MEMORANDUM
May 19, 2009
To:

James T. Hayes, Jr., Director, Office of Detention and Removal, Immigration and
Customs Enforcement
From:
American Bar Association Delegation to the Monroe County Detention Center
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Copies to:
ABA Commission on Immigration
Subject:
Report on Observational Tour of the Monroe County Detention Center, Key
West, Florida
The purpose of this memorandum is to summarize and report information obtained during
the delegation's August 2, 2007 visit 1 to the Monroe County Detention Center ("MCDC" or the
"Facility") in Key West, Florida. During the visit, the delegation had the opportunity to conduct
interviews with six detainees and to speak to MCDC personnel. No officials from the
Immigration and Customs Enforcement ("ICE") were present during the delegation's visit.
I.

ICE DETENTION STANDARDS

In November 2000, the Immigration and Naturalization Service ("INS"), 2 promulgated
the "INS Detention Standards" to ensure the "safe, secure and humane treatment" of immigration
detainees (hereinafter referred to as the "Standards"). The thirty-nine Standards cover a broad
spectrum of issues ranging from visitation policies to grievance procedures. These Standards
apply to ICE-operated detention centers and other facilities that house immigration detainees
pursuant to a contract or intergovernmental service agreement ("IGSA").
While the Standards went into effect at ICE-operated detention facilities on January 1,
2001, ICE sought to phase the Standards in at all of its contract and IGSA facilities by December
31, 2002. The Standards constitute a floor for the treatment of immigration detainees, rather than
a ceiling. Therefore, each Field Office or Officer-in-Charge has discretion to promulgate polices
and practices affording ICE detainees enhanced rights and protections, beyond those provided
for by the Standards.

1

The delegation represented the American Bar Association and was comprised of Holland & Knight LLP attorney
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and the following Holland & Knight Law Student Summer Associates:
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, and
. Holland & Knight attorney
assisted with the
preparation of this report.
2
Effective March 1, 2003, the INS ceased to exist as an agency of the Department of Justice. The INS' immigration
enforcement functions were transferred to Immigration and Customs Enforcement ("ICE"), a division of the newlycreated Department of Homeland Security ("DHS").

II.

INTRODUCTION
A.

The Delegation's Visit on August 2, 2007

On Thursday, August 2, 2007, the delegation met with several members of MCDC's staff
b6, b7C
in Key West, Florida. Operations Captain
and Lieutenant b6, b7C led the
delegation on a tour of the Facility and participated in a post-tour discussion. During the tour,
b6, b7C
the delegation also met with other MCDC personnel: Officer b6, b7C Deputy
,
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Programs Assistant
, Medical Director
, and Director of Nurses
b6
. The delegation appreciates the cooperation of these individuals as they were direct
and accommodating during the Facility tour.
This memorandum is based upon discussions with MCDC personnel, interviews with six
immigration detainees, and the personal observations of the delegation members. In many
instances, the detainees' reports were compatible with statements made by Facility personnel and
the delegations' observation. In such cases, the delegation was able to more accurately determine
whether MCDC policy and procedures successfully meet the Standards. However, in certain
instances, the detainees' reports conflicted with statements made by Facility personnel. When the
delegation could not reconcile the conflicting reports, it was unable to determine conclusively
whether the Standards were met.
B.

General Information About the Monroe County Detention Center

MCDC houses federal immigration detainees according to an IGSA with ICE. 3
According to MCDC personnel, the Facility has the capacity to hold more than 500 individuals. 4
MCDC has a current population of 522 inmates, ninety-eight of whom are women. 5 The thirtyfive immigration detainees are all women. 6 All of the women at MCDC, whether inmates or
immigration detainees, live in one female housing unit (the "Housing Unit"). 7 Immigration
detainees from many different countries live within the Housing Unit, including individuals from
Haiti, Jamaica, the United Kingdom and some South American countries. 8
III.

LEGAL ACCESS STANDARDS
A.

Visitation
1.

Visitation by Attorneys

The Standards require that facilities permit legal visitation seven days per week. 9
Attorneys should have access to their clients eight hours per day during the week and four hours

3

Notes of delegation member
, on conversation with Lieutenant b6, b7C .
Notes of delegation member
, on conversation with Lieutenant
.
5 Notes of delegation member
,
on
conversation
with
Lieutenant
.
b6
6
Notes of delegation member
, on conversation with Lieutenant b6, b7C
7
Notes of delegation member
, on conversation with Lieutenant
8
Notes of delegation member
, on conversation with Lieutenant
9
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
4

2

per day during the weekend. 10 The visits must be private and should not be interrupted for head
counts. 11 Each IGSA facility should establish a procedure by which attorneys may call to
determine whether a detainee is housed in the facility. 12 Facilities should permit visits from
attorneys, other legal representatives, legal assistants, and interpreters.13 The Standards require
ICE to provide the Facility with a list of pro bono organizations that provide services to
detainees. 14 The facility must provide notification of visitation rules and hours in the handbook,
and post these rules where detainees may easily see them. 15
MCDC substantially meets this section of the Standards; however, The "MCDC
Inmate Handbook and Jail Rules" (the "Handbook") 16 does not contain any information
related to attorney visitations. Attorneys are allowed to visit their clients seven days a week
during the following times: 7:30-11:00 a.m., 1:00-4:00 p.m., and 8:00-11:00 p.m. (the periods
between these times, e.g. 11:00 a.m. to 1:00 p.m., are referred to as "lockdown"). 17 The policy
for legal visitation was posted in the Facility's lobby/entrance and is available on the Internet. 18
Attorneys may visit detainees so long as they present a bar card. 19 Attorney visits do not
require prior notice to the Facility. 20 All other persons involved in the legal representation of a
detainee (e.g., law students, law graduates, accredited representatives, legal assistants,
interpreters) may also visit the Facility under the attorney visitation rules as long as they provide
identification. 21
The Housing Unit has three attorney visitation areas.22 Detainees can meet with their
attorneys in two rooms on the first floor and one room on the second floor. 23 The ICE library
located on the first floor of the Housing Unit is sometimes used for attorney visitation. 24
Attorney visitation must always be supervised by a Facility guard. 25
All attorney visitation areas allow for contact visits. 26 There is no option for a noncontact visit. 27 Detainees are not typically subject to strip searches after attorney visits, 28 but
10

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.9.
12
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.6.
13
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.3.
14 Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
15 Detention Operations Manual, Detainee Services, Standard 17, Section III.B.
16
The MCDC Handbook is not specific to immigration detainees and therefore does not reflect any policies or
procedures that the Facility may have implemented which are specific to detainees and different from those for the
general inmate population.
17
b6
Notes of delegation member
, on conversation with Lieutenant b6, b7C Notice of Attorney Hours and
Rules.
18
Notes of delegation member
, on conversation with Lieutenant b6, b7C; Notice of Attorney Hours and
b6
Rules.
19
Notes of delegation member
, on conversation with Lieutenant
b6
b6, b7C
20
Notes of delegation member
, on conversation with Lieutenant
21
Notes of delegation member
, on conversation with Lieutenant b6, b7C
b6
22
Notes of delegation member
, on conversation with Lieutenant
b6
b6, b7C
23 Notes of delegation member
, on conversation with Lieutenant
24
Notes of delegation member
, on conversation with Lieutenant
.
b6
b6, b7C
25
Notes of delegation member
, on conversation with Lieutenant
.
26
b6
Notes of delegation member
, on conversation with Lieutenant b6, b7C
11

3

guards do conduct pat-down searches of the detainees after attorney visits. 29 Attorneys cannot
continue a visit with a detainee during lockdown. 30 However, MCDC staff have the discretion to
accommodate attorneys who arrive during the dinner lockdown hours. 31 Officers supervising the
evening shift at MCDC have discretion to permit an attorney to meet with a detainee subsequent
to dinner, but before the end of lockdown at 8:00 p.m. 32 On occasions where supervising guards
allow attorneys to meet with detainees before the end of the lockdown period, attorneys have
been allowed to enter between 6:30 p.m. and 8:00 p.m. 33 Supervising guards are especially
likely to accommodate attorneys for early entrance when they are traveling from far locations,
such as Miami. 34
Attorneys may call MCDC to determine whether a client is being housed at the
Facility. 35 While MCDC has the capability to search for detainees by name, they are not
permitted to disclose information beyond whether the detainee is at the Facility. 36 Several pro
bono legal organizations provide services to MCDC detainees, and their contact information is
posted. 37
One detainee stated that she has not faced any problem with regard to attorney
visitation. 38 She said that she has had confidential visits with her attorney in the visitation rooms
in the Housing Unit. 39 A second detainee met with her attorney from the Florida Immigrant
Advocacy Center (FIAC) in a one-on-one meeting. 40 This detainee stated that the meetings were
not a problem, but other types of communication were very difficult. 41 She stated that she has
never received any messages that her FIAC attorney left for her, and that they did not receive an
application she mailed. 42
2.

Visitation by Family and Friends

To maintain detainee morale and family relationships, the Standards encourage visits
from family and friends. 43 The Standards require that facilities establish written visitation hours
and procedures, post them where detainees can see them, and make them available to the
public. 44 Visiting hours shall be set on Saturdays, Sundays, and holidays, and the Standards
encourage facilities to accommodate visitors at other times when they are facing a particular
27

Notes of delegation member
, on conversation with Lieutenant
b6, b7C
b6
Notes of delegation member
, on conversation with Lieutenant
29
Notes of delegation member
, on conversation with Lieutenant
30
Notes of delegation member
, on conversation with Lieutenant
31
Notes of delegation member
, on conversation with Lieutenant
32
Notes of delegation member
, on conversation with Lieutenant
b6
b6, b7C
33
Notes of delegation member
, on conversation with Lieutenant
34
Notes of delegation member
, on conversation with Lieutenant
35 Notes of delegation member
, on conversation with Lieutenant
.
36 Notes of delegation member
, on conversation with Lieutenant
.
37
b6
Notes of delegation member
, on conversation with Lieutenant b6, b7C.
38
Notes of delegation interview with MCDC detainee who chose to remain anonymous.
39 Notes of delegation interview with MCDC detainee who chose to remain anonymous.
40
Notes of delegation member
on conversation with detainee
41 Notes of delegation member
b6
b6, b7C
, on conversation with detainee
42
Notes of delegation member
on conversation with detainee
43
Detention Operations Manual, Detainee Services, Standard 17, Section I.
44
Detention Operations Manual, Detainee Services, Standard 17, Section III.A & B.
28

4

hardship. 45 Visits should be at least thirty minutes long, and longer when possible.46 If a facility
does not provide for visits from minors, ICE should arrange for visits with children or
stepchildren within the detainee's first thirty days at the facility, with continuing monthly
visits. 47 Visits should be granted to detainees in both disciplinary and administrative segregation
unless a detainee violates the visitation rules or threatens the security of the visitation room. 48
MCDC substantially meets this section of the Standards; however, visitation policies
for family and friends are not posted, and the Handbook contradicts the Standards and
MCDC policy. Visitors may visit detainees five days a week, from Saturday through
Wednesday. 49 There are no visitations on Thursdays or Fridays, unless a special visit request is
approved. 50 There are six booths that may be used for visitations in the Housing Unit, with a
Plexiglas divider between the detainee and the visitor. 51 Contact visits are prohibited. 52 Children
are able to visit detainees, provided that they are accompanied by a guardian, that they have a
birth certificate, and that they are not on the inmate's victim list. 53
Visitors are generally given thirty minutes of visitation time; however, visitors who travel
more than fifty miles, and who provide prior notice of their visit, are given forty-five minutes. 54
Ms. b6, b7C a detainee, confirmed that this rule is strictly followed and that her father, who
made a special trip from New York to visit Ms. b6, b7C was limited to a forty-five-minute
visit. 55 Another detainee said that others who have had visitors from the Broward County area
have been limited to thirty-minute visits, even with advance notice to the Facility. 56 Given the
distance of the Facility from other urban areas, these two detainees stated that this rule can be
very hard on a detainee whose family has to travel great distances to visit. 57
The delegation noted that there did not appear to be any posting in the Facility entrance
or in the Housing Unit regarding visitation policies for visits other than legal visits.58 MCDC
does have a phone number to call for visitation hours, which the delegation tested. 59 Visitation
is allowed for detainees in segregation unless their disciplinary sanction includes loss of
visitation privileges. 60

45

Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
47
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.2.
48
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.5.
49
b6
b6, b7C
Notes of delegation members
and
, on conversation with Captain
.
50
Notes of delegation members
, on conversation with Captain b6, b7C .
51
b6
Notes of delegation members
and
, on conversation with Captain b6, b7C
52
Notes of delegation members
, on conversation with Captain b6, b7C .
53
b6
Notes of delegation members
and
on conversation with Captain
.
b6, b7C
54
Notes of delegation members
and
on conversation with Captain
.
55
b6
b6, b7C
Notes of delegation members
and
on conversation with detainee
.
56
b6, b7C
Notes of delegation members
and
on conversation with detainee
.
57 Notes of delegation members
b6, b7C
and
on conversations with detainees
and
b6, b7C
.
58Observation of delegation members
b6
b6
and
.
59
b6
Observations of delegation member
60 Notes of delegation member
b6
, on conversation with Captain b6, b7C .
46

5

The Handbook contradicts or lacks information from both the Standards and MCDC
policy. There is no discussion in the Handbook as to the length of the visit or exceptions for
longer visits. 61 Also, the Handbook states that the visitation rules will be posted at the Reception
Station and on the Housing Bulletin Board, 62 but the delegation did not observe any postings for
non-legal visits.
B.

