Facility Name: Mira Lorna Detention Center, Lancaster, California
Date of Tour:

Detainee Services Standards unless otherwise indicated. Issues are generally listed in the order in which they appear in the Report.

ICE Standard*

Delegation Report

1. I Standard 16, Telephone Access
• I. Facilities holding lNS detainees shall permit them to
have reasonable and equitable accesS to telephones.

2.

3.

Standard 16, Telephone Access
• 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 ifthere 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 at no charge to the detainee or
the
Standard 16, Telephone Access
IIU. 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.

ICE Response

Detainees complained of the expense of phone
calls from the barracks' phones. One detainee
indicated that a calling card purchased for ten
dollars was not enough to make a ten minute

•

•

•

•

Free calls to consular offices and pro bono
attorneys may be made through inmate
services on a phone near the library. (p.8 ~3)
However, detainees were unaware that they
could use the inmate services phone for these
free calls. (p.9 ~l) Rather, the Detainees
believed that a calling card or a collect call
must be used for these
The delegation observed that it may be hard
for a detainee to have a phone conversation
that would not be readily overheard by other
detainees or facility staff. (p.9 ~2) One
detainee complained that the phones do not
provide any privacy for conversations and that
the other detainees listen when someone
call. (p.9 ~2)
that the inmate
the library could be used
for private phone conversations if requested.
(p.9 ~2) However, the inmate services phone
is near the desk of a staff member and would
not provide privacy. (p.9 ~2) Further,
detainees were unaware that they were
allowed to use this phone. (p.9 ~2)
The inmate services phone was out of order
during the delegation visit and could not be

Delegation
observation

9/612006

ABA Commission on Immigration - Detention Standards Implementation Initiative

1

4. I Standard 16, Telephone Access
• IlLL The facility shall take and deliver telephone
to detainees
5. I St~dard 18, Voluntary Work Program
• 1. Every facility with a work program will provide
detainees the opportunity to work ~d earn money.

•

•

The Center does not allow detainees to
receive phone messages from attorneys or
unless it is an
have the opportunity to
in a voluntary work program. (p.19 ~5)
The detainees who participate in the program
are not paid. (p.20 ~1) However, they receive
special privileges: they live in a special
barracks with large-screen televisions and
extra vending machines, receive special
meals, and are offered extra visiting hours.

9/6/2006

ABA Commission on Immigration - Detention Standards Implementation Initiative

2

Office ajDefenlion and Remov(!/ Operl!Iiolls

U.S. Department of Homehlnd Sel'tltity
Mira Lorna Detention Facility
45100 N. 60". Street West
Lancaster, ell. 93536

U. S. Immigration
and Customs
Enforcement
October 20, 2006
MEMORANDUM FOR: KENNETII W. COX
Assistant Field Office Director
Lancaster, CA.

FROM:
Acting Assistant Officer in Charge
Mira Lorna Detention Facility

SUBJECT:

Delegation Observation Report of Mira Lorna Detention Facility
502130-0027 (July 17,2006)

Upon being provided a copy of the report, the Acting Assistant Officer in Charge reviewed the
recommendations and items indicated as needing corrective action.
On July 17, 2006, representatives from the Latham & Watkins Legal Firm visited the Mira Lorna
Detention Facility. They presented a report outlining the issues they perceived as needing action.
The scope of their review covered all aspects of detention and followed the ICE Detention
Standards. The issues in review were: (1) Telephone Access; (2) Voluntary Work Program.
The following issues were determined to be under the control of the Los Angeles County
.Sheriffs Department.

On Telephone Access, both ICE and the Los Angeles County Sheriffs Department ( LASD)
have been working on resolving the issues previously identified.
The first issue under telephone access is the costs associated with the use of the telephone calling
card. The LASD and ICE have been aware of the problem relating to the telephone cards and
continue to seek a resolution that is acceptable to the detainees within the facility. A solution will
require the coordinated efforts of the LASDand the telephone company that is under contract with
the LASD. The current contract that the LASD entered into involves all facilities that the LASD
operates. A means to provide a viable solution either within the current contract or an addendum to
the contract for the purpose ofproviding lower costs for calling cards is complex in its scope and to
date has not been resolved.

Delegation Observation Report of Mira Lorna Detention Facility
502130-0027 (July 17,2006)
Page 2
.
The second issue is the detainee awareness of use of the telephones for indigent detainees to be
able to contact pro bono legal services and their consular office. The ICE staff will, during routine
daily interviews provide the information the detainees of the availability oftelephones for use to
contact the consulates and pro bono services. In addition, the LASD staff will post the notices
throughout the barracks of the phone use for consular contact and pro bono services.
The third issue is that the delegation observed the detainees to not have the ability to have private
telephone conversations that cannot be overheard by staff or other detainees. The'LASD and ICE
. have provided a sufficient number of phones for daily use and have additionally provided the use of
ICE telephones in emergent situations to afford detainees private telephone conversations. It is also
the responsibility of both ICE and the LASD to provide a safe and secure environment for the
detainees. In order to accomplish the request for more privacy in telephone calls, barriers or
isolation areas would have to be created. This would compromise the safety and security ofthe
detainees. The standard indicates "a reasonable number of phones which detainees can make such
calls without being heard by officers, other staff or other detainees". Theavailable number and
location of telephones and emergency procedures in place fulfill the standard, it is both cost
prohibitive and a compromise in security to effect changes as requested by the report.
The forth issue of immediate message delivery has been resolved through discussions between
the agencies. The Los Angeles Sheriffs Departmenthas issued instructions to its staff in the form of
post orders to forWard all requests to deliver messages to the ICE office phone general telephone
number. The person desiring to leave the message is directed within the system to forward the
message to the appropriate officer. The ICE staff has daily interaction with the detainees and will
provide routine messages on a daily, emergency messages will be provided as rapidly as possible.

Voluntary Work Program
The issue presented is that the opinion of the delegation was that the detainees should receive
payment in the form of the standard of one dollar ($1.00) a day for work performed, In reviewing the
standard, the subsection K. Compensation, states, "Detainees shall receive monetary compensation
for workcompleted in accordance with the facility's standard policy In SPCs/CDFs, the stipend is
$1.00 per day, to be paid daily n. The policy within the facility exceeds this provision although it is
not specified as applicable to IGSA's. While the detainees do not receive payment in the form of one
dollar a day, payment is rendered in the following, Detainees are housed in barracks that provide
additional recreation time, special meals are provided, and enhanced services are provided within the
barracks in the form oflarge screen televisions and vending machines. The privileges provided
exceed the stipend required. In addition, the delegation indicated that all of the detainees interviewed
indicated this to be more than satisfactory. To remove the incentives and replace them with the lesser
standard Of $1.00 a: day would be counterproductive and is not in keeping with the facilities desire to
exceed wherever possible, the ICE Detention Standards.

