INS Detention Standards Compliance Audit - Hampton Roads Regional Jail, Portsmouth, VA, 2007

INS Detention Standards Compliance Audit - Hampton Roads Regional Jail, Portsmouth, VA, 2007

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

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555 Eleventh Street, N.W., Suite 1000
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FIRM / AFFILIATE OFFICES
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MEMORANDUM

Moscow

Tokyo

October 29, 2007

Munich

Washington, D.C.

To:
From:
Copies to:
Subject:

Gary E. Mead, Director, Office of Detention and Removal, Immigration and
Customs Enforcement
American Bar Association Delegation to Hampton Roads Regional Jail1
b6
ABA Commission on Immigration
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 31,
2007 visit to the facility. The information was gathered via observation of the facility by the
delegation, interviews with five detainees, and discussions with HRRJ 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

The delegation was co
Watkins LLP, including

eys and summer associates from the Washington, DC office of Latham &
b6
b6
b6
b6
and b6

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

has discretion to promulgate polices and practices affording ICE detainees more enhanced rights
and protections, beyond those provided for by the Standards.
II.

INTRODUCTION
A.

The Delegation’s Visit, July 31, 2007

On Monday, July 31, 2007, the members of our delegation met with several members of HRRJ
b6, b7c
staff. Assistant Superintendent Lieutenant Col.
led our delegation on a tour of the
facility. The delegation also met with other HR
long the tour: Assistant
b6, b7c
b6, b7c
Superintendent Lieutenant Colonel
, Operations Officer Lieutenant
,
b6,
b7c
b6,
b7c
Chief of Security Captain
Operations Captain
b6, b7c
b6, b7c
b6, b7c
b6, b7c
Lieutenant
Sergeant
,
, Sergeant
N.S.
b6
M
Service Administrator
geant
Sergeant
b6
b6, b7c
b6, b7c
b6, b7c
, and Sergeant
. Th
appreciate
n of these
ls; they were
odating during our tour of the facility. They were also
very 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 interviews with five immigration detainees.3 In many instances,
the detainee’s reports were compatible with statements made by facility personnel and our
observations. In such cases, the delegation was more accurately able to determine whether HRRJ
policy and procedures successfully meets the Standards. However, in certain instances, the
detainees’ reports conflicted with statements made by facility personnel. Where we were unable
to reconcile the conflicting reports, the delegation was unable to determine conclusively whether
the Standards are being met.
B.

General Information About HRRJ

HRRJ is a general purpose regional jail that serves the cities of Hampton, Newport News, and
Norfolk, Virginia.4 HRRJ houses federal immigration detainees according to an
intergovernmental service agreement (“IGSA”) with ICE.5 According to the HRRJ personnel, the
facility has the capacity to hold over 1,250 individuals.6 On the day of the delegation’s visit,
HRRJ had a population of 1,232 inmates, including 975 men and 257 women.7 This included
133 immigration detainees, comprised of 100 men and 33 women.8 On average, HRRJ houses
between 120 and 130 immigration detainees, but has held as many as 250 detainees.9 On the
date of the delegation’s visit, HRRJ housed detainees from as many as eighteen different

Of the five detainees, two asked to remain anonymous.

Notes of delegation member

Hampton Roads Regional Jail Inmate Populations Report as of 11:59 PM, Monday, July 30, 2007 (Attachment A).

Observations of delegation members

recording conversations with Lt. Col.
b6

recording conversations with Lt. Col.

b6, b7c

recording conversations with Lt. Col.

recording conversation with Lt. Col.

2
DC\1028871.1

and Lt.
and Lt.
and Lt.

b6, b7c

.
b6, b7c

.
.

and Capt.

b6, b7c

countries in five different pods.10 HRRJ housed immigration detainees from the following
countries: Bolivia, Brazil, China, The Congo, Cuba, El Salvador, Haiti, Honduras, Italy,
Jamaica, Jordan, Kazakhstan, Mexico, Peru, The Philippines, Sri Lanka, Taiwan, Venezuela, and
Vietnam.11 The facility is accredited by the American Correctional Association and National
Commission on Correctional Health Care (NCCHC).12
III.

2006 ABA REPORT: SUMMARY OF PERSISTENT PROBLEMS

The 2006 ABA report on HRRJ shows that there are several problems identified by the 2006
delegation, which visited the facility on July 25, 2006, that were still not resolved as of this
delegation’s visit one year later. As this report indicates in Section V.I, Staff-Detainee
Communication/ICE Presence at the Facility, facility staff believe that several problems are
ICE’s responsibility to address, including maintaining and updating library materials, showing
the “Know Your Rights” video, and arranging for private space for telephone calls with
attorneys.
The following problems have been identified by both delegations, and additional problems are
also identified in this report. Visits with family and friends still are only permitted five days per
week, with no visits on weekends, and only last twenty minutes. Telephones are located in public
areas, and detainees are unable to make private telephone calls to their attorneys. Outgoing
telephone calls are recorded as a rule, without a court order. There is still a shortage of
computers for detainee use in the law library. The HRRJ Handbook still states that inmates may
not receive incoming calls or messages; and it also does not specify how to request additional
time in the law library. HRRJ still does not provide outdoor recreation. Most women inmates
and detainees are still housed together in one housing unit, regardless of classification. And
HRRJ staff still complain that ICE does not visit the facility as often as they should.
IV.

LEGAL ACCESS STANDARDS
A.

Visitation
1.

Visitation by Attorneys

The Standards require that facilities permit legal visitation seven days per week.13 Attorneys
should have access to their clients eight hours per day during the week and four hours per day
during the weekend.14 The visits must be private, should not be interrupted for head counts, and
may proceed through meal times on regular business days.15 Facilities should establish a
procedure by which attorneys may call to determine whether a detainee is housed in a particular

ICE Alpha Roster- by Location (Attachment B).

ICE Alpha Roster- by Location.

Notes of delegation member

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

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

recording conversation with Lt. Col.

3
DC\1028871.1

b6, b7c

facility.16 Detention centers should permit visits from attorneys, other legal representatives, legal
assistants, and interpreters.17 Visitation hours must be provided in the handbook, and posted
where detainees can easily see them.18 If standard operating procedures at the facility require
strip searches after contact visits with a legal representative, then the facility must provide an
option for confidential non-contact visits with legal representatives and a mechanism to
exchange documents.19
HRRJ substantially meets this section of the Standards: attorneys may visit the detainees
seven days per week whenever the attorney arrives and without a time limit, although the
handbook states that visits may not take place during counts and meal times. 20 Law
students and interpreters may meet with detainees as long as HRRJ has advance knowledge of
their visit.21 An attorney must show a bar card or other identification to satisfy the officer that
the individual is an attorney.22
The information given in the HRRJ Inmate Handbook of Jail Rules and Regulations (“HRRJ
Handbook” or “Handbook”) differs from the information that the facility staff provided during
the tour. The Handbook states that “Attorneys are permitted to visit you at any time during
normal business hours, except during meals, counts, and lockdowns.”23 However, the visits are
apparently not interrupted for head counts or meals.24 If the visits take place during meal times,
the detainee is provided a bag lunch following the visit.25 Facility staff explained that HRRJ
prefers visits between 8:00 a.m. and 11:00 a.m. and 1:00 p.m. and 4:00 p.m., but staff will allow
a detainee to meet with his attorney whenever the attorney arrives.26
Each housing unit has six visitation booths that are used for attorney visits.27 Visits with
attorneys take place in “contact” booths where the attorney and detainee are separated by a wire
mesh divider but the attorneys can pass documents to detainees.28 Detainees reported that they

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

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

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

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

Notes of delegation member

Hampton Roads Regional Jail Inmate Handbook of Jail Rules and Regulations (“HRRJ Handbook” or
“Handbook”), p. 23 (Attachment C).

Notes of delegation member

recording conversation with Sgt.
b6

recording conversation with Sgt.

.
b6, b7c

recording conversation with Sgt.

.
.

, recording conversation with Sgt.
b6

b6, b7c

Notes of delegation member
, recording conversation with Sgt.
notes of delegation
member
recording conversation with detainee who asked to remain anonymous. The
b6
detainee
was provided a bag meal when her meeting with her attorney took place during
meal times.

Notes of delegation member

Observations of delegation member

Notes of delegation member

recording conversation with Sgt.
b6

, recording conversations with Sgt.

4
DC\1028871.1

b6, b7c

and Capt.

b6, b7c

were not searched after visiting with their attorneys.29 However, the Handbook states: “You will
be strip searched after all contact visits.”30 The conversations in these booths are private and
cannot be heard by guards or others.31 However, the contact booths may not be able to
accommodate an individual in a wheelchair, so if a detainee is in a wheelchair, the visit would
take place in a no-contact booth, which is not private.32
2.

Visitation by Family and Friends

To maintain detainee morale and family relationships, the Standards encourage visits from
family and friends.33 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.34
The visiting area is to be “appropriately furnished and arranged, and as comfortable and pleasant
as practicable.”35 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.36 Visits should be at least thirty minutes long, and longer when possible.37
HRRJ does not meet this section of the Standards, because there are no visiting hours on
weekends or holidays, and the visits are not long enough. Visiting hours are five days per
week from 7:30 p.m. until 10:30 p.m., with no visits on weekends or holidays.38 Visitation days
are allocated according to the housing unit in which the detainee is housed. Each detainee may
receive visitors only two days per week, two visits per week, and a maximum of three people at
one time.39 Visits last only twenty minutes, ten minutes shorter than the thirty minutes required
by the standards.40 All visits are non-contact. 41 HRRJ requires each detainee to submit a list of
individuals in order to receive them as visitors and obtain permission for each visit in advance.42
Minors may be included on this list, and may visit if accompanied by an adult.43

b6
Notes of delegation member
recording conversation with detainee
detainee who asked to remain anonymous.

