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MEMORANDUM

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Washington, D.C.

August 23, 2005

John P. Torres, Acting Director, Office of Detention and Removal Operations,
Immigration and Customs Enforcement
American Bar Association Delegation to the Passaic County Jail 1
b6
Associate Director, Commission on Immigration
Report Regarding Implementation of ICE Detention Standards
at the Passaic County Jail

To:
From:
Copies to:
Subject:

This memorandum summarizes information gathered at the Passaic County Jail (the
“Jail,” “facility” or “PCJ”) and evaluates the facility’s implementation of Immigration and
Customs Enforcement (“ICE”) Detention Standards (the “Detention Standards”). The
information was obtained via observation and through interviews with immigration detainees,
PCJ correctional officers, and ICE personnel during the delegation’s August 1, 2005 tour of the
Jail.
I.

INTRODUCTION
A.

ICE Detention Standards

In November 2002, the Immigration and Naturalization Service (INS), 2 the predecessor
to the United States Immigration and Customs Enforcement (ICE), promulgated a set of
Detention Standards to ensure the “safe, secure and humane treatment” of immigration detainees.
The thirty-eight standards contained in the Detention Operations Manual cover a broad spectrum
of issues ranging from visitation policies to grievance procedures to legal access. These

1

The delegation was composed of the following attorneys and summer associates from Latham & Watkins
b6
b6
b6
b6
LLP:
,
and
b6
b6
b6

2

Effective March 1, 2003, the immigration enforcement functions which previously had been handled by
INS were transferred to Immigration and Customs Enforcement (“ICE”), a division of the newly created
Department of Homeland Security.

NJ\110711.3

standards apply to ICE-operated detention centers and other facilities that house immigration
detainees pursuant to contracts or intergovernmental service agreements (“IGSA”). 3
The Detention Standards constitute a “floor” rather than a “ceiling” for treatment of
immigration detainees. In other words, they are designed to establish the minimum requirements
to which ICE must adhere at its facilities. Each Field Office or Officer-in-Charge has discretion
to promulgate polices and practices affording ICE detainees enhanced rights and protections,
above and beyond those provided for by the Detention Standards.
The Detention Standards became effective at ICE-operated detention facilities on January
1, 2001. ICE intended to phase in the Detention Standards at all of its contract and IGSA
facilities by December 21, 2001.
B.

The Delegation’s Visit to Passaic County Jail

On Monday, August 1, 2005, the members of our delegation traveled to Paterson, New
Jersey, to tour the Passaic County Jail. Upon our arrival, we were greeted by Lieutenant b6, b7C
b6, b7C
b6, b7C (ICE), Captain
b6, b7C
(PCJ), and Detective
(PCJ), who
b6, b7C
accompanied us on the tour. We were also met by Officer
who accompanied us for
part of the tour.
Upon entry, we immediately began touring the facility. We visited the female housing
unit, Program Services, the law library, the Office of the Ombudsman, the chapel, visiting rooms,
attorney conference rooms, the classification dorm, and the three different “cages” of male
dorms. We then toured the new medical wing, which is not yet in operation. Finally, we
interviewed three individual detainees regarding their experiences at the Jail. Throughout our
tour and while waiting for the detainees to be brought in for their interviews we were able to ask
general questions of the officers.
This report is a compilation of information gathered during discussions with ICE and PCJ
personnel, observations of the facility, and interviews with individual detainees. In some
instances, detainee reports were consistent with our observations and statements made by facility
personnel and, therefore, we were able to conclusively determine the extent to which PCJ policy
and procedures conformed to the Detention Standards. With regard to certain topics, however,
detainee reports and/or our observations conflicted with information provided by the officers. In
these situations we were not able to conclusively determine the extent of the Jail’s
implementation of the Detention Standards. These instances are noted below.
C.

General Information About the Passaic County Jail

The Passaic County Jail, opened in 1951, has an average daily population of over 2,000
individuals. The primary function of the Jail is to house prisoners committed to jail by county
municipal court judges and inmates remanded to the Jail by the Passaic County Superior Court.
However, pursuant to contracts with ICE and other government agencies, the Jail also houses
immigration detainees. According to Jail personnel, about three quarters of the detainees housed

3

www.ice.gov/graphics/dro/opsmanual/index.htm

2
NJ\110711.3

at PCJ have criminal records, although some have only committed minor offenses. Additionally,
according to Jail personnel, almost all PCJ detainees have already been housed elsewhere prior
to arriving at PCJ.
According to Lieutenant b6, b7C and Captain b6, b7C the Jail is at capacity, currently
housing about 220 immigration detainees, including approximately twenty-six females.
Immigration detainees are kept separate from the general population. Male and female detainees
are also kept separately, and the male detainees are placed in one of three “cages” based on a
three-level classification system. The housing consists of multiple bunk beds, with a television,
picnic tables, showers and toilets (the number varying for female and male housing). The
women’s housing was temperate the day we visited, as windows across the hall were open. The
men’s housing was quite warm – many detainees were wearing only their boxer shorts or boxer
shorts and tee-shirts. Although large fans had been placed in the hallway outside, ventilation
was still poor. The detainees, both male and female, eat in their housing quarters.
II.

IMPLEMENTATION OF LEGAL ACCESS STANDARDS
A.

Visitation

The Detention Standards provide that facilities holding ICE detainees should permit
visitations by legal representatives, family and friends of the detainees, the news media, and nongovernmental organizations (NGOs). 4
1.

Visitation by Attorneys

Access to legal representation is fundamental to due process and adequate procedures for
visits by legal representatives, legal assistants and consular officials is an important step in
securing the legal rights of detainees. According to the Detention Standards, legal visitations
should be allowed seven days a week for a minimum of eight hours on weekdays, and four hours
on weekends and holidays. 5 In our opinion, the Jail has generally effectively implemented
this section of the Detention Standards.
According to the PCJ Inmate Handbook (the “Handbook”), attorney visits are granted
without notice during regular visiting hours and upon special request. 6 Attorneys may visit their
clients seven days a week, both during and after normal visiting hours. The PCJ officials said
the Jail tries to be as flexible as possible to accommodate a detainee’s ability to meet with his or
her attorney. PCJ officials informed the delegation that scheduling of legal visits is flexible, and
legal visits are not limited to normal visiting hours. According to PCJ officials, there is also no
limit placed on the length or frequency of attorney visits. A yellow sign on the wall indicated
that morning conferences must conclude at 11 a.m., and afternoon conferences by 2:45 p.m., but
it is not known whether this rule is implemented, as PCJ officials stated that nothing curtails a
detainee’s access to his or her legal representative.

4

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

5

Id. at Section III.I.2.

6

PCJ Inmate Handbook at 13 (attached).

3
NJ\110711.3

For instance, when an attorney meeting overlaps with prison activities, the officials allow
the meeting to continue. Detainees may continue their meetings through official counts, meals or
recreation time. According to Captain b6, b7C if a detainee misses a meal, the officials attempt
to have a sack meal brought to the detainee. Alternatively, the meal is stored until the detainee
returns to his or her cell. However, if recreation time is missed, it is not made up later in the day.
One detainee’s comments were consistent with Captain b6, b7C on both counts. 7
The Handbook requires that, to meet with a client, attorneys must acquire an official ID
card issued by the Passaic County Sheriff’s Department Identification Bureau. 8 Such
identification cards are issued upon presentation of a bar card at the initial visit and are required
for all subsequent access. However, PCJ officers suggested that many visiting lawyers are
known to the staff and are able to gain access to their clients without obtaining such IDs.
There are thirteen conference rooms available for legal purposes (10 small, 1 large, and 2
video rooms). The visitation rooms satisfy the definition of “private” in the Detention Standards,
as the rooms allow the attorney to conduct a meeting with possible visible observation, but no
audio observation. 9 PCJ staff state that they cannot hear what is said between the detainee and
lawyer once the door is closed. Visiting attorneys and detainees are subject to pat-down searches
before and after visitations. 10 In accordance with the Detention Standards, PCJ staff do not
conduct strip searches unless they have reasonable suspicion that contraband has been
exchanged. PCJ officials stated they have had a real problem with attorneys bringing in
contraband, such as cigarettes. PCJ officials stated these rooms had phones which could be used
for translation services.
PCJ allows detainees to keep legal documents given to them “to a reasonable extent.”
This amount was described as equivalent to a stack of documents 3 – 4 inches thick. Because
there is limited storage space in the cell for personal belongings, PCJ officials said that anything
more must be placed in storage and is retrieved when requested by a detainee.
Upon arrival, detainees are given a handout regarding contact information for pro bono
attorneys. This information is also part of a file folder tied to the bars near the phone. The
information in the folder in the cell is available in English only.
2.

Visitation by Family and Friends

7

b6, b7C
See Summary of Interview with detainee
(hereinafter b6, b7C Summary”).
Mr. b6, b7C also confirmed he was generally given enough time with his lawyer, but complained that no
restroom breaks are permitted during attorney visits.

8

PCJ Inmate Handbook at 13.

9

Detention Operations Manual, ICE Detention Standards, Detainee Services Standard 17, Section III.I.9
(“Visits between legal service providers (or legal assistants) and an individual detainee are confidential and
shall not be subject to auditory supervision.”).

