Detention Standards Implementation Initiative

ABA Commission on Immigration

Facility Name: Passaic County Jail, NJ
Date of Tour:

ICE Standard
Telephone Access
m.E "If the facility requires
detainees to complete a request form
to make direct or free calls, it must
assist them as needed, especially for
illiterate or non-English speaking
detainees"
Access to Legal Materia:!
• UI.e "The law library shall contain
the materials listed in Attachment
A"
• m.B "The law library shall provide
an adequate number of ... writing
implements, paper and office
supplies to enable detainees to
prepare documents for legal
proceedings"
• III.J "The facility shall ensure that
detainees can obtain copies oflegal
material"
• ''The number of copies of
documents to be filed with a
particular court, combined with the
number required for INS records
and at least one copy for the
detainee's personal use will
determine the number of copies
required"
Recreation
Ill.B.l "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" and III.B.2 "if

..

..

Tour Observation
Detainees are not sufficiently notified of
the pre-programmed technology available
for direct calls (p7, line 31)
• Direct dial phones are only located in the
legal visitation area and permission must
be requested (p7, line 27)

•

Source of Observation

•

According to
delegation
observations

ICE Response
Not notcd in 2004
Review .

•

The law library has very limited
immigration legal materials (p9, line 22)

•

According to
delegation
observations

Not noted in 2004
Review.

•

Indigent detainees are charged for pens
and paper to prepare legal work (p 10, line
30)

•

According to
detainee
interviews and the
facility handbook
at p. 27

Not notcd in 2004
Review.

•

All detainees are charged $0. I O/copy for
legal copies, which is prohibitive to
indigent detainees (p 11, line 1)
Limit of 10 pages copies/week (pi I, line
6)

•

According to the
facility handbook
at p. 27

Not noted in 2004
Review.

While facility staff state that recreation is
available for 1hr/day, detainees suggest
that they re.ceive very limited recreation
(pl3, line 30)

•

According to
detainee
interviews

Not noted in 2004
Review.

•

•

Detention Standards Implementation Initiative
only indoor recreation is available,
detainees shall have access for at
least one hour each day"
Medical Care

•

ABA Commission on Immigration

While not specifically addressed in the
standards, an issue of concern is that
detainees requiring medication to be
delivered by medical staff must forgo
recreation, law library time and other
activities if medication has not been
delivered because if they are not in their
cell when the nurse comes, the nurse will
not return to administer the medication
(p14, line 20)

•

According to
detainee
interviews

Not noted in 2004
Review.

53rd a!Third
885 Third Avenue
NewYor1<, New York 10022-4834
Tel: (212) 906-1200 Fax: (212) 751-4864
www.lw.com

LATHAM&WATKI N$LLP

MEMORANDUM
August 12, 2004

To:
From:

Copies to:

FIRM I AFFILIATE OFFICES
Boston

New Jersey

Brussels

New York

Chicago

Northern Virginia

Frankfurt

Orange County

Hamburg

Paris

Hong Kong

San Diego

London

San Francisco

Los Angeles

SificonValley

Milan

Singapore

Moscow

Tokyo
Washington, D.C.

Victor Cerda, Director, Office of Detention and Removal, Immigration and Customs
Enforcement
Bar Association Delegation to the Passaic County Jail!
Commission on Immigration

Subject:

This memorandum summarizes infonnation gathered at the Passaic County Jail (the
"Jail" or "PCJ") and evaluates the facility's implementation of Immigration and Customs
Enforcement ("ICE") Detention Standards (the "Detention Standards"). The infonnation was
obtained via observation and through interviews with immigration detainees, PCJ correctional
officers and ICE personnel during the delegation's July 14,2004 tour of the facility.

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-six standards contained in the Detention Operations Manual cover a broad spectrum of
issues ranging from visitation policies to grievance procedures to legal access. These standards
apply to ICE-operated detention centers and other facilities that house immigration detainees
pursuant to contracts or intergovernmental service agreements ("I GSA").

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.

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LATHAM&WATKINSllP
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 IOSA
facilities by December 21,2001.

B.

The Delegation's Visit to Passaic County Jail

On Wednesday, July 14, 2004, the members of our delegation traveled to Paterso~
Jersey, to tour the Passaic County Jail. Upon our arrival, we were greeted by Lieutenantllllfl
ofICE, and several correctional officers and other personnel from the Jail, who accompanied us
on the tour.
Prior to touring the facility, we were led into the visitor waiting-area where we were
given the opportunity to ask general questions of the officers. We then entered the Jail, and .
visited the cellblocks, library and classrooms, office of the ombudsman, chapel, gym, and
attorney conference rooms. We then interviewed five individual detainees regarding their
experiences at the Jail. At the conclusion of the tour, we met with the undersheriff and the
assistant chief warden.
This report is a compilation ofinformation gathered during discussions with ICE and PCJ
personnel, observations of the facility and interviews with individual detainees. In many
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. In other situations, however, detainee
reports and/or our observations conflicted with information provided by the corrections 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 has an average daily population of over 1,500, and is considered
the most over-crowded jail in New Jersey. The primary function ofthe 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 the ICE and other
government agencies, the Jail also houses immigration detainees. According to Jail personnel,
all of the detainees housed at PCJ have criminal records, as immigration detainees with no
records are sent to other designated facilities.
According to
on the date of our visit, the Jail housed approximately
300 immigration detainees, thirty
were female. We attempted· to confirm this
information with the assistant chief warden at the conclusion of the tour, but we were informed
that, following September 11 th, the Jail is not permitted toprovide information regarding the
number of detainees or their countries of origin.

