M E M O R A N D U M

TO:

b6

, Esq.

FROM: American Bar Association Delegation to
Kern County Jail 1
DATE: October 17, 2002

FILE:

80182-6

RE: INS Compliance with Detention Standards at the Lerdo, California Facility

This memorandum summarizes information gathered at the Immigration and
Naturalization Service (INS) facility located at Kern County Jail, Lerdo, California (Bakersfield)
("Lerdo Facility"), through interviews of detainees, observation by delegation staff, and
discussions with INS and Lerdo Facility personnel on August 13, 2002.
The Lerdo Facility is a county detention facility used by the INS through an
Intergovernmental Service Agreement (“IGSA”). As an IGSA facility, the Lerdo Facility’s
required compliance with INS Detention Standards 2 is somewhat limited. While Service
Processing Centers (“SPCs”) and Contract Detention Facilities (“CDFs”) are required to comply
with all standards and procedures listed in the INS Detention Standards, IGSA facilities are only
required to fully comply with those parts of the standards made explicitly applicable to them. 3
As to procedures that are mandatory only for SPCs and CDFs, IGSAs “may adopt, adapt or
establish alternatives to, the procedures specified for SPCs/CDFs, provided they meet or exceed
the objective represented by each standard.”4 Keeping this context in mind, this memorandum
discusses the Lerdo Facility's compliance with the INS Detention Standards, with particular
focus on the following standards: (1) Detainee Handbooks; (2) Visitor Access; (3) Telephone
Access; (4) Legal Materials; (5) Group Rights Presentations; (6) Recreation; (7) Medical Issues;

1

The delegation was comprised of Morrison & Foerster associates
and 2002 summer associates
,
, and
b6
b6
b6
of Public Affairs with the INS, was also present during the tour.

b6

.

and
b6

,
b6
, a Director

2

The INS Detention Standards are contained in the INS Detention Operations Manual, which may be
found at <http://www.ins.gov/graphics/lawsregs/guidance.htm> (visited 8/7/02). All INS Detention Standards
cited hereafter were obtained from this website.
3

See individual INS Detention Standards. IGSA facilities must comply with all standards and
procedures other than those procedures listed in italics.
4

Id.

1
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(8) Religious Issues; and (9) Disciplinary Issues. 5 Unless otherwise noted, the mentioned INS
Detention Standards (Standards) apply with full force to IGSA facilities.
I.

General Information.

As of the time of our visit, on August 13, 2002, the Lerdo Facility housed 184 INS
detainees 6 from various nations. Of these, 175 were male and nine were female. We were told
that all but two of the INS detainees were criminal aliens. The detainees originated mostly from
China, Vietnam and various Spanish-speaking countries. The average length of stay was
represented to us as three months, but many detainees reported staying there much longer. 7 Due
to the Lerdo Facility’s distance from immigration courts, the detainees at this facility are
supposed to be awaiting their “travel documents” after receiving final judicial and/or
administrative orders. 8
The female detainees are housed with county inmates. The male detainees, however, are
housed with other male federal inmates in a housing unit that is separate from the housing units
containing county inmates. The federal male housing unit is comprised of six “pods,” each of
which houses approximately 30 inmates/detainees.
The INS presence at the Lerdo Facility is minimal. There is no daily presence, and there
are no regularly scheduled INS staff visits. The only procedure available for detainees to contact
the INS is through a request slip that is to be filled out and given to a guard. The INS has an
office for the purpose of meeting with detainees who request a meeting, but detainees
complained that their requests for a meeting and/or information were routinely ignored. 9

5

Except where otherwise indicated, the information contained in this memorandum was obtained
during interviews with the following members of the Kern County Sheriff's Department: Commander b6, b7C
b6, b7C
b6, b7C , Senior Detention Officer
, and
, a member of the facility's Compliance Unit.
b6, b7C
6

The facility had a total population of 1166.

7

b6, b7C
reported that although he was supposed to be detained for only 90 days, he has been at
the facility for about eight months without receiving any new information from the INS regarding his status.
b6, b7C
reported having received deportation papers in October of 1999, yet remained detained as of our visit.
b6, b7C
b6, b7C
Moreover,
reported being detained since August of 2001, and b6, b7C and
b6, b7C reported being detained since November of 2001.

8

b6
Source:
. It should be noted that many detainees did not seem to know their status,
so it was impossible to confirm whether their hearings had been completed.

9

b6, b7C

and

b6, b7C

interviews.

2
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II.

Detainee Handbook.

The Standards require that each facility "develop a detainee handbook," 10 which must be
"written in English and translated into Spanish and, if appropriate, into the next most-prevalent
language(s) among the facility's detainees." 11
The Lerdo Facility detainees do not receive a comprehensive handbook upon their arrival
at the facility. Instead, they receive an “Inmate Orientation” pamphlet, 12 which is also posted in
the indoor recreation area of their housing unit. This pamphlet is only available in English,
although we were told that a Spanish version is in development. We were also told that an
“orientation” video is shown to the detainees upon their arrival and that the same video is played
in the housing area televisions every morning -- although one detainee reported the video is only
shown "once in a while." 13
While the use of a video is helpful, especially if it thoroughly describes the detainee's
rights and the facility's rules and procedures, the Standards explicitly provide that "the
comprehensiveness of the video has no bearing on the development, production, or distribution
of the detainee handbook." 14 The Lerdo Facility's failure to provide detainees with a
comprehensive handbook creates the risk that they may violate rules that are not contained or
adequately described in the "Inmate Orientation" pamphlet, as well as creating a situation where
the detainees are not aware of their rights.
III.

Visitation and Access to Legal Representatives.
A.

Visitation by Attorneys and Professionals.

The Standards provide that facilities "shall allow detainees to meet privately with their
current or prospective legal representatives and legal assistants, and also with their consular
officials." 15

10

Detention Operations Manual, Detainee Services: Detainee Handbook, Section III.A. A copy of the
sample handbook provided by the Detention Operations Manual, which is to, at a minimum, "provide IGSA
facilities with useful guidance," is attached hereto as Exhibit A.
11

Detention Operations Manual, Detainee Services: Detainee Handbook, Section III.E. The handbook
must, among other things: (a) describe individual programs and services and associated rules, (b) specify the
rules, regulations, policies, and procedures with which every detainee must comply, (c) list detainee rights and
responsibilities, and (d) list and classify prohibited actions/behavior, along with disciplinary procedures.
12

This pamphlet is attached hereto as Exhibit B. It should be noted that some of the detainees we
interviewed stated that they never received a copy of the pamphlet upon their arrival at the Lerdo Facility.
Interviews with
,
and b6, b7C .
b6, b7C
b6, b7C
13

b6, b7C

interview.

14

Detention Operations Manual, Detainee Services: Detainee Handbook, Section III.F.

15

Detention Operations Manual, Detainee Services: Visitation, Section I.

3
la-596773

Regarding access to counsel, the “Inmate Orientation” pamphlet provides: “Attorneys
and their legal representatives shall have unlimited visitation. Every effort will be made to allow
Attorney visits at any time and in a timely manner.” 16 According to Lerdo Facility personnel,
attorneys and legal professionals are allowed to visit 24 hours a day, seven days a week.
If an attorney calls ahead to determine if a detainee is at the Lerdo Facility, whichever
staff member answers the phone can provide the answer by looking up the information for a
specific detainee. The INS is also supposed to have access to this information, but the Lerdo
Facility personnel agreed that it would be faster to locate a detainee through the facility’s
information system.
Attorneys are required to present bar admission cards and pass a metal detector test to
gain access to the facility. If the attorney does not bring his or her “bar card,” the visit is
considered a “public visit” and treated in the same manner as a visit by a family member or
friend. 17 Other “legal professionals” such as law students, law graduates, accredited
representatives, legal assistants, interpreters, psychologists, medical service providers, and
experts may also make legal visits to the detainees. These “legal professionals” must present
photo identification and a letter of authorization from a supervising attorney to gain entry to the
facility.
There is one contact attorney booth and one paper slot attorney/legal professional booth
per housing unit. While these are enclosed booths providing for privacy of conversation, the
booths are clearly visible from the officer control center. The Lerdo Facility personnel informed
us that while it is standard procedure to strip search a detainee after attorney/legal professional
visits, 18 the strip search is really discretionary depending on the circumstances. If detainees wish
to avoid a strip search, they may opt for a non-contact visit. In this regard, the INS Detention
Standards provide that where standard procedures require strip searches after contact visits with
legal representatives (as is the case at the Lerdo Facility), the facility "must provide an option for
non-contact visits with legal representatives in an environment that allows confidentiality." 19
The only non-contact visit facilities we observed were the areas for standard family and friend
visitation, which do not allow for any assurance of confidentiality absent exclusion of all other
detainee visitation while the legal visit is occurring (see below). Thus, unless Lerdo Facility

16

See Exhibit B.

17

See infra, pages 5 to 6 for our discussion of family and friend visitation.

18

It is worth noting that while the INS Detention Standards permit for this to be the standard
procedure for IGSA facilities, SPCs and CDFs "should normally subject detainees returning from legal
visitation to pat-down searches. Officers may, however, strip-search a detainee reasonably suspected of
concealing contraband of any kind." Detention Operations Manual, Detainee Services: Visitation, Section
III.I.11.
19

Id.

4
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personnel allow the exclusive use of this area for non-contact legal visits, the facility is not in
compliance with this Standard. 20
The Lerdo Facility also appears to be in violation of the Standards governing notification
of consular protection. The Standards state that "[a]ccording to international agreements,
detainees must be advised of their right to consular access" and that detainees must be "notified
of and afforded the right to contact and receive visits from their consular officers," which visits
are to be handled the same way as legal visits. 21 There is no notice of this right in the "Inmate
Orientation" pamphlet, 22 nor was this information in any posted sign.
Other than with respect to the last two issues discussed, the Lerdo Facility appears to be
in compliance with the Standards governing legal and professional visitation.
B.

