10 April 2006

MEMORANDUM
DATE

April 10, 2006

TO

John P. Torres, Acting Director, Office of Detention and Removal, Immigration and
Customs Enforcement

CC

b6

ABA Commission on Immigration

FROM

American Bar Association Delegation to the San Diego Contract Detention Facility1

RE

Report on Observational Tour of the San Diego Contract Detention Facility

This memorandum summarizes and evaluates information gathered at the San Diego Correctional Facility
(the “Facility”), which is a medium-maximum security facility that is operated by Corrections
Corporation of America (“CCA”) under contract for Immigration and Customs Enforcement (“ICE”),
during the delegation’s December 9, 2005 visit to the Facility. The information was gathered via the
delegation’s observation of the Facility, interviews with twelve detainees,2 as well as discussions with
Facility and ICE staff.
I.

ICE DETENTION STANDARDS

In November 2000, the Immigration and Naturalization Service (“INS”)3 promulgated the INS Detention
Standards (the “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 and food service. These Standards apply
to ICE-operated detention centers and other facilities that house immigration detainees pursuant to a
contract or intergovernmental service agreement (“IGSA”).
The Standards went into effect at ICE-operated detention facilities on January 1, 2001. ICE intended to
phase in the Standards at all of its contract and IGSA facilities by December 31, 2002. The Standards
constitute a “floor” rather than a “ceiling” for the treatment of immigration detainees. In other words,
they are designed to establish the minimum requirements to which ICE must adhere in its facilities. Each
Field Office or Officer-in-Charge (“OIC”) has discretion to promulgate polices and practices affording
ICE detainees more enhanced rights and protections, beyond those provided for by the Standards.
II.

INTRODUCTION
A.

The Delegation’s Visit, December 9, 2005

1

The delegation was comprised of attorneys, law clerks and legal assistants from the Newport
b6
b6
b6
Beach office of Dechert LLP, including
b6
b6
and
b6

2

Delegation members interviewed the following detainees:
b6, b7C
b6, b7C
b6, b7C
b6, b7C ,
b6, b7C
b6, b7C
b6, b7C
and
b6, b7C

3

b6, b7C

,

b6, b7C
b6, b7C

,

b6, b7C

,

b6, b7C

b6, b7C

Effective March 1, 2003, the INS ceased to exist as an agency of the Department of Justice. The
INS’ immigration enforcement functions were previously transferred to ICE, a division of the
newly-created Department of Homeland Security (“DHS”).

On Friday, December 9, 2005, our delegation met with several members of the Facility’s staff and ICE’s
b6
b6, b7C
assistant OIC, Officer
Prior to touring the Facility, Officer b6, b7C and Mr.
, the
Technical Representative of CCA Contracting Officers, provided an overview of the Facility and
b6, b7C
answered general questions about the Facility. Assistant Warden
and Officer b6, b7C led
our delegation on a tour of the Facility. Officer b6, b7C participated in post-tour follow-up discussions.
b6, b7C
The delegation also met with other Facility staff along the tour, including Officer
the
chief officer at the Facility of the U.S. Public Health Service (“PHS”). The delegation appreciates the
cooperation of these individuals. They were direct and accommodating during our tour of the Facility.
Our report is based on the discussions we had with the staff of the Facility and ICE, as well as
observations of the Facility and interviews with twelve immigration detainees, including one detainee
who stated he was voluntarily in the segregation unit due to his dissatisfaction with the manner in which
the Facility’s staff managed violence and gang activity among the detainee population.4 In some
instances, the detainees’ reports were compatible with statements made by Facility staff and/or our
observations. In such cases, the delegation was able to more accurately determine whether the Facility
successfully meets the Standards. In certain instances, however, the detainees’ reports conflicted with
statements made by Facility staff. Where we were unable to verify the conflicting reports, the delegation
was unable to conclusively determine whether Standards are met.
B.

General Information About the San Diego Contract Detention Facility

The Facility is a medium-maximum security facility that houses federal immigration detainees according
to a contract with ICE. According to Officer b6, b7C the Facility has the capacity to hold 1,300 detainees,
including 1,000 ICE detainees and 300 United States Marshal inmates. The United States Marshal
inmates are housed at Pod B.5 On the day of the delegation’s tour, the Facility had a population count of
approximately 945 detainees.6
Per Diem paid to the Facility by ICE is approximately $56 per detainee per day for up to 900 detainees
and approximately $92 per day for each subsequent detainee.7 The Facility houses mostly males – at the
time of our visit, approximately 170 women were housed there.8
Individuals who do not contest their cases are detained for approximately five business days at the
Facility.9 Contested cases take longer–anywhere from a few days for Mexican nationals to approximately
two weeks for individuals of Central American nationalities to more than two weeks for detainees of other
nationalities.10

III.

LEGAL ACCESS STANDARDS

4

Notes of delegation member

5

Notes of delegation member

on conversation with Officer

6

Notes of delegation member

on conversation with Mr.

7

Notes of delegation member

on conversation with Mr.

8

Notes of delegation member

on conversations with Officer

9

Notes of delegation member

on conversation with Officer

10

Notes of delegation member

on conversation with Officer

on conversation with detainee

b6

b6, b7C

b6, b7C

b6
b6
b6, b7C

b6, b7C

2

and Mr.

b6

A.

Legal Access/Visitation
1.

Visitation by Attorneys

The Standards suggest that facilities permit legal visitation seven days per week.11 Attorneys should
have access to their clients eight hours per day during the week and four hours per day during the
weekend.12 The visits must be private, and should not be interrupted for head counts.13 If legal visits
proceed through a scheduled meal, the detainee shall receive a meal after the visit.14 Facilities should
establish a procedure by which attorneys may call to determine whether a detainee is housed in a
particular facility.15 Detention centers should permit visits from attorneys, other legal representatives,
legal assistants, and interpreters.16
The Facility has not fully met this section of the Standards; conversations in the contact visit rooms
may be overheard, and non-segregated detainees who miss meals to meet with attorneys are not
given food following the meeting as required by the Standards. Attorneys may visit the detainees
between the hours of 8:00 a.m. and 9:45 p.m. daily and at other times by request, and they may conduct
telephone conferences with their clients.17 Detainees indicated it is common for visitors (attorneys and
personal) to wait long periods of time to see a detainee.18
Each pod has two attorney visitation booths.19 All attorney visits are contact visits, unless special
circumstances warrant a non-contact visit.20 During a contact visit, there is only a table between the
detainee and the attorney. 21 The contact interview rooms are approximately eight feet by fifteen feet,
with glass observation windows approximately half-way down from the ceiling on one exterior wall.22
Each room has two separate entrances, one for each side of the interview table.23 Conversations in the
contact interview rooms are not necessarily private; both doors have approximately 1 – 1¾" clearances
between the concrete floor and the bottom of the doors, allowing conversations in the interview rooms to
11

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

12

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

13

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.9.

14

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

15

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.6.

16

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.3.

17

Facility Inmate/Detainee Admission and Orientation Handbook (Rev. August 2005) (the
“Handbook”), p. 9; observation of a lobby sign by delegation member Christine Wessel.

18

Notes of delegation members
b6, b7C
and

and

b6

b6

on conversations with detainees

b6, b7C

19

Observation of delegation member

20

b6
Notes of delegation member
on conversation with Officer b6, b7C . Non-contact
visits may be conducted for medical reasons and with detainees who are housed in a segregation
unit.

21

Observation of delegation member

22

Observation of delegation member

23

Observation of delegation member

b6

b6

b6

3

be clearly overheard from the outside.24 Frequent interruptions by Assistant Wardens may cause visits to
be cut short.25
According to Facility staff, attorney visits are permitted during mealtime and through head counts, and
the kitchen will provide a regular meal to the detainee should the meeting continue through a meal.26
With the exception of the detainee housed in the segregation unit, however, detainees reported that the
kitchen will not provide a regular meal to a detainee whose meeting continues through a meal.27
Specifically, if a detainee is visiting with an attorney and it is mealtime, recreation time or law library
time, the detainee must choose between either the meal/recreation/law library time or the attorney visit.28
If the detainee chooses the attorney visit, no makeup meal or recreation/law library time is provided;
rather, such time is forfeited.29 The detainee who was housed in the segregation unit stated that he has
been provided meals he missed during meetings with an attorney upon return to his unit.30
We received conflicting reports on whether detainees are subject to strip searches after attorney visits –
information provided by Facility staff differs from the information the detainees provided during
interviews. The Handbook states that a visual strip search will occur after any contact visit, including
attorney visits.31 Facility staff stated that detainees are subject only to a pat down search after a legal
contact visit.32 However, one detainee stated that he generally is subject to a strip search after a legal
contact visit;33 while another detainee stated that the searches that the guards perform following visits
with attorneys are not strip searches.34 During the searches, guards sometimes take detainees’ legal

24

Observations of delegation member

25

Notes of delegation members
.
b6, b7C

26

Notes of delegation member

27

Notes of delegation members

.

b6

b6

and

on conversation with detainee

on conversation with Officer

b6
b6

b6

and

b6

b6, b7C

on conversation with detainee

b6, b7C

28

Notes of delegation member
b6, b7C
and

b6

on conversation with detainees

b6, b7C

29

Notes of delegation member
and
b6, b7C

b6

on conversation with detainees

b6, b7C

30

Notes of delegation member

b6

on conversation with detainee

31

Handbook, p. 5.

32

Notes of delegation member

33

b6, b7C
b6
Notes of delegation member
on conversation with detainees
Other detainees reported having heard of strip searches after attorney visits. Notes of delegation
b6, b7C
b6
member
on conversation with detainee
; notes of delegation
b6
b6, b7C
b6, b7C
member
on conversation with detainees
and

on conversation with Officer

b6

b6, b7C

b6, b7C

b6, b7C

34

Notes of delegation members

b6

and

b6, b7C

4

b6

on conversations with detainee

papers.35 The Handbook states that attorneys may bring legal materials to a detainee during a visit, which
an officer may search for contraband, in the presence of the detainee, but will not read.36
2.

Visitation by Family and Friends

The Standards suggest that facilities establish written visitation hours and procedures, and make them
available to the public.37 The visiting area is to be “appropriately furnished and arranged, and as
comfortable and pleasant as practicable.”38 Visiting hours shall be set on Saturdays, Sundays, and
holidays, and the Standards encourage facilities to accommodate visitors at other times when they are
facing a particular hardship.39 Visits should be at least thirty minutes long, and longer when possible.40
The Facility has not fully met this section of the Standards; visitors wait for extended periods and
have been mistreated while waiting. Family and friends are allowed to visit detainees; the visits are
generally limited to sixty minutes.41 Contact visits are not allowed for non-attorney visitors.42 Detainees
complained that it “takes too long to get people in,”43 and that visitors must often wait hours to do so.44
The waiting room becomes crowded and some visitors must wait in an outdoor courtyard without shade
(except for one table umbrella).45 Visitors who do not remain in the visiting room or courtyard lose their
place in line.46 One detainee said that visitors are denied free ingress and egress from the courtyard that
abuts the waiting room during their wait.47 Another detainee indicated visitors are currently being denied
access to the restrooms and drinking fountain.48
One detainee reported that due to terrible waiting conditions for visitors, including the preceding
comments as well as lack of seating, and their mistreatment by guards, he has requested his family to no

35

Notes of delegation members

b6

and

b6

on conversations with detainee

b6, b7C

36

Handbook, p. 9.

