One Newark Center, 16th Floor
Newark, New Jersey 07101-3174
Tel: (973) 639-1234 Fax: (973) 639-7298
www.lw.com
FIRM / AFFILIATE OFFICES

MEMORANDUM

Brussels

New York

Chicago

Northern Virginia

Frankfurt

Orange County

Hamburg

Paris

Hong Kong

San Diego

London

San Francisco

Los Angeles

Shanghai

Milan

Silicon Valley

Moscow

Singapore

Munich

Tokyo

New Jersey

Washington, D.C.

August 11, 2006

To:
From:
File no:
Copy to:
Subject:

I.

John P. Torres, Director, Office of Detention and Removal, Immigration and
Customs Enforcement
American Bar Association Delegation to Hudson County Jail (IGSA) in New
Jersey1
502130-0027
(b)(6)
, American Bar Association Commission on Immigration
Report on Observational Tour of the Hudson County Jail, Kearny, N.J.

Introduction

This memorandum evaluates and summarizes our delegation’s findings regarding the
Hudson County Jail—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 detainees and facility staff on July 26, 2006.
The Immigration and Naturalization Service (INS) promulgated the “INS Detention
Standards” (“Standards”) in November 2000 to ensure the “safe, secure and humane treatment
of individuals detained by the INS.” The 38 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 Service Processing Centers (“SPCs”),
Contract Detention Facilities (“CDF”), and state and local government facilities used through
Intergovernmental Service Agreements (“IGSA”). The Detention Standards went into effect on
January 1, 2001, and were to have been implemented at each facility by January 2003. 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 Standards.

1

The delegation was comprised of Latham & Watkins LLP attorney
(b)(6)

NJ\127499.3

(b)(6)

, and summer associates

Overall, the delegation found that the Hudson County Jail failed to adequately
demonstrate that it meets the Standards.
II.

General

On the date of our visit, the facility had approximately 1,912 inmates. Officer
(b)(6), (b)(7)c
”) served as our guide and informed us that there were
2
approximately 210-250 ICE detainees. Of these ICE detainees, fewer than 30 were women.3
ICE pays the facility either $78 or $80 per detainee per day.4 When asked about the dominant
detainee country of origin, Officer (b)(6), (b)(7)c indicated there was no dominant country, but rather a
“big mix.”5 The average length of stay for detainees is three months or less, but Officer (b)(6), (b)(7)c
explained that some stay longer due to pending court matters such as appeals.6
b6,b7c

III.

Legal Access: Visitation by Attorneys
A.

Hours of Access

According to the Standards, legal visitation should be allowed seven days a week for a
minimum of eight hours on weekdays and four hours on the weekends.7 The facility must
provide notice of visitation rules in the detainee handbook, and post the rules and hours where
detainees may easily see them.8
HCJ does not appear to meet this section of the Standards: attorney visitation hours
during the week fall short of the required eight hours; attorney access during the weekends
may be denied; and two detainees stated they had not received a handbook or notice of the
(b)(6), (b)(7)c
attorney visitation policy. Lieutenant
”) informed the delegation
that attorney visitation hours are as follows: Monday – Friday 9 a.m. - 1 p.m. and 6 p.m. – 9
p.m.; Saturdays and Sundays 9 a.m. – 12 p.m., 1 p.m. – 2 p.m., and 6 p.m. – 9 p.m.9 Based on
this information, legal visitation is only permitted for seven hours a day on weekdays, which
falls one hour short of the Standards, whereas on weekends the attorney visitation policy allows
for seven hours of visitation per day, which exceeds the Standards. However, one detainee
informed the delegation that an officer at the facility told him attorney visitation on the weekends

2

Notes of delegation member

3

Notes of delegation member

4

Notes of delegation member

5

Notes of delegation member

6

Notes of delegation member

on conversation with Officer C
(b)(6)

on conversation with Officer C
on conversation with Officer C(b)(6), (b)(7)c
on conversation with Officer

(b)(6)

on conversation with Officer

7

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

8

DOM Detainee Services Standard 17, Section III.B.

9

Notes of delegation member

(b)(6)

on conversation with Officer

2
NJ\127499.3

(b)(6), (b)(7)c

was not permitted.10 This detainee, along with another detainee in a separate interview, had both
heard about an attorney who came to the facility on a Sunday to meet with a client for a Monday
court hearing, but was not permitted access.11
All detainees apparently do not receive the detainee handbook: two detainees stated that
they had never received the detainee handbook or a document explaining the attorney visitation
policy.12 However, a third detainee indicated that he did receive a detainee handbook.13
B.

Access to Attorneys and Legal Representatives

According to the Standards, attorneys without Bar cards must be granted access if they
show other available documentation.14 Additionally, the Standards allow an unaccompanied
legal assistant to meet with the detainee during legal visitation hours upon presentation of a letter
of authorization from the legal representative under whose supervision he or she is working.15
Hudson County Jail appears to meet this section of the Standards. Officer (b)(6), (b)(7)c
stated that Bar cards are required for admittance, but if a visitor’s state does not issue them, he
can obtain prior approval for the visitor.16 He also indicated that attorneys do not need to call the
jail prior to their visit.17 Paralegals may visit detainees, as well as any interpreters, when
accompanied by an attorney or legal assistant.18
C.

Privacy

According to the Standards, an attorney or legal representative must be provided with a
private room to conduct a meeting with possible visual, but no audio, observation.19 Attorneys,
legal representatives, law students and legal assistants should be able to provide the detainee
with paper documents, and the detainee should have the right to retain or have reasonable access
to them.20

10
11

Notes of delegation member

on conversation with Detainee

(b)(6), (b)(7)c

(b)(6)

Notes of delegation member
(“Detainee (b)(6), (b)(7)c .

12
(b)(6)

, on conversation with Detainee

(b)(6)
gation member
, on conversation with Detainee
(b)(6), (b)(7)c
on conversation with Detainee

13

Notes of delegation member

14

DOM Detainee Services Standard 17, Section III.I.4.

15

DOM Detainee Services Standard 17, Section III.I.3.

16

Notes of delegation member

17

Notes of delegation member

18

Notes of delegation member

19

DOM Detainee Services Standard 17, Section III.I.9.

20

DOM Detainee Services Standard 17, Section III.I.10.

(b)(6)

, on conversation with Detainee

(b)(6), (b)(7)c

(b)(6), (b)(7)c

on conversation with Officer
(b)(6)

, on conversation with Office (b)(6), (b)(7)c
on conversation with Officer

3
NJ\127499.3

(b)(6), (b)(7)c

notes of delegation member

HCJ meets this section of the Standards. The facility has six attorney rooms and an
additional “large room” available for attorney visits.21 Lt. (b)(6), (b)(7)c told us that the attorney
visitation rooms are observed visually by the guards, but that the guards cannot hear the
conversations.22 One detainee had an attorney visit and indicated that it was held in a private
room with no one else present.23 This same detainee was able to retain documents that were
provided by his attorney.24
IV.

