Detention Standards Implementation Initiative

ABA Commission on Immigration

Facility Name: Ozaukee County Jail
Date of Tour:
Tour
Watkins)

ICE Standard
Access to Legal Materials
• I1I.K "The facility shall permit
detainees to assist other detainees
in research and preparing legal
documents upon request"

Voluntary Work Program
• lILA. "Detainees ... will be
provided the opportunity to
participate in any voluntary work
program."
• III.K. "Detainees shall receive

,LJalBrulH

Tour Observation
• The delegation noted that
detainees are not able to assist
each other in their legal research
(p. 14, line 13)

•

Detainees at OCJ are not
permitted to participate in the
voluntary work program (p.22,
line 19)

Source
•

•

&

ICE Res onse
staff

to Lieutenant
explained that
detainees is
forbidden by the
government

The 2004
review only
indicates that
the law
library is
small and
only allows
one detainee
at a time to
use the
computer.
The review
also states
that
employees
are not
educated in
"lNS" law.
The 2004
review does
not indicate
there is a
problem in
this area.

Sears Tower. Suite 5800

233 S. Wacker Dr.
Chicago. Illinois 60606
Tel: (312) 876-7700 Fax: (312) 993-9767
wwwJw.com

LATHAM&WATKINSLl~

MEMORANDUM

August 19, 2004

To:
From:
Copies to:
Subject:

FIRM I AFFILIATE OFFICES
Boston

New Jersey

Brussels

New York

Chicago

Northern Virginia

Frankfurt

Orange County

Hamburg

Paris

Hong Kong

San Diego

London

San' Francisco .

Los Angeles

Silicon Valley

Milan

Singapore

Moscow

Tokyo
Washington. D.C.

Victor Cerda, Acting Director, Office of Detention and Removal, Immigration and
Customs Enforcement
American Bar Association Delegation to the Ozaukee County Jail!
ABA Commission on Immigration
Report on observations during a general tour of the Ozaukee County Jail facility

This memorandum summarizes and evaluates information gathered at the Ozaukee
County Jail ("OCJ" or "Jail") in Port Washington, Wisconsin during the delegation's July 1,
2004 visit to the facility. The information was gathered via observation of the facility by the
delegation and conversations with OCJ and Immigration and Customs Enforcement ("ICE")
personnel.

I.

ICE DETENTION STANDARDS.

In November 2000, the former Immigration and Naturalization Service (lNS)/
promulgated the "INS Detention Standards" to ensure the "safe, secure and humane treatment"
of immigration detainees. The thirty-six standards contained in the Detention Operations
Manual cove! a broad spectrum ofissues ranging from visitation policies to grievance
procedures and food service: These standards apply to ICE-operated detention centers and other
facilities that house immigration detainees as part of a contract or intergovernmental service
agreement ("IGSA").
The Detention Standards went into effect at ICE-operated detention facilities on
January 1,2001. ICE intended to phase-in the standards in all of its contract and IGSA facilities
. by December 31,2002. The Detention Standards constitute a "floor" and not a "ceiling" for
treatment of iIiunigration detainees. In other words, they are meant to establish the minimal

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'').

CH\707498.1

LATHAM&WATKINSup,
requirements that ICE must adhere to in its facilities. Each Field Office or Officer in Charge
("OIC") may, in his or her discretion, promulgate policies and practices affording ICE detainees
more enhanced rights and protections than those provided for by the Standards.

II.

INTRODUCTION.
A.

The Delegation's July 19 Visit.

July 1,2004, our delegation met with OCJ Administrator Lieutenant
Officer/Jail Liaison
,,""Ut""""
led the delegation on our tour of the
discussions. The delegation appreciates the cooperation of these
accommodating during our tour of the facility and in response
individuals. They were direct
to post-tour requests for additional information.
"\~",,~.,.j-~+i·r''''

and

Our report is based on the discussions we had with these OCJ and ICE employees,
as well as observations of the facility in the course of our tour. We were unable to interview any
immigration detainees, as we were unsuccessful in obtaining the necessary information in
advance of our visit. As a result, we were unable to confirm or dispute the information given to
us, and therefore unable to conclusively determine OCJ's success in implementing the
Standards.

B.

General Information About the Ozaukee County Jail Facility.

The Ozaukee County Jail houses immigration detainees
intergovernmental service agreement with ICE. According to .LJ'",UL\,UalU
capacity to hold 80 detainees. We were informed that at time of our visit,
population count of261 inmates, 69 of whom were immigration detainees. 3
OCJ accommodates mostly male individuals. According to LIt,ULI,HaUI
time of our visit, the Jail housed no female immigration detainees and only 11
with a high at one time of 30 female inmates.
The OCJ houses immigration detainees from all over the world, but
individuals from Mexico, China, and former Soviet Union countries. 4 Neither
nor
whether the OCJ was currently housing any asylum seekers.

ID.

IMPLEMENTATION OF LEGAL ACCESS STANDARDS.
A.

Legal AccessNisitation.

1.

Visitation by Attorneys.

3

Notes of delegation

conversation with L"'UU;;Il<Ul

4

Notes of delegation

conversation with Ll~;Ult:.mlll

2
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LATHAM&WATKINSLlIj

The Detention Standards provide that facilities should allow detainees to meet privately
with their current or prospective legal representatives and legal assistants and to meet with their
consular officials. 5 The Standards also provide that legal visitations should not be terminated for
meals. 6
The OCJ facility has substantially, but not completely, implemented this section of
the Standards. According to the Ozaukee County Jail Rules & Regulations and Resident
lriformation Booklet (the "OCJ Inmate Handbook"), attorneys are not restricted to the normal
hours of visitation. 7 Attorneys are allowed to visit daily between 8:30 am to 11 :00 a.m., 1:00
p.m. to 4:00 p.m. and 6:00 p.m. to 9:00 p.m. However, attorneys are not allowed to visit during
meal times or when a lock-down is instituted. 8 This restriction of not permitting legal visits to
proceed through meal times is contrary to the mandate of the Standards. An attorney "may
request a variance to the normal visiting hours if special circumstances prevail,,,9 but it is not
clear what special circumstances would be required for such an exception to be made.
In order for an attorney to visit a detainee at OCJ, he or she must present proper
credentials. While a bar card would satisfY this requirement, it is not absolutely necessary. 10 The
attorney may visit a client without prior notice
(i.e., the attorney need not arrange
for the visit in advance). However, Lieutenant
that it would be "helpful" and would
"speed the process along" if someone knew an attorney was planning on visiting with a
.
detainee. 11
There are five attorney visitation booths at the facility. These booths provide enough
space for five attorney visits to occur
The booths appear to provide for privacy
and confidentiality. However, Lieutenant
us that if a detainee or an attorney hits
the panic button in any of the booths, all conversations in the room will be recorded. 12
All attorney visitation areas allow for contact visits. Unlike the booths used for family
visits, the attorney booths do not have Plexiglas dividers to separate the detainees from their
attorneys. Detainees are not subject to strip searches after attorney visits; they are subject to "pat
down" searches after meeting with their attorneys, in accordance with the Standards.

2.

Visitation by Family and Friends.

S

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

6

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

7

OCJ Inmate Handbook, at 10.

