MEMORANDUM
To:

Anthony S. Tangeman, Deputy Executive Commissioner Office of Detention and
Removal

From: American Bar Association Delegation to the Houston Processing Center 1
Re:

Report on Observations during a General Tour of the Corrections Corporation of
America, Houston, Texas facility

Date: June 4, 2003
This memorandum summarizes and evaluates information gathered at the Corrections
Corporation of America ("CCA"), Houston, Texas facility ("Houston Processing Center" or
"HPC"), through discussions with HPC and local Immigration and Naturalization Services
personnel, interviews of detainees, and observations by delegation members during the
delegation's January 22, 2003 visit.
I.

INS Detention Standards

The Immigration and Naturalization Service promulgated the "INS Detention Standards"
in November 2000 to insure the "safe, secure and humane treatment of individuals detained by
the INS." The thirty-six Standards contained in the Detention Operations Manual cover a broad
spectrum of issues ranging from visitation policies to grievance procedures and food service.
These standards apply to INS Service Processing Centers ("S.P.C."), Contract Detention
Facilities ("C.D.F."), and state and local government used by the INS through Intergovernmental
Service Agreements ("I.G.S.A."). The Detention Standards went into effect at INS S.P.C.s on
January 1, 2001. The INS intended to phase-in the standards in all of its contract facilities, and
state and local facilities, by December 31, 2002. The INS Detention Standards constitute a
"floor" not a "ceiling" for treatment of INS detainees. In other words, they are meant to establish
the minimal requirements that INS must adhere to in its facilities. Each District Office or Officer
in Charge ("OIC") may, in his or her discretion, promulgate policies and practices affording INS
detainees more enhanced rights and protections than those provided for by the Standards.
II.

Introduction
A.

The Delegation's January 22nd Visit

On Wednesday, January 22, 2003, the members of our delegation met with several
members of CCA's HPC staff and a representative from the INS at the Houston Processing
Center, which is located at 15850 Export Plaza Drive, Houston, Texas. Our delegation first met
b6, b7C
b6, b7C
primarily with Warden
Assistant Warden
and INS Field Officer b6, b7C
During the course of this meeting, our tour of the facilities, and the post-tour follow-up
b6, b7C
1

The delegation was comprised of
& McKenzie (Houston),
b6
Patterson (Houston),
b6
Santos, Jr. (Houston)

HOULIB1, 109506.6

Partner at Baker & McKenzie (Houston),
b6
b6
Partner at Bracewell & Patterson (Houston),
b6
ssociate at Baker & McKenzie (Houston), and

b6
Partner at Baker
Associate at Bracewell &
Law Offices of Renato

discussion, we met with other CCA and INS personnel who discussed different aspects of the
b6
b6
facilities and operations:
Managing Director;
Quality Compliance
b6, b7C
b6
Officer;
INS Officer in Charge; and
Health Care Service
Administrator. Where appropriate, this report will attribute statements to the particular
individual who made them.
B.

General Information About HPC

The Houston Processing Center is a contract detention facility. CCA personnel informed
us that HPC has the capacity to house 506 detainees. 2 According to CCA personnel, HPC's daily
count is greater than capacity because INS regularly holds detainees at HPC for very short
periods of time (i.e., one day or less) as they are being transported to deportation at Houston
Intercontinental Airport or after being picked up at the airport for passport problems. 3
HPC only has regular accommodations for male detainees. A planned expansion of the
facility that will add approximately four hundred fifty new beds will include accommodations for
female detainees. 4
Warden b6, b7C and Assistant Warden b6, b7C initially estimated that, in general, ninety
percent (90%) of the detainees are from Mexico, Guatemala, Honduras, or El Salvador, with
substantial populations also from Vietnam and Cuba. The ethnic breakdown of the HPC
detainee population on the day of our visit was:
•
•
•
•

354 Hispanics (approximately 70%)
41 Asians (approximately 8%)
11 Caucasians (approximately 2%)
78 Blacks (could be from African or Latin American countries) (approximately
15%)
25 others (Arabs, Russian, South Asians) (approximately 5%) 5

•

The average stay for detainees at the HPC is approximately forty to forty-five days.
Those from Mexico, El Salvador, Honduras, and Guatemala generally have stays that are shorter
(approximately twenty to thirty days). However, detainees from countries that will not issue
travel documents for them, such as Cuba and Vietnam, have stays that are substantially longer
than the average. 6
Warden b6, b7C stated that the vast majority of detainees have been charged with a criminal
violation. 7 He also stated that the HPC rarely transfers any detainees to other facilities, and
2

b6
b6
Mr.
, Ms.
and Mr.
HPC's capacity is 411. See Ms. b6
no
3
Mr. b6 and Mr. b6 notes.

4
5
6

Mr.
Ms.
Mr.

b6

notes. The CCA website (www.correctionscorp.com/tour2.html) states that

notes.

b6
b6

and Mr.

b6

Mr.

b6
b6

notes.
Ms.

b6

and Mr.

b6

notes.