Legal Access: Telephones
A.

General Requirements

The Standards provide that facilities shall permit detainees to have reasonable and
equitable access to telephones.25 Facilities must provide at least one telephone for every 25
detainees.26 The Standards provide that the facility shall maintain detainee telephones in proper
working order and that staff shall inspect the telephones regularly.27 The Standards also state
that the facility must post the telephone access rules where detainees can easily see them and
provide the detainees a written copy of the telephone access rules upon arrival.28
HDJ does not fully meet this section of the Standards: there are no telephone access
rules posted. The telephone service provider at the Hudson County facility is GTL.29 There are
six phones in each housing unit or “pod,” in a public area.30 There are an additional two phones
in the hallway,31 but it is unclear whether the detainees can use the phones in the hall. Of the six
phones in the housing unit, five were functional.32 The maximum capacity in a housing unit is
approximately sixty people; therefore, the one telephone per twenty-five detainees requirement
under the Standards is met.

21

Notes of delegation member

22

Notes of delegation member

23

Notes of delegation member

24

Notes of delegation member

, on conversation with Officer (b)(6), (b)(7)c
(b)(6)

on conversation with Lt.(b)(6), (b)(7)c
, on conversation with Detaine
(b)(6), (b)(7)c

(b)(6)

on conversation with Detainee

25

DOM Detainee Services Standard 16, Sections I & III.A.

26

DOM Detainee Services Standard 16, Section III.C.

27

DOM Detainee Services Standard 16, Section III.D.

28

DOM Detainee Services Standard 16, Section III.B.

29

Observation of delegation leader

30

Observations of delegation membe

(b)(6)

31

Observations of delegation membe
unit.

32

(b)(6)

The new facility also contained six phones in each housing

Observation of delegation member

4
NJ\127499.3

Lt. (b)(6), (b)(7)c seemed unsure of the procedure for fixing a non-functional phone, but he did
(b)(6), (b)(7)c
state that the staff responds to complaints as they arise.33 According to Detainees
(b)(6), (b)(7)c
(“Detainee
the phones are
usually in working order and they do not have problems.34
The delegation observed that there were no postings regarding the telephone access rules
in English or any other language.35 Detainee (b)(6), (b)(7)c stated that he had never received a
handbook or any other written rules regarding telephone access.36 He stated that to use the
phone he sought assistance from another detainee.37
B.

Direct Calls and Free Calls

The Standards provide that detainees should be able to make free calls to consular offices
and to the ICE-provided list of free legal service providers; they should be able to make direct
calls to local courts and government offices, and to family members in personal emergencies.38
In addition, the facility shall Detainees in the Special Management Unit for disciplinary reasons
shall be permitted to make direct and/or free calls, except under compelling security conditions.39
HCJ does not meet this section of the Standards: detainees apparently do not have
access to the list of free legal service providers; one detainee reported difficulties reaching
consulates; and one detainee reported that he was denied telephone access for 11 days while
he was in disciplinary segregation. When using the phone, detainees can make collect calls or
purchase a phone card.40 According to Lt. (b)(6), (b)(7)c phone cards are generally used to place
international phone calls.41 The estimated cost of a phone card is $27.50 for 15 “units.”42
The delegation observed that a consulate list was posted near the phones, and it appeared
that the phones were pre-programmed to allow free phones calls to consular offices.43 Detainee
33

Notes of delegation member

on conversation with

(b)(6), (b)(7)c

(b)(6)

34

(b)(6), (b)(7)c
Notes of delegation member
on conversations with Detainee
(b)(6), (b)(7)c
(b)(6)
P
notes of delegation member
on conversation with Detainee (b)(6), (b)(7)c and
Detainee (b)(6), (b)(7)c

35

Observation of delegation member

36

Notes of delegation member

(b)(6)

on conversation with Detainee
(b)(6), (b)(7)c

(b)(6)

37

Notes of delegation member

38

DOM Detainee Services Standard 16, Section III.E.

39

on conversation with Detainee

DOM Detainee Services Standard 16, Section III.G.

40

Notes of delegation member

41

Notes of delegation member

42

Notes of delegation member
on conversation with Lt.
did not know how
(b)(6), (b)(7)c
much time a “unit” is. Detainee
) informed the delegation that he had been
unable to speak with his family in Nigeria because Nigeria did not accept collect calls, and he could not afford to
purchase a phone card. Notes of delegation member
on conversation with Detainee (b)(6), (b)(7)c
(b)(6)

43

Observation of delegation member

on conversation with Lt.
on conversation with Lt.

(b)(6)

(b)(6)

5
NJ\127499.3

(b)(6), (b)(7)c

stated that consulate calls are free.44 Detainee (b)(6), (b)(7)c stated that it was difficult to
connect to certain consulates, and told the delegation that he had complained about calls to
consulates not working approximately three months prior to our visit, but to date the problem had
not been fixed.45 Detainee (b)(6), (b)(7)c said he was successful at calling the consulate in Trinidad.46
(b)(6), (b)(7)c

Outside of this provision for consulates, however, there was no procedure posted for
detainees to make phone calls with no charge.47 There was also no list of free (pro-bono) legal
service providers posted near the phones.48 Lt. (b)(6), (b)(7)c stated that for a detainee to contact any
legal representative, the detainee must request permission from the on-site social worker.49 Lt.
(b)(6), (b)(7)c explained that the social worker would dial the number to ensure that call was in fact to
an attorney or legal representative.50 The detainee would then be permitted to speak with the
legal representative.51 Detainee (b)(6), (b)(7)c reported that he had tried to place a call to an attorney
but was unsuccessful because the social worker required the name and number of the attorney,
and Detainee (b)(6), (b)(7)c did not have this information.52 This is to be anticipated given that
Detainee (b)(6), (b)(7)cwas never provided with a list of pro-bono attorneys.53
Lt. (b)(6), (b)(7)c stated that detainees in disciplinary segregation are allowed the same phone
privileges as other detainees.54 However, Detainee (b)(6), (b)(7)c stated that during his first 11 days in
the facility he was kept in disciplinary segregation and denied telephone access altogether.55
C.

Telephone Access to Legal Representatives

The Standards provide that the facility shall not limit the number of calls that detainees
place to their legal representatives.56 If time limits are necessary, they must be no shorter than
20 minutes.57 The Standards require that the facility ensure privacy for detainees’ telephone
calls regarding legal matters, and that calls shall not be electronically monitored absent a court

44

Notes of delegation member

45

Notes of delegation member

on conversation with Detai

(b)(6)

on conversation with Detainee

(b)(6), (b)(7)c

(b)(6)

46

Notes of delegation member

47

Observation of delegation member

48

Observation of delegation member

49

Notes of delegation member

on conversation with

50

Notes of delegation member

on conversation with

51

Notes of delegation member

on conversation with

52

Notes of delegation member

on conversation with Detainee
(b)(6)

(b)(6)

(b)(6), (b)(7)c

on conversation with Detainee

53

Notes of delegation member

on conversation with Detainee

54

Notes of delegation member

on conversation with

55

Notes of delegation member

on conversation with Detainee

56

DOM Detainee Services Standard 16, Section III.F.