37

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

38

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

39

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

40

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

41

Notes of delegation member

42

Notes of delegation member

on conversation with detainee

b6
b6

on conversations with detainees

b6, b7C
b6, b7C

and

b6, b7C

43

44

45

Notes of delegation member
notes of delegation member
Notes of delegation members
and
b6, b7C

b6
b6
b6

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

b6

on conversations with detainees

b6, b7C

Notes of delegation member

on conversation with detainee
b6, b7C

b6

46

Notes of delegation member

47

Notes of delegation member

48

Notes of delegation member

b6, b7C

on conversation with detainee
on conversation with detainee

b6

on conversation with detainee

b6

5

b6, b7C
b6, b7C

longer visit him at the Facility.49 Another detainee similarly reported that his visitors (his wife and a
female relative) were at times mistreated and insulted while waiting to see him; for example, guards made
comments about the physical appearance of this wife.50
Non-contact visits take place using a telephone system, and are often cut short because phone lines in the
visiting rooms malfunction during visits.51
B.

Telephone Access
1.

General Requirements

The Standards require that facilities provide detainees with reasonable and equitable access to telephones
during established facility waking hours.52 In order to meet this requirement, facilities must provide at
least one telephone for every twenty-five detainees.53 The Standards also require that telephone access
rules be provided in writing to each detainee upon admittance, and that the rules be posted where
detainees may easily see them.54
The Facility appears substantially to meet this portion of the Standard, although telephone access is
impaired by telephone malfunctions. Delegation members toured Unit J, a unit of the Facility for
female detainees.55 Each housing unit has its own set of phones.56 Specifically, there are two banks of
phones per pod, and each bank houses four phones.57 In Unit J, the number was approximately one phone
per eleven detainees.58 Phone service is provided by Pacific Bell and Navigant.59 The telephones are
accessible during open dayroom periods.60
Generally, a few phones at a time do not work or malfunction, and the phones that work often have poor
connections, making it difficult for detainees to hear or be heard.61 As a result, one detainee reported that
49

Notes of delegation members

b6

and

on conversation with detainee

b6

b6, b7C

50

Notes of delegation member

51

Notes of delegation member

on conversation with detainee

b6

on conversations with detainees
b6, b7C
and

b6
b6, b7C

b6, b7C

b6, b7C
b6, b7C

52

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

53

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

54

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

55

Observation of delegation member

56

Observation of delegation member

57

Notes of delegation member

b6
b6

on conversations with Mr.

b6

b6

and detainee

b6, b7C

b6, b7C

58

Observation of delegation member

59

Notes of delegation member

60

Observation of delegation member

61

Notes of delegation members
b6, b7C

b6

on conversation with Mr.

b6

b6

b6
b6

and
6

on conversations with detainees

b6
b6, b7C

b6, b7C

and

b6, b7C

there is often a line to use the phones.62 Typically, detainees have to wait a few minutes to use the
phones, although the wait at times may be up to two hours.63
Telephone access in segregation units is more restricted.64 In such units, portable telephones are brought
on wheeled platforms for sharing by Tier 1 and Tier 2 detainees on alternate days.65 The telephones are
frequently out of order, effectively denying telephone access to detainees in segregation (see below,
Special Management Unit).66
The detainees are able to use the phones at the Facility to make free pre-programmed calls.67 However,
since pre-programmed calls often do not go through, it is often easier for detainees to make phone calls
using calling cards than it is for them to make free pre-programmed calls.68 Detainees may purchase and
use prepaid calling cards at the Facility to make long distance telephone calls;69 however, they lose calling
card credits as a result of calls frequently being disconnected.70
Instructions regarding usage of the phones are posted near the phones.71 In Unit J, phone numbers of
local consulates are posted on a large bulletin board, along with information on phone rates, instructions
on how to call the Immigration Court Information Center, a list of pro bono legal service providers and a
phone number to call in case of mistreatment or to lodge a complaint.72
2.

Direct Calls and Free Calls

The Standards allow facilities to generally restrict calls to collect calls;73 however, the facility must permit
detainees to make direct calls to the local immigration court and the Board of Immigration Appeals,
federal and local courts, consular officials, legal service providers, government offices, and to family
members in case of emergency.74 The facility shall not require indigent detainees to pay for these types
of calls if they are local, or for non-local calls if there is a compelling need.75 In addition, the facility
62

Notes of delegation member

63

Notes of delegation members
.
b6, b7C

64

Notes of delegation member

65

Notes of delegation member

66

Notes of delegation member

67

Notes of delegation member
b6, b7C

68

Notes of delegation member

on conversation with detainee

b6
b6

and

b6

b6, b7C

on conversation with detainee

on conversation with detainee
b6

on conversation with detainee

b6, b7C

on conversation with detainee
b6
b6, b7C
b6

on conversations with detainees
and
b6, b7C

b6, b7C

on conversations with detainees

b6, b7C

b6, b7C

69

Notes of delegation member

on conversation with detainee
b6

b6, b7C

70

Notes of delegation member

71

Observation of delegation member

72

Observation of delegation member

73

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

74

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

75

Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
7

on conversation with detainee
b6

and

“shall enable all detainees to make calls to the [ICE]-provided list of free legal service providers and
consulates at no charge to the detainee or the receiving party.”76
It is unclear whether the Facility meets this section of the Standards. The information provided by
Facility staff and in the Handbook regarding phone conversations with attorneys differs from the
information that some of the detainees provided during the interviews.77 According to the
Handbook, an inmate must request an unmonitored phone call with his or her attorney from a Counselor
in advance.78 For detainees in the regular units, telephone calls with attorneys must be made from the
telephone in the Counselor’s office.79 Detainees reported that requests to have private phone
conversations in the Counselor’s office are often approved or denied arbitrarily by the unit manager in
charge, particularly Unit Manager b6, b7C 80 On average, detainees wait five hours to call their attorneys
after submitting requests to do so to the Facility.81
The Standards suggest that the facility ensure privacy for detainees’ telephone calls regarding legal
matters.82 The Handbook and Facility staff state that staff do not monitor detainees’ calls with their
attorneys if such calls are not made through the regular inmate phones.83 Detainees reported that phone
conversations with attorneys were monitored and/or recorded by Facility staff, whether they take place on
regular inmate phones or in the Counselor’s office.84
One detainee stated that he generally does not encounter problems when trying to contact his attorney by
phone.85 Others reported that phone connections at the Facility are inconsistent,86 and that telephone calls
are frequently dropped or disconnected.87 When detainees attempt to call out, they frequently receive
recorded messages that all circuits are busy.88 These problems make it difficult for detainees to contact
76

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

77

Notes of delegation member

78

Handbook, p. 9.

79

Notes of delegation member

.

b6

on conversations with detainee
b6

b6, b7C

80

Notes of delegation member
b6, b7C
and

81

Notes of delegation member

82

Detention Operations Manual, Detainee Services, Standard 16, Section J.

83

Handbook, p. 9; notes of delegation member

84

b6
b6
Notes of delegation member
and
on conversations with detainees
b6, b7C
b6, b7C
,
; notes of
b6, b7C
b6, b7C
b6, b7C
b6
delegation member
on conversations with detainees
, b6, b7C
b6, b7C and
; notes of delegation member
on conversations with
b6, b7C
b6
b6, b7C
b6, b7C
detainees
and
b6, b7C

85

Notes of delegation member

b6

on conversation with detainee

86

Notes of delegation member

b6

on conversations with detainees

b6, b7C

87

88

b6, b7C

on conversations with detainees
on conversation with detainee

b6

and

Notes of delegation member
b6, b7C
,
b6, b7C

and

Notes of delegation member
,
b6, b7C
b6, b7C

and

b6

b6

b6, b7C

b6

b6, b7C
b6, b7C

b6, b7C

on conversations with detainees

b6, b7C

b6, b7C

on conversations with detainees
b6, b7C

8

b6, b7C

their attorneys.89 Some detainees reported having been disconnected during telephone conversations with
their attorneys.90 A detainee in the segregation unit reported that the telephone in his unit rarely works,
and that the Facility has not been prompt in getting repairs done when necessary. 91
If the minutes on a detainee’s phone card are depleted while the detainee is having a telephone
conversation with his or her attorney, the detainee may have to wait up to one week to call again, since
detainees are permitted to purchase phone cards on one designated day per week.92
3.

Incoming Calls and Messages

The Standards suggest that facilities take and deliver messages from attorneys and emergency incoming
telephone calls to detainees as promptly as possible.93 If the Facility receives an emergency telephone
call for a detainee, the Standards suggest that the Facility obtain the caller’s name and number and permit
the detainee to return the emergency call as soon as possible.94
The facility meets this Standard. Facility staff informed us that they will take and deliver to the
detainees messages from attorneys and messages regarding emergency phone calls as the calls are
received95 and that detainees who request to return emergency phone calls are permitted to do so at no
charge..96
4.

Telephone Privileges in Special Management Unit

The Standards provide that detainees in the Special Management Unit (“SMU”) for disciplinary reasons
shall be permitted to make direct and/or free calls, except under compelling security conditions.97
Detainees in the SMU for other than disciplinary reasons shall have telephone access similar to that of
detainees in the general population, but consistent with safety and security concerns in these units.98
The facility does not appear to meet this Standard. The detainee in the segregation unit reported that
the only telephone in the segregation unit rarely works and that repairs have not been made promptly.99
C.

89
90

Access to Library and Legal Material

Notes of delegation member

on conversation with detainee

b6, b7C

b6

Notes of delegation member
b6, b7C
and

b6, b7C

on conversations with detainees
.

91

Notes of delegation member

92

Notes of delegation member

93

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

94

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

95

Notes of delegation member

b6, b7C

on conversation with detainee

b6
b6

b6, b7C

on conversation with detainee

b6, b7C

on conversation with Officer
b6

b6, b7C

96

Notes of delegation member

97

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

98

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

99

Notes of delegation member

on conversation with Officer

b6

on conversation with detainee
9

b6, b7C

.

All facilities with detainees “shall permit detainees access to a law library, and provide legal materials,
facilities, equipment and document copying privileges, and the opportunity to prepare legal
documents.”100
1.

Library Access

The Standards suggest that each facility shall have a flexible schedule for law library use that permits all
detainees, regardless of housing or classification, to use the law library on a regular basis.101
Additionally, each detainee shall be permitted to use the law library for a minimum of five hours per
week.102
The Facility does not fully meet this section of the Standards; access for general population
detainees as well as those in segregation is unduly limited. Access time to the law library is
inadequate.103 Detainees reported that they had to choose between recreation time and library time,104
although one detainee reported that he was able to participate in both.105 At one time, the library was
closed to immigration detainees for over a month so that it could be used exclusively by U.S. Marshal
inmates.106
Facility staff stated that detainees in segregation units are permitted to visit the law library.107 According
to the Handbook, detainees in segregation units may request legal materials from the library.108
However, the detainee who currently resides in the segregation unit reported that he does not have access
to the law library, although he was told in August 2005 by an ICE official named b6, b7C that the
policy would be changed to grant segregated detainees access to the law library.109 As of the date of our
visit in December 2005, this detainee had not been permitted to visit the law library, in spite of multiple
requests to do so.110 The detainee reported that he is permitted to request specific volumes from the
library, but that delays in receiving the requested volumes impair his ability to adequately defend
himself.111 Another detainee who had previously been placed in the segregation unit reported that while
he was in the segregation unit the Facility did not permit him to use the law library.112
100

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

101

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

102

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

103

Notes of delegation member

104

Notes of delegation member
b6
delegation member

105

Notes of delegation member

on conversation with detainee

b6
b6

on conversation with detainee
on conversation with detainee
b6, b7C

b6

on conversations with detainee

b6

on conversation with detainee

b6, b7C

notes of

b6, b7C

b6, b7C

b6, b7C

106

Notes of delegation member

107

Notes of delegation member

108

Handbook, p. 7.