HRRJ Handbook, p. 23.

Notes of delegation member

recording conversations with Sgt.

and Capt.

b6, b7c

Notes of delegation member

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

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

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

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

Notes of delegation member

HRRJ Handbook, p. 23; notes of delegation member
Capt. b6, b7c

Notes of delegation member

and

b6, b7c

recording conversation with Capt.

recording conversations with Lt.
b6

b6, b7c

and Capt.

recording conversations with Lt.

recording conversation with Sgt.

.
b6, b7c

Notes of delegation member

recording conversation with Sgt.

Notes of delegation member

recording conversation with Capt.

Notes of delegation member

recording conversation with Sgt.

5
DC\1028871.1

b6, b7c

b6, b7c
b6, b7c

b6, b7c

and

Telephone Access
1.

General Requirements

The Standards require that facilities provide detainees with reasonable and equitable access to
telephones during established facility waking hours.44 In order to meet this requirement,
facilities must provide at least one telephone for every twenty-five detainees.45 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.46
HRRJ does not fully meet this Standard: telephones are available, but instructions are
far from the telephones and detainees stated that phones are frequently broken or have
loud static. The Handbook summarizes the conditions of telephone use.47 In addition,
telephone usage rules and instructions and phone numbers for local consulates are posted in both
English and Spanish in the housing area.48 However, the rules and instructions are posted
approximately ten feet from the phones, making it difficult to consult them when attempting to
use the phones.49 When members of the delegation tried to use the phones, they had to go back
and forth between the telephone bay and the bulletin board where the instructions were posted
many times to initiate a call successfully.50
Detainees are separated into housing units that vary somewhat in size.51 The housing unit
visited by the delegation housed only immigration detainees had approximately one phone per
twelve detainees.52 Detainees and inmates may access the telephones during open dayroom
periods.53 Some detainees interviewed complained about lack of access to telephones or that
phones were frequently broken or that they heard loud static when attempting to use the

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

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

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

HRRJ Handbook, p. 21.

Observations of delegation member

Notes of delegation member

recording conversation with Lt. Col.

6
DC\1028871.1

b6, b7c

phones.54 However, other detainees interviewed by the delegation reported no problems using the
phones.55
2.

Direct Calls and Free Calls

The Standards allow facilities to generally restrict calls to collect calls;56 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.57 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.58 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.”59
HRRJ meets this section of the Standards; detainees are able to make calls to selected
legal service providers or to consulates at no charge. The “Immigration and Naturalization
(INS) Inmates Addendum” to the HRRJ Handbook notes that immigration detainees may have
“special access” calls to certain “free numbers.”60 Accordingly, full instructions to dial
consulates, legal service providers, courts, and government officials are posted in the housing
unit.61 The delegation attempted to make several calls to different providers, and connected to a
legal service provider and to a consulate.62 The instructions to use the free dialing system were
posted approximately ten feet from the telephones which made using the system difficult at
first.63
Direct calling from the telephones located in the housing units is fairly expensive.64 Some
detainees interviewed complained about the cost of calls and calling cards.65

Notes of delegation member
recording conversation with detainee
b6
b6
delegation member
ording conversations with detainee b6, b7c
asked to remain anonymous. According to the detainee who asked to rem
maximum of one to three phones in the pod are working at one time.

Notes of delegation member
detainee who asked to

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

Immigration and Naturalization (INS) Inmates Addendum to Hampton Roads Regional Jail Inmate Handbook
(Attachment D) (“Handbook Addendum”).

Observations of delegation member

b6
Notes of delegation member
recording conversations with detainee
detainee who asked to remain anonymous.

recording conversations with detainee
mous.

b6, b7c

and

7
DC\1028871.1

notes of
inee who
mous, typically a

b6, b7c

and

Telephone Access to Legal Representatives

The Standards provide that the facility shall not restrict the number of calls a detainee places to
his/her legal representatives, nor limit the duration of such calls by automatic cutoff, unless
necessary for security purposes or to maintain orderly and fair access to telephones.66 If time
limits are necessary, they shall be no shorter than twenty minutes.67 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.68
HRRJ does not meet this section of the Standards: telephones do not afford privacy,
calls are limited to fifteen minutes, and calls are recorded. Detainees are not able to make
private telephone calls, because the phones are all located in the middle of the housing units with
no privacy safeguards.69 There are no opportunities at HRRJ for detainees to have private phone
calls with attorneys if the calls are initiated by the representing attorney.70 HRRJ staff made it
clear that they do not have the manpower to accommodate attorney requests to speak with a
prisoner on the phone in a private setting.71 According to the Inmate Handbook, HRRJ places
fifteen minute time limits on telephone calls made from the housing units.72 According to an
HRRJ official, all phone conversations made on the outgoing phones are recorded.73 However,
the official noted that calls are not monitored, and tapes of phone calls are erased within a short
period of time unless security concerns require monitoring.74
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.75 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.76
HRRJ appears to meet this section of the Standards: HRRJ personnel take messages of
incoming calls to detainees. However, the Handbook states that only emergency messages

b6
Notes of delegation member
, recording conversations with detainee
detainee who asked to remain anonymous.

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

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

Observations of delegation member

Notes of delegation member

recording conversation with Capt.
b6

Notes of delegation member

HRRJ Handbook, p. 21.

Notes of delegation member

b6, b7c

recording conversation with Capt.

recording conversations with Lt. Col.
b6

b6, b7c

Notes of delegation member

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

recording conversations with Lt. Col.

8
DC\1028871.1

b6, b7c

and

will be taken. Staff will take messages from attorneys to detainees, but said that it is not their
preference for attorneys to call for clients at the facility.77 Instead, staff encourages detainees to
set up a scheduled time that the detainee will initiate a call to his or her attorney.78 This
information conflicts with the Handbook, which states that inmates may not receive any
incoming calls and messages will be taken only in the case of emergencies.79
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.80
HRRJ does not meet this section of the Standards: detainees placed in the SMU for
disciplinary reasons do not have access to telephones.81
C.

Access to Legal Material and Library

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.”82
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.83 Each detainee shall be permitted to use the law library for a minimum of five hours per
week.84 Detainees housed in segregation must have the same library access as the general
population unless there are compelling security concerns that require limitations,85 and those
concerns must be fully documented if access is denied.86 Under certain circumstances, legal
material may be brought to detainees in disciplinary segregation.87

Notes
b6, b7c

n member
and detain

recording conversations with Capt.
remain anonymous.

b6, b7c

Notes of delegation member

HRRJ Handbook, p. 21.

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

Notes of delegation member

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

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

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

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

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

recording conversation with Lt. Col.

9
DC\1028871.1

b6, b7c

detainee

b6, b7c

HRRJ substantially meets this section of the Standards: however, detainees in
segregation must have a compelling need to use the library; otherwise, they have access to a
rolling library. According to the Handbook, all detainees, including those in the special
management unit, are permitted to use the library a minimum of five hours each week.88
Detainees may conduct research in the main library, a larger library, upon request.89 In addition,
detainees in the housing unit visited by the delegation, which houses only immigration detainees,
may use an immigration library within their housing unit during their free time.90 The
immigration law library is a small room with computer, printer, and a small rolling cart with
some legal materials. 91 Detainees housed in segregation or in other housing units are provided
access to a “rolling library.”92 If detainees in segregation have a compelling need to use the law
library, staff will clear the law library of other inmates to allow the segregated detainee use of
the library.93
2.

Library Conditions

The Standards require that a facility provide a law library with sufficient space to facilitate
detainees’ legal research and writing.94 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.”95
HRRJ meets this section of the Standards. The delegation visited two law libraries at HRRJ,
the main law library and the immigration law library.96 The main law library is well lit, isolated
from noise and foot traffic, and can accommodate at least five inmates at one time.97 It contains
computers and a typewriter for the use of the inmates and detainees.98
The immigration law library is housed in a small room outside the pod that we visited that
houses most male immigration detainees.99 This library contains one desk and two chairs with
extra chairs stacked against the wall, and a folded inflatable mattress.100 The available work

Handbook Addendum.

Notes of delegation member

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

Notes of delegation member

recording conversation with Lt. Col.

b6, b7c

, recording conversation with Lt. Col.
b6

, recording conversation with Lt. Col.

b6, b7c

, recording conversation with Lt. Col.
b6

, recording conversation with Capt.

b6, b7c

, recording conversation with Lt. Col.

b6, b7c

Notes of delegation member
b6
member

Observations of delegation member

100

Observations of delegation member

, recording conversation with Sgt.

10
DC\1028871.1

b6, b7c

observations of delegation

space would likely accommodate only two detainees at a time.101 The immigration law library is
well lit and isolated from noisy areas.102 Detainees housed in the pod that we visited, where the
library is located, are aware of the immigration law library.103
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.104 These materials must be inspected weekly and
updated by facility staff, and information must be added on significant regulatory and statutory
changes regarding detention and deportation of aliens in a timely manner.105 Damaged or stolen
materials must be promptly replaced.106
HRRJ does not meet this section of the Standards: the law library does not maintain up-todate copies of all of the materials suggested by the Standards. The general library contained
a variety of legal materials, including a small section of immigration materials.107 The library
did not contain all of the materials required by the standards.108 HRRJ officers made it clear that
ICE solely maintained and updated the immigration materials in the library.109 The immigration
law library contained a small rolling cart of books and binders.110 The books and binders were
outdated, out of order, in disarray, and uniformly moist and sticky.111 The materials were last
updated in 2003.112 An official told us that the hardcopy materials were supplemented
electronically with a Lexis-Nexis compact disc.113 However, the Lexis-Nexis materials had not
been installed on the computer when the delegation arrived.114 The delegation pointed out the
problem though, and Lt. Col. b6, b7c called a computer technician who installed the program on
the computer during the visit
4.