2
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LATH AM&WA TKI N SeLP
IL

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).3

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.4 In our opinion, the Jail has 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. 5 Normal or regular
visiting hours are defined as Monday through Friday from 8 a.m. until 2:30 p.m., with
6
discretionary visits during the evening hours. However, PCJ officials informed the delegation
that scheduling oflegal visits is flexible as legal visits are not limited to normal visiting hours.
The only time that the Jail is closed to attorneys is during the lunch and dinner hours, 11 a.m. to
1 p.m. and 5 p.m. to 6 p.m., respectively. If a legal visit coincides with a meal or a routine
official count, the attorney may continue the visit. Ifthe detainee misses a meal as a result of the
legal visit, he/she will receive a sack meal. If the detainee misses other activities, such as gym
time, as a result of the legal visit he/she is not provided with an opportunity to make up the
activity.
The Jail does not restrict outside access to detainees. Any attorney may call the records
department at PCJ to check if a detainee is housed at the Jail. Officials at PCJ informed the
delegation that this information is updated with the local ICE district office on a continuous
basis. Following an incident involving failure to accommodate lawyers from the ACLU, PCJ
officials agreed to permit access to any attorney requesting it and to accommodate other legal
visitors with proper identification, i.e., legal assistants and interpreters.
The Handbook requires that, in order to meet with a client, attorneys must acquire an
official ID card issued by the Passaic County Sheriff's Department Identification Bureau.? Such
identification cards are issued upon presentation of a bar card at the initial visit and are required

Detention Operations Manual, ICE Detention Standards, Standard 17, Section 1.

Id. at Section III(I)(2).

PC] Inmate Handbook, p. 15.
Id.at 15-16.
Id. at 15.

3
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LATHAM&WATKINSLLP

for all subsequent access. However, PC] officers suggested that many visiting lawyers are
known to the staff and are able to gain access to their clients without obtaining such IDs. PCJ
officials further informed us that they no longer
to submit G ..28 forms for prerepresentation interviews. Interestingly,
ICE official accompanying us on
the tour, was not aware that this rule had changed.
There are twelve attorney visitation rooms at the Jail, each of which provides space for
"contact" visits by attorneys. 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. 8 PC] staff 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. 9 In accordance with the Detention Standards, PCJ staff do
not conduct strip searches unless they have reasonable suspicion that contraband has been
exchanged. PC] allows detainees to keep legal documents given to them and does not limit the
amount ofiegal material a detainee may retain. In addition, PC] provides detainees with access
to an audio booth to review their cases. The booth enables detainees t6 listen to audio
transcripts, which is particularly helpful for those who are illiterate or blind.

The detainees that we interviewed indicated that the Jail does not provide sufficient
information rega'rding how to contact pro bono legal representation. PCJ officials told the
delegation that, as required by the Detention Standards,lo the names of pro bono legal
organizations and their phone numbers are listed next to the available telephones.
However, two detainees informed us that their attempts to contact a pro bono lawyer were
unsuccessful because the agencies did not accept collect calls. One of these detainees, a
native English speaker, also alleged that the PCJ Office of the Ombudsman failed to follow
up on a request for legal representation, despite the fact that the request was made on five
separate occasions.
2.

Visitation by Family and Friends

The ICE, through the Detention Standards, encourages visits by family and friends in
order 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. ll 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
Detention Operations Manual, ICE Detention Standards, Standard 17, Section 111(1)(9) ("Visits between
legal service providers (or legal assistants ) and an individual detainee are confidential and shall not be
subject to auditory supervision").

ld. at Section 111(1)(11) (SPCS/CDFs should normally subject detainees returlling from legal visitations to
pat-down searches. Officers may, however, strip-search a detainee reasonably suspected of concealing
contraband of any kind).
10

ld. at Section 111(1)(14).

11

ld. at Section I.

12

ld. at Section 111(A).

4
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LATHAM&WATKINSLLP

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 concems. 14 We believe that the Passaic County Jail implements this
section of the Detention Standards, but has established a system that is complicated and often
conducted outside the written rules.
The visiting schedule is clearly posted in the front entrance and visitors' entrance at the
Jail and is available by phone. The schedule is also included in the Handbook. 15 However, the
version in the Handbook does not match the version posted for visitors. The latter represents a
complicated system of visitation scheduling that is confusing to visitors and detainees alike.
Detainees, like the rest of the inmate population, are provided certain days and hours for
visitation according to the first letter of their l~t narlle. Whereas the system established in the
Handbook is straightforward and easy to follow, the system actually used by PCJ is complicated
and highly puzzling for those who are illiterate or unfamiliar with English or the Roman
alphabet. To illustrate this point, the visiting schedule for male detainees is listed below:
Hour

Sunday

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

7:30 9:00a.m.

M

WXYZ

GH

S

B

NOPQR

A

9:3010:30 am.

L

UK

TUV

C

1:002:00p.m.

R

A

WXYZ

A

LM

C

6:007:00p.m.

S

B

LM

DEF

S

DEF

7:309:00p.m.

