside the general medical facility, and it is used primarily for examinations arranged
by attorneys for detainees.195
EDF has a sick call procedure, as required by the Standards. Sick call is held five days per week,
and is accessed through a detainee filling out a form and putting it in a box.196 The forms are available in
the dormitory areas.197 The slips are available in many languages.198 Staff ordinarily responds to sick call
within three days, and if necessary the medical staff will triage the sick call requests, treating more urgent
conditions first.199
EDF’s medical unit has a pharmacy on site.200 Medications are provided by prescriptions.201
E. Access to Dental Care
The Standards suggest that detainees have an initial dental screening exam within 14 days of the
detainee’s arrival, and require the facility to provide emergency dental treatment and repair of prosthetic
appliances.202 For detainees who are held in detention for over six months, routine dental treatment may
be provided, including amalgam and composite restorations, prophylaxis, root canals, extractions, x-rays,

187

Observations of delegation member
.
b6
Observations of delegation member
.
189
Observations of delegation member
.
190
Statement of Commander
b6
191
b6
b6
Notes from delegation member
on conversation with Commander
.
192
Statement of Commander
.
b6
193
Statement of Commander
.
194
Detention Operations Manual, Health Services, Standard 2, Section III.B, and observations of delegation member
.
b6
195
b6
b6
Statement of Officer b6, b7C , and observations of delegation members
and
.
196
b6
Notes from delegation member
from conversation with Officer b6, b7C
197
b6
Statement of Commander
. We saw boxes in the dorm areas that we were told contained the sick call
forms, but because we were not permitted to enter the dormitories, we could not verify that sick call forms were in
the boxes.
198
b6
Statement of Commander
.
199
Notes from delegation member
from conversation with Officer b6, b7C .
200
b6
Notes from delegation member
on conversation with Commander
b6
201
Notes from delegation member
on conversation with Commander
202
Detention Operations Manual, Health Services, Standard 2, Section III.E.
188

15

the repair and adjustment of prosthetic appliances and other procedures required to maintain the
detainee’s health.203
EDF does not fully meet this section of the Standards: the detainees do not receive the
dental screening.204 If dental care is needed, EDF has a contract with a local dentist who provides the
necessary dental care, either in the facility or at his local office.205 Care for emergencies is provided on an
as-needed basis, but general check ups are only provided to detainees who are at EDF for more than one
year.206
F. Hunger Strikes
The Standards require that all facilities follow accepted standards of care in the medical and
administrative management of hunger-striking detainees.207 Facilities must do everything within their
means to monitor and protect the health and welfare of the hunger-striking detainee and must make every
effort to obtain the hunger striker’s informed consent for treatment.208
The delegation was unable to determine whether EDF meets this section of the Standards.
When asked about hunger strikes, the staff present said that none had occurred at EDF within any of their
tenures.209
G. Detainee Classification System
The Standards require that detention facilities use a classification system and physically separate
detainees into different categories.210 Detainees must be assigned to the least restrictive housing unit
consistent with facility safety and security.211 Classification is required in order to separate detainees with
no or minimal criminal records from inmates with serious criminal records.212 Detainees with a history of
assaultive or combative behavior are not to be housed with non-assaultive detainees.213
All facility classification systems shall allow classification levels to be re-determined and include
procedures by which new arrivals can appeal their classification levels.214 Finally, the detainee
handbook’s section on classification must include (1) an explanation of the classification levels, with the
conditions and restrictions applicable to each, and (2) the procedures by which a detainee may appeal his
classification.215
EDF does not meet this section of the Standards: detainees are not classified at EDF.216 The
delegation was told that the EDF does not classify detainees because no “criminals” are housed at EDF.217
H. Detainee Grievance Procedures
203

