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Washington, D.C.

MEMORANDUM

September 12, 2006
To:
From:
Copies to:
Subject:

John P. Torres, Director, Office of Detention and Removal, Immigration and
Customs Enforcement
American Bar Association Delegation to the Lerdo1 Pre-Trial Facility
(b)(6)
ABA Commission on Immigration
Report on Observational Tour of the Lerdo Pre-Trial Facility, Kern County,
California

This memorandum summarizes and evaluates information gathered at the Lerdo Pre-Trial
Facility (“LPTF” or “the facility”) in Kern County, California, during the delegation’s August 1,
2006 visit to the facility. The information was gathered via observation of the facility by the
delegation, interviews with detainees, and discussions with LPTF and Immigration and Customs
Enforcement (“ICE”) personnel.
I. ICE DETENTION STANDARDS
In November 2000, the Immigration and Naturalization Service (INS),2 promulgated the
“INS Detention Standards” to ensure the “safe, secure and humane treatment” of immigration
detainees. The thirty-eight standards contained in the Detention Operations Manual cover a
broad spectrum of issues ranging from visitation policies to grievance procedures. These
standards apply to ICE-operated detention centers and other facilities that house immigration
detainees pursuant to a contract or intergovernmental service agreement (“IGSA”).
The Detention Standards (“Standards”) went into effect at ICE-operated detention
facilities on January 1, 2001. ICE intended to phase in the Standards at all of its contract and
IGSA facilities by December 31, 2002. The Standards constitute a floor rather than a ceiling for
1

The delegation was comprised of attorneys and summer associates from the Los Angeles office of Latham &
Watkins LLP, including
(b)(6)
(b)(6)
and
2
Effective March 1, 2003, the INS ceased to exist as an agency of the Department of Justice. The INS’s
immigration enforcement functions which previously were transferred to Immigration and Customs Enforcement
(“ICE”), a division of the newly-created Department of Homeland Security (“DHS”).

LA\1628478.2

the treatment of immigration detainees. In other words, they are designed to establish the
minimum requirements to which ICE must adhere in its facilities. Each Field Office or Officerin-Charge has discretion to promulgate polices and practices affording ICE detainees more
enhanced rights and protections, beyond those provided for by the Standards.
II. INTRODUCTION
A.

The Delegation’s Visit, August 1, 2006

On Tuesday, August 1, 2006, the members of our delegation met with several members
(b)(6), (b)(7)c
of LPTF’s staff. ICE Supervisory Detention and Deportation Officer
and Kern
(b)(6),
(b)(7)c
(b)(6),
(b)(7)c
County officers Senior Deputy
and Sergeant
led our delegation
on a tour of the facility. The delegation also spoke at length with the law librarian, Willa Crump.
The delegation appreciates the cooperation of these individuals; they were direct and
accommodating during our tour of the facility.
Our report is based on the discussions we had with these LPTF employees, as well as
observations of the facility and interviews with several immigration detainees. In some
instances, the detainees’ reports were compatible with statements made by facility personnel
and/or our observations. In such cases, the delegation was able to more accurately determine
whether LPTF’s policy and procedures successfully meet the Standards. However, in certain
instances, the detainees’ reports conflicted with statements made by facility personnel. Where
we were unable to verify the conflicting reports, the delegation was unable to conclusively
determine whether the Standards are met.
B.

General Information About the Lerdo Pre-Trial Facility

The Lerdo Pre-Trial Facility houses federal immigration detainees according to an
intergovernmental service agreement (“IGSA”) with ICE. ICE pays LPTF a per diem of $68 per
detainee.3 According to the LPTF personnel, the facility has a capacity to hold approximately
244 detainees, and at the time of our visit, there were approximately 198 federal detainees.4
LPTF contains 6 units, each with 7 pods that hold 32 inmates each.5 There is a separate unit for
Administratively Segregated inmates.6
During our visit, we were able to walk through H Pod. It is difficult to say for certain
how many inmates in H Pod are ICE detainees. An interview with a detainee suggested that
some county prisoners are mixed in with the federal detainees.7 Detained women, who
numbered 22 at the time of our visit, are housed in B Pod.8 Supervisor (b)(6), (b)(7)c told the

3

Notes of delegation member
Notes of delegation member
5
Notes of delegation member
6
Notes of delegation member
7
Notes of delegation member
8
Notes of delegation member
4

(b)(6)

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

on conversation with Supervisor
(b)(6), (b)(7)c
on conversation with Supervisor
on conversation with Senior Deputy (b)(6), (b)(7)c
conversation with Senior Deputy
on conversation with anonymous detainee.
conversation with Supervisor (b)(6), (b)(7)c

2
LA\1628478.2

delegation that the facility housed immigration detainees from many different countries,
including Mexico, Honduras, Guatemala, as well as several countries in Southeast Asia.9
Although the Lerdo Facility is a pre-trial facility, all ICE detainees at the facility are
“final order” cases, meaning that judgment has been entered in their cases and they are being
detained pending appeal, petition for review, or expiration of the 90-day removal period.10
According to Supervisor (b)(6), (b)(7)c , the national average length of stay in ICE detention is around
fifteen or sixteen days, but the actual stay depends on how difficult it is to obtain travel
documents, whether the detainee has a criminal record, and myriad other factors.11 One detainee
stated that he had been in custody for five months, and another stated he had been in ICE
detention for fourteen months.12 It is unknown if the length of detention for these detainees is
based on a pending appeal or petition.
III. LEGAL ACCESS STANDARDS
A. Legal Access/Visitation
1. Visitation by Attorneys
The Standards suggest that facilities permit legal visitation seven days per week.13
Attorneys should have access to their clients eight hours per day during the week and four hours
per day during the weekend.14 The visits must be private, and should not be interrupted for head
counts.15
LPTF meets this section of the Standards. Attorneys may visit the detainees seven
days per week.16 The Inmate Orientation pamphlet states that “Attorneys and their
representatives shall have unlimited visitation. Every effort will be made to allow Attorney
visits at any time and in a timely manner.”17
A detainee is allowed to continue an attorney visit through a meal or recreation time.18 If
a detainee misses a meal because of an attorney visit, the meal is left for the detainee in the
pod.19 If a detainee misses recreation time, he/she can join the next group that goes out.20
The visitor area for H Pod has approximately two attorney visitation booths.21 There is
one contact booth and one that is paper pass through only.22 LPTF staff can not listen in on
9

Notes of delegation member
on conversation with Supervisor
(b)(6)
Notes of delegation member
, on conversation with Supervi (b)(6), (b)(7)c
(b)(6)
11
(b)(6)
Notes of delegation member
on conversation with Supervisor
12
(b)(6)
Notes of delegation member
, on conversation with detainee
; notes of delegation
(b)(6)
(b)(6)
member
, on conversation with detainee
b6
13
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
14
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
15
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.9.
16
Notes of delegation
on conversation with Senior Deputy (b)(6), (b)(7)c
(b)(6)
17
Inmate Orientation pamphlet, “Access to Counsel.”
18
Notes of delegation member
on conversation with Senior Deputy
19
Notes of delegation member
on conversation with Senior Deputy (b)(6), (b)(7)c
(b)(6)
20
Notes of delegation member
on conversation with Senior Deputy
10