57

DOM Detainee Services Standard 16, Section III.F.

6
NJ\127499.3

(b)(6), (b)(7)c
(b)(6), (b)(7)c

order.58 If calls are monitored, notification shall be given to detainees in the handbook and also
at each monitored telephone.59 The facility must also notify detainees of the procedure for
obtaining an unmonitored call to a court or legal representative.60
HCJ does not meet this section of the Standards: telephone calls are generally
limited to 15 minutes per call; and it is unclear whether calls are monitored. Although no
time limit was posted, Lt. (b)(6), (b)(7)cstated that generally phones calls are limited to fifteen minutes
per call.61 The detainee handbook states that “[t]ime limits will be monitored and [the] call will
be terminated automatically if [the detainee] exceed[s] the time limit.”62 There is no limit on the
amount of calls a detainee may place in a day.63 Detainee (b)(6), (b)(7)c confirmed that phones could
be used during the times when detainees are not in lock down (i.e., 8:30 a.m. to 2:30 p.m., or
4:30 p.m. to 10:30 p.m.)64
Generally phone calls are made from the pay phones located within the housing unit, in a
large, open area that is noisy and not conducive to private calls.65 Detainee (b)(6), (b)(7)c stated that he
is discouraged from making phone calls because it is difficult to hear the party on the other line
due to the noise of the housing unit.66 As indicated above, a social worker will place calls to a
legal representative in a private area, though it is unclear whether the social worker remains
present during the phone call.67
Lt. (b)(6), (b)(7)c stated that the facility does not monitor phone calls.68 However, Detainee
(b)(6), (b)(7)c stated that when making a phone call, an announcement is made to the receiving party
that the conversation may be monitored or recorded.69 There is no notice regarding monitoring
posted near the telephones.70
D.

Incoming Calls and Messages

58

DOM Detainee Services Standard 16, Section III.J.

59

DOM Detainee Services Standard 16, Section III.K.

60

DOM Detainee Services Standard 16, Section III.K.

61

Notes of delegation member

62

Hudson County Department of Corrections: English I.C.E. Detainee Handbook (issued 06/05), at page 3.

63

Notes of delegation member

on conversation with Lt. (b)(6), (b)(7)c

(b)(6)

on conversation with Lt. (b)(6), (b)(7)c
(b)(6)

64

Notes of delegation member

65

Observation of delegation member

66

Notes of delegation member

67

Notes of delegation member

on conversation with Detainee
(b)(6), (b)(7)c

(b)(6)

on conversation with Detainee
on conversation with Lt.
(b)(6), (b)(7)c

(b)(6)

68

Notes of delegation member

on conversation with Lt.

69

Notes of delegation member

on conversation with Detainee

70

Observation of delegation member

(b)(6)

7
NJ\127499.3

(b)(6), (b)(7)c

The Standards state that a facility shall take and deliver telephone messages to detainees
as promptly as possible.71
HCJ does not meet this section of the Standards: there are no non-emergency
messages taken by the facility. According to Lt. (b)(6), (b)(7)c no messages from attorneys are taken
or delivered to detainees.72 Lt. (b)(6), (b)(7)cstated that detainees cannot take incoming calls and that
there is no system for delivering messages, unless the message is an emergency.73 Lt. (b)(6), (b)(7)c
explained that an emergency constituted a death or serious health issue of a family member.74
Detainee (b)(6), (b)(7)c also stated that detainees never receive messages unless there is an
emergency.75
V.

Access to Legal Material
A.

Library Access

The Standards provide that facilities shall permit detainees access to a law library for at
least five hours per week.76 The Standards also state that detainees housed in administrative or
disciplinary segregation shall have law library access.77 The Standards provide that the Detainee
Handbook shall outline for the detainees with the rules and procedures governing access to legal
materials, including the scheduled hours of visitation to the library and procedure for requesting
access.78
HCJ does not fully meet this section of the Standard: the Detainee Handbook does
not include hours of visitation. In addition, staff and detainee reports differed on other
requirements: although staff indicated that detainees may access the library for five hours
per week, one detainee stated that detainees have only two hours of library access per
week, and that his request for additional time was denied. This detainee also stated that he
did not have access to the law library for 11 days while he was in segregation. Lt. (b)(6), (b)(7)c
told the delegation that the detainees were provided with at least five hours of access per week,
consistent with the Detainee Handbook; however, Lt. (b)(6), (b)(7)c did not know the days or times of
detainee visitation to the law library.79 Library personnel were also unaware of designated
library access times for the detainees.80 Detainee (b)(6), (b)(7)c stated that detainees could visit the
71

DOM Detainee Services Standard 16, Section III.I.

72

Notes of delegation member

73

Notes of delegation member

on conversation with Lt.
on conversation with Lt.

(b)(6), (b)(7)c

(b)(6)

74

Notes of delegation member

on conversation with Lt.

75

Notes of delegation member

on conversation with Detainee

76

DOM Detainee Services Standard 1, Section III.G.

77

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

78

DOM Detainee Services Standard 1, Section III.Q.

79

Notes of delegation member

80

(b)(6), (b)(7)c

on conversation with Lt (b)(6), (b)(7)c Detainee Handbook at 6.
(b)(6)

Notes of delegation member

on conversation with library personnel.

8
NJ\127499.3

library on Wednesdays and Fridays, however he was unaware of the visitation times.81 Detainee
(b)(6), (b)(7)c also stated that detainees were permitted in the library on Wednesdays and Fridays, and
noted that the library hours were from 1:30 p.m. to 2:30 p.m.82 Thus, according to Detainee
83
(b)(6), (b)(7)c there are only two hours of detainee library time per week.
Detainee (b)(6), (b)(7)cindicated
he had requested additional library time and his request was denied without justification.84
Detainee (b)(6), (b)(7)c stated upon arrival to Hudson County, he was placed in disciplinary
segregation for 11 days.85 During this time, he was not permitted to use the law library.86
(b)(6), (b)(7)c
Deportation Officer
”) indicated that detainees are not restricted in
their access to the law library.
The Detainee Handbook indicates hours of library operation, but it does not indicate the
scheduled hours of detainee access to the library.88 The Detainee Handbook states:
The Law Library will operate from 0830 hrs – 1530 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 are
posted in each dorm daily. You will be called from the list. Any book not in the facility
library can be requested through Info Link Library Services (hours of operation for both
Library/Law Library is posted in each dorm).89
Although the handbook states that sign-up sheets are posted in each dorm, the delegation did not
observe any sign-up sheets posted in the housing unit, and detainees did not indicate that this
procedure was used.90
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.91 The Standards also provide that the library

81

Notes of delegation member

on conversation with Detainee

82

Notes of delegation member

on conversation with Detainee

83

Notes of delegation member

on conversation with Detainee

84

Notes of delegation member

85

Notes of delegation member

on conversation with Detainee

86

Notes of delegation member

on conversation with Detainee

87

Notes of delegation member

on conversation with Deportation Officer

88

Hudson County Department of Corrections: English ICE Detainee Handbook (issued 06/05, “Detainee
Handbook”), at 6.

