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Washington, D.C.

August 11, 2006

To:
From:
Copies to:
Subject:

John P. Torres, Acting Director, Office of Detention and Removal, Immigration and
Customs Enforcement
American Bar Association Delegation to the San Pedro Service Processing Center1
b6
Associate Director, ABA Commission on Immigration
Report on Observational Tour of the San Pedro Processing Center, Los Angeles,
California

This memorandum summarizes and evaluates information gathered at the San
Pedro Service Processing Center (the “Center”) in Los Angeles, California, during the
delegation’s July 11, 2006 visit to the Center. The information was gathered via observation of
the Center by the delegation, interviews with detainees, and discussions with Center and
Immigration and Customs Enforcement (“ICE”) personnel.

I.

ICE DETENTION STANDARDS

In November 2000, the Immigration and Naturalization Service (“INS”),2
promulgated the “INS Detention Standards” to ensure the “safe, secure and humane treatment”
of immigration detainees. The 38 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 Detention Standards (the “Standards”) went into effect at ICE-operated
detention facilities on January 1, 2001. 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-

1

The delegation was comprised of attorneys and summer associates from the Los Angeles office of Latham &
b6
b6
b6
b6
b6
Watkins LLP, including
,
,
,
, and
.
2
Effective March 1, 2003, the INS ceased to exist as an agency of the Department of Justice. The INS’ immigration
enforcement functions which previously were transferred to Immigration and Customs Enforcement (“ICE”), a
division of the newly-created Department of Homeland Security (“DHS”).

LA\1619448.1

in-Charge (the “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 July 11th Visit

On Tuesday, July 11th, 2006, the members of our delegation met with several
b6, b7C
members of the Center’s staff. Officer-in-Charge
led our delegation on a tour of
the facilities. The delegation also met with other personnel, ICE employees and contractors
b6, b7C
throughout the course of the tour including Detention Operations Supervisor
and
b6
Health Services Administrator Dr.
. In addition, the delegation conducted private
interviews with four detainees, two men and two women.
Our report is based on the discussions we had with Center and ICE employees, as
well as observations of the Center, and interviews with immigration detainees. In many
instances, the detainees’ reports were compatible with statements made by Center personnel
and/or our observations. In such cases, the delegation was able to more accurately determine
whether Center policy and procedures successfully meet the Standards. However, in certain
instances, the detainees’ reports conflicted with statements made by other detainees and Center
personnel. Where we were unable to verify the conflicting reports, the delegation was unable to
conclusively determine how the Standards are being implemented.
B.

General Information About the San Pedro Service Processing Center

The San Pedro Service Processing Center houses federal immigration detainees.
According to the personnel, the Center has the capacity to hold over 400 individuals with a
current population between 384 and 420 persons. 3
The Center houses mostly males. At the time of our visit, the population at the
Center was 80 to 85% male.4 Out of the total detainee population, approximately 67 were
women at the time of the delegation visit.5 Two of the seven housing “pods” (a pod houses
approximately 50 detainees) are reserved for female detainees.6 There is a wide variety of
countries of origin represented by detainees from regions including Asia, Africa and Latin
America.7
The average stay for a detainee is 20 to 30 days.8 However, some detainees may
stay considerably longer depending on the appeals process. Two detainees that were interviewed
indicated that they had been in the Center for two and three years.9 OIC b6, b7C noted,
3

Notes of delegation member
, on conversation with OIC
.
Notes of delegation member
, on conversation with OIC
.
b6, b7C
5
Notes of delegation member
, on conversation with OIC
.
6
b6
b6,
b7C
Notes of delegation member
, on conversation with Officer
.
7
Notes of delegation member
, on conversation with OIC
.
b6, b7C
8
Notes of delegation member
, on conversation with OIC
.
9
b6, b7C
Notes of delegation member
, on interview with detainees
(2 years in the Center) and
b6, b7C
(3 years in the Center).
4

2
LA\1619448.1

however, that the facility has a “quick deport” calendar which is frequently used for detainees
from Mexico, and the turnaround time is seven to ten days.10 Central Americans generally stay
longer, averaging three to six weeks at the Center.11 OIC b6, b7C noted that it was difficult to
determine an average length of stay because each detainee’s case could vary considerably
depending on the facts of his or her case, whether the detainee chooses to fight his or her case,
and the length of time it takes to get the detainee’s travel documents in order.12 The Center has
two on-site courtrooms operated by the Department of Justice.13

III.

ALIGNMENT WITH LEGAL ACCESS STANDARDS
A.

Legal Access/Visitation
1.

Visitation by Attorneys

The Standards require that facilities permit legal visitation seven days per week.14
Attorneys should have access to their clients a minimum of eight hours per day during the week
and four hours per day during the weekend and on holidays.15 The visits must be private and
should not be interrupted for head counts.16 Facilities should establish a procedure by which
attorneys may call to determine whether a detainee is housed in a particular facility.17 Detention
centers should permit visits from other legal representatives, legal assistants, and interpreters.18
The current ICE-provided list of pro bono legal organizations must be “promptly and
prominently” posted in detainee housing units and other appropriate areas.19
The Center appears to meet this section of the Standards. The Center’s
Detainee Handbook (the “Handbook”) indicates that attorney visits are permitted at the Center
seven days a week for a total of nine hours per day, including holidays.20 Conversations with
OIC b6, b7C and at least one detainee confirmed that legal visitation is allowed at the facility in
accordance with the Standards and often in excess of the times provided in the Handbook.21
Detainees may visit with their attorneys through meal times and a box lunch will be provided to
the detainee if he or she chooses.22

10

b6
Notes of delegation member
, on conversation with OIC b6, b7C
Notes of delegation member
on conversation with OIC
b6
b6, b7C
12
Notes of delegation member
on conversation with OIC
13
Notes of delegation member
on conversation with OIC b6, b7C .
b6
14
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
15
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
16
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.9.
17
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.6.
18
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.3.
19
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.14.
20
San Pedro Processing Center Detainee Handbook (“Detainee Handbook”) at 11-12.
21
Notes of delegation member
on conversation with OIC b6, b7C and detainee
b6
22
Notes of delegation member
on conversation with Officer b6, b7C and detainee
b6, b7C .

11

3
LA\1619448.1

b6, b7C
b6, b7C

.

On the basement level of the Center, there are three visitation rooms that can be
used for attorney visitation.23 Each room is sufficiently lit and is furnished with a table and
several chairs.24 Detainees are not subject to strip searches after meeting with their attorneys.25
2.