10

Id. at Section III.I.11 (SPCs/CDFs should normally subject detainees returning from legal visitations to patdown searches. Officers may, however, strip-search a detainee reasonably suspected of concealing
contraband of any kind.).

4
NJ\110711.3

ICE, through the Detention Standards, encourages visits by family and friends to
maintain detainee morale and family relations. In addition, visitations by the news media and
NGOs increase the level of transparency and better informs the public of detention operations. 11
The Detention Standards require that all detention facilities allow visitation and establish written
visitation procedures. 12 According to the Detention Standards, each facility should permit a
minimum of 30 minutes for visitations under normal conditions and is encouraged to offer more
generous limits when possible, especially for family members traveling significant distances. 13
Each facility, however, must operate within the constraints of its detainee population and
security concerns. 14 We believe that the Passaic County Jail implements this section of the
Detention Standards, but has established a system that can be confusing.
The visiting schedule is included in the Handbook. 15 Detainees, like the rest of the
inmate population, are provided certain days and hours for visitation according to the first letter
of their last name. For example, the Handbook visiting schedule for male detainees is reprinted
below:

Hour

Sunday

Monday

Tuesday

Wednesday Thursday

Friday

Saturday

7:30 –
9:00 a.m.

M

WXYZ

GH

S

B

NOPQR

A

9:30 –
10:30 a.m.

L

IJK

TUV

C

1:00 –
2:00 p.m.

R

A

WXYZ

A

LM

C

6:00 –
7:00 p.m.

S

B

LM

DEF

S

DEF

7:30 –
9:00 p.m.

T

C

NOPQ

GH

TUV

GH

9:00 –
10:00 p.m.

UV

DEF

R

IJK

WXYZ

IJK

NOPQ

B

This schedule can be confusing; one detainee interviewed noted that one of the officers in
the Ombudsman’s Office had to explain the visitation policy to his wife and family over the

11

Detention Operations Manual, ICE Detention Standards, Visitation, Detainee Services Standard 17, Section
I.

12

Id. at Section III.A.

13

Id. at Section III.H.1.

14

Id.

15

PCJ Inmate Handbook at 14.

5
NJ\110711.3

phone. 16 When possible, the PCJ officials said that the schedules of individual visitors will be
accommodated, and they will not be restricted to these time blocks.
The Handbook establishes that detainees are entitled to “at least two non-contact visits
for a minimum of 15 minutes each per week depending on time and space availability.” 17 The
Handbook also provides that visitation periods can be extended as circumstances warrant. 18
Detective b6, b7C said visits with family and friends ideally last a minimum of twenty
minutes. However, when there is a backlog and the visiting schedule is crowded, they
acknowledged that this time can be cut short. PCJ staff did note that if space allowed for it, they
would allow visits to continue for an extended period of time. Captain b6, b7C also stated that,
if a visitor was traveling great distances or had other extenuating circumstances, he reviewed and
granted wherever possible special requests, such as permitting visits every day for five days.
One detainee noted that special accommodations were in fact made for him when his daughter
visited from Florida. However, he complained that his regular visits can often be as short as five
to ten minutes. 19 Another detainee complained that his visitors often were not accommodated
and visits never lasted more than twenty minutes, despite the fact that he has never seen the
visitors’ booths full. 20 However, we could not ascertain to what extent the detainee had
attempted to obtain a variance for his visitors.
PCJ does not allow any “contact” visits between detainees and their friends or family.
The only contact visits permitted are with attorneys or religious personnel. We were informed
this policy was for security purposes and to prevent the introduction of contraband into the
facility. All visits take place at one of the non-contact visitation booths. PCJ has many noncontact booths available, each with Plexiglas dividers and two phones for visitors to
communicate with the detainee.
The only requirement for visiting with a detainee is the presentation of a valid photo
identification. The PCJ officials said anyone is permitted to visit a detainee and no pre-approved
list, announcement of visit, or forms need to be completed. Captain b6, b7C did note that a
visitor with an outstanding warrant will be arrested. PCJ permits minors to visit the facility.
PCJ does not allow for visitation between different cell blocks, even for relatives,
because of security concerns. However, one PCJ staff member said that if two relatives were
being held in different cells, they could request a transfer to be housed together and, so long as
their was no security risk, it would likely be granted.
Detainees are permitted to maintain personal accounts (J-Pay) in which visitors may
deposit money for use at the commissary. Money may be deposited into these accounts either in
person at the front entrance, by mail, or electronically. Money earned through the volunteer
work program is also deposited in these accounts.
16

See Summary of Interview with detainee

17

PCJ Inmate Handbook at 14.

18

Id.

19

See

20

See

b6, b7C
b6, b7C

b6, b7C

Summary.
Summary.

6
NJ\110711.3

(hereinafter

b6, b7C

Summary”).

B.

Telephone Access

The Detention Standards require that facilities holding ICE detainees permit reasonable
and equitable access to telephones. 21 To meet this requirement, facilities must provide written
telephone access rules to each detainee upon admittance and at least one telephone for every 25
detainees. 22 Passaic County Jail has not fully implemented the telephone access standards.
During our tour of the facility, we observed that detainees have constant access to
payphones in their “cages,” and the ratio of detainees to phones meets the minimum standards
required. 23 Each male cell had four payphones in it to service the fifty-eight male detainees in
the cell (1 for every 14.5). The female detainees had three phones for use between 13 detainees
(1 for every 4.3). These phones are active twenty-four hours a day, except during shipment,
when all phones in the facility are deactivated for security purposes. Instructions for use of the
payphones are posted next to phones in both Spanish and English.
One major problem with telephones is a lack of privacy. The only options for
phones are the ones located in the corner of the cell or in the Office of the Ombudsman. 24
Therefore, all calls occur in front of officers and/or fellow detainees. The Ombudsman’s office
is a small, crowded room with a number of PCJ officials consistently present, and the “private”
phone is in the middle of that open office. We were told that it was impossible to clear the room
to allow for a truly private conversation between detainee and attorney. 25 To make such a call,
detainees fill out “call request” slips, which Corporal b6, b7C 26 said were picked up daily.
However, one detainee reported that such a request could take up to 10 days to be fulfilled. 27
Other problems detainees discussed include the cost of phone calls and the inability to
make collect calls. Though calling cards are available in the commissary, one detainee said that
most people prefer to call collect because of the high cost of the calling cards. 28 He said that the
cost to call to New York is $4.89 for the first minute and $0.89 for each additional minute.29
PCJ officials noted there had been several complaints regarding collect calls which were either
blocked or denied by the phone company, but blamed this on the failure of call recipients to pay
21

Detention Operations Manual, ICE Detention Standards, Detainee Services Standard 16, Sections I & III.A.

22

Id. at Sections III.B & C.

23

Id. at Section III.C (requiring 1 phone for every 25 detainees).

24

Observations of delegation member

25

One of the officers in the Ombudsman’s Office noted that PCJ was trying to set up a separate room on the
third floor to allow for more privacy, but it was still in process.

26

Corporal

27

See Summary of Interview with detainee
Summary”).

28

For instance, Mr. b6, b7C stated that he has spent over $4,000 calling his family in New York City in the six
months he has been detained at the facility. See Evans Summary.

29

See b6, b7C Summary. Another detainee told us that the price was $4.95/first minute and $0.89/subsequent
minutes outside of New Jersey and about $1.25/first minute and $0.15-.17/subsequent minute inside New
Jersey. See b6, b7C Summary. Captain b6, b7C and Mr. b6, b7C said that most of the detainees are from
NY.

b6, b7C

b6

is the primary contact for the detainees in the Ombudsman’s Office.
b6, b7C

7
NJ\110711.3

(hereinafter “

b6, b7C

their bills. One detainee disputed this. 30 Also, the phones do not accept incoming calls. This
combination of high calling card rates, inability to receive incoming calls, and blockage of many
collect calls presents a significant barrier to practical access to the phones.
The ICE standards also require that the detainees have access to their consulate through
pre-programmed numbers. During the tour a detainee complained to a PCJ official that the
connections to his consulate did not work. The detainee noted that other detainees had
experienced similar problems. Captain b6, b7C stated that the problem may be the consulate's
failure to answer its phones. He agreed to order a check on the Jail’s technology.
PCJ officials, and a detainee that was recently transferred to PCJ, reported that, upon
arrival, detainees are permitted to make a free phone call to their family or attorney, informing
them of the detainee’s new location. Since security precautions make it impossible to notify
family before a transfer, the Ombudsman Office makes a point of collecting new arrivals from
the “Classification Dorm” and taking them to the office for a private call. Corporal b6, b7C of
the Ombudsman’s staff told us that the general policy was to allow detainees to place their
private call with a one-minute time limit and then await a return call from the family or attorney,
so that the outside party is paying the fee. However, the initial call notifying family of the
transfer is paid for by the government. One detainee confirmed this and stated this initial call
lasted 15 to 20 minutes. 31
The phones in the cell do not accept pre-programmed numbers for pro bono attorneys.
Detainees must rely on collect calls or calling cards. 32 Corporal b6, b7C said that all detainees
are given one free call when they arrive to notify their family and/or attorney of their location.
He also noted that the Office knows how much money each detainee has in his or her account
and, if they have money, they are to use it. The Office does keep a call log.
There appear to be no pre-programmed phones for calling the local immigration court or
the Board of Immigration Appeals or to consular offices as laid out in the Detention Standards. 33
We asked both Captain b6, b7C and an officer in the Ombudsman’s Office and were told that
the phones in the cells or in the office were the only ones available to detainees. However, there
were phones in each of the attorney visitation rooms for use during detainee meetings, which
could be used to reach certain facilities. There are also new phones in each of the medical
isolation cells in the new medical wing.
Notices on the wall, in both Spanish and English, explain how to operate the phone
system. 34 In addition, a packet of information is given to all new arrivals that contains contact
information for pro bono attorneys and foreign consulates. These consular codes and

30

See

31

Id.