89

Detainee Handbook, at 6.

90

Observations of delegation members

91

DOM Detainee Services Standard 1, Section III.A.

(b)(6), (b)(7)c
(b)(6)

on conversation with Detainee

(b)(6)

9
NJ\127499.3

(b)(6), (b)(7)c

should be in a well-lit and reasonably isolated room and contain a sufficient number of chairs
and tables to accommodate access to all detainees who request its use.92
HCJ appears to meet this section of the Standards. The Hudson County facility
provided a law library in a separate, designated room.93 The library contained six tables, with
approximately four to five chairs at each table.94 The room was well-lit for reading purposes.95
The room was reasonably isolated from noisy areas.96
The law library contained five computers. 97 However, due to the rushed nature of the
library visit, the delegation was unable to confirm the functionality of each unit. Officer (b)(6), (b)(7)c
indicated that LexisNexis software was to be installed on the library computers.98 Additionally,
the recreation area contained two computers accessible by detainees that contained the
LexisNexis software.99 The delegation observed detainees using the computers, therefore
indicating their functionality.100 Detainee (b)(6), (b)(7)c stated that there is only one typewriter for
detainees to use.101
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.”102 Additionally,
the Standards provide that the library post a listing of its holdings.103 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.104 The Standards provide
that the facility shall designate an employee with the responsibility for updating legal
materials.105 The designated employee should make weekly inspections and maintain the library
in good working condition.106 Finally, the Standards require that the facility permit detainees to
92

DOM Detainee Services Standard 1, Section III.A.

93

Observation of delegation member

94

Observation of delegation member

95

Observation of delegation member

96

Observation of delegation member

97

Observation of delegation member

98

Notes of delegation member

99

Observation of delegation member

(b)(6)

on conversation with Officer

(b)(6)

(b)(6), (b)(7)c

(b)(6)

100

Observation of delegation member

101

Notes of delegation member

102

DOM Detainee Services Standard 1, Section III.C.

103

DOM Detainee Services Standard 1, Section III.C.

104

DOM Detainee Services Standard 1, Section III.I.

105

DOM Detainee Services Standard 1, Section III.E.

106

DOM Detainee Services Standard 1, Section III.E.

(b)(6)

on conversation with Detainee

10
NJ\127499.3

(b)(6), (b)(7)c

retain all personal legal material, unless such material creates a safety, security, or sanitation
hazard.107
HCJ does not fully meet this section of the Standard: although legal materials
appear to be available at least on some of the computers, detainees who are not computer
literate are unable to make use of them, and the library was missing hard copies of several
materials. In addition, a list of library holdings was not posted, and detainees do not
appear to be able to request additional materials. The library at the Hudson County Jail did
not have a list of its law library holdings posted, and upon request by the delegation was unable
to produce a list.108 Furthermore, the delegation’s first attempt to confirm the list of materials in
(b)(6), (b)(7)c
Attachment A was met with resistance by Lt.
who stated that going
109
through the list of materials was too time-consuming.
The delegates were, however, permitted
to return to the library after jail personnel prepared a display of immigration-related materials.110
Additionally, only the first page of Attachment A is included in the Handbook; the remaining
five pages were omitted.111
The following are the materials visually confirmed by the delegation as being in the
library; the materials were located behind the librarian’s desk or in an anteroom accessible
only by library personnel:
112

•
•
•
•
•
•

US Constitution;
United States Code, Title 8;
Code of Federal Regulations, Title 8;
Bender’s Immigration and Nationality Act Service;
Bender’s INS Regulations Service;
Black’s Law Dictionary.113

The following is a list of materials library staff indicated the library contained, although
these were not visually confirmed by the delegation:
•
•
•
•
•

Spanish-English Law Dictionary;
Other Translation Dictionaries (French, Arabic);
Administrative Decisions Under Immigration and Nationality Laws;
Rights of Prisoners;
Federal Civil Judicial Procedure and Rules;

107

DOM Detainee Services Standard 1, Section III.K.

108

Observation of delegation member

109

Notes of delegation member

110

Observation of delegation member

111

Detainee Handbook.

112

Observation of delegation member

113

Observation of delegation member

(b)(6)

on conversation with Lt.

(b)(6)

(b)(6)

(b)(6)

11
NJ\127499.3

(b)(6), (b)(7)c

•
•
•

Federal Habeas Corpus, Practice and Procedure;
Federal Criminal Code and Rules;
Criminal Procedure Handbook.114
The following materials from Attachment A were confirmed as absent from the library:

•
•
•
•
•
•
•
•
•
•
•
•
•
•

Detainee Handbook and Detainee Orientation Materials;
Immigration Law and Defense, by the National Lawyers Guild;
Immigration Law and Crimes, by the National Immigration Project of the National
Lawyers Guild;
Guide for Immigration Advocates;
Country Reports on Human Rights Practices;
Human Rights Watch-World Report;
UNHCR Handbook on Procedures and Criteria for Determining Refugee Status;
Considerations for Asylum Officers Adjudicating Asylum Claims from Women;
Immigration and Naturalization Service Basic Law Manual;
Lawyer’s Committee Handbook on Representing Asylum Applicants ;
Legal Research in a Nutshell;
Legal Research & Writing: Some Starting Points;
Directory of Nonprofit Agencies that Assist Persons in Immigration Matters;
Self-Help Materials.115

The delegation observed that there was no designated employee to review and update
legal materials.116 Officer (b)(6), (b)(7)cstated that all the materials were up to date; he seemed to rely
on the periodic Lexis disk updates as evidence of this.117 Officer (b)(6), (b)(7)c informed the delegation
that Lexis provided the facility with updates every few months.118 Officer (b)(6), (b)(7)c noted that the
Lexis software provided all materials that detainees would need that were not in hard copy in the
library;119 however, the Lexis materials would not include the HCJ Detainee Handbook.
Detainee (b)(6), (b)(7)c stated that he has not requested any additional legal materials because
he found the Lexis disks were adequate for his purposes,120 and Detainee (b)(6), (b)(7)c felt that the
library was useful for researching immigration cases.121 Detainee (b)(6), (b)(7)c noted that the library