Detention Operations Manual, Health Services, Standard 2, Section III.E.
Notes from delegation member
on conversation with Commander
b6
205
Notes from delegation member
on conversation with Commander
206
b6
Statement of Commander
.
207
Detention Operations Manual, Health Services, Standard 1, Section I.
208
Detention Operations Manual, Health Services, Standard 1, Section I.
209
b6
Statements of Commander
.
210
Detention Operations Manual, Detainee Services, Standard 4, Section I.
211
Detention Operations Manual, Detainee Services, Standard 4, Section III.F.
212
Detention Operations Manual, Detainee Services, Standard 4, Sections III.A & E.
213
Detention Operations Manual, Detainee Services, Standard 4, Section III.F.
214
Detention Operations Manual, Detainee Services, Standard 4, Sections III.G & H.
215
Detention Operations Manual, Detainee Services, Standard 4, Section III.I.
216
Statement of Officer
.
b6, b7C
217
Statement of Officer
.
204

16

b6

.
.

The Standards require that every facility develop and implement standard procedures for handling
detainee grievances and encourage that the facility initially seek to resolve grievances informally before
having to engage in a more formalized procedure.218 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.”219 All grievances must
receive supervisory review, include guarantees against reprisal, and allow for appeals.220
The delegation was unable to determine whether EDF fully meets this section of the
Standards. Grievances at EDF are handled on the lowest staff level possible and are only elevated to a
higher level if no immediate resolution of the grievance is possible.221 Detainees are free to put forth oral
grievances; if a grievance is submitted in writing, the detainee will receive a written response.222 The
EDF Handbook states that forms for “informal” grievances (“Detainee Request Form”) are available in
dormitories and refers to dormitory bulletin boards for the policy on “formal” grievances.223 The EDF
Handbook also sets forth “formal” grievance procedures; those do not explicitly contemplate a grievance
“committee,” but otherwise appear to substantially meet the Standards.224
I.

Disciplinary Policy

The Standards state that facility authorities “will impose disciplinary sanctions on any detainee
whose behavior is not in compliance with facility rules and procedures” in order “to provide a safe and
orderly living environment.”225 Each facility holding ICE detainees must have a detainee disciplinary
system which has “progressive levels of reviews, appeals, procedures, and documentation procedures.”226
The disciplinary policy must clearly define detainee rights and responsibilities, and any disciplinary
action taken must not be capricious or retaliatory.227 The following sanctions may not be imposed:
“corporal punishment; deviations from normal food services; deprivation of clothing, bedding, or items of
personal hygiene; deprivation of correspondence privileges; or deprivation of physical exercise unless
such activity creates an unsafe condition.”228
The Detainee Handbook must notify detainees of the disciplinary process, the prohibited acts and
disciplinary severity scale, and the procedure for appeals.229 The handbook must also notify detainees of
specific rights, including the right to protection from abuse, harassment, and discrimination, the right to
pursue a grievance, and the right to due process, including prompt resolution of a disciplinary matter.230
EDF does not fully meet this Standard: the EDF Handbook does not advise detainees of
important rights. The delegation was unable to determine whether EDF meets the rest of this

218

Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.A.
Detention Operations Manual, Detainee Services, Standard 5, Section I.
220
Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.C & D.
221
Notes from delegation member
on conversation with Officer
.
b6
b6, b7C
222
Notes from delegation member
on conversation with Officer
.
223
EDF Handbook, p. 11. The delegation did not have access inside the EDF dormitories during the visit.
224
EDF Handbook, pp. 19-20. The delegation was unable to confirm whether the procedures in the EDF Handbook
differ from those posted on dormitory bulletin boards due to the lack of access inside the EDF dormitories.
225
Detention Operations Manual, Security and Control, Standard 5, Section I.
226
Detention Operations Manual, Security and Control, Standard 5, Section III.A.1.
227
Detention Operations Manual, Security and Control, Standard 5, Section III.A.1 & 2.
228
Detention Operations Manual, Security and Control, Standard 5, Section III.A.3.
229
Detention Operations Manual, Security and Control, Standard 5, Section III.L.
230
Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.
219