32

Notes of delegation participant
detainee b6, b7C

33

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

34

While these notices were missing from one of the women’s “cages,” Captain
been taken down to have the wall painted and would be replaced shortly.

b6, b7C

Summary.

b6

based on conversations with Detective

8
NJ\110711.3

b6, b7C

b6, b7C

and

stated that they had

instructions are provided in both languages. These papers are also available in a file folder tied
to the bars near the phones.
Representatives of the Ombudsman’s staff, including Corporal b6, b7C , stated that
emergency call messages are delivered, and detainees are taken to the office as soon as
practicable to return the call. However, they said no other messages were delivered because they
were not “an answering service.” This is in contravention of the Detention Standards.
PCJ employs an on-site Information Technology Department which is responsible for
handling technology problems with the phone system. Once detainees notify PCJ staff of a
problem, these individuals are called to address the situation.
C.

Access to Legal Materials

The Detention Standards require that all detention facilities shall permit detainees access
to a law library. The facilities also must provide legal materials, equipment, document copying
privileges, and the opportunity to prepare legal documents. 35
The Passaic County Jail has successfully implemented some sections of the
Detention Standards regarding access to legal materials. However, it has failed to
implement several other sections of this Detention Standard, which the delegation believes
prevents detainees from having meaningful access to legal materials.
1.

Access to the Library

The Detention Standards require that a detention facility devise a flexible schedule to
permit all detainees, regardless of housing or classification, to use the law library on a regular
basis for a minimum of five hours per week. 36 Law library hours are to be scheduled between
official counts, meals, and other detention functions. 37
PCJ policies theoretically implement this section of the Detention Standards. However,
the reality of detainee access to the law library remains a concern. The Handbook permits
detainees to use the law library if they submit a written request to Program Services for
scheduling. 38 Program Services then allocates the use of the law library based on the level of
demand expressed by the detainees. Captain b6, b7C said that detainees are permitted 2-hour
visits, 2-3 times per week. They can ask for extended hours, which are usually granted. He also
said the library has new LexisNexis software which is updated by ICE. In contrast, one
detainee reported that detainees often submit several requests before receiving library time
and do not get their full allotment of time, in contradiction of the Detention Standards. 39
2.

Library Conditions

35

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

36

Id. at Section III.G.

37

Id.

38

PCJ Inmate Handbook at 21.

39

See

b6, b7C

Summary.

9
NJ\110711.3

The Detention Standards state that each detention 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 that is reasonably
isolated from noisy areas. 40
The PCJ facility has implemented this section of the Detention Standards. Although
our delegation was not actually permitted to enter the library, we were allowed to look in from
the doorway as Captain b6, b7C talked with a law clerk and other detainees. From what could
be seen, it appeared the law library is well-lit and reasonably isolated from noisy, high-traffic
areas that might interfere with research and writing. It appeared to be large enough to
accommodate approximately 10 people, with several large tables and chairs.
3.

Materials Identified in the Detention Standards

The Detention Standards require all law libraries to contain the legal materials listed in
Attachment A to the chapter on Access to Legal Material. 41 The Detention Standards require
that these legal materials also be updated regularly. More specifically, the detention facility must
add information on significant regulatory and statutory changes regarding the detention and
deportation of aliens in a timely manner. 42 Furthermore, stolen or damaged materials must be
prompted replaced by the facility. 43 The Detention Standards require that the facility post a list
of holdings in the law library and designate an employee responsible for updating materials,
inspecting them weekly, and maintaining them in good working order.44
The PCJ does not meet all of the provisions of this section of the Detention
Standards. No list of the library’s holdings was evident. Upon request, Captain b6, b7C told
us that he would have to have a list compiled to be sent to our delegation. As promised, about
one week after our visit, Captain b6, b7C faxed us a list of the library’s holdings. The list
looked as if it had been prepared pursuant to our request.
The library’s print material is apparently lacking some major sources
recommended by the ICE standards. 45 According to the list faxed by PCJ, the library’s print
materials lacked some of the basic treatises on Immigration and the rights of prisoners, lacked
the Federal Civil Judicial Procedure and Rules, and lacked any translation dictionaries. The only
dictionary in the library is Ballantines Law dictionary. The Handbook and orientation materials
were not available, telephone books were not available, and no self-help books were listed. A
significant amount of material is listed as available on the LexisNexis system. However, access
to this material requires significant computer literacy, knowledge of English, and access to one
40

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

41

Id. at Section III.C.

42

Id. at Section III.D-F.

43

Id. at Section III.F.

44

Id. at Section III.C.

45

Comparison of the list of library holdings to the ICE required library list was somewhat hindered by the
lack of authors and the lack of familiarity of the law clerk with standard title notation. A few of the titles
assumed absent may therefore actually be in the library or available in a different form.

10
NJ\110711.3

of the five computers. The delegation could not assess the condition of the print materials in the
library from its vantage point in the doorway.
According to the Handbook, updates of the library material are performed on the first two
sessions on the second Wednesday of every month, during which the library is closed. 46 At the
time of the visit we were told that the books are updated by the law clerks, who are also
responsible for requesting books that are not available. The record of the update is kept by hand
in a hardbound journal. The last two months of updates indicated only updates to the West
Digest. While a PCJ employee photocopied the last two months of updates for the delegation,
Captain b6, b7C did not turn them over to the delegation. It is unclear whether the updating
procedure for PCJ is sufficient to adequately update the required legal materials for detainees.
ICE updates to Lexis are performed by ICE personnel, and no record of those updates is kept by
PCJ.
The view from the doorway indicates that the only book storage areas were bookcases on
the top half of the walls, as well as a small cart in the corner. The bookcases on the walls were
largely filled with old copies of the West Digest.
4.

Computer Access, Equipment and Holdings

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. 47
It appears that the facility generally meets this section of the Detention Standards.
PCJ personnel claimed that the library is equipped with five computers which have Lexis
software and that the software is regularly updated by ICE. We were not able to check the status
of the computers, although several appeared operational. A detainee who works as a law clerk in
the library confirmed that the computers are new, but stated that no information can be saved so
it is difficult to use them effectively.48 The law library is closed the first two sessions on the
second Wednesday of every month so that computer maintenance can be completed. 49
The Handbook states that inmates shall have access to “legal supplies and material for
preparing legal papers, such as writing paper, carbon paper, reproduction equipment, and mailing
envelopes.” 50 We were told that equipment is available for free to ICE detainees, though one
detainee expressed difficulty in getting supplies. 51 Detective b6, b7C stated that ICE detainees
can print free of charge to the printers in the office across the hall “within reason,” and that

46

PCJ Inmate Handbook at 22.

47

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

48

See

49

PCJ Inmate Handbook at 22.

50

Id.

51

See b6, b7C Summary (stating that only 400-500 sheets of paper were provided for the entire population
each week).

b6, b7C

Summary.

11
NJ\110711.3

detainees’ material is delivered to them in their cell. Captain
complained that material sometimes was not delivered.
5.

b6, b7C

stated that detainees

Photocopies

The Detention Standards require that each facility shall ensure that detainees can obtain
photocopies of legal materials, when such copies are reasonable and necessary for legal
proceedings involving the detainee. 52 The facility must provide enough copies so that a detainee
can fulfill court procedural rules and retain a copy for his records. 53 Additionally, facility
personnel are prohibited from reading documents that on its face is clearly related to a legal
proceeding involving the detainee. 54
The PCJ appears to satisfy this section of the Detention Standards. To make copies
of their legal materials, detainees must complete a “Please Give” slip for the staff of Program
Services, who will then attach the slip to the legal materials and forward it to the Ombudsman’s
Office for processing. 55 The cost for photocopying and/or printing legal materials is 10 cents per
page, 56 however, which is prohibitive to an indigent detainee. There is no maximum amount of
copies for legal materials for detainees.57
Detective b6, b7C said that detainees can make photocopies free of charge “within
reason” in the office across from the library. One detainee 58 who works as a law clerk in the
library stated that it can take many weeks for copies to be made, so people end up just pulling out
the pages that they want.
6.

