INS Detention Standards Compliance Audit - Hudson County Correctional Center, Kearny, NJ, 2008

INS Detention Standards Compliance Audit - Hudson County Correctional Center, Kearny, NJ, 2008

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

Download original document:
Brief thumbnail

Document text

This text is machine-read, and may contain errors. Check the original document to verify accuracy.

Sean-Patrick Wilson

One Newark Center, 16th Floor

Direct Dial: 973-639-7555

Newark, New Jersey 07101-3174

sean.wilson@lw.com

Tel: +1.973.639.1234 Fax: +1.973.639.7298
www.lw.com
FIRM / AFFILIATE OFFICES
Abu Dhabi

Munich

Barcelona

New Jersey

Brussels

New York

Chicago

Northern Virginia

Doha

Orange County

Dubai

Paris

Frankfurt

Rome

Hamburg

San Diego

Hong Kong

San Francisco

London

Shanghai

MEMORANDUM

Los Angeles

Silicon Valley

November 13, 2008

Madrid

Singapore

To:
From:
Copies to:
Subject:

Milan

Tokyo

Moscow

Washington, D.C.

James T. Hayes, Jr., Director, Office of Detention and Removal, Immigration and
Customs Enforcement
American Bar Association Delegation to the Hudson County Correctional Center in
New Jersey 1
b6
Associate Director, ABA Commission on Immigration
Report on Observational Tour of the Hudson County Correctional Center, Kearny,
New Jersey

Introduction

This memorandum evaluates and summarizes our delegation’s findings regarding the
Hudson County Correctional Center (“HCCC”)—an Intergovernmental Service Agreement
facility in Kearny, New Jersey. The information contained in this report was gathered during our
tour of the facility, and by way of interviews with facility staff and a federal inmate on October
7, 2008. 2
The Immigration and Naturalization Service (“INS”) promulgated the INS Detention
Standards (“the Standards”) in November 2000 to ensure the “safe, secure and humane treatment
of individuals detained by the INS.” The thirty-eight (38) standards contained in the Detention
Operations Manual (“DOM”) covered a broad spectrum of issues ranging from visitation policies
to grievance procedures and food service. These Standards applied to Service Processing
1

The delegation was comprised of Latham & Watkins LLP attorneys
b6
b6
b6
b6
,
,
, and
.

The delegation was unable to garner the names of any ICE detainees prior to its visit to HCCC. A former detainee
who had recently been released from HCCC (who wishes to remain anonymous) provided us with the name
b6, b7C
of
. At the time of our visit, we believed that Ms. b6, b7C was an ICE detainee; when
we met Ms. b6, b7C she informed us that she was a federal inmate who was only being detained
alongside ICE detainees. However, not only did Ms. b6, b7C share living accommodations; she is
granted many of the same rights and privileges afforded to ICE detainees. Since her detention experience
was similar, if not identical, to ICE detainees, we believe her experience is useful and have chosen to
include on her statements this report.

Centers (“SPCs”), Contract Detention Facilities (“CDFs”), and state and local government
facilities used through Intergovernmental Service Agreements (“IGSAs”). The Standards went
into effect on January 1, 2001, and were to have been implemented at each facility by January
2003. In 2008 U.S. Immigration and Customs Enforcement (“ICE”) reissued the Standards in a
performance-based format. The result of this redraft is the Performance Based National
Detention Standards (“PBNDS”), which are to go into effect in January 2010. 3 We note that the
Standards constitute a “floor” not a “ceiling” for treatment of detainees. In other words, they are
meant to establish the minimal requirements that ICE must adhere to in the operation of its
facilities. Each Field Office or Officer in Charge (“OIC”) of a facility may, in his or her
discretion, promulgate policies and practices affording detainees more rights and protections than
those provided for by the PBNDS.
At the time of our visit to HCCC, the PBNDS had not yet been put into effect, so our
observations relied upon the Standards. Some observations that appear below discuss how the
PBNDS would apply to the facility when implemented.
Overall, the delegation found that while the HCCC adequately demonstrates that it meets
several of the Standards, many Standards are not adequately being met.
II.

General

After negotiations with Deputy Director b6, b7C , the delegation was granted a 45minute tour of the facility with 60 minutes for detainee interviews. 4 Deputy Director b6, b7C
was reluctant to offer any additional time to the delegation as he felt the prior ABA delegation, in
2006, had conducted a full “inspection” of the facility and not just a “tour.” 5 The delegation felt
that the nature of the visit was rushed, as we were quickly shepherded around the facility. 6
b6, b7C
On the date of our visit, October 7, 2008, ICE Deputy Field Office Director
b6, b7C
(“Deputy Director Croteau”) and Lieutenant
(“Lt. Rivera”), a
corrections officer, served as our guides. The facility had approximately 344 ICE detainees,
including 304 males and 40 females. 7 The ICE detainee population is very diverse, with the
largest groups being Mexicans (58 detainees), El Salvadorians (29 detainees), and Jamaicans (26
detainees). 8
b6, b7C

Each standard in the PBNDS starts with a focus on the outcomes the required procedures are expected to
accomplish; four new standards have been added to the 2001 Standards.

Notes of delegation member

, on conversation with Deputy Director
b6

.
b6, b7C

Notes of delegation member

Observation of delegation member

Current Detainee Report dated Monday, October 6, 2008; see also notes of delegation member
conversation with Deputy Director b6, b7C .

, on

Current Detainee Report dated Monday, October 6, 2008; see also notes of delegation member
conversation with Deputy Director b6, b7C .

, on

, on conversation with Deputy Director
b6

A. Previous ABA Report on HCCC
In 2006, the ABA composed a similar report on HCCC. 9 A review this document shows
that while some challenges still exist for the facility’s full implementation of the Standards,
HCCC has made substantial progress since 2006 in a number of areas. The persisting problems
from the prior report are highlighted below.


The 2006 ABA Report concluded that HCCC did not meet the Standards regarding
Telephone Access to Legal Representatives.10
 This problem has not been resolved. Improper time limits are placed on attorney
telephone calls, legal calls may be monitored, and although private calls are
available, the process is not explained or affirmatively offered to detainees.



The 2006 ABA Report stated that HCCC did not meet the Standards regarding incoming
calls and messages. 11
 This problem has not been resolved. Messages are not delivered to detainees.



The 2006 ABA delegation reported that HCCC did not fully satisfy the Standards related
to Library Access and Legal Materials. 12
 Though substantial improvements have been made, not all problems have
been resolved. The Detainee Handbook does not include the policy for requesting
additional time and materials from the law library, and a list of library holdings was
not posted in the library.



The 2006 ABA Report stated that it was unclear if HCCC allowed indigent detainees to
send the requisite amount of correspondence free of charge. 13
 This problem has not been resolved. According to the Detainee Handbook,
indigent detainees are not provided with any funds for special correspondence, or
for all mail related to legal matters.

It is important to note that the 2006 ABA Report did not mention general visiting hours,
but current HCCC policy violates the Standard regarding general visitation. HCCC does not
allow visits on weekends, and the Detainee Handbook does not detail non-legal visitation hours
or procedures. Further, HCCC disciplinary policy is not consistent with the Standards, and

ABA 2006 Report on Observational Tour of Hudson County Jail, Kearny, NJ, August 11, 2006.

ABA 2006 Report on Observational Tour of Hudson County Jail, Kearny, NJ, August 11, 2006, p. 7.

ABA 2006 Report on Observational Tour of Hudson County Jail, Kearny, NJ, August 11, 2006, p. 8.

ABA 2006 Report on Observational Tour of Hudson County Jail, Kearny, NJ, August 11, 2006, pp. 8-11.

ABA 2006 Report on Observational Tour of Hudson County Jail, Kearny, NJ, August 11, 2006, p. 13.

whether HCCC meets the Standards relating to detainee classification and medical care remains
unclear.
A detailed analysis of the Standards and the delegation’s observations at HCCC are
detailed below.
III.

Visitation
A.

Visitation by Attorneys

The Standards require that facilities permit legal visitation seven days per week for a
minimum of eight hours on weekdays and four hours on the weekends and holidays.14 The visits
must be private, should not be interrupted for head counts, and may proceed through meals 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 facility; this may include either speaking
to an on-site ICE officer, or calling an off-site ICE officer with jurisdiction over the facility. 16
Detention centers should permit visits from attorneys, other legal representatives, legal assistants,
and interpreters. 17 The Standards mandate that the visitation hours must be provided in the
Detainee Handbook, and posted where detainees can easily see them. 18 If the facility requires
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
HCCC meets this section of the Standards. Legal visitation is permitted fourteen hours
per day, which is more than the Standards require. However, information from officers and
Handbook differed on the specific amount of time allowed. According to officers at the facility,
attorneys may visit their clients “seven days a week, twenty-four hours a day.” 20 This is
inconsistent with the Hudson County Correctional Center ICE Detainee Handbook (“Detainee
Handbook”) which states that attorney-visiting hours are from 6:00 a.m. – 10:00 p.m., seven
days a week. 21 According to the ICE Detainee Handbook, visiting days are posted in each
housing unit. 22

DOM Detainee Services, Visitation, Section III.I.2.