Library Equipment and Supplies

101

Observations of delegation member

102

Observations of delegation member

103

Notes of delegation member
anonymous.

104

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

105

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

106

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

107

Observations of delegation member

108

Observations of delegation member

109

Notes of delegation member

110

Observations of delegation member

recording conversation with detainee who asked to remain

recording conversation with Lt.

b6, b7c

.
b6

111

Observations of delegation member

112

Programs Law Library Inventory List (Attachment E); observations of delegation member

113

Notes of delegation member

114

Observations of delegation member

115

recording conversation with Lt. Col.
.
b6

Observations of delegation member

11
DC\1028871.1

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.116 Staff must inspect at least weekly to ensure equipment is in
working order and to stock sufficient supplies.117
HRRJ meets this section of the Standards, although it is unclear whether one computer
in the immigration law library is adequate for 133 detainees. The general library provided
computer access as well as supplies to inmates and detainees.118 The immigration law library had
only one computer and limited space.119 According to staff this library used to contain two
computers, but one was removed after it was destroyed due to vandalism.120 The inmates
reported that they had been given paper in order to use the printers when they so requested.121
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.122 Enough copies must be provided so that a detainee can fulfill court procedural
rules and retain a copy for his records.123 Facility personnel may not read a document that on its
face is clearly related to a legal proceeding involving the detainee.124
HRRJ meets this section of the Standards. Library staff photocopy materials for detainees
upon request.125 Detainees may also request copies to be made for them and provided for free.126
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.127
HRRJ meets this section of the Standards. Detainees are permitted to assist other detainees
with research and, according to staff, are more likely to work together on a project than alone.128
116

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

117

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

118

Observations of delegation member

119

Observations of delegation member

120

Hampton Roads Regional Jail Law Library Request Form (Attachment F); notes of delegation member
b6
recording conversation with Lt. b6, b7c

121

Notes of delegation member

122

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

123

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

124

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

125

Notes of delegation member

, recording conversation with detainee

recording conversations with Sgt.
b6

and Capt.
b6, b7c

126

Notes of delegation member

127

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

recording conversations with Sgt.

12
DC\1028871.1

b6, b7c

and Capt.

Notice to Detainees

The Standards require that the detainee handbook provide detainees with the rules and
procedures governing access to legal materials.129
HRRJ does not fully meet this section of the Standards: the Handbook does not provide
notice of how to request time to use the law library. The Handbook describes how to request
information from the law library.130 In addition, the Handbook Addendum specifies that
immigration detainees will be provided with a minimum of five hours per week in the law
library.131 However, neither the Handbook nor the Addendum specify how to request additional
time in the library.132 One detainee interviewed was not familiar with detainees’ ability to access
the library.133
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.”134
Informational posters are to be prominently displayed in the housing units at least forty-eight
hours in advance of a scheduled presentation.135 While the presentations are open to all
detainees, the facility “may limit the number of detainees at a single session.”136 “The facility
shall select and provide an environment conducive to the presentation, consistent with
security.”137 In addition, detainees shall have regular opportunities to view an “INS-approved
videotaped presentation on legal rights.”138
HRRJ substantially meets this section of the Standards: HRRJ personnel provide notice
and access to these presentations, but HRRJ does not post notice forty-eight hours in
advance as required by the Standards, and it is unclear whether HRRJ shows the Know
Your Rights video. According to HRRJ personnel, there are no restrictions on group rights
presentations.139 HRRJ has an established relationship with the Capital Area Immigrant Rights

128

Notes of delegation member

129

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

130

HRRJ Handbook, p. 27.

131

HRRJ Handbook, p 27; Handbook Addendum.

132

HRRJ Inmate Handbook, p 27; Handbook Addendum.

133

Notes of delegation member

134

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

135

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

136

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

137

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

138

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

139

Notes of delegation member

, recording conversation with Lt.

, recording conversation with detainee

recording conversation with Capt.

13
DC\1028871.1

b6, b7c

Coalition (“CAIR Coalition”), based in Washington, D.C.140 CAIR Coalition visits the facility to
give rights presentations once every month.141 On occasion, embassies and consulates also visit
the facility to make group rights presentations, but HRRJ personnel said that such visits are not
regular.142
No informational posters, required by the Standards, are displayed in the housing units.143
According to HRRJ personnel, because the presentations are so regular that detainees know to
expect them, it is sufficient for guards to make a verbal announcement on the day of the CAIR
Coalition’s visit.144 This does not satisfy the forty-eight hour advanced notice required by the
Standards.145 Interviews with detainees confirmed that these presentations are given regularly
and that the guards notify detainees about them.146 With HRRJ’s verbal notification process,
however, it cannot be confirmed that the detainees receive notification on a consistent basis. The
detainee addendum to the HRRJ Handbook notifies detainees that group rights presentations will
take place occasionally.147
HRRJ personnel indicated that the presentations take place either in the housing unit recreation
area or in one of two classrooms.148 The classrooms are the most conducive to the presentation
since there is seating and adequate lighting available.149 However, the classrooms could not
comfortably hold more than twenty people.150 The recreation room is large but there is no
additional seating, and the lighting is dim.151 As a result, the presentation space used may not be
consistently conducive to the presentation.
Finally, HRRJ personnel do not show the “Know Your Rights” video to detainees, and stated
that it was the responsibility of the ICE agent assigned to the facility to show this video to
detainees.152 HRRJ personnel could not specify how often this video is shown.153
V.

OTHER PROVISIONS OF THE ICE DETENTION STANDARDS

140

Notes of delegation member

recording conversation with Capt.

141

Notes of delegation member

recording conversation with Capt.

142

Notes of delegation member

143

Notes of delegation member
member
b6

recording conversation with Capt.

144

Notes of delegation member

recording conversation with Capt.

145

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

146

Notes of delegation member

147

HRRJ Handbook Addendum.

148

Notes of delegation member

149

Observations of delegation member

150

Observations of delegation members

, recording conversation with Capt.

Observations of delegation member

152

Notes of delegation member

and

b6, b7c

recording conversation with Capt.
b6, b7c

recording conversation with Capt.

14
DC\1028871.1

b6, b7c

Notes of delegation member

b6, b7c

, recording conversation with detainee

and Lt.

b6, b7c

observation by delegation

151

153

b6, b7c

recording conversations with Capt

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.154 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.155 Special correspondence—which includes all written
communication to or from attorneys, legal representatives, judges, courts, government officials,
and the news media—is treated differently.156 Incoming special correspondence can be
inspected for contraband only in the presence of the detainee, but it can never be read or
copied.157 Outgoing special correspondence may not be opened, inspected, or read.158
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.159 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; these
detainees must be able to send five pieces of special correspondence and three pieces of general
correspondence per week.160 Finally, the Standards require that facilities notify detainees of
specific information regarding correspondence policies.161
HRRJ substantially meets this section of the Standards: legal correspondence is opened
in the detainee’s presence and the Handbook clearly outlines the facility’s mail policies.
However, according to the Handbook, indigent detainees do not receive sufficient supplies
for mail to satisfy this Standard. The Handbook states that incoming mail is to be opened and
inspected for contraband outside of the presence of the detainee and delivered within twenty-four
hours of arrival,162 while legal correspondence is to be opened and inspected in the presence of
the detainee.163 Detainees interviewed stated that legal mail is opened in their presence.164 The

154

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

155

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

156

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

157

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

158

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

159

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

160

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

161

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

162

HRRJ Handbook, pp. 22-23.

163

HRRJ Handbook, p. 22.

164

Notes of delegation member Noam Wiener, recording conversation with detainee
notes of delegation member Timilin Sanders, recording conversation with d

15
DC\1028871.1

b6, b7c
b6, b7c

Handbook states that outgoing mail will be inspected for contraband, but there is no indication
that outgoing legal mail will not be inspected for contraband.165
According to the Handbook, indigent detainees are provided with sufficient paper, envelopes,
and stamps to send five letters per week,166 rather than the eight pieces required by the Standards.
One detainee interviewed by the delegation explained that he did not know how to get stamps.167
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.168 Every detainee should
receive a copy of the handbook upon admission to the facility.169 The handbook will be written
in English and translated into Spanish and other prevalent languages as appropriate.170 The
handbook must include visitation hours and rules.171 The handbook must notify detainees of the
facility correspondence policy.172 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.173 The handbook must provide notice of the facility’s rules of conduct
and the sanctions imposed.174 It must advise detainees of rights including the right to protection
from abuse, right to freedom from discrimination, and right to pursue a grievance.175 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.176 The Officer in Charge will
provide a copy of the handbook to every staff member who has contact with detainees.177
HRRJ does not fully meet this section of the Standards. The Handbook does not include
the required information regarding several legal access issues: Legal Visitation, Telephone
Access, Access To Legal Materials, and Correspondence. HRRJ staff provided the delegation
with a copy of the Handbook, which includes a one page “INS Inmates Addendum,” and
indicated that all staff and inmates/detainees are given a copy of the book upon admission.178

165

HRRJ Handbook, pp. 22-23.

166

HRRJ Handbook, p. 23.