Correspondence and Other Mail

The Detention Standards require that detainees be permitted to send and receive
correspondence in a timely manner, subject to limitations required for the safety, security, and
orderly operation of the facility. 59 General detainee correspondence shall be opened and
inspected in the presence of the detainee, but may be opened and even read outside the presence
of the detainee when security considerations so require. 60 Special correspondence—which
includes all written communication to or from attorneys, legal representatives, judges, courts,
government officials, and the news media—is treated differently by the facility. 61 Incoming
special correspondence can be inspected for contraband only in the presence of the detainee, but
52

Detention Operations Manual, ICE Detention Standards, Detainee Services Standard I, Section III.J.

53

Id.

54

Id. at Section III.J.

55

PCJ Inmate Handbook at 22.

56

Id.

57

Id.

58

See

59

Detention Operations Manual, ICE Detention Standards, Detainee Services Standard 4, Section I.

60

Id. at Sections III. B. & E.

61

Id. at Sections III.B., E., & F.

b6, b7C

Summary.

12
NJ\110711.3

it can never be read or copied by the facility. 62 Outgoing special correspondence cannot be
inspected, opened, or read. 63
PCJ officials stated that pickup and delivery of mail occurs on a daily basis for detainees
and that every effort is made to process the mail as quickly as possible. The Handbook states
that mail will be delivered within 24 hours after it is received. 64 Detective b6, b7C stated that
all mail is opened and inspected in front of detainees and they are given all contents and the
return address from the envelope. Detective b6, b7C also reported that no outgoing mail is
opened or inspected. According to Captain b6, b7C indigent detainees are provided with free
legal mail and are given the opportunity to send some free personal mail. Captain b6, b7C said
that paper and envelopes are provided. One detainee expressed concern about a lag in mail
delivery, noting that his sister mailed a letter from Brooklyn one week earlier, and he had not yet
received it. 65
D.

Group Rights Presentations

The Detention Standards require that facilities shall permit authorized persons to make
presentations to groups of detainees for the purpose of informing them about U.S. immigration
law and procedures consistent with the security and orderly operation of the ICE facility. 66
PCJ appears to satisfy this section of the Detention Standards, although there do not
seem to be many presentations currently at PCJ. Personnel at PCJ stated that “Know Your
Rights” presentations have been conducted at the facility, and the groups generally ask for the
new detainees only. Captain b6, b7C commented that pro bono groups have not been turned
down, and in his opinion, did not ask to come to PCJ often enough.
PCJ personnel identified a TV in a corridor of the Jail as the machine on which detainees
were shown the ICE video. Conditions in the corridor were noisy, with no place to sit.
Detective b6, b7C noted that these presentations occurred only when outside groups contacted
the Jail to request the opportunity. One detainee stated that there are no group presentations
b6
now; he said that
group [The Legal Aid Society in New York] had done them,
b6
but that he had not seen Mr.
group there in a long time. 67
III.

OTHER PROVISIONS OF THE ICE DETENTION STANDARDS
A.

Site-Specific Detainee Handbook

62

Id. at Sections III.B. & E.

63

Id. at Sections III.B. & F.

64

PCJ Handbook at 12.

65

See

66

Detention Operations Manual, ICE Detention Standards, Detainee Services Standard 9, Section I.

67

See b6, b7C Summary; see also b6, b7C Summary (Mr b6, b7C reported that he may have seen a video when
he was processed in New York, but it was loud in the room and difficult to hear. He does not recall seeing
any video at PCJ).

b6, b7C

Summary.

13
NJ\110711.3

The Detention Standards require that all detention facilities provide their immigration
detainees with a site-specific handbook. 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.” 68 The handbook
must be translated into Spanish, and, if appropriate, into the next most-prevalent language(s)
among the facility’s detainees. 69 All detainees are to receive a copy of the handbook upon
admission to the facility. 70
The PCJ has an “Inmate Handbook” which is available in English and Spanish. The
Handbook is supposed to be provided to all detainees, however the office was out of the Spanish
version at the time of our visit. 71 One detainee who had been at the Jail for ten days indicated
that he had received a Handbook. 72 The delegation has some serious concerns about the
Handbook. The Handbook is intended for all inmates at the Jail and therefore fails to address
concerns specific to immigration detainees, specifically, no information about ICE is included.
Additionally, there are no provisions for communicating the information in the Handbook to the
immigrant detainees who either do not speak English or Spanish or do not read. Finally, it
appears that some parts of the Handbook are at odds with the reality of policies and practices.
For instance, the Handbook states that detainees shall be given the opportunity to participate in
at least one hour of exercise/recreation each day, but detainees interviewed indicate this is not the
case (see discussion below).
B.

Recreation

The Detention Standards require that all facilities provide detainees with access to
recreational programs and activities, under conditions of security and supervision that protect
their safety and welfare. 73 Access should be a minimum of five days a week for an hour a day. 74
Every effort should be made to provide outdoor recreation facilities, but lacking such, the
recreation room must be large, with exercise equipment and “access to sunlight.” 75 All facilities
shall also have an individual responsible for the development and oversight of the recreation
program. 76 According to the Detention Standards, exercise areas should offer a variety of fixed
and movable equipment and cardiovascular exercise should be available to detainees for whom
recreation is unavailable. 77

68

Detention Operations Manual, ICE Detention Standards, Detainee Services Standard 6, Section I.

69

Id. at Section III.E.

70

Id. at Section I.

71

Notes of delegation member

72

See

73

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

74

Id. at Section III.B.1.

75

Id. at Section III.A.1.

76

Id. at Section III.F.

77

Id. at Section III.G.1 & 2.

b6, b7C

b6

based on conversation with Corporal

Summary.

14
NJ\110711.3

b6, b7C

The PCJ fails to meet, in large part, the Detention Standards regarding recreational
programs and activities. PCJ has one indoor weight room and two outdoor rooftop recreation
b6, b7C
areas for the entire Jail population. Detective
said there are tables within each of the
detainees’ “cages” where they can watch television or engage in other sedentary activities such
as playing cards and board games, provided they have formally requested such games from the
guards. He stated that there is a recreation specialist present at the prison, and that while he does
not tailor program activities and offerings specifically to the detainee population, he does
supervise detainees engaged in recreation activities.
Captain b6, b7C and Detective b6, b7C stated that detainees are provided at least one
hour of exercise/recreation per day, seven days per week, which exceeds the ICE standards. This
is also stated in the Handbook. 78 Officers referred to a fixed “recreation rotation” whereby
prisoners spend five days of the week using outdoor facilities and the remaining two using the
indoor weight room. For instance, the weekly recreation schedule for the “Grand Street Rooftop
Gym” appears below: 79
Grand Street Roof Gym
Time

Sunday

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

[ ] – 8:30
AM
[ ] – 9:45
AM
[ ]–[ ]
[ ]
[ ] – 2:00
PM
[ ] – 3:15
PM
[ ] – 4:30
PM

4G1
4 Mar Aux
4G2 & 4G3

3G1 & 3G2

2G3 & 2G4

3G3 & 3G4

3G1 & 3G2

3G3 & 3G4

4G2 & 4G3

2G1 & 2G2

3G3 & 3G4

2G1 & 2G2

2G3 & 2G4

2G1 & 2G2

2G3 & 2G4

2G3 & 2G4

4G2 & 4G3

3G1 & 3G2

3G1 & 3G2

4G1
4 Mar aux

2G1 & 2G2

4G1
4 Mar aux

4G1
4 Mar aux
4G2 & 4G3

4G1
4 Mar aux
2G1 & 2G2
2G3 & 2G4

3G3 & 3G4

Basement

Grand Street
Females

[ ] – 7:00
PM
[ ] – 8:15
PM

3G3 & 3G4

2 Men Cells

Grand
Street
Females
4-1 & 4-2

2 Men Cells

Basement

4G2 & 4G3

4-1 & 4-2

4-3, 4-4 &
4-5-Annex

3 Men Cells

4-3, 4-4 &
4-5-Annex

3 Men Cells

[ ] – 9:30
PM

Grand
Street
Females
4G4

[ ] – 10:45
PM
[ ] pm to
[ ] am

3G1 & 3G2

Basement

Basement

3 Men Cells

4-3, 4-3 &
4-5-Annex
Grand
Street
Females

4-3, 4-4 &
4-5-Annex
1-2

1-2

4G4

4G4

4G4

Grand Street
Females

1-2

Kit/WS & 1-1

Kit/WS & 1-1

Kit/WS & 1-1

Kit/WS & 1-1

4G4

Kit/WS & 1-1

[ ] advised that NO CHANGES are authorized on this schedule unless Administratively approved. There will be [ ]
alterations. Be sure to check for “Keep Separates” on all movements. The assigned gym officer must report [ ]cellations in
writing to the Tour Commander

However, detainees indicate that recreation is rarely available for the frequency
required by the ICE detention standards. Despite the statements of the officers at the Jail,
only one detainee stated he had received the required recreation time of one hour per day, seven
78

PCJ Handbook at 25.

79

This chart was included with the stapled materials provided by Corporal
illegible on the provided copy is noted by empty brackets.