Delegation Observation Report of Mira Lorna Detention Facility
502130-0027 (July 17,2006)
Page 3
In conclusion, the facility has been previously visited by delegations from Latham & Watkins
and sought to implement areas identified as needing corrective action, The Immigration and
Customs Enforcement staff and the Los Angeles County Sheriff's Department staff remain
committed to providing superior care to the detainees within custody in the Mira Lorna Detention
Center, The periodic reviews by Latham & Watkins and other entities provide .the facility with an
unbiased review from an outside entity, These reviews have provided the facility with the
opportunity to take steps to ensure that it is in compliance with current regulation and policy with the
goal to meet or exceed the standards. Within the Mira Lorna Detention facility, the ICE Detention
Standard is in continuous review and areas identified as needing correction are identified and
addressed.
.

650 Town Center Drive. 20th Floor
Costa Mesa. California 92626-1925
Tel: (714) 540-1235 Fax: (714) 755-8290
www.lw.com

LA TH AM &W AT KIN 5 LlP

MEMORANDUM

FIRM J AFFILIATE OFFICES
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Washington. D.C.

August 1,2006

CONFIDENTIAL
To:
From:
File no:
Copies to:
Subject:

I.

John P. Torres, Acting Director, Office of Detention and Removal, Immigration and
Customs Enforcement
.
American Bar Association Delegation to the Mira Lorna Detention Center1
50213
Commission on Immigration
Report on Observational Tour of the Mira Lorna Detention Center, Lancaster,
California
.

INTRODUCTION

On July 17, 2006, our delegation of one attorney and four summer clerks from
Latham & Watkins LLP's Orange County office visited the Mira Lorna Detention Center in
Lancaster, California (the "Center"). The Los Angeles County Sheriff's Department operates the
Center for
and Customs Enforcement ("ICE")? We spoke extensively with Deputy
of the Special Projects Unit of the Los Angeles County Sheriffs Department,
us with a tour of the Center and arranged for us to interview four immigration
detainees?

2 The Mira Lorna Detention Center was previously operated by' the Sheriff's Department for the Immigration and
Naturalization Service ("INS"). As of March 1, 2003, the INS ceased to exist as an agency ofthe Department of
Justice. The immigration enforcement functions of the INS were assigned to ICE, an investigative bureau within the
Department of Homeland Security ("DHS").
3 Prior to our visit,
the Catholic Legal Immigration Network, Inc.
the date of our visit, we were informed that two
(CLINIC) provided
of the detainees were no longer at the facility. We ultimately interviewed four of the detainees that CLINIC had
identified for us.

OC\831172.2 .

LATHAM&WATKINSLlP
The purpose of our visit was to observe the Center and compare its procedures to
the Immigration and Naturalization Service Detention Standards (the "Standards"). More
specifically, we focused on those Standards regarding legal access (access to visitors/attorneys
and legal materials) and living conditions. This memorandum summarizes and evaluates the
information gathered by our delegation regarding the Center's operating procedures.
II.

EXECUTIVE SUMMARY

Based on our observations and interviews, the staff at the Center has made
substantial efforts to familiarize themselves with the Standards. Officers also seem to make
attempts to address detainees' concerns and to offer additional services above and beyond those
required by the Standards. Overall, the Center appeared well-run, clean, and secure. From our
observations, the staff was extremely professional and humane.
With regard to visitation, access to the law library and legal materials, group rights
presentations, recreation and classes, medical issues, religious issues, and most additional
miscellaneous issues, the Center appears to meet the Standards.
With regard to the Detainee Handbook ("Handbook"), , we are pleased to learn that
an update effort is in progress given that the current text is out of date.
With regard to telephone access, we became aware of the following concerns that
need to be addressed: (I) lack of adequate privacy for detainee phone conversations; and (2)
detainees' lack ofawareness of how to use the phones.
With regard to the Voluntary Work Program, we became aware of the fact that the
Center does not pay its volunteers as required by the Standards; however, the current alternative
incentive system seems to be well received and has not generated any complaints.

m.

DETENTION STANDARDS

In November 2000, the Immigration and Naturalization Service ("INS")
promulgated the Detention Standards, which are contained in its Detention Operation Manual.
The Standards were created to ensure the "safe, secure and humane treatment of individuals
detained by the INS." The 38 Standards encompass a broad range of issues, from visitation
policies to food service to grievance procedures. The Standards are meant to establish minimum
guidelines for treatment of irnmigrationdetainees; they are not intended to place a ceiling on
treatment requirements.
After providing general information, this memorandum evaluates whether the
Center meets these Standards in the following areas: (1) Visitation; (2) Telephone Access; (3)
Access to the Law Library and Legal Materials; (4) Group Rights Presentations. The group also
examined the Standards relating to: (1) Recreation and Classes; (2) Medical Issues; (3) Religious
Issues; and (4) Additional Issues.

2
OC\83 1172.2

LATHAM&WATKINSLlP

IV.

EVALUATION OF WHETHER FACILITY MEETS STANDARDS

A.

General Information
1.

The Facility

The Center is located in Lancaster, California. Lancaster is a city with an estimated
population of 134,000 and is located in Antelope Valley near Palmdale, approximately 80 miles
north of Los Angeles.
The Center consists of 17 barracks, a recreation center, library, classroom, mess
hall, and inflrmary.4 Each barrack has 64 beds, four telephones, and two televisions that provide
six channels in . languages that include English, Spanish, and Armenian. 5 There is also an
administrative building, three Executive OffIce for Immigration Review courtrooms, and a
central building that holds the main guard center and visitation rooms.
2.

Detainee Population

The current population of the Detention Center is 899; all detainees at the Center are
detainees had served jail time with the
adult male aliens.6 According to Deputy
state or county before arriving at the
ethnic group represented at the Center
is Latin American, with a variety of other ethnic groups making up the remainder, including
us that the average length of stay for the
Chinese and Armenians.7 Deputy
detainees varies greatly on a
Detainees can be in the Center for a couple of
days if they sign a waiver and agree to be returned to their native country, or for a couple of
8
years if they opt to seek asylum.
Deputy
us that every detainee receives a Detainee Handbook
10
9 The
IS available in English, Spanish, Chinese and Arabic.
Deputy
indicated that the Handbook is out of date (though it is in the process of being
and that most detainees learn basic information from an orientation video broad casted
twice per day in the barracks.

4

Interview with Deputy

5

Interview with Deputy

.. 6 Interview with

Deputy

7

Interview with Deputy

8

Interview with

9A
10

copy of the ..,." .....u,_"

attached hereto as Exhibit A.

Interview with

3
OC\831172.2

LATHAM&WATKINSup
B.

Visitation
1.

