Draft 9/30/02

Memorandum
To:

Anthony S. Tangeman
Deputy Executive Associate Commissioner
Office of Detention and Removal
Immigration and Naturalization Service

From:

Arnold & Porter

Date:

September 30, 2002

Re:

Compliance with Detention Standards at
INS Mira Loma Detention Center, Lancaster, California

On June 10, 2002, a delegation of three lawyers and three summer law clerks from our
Los Angeles and Century City offices visited the Immigration and Naturalization Service
(INS) Mira Loma Detention Center in Lancaster, California. 1 We met with members of
both the facility’s INS staff and the Los Angeles County Sheriff’s Department, which
operates the facility for INS. We toured the facility and interviewed 19 detainees, all of
whom spoke with us in response to an announcement and request for volunteers made by
b6, b7C
the INS staff a few days prior to our visit. 2 Mr.
(INS officer in charge) and
Deputy b6, b7C
(of the Sheriff’s Department) led the tour and answered most of our
questions. INS Lieutenant b6, b7C and Sheriff’s Deputy b6, b7C , who were also
present during our visit, answered others. The purpose of our visit was to evaluate the
facility's compliance with the INS Detention Standards, particularly those concerning
living conditions and access to visitors, attorneys and legal materials. We appreciated the
staff’s courtesy, professionalism and willingness to answer our questions. This
memorandum contains our impressions and evaluation.

1

Our team consisted of
b6
b6
(UCLA ’03, summer clerk),
(UCLA ’03, summer clerk).
b6

(associate),
(partner),

b6
b6

b6
(associate),
(Harvard ’03, summer clerk) and

2

Efforts to identify potential interviewees through contacts with local immigration lawyers proved almost
entirely unsuccessful. Very few local attorneys represented any individuals detained at the Mira Loma
facility, and the few detainees who had agreed in advance to speak with us were deported prior to our visit.

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EXECUTIVE SUMMARY
Both the INS and Sheriff’s Department staff with whom we spoke appeared familiar with
the Detention Standards and have made substantial efforts to comply. In general, the
facility seems clean, safe, secure and well-managed. There does not appear to be any
problems with visits from attorneys or families. The detainees enjoy considerable
freedom to move about in the immediate vicinity of their barracks. Access to telephones
and the library appears adequate. Food service also appears adequate.
However, interviews and observations gave rise to the following concerns:
•

Detainees may not receive the Detainee Handbook upon arrival.

•

Detainees are not paid for the work that they perform (although working detainees do
receive other benefits, such as extended family visits, special meals and the use of a
big screen television in their barracks).

•

Detainees may not receive adequate “yard time.” (Yard time is reportedly lost waiting
in lines to make purchases from the store, retrieving money from the cashier or in
trades with religious or other activities.)

•

A number of detainees said that they were not kept apprised of the status of their
deportation proceedings.

•

There are presently no groups rights presentations at the facility.

•

Some detainees complained that medical conditions do not always receive prompt,
appropriate attention.

Overall, we believe that the Mira Loma facility is run in a very professional manner and
that both the INS and Sheriff’s Department staff are making a sincere effort to comply
with the Detention Standards and operate a clean, humane and secure facility. Some of
the inconsistencies between Mira Loma procedures and the Standards appear to be minor
differences between the Standards and the Sheriff’s Department’s standard procedures for
jails and other correction facilities. Nonetheless, we believe there is some room for
improvement in these conditions and others discussed below.
INS DETENTION STANDARDS
The INS issued the INS Detention Standards (“Standards”) contained in the Detention
Operation Manual in November 2000 to ensure the “safe, secure and humane treatment of

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individuals detained by the INS.” The thirty-six Standards cover a broad spectrum of
issues ranging from visitation policies to grievance procedures and food service. The
Standards constitute a “floor,” not a “ceiling,” for treatment of INS detainees. In other
words, they are meant to establish minimum requirements.
This memorandum evaluates the Mira Loma Detention Center’s compliance with the
Standards. We emphasize Standards where compliance is of particular importance to
achievement of the Standards’ stated goal: “safe, secure and humane treatment” of INS
detainees. In particular, we focus on compliance with the following Standards:
(1) Visitation; (2) Telephone Access; (3) Legal Materials; (4) Group Rights
Presentations; (5) Recreation Issues; (6) Classes; (7) Medical Issues; and (8) Religious
Issues.
STANDARDS COMPLIANCE REVIEW
1. GENERAL INFORMATION

1.1.

The Facility

The Mira Loma facility is located in Southern California’s high desert, which is
approximately eighty miles north of Los Angeles. It is near the edge of Lancaster, which
is adjacent to a California state prison, and close to a county hospital.
The site of the detention facility and the prison served as a flight training base during
World War II. The prison and the INS facility are physically and operationally separate.
After the War, the Sheriff’s Department intermittently operated a jail at the site, until
final closure for budgetary reasons in 1993. After the Sheriff’s Department entered into a
contract with the INS, the facility re-opened in 1997 to house INS detainees awaiting
deportation.
The INS facility’s barracks-style housing and expansive campus have a military
appearance. A chain-link fence approximately twenty feet high, topped with razor wire
surrounds the facility. Similar fences surround some of the buildings within the
compound. A handful of guard towers stand along the perimeter. Our delegation entered
through a gate at the foot of one of the guard towers.
The facility consists of approximately thirty separate buildings. Just inside the gate are:
(1) an administrative building; (2) the Immigration Court (with holding cells, offices for
asylum officers and three courtrooms); and (3) a central building with the main guard
desk, a visiting room and offices for INS staff counsel. Beside the central building is a
motor pool, where vans and two buses were parked. Behind the central building, in the
northeastern portion of the facility, stand various service buildings, including those that
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house the mess hall, infirmary, library, chapel, classroom and laundry. There are a
number of open spaces between buildings.
Most of the buildings date from the mid-1980’s, but a few (including the mess hall and
kitchen) are decades older. Apart from the guard towers, all buildings at the facility
consist of a single story. All buildings in use appeared clean and well-maintained. The
buildings all had effective air conditioning. (Our visit took place on an early summer
day, with afternoon temperatures in the mid-90’s.)
To the right of the central building, on the southerly portion of the property, are the
recreation area (described below), another building for INS staff (where detainees may
inquire concerning the status of their cases, using a computer or an 800 number), a
recreation building and the barracks.
We began our visit by entering the facility’s central building and small reception area,
where we provided identification and obtained visitors’ badges. The Sheriff’s
Department officer who manned the booth was frequently interrupted while attempting to
have us sign in, and members of our delegation had to move out of the way of staff as
they came and went through the control room area. The facility’s sole attorney meeting
room is located immediately off of the control room/reception area.
After meeting Mr. b6, b7C in the reception area, our delegation was escorted to the adjacent
building that houses the INS administrative offices, where we met with Messrs. b6, b7C
b6, b7C
b6, b7C
and b6, b7C for approximately two hours. After that initial interview,
we were given a tour of the facility, during which time we continued to ask questions of
Messrs. b6, b7C b6, b7C , b6, b7C and b6, b7C
as well as other staff and a handful of
detainees whom we encountered during the tour.
The detainees are housed in approximately twenty rectangular barracks-style buildings.
The barracks are grouped in pairs and threes, with each group surrounded by a locked,
chain-link fence. The fences are sufficiently far away from the buildings, however, that
detainees have room to congregate outside of their respective buildings but within their
respective perimeters. Detainees are permitted to go outside into the area within the
perimeter of their barracks between daybreak and 10:00 p.m. Indeed, during our visit,
many detainees were milling about or socializing outside of their barracks. Each of the
barracks had open paved areas in front and grassy areas to the rear. On the paved areas,
there are banks of four telephones. Our delegation tested a few of these telephones, and
they appeared to be in working order.
During our visit, we were permitted to enter two of the barracks. Each barracks houses
approximately 60 detainees. The barracks contain steel bunks with thin mattresses. On
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the walls between the bunks are metal lockers in which the detainees keep personal
effects. In the center of each barracks, there are a few steel shower stalls and open toilets.
Each barracks also has two 27-inch color televisions, with satellite service. At the rear of
each barracks, there are four telephones and a small office for use by Sheriff’s
Department staff. Immediately outside the door of the offices, there are “Complaint”
forms for detainee use, together with a box where completed forms may be returned.
The Sheriff’s staff at Mira Loma consists of approximately 250-300 employees. The INS
staff totals twenty-four. Each enclosed barracks is staffed by one deputy and two
“custody assistants” (unsworn full-time employees of the Sheriff). Officers within the
living and working areas are unarmed.

1.2.

