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FIRM / AFFILIATE OFFICES

August 15, 2006
MEMORANDUM

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Washington, D.C.

To:

John P. Torres, Acting Director, Office of Detention and Removal, Immigration and
Customs Enforcement
From:
American Bar Association Delegation to the Hampton Roads Regional Jail 1
Copies to:
b6
, ABA Commission on Immigration
Subject:
Report on Observational Tour of the Hampton Roads Regional Jail in Portsmouth, Virginia
This memorandum summarizes and evaluates information gathered at the Hampton Roads
Regional Jail (“HRRJ” or “the facility”) in Portsmouth, Virginia, during the delegation’s July 25, 2006
visit to the facility. The information was gathered via observation of the facility by the delegation,
interviews with detainees, and discussions with HRRJ 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-eight standards contained in the Detention Operations Manual cover a broad spectrum of issues
ranging from visitation policies to grievance procedures and food service. These standards apply to ICEoperated 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 and summer associates from the Washington, D.C. office of Latham &
b6
b6
b6
b6
b6
Watkins 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 which previously were transferred to Immigration and Customs Enforcement (“ICE”), a
division of the newly-created Department of Homeland Security (“DHS”).

August 15, 2006

II. INTRODUCTION
A.

The Delegation’s Visit, July 25, 2006

On Tuesday, July 25, 2006, the members of our delegation met with several members of
b6, b7C
Hampton Roads’ staff and Immigration Enforcement Agent
, a representative from the
b6, b7C
ICE office in Portsmouth, Virginia. Assistant Superintendent Lieutenant Colonel
, and
b6,
b7C
Captain
led our delegation on a tour of the facilities and participated in a post-tour
follow-up discussion. The delegation also met with other HRRJ personnel along the tour: Lieutenant
b6, b7C
b6, b7C
b6, b7C
, Sergeant
, Master Jail Officer
and Administration
b6, b7C
Director
. The delegation appreciates the cooperation of these individuals; they were direct
and accommodating during our tour of the facility. They were also interested in hearing the delegation’s
thoughts and suggestions at the conclusion of the visit.
Our report is based on the discussions we had with these HRRJ employees, as well as
observations of the facility and an interview with six immigration detainees. In many instances, the
detainees’ reports were compatible with statements made by facility personnel and/or our observations.
In such cases, the delegation was able more accurately to determine whether HRRJ policy and procedures
successfully meet the Standards. However, in certain instances, detainees’ reports conflicted with
statements made by facility personnel. Where we were unable to verify the conflicting reports, the
delegation was unable to determine conclusively whether the Standards have been met.
B.

General Information About the HRRJ Regional Jail

The HRRJ Regional Jail is a general purpose regional jail that serves the cities of Hampton,
Newport News, and Norfolk, Virginia. Additionally, HRRJ houses federal immigration detainees
according to an intergovernmental service agreement (“IGSA”) with ICE. According to the HRRJ
personnel, the Facility has the capacity to hold more than 1200 total individuals. HRRJ has a current
immigration detainee population of 96, including 84 men and 12 women (see Attachment B). On the date
of our delegation’s visit, HRRJ housed immigration detainees from these countries: Brazil, Cameroon,
China, Congo, Costa Rica, Egypt, El Salvador, Ghana, Guatemala, Haiti, Honduras, India, Iraq, Israel,
Jamaica, Jordan, Kosovo, Mexico, Nicaragua, Nigeria, Peru, Philippines, Senegal, Trinidad,
Turkmenistan, Vietnam, the Virgin Islands, and Zambia.
III. LEGAL ACCESS STANDARDS
A. Legal Access/Visitation
1. Visitation by Attorneys
The Standards suggest that facilities permit legal visitation seven days per week. 3 Attorneys
should have access to their clients eight hours per day during the week and four hours per day during the
weekend. 4 The visits must be private, and should not be interrupted for head counts. 5
HRRJ substantially meets this section of the Standards. Attorneys may visit the detainees
seven days per week during regular business hours. 6
3

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
5
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.9.
4

2

August 15, 2006

Each housing unit has visitation booths that are used for family/friend visits as well as attorney
visits. 7 All visits are non-contact, unless special circumstances warrant a contact visit. 8 There is a wiremesh divider between the detainee and the attorney. 9 Attorneys are not searched, and detainees are
subject to only a pat down search after a legal visit. 10 However, the Inmate Handbook states: “You will be
strip searched after all contact visits.” 11 Interviews with detainees did not indicate any problems in
meeting with counsel.
2. Visitation by Family and Friends
The Standards suggest that facilities establish written visitation hours and procedures, and make
them available to the public. 12 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. 13 Visits should be at least 30 minutes long, and longer when possible. 14 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. 15
HRRJ does not meet this section of the Standards because there are no visiting hours on
weekends or holidays and the visitation hours are not long enough and are generally inflexible.
The visitation schedule is contained in a pamphlet that is available at the entrance of the facility. 16
Visiting hours are five days per week, from 7:30 p.m. until 10:30 p.m. 17 However, visitation days are
allocated according to the housing unit in which the detainee is housed such that each detainee may
receive visitors only two days per week. 18 The Inmate Handbook caps the number of visits to two per
week, and a maximum of three people may visit at one time. 19 The schedule does not provide for visitors
on either Saturday or Sunday. 20 HRRJ generally confines visits to twenty minutes 21 , but supervisors may
adjust the schedule and extend the visit if a detainee’s visitors face a particular hardship. 22 All visits are
non-contact. 23

6

b6
Notes of delegation member
, on conversation with Lt. Col. b6, b7C ; and HRRJ Inmate Handbook,
p. 23.
7
b6
Observations of delegation member
.
8
HRRJ Inmate Handbook, p. 23.
9
b6
Observations of delegation member
.
10
HRRJ Inmate Handbook, p. 23.
11
HRRJ Inmate Handbook, p. 23.
12
Detention Operations Manual, Detainee Services, Standard 17, Section III.A & B.
13
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
14
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
15
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.2.
16
b6
Observations of delegation member
17
HRRJ Inmate Visiting Schedule; HRRJ Inmate Handbook, p. 23.
18
HRRJ Inmate Visiting Schedule; HRRJ Inmate Handbook, p. 23.
19
HRRJ Inmate Handbook, p. 23.
20
HRRJ Inmate Visiting Schedule; HRRJ Inmate Handbook, p. 23.

21

HRRJ Inmate Handbook, p. 23; notes of delegation member
b6, b7C .
22
HRRJ Inmate Handbook, p. 23; notes of delegation member
b6, b7C .
23
HRRJ Inmate Visiting Schedule; HRRJ Inmate Handbook, p. 23.

3

b6

, recording conversation with Lt. Col.

b6

, recording conversation with Lt. Col.

August 15, 2006

Although the Standards do not cap the number of visitors, HRRJ requires each detainee to submit
a list of six individuals in order to receive them as visitors. 24 The detainees may make periodic changes
to their list at the discretion of the Unit Manager. 25 Minors may be included on this list, and may visit if
accompanied by an adult. 26
B. Telephone Access
1. General Requirements
The Standards suggest that facilities provide detainees with reasonable and equitable access to
telephones during established facility waking hours. 27 In order to meet this requirement, facilities must
provide at least one telephone for every 25 detainees. 28 The Standards maintain that phone calls should
not be unreasonably restricted and that time limits, if necessary, should be no shorter than 20 minutes. 29
HRRJ meets this section of the Standards. Under the Standards, IGSAs must provide detainees
with the access rules for telephones in writing upon admittance. The handbook summarizes the
conditions of telephone use. The rules are also posted near the telephones in each housing unit. 30
Detainees are separated into housing units that vary somewhat in size, depending on whether the
unit is separated into two parts; the unit holding the male ICE detainees can hold approximately 90
individuals (their were 84 male detainees the day of our delegation). 31 This housing unit, and all of
comparable size, had 10 telephones available at all times for inmate use. 32 The women’s unit, which is
half the size of the men’s (and where ICE detainee women are commingled with minimum and medium
security prisoners), had five telephones. 33 One of the phones in the ICE men’s housing unit was out of
order; the facility was in the process of having it fixed. 34 HRRJ Officer b6, b7C explained to us that he is
responsible for phone maintenance, and responds to calls promptly, and that phones are fixed within one
week. 35
According to the Inmate Handbook, HRRJ places 15-minute time limits on telephone calls made
from the housing units. 36 Although HRRJ disconnects calls after 15 minutes, this generally does not
apply to calls to attorneys, 37 legal service providers, and consulates, as long as detainees notify staff that
they are making a legal call. 38