Attorneys

The Standards provide that facilities holding immigration detainees shall permit
authorized persons to visit detainees and that such facilities should encourage visits from family
and friends. These holding facilities should also permit private meetings with a detainee and his
legal representative or legal assistant.!1 In order to properly facilitate visitation with detainees,
an immigration detention facility shall provide written visitation procedures-including a
schedule and hours of visitation-to the detainees within the Detainee Handbook, post this
information where detainees can easily see it, and provide this information to the public in
written form and telephonically.12 Legal visitation shall be permitted seven days a week,
including holidays, and shall be for a period of eight hours per day during the week and four
hours per day on weekends. 13 Persons allowed to visit include attorneys and other legal
representatives, including legal assistants; legal assistants may visit with detainees upon
presentation of a letter of authorization from the legal representative under whose supervision the
legal assistant is working.!4 All lawyers and assistants must provide identification prior to each
visit. I5 They may not be asked to state the legal subject matter of the meeting and shall not be
subject to search of their person or belongings at any time.!6
Meetings between a detainee and his attorney or legal representative shall be
confidential and not subject to auditory supervision.I? Such meetings shall be held in private
consultation rooms and an officer shall not be present in the room, unless requested by the
attorney, although officers may visually observe such meetings through windows or a camera. 18
Prior to a visitation bya legal representative, if standard operating procedures require strif
searches, the facility must provide for noncontact, confidential visits with legal representatives.!
The Center meets this Standard. During our tour of the Center, we observed the
attorney visitation room and the general visitation room as well as the posted schedule of
visitation hours, rules and regulations. The Center has one attorney visitation room that is
located directly across from the main guard control room. While we were checking in at the
control room, an attorney visit was in progress. The room has windows on two sides, which
allows the staff to visually observe the room from either the control room/hallway or the main
visitation room. The room was furnished with chairs and appeared to be an adequate size. The
11

Detention Operations Manual, Detainee Services, Standard 17, Section I.

12

Detention Operations Manual, Detainee Services, Standard 17, Section lILA.

i3

Detention Operations Manual, Detainee Services, Standard 17, Section III.1.2.

14

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.3.a-c.

15

Detention Operations Manual, Detainee Services, Standard 17, Section IILL4.

16

Detention Operations Manual, Detainee Services, Standard 17, Section III.IA.

17

Detention Operations Manual, Detainee Services, Standard 17, Section III.L9.

18

Detention Operations Manual, Detainee Services, Standard 17, Section 111.1.9.

19

Detention Operations Manual, Detainee Services, Standard 17, Section m.l.1l.

4
OC\831!72.2

LATHAMaWATKI NSLLP

staff ensured that the detainee was seated in a specific seat, which would allow individuals to
check on the detainee during the meeting; yet with the door closed, the staff could not hear any
of .the conversation. The room provided the necessary privacy for attorney-client conversations
in a comfortable forum and maintained the expected level of security for the staff.
.
If the attorney visitation room is already occupied, an attorney may meet with
hislher client in the general visitation room. 20 The general visitation room is a large room with
long benches separated by glass partitions?! Attorneys may meet with their clients across the
glass partitions using phones, or the attorneys may meet with clients face-to-face within a set of
glass partitions if a contact meeting is preferred?2 The detention facility staff has a separated
glass viewing room to oversee any conversations in the large room?3 This viewing room is
sufficiently separated from the conversation areas to provide t h e '
·vacy?4 Attorney
visitations in the room are confidential, and according to Deputy
attorney-client
meetings are held in the general visitation room rather than the attorney visitation room because
the attorney visitation room is rarely overbooked?S Our delegation observed that the hours of
visitation and a poster containing visitation rules and regulations are posted in the visitation area,
the entrance to the barracks, and the library?6

Attorneys and other legal representatives are permitted to visit their clients 24 hours
a day, 7 days a week?7 Attorneys must show their bar cards upon arrival.28 Legal visitations are
. allowed for paralegals and law students as long as they present a letter confrrming the visit on an
active attorney's letterhead?9 An attorney or other legal representative does not need to call
ahead to schedule an appointment, although most do 30
visits are contact visits,
ed us that detainees are
although non-contact visits may be requested?! Deputy
only subject to physical searches if a reasonable bel·
contraband was exchanged
during the legal visitation?2 In most cases, no search is necessary; if a search is necessary, a pat-

23

Delegat.ion nnOPTU,.ttm

24

Delegation ··"h~P.rvlltjot

5

OC\83!!72.2

LATHAM&WATKI NSLLP

down is usually sufficient. 33 The attorney visitation policy is exactly the same as stated above
for detainees that are held in administrative or disciplinary segregation?4

2.

Family and Friends

According to the Standards, immigration detention facilities should establish a
visiting schedule based on detainee population and visitation demand, but in any case should
permit visitation during set hours on Saturdays, Sundays and holidays.35 Visitations should be
36
for a minimum of 30 minutes. Visitation should take place in a secure but comfortable area,
and all visits should be quiet and orderly.37
The Center meets this Standard. Outside the Center, visitors are provided with a
comfortable space to wait in before meeting with detainees. 38 This waiting space includes
restrooms, a vending machine, chairs and benches, and a cool water mister.39 Inside the Center,
we observed a general visitation room that was large, open and able to hold a maximum of 70
40
detainees at one time. The room was furnished with individual stools on either side of a glass
partition.41 Detainees could converse with visitors through phones connected through the glass
partition.42 It was explained to us that detainees are led in on one side after the families are
seated and that a detainee may meet with up to two visitors at once during his allowed visitation
time. 43 Guards are positioned inside a glass viewing room located in the room slightly above
ground level in order to observe the visits.44 The visitation room appears to be adequately
comfortable, spacious, and private.45
Family and friends are able to visit detainees at the Center from 7:00 a.m. until 3:00
p.m. on Saturdays, Sundays and holidays.46 Generally, all visitation requests are granted,
including those by minors and unrelated friends. 47 All detainees that were interviewed reported

33

Interview with

34

Interview with

35

Detention Operations Manual, Detainee Services, Standard 17, Section III.H.I.

36

Detention Operations Manual, Detainee Services, Standard 17, Section III.H.I.

37

Detention Operations Manual, Detainee Services, Standard 17, Section III.G.

38

Delegation observations.

39

Delegation observations.

40

Delegation observations.

41

Delegation observations.

42

Delegation observations.

45

Delegation nhop,",,,,t1O'

6
OC\83 1172.2

LATHAM&WATKI NSLLJ>

knowing of the visitation hours and policies.48 Each detainee has a maximum of one hour of
visitation time per weekend or per holiday to ensure that every detainee has time to visit;
however, this rule is relaxed if there is room to accommodate a longer visit.49 Detainees who
take on work positions are allowed two hours of visitation time per weekend.5o During visits,
family and friends may leave money for the detainee. 51

C.