17

Standard. Due to time constraints imposed by the facility personnel, the delegation did not have the
opportunity to ask detailed questions regarding the facility’s disciplinary processes.
Detainees are permitted to appeal sanctions imposed within thirty days, however they are held in
the special housing unit during that time.231
The EDF Handbook does notify the detainees of the disciplinary process, the prohibited acts and
disciplinary severity scale.232 In addition, the EDF Handbook notifies detainees of the facility’s rules of
conduct and the sanctions imposed for the violation of these rules.233 However, the EDF Handbook does
not advise the detainees of their “right to protection from personal abuse, corporal punishment,
unnecessary or excessive use of force, personal injury, disease, property damage, and harassment” or their
“right of freedom from discrimination based on race, religion, national origin, sex, handicap, or political
beliefs.”234
J. Special Management Unit
The Standards suggest that each facility establish a Special Management Unit (“SMU”) that will
isolate certain detainees from the general population.235 The Standards for Administrative and
Disciplinary Segregation differ somewhat from one another, but both provide for legal access and other
protections. A detainee may be placed in disciplinary segregation only by order of the Institutional
Disciplinary Committee, after a hearing in which the detainee has been found to have committed a
prohibited act.236
All cells in the SMU must be well ventilated, appropriately heated, and sanitary, and must be
equipped with beds.237 Segregated detainees shall have the opportunity to maintain a normal level of
personal hygiene.238 Recreation shall be provided to detainees in segregation in accordance with the
“Recreation” standard.239 Access to the law library shall generally be granted to detainees in
segregation.240 Detainees generally retain visiting privileges while in disciplinary segregation, and may
not be denied legal visitation.241 Detainees in administrative segregation generally have the same
telephone privileges as other detainees,242 while detainees in disciplinary segregation shall be restricted to
telephone calls for calls relating to the detainee’s immigration case or other legal matters, calls to
consular/embassy officials, and family emergencies.243 Detainees in segregation shall have the same
correspondence privileges as detainees in the general population.244
231

Statement of Officer b6, b7C
EDF Handbook, pp. 13-19.
233
EDF Handbook, pp. 13-19.
234
Detention Operations Manual, Security and Control, Standard 5, Sections III.A.5.a & b; EDF Handbook.
235
Detention Operations Manual, Security and Control, Standard 14, Section I.
236
Detention Operations Manual, Security and Control, Standard 14, Section III.A.
237
Detention Operations Manual, Security and Control, Standard 13, Section III.D.2, and Standard 14, Section
III.D.6.
238
Detention Operations Manual, Security and Control, Standard 14, Section III.D.11.
239
Detention Operations Manual, Security and Control, Standard 13, Section III.D.8, and Standard 14, Section
III.D.13.
240
Detention Operations Manual, Security and Control, Standard 13, Section III.D.18, and Standard 14, Section
III.D.15.e.
241
Detention Operations Manual, Security and Control, Standard 13, Sections III.D.13 & 14, and Standard 14,
Section III.D.17.
242
Detention Operations Manual, Security and Control, Standard 13, Section III.D.16.
243
Detention Operations Manual, Security and Control, Standard 14, Section III.D.19.
244
Detention Operations Manual, Security and Control, Standard 13, Section III.D.20, and Standard 14, Section
III.D.18.
232

18

The delegation was unable to determine whether EDF fully meets this section of the
Standards. The delegation was not granted access to the SMU. In addition, due to time constraints
imposed by the facility personnel, the delegation did not have the opportunity to ask detailed questions
regarding the SMU. Therefore, the delegation is unable to determine whether EDF fully meets this section
of the Standards.
There are six beds in the SMU, including one for women.245 Detainees in segregation appear to
have access to recreation, the law library or telephone privileges.246
K. Staff-Detainee Communication/ICE Presence at the Facility
The Standards require that procedures be in place “to allow for formal and informal contact
between key facility staff and ICE staff and ICE detainees and to permit detainees to make written
requests to ICE staff and receive an answer in an acceptable time frame.”247 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.248 Unannounced
visits to the facility’s housing areas must be conducted on a regular basis—weekly at SPCs and CDFs.249
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.”250
Due to time constraints imposed by the facility personnel, the delegation was unable to
b6, b7C
determine whether EDF meets this section of the Standards. The delegation met with
who is an ICE Supervisory Deportation Officer and the Acting Director of EDF. Officer b6, b7C is on
site at the facility on a regular basis.251