167

Notes of delegation member

168

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

169

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

170

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

171

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

172

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

173

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

174

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

175

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

176

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

177

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

178

Notes of delegation member

, recording conversation with detainee

recording conversation with Lt.

16
DC\1028871.1

b6, b7c

HRRJ Handbook Addendum.

Detainees interviewed indicated that they received a copy of the Inmate Handbook upon
admission.179 Staff indicated that the handbook is available in multiple languages in addition to
English, including Spanish, German, and French.180 Provisions in the Handbook that conflict
with or do not provide information required by the Standards are addressed in the following
sections of this report: Sections III.A.1, Legal Visitation; III.B.4, Incoming Calls and Messages;
III.C.7, Access to Legal Materials: Notice to Detainees; and IV.A, Correspondence and Other
Mail.
C.

Recreation

The Standards require that all detainees have access to recreational programs and activities,
under conditions of security and safety.181 Detainees should be housed in facilities with outdoor
recreation, and “all new or renegotiated contracts and IGSAs will stipulate that INS detainees
have access to an outdoor recreation area.”182 If a facility only provides indoor recreation,
detainees must have access for at least one hour per day, including exposure to natural light.183
Detainees should have access to “fixed and movable equipment,” including opportunities for
cardiovascular exercise, and games and television in dayrooms.184 Under no circumstances will a
facility require detainees to forego law library privileges for recreation privileges.185
HRRJ substantially meets this section of the Standards; however, no outdoor recreation
is available.186 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.187 The recreation
rooms contain a basketball court and volleyball nets.188 These closed recreation rooms have a
single open window of approximately ten feet by ten feet, about twelve feet off the ground,
covered by mesh wire.189 The opening allows for rain and snow to come into the room.190 The
day room has televisions and various board games.191 No exercise equipment is available for
detainees’ use.192

179

b6
Notes of delegation member
recording conversations with detainee,
and detainee who asked to remain anonymous.

180

Notes of delegation member

181

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

182

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

183

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

184

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

185

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

186

Delegation observations.

187

Notes of delegation member

188

Observations of delegation member

189

Observations of delegation member

190

Observations of delegation member

191

Observations of delegation member

192

recording conversation with Lt. Col.

recording conversation with Lt.

.
b6

.
.

17
DC\1028871.1

b6, b7c

There is no set schedule for use of this recreation room.193 The amount of time detainees are
permitted to spend in the room is determined the number of detainees who want to make use of
it.194 The inmates request to go into the recreation area and are then rotated in.195 One detainee
expressed satisfaction with the time allotted to use the recreation room.196 Another complained
about not having been outside for many months.197
D.

Access to Medical Care

The Standards require that all detainees have access to medical services that promote detainee
health and general well-being.198 All detainees must receive initial medical and mental health
screenings immediately upon arrival at the facility, as well as a “health appraisal and physical
examination” within fourteen days of arrival.199 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.200 For a facility of over 200 detainees, there must be sick call
five days per week.201 Facilities must also have procedures in place to provide emergency
medical care for detainees who require it.202
HRRJ substantially meets this Standard; however, when describing routine care, staff
did not state that physical exams are included, and 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.203 The facility employs one full-time physician, thirty-two fulltime equivalent nurses, and many mental health professionals (including a part-time psychiatrist,
daily social worker, and mental health nurses).204 In addition, outside providers, such as
gynecologists, regularly visit the jail. 205

193

Notes of delegation member

194

Notes of delegation member

195

Notes of delegation member

196

Notes of delegation member

recording conversation with Lt.
b6

recording conversation with Lt.

b6, b7c

recording conversation with Lt.
, recording conversation with detainee

b6, b7c

197

Notes of delegation member
anonymous.

198

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

199

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

200

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

201

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

202

Detention Operations Manual, Health Services, Standard 2, Sections III.A, D, & G.

203

Notes of delegation member
observations of delega

204

205

, recording conversation with detainee who asked to remain

recording conversation with Lt. Col.

b6
Notes of delegation member
observations of delegation member

recording conversation with Lt. Col.

Notes of delegation member
observations of delegat

recording conversation with Lt. Col.

b6, b7c

and Lt. Col.

18
DC\1028871.1

and Lt. Col.

b6, b7c

All detainees are screened for medical issues upon their initial processing, which takes place
on the day each arrives at the facility.206 However, staff did not state that the required physical
exam within 14 days of arrival is part of detainees’ routine medical treatment.207 During the
screening, each detainee is questioned regarding prior health history, current health, medical
history, current medications, suicide risk, mental health, and drug and/or alcohol dependence.208
If red flags are raised, the individual is referred for medical attention.209 Those detainees who
are initially flagged as having a mental health issue, including suicidal tendencies, may be kept
separately and are monitored closely by the staff.210 If staff suspects that an inmate is suicidal,
that inmate is put on a special watch, meaning that an officer physically puts his eyes on the
inmate either every fifteen or thirty minutes depending on the severity of the suicide threat.211 If
needed, HRRJ will send the detainee to a mental health hospital in the community. 212
For non-English-speaking detainees, HRRJ obtains translation through bilingual officers and
telephone services, including the AT&T language line.213 To prevent confusion, HRRJ asks
detainees to fill out the medical request form in their native language.214 HRRJ then has the form
translated within twenty-four hours through a fax translation service.215 In addition, the HRRJ
Handbook states that “[m]edical services will ensure that deaf and/or hearing-impaired inmates
are afforded effective communications during medical appointments and evaluations.216
HRRJ has sick call five days per week from 8:00 a.m. to 5:00 p.m.217 At sick call, patients are
triaged by a nurse or physicians assistant and then may see the doctor.218 To see a nurse or
doctor, a detainee/inmate must submit a Medical Request Form.219 Staff indicated that the
average wait time to receive medical care was seven to fourteen days if not critical.220 The
inmate handbook states that “[a] member of the medical staff at the next regularly scheduled sick

206

Notes of delegation member

207

Delegation observations.

208

Notes of delegation member

recording conversation with Capt.

209

Notes of delegation member

recording conversation with Capt.

210

Notes of delegation member

recording conversation with Capt.

211

Notes of delegation member

recording conversation with Lt. Col.

b6, b7c

recording conversation with Capt.
b6

212

Notes of delegation member

recording conversation with Capt.

213

Notes of delegation member

recording conversations with Capt.

214

Notes of delegation member

recording conversations with Lt. Col.

b6, b7c

and Dr.
and Dr.

b6, b7c

215

Notes of delegation member

216

HRRJ Handbook, p. 20.

217

Notes of delegation member
Col. b6, b7c

recording conversations with Lt. Col.

recording conversations with Dr.

and Dr.

, Capt.

b6, b7c

.
b6

and Lt.

218

Notes of delegation member

219

First Medical Management Inmate Medical Request Form (Attachment G); notes of delegation member
, recording conversations with Lt. b6, b7c Lt. Col. b6, b7c and Capt. b6, b7c
b6

220

Notes of delegation member

recording conversation with Lt. Col.

recording conversation with Capt.

19
DC\1028871.1

b6, b7c

.
b6

call will see you” following the submission of a Medical Request Form.221 However, detainees
interviewed by the delegation complained about long waits and difficulty in accessing nonemergency medical care. For example, detainees complained that jail staff would not allow them
to see a nurse if their condition did not appear serious enough (e.g., staff would not allow them to
seek medical care for eye irritation, because he “can still see” 222 or to seek care for tongue
injured by biting during a basketball game, because he “can still talk” 223). Detainees also
complained about inability to obtain eye glasses.224 In addition, one detainee was injured in an
automobile crash during his transfer from one detention facility to HRRJ. Upon his arrival, he
complained about his injury, and the intake officer commented on his swollen ankle, but the
detainee did not receive any medical care for one week.225 Immigration detainees do not pay a
fee for medical services.226
HRRJ provides emergency care in all instances when there is a suspected emergency
condition.227 The officer on the scene immediately calls for help and administers first aid.228
Medical staff are on the scene within four minutes (usually one minute).229 If the officer on the
scene is uncertain whether the circumstances require emergency medical care, the policy is for
the officer to call for help as if he believed it were an actual emergency.230 HRRJ has an
agreement with an emergency room which is four miles away.231
E.

Access to Dental Care

The Standards require that detainees have an initial dental screening exam within fourteen
days of the detainee’s arrival, and require the facility to provide emergency dental treatment and
repair of prosthetic appliances.232 For detainees who are held in detention for over six months,
routine dental treatment may be provided, including amalgam and composite restorations,
221

HRRJ Handbook, p. 20.

222

Notes of delegation member
anonymous.

223

Notes of delegation member

224

Notes of delegation member
asked to remain anony

225

Notes of delegation member

226

Handbook Addendum; notes of delegation member

227

Notes of delegation member

recording conversation with detainee who asked to remain

recording conversation with

b6, b7c

, recording conversations with detainee
recording conversation with
b6

b6, b7c

and detainee who

b6, b7c

recording conversation with Lt. Col.

b6, b7c

recording conversation with Lt.

, Capt.

and Capt.

recording conversation with Lt.

, Capt.

and Capt.

b6, b7c

228

Notes of delegation member
b6, b7c

229

Notes of delegation member

recording conversation with Lt.

b6, b7c

, Capt.

b6, b7c

and Capt.

b6, b7c

230

Notes of delegation member

recording conversation with Lt.

, Capt.

and Capt.

recording conversation with Lt.