Telephone Access

The policy of the Standards is to permit "reasonable and equitable access to
telephones.,,52 Accordingly, the facility should allow access to telephones during waking hours,
and should provide at least one telephone for every 25 detainees. 53 Additionally, the facility
should not restrict the number or duration of calls, unless it is necessary for security purposes,
and even then, the time limit should be no shorter than 20 minutes.54 Detainees should be
permitted to make free calls to the local immigration court and the Board of Immigration
Appeals, to Federal and State coprts where the detainee is or may become involved in a legal
proceeding, to consular offices, to legal service providers, to a government office to obtain
documents regarding his case and in the case of a personal or family emergency or for an
otherwise compelling need. 55 A list of pro bono legal organizations provided to the facility by
ICE shall be posted by the facility prominently in each of the detainee housing units and other
appropriate areas. 56 Furthermore, the Standards require that the facility enable all detainees to
make calls to the INS-provided list of pro bono legal service providers and consulates at no
.
. .
57
charge to the detamee or recelvmg party.
The Standards provide that the facility should take and deliver telephone messages
to detainees. 58 If such call is an emergency, care should be taken to deliver the message as soon
as possible, and the detainee should be permitted to return the emergency call as soon as
59
reasonably possible.
Finally, the Standards require measures of privacy be put in place with regard to
telephone calls, especially those of a legal nature. The staff may not electronically monitor

anonymous detainee.
49

Interview with

50

Interview with

51

Interview with
LI"".<U11'~"

Services, Standard 16, Section 1.

53

Detention Operations Manual, Detainee Services, Standard 16, Section lIl.A, C.

54

Detention Operations Manual, Detainee Services, Standard 16, Section III.F.

55

Detention Operations Manual, Detainee Services, Standard 16, Section lILE.

56 Detention

Operations Manual, Detainee Services, Standard 17, Section III.L14.

57

Detention Operations Manual, Detainee Services, Standard 16, Section lIl.E.

58

Detention Operations Manual, Detainee Services, Standard 16, Section IlLL

59

Detention Operations Manual, Detainee Services, Standard 16, Section IlLl.

7
OC\831172.2

LATHAM&WATKI NSLLP

detainee phone calls relating to legal matters without a court order.60 Additionally, the facility
should maintain a sufficient number ofphones on which detainees can make calls without being
overheard by officers, staff, or otherdetainees.61
The Center does not meet this Standard; detainees are not aware that they may
make free calls to pro bono service providers and consulates; phones do not provide
privacy; and the Center does not take phone messages. Our delegation observed the barracks,
which can house up to 64 detainees, although there are usually fewer than 64 detainees in a
barrack at any given time. 62 Each barrack contains four phones, which is well within the ratio of
phones required by the Standards. 63 We did not specifically see any signs indicating a time limit
to phone calls, and
at least one detainee interviewed indicated that there
was no time limit to phone
the phones.64 The phones are
operated by pre-paid calling cards,
that phone cards were
65
, the
calling cards are not available at
available to be
the facility.66 Deputy
not aware of the purchase price or rates of use for these
-phone cards, but phone card prices were listed next to the. windows where cards could be
purchased during recreation time.67 Three detainees noted the high expense of phone calls from
the barracks' phones.68 One detainee indicated that a calling card purchased for ten dollars was
not enough to make a ten minute calL69 Another detainee said that the phone cards could not be
used for international calls to his home country of Guatemala because the value of the cards was
insufficient to complete such calls?O He said that everyone he knew used collect calls for
international calls,7! However, there were large posters advertising international calling cards
posted in the recreation hall near the window where other calling card information was posted.72
The phones are not pre-programmed for free calls to pro bono attorneys.73
According to Deputy Ruggiero, free calls to consulate offices and pro bono attorneys may be

60

Detention Operations Manual, Detainee Services, Standard 16, Section BU.

61

Detention Operations Manual, Detainee Services, Standard 16, Section IIU.

62

Interview with Deputy

63

Interview with Deputy

72

Delegation oh~,ervatlcm;

8
OC\831172.2

tATHAM&WATKINSLlP
made through inmate services on a phone near the library?4 Phone numbers for consular offices
and pro bono attorneys are provided to the detainees in group rights presentations and posted in
the library and on a bulletin board outside the door to the barracks.? However, detainees were
unaware of any ability to use the inmate services phone for free calls of this nature?6 Most
detainees interviewed believed that a calling card or collect call needed to be used to contact
these organizations?? The Center should provide detainees with a notice of their telephone
privileges and how they can use them. Since the Standards require the facility to enable such
calls at no cost to the detainees, perhaps instructions and numbers should be placed next to the
phones in the barracks to enable the detainees to make use of this opportunity.
The Center does not actively monitor phone calls made by the detainees.78 One
detainee stated that the phones do not provide any privacy for conversations and that the other
detainees listen when someone makes a phone call.?9 Observations during the tour seemed to
indicate that it may be hard for a detainee to have a phone conversation that would not
overheard by other detainees or facility staff, as required by the Standards. 8o Deputy
indicated that the inmate services phone near the library could be used for private phone
conversations if requested, but even thi,s phone is near the desk of a staff member and would not
provide the type of privacy necessary for attorney-client communications. 8! Furthermore, most
82
detainees were unaware of the ability to use this phone.
We were unable to test this phone
because it was out of order during our visit. Perhaps the Center could offer a more private phone
use opportunity or better inform the detainees of how to use the inmate services phone near the
library, provided they are able to use them without a staff member nearby.
The Center's policies do not allow detainees to receive phone messages from
attorneys or others. 83 Deputy
that the Center generally does not take
84 He also indicated that attorneys usually visit
messages for detainees unless it
in person and do not attempt to leave messages. In the case of an emergency,staff members
taking the message need to obtain approval from ICE before delivering the message to a
detainee. 85 Since the Standards provide that messages should be delivered to detainees as

74

Interview' with

75

Interview with

76

Interviews with

77

Interviews with

78

Interview with

. 79

Interview with

U""'1U".""

80

Detention Operations Manual, Detainee Services, Standard 16, Section IlLJ.

81

Interview with Deputy

83

Interview with

84

Interview with

85

Interview with

9
OC\83!!72.4

LATHAM&WATKI NSup
promptly as possible, the Center's policies in this regard need to be improved in order for the
Center to fully comply with the Standards.86
.

In general, the Center is doing a good job of providing reasonable acceSS to
telephones. However,additional steps can be taken in order to better meet the Standards. The
Center should provide a way for detainees to make private calls to attorneys and better inform
the detainees of their telephone privileges, especially regarding free calls. If proper facilities
were provided, detainees would be better able to work with pro bono attorneys OVer the phone.
Furthermore, the Center should work to meet the Standards with regard to taking messages for
the detainees, even in non-emergency situations.

D.

Access to the Law Library and Legal Materials
1.

Library Access

The Standards require each facility to allow all detainees access to a law library,
regardless of their housing or classification. 87 Facilities must permit detainees to use the library
88
a minimum offive hours per week.