Visitation by Family and Friends.

The Standards provide that facilities "shall permit authorized persons to visit detainees,
within security and operational constraints. To maintain detainee morale and family
relationships, the INS encourages visits from family and friends." 23 Furthermore, to better
inform the public about INS detention operations, facilities shall permit representatives of the
news media and non-governmental organizations to have access to non-classified and nonconfidential information about their operation."24 Each facility must "establish a visiting
schedule based on detainee population and the demand for visits." 25 Friends and family visits
"shall be permitted during set hours on Saturdays, Sundays and holidays," although "some or all
detainees may be limited to visiting on Saturday or on Sunday" in order to "accommodate the
volume of visitors." 26 The minimum time limit for a visit shall be thirty minutes under normal
conditions, but the "INS encourages more generous time limits when possible, especially for
family members travelling significant distances to visit." 27
The Lerdo Facility appears to comply with the minimum Standards governing visitation
by friends and family, except perhaps with respect to visitation among family members housed at
the same facility and the Standards' requirement that all detainees be allowed to receive visitors

20

It appears that no one in our delegation inquired as to whether the Lerdo Facility staff allows
exclusive use of the non-contact visiting area for legal visitation.
21

Detention Operations Manual, Detainee Services: Visitation, Section III.K.

22

See Exhibit B.

23

Id. at Section I.

24

Id.

25

Id. at Section III.H.1.

26

Id.

27

Id.

5
la-596773

at least one day (Saturday or Sunday) each weekend. Regarding public visiting hours, the Lerdo
Facility “Inmate Orientation” pamphlet provides:
Visiting is from 12:00 P.M. to 2:30 P.M. and from 6:00 P.M. to 8:30 P.M..
Inmates are allowed (2) thirty minute visits per week. The visiting week will
begin on Saturday and end on Friday. Inmates with the last name beginning with
“A” through “F” will visit on Tuesdays and Fridays. Inmates with the last name
beginning with “G” through “M” will visit on Wednesdays and Saturdays.
Inmates with the last name beginning with “N” through “Z” will visit Thursdays
and Sundays. (emphasis added) 28
We were told, however, that if normal visiting hours are a hardship for family members, a
request for special visiting arrangements can be coordinated though the shift supervisor. It is
unclear whether the detainees are aware of this option. 29
Any member of the general public is allowed to visit a detainee, including immediate
family, other relatives, friends and associates. However, the maximum number of people
allowed per visit is two adults and two minors, 30 although “babies don’t count.” Family
members detained in the Lerdo Facility are not typically allowed to visit each other -- only in
“very rare occurrences” such as where a detainee has extreme mental health problems or when a
death is involved will the staff allow a supervised visit for immediate family members detained
at the Lerdo Facility.
In the visiting room, detainees are separated from visitors by a clear window, and they
communicate via telephone. Visitors are separated from other visitors by short partitions
(approximately 12 inches wide), but the close proximity of the seats (they are spaced
approximately four feet apart) and lack of full partitioning precludes any privacy of conversation.
Private and/or contact personal visits are not permitted at the Lerdo Facility.
C.

Incoming Property and Money for Detainees.

The Standards provide that each "facility shall have written procedures regarding
incoming property and money for detainees. … The visitor will receive a receipt for all money or
property left at the facility." 31 At SPCs and CDFs, detainees may receive "minimal amounts of
personal property," including small religious items, soft cover reading materials, up to 10

28

See Exhibit B.

29

This "policy" is not disclosed in the "Inmate Orientation" pamphlet, see Exhibit B, nor the
informational pamphlet given to visitors of the Lerdo Facility (a copy of which is attached hereto as Exhibit
C). Furthermore, detainees are apparently not verbally informed of this option. See July 21, 2002 Letter from
et. al., attached hereto as Exhibit D, at paragraph 13.
b6, b7C
30

Minors must be accompanied by an adult.

31

Detention Operations Manual, Detainee Services: Visitation, Section III.D.

6
la-596773

pictures no larger than 5"x7", correspondence, and wedding rings. 32 All facilities must allow
detainees to receive "legal documents and papers" and a "[p]ersonal address book or pages." 33
At the Lerdo Facility, visitors can leave money for a detainee’s account, and money
orders may also be wired directly to the facility. However, it does not appear that any items
other than legal documents or basic correspondence (from anyone other than another Lerdo
Facility detainee/inmate) 34 may be sent to detainees or left by visitors, even though the visitor
information pamphlet states that individuals may bring books or periodicals to inmates with the
approval of the "facility manager." 35 Our discussion of personal items, infra, details our
concerns with respect to the personal items allowed to be kept by detainees. 36
IV.

Telephone Access.

The Standards provide that facilities shall permit detainees to "have reasonable and
equitable access to telephones." 37 Facilities "shall provide telephone access rules in writing to
each detainee upon admittance, and shall post these rules where detainees may easily see
them." 38
The number of phones (two per pod), are adequate in number. 39 The detainees report that
these are sufficient and that they normally do not have to wait in line to use the phones.
However, the inmates are not sufficiently informed of the telephone access rules and procedures.
The "Inmate Orientation" pamphlet given to detainees at the Lerdo Facility merely states that
detainees "not on disciplinary isolation will be allowed reasonable access to collect call only
telephones." 40 Furthermore, the only information posted by the phones is a list of the cost to
make calls, and a number to call if family members encounter problems with calls.
32

Id.

33

Id.

34

The "Inmate Orientation" pamphlet, which is attached hereto as Exhibit B, provides:

To ensure the maintenance of important ties with families, friends, attorneys and the
community, inmates are allowed to send or receive an unlimited amount of mail to or from
any person, except other inmates of the Kern County Sheriff, including magazines,
periodicals & newspapers directly from the publisher. This does not include pornographic
materials…
35

See Exhibit C.

36

See pages 33 to 35.

37

Detention Operations Manual, Detainee Services: Telephone Access, Section I.

38

Id. at Section III.B.

39

There are approximately 30 detainees housed in each pod, and the INS requires at least one
telephone for every 25 detainees. See id. at Section III.C.
40

See Exhibit B.

7
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A.

Direct Calls and Free Calls.

The Standards provide that "[e]ven if telephone access is generally limited to collect
calls, the facility shall permit the detainee to make direct calls" related to their legal status, legal
proceedings, or personal or family emergencies. 41 Furthermore, every facility "shall enable all
detainees to make calls to the INS-provided list of free legal service providers and consulates at
no charge to the detainee or the receiving party." 42 Moreover, while detainees in SPCs and
CDFs are the only ones that must be allowed to make "direct calls by use of debit card," the "INS
encourages and will work with IGSA facilities toward adopting similar procedures." 43
When a Lerdo Facility detainee picks up the phone to make a call, an automated voice
prompts him or her to choose instructions in English or Spanish. The option to choose Spanish,
however, is spoken only in English. Voice-prompted instructions are not available in any other
language. The only sign posted near the phones was a chart explaining the cost of phone calls,
either using a pre-paid debit card or calling collect:
Phone Rates
Local (0-12 minutes)
1st minute
10 minute call
Local Toll
1st minute
10 minute call
Long Distance (within CA)
1st minute
10 minute call
Long Distance (outside CA)
1st minute
10 minute call
International
1st minute
10 minute call

Pre-Paid

Collect

2.42
3.14

2.59
3.40

2.47
3.64

2.64
3.90

3.35
8.30

3.59
8.90

4.24
9.19

4.54
9.85

1.60
16.00

N/A
N/A

The sign is posted above each phone, in English only. The sign also indicates that inmate
families and friends with blocked numbers or billing problems should call (800) 844-6591. 44

41

See Detention Operations Manual, Detainee Services: Telephone Access, Section III.E.

42

Id.

43

Id.

44

When we tried dialing this toll-free number from the facility’s phone, we discovered the system
would not connect a collect call to an “800” number.

8
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Despite the unavailability of collect rates for international calls, we were told that these are
available. 45
Despite the listing of prices for pre-paid calls, we were informed that the Lerdo Facility
stopped selling pre-paid debit phone cards at the end of 2001. Thus, detainees may not call any
phone number that is answered by an answering machine or automated service, or at which the
person answering refuses to accept a collect call. The Lerdo Facility personnel explained that
they discontinued the pre-paid debit card program because the cards were not profitable enough
for the commissary. Detainees reported to us that they now keep their phone calls short or do not
call their families because the collect calls cost too much 46 or certain family members won’t
accept collect calls.47
The Lerdo Facility staff members we spoke with were not familiar with the telephone
guidelines for pre-programmed technology. We were told that the detainees were given a list of
pro bono legal service providers 48 upon their arrival at the Lerdo Facility, but several detainees
we spoke with stated they had never seen the list before. 49 The Lerdo Facility has a preprogrammed speed dial system for the pro bono services on the list, but there are no signs
indicating how to call these toll free numbers. In fact, neither Commander b6, b7C nor the other
officers we spoke with knew how to dial the free pro bono numbers. After making some phone
calls, Commander b6, b7C found out how to dial the numbers (which requires a series of access
codes and a pre-programmed speed dial code not included in the list of pro bono legal service
providers) and assured us that the facility would post these pro bono dialing instructions next to
the phones as soon as possible. He reported that signs posted next to the phones get torn down,
however, such that he did not know how to post signs in a way that would not result in the
detainees/inmates tearing them down.
Once we had the access codes, our attempt to dial a pre-programmed pro bono service
was successful; however, the pro bono service was answered by an answering machine and
would not accept the call. The pre-programmed call seemed to operate much like a collect call.
B.

Telephone Privileges in the Special Management Unit.