DOM Detainee Services, Visitation, Sections III.I.2 & 9.

DOM Detainee Services, Visitation, Section III.I.6.

DOM Detainee Services, Visitation, Section III.I.3.

DOM Detainee Services, Visitation, Section III.B.

DOM Detainee Services, Visitation, Section III.I.11.

Notes of delegation members

Hudson County Correctional Center ICE Detainee Handbook, p. 17.

Hudson County Correctional Center ICE Detainee Handbook, p. 15.

and

, on conversation with Lt.

b6, b7C

Attorneys may not call the Hudson County Correctional Center to determine the location
of a particular detainee.23 However, an attorney can call the ICE office with jurisdiction over the
facility and speak with a deportation officer to determine whether a particular detainee is housed
at the facility. 24 To do so, the attorney must provide a signed Form G-28 Notice of Entry of
Appearance of Attorney or Representative. 25 Attorney bar cards are required for admittance into
the facility, but if an attorney’s state does not issue such cards, he/she can obtain prior approval
for the visitation by contacting ICE. 26 Other legal representatives, such as paralegals and law
students, will only be allowed to visit if an attorney is also present, or if the attorney alerts the
facility of the legal representative’s visit, prior to their arrival at the facility. 27 Attorneys do not
need to call the jail prior to visiting. 28
HCCC has seven attorney rooms available for attorney visits. 29 All visitation rooms are
equipped with televisions and most include VCRs. 30 Attorney visitation rooms are observed
visually by the guards, but the guards cannot hear the conversations. 31 Attorney visitations may
be interrupted for emergency head counts; 32 however, the delegation did not determine whether
visits are interrupted for routine head counts.
Detainees or attorneys are permitted to request a non-contact visit in order to avoid the
possible requirement of a strip-search after a contact visit. 33 Furthermore, in most cases, strip
searches do not occur after attorney contact visits. 34 Only specific attorneys with a record of
misconduct place their clients at risk of being strip-searched after a contact visit. 35

Notes of delegation members

and

, on conversation with Deputy Director

b6, b7C

Notes of delegation members
b6, b7C .

and

, on conversation with Deputy Director

Notes of delegation members

and

, on conversation with Deputy Director

and

, on conversation with Deputy Director

b6, b7C

Notes of delegation members
b6, b7C

27
28

Notes of delegation members

and
b6

on conversation with Lt.

b6, b7C

Notes of delegation members

and

on conversation with Deputy Director

b6, b7C

Observations of delegation member

Notes of delegation member

Notes of delegation members

Hudson County Correctional Center ICE Detainee Handbook, p. 16.

Notes of delegation member

, on conversation with Lt.
and

b6, b7C

, on conversation with Lt.

, on conversation with Lt.
b6

, on conversation with Lt.
, on conversation with Lt.

b6, b7C

Visitation by Family and Friends

In order to maintain detainee morale and family relationships, the Standards encourage
visits from family and friends. 36 The Standards require that facilities establish written visitation
hours and procedures, post them where detainees can see them, include them in the detainee
handbook, and make them available to the public. 37 This includes procedures for handling
money for detainees. 38 The visiting area is to be “appropriately furnished and arranged, and as
comfortable and pleasant as practicable.” 39 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. 40 Visits should be at least thirty minutes long and longer
when possible. 41 If a facility does not provide for visits from minors, ICE should arrange for
visits with children or step children within the detainee’s first thirty days at the facility, with
continuing monthly visits. 42 Visits should be granted to detainees in both disciplinary and
administrative segregation unless a detainee violates the visitation rules or threatens the security
of the visitation room. 43
HCCC does not meet this section of the Standards: no visits are allowed on
weekends and the Detainee Handbook does not detail non-legal visitation hours or
procedures. Visitation hours for non-legal visits are Monday through Thursday 7:00 a.m. – 1:00
p.m. and 3:30 p.m. – 10:00 p.m. 44 Non-legal visits are not allowed on Friday, Saturday or
Sunday, in violation of the Standards. 45 Notably, the Detainee Handbook does not detail
visitation hours or procedures. 46 Visits may not exceed sixty minutes and visiting periods can be
shortened because of security risks, emergency head counts, or other unanticipated events. 47 The
visitation days are posted in each housing unit; however, it was unclear whether the hours and/or
visitation policies were posted in the visitation rooms. 48 There are two visitation rooms; one for

DOM Detainee Services, Visitation, Section I.

DOM Detainee Services, Visitation, Sections III.A & B.

DOM Detainee Services, Visitation, Section III.D.

DOM Detainee Services, Visitation, Section III.G.

DOM Detainee Services, Visitation, Section III.H.1.

DOM Detainee Services, Visitation, Section III.H.2.

DOM Detainee Services, Visitation, Section III.H.5.

Notes of delegation members

and
b6

, on conversation with Lt.
b6

b6, b7C

Notes of delegation members

Hudson County Correctional Center ICE Detainee Handbook, pp. 16-17.

Hudson County Correctional Center ICE Detainee Handbook, p. 16.

Hudson County Correctional Center ICE Detainee Handbook, p. 15; observation of delegation member

and

, on conversation with Lt.

contact visits, the other for non-contact visits.49 Inmate
are allowed. 50

b6, b7C

confirmed that contact visits

Visitors must bring a picture ID in order to visit detainees. 51 Visitors may bring U.S.
postal money orders and cash to be deposited in a detainee’s account. 52 Checks will be placed in
the personal property of a detainee or will be given back to the visitor. 53
The provision of the Detainee Handbook that details disciplinary procedures does not list
the revocation of visitation rights as a punishment for detainees. 54
Members of the media are not allowed to visit without prior approval by ICE. 55
IV.

Legal Access: Telephones
A. General Requirements

The Standards require that facilities provide detainees with reasonable and equitable
access to telephone services during established facility waking hours. 56 To meet this
requirement, facilities must provide at least one telephone for every twenty-five detainees. 57 The
Standards also mandate that telephone access rules be provided to each detainee upon admission
and posted where detainees may easily see them. 58 The facility staff must maintain telephones in
proper working order and inspect them regularly. 59
HCCC meets this section of the Standards. Each housing unit has five to six
telephones, which amounts to at least one telephone per thirteen detainees. 60 The telephones are
turned on and accessible to detainees every day from 7:00 a.m. until 9:00 p.m., except during
counts. 61 Telephone access rules are posted above the telephones and are included in the
49

Observations of delegation member

Notes of delegation member

Hudson County Correctional Center ICE Detainee Handbook, p. 16; notes of delegation member
b6
, on conversation with Lt. b6, b7C

Hudson County Correctional Center ICE Detainee Handbook, p. 12.

Hudson County Correctional Center ICE Detainee Handbook, p. 13.

Hudson County Correctional Center ICE Detainee Handbook, pp. 28-29.

Notes of delegation member Christopher Owens, on conversation with Lt. Rivera.

DOM Detainee Services, Telephone Access, Sections I & III.A.

DOM Detainee Services, Telephone Access, Section III.C.

DOM Detainee Services, Telephone Access, Section III.B.

DOM Detainee Services, Telephone Access, Section III.D.

Notes of delegation members

Notes of delegation member

b6
b6

, on conversation with Inmate

and

, on conversation with Lt.

b6, b7C

Detainee Handbook. 62
operational. 63
B.

Facility staff inspect the telephones daily to confirm that they are

Direct Calls and Free Calls

The Standards allow facilities to generally limit calls to collect calls. 64 However, the
facility must permit detainees to make direct calls to the local immigration court and Board of
Immigration Appeals, federal and state courts, consular officials, legal service providers,
government officials, and family members in cases of emergency. 65 The facility shall not
require indigent detainees to pay for these types of calls if local or for non-local calls if there is a
compelling need. 66 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.” 67
HCCC meets this section of the Standards. The facility allows detainees to place
collect calls to numbers within the United States. 68 In addition, detainees may place free calls to
consular offices, immigration courts, the Board of Immigration Appeals, and an extensive list of
other organizations and offices. 69 One inmate noted, however, that some detainees have had
trouble calling certain consulates because the pre-programmed numbers on the phone list did not
work. 70
Indigent detainees are permitted to make calls to attorneys or organizations verified by
Hudson staff at no charge. 71 Detainees are also allowed to make free calls to the ICE-provided
list of free legal service providers. 72
C.

Telephone Access to Legal Representatives

The Standards provide that the facility shall neither restrict the number of calls a detainee
places to his or her legal representatives, nor limit the duration of such calls by automatic cutoff,
62

Observations of delegation members
ICE Detainee Handbook, p. 5.

Notes of delegation member

DOM Detainee Services, Telephone Access, Section III.E.

Notes of delegation member

Observations and notes of delegation member

Notes of delegation member

Observations of delegation members
ICE Detainee Handbook, p. 5.

Observations and notes of delegation member

; Hudson County Correctional Center

, on conversation with Lt.

b6, b7C

, on conversation with Lt.

and

b6, b7C

on conversation with Lt.