Detainee Handbook

The Standards require that each facility “develop a site-specific detainee handbook to
serve as an overview of, and guide to, the detention policies, rules, and procedures in
effect at the facility. The handbook is to describe the services, programs, and
opportunities available through various sources including the facility.” 3 The handbook is
supposed to be a comprehensive guide to life in the facility.4 Handbooks are intended to
give detainees notice of all applicable rules, policies, and privileges of the facility. 5 We
received an English copy of Mira Loma’s manual, which appeared well-organized and
reasonably complete. We were told that the handbook is also available in Spanish,
Chinese, Arabic and Sri Lankan.
According to INS personnel we interviewed, arriving detainees should receive a copy of
the handbook, presumably in their native language, if possible. However, compliance
with this standard appears to be one of the biggest failures that our team observed while
at Mira Loma. Only one of the nineteen detainees that we interviewed at the end of our
visit believed he had received a copy of the handbook in any language. Some detainees
reported that facility personnel orally informed them of the rules at Mira Loma. 6 During
a brief conversation with Deputy b6, b7C immediately before to our departure, we advised
him that detainees did not appear to be receiving the handbook upon arrival. Deputy
b6, b7C
seemed legitimately surprised and concerned, noting the considerable time and
effort that went in to preparing and translating the handbook. He said he would look into
the matter.
3
4
5
6

Standards, Ch. 19: Detainee Handbook, Sec. I.
Id. at III.
Id.
Interview Memorandum by

b6

(June 26, 2002), pp. 1 and 10.

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1.3.

Detainee Population

According to Deputy b6, b7C the maximum capacity of the detention facility is 1300, but
the population was only 892 on the day of our visit. Of that number, approximately 350
were from Mexico, 250 from China and the balance from other places throughout the
world. Whenever it is possible, detainees are assigned to barracks with other detainees of
the same ethnicity or from the same region of the world. The staff informed us that
Chinese and Latino detainees are separated in order to prevent friction, and some Sri
Lankans are also separated. All detainees at Mira Loma are healthy adult males. Officer
b6, b7C and Deputy b6, b7C described Mira Loma as a “wellness facility,” meaning that no
one with a known serious illness (such as HIV) is detained there. Detainees with
psychiatric problems are either not sent to Mira Loma, or are referred elsewhere.
Approximately two-thirds of the detainees are convicted criminals, and most of the
remainder are asylum applicants awaiting “credible fear” determinations. According to
Officer b6, b7C most detainees are at Mira Loma for only about two weeks before being
deported. We were told, however, that detainees from Vietnam, Laos, Cambodia and
Cuba may remain longer, but should generally be released within 90 days. Many of the
detainees interviewed by our team had been there for several months, primarily because
they were appealing deportation orders.

1.4.

Overall Environment

Our team observed what appeared to be a fairly relaxed atmosphere. Ordinarily, one
should not, perhaps, read too much into manners, tone of voice or mannerisms during a
brief visit, on a pleasant day, however there was little of the sense of stress, tedium or
sullen resentment one expects in a place of confinement. This may be explained by the
relatively pleasant conditions at the Mira Loma facility. The barracks are decent;
detainees may go outside at will during the day; recreational facilities are good; and the
climate is generally pleasant, 7 without the city’s noise or pollution.
A number of detainees said they felt safe at Mira Loma, and none expressed fear of other
detainees or the guards. 8 As some detainees remarked, most of the individuals held at
Mira Loma appear to just try to do their time and keep out of trouble. 9 We heard no
7

A word about climate. Lancaster is in the high desert, north of the San Gabriel and San Bernardino
Mountains, and just south of the Mojave Desert. Summer days can be hot, but dry. Winter nights can be
well below freezing. Snow falls occasionally. An altitude of approximately 2,000 feet above sea level
means colder winter nights, and somewhat less severe summer heat, than adjacent desert.

8

9

b6
b6
Interview Memoranda by
(June 18, 2002), p. 5,
b6
b6
(July 3, 2002), pp. 4-5 and
(July 5, 2002), p. 7.

Interview Memoranda by
p. 4.

b6

(July 5, 2002), pp. 5 and 7 and

(July 2, 2002), p. 9,
b6

(July 3, 2002),

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reports of significant gang activity. We did hear, however, about isolated instances of
detainees making fun of other detainees who wear turbans 10 and of both guards and
detainees making fun of Chinese detainees. 11
2. VISITATION
Permitted visitors include attorneys, legal assistants, law students, friends, family and
news media. Laptop computers, cameras, recording devices and cellular telephones are
prohibited.

2.1.

Attorneys

The Standards provide that facilities should allow detainees to meet privately with their
current or prospective legal representatives and legal assistants.12 Visits should be
permitted seven days a week, for at least eight hours a day during the week and for at
least four hours on weekends. 13 Visits should be allowed to proceed during meal
periods 14 and counts. 15 Legal assistants may meet with detainees unaccompanied, if they
provide a letter of authorization from the retained attorney. 16 Attorneys and legal
assistants may be accompanied by interpreters. 17 All lawyers and assistants must provide
identification prior to each visit and may be subject to searches.18 Facilities must
establish procedures to allow attorneys and assistants to call the facility in advance of a
visit to determine if a detainee is housed at that facility. 19
Legal visits should not be subject to auditory supervision, and private meeting rooms
should be made available for such meetings. 20 Officers may visually observe such

10
11
12
13
14
15
16
17
18
19
20

Interview Memorandum by
Interview Memorandum by

(June 26, 2002), p. 8.

b6
b6

(July 5, 2002), p. 14.

Standards, Ch. 1: Visitation, Sec. III.I.1.
Id.
Id.
Id. at III.I.9.
Id. at III.I.3.b.
Id. at III.I.3.c.
Id. at III.I.4.
Id. at III.I.6.
Id. at III.I.9.

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meetings to the extent necessary to maintain security. 21 The facility must allow for the
exchange of documents during legal visits, even if contact visits are prohibited. 22
Detainees in segregation must be allowed legal visitation.23 Finally, upon request, a legal
service provider may be allowed to have confidential meetings with more than one
detainee at a time. 24
Mira Loma appears to be in compliance with these Standards. Messrs. b6, b7C and b6, b7C
informed us that attorneys may visit detainees at any time, but must show their bar cards
upon arrival. Attorneys may arrange for visits in advance, but staff stated that the vast
majority of attorney visits are not arranged in advance and that attorneys are not turned
away for failing to pre-arrange visits. Attorneys may also arrange for paralegals to visit
detainees by confirming the visit through a letter on the attorney’s stationery. Similarly,
interpreters may visit detainees so long as they provide identification. Staff explained
that the requirements for identification and notification for non-attorney visits arose
because of past problems with paralegals posing as attorneys.
The facility has just one attorney visitation room and it is next to the control room. The
room is reasonably sized, with a table and bench seating sufficient to accommodate four
persons. The room has windows on two sides, to permit visual observation by staff. The
door to the attorney visitation room appeared adequately thick to prevent staff from being
able to hear conversations occurring within the room. We were informed that staff is
looking for space to add more attorney visitation rooms. Visiting attorneys may also use
the larger general visitation area to meet with detainees, and it appeared that an attorney
was meeting with a detainee in this area during our interviews of the detainees.
Staff did not report any time limit on attorney interviews, and noted that visits may
continue through meal times and detainee counts. During extended visits, detainees are
provided with sack lunches, and visual counts are performed. Attorney visits are noncontact, but there is no actual barrier between attorneys and detainees in the attorney
visitation room. Due to past problems with attorneys attempting to solicit additional
clients by having their existing clients distribute business cards, attorneys may now
provide detainees with only one business card. After visits, all detainees are subjected to
pat-down searches. Strip searches occur in less than one percent of cases, and only with
good reason.

21
22
23
24

Id.
Id. at III.I.10.
Id. at III.I.12.
Id. at III.I.13.

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Messrs. b6, b7C and b6, b7C reported that attorney visits are easy to accommodate because
such visits are relatively few in number, due largely to difficulty in attracting pro bono
legal services. Stated reasons for this difficulty include: (1) the remoteness of the
facility; (2) the lack of funding for some pro bono organizations; and (3) the
unwillingness of other pro bono organizations to represent criminal aliens. Tara
Naselow, an INS staff attorney with whom we spoke during our tour, emphasized her
concern about the absence of pro bono representation. Without representation, she said
her job is more difficult. Without counsel, detainees are unfamiliar with INS procedures
and INS attorneys are essentially forced to present both sides during immigration
proceedings. If more detainees had counsel, Mira Loma might need additional space for
attorney meetings.
Some detainees said they had lawyers, but had never met their counsel in person,
apparently because of Mira Loma’s remote location. 25 Counsel presumably deal with
other family members. Detainees who had met their attorneys in person reported no
problems with attorney visits. Detainees reported that visits are uninterrupted, without
time limits and that no privacy issues arose. 26 Detainees also reported that attorneys are
allowed to visit at any time, and that they had no logistical problems contacting their
attorneys. 27 One detainee reported, however, that his attorney met with three detainees at
a time, which impeded open discussion of his case. 28
Detainees reported having more problems with finding attorneys and with the quality of
their attorneys, rather than with attorney visits. Two detainees reported having difficulty
getting advice or representation from pro bono organizations they contacted. 29 Detainees
also stated that their attorneys had not visited them in some time, if ever, or that their
attorneys were not responsive to their telephone calls or letters.30 One detainee reported
that his attorney even failed on one occasion to appear at the facility for INS
proceedings. 31 Yet another detainee reported that his money was taken by a person who
falsely held himself out as an attorney. 32
25
26
27
28
29

Interview Memoranda by

b6

Interview Memorandum by

b6

Interview Memoranda by

32

(July 2, 2002), p. 10 and

Interview Memorandum by

b6

(June 26, 2002), p. 16.