The Center meets the requirements ofthis section of the Standards. The library
is open five days a week, Monday through Friday; it opens at approximately 8:00 a.m. and
typically closes between 2:30 p.m. and 4:00 p.m., depending on when the librarian leaves for the
day.89 Detainees have up to three hours of recreational time every day, which they can choose to
spend in the library.90 Although library hours of operation are not posted anywhere outside the
library, one detainee that we interviewed stated that he was aware of the library's hours. 91
According to the librarian, detainees will be allowed to remain in the library for longer periods of
time ona case-by-case basis, especially if the additional time requested is for legal research. 92
The librarian has the discretion to grant or deny such requests for additional library time. 93 The
librarian stated that she grants such requests for additional time "fairly freely.,,94

86 Detention Operations Manual, Detainee Services, Standard 16, Section 111.1.
87
88

Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
Detention Operations Manual, Detainee Services, Standard 1, Section III.G .

. 89

Interview with

90

Interview with

91

Interview with

93

Interview with Center librarian.

94

Interview with Center librarian.

10
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LATHAM&WATKINSLLP
The Center allows detainees who are held in disciplinary or administrative
segregation to access the library.95 They are escorted to the library and permitted to use all of its
resources. 96
2.

Library Conditions and Holdings

Detention facilities should provide detainees with legal research and writing
materials that are sufficient for detainees to prepare legal documents. 97 Specifically, facilities·
shouid allow detainees access to a law library with up-to-date immigration-related legal
materials.98 The library should contain a sufficient number of tables and chairs and be
reasonably well lit and isolated from noisy areas. 99
Detainees at the Cent.erbave access to a law library that appears to meet the
Standards. The library is well lit and has three large tables with chairs to seat up to twelve
individuals.
The library appeared to hold a substantial collection oflegal materials. While we
did not have adequate time to crosscheck the library's materials with those listed in the
Standards, we observed many of those texts that the Standards require. Among the materials
provided were: Matthew Bender Immigration Law and Procedure treatise, the United States
Code Title VII, the Federal rules of Civil Procedure, a number of the Nutshell treatises, legal
dictionaries, West's Annotated California Codes, and English and Spanish versions of the
Florence Project's Know Your Rights packet.
3.

Computer Access and Equipment

The Standards require that Facilities provide an adequate number of computers
and/or typewriters to enable detainees to prepare legal documents. IOO The library should also
provide detainees with other writing supplies, such as pens, pencil and paper. 101
The Center meets this section of the Standards. There are six computers in the
law library and they appeared to be in working condition. One detainee interviewed said that he
was aware of the computers and that he knew of others having successfully used them; however,
102
he had never attempted to use them himself.

95

Interview with

96

Interview with

97

Detention Operations

9.8

Detention Operations Manual, Detainee Services, Standard 1, Section L

99

Detention Operations Manuill, Detainee Services, Standard 1, Section lILA.

100 Detention

Services, Standard 1, Section III.B.

Operations Manual, Detainee Services, Standard 1, Section III.B.

101

Detention Operations Manual, Detainee Services, Standard 1, Section III.B.

102

Interview with

11
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LATHAM&WATKI NSL'P
The librarian provides detainees with pens, paper, and pencils upon request. I03 One
detainee interviewed said he was aware of the equipment provided in the library and that he had
I04
previously requested and been given writing materials. According to this detainee, indigent
detainees may also receive free postage stamps and envelopes for legal materials that need to be
mailed. lOS He said the librarian will check to see whether the detainee has funds available to
him, and ifhe does not, then she will provide him with the necessary mailing materials. I06

4.

Assistance from Other Detainees

Detainees should be allowed to assist other detainees in researching and preparing
legal documents without charge, except when such assistance presents a security risk. I07

The Center meets this section of the Standards. It permits detainees to help other
108
Detainees may not charge other detainees for
detainees research and write legal documents.
I09
their assistance.
5.

Photocopies

.
According to the Standards, detention facilities shall permit detainees to make and
retain photocopies oflegal materials. I 10 Detainees should be allowed enough copies that they
can satisfy court procedural rules and maintain a copy for their own records. I I I

The Center appears to meet this section of the Standards. The Center has one
photocopier for detainees' copying needs and the librarian handles requests for photocopies. I 12
Detainees may copy up to five pages per day.ll3 Detainees will be allowed more copies on a
case~by-case basis, to be decided by the librarianY4 The librarian indicated thatshe grants
·.
I copies
. fr eeIy. liS
add lt10na

ID3

Interview with

104

Interview with

. ID5

Interview with

ID6

Interview with

107

Detention Operations Manual, Detainee Services, Standard 1, Section III.K.

ID8

Interview with

109 Interview

with

110

Detention Operations Manual, Detainee Services, Standard 1, Section IIIJ.

1Jl

Detention Operations Manual, Detainee Services, Standard 1, Section HU.

112 Interview with
113

Interview with

114

Interview with

12
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LATHAM&WATKJ NSLLP

While detainees are not allowed to save materials on diskettes, they are allowed to
print an unlimited number of documents from the computers. I 16 Detainees may store their
.
. .m·th elr
. barracks. 117
prmtouts
and ph otocoples
E.

Group Rights Presentation

Facilities must permit "authorized persons" to make presentations to detainees
informing them of United States immigration laws and procedures. I 18 These presentations are to
be announced to detainees on informational posters prominently displayed in the housing units at
least forty-eight hours in advance of the presentation. 119
The Center meets this section of the Standards. According to Deputy
the Florence Project's Know Your Rights video is broadcast in the housing units twice
day.12o The broadcasts are announced in advance and are played on at least one of the televisions
in eachbarrack. 121 The presentations are played in English and Spanish, and the Center is
currently working to accommodate inmates' requests to offer Chinese as well. 122 Group rights
presentations are given to detainees three times per week on Mondays, Wednesdays and
Fridays.123 We were not able to determine how or when detainees are informed of group rights
presentations. At least one inmate interviewed indicated he knew of such presentations and had
attended them.124
F.

Recreation and Classes

1.

Recreation Activities

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.,,\25 Every effort is to be made to provide outdoor recreational facilities

116

Interview with

117

Interview with

118

Detention Operations

119

Detention Operations Manual, Detainee Services, Standard 9, Section III.C.

120

Interview with

121

Interview with

122

Interview with

Services, Standard 9, Section 1.

....a'J'v•• "

Legal Services Network. Interview with Detainee

1241nterview with
. 125

Detention Operations Manual, Detainee Services, Standard 13, Section 1.