, on conversation with Inmate
b6

b6, b7C

; Hudson County Correctional Center
on conversation with Lt.

b6, b7C

unless necessary for security purposes or to maintain orderly and fair access to telephones. 73
Time limits, if necessary, shall be no shorter than twenty minutes. 74 The facility must ensure
privacy for detainees’ telephone calls regarding legal matters by providing a reasonable number
of phones for detainees to make calls without being overheard by facility staff or detainees, and
that calls shall not be electronically monitored absent a court order. 75
HCCC does not meet this section of the Standards: improper time limits are placed
on attorney telephone calls according to the Handbook, legal calls may be monitored, and
although private calls are available, the process is not explained or affirmatively offered to
detainees. It is unknown if the facility places any restrictions on the number of calls a detainee
may make to his or her legal representatives.76 However, according to the Detainee Handbook,
all telephone calls are monitored for their duration, and calls are terminated automatically after
fifteen minutes. 77 Only calls to consulates are exempt from the fifteen-minute rule. 78
The arrangement of the telephones within each housing unit does not provide any privacy
for telephone calls regarding legal matters. 79 Six telephones are lined up close together along a
single wall, with no partitions between them, and with no barrier between the telephone area and
the rest of the housing unit. 80 In addition, all telephone conversations are monitored and subject
to recording, including conversations between a detainee and his or her attorney. 81 When the
telephone receiver is picked up, a pre-recorded message in English and Spanish discloses that the
call is subject to monitoring. 82 The Detainee Handbook notes that “all non-legal phone calls are
subject to monitoring and/or recording,” which implies that legal calls are not monitored or
recorded. 83 However, that is simply not the case, as all calls made from the telephones in the
housing units are subject to monitoring. 84
Detainees may make requests to social workers to have private, unmonitored telephone
calls with their attorneys and, if the request is granted, the calls can be placed from the social

DOM Detainee Services, Telephone Access, Section III.F.

DOM Detainee Services, Telephone Access, Section III.J.

Observation of delegation member

Hudson County Correctional Center ICE Detainee Handbook, p. 5.

Observation of delegation member

.
b6

Observation of delegation member

Notes of delegation member

Observations of delegation members

Hudson County Correctional Center ICE Detainee Handbook, p. 5; observations of delegation member
b6 .

b6
Observations of delegation members
b6
on conversation with Lt.

.
, on conversation with Lt.

and

b6, b7C

and Deputy Director

b6
and
; notes of delegation member
and Deputy Director b6, b7C .

b6, b7C

workers’ office. 85 However, detainees are not informed of this option unless they inquire with
an ICE officer who is available in the facility on weekdays to answer detainees’ questions. 86
Deputy Director b6, b7C stated that detainees are not affirmatively informed of the private
telephone call option because there are so many procedures and technicalities that it would be
burdensome to explain this process to the detainees. 87
D.

Incoming Calls and Messages

The Standards require that facilities take and deliver telephone messages to detainees as
promptly as possible. 88 If the facility receives an emergency telephone call for a detainee, the
Standards require that the facility obtain the caller’s name, number, and permit the detainee to
return the emergency call as soon as possible. 89
HCCC does not meet this section of the Standards: messages are not delivered to
detainees. The facility does not routinely take and deliver phone messages for detainees, even
messages from their legal representatives.90 Attorneys can normally only initiate communication
with detained clients by sending letters. 91 For urgent matters, attorneys can contact ICE
headquarters and the communication will be delivered to the detainee. 92
It is not common practice for the facility to take and deliver telephone messages from
detainees’ family members, and the facility does not require that its officers do so. 93 However,
messages from family members are sometimes delivered to detainees, if officers are familiar
with a detainee’s family members. 94
V.

Legal Access: Legal Materials
A.

Library Access

The Standards provide that facilities shall permit detainees access to a law library for at
least five hours per week. 95 The Standards also state that detainees housed in administrative or
85

Notes of delegation members

and

, on conversation with Deputy Director

b6, b7C

Notes of delegation members

on conversation with Deputy Director
b6

b6, b7C

Notes of delegation members

DOM Detainee Services, Telephone Access, Section III.I.

Notes of delegation members
and Lt. b6, b7C

Notes of delegation member

DOM Detainee Services Standard 1, Section III.G.

on conversation with Deputy Director

and

, on conversation with Deputy Director

b6, b7C

, on conversation with Deputy Director
b6

, on conversation with Deputy Director
, on conversation with Deputy Director

.
b6, b7C

.
.

b6, b7C

disciplinary segregation shall have the same law library access as detainees in the general
population, absent compelling security concerns. 96 Facilities may supervise the library use by a
detainee housed in disciplinary or administrative segregation as warranted, may be required to
use the law library separately or, if feasible, have legal material brought to them. 97 The
Standards provide that the Detainee Handbook shall outline the rules and procedures governing
access to legal materials, including the scheduled hours of visitation to the library, procedure for
requesting access to the materials, as well as the procedure for requesting additional time and
additional legal resource materials.98
HCCC does not fully meet this section of the Standards: the Detainee Handbook
does not include the policy for requesting additional time and materials from the law
library. Lt. b6, b7C told the delegation that detainees were provided with five hours of library
b6, b7C
access per week, one hour per day on each weekday. 99 Inmate
stated that detainees
100
can go to the library every day.
Lt. b6, b7C told the delegation that detainees in the disciplinary unit are not permitted to
go to the library. 101 Those detainees are allowed to request library materials in writing, and an
officer will bring the requested materials from the library to the detainee. 102
The Detainee Handbook indicates hours of library operation, but it does not indicate the
scheduled hours of detainee access to the library, or the procedure for requesting additional time
and additional materials. 103 Further, there is no information in the Detainee Handbook about
how to notify a designated employee that library material is missing or damaged. 104 The
Detainee Handbook states:
The Law Library will operate from 14:30 hrs.-20:30 hrs. with all ICE Units guaranteed
five hours per week. The facility offers a library/law library for your reading pleasure
and legal reference. Legal material cannot be taken out of the library. Sign-up sheets for
the law library are posted in each dorm daily. You will be called from the list. Hours of
operation for both the Library and the Law Library are posted in each dorm. Computers
with legal material are available in law library (ICE labeled computers only). 105

DOM Security and Control Standard 13, Section III.D.18, and Standard 14, Section III.D.15, Section III.M.

DOM Security and Control Standard 13, Section III.M.

DOM Detainee Services Standard 1, Section III.Q.

Notes of delegation member

100

Notes of delegation member

101

Notes of delegation member

on conversation with Lt.

b6
b6

b6, b7C

, on conversation with Inmate
, on conversation with Lt.
b6, b7C

102

Notes of delegation member

103

Hudson County Correctional Center ICE Detainee Handbook, p. 9.

104

Hudson County Correctional Center ICE Detainee Handbook, p. 9.

105

Hudson County Correctional Center ICE Detainee Handbook, p. 8.

, on conversation with Lt.

b6, b7C

Although the Detainee Handbook states that sign-up sheets are posted in each dorm, the
b6, b7C
delegation did not observe any sign-up sheets posted in the housing unit, and Inmate
106
did not indicate that this procedure was used.
In addition, Lt. b6, b7C stated that the library
hours of operation are from 2:00 p.m. to 9:00 p.m., which differs from the hours listed in the
Detainee Handbook. 107 Detainees are also permitted to use the library on Saturday by request if
necessary, such as to meet court deadlines. 108
B.

Library Conditions

The Standards provide that the law library be in a designated room with sufficient space
to facilitate detainees’ legal research and writing. 109 The Standards also provide that the library
should be well-lit and reasonably isolated, as well as contain a sufficient number of chairs and
tables to accommodate access to all detainees who request its use. 110
HCCC meets this section of the Standards. The Hudson County facility provided a
law library in a separate, designated room. 111 The library contained six tables, with
approximately four to five chairs at each table.112 The room was well-lit for reading purposes.113
The room was reasonably isolated from noisy areas. 114
The law library contained two computers designated for use by detainees only. 115 Both
computers were functional and contained the LexisNexis software. 116 In addition, the library
contained two typewriters. 117
C.

Legal Materials

The Standards provide that each facility library shall contain a designated list of materials
found in Attachment A of the Standard “Access to Legal Materials.” 118 Additionally, the
106

Observation of delegation member
b6, b7C
Inmate

107

Notes of delegation member

108

Notes of delegation member

109

DOM Detainee Services Standard 1, Section III.A.

110

DOM Detainee Services Standard 1, Section III.A.

111

Observation of delegation member

112

Observation of delegation member

; notes of delegation member

, on conversation with Lt.

b6, b7C

, on conversation with Lt.

b6, b7C

.
.
b6

113

Observation of delegation member

114

Observation of delegation member

115

Notes of delegation member

116

Observation of delegation member

117

Observation of delegation member

118

DOM Detainee Services Standard 1, Section III.C.