The Standards provide that facilities "shall permit detainees in the Special Management
Unit for disciplinary reasons to make direct and/or free calls" as allowed for other detainees,
"except under compelling security conditions," which conditions "shall be documented." 50
45

Lerdo Facility staff also reported they are "planning" to post information on international collect

calling.
46

b6, b7C

b6, b7C

b6, b7C

b6, b7C

b6, b7C

,

b6, b7C

47
48
49
50

interview.

b6, b7C

The copy given to us is attached hereto as Exhibit E.
b6, b7C

,

b6, b7C

, and

b6, b7C

Detention Operations Manual, Detainee Services: Telephone Access, Section III.G.

9
la-596773

interviews.

b6, b7C

and

b6, b7C

Furthermore, even when calls are restricted, detainees in disciplinary segregation must be
allowed calls regarding legal matters, consular/embassy calls, and calls regarding family
emergencies. 51
The "Inmate Orientation" pamphlet given to detainees at the Lerdo Facility states that
detainees "not on disciplinary isolation will be allowed reasonable access to collect call only
telephones" (emphasis added). 52 Thus, it appears that the Lerdo Facility is not in compliance
with the above Standard.
C.

Incoming Calls.

The INS Detention Standards provide that facilities "shall take and deliver telephone
messages to detainees as promptly as possible. 53 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." 54
The Lerdo Facility staff will take phone messages from attorneys and deliver them to
detainees, though they report that attorneys call infrequently. On average, the staff takes less
than one message per month from an attorney to a detainee. Although it is in violation of the
first sentence quoted above, which mandates that "telephone messages" be delivered to detainees
without distinguishing between attorney/emergency messages and messages left by other
individuals, we were specifically told that the Lerdo Facility staff will not take messages from
anyone other than an attorney unless the call is an emergency telephone call related to a death or
a severely injured family member who has little chances of surviving (in which case a message is
taken and referred immediately to the Chaplain, who will in turn notify the detainee).
D.

Call Monitoring.

The Standards require that each facility "have a written policy on the monitoring of
detainee telephone calls. If telephone calls are monitored, the facility shall notify detainees in
the detainee handbook or equivalent provided upon admission. It shall also place a notice at
each monitored telephone stating: (1) that detainee calls are subject to monitoring; and (2) the
procedure for obtaining an unmonitored call to a court, legal representative, or for the purposes
of obtaining legal representation." 55

51

Detention Operations Manual, Security and Control: Special Management Unit (Disciplinary
Segregation), Section III.D.19.
52

See Exhibit B.

53

In SPCs and CDFs, "messages shall be delivered to detainees no less than three times a day."
Detention Operations Manual, Detainee Services: Telephone Access, Section III.I.
54

Id.

55

Id. at Section III.K.

10
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Although Lerdo Facility staff told us that detainee calls are "normally recorded but not
monitored," there is no statement complying with the above standard in the "Inmate Orientation"
pamphlet. 56 Additionally, while calls to and from attorneys on a pre-approved list are not
recorded at all, such is also not disclosed. To add an attorney's phone number to the list, the
attorney must contact inmate services or PCS, the facility’s telephone service provider.
E.

Privacy for Calls.

The Standards require that facilities "ensure for detainees' telephone calls regarding legal
matters. For this purpose, the facility shall provide a reasonable number of telephones on which
detainees can make such calls without being overheard by officers, other staff or other detainees.
Facility staff shall not electronically monitor detainee telephone calls on their legal matters,
absent a court order." 57 Furthermore, "[a] detainee's call to a court, a legal representative, or for
the purposes of obtaining legal representation will not be aurally monitored absent a court
order." 58
The only telephones available to detainees are located next to each other on one wall of
the indoor recreation area. The location of the phones does not permit a detainee to talk privately
with someone. A detainee must speak at a fairly loud volume for the person on the other end of
the line to hear him or her clearly. Some detainees reported that they wish they had privacy
when they spoke on the phone. 59
Furthermore, as previously mentioned, telephone calls on legal matters are routinely
recorded at the Lerdo Facility unless the phone number called is on a special attorney list. The
existence of this list is not disclosed in the "Inmate Orientation" pamphlet, 60 the informational
pamphlet given to visitors, 61 nor any posted signs. Thus, only detainees lucky enough to have an
attorney that somehow knows of the existence of this list will have their legal calls excluded
from recording.
F.

Inter-facility Telephone Calls.

The Standards provide that "[u]pon a detainee's request, the facility shall make special
arrangements permitting the detainee to speak by telephone with an immediate family member
detained in another facility." 62
56

See Exhibit B.

57

Detention Operations Manual, Detainee Services: Telephone Access, Section III.J.

58

Id. at Section III.K.

59

b6, b7C

,

b6, b7C

and

b6, b7C

b6, b7C

interviews.

60

See Exhibit B.

61

See Exhibit C.

62

Detention Operations Manual, Detainee Services: Telephone Access, Section III.H.

11
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We did not explore this issue during our visit. However, we believe that the Lerdo
Facility is not in compliance with this standard due to: (1) the Lerdo Facility personnel's lack of
knowledge of the telephone Standards; (2) the fact that this issue is not addressed in the "Inmate
Orientation" pamphlet; and (3) the facility's general unwillingness to expand telephone access
beyond collect-calling.
V.

Legal Materials / Library.

The Standards require each INS facility to designate and maintain a law library. 63 The
library must be spacious enough to accommodate detainee legal research and writing, well-lit,
and reasonably quiet. 64 Each library also must have an adequate number of tables and chairs, in
order to allow timely access to every detainee who requests to use the library. The library also
must provide detainees with materials and equipment sufficient to enable them to perform legal
research and prepare legal documents. 65
The Lerdo Facility designates and maintains a law library. It is well-lit and fairly
spacious, however, it is missing a number of required legal materials and the detainees we
interviewed indicated that it usually takes two weeks for them to obtain access to the law library
after submitting a request. As detailed below, the Lerdo Facility law library appears to meet
some, but not all, of the minimum standards set forth in the Standards.
A.

Materials Identified in Attachment A-2 of the Standards.

The Standards mandate that law libraries hold the legal materials contained in
Attachment A-2 66 of the Access to Legal Materials chapter of the Detention Operations Manual.
These materials are required to be updated regularly, and significant regulatory and statutory
changes regarding detention and deportation of aliens must be included in a timely manner.
Facilities are also required to post a list of holdings in the law library and designate an employee
that is responsible for updating the materials, inspecting them on a weekly basis and maintaining
them in good order. 67
The Lerdo Facility has a full-time librarian who works Monday through Friday, 8:00 a.m.
to 4:00 p.m., and a part-time librarian who works Monday through Friday, 4:00 p.m. to 12:00
a.m.. The library is missing a number of required materials. Specifically, the library is missing
the following documents:

63

See Detention Operations Manual, Detainee Services: Access to Legal Materials, Section I.

64

Id. at Section III.A.

65

Id. at Section III.A.-B.

66

A copy of Attachment A-2 is enclosed herewith as Exhibit F.

67

See Detention Operations Manual, Detainee Services: Access to Legal Materials, Section III.C., E.,

F.

12
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1. Immigration Law and Crimes, National Immigration Project of the National Lawyer’s
Guild (#8 on the list);
2. UNHCR Handbook on Procedures and Criteria for Determining Refugee Status (#12
on the list);
3. Considerations For Asylum Officers Adjudicating Asylum Claims From Women,
Immigration and Naturalization Service Memorandum dated May 26, 1995 (#13 on
the list);
4. Immigration and Naturalization Service Basic Law Manual, Immigration and
Naturalization Service Three Ring Binder (#14 on the list);
5. Lawyer’s Committee Handbook on Representing Asylum Applicants, Lawyer’s
Committee for Human Rights (#15 on the list);
6. Directory of Nonprofit Agencies that Assist Persons in Immigration Matters, National
Immigration Law Center Booklet (#26 on the list);
7. Other Translation Dictionaries Depending on the Most Common Languages Spoken
by the Detainee Population (#27 on the list);
8. Detainee Handbook and Detainee Orientation Materials (#28 on the list); and
9. Self-Help Materials, provided by outside organizations (#29 on the list).
In addition to the library missing the foregoing materials, some of the library’s materials
are not up to date. Upon discussing this with the full-time librarian, it was clear that she was
aware that some of the materials were not current; however, she appeared to be waiting for the
b6
updates to arrive.
provided her with a copy of the publisher information included
in Attachment C to the Access to Legal Materials chapter of the Detention Operations Manual,
and told her that it would be a good idea to contact the relevant publishers to request updated
information and materials. The librarian does appear to update the library’s materials when she
receives updates or other new materials (i.e., she replaces old text in the library’s current
materials with updates, new chapters, new notes from the authors, etc.). The librarian indicated
that she does this and instructs the part-time librarian to do the same when necessary.
If a detainee requests additional materials, the librarian tries to accommodate such a
request, but she occasionally refers the detainee directly to the INS. If a detainee requests certain
court forms or documents, the librarian provides the detainee with the relevant court’s address
and advises the detainee to write to the court. The library does not have a copy of the list of
required materials posted or a general list of its holdings posted, and there are no Florence
Project’s “Know Your Rights” packets in the library. Some of the detainees that we interviewed
indicated that an “English to Vietnamese” dictionary, as well as similar dictionaries for various

13
la-596773

Chinese dialects, would be very helpful to them while engaging in legal research and writing, 68
and we would like to see such dictionaries added to the library’s holdings.
B.

Library Conditions, Computer Access, Equipment &
Materials.