Visitation by Family and Friends

The Standards require that written procedures governing visitation should be
given to each detainee upon admittance and should be available to the public in both written
form and telephonically.26 Facilities should allow visits from family and friends during set hours
on Saturdays, Sundays, and holidays27 to “maintain detainee morale and family relationships.”28
When the established visiting hours pose a hardship for particular visitors, the facility should
accommodate visitors’ scheduling needs when possible.29 Additionally evening visiting hours
may be established to the extent permitted by staff resources.30 The visitor area should be “as
comfortable and pleasant as practicable.”31 The Standards recommend that visitation be allowed
for those adult visitors providing adequate identification,32 and who are in compliance with the
dress code.33
Visits should be at least thirty minutes and longer when possible.34 At facilities
that allow visitation by minors, a supervisor may approve a minor’s admission upon verification
of his/her identity by the accompanying adult visitor.35 According to the facility’s written
procedures, property or money should not be allowed to be given directly to the detainee, and
any such items for detainees must be approved by the shift supervisor.36
The Center substantially meets this section of the Standards, although visitors
may be required to wait under uncomfortable conditions. The Detainee Handbook contains a
written copy of the visiting schedule. Non-contact visitation is allowed for nine hours on
Saturdays, Sundays, and holidays and for three evening hours on Tuesdays and Thursdays.37
While the Handbook does not indicate the length of each visit, one detainee indicated that visits
are generally permitted up to thirty minutes.38 However, the same detainee indicated that
23

Observation of delegation member
b6
Observation of delegation member
25
b6
Notes of delegation member
on conversation with Officer b6, b7C and detainee
b6, b7C .
26
Detention Operations Manual, Detainee Services, Standard 17, Section III.B.
27
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
28
Detention Operations Manual, Detainee Services, Standard 17, Section I.
29
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
30
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
31
Detention Operations Manual, Detainee Services, Standard 17, Section III.G.
32
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.3.
33
Detention Operations Manual, Detainee Services, Standard 17, Section III.F.
34
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
35
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.2.d.
36
Detention Operations Manual, Detainee Services, Standard 17, Section III.D.
37
Detainee Handbook at 11.
38
Notes of delegation member
, on interview with detainee b6, b7C .
b6
24

4
LA\1619448.1

b6, b7C

occasionally visits from friends and family are limited to fifteen minutes due to security or
medical emergencies.39 The detainee also remarked that her family has had to arrive very early
in the morning (usually around 5 a.m.) in order to get in line.40 The detainee indicated that
visitors endure long waits in uncomfortable conditions, typically outside the facility in the sun,
before being allowed inside.41 Another detainee indicated that the Center limited the number of
visitors, and if there were too many visitors in the morning, they would be told to come back in
the afternoon.42
B.

Telephone Access
1.

General Requirements

The Standards suggest that facilities provide detainees with reasonable and
equitable access to telephones during established facility waking hours.43 In order to meet this
requirement, facilities must provide at least one telephone for every twenty-five detainees.44 The
duration and frequency of telephone calls other than calls to legal representatives may be
restricted only for reasons of availability, orderly operation of the facility, and emergencies.45
The Center meets this section of the Standards. Each pod, housing
approximately fifty people, contains seven telephones.46 Detainees are able to freely use the
phones in their pod, either by making a collect call or using a calling card bought from the
Center.47 There is no time limit to the detainees’ use of the phones.48
2.

Direct vs. Collect Calls

The Standards allow facilities to generally limit telephone service to collect calls;
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.49 “In SPCs/CDFs,
[ICE] has required its telephone service provider to program the telephone system to permit
detainees free calls to numbers on the official pro bono legal representation list and to consulates
….”50 The facility shall not require indigent detainees to pay for these types of calls if local, nor
for non-local calls if there is a compelling need.51 In addition, the facility should allow all
39

Notes of delegation member
, on interview with detainee
b6
Notes of delegation member
, on interview with detainee b6, b7C
41
Notes of delegation member
, on interview with detainee
42
b6
b6, b7C
Notes of delegation member
on interview with detainee
43
Detention Operations Manual, Detainee Services, Standard 16, Sections I & III.A.
44
Detention Operations Manual, Detainee Services, Standard 16, Section III.C.
45
Detention Operations Manual, Detainee Services, Standard 16, Section III.F.
46
b6
Observation of delegation member
.
47
Notes of delegation member
, on conversation with Officer
.
b6
b6, b7C
48
Notes of delegation member
, on conversation with Officer
.
49
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
40

50
51

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

5
LA\1619448.1

.

detainees to make calls to the ICE-listed free legal service providers and consulates at no charge
to the detainee or the receiving party.52
The Center does not meet this section of the Standards: the telephones do not
permit any free calls; the delegation was unable to reach the three consulates it attempted
to call by dialing the listed numbers; and dialing instructions were not posted in Spanish in
the pod. The current phone system used at the Center prompts detainees to choose to make
either a paid call or a collect call.53 Paid calls can only be completed using a calling card, which
can be purchased starting at five dollars.54
Phones are not preprogrammed to make free calls, not even to call consulates or
pro-bono legal offices as required by the Standards.55 Detainees must call collect or use a phone
card to make those calls.56 The numbers for consulates and pro bono legal offices are posted
near the phones in the pod.57 However, when one delegation member attempted to dial a listed
number for the Mexican consulate, the call did not go through.58 Another delegation member
attempted to dial the listed numbers for the Ghanaian and Ethiopian consulates, and those calls
did not go through, either.59
One detainee indicated that she has had problems contacting her attorney using
the phones.60 She indicated that whereas she was previously able to call her attorney collect, she
now has to use a phone card in order to reach his office because the collect calls do not
connect.61 Another detainee found it difficult to get in contact with an attorney without using a
calling card, and he found that option to be cost prohibitive.62 In pod 5, one delegation member
observed that dialing instructions were provided in English and Chinese, but not in Spanish.63
3.