Interview Memorandum by

b6

(June 26, 2002), pp. 2 and 16.

Interview Memoranda by
10-11 and 15-16.

b6

Interview Memorandum by
Interview Memoranda by

b6
b6

b6

(July 3, 2002), p. 1.

(June 26, 2002), p. 21.

b6

30

31

(July 5, 2002), p. 9 and

(June 26, 2002), p. 21.

b6

(July 5, 2002), p. 9 and

b6

(June 26, 2002), pp.

(July 5, 2002), p. 2.
(June 18, 2002), p. 5 and

b6

(July 2, 2002), p. 10.

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2.2.

Families and Friends

In order to maintain detainee morale and family relationships, the INS encourages visits
from families and friends. 33 Detention facilities should permit authorized persons to visit
detainees within security and operational constraints.34 Visiting areas should be
“appropriately furnished and arranged and as comfortable and pleasant as practicable.” 35
In addition, “[t]he facility’s written rules shall specify time limits for visits: 30 minutes
minimum, under normal conditions.” 36 The INS encourages longer visits, especially for
family members traveling significant distances to visit.
Families and friends may visit detainees at Mira Loma from 8:00 a.m. until 4:00 p.m. on
weekends and holidays. Messrs. b6, b7C and b6, b7C reported that visitor traffic is fairly
light because of the remoteness of the location and because many detainees apparently do
not have family in the area. If visitors are unable to visit during these hours due to
hardship, they may call the facility, which arranges for special visits on a case-by-case
basis. Minors are allowed to visit if accompanied by an adult. 37 During visits, family
and friends may leave money for detainees, although detainees may not carry more than
$70.00 on their persons. Visits officially last one hour, but can be extended if there is no
backlog of visitors. Detainees generally reported that visits are often permitted to exceed
the one-hour time limit. Moreover, working detainees may visit with family and friends
for two hours. 38 Detainees are subject to pat-down searches, after visits. 39
Visits take place in the main visitation room, which is adjacent to the facility control area.
The general visiting area is quite large, and has sufficient space for approximately 70
detainees at one time to visit family and friends. The visitation room consists of a series
of long tables, with a low partition between detainees and visitors. Although there is no
physical barrier between detainees and visitors, visits are non-contact. Detainees and
visitors alike sit on metal stools secured to the floor. Detainees are led from a central
aisle to the table where their visitors await them. A small guard booth at one end of the
central aisle overlooks the whole room. Visiting stations are sufficiently spaced to limit
the ability to listen in on other visits, and to reduce background noise (although
33
34
35
36
37
38

39

Id. at I.
Id. at I.
Id. at III.G.
Id. at III.H.
Interview Memorandum by

b6

(June 26, 2002), pp. 11 and 16.

b6
Interview Memoranda by
(July 5, 2002), p. 6 and
b6

b6
(July 2, 2002), p. 10,
(July 3, 2002), p. 2,
(June 26, 2002), pp. 11 and 16.
b6

Interview Memoranda by

(July 5, 2002), p. 2 and

b6

b6

(July 3, 2002), p. 2.

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background noise could be a problem when the room is full). Visiting hours and rules are
posted prominently at one end of the room.
Detainees reported few problems with visitation. Most detainees were generally aware of
the visitation policy; even if they did not know the exact visitation hours, they knew that
visitation hours and policies were posted. 40 Detainees confirmed that minors may visit
them, 41 and that family members may leave money with them. 42 They also reported that
any money in excess of $70.00 must be kept with a cashier in the booking area, but that
they have access to their funds once the amount of money on their person is less than
$70.00. 43
The principal complaints we heard related to Mira Loma’s remote location. One detainee
reported that remoteness, limited visiting hours and his work in the facility’s kitchen
limited his wife’s ability to visit him for the entire two hours to which he would normally
be entitled as a working detainee. 44 Other detainees reported that Mira Loma’s location
precluded frequent family visits, even though their families lived in metropolitan Los
Angeles. 45 Another detainee reported that on one occasion, he was not informed that he
had a visitor, who was therefore kept waiting for a long time. 46
Nonetheless, the facility is in compliance with the Standards for general visitation, and
the visitation program seems to be administered effectively.
Some members of our team, however, expressed the concern that first-time visitors might
have trouble finding the facility. Our team mistakenly drove to the adjacent state prison;
and once we team found the correct driveway, we had trouble finding the parking area
and visitors entrance. Better, more prominent signs on the road to the facility and in the
parking area would be helpful.

40
41
42
43
44

Interview Memorandum by
Interview Memorandum by

(June 26, 2002), pp. 11 and 16.

Id.
Id.
Interview Memorandum by

45

Interview Memoranda by
and
(July 3, 2
b6

46

(June 26, 2002), pp. 2, 11, 16 and 22.
b6

Interview Memorandum by

b6
b6

b6

(July 5, 2002), p. 2.
(June 18, 2002), pp. 4-5,

b6

(July 2, 2002), p. 9

(June 26, 2002), p. 22.

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3. TELEPHONE ACCESS
According to the Standards, INS facilities should permit detainees to have “reasonable
and equitable access to telephones.” 47 In particular, detention centers should allow preprogrammed calls to many public facilities including courts, consular offices and nonprofit organizations. 48 Detainees should have access to telephones during waking hours,
and there should be at least one working telephone per twenty-five detainees. 49 The
Standards also require that detainees have privacy while making calls related to their
case. 50 At least 20 minutes should be allowed for legal calls. 51 The facility should not
electronically monitor legal calls. 52 A list of pro bono agencies should also be posted by
each phone, with multilingual calling instructions. 53 Prompt delivery of telephone
messages to detainees is also required. 54
Each barracks houses 60 detainees and has four indoor phones, which are configured for
coins, phone cards and collect calls. These phones are accessible 24 hours a day. In
addition, four phones set up for collect calls only are located within the perimeter of each
of the fences that enclose the barracks in pairs or threes. The phones that we saw and
tested appeared to be in good working order. These phones are accessible from daybreak
until 10:00 p.m.
However, phone lists of pro bono services were either missing 55 or out of date. 56
Instructions were posted next to indoor phones in the barracks, but there were no pro
bono phone lists. Neither instructions nor pro bono phone listings were posted near the
outdoor phones. This problem may be related to the difficulties that Officer Uribe
reported in finding pro bono services for Mira Loma. Under the Standards, primary

47
48
49
50
51
52
53
54
55
56

Standards, Ch. 2: Telephone Access, Sec. I.
Id. at III.E.
Id. at III.C.
Id. at III.J.
Id. at III.F.
Id. at III.J.
Id. at III.E.
Id. at III.I.
Interview Memorandum by

(June 26, 2002), p. 6.
b6

Interview Memorandum by

(June 26, 2002), pp. 2-3.

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responsibility for locating pro bono services falls upon the INS, not the individual
facility. 57
The facility’s staff explained that phone cards cost $32.00 each, or approximately $2.00
per minute, which is reasonable for China, but very expensive for domestic calls. Staff
reported that few phone cards had been sold. They are reportedly investigating other
services. Deputy b6, b7C reported that the phones are programmed to call the INS at no
cost. Verizon is the local service provider, and AT&T provides long-distance service.
Staff reported that there is a fifteen-minute limit for calls, after which time the phone
automatically cuts off.
Staff reported that messages can be left for detainees and that such messages are left in
the main control area. There is no set policy for emergency calls, but such calls may be
accommodated on a case-by-case basis. Finally, staff reported that calls are not
electronically monitored. Detainees commonly reported, however, that the facility does
not deliver phone messages to them. 58 Other detainees were unaware whether the facility
delivered messages or not. 59
We heard conflicting statements about the 15 minute time limit for telephone calls. The
detainees agreed that the time limit is a rule of the facility, but no detainee reported that
calls automatically cut off after 15 minutes. Detainees disagreed regarding the actual
enforcement of the 15-minute time limit. Some reported that the time limit is respected
and enforced, 60 while others reported that the time limit is not enforced and is violated
routinely, sometimes leading to fights. 61 Since the Standards set forth a 20-minute
minimum time for legal calls, the facility’s 15-minute time limit technically violates the
Standards, even if the rule is not always enforced in practice. The time limit may be a
feature of the telephone system, which is one intended for jails, rather than the standard
system used at INS facilities.
Detainee opinions varied concerning the phone system. Some detainees reported
technical problems, such as bad connections and inoperable phones, 62 while others

57

Standards, Ch. 1, Visitation, at III.I.14 (“INS shall provide the facility with the official list of pro bono
legal organizations, which is updated quarterly. . . .”).
58
59
60
61
62

Interview Memorandum by

(June 26, 2002), pp. 7, 11 and 16.