T

C

NOPQ

GH

TUV

GH

9:0010:00p.m.

UV

DEF

R

UK

WXYZ

UK

NOPQ

B

Although in conformity with the Detention Standards l6 , the system established at
the PCJ is likely to create unnecessary confusion among detainees and visitors.

13

Id. at Section ill(H)(l).

14

Id.

IS

PC] Inmate Handbook, pp. 16-17.

16

Detention Operations Manual, ICE Detention Standards, Standard 17, Section I1I(H)(l) ("The facility shall
establish a visiting schedule based on the detainee population and demand for visits. [ ... ] To accommodate
the volume of visitors within the limits of space and staff availability, and to ensure adequate security, the
orc may restrict visits.").

5
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LATHAM&WATKINSllP
One detainee reported that he was not aware of the visiting schedule. Although he had
been given a PC] Inmate Handbook, he is illiterate and unable to locate the necessary
information. Moreover, as noted above, the information in the Handbook is inaccurate.
The PCJ Inmate Handbook establishes that detainees are entitled to "at least two noncontact visits for a minimum of 15 minutes each per week depending on time and space
availability.,,17 The PCJ Inmate Handbook also provides that visitation periods can be extended
as circumstances warrant. 18 PCJ staff confirmed these procedural rules and indicated that
detainees are actually given a minimum of 15 to 20 minutes. The delegation was informed that
the shift commander on duty often makes discretionary decisions to accommodate visitors who
have traveled long distances and visitors for whom normal visiting hours present a hardship.
The length of visits is often determined by the space available at any given time.
Currently, PCJ has twelve non-contact visitation booths available. These booths, with Plexiglas
dividers, have two phones for use by visitors to communicate with the detainee. Requests of
"contact" visits are not accommodated for security reasons. Although the PCJ Inmate Handbook
permits only 2 adult visitors at anyone time,19 PCJ officials informed us that the only real
limitation on the number of visitors is the small size of the booths. PCJ permits minors to visit
20
detainees as long as they are accompanied by an adult.
PCJ does not restrict who may visit detainees, with the exception of former inmates who
21
are not permitted to visit those who are currently housed at the Jai1. Detainees who have family
members detained at the same facility are permitted to visit their relatives during recreation time.
PCJ officials stated that such detainees are often assigned the same recreation schedule to
facilitate visitation among family members. Detainees in disciplinary or administrative isolation
may receive visitors at the discretion of the shift commander. Accommodation is often granted
when visitors travel long distances or when the detainee is determined to be non-violent.
Detainees are permitted to maintain personal accounts in which visitors may deposit
money for use at the commissary. Money may be deposited either in person at the front
entrance, by mail or electronically. Detainees may also deposit into these accounts the money
they earn through voluntary work programs.
B.

Telephone Access

The Detention Standards require that facilities holding ICE detainees permit reasonable
and equitable access to telephones. 22 In order to meet this requirement, facilities must provide

17

PCI Inmate Handbook, p. 14.

18

ld.

19

ld.

ZO

ld. at 15.

ZI

ld. ("Former inmates are not permitted visiting privileges unless otherwise authorized by the
Administration.")
.

22

Detention Operations Manual, ICE Detention Standards, Standard 16, Sections I & meA).

6
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LATHAM&WATKINSLLP
written telephone access rules to each detainee upon admittance and at least one telephone for
23
every 25 detainees. The delegation has the following concerns as to the adequacy ofthe
Passaic County Jail's implementation of these standards.
During our tour of the facility, the delegation observed that detainees have..access to
payphones in the "day rooms" located just outside the cell blocks. Detainees have access to
these phones throughout the day, except during official head counts, transfer to the local
immigration court on Wednesdays, and when security concerns arise. 24 Telephone privileges
may also be terminated ifPCJ staff find conditions in the housing areas to be unacceptable. 25
The PCJ Inmate Handbook states that, while detainees are not limited in the nwnber of calls that
may be placed, telephones should be shared fairly among all detainees. 26 Detainees informed the
delegation that phones are essentially unavailable because most detainees do not have the funds
to use them. Instructions for use of the payphones are posted next to phones. However, PCJ
does not provide instructions for illiterate or non-English speaking detainees, who often are left
to learn how to use the phones from fellow detainees. Therefore, many detainees are ignorant of
available options such as preprogrammed phone technology. Collect calls may be made through
the telephones, but the delegation was informed that some service providers will not connect
collect calls from PCJ. Many of the detainees were transferred from and have relatives in New
York City and Long Island. Unless the recipient has Verizon telephone service, they cannot·
receive a collect call from the Jail. PCJ officials are aware of the problem, but have not yet
addressed it effectively. One detainee informed the delegation that collect calls are very
expensive and cost more than $4.00 per minute. Detainees have the option to purchase pre-paid
phone cards from the commissary to make calls to family, friends, legal representatives, etc.
These pre-paid phone cards are prohibitively expensive given the indigent status of many
detainees. The delegation was informed by a detainee from Mali that calls to New York using
the pre-paid phone cards cost $5.00 for the first minute, making this option untenable for most
detainees.
The Jail also provides a station for preprogrammed phones located in the attorney
visitation area and in the same booth where detainees may listen to the transcripts of their cases.
These preprogrammed phones allow detainees to make direct calls to the local immigration
court, the Board of Immigration Appeals and to consular offices, in accordance with the
27
Detention Standards. However, detainees are not provided with adequate instructions on how
to use these phones, and cannot use them without first obtaining permission from PCJ officials.
Two detainees interviewed by the delegation were not aware of this preprogrammed phone
technology. One detainee's only contact with his consulate office was facilitated by a fellow
Bahaman detainee who dialed the consulate for him and who has now been either released or
deported. The detainee has not been in contact with his consular representative since this initial
contact and still does not know his deportation status.
23

ld. at SectionsIII(B) & (C).