114

Observation of delegation member

115

Observation of delegation member

116

Observation of delegation member

117

Notes of delegation member

118

Notes of delegation member

(b)(6)

on observation and conversation with Officer
on conversation with Officer
(b)(6)

(b)(6), (b)(7)c

119

Notes of delegation member

on conversation with Officer

120

Notes of delegation member

on conversation with Detainee

121

Notes of delegation member

(b)(6)

on conversation with Detainee

12
NJ\127499.3

(b)(6), (b)(7)c

(b)(6), (b)(7)c

(b)(6), (b)(7)c

did not provide many immigration sources.122 Detainee (b)(6), (b)(7)c used the books in the library,
but stated that it did not contain all of the Board of Immigration Appeals decisions.123 Only
computer literate detainees are able to access information on the computers.124 Detainee (b)(6), (b)(7)c
stated that many of the detainees do not know how to use the computers.125 Additionally, there
is no training or staff member to provide instruction and/or assistance on computer usage.126
Detainee (b)(6), (b)(7)c stated that he was able to retain his personal legal materials.127 In
addition, the delegation noted that during Detainee (b)(6), (b)(7)c interview, he had possession of his
personal legal material.128 This Standard is met.
D.

Photocopies & 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.129
The Standards also indicate that facilities must provide detainees with envelopes and stamps for
mail related to legal matters.130
HCJ substantially meets this section of the Standard; however, the copy machine is
apparently often broken. A copy machine in working order was located in the law library.131
A code is required to use the copy machine,132 and jail personnel make copies on behalf of the
detainees.133 Detainee (b)(6), (b)(7)c stated that he was able to obtain copies of legal material free of
charge.134 In addition, he noted that he could print for free from the computers with Lexis.135
Detainee (b)(6), (b)(7)c said that he had no problems with obtaining copies.136 However, Detainees
(b)(6), (b)(7)c
stated that the machine is usually broken.137
122

Notes of delegation member

on conversation with Detainee
(b)(6)

(b)(6), (b)(7)c

123

Notes of delegation member

124

Notes of delegation member

125

Notes of delegation member

126

Notes of delegation member

127

Notes of delegation member

128

Notes of delegation member

129

DOM Detainee Services Standard 1, Section III.J.

130

DOM Detainee Services Standard 1, Section III.N.

131

Observation of delegation member

132

Observation of delegation member

133

Notes of delegation member

134

Notes of delegation member

135

Notes of delegation member

136

Notes of delegation member

137

(b)(6)
Notes of delegation member
, on conversation with Detainee(b)(6), (b)(7)cnotes of delegation
(b)(6), (b)(7)c
member
on conversations with Detainee
(b)(6)

on conversation with Detainee
on conversations with detainees.

(b)(6)
(b)(6)

on conversation with Detainee

(b)(6), (b)(7)c

on observation and conversation with Detainee

(b)(6), (b)(7)c

on conversation with Detainee

(b)(6)

(b)(6), (b)(7)c

on conversation with Detainee

(b)(6)

on conversation with officer and library personnel.
(b)(6)

on conversation with Detainee
(b)(6), (b)(7)c

on conversation with Detainee
(b)(6)

on conversation with Detainee

13
NJ\127499.3

(b)(6), (b)(7)c

Lt. (b)(6), (b)(7)c stated that the Hudson County facility provides the necessary stamps and
envelopes to indigent detainees free of charge.138 Detainee (b)(6), (b)(7)c stated that detainees could
send legal materials for free if they were without funds to do so.139 Detainee (b)(6), (b)(7)c stated that a
lot of detainees go to the library to get free envelopes and that he has never had a problem
getting stamps.140
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.141 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.142 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.143
HCJ does not fully meet this section of the Standard: there do not appear to be legal
materials in languages other than English, and non–English speaking detainees have
difficulty. Lt. (b)(6), (b)(7)c stated that detainees frequently assist each other in legal research and
preparation of legal materials.144 He also stated that detainees were not permitted to charge for
such assistance.145 Detainee (b)(6), (b)(7)c informed the delegation that he assists other detainees free
of charge.146 Detainee (b)(6), (b)(7)c also helps some of the other detainees do research on Lexis.147
Detainee (b)(6), (b)(7)c stated that he did research in the library and that a fellow detainee helped him
translate the material.148 Detainee (b)(6), (b)(7)c had never been assisted by a fellow detainee, nor was
he aware that detainees were permitted to provide assistance to each other.149

138

Notes of delegation member

on conversation with Lt.

(b)(6), (b)(7)c

(b)(6)

139

Notes of delegation member

140

Notes of delegation member

141

DOM Detainee Services Standard 1, Section III.K.

142

DOM Detainee Services Standard 1, Section III.L.

143

DOM Detainee Services Standard 1, Section III.L.

144

Notes of delegation member

145

Notes of delegation member

146

Notes of delegation member

147

Notes of delegation member

on conversation with Detainee
on conversation with Detainee

(b)(6)

(b)(6), (b)(7)c

(b)(6), (b)(7)c

on conversation with Lt.
(b)(6), (b)(7)c
(b)(6)

on conversation with Lt.
on conversation with Detainee
on conversation with Detainee

(b)(6)

148

Notes of delegation member

149

Notes of delegation member

(b)(6), (b)(7)c

on conversation with Detainee
(b)(6)

on conversation with Detainee

14
NJ\127499.3

(b)(6), (b)(7)c

(b)(6), (b)(7)c

The delegation observed that the law library did not contain any non-English legal
material.150 However, library personnel stated they had a Spanish-English Dictionary.151
Detainee (b)(6) noted that it is particularly difficult for non-English speaking detainees because
little or no resources are provided in other languages.152
VI.

Group Presentations on Legal Rights

According to the Standards, attorneys and accredited representatives have the right to
conduct group legal rights presentations in detention facilities.153 The facility must post
informational posters in the housing units 48 hours in advance of a presentation.154
It is unclear whether HCJ meets this Standard: two detainees interviewed were not
aware of any of the presentations at HCJ. Lt. (b)(6), (b)(7)c indicated to us that the ACLU had been
conducting such presentations approximately once a month since last April, but that the
presentations had previously not been as frequent.155 A sign-up list is posted in a common area
for detainees.156 Paralegals and other legal staff are permitted to give presentations, and
detainees are permitted to speak privately with presenters after the meeting.157 Interpreters are
permitted to assist attorneys and their staff in communicating with non–English speaking
detainees.158 Lt. (b)(6), (b)(7)c explained that the only reason a detainee would be denied the right to
attend a group rights presentation would be for disciplinary reasons or if they were in protective
custody.159
Only one of the seven detainees that were asked had attended a group rights presentation
at the Hudson Country Jail.160 Two of the detainees had seen group rights presentations at the
Middlesex County Jail but stated they had not heard of any such presentations at Hudson County
Jail.161

150

Observation of delegation member

151

Notes of delegation member

152

Notes of delegation member

(b)(6)
(b)(6)
(b)(6)

on conversation with library personnel.
on conversation with Detainee

153

DOM Detainee Services Standard 9, Sections I, III.A.