8 Notes
9

of delegation member

conversation with Lieuterlant

OCJ Inmate Handbook, at 10.
Statement
Liel1tenant, Ozaukee County SherifI's

10

12

Notes of delegation

conversation with Lieutenan

3
CH\707498.1

LATHAM&WATKINSWi

To maintain detainee morale and family relationships, the Detention Standards encourage
visitation with family and friends. 13 To that end, the Standards require that all detention
facilities allow visitation and establish written visitation procedures. 14 The Standards require a
minimum of 30 minutes per visitation, under normal conditions, and encourage more generous
limits when possible.1 5 The facility must allow visitation by immediate family members, and
other relatives, friends, and associates. 16 As to minor visitors, the Standards provide that:
At facilities where there is no provision for visits by minors, [ICE] will arrange
for a visit by children and stepchildren, on request, within the first 30 days. After
that time, on request, [ICE] will consider a transfer, when possible, to a facility
that will allow such a visitation. Monthly visits will be continued on request, if
transfer is not, [sic] approved, available or until effected. 17

The OCJ conforms with some portions of this section of the Standards, but not
others. The OCJ provides for family and friend visitation, and provides written visitation
procedures to the detainees through the OCJ Inmate Handbook, as well as through weekly videos
.
all inmates
and posters on the walls near the phones. 18 According to the OCJ
are allowed two visits per week, each lasting 30 minutes. 19 .
that the two
30 minute visitations may be combined into a one-hour session.
is restricted
to certain days ofthe week (Tuesday, Wednesday and Thursday for males; Monday and Friday
for females).20 Visitation times are limited to 9:00-11 :00 a.m. 1:00-4:00 p.m. and 7:00-9:00 p.m.
Although the OCJ Inmate Handbook states that inmates may have no more than two visitors per
30 minute visiting period, .
that there is no limit to how many people
may visit, exce~t "common-sense" constraints predicated upon room size and the manageability
2
of each group.
Visitations are held.in medium sized rooms, divided by Plexiglas partitions into a number
of visitation booths, with thick walls of Plexiglas separating detainees from their visitors.
Detainees and visitors may speak to each other only via the telephone handsets provided in each
booth.22

13

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

14

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

15

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

16

Detention Operations Manual, Detainee Services, Standard 17, Section III.H.2.

17 Detention

Operations Manual, Detainee Services, Standard 17, Section III.H.2.d.
conversation with L1elllterlant

21

Notes of delegation ",pmh,~r

conversation with

22

Notes of delegation member

observations during tour.

CH\707498.1

4

LU:;UL"'llpJH

LATH AM&WATKI NSLLR
The OCJ Inmate Handbook also states that appointments for visits must be made 24
hours in advance. Visitors arriving 15 minutes after the beginning of their scheduled visitation
time may not be allowed to visit. If a detainee's visitor does not show for a scheduled visitation,
the detainee loses that visitation appointment for the week The delegation is concerned that
the severity of these policies may not reflect the Standards' policy goal to facilitate contact
between detainees and their family and friends.
More importantly, the OCJ disregards the Standards by categorically prohibiting
persons under the age of 18 from visiting OCJ detainees. The Standards require that, upon
request, immigration detainees be able to visit with their minor children within the first 30 days,
23
OCJ Inmate Handbook suggests that minors are
and then once a month thereafter.
that no minors are allowed into the facility.
allowed to visit detainees~24
for monthly visits between detainees and their
Ebert also stated that no arrangements are
minor children at other facilities, nor have there been any recent transfers of detainees to
facilities that allow visitation by minor children?5
.
Finally, another policy that might discourage visitation is the requirement that detainees
keep a visitor's list of no more than ten names. Only persons on this list, with the exception of
attorneys and c1ergy,may visit the detainee. 26. Detainees may revise their visitors' list to include
other individuals but they must fust make space on their list by removing persons already listed.
Thus, if a detainee has 10 family members and friends on her list, she must remove one name
from the list to include a previously unlisted person. Visitors who are not included on the list
will not be admitted to the facility.

B.

Telepbone Access.

As explained below, the facility has implemented some of the sections of the
Standards regarding telephone usage, but has failed to implement other, significant sections
of these Standards.

1.

General Requirements

The Detention Standards require that facilities provide detainees with reasonable
and equitable use oftelephones during waking hours?7 The facility must post telephone access
rules and detainees must be given these rules when they arrive. 28 Additionally, there should be

23

Detention Operations Manual, Detainee Services, Standard 17, Section III.H.2.d.

24 OCJ Inmate Handbook, at 13 ("Any visitor under the age of 18 must be accompanied by their parent or legal
guardian.").
25

Notes of delegation

conversation with Lie·uterlant

26

Notes of delegation

·conversation with ~.ieuterlant

7:l

Detention Operations Manual, Detainee Services, Standard 16, Section I, III A.

28

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

5
CH\707498.1

LATHAM&WATKINSwi

one telephone for every 25 detainees?9 Telephones should have regular maintenance and broken
phones should be repaired promptly. 30
The OCJ appears to have-implemented this portion ofthe standards. The
phones are available during waking hours and may be used at any time during non-lock down
hours. 31 The phones are located in each of the housing units for the immigration detainees at the
OCJ. 32 According to OCJ personnel, policies regarding phone usage are posted in both English
and Spanish next to the phones. 33 The delegation was not permitted inside the housing unit close
enough to read the posted materials, but the delegation could see sheets posted next to the
phones. At least two phones are available in each housing unit, and the housing units for the
detainees house no more than 24 people. 34 Finally, the phones are tested weekly by an ICE
officia1.35 The tester dials five numbers including pro bono numbers (see below) and reports any
36
.
non working telephones.

2.

Direct and Collect Calls

The Stal'!dards require that detainees are able to make direct calls to a number of
organizations, including the local immigration court, the Board oflmmigration Appeals, Federal
and State courts, consular officials, legal service providers, and relevant government offices. 37
Detainees must also be able to make direct calls to family members when a "compelling need"
arises. 38 The facility shall not require indigent detainees to pay for the types of calls listed above
if they are local calls, nor for non-local calls ifthere is a compelling need. 39 Moreover,
regardless of whether the detainee is indigent, the facility must provide a detainee with the ability
to make calls to the ICE-approved list of legal service providers and consulates at no charge to
the detainee or the receiving party .40
The delegation is concerned about the OCJ's implementation of this section of
the Standards. The OCJ has installed a telephone line, which officials called the "pro bono
phone," that should allow detainees free access to the agencies described above. According to

29

Detention Operations Manual, Detainee Services, Standard 16, Section III C:

30

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

31

OCJ Inmate Handbook, at 13.
of delegation member

on observations from tour and conversation with Lieutenant

33

Notes of delegation member

on conversation with .lJIIJU":;IICLUI

34

Notes of delegation

on conversation with .lJIIJU'IJ11<UlI

35

Notes of delegation l1'1P1mn.'T.

on conversations with ....1"" ...""'"

36

Notes of delegation member

on conversation with Lieutellanl

37

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

38

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

39

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

40 Detention

Operations Manual, Detainee Services, Standard 16, Section III E.

6
CH\707498.1

LATHAM&WATKJ NSLL~

OC] officials, the telephone numbers that apply to this phone are listed next to the phone. 41
However, the OC] is currently experiencing a problem with this phone system. It is working as
if it is a collect call system (although it is not attempting to charge any ofthe parties): the system
will only connect the detainee if a pefson on the other end picks Up.42 This prevents the detainee
from connecting to numbers that have automated systems (as many do), and it prevents the
detainee from leaving messages when machines pick up the call. The system should not work in
this manner: the detainee should be able to connect the number whether a person or a machine
picks up on the other end. This is a significant problem for the detainees. The free calling
system can be the only way for detainees to speak to their attorneys and government agencies.·
With the current problems in the system, some detainees may be effectively prohibited from
receiving legal assistance. The OC] and ICE are aware of the problem, and the officials said
they are working diligently to correct it. 43
c

The delegation is also concerned with the time limits OCJplaces on all phone
calls. The OC] puts a time limit on all phone calls of 15 minutes; after this time, the calls are
automatically terminated, regardless of the type of call. 44 This is shorter than the required 20
minute allowance in the Standards. 45 The facility does notlimit the number of calls that can be
placed. However, given the current problem the facility is experiencing with its phones, the
time-out provision could present a significant difficulty for a detainee to make and maintain
contact with certain offices and attorneys. 46
Finally, the delegation is concerned withOCJ's collect calling system, as well.
If the detainee is not calling one of the pro bono numbers, then the detainee must make collect
calls. 47 Collect calls are $3.95 to connect and $.45-$.65 every additional minute depending on to
48
where the call is placed. The detainee does not have the ability to call internationally. 49 This
is of concern to the delegation, because the phones do not accept incoming calls and so detainees
are effectively prohibited from calling family internationally.