3
LA\1628478.2

attorney visits, but will visually monitor them.23 Inmates are not strip searched after attorney
visits.24 However, if the detainee travels off-site for any reason, he or she will be strip searched
upon re-entry at the facility.25
2. Visitation by Family and Friends
The Standards suggest that facilities establish written visitation hours and procedures, and
make them available to the public.26 This includes procedures for handling incoming money for
detainees.27 The visiting area is to be “appropriately furnished and arranged, and as comfortable
and pleasant as practicable.”28 Visiting hours shall be set on Saturdays, Sundays, and holidays,
and the Standards encourage facilities to accommodate visitors at other times when they are
facing a particular hardship.29 Visits should be at least 30 minutes long and longer when
possible.30 If a facility does not provide for visits from minors, ICE should arrange for visits
with children or stepchildren within the detainee’s first 30 days at the facility, with continuing
monthly visits.31 Visits should be granted to detainees in both disciplinary and administrative
segregation unless a detainee violates the visitation rules or threatens the security of the visitation
room.32
LPTF substantially meets this section of the Standards, although some detainees
may not receive visitors on weekends, and visits may be shorter than 30 minutes on busy
days. The visitation schedule is included in the Inmate Orientation pamphlet. It provides that
visiting may occur from 12:00 pm to 2:30 pm and from 6:00 pm to 8:30 pm.33 This schedule is
posted in the pod next to the phones.34 Visitation days are allocated according to the first letter
of each detainee’s last name such that each detainee may receive visitors two days per week.35
Some detainees, depending on their names, may not receive visitors on weekends.36 The Inmate
Orientation pamphlet caps the visits at two thirty-minute visits per week.37 According to Senior
Deputy (b)(6), (b)(7)c , LPTF generally confines visits to these hours, but may allow deviations under
extenuating circumstance, such as a visitor from over 100 miles away.38 Although visits last 30

21

Observations of delegation member
(b)(6)
Observations of delegation member
23
Notes of delegation member
on conversation with Senior Deputy
24
Notes of delegation member
on conversation with Senior Deputy
(b)(6)
25
Notes of delegation member
, on conversation with Senior Deputy
26
Detention Operations Manual, Detainee Services, Standard 17, Section III.A & B.
27
Detention Operations Manual, Detainee Services, Standard 17, Section III.D.
28
Detention Operations Manual, Detainee Services, Standard 17, Section III.G.
29
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
30
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
31
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.2.
32
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.5.
33
Inmate Orientation pamphlet, “Visiting.”
34
(b)(6)
Observation of delegation member
35
Inmate Orientation pamphlet, “Visiting.”
36
Inmate Orientation pamphlet, “Visiting.”
37
Inmate Orientation pamphlet, “Visiting.”
38
Notes of delegation member
on conversation with Senior Deputy
(b)(6)
22

4
LA\1628478.2

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

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

minutes, detainees may combine their two thirty minute blocks into an hour visit.39 All visits are
non-contact and can include two adults and 2 children.40 One detainee indicated that while visits
are supposed to last for 30 minutes, he has had visits on busy visitation days cut short.41
Visitors may leave money for a detainee’s commissary account or send money to the
detainee through the mail.42 At the commissary, detainees may purchase stationary supplies and
snacks.43
B. Telephone Access
1. General Requirements
The Standards require that facilities provide detainees with reasonable and equitable
access to telephones during established facility waking hours.44 In order to meet this
requirement, facilities must provide at least one telephone for every 25 detainees.45 The
Standards also require that telephone access rules be provided in writing to each detainee upon
admittance, and that the rules be posted where detainees may easily see them.46
LPTF meets this section of the Standards. The H Pod observed by the delegation had
two phones and the number was approximately one phone per 16 detainees.47 According to the
LPTF Inmate Orientation pamphlet, “Inmates not on disciplinary isolation will be allowed
reasonable access to collect call only telephones.”48 The telephones are accessible as available in
the day room, generally from 7 a.m. to 10 p.m. daily.49
2. Direct Calls and Free Calls
The Standards allow facilities to generally restrict calls to collect calls;50 however, the
facility must permit detainees to make direct calls to the local immigration court and the Board
of Immigration Appeals, federal and local courts, consular officials, legal service providers,
government offices, and to family members in case of emergency.51 The facility shall not
require indigent detainees to pay for these types of calls if local, nor for non-local calls if there is
a compelling need.52 In addition, the facility “shall enable all detainees to make calls to the
39

Inmate Orientation pamphlet, “Visiting”; notes of delegation member
(b)(6)
Deputy (b)(6), (b)(7)c
40
Inmate Orientation pamphlet , “Visiting”; notes of delegation member
Deputy (b)(6), (b)(7)c
41
Notes of delegation member
on conversation with anonymous det
(b)(6)
42
Notes of delegation member
conversation with Senior Deputy
43
(b)(6)
Notes of delegation member
, on conversation with Senior Dep
44
Detention Operations Manual, Detainee Services, Standard 16, Sections I & III.A.
45
Detention Operations Manual, Detainee Services, Standard 16, Section III.C.
46
Detention Operations Manual, Detainee Services, Standard 16, Section III.B.
47
Observation of delegation member
(b)(6)
48
Inmate Orientation pamphlet, “Access to Telephones.”
49
(b)(6)
Notes of delegation member
, on conversation with Senior Deputy
50
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
51
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
52
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.

5
LA\1628478.2

on conversation with Senior
on conversation with Senior

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

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

[ICE]-provided list of free legal service providers and consulates at no charge to the detainee or
the receiving party.”53
It is unclear whether LPTF meets this section of the Standards; several detainees
said LPTF did not provide the list of consulates and legal service providers until the day
before the delegation’s visit, and indigent detainees are unable to make calls free of charge.
The delegation observed a posted sign indicating that a pin number and an alien number are
required to make consular or pro bono legal service provider calls free of charge.54 Delegation
members attempted to use the phones and found them difficult to operate.55 Calling card calls
are charged at a rate of $3.69 for first minute of long distance, $9.90 for 10 minutes, $3.05 for
first minute of local and $3.95 for 10 minutes.56 LPTF does not allow free calls, even in cases of
indigence; detainees must make collect calls.57 One detainee stated that he had difficulty
contacting his attorney because of a lack of money, since all of the calls are either collect calls or
done through a pre-paid calling card purchased at the commissary.58
Two detainees stated that the postings in the pod stating contact numbers for attorneys
and consulates had only been posted on the day of the delegation’s visit, and they had never seen
those materials before.59 A third detainee described his inability to locate a pro bono attorney
because he was required to call collect and many do not accept collect calls.60
3. Telephone Access to Legal Representatives
The Standards provide that the facility shall not restrict the number of calls a detainee
places to his/her legal representatives, nor limit the duration of such calls by automatic cutoff,
unless necessary for security purposes or to maintain orderly and fair access to telephones.61 If
time limits are necessary, they shall be no shorter than 20 minutes.62 The Standards require that
the facility ensure privacy for detainees’ telephone calls regarding legal matters.63
LPTF does not meet this section of the Standards; there are no privacy safeguards,
and call monitoring appears to inhibit legal calls. Detainees are unable to make private legal
telephone calls, because the phones where detainees make outgoing calls are all located in the
public dayrooms with no privacy safeguards.64 The telephones are out in the open, and there are
no partitions.65 According to LPTF personnel, there is a procedure whereby inmates may contact
53

Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
Observation of delegation member
55
Observation of delegation member
(b)(6)
56
Observation of delegation m
57
Notes of delegation member
, on conversation with Senior Deputy (b)(6), (b)(7)c, b7c
58
(b)(6)
Notes of delegation member
on conversation with anonymous detainee.
59
Notes of delegation member
on conversation with anonymous detainee; notes of delegation
(b)(6)
member
, on conversation with anonymous detainee.
60
b6
Notes of delegation member
on interview with detainee (b)(6), (b)(7)c
61
Detention Operations Manual, Detainee Services, Standard 16, Sectio
62
Detention Operations Manual, Detainee Services, Standard 16, Section F.
63
Detention Operations Manual, Detainee Services, Standard 16, Section J.
64
Observation of delegation member
(b)(6)
65
Observation of delegation member
54

6
LA\1628478.2

a chaplain and get access to a private phone if there is a family problem.66 As this procedure is
not included in the Inmate Orientation pamphlet, it is uncertain if detainees know that this is
available. All phone calls made from a pod are recorded, though LPTF personnel state that calls
are only listened to if something happens or they get a tip.67 One detainee expressed concerns
about privacy because everybody knew that all calls, including legal calls, were recorded by the
facility.68
4. Incoming Calls and Messages
The Standards suggest that facilities take and deliver messages from attorneys and
emergency incoming telephone calls to detainees as promptly as possible.69 If the facility
receives an emergency telephone call for a detainee, the Standards suggest that the facility obtain
the caller’s name and number and permit the detainee to return the emergency call as soon as
possible.70
LPTF does not meet this section of the Standards; messages are not accepted at
LPTF.

71

5. Telephone Privileges in Special Management Unit
The Standards provide that detainees in the Special Management Unit (“SMU”) for
disciplinary reasons shall be permitted to make direct and/or free calls, except under compelling
security conditions.72
It is uncertain whether LPTF meets this section of the Standards. The delegation
was unable to visit the Administratively Segregated unit at the facility, but LPTF personnel
stated that there is one telephone in each pod.73
C. Access to Library and Legal Material
All facilities with detainees “shall permit detainees access to a law library, and provide
legal materials, facilities, equipment and document copying privileges, and the opportunity to
prepare legal documents.”74

66

Notes of delegation member
, on conversation with Senior Deputy(b)(6), (b)(7)c, b6,b7c
(b)(6)
Notes of delegation member
, on conversation with Officer
(b)(6), (b)(7)c, b6,b7c
68
Notes of delegation member
on conversation with anonymous detainee.
(b)(6)
69
Detention Operations Manual, Detainee Services, Standard 16, Section III.I.
70
Detention Operations Manual, Detainee Services, Standard 16, Section III.I.
71
(b)(6)
Notes of delegation member
, on conversation with Senior Deputy
(b)(6), (b)(7)c, b6,b7c
72
Detention Operations Manual, Detainee Services, Standard 16, Section III.G.
73
(b)(6)
Notes of delegation member
, on conversation with Officer
(b)(6), (b)(7)c, b6,b7c
74
Detention Operations Manual, Detainee Services, Standard 1, Section I.
67

7
LA\1628478.2

1. Library Access
The Standards suggest that each facility shall have a flexible schedule for law library use
that permits all detainees, regardless of housing or classification, to use the law library on a
regular basis.75 Each detainee shall be permitted to use the law library for a minimum of five
hours per week.76
LPTF appears to meet this section of the Standards; however, there may be some
delay in accessing the library for those in Administrative Segregation. LPTF allows all
inmates access to the law library, including, Administratively Segregated inmates who are
allowed with inmates of their same classification.77 However, the law librarian stated that
Administratively Segregated inmates are only allowed to visit the library one at a time, so they
may end up waiting longer to use the library than other inmates.78 Inmates must submit an
access slip to gain access to the library, and are generally called on a first come first serve basis;
however, pro se inmates receive priority.79
One detainee reported that after submitting a request to visit the law library, it takes
approximately 4 days to gain library access.80
2. Library Conditions
The Standards require that a facility provide a law library with sufficient space to
facilitate detainees’ legal research and writing.81 Furthermore, it must be large enough “to
provide reasonable access to all detainees who request its use. It shall contain a sufficient
number of tables and chairs in a well-lit room, reasonably isolated from noisy areas.”82
LPTF appears to meet this section of the Standards. The law library is well lit, has
ample space, and is well-isolated from noise and foot traffic.83 However, one detainee
complained that the library is generally overcrowded and detainees have little time to use the
materials or computer.84

75

Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
77
Notes of delegation member
on conversation with Senior Deputy (b)(6), (b)(7)c
78
(b)(6)
Notes of delegation member
on conversation with librarian
(b)(6)
79
Notes of delegation member
on conversation with Senior Deputy (b)(6), (b)(7)c
80
Notes of delegation member
on conversation with detainee (b)(6), (b)(7)c
81
Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
82
Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
83
(b)(6)
Observations of delegation member
84
Notes of delegation member
on conversation with anonymous detainee.
(b)(6)
76

8
LA\1628478.2

3. Materials Identified in the Detention Standards
The Standards require that all facility law libraries contain the materials listed in
Attachment A to the chapter on Access to Legal Materials.85 These materials must be updated
regularly, and information must be added on significant regulatory and statutory changes
regarding detention and deportation of aliens in a timely manner.86 Damaged or stolen materials
must be promptly replaced.87
LPTF does not fully meet this section of the Standards. LPTF does not have all of the
materials listed in Attachment A to the chapter on Access to Legal Materials. We noted the
following texts were not in the library.88 We did not see a posted list of the library’s holdings.89
Constitution of the United States of America: Analysis and Interpretation
Immigration Law and Defense, by the National Lawyer’s Guild
Immigration Law and Crimes, by the National Immigration Project of the National Lawyer’s
Guild
Human Rights Watch – World Report
UNHCR Handbook on Procedures and Criteria for Determining Refugee Status
Considerations for Asylum Officers Adjudicating Asylum Claims for Women
Immigration and Naturalization Service Basic Law Manual
Lawyer's Committee Handbook on Representing Asylum Applicants
Rights of Prisoners by Michael B. Mushlin
United States Code, Title 28. Rules Appellate Procedure Pamphlets I+II
Legal Research & Writing: Some Starting Points, 4th ed., by William P. Statsky
Spanish-English Law Dictionary, by Solis
Directory of Nonprofit Agencies that Assist Persons in Immigration Matters
Translation Dictionaries (other than Spanish)
4. Computer Access, Equipment and Holdings
The Standards require that facility law libraries provide an adequate number of
typewriters and/or computers, writing implements, paper, and office supplies to enable detainees
to prepare documents for legal proceedings.90
LPTF substantially meets this section of the Standards; however, the library only
had one functioning computer. LPTF generally has at least two computers available in its law
library.91 However, at the time of our visit, the second computer’s hard drive had been missing
for two months, so only one computer was operable.92 One detainee indicated that there is
85

Detention Operations Manual, Detainee Services, Standard 1, Section III.C.
Detention Operations Manual, Detainee Services, Standard 1, Section III.E.
87
Detention Operations Manual, Detainee Services, Standard 1, Section III.F.
88
Observations of delegation member
(b)(6)
89
Observations of delegation member
90
Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
91
Observation of delegation member
(b)(6)
92
(b)(6)
Observations of delegation member
notes of delegation member
conversation with anonymous detainee.
86