, on conversation with Lt.
.

b6
b6

b6, b7C

on conversation with

Standards provide that the library post a listing of its holdings. 119 Detainees may make requests
for additional legal materials, which shall be passed along to ICE; requests for copies of court
decisions will normally be available within three business days. 120 Finally, the Standards require
that the facility permit detainees to retain all personal legal materials, unless such materials
create a safety, security, or sanitation hazard. 121
HCCC does not fully meet this section of the Standards: a list of library holdings
was not posted. The library at the Hudson County Jail did not have a list of its law library
holdings posted. 122 When asked for a list of the law library holdings, Lt. b6, b7C stated that such
a list did not exist. 123 Due to the rushed nature of the visit, the delegation was unable to confirm
whether all of the materials from the list of materials in Attachment A of the Standard were
present. Notably, Administrative Decisions under Immigration and Nationality Laws was in the
library. 124
The law library is staffed by three civilian paralegals that can assist the detainees. 125 Lt.
b6, b7C
stated that the LexisNexis materials on the two computers designated for detainees were
updated every three to four months. 126 Lt. b6, b7C informed the delegation that library staff will
train detainees who are not computer literate to use the computers. 127
Lt. (b)(6), (b)(7)c stated that detainees are permitted to retain their paper legal materials, unless it
becomes a fire hazard, in which case the materials would be stored in another location. 128
Detainees are also permitted to retain materials on a floppy disk, which they can keep.129
D.

Photocopies and Mail Supplies

The Standards provide that facilities must make copies of detainees’ legal documents
when such copies are reasonable and necessary for a legal proceeding involving the detainee. 130
The Standards also indicate that facilities must provide detainees with envelopes and stamps for
mail related to legal matters. 131
119

DOM Detainee Services Standard 1, Section III.C.

120

DOM Detainee Services Standard 1, Section III.I.

121

DOM Detainee Services Standard 1, Section III.K.

122

Observation of delegation member

123

Notes of delegation member

124

Observation of delegation member

125

Observation of delegation member

126

Notes of delegation member

127

Notes of delegation member

on conversation with Lt.

b6, b7C

b6
b6

, on conversation with Lt.
, on conversation with Lt.
b6

b6, b7C

128

Notes of delegation member

, on conversation with Lt.

129

Notes of delegation member

, on conversation with Lt.

130

DOM Detainee Services Standard 1, Section III.J.

131

DOM Detainee Services Standard 1, Section III.N.

It is unclear whether HCCC fully meets this Standard: an inmate indicated that
indigent correspondence for detainees is not properly funded. A copy machine in working
order was located in the law library. 132 Lt. b6, b7C informed the delegation that detainees are
permitted to make free copies of materials within reasonable limits. 133
Indigent detainees are provided with envelopes and stamps for mail related to legal
matters. 134 Envelopes, paper and writing implements are available for detainees in the library.135
b6, b7C
Inmate
confirmed that envelopes and paper are available in the library. 136 Inmate
b6, b7C
stated that correspondence from a detainee with no funds in her account will be
mailed out, but the cost of the stamps will be deducted from her account, and the account will
reflect a negative balance. 137 It is not clear if this policy applied to “indigent” detainees—
defined as detainees with less than $3.00 in their account for over 30 days 138 —or only to “nonindigent” detainees with an account balance of zero. Regardless, this definition of indigence is
problematic, as it would require a detainee to wait 30 days—the entire length of time available to
file an appeal of their immigration case—before being declared “indigent” and provided with
access to free stamps. 139
E.

Detainee Assistance

The Standards provide that detainees may assist one another in researching and preparing
legal documents; however, no detainee shall be allowed to charge a fee or accept anything of
value for assistance. 140 The Standards provide that a facility shall establish procedures to assist
unrepresented, illiterate, or non-English speaking detainees who wish to pursue a legal claim
related to their immigration proceedings or detention, and must provide them with more than
access to a set of English-language law books. 141 The Standards suggest two procedures to meet
this obligation: 1) helping the detainee obtain assistance in using the library and drafting legal
documents with appropriate language and reading-writing abilities; and 2) assisting detainees in
contacting pro bono legal assistance organizations. 142

132

Observation of delegation member

133

Notes of delegation member

134

Notes of delegation member

, on conversation with Lt.

b6, b7C

, on conversation with Lt.
b6

135

Notes of delegation member

136

Notes of delegation member

b6, b7C

, on conversation with Lt.
, on conversation with Inmate

.
b6, b7C

137

Notes of delegation member

138

Hudson County Correctional Center ICE Detainee Handbook, p. 18.

139

The Performance Based National Detention Standards (PBNDS), Section 43, Definitions, defines “indigent” as
“ordinarily, a detainee with less than $15.00 in his or her account.”

140

DOM Detainee Services Standard 1, Section III.K.

141

DOM Detainee Services Standard 1, Section III.L.

142

DOM Detainee Services Standard 1, Section III.L.

, on conversation with Inmate

HCCC substantially meets this section of the Standards: however, there are no nonEnglish language legal materials in the library. Lt. b6, b7C stated that detainees can, and do,
b6, b7C
assist each other in legal research and the preparation of legal materials. 143 Inmate
stated that she assists detainees with the preparation of legal materials. 144 In addition, a list of
pro bono legal assistance organizations was posted in the library. 145
However, it is important to note that the delegation did not observe any non-English legal
materials in the library. 146 Inmate b6, b7C stated that there were no non-English materials in
library. 147
VI.

Group Presentations on Legal Rights

The Standards provide that facilities housing 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.” 148 Informational posters are to be displayed prominently in the housing units at least
forty-eight hours in advance of a scheduled presentation. 149 “The facility shall select and
provide an environment conducive to the presentation, consistent with security.” 150 Detainees
also must have regular opportunities to view an “INS-approved videotaped presentation on legal
rights.” 151
HCCC meets this section of the Standards. According to Lt. b6, b7C , agencies seeking
to hold a group rights presentation must notify HCCC staff, which will then accommodate the
agency. 152 Legal Services of New Jersey (“LSNJ”) provides group rights presentations in
HCCC’s gymnasium each week, on Tuesdays and Thursdays. 153 Those presentations include a
“Know Your Rights” video. 154 The procedure for detainees to attend presentations as indicated
by Lt. b6, b7C includes LSNJ informing HCCC staff of particular detainees that it would like to
attend a presentation including all new arrivals at HCCC. 155 Lt. b6, b7C noted that information
about upcoming presentations is posted in the housing units and that detainees can request to
143

Notes of delegation member

144

Notes of delegation member

145

Observation of delegation member

146

Observation of delegation member

147

Notes of delegation member

148

DOM Detainee Services, Group Presentations on Legal Rights, Section I.

149

DOM Detainee Services, Group Presentations on Legal Rights, Section III.C.

150

DOM Detainee Services, Group Presentations on Legal Rights, Section III.E.

151

DOM Detainee Services, Group Presentations on Legal Rights, Section III.I.

152

Notes of delegation member

153

Notes of delegation member

, on conversation with Lt.

b6, b7C

on conversation with Inmate

b6, b7C

b6
b6

.
, on conversation with Inmate

b6, b7C

on conversation with Lt.
on conversation with Lt.
b6

b6, b7C

154

Notes of delegation member

on conversation with Lt.

155

Notes of delegation member

on conversation with Lt.

attend presentations. 156 A schedule of presentations was not observed by the delegation.157
Prior to, and following, presentations, detainees are permitted to meet with presenters. 158
However, detainee-presenter interaction must focus only on the presentation, and not on a
detainee’s particular case. 159 Case-specific questions to a presenter are permissible only if the
detainee’s attorney expressly approved that interaction. 160
VII. Conditions Regarding Other Provisions of the Standards
A.

Detainee Handbook

The Standards require that every facility develop a site-specific handbook to serve as an
overview of, and guide to, the detention policies, rules and procedures in effect at the facility. 161
A copy of the detainee handbook shall be provided to detainees upon their arrival. 162
HCCC meets this section of the Standards. ICE detainees are provided with a copy of
the Detainee Handbook upon arrival and must sign to acknowledge their receipt. 163 A record
exists of all detainees who have signed for their handbooks. 164 HCCC is currently in the process
of translating the Detainee Handbook into Spanish, and HCCC has translators on staff who can
translate the policies contained in the Detainee Handbook into several other languages. 165
B.

Classification of Detainees

The Standards require that detention facilities use a classification system and physically
separate detainees into different categories. 166 High-level twos and level threes may be housed
together, but under no circumstances will level two detainees with a history of assaultive
behavior be housed with level one detainees. 167
It is unclear whether HCCC meets this Standard: the delegation did not determine
whether female detainees are separated based on classification. Inmates at HCCC are
classified by a numerical system: each inmate is classified as a one, two or three, with one being
156

Notes of delegation member

157

Observation of delegation member

158

Notes of delegation member

159

Notes of delegation member

160

Notes of delegation member

161

DOM Detainee Services Standard 6, Section I.

162

DOM Detainee Services Standard 6, Section I.

163

Notes of delegation member

164

Notes of delegation member

165

Notes of delegation member

166

DOM Detainee Services Standard 4, Section I.

167

DOM Detainee Services Standard 4, Section III.F.

, on conversation with Lt.

b6, b7C

, on conversation with Lt.
b6

, on conversation with Lt.

b6, b7C

, on conversation with Lt.