7

b6
b6
b6
Mr.
, Mr.
Mr. b6 Ms.
and Mr. b6 notes. Note that the severity of the violation may
vary, however. For example, the detainee interviewed by Ms. b6 stated that the he had been convicted of public intoxication,

HOULIB1, 109506.6

2

estimated that they have transferred only ten to fifteen detainees in the last three years.
According to Warden b6, b7C when most detainees leave the HPC they are either deported or
released. 8 This estimate of transfers from the HPC contradicts the account that one of our
delegation members received from other attorneys that he interviewed who told him that
transfers of their clients without notice to counsel had been a problem. 9
Based on his twenty-seven year career with the Texas Department of Corrections,
Warden b6, b7C described the detainees as being much less violent than inmates in state prisons. 10
While he acknowledged that there were occasional fights among the detainees, 11 he attributed
the overall better behavior to the facts that there were fewer violent offenders in the detention
center and the detainees recognize the connection between their conduct and their ability to
return home quickly. 12
III.

Observations of Implementation of Legal Access Standards
A.

Legal Access/Visitation
i.

Visitation by Attorneys

The INS Standards provide that facilities should allow detainees to meet privately with
their current or prospective legal representatives and legal assistants and to meet with their
consular officials. 13
Attorneys are allowed to visit seven days a week at the HPC. The visiting hours are 8:00
am to 5:00 pm Monday thru Friday and 3:00 pm to 7:00 pm on weekends and holidays. These
hours are posted both in the general waiting area and in the housing area. 14 A detainee may
continue to visit with his attorney through meals or "counts" 15 and, in the event a detainee skips
a meal due to such a visit, the meal is made available to the detainee in the visiting area. 16
The area designated for attorney visits is semi-private and consists of a table with a series
of temporary cubicles/dividers. There is only enough space for four attorney visits to occur
simultaneously. The cubicles are located in the hallway leading into the intake processing area.
It appears to be a highly trafficked area and is observable by the HPC staff. 17 According to the
a misdemeanor. Whereas, the detainee interviewed by Mr.
in TDC.
8
b6
Mr.
, Mr. b6 and Mr. b6 notes.
9
10
11

13
14

Mr
Ms.

notes of conversation with Ms.

b6

Mr.

Ms.

b6

b6

and Mr.

b6

had been convicted of aggravated robbery and served five years

b6

b6, b7C

notes.

notes. On the day of our visit, a detainee from Liberia was in administrative segregation for fighting. Mr.

b6

b6

notes.

Mr.

b6

Ms.

b6

and Mr.

b6

notes.

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

b6

notes.

15

Every day, HPC requires the detainees to gather per dormitory so that staff can count them to ensure that all of the detainees
are accounted for.
16
Mr. b6 notes.
17

Ms.

b6

notes.

HOULIB1, 109506.6

3

HPC staff, private rooms are available for attorney visits upon request. The room that the HPC
staff showed our delegation as being used for this purpose is also the "disciplinary hearing room"
and is so labeled. 18 All attorney visitation areas allow for "contact" visits. All detainees are
subject to a "pat down" search after an attorney visit. 19
In order for an attorney to visit a detainee at the HPC, the attorney must have and present
a bar card. 20 Legal assistants and interpreters are allowed to visit detainees; however, they must
have a letter from an attorney on file, a back ground check must be run, 21 and they must get preapproval from the INS. 22
ii.

Visits by Family and Friends 23

In order to facilitate the INS policy of encouraging visitation by detainees' family and
friends, the INS Standards require that all facilities establish written visitation procedures. 24
The HPC Handbook provides that one hour visits by family and friends may be scheduled
on either Saturday or Sunday from 7:00 a.m. to 3:00 p.m. Only one visit per weekend is allowed
and the assigned day does not rotate. 25 During "holidays," visits last thirty minutes, and the
duration can be shortened at any time due to "security risks, count or other unanticipated
events 26 ."
Detainees are asked at intake to list six visitors' names (ages 18 and above). Only two of
these individuals and two minor children are allowed during a single visit. The Chief of Security
must approve in advance any change to the names on a detainee's list of visitors.
On the day of a visit, visitors enter the visiting area in the order in which they arrive.
After visitors pass through a metal detector, all visits are contact visits. The visits take place in a
large room with tables, chairs and vending machines. Detainees are strip-searched following
visits.
The HPC Handbook does not address visits to Administrative or Disciplinary Segregation
Detainees. Warden Cook stated that these detainees are allowed to receive visitors in accordance
with the INS Standards. 27

18

Ms.

b6

notes.

19

b6, b7C
Mr. b6 notes. See, however, Ms. b6
notes from interview with detainee
(Mr. b6, b7C stated that
he believed that he would be strip searched after an attorney visit. Mr. b6, b7C however, has never seen an attorney.)
20
Ms. b6
notes.

21

Warden b6, b7C stated that background checks are now required due to the fact that family members were visiting detainees
claiming to be legal assistants or interpreters.
22
Mr. b6 notes.
23
24

See VISITING PROCEDURES, HPC Handbook at p. 6.
Detention Operations Manual, Detainee Services, Standard 16, Section III.A.

25

It is hoped that families who are prevented by work or religious practice from visiting on either the assigned Saturday or
Sunday could make special arrangements to visit on a different day.
26
HPC Handbook at p. 6.
27

Mr

b6

notes.

HOULIB1, 109506.6

4

B.