Interview Memorandum by

(June 26, 2002), p. 22.
b6

Interview Memorandum by

(June 26, 2002), pp. 3 and 11.

Interview Memorandum by

(June 26, 2002), pp. 7 and 16.

Id.

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reported no such problems, 63 or that broken phones were repaired quickly. 64 Similarly,
some detainees reported that there are not enough phones 65 (although the ratio of four
phones per 60 detainees is sufficient under the Standards), while another detainee
reported having no problems with phone access. 66 Regardless, some detainees say they
have to wait to use a phone. 67 Most detainees reported that they had no privacy concerns
while using the phones, 68 but one detainee believed that his calls were monitored. 69
Several detainees believed that calls, both collect and by calling card, were too
expensive, 70 but not all users of phone cards agreed. 71 Compared with commercial rates,
the $2.00 per minute charge seems high, especially for detainees with little money, and
cheaper service would be a distinct improvement.
In general, the Mira Loma facility appears to provide reasonable access to telephones, but
it should take additional steps to better comply with the Standards. Our team was unable
to determine whether all calls automatically cut off after fifteen minutes, but, whether or
not it actually happens, this is the facility’s stated policy. This policy should be revised
(and the cutoff feature on the telephones should be adjusted, if necessary) to permit 20
minute calls, in order to comply with Standards regarding legal calls. The facility’s
message-taking policy should be made known to detainees. The facility should also
continue with its efforts to find pro bono services willing to represent detainees, and
should consider pressing the INS to do the same.
4. ACCESS TO LEGAL MATERIALS
The Standards call for a library with current copies of a variety of immigration-related
legal materials. 72 The library must be large enough for detainee research and writing,
63
64
65

66
67
68
69

Interview Memorandum by
Interview Memorandum by

(June 26, 2002), p. 3.

b6
b6

b6
Interview Memoranda by
b6
(July 3, 2002), p. 5 and

Interview Memorandum by

b6
(June 18, 2002), p. 5,
b6
(June 26, 2002), p. 16.

b6

Interview Memorandum by

(July 5, 2002), pp. 2, 6 and 10.
(June 26, 2002), pp. 3, 11 and 22.

b6

Interview Memorandum by

(June 26, 2002), p. 16.

70

b6
b6
Interview Memoranda by
(June 18, 2002), p. 6,
b6
10,
(July 3, 2002), p. 5 and
(June 26, 2002), p. 16.
b6

71
72

(July 2, 2002), pp. 9-10,

(June 26, 2002), p. 22.

b6

Interview Memorandum by

(July 3, 2002), p. 3.

Interview Memorandum by

b6

(July 2, 2002), pp. 8 and

(June 26, 2002), pp. 6-7, 11 and 22.

Standards, Ch. 4: Access to Legal Material, Sec. I.

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well-lit, reasonably quiet and have sufficient tables and chairs to accommodate all
detainees requesting library use. 73 The facility is required to provide legal materials,
equipment and office supplies sufficient for detainees to prepare legal documents. 74 A
“flexible” schedule should permit detainees to use the library at least five hours per
week. 75 The Standards require that segregated detainees have the same access to the
library as other detainees, unless compelling security concerns dictate otherwise. 76

4.1.

Library

La Puente Unified School District operates the library and provides a professional
librarian, although the librarian has no legal education or training and provides no legal
advice. Detainees have access to the library during their yard time, which means that
they may go to the library for one hour per day, five days per week. Messrs.(b)(6), (b)(7)(C)and
(b)(6), (b)(7)(C)
reported that detainees may request additional library time on a case-byasis,
particularly if it is for the purpose of conducting legal research, and that the facility has a
policy of granting detainees as much legal research time as they need. One detainee
confirmed that additional library time is available, if necessary. 77 Messrs. b6, b7C and
b6, b7C also reported that there is no restriction of access to the library for detainees who
are held in segregation.
The library consists of one room with seating for approximately 25 people. The general
collection appeared to be substantial and well-organized. Books are covered, cataloged
and organized, as they might be in a school library. The non-legal collection includes a
variety of fiction and non-fiction titles, some of them recent, hardcover publications. The
vast majority of the non-legal materials are in English, but there are also a fair number of
materials in Japanese and Korean, with a much smaller number of materials in Chinese.
Chinese detainees reported complaining to the librarian one week prior to our visit about
the lack of Chinese materials available in the library, but their concerns had not been
addressed as of the time of our visit. 78 Non-legal materials may be checked out by
detainees and brought back to the barracks.

73
74
75
76
77
78

Id. at III.A.
Id. at III.B.
Id. at III.G.
Id. at III.N.
Interview Memorandum by
Interview Memorandum by

(b)(6)
b6
b6

(June 26, 2002), p. 3.
(July 5, 2002), p. 9.

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4.2.

Legal Materials

The Standards require facility libraries to maintain legal materials listed in Attachment
A-2 to the Standards. 79 Materials should be updated regularly. 80 The Standards require
each facility to designate an employee to update the materials, inspect them weekly and
maintain them in good order. 81
All of the library’s legal materials are kept on a set of shelves behind the librarian’s desk
and are not directly accessible by the detainees. All legal materials appear to be in
English. Indeed, two Chinese detainees expressed that they wish some of the
immigration materials were available in Chinese, 82 and at least one detainee has
apparently asked that some of the materials be translated into French. 83 Detainees must
specifically request a law book from the librarian.
The library appears to hold a relatively small collection of legal materials. Although we
did not have adequate time to perform a thorough comparison of the materials in the Mira
Loma library with those that are listed in the Standards, several of the books identified in
the Standards are not present. The materials we saw included: United States Code Title
VII; Codes of Federal Regulations relevant to immigration; some basic California Codes;
the Matthew Bender immigration treatise, Immigration Law and Procedure; the Federal
Rules of Civil Procedure; treatises relating to federal habeas corpus law; a series of
“Nutshell” treatises relating to immigration law; BIA decisions; Interpreter Releases; and
law dictionaries. The library appears to lack some of the more specialized legal materials
identified in the Standards. We did not have sufficient time to determine whether each
publication was up to date, but the librarian said that legal materials are updated
regularly.
Overall, our team believes that Mira Loma’s library deserves high marks for its
organization, size and breadth of non-legal holdings, but that it needs to increase its legal
holdings in order to comply fully with the Standards. We believe that a qualified
librarian (such as the one employed at Mira Loma) contributes significantly to the quality
of the library. In addition to increasing the library’s legal holdings, we recommend that
the librarian consider moving the legal materials to shelves that are more accessible to the
detainees, making it easier for them to peruse the materials.
79
80
81
82
83

Id. at III.C.
Id. at III.E.
Id. at III.E.
Interview Memorandum by
Interview Memorandum by

b6
b6

(July 5, 2002), p. 9.
(June 18, 2002), p. 7.

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4.3.

Photocopies and Mail

4.3.1.

Photocopies

The Standards require the facility to provide “reasonable and necessary” photocopies of
legal materials. 84 The Standards list four permissible bases for denying a request to
photocopy legal materials including: security concerns, copying in violation of law and
“clearly abusive or excessive” requests. 85
The Mira Loma facility appears to comply with Standards for photocopies. The facility’s
library contains one photocopier. According to the librarian, the photocopier may be
used only to copy legal materials, and she handles photocopying requests. Copies are
free, and there is no limit to the number of copies that a detainee may request.
Photocopies of legal materials may be taken back to the barracks by detainees. One
detainee reported that under a new rule implemented about two months before our visit,
detainees who have attorneys may not make copies of legal materials.86 However, no
one corroborated this purported change in policy.
4.3.2.

Mail

The Standards require that indigent detainees receive free envelopes and stamps for legalrelated materials. 87 If the facility does not have a process for purchasing stamps, it
should allow detainees to mail all “special correspondence” 88 and a “reasonable amount
of general correspondence (at least five items per week).” 89 The Standards also require
the facility to provide envelopes, paper and writing instruments to all detainees. 90
Both staff and detainees reported that paper and pencils are provided free of charge to all
detainees but that stamps generally must be purchased. 91 Detainees who cannot afford to
84
85
86
87

Id. at III.J.
Id.
Interview Memorandum by

b6

(July 3, 2002), p. 3.

Id. at III.O.

88

“Special Correspondence” is defined in Ch. 10 of the Standards, the definition section. In sum, the
definition includes all legal-related correspondence, correspondence to political representatives or
government agencies, and correspondence to the media. All other correspondence is defined as “General
Correspondence.”

89
90
91

Standards, Ch. 9: Correspondence and Other Mail, Sec. III.I.
Id. at III.J.
Interview Memorandum by

b6

(July 3, 2002), pp. 3 and 6.

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pay for stamps are provided two per week. 92 Although one detainee reported that
envelopes are provided free of charge, 93 other detainees reported that envelopes must be
purchased. 94
Detainees did not report concerns regarding sending or receiving mail, but the facility
may not be in technical compliance with the Standards with respect to stamps and
envelopes.

4.4.