It is important to note again that the delegation was not able to enter the housing units and see the phones or test
them and can .not verify the existence of the pro bono list.
41

42

Notes of delegation

on conversation with Officer

43

Notes of delegation

on conversation with Officer

44

Notes of delegation

on conversation with Li

45

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

46 Detention Operations Manual, Detainee Services, Standard 16, Section III F; Notes of delegation merriber
Kathleen P. Poczik.
47

OCJ Inmate Handbook, at 13.

48

Notes of delegation mernber

conversation with Lieutenant

49

Notes of delegation member

conversation with Lieutenant

7
CH\707498.1

LATHAMaWATKI NSLL~
At the time of the delegation's visit, the facility did not have calling cards or a way
for the detainee to pay for the call rather than the recipient, but the delegation was informed that
facility officials were examining the possibility of calling cards. 50

3.

Privacy for Telephone Calls on Legal Matters

The Standards require that telephone calls on legal matters are given privacy from
other detainees, officers, staff and from electronic monitoring, absent a court order. 51
The OCJ has not im plemented this portion of the Standards. All calls placed at
the facility are monitored electronically.52 This is done Indiscriminately. Officials informed the
delegation on their tour that it would be possible to not monitor a legal phone call; the detainee
would have to make a request that this phone call not be monitored. 53 It is unclear whether this
option is adequately communicated to detainees. This option is not in the OCJ Inmate
Handbook, and the delegation was not able to assess ifthis policy was communicated on the
po stings next to the phones~ Additionally, this may require more preparation and foresight
before making a call than would be possible for the detainees: it was not clear how quickly the
monitoring system would be able to be shut off or if there would be a lag between the request
54 .
and the time the call could be placed.

According to .
monitoring system would shut off automatically
if one of the pro bono numbers is
RnulP,,,pr, this was also unclear, as it seemed to
55
contradict the Lieutenant's earlier remarks.

In addition, the phones were not placed in such a way as to ensure that
conversations would not be overheard by other detainees or officers. There did not appear to be
any partitions and the phones were placed on the wall, not far from the television, rather than in a
more remote location of the room. 5

50

Notes of delegation member

51

Detention Operations

(ti1l6)

~.

I

conversation with Lle·urel1am

. conversation with LJeutel1anl
conversation with Lieutel1anl
54 Notes
55

of delegation

conversation with Lieutellanl

Notes of delegation

conversation with LJt;ULt;JJi1IJI

Notes of delegatio~
actually view the phones
56

is again important to note that the delegation was not able to

8
CH\7074~8.1

LATHAM&WATKINSLUl

4.

Telephone Usage in Administrative or Disciplinary
Segregation

The Standards provide that detainees in administrative segregation should not be
limited in telephone use. Detainees in disciplinary segregation should be allowed phone usage
except under compelling security risks. 57
The OCJhas implemented this section of the Standards. Detainees in
administrative segregation are not limited in their use of the telephone. Those in disciplinary
segregation are able to make legal phone calls up to one hour each day. 58

5.

Incoming Calls and Messages

The Standards require facilities to take and deliver messages from emergency and
non-emergency incoming telephone calls to detainees, as promptly as possible. Ifthe facility
receives an emergency telephone call for a detainee, the facility is required to obtain the caller's
name and telephone number and permit the detainee to "return the emergency call as soon as
reasonably possible." Moreover, the facility must enable indigent detainees to return emergency
calls for free. 59
The OCJhas not fully implemented this section. The official policy of the
facility, as laid out in the Handbook, is to not take any messages. 60 However, the officials on the
tour explained that messages from detainees' attorneys are taken because of the detainees'
special circumstances. 61 There did not seem to be a formal policy for delivering the messages or
a time frame in which the messages are delivered. Family calls are screened to determine if there
is an emergency. If so,guards will deliver the message to the detainee. 62 No messages except
family emergencies and attorney calls are taken and delivered to the detainees. 63

C.

Access to Legal Materials.

The Detention Standards provide that all facilities 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. 64

57

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

58

Notes of delegation

59

Detention Operations Manual, Standard 16, Section III 1.

.60

Ozaukee County Jail Handbook p. 13.

61

Notes of delegation

62 Notes

conversation with Ll"Ul"ll<l11l

conversation with LieuteIlant

of delegation

conversation with LieuteIlant

63

Notes of delegation

conversation with Lieutellant

64

Detention Operations

9
CH\707498.1

LATHAM&WATKJ NSLLP'

The OCJ facility has implemented some sections of the Standards regarding access
to legal materials. However, OCJ has not implemented other sections to the extent
required and still others have not been implemented at all.

1.

The Library, Generally

Before explaining OCJ's implementation of the Standards regarding the facility's law
library, it is important to note the general condition of OCJ' s Law Library. OCJ's Law Library
is a very small room, perhaps no larger than about six to seven feet squared.65 It is divided into
two sections. One side is devoted to a large, but seldom-used, videoconferencing machine. 66
The other side contains all of OCJ' s law library materials: one desktop computer and five
volumes of Wisconsin statutes dated 1993 to 1994. An assessment of this modest facility's
holdings follows below.

2.

Access to the Library.

The Detention Standards require that a facility devise a flexible schedule to permit all
detainees, regardless of housin~ or classification, to use the law library on a regular basis for a
minimum of 5 hours per week. 7 These five hours should not cause a detainee to miss a meal,
recreation time, or any other planned activity.68
The OCJ appears to have implemented this section of the Standards. The OCJ
permits detainees access to the library daily and does not limit the amount oftime they may use
the facility,unless there is the rare deluge of requests for access from other detainees. 69 In such
a case, the detainee will still be allowed to use the library for a minimum of one hour eachday.70
In addition, detainees are not required to choose between library time and recreation time. 71

3.

Library Conditions.

The Detention Standards provide that each facility shall provide a law library in a
designated room with sufficient space to facilitate detainees' legal research and writing. The
library shall contain a sufficient number of tables and chairs in a well-lit room, reasonably
isolated from noisy areas.72
.
The OCJ facility has implemented this section of the Standards, though a concern
remains. The OCJ library is well-lit and reasonably isolated from high-traffic or noisy areas that

65

Notes of delegation

66 Notes of delegation
state does not permit court

observations from tour.
conversation with Lieutenant
so the machine is not

67

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

68

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

69

Notes of delegation me:mbler

70 Notes

of delegation me:mbler

71

Notes of delegation me!mbler

72

Detention Operations

Standard 1, Section IILA.

10
CH\707498.1

LATHAM&WATKIN $11?,
might interfere with research and writing. 73 However, as noted above, the library is only large
enough to accommodate one detainee at a time. Though the one detainee has an acceptable
space in which to work, the delegation is concerned about the facility's inability to support
mUltiple detainees working concurrently.

4.

Materials Identified in the Detention Standards.

The Detention Standards require all law libraries -to contain the materials listed in
Attachment A to the chapter on Access to Legal Material. 74 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.75 Damaged or stolen materials
must be promptly replaced. 76 In addition, the Standards require that the facility post a list of
holdings in the law library and designate an employee with responsibility for updating materials,
inspecting them weekly, and maintaining them in good working order. 77
The OCJ library has not fully implemented this section of the Standards. None of
the materials listed in Attachment A, including the United States Constitution, is readily
accessible, in hard copy, to a detainee availing himlherself of the OCJ library - a small room
containing only a collection of outdated books on state law (five volumes of Wisconsin statutes
from 1993-1994) and one computer. No other texts are available to the detainees without
specific request. Ifa detainee is able to determine which texts are needed, Lieutenant Ebert said
that the detention center officers will make efforts to borrow them from a nearby library.78
Detainees are able to do some legal research on the computer using either the internetbased Lawcheck or a
..
law CD which, according to Lieutenant Ebert,
Lieutenant_said_that, between the two
is updated periodically by 0
programs, all federal, state and civil laws and cases are accessible. 80 However, the OCJ has just
one -computer and the instructions for its use are posted only in English. Moreover, when a
member of our delegation tried to maneuver through the two programs himself, he found it
difficult. 81 The delegation is concerned that non-English speaking detainees may not be able to
fmd the materials needed to prepare their cases. This problem is compounded by the fact that the
only language other than English the programs may be used in is Spanish, and, even then, the
options were limited and not easily accessible. Should detainees have difficulty navigating the

73

Notes of delegation m e m b e _ n conversation with L·,eutenant

74

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

75

Detention Operations Manual, Detainee Services, Standard 1, Sections III.D.-F.