, Capt.

and Capt.

b6, b7c

231

Notes of delegation member
b6, b7c

232

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

20
DC\1028871.1

prophylaxis, root canals, extractions, x-rays, the repair and adjustment of prosthetic appliances
and other procedures required to maintain the detainee’s health.233
HRRJ does not fully meet this standard: HRRJ does not provide a dental screening
until detainees have been at the facility for ninety days. Detainees are only provided with a
dental screening after having been at the facility for ninety days.234 According to the 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.235 The INS
Inmates Addendum to the HRRJ Handbook does not indicate that HRRJ makes an exception to
this policy for INS detainees.236
F.

Detainee Classification System

The Standards require that detention facilities use a classification system and physically
separate detainees into different categories.237 Detainees must be assigned to the least restrictive
housing unit consistent with facility safety and security.238 A detainee’s classification is to be
determined on “objective” criteria, including criminal offenses, escape attempts, institutional
disciplinary history, violent incidents, etc.239 Opinions, unconfirmed and unverified information,
and physical characteristics and appearance are not to be taken into account.240 Classification is
required in order to separate detainees with no or minimal criminal records from inmates with
serious criminal records.241 Detainees with a history of assaultive or combative behavior are not
to be housed with non-assaultive detainees,242 and Level 1 (lowest risk) detainees are not to be
housed with Level 3 (highest risk) detainees.243
All facility classification systems shall allow classification levels to be re-determined and
include procedures by which new arrivals can appeal their classification levels.244 Finally, the
detainee handbook’s section on classification must include an explanation of the classification
levels, with the conditions and restrictions applicable to each, and the procedures by which a
detainee may appeal his classification.245

233

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

234

Notes of delegation member

235

Handbook, p. 20

236

INS Handbook Addendum.

237

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

238

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

239

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

240

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

241

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

242

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

243

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

244

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

245

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

recording conversation with Capt.

21
DC\1028871.1

b6, b7c

HRRJ substantially meets this section of the Standards; however, it does not separate
women according to classification level and may house violent inmates with nonviolent
detainees. All detainees are classified when they first arrive at HRRJ,246 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.247 The classification process is known as intake; new detainees and inmates are placed
in a holding area pending classification.248 In accordance with the Standards, the Handbook
outlines the criteria for the classification system and provides the procedure to appeal the
classification status.249
HRRJ divides inmates into three separate security classes: minimum, medium, and maximum
security.250 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.251 Detainees and inmates are also
classified according to their medical needs, disciplinary status, need for protection from other
inmates, and employment in the facility.252 All classifications are reviewed every sixty days to
determine whether they are still appropriate.253
During our visit, most of the male detainees were classified as “minimum security immigration
detainees” and were housed together in a single male immigration detainee housing unit.254
HRRJ personnel explained that occasionally immigration detainees are classified as something
other than minimum security because of their criminal or violent backgrounds, gang affiliations,
or other objective characteristics that warrant a stricter classification.255 In such instances,
detainees are separated from the minimum security immigration detainees and housed with jail
inmates of an equivalent security classification.256 This complies with the requirement of the
Standards that detainees with a history of assaultive or combative behavior not be housed with
non-assaultive detainees.257

246
247

Notes of delegation member

recording conversations with Lt. Col.

and Lt.
b6, b7c

Notes of delegation member

248

Notes of delegation member
delegation member
b6
249

HRRJ Handbook, pp. 7-9.

250

Notes of delegation member

b6, b7c

recording conversations with Lt. Col.

and Lt.

recording conversation with Sgt.

observations of

b6, b7c

recording conversations with Lt. Col.

and Lt
b6, b7c

251

Notes of delegation member

recording conversations with Lt. Col.

252

Notes of delegation member

recording conversation with Lt. Col.

253

Notes of delegation member

recording conversation with Lt.

and Lt.
b6, b7c

b6, b7c

254

Notes of delegation member

recording conversation with Lt. Col.

255

Notes of delegation member

recording conversation with Lt. Col.

256

Notes of delegation member

recording conversation with Lt. Col.

257

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

22
DC\1028871.1

b6, b7c

.
b6, b7c

Women are classified under the same system.258 However, because of constrained space at the
facility, most women inmates and detainees are housed together in a single female housing
unit,259 and it was the delegation’s understanding that even violent women inmates could be
housed in this unit, together with nonviolent detainees. Maximum security female detainees, ill
female detainees, and pregnant female detainees are housed with female inmates of equivalent
status in housing units in the maximum security wing of the jail.260 This commingling of female
inmates and detainees is not a per se violation of the Standards under ordinary circumstances,
although housing violent inmates with nonviolent detainees would be. Nevertheless, it would be
optimal for detained women, particularly those with no criminal record, to be housed separately
from the general female inmate population.
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.261 Translating assistance for
both formal and informal grievances must be provided upon request.262 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.”263 All grievances must receive supervisory review, include guarantees
against reprisal, and allow for appeals.264 The detainee handbook must provide notice of the
opportunity to file informal and formal grievances, the procedures for filing a grievance and
appeal, the right to have the grievance referred to higher levels if the detainee is not satisfied, and
the policy prohibiting staff from harassing, disciplining, punishing, or otherwise retaliating
against any detainee for filing a grievance.265
HRRJ substantially meets this section of the Standards: Hampton Roads has developed
and implemented standard procedures for handling detainee grievances. However,
detainees stated that they have suffered reprisals for filing grievances, and the delegation
also received conflicting information regarding whether grievances are handled in a timely
manner. According to the Handbook, detainees should first attempt to resolve the grievance
informally, either by discussing the matter verbally with their Pod Manager or by filing an
Inmate Request/Informal Complaint Form.266 If this does not resolve the situation to the
258

Notes of delegation member

259

Notes of delegation member

260

Notes of delegation member

261

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

262

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

263

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

264

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

265

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

266

HRRJ Handbook, p. 29; HRRJ Inmate Request/ Informal Complaint Form (Attachment F).

, recording conversation with Lt. Col.
b6

, recording conversation with Lt. Col.
, recording conversation with Lt. Col.

23
DC\1028871.1

b6, b7c

detainee’s satisfaction, they may file a Grievance Form.267 The detainee must then fill out the
form and return it addressed to the Unit Manager.268
For any emergency grievance, the detainee may file a Emergency Grievance Form.269
“Emergency grievances” are those that involve “serious/irreparable harm; personal injury risk,
death, serious illness of an immediate family member, unexpected visits, missed meals due to no
fault of yourself, and life sustaining medications.”270
Once an Inmate Grievance Form has been submitted, the Unit Manager is responsible for
investigating and resolving the detainee grievance.271 The Inmate Handbook requires that the
Unit Manager investigate and respond in writing to the detainee grievance within nine working
days, which is provided in the form of a response containing the reason for the decision.272
According to Lieutenant b6, b7c , grievances are usually addressed within five to seven days.273 If
the grievance relates to a
ic department within the facility, then the grievance will be
forwarded to that department for investigation and resolution.274 Emergency grievances, which
go directly to individual in charge of the shift during which the grievance is presented, are
usually resolved within hours.275
HRRJ provides two levels of appeals for detainee grievances. The initial decision by the Unit
Manager may be appealed within three days of the receipt of the decision.276 If the response to
this appeal is not satisfactory, the detainee may appeal that decision to the Superintendent within
five days of receipt.277
The Inmate Handbook does not state whether translating assistance for both formal and
informal grievances is available. According to Lieutenant b6, b7c however, grievance forms are
available in English and Spanish, and the forms can be tran
into other languages.278
The Inmate Handbook guarantees that detainees will not be “punished or subject to reprisal for
submitting a grievance.”279 One detainee whom the delegation interviewed stated that she had

267

HRRJ Handbook, p. 29; HRRJ Grievance Form (Attachment H). The Handbook does not appear to require
detainees to make an informal grievance before filing a formal grievance, which would be a violation of the
Standards.
268

HRRJ Handbook, p. 29.

269

HRRJ Emergency Grievance Form (Attachment I).

270

HRRJ Emergency Grievance Form; HRRJ Handbook, p. 29.

271

HRRJ Handbook, p. 29.

272

HRRJ Handbook, p. 29.

273

Notes of delegation member

274

HRRJ Handbook, p. 29.

275

Notes of delegation member

276

HRRJ Handbook, p. 30.

277

HRRJ Handbook, p. 30.

278

Notes of delegation member

recording conversation with Lt.

b6, b7c

recording conversation with Lt.

b6, b7c

recording conversation with Lt.

b6, b7c

24
DC\1028871.1

submitted grievances, which were not resolved to her satisfaction or responded to in a timely
manner.280 She also indicated that the entire facility had been placed on lockdown as a result of
filing the grievances.281 Another detainee also stated that, after some individuals filed
grievances, the facility was placed on lockdown.282 The detainees, however, did not know
whether there were other circumstances that may have caused the facility to be placed on
lockdown. Another detainee stated that her cell was searched in the middle of the night after she
filed a grievance,283 but did not provide additional information about the circumstances.
H.

Disciplinary Policy

The Standards state that facility authorities “will impose disciplinary sanctions on any detainee
whose behavior is not in compliance with facility rules and procedures” in order “to provide a
safe and orderly living environment.”284 Each facility holding ICE detainees must have a
detainee disciplinary system which has “progressive levels of reviews, appeals, procedures, and
documentation procedures.”285 The disciplinary policy must clearly define detainee rights and
responsibilities, and any disciplinary action taken must not be capricious or retaliatory.286
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.”287 Officers who witness a prohibited act must prepare and submit an incident
report.288 The Standards provide that all incident reports filed by officers must be investigated
within twenty-four hours of the incident.289
The Detainee Handbook must notify detainees of the disciplinary process, the prohibited acts
and disciplinary severity scale, and the procedure for appeals.290 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.291

279

HRRJ Handbook, p. 30.