Telephone Usage Restrictions

The Standards provide that the facility shall not restrict the number of calls a
detainee places to his/her legal representatives, nor limit the duration of such calls by automatic
cutoff, unless necessary for security purposes or to maintain orderly and fair access to
telephones.64 If time limits are necessary, they shall be no shorter than 20 minutes.65
52

Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
b6
Observation of delegation member
54
b6
b6
Notes of delegation member
on conversation with Officer
.
55
b6
b6
Observation of delegation members
and
; Detention Operations Manual, Detainee
Services, Standard 16, Section III.E.
56
b6
b6
Observation of delegation members
and
.
57
b6
Observation of delegation member
.
58
b6
Observation of delegation member
.
59
b6
Observation of delegation member
.
60
Notes of delegation member
, on interview with detainee
.
b6
b6, b7C
61
Notes of delegation member
, on interview with detainee
.
62
b6
b6, b7C
Notes of delegation member
, on conversation with detainee
.
63
b6
Observation of delegation member
.
64
Detention Operations Manual, Detainee Services, Standard 16, Section III.F.
65
Detention Operations Manual, Detainee Services, Standard 16, Section III.F.
53

6
LA\1619448.1

The Center meets this section of the Standards. Detainees are not restricted in
their number of phone calls, or in the duration of their calls.66 The Handbook indicates that a 20minute limit may be placed on calls when telephone demand is high, but that did not appear to be
a problem67 The Center’s policy is that telephones may be turned off to ensure the orderly
operation of the facility, and when necessary for security purposes or emergencies.68
4.

Privacy for Telephone Calls on Legal Matters

The Standards provide that a facility should provide a reasonable number of
phones that afford detainees privacy in which to discuss legal matters without being overheard
by officers, facility staff, or fellow detainees.69
The Center does not fully meet this section of the Standards: there is
apparently one office phone where detainees may make private calls, but detainees were
not aware that it is available. Telephones at the Center are located in public dayrooms with no
detainees can request to make private
privacy safeguards.70 According to Officer b6, b7C
71
phone calls on the office phone. However, one detainee indicated that she and other detainees
generally did not know about this option, and felt as though they never had privacy when making
their phone calls.72
5.

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.73 At Service
Processing Centers, this is to occur no less than three times per day.74 Moreover, detainees are to
be allowed to return emergency telephone messages, which are to include the caller’s name and
telephone number, “as soon as reasonably possible within the constraints of security and
safety.”75
The Center meets this section of the Standards. The facility delivers phone
messages from attorneys to detainees throughout the day.76 Detainees were pleased with the
promptness of the message delivery system.77 Emergency phone calls are handled based on what

66

Notes of delegation member
on conversation with Officer
.
b6
b6, b7C
Notes of delegation member
on conversation with Officer
; Detainee Handbook at 9.
68
Detainee Handbook at 9.
69
Detention Operations Manual, Detainee Services, Standard 16, Section III.J.
70
b6
Observation of delegation member
.
71
Notes of delegation member
on conversation with Officer b6, b7C
b6
72
b6, b7C
Notes of delegation member
on interview with detainee
.
73
Detention Operations Manual, Detainee Services, Standard 16, Section III.I.
74
Detention Operations Manual, Detainee Services, Standard 16, Section III.I.
75
Detention Operations Manual, Detainee Services, Standard 16, Section III.I.
76
Notes of delegation member
on conversation with OIC b6, b7C and Officer b6, b7C .
b6
77
b6, b7C
b6, b7C
Notes of delegation member
on interviews with detainees
and
.
67

7
LA\1619448.1

the nature of the emergency is; for example, if a relative has died, the facility will contact the
chaplain to deliver the message accompanied by an officer.78
C.

Access to Legal Materials

The Standards state that facilities holding ICE 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.”79
1.

Access to the Library

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.80 Additionally, each detainee shall be permitted to use the law library
for a minimum of five hours per week.81
The Center meets this section of the Standards. Each detainee is permitted an
hour of library access per day.82 Once a week, each detainee is given an extra hour of library
time.83 In addition, detainees may request additional library time.84 Additional library time is
typically provided to those detainees with approaching court dates.85 Detainees never have to
forego recreation time in order to visit the library.86 The schedule is organized on a sign-up basis
and coordinated to not conflict with other scheduled activities.87 Only ten detainees from each
housing unit are allowed to visit the library each day.88 However, the officer responsible for
b6
scheduling, Recreation Specialist
ensures that each detainee receives his or her
library time each day.89
2.

Library Conditions

The Standards recommend that a facility’s library occupy a space sufficient to
allow “reasonable access” to those detainees wishing to perform legal research and writing. The
room should be well-lit, reasonably isolated from noisy areas of the facility, and shall contain
ample chairs and tables.90

78

b6
Notes of delegation member
on conversation with Officer b6, b7C .
Detention Operations Manual, Detainee Services, Standard 1, Section I.
80
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
81
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
82
Notes of delegation member
, on conversation with Officer b6, b7C.
83
Notes of delegation member
, on interviews with detainees b6, b7C and
84
b6, b7C
Notes of delegation member
, on interview with detainee
85
Notes of delegation member
, on conversation with Officer
.
b6
86
Notes of delegation member
, on conversation with Officer
.
87
Notes of delegation member
, on conversation with Officer b6, b7C.
88
Notes of delegation member
, on conversation with Officer
.
89
Notes of delegation member
, on conversation with Officer
.
90
Detention Operations Manual, Detainee Services, Standard 1, Section III.A.

79

8
LA\1619448.1

b6, b7C

.

The Center meets this section of the Standards. The library is a large, quiet
room with three square tables, each with four chairs.91 It appears that the library could
comfortably accommodate between ten and twelve people at a time.92
3.

Library Supplies and Materials Identified in the Standards

The Standards suggest that each facility’s 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.”93 The law library should also
offer the materials listed in Attachment A to the chapter on Access to Legal Materials.94 The
facility should post a list of its holdings.95
The Center substantially meets this section of the Standards: it appears that
only two of the required materials are missing from the library. The Center maintains a list
of available legal materials in the library; the lists are updated regularly.96 At the time of our
visit, the “Daily Law Material Inventory Sheet” indicated that the list had been updated on June
23, 2006.97 ICE staff confirmed that the materials are updated as soon as new editions are
available and the list is updated as soon as new materials come in.98 The delegation confirmed
that materials available in the library were current.99 There are forty-six sources listed in the
Center’s list of legal materials; only two of the materials cited in the Standards were not
available100:
•
•

Administrative Decisions Under Immigration and Nationality Laws
Immigration and Naturalization Service Basic Law Manual

The library provides four computers, two typewriters, writing tools, paper, and
other supplies necessary for conducting legal research.101 The computers operate on a standalone system without internet access.102 Detainees are given free access to LexisNexis to
perform legal research, in addition to the written materials in the library.103 Detainees are
permitted to retain their legal research materials in their pods.104

91

Observation of delegation member
b6
Observation of delegation member
93
Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
94
Detention Operations Manual, Detainee Services, Standard 1, Attachment A.
95
Detention Operations Manual, Detainee Services, Standard 1, Section III.C.
96
Notes of delegation member
, on conversations with Officers b6, b7C and b6, b7C
b6
97
SPSPC Daily Law Material Inventory Sheet.
98
b6
Notes of delegation member
, on conversation with Officer b6, b7C
99
b6, b7C
Observation of delegation member
100
Observation of delegation member
.
b6, b7C
101
Notes of delegation member
, on conversation with Officer
102
Notes of delegation member
, on conversation with Officer b6, b7C
b6
103
Notes of delegation member
, on conversation with Officer
104
Notes of delegation member
, on interviews with detainees b6, b7C and
92

9
LA\1619448.1

b6, b7C

.

