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MEMORANDUM

Washington, D.C.

December 1, 2003
To:
From:
File no:
Copies to:
Subject:

I.

Anthony Tangeman, Deputy Executive Associate Commissioner, Office of
Detention and Removal, Bureau of Citizenship and Immigration Services
American Bar Association Delegation to Hudson County Jail (IGSA) in New
Jersey 1
502130.0012
b6
ABA Commission on Immigration Policy, Practice and Pro Bono
ABA Detention Center Review Project – Hudson County Jail Delegation

Introduction

This memorandum evaluates and summarizes facts gathered and findings
regarding the Hudson County Jail, an Intergovernmental Service Agreement facility in Kearney,
New Jersey. The information was gathered via observation of the facility by the delegation and
interviews with detainees and facility staff on August 21, 2003. 2
The Immigration and Naturalization Service (INS) promulgated the “INS
Detention Standards” in November 2000 to insure the “safe, secure and humane treatment of
individuals detained by the INS.” The thirty-six Standards contained in the Detention
Operations Manual cover a broad spectrum of issues ranging from visitation policies to
grievance procedures and food service. These standards apply to 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,
1

2

The delegation was composed of Latham & Watkins attorneys
b6
b6
b6
and
b6

b6
b6

The delegation was initially informed that our visit would be limited to approximately
one hour, despite discussions with BICE personnel to the effect that the visit would take
several hours. After negotiation, it was agreed that the delegation would return later in
the afternoon to continue the visit. The delegation was on-site for between two to three
hours total.

NJ\78531.1

they are meant to establish the minimal requirements that BICE 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.
Overall, the delegation felt that the facility had made a substantial effort to
implement the Standards. However, the following problems were noted by the delegates during
the course of our visit:

II.

•

The law library lacks several of the required materials; and

•

The facility’s policies regarding delivery of telephone messages, posting of
required telephone numbers for legal assistance, and communication with
other detained family members do not comport with the requirements of the
Standards.

General

The facility has a capacity of approximately 1800 and currently houses
approximately 1750. Of these, at the date of our visit, 211 were ICE detainees, including eleven
female detainees. The delegation was informed that the detainees were from “all over,” with
most coming from “Hispanic countries.” When pressed for the representation of particular
countries, the officers could not or would not provide more information. It is not known what
b6, b7C
percentage were criminal detainees, as Sgt.
the facility’s U.S. Federal / ICE
Liaison, stated that he preferred not to know what charges had been levied against detainees. He
also could not comment on the average length of stay, stating that was “up to the INS.”
The ICE male detainees are housed separately, in “A Pod.” 3 These men have two
tiers and share a section with federal marshal inmates. Each tier houses approximately 50
people. The female ICE detainees are housed with other inmates in “B Pod.” Sgt. Rivera said
there were no problems in the women’s tier, and in fact it was the “best” place to be.
III.

Observations of Implementation of Legal Access Standards
A.

Visitation By Attorneys
1.

Hours of Access

3

A new pod – E – is being built, which will have 512 beds for ICE and federal marshal inmates.
The projected completion date is mid-2005.
2
NJ\78531.1

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. Hudson County Jail
facilitates this standard by permitting attorneys access to their clients 24 hours a day, seven days
a week. If the attorney is joined by support staff, they may also visit the inmate, but the support
staff cannot visit an inmate without the attorney present. Sgt. b6, b7C indicated that attorneys
should call ahead to inform whomever is on staff of the attorney’s arrival. Generally, attorneys
are only permitted to bring paper and a writing implement into the visitation room. Attorneys
who wish to use special equipment, such as laptop computers or books, must get special
permission from the District Director. During our visit, the delegation observed an attorney
using a laptop during her interview with an inmate.
2.

Access (Attorneys and Legal Representatives)

According to the Standards, attorneys without Bar cards must be granted access if
they show other available documentation. Mental and medical health professionals and
interpreters with appropriate identification should be allowed entry. Hudson County Jail permits
attorneys to enter the facility with any form of valid identification.
Mental and medical professionals and interpreters may also enter the jail, but
according to Sgt. b6, b7C the jail has seven in-house physicians and there is rarely a need to seek
off-site medical assistance. Sgt. b6, b7C noted, however, that, if necessary, off-site medical staff
could visit the jail also.
3.