280

Notes of delegation member

281

Notes of delegation member

282

Notes of delegation member

283

Notes of delegation member

284

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

285

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

286

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

287

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

288

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

289

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

290

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

291

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

recording conversation with detainee who asked to remain anonymous.
b6

recording conversation with detainee who asked to remain anonymous.
recording conversation with detainee

on conversation with detainee who asked to remain anonymous.

25
DC\1028871.1

b6, b7c

HRRJ substantially meets this section of the Standards; however, two detainees stated
that they were encouraged to admit to disciplinary violations they did not commit. When a
rules violation occurs, a written report is filed.292 If the violation is considered minor, then an
officer will talk with the detainee and come up with a punishment based on the minor
violation.293 If the officer and detainee cannot settle the matter, it will be resolved through the
hearing process.294 For minor violations, such as use of profanity, failure to follow cleaning
procedures, or abuse of jail-issued items,295 the resulting punishment will be a maximum of
forty-eight hours of cell restriction, if resolved by the officer and detainee,296 or a maximum of
thirty days of cell restriction or disciplinary segregation if the detainee is found guilty through
the hearing process.297 Under both circumstances, detainees may also lose some privileges.298
Use of the recreation room is one privilege that detainees may lose if found guilty of a
disciplinary infraction,299 which the Standards permit only if such use creates an unsafe
condition.300 For major violations, such as unauthorized organized activity, assault on staff or
inmate, or failure to take medication at issue,301 the resulting punishment will be a maximum of
sixty days of cell restriction or disciplinary segregation, and/or sixty days loss of good time, as
well as the loss of some privileges.302 Major violations are resolved through the hearing
process.303
Lieutenant
outlined the due process procedure for a major rule violation. When a
b6, b7c
major rule vi
s, the reporting officer files a major charge form.304 The detainee is
placed in pre-hearing detention.305 At least twenty-four hours before the hearing, the detainee
will be given notice of the charges and the hearing date (which should occur no later than seven
days after the date of the incident, excluding weekends and holidays).306 The hearing is
conducted by an officer who was not involved in the incident.307 The decision resulting from the

292

Notes of delegation member

293

Notes of delegation member

294

Notes of delegation member

295

HRRJ Handbook, p. 16.

296

HRRJ Handbook, p. 18.

297

HRRJ Handbook, p. 18.

298

HRRJ Handbook, p. 18.

299

HRRJ Handbook, p. 26; notes of delegation member

300

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

301

HRRJ Handbook, pp. 14-16.

302

HRRJ Handbook, p. 18.

303

HRRJ Handbook, p. 18.

304

Notes of delegation member

, recording conversation with Lt.
b6

, recording conversation with Lt.

b6, b7c

, recording conversation with Lt.

.
.

recording conversation with Lt.

, recording conversation with Lt.

b6, b7c

.
b6, b7c

305

Notes of delegation member

306

HRRJ Handbook, p. 19.

307

HRRJ Handbook, p. 19; notes of delegation member

, recording conversation with Lt.

26
DC\1028871.1

recording conversation with Lt.

b6, b7c

hearing can be appealed twice.308 First, the detainee has three days to submit in writing a
Disciplinary Hearing Appeal Form to a Captain or designee.309 The Inmate Handbook specifies
that the Captain must render a written reply within five days of receiving the appeal.310 If the
detainee is not satisfied with the Captain’s decision, then he or she can appeal the decision to the
Superintendent or designee.311 If the detainee is not satisfied with the Superintendent’s decision,
the detainee may petition the court for redress.312 Interviews with detainees generally indicated
that these procedures are followed in disciplinary matters; however, one detainee stated that she
was held in pre-disciplinary hearing detention for longer than the seven day maximum required
by the Inmate Handbook.313 In addition, two detainees said that officers encouraged them to
plead guilty to disciplinary violations they did not commit. One of these detainees asserted that
he/she was falsely accused of pushing an officer and was then asked to sign a disciplinary report
that did not articulate the charges to which the detainee was agreeing.314 The other detainee
stated that he/she was falsely accused of attacking an officer and was then told that if he/she did
not agree to the charge there would be a more severe punishment.315
The Inmate Handbook notifies the detainees of the disciplinary process, the prohibited acts and
disciplinary severity scale, and the procedure for appealing disciplinary findings.316 In addition,
the handbook notifies detainees of the facility’s rules of conduct and the sanctions imposed for
the violation of these rules.317 The handbook also adequately advises the detainees of their right
to protection from personal abuse, corporal punishment, personal injury, disease, and
harassment, and their “right of freedom from discrimination based on . . . race, religion, national
origin, sex, disability, or political beliefs.”318
I.

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.”319 The
308

HRRJ Handbook, p. 19.

309

HRRJ Handbook, p. 19.

310

HRRJ Handbook, p. 19.

311

HRRJ Handbook, p. 19.

312

HRRJ Handbook, p. 19.

313

Notes of delegation member
anonymous.

314

Notes of delegation member
remain anonymous.

315

Notes of delegation member
anonymous.

316

HRRJ Handbook, pp. 3-4, 14-19.

317

HRRJ Handbook, pp. 14-18.

recording conversation with detainee who asked to remain
b6

recording conversation with one of the detainees who asked to
recording conversation with the other detainee who asked to remain

318

HRRJ Handbook, pp. 13-14 (satisfying Detention Operations Manual, Security and Control, Standard 5, Sections
III.A.5.a and III.A.5.b).
319

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

27
DC\1028871.1

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.320 Unannounced visits to the facility’s housing areas must be
conducted on a regular basis.321 The purpose of such visits is to monitor housing conditions,
interview detainees, review records, and answer questions for detainees who do not comprehend
the immigration removal process.322 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.”323 All facilities that house ICE detainees must have “written procedures to route detainee
requests to the appropriate ICE official” and must assist detainees “who are disabled, illiterate, or
know little or no English.”324 Moreover, the Standards suggest that detainee requests be
forwarded to the appropriate ICE office within seventy-two hours and “answered as soon as
possible or practicable, but not later than seventy-two hours from receiving the request.”325
HRRJ does not meet this section of the Standards: ICE staff visits to the facility occur
infrequently and erratically. An ICE officer makes infrequent announced and unannounced
visits to HRRJ.326 HRRJ staff complained about the frequency of ICE’s visits to the facility.327
When at the facility, the ICE agent makes time to talk with detainees about their questions and
concerns.328 The wait to talk with the ICE agent is often very long.329
HRRJ staff expressed a number of difficulties created by the lack of sufficient support from
ICE. Specifically, without ICE presence, many of the detainees have unanswered questions about
their case status and filing procedures.330 In addition, it is HRRJ personnel’s understanding that it
is the ICE agent’s responsibility to fulfill many of the requirements of the legal access standards,
such as maintaining and updating the required materials in the library, screening the “Know
Your Rights Video,” and arranging for a private space for telephone calls with attorneys.331 The
lack of more prevalent ICE presence which can address these issues creates dissatisfaction and

320

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

321

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

322

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

323

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

324

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

325

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

326

Notes of delegation member

recording conversations with Lt.
b6

327

Notes of delegation member

328

Notes of delegation member

329

Notes of delegation member

and Lt. Col.
b6, b7c

recording conversations with Lt.

b6, b7c

and Lt. Col.

, recording conversations with Lt. Col.

and Capt.

, recording conversations with Lt. Col.

and Capt.

b6, b7c

330

Notes of delegation member

, recording conversations with Lt. Col.

and Capt.

331

Notes of delegation member

, recording conversations with Lt. Col.

, Lt.

b6, b7c

28
DC\1028871.1

b6, b7c

.
and Capt.

unrest among the detainees.332 HRRJ staff would like a full time ICE staff member posted to the
facility, because the facility houses more than 100 detainees.333
J.

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.334 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.335 Opportunities will be constrained only by
concerns about safety, security, the orderly operation of the facility, or extraordinary costs
associated with a specific practice.”336 Moreover, a facility’s staff shall make “all reasonable
efforts to accommodate” special food services required by a detainee’s particular religion.337
Detainees in confinement must also be permitted to participate in religious practices, consistent
with the safety, security, and orderly operation of the facility.338
HRRJ meets this section of the Standards: HRRJ provides reasonable and equitable
opportunities for detainees to practice their faith. The HRRJ chaplain works closely with a
variety of religious organizations of different faiths which regularly visit the inmate/detainee
population.339 HRRJ also allows detainees to possess religious materials such as the Bible or
Koran, and provides special accommodations for religious practice such as kosher meals.340
However, detainees are generally denied access to religious oils and are not allowed to wear
religious headgear.341 Interviews with detainees indicated that the detainees were provided
adequate opportunities and resources to practice their faith.342
K.

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.”343 Participation must be

332

Notes of delegation member

, recording conversations with Lt. Col.

333

Notes of delegation member

recording conversation with Lt. Col.

334

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

335

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

336

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

337

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

338

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

339

Notes of delegation member

340

Notes of delegation member

b6, b7c

recording conversation with Lt.
recording conversation with Lt.

b6, b7c

341

Notes of delegation member

recording conversation with Lt.

342

Notes of delegation member

recording conversation with detainee

343

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

29
DC\1028871.1

and Capt.

b6, b7c

voluntary, and detainees may not work more than eight hours per day, and forty hours per
week.344
HRRJ does not fully meet this section of the Standards: detainees are provided an
opportunity to work in the facility should they choose to do so, but are not compensated for
their work.345 Detainees may work in the laundry room and the kitchen, or serve as a facility
maintenance worker.346 However, the facility does not compensate any inmates or immigration
detainees, for their work.347
L.