Telephone Access
1.

General Requirements

The Standards require that facilities provide detainees with reasonable and equitable
access to telephones during established facility waking hours.63 In order to meet this
requirement, facilities must provide at least one telephone for every twenty-five detainees. 64
The Standards also require that telephone access rules be provided in writing to each detainee
upon admittance, and that the rules be posted where detainees may easily see them. 65
MCDC does not fully meet this Standard; detainees reported that phones are turned
off and inaccessible for long periods during the day, and reported delays of several days in
receiving phone cards. The Housing Unit, which houses 98 women, 66 has six telephones, all of
which are located within the "Dayroom"—a large, well-lit room off of which the detainees cells
are located. 67 The phones are fixed on the walls. 68
MCDC officials stated that the telephones were accessible for use during open Dayroom
periods, i.e., other than during "lock-down" hours, and that there were no time limits placed on
calls. 69 This contrasts with what detainees stated. One detainee stated that the phones are often
turned off at different times during the day and are generally only turned on for two or three
hours per day. 70 She further reported that Facility personnel do not tell the detainees when the
phones are turned on. 71 Another detainee also stated that they are not informed when the
telephones are operational, thus making the use of the telephones quite difficult. 72
A second detainee stated that it is difficult to use the telephones because there are so
many people trying to use the telephones at the same time. 73 This detainee characterized
inability to use the phones as her major concern about MCDC. 74 A third detainee characterized
difficulty in making phone calls as a main problem with MCDC given that there are only six
61

MCDC Handbook.
MCDC Handbook at 25.
Detention Operations Manual, Detainee Services, Standard 16, Section I & III.A.
64
Detention Operations Manual, Detainee Services, Standard 16, Section III.C.
65
Detention Operations Manual, Detainee Services, Standard 16, Section III.B.
66 Notes of delegation member
b6
, on conversation with Lieutenant b6, b7C.
67
Observation of delegation member
.
b6
68
Observation of delegation member
.
69
b6
Notes of delegation member
, on conversation with Officer b6, b7C
70
Notes of delegation member
, on conversation with detainee
.
b6, b7C
b6
71
Notes of delegation member
, on conversation with detainee
.
72
b6
b6, b7C
Notes of delegation member
, on conversation with detainee
.
73
Notes of delegation members
and
on conversation with detainee
b6
b6
74
Notes of delegation members
and
on conversation with detainee
62
63

6

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telephones for ninety-eight women in the Housing Unit and hours of usage are limited. 75 She
advised that the telephones are shut off during "transfers" of inmates. 76 As an example, this
detainee noted that, on the day prior to our visit, the telephones were shut off from 7 p.m. to 9
p.m., and then shut off again from about 9:30 p.m. to 10:15 p.m. 77 A fourth detainee asserted
that she has been able to use the phones in the Facility but that the phones do not always work. 78
She states that the guards at the Facility always say they cannot do anything about the phones. 79
A detainee can buy a phone card for $21.50 to receive forty minutes of use. 80 One detainee
stated that she receives less than forty minutes each time she buys the card even though she pays
the full amount. 81
Detainees also reported problems using phone cards, which are available for purchase
from MCDC under the "canteen" system, 82 which can lead to delays. Several detainees
complained about the canteen system. One detainee reported that detainees place orders for
items from the canteen on Sundays and then pay for their canteen orders on Mondays; 83 the
detainees are supposed to receive their canteen items on Tuesdays or Wednesdays at the latest,
but they often receive them even later. 84 On the Thursday of the delegation's visit, this detainee
reported that detainees had yet to receive their canteen items for that week. 85 According to this
detainee, this problem has occurred about three times in the six or seven weeks that she has been
at MCDC. 86 A second detainee confirmed this report that the canteen items have not been
arriving on time. 87 She stated that detainees place and pay for their orders on Monday and the
detainees are supposed to receive the goods on Wednesday. Recently, however, detainees and
inmates have not received the goods until Thursday or Friday. This problem is particularly
troublesome with regard to calling cards, which the detainees need to contact their attorneys and
family. Since detainees purchase calling cards from the canteen in order to make telephone calls,
their late delivery can thus limit a detainee’s ability to make the telephone calls that she needs to
make. 88
2.

Direct Calls and Free Calls

The Standards allow facilities to generally restrict calls to collect calls; 89 however, the
facility must permit detainees to make direct calls to the local immigration court, the Board of
Immigration Appeals, federal and local courts, consular officials, legal service providers,

75

Notes of delegation members
and
, on conversation with detainee
b6
b6
Notes of delegation members
and
, on conversation with detainee
77
Notes of delegation members
and
, on conversation with detainee
78 Notes of delegation interview with MCDC detainee who chose to remain anonymous.
79 Notes of delegation interview with MCDC detainee who chose to remain anonymous.
80 Notes of delegation interview with MCDC detainee who chose to remain anonymous.
81
b6
Notes of delegation member
on conversation with detainee
.
b6, b7C
82 Notes of delegation interview with detainee who chose to remain anonymous.
83
Notes of delegation member
, on conversation with detainee
.
84
Notes of delegation member
,
on
conversation
with
detainee
.
b6
b6, b7C
85
Notes of delegation member
, on conversation with detainee
.
86
Notes of delegation member
, on conversation with detainee
.
87
Notes of delegation interview with MCDC detainee who chose to remain anonymous.
88
b6
b6, b7C
Notes of delegation member
on conversation with detainee
.
89
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
76

7

b6, b7C

.
.
.

government offices, and to family members in case of emergency. 90 The facility shall not require
indigent detainees to pay for these types of calls if local, nor for non-local calls if there is a
compelling need. 91 In addition, the facility "shall enable all detainees to make calls to the [ICE]provided list of free legal service providers and consulates at no charge to the detainee or the
receiving party." 92
MCDC meets this section of the Standards, although one detainee stated that there
have been problems reaching consulates. However, using the pre-programmed phone
system is difficult and no instruction is given to the detainees. Finally, the Handbook states
that the phones in the housing areas allow collect or calling card calls only. 93 Posted next to
at least one of the telephones was a list of three-digit preprogrammed codes; this information was
only available in English. 94 This same information was posted on a main bulletin board in the
Dayroom. 95 Phone numbers are posted on these lists for FIAC, the United Nations High
Commissioner for Refugees ("UNHCR"), Catholic Charities, Legal Aid, the Board of
Immigration Appeals, and other legal providers and immigration courts. 96 However, although
there are seven Haitian detainees in the facility, 97 the phone number and code from the Haitian
consulate was not among those listed. 98 One delegation member tested a phone and was able to
place a call to the consulate of the Dominican Republic.99 However, it took this delegation
member numerous attempts to figure out the very complicated and cumbersome procedure in
order to make this call go through. 100 One detainee reported that she too had difficulties making
phone calls, and that MCDC personnel do not offer to assist detainees. 101 She stated that a
detainee basically has to rely on other inmates to teach her how to use the phones. 102 Another
detainee has seen other detainees experience trouble contacting their consular and deportation
officers. 103
According to the Handbook, if a detainee needs to call overseas because of a true
emergency, and is indigent, the detainee needs to fill out an Inmate Request Form in order to
have the call made for them free of charge.104
3.

Telephone Access to Legal Representatives

The Standards provide that the facility shall not restrict the number of calls a detainee
places to his/her legal representatives, nor limit the duration of such calls by automatic cutoff,
90

Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
92
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
93 MCDC Handbook at 24.
94
Observation of delegation member
95
b6
Observation of delegation member
96
Observation of delegation member
97
b6, b7C
Notes of delegation member
, on conversation with detainee
b6
98
Notes of delegation member
, on conversation with Lieutenant b6, b7C
99
b6
Observation of delegation member
.
100
b6
b6
Observations of delegation members
and
101
b6, b7C
Notes of delegation member
on conversation with detainee
b6
102
b6
b6, b7C
Notes of delegation member
, on conversation with detainee
103 Notes of delegation interview with detainee who chose to remain anonymous.
104 MCDC Handbook at 24.
91

8

.

unless necessary for security purposes or to maintain orderly and fair access to telephones. 105 If
time limits are necessary, calls should be no shorter than 20 minutes. 106 The Standards require
that the facility ensure privacy for detainees' telephone calls regarding legal matters, and that
calls shall not be electronically monitored absent a court order. 107
MCDC does not meet this section of the Standards: the Facility limits calls to fifteen
minutes; does not have private areas from which phone calls can be made; and monitors
and records all phone calls. One detainee reported that Facility personnel limit detainees to a
maximum of fifteen minutes per calling period. 108 Detainees are unable to make private
telephone calls because the phones where detainees make outgoing calls are all located in the
Dayroom with no privacy safeguards. 109 The telephones are out in the open, and there are no
partitions. 110 According to MCDC officials and the Handbook, all phone conversations made on
the outgoing phones are recorded and monitored, regardless of whether they are made to an
attorney. 111
4.

Incoming Calls and Messages

The Standards require that facilities take and deliver messages to detainees as promptly
as possible. 112 If the facility receives an emergency telephone call for a detainee, the Standards
suggest that the facility obtain the caller's name and number and permit the detainee to return the
emergency call as soon as possible. 113
MCDC does not meet this section of the Standards; messages are not always
delivered. Incoming messages are handled by an operator, but are delivered to the detainee at
the discretion of the officer on duty. 114 Similarly, the procedure for making emergency calls is
to refer them to the officer on duty on a case-by-case basis. 115 One detainee stated that she
receives phone messages from her lawyer, but not from her family. 116 Another detainee stated
that she has never received any messages that her FIAC attorney left for her. 117

105

Detention Operations Manual, Detainee Services, Standard 16, Section III.F.
Detention Operations Manual, Detainee Services, Standard 16, Section III.F.
107
Detention Operations Manual, Detainee Services, Standard 16, Section III.J.
108
b6
b6, b7C
Notes of delegation member
on conversation with detainee
.
109
Observation of delegation member
b6
110 Observation of delegation member
.
111
b6
Notes of delegation member
on conversation with Lieutenant b6, b7C and Officer
Handbook at 24.
112
Detention Operations Manual, Detainee Services, Standard 16, Section III.I.
113
Detention Operations Manual, Detainee Services, Standard 16, Section III.I.
114
Notes of delegation member
on conversation with Officer
b6
b6, b7C
115
Notes of delegation member
on conversation with Officer
116
b6, b7C
Notes of delegation member
on conversation with detainee
i.
b6
117
b6, b7C
Notes of delegation member
on conversation with detainee
.
106

9

b6, b7C

MCDC

5.

Telephone Privileges in the Administrative Segregation Unit

The Standards provide that detainees in a Special Management Unit ("SMU") for
disciplinary reasons shall be permitted to make direct and/or free calls, except under compelling
security conditions. 118
MCDC meets this section of the Standards. Detainees at MCDC placed in the SMU for
disciplinary reasons may have access to the phones unless their disciplinary violation involved
failure to follow the rules regarding phone usage. 119
C.

Access to Law Library and Legal Material

All facilities with detainees "shall permit detainees access to a law library, and provide
legal materials, facilities, equipment and document copying privileges, and the opportunity to
prepare legal documents." 120
1.

Library Access

The Standards suggest that each facility shall have a flexible schedule for law library use
that permits all detainees, regardless of housing or classification, to use the law library on a
regular basis. 121 Each detainee shall be permitted to use the law library for a minimum of five
hours per week. 122 The facility must post a listing of its holdings in the law library. 123
MCDC does not fully meet this section of the Standards; there is no list of holdings
posted in the law library, and the Handbook states that only pro se inmates are provided
with reasonable access to the library. The Housing Unit has a library off the dayroom referred
to as the "ICE" library, which is open whenever the facility is not in “lock-down” mode. 124
There is a separate and larger general MCDC library elsewhere in the Facility which may be
accessed by making an appointment, but which does not contain immigration materials. 125
According to MCDC officials, no more than two detainees are allowed in the ICE library at one
time. 126 By restricting access to the law library to two detainees at any one time, it is possible
that the Standard permitting each detainee a minimum of five hours per week in the library, is
violated.
All materials stay in the library and inmates may not "check out" materials. 127 Inmates
are allowed to keep one "bin" full of their own legal materials or documents in their cell. 128
118

Detention Operations Manual, Detainee Services, Standard 16, Section III.G.
b6
Notes of delegation member
on conversation with Captain b6, b7C
Detention Operations Manual, Detainee Services, Standard 1, Section I.
121
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
122
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
123 Detention Operations Manual, Detainee Services, Standard 1, Section III.C.
124 Notes of delegation member
, on conversation with Lieutenant
.
b6
b6, b7C
125
Notes of delegation member
on conversation with Lieutenant
126
b6
b6
b6, b7C
Notes of delegation members
and
, on conversation with Deputy
.
127
b6
b6
Notes of delegation members
and
, on conversation with Deputy b6, b7C , and detainee
.
b6, b7C
128
b6
b6
Notes of delegation members
and
, on conversation with Deputy b6, b7C
119
120

10

There is no list of library materials and the library contents, including paper supplies, are
managed by ICE. 129
One detainee said that access to the library sometimes depends on the mood of the
supervising officer. 130 Another detainee reported that the detainee library is closed on the
weekends. 131 This closure presents a problem because immigration court hearings are often on
Monday mornings, and detainees who receive relevant documents in the mail late in the prior
week are unable to do further research based on these documents to prepare. 132 According to this
detainee, as a result detainees are often disadvantaged because they do not have sufficient time to
prepare for Monday court hearings. 133
The Handbook states that only inmates who are unable to obtain counsel to assist them,
or "pro-se" inmates, will be provided “reasonable access to the legal materials that are in the law
library.” 134 However, staff indicated that detainees generally have access to the law library. 135
According to the Handbook, before an inmate may access the library, such inmate must first
complete an Inmate Request Form. 136
2.