The Lerdo Facility’s library is well-lit, fairly spacious and has three large tables with
approximately 10 chairs. It appears to be fairly isolated from noise and a place where detainees
could engage in legal research and writing. Further, the library is clean and the books are well
organized. The librarian indicated that detainees may work together on legal research and
writing projects, and the detainees indicated that they are allowed to keep their legal documents
with them at all times.
The library only has two working typewriters. This appears to be an inadequate number
of typewriters, because the INS Detention Standards Implementation Initiative Volunteer
Attorney Guide indicates that there should be one typewriter for every five detainees. 69 (At the
time of our visit, the Lerdo Facility had two typewriters and 184 detainees.) Writing
instruments, paper and office supplies appear to be available to detainees, however, the detainees
do not have access to any computers.
C.

Photocopies and Mail.

The librarian indicated that each detainee may request as many photocopies as he or she
wishes. If a detainee wishes to make copies, he or she must simply fill out a request form and
hand it to the librarian on duty at the time. If the detainee is indigent, the librarian indicated that
photocopies are free; however, a detainee who has money must pay five cents per photocopy.
When asked whether a detainee could make unlimited copies, the librarian responded that she
had never received such a request; however, once she made 1,000 copies for a detainee for court
filing purposes. There is no indication that the librarian reviews the detainees’ confidential legal
or related information or materials.
If a detainee is indigent, the librarian stated that such a detainee is provided with free
envelopes and stamps for legal-related correspondence. A detainee may request envelopes
and/or stamps from the librarian or other staff (e.g., the guards). A detainee is considered
indigent if he or she has $3.00 or less in his or her personal account, and this determination is
made by the clerical/administrative staff.

68
69

b6, b7C

b6, b7C

, and

b6, b7C

interviews.

See INS Detention Standards Implementation Initiative Volunteer Attorney Guide, Attachment C,

page 10.

14
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D.

Access to the Library.

The Standards require that each facility have a flexible schedule to allow all detainees’
use of the law library for a minimum of five hours per week. 70 Use of the law library cannot
result in a detainee missing a meal, recreation time or any other planned activity. 71
Library hours at the Lerdo Facility are Monday through Friday, 8:00 a.m. to 12:00 a.m.
(midnight). Although most detainees that we interviewed indicated that they have never missed
a meal, recreation time or other planned activity due to their use of the law library, 72 they
indicated that it takes approximately two weeks for them to get access to the library after
submitting a request to do so. 73 This clearly presents a problem. The librarian indicated that the
Lerdo Facility’s policy is to allow each detainee to spend two hours in the law library twice per
week. However, the librarian confessed that due to a deluge in requests to use the library, this
“doesn’t always happen.” We were not made aware of any written procedure or general practice
with respect to requesting additional time to use the Lerdo Facility library even though the INS
Detention Standards require that the detainee handbook or equivalent contain notice of such
procedures. 74
E.

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

The Standards state that “[t]he facility shall provide assistance to any unrepresented
detainee who requests a notary public, certified mail or other such services to pursue a legal
matter”, if the detainee is unable to meet the need through family members or community
organizations. 75 We did not have sufficient time to inquire as to this topic and were not made
aware of issues pertaining to this topic.
VI.

Group Rights Presentations.

The Standards state that facilities shall, consistent with the security and orderly operation
of the facility, "permit authorized persons to make presentations to groups of detainees for the
purposes of informing them of U.S. immigration law and procedures." 76 Furthermore, facilities
70

Detention Operations Manual, Detainee Services: Access to Legal Materials, Section III.G.

71

See id.

72

It is worth noting, however, that two detainees,
forego recreation time in order to get library time.
73

b6, b7C

,

b6, b7C

,

b6, b7C

, and

b6, b7C

b6, b7C

and

b6, b7C

, did report having to

interviews.

74

See Detention Operations Manual, Detainee Services: Access to Legal Materials, Section III.Q
(listing the various notices required to be given to detainees respecting access to legal materials). Most of the
other notices required under this Standard are also not given at the Lerdo Facility.
75

Id. at Section III.P. See also id. at Section III.L. for the requirements relating to assistance for
illiterate and non-English speaking detainees.
76

Detention Operations Manual, Detainee Services: Group Presentations on Legal Rights, Section I.

15
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"shall play INS-approved videotaped presentations on legal rights, at the request of outside
organizations." 77
The facility personnel indicated that group rights presentations do not take place at the
Lerdo Facility, but that they would consider any request to perform such a presentation. They
stated they are not opposed to group rights presentations in principle, and indicated that they
would allow such presentations as long as the subject matter was appropriate and reasonable.
For instance, they indicated that they would likely not allow a person to perform a group rights
presentation if it would likely result in inciting violence among the inmates. No facility
personnel had heard of the “Know Your Rights” video created by the Florence Project and
distributed by the INS. They did indicate, however, that if they were provided with such a video
they would review it and allow the detainees to watch it if appropriate in content.
VII.

Recreation.

The Standards provide that "[r]ecreational activities shall be based on the facility's size
and location. With the [officer in charge's] approval, recreational activities may include limitedcontact sports, such as soccer, basketball, volleyball, table games, and may extend to
competitions between units." 78 The Standards further provide that each facility "shall have an
individual responsible for the development and oversight of the recreation program." 79 SPCs
and CDFs are required to have "Recreation Specialists" (individuals with special training in
implementation and oversight of recreation programs) in charge of the development and
oversight of the recreation program. 80
At the Lerdo Facility, the housing officer of each housing unit oversees the recreational
activities. There is no Recreation Specialist.
A.

Outdoor Recreation.

The Standards provide that “[i]f outdoor recreation is available at the facility, each
detainee shall have access for at least one hour daily, at a reasonable time of day, five days a
week, weather permitting.” 81
The Lerdo Facility's "Inmate Orientation" pamphlet states:
Inmates who are not under disciplinary isolation and who do not pose a security
risk to the facility staff or other inmates will be allowed a minimum of three hours
of outdoor exercise and recreation each week, according to a facility schedule.
77

Id. at Section III.I.

78

Detention Operations Manual, Detainee Services: Recreation, Section III.G.

79

Id. at Section III.F.

80

Id.

81

Id. at Section III.B.

16
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Inmates housed in the infirmary, who have been medically cleared, will be
allowed access to the exercise yard. 82
Despite the above Standard, we were told by Lerdo Facility staff that subject to weather
conditions, outdoor recreation is provided to each detainee only twice a week for 1.5 to 2 hours
each session. Moreover, detainees reported receiving even less outdoor recreation: one reported
receiving outdoor recreation only once a week; 83 another said it is given once a week "if at
all;" 84 another reported that the amount of recreation depends on the officer; 85 and others
complained of receiving only four hours of recreation in 11 days. 86
The Lerdo Facility's exercise yard is a small, screened area approximately the size of a
basketball court. The available activities are basketball and handball. One detainee reported that
detainees have to go barefoot when outdoors, which prevents them from engaging in serious
physical activity and often results in burnt feet due to the hot temperatures. 87
B.

Indoor Recreation.

The Standards state that "[d]ayrooms in general-population housing units will offer board
games, television, and other sedentary activities."88
Detainees at the Lerdo Facility are allowed to participate in indoor recreation in the
common area of their housing pod from 4:00 a.m. to 10:00 p.m. The available sedentary
activities include boardgames (Monopoly, Chess, Checkers, and Sorry), playing cards, 89
dominoes, and watching television. English language newspapers are also provided. 90
However, some detainees reported being denied access to newspapers and television when
officers wish to control and/or punish detainees. 91

82
83
84
85
86
87
88

See Exhibit B.
b6, b7C

b6, b7C
b6, b7C

interview.
interview.
interview.

See July 21, 2002 Letter from
b6, b7C

et. al., attached hereto as Exhibit D, at paragraph 16.

b6, b7C

interview.

Detention Operations Manual, Detainee Services: Recreation, Section III.G.

89

Detainees reported having to purchase their own playing cards, and complained that board games
often can't be played due to missing pieces. b6, b7C and
interviews.
b6, b7C
90

b6, b7C

interview.

91

These detainees also reported being allowed to watch the news and read the newspaper only when
b6, b7C
the officers are in a "good mood." See July 21, 2002 Letter from
et. al., attached hereto as
Exhibit D, at paragraph 18.

17
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In addition, the Lerdo Facility visitor information pamphlet states that detainees "will be
allowed access to books and periodicals from the facility library," which are distributed every
Saturday. 92 Several detainees reported that the few pleasure books available are extremely old. 93
Detainee morale at the facility would probably improve if more reading materials were made
available, especially materials in Spanish and various Asian languages.
C.

Segregation.

The Standards provide that "[d]etainees in the [Special Management Unit] shall be
offered at least one hour of recreation per day, scheduled at a reasonable time, at least five days a
week. This privilege shall be waived only if the detainee's recreational activity would
unreasonably endanger safety or security." 94
We were told that the detainees in segregation at the Lerdo Facility receive one hour of
outdoor recreation two times a week, and one hour of indoor recreation each day. However,
detainees reported that recreation is not regular for those in segregation: one detainee living in
segregation at the time of our visit reported being denied recreation when he asked for it, 95
another reported not receiving any recreation time during the five days he once spent in
segregation, 96 and yet another reported not receiving any outdoor recreation during the 10 days
he once spent in segregation. 97 Thus, there is reason for concern regarding compliance with the
above Standard.
D.

Classes.

We were told that the only classes offered at the Lerdo Facility are English as a second
language (“ESL”) and alcohol and drug rehabilitation classes. These classes are offered once per
week for several hours. INS detainees and other inmates attend together. The ESL class can
accommodate up to 25 students, and the substance abuse class can accommodate up to 35 males
and 35 females. We were told that all courses had available space at the time of our visit,
although detainees/inmates with court orders to attend are given priority with respect to the
substance abuse class should there be a waiting list. It should be noted, however, that several
detainees reported that the Lerdo Facility no longer allows INS detainees to attend ESL courses.
They were apparently told that only county inmates may attend. 98

92
93
94
95
96
97
98

See Exhibit C.
and

b6, b7C

b6, b7C

interviews.

