Detention Standards Implementation Initiative

ABA Commission on Immigration

Facility Name: Pamunkey Regional Jail (Pamunkey); Hanover, VA
Date of Tour:
Tour Participants:
(Latham & Watkins,
*Detainees were housed in a different housing unit up until two days before delegation observed
--- ----- - - - - - - -- ----,----ICE Standard
Delegation Observation
Source
-- -

-- -

-----

ICE
Response

Detainee
Services
Standard 17
- Visitation'
(Legal
Access)

Detainee
Services
Standard'I6
-: Telephone
Access

• III(I), § 12 - "Detainees in either
administrative or disciplinary
segregation shall be allowed legal
visitation. Ifthe OIC considers
special security measures necessary,
he/she will notify legal service
providers of the security concerns
prior to the meeting."
• I - "Facilities holding INS detainees
shall perniit them to have reasonable
and equitable access to telephones."
• m(C) - "To ensure sufficient
access, the facility shall provide at
least one telephone for detainee use
for every 25 detainees held."

• Detainees in disciplinary detention are
not pennitted any visitation

• Delegation
interview with
Pamunkey tour
I?aptain
Pamunkey
Handbook, at 15

• Detainees in their new dorm-style
housing unit have approximately 5
phones for 48 detainees. One detainee
stated that in this new housing unit, he
and the other detainees have
"unlimited access" to the telephones,
with the exception of meal times,
mandatory recreation time, and count
time.
• Male detainees who are classified as
higher than minimum security risks
and female detainees are not in the
new housing. Such detainees do not

• Interview with
unidentified
Detainee (from
Colombia)
• Interview with
unidentified
Detainee (from
Colombia);
delegation notes

Detention Standards Implementation Initiative

Detainee
Services
Standard 16
-Telephone
Access

• III(E) - "Even if telephone service
is generally limited to collect calls,
the facility shall permit the detainee
to make direct calls to [courts, the
BIA, legal service providers, and
after demonstrating compelling need
in a family/personal emergency.]"
.. III(J) - "The facility shall ensure
privacy for detainees' telephone
calls regarding legal matters."
• III(K) - "A detainee's call to a
court, a legal representative, or for
the purposes of obtaining legal
representation will not be aurally
monitored absent a court order. The
OIC retains the discretion to have
other calls monitored for security
purposes."
Detainee
• III(A) - "The facility shall provide a
Services
law library in a designated room
Standard 1with sufficient space to facilitate
Access to
detainees' legal research and
Legal
writing. The law library shall be
Materials
large enough to provide reasonable
access to all detainees who request
its use."
• m(C) - "The law library shall
contain the materials listed in

ABA Commission on Immigration

•

•

•

•

•

•

have regular access the phones
because they are in lockdown for
approximately 18 hours a day.
Detainees do not have the ability to
• Pamunkey
make free direct calls to any
DetaineelInmate
organization listed in the Standards.
Handbook
The general policy at the facility is. that • Interview with
"[a]II calls are collect and subject to
Captain_
being monitored and/or recorded."
Detainees may make phone calls to
their attorneys in private, using a·
calling card provided by the facility.
If a detainee wishes to do so, he or she
must fill out a form and will be
brought to a private room by a staff
member. The facility ''tries to liInit"
the number of private calls placed by
the detainees to their attorneys.
None of the detainees interviewed
were aware of the procedure for
contacting attorneys in private.
The Pamunkey law library has a fairly • Interviews with
extensive collection of immigration
Captain"
and Officer
law materials. However, the library is
Hubbard and
missing many of the materials listed in
Attachment A.
Officerp
Pamun ey
The Pamunkey law library is currently
Program
located in a very small room,
Officers.
approximately 10 feet long by 8 feet
wide, with two large bookshelves, one • Observations of
delegation on
table with three chairs around it, and

Detention Standards Implementation Initiative

1]. ICE
shall provide an initial set of these
materials. The facility shall post a
list of its holdings in the law
library."
• I1I(B) - "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
roceedin s."
Health
• III(A) - "Every facility will provide
Services
its detainee population with initial
Standard 2medical screening, cost~effective
Medical
primary medical care, and
Care
emergency care .... All facilities will
employ, at a minimum, a medical
.stafflarge enough t6 perform basic
exams and treatments for all
detainees."
Detainee
Services
Standard 14
-Religious
Practices

• TII(M) - "The food service
department will implement
procedures for accommodating,
within reason, detainees' religious
dietary requirements."

Detainee
Services
Standard 18

• I - "Every facility with a work
program will provide detainees the
opportunity to work and earn

ABA Commission on Immigration

one table with a computer.
• The law library has only one computer
for which there is no printer. There
are rio typewriters in the law library.
While the computer is a valuable tool
for research, it does notgive detainees
the ability to prepare legal documents.
There are nb writing implements,
office supplies or paper in the law
library.

tour.

• The infirmary is staffed by two nurses
and one nursing supervisor during the
day and two nurses at night. There is a
physician's assistant who sees patients
on Wednesdays, and a physician who
sees patients for 2-3 hours on
Mondays.
• Many interviewed detainees expressed
severe concerns regarding delays in
medical treatment.
• The facility does not accommodate
_ d i e t s , although Captain
:
dded that pork is never
served.

• Interviews with
unidentified
Pamunkey
medical staff

• Only some detainees may work in the
facility. The detainees are not paid for
this work.

• Interview with
Captain"

• Interviews
unidentified
food service

ABA Commission on Immigration

Detention Standards Implementation Initiative

- Voluntary
Work
Program

money."
• III(A) - "Detainees who are
physically and" mentally able to
work will be provided the
opportunity to participate in any
voluntary work program."

• An official from Pamunkey will
shortly write a letter on behalf ofthe
detainees to ICE to inform ICE about
the detainee's help and hard work.

MEMORANDUM
To:

Victor Cerda, Acting Director. Office of Detention and Removal, Immigration, and
.Customs Enforcement

From: American Bar Association Delegation to Pamunkey Regional Jail]
Date: September 3, 2004
Cc:

Commission on Immigration

Re:

Report on observations during a general tour of the Pamunkey Regional Jail facility

I.