, on conversation with Lt.
b6

, on conversation with Lt.
, on conversation with Lt.

b6, b7C

the least violent and three being the most violent. 168 Detainees can appeal their classification if
they believe they have been misclassified. 169 Twos and threes are reviewed every six months to
determine whether their classification should be altered. 170
According to Lt. b6, b7C ones are never housed with threes, but twos can be mixed with
either ones or threes. 171 The Detainee Handbook states that level one detainees cannot be mixed
with any detainee with a violent felony conviction or aggravated felony conviction. 172 However,
all new arrivals are housed in the intake ward pre-classification. 173 It is unclear how or whether
female ones and threes are segregated because there is only one unit of female detainees. 174
C.

Detainee Transfer

The Standards require ICE to notify a detainee’s counsel of record that the detainee is
being transferred. 175 Detainees may make telephone calls upon arrival at their final destination;
indigent detainees may make one domestic call at government expense. 176 A detainee’s legal
materials must accompany the detainee to the new facility. 177
HCCC meets this section of the Standards. Both the detainee and his or her attorney
are notified promptly of each transfer, and all legal materials are sent with the detainee to the
transfer facility. 178 Indigent transferees are entitled to one domestic call at the government’s
expense. 179
D.

Correspondence

The Standards state that incoming general correspondence shall be inspected for
contraband in the presence of detainees. Incoming legal mail can be opened and inspected for
contraband in the presence of detainees, but officials are not permitted to read or copy the
correspondence. 180 The Standards require that indigent detainees be permitted to send at least

168

Notes of delegation member

169

Notes of delegation member

, on conversations with Lt.

b6, b7C

, on conversation with Lt.
b6

170

Notes of delegation member

, on conversation with Lt.

171

Notes of delegation member

, on conversation with Lt.

172

Hudson County Correctional Center ICE Detainee Handbook, p. 32.

173

Notes of delegation member

b6, b7C

, on conversation with Lt.
b6

174

Notes of delegation member

175

DOM Security and Control Standard 4, Section III.A.

176

DOM Security and Control Standard 4, Section III.G.

177

DOM Security and Control Standard 4, Section III.E.

178

Notes of delegation member

, on conversation with Lt.

, on conversation with Lt.
b6

.
b6, b7C

179

Notes of delegation member

180

DOM Detainee Services Standard 3, Sections III. B, E, & F.

, on conversation with Lt.

and Deputy Director

b6, b7C

three pieces of general correspondence and five pieces of special correspondence per week, free
of charge. 181
HCCC does not appear to meet this Standard: according to the Detainee Handbook,
indigent detainees are not provided with any funds for special correspondence, or for all
mail related to legal matters. According to Lt. b6, b7C incoming general and legal
correspondence are inspected in accordance with the Standards. 182 Facility staff stated that
indigent detainees (defined as those with less than $3.00 in their account for over 30 days 183 ) are
provided with envelopes and stamps for mail related to legal matters. 184 However, the Detainee
Handbook states that indigent detainees will receive postage and stationery to send up to three
first class letters per week, but there is no mention of postage for special correspondence, or
correspondence related to legal matters. 185 If the Detainee Handbook is accurate, and HCCC
does not permit indigent detainees to send at least five pieces of special correspondence a week,
free of charge, this policy does not meet the Standards.
Envelopes, paper and writing implements are available for detainees in the library. 186 In
addition, the social worker can provide correspondence materials when in her unit on Monday,
Wednesday and Friday. 187
b6, b7C
According to inmate
, the library workers bring legal mail to the unit and
detainees are asked to sign for such mail. 188 Regular mail is opened outside the unit and then
The inmate indicated that
brought to the detainees between 2:30 and 8:30 p.m. 189
correspondence from a detainee with no funds in their account will be sent, but their account will
then register a negative balance. 190

Disciplinary Policy

The Standards indicate that facility authorities “will impose disciplinary sanctions on any
detainee whose behavior is not in compliance with facility rules and procedures” in order “[t]o
provide a safe and orderly living environment.” 191 Each facility must have a detainee
disciplinary system that has “progressive levels of reviews, appeals, procedures, and
181

DOM Detainee Services Standard 4, Sections III I, and Standard 1, Section III.N.

182

Notes of delegation member

183

Hudson County Correctional Center ICE Detainee Handbook, p. 18.

184

Notes of delegation member

185

Hudson County Correctional Center ICE Detainee Handbook, p. 18

186

Notes of delegation member

187

Notes of delegation members

188

Notes of delegation members

, on conversation with Lt.

on conversation with Lt.

on conversation with Lt.
and

b6, b7C

, on conversation with Inmate

and
b6

b6, b7C

, on conversation with Inmate

.
b6, b7C

189

Notes of delegation members

and

, on conversation with Inmate

190

Notes of delegation members

and

, on conversation with Inmate

191

DOM Security and Control, Disciplinary Policy, Section I.

documentation procedures.” 192 The disciplinary policy must clearly define detainee rights and
responsibilities, and any disciplinary action taken must not be capricious or retaliatory. 193
Officers who witness a prohibited act must prepare and submit an incident report that
“must state the facts clearly, precisely, and concisely, omitting no details that could prove
significant.” 194 All incident reports filed by officers must be investigated within twenty-four
hours of the incident. 195 A disciplinary panel may impose appropriate sanctions upon
determining that a detainee committed a disciplinary infraction, 196 but 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.” 197 Only a
disciplinary panel may impose a segregation sanction, 198 and “[t]ime in segregation after a
hearing will generally not exceed 60 days.” 199
The Detainee Handbook must “provide notice of the facility’s rules of conduct, and of the
sanctions imposed for violations of the rules.” 200 The Detainee 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. 201
HCCC does not meets these sections of the Standards: some incidents are not
detailed in a report, and aside from the pre-hearing process, the Detainee Handbook
neither expressly mentions the disciplinary process nor clearly differentiates minor offenses
from major offenses. Lt. b6, b7C stated that if an officer deems an observed disciplinary
violation to be minor, the officer may implement an informal, minor punishment. 202 This policy
does not follow the Standard on Discipline, which requires an incident report for minor and
major offences at ISGAs. 203 Lt. b6, b7C provided the following example of how an incident
deemed to be minor, would be handled: if a detainee refused to follow an order, such as an order
to clean up his or her area, the officer may punish that minor infraction by requiring the detainee

192

DOM Security and Control, Disciplinary Policy, Section III.A.1.

193

DOM Security and Control, Disciplinary Policy, Sections III.A.1 & A.2.

194

DOM Security and Control, Disciplinary Policy, Section III.B.

195

DOM Security and Control, Disciplinary Policy, Sections III.B. & C.

196

DOM Security and Control, Disciplinary Policy, Section III.F.

197

DOM Security and Control, Disciplinary Policy, Section III.A.3.

198

DOM Security and Control, Disciplinary Policy, Section III.F.

199

DOM Security and Control, Disciplinary Policy, Section III.H.1.

200

DOM Security and Control, Disciplinary Policy, Section III.A.5.

201

DOM Security and Control, Disciplinary Policy, Section III.A.5.

202

Notes of delegation member

203

DOM Security and Control, Disciplinary Policy, Section III.B.

, on conversation with Lt.

b6, b7C

to sit separately from the rest of the population for a few hours. 204 When an officer observes a
disciplinary infraction that cannot be handled informally, an incident report will be filed and an
investigation will take place within twenty-four hours of the incident. 205 If no report is filed
within that temporal window, the detainee is found innocent of any charges stemming from the
incident, and actions against the officer for failure to file a report may be pursued. 206 Each
incident report must contain the name and number of the detainee who committed the prohibited
act, the location and time of the incident, any immediate action taken, witnesses to the incident,
physical evidence, if any, and the facts underlying the incident. 207 Once prepared, the detainee
must receive a copy of the report and must provide a written acknowledgement that he or she
was informed of his or her pertinent rights and served with a copy of the report. 208
Serious violations generally result in pre-hearing segregation. 209 Usually, Deputy
Director b6, b7C is notified of the incident within one hour. 210 The initial report is filed, an
investigation is undertaken, and a hearing generally is conducted within twenty-four hours of the
incident, although the hearing always occurs within seventy-two hours. 211 Interpreters are
provided, and, should no interpreter be able to communicate with a detainee, HCCC uses the
AT&T translation service. 212 The final decision of the hearing panel may be appealed to
HCCC’s Director or Deputy Director, and that appeal is usually heard no later than seven days
after the initial decision. 213 The time between the initial complaint and the appeal hearing
largely depends on how long it takes a detainee to complete required forms to pursue an
appeal. 214
Determinations of guilt by the panel for major disciplinary violations usually result in
segregation, although Lt. b6, b7C indicated that there is a range of punishments depending on the
nature of the violation. 215 According to Deputy Director b6, b7C , segregation usually lasts no
longer than five days but has lasted as long as twenty days. 216 Deputy Director b6, b7C noted
that a detainee will not be segregated for more than thirty days. 217
204

Notes of delegation member

205

Notes of delegation member

206

Notes of delegation member

207

Details taken from “Inmate Disciplinary Report,” a form copy of which was provided by the facility.