Detention Operations Manual, Detainee Services: Recreation, Section III.H.
interview.

b6, b7C

interview.

b6, b7C

interview.

b6, b7C

b6, b7C

,

b6, b7C

and

interviews.

b6, b7C

18
la-596773

VIII. Medical Issues.
A.

General.
1.

Screening.

The Standards provide that each “facility will provide its detainee population with initial
medical screening, cost-effective primary medical care, and emergency care." 99 All new arrivals
"shall receive initial medical and mental health screening immediately upon their arrival" and
"shall receive TB screening." 100 A "health appraisal and physical examination" must be
conducted, and "[a]n initial dental screening should be performed," within fourteen (14) days of
arrival. 101
The Lerdo Facility does provide an initial medical screening upon arrival at the facility,
including a Tuberculosis screening. However, no formal dental or suicide screening is
completed at that time.
2.

Records.

The Standards provide that medical records be kept confidential and separate from
detainee records. 102 At the Lerdo Facility, medical records are kept confidential and separate.
Only medical professionals are permitted to review them.
3.

Medication.

The Standards provide that “[d]istribution of medication will be according to specific
instructions and procedures established by the health care provider.” 103 At the Lerdo Facility,
medication is distributed by a nurse.
4.

Sick Calls.

The Standards provide that “[a]ll facilities must have a procedure in place to ensure that
all request slips are received by the medical facility in a timely manner… Each facility will have
regularly scheduled times, known as sick call, when medical personnel will be available to see
detainees who have requested medical services…” 104

99

Detention Operations Manual, Health Services: Medical Care, Section III.A.

100

Id. at Section III.D.

101

Id. at Section III.D.-E.

102

Id. at Section III.B.

103

Id. at Section III.I.

104

Id. at Section III.F.

19
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According to a nurse at the facility, five to six nurses are on-call each day. She indicated
that when a detainee completes a sick call slip, 105 a nurse will contact him usually the next day.
If necessary, the detainee will see the doctor a few days after that. The doctor is available
Tuesday to Friday, from 8:00 a.m. until he has finished seeing the day's scheduled patients. We
were also told the maximum wait for a doctor is one week, and that if a detainee presents an
emergency, he or she will be taken care of immediately.
Several detainees reported that it is difficult to see a nurse or doctor: one reported that he
must always fill out two sick call requests before he is permitted to see a nurse; 106 another
reported that he was told that federal inmates and INS detainees get “no dental,” and complained
that his requests for dental care for a toothache he has had for a long period of time were
rejected; 107 another reported twice having to wait two days to be seen for food poisoning, 108 and
yet another reported it took the intervention of an attorney for him to receive adequate care for
throat problems. 109 Moreover, one detainee reported that the lack of consistent availability of
interpreters can make adequate communication with the medical staff impossible. 110
5.

HIV/AIDS.

With respect to the management of HIV infection among detainees, the Standards
provide that “[c]linical evaluation will determine the medical need for isolation." 111 For SPCs
and CDFs, “[United States Public Health Service] will not recommend to INS that the detainee
be separated from the general population… unless clinical evaluation reveals a medical need for
isolation.” 112 At the Lerdo Facility, detainees with HIV or AIDS are not placed in isolation. The
staff noted that many of the population in general (inmates and detainees) have HIV and are
treated no differently than those who do not.
B.

Terminal Illness, Advance Directives, and Death.

With regard to terminal illness, the INS Detention Standards provide that the facility will
“arrange the transfer of chronically, critically, or terminally ill detainees to appropriate off-site

105

A sample sick call request form, which we took as we toured a housing pod, is attached hereto as

Exhibit G.
106

b6, b7C

107

b6, b7C

108
109
110

b6, b7C

interview.
interview.
interview.

b6, b7C

interview.

b6, b7C

interview.

111

Detention Operations Manual, Health Services: Medical Care, Section III.K.

112

Id.

20
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medical facilities." 113 According to the staff at the Lerdo Facility, this is the procedure that they
follow as well.
With regard to advance directives, the standard is that the facility shall have procedures
for implementing living wills, advance directives and Do Not Resuscitate orders. 114 The nurse at
the Lerdo Facility said that they do not have any Do Not Resuscitate Orders and implied that
they rarely, if ever, do.
With respect to the death of a detainee at the facility, the Standards provide that “[t]he
facility shall follow written procedures when notifying INS officials, immediate family
members, and consulate offices of a detainee’s death.”115 Commander b6, b7C stated that at the
Lerdo Facility, the body of a deceased is brought to the coroner’s and that the family of the
victim is notified. He said that two deaths had occurred in the past few months, one of which
was from suicide.
C.

Hunger Strikes.

The INS Detention Standards state that “[m]edical staff shall monitor the health of a
detainee on a hunger strike.” 116 With regard to SPCs and CDFs, “[s]taff will consider any
detainee refusing food for 72 hours to be on a hunger strike and will refer him/her to the medical
department for evaluation and possible treatment.” 117
According to the detainees at the Lerdo Facility, hunger strikes do happen, but they
usually do not last even 24 hours. Therefore, the 72 hour mark seems to seldom, if ever, be
reached, so the facility seems to generally be under no obligation to follow the standards set out
for monitoring detainees on hunger strikes.
However, a guard provided details about events when a detainee is on a hunger strike.
According to him, the detainee is monitored immediately. His weight and vital signs are
checked. He may be placed in isolation if necessary. All other food from the commissary is
removed from the detainee’s room and the detainee’s food and liquid intake is monitored. The
guard said that hunger strikes occur occasionally, though not necessarily lasting longer than 72
hours.

113

Detention Operations Manual, Health Services: Terminal Illness, Advanced Directives and Death,
Section III.A.
114

Id. at Section III.B.-C.

115

Id. at Section III.E.

116

Detention Operations Manual, Health Services: Hunger Strikes, Section III.B.

117

Id. at Section III.A.

21
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D.

Suicide Prevention and Intervention.

The Standards provide that “[a]ll staff will receive training, during orientation and
periodically, in the following: recognizing signs of suicidal thinking, including suspect behavior,
facility referral procedures; suicide-prevention techniques; and responding to an in-progress
suicide attempt.” 118
The Standards further provide that “[i]f danger to life or property appears imminent, the
medical staff has the authority, with written documentation, to segregate the detainee from the
general population… The detainee may be placed in a special isolation room… Observation of
imminently suicidal detainees by medical or detention staff shall occur no less than every 15
minutes… In IGSA facilities, the [officer in charge] shall report to INS any detainee clinically
diagnosed as suicidal or requiring special housing for suicide risk.” 119
b6
According to
, the supervising mental health clinician at the Lerdo
Facility, staff has not been and is not formally trained in suicide prevention. However, she
discussed a training program through the American Suicide Association that she and another
b6
colleague are preparing and hope to implement shortly. Ms.
said that staff complete
a Lethality Risk Assessment on detainees they suspect may be suicidal. If a detainee is found to
be suicidal, he is placed in isolation for a minimum of one day. The average amount of time a
detainee would spend in isolation is 24 to 48 hours. A detainee on suicide watch is observed at
least twice every 30 minutes. After a detainee’s release from isolation, he is placed on a postb6
suicide watch for 72 hours. Ms.
said that because her staff receive 35 to 50 requests
a day, they are usually only able to provide crisis intervention. She did not mention reporting
suicidal detainees to INS.

IX.

Religious Issues.

The Standards provide that “[d]etainees shall have the opportunity to engage in practices
of their religious faith that are deemed essential by the faith’s judicatory, consistent with the
safety, security, and the orderly operation of the facility.” 120
A.

Services.
1.

Group Services.

The Standards provide that "[d]etainees will have the opportunity to engage in-group
[sic] religious activities, consistent with the safe, secure, and orderly operation of the facility." 121

118

Detention Operations Manual, Health Services: Suicide Prevention and Intervention, Section III.A.

119

Id. at Section III.C.

120

Detention Operations Manual, Detainee Services: Religious Practices, Section III.A.

121

Id. at Section III.H.

22
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Non-denominational religious services are held every Sunday at the Lerdo Facility.
Generally, all detainees except those in segregation may attend. There are no other services
available to the detainees, although we were told that other religious presentations organized
through the chaplain “may be allowed” in the future. No program is posted for these services,
but a “church list” is passed around every Sunday for signing by those who wish to attend the
services. Any detainee who signs up and is “clear to go” (i.e., has no gang affiliations or other
risk potential) is free to attend. These procedures satisfy the requirements provided by the
Standards.
2.

Individual Services.

The Standards provide that "[i]f requested by a detainee, the chaplain or designee shall
facilitate arrangements for pastoral visits by a clergyperson or representative of the detainee's
faith." 122 The Lerdo Facility chaplain is available for spiritual one-on-one counseling with
detainees, including those in segregation. We were told that other religious counseling with
specific faith representatives may be arranged through the chaplain; however, one detainee
reported never receiving an answer when he requested such counseling. 123 Privacy for
individual services is provided for by treating the visit as a “professional” visit. 124
The Lerdo Facility's official procedures for individual services, if actually followed,
satisfy the requirements provided by the Standards.
B.

Religious Property.

The Standards provide that “[d]etainees shall have access to personal religious property,
consistent with facility security.” 125 With respect to SPCs and CDFs, the Standards provide, in
part:
A detainee ordinarily shall be allowed to wear or use personal religious items
during religious services, ceremonies, and meetings in the chapel, unless the
[officer in charge] determines that the wearing or use of such items would
threaten facility security, safety, or good order. Upon request of the detainee, the
[officer in charge] may allow the wearing or use of certain religious items
throughout the facility, consistent with considerations of security, safety, or good
order… Religious headwear, notably kufis, yarmulkes, turbans, crowns, and
headbands, as well as scarves and headwraps for orthodox Muslim and Jewish
women, is permitted in all areas of the facility, subject to the normal
considerations of security and good order, including inspection by staff. 126
122

Id. at Section III.J.