INTRODUCTION

This memorandum evaluates and summarizes facts and findings gathered at the
Pamunkey Regional Jail ("Pamunkey") in Hanover, Virginia. The information was gathered via
observation of the facility by the delegation and interviews with detainees and facility staff on
August 10, 2004.
The Immigration and Customs Enforcement ("ICE"), formerly the Immigration
Naturalization Service ("INS"), promUlgated the "ICE Detention Standards" in November 2000
to ensure the "safe, secure and humane treatment of individuals detained by the [ICE]." The
thirty-six Standards contained in the Detention Operations Manual cover a broad spectrum of
issues ranging from visitation policies to grievance procedures and food service. These
standards apply to ICE Service Processing Centers ("SPC"), Contract Detention Facilities
("CDF"), and state and local government used by the ICE through Intergovernmental Service
Agreements ("I GSA"). The Detention Standards went into effect at ICE SPCs and CDFs on
January 1,2001, and were to have been implemented at each facility by January 2003. The
Standards constitute a "floor" not a "ceiling" for treatment of ICE detainees. In other words,
they are meant to establish the minimal requirements that ICE must adhere to in the operation of
its facilities. Each Field Office or Officer in Charge ("OlC") of a facility may, in his or her
discretion, may promulgate policies and practices affording ICE detainees more enhanced rights
and protections than those provided for by the Standards.

ll.

THE PAMUNKEY REGIONAL JAIL
A.

The Facility
The Pamunkey Regional Jail is located in Hanover, Virginia, about 20 miles north

] The delegation was comprised of Latham & Watkins LLP
Summer
.

DC\7028]5.2

of Richmond. Pamunkey is an IGSA facility that houses men and women detainees. Male
detainees are generally housed in a unit with other detainees, separate from the general prison
population. Female detainees are housed in the facility's only female unit, together with the
general prison population.
On the day we visited, the total
at Pamunkey was 437 inmates, of
which 77 were immigration detainees. Captain
host of our tour, reported that the
average length of stay for detainees ranges widely
overnight to three to four months.
Spanish is the native language for the large majority of the detainees at Pamunkey. Pamunkey
receives a $55 per day per diem for each detainee.
Pamunkey is a clean and modem facility. There is a processing facility, a law
library, a regular library, various indoor and outdoor recreation yards, a barbershop, a chaplain's
office, a medical facility, and a canteen.
Significantly, two to three days before our arrival, the male detainees designated
as low security risks were moved to a new unit at Pamunkey. Previously, all male detainees
were housed in typical units, comprised of individual cells, each with a double-bunk-bed.
Detainees interviewed reported that two to three detainees were previously placed in a single cell
and detainees spent approximately 18 hours per day in lockdown inside their cells. Following
their move, however, male detainees were brought to a unit comprised of one, large dorm style
room. Double bunk-beds are spread throughout the room and detainees are able to move freely
around the large room throughout the day. Male detainees now share common bathroom
facilities. Overall, detainees that we interviewed were overwhelmingly pleased with their new
unit and believed that our visit played some role in the move. 2 Unfortunately, because of the
low number offemale detainees at the facility, female detainees are housed in a standard unit,
including cells, with other female inmates at Pamunkey.
B.

Facility Handbook

The Standards suggest that each facility "develop a site-specific detainee
Handbook to serve as an overview of, and guide to, the detention policies, rules, and procedures
in effect at the facility. The Handbook will also describe the services, programs, and
opportunities available through various sources including the facility." The HandbOok is
supposed to constitute a comprehensive guide to life in the facility and include, at a minimum,
the information specified in Section III, A through J of the Detainee Handbook Standard, ofthe
Standards. The purpose of the Handbook requirement is to give detainees notice of all
applicable rules, policies, and privileges of the facility.
Pamunkey staff purportedly gives each detainee a Pamunkey Regional Jail Inmate
Handbook ("Handbook") upon arrival. In addition, the Handbook is periodically updated - the
last revision occurred in March 2003. Currently, the Haridbook is available only in English,

2

Interview with Detainee (Columbia), on August 10,2004; Interview with Detainee
(Ethiopia), on August 10,2004.

3

See Detention Operations Manual, Detainee Services (5)(1).

2
DC\702815.2

although according to
facility is in the process of having the Handbook
into several other languages, including Spanish. Moreover, according to Captain
upon arrival, someone at the facility interprets the Handbook for detainees that do not

III.

OBSERVATION OF IMPLEMENTATION OF LEGAL ACCESS STANDARDS

The remainder of this memorandum focuses on portions of the Standards relating
particularly to areas of legal access, as well as general concerns raised out of observations during
the general tour. In particular, the memorandum focuses on Pamunkey's implementation ofthe
Standards concerning access to counsel and legal rights, including the following: (1) Visitation;
(2) Telephone Access; (3) Legal Materials; and (4) Group Rights Presentations. The
memorandum also addresses other concerns observed during the course of the visit including:
Recreation Issues; Medical Care, and Religious Issues.

A.

Visitation

The Handbook and the Rules of Visitation posted at Pamunkeydo not require that
visitors have a particular relationship (e.g., attorney, friend, family, etc.) to the detainee receiving
visitors. In fact, the Handbook and Visitation Rules make little distinction between visits by
attorneys and other visitors, although, as discussed below, different procedures appear to be in
place with respect to attorneys.

1.

Legal Visitation
a.

Visitation Times

The Standards state that legal visitation should be allowed seven (7) days a week
for a minimum of eight (8) hours on weekdays, and four (4) hours on weekends. Legal
visitations should not be terminated for meals or routine official counts. Procedures should be in
place to permit the detainee to receive a meal, or recreation, after the interview. 4
The Handbook provides that legal representatives may visit detainees Monday
through Friday from 9:00 a.m. until 9:30 p.m., "by appointment only and are subject to the same
restrictions as regular visitation."s According to the Handbook, such visitation may be for no
more than 30 minutes. 6 In addition, the 9:00 a.m. until 9:30 p.m. window is subject to the
restriction that no visits are permitted between the hours of 11 :00 a.m. through 2:00 p.m. and
4:00 p.m. through 7:30 p.m. Detainees are limited to one visit per day and two visits per week. 7
The Handbook states that detainees in disciplinary detention are not permitted any visitation, 8

4

Detention Operations Manual, Visitation Standard, Section IILL2.
Handbook at 14. (The Handbook is attached hereto as Exhibit A).

6

Id.

7

Id.

8

Id. at 15.

3
OC\70281S.2

E confirmed

and

this. The Handbook and Rules of Visitation provide for previsits for visitors living a minimum of75 miles away from the
this special arrangement

PTIPn{1pt1

_V•.U.H.U . . .'U

mdlcated that Pamunkey is more flexible with respect to visits by
including allowing
but there is no official
statement of this policy. In practice, however,
accurate. Two detainees reported that they had been
their attorneys on at least one
occasion each and did not report any time restrictions or other problems. 10
UHl,",l.~l",

that no visitation is permitted during head counts or
lockdown and there is no procedure to provide detainees with recreation time if visitation
conflicts with the recreation time for their housing unit; however, she also stated that detainees
are provided with meals if visitation interferes with their regular meal time.

b.