208

Details taken from “Inmate Disciplinary Report,” a form copy of which was provided by the facility.

209

Notes of delegation member

, on conversation with Lt.

210

Notes of delegation member

, on conversation with Deputy Director

211

Notes of delegation member

, on conversation with Lt.

212

Notes of delegation member

, on conversation with Lt.

213

Notes of delegation member

214

Notes of delegation member

, on conversation with Lt.

215

Notes of delegation member

, on conversation with Lt.

216

Notes of delegation member

, on conversation with Deputy Director

217

, on conversation with Lt.
b6

, on conversation with Lt.

.
b6, b7C

, on conversation with Lt.

.
.

b6, b7C

.
b6, b7C

b6, b7C
b6

, on conversation with Lt.

b6, b7C

and Deputy Director
.
b6, b7C

Notes of delegation member

, on conversation with Deputy Director

b6, b7C

The Detainee Handbook lists a number of offenses that subject a detainee to discipline.218
It designates penalties for “Minor Offenses,” which may warrant punishments such as verbal or
written reprimands and institutes a living area restriction for no more than 15 days, 219 as well as
penalties for “Major Offenses,” which may result in the initiation of criminal proceedings and
segregation. 220 While offenses are categorized into the two groups for punishment, the Detainee
Handbook lists what constitutes offenses in categories C, D, E, F, and G. 221 The Detainee
Handbook provides no indication of which groups of offenses will be considered minor, as
compared to major. Further, although the Detainee Handbook sets forth pre-hearing segregation
procedures, it does not indicate the process followed by the disciplinary panel when initially
ruling on a disciplinary infraction or the process by which that determination may be
appealed. 222
G.

Staff-Detainee Communication

The Standards require that procedures be in place “to allow for formal and informal
contact between key facility staff, 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.” 223 Scheduled
weekly visits must be conducted by ICE personnel, and “regular unannounced (not scheduled)
visits” must be conducted by the ICE OIC, the Assistant OIC, and designated department
heads. 224 The unannounced visits must occur regularly. 225 The visits permit ICE staff to
monitor housing conditions, interview detainees, review records, and answer questions for
detainees who do not comprehend the immigration removal process. 226 The Standards also
provide 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.” 227 All facilities 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.” 228 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.” 229

218

Hudson County Correctional Center ICE Detainee Handbook, pp. 22-28.

219

Hudson County Correctional Center ICE Detainee Handbook, p. 28.

220

Hudson County Correctional Center ICE Detainee Handbook, p. 28.

221

Hudson County Correctional Center ICE Detainee Handbook, pp. 22-28.

222

Hudson County Correctional Center ICE Detainee Handbook, p. 21.

223

DOM Detainee Services, Staff-Detainee Communication, Section I.

224

DOM Detainee Services, Staff-Detainee Communication, Section III.A.

225

DOM Detainee Services, Staff-Detainee Communication, Section III.A.1.

226

DOM Detainee Services, Staff-Detainee Communication, Section III.A.

227

DOM Detainee Services, Staff-Detainee Communication, Section III.B.

228

DOM Detainee Services, Staff-Detainee Communication, Section III.B.

229

DOM Detainee Services, Staff-Detainee Communication, Section III.B.1.

HCCC meets these requirements in the Standards. Both the male and female housing
units at HCCC contain a lock box with the English description: “ICE Grievance/Complaint
Box.” 230 The lock box contains a slot in which detainees may place written complaints. 231 Only
ICE staff members have a key to the lock box. 232 A sign above the lock box indicates that an
ICE staff member will empty the lock box every Monday, Wednesday, and Friday, 233 but Lt.
b6, b7C
and Deputy Director b6, b7C stated that an ICE staff member empties the lock box
234
daily.
ICE conducts scheduled visits to HCCC. 235 ICE provided the delegation with an
example of a list posted in HCCC of ICE officers scheduled to visit and meet with detainees. 236
A female detainee approached Deputy Director b6, b7C during the delegation’s visit to ask a
question informally. 237
HCCC staff takes steps to encourage staff-detainee communication where language is an
issue; Lt. b6, b7C cited one instance in which the AT&T translation service was utilized to aid in
communication with a detainee who spoke Chinese. 238
The Detainee Handbook also sets forth a formal grievance procedure and provides the
address where detainees may send complaints about officer misconduct. 239 A posted flyer
provides detainees with an address and phone number for the DHS Office of the Inspector
General (OIG) Hotline that detainees may use to “[r]eport suspected criminal violations,
misconduct, wasteful activities, and allegations of civil rights or civil liberties abuse.” 240
H.

Religious Practices

The Standards require that detainees of different religious beliefs be provided with
“reasonable and equitable opportunities” to practice their respective faiths. 241 Facilities must
“designate space for religious activities.” 242 Opportunities to practice must “exist for all equally,
230

Observation of delegation member

231

Observation of delegation member

232

Notes of delegation member

233

Observation of delegation member

234

Notes of delegation member

, on conversation with Lt.

b6, b7C

and Deputy Director

b6, b7C

, on conversation with Lt.

b6, b7C

and Deputy Director

b6, b7C

235

Notes of delegation member

236

b6
Observation of delegation member
; “Office of Detention and Removal Operation Newark Field
Office: ICE Deputy’s Visit Scheduled,” provided by Deputy Director b6, b7C .

237

Observation of delegation member

238

Notes of delegation member

239

Hudson County Correctional Center ICE Detainee Handbook, pp. 30-33.

240

b6
Observation of delegation member
General provided by Deputy Director

, on conversation with Deputy Director Croteau.

b6
b6

, on conversation with Lt.

b6, b7C

; flyer from Office of Homeland Security, Office of Inspector
b6, b7C

241

DOM Detainee Services, Religious Practices, Section I.

242

DOM Detainee Services, Religious Practices, Section III.E.

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. 243
Opportunities will be constrained only by concerns about safety, security, the orderly operation
of the facility, or extraordinary costs associated with a specific practice.” 244 Unless a valid
security concern exists, detainees should have reasonable access to religious property and are
permitted to wear religious headwear in all areas of the facility. 245 Moreover, a facility’s staff
shall make “all reasonable efforts to accommodate” special food services required by a
detainee’s particular religion. 246 Detainees in confinement must also be permitted to participate
in religious practices, consistent with the safety, security, and orderly operation of the facility. 247
HCCC appears to meet this section of the Standards. According to Deputy Director
, HCCC attempts to provide reasonable opportunities for individuals to engage in
religious practices. 248 HCCC contains a chapel that is used to hold religious services. 249 Inmate
b6, b7C
noted that up to eight people are permitted to gather at once to pray in a common
250
She also stated that Catholic services are held on Thursdays, and a rabbi routinely
room.
visits HCCC to officiate Jewish services. 251 Given the number of individuals of Muslim faith at
HCCC, Muslim services are held in the gymnasium, 252 and Inmate b6, b7C acknowledged that
“Muslims are treated well.” 253 HCCC relies heavily on outside volunteers to officiate religious
services. 254 However, according to Deputy Director b6, b7C a detainee who practices a religion
that is not common or for which no volunteer arrives to officiate services can make a request that
HCCC seek out an officiant. 255 If no security threat is posed, HCCC will make an effort to
accommodate the request. 256 In addition, HCCC provides certain religious articles, including,
but not limited to, crucifixes and rosary beads. 257 Should a detainee require additional religious
paraphernalia that HCCC does not provide on site, the detainee can make a request for the item,
and HCCC staff will attempt to fulfill that request if no security threat is perceived. 258 Finally,
b6, b7C

243

DOM Detainee Services, Religious Practices, Section III.E.

244

DOM Detainee Services, Religious Practices, Section I.

245

DOM Detainee Services, Religious Practices, Section III.K.

246

DOM Detainee Services, Religious Practices, Section III.M.

247

DOM Detainee Services, Religious Practices, Section III.O.

248

Notes of delegation member

, on conversation with Deputy Director

Notes of delegation member

250

Notes of delegation members

.
b6, b7C

249

, on conversation with Deputy Director
and

, on conversation with Inmate

Notes of delegation members

252

Notes of delegation member

253

Notes of delegation members

254

Notes of delegation member

, on conversation with Lt.