76

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

77

Detention Operations Manual, Detainee Services, Standard 1, Section IIl.E. -

78

Notes of delegation

observations during tour. -

79

Notes of delegation

conversation with Officer

80

Notes of delegation

conversation with

81

Notes of delegation

observations during tour.

11
CH\707498.1

LATHAM&WATKINSLLp,
programs,' their recourse is to ask a deputy for assistance. 82 With so many misSing materials and
access to the available materials, in essence, limitedto those with a working knowledge of
English, the delegation believes that an immigration detainee with a valid defense to removal or
a valid claim to asylum wouldfind it extremely difficult, if not impossible, to prepare his or her
case without the aid ofan attorney.

5.

Computer Access, Equipment, Holdings and Phot()copies.

The Detention Standards require that the law library provide an adequate number of
typewriters and/or computers, writing implements, paper, and office supplies to enable detainees
to prepare documents for legal proceedings. 83 .In addition, the Standards require each facility to
ensure that detainees can obtain photocopies oflegal materials, when such copies are reasonable
and necessary for legal proceedings involving the detainee. 84 Enough copies mustbe provided
so that a detainee can fulfill court procedural rules and retain a copy for his records. 85 Facility
personnel may not read a document that on its face is clearly related to a legal proceeding
86
involving the detainee.

The delegation is concerned about the facility's implementation of this section of the
Standards. The OCJ does not have a typewriter available to the detainees and provides only one
computer which is shared among all those housed at the facility. Furthermore, detainees are not
allowed to print from the computer.87 This requires that copies of all materials accessed via the
computer be requested from another source by the deputies if a detainee is to have a hard copy,
and that all submissions to the court must be handwritten. The delegation is concerned that this
will pose a serious impediment to those detainees wishing to work on their own cases. This
concern stems, primarily, from the detainees' inability to produce a typed version, the presumed
preferredform, of their submissions to court. ., Further, since detainees are not able to print
materialsfoundon the computer, they will not have immediate access to them While away from
the library, and will, accordingly, have to wait some time before having those materials at their
disposal. It seems this would greatly inhibit their ability to work on their own cases.
Detainees may request photocopying services which are paid for by a fmancial account
they maintain with the OCJ. 88 If a detainee indigent, he/she is allowed to run a negative
balance, which, according to
gets these services
free of charge after the debt is
that this

82

Notes of delegation

83

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

conversation with Lieuterlant

84

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

8S

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

!l6 Detention

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

87

Notes of delegation

conversation with Lieuterlant

88

Notes of delegation

conversation with Lie'uteIlant

89

Notes of delegation

conversation with ~'~''''. '.'=H

CH\707498.1

12

LATHAM&WATKI NSLL~
negative balance is allowed only for reasonable expenses and that the privilege will be denied if
.the OCJ administration feels that the detainee is abusing it. 90

6.

Correspondence and Other Mail.

The Detention Standards require that detainees be allowed to send and receive
correspondence in a timely manner, subject to limitations required for safety, security, and
orderly operation of the facility.91 General correspondence shall normally be opened and
inspected for contraband in the presence ofthe detainee, but may be opened and even read
outside the presence of the detainee if security reasons exist for doing SO.92 Special
correspondence-which includes all written communication to or from attorneys, legal
representatives, judges, courts, government officials, and the news media-is treated
differently.93 Incoming special correspondence can be inspected for contraband only in the
94
presence of the detainee, but it can never be read or copied. Outgoing special correspondence
95
cannot be opened, inspected, or read. The Standards further provide that each detainee will be
able to send five pieces of special correspondence and three pieces of general correspondence at
96
the government's expense each week.
.
The has not fully implemented this section of the Standards. The OCJ provides
detainees the ability to send and receive correspondence in a timely manner - the OCJ Inmate
Handbook states that outgoing mail will be collected throughout the day and delivered to the
the following day (except Sundays and holidays).97 In addition, according to
U.S. Post
all incoming mail is inspected for contraband but, as the Standards direct, legal
co:rrespl:>n(jerlce IS not read during this inspection. However, in a non-emergency situation, it is
unclear whether or not the detainee is present for the inspection. The OCJ provides each
detainee with 3 stamps and 3 envelopes for personal use each week and provides additional
98
stamps and envelopes above this quota for purchase. As with photocopying, detainees may
request correspondence materials above their allotment which are paid for by the account they
.
maintain with the OCJ. 99 An indigent detainee is allowed to purchase additional materials

dell~galtion

member Leonard Gray. The OCJ detainee handbook contradicts these statements by
the section titled "INDIGENCE," the statement ''free photocopies
and set apart from the remainder of the associated text.

91

Detention Operations Manual, Detainee Services, Standard 3, Section 1.

92

Detention Operations Manual, Detainee Services, Standard 3, Sections III.B. & E.

93

Detention Operations Manual, Detainee Services, Standard 3, Sections III.B., E. & F.

94

Detention Operations Manual, Detainee Services, Standard 3, Sections III.B. & E.

9S

Detention Operations Manual, Detainee Services, Standard 3, Sections III.B. & F.

96

Detention Operations Manual, Detainee Services, Standard 3, Sections 111.1.

97

OCJ Inmate Handbook, at 12.

98 Notes of delegation membe~n conversation with Lieutenant Ebert. Lieutenan.'.atement
.contradicts the language in the~dbook which states that the facility's residents will receive the
materials to write two letters per week.
99

Notes of delegation m e m b e _ o n conversation with Lieutel!lanl

13
CH\707498.1

LATHAM&WATKINSLL~

it will create a negative balance in their account - which again, according to Lieutenant
essen1:Iall) means the detainee gets these services free of charge after the debt is writtenthe state.
When used for legal correspondence, the detainee must gain approval from
the shift supervisor before additional materials will be given beyond weekly allotment. 101
Finally, there is no limit on how many pieces of mail a detainee may send or receive per week. 102

7.

Assistance from other Detainees and Assistance to Illiterate
and Non-English Speaking Detainees.

The Standards provide that the facility shall permit detainees to assist other detainees in
researching and preparing legal documents upon request, except when such assistance poses a
security risk. Such assistance should be voluntary; no detainee shall be allowed to charge a fee
. 0 f vaIue ~lor aSSIstance.
.
103
or accept anyth mg
!!."'J.U"'JI"~·U

this section of the Standards. When the question was
said that detainees were not allowed
research or
oflegal documents. 104 One reason
the fear of an awkward and potentially unruly situation created
by the emergence
lawyer" or the detainee giving the other bad advice. l05 When
the question was later posed, they said that, at times and under unique circumstances, they would
allow the detainees to "buddy up for the computer.,,106 In either case, the OCJ fails to satisfy the
Standard if it denies the right of a detainee to seek the assistance of a fellow detainee without a
valid security reason.

8.

Personal Legal Material Retention

The Standards state that the facility shall permit detainees to retain all personal legal
material upon admittance to the general po~ulation or segregation; unless such material creates a
safety, security, and-or sanitation hazard. 10
.
The OCJ satisfies this section of the Standards. The delegation was informed that
detainees are allowed to keep an unlimited amount of legal material in their cells. 108

100

Notes of delegation

101

OCJ Inmate Handbook, at 12.

102

OCJ Inmate Handbook, at 12.

103

Detention Operations Manual, Detainee Services, Standard 3, Section III.K.

104 Notes
105

conversation with Lieutenant;G'!.

of delegation

Notes of delegation

106 Notes

of delegation

107 Detention Operations
Standard 3, Section IILK. (Note: This is listed as Section III.K
in the Standards, but two Section III.K's actually exist. This citation refers to the second).
j08

Notes of delegation m e m b e _ o n conversation with Lieutenant• •;

14
CH\707498.1

LATHAM&WATKINSLl.p,

D.