Telephone Access

The INS Standards provide that the facilities shall permit detainees to have reasonable
and equitable access to telephones. 28
The main detainee access to telephones at the HPC is in the dormitory area and the
detainees may freely access the telephones located in such areas. There are telephones in each
dormitory area with a ratio of approximately one telephone per twenty-two detainees. 29 The
telephones in each dorm are not private, but are located in open areas where it appears that
background noise from the television and other detainees could interfere. 30 In addition, all
phone conversations are subject to monitoring by the HPC staff. This policy is posted next to the
phone and stated by a recording prior to each phone call. 31 The HPC staff stated that they rarely
monitor ordinary phone calls and never monitor attorney phone calls, though how this distinction
is made was not explained. 32 Some detainees explained that they found this condition
prohibiting. 33
The phones located in the dormitories are accessible by use of a prepaid calling card
costing approximately $0.50/minute. 34 Using this calling card, detainees can call anyone they
want and may talk for up to fifteen minutes before the phone automatically cuts off. 35 A
detainee may place as many successive fifteen minute phone calls as he wants, subject to other
detainees needing to use the phone. 36
In the event a detainee does not have money, collect calls may be made from the
dormitory phones; however, we understand that many numbers do not accept collect calls from
HPC. 37 The HPC staff explained to our delegation that a detainee encountering such a problem
would need to contact the person that he is trying to call and straighten such a situation out with
the phone company. 38 However, it is unclear how a detainee would contact such a person in
order to remedy the situation.
If a detainee is unable to use the dormitory phones, the HPC staff will allow the detainee
to use one of two pay phones located in the hallway of the intake area next to the attorney
28

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

29

Mr. b6 notes. There are three telephones located in each large dorm (containing 60-75 detainees) and two in each small
dorm (containing approximately 40 detainees).
30
Ms. b6
notes.
31
32
33

Mr.
Ms.
Mr.

notes.

b6

notes.

b6
b6

interview with detainee

Mr.

b6, b7C

b6

interview with detainee

b6, b7C

b6, b7C

Ms. b6
interview with detainee Mr. b6, b7C
It is interesting to note that Ms. b6 claimed to not know how much
phone calls from the HPC cost detainees -- that the issue was between the detainee and the phone company. Ms. b6
notes.
35
Ms.
notes.
36

b6

Ms.

notes. Detainee Mr. b6, b7C reported that he never really had problems waiting to use the phone. Detainee Mr.
stated that the wait is typically 15 minutes.
37
b6
Ms.
notes. Mr.
also tried to make a collect call to his office from the phone, but got a message saying that
b6
the number was "restricted."
38
Ms. b6
notes.
b6, b7C

HOULIB1, 109506.6

5

visitation area. 39 The HPC staff stated that in the event a detainee is indigent they will give him
a quarter and allow him to use the pay phone. 40 A detainee can call any of the consulates
without a charge. 41 HPC also provides notice of toll-free numbers for detainees to use to contact
pro bono legal services. 42 The delegation did not inquire and were not told whether detainees
were allowed to make free calls to courts, as they should be.
There were bulletin boards present next to the telephones in the dormitory where
instructions were posted both in English and Spanish on how to use the phone. Also posted were
a number of pro bono organizations offering assistance and consular telephone numbers. 43
C.

Legal Materials

The INS Standards provide that all facilities holding INS detainees must permit detainees
to have access to a law library, and provide legal materials, facilities, equipment and document
copying privileges, and the opportunity to prepare legal documents. 44
i.

Material Identified in the INS Standards

The INS Standards require all law libraries to contain the materials listed in Attachment
A of the Access to Legal Materials chapter of the Detention Operations Manual. 45 These
materials must be updated regularly and information must be added on significant regulatory and
statutory changes regarding detention and deportation of aliens in a timely manner. In addition,
the INS Standards require that the facility post a list of holdings in the law library and designate
an employee with responsibility for updating materials, inspecting them weekly, and maintaining
them in good working order. 46
Ms. b6 is the HPC staff member charged with ensuring that the library meets the
requirements set out in the INS Standards. 47 Ms. b6 acknowledged that certain material on
the standards list were not available in the library, however, we were unable to discern precisely
which items were missing. She said that they were in the process of making an inventory of what
needs to be added in order to bring the library up to date. The justification made for not having
all of the materials on the list was that detainees tear out certain important pages, making a
particular publication unusable. 48
ii.
39

Detainee Mr.

40

Ms.
30 day
41
Ms.
42
43
44
45
46
47
48

Library Conditions

b6, b7C

reported to Mr.

b6

that the wait to use such phones can be up to one week.

b6

notes. Note that to be considered indigent a detainee must have less than $3 in his account at HPC for more than

b6

notes.

Delegation's notes.
Mr.

b6

and Ms.

b6

notes.

Detention Operations Manual, Detainee Services, Standard 1, Section I.
Detention Operations Manual, Detainee Services, Standard 1, Section III.C.
Detention Operations Manual, Detainee Services, Standard 1, Section III.D.
Ms.
Mr.

b6
b6

notes.
notes.

HOULIB1, 109506.6

6

The INS Standards provide that each facility shall provide a law library in a designated
room with sufficient space to facilitate detainees' legal research and writing. The library shall
contain a sufficient number of tables and chairs in a well-lit room, reasonably isolated from noisy
areas. 49
The HPC library is reasonably well lit and off of a hallway without much noticeable
traffic. The library is large enough to accommodate four large working tables with chairs. 50
According to the HPC staff, there are approximately fifteen detainees that use the library per
night; it does not appear that the library can accommodate more than that. 51
iii.