24

HRRJ Visitation Pamphlet.
HRRJ Inmate Handbook, p. 23.
26
HRRJ Inmate Visiting Schedule; HRRJ Inmate Handbook, p. 23.
27
Detention Operations Manual, Detainee Services, Standard 16, Sections I & III.A.
28
Detention Operations Manual, Detainee Services, Standard 16, Section III.C.
29
Detention Operations Manual, Detainee Services, Standard 16, Section III.F.
30
b6
Observation of delegation member
.
31
b6
Notes of delegation member
, recording conversation with Lt. b6, b7C
32
Observation of delegation member
.
b6
33
Observation of delegation member
.
34
Notes of delegation member
, recording conversation with Officer b6, b7C .
b6
35
Notes of delegation member
, recording conversation with Officer
.
36
HRRJ Inmate Handbook, p. 21.
37
This applies to calls to all attorneys, as long as a detainee notifies the staff that he or she is making an attorney
call. Notes of delegation member
, on conversation with Lt. Col. b6, b7C .
b6
38
b6
Notes of delegation member
, recording conversation with Lt. Col. b6, b7C .
25

4

August 15, 2006

2. Direct Calls and Free Calls
The Standards maintain that facilities should 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 cases of emergency. 39 These calls
are not to be charged if the detainee is indigent, and all detainees should be able to make calls to an ICEprovided list of free legal service providers and consulates at no charge to the detainee or receiving party.
HRRJ meets this section of the Standards, although calls are expensive. The HRRJ Inmate
Handbook contains an addendum permitting ICE detainees to make “special access” calls to certain “free
numbers” provided by ICE. Accordingly, posted in each housing unit were full instructions to dial
consulates, legal service providers, courts and government offices. 40 We tested the dialing system, and it
worked without a hitch in a call to CAIR Coalition, which reported that it receives calls from HRRJ
daily. 41 These calls are free to all detainees.
While telephone service for detainees (indeed, for all prisoners) is not limited to collect calls
alone, direct calling from the telephones located in the housing units is fairly expensive. This was a
common complaint among the detainees with whom we spoke. 42 The detainees estimated that a call to
Richmond or elsewhere in Virginia cost upwards of $20.00 for a 15 minute call. 43
3. Privacy for Telephone Calls on Legal Matters
The Standards require that the facility ensure privacy for detainees’ telephone calls regarding
legal matters. 44 As a consequence, the facility should provide a reasonable number of telephones on
which detainees can make such calls without being overheard by officers, other staff or other detainees.
HRRJ does not meet this section of the Standards: telephones do not afford privacy and
calls are recorded. None of the telephones available were situated to ensure detainee privacy. All
phones were in the middle of the housing units, located within two feet of another phone and near tables
where detainees would congregate. 45 Officer Close, Lt. Col. b6, b7C and ICE Agent b6, b7C all indicated
that they would allow detainees to use private areas for calls if requested, 46 but this is not a policy 47 nor
does it appear to be common knowledge to the detainees. 48
Telephone calls are not supposed to be monitored under the Standards. 49 Per the HRRJ Inmate
Handbook (and confirmed by Lt. Col. b6, b7C ), HRRJ records detainee phone calls. 50 Lt. Col. b6, b7C
39

Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
b6
Observation of delegation member
; Attachment C: HRRJ Phone Instructions and Directory.
41
b6
Observation of delegation member
.
42
b6, b7C
b6
Notes of delegation member
, recording interviews of detainees
, b6, b7C
b6, b7C
b6, b7C
, and
.
43
b6, b7C
b6
Notes of delegation member
, recording interviews of detainees b6, b7C b6, b7C and
44
Detention Operations Manual, Detainee Services, Standard 16, Section J.
45
b6
Observation of delegation member
.
46
b6
Notes of delegation member
, on conversations with Officer b6, b7C Lt. Col. b6, b7C and ICE
Agent b6, b7C .
47
Notes of delegation member
, recording conversations with Lt. Col. b6, b7C .
b6
48
b6, b7C
Notes of delegation member
, recording interviews of detainees b6, b7C, b6, b7C, and
.
49
Detention Operations Manual, Detainee Services, Standard 16, Sections J.
50
HRRJ Inmate Handbook, p. 21 (“Notice: Inmate phones may be recorded or monitored at any time.”); notes of
b6
delegation member
, recording conversation with Lt. Col. b6, b7C No exception is
40

5

August 15, 2006

said that HRRJ does not record detainee calls that use the free, pre-programmed codes to call consulates,
legal service providers, and select attorneys, and does not in any event listen to the recordings for the calls
that are recorded. 51
4. Incoming Calls and Messages
The Standards suggest that facilities take and deliver messages from attorneys and emergency
incoming telephone calls to detainees as promptly as possible. 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.
HRRJ does not fully meet this section of the Standards: incoming messages are generally not
taken. The HRRJ Inmate Handbook states: “You are not allowed to receive incoming phone calls.
Only messages of an emergency nature will be taken for you.” 52 Our visit confirmed that incoming
phone calls and messages are generally not accepted at HRRJ. 53 Lt. Col. b6, b7C said that in situations
where an attorney is urgently seeking to make telephone contact with a client (for instance, where a filing
needs to be done), he will arrange for the phone contact. 54 In general, however, HRRJ does not accept
incoming phone calls for detainees, even from attorneys. 55 Lt. Col. b6, b7C said that the preferred mode
of communication from an attorney to the client is by letter, and that attorneys simply set up a schedule
for clients to call them from HRRJ. 56
5. Telephone Privileges in Special Management Unit
The Standards state that telephone privileges should generally be the same for detainees in the
Special Management Unit, consistent with security concerns. 57
It is unclear whether HRRJ meets this section of the Standards. While we did not visit the
Special Management Unit, Lt. Col. b6, b7C indicated that SMU inmates were not provided as ready
access to telephones as detainees in the regular housing units. 58 It appears that SMU detainees need to
request the use of the phone. 59
C. Access to Library and Legal Material
All facilities holding ICE 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.” 60

provided for attorney phone calls; in fact, the Handbook states that “All calls to attorneys must be made
using the inmate phone system.” Id.
51
b6
Notes of delegation member
, recording conversations with Lt. Col. b6, b7C .
52
HRRJ Inmate Handbook, p. 21.
53
Notes of delegation member
, recording conversation with Lt. Col.
.
54
Notes of delegation member
,
recording
conversation
with
Lt.
Col.
.
b6
b6, b7C
55
Notes of delegation member
, recording conversation with Lt. Col.
.
56
Notes of delegation member
, recording conversation with Lt. Col.
.
57
Detention Operations Manual, Detainee Services, Standard 16, Section III.G.
58
Notes of delegation member
, recording conversation with Lt. Col.
.
b6
b6, b7C
59
Notes of delegation member
, recording conversation with Lt. Col.
.
60
Detention Operations Manual, Detainee Services, Standard 1, Section I.

6

August 15, 2006

1.

Library Condition

The Standards require that facilities provide a law library in a designated room with sufficient
space to facilitate detainees’ legal research and writing. 61 It shall be large enough to provide reasonable
access to all detainees who request its use and shall contain a sufficient number of tables and chairs in a
well-lit room, reasonably isolated from noisy areas. 62
HRRJ meets this section of the Standards. The facility has one main law library, which
detainees may request to use. This library is well-lit and quiet and has room for approximately 10 people
to sit and read. 63 In addition, each housing unit has a smaller library space that has room for 1-2 people to
work. 64

61

Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
63
Observations of delegation member
.
b6
64
Observations of delegation member
.
62

7

August 15, 2006

2.

Library Access

The Standards require that all detainees, regardless of classification, shall be permitted to use the
library for a minimum of five hours per week and should not have to forgo recreation time in order to use
the library. 65 Detainees housed in special management units shall have the same law library access as the
general population. 66
HRRJ meets these sections of the Standards. Detainees are allowed access to housing unit
libraries during their morning, afternoon, and evening free time. 67 Detainees may also use the main
library upon request. 68 There are no weekly time limits placed on their use of either the main or the
housing unit libraries. 69 Detainees in special management units are permitted access to the law library,
limited only by safety and security concerns. 70 In addition, these detainees can request to have legal
materials brought to them. 71
3.

Library Equipment and Supplies

The Standards require that the law library provide an adequate number of typewriters and/or
computers, writing implements, paper, and office supplies to enable detainees to prepare documents for
legal proceedings. 72 Inspections should occur at least once weekly to ensure good working order of the
equipment and to stock sufficient supplies. 73 In addition, the facility shall provide indigent detainees with
free envelopes and stamps for legal mail. 74
HRRJ does not fully meet these sections of the Standards; there is only one computer per
housing unit, and the delegation observed that equipment was not functioning and computer
materials were not accessible. While the main law library does not have computers, each housing unit
has one computer that detainees may use for preparing legal documents. 75 One computer for the 80-100
people housed in each housing unit does not seem sufficient. During the visit to the housing unit
inhabited by the majority of the facility’s male detainees, the printer was not working and the program
containing many of the electronic legal materials would not open. 76 Agent b6, b7C stated that he inspects
these computers periodically when he updates the electronic materials and suggested that detainees
damaged the equipment purposefully. 77 While it does not appear that either the main library or the

65

Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
Detention Operations Manual, Detainee Services, Standard 1, Section III.M.
67
b6
Notes of delegation member
, on conversation with Sgt. b6, b7C
68
b6
This requires detainees to fill out a request form. Notes of delegation member
, on conversation
with Lt. b6, b7C .
69
b6
Notes of delegation member
, on conversation with Capt. b6, b7C and Lt. Col. b6, b7C .
70
Immigration and Naturalization Inmates Addendum to HRRJ Inmate Handbook.
71
b6
Notes of delegation member
, on conversations with Lt. b6, b7C and Lt. Col. b6, b7C .
72
Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
73
Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
74
Detention Operations Manual, Detainee Services, Standard 1, Section III.N.
75
Observations of delegation member
.
b6
76
Observations of delegation member
.
77
Notes of delegation member
, on conversation with Agent b6, b7C .
b6
66

8

August 15, 2006

housing unit libraries have supplies, 78 detainees can get paper, writing implements, envelopes, and stamps
either by purchasing these at the facility, or if indigent, by requesting a free “indigent pack.” 79
4.