123

b6, b7C

interview.

124

See supra, pages 2 to 5.

125

Detention Operations Manual, Detainee Services: Religious Practices, Section III.K.

126

Id.

23
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The detainees at the Lerdo Facility are not allowed to keep any religious items with their
personal belongings, nor may they wear religious dress and/or hairstyles. 127
C.

Dietary Requirements.

The Standards state that "the food service department will implement procedures for
accommodating, within reason, the detainees' religious dietary requirements." 128 Lerdo Facility
staff said they accommodate the dietary requirements of members of different faiths. However,
two Buddhist detainees reported that their requests for a vegetarian diet were denied, 129 and
another stated that religious diets are only available to those who follow the Muslim or Jewish
faiths. 130
X.

Discipline and Segregation.
A.

Disciplinary Policy.

The Standards state that “facility authorities will impose disciplinary sanctions on any
detainee whose behavior is not in compliance with facility rules and procedures.” 131 The
facility’s disciplinary policies and procedures “shall clearly define detainee rights and
responsibilities.” 132 The detainee handbook must “provide notice of the facility’s rules of
conduct, and of the sanctions imposed for violations of the rules.” 133 Additionally, the “detainee
handbook, or equivalent, shall notify detainees of” (1) the disciplinary process, (2) the prohibited
acts and disciplinary severity scale, and (3) the procedure for appealing disciplinary findings. 134
The Lerdo Facility’s “Inmate Orientation” pamphlet lists general rules of conduct. 135
However, these rules are not organized in an easy to understand way, and there is no indication
of the “disciplinary severity scale” or the punishment that detainees will receive for violations of
the different rules.

127
b6, b7C

128
129
130

b6, b7C

b6, b7C

b6, b7C

b6, b7C

b6, b7C

,

b6, b7C

interviews.
Id. at Section III.M.
b6, b7C

b6, b7C

and

b6, b7C

interviews.

interview.

131

Detention Operations Manual, Security and Control: Disciplinary Policy, Section I.

132

Id. at Section III.A.1.

133

Id. at Section III.A.5.

134

Id. at Section III.L.

135

See Exhibit B.

24
la-596773

and

b6, b7C

It is the pamphlet given to visitors of the Lerdo Facility that provides a glimpse of the
forms of discipline. Under the title “Plan for Inmate Discipline,” the pamphlet states that
disciplinary hearings “will be conducted in accordance with the guidelines established by the
California Code of Regulations, Title 15; Detention Bureau Policies and Procedures; and Lerdo
Pre-Trial Policies and Procedures.” 136 Under the title “Forms of Discipline,” the pamphlet
provides:
Any security staff member may initiate disciplinary action against an inmate for
violation of facility rules. Disciplinary action will take one of the following
forms, depending on the severity of the misconduct, and the inmate’s past
violations:
Oral reprimand
Loss of privileges
Transfer to a higher level of security
Loss of “good time” or “work time” credit
Disciplinary isolation
Disciplinary Diet 137
Under the title “Rules and Disciplinary Penalties,” the visitor pamphlet states:
Facility rule violations and resultant penalties are categorized as:
• Minor rule violations
Oral reprimand
Loss of privileges
Up to two days of disciplinary isolation
Transfer to a higher level of security
• Serious rule violations
Oral reprimand
Loss of privileges
Up to five days of disciplinary isolation
Transfer to a higher level of security
Loss of up to 10 days “good time” credit
Loss of privileges [sic]
136

See Exhibit C.

137

See Exhibit C. It is unclear what constitutes a “Disciplinary Diet.” However, it should be noted
that the Standards provide that detainees in disciplinary segregation “shall receive their meals according to the
schedule used by the general population. Detainees in segregation will be provided nutritionally adequate
meals, ordinarily from the menu served to the general population... Food shall not be used as punishment.”
Detention Operations Manual, Security and Control: Special Management Unit (Disciplinary Segregation),
Section III.D.10. Furthermore, detainees in administrative segregation “shall receive three nutritionally
adequate meals per day, from the menu served to the general population… Under no circumstances shall food
be used as punishment.” Detention Operations Manual, Security and Control: Special Management Unit
b6, b7C
(Administrative Segregation), Section III.D.5. Also worth noting is that
a detainee housed
in segregation at the time of our visit, reported that he had not had a hot meal in seven (7) months.

25
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•

Major rule violations
Up to 10 days of disciplinary isolation
Transfer to a higher level of security
Loss of 30, and up to all “good time” credit days
Loss of unearned work time
Disciplinary diet
Prosecution 138

It is unclear which rule violations fall under which category. There is, however, a statement in
this pamphlet that “[a]ll discipline will be as consistent as possible and will be in compliance
with Title 15, Section 1083.” 139
In conclusion, the Lerdo Facility is in violation of the Standards because of the lack of
clear disclosure to detainees of "the facility's rules of conduct" and "the sanctions imposed for
violations," including the "disciplinary severity scale," and because of the lack of notification to
detainees of the "disciplinary process" and "the procedure for appealing disciplinary findings."
B.

Segregation.

The Standards state that each facility “will establish a Special Management Unit that will
isolate certain detainees from the general population” either for administrative reasons
(administrative segregation) or disciplinary reasons (disciplinary segregation). 140 Administrative
segregation status “is a non-punitive status in which restricted conditions of confinement are
required only to ensure the safety of detainees or others, the protection of property, or the
security or orderly running of the facility.” 141 These detainees “shall receive the same general
privileges as detainees in the general population, consistent with available resources and security
considerations.” 142 Disciplinary segregation is for detainees “whose behavior does not comply
with facility rules and regulations.” 143 Detainees may be placed in disciplinary segregation
“only by order of the Institutional Disciplinary Committee, after a hearing in which the detainee
has been found to have committed a prohibited act” and “alternative dispositions would
inadequately regulate the detainee’s behavior.” 144
138

See Exhibit C.

139

See id.

140

Detention Operations Manual, Security and Control: Special Management Unit (Administrative
Segregation), Section I; Special Management Unit (Disciplinary Segregation), Section I.
141

Detention Operations Manual, Security and Control: Special Management Unit (Administrative
Segregation), Section III.A.
142

Id. at Section III.D.

143

Detention Operations Manual, Security and Control: Special Management Unit (Disciplinary
Segregation), Section III.A.
144

Id.

26
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The Standards further provide that the conditions of disciplinary confinement “will
depend on the amount of supervision required to control the individual and safeguard other
detainees and staff.” 145 Detainees in disciplinary segregation generally should have access to the
law library, personal legal material, two soft-bound non-legal books, and three showers a
week. 146 “Recreation shall be provided to detainees in disciplinary segregation in accordance
with the ‘Recreation’ standard… absent compelling security or safety reasons documented by the
[officer in charge].” 147 Furthermore, facilities “shall follow the ‘Visitation’ standard in setting
visitation rules for detainees in disciplinary segregation” and give these detainees “the same
correspondence privileges as detainees in the general population.” 148 Telephone access may be
restricted to calls regarding legal matters, consular/embassy calls, and calls regarding family
emergencies, 149 although these restrictions must be placed only where there are "compelling
security conditions," which "shall be documented." 150 There are also rules and procedures
regarding the length of time detainees remain in both types of segregation. 151
The Lerdo Facility staff stated that a detainee is placed in administrative segregation for
safety and security reasons. If a detainee is combative he or she is placed in disciplinary
segregation. A detainee may also be placed in segregation if he or she has a disease such as
tuberculosis or hepatitis.
It is unclear whether the facility follows the above-mentioned procedural requirements
when it places detainees in disciplinary segregation, but statements made by several detainees
raised some concerns. Two of the detainees we interviewed referred to disciplinary segregation
b6
as “the hole.” When
asked the facility personnel what was meant by “the hole”
they said that they did not know. One detainee stated he had been taken out of the INS pod and
placed in solitary confinement, which he called “the hole,” for 50 days after he failed to follow
an order to get down on the floor. 152 Another detainee indicated that for the five days he had
once spent in “the hole,” he was only let out of the cell to shower, and did not get any recreation
time. 153 Moreover, detainees reported that segregation is sometimes used as a means to silence
145

Id. at Section III.D.1.

146

See Detention Operations Manual, Security and Control: Special Management Unit (Disciplinary
Segregation), Section III.D.
147

Id. at Section III.D.13.

148

Id. at Section III.D.17-18.

149

Id. at Section III.D.19.

150

Detention Operations Manual, Detainee Services: Telephone Access, Section III.G.

151

See Detention Operations Manual, Security and Control: Special Management Unit
(Administrative Segregation), Section III.C; Special Management Unit (Disciplinary Segregation), Section
III.A, C.
152
153

b6, b7C

interview.

b6, b7C

interview.

27
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individuals who may have witnessed abuses of inmates by the facility's guards. 154 Based on
these statements and our understanding of the Lerdo Facility's policies, we believe there may be
problems with the amount of recreation given to segregated detainees. 155 In addition, there may
be problems with the amount of time inmates spend in disciplinary segregation as well as the
reasons the inmates are put in segregation.
Furthermore, there are definite problems with the access to telephones, visitation and
library materials given to segregated detainees at the Lerdo Facility. Lerdo Facility staff
informed us that while individuals in disciplinary segregation are not allowed personal visits,
they are allowed attorney visits. This is in violation of the Standards, which clearly state that
"[a]s a rule, a detainee retains visiting privileges while in disciplinary segregation." 156 As to
access to library materials, the Lerdo Facility's visitor pamphlet states that "[d]isciplinary
isolation inmates will be denied library privileges." 157 This also violates the Standards, which
state that detainees in disciplinary segregation should have access to "legal and non-legal reading
material." 158 The problems we discovered regarding telephone access are discussed above in the
section entitled "Telephone Privileges in the Special Management Unit." 159
C.