109

Notes of delegation member

on conversation with Officer

b6

on conversation with detainee
b6

110

Notes of delegation member

111

Notes of delegation member

112

Notes of delegation member

b6, b7C

b6, b7C

on conversation with detainee
on conversation with detainee

b6
b6

on conversation with detainee
10

b6, b7C
b6, b7C

According to the Handbook, detainees in the general population units are permitted to use the law library
for five hours per week and can request additional time, which is granted on a case-by-case basis with
priority given to detainees who have impending court dates. 113 The detainees whom we interviewed were
aware that they are entitled to five hours in the library per week, but they stated that they are usually able
to spend only three to three-and-one-half hours in the library per week—the time is cut short by the
fifteen to twenty minutes it takes to get to the library and back to the units, and the time it takes to check
disks in and out.114 One detainee said that the fifteen to twenty minutes “is like gold to us.”115
One detainee who had gone on several hunger strikes reported that the Facility prevents detainees from
accessing legal materials if they participate in hunger strikes.116
2.

Library Conditions

The Standards require that a facility provide a law library with sufficient space to facilitate detainees’
legal research and writing.117 Furthermore, it must be large enough “to provide reasonable access to all
detainees who request its use. It shall contain a sufficient number of tables and chairs in a well-lit room,
reasonably isolated from noisy areas.”118
The Facility meets this section of the Standards. The Facility provides a law library that is sufficiently
lit and well-isolated from noise and foot traffic.119 The law library contains fourteen chairs and several
desks in addition to those for computer use.120
3.

Materials Identified in the Detention Standards

The Standards state that all facility law libraries should contain the materials listed in an attachment to the
chapter on Access to Legal Materials, entitled “List of Legal Reference Materials for Detention
Facilities.” These materials must be updated regularly, and information on significant regulatory and
statutory changes regarding detention and deportation of aliens must be added in a timely manner.121
Damaged or stolen materials must be promptly replaced.122
The Facility has not fully met this section of the Standards; materials are missing or outdated.
Reference materials at the law library are outdated and incomplete, and legal materials and dictionaries

113

Handbook, p. 7.

114

Notes of delegation members
b6, b7C

b6

and

b6, b7C
b6, b7C

b6, b7C

and

on conversations with detainees
b6, b7C

115

Notes of delegation member

116

Notes of delegation member

117

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

118

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

119

Observations of delegation member

120

Observation of delegation member

121

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

122

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

on conversation with detainee

b6
b6

on conversation with detainee

b6
b6

11

b6, b7C
b6, b7C

are frequently checked out by ICE staff.123 The following items from the List of Legal Reference
Materials for Detention Facilities could not be found or were outdated at the time of our tour of the
Facility’s library:124
•

Constitution of the United States of America: Analysis and Interpretation – The volume
contained in the library is from 1992, and at least one updated version exists

•

Considerations for Asylum Officers Adjudicating Asylum Claims From Women – Not available

•

Immigration and Naturalization Service Basic Law Manual – Not available

The detainees whom we interviewed were aware of the immigration law materials in the law library.125
At least two detainees reported that the immigration materials in the law library were out of date.126
When one detainee filed a grievance regarding the currency of the materials in the library, the Facility
denied that the materials were out of date.127 Most library materials are not provided in a Spanish
translation,128 although an English-to-Spanish dictionary is available in the library.129
The Handbook and facility staff state that detainees can obtain materials that are not available in the law
library by submitting a written request to the law librarian, who in turn submits the request to Officer
30
b6, b7C
This includes legal materials that are not on the Detention Standards list.131 Lexis CDs are
available at the library, which are updated once every three months.132 It may take up to five months to
update Lexis CDs, however.133 It is not uncommon for the Lexis CDs to be missing for weeks at a
time.134 Detainees are not able to Shepardize cases with the available CDs.135 Research related to
criminal convictions is not permitted,136 even in connection with issues related to immigration.137 Several
123

Notes of delegation member

124

Observation of delegation member

125

Notes of delegation member
b6, b7C

126

Notes of delegation member

on conversation with detainee

b6

b6, b7C

b6

on conversations with detainees
b6, b7C
and

b6
b6, b7C
b6

b6, b7C

on conversation with detainees

b6, b7C

and

b6, b7C

127

Notes of delegation member

on conversation with detainee

b6, b7C

b6

128

Notes of delegation member

129

Observation of delegation member

130

Handbook, p. 7; notes of delegation member
b6
and of
on conversation with Officer

on conversation with detainee

b6, b7C

b6
b6

on conversation with Facility staff,

b6, b7C

131

Notes of delegation member

132

Notes of delegation member

on conversation with law librarian

133

Notes of delegation member

on conversation with detainee

134

Notes of delegation member

on conversation with Officer b6, b7C

b6

on conversation with detainee

b6

b6, b7C
b6, b7C

b6

135

Notes of delegation member

on conversation with detainee

136

Notes of delegation member

on conversation with detainee

137

Notes of delegation member

on conversation with detainee

b6, b7C

12

b6, b7C

.

detainees reported that the Lexis CDs do not contain many of the cases that are cited against them during
their proceedings.138
4.

Computer Access, Equipment and Holdings

The Standards require that facility law libraries provide an adequate number of typewriters and/or
computers, writing implements, paper, and office supplies to enable detainees to prepare documents for
legal proceedings.139
The Facility does not fully meet this section of the Standards. The library provides access to five
computers, three typewriters, a laser printer and a copier.140 The computers in the library are old and have
viruses that corrupt the detainees’ disks,141 three of the computers are inoperable,142 and only one
typewriter functions properly.143 Detainees reported that there are not enough computers and typewriters
to accommodate the detainees.144 With regard to the computers, however, facility staff noted that they had
purchased and were getting ready to install two new computers.145
The Facility does not provide replacement disks to detainees whose computer disks have deteriorated over
time, and detainees are not permitted to purchase new disks.146 The Facility stores the detainees’ disks in
a property room that detainees cannot access.147 Files stored on the detainees’ disks are unprotected and
not private.148 Files on detainees’ disks often become corrupted and unrecoverable.149 It is not

138

Notes of delegation member

on conversations with detainees

b6

b6, b7C

and

b6, b7C

139

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

140

Observations of delegation member

141

Notes of delegation member
b6, b7C

b6, b7C

142

Notes of delegation member

143

Notes of delegation member

on conversations with detainees

b6

and

b6, b7C

144

b6

on conversation with detainee

b6

b6, b7C

on conversation with detainees

b6

and

b6, b7C

Notes of delegation members
delegation member
b6

b6, b7C

b6, b7C

b6, b7C

b6, b7C

b6, b7C
on conversation with detainee
notes of
on conversations with detainees
and b6, b7C
b6, b7C

b6

b6, b7C

145

Notes of delegation members
Officer b6, b7C

146

Notes of delegation member
b6, b7C

Notes of delegation member
delegation member
b6

148

Notes of delegation member

149

b6

b6, b7C

147

Notes of delegation member

and

b6

b6

on conversation with

on conversations with detainees

b6, b7C

b6, b7C

on conversation with Officer b6, b7C notes of
on conversation with detainee
b6, b7C
b6

b6
b6

on conversation with law librarian
on conversation with detainee
13

b6, b7C

b6

uncommon for files to be missing from detainees’ disks after being stored by the Facility for long periods
of time.150
Detainees are permitted to print an unlimited number of pages.151 However, detainees may not directly
print or copy documents; rather, they must ask the law librarian to do so.152 Since such requests are often
made at the end of a detainee’s library session, it is common for the law librarian to not have enough time
to print or copy all requested documents, and these materials are not set aside or delivered
subsequently.153
One detainee in segregation reported that because he no longer has access to computers, typewriters or
word processing equipment, he must hand write all pleadings.154
The law librarian has discretion whether to provide writing implements, paper and office supplies.155
Detainees must be indigent for thirty days before the Facility provides writing paper, writing implements,
or envelopes to them free of charge.156 This is the case even if the detainee arrives at the Facility without
any money, so the detainees must wait 30 days before they are able to obtain writing supplies.157
5.

Assistance From Other Detainees

The Standards suggest that facilities shall permit detainees to assist other detainees in researching and
preparing legal documents upon request, except when such assistance poses a security risk.158 Detainees
are not permitted to charge a fee for assistance.159
The Facility meets this section of the Standards. Detainees may assist other detainees in researching
and preparing legal documents.160 Some detainees, however, seek compensation for doing so.161
6.

Photocopies

150

b6
Notes of delegation member
on conversations with detainees
b6, b7C
b6, b7C
and
see, e.g., “Loss of Personal Property Cla
detainee Victor Martinez at Attachment A.

151

Notes of delegation member

152

Notes of delegation member

on conversation with detainee

153

Notes of delegation member

on conversation with detainee

154

Notes of delegation member

on conversation with detainee

155

Notes of delegation member

on conversation with detainee

156

Notes of delegation member
b6, b7C
Handbook, p. 12

157

Notes of delegation member

b6

b6, b7C

on conversation with law librarian

b6

b6, b7C
b6
b6, b7C
b6, b7C

b6

on conversations with detainees

b6, b7C

and

b6

on conversations with detainees

b6, b7C

and

b6, b7C

158

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

159

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

160

Notes of delegation member
b6, b7C
b6, b7C
and

b6

on conversations with detainees

161

Notes of delegation member

b6

on conversation with detainee
14

b6, b7C

b6, b7C

The Standards provide that each facility shall ensure that detainees can obtain photocopies of legal
materials, when such copies are reasonable and necessary for legal proceedings involving the detainee.162
Enough copies must be provided so that a detainee can fulfill court procedural rules and retain a copy for
his records.163 Facility staff may not read a document that on its face is clearly related to a legal
proceeding involving the detainee.164
The Facility does not fully meet this Standard. There is no limit on the number of photocopies that a
detainee can request,165 and detainees may keep copies of legal documents with them.166 Detainees are
unable to make photocopies themselves; they must ask the librarian to copy documents for them.167 Since
such requests are often made at the end of a detainee’s library session, it is common for the law librarian
to not have enough time to copy all requested documents.168 The copy machine is often broken.169 This
frequent malfunctioning and the inability of detainees to copy materials themselves create unnecessary
delays for detainees who wish to conduct legal research and writing.170
D.

Group Rights Presentations

The Standards provide that facilities holding ICE detainees “shall permit authorized persons to make
presentations to groups of detainees for the purpose of informing them of U.S. immigration law and
procedures, consistent with the security and orderly operation of the IGSA facility.”171 Informational
posters are to be prominently displayed in the housing units at least forty-eight hours in advance of a
scheduled presentation.172 While the presentations are open to all detainees, the facility “may limit the
number of detainees at a single session.”173 “The facility shall select and provide an environment

162

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

163

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

164

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

165

Notes of delegation member
b6, b7C and
b6, b7C
.