Library Holdings

The Standards require that all facility law libraries contain the materials listed in Attachment A to
the chapter on Access to Legal Materials. 80 The facility shall post a list of its holdings in the law
library. 81 The facility shall designate an employee with responsibility for updating legal materials,
inspecting them weekly, and maintaining them in good condition. 82 Damaged or stolen materials shall be
promptly replaced. 83
HRRJ does not meet these sections of the Standards; the materials in the law library and
housing units, including those provided on computers, are incomplete. The law library does not
contain the materials listed in Attachment A, and contains very few immigration-related materials at all in
hard-copy. 84 The law library contains: the U.S. Code (from 1987), a Martindale Hubbard directory and
two immigration treatises. 85 The housing unit that holds most of the detained men contains some
additional immigration-related resources. 86 These include: the Immigration Case Reporter (Bender),
Immigration Law and Procedure Reporter (Lexis), and Federal Habeas Corpus Practice & Procedure
(Lexis). 87 The women’s housing unit does not contain any books, 88 but these resources can be brought to
that housing unit on a portable library cart. 89 Lt. b6, b7C , who is responsible for maintaining the library
holdings in accordance with the Standards, 90 stated that the HRRJ facility never received the initial set of
legal materials from ICE and that he has requested missing sources from ICE. 91 Included in this report is
a list provided by Lt. b6, b7C that specifies which materials the library currently has and which are needed.
The print materials available in the library and in the male detainees’ housing unit appeared to be in good
condition. 92
In addition to these printed materials, each of the housing unit computers has electronic versions
of immigration-related materials provided to ICE by Lexis. 93 These electronic resources appear to
include: cases from the U.S. Supreme Court, the Court of Appeals, the Federal Circuit, the District
Courts, the Court of Federal Claims, the Bankruptcy Courts, the Board of Alien Labor Certification
Appeals (BALCA), and the Office of Chief Administrative Hearing Officers (OCAHO); the Immigration
& Nationality Act; the ICE law library containing immigration-related definitions; a document on the
78
79

Observations of delegation member
Notes of delegation member

b6
b6

.
, on conversations with detainees

b6, b7C

and

b6, b7C

b6, b7C

80

Detention Operations Manual, Detainee Services, Standard 1, Section III.C.
Detention Operations Manual, Detainee Services, Standard 1, Section III.C.
82
Detention Operations Manual, Detainee Services, Standard 1, Section III.E.
83
Detention Operations Manual, Detainee Services, Standard 1, Section III.F.
84
b6
Observations of delegation member
. Attachment A: List of Legal Reference Materials is included
with this report and materials absent from the HRRJ law library are marked with an asterisk.
85
b6
Observations of delegation member
.
86
Observations of delegation member
87
b6
Observations of delegation member
88
Observations of delegation member
89
Notes of delegation member
, recording conversation with Lt. Col.
.
b6, b7C
90
b6
Notes of delegation member
, recording conversation with Lt. Col.
.
91
Notes of delegation member
, recording conversation with Lt. b6, b7C .
92
b6
Observations of delegation member
93
b6
Notes of delegation member
, recording conversation with Agent b6, b7C .
81

9

August 15, 2006

Board of Immigration Appeals prepared by the Department of Justice; Ballentine’s law dictionary; a
Spanish-English dictionary; a database of country reports and Amnesty International country reports; a
“how to” guide on legal research and writing; a list of non-profits related to immigration issues; resources
on criminal procedure and habeas practice; INS and DOJ opinions; and BIA and AAU decisions. 94
In some cases, the electronic materials contain information similar, but not identical, to the
resources on Attachment A. 95 In other cases, there did not appear to be an equivalent source available in
electronic format. 96 Some of the required materials from Attachment A that do not seem to have
equivalents in the electronic materials include: the Code of Federal Regulations; Guide for Immigration
Advocates; UNHCR Handbook on Procedures and Criteria for Determining Refugee Status;
Considerations for Asylum Officers Adjudicating Asylum Claims From Women; Immigration and
Naturalization Service Basic Law Manual; Lawyer’s Committee Handbook on Representing Asylum
Applicants; and Rights of Prisoners. 97 These materials are updated regularly by Agent b6, b7C 98 While
these electronic materials were available in the women’s housing unit, at the time of this visit these were
not available in the men’s housing unit. 99 Agent b6, b7C stated that these electronic resources are often
deleted by inmates. 100
The electronic materials available are somewhat difficult to navigate 101 and the print
resources that are available are spread between several libraries in the facility. 102 No list of holdings was
posted in either the main library or the housing unit libraries. 103 There is confusion over the extent of the
library holdings. By prominently displaying a list of the library’s printed and electronic materials in the
main and housing unit libraries, detainees will be better able to take advantage of the resources offered
and request materials that are not available.

5.

Photocopies

The Standards require facilities to ensure that detainees can obtain photocopies of legal material
for their legal proceedings. 104
HRRJ meets this section of the Standards. Detainees who wish to photocopy materials must
b6, b7C
stated that she had followed this
fill out a written request for photocopies. 105 Detainee
procedure to request photocopies in the past. 106

94

b6
Observations of delegation member
. Due to the difficulty of identifying some of the electronic
materials, this list may not be entirely accurate.
95
Observations of delegation member
.
96
b6
Observations of delegation member
.
97
Observations of delegation member
. There may also be others required materials that do not
have equivalents in electronic format, however due to the difficulty of identifying some of the electronic
resources, it was difficult to cross-reference these with Attachment A.
98
b6
Notes of delegation member
recording conversation with Agent b6, b7C .
99
b6
Observations of delegation member
.
100
b6
Notes of delegation member
, recording conversation with Agent b6, b7C .
101
b6
Delegation member
was unable to locate half of the materials available until assisted by Agent
b6, b7C .
102
Observation of delegation member
.
b6
103
Observation of delegation member
.
104
Detention Operations Manual, Detainee Services, Standard 1, Section III.I.

10

August 15, 2006

6.

Assistance for Detainees

The Standards require that facilities permit detainees to voluntarily assist other detainees
in legal research and writing. 107 They also provide that 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 Englishlanguage law books. 108
HRRJ apparently does not fully meet this section of the Standards: there does not appear to
be assistance for illiterate or non-English speaking detainees aside from assistance from other
detainees. Detainees are allowed to assist one another in legal research and writing, but there does not
seem to be any formal procedure in place for assisting illiterate or non-English speakers. 109 Apparently
some assistance is being given informally: when asked if assistance was available for non-English
b6, b7C
speakers, Detainee
stated that detainees always help one another. 110
7.

Notice to Detainees

The Standards require that detainees be provided with rules and procedures governing access to
legal materials in the detainee handbook. 111 This should include the fact that a law library is available for
detainee use, the hours of access, and the procedures for requesting additional time, for requesting
additional legal materials, and for notifying staff of missing or damaged materials. 112 These policies
should also be posted in the law library along with a list of the library’s holdings. 113
HRRJ does not fully meet this section of the Standards. The detainee handbook
mentions the law library and states that all detainees are offered a minimum of five hours per week of
access. 114 However, the handbook does not mention any of the procedures for requesting additional
time, requesting additional materials, or notifying staff of missing or damaged materials. 115 Neither
these policies, nor the list of the library’s holdings, were posted in either the main library or the housing
b6, b7C
unit libraries. 116 Detainee
was not aware that she could request time in the law library. 117
Some confusion over library policies could be remedied by including this information in the handbook
and by posting it in the housing unit.
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
105

Notes of delegation member
, recording conversation with Lt. b6, b7C .
b6
b6, b7C
Notes of delegation member
, recording conversation with detainee
.
107
Detention Operations Manual, Detainee Services, Standard 1, Section III.K.
108
Detention Operations Manual, Detainee Services, Standard 1, Section III.L.
109
Notes of delegation member
, recording conversation with detainee
.
b6
b6, b7C
110
Notes of delegation member
, recording conversation with detainee
.
111
Detention Operations Manual, Detainee Services, Standard 1, Section III.Q.
112
Detention Operations Manual, Detainee Services, Standard 1, Section III.Q.
113
Detention Operations Manual, Detainee Services, Standard 1, Section III.Q.
114
INS Addendum to HRRJ Inmate Handbook.
115
See HRRJ Inmate Handbook and INS Addendum to HRRJ Inmate Handbook.
116
b6
Observations of delegation member
in the main library, the library in the housing unit holding
the majority of male detainees, and the library in the women’s housing unit.
117
b6, b7C
b6
Notes of delegation member
, recording conversation with detainee
.
106