24

PC] Inmate Handbook, p. 12.

2S

ld.

26

ld.

27

Detention Operations Manual, ICE Detention Standards, Standard 16, Section ill(E).

7
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LATHAM&WATKINS""P
PC] officials assert that all telephones, preprogrammed phones and payphones, comply
with the Detention Standards. The delegation was also told that detainees are provided privacy
when making phone calls and that the facility prohibits staff from monitoring phone calls
electronically. However, several of the detainees interviewed by the delegation expressed
concern on this point. Detainees specified that the day rooms where phones are located are open
spaces and do not provide detainees with privacy from fellow detainees or from the PC] staff. A
Liberian detainee informed us that detainees often become involved in physical fights in order to
silence other detainees during private conversations. Even though the Detention Standards
require facilities to take and deliver messages regarding emergency and non-emergency
incoming telephone calls to detainees, PC] staff refuse "to be an answering service," and thus do
not take or deliver such phone messages.

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.28

The Passaic County Jail facility has successfully implemented some sections of the
Detention Standards regarding access to legal materials and the law library. However, the
Passaic County Jail has failed to implement several other sections of the Detention
Standard; consequently, the delegation believes that the facility fails to provide
immigration detainees with meaningful access to legal materials and legal representation.
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
29
basis for a minimum offive hours per week. Furthermore, these five hours a week should not
cause a detainee to miss a meal, recreation, or any other planned activity. 30
PC] policies theoretically implement this section of the Detention Standards. However,
the reality of detainee access to the law library remains a concern. The PC] permits detainees to,
use the law library if they submit a written request to Program Services for scheduling. 31
Program Services then allocates the use of the law library based on the level of demand
expressed by the detainees. PC] officers stated that priority is given to those detainees who
represent themselves or have upcoming court appearances and/or trials. As a result, other
detainees are forced to wait several weeks before they are allowed to use the law library.

28

ld. at Section ULL

29

ld. at Section ill.G.

30

ld.

31

PCI, Inmate Handbook, p. 26.

8
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LATHAM&WATK I N SLLP

Detainees also reported that they are not always given the opportunity to submit written requests
to Program Services for access to the law library, in contradiction to the Detention Standards.
2.

Library Conditions

The Detention Standards state that each detention facility shall provide a law library in a
designated rooiD 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
. Iate d from nOIsy
. areas. 32
ISO
.
The PCJ facility has implemented this section of the Detention Standards. The PCJ
law library is well-lit and reasonably isolated from noisy, high-traffic areas that might interfere
with research and writing. The law library is also large enough to accommodate approximately
10-15 people and contains four large tables and several chairs.

3.

Materials Identified in the Detention Standards

The Detention Standards require all law libraries to contain the legal materials listed in
33
Attachment A to the chapter on Access to Legal Material. 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.34 Furthermore, stolen or damaged materials must be
prompted replaced by the facility.35 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. 36
The PCJ facility does not meet all ofthe provisions oftbis section of the Detention
Standards. The PCl law library contains one copy of each of the following: Federal Reporter,
Shepard's, New Jersey Digest, Wright & Miller treatises, Supreme Court Digest, and Federal
Supplement. However, the library does not contain many of the other legal reference materials
required by the Standards, such as statutes and treatises on immigration and nationality laws,
practice guides on immigration, civil procedure treatises and nutshells, and self-help manuals.
Detainees also complained that the library was unapproachable to a lay person and difficult to
use and that the only available assistance was a fellow inmate who was not very helpful.
Additionally, the law library is closed the first two sessions on the second Wednesday of every
month so that updating can be completed. 37 It is unclear whether the updating procedure for PCJ
is sufficient to adequately update the required legal materials for detainees.

32

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

33

Jd. at Section m.c.

34

Jd. at Section m.D.-F.

35

Jd. at Section m.F.

36

Jd. at Section m.A.

37

PCJ, Inmate Handbook, p. 27.

9
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LATHAM&WATKINS""P
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. 38
The PCJ Inmate Handbook indicates that the facility complies with this section of
the Detention Standards. However, based on detainee accounts, these policies are not
actually implemented. The law library has five computers; however, only three of the
computers were operational at the time of our visit. The officers at PC] stated that three or four
more computers had been ordered. Furthermore, the law library is closed the first two sessions
on the second Wednesday of every month so that computer maintenance can be completed. 39
The PC] Inmate Handbook states that inmates shall have access to "legal supplies and
material for preparing le¥cal papers, such as writing paper, carbon paper, reproduction equipment,
and mailing envelopes." 0 One detainee stated that legal materials such as pens and papers are
available by submitting a written request to the Office of the Ombudsman. However,they were
available at a charge, which is extremely problematic for indigent detainees. Although the PC]
Inmate Handbook states that indigent detainees will receive legal/writing materials at no
charge,41 there appears to be a discrepancy between the policies outlined in the Inmate Handbook
and actual implementation of these polices at the facility. Complicating this problem is the fact
that, according tothe detainees we interview, many detainees never received a PC] Inmate
Handbook, and therefore are unaware that such materials are available.
5.