Attorney Access

The Standards provide that attorneys without bar cards must be granted access if
they show other available documentation to demonstrate bar membership. An attorney or an
accredited representative should not have to submit a G-28 for a pre-representation interview.
And, upon presentation of a letter of authorization from a supervising attorney, legal assistants,
law students, or law graduates, and non-attorneys with appropriate identification should be
allowed entry. Mental and medical health professionals, and interpreters, with appropriate
identification, should also be allowed entry. 11
"""1-lT.,.,.,,,·t1 that an attorney can call ahead to determine if a detainee
is at Pamunkey on a
The Handbook contemplates
attorneys of record and
members of the clergy making professional v~d Captain
that bar J.D. cards
would cooperate
are required for attorneys. However, Captairllllilindicated
to otherwise confirm bar membership ifno J.D. card was available.

2.

Privacy

The Standards provide that an attorney or legal representative should be provided
with a private room to conduct a meeting with possible visual, but no audio observation.
Attorneys, legal representatives, law students and legal assistants should be able to provide the
detainee with paper documents, and the detainees should have the right to retain or have

9

Id.

10

Interview with Detainee (Ecuador), on August 10,2004; Interview with Detainee
(Mexico), on August 10, 2004.

11

Detention Operations Manual, Visitation Standard, Sections III.I.3; III.O.

4
DC\7028IS.2

reasonable access to them. 12
The Facility includes two rooms used for contact visits by attorneys, both of
which have non-perforated windows opening towards the hallway. The rooms, which we used
for our
.
with detainees, were in good condition, with sufficient space and lighting.
Captain
that, during such visits, an officer may visually observe the visit through
the window, but would not be present in the room or otherwise engage in any audio observation
of the visit. The Rules of Visitation state that no items (including papers) may be
visitation,13 but based on other references in the
by.
this
restriction appears not to apply to attorney visits. Captain
that attorneys are
expected to notifY Facility officials that they are taking papers into the visitation room and that .
this requirement is to protect against theft. The Handbook states that detainees are permitted to
retain legal papers,14 but it is not clear whether correspondence with attorneys is subject to the
restrictions in the Handbook on the number of letters detainees are permitted to retain. 15
3.

Strip Searches

The Standards provide that, in facilities such as Pamunkey, which is not owned or
operated by ICE, if strip searches are conducted after a contact visit, there should be an
alternative procedure available to allow for a non-contact visit. 16
At the Facility, in accordance with the Handbook and as confirmed by Captain
leUulliees are strip searched after a contact legal visitation, but may have a non-contact
visit, in which case no such search is required. 17

4.

Visitation by Family, Friends, and the Media
a.

Visitation Times and Duration

The Standards provide that Facilities should permit authorized persons to visit
detainees within security and operational constraints. To maintain detainee morale and family
relationships, ICE encourages visits from family and friends. Additionally, facilities should
permit members of the media and non-governmental organizations to have access to nonclassified and non-confidential information about the facility's operation. The Standards provide
that visiting hours should be clearly posted and permitted during set hours on weekends and
holidays. Special arrangements should be available for family members who are unable to visit
12

Detention Operations Manual, Visitation Standard,Sections 111.1.9.

I3

See Visitation Rules, Item 4.

14

Handbook at 7 (property permitted to be retained in possession of detainees includes
legal papers)

15

Id. at 14 (inmates may accumulate no more than twenty cards or letters and any excess
must be destroyed).

16

Detention Operations Manual, Visitation Standard, Sections III.Lll.

17'

Id. at 20.

DC\702815.2

5

during regular visiting hours. Visits should be for at least 30 minutes. 18
The Rules of Visitation were posted at the front desk, and additional copies of the
Rules of Visitation were available for visitors. According to the Handbook and Rules of
Visitation, visiting hours for general visitation are 9:00 a.m. through 9:30 p.m. Monday through
Friday, provided that no visits are permitted between the hours of 11 :00 ·a.m. through 2:00 p.m.
19
and 4:00 p.m. through 7:30 p.m. During the permitted hours of visitation, 30-minute visits may
be scheduled during one of eight time slots available?O No visits are permitted on weekend or
holidays, although special visits during other days and hours, as well as extended visits, may be
scheduled by appointment if the visitor lives at least 75 miles away from the Facility.21 The
detainees our delegation interviewed were all aware of the visitation hours and time
restrictions. 22

b.

Other Limits on Visitors

The Handbook states that detainees are limited to one visit per day and two per
week - and detainees in disciplinary detention are not permitted to receive visitors. No more
than two adults, or one adult and two minors, are permitted to visit a detainee in anyone visit.
Minors (less than 18 years of age) must be accompanied by an adult at least 21 years of age. 23
The Standards do not purport to limit the types of visitors that a detainee may
have. "Other than limitations due to visiting room capacity, no limitation should be imposed on
the number of visitors per detainee. Immediate family, relatives, friends and associates may
visit." However, according to the Handbook, the Facility does not allow visitations by persons
awaiting trial or on active probation or parole, inmates released from the Facility within the past
ninety days, or current or former employees of the Facility.24
Detainees are not permitted to receive cash or personal checks. Money orders
may be received by detainees through the mail or from visitors. Cash or personal checks
received by the detainee must be returned by the detainee at the detainee's expense?5

5.

Visitation in Segregation

18

Detention Operations Manual, Visitation Standard, Sections III.H.

19

Id. at 14.

20

21
22

The Facility provided a copy of the visitation schedule, which shows that the visitation
time is divided into eight, 30-minute segments separated by 15-minute intervals.
Handbook at 15.
Interview with Detainee (Columbia), on August 10, 2004; Interview with Detainee
(Ecuador), on August 10, 2004; Interview with Detainee (Ethiopia), on August 10,2004;
Interview with Detainee (Mexico), on August 10, 2004.

23

Id. at 14-15.

24

Id. at 14.

25

Id. at 8.

6
OC\702815.2

The Standards provide that a facility disciplinary system should not allow for deprivation
26
of access to legal or family visitation. However, the
provides that detainees in
disciplinary detention will not receive visits and
that legal visitation was
unavailable during "lockdoWll."
B.