11

August 15, 2006

procedures, consistent with the security and orderly operation of each facility.” 118 Informational posters
are to be prominently displayed in the housing units at least forty-eight hours in advance of a scheduled
presentation. 119 While the presentations are open to all detainees, the facility “may limit the number of
detainees at a single session.” 120 “The facility shall select and provide an environment conducive to the
presentation, consistent with security.” 121 In addition, detainees shall have regular opportunities to view
an “INS-approved videotaped presentation on legal rights.” 122
HRRJ substantially meets this section of the Standards. While HRRJ administers these
group presentations within the spirit of the Standards (providing notice and access), they do not
follow some logistical provisions of the Standards. According to HRRJ personnel, there are no
restrictions on group rights presentations and they are open to all detainees. 123 The only organization that
provides these presentations is the Capital Area Immigrant Rights Coalition (“CAIR Coalition”), based in
Washington, D.C. 124 HRRJ administrators have an established relationship with the CAIR Coalition and
regularly schedule these presentation visits with them. 125 A CAIR Coalition representative typically visits
HRRJ once every month, and sometimes comes more often than that. 126 A few days prior to the
presentation, a guard in each housing unit makes an announcement regarding the presentation and gets
interested detainees to sign up to attend. 127 While the guards do notify the detainees in advance of the
presentation, it is not always with at least forty-eight hours notice as required by the Standards, and
sometimes this notice is under twenty-four hours. 128
No informational posters, required by the Standards are displayed in the housing units; the
detainees must rely on the verbal announcements from guards regarding presentation schedules. 129
Interviews with detainees confirmed that the guards have notified detainees of the presentation in the
past. 130 However, with HRRJ’s verbal notification process, it cannot be confirmed that the detainees
receive notification on a consistent basis.
HRRJ personnel indicated that the presentations take place either in the housing unit common
area, the recreation area, or the small library room within the housing unit. 131 The housing unit common
area is the most conducive to the presentation since there is adequate seating and lighting available.
While the housing unit common area provides an adequate space for the presentations, the small library
room is very small and has limited seating, and the recreation room is large but there is no additional
seating. 132 As a result, the presentation space used may not be consistently conducive to the presentation.

118

Detention Operations Manual, Detainee Services, Standard 9, Section I.
Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
120
Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
121
Detention Operations Manual, Detainee Services, Standard 9, Section III.E.
122
Detention Operations Manual, Detainee Services, Standard 9, Section III.I.
123
Notes of delegation member
, recording conversation with Lt. Col.
124
Notes of delegation member
, recording conversation with Lt. Col.
125
Notes of delegation member
, recording conversation with Lt. Col.
126
b6
Notes of delegation member
, recording conversation with Lt. Col.
127
Notes of delegation member
, recording conversation with Lt. Col.
128
Notes of delegation member
, recording conversation with Lt. Col.
129
Notes of delegation member
, recording conversation with Lt. Col.
b6
delegation member
.
130
b6, b7C
b6, b7C
Interviews of detainees
and
.
131
b6
Notes of delegation member
, recording conversation with Lt. Col.
132
b6
Observations of
.
119

12

b6, b7C

.
.
.
.
.
.
, and observation by

b6, b7C

.

August 15, 2006

Finally, the HRRJ personnel are not aware that the “Know Your Rights” video is shown to
detainees. 133
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. 134
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. 135 Special correspondence—which includes all written communication to or from attorneys,
legal representatives, judges, courts, government officials, and the news media—is treated differently. 136
Incoming special correspondence can be inspected for contraband only in the presence of the detainee, but
it can never be read or copied. 137 Outgoing special correspondence cannot be opened, inspected, or
read. 138 The Standards also require that facilities provide indigent detainees with free envelopes and
stamps for mail related to a legal matter, including correspondence to a legal representative, potential
representative, or any court. 139 Finally, the Standards require that facilities notify detainees of specific
information regarding correspondence policies. 140
HRRJ substantially meets this section of the Standards, although the Handbook indicates
that all outgoing mail is inspected, and that incoming and outgoing mail may be read by staff under
certain circumstances. According to the Inmate Handbook, incoming mail is to be opened and inspected
for contraband outside of the presence of the detainee and delivered within 24 hours of arrival. 141 Legal
correspondence is to be opened and inspected in the presence of the detainee. 142 The Inmate Handbook
states that all outgoing mail is inspected for contraband; there is no indication that outgoing legal mail
will not be inspected for contraband. 143 Both incoming and outgoing mail will be read by staff under
certain circumstances, when “there is a reasonable suspicion that a particular letter threatens the safety of
the facility, the safety of any person, or is being used for illegal activities.” 144 Indigent detainees are to be
provided “enough paper, stamps, and envelopes to send five (5) letters per week.” 145
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. 146 Every detainee should receive a copy

133

b6
Notes of delegation member
, recording conversation with Lt. Col. b6, b7C
Detention Operations Manual, Detainee Services, Standard 3, Section I.
135
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
136
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B, E. & F.
137
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
138
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & F.
139
Detention Operations Manual, Detainee Services, Standard 3, Section III.I.
140
Detention Operations Manual, Detainee Services, Standard 3, Section III.B.
141
HRRJ Inmate Handbook, p. 22.
142
HRRJ Inmate Handbook, p. 22.
143
HRRJ Inmate Handbook, pp.22-23.
144
HRRJ Inmate Handbook, p. 22.
145
HRRJ Inmate Handbook, p. 23.
146
Detention Operations Manual, Detainee Services, Standard 6, Section I.

134

13

August 15, 2006

of the handbook upon admission to the facility. 147 The handbook will be written in English and translated
into Spanish and other prevalent languages as appropriate. 148 The Officer in Charge will provide a copy
of the handbook to every staff member who has contact with detainees. 149
HRRJ does not fully meet this section of the Standards: the Inmate Handbook lacks
information regarding several legal access issues. HRRJ staff gave each delegation member a copy of
the Inmate Handbook, which includes a short “INS Inmates Addendum,” and indicated that all staff and
inmates/detainees are given a copy upon admission. 150 All detainees interviewed indicated that they
received a copy of the Inmate Handbook at admission. 151 Lt. b6, b7C showed us a printed copy of the
Inmate Handbook translated into Spanish. 152 The Inmate Handbook appears to provide a fair amount of
detail on the facility’s detention policies, rules and procedures. 153 Areas where the Inmate Handbook
conflicts with or does not provide information required by the Standards are identified in this report in
Sections III.A.2, Visitation by Family and Friends; III.B.4, Incoming Calls and Messages; III.B.5,
Telephone Privileges in Special Management Unit; III.C.7, Notice to Detainees; IV.A, Correspondence
and Other Mail; IV.K, Disciplinary Policy.
C. Recreation
The Standard on recreation requires facilities to provide detainees with “access to recreational
programs and activities, under conditions of security and supervision that protect their safety and
welfare.” 154 If outdoor recreation is available, the Standard stipulates that each detainee shall have access
for at least one hour daily, five days per week. 155 If no outdoor recreation is available, detainees should
be considered for transfer to a facility with outdoor recreation after six months. 156
HRRJ does not fully meet this section of the Standards: outdoor recreation is not provided.
HRRJ has recreation areas in each housing unit, and they are open for detainee use throughout the day,
except during meals and transitions from activities. 157 These recreation rooms contain a basketball court
and volleyball nets. 158 These closed recreation rooms have a single open window of approximately 10
feet by 10 feet, about 12 feet off the ground, covered by mesh wire. 159 According to Lt. Col. b6, b7C
b6, b7C , this large opening allows rain and snow to come into the room, and thus under American
Correctional Association standards qualifies as “outdoor.” 160 Lt. Col. b6, b7C acknowledged that this is

147

Detention Operations Manual, Detainee Services, Standard 6, Section I.
Detention Operations Manual, Detainee Services, Standard 6, Section III.E.
149
Detention Operations Manual, Detainee Services, Standard 6, Section III.H.
150
b6
Observation of delegation member
.
151
b6, b7C
b6, b7C
b6, b7C
Interviews with detainees b6, b7C , b6, b7C,
,
,
,
b6, b7C
.
152
Observation of delegation member
.
b6
153
Observation of delegation member
.
154
Detention Operations Manual, Detainee Services, Standard 13, Section I.
155
Detention Operations Manual, Detainee Services, Standard 13, Section I.
156
Detention Operations Manual, Detainee Services, Standard 13, Section III.C.1.
157
b6
Observation of delegation member
and notes of delegation member
recording conversation with Lt. Col. b6, b7C .
158
Observation of delegation member
.
b6
159
Observation of delegation member
.
160
b6
Notes of delegation member
, recording statements by Lt. Col. b6, b7C .
148