154

DOM Detainee Services Standard 9, Section III.C.

155

Notes of delegation member

on conversation with Lt.

156

Notes of delegation member

on conversation with Lt.

157

Notes of delegation member

on conversation with Lt. (b)(6), (b)(7)c

158

Notes of delegation member

159

Notes of delegation member

on conversation with Lt.

160

Notes of delegation member

on conversation with Detainee

161

Notes of delegation member
(“Detainee (b)(6), (b)(7)c ”).

on conversation with Detainees

(b)(6)

on conversation with Lt.

15
NJ\127499.3

(b)(6), (b)(7)c

(b)(6), (b)(7)c
(b)(6), (b)(7)c

VII.

Conditions Regarding Other Provisions of the Standards
A.

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.162 The Standards require that indigent detainees be permitted to send at least
three pieces of general correspondence and five pieces of special correspondence per week, free
of charge.163
It is unclear whether HCJ fully meets this Standard, because it is unclear whether
indigent detainees are permitted to send the required amount of mail free of charge. One
detainee stated that officials only opened personal mail, and only in the presence of the
detainee.164 Another detainee stated that officials had opened his legal mail, but that it was in his
presence.165 He also stated that the mail takes a long time.166 Another detainee stated that
Hudson County Jail sells stamps for more than the United States Postal Service rate of $0.39 per
stamp.167
According to Officer (b)(6), (b)(7)c, Hudson County Jail permits indigent detainees (defined as
those with less than $3 in their accounts) to send three pieces of mail per week.168 It was unclear
whether this was the allowance for general correspondence, legal correspondence, or both.
B.

Medical Care

The Standards require that all detainees have access to medical services that promote
detainee health and general well-being.169 For detainees who are held in detention for over six
months, routine dental care may be provided.170
It is unclear whether HCJ fully meets this Standard: detainees indicated that
medical and dental care are not adequate. Hudson County Jail provides forms for detainees

162

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

163

DOM Detainee Services Standard 3, Sections III.I, and Standard 1, Section III.N.

164

Notes of delegation member

165

Notes of delegation member

166

Notes of delegation member
that he had sent a legal letter

167

Notes of delegation member

168

Notes of delegation member

on conversation with Detainee
(b)(6)

(b)(6)

on conversation with Detainee

on conversation with Detainee
noted
d after two weeks with a notice that there was not enough postage.
on conversation with Detainee(b)(6), (b)(7)c

(b)(6)

on conversation with Officer (b)(6), (b)(7)c

169

DOM Health Services Standard 2, Section I.

170

DOM Health Services Standard 2, Section III.E.

16
NJ\127499.3

(b)(6), (b)(7)c

which they can fill out to receive medical attention.171 Emergency situations receive an
immediate response, with no form required.172 Medical services are provided by Hudson County
and Correctional Health Services (CHS).173 The facility has approximately six to eight doctors,
25-30 nurses, and four mental health professionals on site.174
Only one of the detainees we spoke to had required medical (non-dental) attention while
at Hudson County Jail; he required treatment for a fungus and sought medical advice on his diet,
as he is a strict non-dairy vegetarian.175 He stated that he received satisfactory treatment for the
fungus but did was not satisfied with the assistance he received with his nutritional concerns.176
He stated that he has not received sufficient greens, iron, or protein; nor has he received any
supplements to compensate for these deficiencies. He also stated he was told that vegetarianism
was a privilege, not a right.177
Two detainees indicated that the dental policy was “extraction only,” and as a result, they
had lost numerous teeth.178 A third detainee had seen the dentist about a toothache.179 He
indicated that he was suspicious of the dentistry at the facility, however, and therefore did not
have the cavity filled, and that ICE would not take him to see an outside dentist.180
C.

Detainee Classification

The Standards require that detention facilities use a classification system and physically
separate detainees into different categories.181 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.182
It is unclear whether HCJ meets this Standard, because it is unclear whether high
and low level twos are appropriately housed. Some inmates from the county jail are
commingled with ICE detainees.183 Inmates at Hudson County Jail are classified by a numerical

171

Notes of delegation member

on conversation with Lt.

172

Notes of delegation member

on conversation with Lt.

173

Notes of delegation member

on conversation with Lt.

174

Notes of delegation member

175

Notes of delegation member

on conversation with Detainee

176

Notes of delegation member

on conversation with Detainee

177

Notes of delegation member

on conversation with Detainee

178

Notes of delegation member

179

Notes of delegation member

180

(b)(6), (b)(7)c

(b)(6)

(b)(6)

on conversation with Lt.

on conversation with Detainee

Notes of delegation member

on conversation with Detainee

DOM Detainee Services Standard 4, Section I.

182

DOM Detainee Services Standard 4, Section III.F.
Notes of delegation member

(b)(6)

on conversation with Lt.

17
NJ\127499.3

(b)(6), (b)(7)c

on conversation with Detainee
(b)(6)

181

183

(b)(6), (b)(7)c

(b)(6), (b)(7)c

(b)(6), (b)(7)c

system: each inmate is classified as a one, two, or three, with one being the least violent and
three being the most violent.184 Ones are never housed with threes, but twos can be mixed with
either ones or threes.185
D.

Detainee Transfer

The Standards require ICE to notify a detainee’s counsel of record that the detainee is
being transferred.186 Detainees may make telephone calls upon arrival at their final destination;
indigent detainees may make one domestic call at government expense.187 A detainee’s legal
materials must accompany the detainee to the new facility.188
It is unclear whether HCJ fully meets this Standard: one detainee was not informed
he could make a telephone call upon arrival at the facility. Three detainees we spoke with
had been transferred to Hudson County Jail from other detention centers. One of these detainees
made a telephone call to his lawyer.189 Another was not told that he could make a phone call
upon his arrival at Hudson County Jail, and did not ask to do so.190 He stated that he knew his
legal materials had been transferred with him.191
E.

Detainee Handbook

The Standards state that every facility will develop a site-specific detainee handbook to
serve as an overview of, and guide to, the detention policies, rules, and procedures in effect at the
facility.192 A copy of the detainee handbook shall be provided to detainees upon their arrival.193
It is unclear whether HCJ meets this Standard; two detainees stated that they did
not receive a copy of the handbook upon their arrival at the facility. Lt. (b)(6), (b)(7)c informed the
delegation that every detainee was provided with a handbook upon arrival.194 Although Detainee
195
(b)(6), (b)(7)c confirmed that he received a copy of the handbook upon admission,
Detainee (b)(6), (b)(7)c

184
185
186

Notes of delegation member

on conversation with Lt.
(b)(6)

Notes of delegation member

(b)(6), (b)(7)c

on conversation with Lt.