Computer Access, Equipment and Holdings

The Standards require an adequate number of typewriters and/or computers, carbon
paper, writing instruments, paper and non-toxic liquid paper to be available for use by
detainees. 95 Mira Loma’s library contains four stand-alone computers, which can be
used free of charge, upon request. There are no typewriters for detainee use. Subject to
availability, detainees have unlimited access to use of the computers. The librarian is in
charge of scheduling computer use if the demand for use exceeds the number of
computers available. One detainee reported difficulty in being able to use the computers
because they apparently are always in use. 96 No one is formally charged with providing
computer or typewriter instructions, but the librarian can try to help if she is available.
The computers use Windows 3.1 (an obsolete operating system) and are programmed
with the software program Folio Bound Views, which contains pre-formatted INS forms.
The legal materials available via computer (such as INS regulations, decisions and
publications) were not as extensive as some members of our team had seen during their
visit to the INS Processing Center in San Pedro, California.
There is one computer printer for the detainees’ use. Printer use is unlimited, so long as
it is for the purposes of printing legal materials. Computer printouts of legal materials
can be taken back to the detainee barracks.
5. GROUP RIGHTS PRESENTATIONS
The Standards require detention facilities to permit authorized persons to make
presentations to groups of detainees for the purposes of informing them of immigration
92
93
94
95
96

Id.
Interview Memorandum by
Interview Memorandum by

b6
b6

(July 2, 2002), p. 9.
(June 26, 2002), pp. 7, 12 and 22.

Id. at III.B.
Interview Memoranda by

b6

(July 2, 2002), p. 11 and

b6

(June 18, 2002), p. 6.

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law and procedure, consistent with the orderly and secure operation of the facility. 97 The
Standards further require that facilities “cooperate fully” with persons making such
presentations. 98
As of the time of our visit, the Mira Loma Detention Center had not had any group
presentations for several months, and none was scheduled. INS and Sheriff’s Department
officials informed us that the Catholic Legal Immigrant Network (commonly known as
“CLINIC”) used to make presentations every Tuesday. Any detainee who wanted to
attend was so permitted, and approximately ten detainees would attend each such
presentation. These visits ended about a year ago, for lack of money. Messrs. b6, b7C and
b6, b7C said that groups are often unable or unwilling to come to this remote desert facility
and that many groups are reluctant to provide pro bono services to criminal detainees.
Messrs. b6, b7C and b6, b7C said that the Florence Project’s “Know Your Rights” video is
shown daily in the barracks. At least some detainees agreed that the video is shown
daily. 99 However, other detainees reported that the video is not, in fact, shown every
day. 100 Some detainees complained that they had watched the video but could not
understand it because it is offered only in English and Spanish. 101 Still other detainees
complained that the video is not helpful or seems outdated. 102
The Mira Loma facility appears to be in compliance with the Standards with respect to
group rights presentations. Nonetheless, the lack of actual presentations at the facility
concerned our team. Since CLINIC discontinued presentation, there appear to be no
groups that make presentations at Mira Loma with any regularity. Perhaps the INS or the
Mira Loma staff could take steps to encourage more group rights presentations, as by
notifying various public interest organizations of the current absence of such programs.
It would also be helpful to find out if the “Know Your Rights” video were available in
Chinese and possibly other languages.

97
98
99

Standards, Ch. 3: Group Presentation on Legal Rights, Sec. I.
Id.
Interview Memorandum by

100

Interview Memoranda by
p. 17.
101

Interview Memoranda by

b6

(June 26, 2002), pp. 3, 7 and 12.

b6

(July 3, 2002), pp. 1 and 4 and

b6

(July 5, 2002), p. 14 and

b6

b6

(June 26, 2002),
(June 26, 2002), p.

7.
102

5,

b6
Interview Memoranda by
b6
(June 18, 2002), p. 5 and

(July 2, 2002), p. 9,
(June 26, 2
b6

b6

(July 5, 2002), pp. 4.

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6. RECREATION AND CLASSES
The Standards require that “all facilities shall provide INS detainees with access to
recreational programs and activities, under conditions of security and supervision that
protect their safety and welfare.” 103 Every effort is to be made to provide outdoor
recreation facilities, with access to sunlight. 104

6.1.

Recreation

Mira Loma staff informed our team that detainees are permitted one hour of “yard time”
each day, but many detainees reported that actual yard time is only about forty-five
minutes. 105 Two detainees also reported that they were not permitted yard time every
day, purportedly due to occasional understaffing by the Sheriff’s Department. 106 Others
expressed no such concern.
The yard is a large, fenced area consisting of both paved surfaces and lawns. Exercise
facilities include a track, two (under-sized) soccer fields, basketball courts, volleyball
courts and horizontal and parallel bars. We observed a number of detainees who were
playing basketball and soccer. Detainees in segregation also have one hour of exercise
time daily, but remain isolated.
In addition to these outdoor facilities, the yard includes an indoor recreation area that is
sufficiently large for movies or other group gatherings. Table games, puzzles, ping pong
and the like are all available in this indoor area. There is also a reasonable variety of
vending machines (75¢ per item). Vending machines are grouped in an area of the
building enclosed by a chain-link fence. One detainee stands in the enclosed area and
makes requested purchases for the other detainees.
In the barracks, detainees may watch television, play games or read newspapers and
books. Detainees are free to move around the barracks in which they live, as well as
within the outdoor area surrounding the groups of barracks. The compound we visited
included two barracks, a small grassy area and a paved area. Detainees are permitted to
exercise outdoors within these areas.

103
104
105

106

Standards, Ch. 27: Recreation, Sec. I.
Id. at III.A.
b6
Interview Memoranda by
(July 2, 2002), p. 9,
b6
(June 26, 2002), pp. 3, 7 and 12.

Interview Memorandum by

b6

b6

(July 3, 2002), p. 3 and

(July 5, 2002), pp. 10-11.

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6.2.

Classes

The facility provides art classes taught by an instructor through the La Puente Unified
School District, a drug and alcohol abuse class taught by the physical education instructor
and classes in basic English. During our tour, we observed an English language class
which seemed quite well attended. We also were able to see artwork produced from one
of the classes, much of which was quite impressive. Several detainees with whom we
spoke had taken advantage of the classes, especially the drug and alcohol abuse
classes. 107
Our primary suggestion is that perhaps more classes could be offered and some classes
might be offered in more languages. One detainee stated, for example, that he had asked
to take an English class but was told that there was no room in the class for him. 108
Another detainee mentioned that he took the art class, even though his English was
limited, but said that the language barrier was not an obstacle because art transcended
it. 109
7. MEDICAL ISSUES
The Standards require that all detainees have access to medical services and that the
facility provide all its detainees with an initial medical screening, effective primary
medical care and emergency care. 110
The facility must also maintain current
accreditation by the National Commission on Correctional Health Care. 111 In addition,
each facility must have regularly scheduled times (such as “sick call”) when medical
personnel are available to examine detainees. 112 If the facility’s population exceeds 200,
the facility must have sick call at least five times a week. 113 Finally, the Standards
mandate that if a detainee requires emergency medical care, an officer must immediately
take the appropriate steps to promptly contact a health care provider. 114

107

11,
108
109
110
111
112
113
114

b6
b6
Interview Memoranda by
(June 18, 2002), p. 5,
(July 2, 2002), pp. 9 and
(July 3, 2002), pp. 3 and 6 and
(June 26, 2002), pp. 4, 12 and 23.
b6
b6

Interview Memorandum by
Interview Memorandum by

b6
b6

(July 5, 2002), p. 12.
(June 26, 2002), p. 12.

Standards, Ch. 24: Medical Care, Secs. I & III.A.
Id. at I.
Id. at III.F.
Id.
Id. at III.G. & III.H.

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7.1.

General Access to Health Care

All detainees have chest X-rays for tuberculosis when they are first admitted to the INS
system in Los Angeles. In addition, they receive an exam within 72 hours after arrival at
the Mira Loma facility, and a full physical if they remain more than 14 days. There is a
medical doctor on site every weekday, and a nurse is on site 24 hours a day, 7 days a
week. These services are provided through a contract with the Los Angeles County
Department of Health Services. A public health coordinator in San Diego handles all
referrals for non-emergency care outside the facility. The AT&T interpreter line or
another detainee provide language translation for medical problems.
There is a sick call every weekday morning. The sick call nurse speaks Spanish, which
eliminates language barriers with a good number of Mira Loma’s detainees. 115 Detainees
are seen in a large infirmary, which includes exam rooms (busy during our visit) and a
dispensing pharmacy. With medical exams in progress, and curtains drawn, we could see
little (other than detainees waiting in the corridor), but the infirmary seemed clean and
orderly.
Nonetheless, some detainees complained that medical attention is often slow for
significant conditions that are not life-threatening. 116 For example, one detainee
complained about waiting an entire weekend before being seen for a lung infection. 117
Two Chinese detainees jointly reported that another Chinese detainee complained every
day for a month about stomach problems before he was finally sent to a hospital,
purportedly with a bleeding ulcer. 118 Another detainee complained that his eyes had been
bothering him but that he was given only eye drops, which had not helped. 119
Another source of complaints was dental care, which is apparently limited to
emergencies. One detainee complained about toothaches and a failing bridge. He says
he was told to wait three months, then another three months, until finally he submitted to
an extraction. 120 Another detainee complained that he lost a tooth when nothing was
done about an abscess. He had not been at Mira Loma long enough (apparently, six
months) to be eligible for dental care. 121
115
116
117
118
119
120
121

Interview Memorandum by

(June 26, 2002), p. 13.
b6

Interview Memorandum by

(June 26, 2002), pp. 12-13.