Photocopies and Mail

The INS Standards provide that each facility shall ensure that detainees can obtain
photocopies of legal material, when such copies are reasonable and necessary for legal
proceedings involving the detainee. 52 In addition, each facility shall 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. 53
A detainee may request that copies be made and such copies are charged against that
detainee's account. The cost for such copies is $0.10/page. 54 These requests are fulfilled every
Tuesday and Friday. 55 In the event a detainee is indigent (i.e. has less than $3 on his account for
more than thirty days) he may make copies for free, but such requests are limited to three
copies. 56 In addition, indigent detainees are provided with five stamps, five envelopes, paper,
and a writing instrument. 57
iv.

Computer Access, Equipment and Holdings

The INS Standards require that the library provide an adequate number of typewriters
and/or computers, writing implements, paper, and office supplies to enable detainees to prepare
documents for legal proceedings. 58
The law library of the HPC has two typewriters and one computer. 59 CCA personnel
informed our delegation that the computer had been installed approximately a week before our
49
50
51
52
53
54
55

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

notes.
b6

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

interview with detainee Mr.
b6

Mr.

56

b6
Ms.
court), Mr.
57
Ms.
b6

58
59

notes.

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

interview with detainee Mr.

HPC Manual, p. 11.
b6, b7C

HPC Manual, p. 11.

notes, HPC Manual (stating that indigents are allowed 3 copies of each piece of legal paper that must be sent to
b6, b7C
interview with detainee
(stating that indigents were allowed 3 copies per day)
and Mr. b6 notes.

b6

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

b6

notes.

HOULIB1, 109506.6

7

tour of the facility, but some of the detainees told delegation members it had only been put in the
day before. 60 The computer provides access to certain Lexis databases. 61 The computer has no
printing capability. 62 A detainee may request that the HPC staff obtain a copy of any legal
material that he locates on the computer, although it is unclear exactly how this process works. 63
Over two thirds of the books in the library were leisure reading materials. 64 The
remainder were reference materials and included a Texas criminal code, several sets of old
encyclopedias, materials regarding math, and a few very old telephone books. 65 There were very
few Spanish language books in the library. 66 At least one detainee complained that there was no
English-Spanish dictionary. 67 The HPC staff claimed that the reason that there were not more
Spanish language books in the library is that they were all checked out. This is questionable,
however, due to the fact that there was no room on the bookshelves for such books. 68
v.

Access to the Library

The INS Standards require that the facility devise a flexible schedule to permit all
detainees, regardless of housing or classification, to use the law library on a regular basis for a
minimum of five hours per week. These five hours should not cause a detainee to miss a meal,
recreation time, or any other planned activity. 69
The library hours at the HPC are 8:30 am to 4:00 pm and 6:00 pm to 8:00 pm. A
detainee may use the library every day for one hour during recreation time. He is forced to
choose between the two. A detainee can request to use the library for additional time in the
evening. 70 It was reported by the HPC staff that there are approximately fifteen detainees in the
library every evening. 71 When more detainees request to use the library than the library can
accommodate, detainees are given preference based on need. 72

60
61
62
63
64
65
66
67
68
69
70
71
72

Mr.
Mr.

notes; interviews with detainees Mr.
b6

Mr.

notes.

b6

notes.
notes.

b6

notes.

b6

Mr.
Mr.

b6, b7C

notes.

Ms.
Mr.

and Mr.

notes.

Ms.
Ms.

b6, b7C

b6
b6

interview with detainee Mr.

b6, b7C

notes.

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

b6
b6
b6

notes.
notes.
notes.

HOULIB1, 109506.6

8

.

vi.

Notaries, Certified Mail, and Miscellaneous Needs Associated with
Legal Matters

The INS Standards require that the facility provide assistance to any unrepresented
detainee who requests a notary public, certified mail, or other such services to pursue a legal
matter if the detainee is unable to meet the need through family members or community
organizations. 73
Our delegation did not have sufficient time to obtain answers to these questions or verify
compliance with the standards. The HPC Manual does, however, outline procedures that a
detainee may follow in order to obtain a notary public, certified mail, or other such services. 74
C.

Group Rights Presentations

The INS Standards provide that facilities "shall permit authorized persons to make
presentations to groups of detainees for the purpose of informing them of U.S. immigration law
and procedures consistent with the security and orderly operation of the INS facility." 75
"Know Your Rights" presentations are provided by pro bono organizations every
Monday. 76 The YMCA, Catholic Charities, and the University of Houston Law School's
Immigration Law Clinic alternate making these presentations. 77 The presentations take place in
one of the multipurpose rooms at the facility and detainees are allowed to visit with the
presenters after the programs. 78 There were postings in English and Spanish in the dormitories
and on the hallway bulletin about these presentations. 79 The detainees interviewed all appeared
to be aware of the group rights presentations and at least one had attended more than one
presentation. 80 The detainees generally indicated that they felt comfortable talking openly with
the presenters after the program. 81
IV.

Other General Observations Unrelated to the Legal Access Standards
The Houston Processing Center's Detainee Handbook 82

A.