13
OC\83 I 172.2

LATHAM&WATKINS'L?

with access to sunlight: 126 "Each detainee shall have access to outdoor or indoor recreation for at
least one hourciaily, five days a week.,,127
The Center generally appears to meet this Standard. Deputy
that detainees are typically given recreation time, or "yard time," twice a day for an hour each
time. 128 The majority of detainees with whom we spoke verified this, although they pointed out
that the scheduling of yard time was often unpredictable, and that there would occasionally be
days when there was no yard time at all. 129 . Those detainees who have been segregated from the
rest of the population are given a minimum of one hour of yard time per day up to seven days per
week. 130 Detainees who have been segregated are given access to the same activities as the rest
l3l
of the population.
The ''yard'' is a large, fenced-in complex containing paved and grassy segments. 132
There is a track for running, basketball and volleyball courts, facilities for soccer, and a series of
pull-up bars. 133 Additionally, the Center has indoor recreational facilities in which there is a
large space where detainees may watch television, movies, and play cards. 134 Also within this
area there are what the staff referred to as "stores," from which detainees may buy envelopes,
135
Detainees have access to a television within each of their
stamps, and other personal items.
barracks. 136 Even when detainees are not engaged in yard time, the Center is considered an
"open compound" such that detainees have access to the grassy areas located outside of their
barracks. 13

2.

Classes

The Center provides a classroom with fifteen computers and allows any detainee to
attend classes. 138 These classes are computer-based and include English. as a second language
and coursework that will allow a detainee to receive his high school diploma. 139

126

Detention Operations Manual, Detainee Services, Standard i3, Section IlIA.

127

Detention Operations Manual, Detainee Services, Standard 13, Section III.B.

128

Interview with Deputy

130

Interview with

13l

Interview with .

132

Delegation observations.

133

Delegation observations.·

134

Delegation observations.

135

Interview with D .

137

Interview with

139

Interview with Center teacher.

14
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LATHAM&WATKINSLLP

G.

Medical Issues

1.

Access to Health Care

The Standards require that detainees have access to medical services promoting
their health and welfare. 14o Detention facilities must have regularly scheduled times when a
detainee may attend "sick call" to seek medical attention. 141 The number of "sick call" times
each week will depend on how large a populatiOll is present in the Center at the time. 142
The Center meets this Standard•. Deputy Ruggiero indicated that the Center is
considered a ''wellness facility," meaning that detainees with seriOus medical conditions or
diseases are not kept at the Center. 143 Mental health care services are not provided at the Center;
however, ICE will administer any psychological medications previously prescribed. l44 Medical
staff is available to serve detainees 24 hours per day seven days per week. 14s Most of the health
care services at the Center are contracted through the Los Angeles County Department of Health
Services and the High Desert Medical Group.l46
.
us that every detainee goes through a screening process
upon arrival, meaning
detainee is given a complete physical examination by registered
nurses after being stripped down to his underwear. 147 Also upon arrival, each detainee is asked
148
whether he is taking any medication. Any detainee with a medical problem may seek
assistance from a registered nurse or nurse practitioner every morning, Monday through Friday,
as a part of "sick call.,,149 The Center stores detainees' medication and offers a "pill call" three
times per day.to provide detainees with their medication. ISO There is also a doctor present at the
Center on various days; two to three doctors rotate through the Center each week. ISI If a
detainee is found to have a serious medical condition, that individual will be immediately
. Ils2
.
transporte d to a nearby hOSplta.

140

Detention Operations Manual, Health Services, Standard 2, Section 1.

141

Detention Operations Manual, Health Services, Standard 2, Section III.F.

142

Detention Operations Manual, Health Services, Standard 2, Section III.F.

143

Interview with Deputy

145

Interview with Deputy

146 Interview

with Deputy

147

Interview with Deputy

148

Interview with

149 Interview

with

lSI

Interview with Deputy

152

Interview with Deputy

15
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LATHAM&WATKI NSu.p

In the recreation hall and at least one of the barracks, information concerning skin
infections caused by methicillin resistant staphylococcus aureus (Staph) was posted. J53 And near
the library, contact information was posted for local doctors, who a detainee could pay to provide
l54
him with a physical exam.
The detainees interviewed knew about the medical care provided at the Center and
have never been denied medical attention. 155 One detainee said that medical visits are conducted
in English, but when explanation of procedures becomes necessary, an interpreter is brought
in. 156 Another detainee has had glaucoma treatment three times per day and has never
experienced any problems with his medical care. J57

2.

Access to Dental Care

A detainee can request that a dentist come to the Center to provide him with dental
.
care. 158 Any emergency dental work is done offsite under an officer's supervision. 159

3.

Hunger Strikes

When detainees hunger Strike, they are taken to separate housing and monitored by
160
registered nurses.

H.

Religious Issues

According to the Standards, detainees of different religious beliefs shall have
reasonable and equitable opportunities to practice their respective faiths. J61 These opportunities
shall exist "for all equally, regardless of the number ofpractitioners 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.,,162 Facilities should
also make reasonable efforts to accommodate dietary needs dictated by detainees' particular
religions. 163

153

Observation by delegation

155

Interview with de1:ain.ees

156

Interview with detainee

157

Interview with detainlee

158

Interview with

anonymous detainee.

159

Interview with

160

Interview with

161

Detention Operations Manual, Detainee Services, Standard 14, Section 1.

162

Detention Operations Manual, Detainee Services, Standard 14, Section 1.

163

Detention Operations Manual, Detainee Services, Standard 14, Section III.O.

16
OC\83 I 172.2

LATHAM&WATKI NSllP

The Center appears to meet the religion-related requirements of the Standards.
Chaplains that are authorized to practice or lead their respective faiths may visit the facility and
can lead services. l64 Currently, both Protestant and Catholic services are held within the Center
on a weekly, or sometimes biweekly, basis. 165 Detainees can also join weekly Bible study
classes. 166 Muslim detainees are permitted to leave their barracks to conduct morning and other
prayers, and they are permitted to keep their prayer mats and other religious items with them in
their barracks. 167 Furthermore, the recreation room contains multiple copies of the Old
Testament, the Koran, and religious newsletters and pUblications in English, Armenian, and
Chinese. 168
~f!Qlmrlatllons.169
The Center does not prohibit religious services of other
In fact, detainees are free to put in requests for other services. 170 Deputy
cated,
however, that chaplains or organizations representing other religions simply do not visit the
l7l
Center or are not available in the area.

Detainees with religious dietary needs are accommodated at the Center.
Specifically, the facility provides vegetarian meals to all who mention this need upon entering
the facility.172 These detainees are given yellow wristbands
will provide
vegetarian meals to whoever wears these wristbands. Deputy
.
that an inmate
who is caught eating meat will lose his wristband and no longer gIven vegetarian meals. 173

I.

Additional Issues
1.

Detainee Classification

The Standards call for detainees to be classified upon arrival before admission into
174
the main population.
Classification is to be performed by trained officers, and detainees are to
be kept in detention until all information necessary for the classification process is received. 175
The classification is based upon security risk, and detainees' security classification must be

174 Detention
175

Operations

Services, Standard 4, Section III.

Detention Operations Manual, Detainee Services, Standard 4, Section III.