166

Notes of delegation member
b6, b7C and
b6, b7C

167

Notes of delegation member
b6, b7C

b6, b7C

b6

on conversations with detainees

b6, b7C

b6

on conversations with detainees

b6, b7C

b6

and

on conversations with detainees

b6, b7C

b6, b7C

168

Notes of delegation member

b6

169

Notes of delegation members
b6, b7C
b6, b7C
and
conversations with detainees

b6
and
on conversations with detainees
; notes of delegation member
on
b6
b6, b7C
and
b6, b7C

170

Notes of delegation member

b6

b6, b7C

b6, b7C

on conversation with detainee

b6, b7C

b6

and

on conversations with detainees
b6, b7C

171

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

172

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

173

Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
15

b6, b7C

conducive to the presentation, consistent with security.”174 In addition, detainees shall have regular
opportunities to view an “INS-approved videotaped presentation on legal rights.”175
It is unclear whether the Facility meets this section of the Standards. The Handbook states that
“[e]ach weekday, ‘Refugee Rights: Know Your Rights’ is shown in all housing units in both English and
Spanish.”176 Facility staff stated that upon intake, the “Know Your Rights” video created by the Florence
Project is shown to each detainee and each detainee is given a copy of the Handbook.177 According to
Facility staff, no detainee has requested to see the “Know Your Rights” video at a time other than upon
intake.178 The detainees whom we interviewed had not heard of, nor seen, the “Know Your Rights”
video.179
IV.

OTHER PROVISIONS OF THE ICE DETENTION STANDARDS
A.

Correspondence and Other Mail

The Standards require that detainees be allowed to send and receive correspondence in a timely manner,
subject to limitations required for safety, security, and orderly operation of the facility.180 General
correspondence shall normally be opened and inspected for contraband in the presence of the detainee,
but may be opened and even read outside the presence of the detainee if security reasons exist for doing
so.181 Special correspondence—which includes all written communication to or from attorneys, legal
representatives, judges, courts, government officials, and the news media—is treated differently.182
Incoming special correspondence can be inspected for contraband only in the presence of the detainee, but
it can never be read or copied.183 Outgoing special correspondence cannot be opened, inspected, or
read.184 The Standards require that writing paper, writing implements, and envelopes be provided at no
cost to detainees.185 The Standards also require that facilities provide indigent detainees with free
envelopes and stamps for mail related to a legal matter, including correspondence to a legal
174

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

175

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

176

Handbook, p. 9.

177

Notes of delegation member

b6

and

b6

on conversation with Officer

b6

on conversations with Officer

b6, b7C

178

Notes of delegation member

179

Notes of delegation members
b6, b7C
b6

and
conversations with detainees
b6, b7C

b6

b6, b7C

b6, b7C

delegation member
b6, b7C

on conversations with detainees
b6, b7C
and
notes of
b6, b7C
b6, b7C
on conversations with detainees
b6
b6, b7C
notes of delegation member
b6, b7C
,
and b6, b7C .
b6, b7C
b6, b7C
b6

and

b6, b7C

180

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

181

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

182

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

183

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

184

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

185

Detention Operations Manual, Detainee Services, Standard 3, Section III.J.
16

representative, potential representative, or any court.186 Finally, the Standards state that facilities shall
notify detainees of specific information regarding correspondence policies.187
The Facility does not fully meet this section of the Standards; the Handbook does not include
necessary information and writing materials and envelopes are not provided except to indigent
detainees. The Facility provides all detainees with the Handbook.188 Handbooks are available in English
and Spanish, but not in other languages.189 The Handbook includes information regarding:
1)
the definition of “special correspondence,” including instructions on the proper labeling
for special correspondence;
2)
a statement that it is the detainee’s responsibility to inform senders of special mail
of the labeling requirement;
3)

instructions on sending mail and packages;

4)

instructions on receiving mail and packages; and

5)
instructions concerning the manner in which indigent detainees may obtain writing
implements, paper, envelopes, and postage. 190
The Handbook does not provide the following information:
1)
a description of mail that may be rejected by the facility, including identity
documents such as passports and birth certificates;
2)
instructions about how non-indigent detainees may obtain writing implements,
paper, and envelopes; and
3)

the procedure for purchasing postage (if any).191

By failing to provide information regarding the foregoing matters, the Facility does not meet the
notification requirements of this section of the Standards.
Detainees must be indigent in order for the Facility to supply writing paper, writing implements, or
envelopes at no cost to the detainees.192 Detainees often must barter with each other to get such supplies

186

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

187

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

188

Notes of delegation member

on conversation with Officer

b6, b7C

b6

189

Notes of delegation member

190

Handbook, p. 11-13.

191

Notes of delegation member
Services, Standard 3, Section III.B.

192

Notes of delegation member

on conversation with detainee

see Detention Operations Manual, Detainee

b6

b6

b6, b7C

on conversation with detainee
17

b6, b7C

as envelopes and stamps.193 One detainee reported that he has been limited to five envelopes per week
and that only $0.37 stamps are available.194 Detainees who are declared indigent are not always given
free envelopes and stamps.195
B.

Recreation

The Standards suggest that all detainees have access to recreation “under conditions of security and
safety.”196 Detainees should be housed in facilities with outdoor recreation.197 If a facility only provides
indoor recreation, detainees must have access for at least one hour per day, including exposure to natural
light.198 Detainees should have access to “fixed and movable equipment,” including opportunities for
cardiovascular exercise, and games and television in dayrooms.199 Under no circumstances will a facility
require detainees to forego law library privileges for recreation privileges.200
It is unclear whether the Facility meets this section of the Standards; detainees reported having to
forego recreation in order to use the law library. The Handbook provides that detainees are permitted
recreation time indoors and outdoors, including one hour of recreation per day in an outside recreation
yard. 201 However, information on recreation found in the Handbook and provided by Facility staff differs
from the information that some of the detainees shared with members of our delegation during the
interviews. For instance, Facility staff indicated that detainees are not required to relinquish their outdoor
recreation time in order to visit the law library.202 Detainees reported that the library visit is scheduled
simultaneously with scheduled outdoor recreation time; as a result, they must relinquish their outdoor
recreation if they choose to visit the law library.203
There are sixty-eight people per enclosure at any given outdoor recreation session.204 Detainees may
choose either a morning recreation session or an afternoon recreation session, although the afternoon
recreation sessions last only up to twenty minutes.205
193

Notes of delegation member

and

b6

b6

on conversation with detainee

b6, b7C

194

Notes of delegation member

b6

on conversation with detainee

195

Notes of delegation member

b6

on conversations with detainees

b6, b7C
b6, b7C

b6, b7C

196

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

197

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

198

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

199

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

200

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

201

Handbook, p. 6.

202

Notes of delegation member

203

Notes of delegation member
b6, b7C

204
205

b6, b7C

on conversation with Officer

b6
b6

and

Notes of delegation member

on conversations with detainees

b6, b7C

b6, b7C

on conversation with detainee
b6

Notes of delegation member

b6, b7C

b6, b7C

on conversation with detainee
18

and

Each of the housing units also has a dayroom.206 Dayrooms are common rooms for the detainees where
they are able to socialize, watch television, and play table games.207 The Handbook states that movies
are shown on weekends. 208 Delegation members observed that in the unit that the delegation visited, each
detainee had access to natural sunlight in the dayroom.209 The delegation observed that the outdoor yards
and dayroom provide very limited equipment for muscular or cardiovascular exercise: just basketball
hoops.210 Outside recreation is limited to playing basketball, doing chin-ups or pull-ups or walking.211
Access to Medical Care212

C.

The Standards require that all detainees have access to medical services that promote detainee health and
general well-being.213 Each facility is required to have regularly scheduled times, known as “sick call,”
when medical staff are available to see detainees who have requested medical services.214 For a facility of
over 200 detainees, a minimum of five days per week is suggested.215 Facilities must also have
procedures in place to provide emergency medical care for detainees who require it.216 With respect to
emergency care, the Standards state that in a situation in which a detention officer is uncertain whether a
detainee requires emergency medical care, the officer should immediately contact a health care provider
or an on-duty supervisor.217 If a detainee is diagnosed as having a medical condition, including a
psychiatric condition, requiring special attention (e.g., special diet), the medical care provider is required
to notify the OIC in writing.218
It is unclear whether the Facility fully meets this Standard; although resources are available,
detainees reported problems with medical care. The U.S. Public Health Service (PHS) has forty-two
staff members consisting of doctors, nurse practitioners, physician’s assistants, a dentist, an
endocrinologist, a psychiatrist, a psychologist and one psychiatric technician.219 PHS provides staffing

206

Handbook, p. 6.

207

Observation of delegation member

208

Handbook, p. 6.

209

Observation of delegation member

210

Observation of delegation member

211

Notes of delegation member

212

ICE staff and Officer
areas of the Facility.

213

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

214

Detention Operations Manual, Health Services, Standard 2, Section III.F.; Handbook, p. 5.

215

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

216

Detention Operations Manual, Health Services, Standard 2, Section III.A, D. & G.

217

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

218

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

219

Notes of delegation members

b6

b6

b6, b7C

on conversation with detainee

b6

b6, b7C

.

conducted the tour of the medical, dental and psychiatric clinic

and

b6

b6, b7C

19

b6

on conversation with Officer

and general medical care five days a week, and emergency and critical care seven days a week. 220 The
Facility can provide outpatient psychological services and inpatient psychiatric services. 221
All detainees at the Facility are screened for medical and dental issues upon their initial processing, which
includes a chest x-ray and a physical exam.222 At that time, each detainee is questioned/screened
regarding prior health history, current health, medical history, suicide risk, mental health, drug and/or
alcohol dependence, tuberculosis, dental health, and STD/communicable diseases.223 An unhealthy
individual is referred to a doctor or nurse practitioner for a physical examination within twenty-four hours
of intake, while healthy individuals are given a physical examination within thirty days of intake.224 The
Facility has negative pressure rooms to house and provide treatment to detainees who are tested positive
for tuberculosis.225 According to one detainee, it is common for detainees who have been diagnosed with
active tuberculosis to be mixed in with the general population.226
The Facility does not have regular “sick calls,” as suggested in the Standards.227 In order to see a nurse or
doctor for non-emergency care, a detainee must submit a “Sick Call Request Form,” which is a one-page
form that is available in each unit.228 Officer b6, b7C stated that emergency medical care is provided
within four minutes of the Facility staff reporting the emergency to medical staff,229 and that detainees are
informed of these procedures during intake.230 Facility staff also stated that the Facility has a policy that
detainees must be seen within three days of submitting a Sick Call Request Form.231 Nearly all detainees
reported that their medical needs had not been attended to in such a time frame, stating that at times it
takes as long as three weeks to receive health care after submitting a Sick Call Request Form.232

220
221

Notes of delegation member

on conversation with Officer
b6

b6, b7C

Notes of delegation member

222

on conversation with Officer

elegation members

and

b6

b6

on conversations with Officer

b6, b7C

223

Notes of delegation member

224

Notes of delegation member

225

Notes of delegation member

226

Notes of delegation member

227

Notes of delegation member

228

Handbook, p. 6; notes of delegation member
b6, b7C
,
b6, b7C
b6, b7C
for the form of a sick call slip.

on conversation with Officer
on conversation with Officer

b6

b6, b7C

on conversation with Officer
on conversation with detainee

b6

on conversation with Officer

b6

b6

and

b6, b7C
b6, b7C

on conversations with detainees b6, b7C
. See Attachment B
b6, b7C

229

Notes of delegation member

230

Notes of delegation member

231

Notes of delegation member

232

b6
b6
Notes of delegation members
and
on conversation with detainee
b6
notes of delegation member
on conversations with detainees
b6, b7C
b6, b7C
b6, b7C
b6
and
; notes of delegation member
on
b6, b7C
b6
conversation with detainee
; notes of delegation member
on
b6, b7C
conversations with detainees
,
and
b6, b7C
b6, b7C

on conversation with Officer
on conversation with Officer

b6

b6, b7C

on conversation with Officer

20

One detainee reported that it may take up to three days to get emergency medical care.233 This detainee
also reported that non-English speaking detainees are not given translations of medication instructions.234
Another detainee reported that when he requested medical attention for a rash, he was given only a
document that listed helpful hints to relieve the rash, which included directions to use specific soaps and
lotions; however, when he requested to receive such soaps and lotions, his request was denied. 235
Another detainee reported that he did not get proper medical care after he had a heart attack and
underwent surgery and that he was not given enough time to fully recuperate and allow his incisions to
heal before being sent back to his unit.236 The same detainee reported that following his heart attack, the
Facility did not provide the special diet that was prescribed by his doctor. He also reported that he had
tuberculosis for months before the medical staff at the Facility properly diagnosed it.237 This detainee was
visibly very sick, his skin tone was very wan, he was shaky, and he appeared to be exhausted.238 The
detainee believes that the Facility is just waiting for him to die, and that the Facility is withholding proper
medical attention at his peril.239
Another detainee stated that he had submitted a request for medical care on a Monday morning for flu and
bronchitis symptoms and was not seen until the following Friday afternoon.240 The same detainee
reported that he once requested some aspirin and was placed in a holding cell in the medical unit from
5:00 a.m. until 1:00 p.m. before he received the requested aspirin.241
D.