73
74
75
76
77
78
79
80
81

Detention Operations Manual, Detainee Services, Standard 1, Section III.P.
HPC Handbook, pp. 6-7.
Detention Operations Manual, Detainee Services, Standard 9, Section I.
Mr.
Mr.
Mr.
Mr.
Ms.
Mr.

and Mr.

b6

b6

notes.

notes.

b6

notes.

b6

notes.

b6
b6

b6

notes.
interview with detainee Mr.

b6, b7C

Ms.

b6

82

interview with detainee Mr.

b6, b7C

.

b6, b7C
On January 3, 2003 Mr. b6 wrote to Mr.
, SDDO, and requested that he provide a copy of the Houston
detainee handbook before the January 22, 2003 visit. CCA representatives readily provided a copy at the visit but not before.
The delegation's work was made more difficult, and possibly less effective, by their inability to obtain the HPC Handbook in
advance of the visit as it was not possible at the same time to compare thoroughly the HPC Handbook with the applicable INS
Standards and to conduct the visit and the interviews. The Houston Delegation recommends that the ABA assist future
delegations by causing a copy of the site's Detainee Manual to be provided in advance of the visit.

HOULIB1, 109506.6

9

1.

General

The INS Standards require that all detention facilities have a site-specific handbook for
its detainees. All detainees are to receive a copy of the handbook upon admission to the
facility. 83
Assistant Warden b6, b7C provided a document entitled "Introduction and Orientation for
Detainees, Corrections Corporation of America, Houston Processing Center, Revised December
2001."("HPC Handbook") A copy of the HPC Handbook is attached as Exhibit "A." The HPC
Handbook appears to meet the minimum general standard of a site-specific handbook. It
provides an overview of the detention policies, rules and procedures and describes the services,
programs and opportunities at the HPC.
Our delegation pointed out to Ms. b6 the Quality Control Manager, that the version of
the Handbook posted on the bulletin boards in the dorms and in the hallways was the August
2001 version, not the "current" December 2001 version. We did not compare the posted
handbook to the December 2001 version. Ms. b6 said that this error would be corrected
immediately. She also indicated that new bulletin boards that allow for easy posting of new
information have been ordered and will be installed soon. 84
2.

Legal Representation Section

One important section of the Handbook that is deficient is the section called "LEGAL
REPRESENTATION". 85 Instead of referring to "free" legal services or even "pro bono"
lawyers," the Handbook says that there is a list of "Pro-Bond" (sic) lawyers on the bulletin board
in each dorm. 86 Few detainees would know that a pro bono lawyer is free, and it is unlikely that
any of the detainees would know that a "Pro-Bond" lawyer is a typographical error. Given the
different meaning of the word "bond" in the immigration context, this is an extremely confusing
error that should be corrected. Despite this error, several of the detainees interviewed had been
able to obtain free legal counsel. 87
Similarly, instead of giving the "free" telephone number to call "if you have questions
concerning representation or your status …", the LEGAL REPRESENTATION section of the
HPC Handbook refers to a "previously listed 800 number." 88 Once again, few detainees can be
expected to know that an "800 number" is free. Moreover, detainees should not be expected to
refer back to a previously listed (somewhere) phone number. The LEGAL REPRESENTATION
section should clearly refer to a "free" telephone number and provide the number – not refer to a
"previously listed number."

83
84
85
86
87
88

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

notes.

b6

HPC Handbook at p. 7.
A list of pro bono lawyers was posted in the dorms. Mr.
See Mr.

b6

, Mr.

b6

and Mr.

b6

b6

notes.

HPC Handbook at p. 7.

HOULIB1, 109506.6

10

notes.

The HPC Handbook also states, "CCA/HPC provides an attorney…[to represent a
detainee] with civil cases up to the pleading stage." The HPC Handbook, however, is unclear on
what this representation would and would not include. 89 The HPC Handbook also states that an
attorney provided by CCA/HPC can only be contacted by mail using the "Request for Attorney
Conference" form "located at each post and in the law library." One delegation member reported
that he did not see any such request forms at the posts by the dorms, although he did see a
"Telephone Call Request Form" which refers to "Name of Attorney or Person to be called." 90 As
these forms were not openly available, it appeared that detainees would have to obtain them by
requesting them from a CCA employee. Such a procedure, however, would introduce an
unnecessary barrier on the detainee's ability to obtain counsel by requiring him to ask for the
form.
B.

Recreation Issues

The INS Standards require that "all facilities shall provide INS detainees with access to
recreational programs and activities, under conditions of security and supervision that protect
their safety and welfare." 91 Every effort is to be made to provide outdoor recreation facilities,
but lacking such, the recreation room should be large, with exercise equipment and having access
to sunlight.
o Detainees are allowed one hour of indoor recreation each day. 92 They can either go to
the library or a recreation room inside the building. 93 Detainees are allowed one hour of
outdoor recreation each day. 94
o Detainees at the HPC are allowed at least two hours per day to recreate – one inside and
one outside. As described above, detainees wishing to use the library must do so during
their inside recreation time, unless they submit a request for extra library time.
According to the HPC Handbook, the detainees are also allowed to check out three books
for three days to be taken back to the dormitory. However, detainees are not allowed to
take legal material, reference materials, and magazines out of the library. 95
o The HPC Handbook provides that "[r]ecreation may be cancelled at any time for security
reasons." 96
o Detainees in segregation are entitled to the same recreation privileges as other detainees,
but must recreate alone for security reasons. 97 Detainees in segregation may either have
books brought to them or, if violent, may make special arrangements to use the library
89
90
91
92
93
94
95
96
97

No delegation attorney can recall that any CCA employee ever stated that CCA provided attorneys for any purpose.
Mr.

notes.

b6

Detention Operations Manual, Detainee Services, Standard 13, Section I.
HPC Handbook, at 3; Mr.
Mr.

b6

b6

notes.

b6

notes.

b6

notes.

notes.