9
LA\1628478.2

(b)(6)

on

usually a wait to use the typewriters and computers in the library, and that each detainee can only
(b)(6)
use a machine for a half hour.93 Delegation member
attempted to use the
94
computer, and it froze after 5 minutes. Further complicating use of the one operating computer
was the fact that there was no mouse, so it was difficult to navigate the pages.95 The delegation
was able to access Lexis Nexis CD on Folio 4 on the computer.96
(b)(6)
Librarian
typewriters and computers.

said that she provides unlimited free paper for notes and for the
Indigent detainees get free stamps and envelopes as needed.98

5. Photocopies
The Standards provide that each facility shall ensure that detainees can obtain
photocopies of legal materials, when such copies are reasonable and necessary for legal
proceedings involving the detainee.99 Enough copies must be provided so that a detainee can
fulfill court procedural rules and retain a copy for his records.100 Facility personnel may not read
a document that on its face is clearly related to a legal proceeding involving the detainee.101
LPTF appears to meet this section of the Standards. According to Librarian (b)(6)
copies in the photocopy machine are ten cents per page, and detainees can make as many copies
as they can afford.102 Pro se inmates can get free copies, but a sign posted on the librarian’s desk
limits pro se detainees to five free copies of legal forms excluding solicitation of attorneys
(unless a court requires more copies), and one copy of each case decision.103 The sign also stated
that an Inmate Services Sergeant must approve all exceptions to the copy rules.104
One detainee indicated that it was easy to make copies in the library and that there was no
limit on the number of copies.105 On one occasion when he was not able to make copies because
the machine did not work, he was told that as soon as it was fixed he could make the copies.106
The same detainee also stated that he had never had a problem keeping legal documents with
him.107

93

(b)(6)
Notes of delegation member
on conversation with anonymous detainee.
Observation of
95
(b)(6)
Observation of
96
Observation of
97
(b)(6)
(b)(6)
Notes of delegation member
on conversation with Librarian
98
(b)(6)
Notes of delegation member
, on conversation with anonymous detainee.
99
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
100
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
101
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
102
Notes of delegation member
, on conversation with Librarian
(b)(6)
(b)(6)
103
Observations of delegation member
(b)(6)
104
Observations of delegation m
105
Notes of delegation member
on conversation with anonymous detainee.
106
(b)(6)
Notes of delegation member
on conversation with anonymous detainee.
107
Notes of delegation member
on conversation with anonymous detainee.

94

10
LA\1628478.2

D. Group Rights Presentations
The Standards provide that facilities holding ICE detainees “shall permit authorized
persons to make presentations to groups of detainees for the purpose of informing them of U.S.
immigration law and procedures, consistent with the security and orderly operation of each
facility.”108 Informational posters are to be prominently displayed in the housing units at least
forty-eight hours in advance of a scheduled presentation.109 While the presentations are open to
all detainees, the facility “may limit the number of detainees at a single session.”110 “The facility
shall select and provide an environment conducive to the presentation, consistent with
security.”111 In addition, detainees shall have regular opportunities to view an “INS-approved
videotaped presentation on legal rights.”112
It is unclear whether LPTF meets this section of the Standards; several detainees
indicated that they had not seen the Know Your Rights video. According to LPTF personnel,
there are no restrictions on group rights presentations.113 However, LPTF personnel informed us
that there have not been any presentations in recent years because no outside group has requested
to make such a presentation.114
LPTF personnel stated that the “Know Your Rights” video is aired on the televisions
inside the facility every morning during “chow time.”115 Two detainees stated that they had
never seen the video played on the television in the H Pod, and that the television was typically
off during meals.116 Another detainee also stated that he had never seen the “Know Your
Rights” video, nor seen the “Know Your Rights” materials in the library.117
IV. OTHER PROVISIONS OF THE ICE DETENTION STANDARDS
A. Correspondence and Other Mail
The Standards require that detainees be allowed to send and receive correspondence in a
timely manner, subject to limitations required for safety, security, and orderly operation of the
facility.118 General correspondence shall normally be opened and inspected for contraband in the
presence of the detainee, but may be opened and even read outside the presence of the detainee if
security reasons exist for doing so.119 Special correspondence—which includes all written
communication to or from attorneys, legal representatives, judges, courts, government officials,
108

Detention Operations Manual, Detainee Services, Standard 9, Section I.
Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
110
Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
111
Detention Operations Manual, Detainee Services, Standard 9, Section III.E.
112
Detention Operations Manual, Detainee Services, Standard 9, Section III.I.
113
Notes of delegation member
, on conversation with Senior Deputy (b)(6), (b)(7)c
(b)(6)
114
Notes of delegation member
, on conversation with Senior De
115
Notes of delegation member
, on conversation with Senior Deputy (b)(6), (b)(7)c
(b)(6)
116
Notes of delegation member
on conversation with detainee (b)(6) notes of delegation member
(b)(6)
on conversation with detainee (b)(6)
117
Notes of delegation member
, on conversation with anonymous detainee.
(b)(6)
118
Detention Operations Manual, Detainee Services, Standard 3, Section I.
119
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
109

11
LA\1628478.2

and the news media—is treated differently.120 Incoming special correspondence can be
inspected for contraband only in the presence of the detainee, but it can never be read or
copied.121 Outgoing special correspondence cannot be opened, inspected, or read.122 The
Standards also require that facilities provide indigent detainees with free envelopes and stamps
for mail related to a legal matter, including correspondence to a legal representative, potential
representative, or any court.123 Finally, the Standards require that facilities notify detainees of
specific information regarding correspondence policies.124
LPTF does not fully meet this section of the Standards; the facility does not notify
detainees of required information regarding correspondence, and two detainees reported
serious mail delays. The only information in the Inmate Orientation pamphlet regarding
correspondence 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.”125 However, these notifications do not provide the following
information as required: 1) “the definition of special correspondence, including instructions on
the proper labeling for special correspondence . . . . [and a] statement that it is the detainee’s
responsibility to inform senders of special mail of the labeling requirement.”; 2) the fact that
detainees may not send or receive packages without advance approved arrangements; 3) the fact
that identity documents, such as passports and birth certificates, are contraband and may be
rejected by the facility; 4) instructions about “how to obtain writing implements, paper, and
envelopes”; and 5) “the procedure for purchasing postage (if any), and the rules for providing
indigent and certain other detainees free postage.”126 Without providing information regarding
the foregoing matters, LPTF fails to meet the notification requirements of this section the
Standards.
The facility opens and searches all non-attorney mail before delivering it to inmates.127
Attorney mail is only opened in front of the detainee.128 One detainee indicated that the timing
for delivery of mail is a problem. For example, he stated that he had once received a letter from
his attorney postmarked on the 13th of the month, two weeks later on the 27th of the month.129
Another stated that mail delays can cause detainees to miss important court deadlines.130