Detainee Transfer

When transferring a detainee, the Standards require ICE to take into consideration whether a
detainee is represented before the immigration court, and the location of the attorney and the
court.348 The Standards require ICE to notify a detainee’s legal representative of record that the
detainee is being transferred.349 Indigent detainees will be permitted to make a single domestic
telephone call at government expense upon arrival at their final destination; non-indigent
detainees will be permitted to make telephone calls at their own expense.350 Records including
the detainee’s Alien File (“A-file”) and health records (or transfer summary for IGSAs) must
accompany the detainee.351 Prior to transfer, medical personnel must provide the transporting
officers with instructions and any applicable medications for the detainee’s care; medications
must be turned over to an officer at the receiving field office.352 A detainee’s legal materials,
cash, and small valuables shall always accompany the detainee to the receiving facility; larger
items may be shipped.353
HRRJ meets this section of the Standards: HRRJ makes arrangements for the receipt of
transferred detainees’ files, health records, medication, and personal property.354
However, detainees did report problems with transfers that should be resolved by ICE:
that they were not provided with proper food and medicine during transfer, that ICE did
not contact a detainee’s attorney upon transfer. When detainee-transfers arrive at HRRJ,

344

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

345

Notes of delegation member

recording conversations with Lt.

recording conversation with Lt. Col.

b6, b7c

and detainee

b6, b7c

346

HRRJ Handbook, pp. 27-28.

347

Notes of delegation member

348

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

349

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

350

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

351

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

352

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

353

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

354

Notes of delegation member

recording conversation with Sgt.

30
DC\1028871.1

b6, b7c

detainees interviewed reported that they were always allowed telephone calls.355 However, there
are no special procedures for providing them with phone calls.356 Rather, immigration detainees
go through the same intake process as other detainees and are allowed to utilize the inmate phone
system once they are escorted to their initial housing assignment.357
HRRJ detainees said that they were not provided proper food and medicine during their
transfer to HRRJ,358 and one detainee said she was transferred to HRRJ without any notice to her
attorney, in violation of the Standards.359 Detainees also indicated that their transfer to HRRJ
has placed them hundreds of miles away from attorneys, families, and the immigration courts
with jurisdiction over them.360 The Standards discourage the transfer of detainees to facilities
outside reasonable driving distance from the offices of their attorneys and the immigration courts
where they have proceedings scheduled.361
M.

Detainee Deaths

The standards require that all facilities have written policies and procedures to address
detainee death that include procedures for notifying all concerned, including next of kin and
ICE.362 The facility should assemble certain specific information about the deceased detainee,
including, for example, the detainee’s name, alien registration number, date of birth, date, time,
and location of death, apparent cause of death, etc.363 The facility should have procedures to
forward personal property and remains to the next of kin.364
HRRJ appears to meet this standard: HRRJ has policies in place to ensure timely
and sensitive notification of appropriate individuals and care and disposition of the
remains. HRRJ has a written policy on deaths in detention, detailing when and how next of kin
will be notified.365 The policy does not specify procedures when handling immigration detainees.
However, according to HRRJ staff, if an immigration detainee is involved, staff contacts ICE
355

Notes of delegation member
recording conversations with detainee
b6
and detainee who asked to remain anonymous.
356

Notes of delegation member

357

HRRJ Handbook, pp. 4, 21.

358

Notes of delegation member
asked to remain anonymous.
359

Notes of delegation member
anonymous; Detention Operatio

, recording conversation with Sgt.

, recording conversations with detainee

b6, b7c

and detainee who

recording conversation with detainee who asked to remain
curity and Control, Standard 4, Sections III.A.1 and H.2.

360

b6
Notes of delegation member
, recording conversation with detainee b6, b7c who is currently
located about four hours away from his attorney in the District of Columbia. Notes of delegation member b6
b6
recording conversation with detainee who asked to remain anonymous, who is also about four ho
y
from the detainee’s attorney, who is based in Fairfax, Virginia.

361

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

362

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

363

Detention Operations Manual, Health Services, Standard 4, Section 5.

364

Detention Operations Manual, Health Services, Standard 4, Sections F & G.

365

HRRJ Policies and Procedures, Section 10.22, Inmate Death (“HRRJ Policy on Inmate Death”) (Attachment J).

31
DC\1028871.1

immediately after the scene is controlled and local police have been called.366 Remains are sent
to a crime lab until released to the family. 367 Staff stated that an autopsy is mandatory,368 but the
HRRJ policy on inmate death said that postmortem examination should be requested only in
certain circumstances, if the cause of death is unknown, if the death occurred under suspicious
circumstances, or if the deceased was not under current medical care at the time of death.369 In
addition, according to HRRJ staff and HRRJ Policy on Inmate Death, an “investigative report
setting forth in detail the pertinent facts of a death” shall be created for each inmate death.370
The policy does not specify whether this report includes all of the details required by the
standards.
VI.

CONCLUSION

HRRJ meets the requirements of several of the ICE Detention Standards, but fails to meet a
number of sections. We have the following recommendations:
•

The delegation observed that HRRJ staff are dedicated, proud, and determined to comply
with, and indeed, exceed, all established standards. Staff is open to and interested in
hearing feedback. HRRJ staff should be provided with a copy of this report and other
similar reports about HRRJ’s performance, redacted if necessary, and a copy of the
Standards, so that HRRJ staff can begin to make the necessary changes.

•

To facilitate detainees’ access to ICE and ensure adequate ICE oversight of the facility,
ICE should provide staff to make regular scheduled and unscheduled visits to HRRJ, or
post a full-time staff member to the facility.

•

To facilitate personal visitation, HRRJ should allow for longer visits (at least thirty
minutes per the standards) 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
accommodate detainee requests to make private telephone calls to their attorneys. HRRJ
should also reposition the telephones or provide additional telephone access to ensure
detainees have privacy on calls pertaining to legal matters. HRRJ should not record phone
calls absent a court order. HRRJ should not limit legal calls to fifteen minutes. HRRJ
should not deny phone access to detainees in disciplinary segregation; and should provide
the same telephone privileges to detainees regardless of where the detainee is housed.

366

Notes of delegation member

367

Notes of delegation member

368

Notes of delegation member

369

HRRJ Policy on Inmate Death, p. 3.

370

HRRJ Policy on Inmate Death, p. 3; notes of delegation member
Col. b6, b7c

, recording conversation with Lt. Col.
b6

, recording conversation with Capt.
, recording conversation with Capt.

32
DC\1028871.1

b6, b7c

b6, b7c
b6, b7c

recording conversation with Lt.

•

To support 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
the materials are current and accessible from computer terminals. HRRJ should also revise
the Handbook to include information on how to request additional materials or notify staff
of missing or damaged materials. And HRRJ should ensure that the “Know Your Rights”
video is shown to detainees.

•

If HRRJ is to continue housing detainees for more than a very short time, outdoor
recreation should be provided.

•

HRRJ should ensure that detained women are not housed with violent or assaultive inmates
or detainees.

•

Detainees should be compensated monetarily for their work at the facility.

•

ICE should provide detainees who are transferred to and from HRRJ with adequate food
and medicine during transfer. ICE should also contact attorneys to notify them of their
clients’ transfers.

33
DC\1028871.1

and

Facility Name: HAMPTON ROADS REGIONAL JAIL, Portsmouth, VA
Date of Tour: July 31, 2007
rticipants: Latham & Watkins LLP attorneys and summer associates
b6

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

Standard 17, Visitation
I. To maintain detainee morale and family
relationships, [ICE] encourages visits from family and
friends.
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 17, Visitation
III.I.2. Hours. The facility shall permit legal visitation
seven days a week, including holidays. It shall permit
legal visits for a minimum of eight hours per day on
regular business days, and a minimum of four hours
per day on weekends and holidays. … On regular
business days, legal visitations may proceed through a
scheduled meal period.
III.I.9. Routine official counts shall not terminate
attorney visits.
Standard 16, Telephone Access
I. Facilities holding [ICE] detainees shall permit them
to have reasonable and equitable access to telephones.
III.A. The facility shall provide detainees with
reasonable access to telephones during established
facility waking hours ….
III.B. [T]he facility shall provide telephone access rules
in writing to each detainee upon admittance, and also
shall post these rules where detainees may easily see
them.

Visiting hours are five days per week, with no
visits on weekends or holidays. (p.5 ¶3)
Visits last only twenty minutes. (p.5 ¶3)

Lt.
Cap
Sgt.

The Handbook states that attorneys are
permitted to visit only “during normal business
hours,” except during meals, counts, and
lockdowns. (p.4 ¶3) However, facility staff stated
that staff will allow a detainee to meet with his
attorney whenever the attorney arrives. (p.4 ¶3)

HRRJ Handbook;
Sgt.

Some detainees complained about lack of access
to telephones, that phones were frequently
broken, or that they heard loud static when
attempting to use the phones. (p.6 ¶3)
The rules and instructions are posted
approximately ten feet from the phones, making
it difficult to consult them when attempting to
use the phones. (p.6 ¶2)

Detainee

ABA Commission on Immigration - Detention Standards Implementation Initiative

and

b6, b7c

ICE Response

b6, b7c

Source
b6, b7c
b6, b7c

Delegation Report

b6, b7c

ICE Standard*

and
anonymous
detainee.
Delegation
observations.