4.

Requests for Additional Legal Material

The Standards suggest that detainees who require legal material not available at
the facility may make a written request for the material, and the facility shall inform the ICE
contact person of the request to answer in a timely manner.105
The Center appears to meet this section of the Standards. Detainees may
b6
request the acquisition of new materials from the Recreation Specialist,
and he
106
does what he can to obtain those materials.
5.

Assistance from Other Detainees

The Standards state that the facility “shall permit detainees to assist other
detainees in researching and preparing legal documents upon request, except when such
assistance poses a security risk.”107
The Center meets this section of the Standards. Detainees may obtain the help
of other detainees during their scheduled library time to assist in explaining or interpreting legal
materials.108 Two detainees indicated that fellow detainees had come to them with questions,
and they were providing them assistance in explaining legal matters.109
6.

Photocopies

The Standards suggest that detainees should be able to obtain photocopies of legal
materials when “reasonable and necessary for a legal proceeding involving the detainee.”110 The
detainee must be permitted to make enough copies to file with the court and retain a personal
copy, and requests can be denied only for security reasons, violations of law, or if the request is
excessive or abusive.111
The Center appears to meet this section of the Standards. Conversations with
facility employees indicated that the Center provides legal document photocopies as long as the
detainee requests a reasonable amount.112 The detainee must request copies from an officer.113
Copies are made in a timely manner.114

105

Detention Operations Manual, Detainee Services, Standard 1, Section III.I.
b6
Notes of delegation member
, on conversation with Officer b6, b7C
107
Detention Operations Manual, Detainee Services, Standard 1, Section III.K.
108
b6
b6, b7C
Notes of delegation member
, on interview with detainee
.
109
b6
b6,
b7C
Notes of delegation member
on conversation with detainees
b6, b7C .
110
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
111
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
112
Notes of delegation member
on conversation with Officers
and
113
b6
Notes of delegation member
on conversation with Officers b6, b7C and b6, b7C
114
Notes of delegation member
on conversation with Officers
and
106

10
LA\1619448.1

and

b6, b7C

7.

Computers and Typewriters

The Standards require that facilities provide an adequate number of typewriters
and/or computers, as well as office supplies to enable detainees to prepare for legal
proceedings.115
The Center meets this section of the Standards. There are four computers in
the law library as well as two typewriters.116 Detainees reported that they were supplied with
office materials.117 There was also a good deal of office supplies visible and available in the
library.118 The computers are equipped with immigration law materials: one has extensive case
law that is updated quarterly, another has access to Lexis-Nexis, and a third is equipped with a
Matthew Bender series on immigration.119 However, there are no instructions about how to
utilize either Lexis-Nexis or Matthew Bender.120 The computers are not equipped with CDROM drives, and the detainees are unable to save material to disks.121
8.

Personal Legal Materials

The Standards state that each facility shall permit detainees to retain all personal
material unless it creates a safety, security or sanitization hazard.122
The Center meets this section of the Standards. Detainees have personal space
in which to store legal materials and personal artifacts.123 Only if the amount of materials
becomes burdensome will staff limit the materials the detainee is allowed to keep in his or her
personal space.124 If necessary, detainees are allowed to keep items in storage facilities that they
can access at minimum on a weekly basis.125
D.

Group Rights Presentations

The Standards provide that facilities holding ICE detainees, through IGSA, “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 each facility.”126 Attorneys and legal representatives (including paralegals and legal
assistants, with the proper supervision or written notice thereof) must submit written requests to

115

Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
b6
Observation of delegation member
.
117
b6
b6, b7C
Notes of delegation member
, on conversation with detainees
and
118
Observation of delegation member
.
119
b6
Observation of delegation member
.
120
Observation of delegation member
.
121
b6
Notes of delegation member
, on conversation with Officers b6, b7C and b6, b7C
122
Detention Operations Manual, Detainee Services, Standard 1, Section III.K.
123
b6
Notes of delegation member
, on conversation with Officer b6, b7C .
124
b6
Notes of delegation member
on conversation with Officer b6, b7C .
125
b6
Notes of delegation member
, on conversation with OIC b6, b7C
126
Detention Operations Manual, Detainee Services, Standard 9, Section I.
116

11
LA\1619448.1

b6, b7C

.

ICE to conduct such presentations.127 Presentations should be scheduled during normal legal
visiting hours, excluding weekends and holidays.128 At least 48 hours before a scheduled
presentation, informational posters are to be prominently displayed in the housing units.129
Presentations are open to all detainees, and alternative arrangements should be made if a detainee
cannot attend for security or segregation reasons.130 Additionally, the facility “may limit the
number of detainees at a single session.”131 The facility should select and provide an
environment conducive to the presentation and allow at least one hour for a presentation and
question-and-answer session.132 Presenters may distribute ICE-approved materials.133
Individual counseling should be permitted following a group presentation.134 Finally, the facility
should provide regular opportunities for detainees to view ICE-approved videotaped
presentations on legal rights.135
The Center meets this section of the Standards. According to OIC b6, b7C
there are no restrictions on group rights presentations.136 The Detainee Handbook states that
notifications for presentations will be posted in advance, and that all detainees are permitted to
attend; if a detainee presents a security risk, alternative arrangements will be made.137 However,
there are currently no regular group presentations being given because the government is in the
process of selecting a specific group to make the presentations; to this end, three groups have
already visited the facility and one more is scheduled to visit in the near future.138 The frequency
of presentations will be determined once the selection process is over, and will also depend upon
the size of the detainee population at that time.139
Two of the detainees who were interviewed stated that they had never heard about
any group rights presentations being held in the facility.140 They did say, however, that the ICEdistributed “Know Your Rights” video is shown daily in each housing unit.141 Officer b6, b7C
further noted that the video is shown to each detainee upon initial entry into the facility.142

IV.