Telephone Access

While Pamunkey bas implemented some sections on the Standards regarding telephone
access, it has failed to implement other, significant sections of the Standards.

1.

General Requirements

The Standards suggest that facilities provide detainees with reasonable and equitable
27
access to telephones. In order to meet this requirement, facilities must provide at least one
telephone for every 25 detainees and written access rules to each detainee. 28
Pamunkey is in the process of implementing this section of the Standards. As discussed
above, the detainees were housed in a different housing unit up until two days before our
delegation observed the facility. Because the detainees Were on "lockdown" for 18 hours per
day, and because they did not have access to the phones during mealtimes or mandatory
recreation, one detainee reported that they only had limited access to telephones. 29 He estimated
that they had access to telephones for "about two hours" each day in their previous housing
30
unit.
As our delegation observed the detainees in their new dorm-style housing unit, we
observed approximately 5 phones for 48 detainees. One detainee stated that in this new housing
unit, he and the other detainees have ''unlimited access" to the telephones, with the exception of
meal times, mandatory recreation time, and count time. 31 While our delegation is concerned
. about the apparent lack of access to telephones for detainees in the previous housing unit, the
new dorm-style unit appears to provide access as suggested in the Standards with regard to
access to telephones. New telephones were being installed the afternoon we visited Pamunkey.
We are also concerned about those detainees who are not housed in the new dorm-style housing
unit, which included male detainees who are classified as higher than minimum security risks
and female detainees. Such detainees do not have regular access the phones because they are in
10ckdoWll for approximately 18 hours a day.
Our delegation did not observe written access rules regarding usage of the phone system

26

Detention Operations Manual, Visitation Standard, Sections IILH.5.

27

Detention Operations Manual, Detainee Services, Standard 15, Sections I & IILA

28

Detention Operations Manual, Detainee Services, Standard 15, Sections III.B. & C.

29

Interview with Detainee (Columbia), on August 10, 2004.

30

Id.

31

Id.

7
DC\702815.2

near the telephones in the housing unit. However, the Inmate Handbook does set forth rules
regarding phone use. The
.
concerned, however, that the Inmate Handbook is only
available in English.
that they are in the process of translating the
Handbook into Spanish, but
not state when a translated Handbook would be available to
detainees.
2.

Direct vs. Collect Calls

A facility may generally restrict telephone service to collect calls, but it must permit
detainees to maky direct calls to a number of organizations, including the local immigration
court, the Board of Immigration Appeals, Federal and State courts, consular officials, legal
service providers, and relevant government offices. 32 Detainees must also be able to make direct
calls to family members when a "compelling need" arises. 33 Moreover, the facility must provide
a detainee with the ability to make calls to the ICE-approved list oflegal service providers and
consulates at no charge to the detainee or the receiving party. 34
The delegation is concerned about the facility's implementation ofthis section of the
Standards. At the time of our delegation's visit, detainees did not have the ability to make direct
calls to the organizations listed above. The general policy at the facility is that "[a]l1 calls are
collect and subject to being monitored and/or recorded.,,35 Moreover,
not
provide for the purchase or use of pre-paid calling cards, although Captain
that the
facility "may do so in the future." Because many organizations, including
pro bono and
immigration advocacy groups, do not accept collect calls, detainees are effectively prohibited
from contacting those organizations.
The delegation is also concerned about the ability of the detainees to contact their family
members overseas. The phone system does not allow detainees to make international calls. A
number of the detainees expressed frustration at not being allowed to make international calls
because most detainees have families in other countries. Furthermore, the detainees interviewed
by our delegation expressed concerns about the cost of collect calls. One detainee, stated that it
36
costs $3.85 to connect all calls. Another detainee stated that a collect call to his family in New
.
York cost $15.00 for 18 minutes. 37
3.

Privacy and Telephone Usage Restrictions for Legal Phone Calls

The Standards provide that with respect to. legal phone calls:

32

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

33

Detention Operations Manual, Detainee Services, Standard 15, Section III.E.

34

Detention Operations Manual, Detainee Services, Standard 15, Section III.E.

35

Handbook at 12.

36

Interview with Detainee (Ecuador), on August 10, 2004

37

Interview with Detainee (Columbia), on August 10,2004.

DC\702815.2

8

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 rule or automatic cut-off,
unless necessary for security purposes or to maintain orderly and fair access to
telephones. Iftime 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.38
The facility should also ensure privacy for all detainee phone calls regarding legal matters. In
order to fulfill this requirement, the facility should provide a reasonable number of telephones on
which detainees can make such calls without being overheard by officers, other staff, or other
detainees. 39 The Standards also explicitly prohibit the facility and its personnel from monitoring
or recording telephone calls on legal matters, absent a court order. 4o If a facility monitors nonlegal calls, it must notifY detainees upon admission and place a notice at each monitored
.
telephone. 41 The notice must state that detainee calls are subject to monitoring and must provide
the procedure for obtaining an unmonitored call for legal purposes. 42

The
the Standards.

concerns about the/acility's implementation o/this section 0/

that detainees may make phone calls to their attorneys in
private, using a calling card provided by the facility. She explained that if a detainee wishes to
do so,
must fill out a form and will be brought to a private room by a staff member.
emphasized that the staff member does not stay in the private room and that these
calls are never electronically monitored. She also stated that the facility "tries to limif' the
number of private calls placed by the detainees to their attorneys.
At the time of our observation, none of the detainees interviewed were aware of the
procedure for contacting attorneys in private. For example, when one was asked about making
phone calls to an attorney in private, he said that it is "not possible." He indicated that he is not
aware of the procedure for calling ap. attorney in private and stated that he did not know of any
other detainee who had done SO.43 Upon examination of the Inmate Handbook, there is no
mention of a detainee's ability to contact his or her attorney in private. Furthermore, the
delegation did not observe any notice posted near the telephones providing the procedure for
detainees to make phone calls to attorneys in private.
Because the detainees are not aware of their ability to make phone calls to their attorneys
in private, they are effectively forced to make all phone calls at the telephones in the housing unit
which are located in an open area. There are no privacy panels installed and another detainee or
staff member at the facility can easily overhear detainee phone conversations. Moreover, as
·38

Detention Operations Manual, Detainee Services, Standard 15, Section III.F.

39

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

40

Detention Operations Manual, Detainee Services, Standard 15, Section III.l

41

Detention Operations Manual, Detainee Services, Standard 15, Section III.K.

42

.Detention Operations Manual, Detainee Services, Standard 15, Section III.K.