14

b6, b7C

b6

, and

August 15, 2006

hardly “outdoors.” 161 According to ICE Agent b6, b7C , there is no provision to transfer detainees to
facilities with a true outdoor recreation area per the Standards. 162
D. Access to Medical Care
The Standards require that all detainees have access to medical services that promote detainee
health and general well-being. 163 The Standards suggest that IGSA’s maintain current accreditation by the
National Commission on Correctional Health Care and strive for accreditation with the Joint Commission
on the Accreditation of Health Care Organizations. 164 All medical personnel are required to have a valid
professional licensure and/or certification. 165 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. 166 For a facility of more than 200 detainees, a minimum of five days per week is suggested. 167
Facilities must also have procedures in place to provide emergency medical care for detainees who
require it. 168 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. 169 The Standards require that adequate space and
equipment be furnished in all facilities so that all detainees can be provided basic health examinations and
treatment in private. 170
HRRJ appears to substantially meet this portion of the Standards; however there appear to
be delays in responding to non-emergency sick call requests. HRRJ has a medical facility with a
waiting area, multiple private examination rooms, on-site dialysis services, dental treatment facilities, and
a room for taking and developing x-rays. 171 The facility employs one full-time physician, 32 full-time
equivalent nurses, and several mental health professionals. 172
Nursing staff are available to treat minor medical complaints and determine whether the detainee
needs to be examined by a doctor or other medical professional. 173 Psychiatrists and psychiatric social
workers are on call for mental health needs at HRRJ. 174
All detainees at HRRJ are screened for medical issues upon their initial processing. 175 Each
detainee is questioned regarding prior health history, current health, medical history, suicide risk, mental
health, drug and/or alcohol dependence, and TB. 176 Detainees who are initially flagged as having some

161

Notes of delegation member
, recording statements by Lt. Col. b6, b7C
b6
Notes of delegation member
, recording statements by Agent b6, b7C .
163
Detention Operations Manual, Health Services, Standard 2, Section I.
164
Detention Operations Manual, Health Services, Standard 2, Section I.
165
Detention Operations Manual, Health Services, Standard 2, Section III.C.
166
Detention Operations Manual, Health Services, Standard 2, Section III.F.
167
Detention Operations Manual, Health Services, Standard 2, Section I.
168
Detention Operations Manual, Health Services, Standard 2, Section III.A, D, and G.
169
Detention Operations Manual, Health Services, Standard 2, Section III.H.
170
Detention Operations Manual, Health Services, Standard 3, Section III.B.
171
b6
Observation of delegation member
.
172
b6
Notes of delegation member
, recording conversations with Lt. Col. b6, b7C .
173
HRRJ Inmate Handbook, p. 20.
174
b6
Notes of delegation member
, recording conversations with Lt. Col. b6, b7C .
175
HRRJ Inmate Handbook, p. 4.
176
b6
Notes of delegation member
, recording conversations with Lt. Col. b6, b7C
162

15

August 15, 2006

mental health issue, including suicidal tendencies, may be kept separately and monitored closely by the
staff. 177 Hampton Roads has designated facilities for individuals having mental health issues. 178
For non-English-speaking detainees, HRRJ uses bilingual officers and telephone services,
including the AT&T Language Line, to provide translation services. 179 The HRRJ Inmate Handbook
states that “[m]edical services will ensure that deaf and/or hearing-impaired inmates are afforded effective
communications during medical appointments and evaluations. 180
The HRRJ Inmate Handbook states that “[m]edication call is normally scheduled three times
daily.” 181 The facility provides additional medication to detainees as approved by the jail’s physician.
Over-the-counter medications are available through the commissary, and can be ordered as part of the
commissary order. The medications are not delivered by detainees and are kept secured in a pharmacy. 182
HRRJ has sick call five days a week, as suggested in the Standards. To see a nurse or doctor an
inmate/detainee may submit a Medical Request Form. 183 While the Inmate Handbook states that “[a]
member of the medical staff at the next regularly scheduled sick call will see you” following the
submission of a Medical Request Form, detainees complained of delays of several months before seeing a
medical professional for non-emergency care. 184 While HRRJ charges a fee for non-ICE detainees, the
INS Inmates Addendum to HRRJ Inmate Handbook states that “INS Prisoners will not pay any fee for
health care services.” 185
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 a number of services, including emergency dental
treatment and repair of prosthetic appliances. 186 For detainees who are held in detention for more than six
months, routine dental treatment may be provided, including amalgam and composite restorations,
prophylaxis, root canals, extractions, x-rays, the repair and adjustment of prosthetic appliances and other
procedures required to maintain the detainee’s health. 187
HRRJ does not provide a range of dental treatments to detainees held more than six
months, which is optional under the Standards. HRRJ has a dental care facility on-site. 188 According
to the Inmate Handbook, inmates are not provided with dentures, crowns, caps, root canals, fillings, or
other dental treatments unless the dental problems indicate a serious risk to the inmate’s health. 189 The

177

HRRJ Inmate Handbook, p. 8.
Notes of delegation member
recording conversations with Lt. Col. b6, b7C .
b6
179
Notes of delegation member
recording conversations with ICE Agent b6, b7C and Lt. Col.
180
HRRJ Inmate Handbook, p. 20.
181
HRRJ Inmate Handbook, p. 20.
182
b6, b7C
HRRJ Inmate Handbook, p. 20; observation of delegation member
.
183
HRRJ Inmate Handbook, p. 20.
184
HRRJ Inmate Handbook, p. 20; interview of detainee b6, b7C .
185
INS Addendum to HRRJ Inmate Handbook.
186
Detention Operations Manual, Health Services, Standard 2, Section III.E.
187
Detention Operations Manual, Health Services, Standard 2, Section III.E.
188
b6
Observation of delegation member
.
189
HRRJ Inmate Handbook, p. 20.
178

16

b6, b7C

.

August 15, 2006

INS Inmates Addendum to HRRJ Inmate Handbook does not indicate that any exception to this policy
exists for INS detainees. 190
F. Detainee Classification System
The Standards require that detention facilities use a classification system and physically separate
detainees in different categories. 191 Detainees must be assigned to the least restrictive housing unit
consistent with facility safety and security. 192 A detainee’s classification is to be determined on
“objective” criteria, including criminal offenses, escape attempts, institutional disciplinary history, violent
incidents, etc. 193 Opinions, unconfirmed and unverified information, and physical characteristics and
appearance are not to be taken into account. 194 Classification is required in order to separate detainees
with no or minimal criminal records from inmates with serious criminal records. 195 Detainees with a
history of assaultive or combative behavior are not to be housed with non-assaultive detainees. 196
All facility classification systems shall allow classification levels to be re-determined and include
procedures by which new arrivals can appeal their classification levels. 197 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. 198
HRRJ substantially meets this section of the Standards; however, it does not separate
women according to classification level. All detainees and inmates are classified when they first arrive
at HRRJ, 199 using a single classification process for both criminal inmates and immigration detainees that
is similar to that of the U.S. Department of Justice National Institute of Corrections Objective Jail
Classification System. 200 The classification process is known as intake; new detainees and inmates are
placed in a holding area pending classification. 201
HRRJ separates inmates into three separate security classes: minimum, medium, and maximum
security. 202 This classification is determined by reviewing the detainee’s past criminal record, past record
of behavior in other detention facilities/jails, and any other documented incidences of violence and
applying this data to an objective set of criteria. 203 There is no commingling of male minimum and
maximum security inmates/detainees. There are also additional subject-related classifications of

190

INS Addendum to HRRJ Inmate Handbook.
Detention Operations Manual, Detainee Services, Standard 4, Section I.
192
Detention Operations Manual, Detainee Services, Standard 4, Section III.F.
193
Detention Operations Manual, Detainee Services, Standard 4, Section III.D.
194
Detention Operations Manual, Detainee Services, Standard 4, Section III.D.
195
Detention Operations Manual, Detainee Services, Standard 4, Sections III.E &F.
196
Detention Operations Manual, Detainee Services, Standard 4, Section III.F.
197
Detention Operations Manual, Detainee Services, Standard 4, Sections III.G & H.
198
Detention Operations Manual, Detainee Services, Standard 4, Section III.I.
199
b6
HRRJ Inmate Handbook, pp. 7-9; notes of delegation member
, recording conversations with Lt.
b6, b7C and Admissions Director b6, b7C .
200
b6
Notes of delegation member
, recording conversations with Lt. b6, b7C and Admissions Director
b6, b7C See attached Objective Jail Classification Systems: A Guide for Jail Administrators, U.S. Dept. of
Justice.
201
Notes of delegation member
, recording conversation with Lt. b6, b7C .
202
b6
Notes of delegation member
, recording conversation with Admissions Director b6, b7C .
203
Notes of delegation member
, recording conversation with Admissions Director
.
191