Group Rights Presentations.

The Standards require that detainee facilities pennit authorized persons to make
presentations to ~oups of detainees for the purpose of infonning them of u.s. immigration law
and procedures. 1 9 Presentations will be scheduled during nonnallegal visiting hours, and may
be conducted daily, but the facility is not required to arrange for presentations. 110 Presentations
must be open to all detainees, unless a detainee's attendance poses a security risk. III Where
segregation prevents the detainee from attending, alternative arrangements shall be made ifboth
the detainee and the presenter so request. 112 . The OIC may limit the number of detainees at a
single session, but must allow the presenter to conduct rriultiple presentations so that every
detainee is given an opportunity to attend. Il3 All persons entering the facility must present an
II4
The facility shall pennit presenters to meet with small
official form of picture identification.
groups of detainees to discuss their cases following a group presentation, and ICE and facility
staff shall not be present during these meetings. 115 The facility shall also play ICE-approved
videotaped presentations on legal rights, at the reques~ of outside organizations. 116
The OCJ facility appears to have
some questions remain. According to
times are flexible. 117 The
OCJ Inmate Handbook provides for daily
and attorney visits from 8:30 a.m.
to 9:00 p.m. with two hours set aside during lunch (11 - 1pm) and dinner (4 - 6pm).118
According to
the presenters may use as much time as they like within the
and the OCJ facility is flexible in granting extensions of
parameters of the visitatIOn
time. 119 In this regard, the facility is more permissive than the Standards require.
The facility will allow presenters to meet with small groups of detainees to discuss their
cases·after the group presentation. 120 In addition, the OCJ facility plays ICE-approved
videotaped presentations on legal rights twice a week. 121 The facility will pennit interpreters,
legal assistants, law students, or attorneys with no proof of bar membership into the facility with

109 Detention

Operations Manual, Detainee Services, Standard 9, Section L

110

Detention Operations Manual, Detainee Services, Standard 9, Section IILB.

111

Detention Operations ManuaI,Detainee Services, Standard 9, Section ULe.

112

Detention Operations Manual, Detainee Services, Standard 9, Section IILe.

113

Detention Operations Manual, Detainee Services, Standard 9, Section IILe.

114

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

115

Detention Operations Manual, Detainee Services, Standard 9, Section IILF.

116

Detention Operations Manual, Detainee Services, Standard 9, Section IILL

117 Notes
118

of delegation member

••••Iem conversation with Lleutellant

Oe} Inmate Handbook, at 10,14.
of delegation

on conversation with Lleu~ellan,

1:10

Notes of delegation

on conversation with .wu.. u.""",u

1:11

Notes of delegation.

on conversation with Lieutellant

119 Notes

15
CH\707498.1

LATHAM&WATKI NSwi

official picture identification if they have coordinated through a legal office. l22 Attorneys or
representatives must contact the ICE to arrange for a group presentation. 123 The number of
detainees permitted per visit is limited by virtue of the presentations being conducted for only
one tier (i.e., one housing unit) of the facility at a time, but presenters at the facility have come
nrF'n~'rprf to make multiple presentations, covering each tier. 124 Incidentally, to Lieutenant
knowledge, the only group presentations ever given are those given twice a year by the
.'Vl1nn;'p"T Immigrant and Human RightsCenter (MIHRC).125

It was not clear from speaking with OCJ and ICE personnel that presenters will be able to
discuss each detainee's case in private or meet with groups of detainee's in private without grearranging for such a visit by providing the detainee's name and A number days in advance. 26 If
detainees are in disciplinary
at the time ofthe presentation they may not attend with
other detainees. 127
not confirm that OCJ would facilitate alternative
arrangements for detainees in
segregation, because ''they haven't crossed that bridge
yet." 128

IV.

Other General Observations Unrelated to the Legal Access Standards
A.

Site-Specific Detainee Handbook.

The Detention Standards require that all detention facilities have a site-specific handbook
for its immigration detainees. The purpose of the handbook is to provide an overview of, and
guide to, ''the detention policies, rules, and procedures in effect at the facility," as well as "the
services, programs, and opportunities available through various sources, including the facility,
[ICE], private organizations, etc.,,129 The handbook must be translated into Spanish, and, if
appropriate, into the next most-prevalent language(s) among the facility's detainees. 130 This
handbook should be given to all detainees as well as all staff that will have contact with
detainees. I3l

122 Notes

of delegation

on conversation with

123

Notes of delegation

on conversation with '-""'''''',....... ,

124

Notes of delegation

on conversation with '-''''U'''''C1.lH

125

Notes of delegation

on conversation with L'~'UL"""H

126

Notes of delegation

on conversation with LJeutellant

127

Notes of delegation

on conversation with LieuteIlant

128

Notes of delegation

on conversation with LJeuterlant

129 Detention

Operations ManuaL Detainee Services, Standard 6, Section L

130

Detention Operations Manual. Detainee Services, Standard 6, Section lILE.

131

Detention Operations Manual, Detainee Services, Standard 6, Section III G.

CH\707498.1

16

LATHAM&WATKINSLUi

The OCJhas not fully implemented this portion of the Standards. At intake,
detainees are given a copy of the Ozaukee County Jail Rules & Regulations and Resident
Information Booklet (the "OeJ Inmate Handbook"). 132 This handbook is specific to the OeJ
facility and does cover many of the general rules, policies, guidelines and services that are
applicable to the facility (see below for further detail).133 It is important to note, however, that
the same handbook is given to everyone at the Ozaukee facility: both inmates and detainees.
There is no OeJ handbook specifically for the detainees as suggested in the Standards. 134
While the Handbook is available in both English and Spanish, it is not available in
Chinese, which Ozaukee officials informed the delegation is a common language in the
facility. 135 Additionally, there is no translation help available at the facility; facility
administrators seem to rely on other detainees to help each other translate. While the facility
makes an effort to keep ethnic groups together, there is not an official pairing system or an
assurance that anyone would be able to translate from EngIish. 136
Since this Handbook is for all inmates and not specific to detainees, members of the staff
do have copies of the handbook. 137
In addition to the Handbook, there is an orientation video shown when all detainees and
inmates first arrive. It is also shown several times a day on teleVIsions in the housing units.
While the delegation was not able to view this video, officials informed the delegation that the
video is designed to supplement the handbook. However, the video is only available in
English. 138
' .
While the Handbook does address many of the issues stated in the Standards, there
are several areas which the Handbook does not address at all or are addressed
incompletely~ Since the Handbook is not specific to detainees, there are anumber of detainee
issues that are not addressed or are addressed incompletely.
•

The location of the law library, as well as its contents and the ability of detainees to
use the law library are not discussed in the Handbook.

132

Notes of delegation

conversation with Lieutenant

133

The Ozaukee Inmate Handbook is not modeled on the ICE Detainee Handbook.
rm\l'p.r~~til'm

with Lieutenant

135

Notes of delegation

136

Notes of delegation

conversation with LleuteIlant

137

Notes of delegation

conversation with LieuteIlant

138

Notes of delegation

conversation with LieuteIlant

17
CH\707498.1

OCJ Inmate Handbook;

•

The section concerning the facility's mail policy does not address the issue oflegal
mail. In the Handbook all mail will be inspected, but according to facility officials,
legal mail is not inspected. 139
.

•

The section discussing the limits on personal property in the cell l40 does not discuss
religious material in the cell and it does not discuss what would happen to personal
belongings with which the detainee may arrive.

Additionally, there were policies in the handbook that were directly contradictory to
either the Standards or the statements of the officials on the tour. This seemed to be the
because the handbook is not specific to the detainees.