HPC Handbook, at 3; Mr.
HPC Handbook, at 3.
HPC Handbook, at 3.
HPC Handbook, at 3; Mr.

HOULIB1, 109506.6

11

late at night. 98 As described above, there is a separate outdoor recreation area for
segregated individuals. The HPC Handbook states that "eligible segregated detainees
will receive recreation Monday through Friday between the hours of 8:00 am to 4:00 pm.
Should inclement weather occur, they will receive inside recreation between the hours of
4:00 pm to 12:00 midnight." 99
C.

Classes

o Both CCA personnel and detainees interviewed informed us that the only classes
available at the HPC now are English as a Second Language ("ESL") classes.
According to the staff, ESL classes are provided via satellite monitor for detainees
who are interested.
D.

Medical Issues

The Standards provide that "[a]ll detainees shall have access to medical services that
promote detainee health and general well-being. Medical facilities in . . . contract detention
facilities will maintain current accreditation by the National Commission on Correctional Health
Care." 100 In addition, the Standards provide that "[e]ach facility will have regularly scheduled
times, known as sick call, when medical personnel will be available to see detainees who have
requested medical services." For a facility of over 200 detainees, a minimum of five days per
week is required. 101 With respect to emergency care, the INS guidelines state that in situation in
which a detention officer is uncertain of whether a detainee requires emergency medical care, the
officer should immediately contact a health care provider or an on-duty supervisor. 102
The HPC Handbook advises detainees that:
Medical services are provided by CCA/HPC to ensure your health is adequately
maintained and those problems that occur during your stay at this facility are
resolved. 103
…
If you are experiencing medical problems, fill out a Sick Call Request form and
place it in the sick call box located in the hallway outside your dorm. You will be
called to the clinic and seen by the nursing staff. If the need exists, they will
schedule you to see the facility doctor at the next sick call time. 104
…
If you are experiencing an emergency medical problem notify the officer
stationed in your area. The nursing staff will be notified and appropriate action
will be taken by them to resolve your medical problems. (Outside of the regular
98
99

Ms.

b6

notes.

HPC Handbook, at 3.

100
101
102
103
104

Detention Operation Manual, Health Services, Standard 2, Section I.
Detention Operation Manual, Health Services, Standard 2, Section F.
Detention Operation Manual, Health Services, Standard 2, Section H.
HPC Handbook, at 3.
HPC Handbook, at 4.

HOULIB1, 109506.6

12

clinic hours, trained staff are available to administer first aid and life saving
techniques.) Nursing staff and doctors are always available through on-call
services. 105
The HPC Handbook outlines procedures for entry-level appraisal by a registered nurse
including screening tuberculosis. 106 This is followed by a general physical examination by a
physician for the purposes of identifying medical problems. 107
1.

General Access to Healthcare

The CCA staff told our delegation that the HPC is not equipped for handicapped or
seriously ill detainees; as a result, such detainees are transferred to other facilities. 108 Basic
medical care is provided at the facility, however. The HPC has one health care service
administrator ("HSA") and six nurses (two on each shift) on staff. 109 CCA contracts with a
physician. According to CCA staff, the physician or his/her physician assistants are on-site for
twenty-five hours each week (two days a week for the physician; three days a week for his/her
assistants). 110 In addition, there is one dentist (contracted through the INS) that comes to the
facility twice a month, a psychiatrist (contracted through CCA) that goes to the facility on a caseby-case basis (although the HSA stated that the psychiatrist is on site once a week), and an x-ray
technician (contracted through CCA) that goes to the facility periodically. 111
o Any detainee on medication is monitored on a monthly basis to make sure he is taking his
medicine.
o All medicines are provided free of charge to the detainees. The CCA pays for most
medicines without being directly reimbursed by the INS. The INS pays for all offsite
medical treatments; pre-authorization for offsite specialist visits comes from the INS.
o The fact that they are HIV positive is kept confidential. 112
o Our delegation interviewed two detainees who complained of requesting dental
treatment, but had not yet received it after long periods of time. 113 One detainee
interviewed by our delegation stated that it usually takes two to three days to receive
medical attention after submitting a request. The same detainee complained that he has

105
106
107
108
109
110
111
112
113

HPC Handbook, at 4.
HPC Handbook, at 3.
HPC Handbook, at 3.
Mr.

notes.

Mr.

notes.

Mr.
Mr.

notes.
b6

notes.

Mr.

notes.

Mr.

and Mr.

HOULIB1, 109506.6

b6

notes.

13

asked for x-rays on his shoulder because he thought he dislocated it three months ago
playing basketball, but he has still not had x-rays taken. 114
o

In the library, there were hepatitis, HIV, and diabetes booklets available but generally
only in English. Some pamphlets concerning diabetes and AIDS were in Spanish. 115

E.