Interview Memorandum by
Interview Memorandum by

b6

Interview Memorandum by
Interview Memoranda by
Interview Memorandum by

(June 18, 2002), p. 4.

b6

b6

(July 5, 2002), p. 13.
(July 3, 2002), p. 7.
(June 18, 2002), p. 5 and

b6
b6

b6

(July 2, 2002), p. 10.

(June 26, 2002), pp. 17-18.

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Draft 9/30/02

Detainees who take approved prescription medication on a regular basis (such as pills for
high blood pressure) reported being able to keep the medication with them in the barracks
to take as necessary. 122

7.2.

Mental Health Services

The Mira Loma facility does not admit detainees with mental illnesses. Mental patients
are referred elsewhere. If mental health problems develop at Mira Loma, detainees are
likewise sent elsewhere. For minor mental health concerns, the Mira Loma facility
provides no counseling or other support.

7.3.

Emergencies

Generally, the Mira Loma facility does not accept anyone with a serious or chronic
medical condition. Detainees who develop serious medical conditions may be sent next
door to the County’s High Desert Hospital, a local community hospital. 123 Because that
hospital has no emergency room, emergency cases are generally sent to the Antelope
Valley Hospital.

7.4.

HIV

Messrs. b6, b7C and b6, b7C described Mira Loma as a “wellness facility” and explained that
HIV-positive detainees are not sent to the facility.
8. RELIGIOUS ISSUES
The Standards require that detainees of different religious beliefs be provided reasonable
and equitable opportunities to participate in the practices of their respective faiths. 124
“Those 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.” 125
INS officials told us that Roman Catholic, Protestant and Buddhist chaplains visit at least
twice a week and conduct regular services. However, several Buddhist detainees said

122

Interview Memorandum by

(July 5, 2002), p. 4.

b6

123

According to press reports, impending Los Angeles County budget cuts may soon close this community
hospital.
124
125

Standards, Ch. 28: Religious Practices, Sec. I.
Id.

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that there were no Buddhist services. 126 INS officials also informed us that religious
counseling is encouraged, and none of the detainees we interviewed stated that there was
a problem acquiring religious counseling if they sought it.
During our visit, we toured the “chapel,” a large room equipped with a podium and
seating for a few dozen detainees. All religious groups may congregate and worship in
the chapel, and detainees may go to the chapel during their recreation time. The larger
indoor recreation room described above is used for Catholic Sunday Mass.
Detainees may keep religious items with them in the barracks. The only exceptions of
which we were made aware are that Sikhs may not keep their “kirpan” (ceremonial
daggers) or wear their “kara” (traditional steel bracelets). However, Sikhs may wear
turbans. 127 Detainees are allowed to keep religious books and literature with them.
Muslims may keep a copy of the Koran, even though it is hard-bound. 128
An effort is made to accommodate different religious diets. During Ramadan, for
example, Muslims who observe Ramadan are allowed to eat at different hours. 129
Vegetarian meals are also provided. The one complaint we heard is that the vegetarian
meal is not very filling. 130
As far as we could tell, religious tensions among the detainees appeared to be minimal.
One detainee mentioned, however, that Sikhs who wear turbans are taunted. 131 However,
he did not know if such incidents are reported to officials or if the perpetrators have been
disciplined. 132
9. OTHER ISSUES

9.1.

Detainee Classification

The Standards call for detainees to be classified upon arrival before admission into the
main population. 133 Classification is to be performed by trained officers, and detainees
126

127
128
129
130
131
132
133

b6
Interview Memoranda by
b6
(July 5, 2002), p. 12.

Interview Memorandum by

(June 18, 2002), p. 7,

b6

(July 2, 2002), p. 11 and

(June 26, 2002), p. 8.
b6

Interview Memorandum by

(June 26, 2002), p. 23.

Id.
Interview Memorandum by

(June 26, 2002), p. 9.
b6

Interview Memorandum by

(June 26, 2002), p. 8.

Id.
Standards, Ch. 6: Detainee Classification System, Sec. III.

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are to be kept in detention until all information necessary for the classification process is
received. 134 The classification is based upon security risk, and detainees’ security
classification must be easily identifiable by color-coded uniforms or wristbands. 135 The
Standards also bar “Level 1 detainees” (non-criminal detainees or non-violent detainees
guilty of petty offenses) from interacting with “Level 3 detainees” (those convicted of
aggravated felonies). 136 The Standards call for reclassification after 45 to 60 days and
every 60 to 90 days thereafter. 137 Detainees should have the right to appeal their
classification. 138
These Standards are inapplicable to the Mira Loma Detention Center. There is only one
classification at the facility: general population. Most of the detainees are convicted
criminals. The remainder are applicants for asylum, detained pending “credible fear”
determinations. However, Messrs. b6, b7C and b6, b7C explained to us that detainees are
separated by race to the degree possible in order to minimize ethnic friction. They
specifically mentioned that Latino and Chinese detainees are separated and that some Sri
Lankans are also kept away from other ethnic groups. Since detainees with serious or
chronic medical or psychiatric problems are not permitted to stay at Mira Loma, there are
no medical classifications.

9.2.

Accommodations

The Standards require that a facility have an excess clothing inventory of at least 200% of
the detainee population. 139 The standard issue for each detainee is one uniform shirt, one
pair of pants or jumpsuit, one pair of socks, one pair of underwear and one set of
footwear. 140 A standard bedding set includes one mattress, one blanket, one pillow, two
sheets and one pillowcase. 141 Undergarments are to be exchanged daily; outer garments
are to be exchanged at least twice weekly with no more than 72 hours between
exchanges. 142 Food service workers are to exchange their outer garments daily. 143 Bed
linens are to be exchanged weekly.
134
135
136
137
138
139
140
141
142

Id.
Id. at III.B.
Id. at III.E.
Id. at III.G.
Id. at III.H.
Standards, Ch. 7: Issuance and Exchange of Clothing, Bedding and Towels, Sec. III.A.
Id. at III.B.
Id. at III.C.
Id. at III.E.

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During our tour, we visited the facility’s intake area – a large room adjacent to the
infirmary with lengthy tables and bins full of clean clothing. Although we were unable to
verify inventories, the facility appears to have ample spare clothing.
All detainees at Mira Loma wear orange jumpsuits. According to the INS and Sheriff’s
Department staff, detainees are provided two sets of outer clothing and six sets of
undergarments for each six-day period, at the end of which time garments are collected
and laundered and detainees are given a fresh set. During the winter, detainees are
receive hats, gloves and long underwear. Two detainees complained that they did not
believe they were given enough warm clothing and bedding during the winter. 144 Bed
linens can be changed weekly and blankets, monthly. 145 Pillows are not provided. 146
Basic hygiene articles are provided to the detainees at their request free of charge, but
they can purchase these and other materials at the facility’s supply store as well.147
Detainees voiced complaints, however, that it is sometimes difficult, to purchase items at
the store during yard time, because lines are long. 148
The Mira Loma facility appears to be in compliance with the Standards relating to
clothing and accommodations. Nonetheless, our team recommends that the facility
consider adding staff for the store, so detainees will be better able to make purchases
during their yard time.

9.3.

Personal Items

The Standards state that detainees may keep up to $40.00 in their personal possession. 149
However, the officer-in-charge may determine how much cash, if any, detainees may
retain. 150 The Standards allow detainees to also keep the following items: small
religious items; softcover reading materials and correspondence; legal documents; up to
ten 5-by-7 pictures; glasses; dentures; an address book; a wedding ring; and other
approved items. 151 Detainees are not allowed to keep cash over the facility limit,
143
144
145
146
147

Id.
Interview Memorandum by
Interview Memorandum by
Interview Memorandum by

Interview Memoranda by
3-4 and 12.
150
151

(July 5, 2002), p. 11.
(June 26, 2002), pp. 4, 8, 13, 18 and 23-24.

b6

Interview Memorandum by

148

149

b6

(June 26, 2002), pp. 8 and 18.
(June 26, 2002), pp. 4, 8, 13, 18 and 23-24.

b6

(July 3, 2002), p. 7 and

b6

(July 5, 2002), pp.

Standards, Ch. 17: Funds and Personal Property, Sec. III.B.4.
Id. at III.B.1.
Id. at III.B.4.