Access to Dental Care

The Standards suggest that detainees have an initial dental screening exam within fourteen 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.242 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.243
233

Notes of delegation members

b6

and

b6

on conversation with detainee

b6

and

b6

on conversation with detainee

b6

and

b6

on conversation with detainee

b6

and

b6

on conversation with detainee

b6, b7C

234

Notes of delegation members
b6, b7C

235

Notes of delegation members
b6, b7C

236

Notes of delegation members
b6, b7C
.

237

Notes of delegation member

238

Observations of delegation members

239

Notes of delegation member
b6, b7C
.

240

Notes of delegation member

on conversation with detainee

b6

b6
b6

and

b6

b6, b7C

.

on conversation with detainee

b6, b7C

on conversation with detainee
b6

b6, b7C

241

Notes of delegation member

242

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

243

Detention Operations Manual, Health Services, Standard 2, Section III.E.
21

on conversation with detainee

The Facility does not appear fully to meet this section of the Standards; detainees reported
problems with the prescribed dental care. There is an on-site dentist at the Facility, and detainees
receive an initial dental screening.244 If dental care is needed, the on-site dentist provides dental care in
the Facility.245
One detainee who is missing teeth said the Facility does not provide partial dentures, and said that he has
filed grievances indicating he is unable to chew his food.246 Another detainee whom we interviewed
stated that when he once requested dental care for a filling, the dentist removed his tooth, and the dentist
explained that he wanted to remove the detainee’s remaining teeth as a preventive measure.247 Another
detainee reported that the dentist at the Facility consistently recommends that his teeth be pulled instead
of repairing decay through fillings, caps, bridges or crowns.248
E.

Detainee Classification

The Standards require that detention facilities use a classification system and physically separate
detainees in different categories.249 A detainee’s classification is to be determined on “objective” criteria,
including criminal offenses, escape attempts, institutional disciplinary history, violent incidents, etc.250
Opinions, unconfirmed and unverified information, and physical characteristics and appearance are not to
be taken into account.251 Classification is required in order to separate detainees without criminal records
or with minimal criminal records from inmates with serious criminal records.252
Additionally, all facility classification systems shall allow classification levels to be re-determined and
include procedures by which new arrivals can appeal their classification levels.253 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.254
The Facility does not fully meet this section of the Standards; classifications are not explained in the
Handbook, and detainees report improper commingling of violent detainees. The Handbook
identifies the classification levels,255 but does not include an explanation of conditions or restrictions
applicable to the three classification levels. Further, it is unclear how detainees are classified. According
244

Notes of delegation member

245

Notes of delegation member

246

Notes of delegation member

247

Notes of delegation member

248

Notes of delegation member

249

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

250

Detention Operations Manual, Detainee Services, Standard 4, Section III.D.

251

Detention Operations Manual, Detainee Services, Standard 4, Section III.D.

252

Detention Operations Manual, Detainee Services, Standard 4, Sections III.A. & III.E.

253

Detention Operations Manual, Detainee Services, Standard 4, Sections III.G & III.H.

254

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

255

Handbook, p. 14.

b6

b6

on conversation with detainee
on conversation with detainee

b6
b6

on conversation with detainee

22

b6, b7C
b6, b7C
b6, b7C

to the detainees interviewed, non-criminal detainees are commingled with criminal inmates,256 violent
with nonviolent, and mentally ill with the general population.257 One detainee stated that detainees who
had committed violent crimes had been classified as “Level 1,” which is the “Lowest Threat”
classification, while he was classified as “Level 3,” or “Highest Threat,” even though he had not
committed a violent offense and had not engaged in violent or aggressive activity while in detention that
might warrant such a classification.258 This detainee believed that he was being punished for having filed
so many grievances. 259
F.

Detainee Grievance Procedures

The Standards require that every facility develop and implement standard procedures for handling
detainee grievances and encourage that the facility initially seek to resolve grievances informally before
having to engage in a more formalized procedure.260 Translating assistance for both formal and informal
grievances must be provided upon request.261 The Standards also require that each facility establish a
reasonable time limit for: (1) “processing, investigating, and responding to grievances;” (2) “convening a
grievance committee to review formal complaints;” and (3) “providing written responses to detainees who
filed formal grievances, including the basis for the decision.”262 All grievances must receive supervisory
review, include guarantees against reprisal, and allow for appeals.263
The Facility does not meet this section of the Standards. According to detainees interviewed, there
are several problems with the process, including: filing grievances is discouraged and is met with
retaliation; detainees must sign off on the grievance resolution in advance; responses to grievances
may take months and are sometimes delivered to the wrong detainee. Most of the detainees whom
we interviewed had filed many grievances .264 The detainees who filed grievances reported that their
grievances had not been addressed in a timely manner, with wait times of usually three weeks to receive a
response from the Facility.265 One detainee who has filed numerous grievances with the Facility reported
that it now takes on average five to six months before the Facility provides a response to his grievances.266

256

b6, b7C
b6
Notes of delegation member
on conversations with detainees
b6
,
and
; notes of delegation member
b6, b7C
b6, b7C
b6
on conversation with detainee
b6, b7C

257

Notes of delegation member

258

Notes of delegation member

259

Notes of delegation member

260

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

261

Detention Operations Manual, Detainee Services, Standard 5, Sections III.A.1. & III.A.2.

262

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

263

Detention Operations Manual, Detainee Services, Standard 5, Sections I. & III.C.

264

b6
b6
Notes of delegation member
notes of delegation members
and
b6
on conversation with detainee
notes of delegation member
b6, b7C
b6, b7C
b6
on conversation with detainee

265

Notes of delegation member

266

on conversation with detainee

b6, b7C

on conversation with detainee

b6

b6, b7C

on conversation with detainee

on conversation with detainee

b6, b7C

b6

Notes of delegation member

on conversation with detainee
23

b6, b7C

The detainees also reported that they were required to sign grievance forms indicating that the issues had
been resolved prior to there being a satisfactory resolution.267 Specifically, a detainee who wishes to file a
grievance must sign the CCA Inmate/Resident Grievance Form (the “Grievance Form”)268 before the
detainee places it in the grievance box.269 Since resolutions to grievances are detailed on these same
Grievance Forms, this creates the appearance that the subsequent resolutions on the Grievance Forms are
acceptable to the detainees, whether or not this is the case.270 Accordingly, the detainees expressed great
dissatisfaction and mistrust regarding the grievance resolution process.271 Also, it is not uncommon for
detainees to receive responses from the Facility to grievances filed by other detainees.272
There are no postings regarding the right to file a grievance in housing units A-A or A-D.273 One detainee
reported that filing a grievance is discouraged.274 Another detainee said detainees have observed that
Facility staff look unfavorably on those who file grievances.275 Two detainees reported that Facility staff
have retaliated against them for submitting grievance forms, sometimes by sending them to segregation
units for periods of up to 48 hours.276 Two other detainees indicated that other detainees who had filed
numerous grievances have been retaliated against by, among other means, being put in the “hole,” strip
searched, denied meals, criticized, and degraded.277
G.

Religious Practices

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.278 According to the
267

Notes of delegation member
notes of delegation member

b6
b6

on conversation with detainee
on conversation with detainee

b6, b7C
b6, b7C

268

See form of CCA Inmate/Resident Grievance Form (i.e., Form 14-5A) at Attachment C. The form
includes two places for a detainee’s signature: once under “Requested Action,” and again under
“Grievance Officer’s Decision.”

269

b6
Notes of delegation member
b6, b7C
b6, b7C
,
and
b6
on conversation with detainee

270

Notes of delegation member

271

Notes of delegation members
b6, b7C
and
b6, b7C

272

Notes of delegation members

b6

on conversations with detainees b6, b7C
; notes of delegation member

b6

b6, b7C

on conversation with detainee

b6, b7C

.

b6

and

b6

on conversation with detainees

b6

and

b6

on conversation with detainee

b6, b7C

273

Notes of delegation member

274

Notes of delegation members
b6, b7C
.

b6

and

275

Notes of delegation members

b6

and

b6

on conversation with detainee
b6

b6

b6, b7C

on conversation with detainee
on conversation with detainee

b6, b7C

276

Notes of delegation member
b6, b7C
and

277

Notes of delegation members
b6, b7C
and

278

b6

b6
b6, b7C

on conversations with detainees
and
.

b6

on conversation with detainees

Detention Operations Manual, Detainee Services, Standard 14, Section I.
24

b6, b7C

Standards, these “opportunities will exist for all equally, regardless of the number of practitioners of a
given religion, whether the religion is ‘mainstream,’ whether the religion is ‘Western’ or ‘Eastern,’ or
other such factors. Opportunities will be constrained only by concerns about safety, security, the orderly
operation of the facility, or extraordinary costs associated with a specific practice.”279 Moreover, a
facility’s staff shall make “all reasonable efforts to accommodate” special food services required by a
detainee’s particular religion.280 Detainees in confinement must also be permitted to participate in
religious practices, consistent with the safety, security, and orderly operation of the facility.281
The Facility does not fully meet this section of the Standards. There are no organized religious
services at the Facility, and no groups visit the Facility to provide spiritual counseling or services.282 One
Jewish detainee reported that there is no rabbi available for Jewish detainees, and that although he has
requested and been promised kosher meals, he has never received a kosher meal, including on Jewish
holidays.283
H.

Voluntary Work Program

The Standards suggest that all facilities with work programs provide an opportunity for physically and
mentally capable detainees to “work and earn money.”284 Participation must be voluntary, and detainees
may not work more than eight hours per day, and forty hours per week.285
It is unclear whether the Standards have been met at the Facility. The Handbook states that detainees
may volunteer to be part of the work program, to work up to “seven (8) hours per day, or thirty-five (40)
hours weekly.”286 One detainee who is a welder by trade reported that he has repeatedly requested to be
assigned to meaningful work (such as running electrical lines, general maintenance and repair, etc.) in
order to at least “feel useful.”287 Although the Facility once assigned this detainee to the kitchen, the
Facility no longer provides work opportunities to him.288
I.

Special Management Unit

279

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

280

Detention Operations Manual, Detainee Services, Standard 14, Section III.M; Handbook, p. 2.