,

L. Religious Practices
The Standards require that detainees of different religious beliefs be provided with reasonable and
equitable opportunities to participate in the practices of their respective faiths.252 According to the
Standards, these “opportunities will exist for all equally, regardless of the number of practitioners of a
given religion, whether the religion is ‘mainstream,’ whether the religion is ‘Western’ or ‘Eastern,’ or
other such factors. Opportunities will be constrained only by concerns about safety, security, the orderly
operation of the facility, or extraordinary costs associated with a specific practice.”253 Detainees in
confinement must also be permitted to participate in religious practices, consistent with the safety,
security, and orderly operation of the facility.254
EDF appears to meet this section of the Standards. EDF does provide a shared “chapel” room,
which is accessible to ministers of all faiths and can be used for individual worship as well.255 Each
religion provides its own religious materials and EDF offers storage space for each religious community
245

b6
Notes from delegation member
b6
Notes from delegation member
on conversations with Officer b6, b7C and Warden
247
Detention Operations Manual, Detainee Services, Standard 15, Section I.
248
Detention Operations Manual, Detainee Services, Standard 15, Section III.A.
249
Detention Operations Manual, Detainee Services, Standard 15, Section III.A.1.
250
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.
251
Statement of Officer b6, b7C .
252
Detention Operations Manual, Detainee Services, Standard 14, Section I.
253
Detention Operations Manual, Detainee Services, Standard 14, Section I.
254
Detention Operations Manual, Detainee Services, Standard 14, Section III.O.
255
Notes from delegation member
on conversation with Officer b6, b7C .
b6

246

19

b6, b7C

.

for its worship material.256 All inmates can wear headscarves, turbans, and other religious clothing during
services, but not outside of services, on a daily basis.257
M. Voluntary Work Program
The Standards suggest that all facilities with work programs provide an opportunity for physically
and mentally capable detainees to “work and earn money.”258 Participation must be voluntary, and
detainees may not work more than eight hours per day, and 40 hours per week.259
EDF meets this section of the Standards. Detainees are provided an opportunity to work in the
facility should they choose to do so.260 Detainees may work in the laundry room and the kitchen, or serve
as a translator, barber or maintenance worker.261 Our delegation observed detainees as they arrived for
work in the kitchen.262 Detainees are compensated for their work at the rate of one dollar per day.263
V. CONCLUSION
The Elizabeth Contract Detention Facility meets the requirements of several of the ICE Detention
Standards but fails to meet certain of the sections. Unfortunately, due to the time constraints and
limitations to access imposed by the facility personnel, the delegation was unable to determine whether
the facility meets a number of sections of the Standards. As discussed above, the EDF staff did not
permit the delegation access to many of the locked areas of the facility, including the law library, the
dormitories, and recreational areas. In addition, the delegation was only permitted to be inside the EDF
facilities for less than two hours, and was therefore unable to ask a number of questions relating to the
Standards. The primary purpose of the ABA’s delegations to detention facilities is to evaluate legal access
afforded to detainees in ICE custody; without access to the law library or telephones in the housing areas,
the delegation was unable to do so.
Detainees should not be required to wait thirty days to qualify as indigent, and therefore eligible
for additional postage and telephone access, particularly because immigration cases may move quickly
and appeal deadlines are short.
The EDF library appears to be too small, and to be open for too few hours, to be able to meet the
Standards. The delegation was unable to determine what legal materials were available to detainees (both
in hard copy and electronically) or whether the required materials are available.
The delegation was very impressed that EDF maintains a computer room for detainees, which is
separate from the recreation areas and the law library. Detainees are permitted to use this computer room
in addition to any time the detainees have for recreation and the law library. The delegation understands
that this computer room is very popular among the detainees who like to use the translation programs
available on the computers, and members of the delegation observed the use of these computers during
the visit.
The delegation noted several shortcomings with the EDF Handbook that should be corrected.