120

Detention Operations Manual, Detainee Services, Standard 3, Sections III.B, E, & F.
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
122
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & F.
123
Detention Operations Manual, Detainee Services, Standard 3, Section III.I.
124
Detention Operations Manual, Detainee Services, Standard 3, Section III.B.
125
Inmate Orientation pamphlet, “Correspondence.”
126
Detention Operations Manual, Detainee Services, Standard 3, Section III.B.
127
Notes of delegation member
on conversation with Senior Deputy
(b)(6)
(b)(6), (b)(7)c
128
Notes of delegation member
on conversation with Senior Deputy
129
(b)(6)
Notes of delegation member
n conversation with anonymous detainee.
130
Notes of delegation member
on conversation with anonymous detainee.
(b)(6)
121

12
LA\1628478.2

B. Detainee Handbook
The Standards require that every Officer in Charge develop a site-specific detainee
handbook to serve as an overview of detention policies, rules, and procedures.131 Every detainee
should receive a copy of the handbook upon admission to the facility.132 The handbook will be
written in English and translated into Spanish and other prevalent languages as appropriate.133
The Officer in Charge will provide a copy of the handbook to every staff member who has
contact with detainees.134
LPTF does not meet this section of the Standards; the Inmate Orientation pamphlet
is written only in English, may not be distributed to all detainees, and lacks a great deal of
important information required for ICE detainees. When the delegation requested a copy of
the detainee handbook, we were provided with the fold-out pamphlet “Lerdo Pre-Trial Facility
Inmate Orientation,” attached hereto. The pamphlet is written only in English and contains
generalized information about the facility. Two detainees did not recall receiving any orientation
information when arriving at the facility.135 As detailed elsewhere in this report, the Inmate
Orientation pamphlet does not include required, important information for ICE detainees
regarding Correspondence, Detainee Classification, Detainee Grievance Procedures, and StaffDetainee Communication.
C. Recreation
The Standards require that all detainees have access to recreational programs and
activities, under conditions of security and safety.136 Detainees should be housed in facilities
with outdoor recreation.137 If a facility only provides indoor recreation, detainees must have
access for at least one hour per day, including exposure to natural light.138 Detainees should
have access to “fixed and movable equipment,” including opportunities for cardiovascular
exercise, and games and television in dayrooms.139
LPTF does not appear to fully meet this section of the Standards; detainees do not
appear to have adequate opportunity for cardiovascular exercise, due in part to the
location of the facility. According to the Inmate Orientation pamphlet, inmates who are “not
under disciplinary isolation and who do not pose a security risk to the facility . . . will be allowed
a minimum of three hours of outdoor exercise and recreation each week . . . .”140 The LPTF is
uniquely situated in that it is located in the desert where temperatures in the summer can reach
131

Detention Operations Manual, Detainee Services, Standard 6, Section I.
Detention Operations Manual, Detainee Services, Standard 6, Section I.
133
Detention Operations Manual, Detainee Services, Standard 6, Section III.E.
134
Detention Operations Manual, Detainee Services, Standard 6, Section III.H.
135
(b)(6), (b)(7)c
Notes of delegation member
on conversation with detainee
notes of delegation
(b)(6)
(b)(6)
member
, on conversation with detainee (b)(6), (b)(7)c.
136
Detention Operations Manual, Detainee Services, Standard 13, Section I.
137
Detention Operations Manual, Detainee Services, Standard 13, Section III.A, which also provides that “all new or
renegotiated contracts and IGSAs will stipulate that INS detainees have access to an outdoor recreation area.”
138
Detention Operations Manual, Detainee Services, Standard 13, Section III.B.
139
Detention Operations Manual, Detainee Services, Standard 13, Section III.G.
140
Kern County Sheriff’s Department Lerdo Pre-Trial Facility: Inmate Orientation pamphlet.
132

13
LA\1628478.2

100 degrees Fahrenheit or more. LPTF offers outdoor recreation; however, facility personnel
acknowledged that detainees do not typically go outdoors because the temperature is too hot.141
One detainee explained that the heat was particularly problematic because detainees are only
given one outfit per week and if they sweat in it, they will have to wear a sweaty, dirty outfit for
the rest of the week.142 This problem is exacerbated by the fact that there is no shade and no
seating in the outdoor area.143 There are two basketball nets, but no other form of fixed
equipment.144
The only indoor recreation room shown to the delegation is the dayroom located in the
center of the H Pod.145 Dayrooms are common rooms for the inmates where they are able to
socialize, watch television, and play board games.146 The pod shown to the delegation provides
detainees with access to natural sunlight either in his individual cell or in his dayroom.147
However, the day room does not provide equipment for muscular or cardiovascular exercise.
D. Access to Medical Care
The Standards require that all detainees have access to medical services that promote
detainee health and general well-being.148 Each facility is required to have regularly scheduled
times, known as sick call, when medical personnel are available to see detainees who have
requested medical services.149 For a facility of over 200 detainees, a minimum of five days per
week is suggested.150 Facilities must also have procedures in place to provide emergency
medical care for detainees who require it.151 With respect to emergency care, the Standards state
that in a situation in which a detention officer is uncertain whether a detainee requires emergency
medical care, the officer should immediately contact a health care provider or an on-duty
supervisor.152 If a detainee is diagnosed as having a medical or psychiatric condition requiring
special attention (e.g., special diet), the medical care provider is required to notify the Officer in
Charge in writing.153
LPTF appears to meet this section of the Standards. Medicines are distributed to
inmates four times a day.154 There are two normal medicine passes and two special medicine
passes. 155 There is a doctor on site in the infirmary five days a week.156 There is also a full-time
141

(b)(6)
Notes of delegation member
on conversation with Senior Deputy (b)(6), (b)(7)c
(b)(6)
Notes on delegation member
, on conversation with anonymous
143
Observation of delegation member
(b)(6)
144
Observation of delegation member
145
(b)(6)
Observations of delegation
146
(b)(6)
Notes of delegation member
, on conversation with Senior Deputy (b)(6), (b)(7)c
147
(b)(6)
Observation of delegation member
148
Detention Operations Manual, Health Services, Standard 2, Section I.
149
Detention Operations Manual, Health Services, Standard 2, Section III.F.
150
Detention Operations Manual, Health Services, Standard 2, Section I.
151
Detention Operations Manual, Health Services, Standard III.A, D, and G.
152
Detention Operations Manual, Health Services, Standard 2, Section III.H.
153
Detention Operations Manual, Health Services, Standard 2, Section III.J.
154
Notes of delegation member
on conversation with Senior Depu
(b)(6)
155
Notes of delegation member
on conversation with Senior Depu (b)(6), (b)(7)c
156
Notes of delegation member
on conversation with Senior Deputy
(b)(6)