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.
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.
There are at least six attorney visitation rooms that permit open contact between
attorney and client. These rooms are quiet and adequately sized for use by two or three persons.
In accordance with the Detention Standards, there was visual monitoring, but no audio
monitoring. Attorneys who desire a non-contact visit are certainly permitted to do so, but Sgt.
Rivera remarked attorneys never request non-contact visitation. However, after any type of
contact visit, detainees are strip searched.
Visitation at Hudson County is continuous, even if a count or meal break
coincides with the visit. If meals are served during an attorney visit, Sgt. b6, b7C explained that
3
NJ\78531.1

b6, b7C
detainees will have their meal brought to them. As described by non-ICE inmate
however, meals missed due to an attorney visit are saved for the inmate to permit him/her to eat
it later. 4 In addition, attorneys are permitted to bring an interpreter if necessary. While the staff
does not provide interpreters, staff are permitted to offer informal assistance if necessary.

4.

Strip Searches

Hudson County Jail is an IGSA facility. As such, Hudson County is permitted, in
accordance with the Standards, to strip search detainees after a contact visit as a matter of
course. According to Sgt. b6, b7C detainees or attorneys are permitted to request a non-contact
visit in order to avoid the mandatory strip search, but according to Sgt. b6, b7C this option is
hardly ever requested. In contrast, an anonymous detainee interviewed by the delegation noted
that non-contact visits are only permitted from Monday through Thursday. However, this
detainee claims to have not had any visitors.5 This same anonymous detainee noted that families
often have to wait a long time before actually meeting with their detained family members. 6
5.

Detainee Information

According to the Standards, only legal representatives can contact the facility to
find out if a detainee is detained at that particular facility. Hudson County permits these types of
inquiries. In fact, attorneys seeking to visit detainees outside of normal business hours are
encouraged to call and announce their visit.
B.

Visitation By Family & Friends
1.

Hours

According to the Standards, visiting hours should be clearly posted and permitted
during set hours on weekends and holidays. Moreover, special arrangements should be available
for family members who are unable to visit during regular visiting hours. Visits should be for at
least 30 minutes in duration. According to Sgt. b6, b7C the visitation schedule is posted in the
cell blocks and in the Inmate Handbook.
Visitation is permitted for one hour on weekdays from 9am-12pm; 1pm-3pm; and
6pm – 9pm. If normal visiting hours are a hardship for family members, special arrangements
can be made. They are dealt with on an individualized basis, normally through a social worker.
4

b6, b7C
See Notes of Interview with
(Facility staff inadvertently referred Mr. b6, b7C to
delegation members, despite the delegation’s request to speak with detainees rather than federal
inmates.)

5

See Notes of Interview with “

6

Id.

b6, b7C

”

4
NJ\78531.1

There is no limitation on the type of family that can visit a detainee, but if another immediate
family member happens to also be incarcerated at Hudson County, there is no provision for
permitting them to visit each other. One detainee reported that the names of visitors must be
included on a list in advance of their visit and changes to the list are permitted only every few
months. As a result, visitors who could not be listed may be precluded from visiting.
2.

Restrictions on Visitors

The Standards impose no limitation on the number of persons who can visit a
detainee. At Hudson County Jail, immediate family, relatives, friends and associates may visit.
However, only two minors may visit any detainee per visit. Contact visits are allowed and
accommodated at Hudson, but as indicated previously, detainees are strip searched after contact
visits.
If a visitor wishes to give a detainee money, the Standards provide that this
should be permitted and that the money should be given to a designated staff member, who
should provide the donor with a receipt. If a visitor wishes to leave money for a detainee, this
must be done by United States Postal Service Money Order. The receipt on the money order
serves as the depositor’s receipt, and the inmate is given a receipt that the money has been placed
in his commissary account.
C.

Telephone Access

The Standards provide that facilities shall permit detainees to have reasonable and
equitable access to telephones.
The delegation was informed that all phones for detainees are contained in the
housing tiers. (There are pay phones in at least one hallway, but they are only for use by
employees.) Each tier has 6 phones. As each tier houses approximately fifty people, overall it
appears that Hudson has a sufficient number of phones available. The delegation was not
permitted on the tier itself, so it could not be verified that the phones were in working order,
although we were told that all did work. Sgt. b6, b7C stated that, if a phone did not work, it would
be “written up” and Verizon would be brought in to immediately fix it. One interviewee
commented that the length of time it took for a phone to be fixed depended greatly on the officer
on duty. Another noted that the phones are often broken and would “cut out” during calls or fail
to work entirely.
From the housing tier phones, detainees can make collect and calling card calls.
However, the prepaid calling cards for sale in the commissary are only for international calls, 7
7