43

Interview with Detainee (Columbia), on August 10, 2004 ..
9

DC\702815.2

stated in the Inmate Handbook, all telephone calls in housing areas are electronically
monitored. 44 This policy apparently includes attorney-client telephone calls. These practices are
particularly troubling to the delegation because they interfere with attorney~client relationships
and confidentiality.

4.

Incoming Calls and Messages

The Standards suggest that facilities take and deliver messages from emergency and nonemergency incoming telephone calls to detainees as promptly as possible. 45 Upon receiving an
emergency call for a detainee, the Standards suggest that the facility obtain the caller's name and
telephone number and pennit the detainees to return the calls as soon as reasonably possible. 46
The Pamunkey facility has not fully implemented this section of the Standards. The
~ave a fonnal procedure for providing detainees with messages from attorneys.
stated that although the facility does deliver some messages from attorneys to
detainees,
''try to limit the number of messages from attorneys to detainees" for fear that the
process may be abused. One detainee stated that he has never received any messages from his
attorney.47 He mentioned that on one occasion, his attorney called the facility and was told that
the message would be given to the detainee. The detainee (from Colombia) stated that he never
received the message and did not learn
until he contacted the attorney one week later.
Based on the statements by both
the detainees we interviewed, the delegation
messages from attorneys.
is concerned with the ability of detainees to 0
facility

that there is a fonnal procedure in place for detainees to receive
messages from emergency incoming telephone calls. She stated that if there is a death in the
detainee's immediate family, the call is referred to the facility chaplain. The chaplain verifies
the authenticity of the call and meets with the detainee to relay the message. Detainees are then
permitted to return the emergency phone call. It is unclear as to whether a death in the detainee's
immediate family is the only type of "emergency" message that the facility will relay to a
detainee. None of the detainees interviewed expressed concerns with the emergency message
process.

C.

Access to Legal Materials

The Detention Standards suggest all facilities housing detainees pennit access to a law
library.48 Facilities are also required to provide legal materials, facilities, equipment, and

44

Handbook at 12.

45

Detention Operations Manual, Detainee Services, Standard 15, Section IILL

46

Detention Operations Manual, Detainee Services, Standard 15, Section III.I

47

Interview with Detainee (Columbia), on August 10, 2004.

48

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

DC\702815.2

10

document copying privileges, and the opportunity to prepare legal documents. 49
Though the Pamunkey law library provides a number of the legal materials required by
the Detention Standards, the library itself is too small and lacks the equipment necessary to
allow detainees to prepare legal documents. Pamunkey staff say that they are willing to assist
detainees with document preparation, legal research and copying, and provide other services as
needed. Though the staff has indicated that detainees are given as much access as they need to
the library, reports from at least one detainee call this into question.

1.

Materials Identified in Attachment A of the Standards

The Standards suggest facility law libraries contain all of the materials listed in
Attachment A of Standard 1: Access to Legal Materials. The facility should also post a list of its
holdings in the law library. 50 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. 51 All damaged or stolen items must be promptly replaced. 52 The
facility is responsible for designating an employee charged with updating legal materials,
inspecting them weekly, maintaining them in good condition, and replacing items as needed. 53
The Pamunkey law library has a fairly extensive collection of immigration law materials.
However, the library is missing the following materials listed in Attachment A:
•
•
•
•
•
•
•
•
•
•
•
•
•
•

Bender's Immigration and Nationality Act Service
Immigration Law and Defense, by the National Lawyer's Guild
Guide for Immigration Law Advocates
Country Reports on Human Rights Practices
Human Rights Watch - World Report
UNHCR Handbook on Procedures and Criteriafor Determining Refugee Status
Considerations for Asylum Officers Adjudicating Asylum Claims for Women
Immigration and Naturalization Service Basic Law Manual
Lawyer's Committee Handbook on Representing Asylum Applicants
Rights of Prisoners
Federal Habeus Corpus, Practice and Procedure, 2nd Edition by Liebman
Directory ofNonprofit Agencies that Assist Persons· in Immigration Matters
Translation dictionaries for languages other than Spanish
Telephone books
.uu.•"ac"u

that the law library has CD-ROMs and

49

Id.

50

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

51

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

52

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

53

Detention Operations Manual, Detainee Services, Standard 1, Section IILE.
11

00702815.2

infonnation downloaded on the computer in the library with the latest immigration law materials.
It is not clear whether some of the materials listed above as missing from the library are available
on CD-ROM or in some other fonn on the computer. Because there is no list of holdings posted
in the library, it is also possible that some of the above-listed missing sources were on one of the
shelves or on the table in the law library. Detainees who are looking for particular sources have
to search the table and the shelves to find out whether the items are available.
According to
the jail's Programs Officers .
Officer
. . bear the responsibility for ordering and
. law libr.iiaten
0 ensure that
materials are not damaged or stolen,
Officer , nspect the law library
also check the materials in the law library
after each use by any inmate. The Programs
weekly to insure that they are in good condition. 54 Tae Johnson, an ICE officer responsible for
. the law
Pamunkey, also comes in once a month to inspect the books. Most of the
that
library are either provided by ICE or donated from outside sources.
ICE reviews materials coming from outside sources.
detainees need materials that are not located in the Pamunkey law library, Captain
that officers will find those materials for detainees on the internet or from
outside sources. He said that officers can usually get the material for detainees the same day that
it is requested.
un... ,,",,,,,,,",

2.

Library Conditions

The Standards suggest that each facility provide a law library in a designated, well-lit
room with enough space for detainees to conduct legal research and writing. 55 The library
should also have a sufficient number of tables and chairs to accommodate all detainees who
request its use and be reasonably isolated from noisy areas. 56
The Pamunkey law library is currently located in a very small room, approximately 10
feet long by 8 feet wide, with two large bookshelves, one table with three chairs around it, and
. fairly small and is partially
one table with a computer. The table without the
covered by immigration law books. Though Captain
that two or three detainees
more detainees to be in the
are allowed in the library at one time, it would be impossl
library given the space constraints. On a positive note, the Pamunkey law library is adequately
lit and is located off a quiet hallway.

3.

Photocopies and Mail

The Standards mandate that each facility shall ensure that detainees can obtain
photocopies of legal material, when such copies are reasonable and necessary for legal

.54

Conversation with ....... I-' ....w

55

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

56

Id.

10,2004.