17

August 15, 2006

infirmary, medical, disciplinary, worker, and immigration detainee (minimum security). 204 During our
visit, all of the men detained at HRRJ were classified as “minimum security immigration detainees” and
were housed in a single male immigration detainee housing unit. 205 HRRJ personnel explained that
typically immigration detainees are classified as minimum security, as they usually do not have sufficient
criminal or violent backgrounds to warrant a stricter classification. 206 However, in the event that an
immigration detainee is classified as maximum security, he would be housed with the other maximum
security jail inmates and separated from the minimum security immigration detainees. 207
Women are classified under the same system. 208 However, because of constrained space at the
facility, all women inmates and detainees are housed in a single female housing unit. 209 Moreover, unlike
the detained men who have their own “immigration detainee” housing unit, the detained women are
housed among the general female inmate population. This is not a per se violation of the Standards;
nevertheless, it would be optimal for detained women, particularly those with no criminal record, to be
housed separately from the general female inmate population.
The Inmate Handbook outlines the criteria for the classification system and provides the
procedure to appeal the classification status, in accordance with the Standards. 210
G. Detainee Grievance Procedures
The Standards require that every facility develop and implement standard procedures for
handling detainee grievances and encourage that the facility initially seek to resolve grievances informally
before having to engage in a more formalized procedure. 211 Translating assistance for both formal and
informal grievances must be provided upon request. 212 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.” 213 All grievances must
receive supervisory review, include guarantees against reprisal, and allow for appeals. 214
HRRJ substantially meets this section of the Standards, although it is unclear whether
translation assistance is available, and whether all grievances receive a response. According to the
HRRJ Inmate Handbook, detainees should first attempt to resolve grievances verbally through an
informal process with their housing unit manager. 215 If this does not resolve the situation to the
detainee’s satisfaction, they may request an Inmate Grievance Form. 216 The detainee must then fill out
the form and return it addressed to the Unit Manager. 217 Though the Inmate Handbook does not explicitly
204

Notes of delegation member
, recording conversation with Admissions Director
.
Notes of delegation member
,
recording
conversation
with
Admissions
Director
.
b6
b6, b7C
206
Notes of delegation member
, recording conversation with Admissions Director
.
207
Notes of delegation member
, recording conversation with Admissions Director
.
208
b6
Observations of delegation member
.
209
b6
Notes of delegation member
, recording conversation with Lt. Col. b6, b7C , and observations of
b6
delegation member
.
210
HRRJ Inmate Handbook, pp. 7-9.
211
Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.A.
212
Detention Operations Manual, Detainee Services, Standard 5, Sections III.A.1 & 2.
213
Detention Operations Manual, Detainee Services, Standard 5, Section I.
214
Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.C & D.
215
HRRJ Inmate Handbook, p. 29.
216
HRRJ Inmate Handbook, p. 29.
217
HRRJ Inmate Handbook, p. 29.
205

18

August 15, 2006

require the informal process, the HRRJ internal Policies and Procedures for staff state that the only after
an inmate has “exhausted all efforts at informally resolving a grievance” may they request an Inmate
Grievance Form. 218 The Inmate Handbook is silent on whether or not translation services are provided for
formal and informal complaints.
In each of the housing units where detainees are held, there are boxes mounted on the wall of the
common area where grievance forms can be deposited by detainees. 219 Once an Inmate Grievance Form
as been submitted, the Unit Manager is responsible for investigating and resolving the detainee
grievance. 220 The Inmate Handbook requires that the Unit Manager investigate and respond in writing to
the detainee grievance within nine (9) working days, which is provided in the form of a response
containing the reason for the decision. 221
HRRJ provides two levels of appeal for detainee grievances. The initial decision by the Unit
Manager may be appealed within three (3) days of the receipt of the decision and is reviewed by a
Captain on the HRRJ staff. 222 If the response to this appeal is not satisfactory, the detainee may appeal
that decision to the Superintendent within five (5) days of receipt. 223 The Inmate Handbook also
guarantees that detainees will not be “punished or subject to reprisal” due to the submission of a
grievance. 224
One detainee whom the delegation interviewed stated that he had submitted several grievances,
but had only received responses to some of his requests. 225
H. Staff-Detainee Communication/ICE Presence at the Facility
A certain level of contact between ICE staff and the staff at a detention facility is necessary to
ensure proper oversight of detention conditions. The Standards suggest both weekly ICE visits as well as
unscheduled visits. 226 In particular, the ICE Field Office Director “shall devise a written schedule and
procedure for weekly detainee visits by District ICE deportation staff.” 227 The Standards also
recommend that detainees shall have the opportunity to submit written questions, notes or requests to ICE
officials. 228
ICE does not fully meet this section of the Standards: ICE staff visits to the facility occur
erratically, and detainees stated that ICE can be unresponsive to their concerns. ICE does not have
a schedule for visits to HRRJ. 229 HRRJ staff noted that ICE is not present as much as they would like; a
request for a full-time ICE person on staff to assist with the daily population of nearly 100 detainees has
been denied. 230 ICE has assigned only one agent to HRRJ, Agent Mojica, who has a number of other
responsibilities, including visiting other facilities in Virginia and escorting detainees to ICE offices in
218

HRRJ Policies and Procedures 15.4, p. 3.
b6
Observations of delegation member
.
220
HRRJ Inmate Handbook, p. 29.
221
HRRJ Inmate Handbook, p. 29.
222
HRRJ Inmate Handbook, p. 30; HRRJ Policies and Procedures 15.4, p. 5.
223
HRRJ Inmate Handbook, p. 30; HRRJ Policies and Procedures 15.4, p. 5.
224
HRRJ Inmate Handbook, p. 30.
225
b6, b7C
Interview of detainee
.
226
Detention Operations Manual, Detainee Services, Standard 15, Section III.A.
227
Detention Operations Manual, Detainee Services, Standard 15, Section III.A.
228
Detention Operations Manual, Detainee Services, Standard 15, Section III.A.
229
b6
Observations of delegation member
.
230
b6
Notes of delegation member
, recording conversation with Superintendent
219

19

b6, b7C

.

August 15, 2006

Arlington and also back to their home countries, which takes him away sometimes for an entire week. 231
HRRJ staff confirmed that Agent b6, b7C schedule at HRRJ is erratic; he is sometimes there every day,
and then absent for long periods. 2 Detainees mentioned to us that ICE can be unresponsive to their
concerns. 233
I.

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. 234 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.” 235 Moreover, a
facility’s staff shall make “all reasonable efforts to accommodate” special food services required by a
detainee’s particular religion. 236 Detainees in confinement must also be permitted to participate in
religious practices, consistent with the safety, security, and orderly operation of the facility. 237
HRRJ meets this section of the Standards. HRRJ provides reasonable opportunities for
detainees to practice their faith. HRRJ personnel coordinate with a variety of religious organizations of
different faiths that regularly visit the inmate/detainee population. 238 Moreover, HRRJ allows detainees
to possess religious materials such as the Bible or Koran. 239 HRRJ also provides special accommodations
for religious practice, including Kosher meals and Ramadan meal services. 240 Interviews with detainees
indicated that the detainees were provided adequate opportunity and resources to practice their faith. 241
J. 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.” 242 Participation must be voluntary,
and detainees may not work more than eight hours per day, and 40 hours per week. 243
HRRJ does not fully meet this section of the Standards; detainees are unable to earn money
for their work. Detainees are provided an opportunity to work in the facility should they choose to do

231

b6
Notes of delegation member
, recording conversation with Superintendent b6, b7C ; notes of
b6
delegation member
, recording conversation with Agent b6, b7C .
232
Notes of delegation member
, recording conversation with Superintendent b6, b7C .
b6
233
b6, b7C
Notes of delegation member
, recording interviews of detainees
and b6, b7C
b6, b7C
.
234
Detention Operations Manual, Detainee Services, Standard 14, Section I.
235
Detention Operations Manual, Detainee Services, Standard 14, Section I.
236
Detention Operations Manual, Detainee Services, Standard 14, Section III.M.
237
Detention Operations Manual, Detainee Services, Standard 14, Section III.O.
238
b6
Notes of delegation member
, recording conversation with Lt. Col. b6, b7C .
239
HRRJ Inmate Handbook, p. 5.
240
b6
Notes of delegation member
, recording conversation with Lt. Col. b6, b7C .
241
b6, b7C
b6, b7C
Interviews of detainees
and
.
242
Detention Operations Manual, Detainee Services, Standard 37, Sections I & III.A.
243
Detention Operations Manual, Detainee Services, Standard 37, Sections III.A & H.