Sgt. b6, b7C stated that a private vendor is currently trying to negotiate a contract with ICE to let
inmates call foreign countries directly through a third party.
5
NJ\78531.1

and according to an interviewee, one card costs $27.50 and provides only 15 minutes of calling
time. Another interviewee stated that collect calls cost $5.00 for the first minute and $0.90+ for
each minute thereafter. Calls can be made from after the count (approximately 8:00 or 8:30
a.m.) until 10:00 p.m.
The delegation determined that there are several problems with regard to
telephone access at Hudson. First, there was nothing posted on the walls next to the telephone,
although the Standards state that “[l]ists of pro bono agencies should be posted by each phone
along with multilingual instructions on how to operate the phone.” The delegation was told by
Sgt. Rivera that instructions for using the phone were provided in the detainees’ handbook,
which, he said, is given to detainees when they first enter the facility and is available in English
or Spanish. 8 One detainee indicated he had received a handbook in Spanish, his native language,
but another stated that he had not received any written materials when he arrived at the facility.
The Standards require that detainees be able to call their attorneys without charge
and discuss their legal cases on the phone “in a private environment.” At Hudson, detainees
must make a request in writing to call their attorneys and then place that request in a box on the
tier. A social worker picks up these requests only once a day, and then brings one detainee at a
time to the social worker’s office to log and place the call. The call is free and not monitored
(Sgt. b6, b7C stated that no calls at Hudson were monitored), but the social worker remains in the
room during the call. Sgt. b6, b7C informed us that it is facility policy that an inmate is never
allowed to be in a room by himself or herself. (One inmate appeared to be in the laundry room
by himself during our tour, however.) There is no time limit for calls to attorneys, although Sgt.
b6, b7C noted that “we don’t expect them to talk for an hour.” Also, the calls are not interrupted,
even for a “count.” If a detainee wants to talk to an attorney more than once a day, Sgt. b6, b7C
said that is to “be worked out” among the attorney, the social worker, and the detainee.
Hudson’s procedure for taking and delivering messages falls short of the
Standards’ dictate that the “facility should receive and deliver phone messages for a detainee
promptly.” At Hudson, there are no procedures for delivering messages of any sort, including
messages to or from attorneys. This was confirmed by the interviewees. In such a situation, the
only exception is if there is an emergency, such as a death in a detainee’s family. Then officers
will contact the appropriate religious personnel, and that person will deliver the message to the
detainee. If the detainee has a personal emergency, however, the only way for the detainee to get
that information to family members is by making a collect call. (Sgt. b6, b7C indicated that the

8

The delegation requested a copy of the handbook in all available languages. Sgt. b6, b7C said he
would take the request to County Counsel for permission to send copies to us. To date, we have
not received the handbook.
6
NJ\78531.1

officers “don’t get involved in personal matters.”) The Standards state that detainees should be
able to call family members if there is a personal emergency.
Detainees are permitted to call consulates and their attorneys for free. However,
the consulate numbers are not available, as required by the Standards. ICE provides the facility
with a consulate list, which the social worker gives out as appropriate. The numbers for clerks of
various courts, attorney complaints, public advocates, and consulates are posted in the library,
although the listings were undated and seemed fairly old. If other family members are detained,
there is no contact unless they share the same tier. No phone calls to detained family members
are permitted, in contravention of the Standards’ requirement that “[d]etainees should be able to
contact their other detained family members without cost.”
C.

Legal Materials

The Standards mandate that the Hudson facility shall establish and maintain a law
library. The library must be adequately lighted, reasonably quiet, and large enough to support
legal research and writing. It must also contain an adequate number of tables and chairs to
accommodate all detainees who wish to use the facility, and must provide a flexible schedule in
order to permit all detainees use of the law library for a minimum of five hours per week.
Finally, the library should provide one typewriter or computer per five detainees, as well as
sufficient writing materials and texts to enable detainees to conduct research and prepare legal
documents.
A.

Materials

Of the texts and periodicals contained on the “List of Legal Reference Materials
for Detention Facilities,” the library at the Hudson County Jail contained many of the
publications listed. Nonetheless, many volumes were outdated.