12
DC\702815.2

proceedings involving the detainee. 57 This can be accomplished by giving detainees access to a
copier or copying materials for them. 58 Facilities shall provide enough copies to meet the filing
requirements of a particular court or DHS and ensure that the detainee receives a copy for the
detainee's personal records. 59 The facility should also provide indigent detainees with free
envelopes and stamps for mail related to a legal matter. 60
staff seems very willing to assist detainees with their photocopying needs.
that detainees who want copies fill out a requisition form requesting
copies and the Programs Officer then takes their documents and makes copies for them. He said
that officers have no problem making one or two copies for a detainee for free. He also said,
however, that
consider charging for copies if someone were to abuse the
process.
that it is very rare for detainees to request any photocopies.
According to
detainees who cannot afford to buy their own stamps and
enveloEes, and who meet the
for indigence, are provided with a biweekly "indigent
pack." 1 The indigent pack contains 4 large stamped envelopes, a writing pad, a pen and hygiene
62
products. To ~ualify as an indigent, a detainee must have less than 50 cents in his account for
at least 30 days. 3

4.·

Computer Access, Equipment and Holdings

The Standards suggest 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. 64 The Standards further suggest that the facility shall permit
detainees to assist other detainees in preparing legal documents, except when such assistallce
. ns
. k .65
poses a secunty
The Pamunkey law library does not have adequate computer equipment in the law library
for detainee use. The law library has only one computer for which there is no printer. There are
no typewriters in the law library. While the computer is a valuable tool for research, it does not
. give detainees the ability to prepare legal documents. Detainees also do not have the
store information on diskettes that they can keep in their possession. However, Captain
57

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

58

rd.

59

Id.

60

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

61

The Handbook indicates that detainees will only receive the indigent pack once every 30
days. Handbook at 18.

62

Handbook at 18.

63

Conversation with

64

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

65

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

10,2004.

13
DC\702815.2

indicated that Programs
detainees and then printout

save materials to a floppy disk for

There are no writing implements, office supplies or paper in the law library. Captain
that detainees are required to bring these materials with them to the library or ask
that they need.
Overall, the Pamunkey law library does not appear to provide detainee~
equipment necessary to draft and produce legal documents. However,
that officers are
detainees with legal documents. He said that
Programs
detainees with drafting 90% of the time and detainees
also help each other
and correspondence. The Pamunkey staff also assists
in faxing requests for information to ICE for detainees.
According to
staff permit detainees to assist each other in
researching and preparing legal documents. He indicated that detainees often tum to each other
for help and the staff often depends on other detainees to provide assistance because of the
language barriers. Generally, non-English-speaking detainees are assisted by English-speaking
detainees and do not request additional assistance with translation from the Pamunkey staff.

5.

Access to the Library

The Standards suggest that the facility devise a flexible schedule to permit all detainees,
regardless of housing or classification, to use the law library on a regular basisfor a minimum of
five hours a week. 66 Detainees should not be forced to choose between library time and meals,
recreation time, or any other planned activity. 67
indicated that the law library is open from 8 a.m. to 8 p.m. seven days a
week. She said that detainees can sign up for library time on the weekly activity sign-up sheet
staff try to ensure that
that is available on Saturdays. Accordirig to
library time does not interfere with any other
at the facility. He also indicated
that they try to provide detainees access to the law library whenever they need it. The staff
appears to be more than
detainees to use the library for more than five hours if
they have a need.
said that the staff tries to give priority for library use to
detainees who have
as long as the staffis aware of such deadlines.
ndicated that the staff give the same law library access to detainees who
are housed in
Segregation and Disciplinary Segregation as detainees who are
housed in the general population. She said, however, that access might be denied if a detainee
were being very uncooperative and not following the rules.
Several detainees that the delegation interviewed did not agree that the staffis flexible in
allowing use of the law library. At least two detainees allegedly signed up to use the law library
66

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

67

Id.
14

DC\702815.2

on several occasions and have never been granted access. 68 However, another detainee did
report that he had been given access to the law library.69 While the sign-up system may be
useful for Pamunkey staff, the delegation believes that Pamunkey staff should ensure that all
detainees who sign up for library access are granted such access and brought to the law library in
a timely manner.
6.

Notaries, Certified Mail, and Miscellaneous Needs Associated with
Legal Matters

The Detention Standards suggest that the facility provide assistance to any unrepresented
detainee who requests a notary public, certified mail, or other services pursuant to a legal matter
if the detainee is unable to meet the need through a family member, friend or community
7o
organization.
The Pamunkey Inmate Handbook states that notary and clerical services are provided for
a fee by submitting a request to the Programs Officer. 71 .
7.

Legal Material Retention

The Detention Standards suggest that the facility permit detainees to retain all personal
legal material upon admittance to the general.g0pulation or in segregation, unless such material
creates a safety, security or sanitation hazard. 2 The facility can require detainees to place some
personal legal materials in the property storage area, with access permitted during designated
bours, if detainees have too much material to store with them in the general population. 73

The Pamunkey Inmate
that detainees are allowed to maintain legal
74
cated that there is no limit on how many legal
papers in their possession.
documents a detainee may keep in his possession. She recounted that the only time a detainee
was ever asked to store his documents in a separate location was when the person had documents
dating back to the 1960s that took up more than half his cell. The staff asked that particular
detainee to either send some of his documents outside the facility to be stored or allow the staff
to destroy some of the unnecessary documents.

68

69

Interview with Detainee (Columbia), on August 10, 2004; Interview with Detainee
(Mexico), on August 10, 2004.
Interview with Detainee (Ecuador), on August 10, 2004

70

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

71

Handbook at 17.

72

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

73

Id.

74

Handbook at 7.
15

DC\702815.2

D.

Group Right Presentations

The Standards on Group Presentations on Legal Rights provide that facilities 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 the facility. All facilities must cooperate fully with authorized persons seeking to make such
•
75
presentatIons.
The Capital Area Immigrants' Rights Coalition ("CAlR Coalition") makes monthly visits
to the Pamunkeyfacility. The detainees find these visits and CAIR Coalition team members
76
helpful in answering their legal questions.
Group presentations are open to all detainees, regardless of the presenter's intended
audience, except when a particular detainee's attendance would pose a security risk. However,
Pamunkey staff indicated that group presentations are less common than individual, one-on-one
discussions. Group presentations, including the presentation of the "Know Your Rights" video,
are tYJ>ically offered to new detainees only. At least one detainee indicated that he had seen the
video. 77

IV.

OTHER GENERAL OBSERVATIONS UNRELATED TO THE LEGAL ACCESS
STANDARDS
A.