Photocopies

The Detention Standards require that each facility shall ensure that detainees can obtain
photocopies oflegal materials, when such copies are reasonable and necessary for legal
proceedings involving the detainee. 42 The facility must provide enough copies so that a detainee
can fulfill court procedural rules and retain a copy for his records. 43 Additionally, facility
personnel are prohibited from reading documents that on its face is clearly related to a legal
.
proceeding involving the detainee. 44
The PCJ appears to satisfy this section of the Detention Standards. In order to make
copies of their legal materials, detainees must complete a "Please Give" slip to the staff of
Program Services, who will then attach the slip to the legal materials and forward it to the

38

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

39

PCJ, Inmate Handbook, p. 27.

40

Id.

41

Id.

42

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

43

ld..

44

ld.

10
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LATHAM&WATKI N SllP

45
Ombudsman's Office for processing. The cost for photocopying and/or rrinting legal materials
4
is 10 cents per page, however, which is prohibitive to an indigent inmate. A maximum of ten
47
pages per week is permitted for each inmate.
6.

Correspondence and Other Mail

The Detention Standards require that detainees be permitted to send and receive
correspondence ina timely manner, subject to limitations required for the safety, security, and
orderly operation of the facility.48 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. 49 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. 50 Incoming
special correspondence can be inspected for contraband only in the presence of the detainee, but
it can never be read or copied by the facility.51 Outgoing special correspondence cannot be
inspected; opened or read. 52
Based on our interviews with PCJ personnel, PCJ appears to adhere to this section
of the Detention Standards. Pages 14 and 15 of the PCJ Inmate Handbook clearly outline the
appropriate procedures to be used by the PCJ personnel when handling outgoing and incoming
detainee mail. 53 These procedures fulfill the requirements set out in the Detention Standards.
Correctional officers at the Jail stated that outgoing detainee correspondence to lawyers is not
inspected, opened or read by the facility. Additionally, incoming detainee correspondence is
only inspected in the presence of the detainee.

7.

Notaries, Certified Mail, and Miscellaneous Legal-Related Needs

The Detention Standards require that the facility provide assistance to any unrepresented
detainee who requests a notary public, certified mail, or other such services to pursue a legal
matter if the detainee is unable to meet the need through family members or community
. .
54
organIzatIOns.

45

PCJ, Inmate Handbook, p. 27.

46

ld.

47

Jd.

4&

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

49

Jd. at Sections III. B. & E.

50

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

51

Jd. at Sections III.B. & E.

52

Jd. at Sections III.B. & F.

53

PCJ, Inmate Handbook, pp. 14-15.
Detention Operations Manual, Detainee Services, Standard 1, Sectionm.p.

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The PCJ appears to adhere to this section of the Detention Standards. The PC] has
notaries on staff at the facility that are available to the detainees. Additionally, the PC] provides
indigent detainees with envelopes, paper and stamps.
D.

Group Rights Presentations

The Detention Standards require that facilities shall pennit authorized persons to make
presentations to groups of detainees for the purpose of infonning them about U.S. immigration
law and procedures consistent with the security and orderly operation of the ICE facility.55
The PCJ appears to satisfy this section of the Detention Standards, although
detainees are not always notified about such presentations. Personnel at the PCJ facility
stated that "Know Your Rights" presentations have been conducted at the facility for the past
three years, generally on Tuesdays. However, these presentations are not made at the Jail every
week. Rather, there are an average of two presentations per month, and occasionally a month or
two wi11lapse between presentations.
One detainee remarked that he had been notified of group rights presentations twice
during his two month stay at Passaic County Jail. However, another detainee reported that he
had never been infonned of any group rights presentations· during his seven months at the
facility. Brian Lonegan, anattomey in the Immigration Department of Legal Aid in New York
has indicated that he has been responsible for presenting the "Know Your Rights" seminars at
PCl While the Jail used to allow him to make a presentation on the first Tuesday of every
month, he has not had access to the facility in the past few months.

In.

OTHER PROVISIONS OF THE ICE DETENTION STANDARDS
A.

Site-Specific Detainee Handbook

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." 56 The handbook
must be translated into Spanish, and, if appropriate, into the next most-prevalent language(s)
among the facility's detainees. 57 All detainees are to receive a copy of the handbook upon
admission to the facility. 58 The Delegation believes the Jail's practice with respect to access
to the Handbook is the most significant and troublesome lapse in implementation of the
Detention Standards, as a detainee's understanding of his or her rights likely would go a
. long way in remedying other issues discussed in this memorandum.

55

ld. at Standard 9, Section L

56

ld. at Standard 5, Section 1.

57

Detention Operations ManuaL Detainee Services, Standard 5, Section TIl.E.