Library Conditions

The Standards require that a facility provide a law library with sufficient space to
facilitate detainees' legal research and writing. 137 Furthermore, it must be large enough "to
provide reasonable access to all detainees who request its use. It shall contain a sufficient number
of tables and chairs in a well-lit room, reasonably isolated from noisy areas." 138
MCDC appears to meet this section of the Standards. The Facility limits access to the
library to two detainees at one time; the law library is located in a very small space, with room
for only two to three people. 139 The library has three computers, two chairs, a printer, a copier,
and a bookshelf. 140 The library is somewhat removed from noise and foot traffic, so it does
allow research to be done free of distractions. 141
3.

Materials Identified in the Detention Standards

129

Notes of delegation members
and
, on conversation with Lieutenant b6, b7C
b6
b6
b6, b7C
Notes of delegation members
and
, on conversation with detainee
131
Notes of delegation member
, on conversation with detainee
.
132
b6
Notes of delegation member
, on conversation with detainee
.
b6, b7C
133
Notes of delegation member
, on conversation with detainee
.
134 MCDC Handbook at 27.
135 Notes of delegation member
b6
, on conversation with Lieutenant b6, b7C notes of delegation member
, on conversation with Deputy b6, b7C .
b6
136 MCDC Handbook at 27.
137
Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
138
Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
139
b6
Observations of delegation member
.
140
b6
b6
Observations of delegation members
and
.
141
b6
Observation of delegation member
.
130

11

The Standards require that all facility law libraries contain the materials listed in
Attachment A to the chapter on Access to Legal Materials. 142 These materials must be updated
regularly, and information must be added on significant regulatory and statutory changes
regarding detention and deportation of aliens in a timely manner. 143 Damaged or stolen materials
must be promptly replaced. 144
MCDC fails to meet this section of the Standards; most of the required legal
materials are unavailable. The bookshelf contained the Detention Standards, United States
Constitution, FIAC forms, Black's Law Dictionary, Bender's Immigration Case Reporter
(Volumes 11, 12, 13, 22, and 23, and Immigration Law and Procedure Reporter (Volumes 1, and
3-10). 145 The remainder of the items required by Attachment A were unavailable, and the
delegation did not see any CD-ROMs at the facility. 146 When questioned about the limited
resources, MCDC officials stated that the ICE library was maintained by ICE and all comments
should be directed to ICE. 147
4.

Library Equipment and Supplies

The Standards require that facility law libraries provide an adequate number of
typewriters and/or computers, writing implements, paper, and office supplies to enable detainees
to prepare documents for legal proceedings. 148 Facilities must provide detainees with paper,
envelopes, and writing implements free of charge. 149 Staff must inspect at least weekly to
ensure equipment is in working order and to stock sufficient supplies. 150
MCDC does not meet this Standard; supplies including writing implements and
envelopes have to be purchased. The ICE library contained one pack of white printing paper,
but a detainee stated that paper is usually lacking in the ICE library. 151 There were no pens,
pencils, envelopes, or stamps. 152 One detainee stated that while indigent detainees are provided
with paper and pens, they must have money in their account or “pay the facility back.” 153 When
questioned about this issue, MCDC officials stated that all supplies of this type may be
purchased from the canteen and that indigent inmates could apply for free supplies. 154 The
Handbook states that supplies are available for “pro-se inmates”; it does not include any
provisions specifically for ICE detainees. 155 The Handbook states that indigent pro-se inmates

142

Detention Operations Manual, Detainee Services, Standard 1, Section III.C.
Detention Operations Manual, Detainee Services, Standard 1, Section III.E.
144
Detention Operations Manual, Detainee Services, Standard 1, Section III.F.
145
b6
b6
Observations of delegation members
and
146 Delegation observations.
147
Notes of delegation member
on conversation with Lieutenant b6, b7C
b6
148
Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
149 Detention Operations Manual, Detainee Services, Standard 3, Section III.J.
150
Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
151
b6
b6
Observations of delegation members
and
; notes of delegation member
b6, b7C
on conversation with detainee
152
b6
b6
Observations of delegation members
and
.
153
b6
Notes of delegation member
on conversation with detainee
.
b6, b7C
154
b6
Notes of delegation member
on conversation with Deputy b6, b7C .
155 MCDC Handbook at 28.
143

12

b6

are allotted $15 per month for legal postage. 156 It also states elsewhere that inmates with $.34 or
less in their account can check the indigent line on the Commissary Order Form, and they will
then be provided with three envelopes, three sheets of paper, and one pencil on a weekly
basis. 157 The Standards require all indigent detainees to get free postage for five pieces of legal
mail per week—they do not specify a monetary limit. 158
The delegation tested the printer and two computers and they appeared to be in working
order, but they may only be used for word processing functions. 159
5.

Photocopies

The Standards provide that each facility shall ensure that detainees can obtain
photocopies of legal materials, when such copies are reasonable and necessary for legal
proceedings involving the detainee. 160 Enough copies must be provided so that a detainee can
fulfill court procedural rules and retain a copy for his records. 161 Facility personnel may not read
a document that on its face is clearly related to a legal proceeding involving the detainee. 162
MCDC meets this section of the Standards. Detainees in the Housing Unit may make
copies in the ICE library free of charge, and there do not appear to be any limits on the number
of copies that can be made. 163 However, the Handbook limits photocopies to "pro-se" inmates
and makes no reference to detainees. 164
6.

Assistance From Other Detainees

The Standards require that each facility permit detainees to assist other detainees in
researching and preparing legal documents upon request, except when such assistance poses a
security risk. 165
MCDC meets this section of the Standards. Detainees are permitted to help each other
prepare letters or other documents. 166
7.

Notice to Detainees

The Standards require that the detainee handbook provide detainees with the rules and
procedures governing access to legal materials. 167

156

MCDC Handbook at 28.
MCDC Handbook at 22.
158 Detention Operations Manual, Detainee Services, Standard 3, Section III.I.
159
b6
b6
Notes of delegation members
and
, who personally tested the equipment.
160
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
161
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
162
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
163
b6
b6
Notes of delegation members
and
, on conversation with Deputy b6, b7C .
164 MCDC Handbook at 27-28.
165
Detention Operations Manual, Detainee Services, Standard 1, Section III.K.
166
b6
b6
Notes of delegation members
and
, on conversation with detainee
b6, b7C
167
Detention Operations Manual, Detainee Services, Standard 1, Section III.Q.
157

13

MCDC fails to meet this section of the Standards because the Handbook states that
only "pro-se" inmates will have access to the library. 168 There is no discussion in the
Handbook specific to detainees.
D.

Group Rights Presentations

The Standards provide that facilities holding ICE detainees "shall permit authorized
persons to make presentations to groups of detainees for the purpose of informing them of U.S.
immigration law and procedures, consistent with the security and orderly operation of each
facility." 169 Informational posters are to be prominently displayed in the housing units at least
forty-eight hours in advance of a scheduled presentation. 170 While the presentations are open to
all detainees, the facility "may limit the number of detainees at a single session." 171 "The facility
shall select and provide an environment conducive to the presentation, consistent with
security." 172 In addition, detainees shall have regular opportunities to view an "INS-approved
videotaped presentation on legal rights." 173
MCDC substantially meets this section of the Standards; however, informational
posters are not posted in advance of presentations. According to MCDC, FIAC is able to
make presentations approximately once every six weeks. 174 The Facility performs background,
criminal history and credentials checks on all persons who will give a presentation. 175 Two
weeks before a scheduled presentation, an announcement is made to the detainees, but no
informational posters are displayed in the housing units.176 One detainee stated that she heard
about the group rights presentation and about FIAC through other detainees and "word of mouth"
but she does not recall any general announcement having been made. 177 The presentations take
place in MCDC's programming room, which is an environment conducive to the presentation
since it is well-lit, has seating available, and can accommodate at least twenty detainees at one
time. 178 The presentations are open to all detainees. 179 While the number of detainees at a single
session may be limited, enough sessions are held such that all detainees interested in attending
the presentation are able to attend. 180
The "Know Your Rights" video is aired on the televisions inside the Facility every
weekend. 181 MCDC has an English and a Spanish version of this video presentation, and both

168
169

MCDC Handbook at 27.
Detention Operations Manual, Detainee Services, Standard 9, Section I.
170
Detention Operations Manual, Detainee Services, Standard 9, Section III.I.
171
Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
172
Detention Operations Manual, Detainee Services, Standard 9, Section III.E.
173
Detention Operations Manual, Detainee Services, Standard 9, Section III.I.
174 Notes of delegation member
, on conversation with Lieutenant
.
175 Notes of delegation member
, on conversation with Lieutenant b6, b7C.
176 Notes of delegation member
, on conversation with Lieutenant
.
177
b6, b7C
Notes of delegation member
on conversation with detainee
b6
178 Notes of delegation member
, on conversation with Lieutenant
.
179 Notes of delegation member
, on conversation with Lieutenant
.
b6, b7C
180 Notes of delegation member
, on conversation with Lieutenant
.
181 Notes of delegation member
, on conversation with Lieutenant
.

14

.

are shown weekly (one each day of the weekend). 182 Prior to airing the video, an announcement
is made, and every television in the Facility is tuned into this video. 183
IV.

OTHER PROVISIONS OF THE ICE DETENTION STANDARDS
A.

Correspondence and Other Mail

The Standards distinguish between general correspondence and legal correspondence,
which is referred to as special correspondence; they mandate that detainees are allowed to send
and receive correspondence in a timely manner, subject to limitations required for safety,
security, and orderly operation of the facility." 184 General correspondence is normally opened
and inspected for contraband in the presence of the detainee. It may, however, be opened and
even read outside the presence of the detainee if security reasons exist for doing so. 185 The rules
are different for special correspondence, which includes all written communication to or from
attorneys, legal representatives, judges, courts, government officials, and the news media. 186 If
special correspondence is incoming it can be inspected for contraband only if done in the
presence of the detainee. 187 If the special correspondence is outgoing, it may not be opened,
inspected, or read. 188
MCDC fails to meet this section of the Standards because it does not distinguish
between general correspondence and special correspondence, and all correspondence
including special correspondence is read by officials outside the presence of detainees. An
MCDC official stated that outgoing correspondence, whether general or special correspondence,
is read by the officer on duty in the presence of the detainee, and then "authorized" for mailing
by that officer. 189 A second level of review takes place at a more senior officer level before the
correspondence leaves the Facility. 190 Incoming correspondence, regardless of whether it is
labeled "attorney-client communication," is opened read by MCDC officials in the mail room,
outside the presence of detainees. 191
Two detainees reported that they have successfully mailed correspondence to outside
parties. 192 One of these detainees stated that she has greater success sending outgoing mail than
in receiving incoming mail. 193 However, she stated that even though she mailed an application
to FIAC, they did not receive it, which required her to ask for a new application to be sent to

182

Notes of delegation member
, on conversation with Lieutenant
.
b6
b6, b7C
Notes of delegation member
, on conversation with Lieutenant
.
184 Detention Operations Manual, Detainee Services, Standard 3, Section I.
185 Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
186 Detention Operations Manual, Detainee Services, Standard 3, Sections III.B, E, & F.
187 Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
188 Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & F.
189 Notes of delegation member
, on conversation with Officer
190 Notes of delegation member
b6
, on conversation with Officer b6, b7C
191 Notes of delegation member
, on conversation with Officer
192
b6, b7C
Notes of delegation member
,
on
conversation with detainees
b6
193
b6, b7C
Notes of delegation member
, on conversation with detainee
.
183

15

and

b6, b7C

.

her. 194 Another detainee stated that it takes five to six days for detainees to receive regular
mail. 195
The Handbook states that "[o]utgoing and incoming mail will be inspected for contraband
or security breeches [sic] in accordance with the Florida Model Jail Standards with the exception
of legal mail. Incoming and outgoing legal mail inspections will only be conducted in the
presence of the inmate. According to the Handbook, the officer is not allowed to read legal mail
for content during these inspections."196 However, the Standards do not permit review of
outgoing legal mail, even in the presence of a detainee.
All privileged outgoing mail will not be opened, but it may be held for up to seventy-two
hours for the Facility to confirm it is properly addressed. 197 One detainee stated that when she
tried to send out pages copied from a legal book, she was denied an envelope because the officer
said that it was not legal work. 198 There is no definition in the Handbook for “special
correspondence”—the Handbook mentions, but does not define, “legal mail” or “privileged
mail.”
B.