OTHER PROVISIONS OF THE ICE DETENTION STANDARDS

127

Detention Operations Manual, Detainee Services, Standard 9, Section III.A.
Detention Operations Manual, Detainee Services, Standard 9, Section III.B.
129
Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
130
Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
131
Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
132
Detention Operations Manual, Detainee Services, Standard 9, Section III.E.
133
Detention Operations Manual, Detainee Services, Standard 9, Section III.F.
134
Detention Operations Manual, Detainee Services, Standard 9, Section III.G.
135
Detention Operations Manual, Detainee Services, Standard 9, Section III.I.
136
b6
Notes of delegation member
, on conversation with OIC b6, b7C .
137
Detainee Handbook at 12.
138
Notes of delegation member
, on conversation with OIC
b6
b6, b7C
139
Notes of delegation member
, on conversation with OIC
140
b6
b6
Notes of delegation members
and
on interviews with detainees
b6, b7C
and
.
141
b6
b6
Notes of delegation members
and
, on interviews with detainees
b6, b7C
and
.
142
Notes of delegation member
, on conversation with Officer b6, b7C .
b6
128

12
LA\1619448.1

b6, b7C

b6, b7C

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.143 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 do.144 Special
correspondence – which includes all written communication to or from attorneys, legal
representatives, judges, courts, government officials, and the news media – is treated
differently.145 Incoming special correspondence can be inspected for contraband only in the
presence of the detainee, but it can never be read or copied.146 Outgoing special correspondence
cannot be opened, inspected, or read.147 The Standards also require that the facility provide free
stamps and envelopes for indigent detainees wishing to engage in legal correspondence,
including correspondence with a current or potential legal representative or with any court.148
The Center meets or exceeds the requirements of this section of the
Standards. Facility staff open all incoming correspondence in the detainee’s presence, and
inspect it for contraband, but do not read it.149 Facility staff mail all outgoing detainee mail, and
do not read it.150
All detainees are provided with an unlimited number of free envelopes and free
mailing related to legal matters upon submitting their request to a guard.151 For other materials,
mailing is generally provided free of charge as well.152 The facility does not publish rules for
providing indigent and other detainees free postage.153 The facility also does not provide written
instructions on how to obtain writing implements, paper and envelopes, but most detainees
seemed to know that simply requesting them from an officer was enough to get supplies.154
B.

Access to Medical Care

143

Detention Operations Manual, Detainee Services, Standard 3, Section III.A.
Detention Operations Manual, Detainee Services, Standard 3, Section III.B & E.
145
Detention Operations Manual, Detainee Services, Standard 3, Section III.B, E, & F.
146
Detention Operations Manual, Detainee Services, Standard 3, Section III.B & E.
147
Detention Operations Manual, Detainee Services, Standard 3, Section III.B & F.
148
Detention Operations Manual, Detainee Services, Standard 1, Section III.N.
149
b6
b6
Notes of delegation members
and
, on conversation with OIC b6, b7C and Officer
b6, b7C .
150
Notes of delegation member
, on conversation with Officers b6, b7C and b6, b7C and with OIC b6, b7C .
b6
151
Notes of delegation member
, on conversation with OIC b6, b7C ; notes of delegation member b6
on interview with detainee b6, b7C
b6
152
b6
Notes of delegation member
, on interview with detainee b6, b7C .
153
b6
Notes of delegation member
, on conversation with OIC b6, b7C , Officers b6, b7C and b6, b7C and
b6, b7C
b6, b7C
detainees
and
.
154
b6, b7C
b6
b6
Notes of delegation members
and
, on interviews with detainees
,
b6, b7C
, b6, b7C
and
.
b6, b7C
144

13
LA\1619448.1

The Standards suggest that all detainees have access to medical services that
promote detainee health and general well-being.155 Each facility is suggested to have regularly
scheduled times, known as sick call, when medical personnel are available to see detainees who
have requested medical services.156 For a facility of over 200 detainees, a minimum of five days
per week is suggested.157 Facilities must also have procedures in place to provide emergency
medical care for detainees who require it.158 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.159 If a detainee is diagnosed as having a medical or psychiatric condition requiring
special attention (e.g., special diet), the medical care provider is required to notify the Officer-inCharge in writing.160
The Standards recommend that Service Processing Centers possess adequate
space and equipment such that detainees may obtain basic health examinations and treatment in
private, within an area restricted from general detainee access.161
The Center appears to meet this section of the Standards, although detainees
disagreed about the level of care. The Center boasts an ambulatory clinic run by the U.S.
Public Health Service. The clinic’s staff includes one doctor, four physician’s assistants, and
three nurses.162 In addition, there is one psychiatrist that provides mental health services.163
Several members of the staff are conversant in Spanish, and a phone service is available to
provide interpretation of other languages.164 One detainee, however, stated that she was not
aware of the phone service, and had heard of situations in which other detainees had difficulty
understanding what the medical personnel were telling them.165
Each detainee receives a medical pre-screening before arriving at the Center, and
upon arrival, goes through a thorough screening process to identify any major medical issues,
such as chronic illness.166 In addition, each detainee receives a physical within two weeks of his
arrival.167 The Center has contracts with local hospitals to provide service when the clinic is
unable to handle an emergency or other serious medical problem.168

155

Detention Operations Manual, Health Services, Standard 2, Section I.
Detention Operations Manual, Health Services, Standard 2, Section I.
157
Detention Operations Manual, Health Services, Standard 2, Section I.
158
Detention Operations Manual, Health Services, Standard 2, Section III.A, D, & G.
159
Detention Operations Manual, Health Services, Standard 2, Section III.H.
160
Detention Operations Manual, Health Services, Standard 2, Section III.J.
161
Detention Operations Manual, Health Services, Standard 2, Section III.B.
162
Notes of delegation member
, on conversation with OIC
.
b6, b7C
163
Notes of delegation member
, on conversation with OIC
.
164
Notes of delegation member
, on conversation with Dr. b6, b7C
165
b6, b7C
b6
Notes of delegation member
, on interview with detainee
166
Notes of delegation member
, on conversation with Dr.
.
b6
167
Notes of delegation member
, on conversation with Dr.
.
168
Notes of delegation member
, on conversation with OIC b6, b7C
156

14
LA\1619448.1

.