58

Id. at Standard 5, Section L

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The PCJ has an "Inmate Handbook" which is available in English imd Spanish. While
the Handbook is supposed to be provided to all detainees, most of the detainees with whom we
spoke indicated that they had never received a copy. Furthermore, the Handbook suffers from
several flaws. First, the Handbook is not specific to immigration detainees-it is designed for all
inmates at the jaiL For that reason, it fails to address certain concerns specific to immigration
detainees, such as information about ICE. Second, despite the fact that officers point to the
Handbook as the ultimate source of information for detainees, no effort is made to communicate
the contents of the Handbook to those who cannot read English or Spanish (which is prevalent
among immigration detainees), or who cannot read at alL Third, the many sections of the
Handbook are not accurate or are at odds with the way the policies are practiced. For example,
the Handbook explains that all detainees are guaranteed a minimum of one hour of
recreation/exercise per day, 59 but from our interviews it appears that, in reality, detainees receive
less than the promised one hour. Additionally, as noted above, the visiting schedule listed in the
Handbook differs significantly from that posted in the jaiL 60
.
B.

Recreation

The Detention Standards require that all facilities provide immigration detainees with
access to recreational programs and activities, under conditions of security and supervision that
61
protect their safety and welfare. Every effort is to be made to provide outdoor recreation
facilities, but lacking such, the recreation room must be large, with exercise equipment and
"access to sunlight.,,62 All facilities shall also have.an individual responsible for the
development and oversight of the recreation program. 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.
The PCJ fails to meet, in large. part, the Detention Standards regarding recreational
programs and activities.
There are several recreation facilities available to detainees at PCJ, including an indoor
gym, an outdoor, rooftop recreation area, and various days rooms with games, books, and
televisions. Although the officers at the Jail stated that detainees are provided at least one hour
of exercise/recreation per day, including one hour per week on the rooftop recreation area,
individual detainees reported that they receive far less. One detainee reported that he was
allowed access to the outdoor recreation area for a half hour three times per week and to the
indoor gym for a half hour twice a week. Another stated that he did not receive daily recreation.
In addition, one detainee explained that after waiting in line to sign in, detainees only have
twenty minutes of recreation. According to another detainee, he was prevented from going to the
gym or rooftop recreation area because ifhe was absent from his cell when the nurse brought his
HIV medication he would not receive any medication that day.

59

PCJ, Inmate Handbook, p 32.

60

Id at 16.

61

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

62

Id.

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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. 63 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. 64 For a facility of over 200 detainees, it minimum of five days
per week is required. 65 Facilities must also have procedures in place to provide emergency
medical care for detainees who require it. 66 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
67
or an on-duty supervisor. Ifa detainee is diagnosed as having a medical or psychiatric
condition requiring special attention (e.~., special diet), the medical care provider is required to
notify the Officer-in-Charge in writing. 8
Passaic County Jail has a medical facility on-site staffed by nurses 24 hours a day.
Doctors and/or nurse practitioners are available 5 days a week, according to the warden. It is
quite cramped but, according to the warden and officers, a new facility is being built.
Medical treatment is slow and unreliable according to many of the detainees interviewed.
Detainees told of medical complaints that were ignored, or that were inappropriately treated,
such as offering Tylenol for chest pain and Benadryl for flu-like, non-allergy symptoms.
Detainees also face difficulties in receiving medication. One HIV-positive detainee explained
that he skips recreation and other activities (e.g. library, group rights presentations) because ifhe
is not in his cell when the nurse comes with his medicine he will not get it. According to the
warden, the nurse is "supposed to" come hack if a detainee is not in his cell, but according to the
detainee that does not happen.

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. 69 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

63

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

64

ld.

65

ld.

66

ld. at Section ill.A, D. and G.

67

ld. at Section ill.H.

68

]d.

69

ld. at Section III.£.

at Section IIU.

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adjustment of prosthetic appliances and other procedures required to maintain the detainee's
health. 7o
According to the warden at PCJ, detainees are given dental examinations upon arrival and
a dentist is available at the jail regularly. At least one detainee with whom we spoke, however,
had not received a dental exam when he arrived at Passaic County Jail. Nevertheless, no
detainee with whom we spoke complained of dental problems.

E.

Detainee Classification

.
The Detention Standards require that detention facilities use a classification system and
physically separate detainees in different categories.71 A detainee's classification is to be
detennined on "objective" criteria, including criminal offenses, escape attempts, institutional
disciplinary history, violent incidents, etc.72 Opinions, unconfirmed and unverified information,
and physical characteristics and appearance are not to be taken into account. 73 Classification is
required in order to separate detainees with no or minimal criminal records from inmates with
serious criminal records. 74 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

70

ld.

71

ld. at Standard 3, Section I.

72

ld. at Section m.D.

73

ld.

74

ld. at Sections IILA & lILE.