Detainee Classification

Warden b6, b7C readily admitted that the Houston Processing Center is not following the
INS Standards regarding detainee classification. The detainees are classified into three levels,
but they all wear the same color uniform (contrary to the INS Standards) and do not wear the
classifying wristbands required by the INS Standards. 116 Warden b6, b7C stated that it will cost
CCA $12,000 per year to buy the color-coded wristbands required by the INS Standards.
The INS Standards also require three different colors of uniforms to reflect their various

classifications, plus one for the kitchen, but the facility currently has only yellow uniforms.
While acknowledging that HPC does not meet the INS Standards with regard to uniforms,
Warden b6, b7C stated that it would cost $32,000 to purchase the initial uniforms required by the
INS Standards and $10,000 annually thereafter. 117 Warden b6, b7C also stated it would initially
cost CCA $10,8500 (and then $3,000 annually thereafter) to purchase the underwear and socks
that are required to be provided by CCA per the INS Standards. 118
Most of the detainees at the facility are classified as level 1 or 2 (the lower risk levels). 119
According to CCA, they try to sort the detainees by level of criminal offense, but Warden b6, b7C
stated that they do not have enough background information on the detainees to do so. Warden
b6, b7C stated that CCA does not receive enough background information from the INS to properly
segregate the detainees according to the INS Standards. According to Warden b6, b7C CCA has
communicated this problem to the INS. CCA has apparently just recently started to receive
copies of Form 213 from the INS for each detainee. According to Warden b6, b7C Form 213
shows only the crime of which the detainee was convicted, without any indication of the
detainee's behavior during incarceration. In other words, Warden b6, b7C stated that CCA does not
have the information necessary to determine if a detainee was a good or bad inmate before
coming to the facility. Thus, Warden b6, b7C believes that he will need even more information on
inmate background to properly segregate the detainees. 120

114
115
116
117
118
119
120

Mr.
Mr.

notes.

b6
b6

notes.

Detention Operations Manual, Detainee Services, Standard 3, Section III.A.
Mr.

b6

notes.

Mr.

notes.

Mr.

and Mr.

b6

Mr.

HOULIB1, 109506.6

b6

notes.

notes.

14

The only other classification of detainees of which CCA staff informed our delegation
has to do with long-term detainees. CCA tries to split up the long-term detainees to avoid
hierarchy within potential gangs. 121
F.

Detainee Work Program

The INS Standards state that all facilities should provide detainees that are physically and
mentally able the opportunity to work and earn money. 122
The HPC Handbook provides:
Detainees are asked to perform tasks associated with the daily operation of the
facility. Such tasks may include general sanitation, working in the Food Service,
Laundry and Maintenance departments as well as other tasks. Under no
circumstances will you be forced to take part in the work program. 123 All work
outside the dormitory is voluntary and monetary compensation is made at the rate
of $1.00 per day not to exceed $7.00 per week. Once approved for a job, you will
receive a pay slip that must be signed by the supervisor that you work for. These
pay slips are to be turned in weekly by 8:00 am on Mondays.
…
Your eligibility to work will be determined by the INS and CCA/HPC. If you
desire to be placed on a work program, send a Resident Information Request to
the responsible Shift Supervisor or Department Head who will forward your name
for consideration. Please remember that there are not enough job assignments for
each person in the building, therefore, we ask for your patience and cooperation.
CCA personnel reported that everyone is allowed to work eight hours per day for $1.00
per day. There are 150 positions for detainees available to work, which include administration,
clinic, and maintenance positions. INS must approve detainees for work out of the secure
area. 124
G.

Grievance and Disciplinary Procedures

The INS Standards require that every facility develop and implement standard operating
procedures for handling detainee grievances and encourage that the facility initially seek to
resolve grievances informally before having to engage in a more formalized and written
procedure. 125

121
122

Mr.

b6

notes.

Detention Operations Manual, Detainee Services, Standard 17, Sections I and III.A.

123

Note, however, that the HPC Handbook also provides (at 9) that "refusal to work," which is defined as refusal to perform an
assigned duty is a major offense.
124
Mr. b6 notes.
125

Detention Operations Manual, Detainee Services, Standard 8, Sections I and III.A.

HOULIB1, 109506.6

15

The HPC Handbook provides both formal and informal grievance procedures. 126
Informal grievances are made on the "Request for Information" form and submitted in the box
marked "MAIL" in each dormitory, which is emptied each day.127 Per the HPC Handbook, CCA
attempts to respond to informal grievances within twenty-four hours. 128 Formal grievances are
made on the "Grievance Form" and submitted in the box marked "GRIEVANCE" in each
dormitory. 129 The Facility Grievance Officer shall, within fifteen days of receipt of any
grievance, conduct an investigation and render a written decision to the detainee. 130 Detainees
may appeal to the Warden if dissatisfied with decisions rendered under either the formal or
informal grievance procedures. 131
The HPC Handbook states:
It is the policy of CCA/HPC to encourage informal resolution of complaints at the
lowest possible level since grievances should be, whenever possible, resolved
through direct contact with staff responsible for the particular problem area and
with two-way communication encouraged between staff and detainees. However,
all detainees shall have access to formal grievance procedures any time the
informal process has not provided successful resolution of the complaint. Neither
employees nor detainees shall be subject to retaliation, reprisal, harassment, or
discipline for the use or participation in the Grievance Procedure. Any allegations
of this nature will be thoroughly investigated by the Facility Warden and
reviewed by the Corporate Office. 132
According to Warden b6, b7C and Asst. Warden b6, b7C there has been no history of facility
staff retaliating against detainees for submitting grievances. 33
Warden b6, b7C reported that approximately twenty grievances were filed within the last
year and of those only about two were appealed to him. According to Warden b6, b7C and Warden
b6, b7C CCA succeeds in resolving most grievances on an informal basis simply by having open
communication with the detainees. Note, however, that one detainee interviewed by our
delegation indicated that he believes only minor grievances are addressed by CCA and that more
important grievances are not addressed. This inmate did not provide any specific examples,
however. 134
Detainees who are sentenced to segregation (solitary confinement) have a disciplinary
hearing within three days from the segregation. There is a segregation hearing in order to
determine if a detainee should be released. If a detainee is sentenced to a definite time period of
126
127
128
129
130
131
132
133
134

HPC Handbook, at 11.
HPC Handbook, at 11.
HPC Handbook, at 11.
HPC Handbook, at 11.
HPC Handbook, at 11.
HPC Handbook, at 11.
HPC Handbook, at 11.
Mr.

b6

Mr.