281

Detention Operations Manual, Detainee Services, Standard 14, Section III.O.

282

Notes of delegation member
b6, b7C
,
b6, b7C

283

Notes of delegation members

b6

and
b6

on conversations with detainees

b6, b7C

b6, b7C

and

b6

on conversation with detainee

b6, b7C

284

Detention Operations Manual, Detainee Services, Standard 37, Sections I & III.A.

285

Detention Operations Manual, Detainee Services, Standard 37, Sections III.A. and III.H.; the
Handbook states that detainees will not be permitted to work in excess of “thirty-five (40) [sic]
hours,” p. 4.

286

Handbook, p. 4.

287

Notes of delegation member

288

on conversation with detainee
b6

Notes of delegation member

b6, b7C

on conversation with detainee
25

The Standards suggest that each facility establish a Special Management Unit (“SMU”) that will isolate
certain detainees from the general population.289 A detainee may be placed in disciplinary segregation
only by order of the Institutional Disciplinary Committee, after a hearing in which the detainee has been
found to have committed a prohibited act.290 The disciplinary committee may order placement in
disciplinary segregation only when alternative dispositions would inadequately regulate the detainee’s
behavior.291
All cells in the SMU must be equipped with beds which are securely fastened to the cell floor or wall.292
Segregated detainees shall have the opportunity to maintain a normal level of personal hygiene.293
Recreation shall be provided to detainees in disciplinary segregation in accordance with the “Recreation”
standard.294 Access to legal material shall remain open and requests for access shall be accommodated
no more than twenty-four hours after receipt of the initial detainee request.295 Similarly, access to the
law library shall be granted to detainees in segregation, and access by request only is an option.296 “As a
rule, a detainee retains visiting privileges while in disciplinary segregation.”297 Also, a detainee in
disciplinary segregation shall not be denied legal visitation.298
In accordance with the “Telephone Access” standard, detainees in disciplinary segregation shall be
restricted to telephone calls for calls relating to the detainee’s immigration case or other matters, calls to
consular/embassy officials, and family emergencies.299 Also, detainees in segregation shall have the
same correspondence privileges as detainees in the general population.300
The Facility does not fully meet this section of the Standards. Detainees in segregation are allowed
reading materials and may request materials from the law library, but are not given access to the law
library. 301 Although Facility staff stated that detainees in segregation have access to telephones,302
because the telephones used are frequently out of order, detainees in segregation are effectively denied
telephone privileges.303

289

Detention Operations Manual, Security and Control, Standard 14, Section I.

290

Detention Operations Manual, Security and Control, Standard 14, Section III.A.

291

Detention Operations Manual, Security and Control, Standard 14, Section III.A.

292

Detention Operations Manual, Security and Control, Standard 14, Section III.D.6.

293

Detention Operations Manual, Security and Control, Standard 14, Section III.D.11.

294

Detention Operations Manual, Security and Control, Standard 14, Section III.D.13.

295

Detention Operations Manual, Security and Control, Standard 14, Section III.D.15.

296

Detention Operations Manual, Security and Control, Standard 14, Section III.D.15.e.

297

Detention Operations Manual, Security and Control, Standard 14, Section III.D.17.

298

Detention Operations Manual, Security and Control, Standard 14, Section III.D.17.

299

Detention Operations Manual, Security and Control, Standard 14, Section III.D.18.

300

Detention Operations Manual, Security and Control, Standard 14, Section III.D.19.

301

Notes of delegation member

on conversation with detainee

b6, b7C

b6

302

Notes of delegation member

303

Notes of delegation member

on conversation with Officer
b6

on conversation with detainee
26

b6, b7C
b6, b7C

The Facility has partially implemented these Standards. Detainees in segregation are allowed to receive
and send mail.304 They are also allowed to visit with clergy, counselors, and attorneys.305
J.

Detainee Transfers and Transportation

When transferring a detainee, the Standards require ICE to take into consideration whether a detainee is
represented before the immigration court, as well as the location of the attorney and the court.306 The
Standards require ICE to notify a detainee’s legal representative of record that the detainee is being
transferred.307 Indigent detainees will be permitted to make a single domestic telephone call at
government expense upon arrival at their final destination; non-indigent detainees will be permitted to
make telephone calls at their own expense.308 Records including the detainee’s Alien File (“A-file”) and
health records (or transfer summary for IGSAs) must accompany the detainee.309 Prior to transfer,
medical staff must provide the transporting officers with instructions and any applicable medications for
the detainee’s care; medications must be turned over to an officer at the receiving field office.310 A
detainee’s legal materials, cash, and small valuables shall always accompany the detainee to the receiving
facility; larger items may be shipped.311 Detainees are to be provided meals during any transfer that
exceeds six hours.312
The Facility does not fully meet this section of the Standards. Facility staff stated that detainees are
not transferred out of the Facility; rather, all ICE detainees in the Western part of the U.S. are transferred
to the Facility when contesting their immigration cases.313 We were informed, however, that on
December 21, 2005, a detainee whom we interviewed was transferred back to the El Centro SPC.314
When this detainee was originally transferred to the Facility in June 2005, he was prevented from
bringing with him six of seven boxes that contained his legal documents.315

304

Notes of delegation member

on conversation with detainee
b6

b6, b7C

305

Notes of delegation member

306

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

307

Detention Operations Manual, Security and Control, Standard 4, Section III.A.

308

Detention Operations Manual, Security and Control, Standard 4, Section III.G.

309

Detention Operations Manual, Security and Control, Standard 4, Sections III.D.1. and III.D.6.

310

Detention Operations Manual, Security and Control, Standard 4, Section III.D.D. [sic.]

311

Detention Operations Manual, Security and Control, Standard 4, Section III.E.

312

Detention Operations Manual, Security and Control, Standard 4, Section III.H.2 and Standard 16,
Section III.P.

313

Notes of delegation member

on conversation with detainee

on conversation with Officer

b6, b7C

b6

314

Notes of delegation member
detainee
b6, b7C

315

Notes of delegation member
b6, b7C
detainee

who received unsolicited correspondence from
b6

who received unsolicited correspondence from
27

With respect to transferring detainees to and from courthouses, the Facility wakens detainees between
1:00 a.m. and 3:00 a.m.316 and puts them into holding cells.317 The detainees are then driven to the
courthouse at 5:30 a.m. and put into holding cells at the courthouse.318 Although some cases are heard at
8:00 a.m., others are not heard until 4:00 p.m.319 Food is not provided to the detainees while they are in
the holding cells.320 The lack of sleep and food causes the detainees to be exhausted during their
hearings.321
V.

CONCLUSION

The San Diego Detention Facility meets many provisions of the Standards, but also fails to meet a
number of them.
To facilitate legal visitation, the Facility should take steps to ensure that visits between attorneys and their
detainee-clients are private and not interrupted. Further, the Facility should allow, rather than discourage,
legal visits to proceed through meal times and should provide detainees with missed meals afterwards.
To provide adequate telephone access to detainees, the Facility should not record or monitor, in any
matter whatsoever, legal phone calls (absent a court order). Any telephones that are not working should
be repaired, including those in the segregation unit. In addition, it should be clarified to Facility staff and
detainees that the Standards do not allow restrictions on the number of calls a detainee places to his or her
legal representative.
To support the detainees’ access to legal materials and legal representation, the Facility should continue to
provide detainees with sufficient paper, envelopes, and stamps to meet their legal needs and allow
detainees to type and print submissions to the court using a computer and/or typewriter. The Facility
should also provide access to the law library for detainees in segregation units. The Facility should
provide access to all of the legal materials listed in the Detention Standards in their law library.
Equipment in the library, including computers and typewriters, should be checked regularly and repaired
to ensure that all equipment is functioning properly. In order to fully provide legal access for all
detainees, detainees in segregation should be given access to the law library and to a working telephone
for legal calls. Lastly, a system should be implemented such that photocopies and printing requested by
detainees are delivered to them in the event that the law librarian does not have time to meet the request
during a detainee’s library session.

316

b6
b6, b7C
Notes of delegation member
on conversations with detainees
b6, b7C
b6
and
notes of delegation member
on conversation with
b6, b7C
detainee

317

Notes of delegation member
notes of delegation member

b6

Notes of delegation member
notes of delegation member

b6

318

319
320

b6

b6

on conversation with detainee
n conversation with detainee

b6, b7C

on conversation with detainee
on conversation with detainee

b6, b7C

Notes of delegation member

on conversation with detainee

b6, b7C

b6, b7C

b6, b7C

b6

Notes of delegation member

on conversation with detainee

b6, b7C

b6, b7C

321

Notes of delegation member

b6

on conversation with detainee
28

b6, b7C

Regarding Group Rights Presentations, one way to address concerns that detainees are not familiar with
the “Know Your Rights” video is to ensure that “Know Your Rights” or another INS-approved
videotaped presentation is shown at regular intervals with detainees having the choice to view the
presentation, rather than just showing such a presentation at intake.
Regarding correspondence and other mail, the Handbook should be updated to include the information
currently not provided, including the Facility policy on identity documents, instructions for non-indigent
access to office supplies, and an explanation of any procedure for purchasing postage.
In order to meet Recreation Standards, library visits must not be scheduled simultaneously with scheduled
outdoor recreation time. In addition, fixed and movable equipment should be added to allow
opportunities for cardiovascular exercise.
To support Standards-required access to medical care, the Facility should implement regular sick calls to
replace the Sick Call Request Form system currently in place so that detainees’ medical needs can be
attended to in a timely manner. Non-English speaking detainees should be given translation of
medication instructions.
The facility should address problems with detainee classification procedures.
Grievance procedures should also be addressed, to resolve the issue of having detainees sign off on
resolutions to grievances in advance. Moreover, Facility staff practices should be further assessed to
determine the extent of any retaliatory measures taken against detainees submitting Grievance Forms.
Detainees must not be subject to retaliation for submitting Grievance Forms.
Measures should be taken to ensure that the Facility provides detainees with reasonable and equitable
opportunities to participate in religious practices. The Facility should also meet detainee requests to work
and earn money.
12318511.5.LITIGATION

29

and

b6

,

b6

b6

b6

b6

Facility Name: SAN DIEGO CCA, SAN DIEGO, CALIFORNIA
Date of Tour: DECEMBER 9, 2005
Tour Participants: Attorneys, law clerks and legal assistants from Dechert LLP, including
b6

*Standards are Detainee Services Standards unless otherwise indicated. Issues are listed in the order in which they appear in the Report.
Source

Standard 17, Visitation
ƒ I. To maintain detainee morale and
family relationships, INS encourages
visits from family and friends.
ƒ III.G The facility’s visiting area shall be
appropriately furnished and arranged, and
as comfortable and pleasant as
practicable.

ƒ

Detainee

b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainee
Officer

Detainees
and

Detainee

b6, b7C

ƒ

Detainee

b6, b7C

ƒ

b6, b7C

ƒ

Delegation observations.
b6, b7Cb6, b7C

ƒ

b6, b7C

ƒ

b6, b7C

Standard 17, Visitation [Legal]
ƒ III.I. [E]ach detainee may meet privately
with current or prospective legal
representatives and their legal assistants.
ƒ III.I.2. … On regular business days, legal
visitations may proceed through a
scheduled meal period. In such cases, the
detainee shall receive a tray or sack meal
after the visit.
ƒ III.I.10. Documents or other written
material may be provided to a detainee
during a visit with a legal representative
shall be inspected, but not read.
Detainees are entitled to retain legal
material received for their personal use.