Detainees may obtain medical attention by submitting a request known as a “sick
call.”169 Non-emergency medical requests are generally accommodated as time permits, but the
more serious the problem, the sooner the detainee will be seen at the clinic.170 One detainee
noted that there was no doctor available on weekends, and that when detainees felt ill over a
weekend, they were generally only offered Tylenol or other basic medications.171 Detainees did
not agree as to the responsiveness of the medical unit. One female detainee said that medical
help was immediate upon request.172 A male detainee claimed that medical attention could take
a week unless the detainee “laid on the ground in pain.”173 The female detainee noted, however,
that medical access seems to be more readily available to detainees in the lower security pods.174
The Center provides suppressive medication to individuals diagnosed with
HIV.175 The Center has housed detainees on dialysis, detainees who are pregnant and detainees
with a number of other medical conditions.176
C.

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.177 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.178
The Center does not appear to meet this section of the Standards, because it
generally does not provide dental care. The Center does not currently have a dentist employed
at the facility, and according to OIC b6, b7C , dental care is generally unavailable for detainees
unless there is a severe problem.179 There was no mention of an initial dental screening exam.180
D.

Detainee Classification

The Standards suggest that detention facilities use a classification system and
physically separate detainees in different categories.181 A detainee’s classification is to be
169

b6
b6, b7C
b6, b7C
Notes of delegation member
, on interviews with detainees
and
Detainee Handbook at 6.
171
b6
b6, b7C
Notes of delegation member
, on interview with detainee
, and notes of
b6
b6, b7C
delegation member
, on interview with detainee
.
172
Notes of delegation Member
, on interview with detainee b6, b7C .
b6
173
Notes of delegation member
, on interview with detainee
.
b6, b7C
174
b6
b6,
b7C
Notes of delegation member
, on interview with detainee
.
175
Notes of delegation member
on conversation with Officer
and OIC
b6
b6, b7C
b6, b7C
176
Notes of delegation member
on conversation with Officer
and OIC
177
Detention Operations Manual, Health Services, Standard 2, Section III.E.
178
Detention Operations Manual, Health Services, Standard 2, Section III.E.
179
b6
Notes of delegation member
, on conversation with OIC b6, b7C .
180
b6
Observation of delegation member
181
Detention Operations Manual, Detainee Services, Standard 4, Section I.

170

15
LA\1619448.1

.

determined on “objective” criteria, including criminal offenses, escape attempts, institutional
disciplinary history, violent incidents, etc.182 Opinions, unconfirmed and unverified information,
and physical characteristics and appearance are not to be taken into account.183 Classification is
required in order to separate detainees with no or minimal criminal records from inmates with
serious criminal records.184
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.185 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.”186
The Center appears to meet this Standard. The Center classifies detainees
according to security risk.187 Upon arrival, detainees are classified as Level 1, 2, or 3 based on
their criminal history, with 1 being the least serious and 3 being the most serious.188 Level 1
detainees reside separately from Level 2 and Level 3 detainees, who are housed together.189 The
different levels are marked by color; Level 1 detainees wear navy blue, Level 2 detainees wear
orange, and Level 3 detainees wear red.190
The facility does not segregate gay, lesbian, or transgender detainees unless
segregation is requested by a detainee.191 Any detainee can request to be placed in protective
custody, and can also choose when to be released back into the general population.192 If a
detainee is separated from the general population by request or because of a violent act, he still
retains all privileges.193
Detainees have the opportunity to appeal their classifications.194 However, one
detainee who is currently classified as Level 3 was not aware that she had the right to appeal her
classification.195 In order to contest a classification, a detainee should write his appeal on a
“Detainee Request Form” and direct it to the reviewing officer, who will then forward a
recommendation to the Chief Immigration Enforcement Agent (CIEA).196 Appeals are resolved
182

Detention Operations Manual, Detainee Services, Standard 4, Section III.D.
Detention Operations Manual, Detainee Services, Standard 4, Section III.D.
184
Detention Operations Manual, Detainee Services, Standard 4, Sections III.A & E.
185
Detention Operations Manual, Detainee Services, Standard 4, Sections III.G & H.
186
Detention Operations Manual, Detainee Services, Standard 4, Section III.I.
187
Notes of delegation member
, on conversation with Officer
.
b6
b6, b7C
188
Notes of delegation member
, on conversation with Officer
. See also Detainee
Classification System – Primary Assessment Form.
189
Notes of delegation member
on conversation with Officer
.
190
Notes of delegation member
on conversation with Officer
.
191
Notes of delegation member
on conversation with Officer
.
b6, b7C
192
b6
Notes of delegation member
on conversation with Officer
.
193
Notes of delegation member
on conversation with Officer
.
194
Notes of delegation member
on conversation with Officer
.
195
b6, b7C
Notes of delegation member
on interview with detainee
196
Detainee Handbook at 5.
183

16
LA\1619448.1

within five business days, and the detainee will be notified within ten business days of the
outcome.197 The detainee has the right to appeal the CIEA’s decision to the Officer in Charge
(OIC), who then issues a decision that cannot be appealed.198 In addition, every 45 to 90 days,
there is a review of classifications, and based on detainees’ history in the facility, classification
levels can be lowered or raised.199
E.

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.”200
Participation must be voluntary, and detainees are required to work according to a fixed
schedule.201 Detainees shall “receive monetary compensation for work completed in accordance
with the facility’s standard policy.”202
The Center meets this Standard. There is a voluntary work program for
detainees. Male detainees are permitted to work in the kitchen, while female detainees are
permitted to work in the laundry.203 Detainees can also work by cleaning the pods and restroom
area.204 According to OIC b6, b7C , the per day wage is $1, as set by the U.S. Congress.205
Detainees can work seven days a week but are not permitted to work more than eight hours per
day.206
F.

Detainee Grievance Procedures

The Standards suggest that every facility “develop and implement standard
operating procedures (“SOP”) that address detainee grievances” and make every effort to resolve
a detainee’s complaint or grievance informally before following more formalized procedures.207
If a more formal procedure is necessary, the Officer-in-Charge must allow detainees to submit
formal, written grievances to the facility’s grievance committee.208 Each SOP should, among
other things, “establish a reasonable time limit for: (i) processing, investigating, and responding
to grievances; (ii) convening a grievance committee to review formal complaints; and (iii)
providing written responses to detainees who filed formal grievances, including the basis for the
decision.”209