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negotiable instruments, jewelry, clothing not provided by the facility, prohibited
publications or unauthorized medication. 152 The Standards require each facility to have
an inventory and auditing system for property that may not be held on a detainee’s person
such as cash over the prescribed limit. 153 Facilities must have a written policy for return
of items to a detainee upon their departure from the facility. 154
The Mira Loma facility is in compliance with the Standards governing personal items.
Detainees are permitted to keep up to $70.00 on their persons. Any additional money
may be deposited with a cashier on the premises, and detainees may withdraw funds
during their yard time, so long as they remain within the $70.00 limit. A couple of
detainees complained that the cashier is not always open during their yard time and that
the line for the cashier is sometimes too long to permit all of the detainees who wish to do
so to conduct their transactions. 155 However, similar complaints were not expressed by
other detainees. One detainee reported being sent to segregation for carrying too much
money. 156
Mira Loma staff, and the detainees themselves, also reported that detainees may keep
religious books and materials, reading materials, correspondence, legal documents,
toiletries, approved medication, snacks and the like in the lockers located within the
barracks. 157 One detainee reported that detainees are allowed to keep only photographs
of females, as male photographs may be used to create false identification cards. 158 Only
one of the detainees we interviewed reported any instances of theft among the
detainees. 159

152
153
154
155
156

Id.
Id. at III.F.
Id. at III.G.
Interview Memorandum by
Interview Memorandum by

b6
b6

(July 5, 2002), p. 10.
(July 3, 2002), p. 5.

157

Interview Memoranda by
(July 3, 2002), pp. 2 and 5,
b6
b6
p. 4 and
(June 26, 2002), pp. 4-5, 14 and 24.

b6

(July 5, 2002),

158

Interview Memorandum by
(June 26, 2002), p. 9. Although this policy was not reported
b6
to our team by anyone else during our visit, it would not be surprising in light of recent events in Los
Angeles. Not long before our visit to Mira Loma, an inmate escaped from a prison in downtown Los
Angeles that is operated by the Sheriff’s Department. The inmate effected his escape by using false
identification, featuring a picture of Eddie Murphy.
159

Interview Memorandum by

b6

(June 26, 2002), p. 19.

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9.4.

Dietary Requirements

The Standards are vague on nutritional requirements, but dictate the organization of food
services. Food service is to be run by a professional Food Service Administrator, 160
assisted by a Cook Supervisor. 161 The Standards also note that custody and supervision
of the kitchen is the responsibility of food service. 162 The Standards require that knives
be kept locked and under the control of the cook foreman. 163 The Food Service
Administrator is responsible for providing “nutritionally adequate menus” for the
detainees. 164
The mess hall consists of a large cafeteria-style dining room for detainees, a kitchen, a
separate dining room for deputies and a large food storage room. The kitchen is staffed
by employees and volunteer detainees, who help prepare and serve the meals to both
deputies and detainees. The kitchen appeared clean and orderly. The menu is prepared
and sent to the facility by a nutritionist from the Sheriff’s Department in downtown Los
Angeles. According to the facility’s chief cook, the menu is designed to provide 3000
calories daily. We were permitted to inspect the menu that had been prepared for the
month of our visit, and it appeared to offer a decent variety of food, including various
ethnic dishes that corresponded loosely to Mira Loma’s detainee population. On the day
of our visit, for example, the meal served to detainees consisted of tamales and rice. The
facility accommodates religious and vegetarian meals. 165 The kitchen staff reported no
health problems with the detainees after eating the food and no problems or violations
after their regular health inspections by the Los Angeles County Health Department.
Because of Mira Loma’s remote location, a two-week supply of non-perishable food is
kept in storage at all times. In the event of a major earthquake or other disaster, the
facility should still be able to operate and feed the detainees and staff.
Detainees enter the cafeteria area in shifts. Two or three barracks are fed at a time.
Meals are handed to detainees through small doors in a stainless steel curtain, which
prevents detainees from having direct physical or visual contact with the food servers
(who are themselves detainees). With the exception of those detainees requiring special
meals for religious or dietary reasons, detainees appear to have no choices regarding the
160
161
162
163
164
165

Standards, Ch. 16: Food Service, Sec. III.A.1.
Id. at III.A.2.
Id. at III.B.1.
Id. at III.B.2.
Id. at III.A.1.

Interview Memoranda by
5, 8 and 23.

b6

(July 2, 2002), p. 10 and

b6

(June 26, 2002), pp.

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selection of entrees or side dishes, or the size of the portions. Indeed, a few detainees
complained about not having enough to eat and about having to go without food if they
were unable or unwilling to eat the food prepared for a particular meal. 166 After
receiving their meals, detainees eat on steel stools, which are attached to steel tables that
are cemented in place. Each meal shift lasts approximately fifteen minutes. Some
detainees complained that, depending on where they were in line as they entered the
cafeteria, they might have as little as 5 minutes to eat.167 However, our team heard no
serious complaints about the quality of the food.
Mira Loma appears to be in compliance with the Standards regarding food preparation
and service. Nonetheless, our team recommends that the facility consider lengthening
each meal shift by a few minutes. Doing so would permit detainees at the end of the food
service line to have a little more time to eat.

9.5.

Work Program

The Standards require that every physically and mentally able detainee have an
opportunity to work. 168 Work assignments are to be made based on a detainee’s security
classification. 169 All detainees are responsible for their own personal housekeeping.170
Qualified detainees cannot be denied work assignments on the basis of factors such as
race, religion, physical or mental handicap or national origin. 171 Supervisory officials
must consider the precise limitations of disabled individuals before rejecting them for
particular work assignments. 172 Work is limited to 8 hours per day, and a maximum of
40 hours per week. Workers are to be paid $1.00 per day and are to be paid daily. 173
The Mira Loma Detention Center has an extensive work program that allows detainees to
volunteer to help maintain the facility. Detainees work in the laundry, the kitchen, and
the supply store. They clean the barracks, assist the physical education instructor and
care for the grounds. Contrary to the Standards, workers at Mira Loma are not paid, but
166

and
167
168
169
170
171
172
173

b6
Interview Memoranda by
b6
(June 26, 2002), p. 14.

Interview Memorandum by

b6

(July 3, 2002), p. 6,

b6

(July 5, 2002), p. 13

(July 5, 2002), p. 7.

Standards, Ch. 37: Voluntary Work Program, Sec. III.A.
Id.
Id. at III.C.
Id. at III.F.
Id. at III.G.
Id. at III.K.

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they do receive other benefits for their work. 174 Working detainees are housed in two
barracks, which are separate from the others. These barracks are furnished with bigscreen televisions (although detainees reported that both such televisions are currently
broken). Working detainees also enjoy privileges such as extended visiting hours with
friends and family, longer recreational time and special (reportedly, better) meals twice a
week. 175 Detainees who wish to do so generally work three to four times a week for four
to five hours a day, although some detainees with whom we spoke with had assignments
every day of the week.
Detainees generally seemed to regard working at the facility as desirable, and they
described it as a good way to pass the time and make the days go faster at the facility.
Nonetheless, in order to comply with the Standards, the Mira Loma facility should pay
the working detainees. Also, at least two Chinese detainees reported that they were
denied the ability to work in the kitchen because they are unable to speak English. 176
(The detainee who translated the interview of the two Chinese detainees suggested that
this denial of jobs to non-English-speaking Chinese detainees extended beyond the
kitchen.) To the extent that this is so, it may or may not represent a violation of the
Standard precluding the facility from using race or national origin as a basis for denying
work to a willing detainee.

9.6.

Grievance Procedures

The Standards aim for an informal resolution of most detainee grievances. 177 However,
each facility is required to have a formal written grievance process.178 The facility is to
provide assistance for illiterate, disabled, and non-English speaking detainees, 179 and
detainees may obtain assistance in preparing grievances from other detainees, facility
staff and outside sources. 180 Detainees are to be provided with written grievance forms
on request, 181 and forms may be submitted up to five days after an objectionable event.182
174

Interview Memorandum by

175

Interview Memoranda by
pp. 9, 14 and 18-19.
176
177
178
179
180
181
182

Interview Memorandum by

(July 3, 2002), p. 2.

b6

(July 3, 2002), pp. 2 and 6 and

b6

b6

b6

(June 26, 2002),

(July 5, 2002), pp. 8-9.

Standards, Ch. 18: Detainee Grievance Procedures, Sec. III.A.1.
Id. at III.A.2.
Id. at III.A.2.6.
Id. at III.A.2.4.
Id. at III.A.2.1.
Id. at III.A.2.