15
NJ\110711.3

b6, b7C

Information that was

days a week. 80 Two other detainees reported that they receive far less recreation than is required
by ICE standards. 81 One detainee reported that he was allowed access to both the outdoor
recreation area and the indoor weight room for forty-five minutes twice a week, and that
sometimes several weeks would go by with no recreation at all. 82 Another stated that he did not
receive daily recreation, but “only maybe 4 times a week…but not every day.” 83 No detainees
complained about the operational status or conditions of the recreation equipment.
Also, Captain b6, b7C acknowledged that inclement weather results in no recreation for
inmates scheduled for the outdoors sessions, and such cancellations do not result in rescheduling
for the weight room due to lack of space. 84 According to Captain b6, b7C and Detective
b6, b7C
recreation privileges are only revoked if and when a detainee’s behavior threatens the
security of the detainee or those around him/her. Prisoners in SDU (Special Disciplinary Unit)
receive only five days of recreation. Finally, as noted above, detainees visiting with their
attorney are not granted make-up recreation time.
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. 85 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. 86 For a facility of over 2000 detainees, a minimum of five days
per week is required. 87 Facilities must also have procedures in place to provide emergency
medical care for detainees who require it. 88 With respect to emergency care, the Detention
Standards state that in a situation in which a detention officer is uncertain whether a detainee
requires emergency medical care, the officer should immediately contact a health care provider
or an on-duty supervisor. 89 If a detainee is diagnosed as having a medical or psychiatric
condition requiring special attention (e.g., special diet), the medical care provider is required to
notify the Officer-in-Charge in writing. 90
The Passaic County Jail has a medical facility on-site staffed by nurses 24 hours a day. 91
We did not tour the current medical facility, but toured the new one, currently under
80

See

b6, b7C

81

See

b6, b7C

82

See

83

See b6, b7C Summary. It should be noted that this detainee also participates in voluntary work as a law
library clerk, and it is not known whether his work hours conflict with scheduled recreation times.

84

Captain

85

Detention Operations Manual, ICE Detention Standards, Health Services Standard 2, Section I.

86

Id.

87

Id.

88

Id. at Section III.A, D. and G.

89

Id. at Section III.H.

90

Id. at Section III.J.

91

PCJ Inmate Handbook at 19.

b6, b7C

Summary.
and

b6, b7C

Summaries.

Summary.

b6, b7C

stated that PCJ has been considering enclosing the rooftop gyms.

16
NJ\110711.3

construction. 92 This new facility has a waiting room and video surveillance. It has
approximately 3 treatment rooms, as well as a nursing station. We were told that, in this facility,
the medical records will be computerized, and pharmaceuticals will be stored in a locked room.
According to Captain b6, b7C there are two full-time nurse practitioners and a doctor
who is “in and out.” Additionally, PCJ officials said that there was a psychiatrist and
psychologist that kept regular and emergency hours, and that an x-ray technician came in during
the week. In addition to the twenty-four hour nursing staff, the prison has officers trained as
EMTs. According to Captain b6, b7C the officers also receive sixteen weeks of basic EMT
training in the academy. Detective b6, b7C said that first aid supplies are also available in
each “cage.” Additionally, PCJ shares a wing at St. Mary’s with some other correctional
facilities, and detainees are taken there whenever necessary.
Detective b6, b7C stated that nurses were at the nurse’s station except when making
daily rounds in the cellblocks. PCJ personnel stated that the nurses made rounds three times per
day to give medications and take complaints. The Handbook says that sick call is usually held
Monday through Friday during the morning hours. 93 According to the Handbook, “Those
inmates who properly completed a request slip will be scheduled accordingly.” 94 PCJ officials
indicated that detainees in need of special drug schedules are brought to the medical facility,
where drugs are administered at the necessary times. According to PCJ officials, prison inmates
and detainees are mixed in the medical facility, as needs dictate. During the tour, one detainee
complained to Captain b6, b7C that he had requested medical care for two weeks, but to no
avail. Captain b6, b7C asked a PCJ official to follow up on the complaint, and the official
reported back that the nurse had just made rounds and no complaint was made by the detainee.
Detective b6, b7C stated that PCJ does not take ICE detainees with suicide potential.
He said the officers are trained to spot signs of suicidal ideation and that PCJ will send such
detainees back to ICE.
The delegation has serious concerns about PCJ’s implementation of the medical
access Detention Standards. Detainees interviewed complained about slow access to care, lack
of medicine, improper provision of medicine, and problems addressing psychological problems.
According to one detainee, medical treatment is slow and inattentive. He stated that when he hurt
his knee, he was not able to see a doctor for two weeks. Additionally, he complained that the
nurses came each day, but not on a regular schedule and not when necessary to deliver scheduled
medication or be effective. He said the doctor was there only one or two times each week, and
that the nurses would not “do anything” until the detainee had seen the doctor. This detainee
said that there was no standard pattern in which the medications were given out, noting instances
where the timing between insulin shots for diabetics and provision of food were inappropriate.
The detainee stated that, although he does receive a “special diet,” it is not appropriate for his
ailments. He also cited problems with receiving medications. He said that he is on three
different medications, and that most weeks he misses at least one of them because the medicine

92

Captain

93

PCJ Inmate Handbook at 19.

94

Id.

b6, b7C

said that the new facility would open in about one week.

17
NJ\110711.3

runs out and there is no substitute. He said once he missed his medication for two weeks for this
reason. 95
Another diabetic detainee also complained about the medical care at the Jail. He stated
that he often receives food that is inappropriate for a diabetic. He stated that Motrin is
distributed as a panacea for practically all ailments. He complained of a time where it took the
Jail three months to rectify a health problem: he had fluid leaking from his eyes due to his
diabetes. Additionally, he complained of a circumstance in which dogs walked within a few
inches of his legs as he sat in the medical ward. 96
The Handbook calls for mental health screening to determine whether detainees are
mentally ill or retarded. 97 The Handbook also says that a psychologist will be on duty at least
five days a week, and that a psychiatrist is on call 24 hours a day, seven days a week. 98 Captain
b6, b7C
said that both a psychiatrist and psychologist come in “on a regular basis,” though he
could not say how often, and that they were available for emergencies at all times. PCJ officials
also said that there were regular mental health screenings for detainees upon entrance to the
facility. However, one detainee complained that he received no screening when he arrived,
despite the fact that he arrived taking a medication for depression. 99
D.

Dental Treatment

The Detention Standards require detainees to have an initial dental screening exam within
14 days of the detainee’s arrival and require the facility to provide a number of services,
including emergency dental treatment and repair of prosthetic appliances. 100 For detainees who
are held in detention for over six months, routine dental treatment may be provided, including
amalgam and composite restorations, prophylaxis, root canals, extractions, x-rays, the repair and
adjustment of prosthetic appliances and other procedures required to maintain the detainee’s
health. 101
The PCJ appears to meet this standard. The Handbook says that dental care is
available, and that detainees must fill out the proper request slip to see the institution’s dentist. 102
Detective b6, b7C confirmed that dental care is provided on a request basis and covered “basic
items.” Additionally, team members noted a specific room for dental care in the new medical
facility.
E.

Detainee Classification

95

See

96

See b6, b7C Summary. PCJ officials stated that dogs are still used with the inmate population but not
deta

97

PCJ Inmate Handbook at 20.

98

Id.

99

See

100

Detention Operations Manual, ICE Detention Standards, Health Services Standard 2, Section III.E.

101

Id.

102

PCJ Inmate Handbook at 7.

b6, b7C

b6, b7C

Summary.

Summary.

18
NJ\110711.3

The Detention Standards require that detention facilities use a classification system and
physically separate detainees in different categories. 103 A detainee’s classification is to be
determined on “objective” criteria, including criminal offenses, escape attempts, institutional
disciplinary history, violent incidents, etc. 104 Opinions, unconfirmed and unverified information,
and physical characteristics and appearance are not to be taken into account. 105 Classification is
required to separate detainees with no or minimal criminal records from detainees with serious
criminal records. 106 According to the Detention Standards:
By grouping detainees with comparable records together, and
isolating those at one classification level from all others, the
system reduces noncriminal and nonviolent detainees’ exposure to
physical and psychological danger.
***
When it becomes necessary to house detainees of different
classification levels the following guidelines shall be followed:
1.

Level three detainees will not be housed with level one
detainees.

2.

Levels one and two may be mixed, and high level twos and
level threes may be mixed, when a facility is at or above
full capacity.

3.

Under no circumstance will a level two detainee with a
history of assaultive or combative behavior be placed in a
level one housing unit. 107

Additionally, all facility classification systems shall allow classification levels to be redetermined and include procedures by which new arrivals can appeal their classification
levels. 108 Finally, the detainee handbook’s section on classification must include (1) an
explanation of the classification levels, with the conditions and restrictions applicable to each,
and (2) the procedures by which a detainee may appeal his classification. 109 Detainees
classification must be indicated by color coding of clothing and bracelets.
Based on information provided by PCJ personnel, the PCJ has implemented a
classification system. However, interviews with detainees, observations at the facility, and
103

Detention Operations Manual, ICE Detention Standards, Detainee Services Standard 3, Section I.

104

Id. at Section III.D.

105

Id.

106

Id. at Sections III.A & E.

107

Id. at Section III.E.

108

Id. at Sections III.G. & H.

109

Id. at Section III.I.