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

187

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

188

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

189

Notes of delegation member

190

Notes of delegation member

191

Notes of delegation member

192

DOM Detainee Services Standard 6, Section I.

193

DOM Detainee Services Standard 6, Section I.

194

Notes of delegation member

195

on conversation with Detainee
(b)(6)

on conversation with Detainee

(b)(6), (b)(7)c

on conversation with Detainee

on conversation with Lt.

(b)(6), (b)(7)c

(b)(6)

Notes of delegation member

on conversation with Detainee

18
NJ\127499.3

(b)(6), (b)(7)c

did not receive a handbook and was unaware of its existence.196 As noted above, Detainee
197
(b)(6), (b)(7)c also indicated he did not receive a handbook.
The delegation initially requested to see
198
a copy of the handbook on file at the library.
However, as noted above, the library did not
contain the handbook.199 The delegation requested a copy of the handbook for the delegation, as
well as a copy for Detainee (b)(6), (b)(7)c.200 Copies were provided. However, Officer (b)(6), (b)(7)c
interrupted the delegation’s interview with Detainee (b)(6), (b)(7)c to question him as to whether he was
being truthful about not receiving a handbook.201 Detainee (b)(6), (b)(7)c adamantly stated that he was
being truthful.202
IX. Conclusion
Overall, the delegation found that the Hudson County Jail failed to adequately
demonstrate that it meets the Standards. The facility and ICE should take steps to ensure that
detainees’ rights under the Standards are being met.
To facilitate access to legal representatives, Hudson County Jail should ensure that
attorney visitation hours are adequate and that weekend visits are accommodated. HCJ should
also ensure that indigent detainees are able to send the required amount of legal mail, free of
charge.
Detainees should be provided access to the list of free legal service providers. Detainees
should be able to place legal telephone calls in private. Telephone calls should be not be cut off
after 15 minutes. HCJ must take telephone messages from legal representatives; without this
access, attorneys are only able to contact their clients by mail, which is not sufficient and does
not meet the Standards.
To facilitate access to legal materials, Hudson County Jail should ensure that materials
are updated and available in the library, and that detainees who are not computer literate or who
do not speak English receive assistance.
Detainees in disciplinary segregation should be provided with access to telephones and to
the law library.
Hudson County Jail should ensure that all detainees receive a copy of the handbook upon
admission, and a copy should be available at the library.

196

Notes of delegation member

197

Notes of delegation member

198

Observation of delegation member

199

Observation of delegation member

200

Observation of delegation member

201

Observation of delegation member

during interview with Detainee

202

Observation of delegation member

during interview with Detainee

on conversation with Detainee

(b)(6)
(b)(6)

on conversation with Detainee

(b)(6), (b)(7)c

(b)(6), (b)(7)c

(b)(6)

(b)(6), (b)(7)c

19
NJ\127499.3

(b)(6)

(b)(6)

Facility Name: HUDSON COUNTY JAIL, Kearny, New Jersey
Date of Tour: July 26, 2006
Tour Participants: Latham & Watkins LLP attorney and summer associates

*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.

2.

ƒ

Two detainees stated that they did not receive a
handbook or other notice of the attorney visitation
policy. (p.3 ¶2)

ƒ

Legal visitation is only permitted for seven hours a
day on weekdays (p.2 ¶4)
One detainee stated that an officer at the facility
told him attorney visitation on the weekends was
not permitted. This detainee and another had
heard that an attorney who came to the facility on
a Sunday to meet with a client for a Monday court
hearing was not permitted access. (p.2 ¶4; p.3 ¶1)
There is no list of free legal organizations posted
near the phones; and detainees apparently do not
have access to the list, but must request a call
through a social worker. (p.6 ¶2)

ƒ

ƒ

ABA Commission on Immigration - Detention Standards Implementation Initiative

ICE Response

Delegation
observations;
(b)(6), (b)(7)c

Standard 17, Visitation
ƒ III.B. Notification. The facility shall provide written
notification of visitation rules and hours in the
detainee handbook …. The facility shall also post these
rules and hours where detainees can easily see them.
Standard 17, Visitation
ƒ III.I.2. Hours. The facility shall permit legal visitation
seven days a week, including holidays. It shall permit
legal visits for a minimum of eight hours per day on
regular business days, and a minimum of four hours
per day on weekends and holidays. …
ƒ III.I.14. Pro Bono List. [ICE] shall provide the facility
with the official list of pro bono legal organizations,
which is updated quarterly by the [EOIR]. The facility
shall promptly and prominently post the current list in
detainee housing units and other appropriate areas.

Source

(b)(6), (b)(7)c

Delegation Report

(b)(6), (b)(7)c

1.

ICE Standard*

7/18/2007

1

3.

ƒ

ƒ

Detainee

Delegation
observations
Delegation
observations; Lt.
(b)(6), (b)(7)c

ABA Commission on Immigration - Detention Standards Implementation Initiative

(b)(6), (b)(7)c

ƒ

One detainee stated that it was difficult to connect
to certain consulates, and that he had complained
about calls to consulates not working
approximately three months prior to our visit, but
to date the problem had not been fixed. (p.6 ¶1)
There is no procedure posted for detainees to
make free calls to parties other than consulates.
(p.6 ¶2)
As noted above, there is no list of legal service
providers posted near the phones, and one
detainee stated that he was not provided with a
list. Detainees request permission to place free
calls to legal representatives, but they must first
provide a social worker with the name and
telephone number of the attorney. (p.6 ¶2)

Lt.
Detainee
Handbook.

(b)(6), (b)(7)c

ƒ

Delegation
observations;
Detainee

(b)(6), (b)(7)c

ƒ

There are no telephone access rules posted in
English or any other language. In addition, one
detainee stated that he had never received a
handbook or any other written rules regarding
telephone access, and that he had sought
assistance from another detainee in order to use
the phone. (p.5 ¶2)
Lt.
stated that generally phones calls are
limited to fifteen minutes per call. The detainee
handbook states that “[t]ime limits will be
monitored and [the] call will be terminated
automatically if [the detainee] exceed[s] the time
limit.” (p.7 ¶2)
(b)(6), (b)(7)c

4.

Standard 16, Telephone Access
ƒ I. Facilities holding [ICE] detainees shall permit them
to have reasonable and equitable access to telephones.
ƒ III.A. The facility shall provide detainees with
reasonable access to telephones during established
facility waking hours ….
ƒ III.B. [T]he facility shall provide telephone access rules
in writing to each detainee upon admittance, and also
shall post these rules where detainees may easily see
them.
ƒ III.F. The facility shall not restrict the number of calls
a detainee places to his/her legal representative, nor
limit the duration of such calls by rule or automatic
cut-off, unless necessary for security purposes or to
maintain orderly and fair access to telephones. If time
limits are necessary for such calls, they shall be no
shorter than 20 minutes, …. The facility may place
reasonable restrictions on the hours, frequency and
duration of the other direct and/or free calls listed
above [i.e., “other” than calls to detainee’s legal
representatives].
Standard 16, Telephone Access
ƒ III.E. The facility shall not require indigent detainees
to pay for [legal, court-related, consular, emergency
calls] if they are local calls, nor for non-local calls if
there is a compelling need. 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.