Detainee Handbook

The Standards require that every Officer in Charge develop a site-specific detainee
handbook to serve as an overview of detention policies, rules, and procedures. 199 Every detainee
should receive a copy of the handbook upon admission to the facility. 200 The handbook will be
written in English and translated into Spanish and other prevalent languages as appropriate. 201
The handbook must include visitation hours and rules. 202 The handbook must notify detainees
of the facility correspondence policy. 203 The grievance section of the handbook must provide
notice of the opportunity to file both formal and informal grievances and the procedures for
filing grievances and appeals. 204 The handbook must provide notice of the facility's rules of
conduct and the sanctions imposed. 205 It must advise detainees of rights including the right to
protection from abuse, right to freedom from discrimination, and right to pursue a grievance. 206
The handbook must also state that detainees have the opportunity to submit written questions,
requests, or concerns to ICE staff and the procedures for doing so. 207 The Officer in Charge will
provide a copy of the handbook to every staff member who has contact with detainees. 208
194

b6, b7C
b6
Notes of delegation member
, on conversation with detainee
.
b6
b6, b7C
Notes of delegation member
, on conversation with detainee
.
196
MCDC Handbook at 26.
197 MCDC Handbook at 26.
198
b6
b6
Notes of delegation members
and
, on conversation with detainee
199 Detention Operations Manual, Detainee Services, Standard 6, Section I.
200 Detention Operations Manual, Detainee Services, Standard 6, Section I.
201 Detention Operations Manual, Detainee Services, Standard 6, Section III.E.
202 Detention Operations Manual, Detainee Services, Standard 17, Section III.B.
203 Detention Operations Manual, Detainee Services, Standard 3, Section III.B.
204 Detention Operations Manual, Detainee Services, Standard 5, Section III.G.
205 Detention Operations Manual, Detainee Services, Standard 5, Section III.A.5.
206 Detention Operations Manual, Detainee Services, Standard 5, Section III.A.5.
207 Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.
208 Detention Operations Manual, Detainee Services, Standard 6, Section III.H.

195

16

b6, b7C

MCDC does not meet this section of the Standards; the Handbook does not have
visiting hours, does not provide information on how to contact ICE, and does not advise
detainees of their right to protection from abuse and discrimination. According to staff, the
Handbook is distributed to detainees upon their admittance to the Facility. 209 However, two
detainees stated that they were not given the Handbook on admittance. 210 The Handbook is not
specific to detainees, but is prepared for the general inmate population. It is written in English
and in Spanish. 211 The Handbook is distributed to all staff at the Facility 212 and the staff refers
to the Handbook on a regular basis. 213
The Handbook does not provide a visitation schedule. 214 The Handbook does contain
general procedures regarding correspondence, as discussed above, although the provisions with
respect to special correspondence do not meet the Standards. 215 The Handbook also has several
pages explaining the rules of conduct, prohibited conduct, and the penalties for failure to adhere
to the rules. 216
There is no reference in the Handbook informing detainees to contact ICE with questions
or concerns. In addition, there are no procedures advising detainees on how to contact ICE. ICE
is only mentioned as an agency that should not be contacted using an Inmate Request Form. 217
The Handbook does discuss a procedure by which the detainee may appeal a disciplinary
recommendation, 218 or bring forward a grievance. 219 There is not, however, any reference or
statement in the Handbook that the detainees have rights, including the right to protection from
abuse and right to freedom from discrimination.
C.

Recreation

The Standards require all detainees to have access to recreational programs and activities,
under conditions of security and safety. 220 Detainees should be housed in facilities with outdoor
recreation. 221 Detainees should have access to "fixed and movable equipment," including
opportunities for cardiovascular exercise, and games and television in dayrooms. 222 Under no
circumstances will a facility require detainees to forego law library privileges for recreation
privileges. 223

209

b6
Notes of delegation member
, on conversation with Lieutenant b6, b7C
b6, b7C
b6
b6, b7C
Notes of delegation member
, on conversation with detainees
and
.
211
Notes of delegation member
, on conversation with Lieutenant
212
b6
Notes of delegation member
, on conversation with Lieutenant b6, b7C
213
Notes of delegation member
, on conversation with Lieutenant
214 MCDC Handbook at 25.
215 MCDC Handbook at 25-26.
216 MCDC Handbook at 6-12.
217 MCDC Handbook at 12.
218 MCDC Handbook at 3.
219 MCDC Handbook at 12.
220 Detention Operations Manual, Detainee Services, Standard 13, Section I.
221 Detention Operations Manual, Detainee Services, Standard 13, Section III.A, which also provides that "all new
or renegotiated contracts and IGSAs will stipulate that INS detainees have access to an outdoor recreation area."
222 Detention Operations Manual, Detainee Services, Standard 13, Section III.G.
223 Detention Operations Manual, Detainee Services, Standard 13, Section III.B.

210

17

MCDC meets this section of the Standards. The Housing Unit has one indoor
recreation room (the Dayroom) with tables, benches and two televisions. 224 Connected to the
Dayroom is an outdoor area (approximately 400 square feet) made of concrete with a wire mesh
roof. 225 Use of the indoor and outdoor rooms is permitted when the Facility is not under
"lockdown." 226 Detainees have access to natural sunlight either in the Dayroom or in the outside
area. 227 Neither room provides equipment for muscular or cardiovascular exercise. 228
The Dayroom is well-lit and is kept at a comfortable temperature. 229 It has many tables
and chairs, two TVs, telephones, a book shelf with a large number of novels, a ping pong table,
and a few board games and puzzles. 230 The Housing Unit also has a multipurpose room upstairs
which contains a television and books. 231 Classes and presentations can also be held in this
multipurpose room. 232
The outdoor recreation area consists of a small basketball court with one basketball hoop,
high walls, and some sunlight. 233 The women are free to go in and out of the outdoor recreation
room as they please, so long as large groups do not begin to form and things do not get out of
control. 234 There is one basketball available for use by the detainees, which is in good
condition. 235
The Handbook indicates that recreational activities will be permitted, weather permitting,
based upon a schedule tied to the specific housing unit. 236 "Horseplay," "fights, and other
disturbances," can lead to a loss of such recreational privileges and possibly disciplinary
action. 237
D.

Access to Medical Care

The Standards require that all detainees have access to medical services that promote
detainee health and general well-being. 238 Each facility is required to have regularly scheduled
times, known as "sick call," when medical personnel are available to see detainees who have
requested medical services. 239 For a facility of over 200 detainees, there must be sick call five
days per week. 240 Facilities must also have procedures in place to provide emergency medical
224

Notes of delegation members
and
, on conversation with Captain
Notes of delegation members
and
, on conversation with Captain
226 Notes of delegation members
b6
b6
and
, on conversation with Captain
227 Notes of delegation members
and
, on conversation with Captain
228 Notes of delegation members
and
, on conversation with Captain
229
b6
b6
Observations of delegation members
and
.
230
Observations of delegation member
b6
231 Observations of delegation member
232
b6
b6
Notes of delegation members
and
, on conversation with Captain
233
b6
Observations of delegation member
.
234
b6
b6
Notes of delegation members
and
, on conversation with Deputy
235
b6
Observations of delegation member
.
236 MCDC Handbook at 27.
237 MCDC Handbook at 27.
238 Detention Operations Manual, Health Services, Standard 2, Section I.
239 Detention Operations Manual, Health Services, Standard 2, Section III.F.
240 Detention Operations Manual, Health Services, Standard 2, Section I.
225

18

.
.
b6, b7C .
.
.

b6, b7C

b6, b7C

care for detainees who require it. 241 With respect to emergency care, the Standards state that in
a situation in which a detention officer is uncertain whether a detainee requires emergency
medical care, the officer should immediately contact a health care provider or an on-duty
supervisor. 242 If a detainee is diagnosed as having a medical or psychiatric condition requiring
special attention (e.g., special diet), the medical care provider is required to notify the Officer in
Charge in writing. 243
MCDC appears to meet this section of the Standards. However, detainees discussed
delays in medical care and in receiving medication. Due to its limited resources and its
contract with ICE, MCDC does not accept detainees with serious medical problems. 244 Before
the detainee arrives at the Facility, medical personnel review the detainee's medical file. 245 If
the medical personnel determine that the detainee does not have serious medical problems, then
the Facility will accept the detainee. 246 If a detainee develops a serious medical condition
subsequent to being admitted, MCDC will request that ICE remove the detainee. 247 According
to MCDC officials, ICE has been responsive to such requests. 248 Medications are distributed
daily by nurses to the detainees, who are prohibited from bringing their own medications into the
Facility. 249
The medical staff consists of one dentist, two part-time doctors, one psychologist, one
mental-health counselor, one physician assistant, and twenty-two nurses. 250 While doctors are
on site four days a week, they are on call twenty-four hours a day, seven days a week. 251 Only
doctors who work for Prison Health Services, which provides all medical services to the Facility,
may provide services to detainees. 252 MCDC staff stated that the last time NCCHC visited the
Facility, the health program complied with NCCHC standards. 253 The last visit was three years
ago; NCCHC visits the Facility once every three years. 254
The Facility has an infirmary, which appeared clean and well lit.255 It also has individual
units for both juveniles and female detainees, which units are capable of being covered for the
detainees’ privacy. 256 There are three ways a detainee may be admitted to the infirmary: (i) at
intake, a nurse may send a detainee directly to the infirmary; (ii) a doctor may admit a detainee
to the infirmary; and (iii) detainees who are under a suicide watch are admitted to the
241

Detention Operations Manual, Health Services, Standard 2, Sections III.A, D, & G.
Detention Operations Manual, Health Services, Standard 2, Section III.H.
243 Detention Operations Manual, Health Services, Standard 2, Section III.J.
244
b6
Notes of delegation member
, on conversation with Lieutenant b6, b7C and Medical Director b6
b6
.
245 Notes of delegation member
, on conversation with Lieutenant
and Medical Director
b6, b7C
246
b6
Notes of delegation member
, on conversation with Lieutenant b6, b7Cand Medical Director
247
Notes of delegation member
, on conversation with Lieutenant
248
b6
Notes of delegation member
, on conversation with Captain b6, b7C .
249
Notes of delegation member
, on conversation with Medical Director
.
250
Notes of delegation member
, on conversation with Medical Director
.
251
Notes of delegation member
, on conversation with Medical Director
.
b6
b6
252
Notes of delegation member
, on conversation with Medical Director
.
253
Notes of delegation member
, on conversation with Medical Director
.
254
Notes of delegation member
, on conversation with Medical Director
.
255
b6
Observations of delegation member
.
256
b6
Notes of delegation member
, on conversation with Lieutenant b6, b7C
242

19

infirmary. 257 The Facility also has a "chronic clinic" 258 where detainees are treated for AIDS,
HIV, asthma, and diabetes. 259
Independent medical providers are permitted to visit the Facility and provide services
only if Prison Health Services requests or approves the visit in advance. 260 Occasionally, after a
physician evaluates a detainee at the Facility, the physician will suggest that the detainee visit an
off-site specialist. 261 Off-site visits require special arrangements for transportation. 262 MCDC
medical personnel try to keep such off-site medical visits to a minimum because of the limited
resources available in the Keys. 263
When each detainee is admitted to the Facility, the medical staff conducts a medical
intake. 264 If the medical staff determines that a detainee suffers from a medical condition, the
staff will periodically check up on the detainee. 265 If the detainee does not appear to suffer from
a medical problem, then within fourteen days of admittance, the medical staff will conduct a
physical of the detainee. 266 If the physical demonstrates that the detainee does not suffer from
medical conditions, then medical care will only be provided if the detainee requests it. 267
In order to seek medical care, detainees submit a medical request on a piece of paper and
place the request in a lock-box, which is located in the Housing Unit and in the SMU. 268 Nurses
review the submission every twenty-four hours. 269 If the medical staff cannot properly address
the medical issue, they call a doctor. 270 For non–English speaking detainees, the Facility has
access to local interpreters and the AT&T Language Line, to provide translation services. 271
Many of the detainees had concerns regarding the quality of medical care and
responsiveness of the staff. One detainee reported that the medical staff "does not want to give
too much" and that the doctors think the detainees or inmates complain too much. 272 This
detainee had a persistent rash, and had to make repeated requests to see the medical staff before
she was properly diagnosed with a wool allergy and given a non-wool blanket. 273

257

Notes of delegation member
Notes of delegation member
259
Notes of delegation member
260
Notes of delegation member
261
Notes of delegation member
258

b6

b6

, on conversation with Lieutenant b6, b7C
, on conversation with Medical Director
.
b6
, on conversation with Medical Director
.
on conversation with Director
b6
b6
, on conversation with Director
, and Director of Nurses

b6

b6

262

Notes of delegation member
.
263
Notes of delegation member
b6
.
264
Notes of delegation member
265
Notes of delegation member
266
Notes of delegation member
267
Notes of delegation member
268
Notes of delegation member
269
Notes of delegation member
270
Notes of delegation member
271 Notes of delegation member
272
Notes of delegation member
273
Notes of delegation member

b6

on conversation with Director

b6

, and Director of Nurses

b6

b6

, on conversation with Director

b6

, and Director of Nurses

b6

b6

b6

b6
b6

, on conversation with Medical Director
, on conversation with Medical Director
, on conversation with Medical Director
b6
, on conversation with Medical Director
, on conversation with Medical Director
, on conversation with Medical Director
, on conversation with Medical Director
, on conversation with Lieutenant b6, b7C
, on conversation with detainee Karen
b6, b7C
, on conversation with detainee Karen

20

.
.
.
.
.
.
.