7
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Of the thirty publications listed, the facility carried seventeen. 9 Of the seventeen
texts, only two were 2003 editions. These publications included: Immigration Law and
Defenses and Federal Civil Procedure and Rules. In addition to the texts contained on “List of
Legal Reference Materials for Detention Facilities,” the library carries a plethora of other legal
texts and research tools that are not listed, but which should be noted: Federal Practice Digests,
New Jersey Reporters, Federal Reporters, New Jersey Digests, Supreme Court Reporters and a
current New Jersey Lawyers’ Diary. While these other legal texts are located in the main library
and readily accessible to detainees, the immigration texts are located behind the reference desk.
A detainee must specifically request a particular immigration text in order to review it. The
walls of the library contain various postings, including attorney reference numbers and legal
research tips.
Officer b6, b7C is the officer who generally supervises the library. She is
b6, b7C
responsible for updating the materials. Officer
updates/checks the materials when
updates/pocket parts are sent to her from the publishers of the texts. She receives updates twice a
month, but only for certain texts. If a detainee requests a text that the library does not carry, that
detainee must speak to a social worker in an attempt to obtain the material. This procedure may
or may not result in the detainee receiving the requested text. One of the detainees stated that if
the library does not carry a requested publication, the librarians do not provide any assistance in
obtaining the text.
The detainees interviewed acknowledged that they are aware of the legal
materials in the library. Although one detainee stated that he has not experienced any problems
when using the library’s materials, another detainee commented that the materials are accessible
only “if you know what you’re looking for.”

9

These publications included: Constitution of the United States of America: Analysis and
Interpretation, United States Code - Title 8, Code of Federal Regulations - Title 8,
Benders Immigration and Nationality Act Service, Bender’s INS Regulation Service,
Administrative Decisions Under Immigration & Nationality Laws (both bound volumes
and the interim decisions), Immigration Law and Defense, Immigration Law and Crimes,
Federal Civil Judicial Procedure and Rules, United States Code - Title 28, Federal
Criminal Code and Rules, Criminal Procedure (Hornbook) (two copies), Legal Research
and Writing: Some Starting Points; Black’s Law Dictionary, Directory of Nonprofit
Agencies that Assist Persons in Immigration Matters, Translation Dictionary (Portuguese
only) and Self-Help Materials. Generally, the texts are in good condition.
The library did not contain “Florence Project’s ‘Know Your Rights’” packets. This was
confirmed by one of the detainees.
One of the detainees that we interviewed commented that the facility “can really
improve” the library, noting that many texts are missing.
8

NJ\78531.1

B.

Library Conditions

The library is a designated room in the facility, sufficiently large to accommodate
legal research and writing. The library is well lit and reasonably isolated from noisy areas. The
library contains approximately six tables, twenty-one chairs and three small desks. The room is
divided into two sections and a maximum of twenty detainees are permitted in the library at one
time (ten per section). The room appears to accommodate the facility’s maximum.
The library contains one operational computer, but no printer. Writing
implements, paper, envelopes and other office supplies are provided free of charge and in
unlimited amounts, however, a detainee must request the supplies, as they are located behind the
reference desk. This was confirmed by one of the detainees.
The library is open weekdays from 9 a.m. to 3 p.m. 10 The library is closed on
weekends and holidays. The facility provides rotating schedules for detainees’ library use
depending on whether they are state, federal or ICE detainees. A detainee can use the facility
one time per week. One of the detainees commented that this policy was recently changed from
twice a week to once a week.
A detainee does not have to choose between recreation time and library time.
This was confirmed by one of the detainees that we interviewed.
Detainees in isolation/segregation are not permitted to visit the library. They
must specifically request a book, which is brought to them by an officer. The problem with this
practice is that unless the isolated detainee knows what publication to request, he or she is unable
to access library services.
C.

Photocopies and Mail

The library has one photocopier. Detainees are permitted to make unlimited
copies. Both detainees that we interviewed stated that they are not permitted to use the
photocopier themselves; rather, a library staff member makes all copies for detainees upon
request.
The facility provides free envelopes to all detainees and free stamps for all legal
mail. Stamps are requested at the library and the facility mails the items for the detainees. One

10

The detainees that we interviewed stated that they were not aware of the library’s hours
of operation.
9

NJ\78531.1

of the detainees stated that the facility pays for all legal mail and all correspondence mailed
within the United States, however each detainee must pay for his or her own international mail.
D.

Computer Access

As mentioned, the library contains one operational computer, which is equipped
with a CD-ROM and immigration law materials. Detainees are permitted to save material on a
diskette, but they are not permitted to bring the diskette back to their cell. Officer b6, b7C is
responsible for safekeeping detainees’ diskettes. Also, as mentioned, the computer does not have
an attached printer. Without printing capabilities it appears that a detainee is only permitted to
view the immigration materials from the library’s computer station.
b6, b7C
Although Officer
stated that detainees are permitted to use the
computer, one detainee explained that library staff and civilian legal assistants are the only
individuals that are permitted to use the computer.

D.

Group Rights Presentations

Several organizations provide group rights presentations at the facility. Sgt.
b6, b7C
stated that an organization called Horizon and Amnesty International conduct various
presentations.
Another organization, possibly Amnesty International, also shows a video
entitled “Know Your Rights.”