19
NJ\110711.3

a review of the Handbook indicate that the system does not meet the Standard. During the
tour, the delegation was told that the facility did use a classification system that consisted of
three levels. Level 1 was the classification for those prisoners who had the least severe criminal
records, whereas Level 3 would include anyone with previous murder or rape convictions,
among other things. Additionally, detainees are initially placed in a Classification holding area,
where they stay for a maximum of 72 hours, pending classification and medical approval. Prison
personnel examine each detainee and make “cage” assignments. Detainees who are unable to
“get along” in the main cells may also be placed in the “Classification Dorm.”
PCJ fails to adequately explain the classification system in the Handbook. The
Handbook does not explain the three classification levels, nor does it explain the procedures by
which a detainee may appeal his classification. The Handbook states that detainees will be
separated based on various factors, such as aggressive versus passive/dependent tendencies, only
when “possible.” 110 Also, all ICE detainees receive yellow bracelets, regardless of
categorization. There is no color coding implemented in bracelets or clothing, and no visible
method of determining the level of a detainee.
One detainee stated that he did not think there was any true classification system and was
quite concerned with the varied mix of backgrounds present in his cell. 111
F.

Voluntary Work Programs

The Detention Standards require all facilities with work programs to “provide detainees
the opportunity to work and earn money.” 112 Detainees who are physically and mentally able to
work must be provided the opportunity to participate in any voluntary work program. 113 As for
those detainees who are physically or mentally challenged, the Detention Standards require
facilities to allow those with less severe disabilities to have the opportunity to undertake
“appropriate work projects.” 114 Facilities cannot deny “work opportunities based on non-merit
factors, such as social group, race, religion, sex, physical or mental handicaps, or national
origin.” 115 The Detention Standards also state that detainees must receive monetary
compensation for work completed in accordance with the facility’s standard policy. 116
The PCJ has implemented this section of the Detention Standards. Captain b6, b7C
informed the delegation that detainees are provided with work opportunities such as cleaning the
day room, assisting with laundry services and feeding processes, or working as law library
clerks. 117 Pay for these services ranged from $5 to $14/week, depending on the activity. Salary

110

PCJ Inmate Handbook at 3.

111

See

112

Detention Operations Manual, ICE Detention Standards, Detainee Services Standard 18, Section I.

113

Id. at Section III.A.

114

Id. at Section III.G.

115

Id. at Section III.F.

116

Id. at Section III.K.

117

Id.

b6, b7C

Summary.

20
NJ\110711.3

is put directly into the detainee’s account and can be used at the commissary. According to one
officer, two ICE detainees were regular law clerks at the law library. It is not known how many
hours volunteers are expected to work, but Captain b6, b7C told us that the jobs are mostly of
“short duration.” No detainees complained about an inability to work at the prison or about the
conditions or procedures associated with the voluntary work program.
G.

Detainee Disciplinary Policy

The Detention Standards suggest that facility authorities “impose disciplinary sanctions
on any detainee whose behavior is not in compliance with facility rules and procedures” in order
“to provide a safe and orderly living environment.” 118 Each facility holding ICE detainees must
have a detainee disciplinary system which has “progressive levels of reviews, appeals,
procedures, and documentation procedures.” 119 Any disciplinary action must not be capricious
or retaliatory and the following sanctions may not be imposed: “corporal punishment; deviations
from normal food services; deprivation of clothing, bedding, or items of personal hygiene,
deprivation of correspondence privileges; or deprivation of physical exercise unless such activity
creates an unsafe condition.” 120 In addition, the Standards provide that all incident reports filed
by officers must be investigated within twenty-four hours of the incident. 121 An intermediate
level of investigation or adjudication must be established to adjudicate low or moderate
infractions. 122
The PCJ has not fully implemented this Standard. The Handbook includes a list of
rights of detainees and inmates, 123 but the list of rights does not include the “right to protection
from personal abuse, corporal punishment, unnecessary or excessive use of force, personal
injury, disease, property damage, and harassment.” 124 In addition, although the Handbook
includes a right to freedom of religious affiliation, it does not inform detainees of the “right of
freedom from discrimination based on race, religion, national origin, sex, handicap, or political
beliefs[.]” 125
The Handbook has a detailed set of guidelines that outline disciplinary policy. 126 The
policy contains the rights of detainees and inmates, responsibilities, prohibited acts, and a
schedule of sanctions for prohibited acts. 127 It states that, when a violation of a prohibited act

118

Detention Operations Manual, ICE Detention Standards, Security and Control Standard 5, Section I.

119

Id. at Section III.A.I.

120

Id. at Sections III.A.2 &3.

121

Id. at Section III.B. &C.

122

Id. at Section III.C.

123

PCJ Inmate Handbook at 27.

124

Detention Operations Manual, ICE Detention Standards, Security and Control Standard 5, Section III.A.5.

125

Id.

126

PCJ Inmate Handbook at 27-38.

127

Id. at 28-32.

21
NJ\110711.3

occurs, a staff member must prepare an incident report and forward it to a supervisor. 128 PCJ
officials told us that they try to resolve minor problems informally, but otherwise a report is
written by the officer on duty and a Sergeant investigates before it is sent to the Tour
Commander. The Tour Commander can change the report to an on-the-spot correction report or
forward it to the Disciplinary Hearing Board for further disposition. 129 As a notification of the
major violation charges, a copy of the disciplinary report must be served on the detainee or
detainee within 48 hours of the violation, absent exceptional circumstances, and at least 24 hours
prior to the disciplinary hearing. For major offenses, hearings are to take place before a hearing
officer or disciplinary Board consisting of an impartial three member panel, including one
custody supervisor, and two non-custody staff members. 130 Decisions of the Disciplinary Board
are to be made by a majority vote. 131
Detainees are entitled to a hearing within seven days of the alleged violation. 132 Anyone
in pre-hearing detention is entitled to a hearing within three days, and this time may later be
credited against any subsequent sentence. 133 Detainees are allowed to be present during the
hearing, and they will be provided by counsel substitute (staff or detainee) when it is determined
by the Disciplinary Board that the detainee is illiterate or cannot adequately collect and present
the evidence on his or her own behalf. 134 While Captain b6, b7C confirmed that this was the
process, a detainee (who is a law clerk) disputed that detainees were permitted to have law clerks
assist them at such hearings. 135 A detainee may call witnesses, make a statement and prevent
documentary evidence, and have the opportunity to confront/cross examine his or her accuser
and all adverse witness (unless it would cause security problems). 136 At the conclusion of the
hearing, the Disciplinary Board will issue a written decision. 137 PCJ officials noted that a
detainee might be re-classified based on a disciplinary problem, but that they do not have many
disciplinary problems given the small number of detainees.
At the conclusion of the hearing, the detainee is advised of his or her right to appeal the
decision to the Disciplinary Board, and given a written Notice to Inmates of Rights on Appeal.
All appeals are to be submitted to the Ombudsman within 48 hours of the hearing. The appeals
are reviewed by the Administration. The Administration may reduce, but not increase the
sanction imposed by the Hearing Board. 138

128

Id. at 32.

129

Id.

130

Id.

131

Id.

132

Id. at 33.

133

Id.

134

Id. at 34.

135

See

136

PCJ Inmate Handbook at 34.

137

Id. at 35.

138

Id. at 38.

b6, b7C

Summary.

22
NJ\110711.3

Captain b6, b7C stated that a Tour Commander can send a detainee to SDU for up to
three days before a hearing (if the incident occurs over the weekend), and that if an infraction is
found the detainee will be reclassified to another dorm. Detective b6, b7C informed us that, if
it is believed a detainee involved in a disciplinary infraction is mentally incompetent, an officer
can refer that person to medical personnel for evaluation.
H.

Detainee Grievance Procedures

The Detention Standards require that every facility develop and implement standard
procedures for handling detainee grievances and encourage that the facility initially seek to
resolve grievances informally before having to engage in a more formalized procedure. 139
Translating assistance for both formal and informal grievances must be provided upon request. 140
The Detention Standards also require that each facility establish a reasonable time limit for: (1)
“processing, investigating, and responding to grievances;” (2) “convening a grievance committee
to review formal complaints;” and (3) “providing written responses to detainees who filed formal
grievances, including the basis for the decision.” 141 All grievances must receive supervisory
review, include guarantees against reprisal, and allow for appeals. 142 Further, the Detention
Standards require that detainee handbooks provide an explanation of the grievance procedures,
including (1) the procedures for appealing decisions to ICE, and (2) the opportunity to file a
complaint about officer misconduct directly with the Department of Justice (including the
Department’s phone number and address). 143
The delegation has concerns regarding the facility’s implementation of this section
of the Detention Standards. The Handbook provides for an inmate grievance procedure, but
one detainee complained about grievances being ignored despite repeated submissions. 144
According to the staff in the Office of the Ombudsman, as well as other officers at PCJ, minor
complaints are often first addressed to the guards or officers in the cellblock. If the issue cannot
be resolved by the guards, the detainee may be brought to the Ombudsman Office to speak with a
member of the staff. Corporal b6, b7C stated that the Office provides grievance forms to the
detainees and assistance in completing the forms. Completed forms are passed to the
Ombudsman office and then sent to the Classification Committee for screening. Detainees sign a
form indicating agreement with, or lack of agreement with, the initial determination. Any appeal
is forwarded to the Administration. Any issue concerning ICE services is forwarded directly to
the ICE office in New York City. Detective b6, b7C said “emergency” grievances are
“controlled” by the floor supervisor, and then passed through the regular channels. Detective
b6, b7C
and others also stated that every grievance is processed, even if the detainee had a
history of filing “nuisance” grievances.