255

Notes of delegation member

, on conversation with Deputy Director

256

Notes of delegation member

and

.
b6, b7C

251

, on conversation with Inmate

, on conversation with Lt.
and

b6, b7C

and Deputy Director

, on conversation with Inmate
b6, b7C

.
.
b6, b7C

257

Notes of delegation member

, on conversation with Deputy Director

258

Notes of delegation member

, on conversation with Deputy Director

.
.

b6, b7C

and Deputy Director

, on conversation with Deputy Director

b6, b7C

detainees are permitted to wear religious headwear and possess other religious items if those
items are not deemed to create a security risk. 259 During the delegation’s visit, a male detainee
was seen wearing a headscarf, and a female detainee was observed wearing rosary beads around
her neck. 260 This is consistent with the Detainee Handbook, which notes that detainees may
wear religious items “that do not pose a threat to safety/security.” 261
The Detainee Handbook informs detainees that “[s]pecial diets based on religious
requirements will be arranged through ICE.” 262 Inmate b6, b7C noted “no pork is ever served”
at HCCC to avoid inconsistencies with faith-based dietary restrictions. 263 Detainees with other
faith-based dietary restrictions can address HCCC staff with dietary requests. 264 For example,
b6, b7C
Inmate
remarked that to accommodate detainees of Muslim faith during Ramadan
HCCC serves food at night and at four o’clock in the morning, and the practicing Muslim
detainees receive the same amount of food served during the course of the day to other
detainees. 265 Specific faith-based meals are often brought into HCCC by outside volunteers. 266
Lt. b6, b7C cited one example of a rabbi who brought faith-based meals into HCCC to be served
to detainees of Jewish faith. 267 Lt. b6, b7C acknowledged that, given the large number of
individuals of Muslim faith at HCCC, it is impractical for HCCC to itself satisfy some specific
Muslim faith-based meal requests. 268 He noted, however, that HCCC would receive a volunteer
wiling to supply specific faith-based meals to HCCC’s large Muslim population. 269
I.

Medical Care

The Standards require that all detainees have their medical, dental and mental health care
needs met in a timely and efficient manner. 270
HCCC meets this section of the Standards. Upon arrival at HCCC, detainees are
subjected to a medical examination and, until they receive medical clearance, are housed in a

259

Notes of delegation member

260

Observation of delegation member

261

Hudson County Correctional Center ICE Detainee Handbook, p. 20.

262

Hudson County Correctional Center ICE Detainee Handbook, p. 8.

263

Notes of delegation members

264

Notes of delegation member

265

Notes of delegation members

266

Notes of delegation member

267

Notes of delegation member

, on conversation with Deputy Director

b6
b6

b6, b7C

and

, on conversation with Inmate

, on conversation with Lt.
and

b6, b7C

, on conversation with Lt.
b6

.
b6, b7C

268

Notes of delegation member

, on conversation with Lt.

269

Notes of delegation member

, on conversation with Lt.

270

DOM Detainee Services Standard, Medical Care, Part IV, Section 22.

b6, b7C

, on conversation with Inmate

, on conversation with Lt.

b6, b7C

separate intake unit. 271 Medical clearance, including results from x-rays and tuberculoses
testing, can take anywhere from three days to two weeks. 272
HCCC employs twenty registered nurses or nursing assistants, who are all county
employees. 273 In addition, there are seven doctors working at the hospital, through a vendor,
Correctional Health Services (“CHS”). 274 An eighth doctor works as the medical administrator
for the prison. 275 HCCC employs two psychiatrists and two psychologists. 276 In addition to the
medical center, a “satellite” medical office is located just outside the entrance to the housing
pods. 277
Detainees have one dedicated nurse practitioner who is assigned to their care and is the
primary contact for detainees’ medical issues. 278 Medical staff is on call twenty-four hours a
day, seven days a week. 279 The nurse practitioner is available for sick calls on weekdays from
8:00 a.m. to 4:30 p.m. 280 Medical emergencies are sent to the hospital for evaluation. 281
A posted flyer, written in English and Spanish, encourages detainees to “talk to a staff
member or the medical staff” if the detainee feels that he or she is suffering from the listed
symptoms, which were indicative of suicidal impulses. 282
Non-emergent dental care is addressed at HCCC by county-employed dentists. 283 More
serious or emergency services are provided by contract vendors. 284
For non-emergent medical needs, sick call is held every day. 285 HCCC provides a form
which detainees can fill out to receive medical attention. 286 The forms are placed in a clearly
271

Notes of delegation member

, on conversation with Lt.

272

Notes of delegation member

, on conversation with Lt.

273

Notes of delegation member

, on conversation with Lt.

274

Notes of delegation member

, on conversation with Lt.
b6, b7C

275

Notes of delegation member

, on conversation with Lt.

276

Notes of delegation member

, on conversation with Lt.

277

Notes of delegation member

, on conversation with Lt.

278

Notes of delegation member

, on conversation with Lt.

279

Notes of delegation member

280

Notes of delegation member

, on conversation with Lt.

b6, b7C

on conversation with Lt.
b6

281

Notes of delegation member

282

Observation of delegation member
Director b6, b7C .

283

Notes of delegation member

284

Notes of delegation member

.
.

b6, b7C

on conversation with Lt.
b6

; Suicide Prevention Flyer prepared by ICE, provided by Deputy
, on conversation with Lt.

, on conversation with Lt.
b6

.
b6, b7C

285

Notes of delegation member

, on conversation with Lt.

286

Notes of delegation member

, on conversation with Lt.

marked box near the telephones in each housing unit and are collected, daily, by the medical
staff. 287
The inmate we spoke with was critical of the response time for receiving medical care. 288
The inmate also complained that she had painful swelling of the gums but was initially denied
access to a dentist and forced to treat her symptoms with painkillers. 289 The inmate noted
however, that when the problem returned six months later, she was provided with access to a
dentist. 290
J.

Recreation

The Standards require that all detainees have access to recreational programs and
activities under conditions of security and safety. 291 Detainees should be housed in facilities
with outdoor recreation and be provided with access one hour per day, five days per week. 292 If
a facility provides only indoor recreation, detainees must have access for at least one hour per
day, including exposure to natural light. 293 Detainees should have access to “fixed and movable
equipment,” including opportunities for cardiovascular exercise, and games and television in
dayrooms. 294 Under no circumstances will a facility require detainees to forego law library
privileges for recreation privileges. 295
HCCC meets this section of the Standards. Each housing unit has a triangular-shaped
recreation room approximately 40’ x 30’ x 30’ that has one wall of chain link fencing allowing
open air and sunlight to enter. 296 The recreation area is open to detainees seven days a week
from 7:00 a.m. until 9:00 p.m., and detainees may remain in the room as long as they want. 297
There are two pieces of “equipment” in each recreation room: a metal bar for doing pull-ups, and
a folded-up ping-pong table. 298 Each housing unit also has two television sets. 299 Since

287

Notes of delegation member

288

Notes of delegation members

289

Notes of delegation members

290

Notes of delegation members

291

DOM Detainee Services, Recreation, Section I.

292

DOM Detainee Services, Recreation, Sections III.A. & B.

293

DOM Detainee Services, Recreation, Section III.B.

294

DOM Detainee Services, Recreation, Section III.G.

295

DOM Detainee Services, Recreation, Section III.B.

296

Observations of delegation members

297

Notes of delegation members

298

Observations of delegation member

299

, on conversation with Lt.

and

, on conversation with Inmate

and

.
b6, b7C

, on conversation with Inmate

and

.
b6

Observations of delegation member

, on conversation with Inmate

and

b6, b7C

, on conversation with Lt.

b6, b7C

recreation is available to detainees throughout the day, law library privileges do not interfere
with recreation privileges. 300
K.

Voluntary Work Program

The Standards require that every facility with a work program will provide detainees who
are physically and mentally able to work the opportunity to work and earn money. 301
HCCC appears to meet this section of the Standards. HCCC offers detainees the
ability to voluntarily participate in several work details for which compensation is provided. 302
According to Lt. b6, b7C , however, few detainees desire to participate in such work details
because many duties require detainees to intermingle or work alongside the prison’s general
population inmates, and the vast majority of ICE detainees choose to avoid conflict entirely by
not participating in the voluntary work program. 303 According to Lt. b6, b7C , the general
population inmates resent the ICE detainees because of the additional rights they are afforded,
and there is tension and animosity that exists between these two groups. 304
L.

Hunger Strikes

The Standards require that detainees be monitored, counseled and provided appropriate
treatment while on a hunger strike. 305 Any detainee who does not eat for 72 hours must be
referred to the medical department for evaluation and possible treatment. 306
HCCC meets this section of the Standards. As soon as any detainee alerts HCCC
officials that he or she is on a hunger strike, or officials become otherwise aware, Lt. b6, b7C
b6, b7C
practice is to immediately contact ICE Field Office Director
. 307 Any detainee on a
hunger strike is transferred to the medical center for monitoring and oversight. 308 Often, Officer
b6, b7C
or his staff will contact a hunger-striking detainee to determine if they can reach an
agreeable resolution. 309 Lt. b6, b7C receives regular updates regarding a hunger strike and he

300

Observations of delegation member
b6 , on conversation with Lt.

; notes of delegation members

b6
b6, b7C

and

301

DOM Detainee Services Standard 18, Sections I & III.A.

302

Notes of delegation member

303

Notes of delegation member

304

Notes of delegation member

305

DOM Detainee Services Standard 19, Section I.

306

DOM Detainee Services Standard 19, Section III.A.1.

307

Notes of delegation member

, on conversation with Lt.
b6

, on conversation with Lt.

b6, b7C

, on conversation with Lt.

and Deputy Director
b6, b7C

308

Notes of delegation member

309

Notes of delegation member

, on conversation with Lt.

b6, b7C

and Deputy Director

, on conversation with Deputy Director

b6, b7C

immediately provides all information to Officer b6, b7C . 310 HCCC has not had a large number of
hunger strikes; Lt. b6, b7C estimated an average of one per year for the last few years. 311
M.