Detainees
b6, b7C

2.

Detainee

b6, b7C

ƒ

b6, b7C

ƒ

Detainees
b6, b7C

ƒ

Detainee reported that due to terrible waiting conditions for visitors,
including lack of access to restrooms, lack of seating, and
mistreatment by guards, he has requested his family to no longer visit.
(p.5 ¶4 – p.6 ¶1)
Detainees complained that it “takes too long to get people in,” and
that visitors often wait hours to do so. The waiting room becomes
crowded and some visitors must wait in an outdoor courtyard without
shade. (p.5 ¶3)
Detainee reported that his visitors (his wife and a female relative)
were at times mistreated and insulted while waiting to see him.
Guards made comments about the physical appearance of his wife.
(p.6 ¶1)
Non-contact visits take place using a telephone system, and are often
cut short because phone lines in the visiting rooms malfunction during
visits. (p.6 ¶2)
Conversations that take place in the interview rooms may be
overheard from outside because doors have approximately 1 – 1¾"
clearances between the door and the floor. (p.3 ¶3)
Frequent interruptions by Assistant Wardens may cause visits to be
cut short. (p.4 ¶1)
Detainees reported that the kitchen will not provide a regular meal to
a detainee whose meeting continues through a meal; however, Facility
staff reported that meals are provided. (p.4 ¶2)
If a detainee is visiting with an attorney during mealtime, recreation
time, or law library time, the detainee must choose between either the
meal/recreation/law library time or the attorney visit. If the detainee
chooses the attorney visit, no makeup meal or recreation or law
library time is provided. (p.4 ¶2)
During post-visit searches, guards sometimes take detainees’ legal
papers. (p.4 ¶3)

ICE
Response

b6, b7C
b6, b7C

Delegation Observation

b6, b7C

1.

ICE Standard*

6/19/2006
1

b6, b7C

b6, b7C

b6, b7C

Detainees
and

b6, b7C

b6, b7C

Detainees

,

b6, b7C

b6, b7C

,

b6, b7C

b6, b7C

Detainees

b6, b7C
b6, b7C

b6, b7C

b6, b7C

and

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C b6, b7C

Detainee

b6, b7C b6, b7C
b6, b7C
b6, b7C

ƒ

Detainee

b6, b7C

ƒ

and

b6, b7C

ƒ

b6, b7C

ƒ

b6, b7C

ƒ

Phones malfunction, telephone calls are frequently disconnected, and
phones often have poor connections, making it difficult for detainees
to hear or be heard. When detainees attempt to call out, they
frequently receive recorded messages that all circuits are busy. These
problems make it difficult for detainees to contact their attorneys.
(pp.6 ¶5, 8 ¶4)
If the minutes on a detainee’s phone card are depleted while the
detainee is having a telephone conversation with his or her attorney,
the detainee may have to wait up to one week to call again, since
detainees are permitted to purchase phone cards on one designated
day per week. (p.9 ¶2)
Telephone access in segregation units is restricted. Portable
telephones brought in are frequently out of order, and repairs are not
made promptly, effectively denying telephone access. (pp.7 ¶2, 9 ¶¶1,
6)
Detainees are able to use the phones at the Facility to make free preprogrammed calls, but the calls often do not go through, so detainees
must make the calls using calling cards. Detainees lose calling card
credits as a result of calls frequently being disconnected. (p.7 ¶3)
For detainees in the regular units, telephone calls with attorneys must
be made from the telephone in the Counselor’s office. Detainees
reported that requests to have private phone conversation in the
Counselor’s office are often denied arbitrarily by the unit manager in
charge, particularly Unit Manager
(p.8 ¶2)
Detainees reported that phone conversations with attorneys were
monitored and/or recorded by Facility staff, whether they take place
on regular inmate phones or in the Counselor’s office. (p.8 ¶3)
b6, b7C

Standard 16, Telephone Access
ƒ III.J. The facility shall ensure privacy for
detainees’ telephone calls regarding legal
matters. For this purpose, the facility
shall provide a reasonable number of
telephones on which detainees can make
such calls without being overheard by
officers, other staff or other detainees.
Facility staff shall not electronically
monitor detainee telephone calls on their
legal matters, absent a court order.

ƒ

b6, b7C
b6, b7C
b6, b7C

4.

Standard 16, Telephone Access
ƒ I. Facilities holding INS detainees shall
permit them to have reasonable and
equitable access to telephones.
ƒ III.A. The facility shall provide detainees
with reasonable access to telephones
during established facility waking hours.
Standard 16, Telephone Access
ƒ III.G Staff shall permit detainees in the
Special Management Unit for disciplinary
reasons to make direct and/or free
calls…. Staff shall permit detainees in
Special Management Unit for other than
disciplinary reasons…to have telephone
access similar to detainees in the general
population ….

b6, b7C
b6, b7C

3.

6/19/2006
2

ƒ

b6, b7C

b6, b7C b6, b7C

b6, b7C

b6, b7C
b6, b7C
b6, b7C
b6, b7C

b6

b6, b7C
b6, b7C

b6, b7C

Delegation observations.

b6, b7C

b6, b7C

Detainees

b6
b6, b7C

b6, b7C

Law librarian
Detainees
and
b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainees
Detainee
Handbook.

b6, b7C

ƒ

Detainee

b6, b7C

ƒ

b6, b7C

ƒ

b6, b7C

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

b6, b7C

6.

and
Officer
; Law Librarian

b6, b7C

ƒ

and
Officer

Detainees
,
b6, b7C
b6, b7Cb6, b7C
b6, b7C

ƒ

Delegation observations;
detainees

b6, b7C
b6, b7C

ƒ

The library provides access to five computers, three typewriters, a
laser printer and a copier. The computers in the library are old and
have viruses that corrupt the detainees’ disks. Detainees reported that
there are not enough computers and typewriters to accommodate the
detainees. However, the Facility has purchased two new computers.
(p.13 ¶¶3, 4)
The Facility does not provide replacement disks to detainees whose
computer disks have deteriorated over time, and detainees are not
permitted to purchase new disks. The Facility stores the detainees’
disks in a property room that detainees cannot access. Files stored on
the detainees’ disks are unprotected and not private, and often become
corrupted and unrecoverable. It is not uncommon for files to be
missing from detainees’ disks after being stored by the Facility for
long periods of time. (p.13 ¶4)
A detainee in segregation reported that because he no longer has
access to computers, typewriters or word processing equipment, he
must hand write all pleadings. (p.14 ¶3)
The law librarian has discretion whether to provide writing
implements, paper and office supplies. Detainees must be indigent for
30 days before the Facility provides writing paper, writing
implements, or envelopes to them free of charge. Those who arrive at
the Facility without any money must wait 30 days before they are able
to obtain writing supplies. (p.14 ¶4)
The following items could not be found or were outdated:
Constitution of the United States of America: Analysis and
Interpretation-- outdated; Considerations for Asylum Officers
Adjudicating Asylum Claims From Women – Not available;
Immigration and Naturalization Service Basic Law Manual – Not
available. (p.12 ¶1)
Detainees reported that the immigration materials in the law library
were out of date. When one detainee filed a grievance regarding the
currency of the materials in the library, the Facility denied that the
materials were out of date. (p.12 ¶2)
Lexis CDs are available at the library, which are updated once every
three to five months. It is not uncommon for Lexis CDs to be missing
for weeks at a time. Detainees are not able to Shepardize cases with
the available CDs. Research related to criminal convictions is not
permitted, even in connection with issues related to immigration.
Several detainees reported that the Lexis CDs do not contain many of
the cases cited against them during their proceedings. (p.12 ¶3)

b6, b7C
b6, b7C

Standard 1, Access to Legal Material
ƒ III.B. Equipment. The law library shall
provide an adequate number of
typewriters and/or computers, writing
implements, paper and office supplies to
enable detainees to prepare documents
for legal proceedings.

b6, b7C

5.

6/19/2006
3

ƒ

b6, b6,
b7Cb7C
b6, b7C
b6, b7C

b6, b7C b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C

Detainees
an

b6, b7C

Detainees may assist other detainees in researching and preparing
legal documents. Some detainees, however, seek compensation for
doing so. (p.14 ¶6)

b6
b6, b7C

ƒ

b6, b7C

Standard 1, Access to Legal Material
ƒ III.K. The facility shall permit detainees
to assist other detainees in researching
and preparing legal documents upon
request …. Such assistance is voluntary;
no detainee shall be allowed to charge a
fee or accept anything of value for
assistance.

.

Detainee

b6, b7C

9.

Law librarian
Detainees

b6, b7C
b6, b7C
b6, b7C
b6, b7C

ƒ

b6, b7C

ƒ

Detainee

b6, b7C

Standard 1, Access to Legal Material
ƒ III.J. The facility shall ensure that
detainees can obtain copies of legal
material ….

Detainees

and

b6, b7C

8.

Detainees

b6, b7C

ƒ

Detainee

b6, b7C

ƒ

Detainees

b6, b7C

ƒ

Detainees reported that they had to choose between recreation time
and library time. (p.10 ¶3)
Previously the library had been closed to immigration detainees for
over a month so that it could be used exclusively by U.S. Marshal
inmates. (p.10 ¶3)
A detainee in the segregation unit reported that he does not have
access to the law library, despite multiple requests. This detainee
reported that he is permitted to request specific volumes from the
library, but that delays in receiving them impair his ability to
adequately defend himself. Another detainee who had previously been
placed in the segregation unit reported that while he was in the
segregation unit the Facility did not permit him to use the law library
(pp.10 ¶4, 26 ¶4)
The detainees were aware that they are entitled to five hours in the
library per week, but they stated that they are usually able to spend
only three to three-and-one-half hours in the library per week—the
time is cut short by the fifteen to twenty minutes it takes to get to the
library and back to the units, and the time it takes to check disks in
and out. (p.11 ¶1)
A detainee who had gone on several hunger strikes reported that the
Facility prevents detainees from accessing legal materials if they
participate in hunger strikes. (p.11 ¶2)
Detainees are unable to print documents or make photocopies
themselves; they must ask the librarian to copy documents for them.
Since such requests are often made at the end of a detainee’s library
session, it is common for the law librarian to not have enough time to
copy all requested documents. (pp.14 ¶2, 15 ¶2)
The copy machine is often broken. This combined with the inability
of detainees to copy materials themselves create unnecessary delays
for detainees in their legal research and writing. (p.15 ¶2)

b6, b7C

ƒ

b6, b7C

Standard 1, Access to Legal Material
ƒ III.G. The facility shall…permit all
detainees, regardless of housing or
classification, to use the law library on a
regular basis. Each detainee shall be
permitted to use the law library for a
minimum of five (5) hours per week.
Detainees may not be forced to forgo
their minimal recreation time, as
provided in “Detainee Recreation,”
standard to use the law library.
ƒ III.M. Detainees housed in …
Segregation units shall have the same law
library access as the general population,
unless compelling security concerns
require limitations.

b6, b7C b6, b7C

7.