197

Detainee Handbook at 5.
Detainee Handbook at 5.
199
Detainee Handbook at 5. See also Detainee File Reclassification/Review Form.
200
Detention Operations Manual, Detainee Services, Standard 18, Sections I & III.A.
201
Detention Operations Manual, Detainee Services, Standard 18, Sections III.A & H.
202
Detention Operations Manual, Detainee Services, Standard 18, Sections III.K.
203
Notes of delegation member
, on conversation with OIC
.
204
b6
Notes of delegation member
, on conversation with OIC b6, b7C .
205
Notes of delegation member
, on conversation with OIC
.
206
b6
Notes of delegation member
, on conversation with Officer b6, b7C .
207
Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.A.1.
208
Detention Operations Manual, Detainee Services, Standard 5, Section III.A.2.
209
Detention Operations Manual, Detainee Services, Standard 5, Section I.
198

17
LA\1619448.1

The Standards also provide that an appeals process should be in place if a
detainee does not accept the grievance committee’s decision.210 The facility should also provide
each detainee, upon admittance, a copy of the detainee handbook or equivalent, detailing the
procedures for filing and resolving a grievance and appeal.211 The detainee handbook should
also notify detainees of procedures for contacting ICE to appeal the decision of the OIC of the
facility, and of the opportunity to file a complaint about officer misconduct directly with the
Department of Justice.212
The Center appears to meet this Standard. The Handbook contains all of the
elements suggested in the Standard, and the address provided for the Department of Justice
appears to be an update from that listed in the Standard.213 Detainees were generally aware of
the grievance and disciplinary procedures.214
The Handbook states that informal or oral grievances will be resolved by staff
informally.215 If the grievance is beyond the scope of the staff’s authority, the staff will notify
the Supervisory Immigration Enforcement Agent (SIEA) or contract equivalent.216 The SIEA
may try to resolve the matter or can choose to have the detainee initiate a formal grievance.217
According to the Handbook, detainees have the option to bypass or terminate the
informal grievance process, and proceed directly to the formal grievance stage.218 Formal
grievances are delivered by authorized personnel directly to the OIC.219 The first-line supervisor
will meet with the detainee to attempt to resolve the issue, but if that is not successful, the
supervisor will refer the grievance to the next level of supervision or the appropriate department
head. If the detainee does not accept the department head’s solution, a Detainee Grievance
Committee (DGC) will convene, and if the detainee does not accept the DGC decision, he can
appeal it to the OIC, whose decision is final.220 One detainee had just filed a grievance with
several members of her pod the day before the delegation’s visit and was waiting for followup.221 She indicated that she had never heard of anyone encountering problems with the
grievance process.222
G.

Religious Practices

210

Detention Operations Manual, Detainee Services, Standard 5, Section III.C.
Detention Operations Manual, Detainee Services, Standard 5, Section III.G.
212
Detention Operations Manual, Detainee Services, Standard 5, Section III.G.
213
Detainee Handbook at 20-21.
214
Notes of delegation member
on interviews with detainees b6, b7C and
b6
215
Detainee Handbook at 20.
216
Detainee Handbook at 20.
217
Detainee Handbook at 20.
218
Detainee Handbook at 20.
219
Detainee Handbook at 20.
220
Detainee Handbook at 20-21.
221
Notes of delegation member
on interview with detainee
.
b6, b7C
b6
222
Notes of delegation member
on interview with detainee
.
211

18
LA\1619448.1

b6, b7C

.

The Standards provide that detainees “will be provided reasonable and equitable
opportunities to participate in the practices of their respective faiths.”223 Practices will be
constrained only by “concerns about safety, security, the orderly operation of the facility, or
extraordinary costs associated with a specific practice.”224 A detainee should be allowed to wear
or use personal religious items during religious services and to wear religious headwear around
the facility, consistent with considerations of security, safety, or good order.225 The facility
should also, within reason, accommodate detainee’s religious dietary requirements.226
The Center appears to meet this Standard. The facility provides a room for a
variety of religious practices.227 The multi-denominational chapel is located on the second floor,
and the Center will hire chaplains or other religious figures as the need arises.228 The specific
denominations will depend on the needs and requests of the detainee population.229 These
denominations currently include Christians, Jews, and Muslims.230 Prayer mats are provided to
Muslims to keep within their pods.231 The Center will also make accommodations for religious
dietary needs.232
H.

Disciplinary Policy

The Standards state that in order to provide a safe and orderly living environment,
“facility authorities will impose disciplinary sanctions on any detainee whose behavior is not in
compliance with facility rules and procedures.”233 Facilities holding ICE detainees should have a
detainee disciplinary system with “progressive levels of reviews, appeals, procedures, and
documentation procedures.”234 The disciplinary policy and procedures should clearly define
detainee rights and responsibilities.235 Disciplinary action may not be capricious or retaliatory,
and may not impose any of the following sanctions: “corporal punishment; deviations from
normal food services; deprivation of clothing, bedding, or items of personal hygiene; deprivation
of correspondence privileges; or deprivation of physical exercise unless such activity creates an
unsafe condition.”236 The detainee handbook or equivalent handbook, issued to detainees upon
admittance, should provide notice of all of the facility’s rules of conduct and advise detainees of
their rights to protection from personal abuse, discrimination, and their other rights.237 Officers
who witness rule violations must submit an incident report, which must be investigated within
223

Detention Operations Manual, Detainee Services, Standard 14, Section I.
Detention Operations Manual, Detainee Services, Standard 14, Section I.
225
Detention Operations Manual, Detainee Services, Standard 14, Section III.K.
226
Detention Operations Manual, Detainee Services, Standard 14, Section I.M.
227
Notes of delegation member
, on conversation with Officer
and on personal observation.
228
Notes of delegation member
, on conversation with Officer
and on personal observation.
229
Notes of delegation member
, on conversation with Officer
and on personal observation.
b6
b6, b7C
230
Notes of delegation member
, on conversation with Officer
and on personal observation.
231
Notes of delegation member
, on conversation with Officer
and on personal observation.
232
Notes of delegation member
, on conversation with Officer
and on personal observation.
233
Detention Operations Manual, Security and Control, Standard 5, Section I.
234
Detention Operations Manual, Security and Control, Standard 5, Section III.A.1.
235
Detention Operations Manual, Security and Control, Standard 5, Section III.A.1.
236
Detention Operations Manual, Security and Control, Standard 5, Sections III.A.2 & 3.
237
Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.
224