A second detainee indicated that she had requested to see a doctor more than two months
before the delegation’s visit.274 The request was made consistent with the procedures (i.e.,
submitting a written request in a lock box) and yet she continued to wait, as no doctor had yet
seen her. 275 She did, however, receive a TB test. 276
A third detainee stated that she was denied her seizure medicine for about three weeks. 277
During this time, she had to sleep on a top bunk in her cell, even though she requested a bottom
bunk, and she was constantly afraid of falling during a potential nighttime seizure. 278
A fourth detainee concluded that the medical request system is faulty as she had yet to
receive a proper response to her medical requests. 279 This detainee suffers from regular
migraines and has previously been on medication for them. 280 While she has requested the same
medication, she instead received a different medication. 281 She then submitted another request,
but the doctors told her that she was probably just stressed and that she didn't need the
medication. 282 She also stated that, with a problem like recurring migraines, it is pointless to
submit a medical request when one starts to suffer from a migraine. 283 Inmates are not allowed
to hold any medication, and officers are not equipped with even basic Tylenol or Aspirin for
such problems. 284 She said the process of submitting a medical request and obtaining the proper
medication usually takes approximately three days. 285 Thus, by the time a detainee suffering
from a migraine receives the medication she has requested, the migraine will have run its
course. 286
A fifth detainee stated that she was not satisfied with the medical attention she had
received at the Facility. 287 She has not had a physical since she has been at the Facility. 288 This
detainee is allergic to bread and corn ("starchy foods"), which she maintains is the overwhelming
component of the daily food served. 289 She stated she has doctor's papers to verify her
allergies. 290 She was able to visit the doctor once for her allergy problem. 291 Although she
specifically requested Claritin, the doctor only gave her Benadryl and Ibuprofen, which did not

274

Notes of delegation member
Notes of delegation member
276
Notes of delegation member
277 Notes of delegation members

b6

on conversation with detainee
.
b6, b7C
on conversation with detainee
.
on conversation with detainee
.
b6
and
on conversation with detainee b6, b7C

b6

and

275

b6

b6, b7C

278

Notes of delegation members
.
279 Notes of delegation members
280
Notes of delegation members
281
Notes of delegation members
282
Notes of delegation members
283
Notes of delegation member
284
Notes of delegation member
285
Notes of delegation member
286
Notes of delegation member
287
Notes of delegation member
288
Notes of delegation member
289
Notes of delegation member
290 Notes of delegation member
291
Notes of delegation member

, on conversation with detainee

b6

b6, b7C

b6, b7C

b6

b6

b6

and
and
and
and
and
and
and
and

, on conversation with detainee
, on conversation with detainee
b6
, on conversation with detainee
, on conversation with detainee
, on conversation with detainee
, on conversation with detainee
b6
, on conversation with detainee
, on conversation with detainee
on conversation with detainee
on conversation with detainee
b6, b7C
on conversation with detainee
, on conversation with detainee
.
on conversation with detainee

21

.
b6, b7C

b6, b7C

.
.
.
.

resolve her symptoms. 292 Since then she has written and submitted three to four requests to see
the doctor for her food allergies, including one request she filed directly with ICE, but she has
not received a response. 293 Because her food allergies have yet to be properly addressed, the
detainee avoids eating the food provided by MCDC. 294 Notwithstanding, she always takes a
food tray during meal times to avoid being placed on "suicide watch" for failing to eat and
generally gives her food to fellow inmates. 295
E.

Access to Dental Care

The Standards require that detainees have an initial dental screening exam within
fourteen days of the detainee's arrival, and require the facility to provide emergency dental
treatment and repair of prosthetic appliances. 296 For detainees who are held in detention for over
six months, routine dental treatment may be provided, including amalgam and composite
restorations, prophylaxis, root canals, extractions, x-rays, the repair and adjustment of prosthetic
appliances and other procedures required to maintain the detainee's health. 297
MCDC does not meet this section of the Standards; detainees do not receive an
initial screening as required by the Standards. MCDC staff stated that there is a dentist on
staff. 298 The Handbook indicates that the dentist is on call one day per week, and that requests to
see the dentist must be made in writing. 299 Consistent with the Handbook, at least one detainee
stated that the dentist only visits for a certain number of hours per week. 300 This detainee
reported she has concerns regarding the quality of dental care provided at the Facility. 301 The
detainee indicated that she has suffered from the discomfort associated with having three
cavities. 302 Accordingly she made an appointment to see the dentist.303 During the visit, the
dentist would only treat one of her cavities, as opposed to all three. 304 The dentist indicated that
he only "has time to treat one tooth at a time." 305 To obtain treatment for the other two cavities,
the detainee stated that she would have to make two more appointments, one tooth per month. 306
Another detainee said she has not been able to see a dentist. 307

292

Notes of delegation member
on conversation with detainee
Notes of delegation member
on conversation with detainee
b6
294
Notes of delegation member
on conversation with detainee
295
Notes of delegation member
on conversation with detainee
296 Detention Operations Manual, Health Services, Standard 2, Section III.E.
297 Detention Operations Manual, Health Services, Standard 2, Section III.E.
298 Notes of delegation member
b6
, on conversation with detainee
299 MCDC Handbook at 17.
300 Notes of delegation member
, on conversation with detainee
301 Notes of delegation member
, on conversation with detainee
302 Notes of delegation member
, on conversation with detainee
303
b6
Notes of delegation member
on conversation with detainee
304
Notes of delegation member
on conversation with detainee
305
Notes of delegation member
on conversation with detainee
306
Notes of delegation member
on conversation with detainee
307 Notes of delegation member
b6
, on conversation with detainee
293

22

b6, b7C

b6, b7C

.

b6, b7C

.
.
.
.
.
.
.

b6, b7C

.

F.

Hunger Strikes

The Standards require that all facilities follow accepted standards of care in the medical
and administrative management of hunger-striking detainees. 308 Facilities must do everything
within their means to monitor and protect the health and welfare of the hunger-striking detainee
and must make every effort to obtain the hunger striker's informed consent for treatment. 309 In
IGSA facilities, the "OIC of the facility shall notify [ICE] that a detainee is refusing treatment.
Under no circumstances are IGSA facilities to administer forced medical treatment unless
granted permission from [ICE]." 310
MCDC meets this section of the Standards. If an inmate or detainee declares a hunger
strike, the medical staff assesses the mental state of the patient, and regularly monitors the
patient, including his or her food intake, liquid intake, weight, and vital signs. 311 When the
Facility housed male detainees, the detainees would frequently go on hunger strikes. 312
Consequently, the staff has some experience dealing with this issue. 313 However, the staff did
not recall a time when a female detainee went on a hunger strike. 314 The Facility does not force
feed detainees on a hunger strike; rather, when a detainee goes on a hunger strike, the Facility
would contact ICE. 315
G.

Detainee Classification System

The Standards require that detention facilities use a classification system and physically
separate detainees into different categories. 316 Detainees must be assigned to the least restrictive
housing unit consistent with facility safety and security. 317 A detainee's classification is to be
determined on "objective" criteria, including criminal offenses, escape attempts, institutional
disciplinary history, violent incidents, etc. 318 Opinions, unconfirmed and unverified information,
and physical characteristics and appearance are not to be taken into account. 319 Classification is
required in order to separate detainees with no or minimal criminal records from inmates with
serious criminal records. 320 Detainees with a history of assaultive or combative behavior are not
to be housed with non-assaultive detainees. 321
The Standards state that all facility classification systems shall allow classification levels
to be re-determined and include procedures by which new arrivals can appeal their classification

308

Detention Operations Manual, Health Services, Standard 1, Section I.
Detention Operations Manual, Health Services, Standard 1, Section I.
310 Detention Operations Manual, Health Services, Standard 1, Section III.D.
311 Notes of delegation member
, on conversation with Lieutenant
312
Notes of delegation member
, on conversation with Lieutenant
313
b6
Notes of delegation member
, on conversation with Lieutenant b6, b7C
314
Notes of delegation member
, on conversation with Lieutenant
.
315
Notes of delegation member
, on conversation with Lieutenant
316 Detention Operations Manual, Detainee Services, Standard 4, Section I.
317 Detention Operations Manual, Detainee Services, Standard 4, Section III.F.
318 Detention Operations Manual, Detainee Services, Standard 4, Section III.D.
319 Detention Operations Manual, Detainee Services, Standard 4, Section III.D.
320 Detention Operations Manual, Detainee Services, Standard 4, Sections III.A & III.E.
321 Detention Operations Manual, Detainee Services, Standard 4, Section III.F.
309

23

levels. 322 Finally, the detainee handbook's section on classification must include (1) an
explanation of the classification levels, with the conditions and restrictions applicable to each,
and (2) the procedures by which a detainee may appeal his classification. 323
It is unclear whether MCDC fully meets this section of the Standards; female
detainees are housed with inmates who have a history of violence. MCDC has an eight-tier
classification system based on security risk. 324 Detainees are always classified as a "number
four" because they fall under the "Detainer Warrants" category. 325 Beyond this default
classification, MCDC does not further categorize detainees.326 The classification of detainees at
MCDC is based on the experience and classification of other detention facilities, such as Krome,
with individual detainees. 327 MCDC will not accept or maintain violent detainees at the
Facility. 328 If a security issue arises, the Facility will contact ICE to have the detainee
removed. 329 The Facility has never had to transfer a female detainee for security reasons. 330
All women inmates and detainees, except for those in segregation, are housed together in
the Housing Unit. 331 Once officials at the Facility determine that an inmate or detainee held in
segregation no longer poses a threat to the group, they reintroduce the inmate or detainee into the
general population in the Housing Unit. 332 When officials believe that a female inmate or
detainee is not capable of being reintroduced to the Housing Unit, they seek to transfer the
inmate or detainee from MCDC. 333 MCDC officials stated that, because of the limited housing
for female inmates and detainees at MCDC, female detainees share a housing unit with female
inmates that have criminal records or a prior history of violence. 334
H.

Detainee Grievance Procedures

The Standards require that every facility develop and implement standard procedures for
handling detainee grievances and encourage that the facility initially seek to resolve grievances
informally before having to engage in a more formalized procedure. 335 Translating assistance

322

Detention Operations Manual, Detainee Services, Standard 4, Sections III.G & H.
Detention Operations Manual, Detainee Services, Standard 4, Section III.I.
b6
Notes of delegation member
, on conversation with Programs Assistant
; Detention
b6
Classification Tree.
325
b6
b6
Notes of delegation members
and
, on conversation with Programs Assistant
b6
.
326
Notes of delegation member
, on conversation with Programs Assistant
.
327
b6
b6
Notes of delegation member
, on conversation with Programs Assistant
.
328
Notes of delegation member
, on conversation with Programs Assistant
.
329
b6
Notes of delegation member
, on conversation with Programs Assistant
.
b6
330
b6
Notes of delegation member
, on conversation with Programs Assistant
.
b6
331
b6
b6
Notes of delegation member
, on conversation with Programs Assistant
, and
Lieutenant b6, b7C
332
b6
b6
Notes of delegation member
on conversation with Programs Assistant
, and
Lieutenant b6, b7C
333
b6
Notes of delegation member
on conversation with Programs Assistant
and
b6
Lieutenant b6, b7C
334
b6
Notes of delegation member
on conversation with Programs Assistant
and
b6
Lieutenant b6, b7C
335 Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.A.
323
324