Access to Medical Treatment

. TheStandards suggest that all detainees have access to medical services that promote
health and general well-being. 78 Facilities are suggested to have regularly scheduled times when
79
medical personnel are available to see detalnees who have requested medical services.
Facilities must also have procedures in place to provide emergency medical care for detainees
who require it. 8o In a situation where a detention officer is uncertain whether a detainee requires
emergency medical care,the officer should immediately contact a health care provider or an onduty supervisor.81
.
. .
The delegation is concerned with the facility's accessto medical care for immigration
detainees. Pamunkey has an infirmary that includes space for medical intake and six medical
holding cells. One of the cells includes a camera for suicide watch and another cell is sealed

75

Detention Operations Manual, Group Rights Presentation Standard, Sections I, III.

76

Interview with Detainee (Ecuador), on August 10,2004.

77

Id.

78

Detention Operations Manual, Detainee Health Services, Standard 2, Section I.

79

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

80

Detention Operations Manual, Detainee Health Services, Standard 2, Sections III.A, D.,
andG.

81

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

16
DC\702815.2

with negative air pressure to contain possible biological hazards and serious infectious diseases.
According to Parnunkey's medical staff, the infirmary is staffed by two nurses and one nursing
supervisor during the day and two nurses at night. There is a physician's assistant who sees
patients on Wednesdays, and a physician who sees patients for 2-3 hours On Mondays. In
addition, mental health services are provided through the county, which sends a psychologist to
the facility twice each week and a psychiatrist every other week. Should a detainee desire
medical treatment, he.or she must fill out a request form, briefly describing his or her medical
problems. The requests are addressed in order of severity. While
stated in the
Pamunkey Regional Jail Inmate Handbook and relayed by
to meet the
intent of the Standards, the detainees interviewed by the delegation
regarding health care at the facility.
Upon interviewing the detainees, many expressed concerns regarding delays in receiving
medical treatment. One detainee stated that detainees "have to be bleeding" in order to receive
medical attention. 82 He indicated that when detainees fill out request forms, the wait to be called
in to receive treatment is so long that most people are better before they are called into the
infirmary. The same detainee stated that on one occasion, he sprained his ankle playing
basketball. He filled out a form and told one of the officers that he needed to go to the infirmary.
After waiting for a considerable amount of time, he finally pretended that he could not walk and
was finally taken into the infirmary.83 Another detainee, reported that he has made three medical
requests during the month that he has been at Pamunkey and has not received any response. 84
The delegation finds these delays in administering medical treatment particularly troubling.
The delegation is also very concerned about Pamunkey's monitoring of detainees for
mental health problems. While Pamunkey screens detainees for mental health problems upon
, there are no follow-up or subsequent screenings of detainees. According to
Pamunkey staff regularly observes the detainees and will report any unusual
or the medical staff.
B.

Dietary Requirements

According to
dated. The facility does not
accommodate religious diets,
that pork is never served. The
facility does accommodate vegetarian diets. However, once a detainee indicates at classification
that he
.
is not) a vegetarian, they cannot change their mind at a later date. As
Captain
"if he says that he is a meat eater at classification, he will be a meat eater
until he
C.

. Classes
HUJ".. U,Lv",

that Pamunkey offers a variety of classes including: computer

82

Interview with Detainee (Columbia), on August 10, 2004.

83

Id.

84

Interview with Detainee (Mexico), on August 10, 2004

17
DC\702815.2

training, GED, adult education, special education, parenting, anger management, "Productive
Citizen," "Life Without a Crutch," and "Offender Aid and Restoration." Pamunkey also holds
meetings for Narcotics Anonymous and Alcoholics Anonymous. Captain
that
Pamunkey officials are in the process of implementing additional programs,
did not
specify the nature of those programs. All inmates, including detainees, have access to offered
classes on a voluntary basis. 85 Detainees may participate in these classes by filling out a written
to the Programs Officer.86 All classes at Pamunkey are offered in English only. Captain
indicated that most detainees do not participate in offered classes, because they generally
are not at the facility for longer than a couple of months.
D.

Recreation

The Standards provide that detainees should be placed in facilities that provide
outdoor recreation, and that if a facility does not have an outdoor area, a large recreation room
with exercise equipment and access to sunlight will be ~rovided. Detainees are to have access to
recreation for at least one·hourdaily, five days a week. 7
Pamunkey has five small outdoor courtyards and five enclosed indoor courtyards with
access to sunlight. Each of the courtyards is designed for basketball and running or .
any kind is highly constrained due to the size of the courtyards. According to Captain
detainees, including those in disciplinary conditions, have access to recreation one to two
per day, seven days per week.

E.

Voluntary Work Programs

The Standards provide that all facilities with a work program must provide
detainees that are physically and mentally able to work the opportunity to do so and earn money.
At Pamunkey, some'
work in the facility. The detainees are not paid for this work
but, according to
official from Pamunkey will write a letter on behalf of the
detainee to ICE to inform
the detainee's help and hard work.
F.

Religious Issues

Pamunkey offers formal programs for Christians only. A chaplain is available for
all detainees and regular services are supplemented with nighttime bible study classes in the
facility's classrooms. According to Captain lIIIIIIe Chaplain tries to accommodate other
religions by finding religious leaders of othe~nations, such as rabbis or Imam to visit
.
when requested. Such visits, however, are strictly non-contact. According to Captain
...".,u...""., are permitted to have religion items in their personal belongings such as
1<;;llll'.1\)U" books and prayer rugs.
G.

Detainee Classification

85

Handbook at 19.

86

Id.

·87

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

18
DC\702815.2

Pamunkey classifies inmates and detainees '10 determine the type of management and
housing that will best protect the individual and preserve the security of the facility .,,88
Pamunkey staff indicated that they use the National Institute of Corrections modules for
classifying both detainees and inmates. Categories include, among others, prior offenses, current
offenses, mental and physical health, and work history. With respect to security risk, inmates
may be categorized into Maximum, Medium, and Low-Risk and are placed in corresponding
housing units.
Although male detainees were originally housed together with inmates, due to integration
problems, the male detainees
separately from inmates in their own pod. Female
fewer integration issues and so they are housed with
detainees, according to
the inmates. Like the other inmates, detainees are classified on the basis of an interview upon
arrival. Detainees with prior criminal records may be housed in the maximum-security wing if
their records warrant such treatment.

H.

Grievance and Disciplinary Procedures
1.