20

August 15, 2006

so. 244 However, detainees are not compensated for their work. 245 Detainees may work in the laundry
room and the kitchen, or serve as a facility maintenance worker. 246
K. 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.” 247 Each facility holding ICE detainees must have a detainee disciplinary
system which has “progressive levels of reviews, appeals, procedures, and documentation procedures.” 248
Any disciplinary action taken must not be capricious or retaliatory and 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.” 249 In addition, the Standards provide that all
incident reports filed by officers must be investigated within twenty-four hours of the incident. 250 An
intermediate level of investigation or adjudication must be established to adjudicate low or moderate
infractions. 251
HRRJ substantially meets this section of the Standards; however, the Inmate Handbook
lacks certain important information. No detainees we interviewed had experience with the disciplinary
system, but the HRRJ Inmate Handbook has a well developed set of disciplinary procedures that are
applied in the same manner to both inmates as well as detainees. 252 Disciplinary infractions are divided
between minor and major infractions depending on the offense and the severity of the offense. 253 Minor
violations may be dealt with informally by the security staff through a verbal warning, reprimand,
counseling, or up to a 48 hour cell restriction. 254 Inmates may choose to proceed to a hearing process, but
the possible punishment increases to a maximum of thirty days cell restriction or disciplinary
segregation. 255 For all major violations as well as minor violations referred to a Disciplinary Hearing, a
Disciplinary report will be filed against the detainee. 256 The Shift Supervisor or Unit Manager is required
to make an investigation of all Disciplinary Reports within 24 hours of the time the violation is
reported. 257 The Disciplinary Report is served to the detainee within 24 hours prior to the Disciplinary
Hearing which is held within 7 days from the date of the incident. 258 A Hearing Officer not directly
involved in the incident conducts the Disciplinary Hearing, where detainees may make a statement,
request witnesses, present evidence, and be assisted by a staff member or other inmate in presenting their
244

b6
HRRJ Inmate Handbook, pp. 27-28; notes of delegation member
, recording conversation with Lt.
Col. b6, b7C .
245
b6
HRRJ Inmate Handbook, pp. 27-28; notes of delegation member
, recording conversation with Lt.
b6,
b7C
Col.
Inmates receive reduced time in jail for their work, but the time reduction does not apply to
detainees.
246
HRRJ Inmate Handbook, pp. 27-28.
247
Detention Operations Manual, Security and Control, Standard 5, Section I.
248
Detention Operations Manual, Security and Control, Standard 5, Section III.A.1.
249
Detention Operations Manual, Security and Control, Standard 5, Sections III.A.2 and III.A.3.
250
Detention Operations Manual, Security and Control, Standard 5, Section III.B. and III.C.
251
Detention Operations Manual, Security and Control, Standard 5, Section III.C.
252
b6
Notes of delegation member
, recording conversation with Lt. Col. b6, b7C
253
HRRJ Inmate Handbook, p. 14.
254
HRRJ Inmate Handbook, p. 18.
255
HRRJ Inmate Handbook, p. 18.
256
HRRJ Inmate Handbook, p. 18.
257
HRRJ Policies and Procedures 10.30, p. 7.
258
HRRJ Inmate Handbook, p. 19.

21

August 15, 2006

defense. 259 A written decision of the punishment imposed is provided to the detainee, which can be
appealed first to a Captain or designee who will review the appeal within 5 days. 260 If the response is not
satisfactory to the detainee, they may appeal to the Superintendent who will review the decision and
provide a final decision in writing. 261
The Inmate Handbook contains a detailed description of the disciplinary process, the specific
rules of conduct divided into Major and Minor violations, and the process for appealing the result of a
Disciplinary Hearing. 262 The Handbook also informs detainees that they may not be punished through: 1)
restriction of food or meals, 2) any form of corporal punishment, 3) deprivation of clothing, bedding or
necessary personal items, 4) the use of restraints as punishment, 5) the restriction of mail privileges, or 6)
the restriction of attorney visits or contacts. 263 However, the handbook does not state that detainees may
not be deprived of physical exercise unless such activity causes an unsafe condition, as is required in the
Standards. 264 The Handbook also did not inform detainees of their “right of freedom from discrimination
based on race, religion, national origin, sex, handicap, or political beliefs.” 265
V. CONCLUSION
HRRJ meets many of the ICE Detention Standards but fails to meet a number of specific
provisions. We have the following recommendations:


To facilitate personal visitation, HRRJ should allow for longer and more flexible visiting
hours, including on weekends and holidays when most family members and friends have
the time and opportunity to make such visits.



To provide adequate telephone access to detainees on legal matters, HRRJ should
reposition the telephones or provide additional telephone access to ensure detainees have
privacy on calls pertaining to legal matters. HRRJ should take incoming phone messages
from attorneys and relay them to their client/detainee. HRRJ should provide the same
telephone privileges to detainees in a Special Management Unit as it does to all other
detainees.



To support the detainee’s access to legal materials and legal representation, HRRJ should
acquire all of the printed materials listed in Attachment A to the chapter on Access to
Legal Materials in the Standards. Also, HRRJ should ensure that all electronic versions
of legal materials are current and actually accessible from the computer terminals in both
the male and female housing units. A list of printed and electronic resources should be
posted in the main library or housing units to ensure that detainees know what resources
are easily available to them. HRRJ should also revise the Inmate Handbook to include
information on how to request additional materials or notify staff of missing or damaged
materials.

259

HRRJ Inmate Handbook, p. 19.
HRRJ Inmate Handbook, p. 19.
261
HRRJ Inmate Handbook, p. 19.
262
HRRJ Inmate Handbook, p. 14.
263
HRRJ Inmate Handbook, p. 18.
264
Detention Operations Manual, Security and Control, Standard 5, Sections III.A.2 and III.A.3.
265
Detention Operations Manual, Security and Control, Standard 5, Sections III.A.5.a and III.A.5.b.
260

22

August 15, 2006



To support the detainee’s access and participation in group presentations on legal rights,
HRRJ should provide at least 48 hours notice of such presentations and post the
information on the bulletin board in each housing unit. HRRJ should also designate a
dedicated space conducive to these presentations, and allow the detainees to have
reasonable access to view the ICE approved “Know Your Rights” video.



The Inmate Handbook should be revised to indicate that special correspondence may not
be read or copied by facility staff, and that outgoing special correspondence may not be
opened, inspected, or read.



The Inmate Handbook should be revised to accurately reflect the requirements of the
Standards.



To support the detainee’s access to medical care, HRRJ should ensure there are no delays
in responding to non-emergency sick call requests. Also, to support detainee’s access to
dental care, HRRJ should provide routine dental treatment (including dentures, crowns,
caps, root canals, and fillings among others) to detainees held more than six months.



Finally, to support the detainee’s access to ICE staff and ensure adequate ICE oversight
over the facility, ICE should provide staff to make weekly scheduled and unscheduled
visits to HRRJ.

23

, and

b6

b6

b6

b6

b6

b6

Facility Name: Hampton Roads Regional Jail, Portsmouth, Virginia
Date of Tour: July 25, 2006
Tour Participants: Latham & Watkins LLP attorneys and summer associates
,
,
,
,
.
*Standards are Detainee Services Standards unless otherwise indicated. Issues are generally listed in the order in which they appear in the Report.
Report comments in bold are priority issues for ICE-ABA discussion; others are issues of concern to discuss if time permits.
b6

1.

Source

Standard 17, Visitation
 I. To maintain detainee morale and family relationships,
INS encourages visits from family and friends.
 III.B. Notification. The facility shall provide written
notification of visitation rules and hours in the detainee
handbook …. The facility shall also post these rules and
hours where detainees can easily see them.
 III.H. Visits shall be permitted during set hours on
Saturdays, Sundays, and holidays.… The facility’s written
rules shall specify time limits for visits: 30 minutes
minimum, under normal conditions.
Standard 16, Telephone Access
 I. Facilities holding INS detainees shall permit them to
have reasonable and equitable access to telephones.
Standard 16, Telephone Access
 III.J. The facility shall ensure privacy for detainees’
telephone calls regarding legal matters. For this
purpose, the facility shall provide a reasonable number
of telephones on which detainees can make such calls
without being overheard by officers, other staff or
other detainees. Facility staff shall not electronically
monitor detainee telephone calls on their legal matters,
absent a court order.



There are no family visiting hours on weekends or
holidays. (p.3 ¶¶3,4)
HRRJ provides for 20 minute visits, although
visits may be extended at the discretion of
supervisors if a detainee’s visitors face a
particular hardship. (p.3 ¶4)

HRRJ Inmate
Visiting Schedule;
HRRJ Inmate
Handbook.

Telephone calls are very expensive: they may be
more than $20.00 for a 15 minute call. (p.5 ¶3)

Detainees
and



ICE Response

HRRJ Inmate
Handbook; Lt. Col.
.

b6, b7C

b6, b7C

b6, b7C
b6, b7C

b6, b7C

HRRJ Inmate
Handbook; Lt. Col.
.
b6, b7C

b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

.

Delegation
observations;
Officer
, Lt.
Col.
, and
ICE Agent
;
detainees
,
and
.
b6, b7C

b6, b7C



All telephones are in the middle of the housing
units, located within two feet of another phone
and near tables where detainees congregate.
Officers indicated that they would allow
detainees to use private areas if requested;
however, this is not a policy and does not
appear to be known to the detainees. (p.5 ¶5)
Lt. Col.
said that HRRJ does not
record detainee calls that use the free, preprogrammed codes to call consulates, legal
service providers, and select attorneys,
however, detainee phone calls are generally
recorded. Lt. Col
said that recordings
aren’t listened to though.. (p.5 ¶6)

b6, b7C



b6, b7C



b6, b7C

3.

Delegation Report

b6, b7C

2.