24

for both formal and informal grievances must be provided upon request. 336 The Standards also
require that each facility establish a reasonable time limit for: (1) “processing, investigating, and
responding to grievances”; (2) “convening a grievance committee to review formal complaints”;
and (3) "providing written responses to detainees who filed formal grievances, including the
basis for the decision." 337 All grievances must receive supervisory review, include guarantees
against reprisal, and allow for appeals. 338 All facilities must have a method for documenting
detainee grievances. 339 The Standards require detainee handbooks to provide an explanation of
the grievance procedures, including (1) the procedures for appealing decisions to ICE, and (2)
the opportunity to file a complaint about officer misconduct directly with the Justice Department
(including the phone number and address). 340
MCDC does not fully meet this section of the Standards: according to facility staff,
there are no guarantees against reprisal for grievances, and one detainee reported she was
retaliated against for filing a grievance. In addition, the Handbook does not include
information for appealing to ICE. There appear to be two procedures by which detainees can
present their grievances: (i) detainees may orally voice their concern to staff members and (ii)
detainees may complete a grievance form. 341 When detainees voice their concerns orally, staff
members try to resolve the issue before them. 342 If the problem is not resolved immediately, the
staff member will fill out and submit a grievance form on behalf of the detainee.343 When
detainees submit grievance forms, they can chose to fill out an internal grievance form that is
submitted to supervising officials at MCDC, or they may fill out the “INS Detainee Request
Form” which is sent directly to ICE. 344 The forms will be returned to the detainee with a written
response provided on the bottom half of the form. 345 There is no formal tracking mechanism for
the forms. 346 No information is provided as to the review process for the specific issues
identified on the grievance form. 347
MCDC staff and other detainees provide assistance to those detainees that are unable to
complete and file formal grievances. 348 This assistance has often included translation assistance
for non–English speaking detainees. 349 According to facility staff, there are no guarantees
against reprisals for filing grievances concerning staff at the facility. 350 However, detainees can
request protective custody. 351

336

Detention Operations Manual, Detainee Services, Standard 5, Sections III.A.1 & 2.
Detention Operations Manual, Detainee Services, Standard 5, Section I.
338 Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.C & D.
339 Detention Operations Manual, Detainee Services, Standard 5, Section III.E.
340
Detention Operations Manual, Detainee Services, Standard 5, Section III.G.
341
Notes of delegation member
on conversation with Lieutenant
342
Notes of delegation member
on conversation with Lieutenant
343
Notes of delegation member
on conversation with Lieutenant
344
Notes of delegation member
on conversation with Lieutenant
345
Notes of delegation member
on conversation with Lieutenant b6, b7C
b6
346 Notes of delegation member
, on conversation with Lieutenant
347
Notes of delegation member
on conversation with Lieutenant
348
Notes of delegation member
on conversation with Lieutenant
349
Notes of delegation member
on conversation with Lieutenant
350
b6
b6
Notes of delegation members
and
, on conversation with Lieutenant b6, b7C
351
b6
Notes of delegation member
on conversation with Lieutenant b6, b7C
337

25

The procedures described in the Handbook do not accurately reflect the actual grievance
procedures. In addition, in the Handbook here is (i) no discussion advising detainees of the
procedures for appealing a decision to ICE, (ii) no information on filing a complaint directly with
the Department of Justice, and (iii) no contact information for the Department of Justice (or DHS
OIG). 352
A number of detainees interviewed had concerns about the grievance process. One
detainee filed a grievance after she was called "stupid" by a deputy. 353 The deputy found a
problem when she inspected the detainee's cell, but would not inform the detainee as to the
violation or whether it could be corrected. 354 Even though the detainee filed a written grievance,
she had not received a response. 355
A second detainee had a major concern about one of the Facility guards, whom she
referred to as "Major b6, b7C . 356 The detainee stated that she was retaliated against by this guard
for filing a grievance. 357 She filed a grievance form seeking to speak to the guard's supervisor
about Major b6, b7C, but said that the supervisor did not take her concern seriously, and
embarrassed her by having a public discussion about it. 358
A third detainee submitted a grievance form regarding the lack of milk and soft bread in
the detainees' diet. 359 The detainee felt that it was unfair that only detainees on kosher diets can
get milk, 360 and maintains that all of the detainees signed the grievance seeking milk. 361 The
detainee asserts that the written answer to the detainees' request stated that "if you don't like it,
go back to your country." 362 The detainee saw the written answer attached to a copy of the
original grievance form submitted by the detainee. 363

352

MCDC Handbook at 12.
Notes of delegation member
, on conversation with detainee
b6
b6, b7C
Notes of delegation member
on conversation with detainee
355
Notes of delegation member
on conversation with detainee
356
Notes of delegation member
, on conversation with detainee
357
b6
Notes of delegation member
, on conversation with detainee
b6, b7C
358
Notes of delegation member
, on conversation with detainee
359
Notes of delegation interview with MCDC detainee who chose to remain anonymous.
360
Notes of delegation interview with MCDC detainee who chose to remain anonymous.
361
Notes of delegation interview with MCDC detainee who chose to remain anonymous.
362
Notes of delegation interview with MCDC detainee who chose to remain anonymous.
363
Notes of delegation interview with MCDC detainee who chose to remain anonymous.
353
354

26

.
.
.

I.

Disciplinary Policy

The Standards state that facility authorities "will impose disciplinary sanctions on any
detainee whose behavior is not in compliance with facility rules and procedures" in order "to
provide a safe and orderly living environment." 364 Each facility holding ICE detainees must have
a detainee disciplinary system which has "progressive levels of reviews, appeals, procedures, and
documentation procedures." 365 The disciplinary policy must clearly define detainee rights and
responsibilities, and any disciplinary action taken must not be capricious or retaliatory. 366
The following sanctions may not be imposed: "corporal punishment; deviations from
normal food services; deprivation of clothing, bedding, or items of personal hygiene; deprivation
of correspondence privileges; or deprivation of physical exercise unless such activity creates an
unsafe condition." 367 Detainees in disciplinary segregation shall ordinarily have access to
visitation and the law library. 368 Officers who witness a prohibited act must prepare and submit
an incident report. 369 The Standards provide that all incident reports filed by officers must be
investigated within twenty-four hours of the incident. 370
The Detainee Handbook must notify detainees of the disciplinary process, the prohibited
acts and disciplinary severity scale, and the procedure for appeals. 371 The handbook must also
notify detainees of specific rights, including the right to protection from abuse, harassment, and
discrimination, the right to pursue a grievance, and the right to due process, including prompt
resolution of a disciplinary matter. 372
MCDC substantially meets this section of the Standards; however, the Handbook
states that visitation and law library access will be denied to individuals found guilty of a
Disciplinary Report. 373 MCDC policy requires that all behavior that rises to the level of a
"disciplinary infraction" be documented. 374 Minor infractions are documented by use of a
"ticket". 375 If an inmate receives three tickets within a thirty-day period, the inmate is placed in
the Administrative Segregation Unit ("ASU"). 376 Inmates and detainees who raise security
concerns or violate institutional policy are held in the ASU, in what the officials at the Facility
call "disciplinary lockdown." 377 Guards are permitted to issue two-hour "time-outs" for minor

364

Detention Operations Manual, Security and Control, Standard 5, Section I.
Detention Operations Manual, Security and Control, Standard 5, Section III.A.1.
366 Detention Operations Manual, Security and Control, Standard 5, Sections III.A.1 & 2.
367 Detention Operations Manual, Security and Control, Standard 5, Section III.A.3.
368 Detention Operations Manual, Security and Control, Standard 5, Section III.C, and Standard 14, Sections
III.D.15 & 17.
369 Detention Operations Manual, Security and Control, Standard 5, Section III.B.
370 Detention Operations Manual, Security and Control, Standard 5, Sections III.B & C.
371 Detention Operations Manual, Security and Control, Standard 5, Section III.I.
372 Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.
373 MCDC Handbook at 4.
374 Notes of delegation members
and
, on conversation with Captain
375
b6
b6
Notes of delegation members
and
, on conversation with Captain b6, b7C
376
Notes of delegation members
and
, on conversation with Captain
377
b6
b6
Notes of delegation member
, on conversation with Programs Assistant
Lieutenant b6, b7C
365

27

, and

infractions, and there is no need for the guard to document the infraction. 378 One detainee stated
that she was placed in lockdown early because of the way she responded to Officer b6, b7C when
the officer asked her a question. 379
Detainees who receive a formal disciplinary infraction are given a written notice of the
infraction, removed from the Housing Unit, and placed in the ASU. 380 A detainee who has been
placed in ASU receives notice of the alleged infraction within twenty-four hours. 381 If the
detainee chooses to plead not guilty, then a hearing will be held within five business days. 382
b6
Hearings are held before three people, including one "certified" member, Mr.
, and
383
The guard who issued the infraction is not allowed to
two other rotating committee members.
sit on the three-person panel. 384
Detainees can call witnesses but they are not provided with a representative to help
defend themselves. 385 A detainee may also interview witnesses in her defense. 386 Detainees may
choose whether or not to be present at hearings. 387 Interpreters are made available for the
hearings. 388 If found guilty, detainees have five days to send an appeal to Captain b6, b7C who
can then reduce, but not enhance, the punishment. 389 A preponderance of the evidence standard
is applied at these hearings. 390 The range of punishments may include loss of visitation and
disciplinary confinement (the maximum amount of time being thirty days). 391
b6
In the case of a mentally incompetent inmate, the psychiatry nurse,
notifies the disciplinary officers that it serves no disciplinary purpose to issue an infraction. 392
b6
Staff serving mentally incompetent inmates include Nurse
, the psychiatrist, Dr. b6
393
and a staff nurse who works six hours a week.

The Handbook notifies the detainees of the disciplinary process, the prohibited acts and
disciplinary severity scale, and the appeal procedure of disciplinary findings. In addition, the
Handbook notifies detainees of the Facility's rules of conduct and the sanctions imposed for the
violation of these rules.
J.

378

Special Management Unit

Notes of delegation members
Notes of delegation member
380
Notes of delegation members
381
Notes of delegation members
382
Notes of delegation member
383
Notes of delegation member
384
Notes of delegation members
385
Notes of delegation members
386
Notes of delegation member
387
Notes of delegation members
388
Notes of delegation members
389
Notes of delegation members
390
Notes of delegation member
391
Notes of delegation member
392
Notes of delegation members
393
Notes of delegation members

b6

379

b6
b6

b6

b6
b6

b6

b6
b6
b6

b6
and
, on Conversation with Captain b6, b7C .
b6, b7C
, on conversation with detainee
.
and
on
conversation
with
Lieutenant
b6
b6, b7C
and
on conversation with Lieutenant
, on conversation with Lieutenant
and Captain
b6, b7C
b6, b7C
, on conversation with Lieutenant
and Captain
and
, on Conversation with Captain b6
b6
and
, on conversation with Lieutenant b6, b7C
, on conversation with b6, b7C
and
, on conversation with Captain
.
b6
and
, on conversation with Captain b6, b7C .
and
, on conversation with Captain
.
, on conversation with Captain b6, b7C
, on conversation with Captain b6, b7C .
and
on conversation with Captain b6, b7C
b6
and
on conversation with Captain

28

The Standards require that each facility establish a Special Management Unit ("SMU")
that will isolate certain detainees from the general population. 394 The Standards for
Administrative and Disciplinary Segregation differ somewhat from one another, but both provide
for legal access and other protections. 395 A detainee may be placed in disciplinary segregation
only by order of the Institutional Disciplinary Committee after a hearing in which the detainee
has been found to have committed a prohibited act. 396 The disciplinary committee may order
placement in disciplinary segregation only when alternative dispositions would inadequately
regulate the detainee's behavior. 397
All cells in the SMU must be well ventilated, appropriately heated, and sanitary, and
must be equipped with beds. 398 Segregated detainees shall have the opportunity to maintain a
normal level of personal hygiene. 399 Recreation shall be provided to detainees in segregation in
accordance with the "Recreation" standard. 400 Access to the law library shall generally be
granted to detainees in segregation. 401 Detainees generally retain visiting privileges while in
disciplinary segregation, and may not be denied legal visitation. 402
Detainees in administrative segregation generally have the same telephone privileges as
other detainees, while detainees in disciplinary segregation shall be restricted to telephone calls
for calls relating to the detainee's immigration case or other legal matters, calls to
consular/embassy officials, and family emergencies. 403 Detainees in segregation shall have the
same correspondence privileges as detainees in the general population. 404
MCDC appears to meet these Standards. The delegation was advised during its visit
that the Facility has one SMU for female inmates called the "disciplinary confinement unit." 405
The ASU is not only used for disciplinary confinement, but also for administrative confinement
and for protective custody reasons. 406 There is no discussion in the Handbook on how an
individual may end up in the ASU, and no discussion as to any of the procedural due process
rights a detainee may have to appeal a finding resulting in a confinement in ASU.