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level one housing unit. 75
Additionally, all facility classification systems shall allow classification levels to be redetermined and include procedures by which new arrivals can appeal their classification levels. 76
Finally, the detainee handbook's section on classification must include (1) an explanation ofthe
classification levels, with the conditions and restrictions applicable to each, and (2) the
procedures by which a detainee may appeal his classification. 77
Based on information provided by PCJ personnel, the PCJ has failed to implement
this section of the Detention Standards. During the question and answer session at the
conclusion of the tour, the delegation was told that the facility did use a classification system that
consisted of three levels: minimum, medium, and maximum, presumably based on the security
required for the detainee based on hislher criminal record. However, PC] personnel stated that
this is a relatively new system that was only implemented after a one-year investigation of the
facility by the Department of Justice. The personnel claimed that the classifications are not set
by the facility, but rather the ICE is responsible for determining upon which factors the
detainees' classifications are based and for determining the ultimate classification of each
detainee. PC] personnel did state that the ICE informed them of the aforementioned rules
regarding co-mingling of various classifications. According to PC] personnel, non-criminal
detainees are kept separate from all other detainees. However, PC] officers believe that all the
detainees sent to the facility have criminal records.
Further, interviews with detainees and a review of the PC] Detainee Handbook suggest
that PCl fails to properly implement the Detention Standards. First, PC] fails to adequately
explain the classification system in the Handbook. The Handbook does not explain the
classification levels, with the conditions and restrictions applicable to each, nor does it explain
the procedures by which a detainee may appeal his classification. In fact, the Handbook only
lists the factors upon which the detainee will be questioned, with no guidance as to how these
answers are then used to establish the detainee's classification. The Handbook states that
inmates will be separated based on various factors, such as aggressive versus passive/dependent
tendencies, only when "possible.,,78

In addition, the detainees we interviewed were not only unaware of their own
classification, but they were unaware that a classification system existed at all. Only one of the
five detainees had received the Handbook. Even if the Handbooks were provided and
contained the necessary information, half ofthe detainees we interviewed were not fluent in
English and some were illiterate.
Furthermore, PCJ fails to properly separate detainees according to classification. During
the detainee interviews,one detainee stated that while he was detained for a minor crime, selling
stolen CDs, some ofhis previous cellmates have served up to 15 years for violent crimes prior to
75

ld. at Section DI.E.

76 .

ld. at Sections III.G. & H.

n
78

ld. at Section DLI.
ld. at Section D.D.

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coming to PCl. In explaining this situation, despite limited English language skills, the detainee
stated that sharing a cell with these detainees is difficult because they have a different mindset
and this is a negative influence on his own mental health. Such action is in direct conflict with
the requirement that detainees with Minimum Level classifications be segregated from detainees
with Maximum Level classifications. 79
F.

Voluntary Work Programs

The Detention Standards require all facilities with work programs to "provide detainees
the opportunity to work and earn money.,,80 Detainees who are physically and mentally able to
work must be provided the opportunity to participate in any voluntary work program. 81 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.,,82 Facilities cannot deny "work opportunities based on non-merit
factors, such as social group, race, religion, sex, physical or mental handicaps, or national
origin.,,83 The Detention Standards also state that detainees must receive monetary
compensation for work completed in accordance with the facility's standard policy. 84

The PCJ has implemented this section ofthe Detention Standards. PCl officials
informed the delegation that detainees are provided with work opportunities such as cleaning the
day room or assisting with laundry services. For these services, detainees are paid approximately
$4/week and $lO/week respectively. One detainee stated that detainees buff floors for 8 to 9
hours a day, seven days a week and are only compensated $5 for the week.
G.

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. 85
Translating assistance for both formal and informal grievances must be provided upon request. 86
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) "providin§ ·written responses to detainees who filed formal
grievances, including the baSis for the decision." 7 All grievances must receive supervisory
79

Jd. at Standard 3, Section lII.E.

80

Id. at Standard 17, Section 1.

81

Id. at Section III.A.

82

Id. at Section III.G.

83

Id. at Section III.F.

84

Id. at Section III.K.

85

Id. at Standard 8, Sections I. 8r. lILA.

·86

Id. at Sections IlIA I. & 2.

·87

Id. at Section 1.

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review, include guarantees against reprisal, and allow for appeals. 88 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
complamt about officer misconduct directly with the Department of Justice (including the
Department's phone number and address).89
The delegation has concerns regarding the· facility's implementation of this section
of the Detention Standards. The Handbook provides for an inmate grievance procedure.
However, as previously stated, several detainees never received the Handbook; therefore, many
of the detainees were not aware that such grievance procedures exist. According to the staffin
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. The guards will then attempt to resolve the
issue if sufficiently minor. Otherwise, the detainee may be brought to the Ombudsman Office to
speak with a member of the staff. The Office does make grievance forms available to the
detainees. Once these forms are filled out by the detainee, with assistance if necessary, the forms
are passed to the Ombudsman office. Again, the Office will attempt to solve the problem
without formal proceedings, by investigating the complaint and rneeting with the detainee.
Sometimes, the Office will also contact the detainee's attorney. If the Ombudsman Office is
unable to adequately to address the grievance, the form will be forwarded to administration.
With regard to appeals, the Office stated that they do have an appeal procedure in place whereby
detainees are able to appeal directly to administration. If the issue concerns ICE serviceS, the
Office will forward the grievance to the ICE.
Despite the Handbook's brief description of the policy, individual detainees were not
familiar with their rights or options in this area. Most of the interviewees had never attempted to
file a formal grievance and some did not know whom to contact should they want to file a
grievance. One detainee did have experience with the formal grievance procedure and he stated
that it can take up to a month to receive a response. Even informal grievances do not receive
prompt responses from PCJ personnel. As one detainee explairied, even when informal
grievances are made to the officers, the stock response is, "we will see," with no follow up.
Moreover, it does not appear that translating assistance is available for either formal or
informal grievances. Even if it is available, detainees are unaware of this option. Finally,
although the Handbook provides for a grievance procedure, the Handbook does not provide the
procedures for appealing decisions to ICE or the opportunity to file a complaint about officer
misconduct directly with the Justice Department.