139

Detention Operations Manual, ICE Detention Standards, Detainee Services Standard 5, Sections I & III.A.

140

Id. at Sections III.A.1. & 2.

141

Id. at Section I.

142

Id. at Sections I. & III.C.

143

Id. at Section III.G.

144

See

b6, b7C

summary.

23
NJ\110711.3

The delegation was informed that the form signed after the initial resolution of the issue
indicated to the detainee that an appeal period was available. However, the form reviewed by the
delegation simply provides for the detainee to check “I disagree with the resolution and request
further administrative action.” 145
Despite the Handbook’s brief description of the policy, individual detainees did not think
that the process ran as stated. One detainee complained that the administration did not seem to
respond to grievances and estimated that only 10% of all grievances were answered. He also
stated that retaliation was a problem, but would not elaborate. 146
I.

Detainee Transfer

ICE frequently transfers detainees from one facility to another for a variety of reasons. 147
ICE takes into consideration whether the detainee is represented before immigration court. 148 In
these cases, Field Officer Directors consider the detainee’s stage within the removal process,
whether the attorney of record is located within a reasonable driving distance of the detention
facility, and where the immigration court proceedings are taking place. 149
When legal counsel represents a detainee and a G-28 has been filed, ICE will notify the
detainee’s representative of record that the detainee is being transferred from one location to
another. 150 For security reasons, the attorney will not be notified until the detainee is en route to
the new detention location. 151 The notification will include the reason for the transfer, along
with the name, address, and telephone number of the receiving facility. 152
For security purposes, specific plans and time schedules will never be discussed with the
detainees involved. 153 The detainee will not be notified about his or her transfer until
immediately prior to leaving the facility. 154 At that time, the detainee will be told that he or she
is being moved to a new facility within the United States, and not being deported. 155 After
notification, detainees are normally not allowed to make or receive any telephone calls or have

145

PCJ Inmate Grievance Form (see attached, provided by Corporal Gerena).

146

See

147

Detention Operations Manual, ICE Detention Standards, Security and Control Standard 4, Section I.

148

Id.

149

Id.

150

Id. at Section III.A.1.

151

Id.

152

Id.

153

Id. at Section III.A.3.

154

Id.

155

Id.

b6, b7C

Summary.

24
NJ\110711.3

contact with any detainee in the general population until the detainee reaches his or her final
destination. 156
At the time of the transfer, ICE will provide the detainee, in writing, with the name,
address, and telephone number of the facility he or she is being transferred to. 157 The detainee
will also be told that it is his or her responsibility to notify family members. 158 Before transfer to
another field office, several records must be completed including the Alien File, charging
documents, certified copies of convictions (if applicable), fingerprint cards, photographs,
medical records, and other transfer paperwork. 159 Finally, no transfer may take place without a
Form G-391 that authorizes the move.
When transferred, a detainee should be able to bring, “cash and small valuables such as
jewelry, address books, phone lists, correspondence, dentures, prescription glasses, small
religious items, pictures, etc.” with them. 160 A detainee’s legal material relating to Immigration
must always accompany them to the receiving facility. 161 Ordinarily, the detainee should have
these items in his or her possession, unless they are bulky or a security risk. 162 Before transfer,
the sending facility shall return all funds and small valuables to the detainee. 163 Upon arrival at
the new facility, indigent detainees will be authorized to make a single domestic phone call at the
Government’s expense. 164
The facility has not fully implemented this Standard. PCJ officials, including
Lieutenant b6, b7C stated that ICE makes the decisions about detainee transfers, and that it is “up
to the detainee” to notify his or her attorneys and family members. Captain b6, b7C and
Lieutenant b6, b7C stated that 4-7 days of medical supplies as well as the detainee’s paperwork
(including medical records) are transferred, too. Detective b6, b7C commented that very few
detainees are transferred from PCJ, as most are deported. Lieutenant b6, b7C stated that anything
the detainee has goes with him or her, unless ICE uses Marshals, who allow only certain items.
J.

Religious Services

The Detention Standards require that detainees of different religious beliefs be provided
with reasonable and equitable opportunities to participate in the practices of their respective
faiths. 165 According to the Detention Standards, these “opportunities will exist for all equally,

156

Id.

157

Id.

158

Id.

159

Id. at Section III.D.

160

Id. at Section III.E.1.

161

Id.

162

Id.

163

Id.

164

Id. at Section III.G.

165

Detention Operations Manual, ICE Detention Standards, Detainee Services Standard 14, Section I.

25
NJ\110711.3

regardless of the number of practitioners of a given religion, whether the religion is
‘mainstream,’ whether the religion is ‘Western’ or ‘Eastern,’ or other such factors. Opportunities
will be constrained only by concerns about safety, security, the orderly operation of the facility,
or extraordinary costs associated with a specific practice.”166 Moreover, a facility’s staff shall
make “all reasonable efforts to accommodate” special food services required by a detainee’s
particular religion. 167 Detainees in confinement must also be permitted to participate in religious
practices, consistent with the safety, security, and orderly operation of the facility. 168
The facility has only partially implemented this Standard. PCJ staff noted that was
special attention was paid to accommodating access to religious services, because current UnderSheriff b6, b7C was formerly the Chaplain of PCJ.
According to Captain b6, b7C detainees are permitted to keep religious texts in their
possession, including Bibles, Torahs and Korans. However, articles of religious clothing are
only permitted to be worn during the performance of religious services.
There is one room available for religious services. This space – the Chapel – is used for
all religious services, as well as group presentations and PCJ staff meetings. The Chapel
contains eighteen pews and an altar with a piano. The room was clean and very well airconditioned. Half of one wall was glass block and allowed some natural light into the room.
Private meetings or individual prayer may also occur in the Chaplain’s office. The staff
indicated that if outside religious officials were available to assist them, detainees were permitted
to use the Chaplain’s office for regular personal religious rites.
PCJ staff said that all religious dietary restrictions are honored and are recorded as part of
a detainee’s medical intake evaluation. Captain b6, b7C said that conflicts between the food
served and religious food restrictions are often handled “on-the-spot” by the duty supervisors to
ensure the fastest resolution of the problem.
According to PCJ personnel, services are provided from Thursday through Sunday, in
English and Spanish, as well as Hebrew. The offerings are based on requests and need. For
example, the religious services schedule provided for July 2005 is as follows: 169
7th month (July):
2nd week: July 8, 9, 10
1st session
4 main
4 marshall
nd
2 session
3 main (Exclude 3-2)

166

Id.

167

Id. at Section III.M.

168

Id. at Section III.O.

169

July 7, 2005 Memo from Warden
delegation by PCJ).

4 marshall Annex

b6, b7C

re: Religious Services Schedule (provided to the

26
NJ\110711.3

3rd week: July 15, 16, 17
1st session
3 Grand + 4G1+4G4
2nd session
Semi 1,2,3,4, 4G2+4G3, 3 capias 1+2
4th week: July 22, 23 24
1st session
Trustees (All) 2G1, 1-2
2nd session
Max 1+3, 3 men cells
5th week July 29, 30 31
1st session
Max 2+ 3-2
2nd session
2 Grand (Exclude 2G1)
2 men cells, max4, 2T4
The PCJ staff indicated that they rely on outside resources for a great deal of their
religious programming and provisions, and that religious personnel of various backgrounds (e.g.,
ministers, imams, rabbis) were available “around the clock.” They stated that specific requests
could be made through he Jail Chaplain, who was accessible all of the time, by filling out forms.
They also noted that requests for special items related to religion (such as food or figures) were
given to the religious personnel, and it was that personnel’s responsibility to arrange to meet the
requests.
One detainee expressed concern that fellow detainees were not consistently called to go
to their religious services and, therefore, missed out on attending. He further claimed that the
services given were so sporadic that he saw fit to start his own worship inside his dormitory
cell. 170
K.

Clothing and Personal Hygiene

The Detention Standards require regular exchange of clothing, bedding, linens and
towels. 171 At a minimum, underwear should be exchanged daily, outer garments should be
exchanged at least twice weekly and bedding, linens and towels should be exchanged at least
weekly. 172
The facility has apparently not fully implemented this Standard. Detainees and staff
alike indicated that the same outer garments are worn year round, but Captain b6, b7C stated
that during the colder months detainees are given jackets during their outdoor recreation time.
One detainee indicated that he had only been given one towel and one set of outer garments, so
170

See

171

Detention Operations Manual, ICE Detention Standards, Detainee Services Standard 10, Section III.A.

172

Id. at Section III.E.

b6, b7C

Summary.

27
NJ\110711.3

laundering was a problem. 173 Officers at the facility indicated that long underwear is available
for purchase at the commissary.
A detainee complained that the hygiene in the medical facility and living areas was bad.
He said that they are given ½ bottle of bleach to clean the bathroom area once a day, and if they
do not do it, they do not receive toilet paper. He also said that the razors received three times per
week were horrible in quality and that there was no mirror to use for shaving. 174
M.