394

Detention Operations Manual, Security and Control, Standard 14, Section I.
Detention Operations Manual, Security and Control, Standard 14, Section III.A.
396 Detention Operations Manual, Security and Control, Standard 14, Section III.A.
397 Detention Operations Manual, Security and Control, Standard 13, Section III.D.2, and Standard 14, Section
III.D.6.
398 Detention Operations Manual, Security and Control, Standard 14, Section III.D.II.
399 Detention Operations Manual, Security and Control, Standard 13, Section III.D.8, and Standard 14, Section
III.D.13.
400 Detention Operations Manual, Security and Control, Standard 13, Section III.D.18, and Standard 14, Section
III.D.15.e.
401 Detention Operations Manual, Security and Control, Standard 13, Sections III.E.13 & 14, and Standard 14,
Section III.D.17.
402 Detention Operations Manual, Security and Control, Standard 13, Section III.D.16.
403 Detention Operations Manual, Security and Control, Standard 14, Section III.D.19.
404 Detention Operations Manual, Security and Control, Standard 13, Section III.D.20, and Standard 14, Section
III.D.18.
405
b6
Notes of delegation member
, on conversation with Lieutenant b6, b7C
406
b6
b6
Notes of delegation members
and
, on conversation with Captain b6, b7C .
395

29

The ASU can house up to seventeen female inmates. 407 The cells in the ASU appeared to
be well-ventilated, appropriately heated, and sanitary, and were equipped with beds. 408 The
segregation day area has four tables with chairs, two telephones, one TV, one ping-pong table,
one water fountain, and one officer who supervises the inmates. 409 There is also a large bulletin
board in the segregation day area, where recreation, laundry, visitation, and library schedules are
posted. 410
Female detainees in segregation use the outdoor recreation room in the Housing Unit
according to a schedule that limits the number allowed at any one time; security concerns
sometimes dictate that an individual use the room alone. 411 Inmates in segregation have one
hour during the day shift and another hour during the night shift to use the recreation room, as
well as to shower, clean their cell, and make telephone calls. 412 In general, Captain b6, b7C stated
that detainees in segregation retain most of their privileges, such as visitation and the ability to
make phone calls, unless the infraction stemmed from abuse of one of those privileges. 413
Inmates in segregation are reviewed every Wednesday. 414 Inmates are automatically
released from segregation upon completion of their time served unless they receive another
infraction during their time in segregation.415
K.

Staff-Detainee Communication/ICE Presence at the Facility

The Standards require that procedures be in place "to allow for formal and informal
contact between key facility staff, 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." 416 The
Standards require that both weekly visits be conducted by ICE personnel and that "regular
unannounced (not scheduled) visits" be conducted by the ICE OIC, the Assistant OIC, and
designated department heads. 417 Unannounced visits to the facility's housing areas must be
conducted on a regular basis. 418 The purpose of such visits is to monitor housing conditions,
interview detainees, review records, and answer questions for detainees who do not comprehend
the immigration removal process. 419 The Standards also require that detainees "have the
opportunity to submit written questions, requests, or concerns to ICE staff," which "shall be
delivered to ICE staff by authorized personnel (not detainees) without reading, altering, or
delay." 420 All facilities that house ICE detainees must have "written procedures to route detainee
407

and

408
409

b6

b6
Notes of delegation members
Observation of delegation member
Observations of delegation members
410
Notes of delegation members
411
b6
Notes of delegation members
412
Notes of delegation members
413 Notes of delegation member
b6
414
b6
Notes of delegation members

, on conversation with Captain

b6

.
and

b6, b7C

.

.
, on conversation with Captain b6, b7C
b6
, on conversation with Deputy b6, b7C
, on conversation with Deputy
, on conversation with Captain b6, b7C .
b6
and
, on conversation with Deputy b6, b7C and Captain

b6

b6

and
and
and

b6, b7C

415

b6
Notes of delegation member
, on conversation with Captain b6, b7C
Detention Operations Manual, Detainee Services, Standard 15, Section I.
417 Detention Operations Manual, Detainee Services, Standard 15, Section III.A.
418 Detention Operations Manual, Detainee Services, Standard 15, Section III.A.1.
419 Detention Operations Manual, Detainee Services, Standard 15, Section III.A.
420 Detention Operations Manual, Detainee Services, Standard 15, Section III.B.

416

30

requests to the appropriate ICE official" and must assist detainees "who are disabled, illiterate, or
know little or no English." 421 Moreover, the Standards suggest that detainee requests be
forwarded to the appropriate ICE office within seventy-two hours and "answered as soon as
possible or practicable, but not later than seventy-two hours from receiving the request." 422 The
Handbook must state that detainees may submit written questions and requests to ICE staff and
the procedures for doing so. 423
MCDC does not meet this section of the Standards; facility staff read the written
requests to ICE before sending them, and the MCDC Handbook does not inform detainees
how to submit written requests to ICE. While MCDC does not have an ICE presence on site,
ICE officials do visit the Facility once a week, usually on Wednesdays or Thursdays. 424 The
Handbook does not include the procedure for detainees to contact ICE staff, 425 so detainees must
be informed by staff. Detainees may contact ICE by phone or by filing an ICE grievance
form. 426 MCDC faxes the detainees' written requests to ICE daily. 427 The guards at the Facility
read the INS [ICE] Detainee Request Forms before they are faxed, which violates that
Standard. 428 the guards make an effort to remediate the detainee's concern. 429 In those cases
where MCDC staff believe that they have resolved the issue, the deputy writes an addendum to
the detainee's grievance form to indicate that the staff at the Facility have already resolved the
issue. 430 Although the deputies read the grievance forms and may attach addendums with their
comments, the written requests are always faxed to ICE. 431 MCDC staff do not keep a record of
the detainee requests sent to (or the responses received from) ICE. 432
L.

Religious Practices

The Standards require that detainees of different religious beliefs be provided with
reasonable and equitable opportunities to participate in the practices of their respective faiths. 433
According to the Standards, these "opportunities will exist for all equally, regardless of the
number of practitioners of a given religion, whether the religion is 'mainstream,' whether the
religion is 'Western' or 'Eastern,' or other such factors. Opportunities will be constrained only by
concerns about safety, security, the orderly operation of the facility, or extraordinary costs
associated with a specific practice." 434 Moreover, a facility's staff shall make "all reasonable
efforts to accommodate" special food services required by a detainee's particular religion. 435

421

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.1.
423 Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.
424
Notes of delegation member
, on conversation with Lieutenant
b6
b6, b7C
425
Notes of delegation member
, on conversation with Lieutenant
426
b6
Notes of delegation member
on conversation with Lieutenant b6, b7C
427
b6
Notes of delegation member
, on conversation with Lieutenant b6, b7C
428 Notes of delegation member
, on conversation with Lieutenant
429
b6
Notes of delegation member
, on conversation with Lieutenant b6, b7C
430
Notes of delegation member
, on conversation with Lieutenant
431
b6
Notes of delegation member
on conversation with Lieutenant b6, b7C
432
b6
Notes of delegation member
, on conversation with Lieutenant b6, b7C
433 Detention Operations Manual, Detainee Services, Standard 14, Section I.
434 Detention Operations Manual, Detainee Services, Standard 14, Section I.
435 Detention Operations Manual, Detainee Services, Standard 14, Section III.M.
422

31

Detainees in confinement must also be permitted to participate in religious practices, consistent
with the safety, security, and orderly operation of the facility. 436
MCDC appears to meet this section of the Standards. MCDC provides detainees with
opportunities to participate in religious practices. 437 If a detainee practices a religion that is not
common, the Facility attempts to accommodate the religious practices associated with such
religion. 438 Clergy, such as Catholic priests and rabbis, frequently visit the Facility. 439 In
addition, a non-denominational chaplain, who recently retired, visited the Facility for several
years, the Facility is now looking for a replacement. 440 When visiting the Facility, clergy must
abide by the regular visitation hours. 441
The Handbook indicates that all religious programs are administered by the Programs
Department, and that a Chaplain is available and visits by community ministers may be
arranged. 442 According to the Handbook, religious services are held weekly in each Facility for
all inmates not on lockdown. 443 Those inmates in lockdown may complete an Inmate Request
Form if they desire to have the chaplain visit with them. 444
Detainees with special religious diets may request special meals. 445 There is a written
procedure detailed in the Handbook for the Programs Department to confirm with an outside
person that the detainee practices a specific religion and requires a special diet. 446 Detainees are
also permitted to fast as long as the fasting is approved and verified by the Programs
Department. 447 While MCDC has on occasion modified a detainee's meals time to accommodate
religious requirements (e.g., the Muslim faith), detainees do not often make such requests. 448
M.

Voluntary Work Program

The Standards require that all facilities with work programs provide an opportunity for
physically and mentally capable detainees to "work and earn money." 449 Participation must be
voluntary. 450
MCDC does not meet this section of the Standards; detainees are unable to earn
money for their work. ICE detainees are not eligible for work-release assignments that inmates

436
437

Detention Operations Manual, Detainee Services, Standard 14, Section III.O.
Notes of delegation member
, on conversation with Lieutenant
438
b6
Notes of delegation member
, on conversation with Lieutenant b6, b7C
439
Notes of delegation member
, on conversation with Lieutenant
440
Notes of delegation member
, on conversation with Lieutenant
b6
b6, b7C
441
Notes of delegation member
, on conversation with Lieutenant
442 MCDC Handbook at 24.
443 MCDC Handbook at 24.
444 MCDC Handbook at 24.
445 Notes of delegation member
b6
on conversation with Lieutenant b6, b7C
446 MCDC Handbook at 20-21.
447
b6
Notes of delegation member
, on conversation with Lieutenant b6, b7C
448
b6
Notes of delegation member
on conversation with Lieutenant b6, b7C
449 Detention Operations Manual, Detainee Services, Standard 37, Sections I & III.A.
450 Detention Operations Manual, Detainee Services, Standard 37, Sections IIII.A & H.

32

may take. 451 Four women in the Housing Unit are given the status of "in-house trustees," and
serve food, clean, do laundry, help with hallway detail and can work on the farm, but they do not
receive compensation for the work and are not eligible for the “gain time” that inmates may
earn. 452
N.

Detainee Transfer

When transferring a detainee, the Standards require ICE to take into consideration
whether a detainee is represented before the immigration court, and the location of the attorney
and the court. 453 The Standards require ICE to notify a detainee's legal representative of record
that the detainee is being transferred. 454 Indigent detainees will be permitted to make a single
domestic telephone call at government expense upon arrival at their final destination; nonindigent detainees will be permitted to make telephone calls at their own expense. 455 Records
including the detainee's Alien File ("A-file") and health records (or transfer summary for IGSAs)
must accompany the detainee.456 Prior to transfer, medical personnel must provide the
transporting officers with instructions and any applicable medications for the detainee's care;
medications must be turned over to an officer at the receiving field office. 457 A detainee's legal
materials, cash, and small valuables shall always accompany the detainee to the receiving
facility; larger items may be shipped. 458
MCDC meets this section of the Standards. Captain Phelps stated that when ICE
detainees arrive at MCDC, they are allowed to make phone calls to inform their family or
attorney of their arrival. 459 One detainee stated that when she was transferred from a West Palm
Beach detention facility, she was able to call her family upon arriving at MCDC. 460 Detainees
are limited to what they can bring and are told by ICE to leave any personal items in a "locker" at
Krome or the ICE facility where they were processed. 461 Medical records are sent with the
detainee and any medications are provided to the detainee by MCDC. 462
V.

CONCLUSION

MCDC meets the requirements of several of the ICE Detention Standards but fails to
meet a number of others. The delegation makes the following recommendations so that the
facility may fulfill its obligations under the Standards:
Visitation
451

b6
Notes of delegation member
on conversation with Deputy b6, b7C
b6
b6
Notes of delegation members
and
on conversation with Deputy b6, b7C
453 Detention Operations Manual, Detainee Security and Control, Standard 4, Section I.
454 Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.A.
455 Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.G.
456 Detention Operations Manual, Detainee Security and Control, Standard 4, Sections III.D.1 and III.D.6.
457 Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.D.D. [sic.]
458 Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.E.
459 Detention Operations Manual, Detainee Security and Control, Standard 4, Section I.
460
b6
b6
b6, b7C
Notes of delegation members
and
, on conversation with detainee
461 Detention Operations Manual, Detainee Security and Control, Standard 4, Section I.
462 Detention Operations Manual, Detainee Security and Control, Standard 4, Section I.

452

33

.



MCDC should provide information in the Handbook regarding attorney visitation;



MCDC should correct the inconsistency between the Handbook information
regarding "family and friends" visitation and the stated policy applied at the Facility;



Given the distance of the Facility from urban areas, MCDC should consider allowing
for additional time when visitation rules pose a hardship for family members.

Telephone Access


MCDC should not limit phone calls to fifteen minutes, and should provide
consistency regarding when the phones are available for use;



MCDC should install privacy panels or otherwise place telephones so that detainees
can make legal phone calls without being overheard by others;



MCDC should not record or monitor, in any matter whatsoever, legal phone calls
(absent a court order). If regular phone calls are monitored, MCDC should provide
detainees with the procedure for obtaining an unmonitored call for legal purposes;



MCDC should have a policy of delivering phone messages to detainees and not rely
on individual staff to determine whether messages should be delivered.



MCDC should attempt to deliver calling cards under the canteen system early in the
week so that detainees can reach their legal counsel before regularly scheduled
hearings, which usually occur on Mondays;



MCDC should provide user-friendly instruction for detainees (and written procedures
in the Handbook) regarding the use of the pre-programmed phone system.