Lockdown.

Another area of concern is the use of “lockdown” to control detainees. During a
lockdown, all detainees in a pod are confined to their cells, except for a brief period each day to
shower. The detainees do not receive any recreation time and do not have the opportunity to
make phone calls during lockdown. About one week prior to our visit the detainees had been
placed on lockdown. Apparently there was a gang-related fight in one of the pods, after which
all six pods in the federal male detainee/inmate housing unit were placed on lockdown. Five
pods were let out of lockdown after one week, but the other remained in lockdown for another 10
days. The detainees reported that they had to go on a hunger strike and flood the pod’s floor
with water from their sinks in order to induce the release. 160

154

See July 21, 2002 Letter from

155

See also our discussion of recreation for detainees in disciplinary segregation, supra, at page 18.

et. al., attached hereto as Exhibit D, at paragraph 15.

b6, b7C

156

Detention Operations Manual, Security and Control: Special Management Unit (Disciplinary
Segregation), Section III.D.17.
157

See Exhibit C.

158

Detention Operations Manual, Security and Control: Special Management Unit (Disciplinary
Segregation), Section III.D.15.
159
160

See supra, pages 9 to 10.
b6, b7C

interview.

28
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D.

Use of Force.

The Standards state that “[t]he use of force is authorized only after all reasonable efforts
to resolve a situation have failed.” 161 When necessary, only “reasonable force and/or restraints
to prevent [a detainee] from harming self, others, and/or property” should be used. 162
During our interviews with detainees at the Lerdo Facility, several interviewees reported
that some of the Lerdo Facility guards are physically abusive toward the detainees. 163 One
detainee indicated that he had been physically assaulted by the guards. He claimed that after he
did not comply with an order to get down on the ground, he was rushed by the guards with
electric shields and was kicked in the back of the head once he was on the ground. After the
incident, he was denied medical attention that he requested. The incident resulted in his
placement in “the hole” for 50 days. 164 Another detainee refused to answer any of our questions,
stating concern that he would receive physical retaliation should the guards find out that he had
spoken to us. 165 Finally, another detainee reported that the guards threaten to withhold food if
the detainees do not comply with orders, although he also stated that food had never actually
been withheld. 166
XI.

Other Issues.
A.

Voluntary Work Program.

The Standards state that “[e]very facility with a work program will provide detainees
with the opportunity to work and earn money” and that “[d]etainees who are physically and
mentally able to perform work will be provided the opportunity to participate in any voluntary
work program.” 167 Despite the fact that the Lerdo Facility has a work program, the detainees
were not allowed to participate in such program. The Lerdo Facility staff told us that they were
under the belief that detainees were not allowed to work until two days before our visit. They
stated they plan to allow detainees to participate in the work program in the near future.
B.

Non-Medical Emergency Escorted Trips.

The Standards provide that the “District Director (DD) may, on a case-by-case basis,
allow a detainee’s visit to a critically ill member of his/her immediate family. The DD may

161

See Detention Operations Manual, Security and Control: Use of Force, Section I.

162

Id. at Section III.A.

163
164
165
166
167

b6, b7C

b6, b7C

b6, b7C

b6, b7C

b6, b7C

interviews.

interview.

This detainee refused to allow release of his name to the ABA.
b6, b7C

interview.

Detention Operations Manual, Detainee Services: Voluntary Work Program, Section I.

29
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and

b6
llow a detainee to attend an immediate-family member’s funeral.” 168 Neither
b6
of the INS nor the Lerdo Facility staff were aware of the option to allow non-medical
b6
emergency escorted trips. Ms.
stated that she did not believe there was such a
standard.

C.

Detainee Grievance Process.

The Standards state that each facility must have procedures to address detainee
grievances and provide for “reasonable time limits for: (i) processing, investigating and
responding to grievances, (ii) convening a grievance committee to review formal complaints; and
(iii) providing written responses to detainees who filed formal grievances, including the basis for
the decision." 169 Facilities “shall implement procedures for addressing detainee appeals,” under
which the detainee must be allowed to appeal the decision of the grievance committee to the
officer in charge. 170 Furthermore, facilities must document detainee grievances, 171 and the
detainee handbook must provide notice of: (1) the opportunity to file a grievance, (2) the
procedures for filing a grievance and appeal, including the availability of assistance in preparing
a grievance, (3) the procedures for resolving a grievance or appeal, including the right to have
the grievance referred to higher levels, (4) the procedures for contacting the INS to appeal the
decision of the officer in charge of an IGSA facility, (5) the policy prohibiting staff from
harassing, disciplining, punishing or otherwise retaliating against any detainee for filing a
grievance, and (6) the opportunity to file a complaint about officer misconduct directly with the
Justice Department. 172
With respect to grievances, the Lerdo Facility's "Inmate Orientation" pamphlet provides:
Staff will attempt to resolve verbal inmate complaints at the lowest possible level.
Any inmate may submit a written grievance relating to any condition of
confinement. All written grievances will be acted upon. Grievances involving
medical issues will be referred to the Medical Staff. All written grievances will
be responded to within seven days, if possible. 173 Inmates may submit a written
appeal regarding the outcome of the grievance to the level of authority one step
above the officer resolving the grievance. Grievances written on conditions

168

Detention Operations Manual, Detainee Services: Non-Medical Emergency Escorted Trips, Section

169

Detention Operations Manual, Detainee Services: Detainee Grievance Procedures, Section I.

170

Id. at Section III.C.

171

Id. at Section III.E.

172

Id. at Section III.G.

III.A.

173

In contrast, the Lerdo Facility’s visitor information pamphlet's grievances section states that “[a]ll
written [inmate] grievances will be responded to within (48) hours, if possible.” See Exhibit C.

30
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occurring outside the inmate’s normal housing facility will be forwarded to the
[sic]. 174
While the Lerdo Facility has disclosed grievance procedures, these clearly do not
conform to the above Standards. Furthermore, the grievance forms 175 are not readily available
to the detainees. 176 If a detainee wants a grievance form, he or she must request one from the
floor officer, which is something detainees are often hesitant to do. If a form is actually
submitted by the detainee, it appears that they do not always receive an answer from the facility
personnel. 177 Several detainees also reported that they are afraid to file grievances because
officers will take away their privileges if they do. 178
D.

Accommodations.

The housing facilities appeared to be generally clean. However, we were concerned with
the failure to follow the Standards governing issuance and exchange of clothing, bedding and
towels.
The Standards state that "[d]etainees shall be provided with clean clothing, linen and
towels on a regular basis to ensure proper hygiene. Socks and undergarments will be exchanged
daily, outer garments at least twice weekly and sheets, towels, and pillowcases at least weekly.
More frequent exchanges of outer garments may be appropriate, especially in hot and humid
climates." 179 Furthermore, in SPCs and CDFs, detainees are to be issued one mattress, one
blanket, one pillow, two sheets, one pillowcase, one towel, and blankets as needed. 180
Detainees at the Lerdo Facility are not provided with a pillow and pillowcase. They are,
however, given two shirts, two pairs of pants, two pairs of socks, and a pair of shoes. The Lerdo
174

See Exhibit B. The visitor information pamphlet prints what apparently should be the end of this
sentence. That pamphlet’s description of the inmate grievance procedure ends with the following sentence:
“Grievances written on conditions occurring outside the inmate’s normal housing facility will be forwarded to
the appropriate authority where the grievance occurred.” See Exhibit C.
175

The forms are written in English and Spanish, and are attached hereto as Exhibit H.

176

See July 21, 2002 Letter from

et. al., attached hereto as Exhibit D, at paragraph 12.

b6, b7C

177

b6, b7C
See id. Also,
reported having a completed grievance form torn up in front of him by
b6, b7C
an officer who used profane and abusive language.
also reported not receiving responses to
the two grievances he has filed, and reported another form being torn up in front of him by a guard. b6, b7C
reported filing about 10 grievances and not receiving a response to any of them. Finally,
b6, b7C
reported that his May 31, 2002 grievance had not been answered as of the time of our visit, and stated that the
INS had not responded to his sending them a copy of the grievance and complaining about the lack of response
by the Lerdo Facility.

178

b6, b7C

and

b6, b7C

interviews.

179

Detention Operations Manual, Detainee Services: Issuance and Exchange of Clothing, Bedding,
and Towels, Section III.E.
180

Id. at III.C.

31
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Facility staff stated that undergarments, sheets and towels are exchanged twice a week,
outergarments once a week, and blankets every three months. However, many detainees stated
that clothing and bed linens were generally exchanged only once a week, except for blankets. 181
One detainee who has been at the facility for over a year stated that his blanket has never been
exchanged. 182 Furthermore, some detainees reported that their sheets had not been exchanged in
11 days, 183 another reported exchanges every two weeks, 184 another reported sometimes going
without a laundry exchange for three to four weeks, 185 another reported he once went without a
sheet exchange for three weeks, 186 and yet another reported going without a clothing exchange
for one month while housed in "max." 187 It is also worth noting that one detainee reported being
denied alternative footwear when he was unable to wear the issued sandals due to a foot
injury. 188
E.

Correspondence and Other Mail.