IV.

Other General Observations Unrelated to the Legal Access Standards
A.

Recreation Issues

The facility provides outdoor recreation for inmates/detainees. In bad weather,
the inmates have access to indoor facilities. Inmates/detainees generally exercise or play
basketball and football. The facility does not permit weightlifting. Inmates/detainees receive
one hour of recreation each day.
B.

Education Classes

The facility offers a number of daily classes to inmates/detainees. These classes
include GED, literacy, drug education and parenting.
C.

Medical Issues/Health Access

10
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In order to receive medical attention, an inmate/detainee must make a request.
Such a request puts him on “sick call.” The inmate/detainee is then seen by staff doctor. If the
situation is an emergency, the facility contacts emergency medical services.
The facility has a number of doctors on staff. The doctors are county employees.
The facility also employs eight counselors who are available 24 hours a day, 7 days each week.
If a counselor deems an inmate/detainee unstable, he is sent to an outside facility for a
psychiatric evaluation.
D.

Religious Issues

The facility offers weekly religious services on site. The services are offered in a
number of denominations including Catholic, Baptist, Pentecostal, Methodist and Muslim.
Religious counseling is also available. The facility has an imam, a minister, and a deacon on
staff from Monday through Friday and during weekend services.
The facility provides special diets. To receive a special diet an inmate/detainee
must submit a request to the religious coordinator. Inmates/detainees may possess certain
religious items including crucifixes and prayer rugs.
E.

Detainee Classification

At the Hudson County Jail male BICE detainees are segregated from the general
population and are therefore not subject to the classification system used for other prisoners.
There is no sub-classification system for detainees, in part because BICE does not inform the
Hudson County facility why the detainee is being held. Although detainees are held in a separate
pod, they are co-mingled with other federal detainees.
Female detainees are mixed in with the general population apparently because
there are not enough female detainees at the Hudson County facility to fill a pod.
F.

Dietary Requirements

Detainees and other inmates may request special dietary accommodations for
health or religious reasons. The detainee is required to fill out a form which is signed by a doctor
or religious official and that information is provided to the kitchen staff who have a roster of
detainees that require special meals.
G.

Detainee Work Program

11
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Detainees at the Hudson County Jail are not permitted to participate in any
voluntary work programs.
H.

Grievance and Disciplinary Procedures

Detainees who have complaints may file an Inmate Grievance Form. Forms are
reviewed daily by an ombudsman who sends them to the appropriate officer or staff member to
address.
The policy regarding disciplinary segregation is the same for detainees and other
inmates. All disciplinary segregation is on a fifteen day in/one day out cycle regardless of the
total number of days of the sentence. Inmates spend fifteen days segregated followed by one day
“out” with the other detainees or inmates. They are in segregation for twenty-three hours per day
and given one hour out for all other needs including showers, recreation and attorney visits.
Restraints are placed on detainees only if they present a danger to themselves or
others. After an inmate has been restrained he is checked by a doctor and the restraints are
removed one at a time.
Administrative segregation is used only instances in which an inmate will pose a
security risk. According to Sgt. b6, b7C detainees are segregated only if they are “known
trouble-makers.”
Medical quarantine is used to isolate detainees who have a contagious illness. If,
following a medical exam, an inmate is determined to be contagious, he will immediately be
isolated.
I.

BICE Presence

BICE inspects the Hudson County Jail on a yearly basis. Detention and
Deportation officers are present at the Hudson County facility almost daily. Higher ranking
officers may be brought in if necessary. A detainee who would like to contact BICE staff must
fill out a form and give it to a social worker who will pass on the request to BICE. It is not clear
whether detainees may also ask the correction officers to put them in contact with BICE.
J.

Facility Management

The staff at the Hudson county jail appeared both knowledgeable and
professional. The staff that works with detainees are trained as correction officers and receive no
special training or instruction with regard to the detainees. According to Sgt. Rivera, very little
has changed at the Hudson County Facility since the implementation of the INS Detention
Standards. Following the implementation of the Standards detainees were separated from the

12
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general population and given a few additional privileges, most notably additional visitation
rights.
V.

CONCLUSION

With two exceptions, the facility appears to have substantially implemented the
Standards. Those exceptions are: (1) the facility’s law library lacks several of the required
materials; and (2) the facility’s policies regarding delivery of telephone messages, posting of the
required telephone numbers for legal assistance, and allowing detained family members to
communicate do not comport with the Standards. Those issues aside, however, the delegation’s
review demonstrates that the Hudson County facility substantially comports with the Standards.

13
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