Access to Legal Materials


MCDC should allow the Immigration Law Library to remain open on the weekends
given that many regularly scheduled court hearings occur on Mondays;



MCDC’s Immigration Law Library should provide access to all of the legal materials
listed in the Standards and ICE should replace all damaged, destroyed, and stolen
materials;



For detainees, the Handbook should describe the hours and access for the
Immigration Law Library (as opposed to the main MCDC library);



MCDC should ensure that pens, pencils, envelopes and stamps are available and
provide information in the Handbook regarding how both indigent and non-indigent
detainees can obtain them;



Indigent detainees should be provided with free envelopes and free postage according
to the Standards (with no dollar limit) for legal correspondence;
34

Correspondence


MCDC personnel should not read any legal mail sent to or from detainees and, if the
Facility determines that incoming legal mail must be inspected, such inspections
should only occur in the presence of the detainee.

Dental Treatment


MCDC should provide detainees with a dental screening exam within fourteen days
of the detainee’s arrival at the facility.

Detainee Grievance Procedures


MCDC should inform detainees of the grievance process, and that process should also
be described in the Handbook;



In all cases, MCDC should provide written responses to detainees who file formal
grievances, including the basis for the decision;



All grievances should receive supervisory review and allow for appeals;



The Handbook should provide an explanation of the grievance procedures, including
(1) the procedures for appealing decisions to ICE, and (2) the opportunity to file a
complaint about officer misconduct directly with the Justice Department (or
appropriate departments, including DHS OIG), including the phone number and
address.

ICE Presence at the Facility


MCDC should develop written operating procedures that inform detainees of how to
contact ICE and that process should also be described in the Handbook;



MCDC staff should transmit detainee requests to ICE without reading them.

Voluntary Work Programs


Detainees who are physically and mentally able to work should be provided the
opportunity to participate in voluntary work to earn money.

Need for Detainee-Appropriate Handbook


MCDC should ensure that the Handbook is provided to all incoming detainees. The
Handbook should correctly describe the policies, rules, services, programs, and rights
applicable to immigration detainees through the Standards; the handbook should not
contradict the Standards or otherwise mislead detainees as to their rights.

35

b6

b6

Delegation Report

Source

Standard 17, Visitation
 III.B. Notification. The facility shall provide written
notification of visitation rules and hours in the
detainee handbook …. The facility shall also post these
rules and hours where detainees can easily see them.



Inmate handbook

Security and Control Standard 13, Special Management
Unit (Administrative Segregation)
 III.D.13. The facility shall follow the “Visitation”
standard in setting visitation rules for detainees in
administrative segregation. Ordinarily, a detainee
retains visitation privileges while in administrative
segregation. … Detainees in administrative segregation
may not be denied legal visitation, but reasonable
security precautions will be taken where necessary.
Standard 16, Telephone Access
 III.A. The facility shall provide detainees with
reasonable access to telephones during established
facility waking hours ….



The inmate handbook does not contain any
information related to attorney visitations. (p.3
¶2)
The inmate handbook states the visitation rules
would be posted, but visitation policies for family
and friends are not posted. (p.6 ¶1)
The inmate handbook states that visitation will
be denied to individuals found guilty of a
Disciplinary Report. (p.27 ¶4)

Detainees reported that phones are turned off
and inaccessible for long periods during the day.
(p.6 ¶4)
Detainees reported delays of several days in
receiving canteen items, which include phone
cards. (p.7 ¶2)

Detainee





Detainee
anonymous
detainee
Delegation
observations;
detainee

i

Detainee
;
Lieutenant

b6, b7C



o

b6, b7C



No instruction is given to detainees on how to use
the pre-programmed phone system for free legal
service providers and consulates (p.8 ¶2)
No consulate information provided for Haiti,
even though 7 detainees are Haitian. (p.8 ¶2)
The inmate handbook states that the phones in
the housing areas only allow collect or calling
card calls (actual practice is different). (p.8 ¶2)

;

detainee

b6, b7C



Inmate handbook
and delegation
observations
Inmate handbook

b6, b7C

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 if
there is a compelling need. The facility shall enable all
detainees to make calls to the [ICE]-provided list of
free legal service providers and consulates at no charge
to the detainee or the receiving party.



ICE Response

b6, b7C

4.

ICE Standard*

b6, b7C

3.

b6

2.

b6

1.

b6

b6

Facility Name: MONROE COUNTY DETENTION CENTER, Key West, FL
Date of Tour: August 2, 2007
Tour Participants: Holland & Knight LLP attorneys and summer associates
,
,
,
and
*Standards are Detainee Services Standards unless otherwise indicated. Standards excerpts are typed verbatim. Issues are generally listed in their order from the Report.
Report comments in bold are priority issues for ICE-ABA discussion.

Inmate handbook

ABA Commission on Immigration - Detention Standards Implementation Initiative

6/11/2008

1

The facility limits calls to fifteen minutes. (p.9
¶2)

Detainee



Messages are not always delivered. (p.9 ¶4)

Officer
detainees
b6, b7C

7.



b6, b7C

6.



ABA Commission on Immigration - Detention Standards Implementation Initiative

Delegation
observations
b6, b7C



The facility does not have private areas from
which phone calls can be made. (p.9 ¶2)
The facility monitors and records all phone calls.
(p.9 ¶2)

and

and

Lieutenant
Officer
, and
Inmate handbook
b6, b7C

Standard 16, Telephone Access
 III.F. The facility shall not restrict the number of calls
a detainee places to his/her legal representative, nor
limit the duration of such calls by rule or automatic
cut-off, unless necessary for security purposes or to
maintain orderly and fair access to telephones. If time
limits are necessary for such calls, they shall be no
shorter than 20 minutes, and the detainee shall be
allowed to continue the call if desired, at the first
available opportunity. The facility may place
reasonable restrictions on the hours, frequency and
duration of the other direct and/or free calls listed
above [i.e., “other” than calls to detainee’s legal
representatives].
Standard 16, Telephone Access
 III.I. The facility shall take and deliver telephone
messages to detainees as promptly as possible. When
facility staff receives an emergency telephone call for a
detainee, the caller’s name and telephone number will
be obtained and given to the detainee as soon as
possible. The detainee shall be permitted to return the
emergency call as soon as reasonably possible within
the constraints of security and safety.
Standard 16, Telephone Access
 III.J. The facility shall ensure privacy for detainees’
telephone calls regarding legal matters. For this
purpose, the facility shall provide a reasonable number
of telephones on which detainees can make such calls
without being overheard by officers, other staff or
other detainees. Facility staff shall not electronically
monitor detainee telephone calls on their legal matters,
absent a court order.

b6, b7C

5.

6/11/2008

2



The Handbook states that only inmates who are
"pro-se" inmates will be provided “reasonable
access to the legal materials that are in the law
library.” (p. 11 &3, p.14 ¶1) However, staff
indicated that detainees generally have access to
the law library. (p.11 ¶3)

Inmate handbook;
Lieutenant
,
Deputy



There is no list of holdings posted in the law
library. (p.11 ¶1)
Most of the required legal materials are
unavailable. (p.12 ¶2)
Supplies including writing implements and
envelopes have to be purchased. (p.12 ¶4)

Lieutenant



b6, b7C



b6, b7C

Delegation
observations
Detainee
i and
Deputy
b6, b7C



The Handbook states that law library access will
be denied to individuals found guilty of a
Disciplinary Report. (p.27 ¶4)

Inmate handbook



Informational posters are not posted in advance
of presentations. (p.14 ¶3)

Lieutenant

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C

Standard 1, Access to Legal Material
 III.A. The facility shall provide a law library in a
designated room with sufficient space to facilitate
detainees’ legal research and writing. The law library
shall be large enough to provide reasonable access to
all detainees who request its use.
 III.Q. Notice to Detainees. The detainee handbook …
shall provide detainees with the rules and procedures
governing access to legal materials, including … that a
law library is available for detainee use ….
9. Standard 1, Access to Legal Material
 III.C. The law library shall contain the materials listed
in Attachment A. … The facility shall post a list of its
holdings in the law library.
10. Standard 1, Access to Legal Material
 III.B. Equipment. The law library shall provide an
adequate number of typewriters and/or computers,
writing implements, paper and office supplies to
enable detainees to prepare documents for legal
proceedings.
11. Standard 1, Access to Legal Material
 III.M. Detainees housed in … Segregation units shall
have the same law library access as the general
population, unless compelling security concerns
require limitations.
12. Standard 9, Group Presentations on Legal Rights
 III.C. At least 48 hours before a scheduled
presentation, informational posters … shall be
prominently displayed in housing units, and each
housing unit control officer will hold a sign-up sheet.
… Presentations are open to all detainees … except
when a particular detainee’s attendance would pose a
security risk. … The OIC may limit the number of
detainees at a single session.

b6, b7C
b6, b7C

8.

6/11/2008

3

b6, b7C



The facility does not distinguish between general
correspondence and special correspondence, and
all correspondence including special
correspondence is read by officials outside the
presence of detainees. (p.15 ¶3)

Officer



The inmate handbook does not have visiting hours,
does not provide information on how to contact
ICE, and does not advise detainees of their right to
protection from abuse and discrimination. (p.17 ¶1)

Inmate handbook



Detainees do not receive an initial screening as
required by the Standards. (p.22 ¶3)

Detainee

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C

13. Standard 3, Correspondence and Other Mail
 III.E. Inspection of Incoming Correspondence and
Other Mail. Any such inspection [of incoming special
mail] shall be in the presence of the detainee. Staff
shall neither read nor copy special correspondence.
 III.F. Inspection of Outgoing Correspondence and
Other Mail. Outgoing special correspondence will not
be opened, inspected, or read.
14. Standard 6, Detainee Handbook
Standard 17, Visitation
 III.B. Notification. The facility shall provide written
notification of visitation rules and hours in the detainee
handbook or equivalent, given each detainee upon
admittance. The facility shall also post these rules and
hours where detainees can easily see them.
Standard 15, Staff-Detainee Communication
 III.B.3. Detainee Handbook. … The handbook shall state
that the detainee has the opportunity to submit written
questions, requests, or concerns to ICE staff and the
procedures for doing so ….
Security and Control Standard 17, Disciplinary Policy
 III.A.5. The detainee handbook or equivalent … shall
advise detainees of the following: a. the right to protection
from personal abuse, … b. the right of freedom from
discrimination based on race, religion, national origin,
sex, handicap, or political beliefs ….
15. Health Services Standard 2, Medical Care
 III.E. Dental Treatment. An initial dental screening exam
should be performed within 14 days of the detainee’s
arrival.

6/11/2008

4



Programs
Assistant
Lieutenant



Detainees did not receive responses to their written
grievances. (p.26 ¶2)

Detainee



There are no guarantees against reprisal for
grievances. (p.25 ¶3)
A detainee reported she was she was retaliated
against by a guard for filing a grievance. (p.26
¶3)
The procedures described in the Handbook do not
accurately reflect the actual grievance procedures
and it does not include information for appealing to
ICE. (p. ¶)

Lieutenant



ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainee

;

b6, b7C b6, b7C

19. Standard 5, Detainee Grievance Procedures
 III.G. Detainee Handbook. … The grievance section of the
detainee handbook will provide notice of the following:
4. The procedures for contacting the [ICE] to appeal the
decision of the OIC of a CDF or an IGSA facility. 5. The
policy prohibiting staff from harassing, disciplining,
punishing or otherwise retaliating against any detainee for
filing a grievance. 6. The opportunity to file a complaint
about officer misconduct directly with the Justice
Department…

Female detainees are housed with inmates who
have a history of violence. (p.24 ¶3)

b6, b7C



b6, b7C
b6

16. Standard 4, Detainee Classification System
 III.E.1. Level 1 Classification. May not be housed with
Level 3 Detainees.
 III.E.2. Level 2 Classification. May not include any
detainee whose most recent conviction was for any
offense listed under the "HIGHEST" section of the
severity of offense guideline (APPENDIX 1 [includes:
“Assaulting any person”]). … May not include any
detainee with a pattern or history of violent assaults,
whether convicted or not.
 III.F. The classification system shall assign detainees
to the least restrictive housing unit consistent with
facility safety and security. … 2. Levels one and two
may be mixed, and high level twos and level threes
may be mixed, when a facility is at or above full
capacity. 3. Under no circumstances will a level two
detainee with a history of assaultive or combative
behavior be placed in a level one housing unit.
17. Standard 5, Detainee Grievance Procedures
 I. [S]tandard operating procedures (SOP) must establish a
reasonable time limit for: … (iii) providing written
responses to detainees who filed formal grievances,
including the basis for the decision.
18. Standard 5, Detainee Grievance Procedures
 III.D. Retaliation. Staff will not harass, discipline,
punish, or otherwise retaliate against a detainee
lodging a complaint.

Inmate handbook

6/11/2008

5

Facility staff read the written requests to ICE
before sending them. (p.31 ¶2)

Lieutenant



Detainees are not eligible for work release
assignments and are unable to earn money for their
work. (p.33 ¶1)

Deputy

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C



b6, b7C

20. Standard 15, Staff-Detainee Communication.
 III.B. All detainees shall have the opportunity to
submit written questions, requests, or concerns to ICE
staff …. The detainee request form shall be delivered
to ICE staff by authorized personnel (not detainees)
without reading, altering, or delay.
21. Standard 18, Voluntary Work Program
 I. Every facility with a work program will provide
detainees the opportunity to work and earn money.

6/11/2008

6

b6, b7C
b6, b7C