The Standards state that every facility "shall notify detainees of its policy on
correspondence and other mail through the detainee handbook or equivalent provided to each
detainee upon admittance," and provides a detailed list of the minimum information that must be
disclosed in such policy. 189 Among the items that must be included in the notification are: (1)
the address of the facility and instructions on how to address envelopes; (2) the procedure for
sending outgoing mail and instructions on how to address such mail; (3) the definition of special
correspondence and a statement that such correspondence will be opened in the detainee's
presence and may be inspected for contraband, but not read; (4) a statement that packages may
not be sent or received without advance arrangements approved by the officer in charge, (5) the
procedure for obtaining approval for the receipt of packages; (6) a description of mail that may
be rejected by the facility and which the detainee may not keep in his or her possession; and (7)
how to obtain writing implements, paper, envelopes and postage. 190 The facility must also

181

b6, b7C

, and

b6, b7C

182
183

b6, b7C
b6, b7C

b6, b7C

b6, b7C

,

b6, b7C

,

b6, b7C

interview.

See July 21, 2002 Letter from

184

b6, b7C

interviews.

, attached hereto as Exhibit D, at paragraph 9.

b6, b7C

interview. It is worth noting Mr. Hernandez was the only detainee we
interviewed that was housed in segregation at the time of our visit.
185

b6, b7C

b6, b7C

186

b6, b7C

187
188

interview.
interview.

b6, b7C

interview.

b6, b7C

interview.

189

Detention Operations Manual, Detainee Services: Correspondence and Other Mail, Section III.B.

190

Id.

32
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"make all reasonable efforts to provide key information to detainees in languages spoken by any
significant portion of the facility's population." 191
The only related information provided to detainees at the Lerdo Facility is contained in
the "Inmate Orientation" pamphlet. The pamphlet merely contains the address of the facility in
addition to the following statement:
To ensure the maintenance of important ties with families, friends, attorneys and
the community, inmates are allowed to send or receive an unlimited amount of
mail to or from any person, except other inmates of the Kern County Sheriff,
including publications directly from the publisher. This does not include
pornographic materials. All mail must have the inmates [sic] return address. This
includes housing location and booking number. 192
F.

Personal Items and Contraband.
1.

Personal Items.

The Standards provide that "[d]etainees may keep a reasonable amount of personal
property in their possession, provided the property poses no threat to facility security. Detainees
shall have the opportunity to store excess property with a third party or, with the [officer in
charge's] permission, in the facility's personal property storage area… Each housing area will
designate an area for storing detainees' personal property." 193 In SPCs and CDFs, detainees must
be permitted to keep reasonable amounts of the following items, provided the item does not
"pose a threat to the security or good order of the facility:" (1) small religious items; (2)
softbound reading material and correspondence; (3) legal documents and papers; (4) prescription
glasses;l (5) dentures; (6) a personal address book or pages; and (7) a wedding ring. 194
The following is a list of the personal items allowed to be kept by detainees at the Lerdo
Facility. It was copied from a list posted (in English only) in the indoor recreation area of a pod:
1.
2.
3.
4.
5.

Drinks – 40 total
Pencils and erasers – 5 each
Tylenol, 2 pack – 5
Colored pencils
Spanish/English dictionary

191

Id.

192

See Exhibit B.

193

Detention Operations Manual, Detainee Services: Funds and Personal Property, Section III.B.

194

Id.

33
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6. Welfare Kit 195
7. Envelopes – 30
8. Stamps – 30
9. Two books 196
10. Two magazines 197
11. One newspaper 198
12. Two each:
a. Sketch pad
b. Writing pad
c. Legal pad
d. Pencil sharpener
e. Playing cards
f. Pinochle cards
g. Sweetener
h. Creamer
13. Snacks – 15 each
14. Candy – 15 each
15. Toiletries – 2 each
The sign also stated that if the detainees have any items not on this list, those items are
considered contraband, and the detainees are subject to discipline.
Several of the detainees we spoke with complained that these items are insufficient.
They stated that they are often hungry and that the food and toiletries they are allowed to
purchase once per week do not last the whole week. 199 Detainees who had been at other INS
facilities also wished that items available at those facilities -- such as instant rice, top ramen, and
access to a microwave -- would be made available at the Lerdo Facility. 200 Of significant
concern to us was the fact that detainees are not allowed to keep photographs 201 or religious

195

The “welfare kit” consists of a mini-pencil, toothbrush, toothpaste (0.6 oz.), razor, soap (1.5 oz.)
and comb, and is provided weekly to indigent detainees free of charge. It is also provided to all detainees upon
their arrival at the facility.
196

Reading books can be obtained from a library service, but detainees complained that these books
are extremely old and falling apart. Interview with
.
b6, b7C
197

One detainee reported that these magazines may not contain photographs. He stated that if
detainees are found with magazines with photographs, the magazines are confiscated.
interview.
b6, b7C
198
b6, b7C

199

One detainee complained about only being allowed to keep English language newspapers.
interview.
b6, b7C

200
b6, b7C

201

b6, b7C

and

b6, b7C

interviews.

interview.
b6, b7C

,

and

b6, b7C

34
la-596773

b6, b7C

interviews.

b6, b7C

items, 202 as absence of these is likely to contribute to the depression that detainees said was
prevalent at the facility. Also of note is the absence from the above list of an explicit
authorization to keep correspondence and legal papers.
2.

Contraband.

The Standards provide that at SPCs and CDFs, the “[s]taff shall inventory, receipt, and
store in a secure area with the detainee’s other (stored) personal property any soft contraband
and/or hard contraband that is not illegal under criminal statutes possession,” unless such
personal property exceeds storage capacity, in which case it is to be shipped to a third party of
the detainee's choosing (at no cost for indigent detainees).203
We were explicitly told by Commander b6, b7C that soft contraband (i.e., items that aren’t
illegal or hazardous such as extra bars of soap) would be stored in the detainee’s property bag for
return upon a detainee’s release and that the facility has so much storage capacity that he couldn't
imagine them not being able to store something for a detainee. However, posted with the abovementioned list of personal items allowed to be kept by detainees was a statement that officers
“will seize and destroy all contraband items, including excess commissary and altered items.
Personal mail in excess of that stated may either be mailed to a friend or relative at the expense
of the inmate or destroyed. An officer will not place any items into the property bag of an
inmate.” While the above-quoted Standard is not mandatory for IGSA facilities, it would appear
that the Lerdo Facility's posted procedure does not "meet or exceed the objective represented" by
that standard, as is required of IGSA facilities by the Standards. 204
G.

Food Service.

The Standards do not provide a minimum calorie requirement. With respect to satellite
feeding, which is the type of feeding done at the Lerdo Facility, the Standards provide that
"[f]oods shall be kept hot enough or cold enough to destroy or arrest the growth of infectious
organisms… Thermal bags and carts, refrigerated carts, thermal compartment trays, etc. shall be
used for satellite feeding…" 205
We were told that the average calorie intake per detainee at the Lerdo Facility is 2800
calories per day. One detainee, however, complained that they were not given enough food, and
stated that many detainees remain hungry every day and have lost significant body weight since
arriving at the facility. 206 Perhaps the feeding schedule is a contributor to the detainees

202
b6, b7C

b6, b7C
,
interviews.

b6, b7C

,

b6, b7C

b6, b7C

b6, b7C

b6, b7C

203

Detention Operations Manual, Security and Control: Contraband, Section III.B.

204

See id. at Section II.

205

Detention Operations Manual, Detainee Services: Food Service, Section III.G.1.

206

b6, b7C

interview.

35
la-596773

and

b6, b7C

remaining hungry at the end of the day, as we were told that breakfast is served around 3:00 a.m.,
lunch between 10:00 and 11:00 a.m., and dinner at 4:00 p.m. 207
Finally, it should be noted that many detainees reported that by the time they get their
food (which is prepared at a remote facility) it is too cold, 208 and others complained that their
food is received “raw” and that the chlorine and rust in the water makes it taste bad. 209
H.

Marriage.

The Standards provide that “[w]hen a detainee in an IGSA facility submits a marriage
request, INS shall be notified and consulted regarding approval or denial.” 210 When we asked
about the Lerdo Facility’s marriage policy, we were told that the county does not allow
marriages to take place at the facility, but that any request by a detainee would be referred to the
b6
INS.
was not aware of the INS’s position on the issue. After making a phone
b6
call, Ms.
stated that the INS district office would “consider” a marriage request made
via a “request slip” or a letter to the INS, and that any denials would be made in writing. Such a
procedure appears consistent with the Standards, but it is unclear whether the Lerdo Facility staff
is aware that such procedure must be followed.
I.

List of Pro Bono Legal Organizations.

The Standards state that the "INS shall provide the facility with the official list of pro
bono legal organizations, which is updated quarterly by the Executive Office for Immigration
Review. The facility shall promptly and prominently post the current list in detainee housing
units and other appropriate areas." 211 We did not see any such list posted during our tour of the
Lerdo Facility.
J.

Strip Searches.

The Standards require that detainees be given a copy of the facility’s detainee search
procedures “in the detainee handbook or equivalent provided upon admission to the facility.” 212
Even though the Lerdo Facility performs strip searches after contact visitation, its “Inmate
Orientation” pamphlet does not contain any reference to search procedures. 213

207
208

b6, b7C

b6, b7C

and
b6, b7C

interviews.

b6, b7C

b6, b7C

and

b6, b7C

interviews.

209

b6, b7C
See July 21, 2002 Letter from
et. al., attached hereto as Exhibit D, at paragraphs 56. During an interview,
also reported that the water is undrinkable.
b6, b7C

210

Detention Operations Manual, Detainee Services: Visitation, Section III.I.14.

211

Detention Operations Manual, Detainee Services: Marriage Requests, Section III.A.

212

Detention Operations Manual, Detainee Services: Visitation, Section III.I.11.

213

See Exhibit B.

36
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K.

Request Form.

The Lerdo Facility uses a standard form (printed in English and Spanish) for detainee
requests other than the filing a grievance or requesting a sick call. For example, the request form
is used to request access the library or to request a meeting with an INS representative. A
sample form, which we grabbed as we toured a housing pod, is attached hereto as Exhibit I.

37
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bcc:

b6

b6

b6

b6

b6

38
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