142

14
LA\1628478.2

mental health staff available.157 When a detainee indicates that he or she needs medical care,
they fill out a request form and hand it to one of the nurses when they come around to distribute
medicine.158 Patients who are HIV positive are mixed in with the general population and have
access to appropriate medication.159
E. Access to Dental Care
The Standards suggest that detainees have an initial dental screening exam within 14 days
of the detainee’s arrival and require the facility to provide a number of services, including
emergency dental treatment and repair of prosthetic appliances.160 For detainees who are held in
detention for over six months, routine dental treatment may be provided, including amalgam and
composite restorations, prophylaxis, root canals, extractions, x-rays, the repair and adjustment of
prosthetic appliances and other procedures required to maintain the detainee’s health.161
It is unclear if the LPTF meets this section of the Standards. It is unclear if detainees
receive the initial dental screening as suggested under the Standards. If dental care is needed, the
LPTF has a dentist available on site twice a week.162 At least one detainee stated that he was
denied dental care when he complained of a tooth ache and was told that “the county would not
pay for that.”163
F. Detainee Classification System
The Standards require that detention facilities use a classification system and physically
separate detainees in different categories.164 Detainees must be assigned to the least restrictive
housing unit consistent with facility safety and security.165 A detainee’s classification is to be
determined on “objective” criteria, including criminal offenses, escape attempts, institutional
disciplinary history, violent incidents, etc.166 Opinions, unconfirmed and unverified information,
and physical characteristics and appearance are not to be taken into account.167 Classification is
required in order to separate detainees with no or minimal criminal records from inmates with
serious criminal records.168 Detainees with a history of assaultive or combative behavior are not
to be housed with non-assaultive detainees.169
All facility classification systems shall allow classification levels to be re-determined and
include procedures by which new arrivals can appeal their classification levels.170 Finally, the
157

(b)(6)
Notes of delegation member
on conversation with Senior Deput (b)(6), (b)(7)c .
Notes of delegation member
n conversation with Senior Deputy
(b)(6)
159
(b)(6)
Notes of delegation member
on conversation with Senior Deputy (b)(6), (b)(7)c .
160
Detention Operations Manual, Health Services, Standard 2, Section III.E.
161
Detention Operations Manual, Health Services, Standard 2, Section III.E.
162
Notes of delegation member
, on conversation with Senior Deputy (b)(6), (b)(7)c
(b)(6)
163
Notes of delegation member
, on conversation with anonymous deta
(b)(6)
164
Detention Operations Manua
rvices, Standard 4, Section I.
165
Detention Operations Manual, Detainee Services, Standard 4, Section III.F.
166
Detention Operations Manual, Detainee Services, Standard 4, Section III.D.
167
Detention Operations Manual, Detainee Services, Standard 4, Section III.D.
168
Detention Operations Manual, Detainee Services, Standard 4, Sections III.A & E.
169
Detention Operations Manual, Detainee Services, Standard 4, Section III.F.
170
Detention Operations Manual, Detainee Services, Standard 4, Sections III.G & H.

158

15
LA\1628478.2

detainee handbook’s section on classification must include (1) an explanation of the
classification levels, with the conditions and restrictions applicable to each, and (2) the
procedures by which a detainee may appeal his classification.171
LPTF does not fully meet this section of the Standards; the delegation did not
receive any information showing that detainees are given any information about the
procedure for classification or their ability to appeal their classification. All detainees and
inmates are classified when they first arrive at the facility.172 The Inmate Orientation pamphlet
states that inmates must “wear their wristbands at all times” but does not explain the
classification system or appeal procedures.173
Senior Deputy (b)(6), (b)(7)c explained that LPTF divides inmates and detainees into
different categories: white, yellow, red, orange, and blue.174 White wristbands are issued to
general population inmates; over half the inmates are in this category.175 Yellow wristbands are
issued to high profile inmates, such as certain gang members or individuals spotlighted in the
media; yellows do not mix with other groups.176 Red wristbands are issued to inmates who
constitute a security risk; red-classified inmates are generally the ones who have tried to
escape.177 They are able to mix with white wristband inmates.178 Orange bands are issued to
inmates who have committed staff assaults and are unable to mix with other types of inmates.179
Inmates in protective custody are given blue wristbands; they can include sex crime offenders,
“snitches,” transgender or alternative lifestyle inmates, and any inmates who want to be
separated because of fear of other inmates.180 Blue wristband inmates cannot mix with other
types of inmates.181
While LPTF personnel stated that federal detainee pods, like H Pod contain only federal
detainees, at least one detainee stated that fights had broken out due to the mingling of federal
detainees with county inmates.182
G. Detainee Grievance Procedures
The Standards require that every facility develop and implement standard procedures for
handling detainee grievances and encourage that the facility initially seek to resolve grievances
informally before having to engage in a more formalized procedure.183 The Standards also
171

Detention Operations Manual, Detainee Services, Standard 4, Section III.I.
Notes of delegation member
on conversation with Senior Deputy (b)(6), (b)(7)c
(b)(6)
173
Inmate Orientation pamphle
174
Notes of delegation member
on conversation with Senior Deputy
175
Notes of delegation member
on conversation with Senior Deputy
176
Notes of delegation member
on conversation with Senior Deputy
177
Notes of delegation member
on conversation with Senior Deputy
(b)(6)
(b)(6), (b)(7)c
178
Notes of delegation member
on conversation with Senior Deputy
179
Notes of delegation member
on conversation with Senior Deputy
180
Notes of delegation member
on conversation with Senior Deputy
181
Notes of delegation member
on conversation with Senior Deputy
182
Notes of delegation member
on
conversation with Senior Deputy (b)(6), (b)(7)c
ith anonymous
(b)(6)
detainee.
183
Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.A.
172

16
LA\1628478.2

require that each facility establish a reasonable time limit for: (1) “processing, investigating, and
responding to grievances;” (2) “convening a grievance committee to review formal complaints;”
and (3) “providing written responses to detainees who filed formal grievances, including the
basis for the decision.”184 All grievances must receive supervisory review, include guarantees
against reprisal, and allow for appeals.185 The detainee handbook must provide notice of several
things, including the procedures for contacting ICE to appeal a decision, and the policy
prohibiting staff from harassing, punishing, or otherwise retaliating against a detainee for filing a
grievance.186
LPTF substantially meets this section of the Standards, but some concerns remain
including providing assurances that there will be no retaliation for filing a grievance, and
the Inmate Orientation pamphlet lacks important information. The Inmate Orientation
pamphlet states: “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. … All written grievances will be responded to within 7
days, if possible. 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….”187 There is no
mention in the Inmate Orientation pamphlet about a grievance committee, or opportunities to
contact ICE to appeal the decision, or the policy prohibiting staff from retaliating against
detainees for filing a grievance.
One detainee stated that some grievances were not handled appropriately.188 For
example, he told us that a non-violent detainee who was at the facility for not having the proper
paperwork was mixed in with violent detainees. After he was beaten by a gang inside, the nonviolent detainee requested to be moved and was “thrown into the hole.” The same detainee told
the delegation that he would not file a grievance as doing so would result in being put in the
“hole.”189 Another detainee stated that denial of medication had been used as retaliation for
filing a grievance.190
H. Staff-Detainee Communication
The Standards require that procedures be in place “to allow for formal and informal
contact between key facility staff and ICE staff and ICE detainees and to permit detainees to
make written requests to ICE staff and receive an answer in an acceptable time frame.”191 The
Standards also require that “[t]he handbook shall state that the detainee has the opportunity to
submit written questions, requests, or concerns to ICE staff and the procedures for doing so.”192

184

Detention Operations Manual, Detainee Services, Standard 5, Section I.
Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.C & D.
186
Detention Operations Manual, Detainee Services, Standard 5, Section III.G.
187
Inmate Orientation pamphlet, “Inmate Grievance Procedures.”
188
Notes of delegation member
on conversation with anonymous detainee.
(b)(6)
189
Notes of delegation member
on conversation with anonymous detainee.
190
Notes of delegation member
on conversation with anonymous detainee.
(b)(6)
191
Detention Operations Manual, Detainee Services, Standard 15, Section I.
192
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.
185