•

The Standards require that detainees be allowed to visit with their minor children, but
the Handbook expressly states that those under 18 will not be allowed to visit. 141
This was also confirmed by the officials on the delegation's tour. 142

•

The Standards require that detainees be given messages, but the Handbook states that
messages will not be taken at any time. 1 However, officials informed the delegation
that there is an informal policy for taking messages for detainees regarding legal
matters. Officials will also screen personal calls and assess if there is a family
emergency and will pass these messages on to detainees as well. 144

•

There is no mention in the Handbook of ways to access pro bono attorneys and
diplomatic agencies. However, officials informed the delegation that there are
phones that will access pro bono attorneys and agencies at no cost to the detainees.
The lists of such agencies and the instructions for using the phone are available in
. 145
.
· umt.
every housmg

•

The Standards require free medical services and care to detainees, but the Handbook
.expresses that there are costs for such services. 146

B.

139

Recreation.

OCl Inmate Handbook, at 12; Notes of delegation

1400Cl Inmate Handbook,

conversation with Lieutenant

at 12-13.

141 OCl Inmate Handbook, at 13; Detention Operations Manual, Detainee Services, Standard 17, Section
III(HX2)(d).

142 Notes

of delegation

conversation with Ll"UL"'1("',

143

OCJ Inmate Handbook, at 13; Detention Operations Manual, Detainee Services, Standard 16, Section III(l).

144

Notes of delegation

conversation with L'vUL,,'1<lllL

145

Notes of delegation

conversation with L""UL""'<11"L

146

OCl Inmate Handbook, at 16-17; Detention Operations Manual, Medical Services,

18
CH\707498.1

LATHAM&WATKI NSLl.1j
The Detention Standards require that all facilities provide immigration detainees with
access to recreational programs and activities, under conditions of security and supervision that
147
protect their safety and welfare.
Every effort is to be made to provide outdoor recreation
facilities, but lacking such, the recreation room must be large, with exerCise equipment and
having "access to sunlight.,,148 All facilities shall also have an individual responsible for the
development and oversight of the recreation program. 149 According to the Standards,
"[e]xercise areas will offer a variety offixed and movable equipment"; cardiovascular exercise
"shall be available to detainees for whom recreation is unavailable" and "recreational activities
may include limited-contact sports"; dayrooms in general-population housing units ''will offer
board games, television, and other sedentary activities"; and detainees partiCipating in outdoor
recreation shall have access to drinking water and toilet facilities."
The OCJ generally conforms to the Standards regarding recreational programs and
activities. The biggest concern is the amount of time allowed for recreation. According to the
OCJ Inmate Handbook, detainees may have access to the indoor multi-purpose recreation room
150
Although
does not address the access procedures for
only three times a week.
the outdoor recreation area,
that upon request all inmates may access the
outdoor recreation
hour a day. While this policy may appear to conform with the
Standards, Lieutenant
that in the winter snow makes it impossible to open the
door into the outdoor
area. 152 Thus, potentially for several months out of the year, the
outdoor recreation area is not available for use and detainees are then limited to the indoor
recreation room three times a week.

c.

Access to Medical Treatment.

The Detention Standards require that all detainees have access to medical services that
promote detainee health and general well-being. 153 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. 154 For a facility with 50 to 200 detainees, a minimum ofthree
days per week is required. 155 Facilities must also have procedures in place to provide emergency
· care fior d
·
. .It. 156
me dIcal
etamees
w h 0 reqUIre

147

Detention Operations Manual, Detainee Services, Standard 13, Section L

148

Detention Operations Manual, Detainee Services, Standard 13, Section L

149

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

ISO

OCJ Inmate Handbook, at 11.

lSI

Notes of delegation member

I

conversation with LH:ute:TIaJllt

I

(bl(6l

152

Notes of delegation member

153

Detention Operations Manual, Health Services, Standard 2, Section L

154

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

ISS

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

156

Detention Operations Manual, Health Services, Standard 2, Sections IILA., D., & G.

II
,

I

conversation with Liemte:TIaJllt

19

CH\707498.1

The OCJ facility has not fully implemented this section ofthe Standards. On the one
hand, the medical service provisions in the OCJ Inmate Handbook appear to meet some of the
requirements set forth under the Standar..ds. The OCJ Handbook provides for "medical
treatment>' for all incarcerated inmates.1:>7 In order to be seen by the medical staff, detainees and
inmates must fill out a request form to be given to a deputy, briefly describing their medical
problems. However, contrary to the Standards, sick calls are done only as needed. 158 The
nursing staffwill review all slips during business hours, Monday through Friday, and the
Handbook instructs inmates to notify a deputy immediately if an emergency arises. 159 While
OCJ normally charges inmates for medical services, the delegation was told that immigration
16o
The Handbook provides a reasonable fee
detahiees are not actually charged for such services.
schedule for medical and dental services and prescriptions. Whether or not detainees are charged
for such services, the H~dbo?~ states that "Wfyou are indigent, you may still obtain these
products through a negative bIlhng system." I
The OCJ does not maintain accreditation by the National Commission on Correctional
Health Care, however OCJ personnel explained that most Of their policies and procedures reflect
those standards, but it is too expensive to obtain the accreditation. 162 It is unclear whether the
OCJ
a formal arrangement with a nearby facility for services not available at OCJ, but
that a hospital, approximately 10 minutes away, is available for such
services
emergency treatment. 163 The OCJ maintains two nurses on call for 16 hours per
day, and one doctor comes in once a week or sooner as needed. l64 For non-emergency
procedures, the OCJ contacts immigration public health services, but in cases of emergency, the
OCJ will act as necessary and notify the necessary authorities afterward. The OCJ does not treat
pre-existing conditions unless the condition is deemed to be in need of urgent treatment by OCJ
medical staff. 165 For mental health issues, a counselor comes in once a week from community
programs and professionals are available on call for emergencies. All detainees are screened at
processing for medical and other health-related issues. l66 TB testing is done at the initial
processing. 167

157

OC] Inmate Handbook, at 16.

158

OC] Inmate Handbook, at 16.

159

OC] Inmate Handbook; at 16.

lIB

Notes of delegation member~n conversation with Lieutenant
However, it is unclear
whether detainees themselves ar~dical services are free of charge for them. If not, they may be
effectively dissuaded from seeking such services.

160

161

DC] Inmate Handbook, at 16.

162

Notes of delegation

163

Notes of delegation

164

Notes of delegation

165

OC] Inmate Handbopk, at 17.

166

Notes of delegation

on conversation with Lieutenant

167

Notes of delegation

on conversation with Lieutenant

on conversation with Lielutelilant

on conversation with Lieutenant

20
CH\707498.1

LATHAM&WATKJ NSLLP'

D.

Dental Treatment.

The Detention Standards require an initial dental screening exam within 14 days of the
detainee's arrival and that the facility provide a number of services, including emergency dental
treatment and repair of prosthetic appliances. 168 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 heaIth.,,169
The OCJ has not fully implemented this section of the Standards. The OCJ personnel
informed the delegation that the facility is currently seeking a contract with a new dentist, as
their previous dentist quit. 170 The facility therefore had no dental services available, as of the
date of our visit. l71 OCJ personnel informed the delegation that it was not the facility's policy to
perform routine dental checkups for long-term detainees; dental appointments are made only
when needed, and currently none were available. 172

E.

Detainee Classification.

The Detention Standards require that detention facilities use a classification system and
physically separate detainees in different categories. 173 rGSA facilities, such as OCJ, "may
continue using the systems established locally, if the classification criteria are objective and all
procedures meet [ICE] requirements.,,174 A detainee's classification is to be made on
"objective" information, including criminal offenses, escape attempts, institutional disciplinary
history, violent incidents, etc. 175 Opinions, unconfirmed and unverified information, and physical
characteristics and appearance are not to be taken into account. 176 Classification is required in
order to separate detainees with no or small criminal records from inmates with serious criminal
records. 177
Additionally, all facility classification systems shall allow classification levels to be
predetermined and include procedures by which new arrivals can appeal their classification
levels. l78 Finally, the detainee handbook's section on classification must include (1) an .

168

Detention Operation Manual, Health Services, Standard 2, Section lI1.E.

169

Detention Operation Manual, Health Services, Standard 2, Section lI1.E.

110 Notes

of delegation .

on conversation with Lif!utfmaJllt

111 Notes of delegation

on conversation with Lif!utfmaJlt

112

Notes of delegation

on conversation with Lif!utf!naJlt

113

Detention Operations Manual, Detainee Services, Standard 3, Section 1.