6/19/2006
4

Detainee

Detainees

b6, b7C

b6, b7C

b6, b7C
b6, b7C

b6, b7C

ƒ

Officer
Handbook

b6, b7C

ƒ

The Handbook states that “[e]ach weekday, ‘Refugee Rights: Know
Your Rights’ is shown in all housing units ….” Facility staff stated
that upon intake, the “Know Your Rights” video created by the
Florence Project is shown to each detainee and each detainee is given
a copy of the Handbook. According to Facility staff, no detainee has
requested to see the “Know Your Rights” video at a time other than
upon intake. (p.16 ¶2)
Detainees had not heard of, nor seen, the “Know Your Rights” video.
(p.16 ¶2)

b6, b7C

d

Delegation observations

ƒ

Detainee

b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainees

b6, b7C

ƒ

Detainees must be indigent in order for the Facility to supply writing
paper, writing implements, or envelopes at no cost to the detainees.
(pp.14 ¶4, 17 ¶5)
Detainees often must barter with each other to get such supplies as
envelopes and stamps. One detainee reported that he has been limited
to five envelopes per week and that only $0.37 stamps are available.
Detainees who are declared indigent are not always given free
envelopes and stamps. (p.17 ¶5)

b6, b7C

The Handbook does not provide the following information:
1) A description of mail that may be rejected by the facility,
including identity documents such as passports and birth certificates;
2) Instructions about how non-indigent detainees may obtain
writing implements, paper, and envelopes; and
3) The procedure for purchasing postage (if any). (p.17 ¶3)

b6, b7C

11. Standard 3, Correspondence and Other Mail
ƒ III.B. The facility shall notify detainees
of its policy in correspondence and other
mail through the detainee handbook or
equivalent … [and] shall specify: 7. A
description of mail which may be
rejected by the facility …. 8. How to
obtain writing implements, paper, and
envelopes; and 9. The procedure for
purchasing postage (if any), and the rules
for providing indigent and certain other
detainees free postage ….
12. Standard 3, Correspondence and Other Mail
ƒ III.I. Postage Allowance. Indigent
detainees will be permitted to mail a
reasonable amount of mail each week,
including at least five pieces of special
correspondence and three pieces of
general correspondence.
ƒ III.J. The facility shall provide writing
paper, writing implements, and envelopes
at no cost to detainees.

ƒ

b6, b7C b6, b7C
b6, b7C
b6, b7C
b6, b7Cb6, b7C

10. Standard 9, Group Presentations on Legal
Rights
ƒ III.I. Videotaped presentations. The
facility shall play INS-approved
videotaped presentations on legal rights,
at the request of outside organizations. …
The facility shall provide regular
opportunities for detainees in the general
population to view the videotape.

.

6/19/2006
5

and

Detainee

detainees
b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

Officer

b6, b7C

ƒ

Facility staff indicated that detainees are not required to relinquish
their outdoor recreation time in order to visit the law library.
However, detainees reported that the library visit is scheduled
simultaneously with scheduled outdoor recreation time. (p.18 ¶3)
Detainees may choose either a morning recreation session or an
afternoon recreation session, although the afternoon recreation
sessions last only up to twenty minutes. (p.18 ¶4)

b6, b6,
b7Cb7C

ƒ

b6, b7C

13. Standard 13, Recreation
ƒ 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.
ƒ III.B.2. If only indoor recreation is
available, detainees shall have access for
at least one hour each day and shall have
access to natural light.

6/19/2006
6

b6, b7C

b6, b7C

Detainee

b6, b7C

Detainee

b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainee

.

b6, b7C

ƒ

Officer
Detainee

and

b6, b7C b6, b7C
b6, b7C

ƒ

Detainees

b6, b7Cb6, b7C

ƒ

and

b6, b7C

ƒ

Officer
Detainee
Detainees
b6, b7C
b6, b7C

ƒ

Detainee
b6, b7C

ƒ

A detainee stated that it is common for detainees who have been
diagnosed with active tuberculosis to be mixed in with the general
population. (p.20 ¶2)
The Facility does not have regular “sick calls,” as suggested in the
Standards. In order to see a nurse or doctor for non-emergency care, a
detainee must submit a “Sick Call Request Form.” (p.20 ¶3)
Detainees reported that at times is takes as long as three weeks to
receive health care after submitting a Sick Call Request Form (p.20
¶3)
Officer Gonsalves stated that emergency medical care is provided
within four minutes of the Facility staff reporting the emergency to
medical staff, and that detainees are informed of these procedures on
intake. (p.20 ¶3) However, a detainee reported that it may take up to
three days to get emergency medical care and that non-English
speaking detainees are not given translations of medication
instructions. (p.21 ¶1)
A detainee reported that when he requested medical attention for a
rash, he was given only a document that listed helpful hints to relieve
the rash, which included directions to use specific soaps and lotions;
however, when he requested to receive such soaps and lotions, his
request was denied. (p.21 ¶2)
A detainee reported that he did not get proper medical care after
surgery. He was not given enough time to fully recuperate and allow
his incisions to heal before being sent back to his unit. He also
reported that following his heart attack, the Facility did not provide
the special diet that was prescribed by his doctor. Additionally, he
stated that he had tuberculosis for months before the medical staff at
the Facility properly diagnosed it. He stated that the Facility is
withholding proper medical attention at his peril. (p.21 ¶3)
A detainee stated that a request for medical care for flu and bronchitis
symptoms and was not fulfilled until five days later. He also reported
that he once requested aspirin and was placed in a holding cell in the
medical unit for 8 hours before he received the aspirin. (p.21 ¶4)

b6, b7C

ƒ

b6, b7C
b6, b7C

14. Health Services Standard 2, Medical Care
ƒ I. All detainees shall have access to
medical services that promote detainee
health and general well-being.
ƒ III.A. Every facility will provide its
detainee population with initial medical
screening, cost-effective primary medical
care, and emergency care.
ƒ III.F. Each facility will have regularly
scheduled times, known as sick call,
when medical personnel will be available
to see detainees who have requested
medical services.

6/19/2006
7

b6, b7C

Detainee

ƒ

The Handbook identifies the classification levels, but does not include
an explanation of conditions or restrictions applicable to the three
classification levels (p.22 ¶5)

Detainee Handbook

ƒ

Detainees who filed grievances reported that their grievances had not
been addressed in a timely manner, with wait times of usually three
weeks to receive a response from the Facility. (p.23 ¶3) One detainee
who has filed numerous grievances with the Facility reported that it
now takes on average five to six months before the Facility provides a
response to his grievances. (p.23 ¶3)
Detainees reported that they were required to sign grievance forms
indicating the issues had been resolved prior to there being a
resolution, which gives the appearance that the resolutions on the
Grievance Forms are acceptable to the detainees whether or not this is
the case. (p.24 ¶1)
Detainees have received responses from the Facility to grievances
filed by other detainees (p.24 ¶1)
A detainee reported that filing a grievance is discouraged. (p.24 ¶2)

Detainees

b6, b7C

and

b6, b7C

b6, b7C

b6, b7C
b6, b7C

Detainee

b6, b7C

Detainee

b6, b7C b6, b7C

Detainees
and
and

and

b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainee

b6, b7C
b6, b7C

ƒ

,

, and

b6, b7C

ƒ

Detainees
b6, b7C

ƒ

Detainees

b6, b7C

A detainee who is missing teeth said the Facility does not provide
partial dentures, and said that he has filed grievances indicating he is
unable to chew his food. (p.22 ¶2)
ƒ A detainee stated that when he requested dental care for a filling, the
dentist removed his tooth, and the dentist said he wanted to remove
the detainee’s remaining teeth as a preventive measure. (p.22 ¶2)
Another detainee reported that the dentist at the Facility consistently
recommends that his teeth be pulled instead of repairing decay
through fillings, caps, bridges or crowns. (p.22 ¶2)
ƒ According to the detainees interviewed, non-criminal detainees are
commingled with criminal inmates, violent with nonviolent, and
mentally ill with the general population. (p.23 ¶1)
ƒ A detainee stated that detainees who had committed violent crimes
had been classified as “Level 1,” which is the “Lowest Threat”
classification, while he was classified as “Level 3,” or “Highest
Threat,” even though he had not committed a violent offense and had
not engaged in violent or aggressive activity while in detention that
might warrant such a classification. He stated that he was being
punished for having filed many grievances. (p.23 ¶1)

b6, b7C

16. Standard 4, Detainee Classification System
ƒ III.E.2. Level 2 Classification. … May not
include any detainee with a pattern or
history of violent assaults, whether
convicted or not.
ƒ III.F. The classification system shall assign
detainees to the least restrictive housing
unit consistent with facility safety and
security. … 3. Under no circumstances
will a level two detainee with a history of
assaultive or combative behavior be placed
in a level one housing unit.
17. Standard 4, Detainee Classification System
ƒ III.I. The detainee handbook’s section on
classification will include the following: 1.
An explanation of the classification levels
with the conditions and restrictions
applicable to each.
18. Standard 5, Detainee Grievance Procedures
ƒ 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.
ƒ III.A.2. Formal/Written Grievance. The
OIC must allow the detainee to submit a
formal, written grievance to the facility’s
grievance committee. … Illiterate,
disabled, or non-English speaking
detainees shall be given the opportunity to
receive additional assistance upon request.

ƒ

b6, b7C

15. Health Services Standard 1, Hunger Strikes
ƒ III.E. Dental Treatment. An initial dental
screening exam should be performed
within 14 days of the detainee’s arrival.

6/19/2006
8

ƒ

Detainee
b6, b7C

Detainees

b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainee Handbook

b6, b7C

ƒ

The Handbook states that detainees may volunteer to be part of the
work program. (p.25 ¶4)
A detainee reported that he was once assigned to work in the kitchen,
but is no longer provided work opportunities. (p.25 ¶4)
When detainees are transferred to and from courthouses, the Facility
wakens detainees between 1:00 a.m. and 3:00 a.m. and puts them into
holding cells. The detainees are then driven to the courthouse at 5:30
a.m. and put into holding cells at the courthouse. Although some
cases are heard at 8:00 a.m., others are not heard until 4:00 p.m. Food
is not provided to the detainees while they are in the holding cells.
(p.28 ¶1)

b6, b7C

ƒ

Detainee

b6, b7C

ƒ

Detainees

b6, b7C

ƒ

detainee

Detainees Maimdoo and
Kantarevic

b6, b7C

20. Standard 14, Religious Practices
ƒ I. Detainees of different religious beliefs
will be provided reasonable and equitable
opportunities to participate in the practices
of their respective faiths.
ƒ III.M. The food service will implement
procedures for accommodating, within
reason, detainees’ religious dietary
requirements.
21. Standard 18, Voluntary Work Program
ƒ I. Every facility with a work program will
provide detainees the opportunity to work
and earn money.
22. Security and Control Standard 16,
Transportation (Land Transportation)
ƒ The vehicle crew will provide meals and
snacks during any long-distance transfer
that exceeds six hours.

Detainees
and

b6, b7C

ƒ

Detainees reported that Facility staff have retaliated against them for
submitting grievance forms, sometimes by sending them to
segregation units for periods of up to 48 hours. (p.24 ¶2) Another
detainee said that Facility staff look unfavorably on those who file
grievances. (p.24 ¶2)
Detainees indicated that other detainees who had filed numerous
grievances have been retaliated against by being put in the “hole,”
strip searched, denied meals, criticized, and degraded. (p.24 ¶2)
There are no organized religious services at the Facility, and no
groups visit the Facility to provide spiritual counseling or services. (p.
25 ¶2)
A Jewish detainee reported that there is no rabbi available for Jewish
detainees, and that although he has requested and been promised
kosher meals, he has never received a kosher meal, including on
Jewish holidays. (p.25 ¶2)

b6, b7C

ƒ

b6, b7C

19. Standard 5, Detainee Grievance Procedures
ƒ III.D. Retaliation. Staff will not harass,
discipline, punish, or otherwise retaliate
against a detainee lodging a complaint.

6/19/2006
9