17
LA\1628478.2

LPTF does not meet this section of the Standards; the Inmate Orientation pamphlet
contains no information specifically directed toward ICE detainees, including information
about communicating with ICE staff.193
I. Religious Practices
The Standards require that detainees of different religious beliefs be provided with
reasonable and equitable opportunities to participate in the practices of their respective faiths.194
According to the Standards, these “opportunities will exist for all equally, regardless of the
number of practitioners of a given religion, whether the religion is ‘mainstream,’ whether the
religion is ‘Western’ or ‘Eastern,’ or other such factors. Opportunities will be constrained only
by concerns about safety, security, the orderly operation of the facility, or extraordinary costs
associated with a specific practice.”195 Moreover, a facility’s staff shall make “all reasonable
efforts to accommodate” special food services required by a detainee’s particular religion.196
Detainees in confinement must also be permitted to participate in religious practices, consistent
with the safety, security, and orderly operation of the facility.197
It is unclear whether LPTF meets this section of the Standards; facility staff stated
they make religious accommodations, but a detainee indicated he has been unable to
practice his religion. It is unclear whether LPTF is providing “reasonable and equitable
opportunities to participate in the practices of their respective faiths.” The Inmate Orientation
pamphlet states that “headgear will not be allowed unless specifically authorized by staff.” It is
unknown if staff ever authorizes headgear. LPTF told the delegation that religious headgear is
not permitted and that they have had problems with some inmates trying to fashion such
headgear by tearing their pants or sheets.198 Additionally, prayer rugs are not permitted in the
cells.199 There is a non-denominational church service held on Sundays.200 LTPF personnel
indicated that other religious leaders in the area could come by as needed.201 Attendance of the
church services is limited to inmates classified as general population or protective custody.202
One detainee stated that if prayer time conflicted with medication time, one must pick
prayer or medication.203 He further indicated that if medication is missed due to prayer, the
personnel will not then bring the medication when asked for. In terms of dietary
accommodation, the same detainee stated that he did not ask for meals appropriate to Muslim
dietary restrictions because he knew some who had asked and had been denied.204

193

Inmate Orientation pamphlet.
Detention Operations Manual, Detainee Services, Standard 14, Section I.
195
Detention Operations Manual, Detainee Services, Standard 14, Section I.
196
Detention Operations Manual, Detainee Services, Standard 14, Section III.M.
197
Detention Operations Manual, Detainee Services, Standard 14, Section III.O.
198
Notes of delegation member
, on conservation with Senior Deputy (b)(6), (b)(7)c
(b)(6)
199
Notes of delegation member
, on conversation with Senior Deputy
(b)(6)
(b)(6), (b)(7)c
200
Notes of delegation member
on conversation with Senior Deputy
201
(b)(6)
Notes of delegation member
on conversation with Super (b)(6), (b)(7)c
202
Notes of delegation member
on conversation with Officer
(b)(6)
203
Notes of delegation member
n conversation with anonymous detainee.
(b)(6)
204
Notes of delegation member
, on conversation with anonymous detainee.
194

18
LA\1628478.2

J. Detainee Transfer
When transferring a detainee, the Standards require ICE to take into consideration
whether a detainee is represented before the immigration court, and the location of the attorney
and the court.205 The Standards require ICE to notify a detainee’s legal representative of record
that the detainee is being transferred.206 Indigent detainees will be permitted to make a single
domestic telephone call at government expense upon arrival at their final destination; nonindigent detainees will be permitted to make telephone calls at their own expense.207 Records
including the detainee’s Alien File (“A-file”) and transfer summary must accompany the
detainee.208 Prior to transfer, medical personnel must provide the transporting officers with
instructions and any applicable medications for the detainee’s care; medications must be turned
over to an officer at the receiving field office.209 A detainee’s legal materials, cash, and small
valuables shall always accompany the detainee to the receiving facility; larger items may be
shipped.210
LPTF appears to meet this section of the Standards. LPTF personnel indicated that
detainees’ attorneys are notified when their clients are transferred.211 When detainees are
transferred, they are transferred with abbreviated medical histories including all of their medical
information on file.212 With regard to the single call allowed upon arrival at LPTF, the detainees
generally appear to be limited to making collect or calling card calls.213 One detainee stated that
he had not been given a free phone call when he arrived at the facility, and had to wait until the
first commissary visit to buy a phone card to finally make his call.214 However, another detainee
who had been transferred from Yuba stated that he had been given one call upon his arrival.215
V. CONCLUSION
The Lerdo Pre-Trial Facility meets many sections of the ICE Detention Standards but
fails to meet a number of sections.
LPTF should ensure that all detainees may have family visitors on weekends, on a
rotating basis if necessary to accommodate all detainees.
LPTF should not record or monitor, in any matter whatsoever, legal phone calls (absent a
court order), and if regular phone calls are monitored, LPTF should provide detainees with the
procedure for obtaining an unmonitored call for legal purposes. Further, a posting near detainee
telephones should provide a list of free pre-programmed numbers to all consulates, as well as
205

Detention Operations Manual, Detainee Security and Control, Standard 4, Section I.
Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.A.
207
Detention Operations Manual, Detainee Security and Control, Standard 4, Sections III.G.
208
Detention Operations Manual, Detainee Security and Control, Standard 4, Sections III.D.1 and III.D.6.
209
Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.D.D [sic].
210
Detention Operations Manual, Detainee Security and Control, Standard 4, Sections III.E.
211
Notes of delegation member
on conversation with Supervisor
.
212
Notes of delegation member
on conversation with Supervisor (b)(6), (b)(7)c.
(b)(6)
213
Notes of delegation member
on conversation with Supervisor
.
214
Notes of delegation member
, on conversation with anonymous detainee.
(b)(6)
215
Notes of delegation member
on conversation with detainee (b)(6), (b)(7)c
(b)(6)
206

19
LA\1628478.2

relevant courts, immigration offices, and all free legal service providers on the ICE-approved list.
While these numbers were posted at the time of our visit, all detainees interviewed stated that
they had been posted immediately prior to our visit. Reflecting the needs of the multinational
immigrant jail population, instructions regarding the use of the phone system need to be in
different languages.
To support the detainees’ access to legal materials and legal representation, LPTF should
ensure adequate library and computer access. In addition, LPTF should provide access to all of
the legal materials listed the Standards in their law library.
LPTF should provide some sort of shade, seating, and recreational equipment to promote
outdoor recreation. Giving detainees the option to sit outside on the ground in 100° heat without
any shade is the functional equivalent of denying outdoor recreation.
LPTF and ICE should create a detainee handbook or include appropriate information in
its orientation pamphlet relating to rights and responsibilities of ICE detainees.

20
LA\1628478.2

(b)(6)

(b)(6)

Facility Name: LERDO PRE-TRIAL FACILITY, KERN COUNTY, CA
Date of Tour: August 1, 2006
Tour Participants: Latham & Watkins LLP attorneys and summer associates

and

*Standards are Detainee Services Standards unless otherwise indicated. Standards excerpts are typed verbatim. Issues are generally listed in their order from the Report.
Report comments in bold are priority issues for ICE-ABA discussion.

1.

4.

6.