7/18/2007

2

Lt.
stated that detainees cannot take
incoming calls, and there is no system for
delivering messages, except in an emergency. (p.8
¶2)

ƒ

Standard 16, Telephone Access
ƒ III.G. Staff shall permit detainees in the Special
Management Unit for disciplinary reasons to make
direct and/or free calls … except under compelling
security conditions. These conditions shall be
documented.
Standard 1, Access to Legal Material
ƒ III.C. The law library shall contain the materials listed
in Attachment A. … The facility shall post a list of its
holdings in the law library.

ƒ

Although Lt.
stated that the facility does not
monitor phone calls; however, one detainee stated
that when making a phone call, an announcement is
made to the receiving party that the conversation may
be monitored or recorded. (p.7 ¶4)
Lt.
stated that detainees in disciplinary
segregation are allowed the same phone privileges
as other detainees. However, one detainee stated
that during his first 11 days in the facility he was
kept in disciplinary segregation and denied
telephone access altogether. (p.6 ¶3)
A list of library holdings is not posted. (p.11 ¶2)
Several materials from Attachment A were
missing from the library, including the Detainee
Handbook, Immigration Law and Defense, and
Immigration Law and Crimes. (p.12 ¶2) Officer
indicated that all materials were available
on Lexis disks on the computer. However, this
would not include the Detainee Handbook. (p.12
¶4)
Many detainees do not know how to use the
computers, and there is no training or staff
member to provide instruction or assistance. (p.13
¶1)

Delegation
observations;
Officer

.

(b)(6), (b)(7)c

ABA Commission on Immigration - Detention Standards Implementation Initiative

Delegation
observations.
(b)(6), (b)(7)c

(b)(6), (b)(7)c

ƒ

(b)(6), (b)(7)c

ƒ
ƒ

(b)(6), (b)(7)c

8.

ƒ

(b)(6), (b)(7)c

7.

Standard 16, Telephone Access
ƒ III.I. The facility shall take and deliver telephone
messages to detainees as promptly as possible. When
facility staff receives an emergency telephone call for a
detainee, the caller’s name and telephone number will
be obtained and given to the detainee as soon as
possible.
Standard 16, Telephone Access
ƒ III.J. … Facility staff shall not electronically monitor
detainee telephone calls on their legal matters, absent a
court order.

(b)(6), (b)(7)c

6.

(b)(6), (b)(7)c

5.

7/18/2007

3

(b)(6), (b)(7)c

ƒ

ƒ

Although two detainees said they were able to
obtain copies, three detainees stated that the copy
machine is usually broken. (p.13 ¶4)

11. Standard 1, Access to Legal Material
ƒ III.Q. The detainee handbook … shall provide
detainees with the rules and procedures governing
access to legal materials, including … 2. the scheduled
hours of access to the law library; 3. the procedure for
requesting access to the law library; ….
12. Standard 1, Access to Legal Material
ƒ III.L. Unrepresented … non-English speaking detainees
who wish to pursue a legal claim related to their
immigration proceedings or detention and indicate
difficulty with the legal materials must be provided with
more than access to a set of English-language law books.
Facilities shall establish procedures to meet this
obligation, such as: 1. helping the detainee obtain
assistance in using the law library and drafting legal
documents … 2. assisting in contacting pro bono legalassistance organizations from the [ICE]-provided list.
13. Health Services Standard 2, Medical Care
ƒ I. All detainees shall have access to medical services that
promote detainee health and general well-being.

ƒ

The Detainee Handbook includes hours of library
operation, but it does not include the scheduled
hours when detainees may access the library. (p.9
¶3) Library personnel were also unaware of the
access times for detainees. (p.8 ¶4)

ƒ

(b)(6), (b)(7)c

stated that detainees were provided
with at least 5 hours of library time per week. (p.8
¶4) However, one detainee stated that only two
hours are permitted per week: Wednesdays and
Fridays from 1:30 to 2:30 p.m., and that his
request for additional time was denied. (p.9 ¶1)
One detainee did not have access to the library
during the 11-day period that he spent in
segregation upon his arrival at the facility.
However, Officer
stated that library access
is not restricted. (p.9 ¶2)

(b)(6), (b)(7)c

Standard 1, Access to Legal Material
ƒ III.G. The facility shall…permit all detainees,
regardless of housing or classification, to use the law
library on a regular basis. Each detainee shall be
permitted to use the law library for a minimum of five
(5) hours per week.
ƒ III.M. Detainees housed in … Segregation units shall
have the same law library access as the general
population, unless compelling security concerns
require limitations.
Security and Control Standard 14, Special Management
Unit (Disciplinary Segregation)
ƒ III.D.15. When developing the schedule for law
library-access, the OIC will set aside blocks of time for
the detainees in disciplinary segregation. …
10. Standard 1, Access to Legal Material
ƒ III.J. The facility shall ensure that detainees can
obtain copies of legal material ….

9.

ABA Commission on Immigration - Detention Standards Implementation Initiative

Delegation
observation,
Detainee

Detainee
(b)(6), (b)(7)c

ƒ

One detainee indicated that he had not been provided
with adequate nutrition. (p.17 ¶2)
Two detainees have lost numerous teeth due to the
“extraction only” dental policy. (p.17 ¶3)

Handbook;
library personnel.

(b)(6), (b)(7)c
(b)(6), (b)(7)c

ƒ

.

(b)(6), (b)(7)c

ƒ

Some detainees assist one another with legal
research; however, one detainee had not received
assistance and did not know that it was permitted.
(p.14 ¶3)
The library does not contain any non-English legal
material, and one detainee stated that this makes it
particularly difficult for non-English speaking
detainees. (p.15 ¶1)

(b)(6)

ƒ

Detainees

7/18/2007

4

stated that all detainees receive a Detainee
Handbook upon arrival. However, two detainees
indicated they did not receive a Detainee Handbook
when they arrived at the facility. (p.18 ¶5)

ABA Commission on Immigration - Detention Standards Implementation Initiative

(b)(6), (b)(7)c

ƒ

(b)(6), (b)(7)c

14. Standard 6, Detainee Handbook
ƒ I. Every OIC will develop a site-specific detainee
handbook to serve as an overview of … the detention
policies, rules, and procedures in effect at the facility …
Every detainee will receive a copy of this handbook upon
admission to the facility.

7/18/2007

5