5/2/2008

The immigration law library had only one
computer (for 133 detainees). (p.12 ¶2)

ABA Commission on Immigration - Detention Standards Implementation Initiative

detainee.
Delegation
observations;
Capt.

Lt. Col.

b6, b7c

Standard 16, Telephone Access
III.G. Staff shall permit detainees in the Special
Management Unit for disciplinary reasons to make
direct and/or free calls … except under compelling
security conditions. These conditions shall be
documented.
Standard 1, Access to Legal Material
III.A. The facility shall provide a law library in a
designated room with sufficient space to facilitate
detainees’ legal research and writing. The law library
shall be large enough to provide reasonable access to
all detainees who request its use.
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.

Detainees are not able to make private telephone
calls because the phones are all located in the
middle of the housing units with no privacy
safeguards. (p.8 ¶2) HRRJ staff made it clear
that they do not have the manpower to
accommodate attorney requests to speak with a
prisoner on the phone in a private setting. (p.8
¶2)
All phone conversations made on the outgoing
phones are recorded. However, the calls are not
monitored, and tapes of phone calls are erased
within a short period of time unless security
concerns require monitoring. (p.8 ¶2)
Detainees placed in the SMU for disciplinary
reasons do not have access to telephones. (p.9 ¶3)

b6, b7c

HRRJ Handbook.
Capt.
detain
; and

b6, b7c

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.

The Handbook states that inmates may not
receive any incoming calls and messages will be
taken only in the case of emergencies. (p.9 ¶1)
However, staff will take messages from attorneys
to detainees. (p.9 ¶1)

b6, b7c

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

b6, b7c

Delegation
observations.

5/2/2008

The library did not contain all of the materials
required by the standards. The books and
binders were outdated. The library materials
were last updated in 2003. (p.11 ¶3)

Delegation
observations;
Programs Law
Library Inventory
List.

Detainees housed in segregation or in other
housing units are only provided access to a
“rolling library” unless they have a compelling
need to use the law library. (p.10 ¶1)

Lt. C
Capt.

The Handbook does not specify how to request
additional time in the library. (p.13 ¶2)

HRRJ Handbook.

No informational posters are displayed in the
housing units. (p.14 ¶2)
HRRJ personnel do not show the “Know Your
Rights” video to detainees, and stated that it was
the responsibility of the ICE agent assigned to
the facility to show this video to detainees.
HRRJ personnel could not specify how often this
video is shown. (p.14 ¶4)

Capt.
deleg
observations.
Capt.

b6, b7c

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7c

b6, b7c
b6, b7c

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.
III.E. The facility shall designate an employee with
responsibility for updating legal materials, inspecting
them weekly, maintaining them in good condition, and
replacing them promptly as needed.
9. Standard 1, Access to Legal Material
III.G. The facility shall…permit all detainees,
regardless of housing or classification, to use the law
library on a regular basis.
III.M. Detainees housed in … Segregation units shall
have the same law library access as the general
population, unless compelling security concerns
require limitations.
10. 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; ….
11. Standard 9, Group Presentations on Legal Rights
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.
III.I. Videotaped presentations. The facility shall play
[ICE]-approved videotaped presentations on legal
rights, at the request of outside organizations. … The
facility shall provide regular opportunities for
detainees in the general population to view the
videotape.

5/2/2008

12. Standard 1, Access to Legal Material
III.N. The facility will provide indigent detainees with
free envelopes and stamps for mail related to a legal
matter….
Standard 3, Correspondence and Other Mail
III.I. Postage Allowance. Indigent detainees will be
permitted to mail a reasonable amount of mail each
week, including at least five pieces of special
correspondence and three pieces of general
correspondence.
13. Standard 13, Recreation
III.A.3. All new or renegotiated contracts and IGSAs will
stipulate that [ICE] detainees have access to an outdoor
recreation area.
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.

According to the Handbook, indigent detainees
are provided with sufficient paper, envelopes,
and stamps to send five letters per week, rather
than the eight pieces required by the Standards.
(p.16 ¶2)

HRRJ Handbook.

No outdoor recreation is available. (p.17 ¶3)

Delegation
observations.

ABA Commission on Immigration - Detention Standards Implementation Initiative

5/2/2008

When describing routine care the detainees receive,
staff did not state that the required physical exam
within 14 days of arrival is part of this care. (p.19
¶1)
Detainees interviewed by the delegation complained
about long waits and difficulty in accessing nonemergency medical care. (p.20 ¶1)
Detainees are only provided with a dental screening
after having been at the facility for ninety days.
(p.21 ¶2)

Delegation
observations.

Most women inmates and detainees are housed
together in a single female housing unit, and
apparently even violent women inmates could be
housed in this unit together with nonviolent
detainees. (p.23 ¶1)

Lt. Col.
delegati

One detainee stated that grievances were not
responded to in a timely manner. (p.25 ¶1)

Anonymous
detainee.

b6, b7c

ABA Commission on Immigration - Detention Standards Implementation Initiative

Capt.

b6, b7c

Anonymous
detainee; detainee
b6, b7c

14. 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.
III.D. A health care provider of each facility will conduct
a health appraisal and physical examination on each
detainee within 14 days of arrival at the facility.
III.E. Dental Treatment. An initial dental screening exam
should be performed within 14 days of the detainee’s
arrival.
III.F. Each facility will have a mechanism that allows
detainees the opportunity to request health care services
provided by a physician or other qualified medical
officers in a clinical setting. All facilities must have a
procedure in place to ensure that all request slips are
received by the medical facility in a timely manner….
Each facility will have regularly scheduled times, known
as sick call, when medical personnel will be available to
see detainees who have requested medical services.
15. Standard 4, Detainee Classification System
III.E.1. Level 1 Classification. May not be housed with
Level 3 Detainees.
III.E.2. Level 2 Classification. … May not include any
detainee with a pattern or history of violent assaults,
whether convicted or not.
III.F. The classification system shall assign detainees to
the least restrictive housing unit consistent with facility
safety and security. … 2. Levels one and two may be
mixed, and high level twos and level threes may be
mixed, when a facility is at or above full capacity. 3.
Under no circumstances will a level two detainee with a
history of assaultive or combative behavior be placed in a
level one housing unit.
16. Standard 5, Detainee Grievance Procedures
III.A.1. Informal/Oral Grievance. The facility shall make
every effort to resolve the detainee’s complaint or
grievance … in an orderly and timely manner.…

5/2/2008

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7c

20. Standard 18, Voluntary Work Program
I. Every facility with a work program will provide
detainees the opportunity to work and earn money.

Lt.

b6, b7c
b6, b7c

b6, b7c

19. 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 ….

and
s

Two anonymous
detainees.

b6, b7c
b6, b7c

Detainee
two anon
detainees.

b6, b7c

18. Security and Control Standard 5, Disciplinary Policy
III.A.2. Disciplinary action may not be capricious or
retaliatory.

One detainee indicated that the entire facility had
been placed on lockdown as a result of her filing
grievances. Another detainee also stated that after
some individuals filed grievances the facility was
placed on lockdown. Another detainee stated that
her cell was searched in the middle of the night after
she filed a grievance (p.25 ¶1)
Two detainees said that officers encouraged them to
plead guilty to disciplinary violations they did not
commit. One of these detainees asserted that he/she
was falsely accused of pushing an officer and was
then asked to sign a disciplinary report that did not
articulate the charges to which the detainee was
agreeing. The other detainee stated that he/she was
falsely accused of attacking an officer and was then
told that if he/she did not agree to the charge there
would be a more severe punishment. (p.27 ¶1)
An ICE officer makes infrequent announced and
unannounced visits to HRRJ. (p.28 ¶2)
HRRJ staff complained about the frequency of
ICE’s visits to the facility, and expressed a number
of difficulties created by the lack of sufficient
support from ICE. They stated that without ICE
presence, many of the detainees have unanswered
questions about their case status and filing
procedures. (p.28 ¶¶2-3)
Detainees are provided an opportunity to work in
the facility should they choose to do so, but are not
compensated for their work. (p.30 ¶2)

b6, b7c

17. Standard 5, Detainee Grievance Procedures
III.D. Retaliation. Staff will not harass, discipline, punish,
or otherwise retaliate against a detainee lodging a
complaint.

Lt. Col.

Lt. Col.
apt.

Lt. Col.
etainee

5/2/2008

ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainee
and anon
detainee.
Anonymous
detainee.
Detainee
and anon
detainee.

b6, b7c

HRRJ detainees said that they were not provided
proper food and medicine during their transfer
to HRRJ. (p.31 ¶2)
One detainee said she was transferred to HRRJ
without any notice to her attorney. (p.31 ¶2)
Detainees indicated that their transfer to HRRJ
has placed them hundreds of miles away from
attorneys, families, and the immigration courts
with jurisdiction over them. (p.31 ¶2)

b6, b7c

21. Security and Control Standard 4, Detainee Transfers
I. In deciding whether to transfer a detainee, ICE will
take into consideration whether the detainee is
represented before the immigration court.
III.A.1. ICE shall notify the detainee’s representative
of record that the detainee is being transferred ….
III.D.6.D. Medications. Prior to transfer, medical
personnel will provide the transporting officers with
instructions and, if applicable, medication(s) for the
detainee’s care in transit.
III.H.2. Food During Transfer. During transfers, food
shall be provided to detainees in accordance with the
“Meals” section of the Detention Standard
“Transportation (Land Transportation).” This
standard requires, among other things, that the
transporting officers will provide meals and snacks
during any long-distance transfer that exceeds six
hours.

5/2/2008

The Habeas Citebook Ineffective Counsel Side