Staff-Detainee Communication

The Standards require that procedures be in place “to allow for formal and informal
contact between key facility staff and ICE staff and ICE detainees and to permit detainees to
make written requests to ICE staff and receive an answer in an acceptable time frame.” 175 The
Standards require ICE personnel to conduct weekly scheduled and unannounced, unscheduled
visits, which are to be conducted by the ICE OIC, the Assistant OIC, and designated department
heads. 176 During the visits, the facility personnel should monitor housing conditions, interview
detainees, review records, and answer questions for detainees who do not comprehend the
immigration detainee process. 177 The Standards also require that detainees have the opportunity
to submit written questions, requests, or concerns to ICE staff, which “shall be delivered to ICE
staff by authorized personnel (not detainees) without reading, altering, or delay.” 178 All facilities
that house ICE detainees must have written procedures to handle detainee requests. 179
The PCJ has not implemented this Standard. Lieutenant b6, b7C stated that ICE staff
are present almost daily to speak with detainees. Corporal b6, b7C said that facility staff do not
take or give written messages on behalf of detainees, which contravenes the Detention
Standards’ requirement that detainees “have the opportunity to submit written questions,
requests, or concerns to ICE staff.” While complaints can be submitted in writing to an
Ombudsman, one detainee said they oftentimes receive no response. 180 It was also observed by
the delegation that many detainees approached Lt. b6, b7C to ask questions and request forms.
N.

Other

Detainees complained about miscellaneous things at the Jail. One detainee complained
that, having requested deportation to Jamaica, he was still in the Jail. 181 At least one detainee

173

See b6, b7C Summary. Mr. b6, b7C also complained that the shoes provided wear out after 1-2 days, and
PCJ takes a “long time” to replace them.

174

Id.

175

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

176

Id. at Section III.A.

177

Id.

178

Id. at Section III.B.

179

Id.

180

See

181

See

b6, b7C
b6, b7C

Summary.
Summary.

28
NJ\110711.3

KIN

complained of “random shakedowns.” 182 One detainee said that food, along with medical care
(see Section C above), were the biggest issues at the facility. He said his dog would not eat the
food, which was unhealthy and small in quantity. He also complained that the commissary sold
food that was much too expensive. For example, he said a slice of white bread was $0.30 and
that Ramen noodles were $0.61 each. 183

182

See

Summary.
b6, b7C

183

See

Summary.

29
NJ\110711.3

and

b6

1.

ICE Standard*

Delegation Observation

Source

2.

Standard 17, Visitation
 III.H. The facility’s written rules shall specify time
limits for visits: 30 minutes minimum, under normal
conditions.



Inmate Handbook states detainees are entitled to
two visits of 15 minutes each per week (p.6 ¶2).
Staff said visits with family and friends last a
minimum of twenty minutes (p.6 ¶2).
One detainee reported that visits can be as short
as 5 to 10 minutes; another that visits are never
more than 20 minutes (p.6 ¶2).

Inmate Handbook.

The phones in the cell do not accept preprogrammed numbers for pro bono attorneys (p.8
¶4). Apparently detainee also was unable to
contact consulate (p.8 ¶2).
Detainees must rely on collect calls or calling
cards (p.7 ¶4).

Delegation
observations.



Ombudsman staff said they deliver emergency
messages but not other messages, because they
are not “an answering service.” (p.9 ¶2)

Ombudsman’s office
staff, including
Corporal



Telephone calls may only be made from public
places: public phones in the cell or the
Ombudsman’s Office, where officers are
consistently present. (p.7 ¶3)

Delegation
observations.



b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

Detective
and detainee

and

b6, b7C



b6, b7C

5.



b6, b7C

4.

Standard 16, Telephone Access
 III.E. The facility shall not require indigent
detainees to pay for [legal, court-related, consular,
emergency calls] if they are local calls, nor for nonlocal calls if there is a compelling need. The facility
shall enable all detainees to make calls to the INSprovided list of free legal service providers and
consulates at no charge to the detainee or the
receiving party.
Standard 16, Telephone Access
 III.I. The facility shall take and deliver telephone
messages to detainees as promptly as possible.
When facility staff receives an emergency telephone
call for a detainee, the caller’s name and telephone
number will be obtained and given to the detainee as
soon as possible.
Standard 16, Telephone Access
 III.J. The facility shall ensure privacy for detainees’
telephone calls regarding legal matters. For this
purpose, the facility shall provide a reasonable
number of telephones on which detainees can make
such calls without being overheard by officers, other
staff or other detainees.

Detainees
b6, b7C

3.

Information from
facility staff,
including Detective
b6, b7C



ICE Response

2/19/2009

1

b6

b6

b6

b6

b6

b6

Facility Name: Passaic County Jail, Paterson, New Jersey
Date of Tour: August 1, 2005
Tour Participants: Latham & Watkins LLP attorneys and summer associates
.
*Standards are Detainee Services Standards unless otherwise indicated. Issues are listed in the order in which they appear in the Report.



Delegation was not permitted to enter the law
library (p.10 ¶2). According to list of materials
later faxed to delegation by Captain
the
print materials lack certain materials on the list
(p.10 ¶4).

Delegation
observations; list
faxed by Captain
.

7.

Standard 6, Detainee Handbook
 I. Every OIC will develop a site-specific detainee
handbook to serve as an overview of … the
detention policies, rules, and procedures in effect at
the facility.
 III. E. The handbook will be written in English and
translated into Spanish and, if appropriate, into the
next most-prevalent language(s) among the
facility’s detainees. The OIC will provide
translation assistance to detainees ….
Standard 13, Recreation
 III.B.1. If outdoor recreation is available at the
facility, each detainee shall have access for at least
one hour daily, at a reasonable time of day, five
days a week, weather permitting.
 III.B.2. If only indoor recreation is available,
detainees shall have access for at least one hour
each day ….
Health Services Standard 2, Medical Care
 III.A. Every facility will provide its detainee
population with initial medical screening, costeffective primary medical care, and emergency care.



Passaic has an inmate handbook, but it includes
no information specific to immigration detainees.
The office was out of the Spanish-language
version of the inmate handbook at time of visit
(p.14 ¶2).

Inmate Handbook.

Recreation is not available with required
frequency; sometimes 45 minutes twice per
week; sometimes weeks go by with no recreation
(p.16 ¶1).
Captain
acknowledged inclement
weather results in canceling outdoor recreation
which is not rescheduled for the weight room due
to lack of space (p.16 ¶2).
Passaic officials stated that this facility offers
regular mental health screenings for detainees
upon entry to the facility (p.18 ¶3). However,
detainee did not receive initial mental health
screening, despite fact that he arrived taking
medication for depression (p.18 ¶3).
Inmate handbook does not explain the
classification levels, nor explain appeal
procedures. It states detainees will be separated
based on factors such as aggressive tendencies
only when “possible” (p.20 ¶2).

Detainees Evans;
Castillo.

III.I. The detainee handbook’s section on
classification will include …: 1. An explanation of
the classification levels with the conditions and
restrictions applicable to each. 2. The procedures by
which a detainee may appeal his/her classification.



ABA Commission on Immigration - Detention Standards Implementation Initiative

Delegation
observations.
Detainee

b6, b7C





Captain

b6, b7C

10. Standard 4, Detainee Classification System

b6, b7C

9.



Corporal

b6, b7C

8.

b6, b7C

Standard 1, Access to Legal Material
 III.C. The law library shall contain the materials
listed in Attachment A.

b6, b7C

6.

Inmate Handbook.

2/19/2009

2

Detainee



Information regarding appeal was limited. The
form indicates that an appeal period is available;
however, the form simply has box to check “I
disagree with the resolution and request further
administrative action.” (p.24 ¶1)

Inmate grievance
form.



Officials stated that it is “up to the detainee” to
notify his or her attorney. (p.25 ¶4).

Staff including
Lieutenant



III.B. All detainees shall have the opportunity to
submit written questions, requests, or concerns to
ICE staff …. The detainee request form shall be
delivered to ICE staff by authorized personnel (not
detainees) without reading, altering, or delay.



Corporal
indicated that officers do not
take or give written messages on behalf of
detainees. (p.28 ¶4).

ABA Commission on Immigration - Detention Standards Implementation Initiative

Corporal

b6, b7C

14. Standard 15, Staff-Detainee Communication.

b6, b7C

Detainee indicated filed grievances were ignored
(p.23 ¶3; p.24 ¶2).

b6, b7C





I. [S]tandard operating procedures (SOP) must
establish a reasonable time limit for: … (iii)
providing written responses to detainees who filed
formal grievances, including the basis for the
decision.
12. Standard 5, Detainee Grievance Procedures
 III.G. Detainee Handbook.
The grievance section of the detainee handbook will
provide notice of the following: … 2. The
procedures for filing a grievance and appeal,
including the availability of assistance in preparing
a grievance.
13. Security and Control Standard 4, Detainee Transfers
 III.A.1. ICE shall notify the detainee’s
representative of record that the detainee is being
transferred ….

b6, b7C

11. Standard 5, Detainee Grievance Procedures

2/19/2009

3