114

Detention Operations Manual, Detainee Services, Standard 3, Sections I & IILA.

115

Detention Operations Manual, Detainee Services, Standard 3, Section III.D.

116

Detention Operations Manual, Detainee Services, Standard 3, Section III.D.

In

Detention Operations Manual, Detainee Services, Standard 3, Sections lILA & lILE.

118

Detention Operations Manual, Detainee Services, Standard 3, Sections III.G. & H.

21
CH\707498.1

LATHAM&WATKINSLLp,

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. 179
The OCJ facility has implemented much ofthis section ofthe Standards, but there
are still sections which the facility has not yet implemented. The OCJ's detainees are
classified at the initial processing at Broadview (the ICE location used for all Chicagoland
detention facilities). 180 There, the detainees are segregated into low risk (levell) and high risk
(level 3) inmates from each other; medium risk inmates rriay be housed with either low risk or
high risk inmates. 181

F.

Voluntary Work Programs.

The Detention Standards require all facilities with work programs to "provide detainees
the opportunity to work and earn money.,,182 Detainees who are physically and mentally able to
work must be provided the opportunity to participate in any voluntary work program. 183 As for
those detainees who are physically or mentally challenged, the Standards require facilities to
allow those with less severe disabilities to have the opportunity to undertake "appropriate work
projects.,,184 Facilities cannot deny "work opportunities based on non-merit factors, such as
social group, race, religion, sex, physical or mental handicaps, or national origin.,,185 The
Standards also state that detainees must receive monetary compensation for work completed in
accordance with the facility's standard policy.186
.
The OCJ facility has not implemented this section of the Standards. OCJ officials do
not allow immigration detainees to work or serve as porters or "hubers" at OCJ. Lieutenant
_told
members that detainees cannot work because of jail policy.187 According
to .
there would be an issue with paying i1illmigration detainees, which is
IS8
government.
forbidden by

G.

Detainee Grievance Procedures.

The Standards require facilities to implement procedures for addressing detainee
189
grievances in a timely fashion.
Each facility should make provisions for translation assistance
when requested by a detainee, and illiterate, disabled or non-English speaking detainees should
179

Detention Operations Manual, Detainee Services, Standard 3, Section lILL

180 Notes
181

of delegation

on conversation with Officer

Notes of delegation

on conversation with Officer

182 Detention

Operations Manual, Detainee Services, Standard 18, Section 1.

183

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

184

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

185

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

186

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

187

Notes of delegation members

188 Notes
-189

of delegation member

Detention Operations Manual, Detainee Services, Standard 5, Section 1.

22
CH\707498.1

LATHAM&WATKI NSLl.~

be given assistance in filing grievances. 190 Further, the detainee handbook must provide: 1)
notice of opportunity to file a grievance, both informal and formal, 2) procedures for filing a
grievance and appeal, 3) notice of the availability of assistance in preparing a grievance, 4)
procedures for resolving a grievance or appeal, and 5) procedures for contacting INS to appeal
the decision of the OIC of an IGSA facility.191

The OCJ facility has not fully implemented this section of the Detention Standards.
The only translation assistance presently available is Spanish. 192 Other translation assistance is
not presently available unless a fellow detainee has the requisite skill. Translation assistance
would be available through AT&T translation services, but the phones presently are nonoperationa1. 193 This poses a: significant problem for any detainees who speak only other
languages, particularly if their language is rare in the facility.
The OCJ facility does provide for informal grievance reporting and provides
minimal instructions for formal reporting as well in the OCJ Inmate Handbook. The Handbook
provides a flow chart for filing the grievance and it must be filed with the Duty Deputy on a
"Grievance Form.,,194 (The grievance form is not contained in the OCJ Rule Booklet.) It will
then be forwarded to the shift supervisor for
and then a report will be made
. to the Jail Administrator. Accordingto .
may also file grievances with
ICE using an ICE fortn I95 -however, this information is not contained in the Rule Booklet as the
booklet is designed solely for incarcerated inmates. The Handbook does suggest in a flow chart
that grievances may be directly voiced to Support Services / Counseling Center or to the
courts, 196 but it provides no instructions or information about how to take advantage of those
avenues for complaint. Moreover, the OCJ Inmate Handbook fails to notify detainees of the
availability of assistance in filing or appealing a grievance.

H.

Disciplinary Policy.

The Standards re~uire each facility holding ICE detainees in custody to have a
detainee disciplinary system. 19 This disciplinary system shall have progressive levels of
198
reviews, appeals, procedures, and documentation procedures.
The detainee handbook, or
equivalent, shall notify detainees of the disciplinary process, the prohibited acts and disciplinary

190

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

191

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

192 Unless another detainee has translations skills, in which case they will be
delegation
conversation with Lieutenant
193

Notes of delegation

194

OCJ Inmate Handbook, at 8.

195

Notes of delegation

1960CJ

Inmate Handbook, at 8.

197

Detention Operations Manual, Security and Control, Standard 3, Section IILA.

198

Detention Operations Manual, Security and Control, Standard 3, Section lILA.

CH\707498.1

23

LATHAM&WATKI NSLLl~

severity scale, and the procedure for appealing disciplinary findings. 199 The disciplinary policy
and procedures shall clearly defme detainee rights and responsibilities. 2OO

The OCJ Facility has not fully implemented this section of the Detention
201
Standards. The Disciplinary Rules are written in the OCJ Inmate Handbook and posted in
202
the dining area.
Staff representatives are available, if requested by a detainee facing a
disciplinary hearing. Because OCJ holds detainees under an Inter-governmental Service
Agreement (IGSA) they are not required to comply with the bulk of specific requirements found
in the Detention Standards. However, their disciplinary system appears to lack the level of
structure contemplated by the Detention Standards for IGSAs, at least in so far as it is made
apparent in the OCJ Inmate Handbook.
The OCJ Inmate Handbook lists the punishable offenses and differentiates between
the levels of punishment afforded minor versus major violations. 203 Possible action for minor
offenses includes "a verbal warning, a written warning on a citation or disciplinary action of up
to 24 hours with loss of some or all privileges.,,204 Possible action for "more serious violations,
multiple or repeat offenses" may result in "but [are1not limited to: (1) Isolation, (2) Loss of good
time, (3) Loss of privileges, (4) verbalwaming, (5) written reprimand, (6) for Hubers: loss of up
to five days work per violation.,,205 It does not, however, indicate which offenses are major and
which are minor, nor does the OCJ Rule Booklet set forth any time limits disciplinary action
resulting from major offenses. It therefore fails to give detainees adequate notice as to
disciplinary severity scale. Furthermore, the OCJ Inmate Handbook fails to inform the detainees
of their rights to protection for physical abuse, etc; or their right of freedom from
discrimination. 200
The OCJ Inmate Handbook gives detainees notice of their right to appeal any
decision for disciplinary action t6 the Jail Administrator and subsequently to the Sheriff. 207
However, as stated before, the Handbook is only available in English and Spanish?08 No other
translations or translators are provided except through other detainees who may have such skills

199

Detention Operations Manual, Security and Control, Standard 3, Section lILL.

200

Detention Operations Manual, Security and Control, Standard 3, Section lILA.

201

OC] Inmate Handbook, at 4-7.

202

Notes of delegation

203

OC] Inmate Handbook, at 7.

204

OC] Inmate Handbook, at 7.

205

OC] Inmate Handbook, at 7.

conversation with Lieutellant

206 Detention Operations Manual, Security and Control, Standard 3, Section III.A.5. While such rights normally
might be inferred from their exclusion from the list of possible disciplinary action, the OCJ Inmate Handbook
specifically states that "[d]iscipline ... is not limited to" the particular forms of discipline outlined in the booklet.
207

OCJ Inmate Handbook, at 7.

208

Notes 'of delegation member

conversation with Lieutellanl

24
CH\707498.1

LATHAM&WATKINSLL~

or potentially through the AT&T service, though the phones are not currently operational?09
This means the detainees who do not speak English or Spanish, and do not have access to a
fellow detainee with the requisite translation skills, will not effectively be notified as to any of
the information set forth in the OCJ Inmate Handbook.