Discipline

The disciplinary procedure described in the Handbook consists of two broad categories of
offenses and their possible sanctions. These categories include "Major Violations (Category I)"
(e.g., assault, rioting, arson, sexual misconduct, escape, and destruction offacility property), and
"Minor Violations (Category 2)" (e.g., indecent exposure, malingering, and hoarding). The
possible sanctions are many, and include a maximum of 60 days cell restriction and loss of
. ·1 eges. 89
pnvl
The primary reason that inmates and detainees are placed in disciplinary segregation is
fighting. Pamunkey staff reports that the detainees are generally well-behaved and do not fight
as much as regular inmates. Occasionally a detainee might be placed in administrative
segregation if the detainee is particularly high-profile or at risk of harm for some reason.
Detainees may be quarantined medically if there is concern that they have tuberculosis or an
infectious disease; they are not tested nor quarantined for HIV/AIDS. However, ifinmates are
known to be HIVIAIDS infected and their illness poses a riskto others, they may be placed in
medical quarantine. Detainees are not quarantined or segregated based on sexual preferences or
if they are transgender, unless the detainee thinks that such status will raise an issue.

2.

Grievance Procedure

. The Standards provide that each facility must develop standard operating procedures that
address grievances and must guarantee against any reprisals. An informal procedure should be
in place for a detainee to present his or her concern to any staff member at any time. 90

88

Handbook at 9.

89

Handbook at 24-30.

90

Detention Operations Manual, Detainee Services, Standard 8, Section 1.
19

DC\702815.2

The Handbook emphasizes that the first step in the grievance procedure is attempting to
solve the problem informally. This is initiated by submitting a written Inmate Request Form to
the Housing Officer. According to the Handbook, the Housing Officer will attempt to resolve
the problem, or forward it to the supervisor. The detainee will receive a written response to this
as documentation that the detainees attempted to resolve the dispute informally.91
The detainee may file a grievance report ifhe is not satisfied with the resolution of his
complaint. Internal Affairs will investigate the grievance and return a copy, with a response,
within five working days.92 If the resolution is still unsatisfactory, the detainee can file an appeal
form, which is reviewed by the Deputy Superintendent. The decisions ofthe Deputy
Superintendent are final. 93
Detainees expressed concerns about the grievance procedure. One detainee stated that he
filled out grievance forms but he had either received the response that his grievance was "not a
grievable offense" or he had received the response that his requested relief was denied. 94

I.

Immigration Court

The Pamunkey facility does not have an immigration court onsite. Detainees must be
transported to the Piedmont facility in Farmville, VA to attend sessions of the immigration court
via video conference. Detainees are handcuffed at the wrists, shackled at the ankles, and a chain
binds together these restraints. After the detainees are bound, a bus delivers the detainees to the
Piedmont facility.
.
According to Pamunkey staff and detainees, there is no pro bono legal assistance
available to Pamunkey detainees for immigration court. Other than receiving access to the CAIR
Coalition attorneys, detainees must hire their own attorney. These attorneys sometimes answer
questions for other, non-client detainees regarding legal issues.

J.

ICE Presence

The Standards suggest procedures be in place "to allow for formal and informal contact
between key facility staff and ICE staff and ICE detainees and to permit detainees to make
written requests to ICE staff and receive an answer·in an acceptable time frame.,,95 Under the
Standards, ICE personnel must conduct weekly visits to the facility and "regularly unannounced
(not scheduled) visits.',96 The purpose of such visits is to monitor housing conditions, interview
detainees, review records, and answer questions for detainees regarding the immigration removal
process. The Standards also suggest that detainees "have the opportunity to submit written
91
92

Handbook at 42.
Id.

93

Id. at 43.

94

Interview with Detainee (Ecuador), on August 10, 2004.

, 95
96

Detention Operations Manual, Staff-Detainee Communication, Section 1.
Detention Operations Manual, Staff-Detainee Communication, Section 1lI.A
20

DC\702815.2

questions, requests, or concerns to.ICE staff.',97 The Standards suggest that detainee requests be
forwarded to the appropriate ICE office within 72 hours and "answered as soon as possible or
.
practicable, but not less than 72 hours from receiving the request.,,98
implementing this section of the Standards. On the day of our
lcc()mlpan1ea us on our tour ofPamunkey. According to Officer
the Assistant OIC, visits Pamunkey monthly and meets with

There is no specific system in place for ICE detainees to contact ICE officials.
According to Officer-I,M detainees can contact the ICE office through regular mail or by
phone (although there is no policy in place to allow detainees to contact ICE for free). The
delegation hopes that Pamunkey adopts a formal system through which detainee questions,
complaints, or other communications are sent to ICE and makes the detainees aware of such a
system.

V.

CONCLUSION

Overall, the delegation feels that the staff ofPamunkey has a positive attitude
regarding the Standards and is taking positive steps towards implementing the Standards.
However, in some instances the delegation observed important Standards that were not being
fully implemented at the facility.
With respect to phone access, Pamunkey should provide free phone access to the
organizations required under the Standards, such as the local immigration court, the Board of
Immigration Appeals, Federal and State courts, consular officials, legal service providers, and
relevant government offices, including ICE offices. Pamunkey should also make all detainees
aware of their right to contact their attorneys for free via phone in a private room without
monitoring. Further, in respecting detainees' communications with their lawyers, Pamunkey
should set up a system whereby any messages from attorneys to detainees are immediately and
confidentially delivered to the detainees.
With respect to the law library at Pamunkey and detainees' access to legal
materials, Pamunkey should acquire adequate computer equipment foi-the law library.
Pamunkey should grant access to all detainees who sign up to use the law library. Again, several
detainees stated that they signed up for access to the law library, but were never granted such
assess. Pamunkey should also attempt to acquire all of the required law library materials and
should attempt to acquire legal materials that are in Spanish.

In terms of medical care of detainees, Pamunkey should follow-up on all medical
complaints by detainees, including providing each detainee who complains about a medical
problem a trip to the medical unit. Pamunkey should also provide follow-up interviews with
detainees to monitor detainees for mental health problems.
97

98

Detention Operations Manual, Staff-Detainee Communication,Section III.B.
Detention Operations Manual, Staff-Detainee Communication, Section III.B.I.

21
DC\702815.2

Finally, we suggest that ICE attempt to have more of a presence at Pamunkey.
ICE officials should visit Pamunkey weekly, rather than monthly. Moreover, Pamunkey should
set up a formal system for detainees to send complaints or questions to the appropriate ICE
office, including free phone access to the relevant ICE offices.

22
DC\702815.2