256

Notes from delegation member
on conversation with Officer
b6, b7C
b6
Notes from delegation member
on conversation with Officer
258
Detention Operations Manual, Detainee Services, Standard 37, Sections I & III.A.
259
Detention Operations Manual, Detainee Services, Standard 37, Sections III.A. & H.
260
EDF Handbook, pp. 8-9.
261
b6
EDF Handbook, p. 8; notes from delegation member
.
262
b6
Observation and notes from delegation member
263
b6
EDF Handbook, p. 8; notes from delegation member
on conversation with Food Service Manager
b6
.
257

20

The delegation wishes to thank the EDF personnel for their participation during the delegation’s
visit.

21

b6

b6

b6

b6

b6

b6

Facility Name: ELIZABETH CONTRACT DETENTION FACILITY, Elizabeth, New Jersey
Date of Tour: July 25, 2007
Tour Participants: Fried, Frank, Harris, Shriver & Jacobson LLP attorneys
,
,
,
, and
.
*Standards are Detainee Services Standards unless otherwise indicated. Standards excerpts are typed verbatim. Issues are generally listed in their order from the Report.
Report comments in bold are priority issues for ICE-ABA discussion.
b6

Delegation Report

Source

1.

Standard 17, Visitation
ƒ III.L. Non-Government Organization Visitation with
Detainees and Tours of Facilities. All requests by
NGOs and other organizations to send representatives
to visit detainees must be submitted in writing …. All
efforts will be made to accommodate NGO requests for
facility tours in a timely manner.1

ƒ

Delegation
observations

2.

Standard 16, Telephone Access
ƒ I. Facilities holding [ICE] 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..

ƒ

EDF Handbook;
Officer
b6, b7C

The EDF staff did not permit the delegation
access to many of the areas that the delegation
had requested in advance to visit. These areas
included the law library, the dormitories (where
the telephones are located), and the recreational
areas. Accordingly, the delegation was unable to
determine whether EDF meets a number of
sections of the Standards, particularly those
related to legal access. This lack of access is
remarkable considering the ABA’s longstanding
partnership with ICE in assessing legal access at
detention facilities. The primary purpose of the
ABA’s delegations to detention facilities is to
evaluate legal access afforded to detainees in ICE
custody; without access to the law library or
telephones in the housing areas, the delegation
was unable to do so. (p.2 ¶2)
The EDF Handbook states 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.
According to Officer
, in practice, there
are no time limits on any calls except when other
detainees are waiting to use the telephones. (p.6
¶3)

ICE Response

b6, b7C

1

ICE Standard*

See also Letter from DRO Deputy Executive Associate Commissioner Anthony S. Tangeman to ABA (Aug. 20, 2001): “Routinely, all tours of facilities shall include
general housing units, law libraries, dining facilities, recreation areas, healthcare services and visitation areas.” [Attached to request to visit the facility.]

ABA Commission on Immigration - Detention Standards Implementation Initiative

4/16/2008

1

Standard 16, Telephone Access
ƒ III.E. The facility shall not require indigent detainees
to pay for [legal, court-related, consular, emergency
calls] if they are local calls, nor for non-local calls if
there is a compelling need.

ƒ

4.

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.
Standard 1, Access to Legal Material
ƒ III.G. The facility shall…permit all detainees,
regardless of housing or classification, to use the law
library on a regular basis. Each detainee shall be
permitted to use the law library for a minimum of five
(5) hours per week.
Standard 1, Access to Legal Material
ƒ III.Q. The detainee handbook … shall provide
detainees with the rules and procedures governing
access to legal materials, including … 4. the procedure
for requesting additional time in the law library
(beyond the 5 hours per week minimum); ….
Standard 9, Group Presentations on Legal Rights
ƒ III.C. At least 48 hours before a scheduled
presentation, informational posters … shall be
prominently displayed in housing units, and each
housing unit control officer will hold a sign-up sheet.