17
OC\831172.2

LATHAM&WATKINS'LP

easily identifiable by color-coded uniforms or wristbands. 176 The Standards also bar "Level 1
detainees" (noncriminal detainees or nonviolent detainees guilty of petty offenses) from
interacting with "Level 3 detainees" (those convicted of aggravated felonies).177 Classification is
required in order to separate detainees with no or small crimirial records from inmates with
serious criminal records. 178 The Standards call for reclassification after 45 to 60 days and every
60 to 90 days thereafter. 179 Detainees should have the right to appeal their classification.18o
The Center meets this Standard. Although many ofthe detainees at the Center are
convicted criminals, the noncriminal detainee population is not separated from the criminal
population because all the detainees at the Center are considered minimal security risks. 181 To
to ethnicity to minimize ethnic
some extent, the detainees are separated and housed.
the Chinese are housed in a
friction. 182 Specifically, we were informed by Deputy
separate barrack from the
and our
Chinese barrack confirmed
this statement. 183 Deputy
us that the Chinese are segregated because the
detainees prefer it this way.
Detainees are not classified based on medical conditions, since
detainees with serious medical or psychological conditions are not housed at the Center. 185 All
detainees at the Center wear the same orange clothes, except for those in disciplinary segregation
who are given blue jumpsuits to wear.
2.

Accommodations

The Standards require that a facility have an excess clothing inventory of at least
186
200% of the detainee population.
Undergarments are to be exchanged daily; outer garments
are to be exchanged at least twice weekly with no more than 72 hours between exchanges.187
Bed linens are to be exchanged weekly.
The Center appears to meet the Standard regarding clean clothing and linens.
Our delegation viewed the laundry storage facility at the Center. The laundry facility appeared to

176

Detention Operations Manual, Detainee Services, Standard 4, Section TIl.B.

I77

Detention Operations Manual, Detainee ·Services, Standard 4, Section III.E.

178

Detention Operations Manual, Detainee Services, Standard 4, Sections III.A and lII.E.

179

Detention Operations Manual, Detainee Services, Standard 4, Section III.G ..

180 Detention

Operations Manual, Detainee Services, Standard 4, Section III.H.

181

Interview with

182

Inteniiew with

183

Interview with

184

Interview with

185

Interview with b

186

Detention Operations

187

Detention Operations Manual, Detainee Services, Standard 10, Section III.E.

1elf:gatlon observations.

Services, Standard 10, Section lILA.

18
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LATHAM&WATKI N SLLP
be well-supplied and the delegation was told that the Center had an ample supply of clothing and
linens. 18S
3.

Dietary Requirements

The Standards are vague on nutritional requirements, but dictate that food service is
to be run by a professional Food Service Administrator/ 89 assisted by a Cook Supervisor.190 The
Standards also note that custody and supervision of the kitchen is the responsibility of the food
service administrator/ 91 who is also responsible for providing "nutritionally adequate menus" for
the detainees. 192
The Center appears to meet this Standard. At the Center, detainees are provided
with three hot meals per day.193 The Center also provides special meals to accommodate
194
vegetarians, who wear a designated wristband.
Detainees can help prepare the food through
.
.
the voluntary work program.
l~

4.

Voluntary Work Program

The Standards. require that every physically and mentally able detainee have an
opportunity to work and earn money.196 Work assignments are to be made based on a detainee's
classification. 197 Qualified detainees cannot be denied work assignments on the basis of factors
such as race, religion, physical or mental handicap or national origin. 198 Supervisory officials
must consider the precise limitations of disabled individuals before rejecting them for particular
work assignments. 199 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?OO
The Center does not fully meet this Standard. Detainees are afforded the
opportunity to participate in a voluntary work program; however, contrary to the

188

Interview with

189 Detention

Operations Manual, Detainee Services, Standard 7, Section III.A.I.

190 Detention

Operations Manual, Detainee Services, Standard 7, Section IILA.2.

191

Detention Operations Manual, Detainee Services, Standard 7, Section IILB.I.

192 Detention

Operations Manual, Detainee Services, Standard 7, Section III.A.I.

193

Interview with Deputy

194

Interview with Deputy

195

Interview with Deputy

196 Detention

Operations

Services, Standard 18, Section lILA.

197

Detention Operations Manual, Detainee Services, Standard 18, Section lILA.

198

Detention Operations Manual, Detainee Services, Standard 18, Section: IILF.

199

Detention Operations Manual, Detainee Services, Standard 18, Section III.G.

200

Detention Operations Manual, Detainee Services, Standard 18, Section III.K.

19
0C\831172.2

LATHAM&WATKI NSu.p

Standards, the detainees are not paid?Ol Detainees who work at the Center receive special
benefits including living in special barracks with large screen televisions and extra vending
machines, receiving a special meal at least once a week, and being offered extended visiting
hours.202 While detainees appeared satisfied with receiving special privileges in lieu of payment
for their work, the Center should pay its volunteer workers to fully meet the Standards.
5.

. Grievance Procedures

The Standards aim for an informal resolution of most detainee grievances?03
However, each facility is required to have a formal written grievance process?04 The facilities
are to provide assistance for illiterate, disabled, and non-English speaking detainees?05 The
Standards prohibit retaliation against detainees for filing a grievance,2°6 and the facilities are
required to keep a record of grievances. 207 Further, the Standards require detainee handbooks to
provide an explanation of the grievance procedures and provide the opportunity to file a
complaint about officer misconduct directly with the JustiCe Department (including the phone
number and address)?08

The Center appears to meet this Standard. At the Center, detainees are able to
file a grievance by filling out a form,209 whiCh can be found in every barrack.2lO The detainee
then places the form in a lock box, which is checked b~ the officer on duty during every shift?!!
The Sheriffs staff reviews and records the complaints. !2 The grievances are then assigned to an
officer who will discuss the matter with the detainee, typically within two days of the grievance
form being filed. 213 If necessary, a translator is provided to translate the complaint or assist the
detainee when he is discussing the grievance with officers?!4 In the event a detainee wishes to

201

Interview with

202

Interview with

203

Detention Operations Manual, Detainee Services, Standard 5, Section lILA. I.

204

Detention Operations Manual, Detainee Services, Standard 5, Section IILA.2.

205

Detention Operations Manual, Detainee Services, Standard 5, Section III.A.2.6.

206

Detention Operations Manual, Detainee Services, Standard 5, Section III.D.

207

Detention Operations Manual, Detainee Services, Standard 5, Section II1.E.

208

Detention Operations Manual, Detainee Services, Standard 5, Section III.G.

209

English and Chinese copies of the Inmate Complaint Form are attached hereto as Exhibit B.

210 Interview

with

211

Interview with

212

Interview with

213

Interview with

214

Interview with

20
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LATHAM&WATKI NSLLP
appeal a decision made concerning his grievance, his appeal is sent directly to the Los Angeles
County Sheriffs Department Captain atthe Center.215
Two of the detainees interviewed had never filed a grievance, but were aware of the
process to do SO.216 One detainee noted that he had filed two grievance fonns after a vending
machine kept his money without giving him the item he intended to purchase, but he received no
217
response from anyone at the Center.
However, he was not very upset about not receiving a
response, and assumed the lack ofresponse was probably due to the small amount of money at
issue?18

6.