I.

Religious Practices.

The Standards provide that detainees shall have the opportunity to engage in practices of
their religious faith (including group-activities) that are deemed essential by the faith's
judicatory, consistent with the safety, security, and the orderly operation of the facility.2lO If
. requested by a detainee, the chaplain or designee shall facilitate arrangements for pastoral visits
by a c1ergyperson or representative of the detainee's faith.211 Furthermore, detainees shall have
access to personal religious property, consistent with facility security.212 Finally, the food
service department will implement procedures for accommodating, within reason, detainees'
··
d·Ietary reqUIrements.
.
213
re1IglOus
.

The OCJ appears to have substantially implemented this portion of the
Standards. 214 Regular religious services are led by a chaplain at the OCJ every Saturday nIght
and are non-denomhiational. 215 Every inmate is allowed to attend, but if space is limited, the
inmate may not be able to attend every week?16 The facility also ~rovides the opportunity to
participate in bible study once a week for fOUT consecutive weeks. 17 If a detainee wishes a
personal visit from the clergy, the OCJ will attempt to honor that request with either a religious
leader or lay person from the community.218 There is not immediate access for Muslims to
re:eive s~ecialized pastoral care; ho:v~ve.r, the OCJ will conta~t re1M~;~ous leaders from
neighbormg areas to come to the faCIlIty If requested by a detamee.

209 Notes of delegation

conversation with LH:;UU:;ll<1llL

210 Detention Operations Manual, Detainee Services, Standard 14, Section lILA. & H.
211 Detention Operations Manual, Detainee Services, Standard 14, Section III.J.
212 Detention Operations Manual, Detainee Services, Standard 14, Section I1I.K.
213 Detention Operations Manual, Detainee Services, Standard 14, Section III.M.
214 However, ambiguity in the Standards makes the OCJ'slevel of compliance difficult to determine. The Standards
provide many religious liberties to detainees, but allow the limitation of the right to observe various religious
customs for considerations of safety and security or, at least, to those with a demonstrable faith. Without a clear
definition of what "the normal considerations of safety and security" are, it is impossible to know the extent to
which the facility complies with the Standards.
215 Notes of delegation m e m b e _ n conversation with Lieutenant
216 OCJ Inmate Handbook, at 18.
·217 OCJ Inmate Handbook, at 19.
218 OCJ Inmate Handbook, at 19.
219Notes of delegation

conversation with Lieutenant

25
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LATHAM&WATKJ NSu.P

Detainees may keep religious books (e.g., a bible) in their possession. 22o Lieutenant
that other religious items "within reason" may be kept; however, he went on to say
that rosary beads, yarmulkes, turbans, prayer shawls, and the like are all forbidden?21 To this
end, no head-coverings in a~ are allowe.d in the facility?22 The cited reason for this policy
was security?23 Lieutenant• •lllid say, however, that Muslims are provided towels to use as
prayer rugs if requested. 224 The Standards provide that "detainees shall have access to personal
religious property, consistent with facility security." The last clause makes it difficult to
accurately assess the OCJ's implementation of this section of the Standards. Detainees are
denied access to nearly every religious artifact other than books; the justification for which is
building security?25 The OCJ's policy seems to fall within the letter of the Standard, but outside,
of its spirit.
The OCJ does accommodate special diets required by some religions. 226 In order to avail
themselves of meals prepared in accordance with their religious beliefs, detainees inust request
such a meal and prove that ther are, in fact, a follower of the religion and not requesting the meal
for other nefarious purposes?2 The OCJ Inmate Handbook provides that: "religous diets will
be provided as long as verification can be obtained by the health services staff." 8

J.

ICE Presence at the Facility.

The Detention Standards require procedures to be in place ''to allow for formal and
informal contact between key facility staff and ICE staff and ICE detainees and to permit
detainees to make written requests to ICE staff and receive an answer in an acceptable time
frame.,,229 The Standards require that both weekly visits be conducted by ICE personnel and
that "regular unannounced (not scheduled) visits" be conducted by the ICE OlC, the Assistant
OlC,· and designated department heads. 23o 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?31 The Standards also require that detainees·
"have the opportunity to submit written questions, requests, or concerns to ICE staff.,,232 All
220

Notes of delegation

on conversation with Lieutenant

221

Notes of delegation

on conversation with Lieutenant

222

Notes of delegation

on conversation with Lieutenant

223

Notes of delegation

on conversation with Lieutenant

224 Notes

of delegation

on conversation with Lieutenant

225

Notes of delegation·

conversation with Lieutenant

226

Notes of delegation

conversation with Lieutenant

227

Notes of delegation

conversation with Lieutenant

228

OCJ Inmate Handbook, at 18.

229

Detention Operations Manual, Detainee Services, Standard 15, Section 1.

230

Detention Operations Manual, Standard 15, Section IILA.

231

Detention Operations Manual, Standard 15, Section IILA.

232 Detention

CH\107498.1

Operations Manual, Standard 15, Section III.B.

26

LATHAM&WATKI NSLlI:

facilities that house ICE detainees must have ''written procedures to route detainee requests to
the appropriate ICE official" and must assist detainees ''who are disabled, illiterate, or know little
or no English.,,233 Moreover, the Standards require that detainee requests be forwarded to the
appropriate ICE office within 72 hours and "answered as soon as possible or practicable, but not
later than 72 hours from receiving the request.,,234

rs to have substantially implemented this section of the Standards at OCJ.
unannounced visits to the OCJ.235 Each week, he
comes at a
also come whenever he is requested. 236 The OCJ
provides srecific immigration forms for the detainees to fill out if they want to speak to someone
from ICE. 37 It was unclear to the delegation exactly how or when this option is communicated
to the detainees,and whether they have written procedures to this effect, but the officers
suggested that the detainees were aware of this option. 238

v.

RECOMMENDATIONS.

The Ozaukee County Jail facility fails to implement a number of sections of the ICE
Detention Standards. The delegation recommends the following proposals so that the facility
may fulfill its obligations under the Standards:
'

Visitation
• OCJ should allow legal visits to proceed through meal times and provide
detainees with missed meals afterwards;
Telephone Access
• OCJ should not record or monitor, in any matter whatsoever, legal phone calls
(absent a court order); if regular phone calls are monitored, OCJ should
provide detainees with the procedure for obtaining an unmonitored call for
legal purposes;
•

postings near the detainee telephones should provide a list of free preprogrammed numbers to all consulates, as well as relevant courts,
immigration offices, and all free legal service providers on the ICE-approved
list;

•

instructions regarding usage <;>f the phone system need to be in different
languages, reflecting the needs of the multinational immigrant jail population.

Access to Legal Materials

233

Detention Operations Manual, Standard 15, Section III,B,

234

Detention operations Manuai, Standard 15, Section III,B,I.

235

Notes of delegation

conversation with LleuteIlanl

236

Notes of delegation

conversation with LieuteIlant
conversation with

238

Notes of delegation

conversation with Lle'uteIlanl

27
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LlvULC;ll<11ll

LATHAM&WATKI NSLlP

• ocr s law library should provide access to all of the legal materials listed in
the Detention Standards;
•

OCJ should provide detainees with sufficient paper, envelopes, and stamps to
meet their legal needs;

•

OCJ should allow other detainees to assist illiterate and non-English speaking
detainees;

Voluntary Work Programs

•

Detainees who are physically and mentally able to work should be provided
the opportunity to participate in any voluntary work;

•

OCJ should provide detainees monetary compensation for work completed in
accordance with the facility's standard policy.

Detainee Grievance Procedures

•

OCJ should provide translating assistance for both formal and informal
grievances;

•

OCJ 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;

ICE Presence at the Facility

•

OCJ should make sure detainees are aware of the opportunity to submit
written questions, requests, or concerns to ICE staff;

•

OCJ should create written procedures to route detainee requests to appropriate
ICE officials, and OCJ should assist detainees who· are disabled, illiterate, or
know little or no English with this process;

28
CH\707498.1