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The completed form is to be delivered without delay to the on-duty supervisor,183 who is
to meet with the detainee. 184 If the supervisor is unable to resolve the problem, a notation
is made on the grievance form, which is forwarded to the department head. 185 If the
detainee does not accept the department head’s proposed solution, the grievance is
forwarded to the Detainee Grievance Committee, which must make a ruling within five
days of convening, stating the reasons for its ruling. 186 The detainee can appeal the
committee’s ruling to the officer-in-charge, who must respond within five days and may
uphold, modify or reverse the committee ruling. 187 The Standards prohibit retaliation
against detainees for filing a grievance, 188 and facilities are required to keep a record of
grievances. 189 Allegations of officer misconduct must be forwarded to supervisors or
higher-level officials, and the INS is to investigate all such allegations. 190
Mira Loma detainees who have complaints can either fill out complaint forms that are
available throughout the facility, including in detainee barracks, or report a complaint to
any deputy or officer at the facility. A committee then reviews the complaint and decides
what action, if any, to take.
We saw stacks of complaint forms in various locations, but were unable to determine the
extent to which the complaint procedures are actually used or effective. One detainee said
that detainees may fill out compliant forms and that, afterwards, someone will come and
speak with them about the relevant issues. 191 However, another detainee said complaint
forms are useless and rarely used. 192 A pair of Chinese detainees who were interviewed
jointly said they had complained about insufficient warm clothing for winter and Chinese
materials in the library. 193 These and other statements suggest that there are no
impediments to making complaints to the Mira Loma staff. 194 Whether valid complaints
183
184
185
186
187
188
189
190
191
192
193
194

Id. at III.A.2.3.
Id. at III.A.2.
Id.
Id.
Id. at III.C.
Id. at III.D.
Id. at III.E.
Id. at III.F.
Interview Memorandum by
Interview Memorandum by

b6

Interview Memorandum by

Interview Memoranda by
9 and 11.

(June 26, 2002), p. 24.

b6

b6
b6

(July 2, 2002), p. 8.
(July 5, 2002), pp. 9 and 11.
(July 3, 2002), p. 7 and

b6

(July 5, 2002), pp.

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lead to corrective action is less clear. Some detainees remarked that they did not bother
to complain because they doubted that the complaints would result in any action. 195
Others expressed little faith in the grievance process. 196

9.7.

Disciplinary and Administrative Segregation

The Standards allow detainees to be placed in administrative segregation when they pose
a threat to themselves, to staff, to other detainees or to the security or proper operation of
the facility. 197 Administrative segregation may also be used for protective custody, for
those awaiting disciplinary hearings and for those in medical isolation.198 This form of
segregation is non-punitive. 199 Time served in administrative segregation awaiting a
disciplinary hearing may be deducted from time spent in disciplinary segregation. 200
Cases are reviewed by the officer-in-charge and by the Supervisory Detention
Enforcement Officer to determine if they are appropriate for segregation. 201 A
segregation order, stating the reasons for segregation, must be delivered promptly to the
detainee. 202 A status review is to take place within 72 hours of placement, then once a
week for the first month of segregation, and monthly thereafter. 203 A detainee has seven
days to appeal a review decision. 204
Detainees in administrative segregation are entitled to the usual three meals a day and to
recreation. 205 They are also entitled to keep a reasonable amount of nonlegal reading
material and personal legal material. 206 Furthermore, segregated detainees are entitled to
the same correspondence and library privileges as those in the general population, and are
entitled to comparable visitation privileges. 207
195
196
197
198
199
200
201
202
203
204
205
206
207

Interview Memorandum by
Interview Memoranda by

b6
b6

(July 5, 2002), p. 4.
(July 2, 2002), p. 8 and

b6

(June 26, 2002), p. 19.

Standards, Ch. 30: Special Management Unit (Administrative Segregation), Sec. III.A.
Id.
Id.
Id. at III.A.3.a.
Id. at III.A.1.
Id. at III.B.1. & 3.
Id. at III.C.
Id.
Id. at III.D.5 & 8.
Id. at III.D. 10 & 11.
Id. at III.D. 13, 14, & 17.

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Disciplinary segregation is allowed only where alternative disciplinary methods are
inadequate. 208 Detainees may not spend more than 60 days in disciplinary segregation
for a single incident; terms over 30 days require the officer-in-charge to send written
justification to the Assistant District Director for Detention and Deportation. 209
Detainees may be sent to disciplinary segregation only on order of the Institutional
Disciplinary Panel. The order must be sent to the detainee within 24 hours of being
entered. 210 Detainee status must be reviewed every seven days. 211 Early releases require
approval from the officer-in-charge, and a detainee’s sanction cannot be extended as a
result of a review. 212 Detainees in disciplinary segregation may not be deprived of
clothing or bedding, except for medical or psychiatric reasons. 213 They are to be fed
according to the facility’s normal meal schedule, but may only use disposable utensils. 214
They must be allowed to shave and shower at least three times a week and are entitled to
recreation time. 215 They are entitled to legal documents, unless there are security
hazards, and are entitled to comparable (but not identical) library access. 216 Staff
reported that detainees sent to disciplinary segregation are held for fixed periods (not to
exceed 30 days) unless they receive the approval of the Assistant Director in the Los
Angeles office.
The Standards are vague about medical quarantines. The Standards simply provide that
(1) detainees should be screened upon arrival; (2) detainees with symptoms of
tuberculosis are to be placed in isolation and evaluated promptly; and (3) detainees with
communicable diseases should be isolated according to local medical procedures. 217
During our visit to the Mira Loma, our team visited the facility’s segregation area. All
segregated detainees are held in a separate building within the facility. Administrative
segregation at Mira Loma resembles protective custody. Accused “snitches,” for
example, may be placed in administrative segregation. Administrative segregation may
208
209
210
211
212
213
214
215
216
217

Standards, Ch. 31: Special Management Unit (Disciplinary Segregation), Sec. III.A.
Id.
Id. at III.B.
Id. at III.C.
Id.
Id. at III.D.9.
Id. at III.D.10.
Id. at III.D. 11 & 13.
Id. at III.D.15.
Standards, Ch. 24: Medical Care, Sec. III.D.

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also be imposed for medical reasons. Disciplinary segregation is imposed for infractions
of the facility’s policies and for other punitive reasons. Detainees held in either
administrative or disciplinary segregation are allowed an hour’s daily exercise.
A guard assigned to the segregation unit reportedly checks all cells approximately every
half hour. Detainees in administrative segregation have use of a small day room with a
television, newspapers, magazines and the like. Those held in disciplinary segregation
are confined to small cells, each with two steel bunks and a toilet. While grim, these
disciplinary segregation cells appeared adequate, and the specific cells available for
inspection were quite clean because they had just been painted. Doors to the cells have
small windows for the guards, as well has smaller doors through which food may be
passed or hands may be handcuffed. Meals are delivered to those in segregation.
In general, detainees reported few problems regarding segregation. Several of the
detainees with whom we spoke had been placed in disciplinary segregation. Some of
them expressed that they felt they had been treated fairly under the circumstances. 218
Indeed, one of the detainees reported that, when someone is sent to disciplinary
segregation, he may explain what happened to the Sergeant, who will release him if
convinced that the detainee did nothing wrong. 219 A couple of detainees, however,
reported that one of the detainees being held in disciplinary segregation during our visit
had been held there for 15 days simply because he had been unable to walk quickly after
twisting his ankle playing basketball. 220
The Mira Loma facility appears generally to be in compliance with Standards relating to
administrative and disciplinary segregation. Our discussions with a few of the detainees,
however, raised the issue of whether there may be circumstances under which detainees
are sent to disciplinary segregation for relatively minor infractions, or simply because
they have been misunderstood due to language barriers. As discussed below, given the
apparently large percentage of non-English-speaking individuals detained at Mira Loma,
our team has a general concern regarding both the potential for miscommunication and
the lack of resources available to non-English speakers.

9.8.

Immigration Court

We observed one of the immigration courtrooms during our tour of the Mira Loma
facility. It was furnished like any courtroom, with a bench, witness stand, counsel table
and seats for approximately twenty spectators. Detainees’ reports varied greatly as to the
218
219
220

Interview Memorandum by
Interview Memorandum by
Interview Memorandum by

b6
b6
b6

(July 5, 2002), p. 5.
(July 3, 2002), p.4.
(July 5, 2002), p. 13.

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amount of time they had to wait for hearings. A number of detainees also appeared to be
unaware of immigration procedures, the status of their cases, hearing dates and whether
or when they might be deported. 221

9.9.

Illiterate/Non-English Speaking Detainees

There do not appear to be many formal mechanisms in place at the Mira Loma Detention
Center to deal with illiterate and non-English speaking detainees. It does not appear that
there are any restrictions upon the ability of detainees to request assistance from other
detainees or from pro bono organizations. In fact, two members of our team interviewed
two non-English speaking, Chinese detainees by having a third Chinese detainee act as
interpreter. Nonetheless, our team believes that, given the large number of Latino and
Chinese men detained at the facility, it would be helpful if additional materials could be
prepared in these languages and/or if the Sheriff’s Department could make an effort to
assign personnel who are bilingual in these languages.
10.

CONCLUSION

We observed some deviations from the Standards (often, it appeared, when the Standards
differ in minor ways from the Los Angeles County Sheriff’s standard procedures), and
identified some areas for attention and improvement; but overall, Mira Loma appears
well run. We commend INS and the Los Angeles County Sheriff’s Department for their
generally professional operations and humane conditions.
No one can alter the geography, but all concerned should review procedures to encourage
visits (despite the distance from metropolitan Los Angeles), pro bono or other effective
legal representation, and other community support (such as group rights presentations).

221

Interview Memoranda by
and 8 and
(June
b6

b6

(July 3, 2002), p. 7,
1.

b6

(July 5, 2002), pp. 1-2

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