Segregation
a.

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 faciIity?19 Administrative segregation may also be used for J'rotective custody, for those
awaiting disciplinary hearings and for those in medical isolation?2 This fonn of segregation is
nonpunitive.221 Detainees in administrative segregation are to receive recreation privileges.222

The Center appears to meet this Standard. At the Center, administrative
segregation is used temporarily for detainees who pose a security risk to either other inmates or .
facility staff?23 Administrative segregation is also used to protect detainees for a multitude of
reasons, as well as to house detainees awaiting disciplinary hearings?24 Detainees in
administrative segregation are provided with recreation time as required by the Standards. 225
b.

Disciplinary Segregation

Disciplinary segregation is allowed only where alternative disciplinary methods are
inadequate?26 Detainees may not spend more than 60 days in disciplinary segregation for a

215

Interview with

216

Interview with anonymous detainee and

217 Interview
218

with

Interview with

219 Detention

Operations Manual, Security and Control, Standard 13, Section III.A.

220

Detention Operations Manual, Security and Control, Standard 13, Section IILA.

221

Detention Operations Manual, Security and Control, Standard 13, Section III.A.

222

Detention Operations Manual, Security and Control, Standard 13, Section IILA.

223

Interview with

224

Interview with

225

Interview with
and Control, Standard 14, Section IlLA.

21
OC\831172.2

LATHAM&WATKINSLlP

single incident, and the officer-in-charge must send written justification to the Assistant District
Director for Detention and Deportation to place a detainee in disciplinary segregation for over 30
days.227 Detainees maybe sent to disciplinary segregation only on an order of the Institutional
Disciplinary Panel; the order must be sent to the detainee within 24 hours of being entered.228 A
detainee's status. must be rev.iewed eveI?' seven days.229 D~tainees in d!sciplinary seg;egation
may not be depnved of clothmg or beddmg, except for medIcal or psychIatnc reasons. 30 They
are to be fed according to the facility's normal meal schedule, but may only use disposable
utensils. 231 They must be allowed to shave and shower at least three times a week· and are
entitled to recreation time.232 They are entitled to legal documents, unless there are security
hazards, and are entitled to comparable (but not identical) library access?33

The Center appears to meet this Standard. Disciplinary segregation is used at
the Center after a review process that includes an appearance before a Discipline Review
Board.234 The Board may impose a sentence ranging from one to thirty days, depending on the
severity of the offense.235 Detainees subject to disciplinary segregation are first taken to
administrative segregation pending a hearing?36 Following the disciplinary hearing, detainees
receive notice of any further punishment.237 The detainees in disciplinary segregation receive
238
The status of the detainee is reviewed every seven
recreation time in a segregated yard.
days.239
c.

Medical Quarantines

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 properly; and (3) detainees with communicable
diseases should be isolated according to local medical procedures?40

'127

Detention Operations Manual, Security and Control, Standard 14, Section lILA.

228

Detention Operations Manual, Security and Control, Standard 14, Section III.B.

229

Detention Operations Manual, Security and Control, Standard 14, Section IILC.

230

Detention Operations Manual, Security and Control, Standard 14, Section IILD.9.

231

Detention Operations Manual, Security and Control, Standard 14, Section III.D.lO.

232

Detention Operations Manual, Security and Control, Standard 14, Sections III~D.11 and 13.

233

Detention Operations Manual, Security and Control, Standard 14, Section IIID.1S.

234

Interview with

235

Interview with

236

Interview with

237

Interview with

238

Interview with

239

Interview with
Services, Standard 2, Section III.D.

22
OC\831172.2

LATHAM&WATKI NSup
The Center appears to meet the section of the Standards regarding medical
.
segregation is used at the discretion of the
segregation. According to
medical professionals deem medical segregation to
medical professionals at the Center.
be appropriate, it will be used.242 Individuals that are seriously ill or have communicable
diseases are transferred to another facIlity because the Center is not equipped to house those
detainees?43
7.

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.,,244
The Center meets this Standard. ICE has a sizeable on-site presence at the
Center?45 No ICE visitation schedule is posted?46 Instead detainees can simply submit a request
to meet with ICE and they are usually able to do so within a couple days of completing the
request form. 247 Request forms are available in the barracks and are pre-screened by staff prior to
ICE-related complaints/requests being re-routed to ICE?48
8.

Detainee Transfers

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?49 The Standards require ICE to notify a detainee's legal representative of record
5o
that the detainee is being transferred.2 Indigent detainees will be permitted to make a single
domestic telephone call at government expense upon arrival at their final destination; nOllindigent detainees will be permitted to make telephone calls at their own expense.251 Records
including the de~inee's Alien File ("A-file") and health records (or transfer summary for
252
IGSAs) must accompany the detainee.
Prior to transfer, medical personnel must provide the
transporting officers with instructions and any applicable medications for the detainee's care;

241

Interview with

. 242

Interview with

243

Interview with

244

Detention Operations Manual, Health Services, Standard 15, ~ection I.

245

Interview with

246

Interview with

247

Interview with

248

Interview with

249

Detention Operations

250

Detention Operations Manual, Security and Control, Standard 4, Section lILA.

251

Detention Operations Manual, Security and Control, Standard 4, Section III.G.

252

Detention Operations Manual, Security and Control, Standard 4, Sections III.D.l and III.D.6.

copy of the Detainee Request Form is attached hereto as Exhibit C.

and Control, Standard 4, Section I.

23
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LATHAM&WATKI NSup

medications must be turned over to an officer at the receiving field office?53 A detainee's legal
materials, cash, and small valuables shall always accompany the detainee to the receiving
+: ·1·Ity; 1
1acI
arger·Items may b e sh·Ipped .254
The Center generally appears to meet this Standard. When a detainee is
transferred from the Center, his attorney and family are contacted.255 His property, including
cash, medical records and legal materials, is sent with him; his medication is bagged and sent
separately.256 Upon arrival at the Center, detainees are able to make a domestic telephone call if
they are indigent. 257 One detainee stated that he was forced to make a collect call upon arriving at
the Center, which he felt was "too expensive.,,258
V.

CONCLUSION

Although the Center satisfies almost all of the Standards, it could make several
improvements: .
The Center should implement certain changes to bring it into compliance with the
Standard sections regarding telephone privacy, message delivery, and access to free telephone
calls to consular offices and the free legal service providers. The Center should also provide
detainees with additional instructions on how to use the phones.
The Center should pay those who participate in the voluntary work program.

253

Detention Operations Manual, Security and Control, Standard 4, Section III.D.D [sic].

254

Detention Operations Manual, Security and Control, Standard 4, Section III.E.

255

Interview with

256

Interview with

257

Interview with

258

Interview with

24
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