HOULIB1, 109506.6

notes.
notes.

16

segregation, there is still a segregation hearing just to approve his release back into the general
population. Warden b6, b7C reported that detainees are allowed to call witnesses to their
disciplinary or segregation hearings. 135 One detainee interviewed by our delegation indicated he
had not been treated well in segregation and that he was not given toiletries during such time. 136
According to the wardens, the facility only uses physical restraints when necessary on a
case-by-case basis, depending on the detainee. One detainee interviewed by our delegation,
however, indicated that detainees are shackled when they are first brought to the dormitory
areas. 137
Warden b6, b7C confirmed in the interview that the HPC enforces the INS Standards rule
that a detainee may file a formal grievance, no later than five days after the event or after the
unsuccessful conclusion of an informal grievance. 138 However, the timetable in the HPC
Handbook is contradictory and confusing as to whether the filing of an informal grievance tolls
the time for filing a "Grievance Form."
The formal process is available "any time the informal process has not provided
successful resolution of the complaint." However, the Grievance Form to be used for the formal
process "must be completed and filed within seven (7) days of the alleged incident." The strict
interpretation is that filing an informal grievance does not toll the seven-day cutoff in the HPC
Handbook. Therefore, a detainee who delays the start of the informal process could be cut off
from filing a Grievance Form while waiting for the informal process to conclude. This is
troubling because the HPC Handbook also states that "Grievances filed improperly will be
returned without review." 139 The next version of the HPC Handbook should clarify whether
filing a "Request for Information Form" tolls the time to file the "Grievance Form."
The HPC Handbook’s description of the formal and informal appeals process is also
confusing. It appears that an appeal from the informal process is to the "Warden" and an appeal
from the formal process is to the "Facility Warden." Under the heading "Informal Process," the
HPC Handbook says that a detainee may appeal to the "Warden" "by checking the appropriate
box on the same form and placing it back in the box." Under the formal process, it says the
detainee is to submit any appeals to the “Facility Warden” within five (5) days …by
[completing] the section on the Grievance Form described as "State Reason(s) for Appeal." 140

H.

INS Presence

Although there is no daily INS presence in the detention area, INS has an office at the
HPC building with its own access. Investigators and/or deportation officers man the office.
135
136
137
138
139
140

Mr.

b6

Mr.

b6

Mr.

b6

Mr

b6

notes.
notes.
notes.
notes.

HPC Handbook at p. 11.
HPC Handbook at p. 11.

HOULIB1, 109506.6

17

According to Mr. b6, b7C there are twenty-six agents that visit that facility. 141 A supervisor
deportation officer is the officer in charge at the office. Detainees communicate with INS in
writing through letters or on forms provided to them in the dormitories. 142 These forms are
picked up daily by CCA staff and delivered to the INS officers.
V.

Conclusion

From the outset, Warden b6, b7C acknowledged to our delegation that HPC was not
completely following the new INS Standards. He and other members of the CCA staff attributed
this lack of compliance to the fact that the INS and CCA have not negotiated a new contract that
includes implementation of these new INS Standards. We had no ability to verify this apparently
reasonable explanation, and also had no reason to doubt that this was the reason for the HPC's
lack of compliance with the INS Standards.
Despite this acknowledged shortcoming, our overall impression of the facility's
management is that they were doing a competent job and appeared to be in substantial
compliance with the new standards of interest to our delegation. 143 The facility provides
recreation for the detainees. 144 The medical staff appeared to be meeting the detainees' overall
medical needs. 145 The detainees have access to their families and legal representatives through
telephone and contact visitation privileges. 146 And, Warden b6, b7C and his top assistants have
extensive experience in corrections management that showed in their attitude towards the
detainees while we were there.
According to b6, b7C the staff goes through pre-service training, on the job training with
other employees and forty hours of in-service training annually. There have been no major staff
grievances or problems at the facility. 147
There were some obvious problems at the facility like the lack of adequate space and
legal materials in the library. We also had concerns about the detainees' ability to freely
communicate through the telephone system, as discussed above. However, the main problem to
which our delegation was exposed was the detainees' interaction or lack of interaction with the
INS. According to Warden b6, b7C and Assistant Warden b6, b7C a majority of the detainees'
complaints are about the delays in the processing of their cases. 148 The detainees who we
interviewed expressed frustration about not knowing what was happening with their case or
when they were being deported. 149

141
142
143
144
145
146
147
148
149

Mr.

b6

notes.

Mr.

b6

notes.

Delegation's notes.
Delegation's notes.
Interview with Ms.

b6

LVN, Health Services Administrator at the Facility.

Delegation's notes.
Mr.

b6

notes.

Mr.

b6

notes.

Interviews with detainees Mr.

HOULIB1, 109506.6

b6, b7C

Mr.

b6, b7C

b6, b7Cand

18

Mr.

b6, b7C