ƒ

5.

7.

A detainee may qualify as indigent if he or she
has had a balance of $3 or less in his or her EDF
account for the past thirty days. Thirty days is
too long to wait for fuller telephone privileges,
particularly because immigration cases move
very quickly. (p.5 ¶5)
There was one computer visible through the door
of the EDF law library, which does not seem
adequate for over 300 detainees. (p.9 ¶2)

Officer
EDF Handbook

ƒ

The operating hours of the library appear too
limited to permit each dorm to use the library
for five hours per week, even if it is open seven
days per week. (p.7 ¶5)

EDF Handbook

ƒ

The EDF Handbook does not specify the
procedures for requesting additional time in the
library. However, EDF staff indicated that
additional time would be granted if requested,
(p.10 ¶5)

EDF Handbook;
Officer

ƒ

There is no sign-up sheet and there are no
postings of the presentations. However, each
detainee who has arrived during the previous
week is automatically invited to a presentation.
(p.11 ¶1)

Delegation notes

ABA Commission on Immigration - Detention Standards Implementation Initiative

Delegation
observations

b6, b7C

6.

b6, b7C

3.

4/16/2008

2

8.

ƒ

The EDF Handbook does not provide the following
information as required: 1) “the definition of special
correspondence, including instructions on the proper
labeling for special correspondence . . . . [and a]
statement that it is the detainee’s responsibility to
inform senders of special mail of the labeling
requirement”; 2) the fact that detainees may not
send or receive packages without advance approved
arrangements; 3) instructions about “how to obtain
writing implements, paper, and envelopes”; and 4)
“the procedure for purchasing postage (if any), and
the rules for providing indigent and certain other
detainees free postage.” (p.11 ¶3)
The waiting area in the medical unit does not have a
toilet and drinking fountain accessible. (p.15 ¶4)

EDF Handbook

ƒ

The detainees do not receive the dental screening.
(p.16 ¶2)

Commander

ƒ

Detainees are not classified at EDF. (p.17 ¶1)

Officer

ƒ

The EDF Handbook does not advise the
detainees of their “right to protection from
personal abuse, corporal punishment,
unnecessary or excessive use of force, personal
injury, disease, property damage, and
harassment” or their “right of freedom from
discrimination based on race, religion, national
origin, sex, handicap, or political beliefs.” (p.18
¶4)

EDF Handbook

ƒ

b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

Delegation
observations

b6

Standard 3, Correspondence and Other Mail
ƒ III.B. The facility shall notify detainees of its policy in
correspondence and other mail through the detainee
handbook or equivalent … [and] shall specify: 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; 6. That packages may not be sent or received
without advance arrangements approved by the OIC ….
8. How to obtain writing implements, paper, and
envelopes; and 9. The procedure for purchasing postage
(if any), and the rules for providing indigent and certain
other detainees free postage ….
9. 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.B. In SPCs/CDFs, … [a] detainee toilet and drinking
fountain will be accessible from the holding/waiting area.
10. Health Services Standard 2, Medical Care
ƒ III.E. Dental Treatment. An initial dental screening exam
should be performed within 14 days of the detainee’s
arrival.
11. Standard 4, Detainee Classification System
ƒ I. All [ICE] detention facilities will implement this
Detainee Classification System (DCS). CDFs and IGSA
facilities may continue using the systems established
locally, if the classification criteria are objective and all
procedures meet the [ICE] requirements.
Security and Control Standard 5, Disciplinary Policy
ƒ III.A.5. The detainee handbook or equivalent, issued to
each detainee upon admittance, shall provide notice of
the facility’s rules of conduct … Among other things,
the handbook shall advise detainees of the following: a.
The right to protection from personal abuse, corporal
punishment, unnecessary or excessive use of force,
personal injury, disease, property damage, and
harassment; b. The right of freedom from
discrimination based on race, religion, national origin,
sex, handicap, or political beliefs….

4/16/2008

3