H.

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. 90 According to the Detention Standards, these "opportunities will exist for all equally,
88

Id.at Sections 1. & III.C.

89

Id., at Section III.G.

90

Id. at Standard 14, Section 1.

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LATHAM&WATKINSllP
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.,,91 Moreover, a facility's staff shall
make "all reasonable efforts to accommodate" special food services required by a detainee's
particular religion.92 Detainees in confinement must also be permitted to participate in religious
.
practices, consistent with the safety, security, and orderly operation of the facility.93

PCJ has not fully implemented this section of the Detention Standards. According to
PCl personnel, services are available on weeknights, two or three times per week. Christian
church services are available throughout the day on Saturday and during the first shift on
Sunday. The officers also indicated that at least one service per week is provided for the
following faiths: Protestant, Muslim, Catholic, Christian Scientist, and lewish. Additionally,
PCl staff informed the delegation that requests can be submitted if a desired religious service is
not provided. Detainees are also permitted to pray in their cell blocks. However, for security
reasons, detainees are not able to wear religious clothing except in the chapel. If a detainee
requires special clothing or other objects for prayer, officers will provide these items when the
detainee is praying in the chapel. With regard to dietary restrictions due to religious beliefs, PCl
officers claim that they do accommodate dietary requests, providing either kosher or vegetarian
meals.
During interviews with detainees, however, the delegation discovered several
inconsistencies with regard to how often religious services are provided. In contrast to the
statements by the PCl officers and the Handbook,94 detainees stated that each service was
offered once every two weeks. Also, there are times when a detainee will request to attend
religious services, but hislher request is not honored. Since services are not offered every day,
one detainee attempted to pray with a group of Muslims in the day room, but there is not enough
space to do so. Several interviewees stated that detainees are not permitted to wear religious
clothing at any time and one detainee stated that he came to PCl with a Bible, but that the Bible
. was confiscated upon his arrival and kept with his personal possessions to which he does not
have access. Another detainee complained that his dietary requests have not been honored. The
detainee said he is often given pork, despite his repeated reminder to the guards that he is
Muslim and cannot eat it. When he complains, he is given a vegetarian meal, but the portions
are small.

I.

Clothing and Personal Hygiene

The Detention Standards require regular exchange of clothing, bedding, linens and
towels. 95 At a minimum, underwear should be exchanged daily, outer garments should be
91

Id. at Section I.

92

Id. at Section m.M.

93

Id.at Section III.O.

94

PCJ, Inmate Handbook, p. 31.

95

Id. at Standard 10, Section lILA.·

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LATHAM&WATKI NSllP

exchanged at least twice weekly and bedding, linens and towels should be exchanged at least
weekly.96
The Passaic County Jail fails to meet these standards. One detainee indicated that,
while the official schedule provides for twice weekly laundering of outer garments, bedding,
linens and towels, one ofthe two weekly exchanges often is skipped. Another detainee indicated
that he thought the official schedule for linen washing was once a week. This feedback was
corroborated by one of the facility's officers, who indicated that laundry exchange occurred
"once. or twice" a week. Finally, one detainee indicated that because the laundry facilities are in
the day room, other people "help themselves" to the clean laundry, leaving him with older
clothing that often does not fit.
As to the temperature appropriateness of the outer garments provided to detainees,
detainees and staff alike indicated that the same outer garments are worn year round, but that
during the colder months inmates are given jackets during their outdoor recreation time. One
detainee indicated that he had only been given one set of outer garments, leaving him with
nothing to wear while his clothes were being laundered. He noted that it was not only
embarrassing that he was forced to wrap himself in a sheet while his clothes were at the laundry,
but it was also an impediment to his attendance at group rights presentations and to his
participation in recreational activities. Officers at the facility indicated that long underwear is
. available for purchase at the commissary.

J.

Educational Opportunities

The Detention Standards do not expressly address the question of educational
opportunities for detainees. The Passaic County Jail does include a classroom which offers GED
and "advanced learning" Classes. However, officers were able to provide little information
regarding what constituted "advanced learning" (i.e. they couid not confirm whether the facility
offered drug and alcohol treatment programs, English classes, etc.). Officers added that the
classroom and library were stocked with educational video and audio tapes focused on
rehabilitating inmates, and that a "mobile library" circulated around the Jail to provide detainees
with an opportunity to check out books even if they cannot easily get to the classroom.
It appears that detainees at the Passaic County Jail are not reaping the full benefit of the
facility's educational opportunities, in part because of an inadequate response to language
barriers. One detainee, a native French speaker from Mali, was unaware of the facility's
educational opportunities. Another detainee laughed when asked about classes and claimed they
did not exist. The Jail's educational opportunities are mentioned in the Handbook, but, as
described above, two detainees indicated in their interviews that they had never received the
Handbook, and another, who spoke English but was illiterate, indicated that he had never
received assistance in reviewing the information contained in the Handbook. This same inmate
also said that his requestto participate in drug and alcohol treatment programs had not been
honored.

96

Id. at Section III.E.

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K.

ICE Presence at the Facility

Officers at the facility asserted that ICE staff are present almost daily to speak with
detainees.
Officers at the Jail also indicated that they 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, it takes approximately a month to receive any
sort of response.

21
NY\939285.2 "