Standard 17, Visitation
ƒ I. To maintain detainee morale and family relationships,
[ICE] encourages visits from family and friends.
Standard 16, Telephone Access
ƒ III.E. The facility shall not require indigent detainees
to pay for [legal, court-related, consular, emergency
calls] if they are local calls, nor for non-local calls if
there is a compelling need. The facility shall enable all
detainees to make calls to the INS-provided list of free
legal service providers and consulates ….
Standard 16, Telephone Access
ƒ III.I. The facility shall take and deliver telephone
messages to detainees as promptly as possible.
Standard 16, Telephone Access
ƒ III.J. The facility shall ensure privacy 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.
Standard 1, Access to Legal Material
ƒ III.B. Equipment. The law library shall provide an
adequate number of … computers … to enable
detainees to prepare documents for legal proceedings.
Standard 1, Access to Legal Material
ƒ III.C. The law library shall contain the materials listed
in Attachment A.

ƒ

Some detainees, depending on their names, may not
receive visitors on weekends. (p.4 ¶3)

Inmate Orientation
pamphlet

ƒ

LPTF does not allow free calls, aside from preprogrammed calls. (p.6 ¶2)
Detainees said LPTF did not provide the list of
free legal service providers and consulates until
the day before the delegation’s visit, and that
they had never used those materials before. (p.6
¶2)
LPTF does not accept telephone messages. (p.7
¶3)

Senior Deputy

ƒ

Detainees are unable to make private legal calls,
as telephones are located in public dayrooms.
Apparently there is a procedure to request a
private phone if there is a family problem, but it
is unclear whether detainees are aware of this
option. (p.7 ¶1)

Delegation
observations;
Senior Deputy

ƒ

The library only had one functioning computer
at the time of the delegation’s visit; the second
computer’s hard drive had been missing for 2
months. (p.9 ¶5)
Many of the materials listed in Attachment A
were not available in the library [at least in hard
copy]. (p.9 ¶3)

Delegation
observations;
anonymous
detainee
Delegation
observations

ƒ

ƒ

ƒ

ABA Commission on Immigration - Detention Standards Implementation Initiative

ICE Response

detainees

Senior Deputy

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

5.

Source

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

3.

Delegation Report

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

2.

ICE Standard*

6/13/2007

1

8.

9.

Standard 9, Group Presentations on Legal Rights
ƒ III.I. Videotaped presentations. The facility shall play
[ICE]-approved videotaped presentations on legal
rights, at the request of outside organizations. … The
facility shall provide regular opportunities for
detainees in the general population to view the
videotape.
Standard 3, Correspondence and Other Mail
ƒ I. All facilities will ensure that detainees send and
receive correspondence in a timely manner.
ƒ III.C. Incoming correspondence shall be distributed to
detainees within 24 hours of receipt by the facility ….
Standard 3, Correspondence and Other Mail
ƒ III.B. The facility shall notify detainees of its policy in
correspondence and other mail through the detainee
handbook or equivalent … [and] shall specify: 4. That
[incoming] special correspondence may only be opened
in the detainee’s presence, and may be inspected for
contraband, but not read; … 5. The definition of
special correspondence, including instructions on the
proper labeling for special correspondence, without
which it will not be treated as special mail. … 7. A
description of mail which may be rejected by the
facility …. 8. How to obtain writing implements,
paper, and envelopes; and 9. The procedure for
purchasing postage (if any), and the rules for
providing indigent and certain other detainees free
postage ….

ƒ

LPTF staff stated that a “Know Your Rights”
video is shown on televisions every morning
during “chow time.” However, several detainees
stated that they had never seen the Know Your
Rights video shown in their pod, or at all. (p.11
¶3)

ƒ

Two detainees reported serious mail delays; one
said mail delays can cause detainees to miss
important court deadlines. (p.12 ¶3)

ƒ

The Inmate Orientation pamphlet does not
include any of this required information,
including the definition of special
correspondence and how it should be labeled.
(p.12 ¶2)

ABA Commission on Immigration - Detention Standards Implementation Initiative

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

7.

Senior Deputy

and
anonymous
detainee
Anonymous
detainees

Inmate
Orientation
pamphlet

6/13/2007

2

10. Standard 6, Detainee Handbook
ƒ I. Every OIC will develop a site-specific detainee
handbook to serve as an overview of … the detention
policies, rules, and procedures in effect at the facility.
The handbook will also describe the services,
programs, and opportunities available ….
ƒ III.E. The handbook will be written in English and
translated into Spanish and, if appropriate, into the
next most prevalent language(s) among the facility’s
detainees.
Standard 5, Detainee Grievance Procedures
ƒ III.G. Detainee Handbook. … The grievance section
of the detainee handbook will provide notice of the
following: … 2. the procedures for filing a grievance
and appeal …
Standard 15, Staff-Detainee Communication
ƒ III.B.3. Detainee Handbook. … The handbook shall
state that the detainee has the opportunity to submit
written questions, requests, or concerns to ICE staff
and the procedures for doing so ….
11. Standard 4, Detainee Classification System
ƒ III.I. The detainee handbook’s section on classification
will include the following: 1. An explanation of the
classification levels with the conditions and restrictions
applicable to each. 2. The procedures by which a detainee
may appeal his/her classification.
12. Standard 5, Detainee Grievance Procedures
ƒ III.D. Retaliation. Staff will not harass, discipline,
punish, or otherwise retaliate against a detainee
lodging a complaint.

ƒ

13. Standard 5, Detainee Grievance Procedures
ƒ III.G. Detainee Handbook. … The grievance section of the
detainee handbook will provide notice of the following:
… 4. The procedures for contacting the [ICE] to appeal
the decision of the OIC of a CDF or an IGSA facility. 5.
The policy prohibiting staff from harassing, disciplining,
punishing or otherwise retaliating against any detainee for
filing a grievance.

ƒ

The Inmate Orientation pamphlet lacks a great
deal of important information required to be
included for ICE detainees, including
information on correspondence, classification,
grievance procedures, and ICE staff-detainee
communication. (p.13 ¶2)
The Inmate Orientation pamphlet is only
available in English. (p.13 ¶2)
Two detainees did not recall receiving any
orientation information upon arrival at the
facility. (p.13 ¶2)

Inmate
Orientation
pamphlet

ƒ

The Inmate Orientation pamphlet does not explain
classification procedures or detainees’ ability to
appeal their classification. (p.16 ¶2)

Inmate Orientation
pamphlet

ƒ

Two detainees expressed concern about
retaliation against detainees who complain. One
said that a detainee was “thrown into the hole”
when he requested to be moved after he was
beaten by a gang. Another detainee said denial of
medication had been used as retaliation for filing
a grievance. (p.17 ¶3)
The Inmate Orientation pamphlet does not include
information regarding procedures for contacting
ICE to appeal a decision, or a policy prohibiting
retaliation for filing a grievance. (p.17 ¶2)

Anonymous
detainees

ƒ
ƒ

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

ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainees

Inmate Orientation
pamphlet

6/13/2007

3

14. Standard 15, Staff-Detainee Communication.
ƒ III.B.3. The handbook shall state that the detainee has
the opportunity to submit written questions, requests,
or concerns to ICE staff and the procedures for doing
so.

ƒ

The Inmate Orientation pamphlet does not
include information about ICE staff-detainee
communication. (p.18 ¶1)

Inmate
Orientation
pamphlet

II

ABA Commission on Immigration - Detention Standards Implementation Initiative

6/13/2007

4