Staff Training 312

To ensure “that facility staff, contractors, and volunteers are competent in their assigned
duties,” the PBNDS require that those individuals “receive initial and ongoing training.”313 Prior
to assuming their duties at an ICE facility, new employees, contractors, and volunteers must “be
provided an appropriate orientation to the facility and the ICE/DRO National Detention
Standards.” 314 Training programs should be commensurate with the responsibilities to be
imposed on the individual being trained. 315 Both initial orientation and annual training programs
should include “self-defense and use-of-force procedures,” 316 testing for “competency in
firearms use,” 317 “information on the facility’s written code of ethics,” 318 and “information on
drug-free workplace requirements and procedures.” 319
HCCC appears to meet this section of the PBNDS. According to Lt. b6, b7C , all
officers receive eighteen weeks of “Academy Training,” one of which is spent in a detention
facility, before they are commissioned to oversee detainees. 320 Upon arrival at HCCC, new
officers receive two weeks of in-house training conducted by the HCCC in-house training
unit. 321 That training covers, among other things, officer interaction with ICE detainees, the
Standards, use-of-force procedures, and firearms use. 322 Additionally, it is mandated that all
officers annually undertake between thirty-two and forty hours of additional training, which
focuses on topics similar to those covered during the initial orientation period. 323
VIII. Conclusion

310

Notes of delegation member

, on conversation with Lt.
b6

b6, b7C

311

Notes of delegation member

312

A staff-training Standard is included only in the Performance Based National Detention Standards (PBNDS). No
corresponding standard exists under the Standards presently in effect.

313

Performance Based National Detention Standards (PBNDS), Training Standard, Section I.

314

PBNDS, Staff Training Standard, Section II.1.

315

PBNDS, Staff Training Standard, Sections II.2, 4–8.

316

PBNDS, Staff Training Standard, Section II.11.

317

PBNDS, Staff Training Standard, Section II.9.

318

PBNDS, Staff Training Standard, Section II.14.

319

PBNDS, Staff Training Standard, Section II.13.

320

Notes of delegation member

321

Notes of delegation member

, on conversation with Lt.

.
b6, b7C

322

Notes of delegation member

, on conversation with Lt.

323

Notes of delegation member

, on conversation with Lt.

Overall, HCCC has made many improvements to their facility since the last delegation
visited in August 2006. This delegation found that while the HCCC adequately met some of the
Standards that were reviewed, the facility fell short of satisfying certain significant provisions
promulgated by the Standards. The major areas where problems that remain are:
 General Visitation. HCCC does not allow visits on weekends, and the Detainee
Handbook does not detail non-legal visitation hours or procedures.
 Telephone Access to Legal Representatives. Improper time limits are placed on
attorney telephone calls, legal calls may be monitored, and private calls to attorneys
are not readily available or offered.
 Incoming Calls and Messages. Messages are not delivered to detainees.
 Library Access and Legal Materials. The Detainee Handbook does not include
the policy for requesting additional time and materials from the law library, and a
list of library holdings was not posted in the library.
 Indigent Legal Correspondence. The Detainee Handbook states that indigent
detainees are only given funding for three letters a week, and does not mention any
funding for special correspondence, or the payment of all postage for mail related
to legal matters at the government expense.
 Disciplinary Policy. Certain incidents are not detailed in a report, and aside from
the pre-hearing process, the Detainee Handbook neither expressly mentions the
disciplinary process nor clearly differentiates minor offenses from major offenses.
Whether HCCC meets the following Standard remains unclear.
 Classification of Detainees. It is unclear whether HCCC meets this Standard,
because it is unclear how female detainees are separated.
This facility should continue to take steps to improve in all the categories listed above.

Facility Name: HUDSON COUNTY CORRECTIONAL CENTER
Date of Tour: October 7, 2008
b6

Tour Participants: Latham & Watkins LLP attorneys
,
,
, and
*Standards are Detainee Services Standards unless otherwise indicated. Standards excerpts are typed verbatim. Issues are generally listed in their order from the Report.
Report comments in bold are priority issues for ICE-ABA discussion.
Delegation Report

Source

Standard 16, Telephone Access
III.J. Facility staff shall not electronically monitor detainee
telephone calls on their legal matters, absent a court order.



The Hudson County Correctional ICE Detainee
Handbook (HCCC Detainee Handbook) States
that all telephone calls are monitored for their
duration, this includes all legal calls. (p.9 ¶2)

HCCC Detainee
Handbook p.5, and Lt.
and Deputy
Director



A method for private calls is available in the
social workers’ office, but the process is not
explained to detainees. Facility staff stated that
it would be too burdensome to explain. (p.10 ¶1)

Deputy Director

III.F. If time limits are necessary for such calls, they shall
be no shorter than 20 minutes ….



All phone calls are automatically disconnected
after 15 minutes. (p.9 ¶2)

HCCC Detainee
Handbook p.5.

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



The facility does not routinely take and deliver
phone messages for detainees, even messages
from legal representatives. (p.10 ¶3)

Standard 17, Visitation
III.H.1. Visits shall be permitted during set hours on
Saturdays, Sundays, and holidays.



Non-legal visits are not allowed on Friday,
Saturday or Sunday. (p.6 ¶2)

Delegation
observations; Deputy
Director
and
Lt.
.
Delegation
observations; Lt.
.

III.B. The facility shall provide written notification of
visitation rules and hours in the detainee handbook, or
equivalent, given each detainee upon admittance. The
facility shall also post these rules and hours where
detainees can easily see them.



HCCC Detainee Handbook does not detail
visitation hours or procedures. (p.6 ¶2)

b6, b7C
b6, b7C

b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

ICE
Response

b6, b7C

III.F. The facility shall not restrict the number of calls a
detainee places to his/her legal representative, nor limit the
duration of such calls by rule or automatic cut-off, unless
necessary for security purposes or to maintain orderly and
fair access to telephones.

b6, b7C

ICE Standard*

HCCC Detainee
Handbook, pp.16-17.

Standard 1, Access to Legal Material
III.Q. The detainee handbook or equivalent, shall provide
detainees with the rules and procedures
governing access to legal materials, including the following
information:
1. that a law library is available for detainee use;
2. the scheduled hours of access to the law library;
3. the procedure for requesting access to the law library;
4. the procedure for requesting additional time in the law
library (beyond the 5 hours per
week minimum);
5. the procedure for requesting legal reference materials not
maintained in the law library; and
6. the procedure for notifying a designated employee that
library material is missing or damaged.
These policies and procedures shall also be posted in the law
library along with a list of the law library's holdings.
Standard 4, Detainee Classification System
III.F. When it becomes necessary to house detainees of
different classification levels the following
guidelines shall be followed:
1. Level three detainees will not be housed with level one
detainees.
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 circumstance will a level two detainee with a
history of assaultive or combative behavior be placed in a
level one housing unit.
4. In facilities that have single cell living arrangements,
detainees that pose an immediate and serious threat of
violence to staff or other detainees shall be housed there.



The HCCC Detainee Handbook does not indicate
the scheduled hours of detainee access to the
library, the procedure for requesting additional
time/materials, or how to notify a designated
employee that material is missing or damaged. (p.11
¶4)

HCCC Detainee
Handbook p.9.



It is unclear how or whether female ones and threes
are segregated because there is only one unit of
housing for female detainees. (p.17 ¶2)

Delegation observations.

ABA Commission on Immigration - Detention Standards Implementation Initiative

Standard 5, Security and Control
III.B. Officers who witness a prohibited act or have reason to
suspect one has been committed shall prepare and submit an
incident report.
III.L. The detainee handbook, or equivalent, shall notify
detainees of the following:
1. The disciplinary process.
2. The prohibited acts and disciplinary severity scale:
3. The procedure for appealing disciplinary findings.
Standard 3, Correspondence and Other Mail
III.I. 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.
Indigent detainees will be permitted to mail the following at
government expense:
1. All correspondence related to a legal matter, including
correspondence to a legal representative, potential legal
representative, and any court,
2. Packages containing personal property, when the OIC
determines that storage space is limited and that mailing the
property is in the government's best interest (see the
"Control and Disposition of Contraband” standard).

b6, b7C



Minor incidents are not always detailed in a report.
(p.19 ¶3)

Lt.



The HCCC Detainee Handbook neither expressly
mentions the disciplinary process nor clearly
differentiates minor offenses from major offenses.
(p. 21 ¶1)

HCCC Detainee
Handbook, pp.22-28.



The HCCC Detainee Handbook states that indigent
detainees will receive postage and stationery to send
up to three first class letters per week; however,
there is no mention of postage for special
correspondence or for all mail related to legal
matters. (p. 18 ¶1)

HCCC Detainee
Handbook, p.18.

ABA Commission on Immigration - Detention Standards Implementation Initiative

Hudson County
Dep~entofCO~ons

. EN,GLISH

:.",'

HANDBOOK

l.e.E. J)ETAINEE

Issued Q6/05

',,:.

R~issued07l08

",. "

'?:,