ICE Standard*

2/19/2009
1

4.

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





The HRRJ Inmate Handbook states: “You are
not allowed to receive incoming phone calls.
Only messages of an emergency nature will be
taken for you.” (p.6 ¶3)
In general, HRRJ does not accept incoming
phone calls and messages for detainees, even
from attorneys. However, in situations where
an attorney is urgently seeking to make
telephone contact with a client, Lt. Col.
says he will arrange for the phone contact. (p.6
¶3)
There is no computer in the main law library
and only one computer in each housing unit
that is shared by 80-100 detainees. (p.8 ¶4)
In the housing unit inhabited by the majority
of HRRJ’s male detainees, the printer was not
working and the program containing many of
the electronic legal materials would not open.
(p.8 ¶4)
The law library does not contain all of the
materials listed in Attachment A. (p.9 ¶3)
Housing units contain some additional
materials in print and on computers, but it is
not clear what materials are available, and no
list is posted. (p.9 ¶4, p.10 ¶3)
Of the Attachment A materials on computers,
the men’s housing unit appears to be missing
the following: the Code of Federal
Regulations; Guide for Immigration
Advocates; UNHCR Handbook on Procedures
and Criteria for Determining Refugee Status;
Considerations for Asylum Officers
Adjudicating Asylum Claims From Women;
Immigration and Naturalization Service Basic
Law Manual; Lawyer’s Committee Handbook
on Representing Asylum Applicants; and
Rights of Prisoners. (p.10 ¶2)

HRRJ Inmate
Handbook.

Lt. Col.

b6, b7C

6.



.

b6, b7C

5.

Standard 16, Telephone Access
 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. The detainee shall be permitted to return the
emergency call as soon as reasonably possible within
the constraints of security and safety.



ABA Commission on Immigration - Detention Standards Implementation Initiative

Delegation
observations.

Delegation
observations;
detainee

b6, b7C



Delegation
observations.

.

Delegation
observations.

2/19/2009
2

b6, b7C

Standard 1, Access to Legal Material
 III.L. Unrepresented illiterate or non-English speaking
detainees who wish to pursue a legal claim … and
indicate difficulty with the legal materials must be
provided with more than access to a set of Englishlanguage law books.
8. Standard 1, Access to Legal Material
 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 …; 5.
the procedure for requesting legal reference materials
not maintained in the library; and 6. the procedure for
notifying a designated employee that library material
is missing or damaged.
9. Standard 9, Group Presentations on Legal Rights
 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.
10. Standard 3, Correspondence and Other Mail
 III.E.2. Staff shall neither read nor copy special
correspondence.
 III.F. Outgoing special correspondence will not be
opened, inspected, or read.



There does not seem to be any formal procedure
in place for assisting illiterate or non-English
speakers. It appears that the only assistance
available is help from other detainees. (p.11 ¶2)

Detainee



HRRJ Inmate
Handbook.

11. Standard 6, Detainee Handbook
 I. Every OIC will develop a site-specific detainee
handbook to serve as an overview of … the detention
policies, rules, and procedures in effect at the facility. The
handbook will also describe the services, programs, and
opportunities available …. Every detainee will receive a
copy of this handbook upon admission to the facility.



HRRJ handbook does not mention any of the
procedures for requesting additional time,
requesting additional materials, or notifying
staff of missing or damaged materials. (p.11
¶4)
These policies were not posted in either the
main library or the housing unit libraries.
Detainees seemed unaware that they could
request time in the law library. (p.11 ¶4)
The guards notify detainees in advance of the
presentation, although not always with at least
forty-eight hours notice. (p.12 ¶2) Also, there are
no informational posters in the housing units to
notify detainees of the visits, so they must rely
solely upon the verbal notification. (p.12 ¶3)
The Inmate Handbook states that all outgoing
mail is inspected for contraband; there is no
indication that outgoing legal mail will not be
inspected for contraband. (p.13 ¶3)
Incoming and outgoing mail may be read by
staff when “there is a reasonable suspicion that
a particular letter threatens the safety of the
facility, the safety of any person, or is being
used for illegal activities.” (p.13 ¶3)
There are several areas where the Inmate
Handbook conflicts with or does not provide
information required by the Standards, identified
in the report in Sections III.A.2, Visitation by
Family and Friends; III.B.4, Incoming Calls and
Messages; III.B.5, Telephone Privileges in
Special Management Unit; III.C.7, Notice to
Detainees; IV.A, Correspondence and Other Mail;
IV.K, Disciplinary Policy. (p.14 ¶2)

7.





ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C



b6, b7C



Delegation
observations;
Detainee
.
Lt. Col.
delegation
observations.

;

HRRJ Inmate
Handbook

HRRJ Inmate
Handbook

HRRJ Inmate
Handbook

2/19/2009
3

Delegation
observations;
Lt. Col.
.



While the Inmate Handbook states that “[a]
member of the medical staff at the next regularly
scheduled sick call will see you” following the
submission of a Medical Request Form, detainees
complained of delays of several months before
seeing a medical professional for non-emergency
care. (p.16 ¶4)
Because of constrained space at the facility, all
women inmates and detainees are housed in a
single female housing unit. (p.18 ¶2)

HRRJ Inmate
Handbook; detainee
.



The Inmate Handbook does not state whether or
not translation services are provided for formal
and informal complaints. (p.19 ¶1)

HRRJ Inmate
Handbook.



One detainee stated that he had submitted several
grievances, but had only received responses to
some of his requests. (p.19 ¶4)

Detainee

Lt. Col.
delegation
observations.

,

b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C



b6, b7C

HRRJ does not have outdoor recreation. Rather,
each housing unit has one recreation room with
an open window of approximately 10 feet by 10
feet. Lt. Col.
stated that recreation there
qualifies as “outdoors” under ACA standards.
There is no provision to transfer detainees to
facilities with a true outdoor recreation area. (p.14
¶4)

b6, b7C

14. Standard 4, Detainee Classification System
 III.F. The classification system shall assign detainees to
the least restrictive housing unit consistent with facility
safety and security.… By grouping detainees with
comparable records together, … the system reduces
noncriminal and nonviolent detainees’ exposure to
physical and psychological danger.
15. Standard 5, Detainee Grievance Procedures
 III.A.1. Informal/Oral Grievance. … Translating
assistance shall be provided upon request.
 III.A.2. Formal/Written Grievance. … Illiterate, disabled,
or non-English speaking detainees shall be given the
opportunity to receive additional assistance upon request.
16. Standard 5, Detainee Grievance Procedures
 I. Every facility will develop and implement standard
operating procedures (SOP) that address detainee
grievances. … [E]ach SOP must establish a reasonable
time limit for: … (iii) providing written responses to
detainees who filed formal grievances.



b6, b7C

12. Standard 13, Recreation
 III.B.1. If outdoor recreation is available at the facility,
each detainee shall have access for at least one hour daily,
at a reasonable time of day, five days a week, weather
permitting.
 III.B.2. If only indoor recreation is available, detainees
shall have access for at least one hour each day and shall
have access to natural light.
 III.C.1. The case officer shall review the case of any
detainee without the required access to outdoor recreation
for a period of six months … [to] determine the detainee’s
eligibility to transfer to a facility where the required
outdoor recreation is available.
13. Health Services Standard 2, Medical Care
 I. All detainees shall have access to medical services that
promote detainee health and general well-being.
 III.A. Every facility will provide its detainee population
with initial medical screening, cost-effective primary
medical care, and emergency care.

2/19/2009
4




Detainees are not compensated for their work.
(p.21 ¶1)

HRRJ Inmate
Handbook; Lt. Col.
.

b6, b7C

Detainees

and

b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

Superintendent
; Agent

b6, b7C



Delegation
observations;
Superintendent
.
b6, b7C
b6, b7C



ICE does not have a schedule for visits to HRRJ.
HRRJ staff stated that ICE is not present as much
as they would like. (p.19 ¶6)
ICE has assigned one agent to HRRJ, who has a
number of other responsibilities which make his
schedule at HRRJ erratic. He is sometimes there
every day, and then absent for long periods. (p.19
¶6)
Detainees stated that ICE could be unresponsive
to their concerns. (p.20 ¶1)

b6, b7C

17. Standard 15, Staff-Detainee Communication.
 III.A.1. Policy and procedures shall be in place to ensure
and document that the ICE Officer in Charge (OIC), the
[AOIC] and designated department heads conduct regular
unannounced (not scheduled) visits to the facility’s living
and activity areas ….
 III.A.2.b. The ICE Field Office Director shall devise a
written schedule and procedure for weekly detainee visits
by District ICE deportation staff.
 III.B. All detainees shall have the opportunity to submit
written questions, requests, or concerns to ICE staff.
 III.B.1. The detainee requests shall be forwarded to the
ICE office of jurisdiction within 72 hours and answered as
soon as possible and practicable, but not later than within
72 hours from receiving the request.
18. Standard 18, Voluntary Work Program
 I. Every facility with a work program will provide
detainees the opportunity to work and earn money.

2/19/2009
5