19
LA\1619448.1

twenty-four hours.238 Facilities should have a disciplinary panel in place to adjudicate detainee
incident reports.239 Only the disciplinary panel can place a detainee in disciplinary
segregation.240
The Center does not fully meet this section of the Standards; the Detainee
Handbook does not notify detainees of their right to protection from abuse, excessive use of
force, harassment, or discrimination. According to OIC b6, b7C , problems with violent
detainees are generally rare because of constant supervision by officers and security cameras.241
If a detainee commits a prohibited act, he may be placed in administrative segregation based on
the seriousness of the incident.242 While segregated, a detainee generally retains all privileges.243
Within one day of the incident, an ICE Agent conducts an investigation and forwards a report to
the Unit Disciplinary Committee (the “UDC”), who determines the validity of the report and
decides whether the incident is serious enough to refer it to the Institution Disciplinary Panel (the
“IDP”).244 Sanctions range from a warning to initiation of criminal proceedings.245
The detainee has the right to appeal the decision of the UDC or the IDP to the
OIC, and if he or she wishes to pursue an appeal beyond that level, the detainee can file an
appeal with the Department of Homeland Security, Office of Internal Audit.246 A list of
prohibited acts is provided in the Handbook, along with a list of the rights of detainees prior to
appearing before the IDP.247 Although the Handbook states that corporal punishment will never
be used as a form of discipline,248 it does not advise detainees of their right to protection from
abuse, excessive use of force, and harassment, or the right to be free from discrimination.249
I.

Staff-Detainee Communication/ICE Presence at the Facility
1.

Scheduled Contact with Detainees

The Detention Standards suggest procedures be in place “to allow for formal and
informal contact between key facility staff and ICE staff and ICE detainees and to permit
detainees to make written requests to ICE staff and receive an answer in an acceptable time
frame.”250 The Standards suggest that both weekly visits be conducted by ICE personnel and
that “regular unannounced (not scheduled) visits” be conducted by the ICE OIC, the Assistant

238

Detention Operations Manual, Security and Control, Standard 5, Sections III.B & C.
Detention Operations Manual, Security and Control, Standard 5, Section III.F.
240
Detention Operations Manual, Security and Control, Standard 5, Section III.F.
241
b6
Notes of delegation member
on conversation with OIC b6, b7C
242
Detainee Handbook at 13.
243
Notes of delegation member
, on conversation with OIC b6, b7C .
b6
244
Detainee Handbook at 14.
245
Detainee Handbook at 19.
246
Detainee Handbook at 14.
247
Detainee Handbook at 14-19.
248
Detainee Handbook at 13.
249
Detainee Handbook; Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.
250
Detention Operations Manual, Detainee Services, Standard 15, Section I.
239

20
LA\1619448.1

OIC, and designated department heads.251 The purpose of such visits is to monitor housing
conditions, interview detainees, review records, and answer questions for detainees who do not
comprehend the immigration removal process.252
The Standards suggest that detainees “have the opportunity to submit written
questions, requests, or concerns to ICE staff.”253 All facilities that house ICE detainees must
have “written procedures to route detainee requests to the appropriate ICE official” and must
assist detainees “who are disabled, illiterate, or know little or no English.”254 Moreover, the
Standards suggest that detainee requests be forwarded to the appropriate ICE office within
seventy-two hours and “answered as soon as possible or practicable, but not later than seventytwo hours from receiving the request.”255
The Center meets this section of the Standards. The Center has numerous ICE
officials onsite. Detainees can contact ICE staff using request forms. These forms can be sealed
and addressed to the deportation officer or other officers in charge.256 Written requests to ICE
officials are delivered to ICE staff without being read, altered, or delayed by facility staff.257
2.

Record Keeping and File Maintenance

The Standards suggest that facilities record all requests in a logbook specifically
designed for that purpose and that log should contain: “date the detainee request was received,
detainee’s name, A-number, nationality, officer logging the request, the date that the request,
with staff response and action, is returned to the detainee, and any other pertinent site-specific
information.”258 The Standards also suggest that the date the request was forwarded to ICE as
well as the date it was returned need to be recorded and the requests must remain in the
detainee’s detention file for at least three years.259
The Center meets this section of the Standards. A log of detainee requests is
kept.260 In addition, during the inventory process, there is a log of all property belonging to a
detainee.261 Three receipts are kept for the inventory of all detainee personal belongings.262 One
is given to the detainee and the other two are kept in the Center in separate locations.263

251

Detention Operations Manual, Detainee Services, Standard 15, Section III.A.
Detention Operations Manual, Detainee Services, Standard 15, Section III.A.
253
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.
254
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.
255
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.1.
256
Notes of delegation member
on conversation with OIC
.
b6
b6, b7C
257
Notes of delegation member
on conversation with OIC
.
258
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.2.
259
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.2.
260
Notes of delegation member
, on conversation with OIC
.
261
Notes of delegation member
, on conversation with OIC
.
b6
b6, b7C
262
Notes of delegation member
, on conversation with OIC
.
263
Notes of delegation member
, on conversation with OIC
.
252

21
LA\1619448.1

J.

Detainee Handbook

The Standards suggest that the facility must provide each detainee, upon
admittance, a copy of the detainee handbook or equivalent.264 The handbook also must state
“that the detainee has the opportunity to submit written questions, requests, or concerns to ICE
staff and the procedures for doing so, including the availability of assistance in preparing the
request.”265
The Center does not fully meet this section of the Standards: the Handbook
does not advise detainees of certain rights.266 OIC b6, b7C provided a copy of the Center’s
Detainee Handbook, revised in May 2006. The detainees are given the Handbook upon arrival,
available both in English and Spanish.267 Most of the areas specified in the Standards are
covered, including the detainee’s basic responsibilities, visiting hours, mail procedures,
telephone access, clothing procedures, and medical care.268 However, as indicated above, the
Detainee Handbook does not advise detainees of their right to protection from abuse, excessive
use of force, harassment, or discrimination.269
K.

Detainee Transfer

When transferring a detainee, the Standards require ICE to take into consideration
whether a detainee is represented before the immigration court, and the location of the attorney
and the court.270 The Standards require ICE to notify a detainee’s legal representative of record
that the detainee is being transferred.271 Indigent detainees will be permitted to make a single
domestic phone call at the government’s expense upon arrival at their final destination; nonindigent detainees will be permitted to make telephone calls at their own expense.272 Records
including the detainee’s Alien File (“A-file”) and health records must accompany the detainee.273
Prior to transfer, medical personnel 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.274 A detainee’s legal materials, cash and small valuables shall
always accompany the detainee to the receiving facility; larger items may be shipped.275
The Center appears to substantially meet this section of the Standards,
although it is unclear whether indigent detainees are informed of their right to make a free
phone call when they arrive at the Center. The Center contacts a detainee’s attorney when
264

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.
266
See supra Section IV.H.
267
b6
Notes of delegation member
, on conversation with OIC b6, b7C
268
Detainee Handbook.
269
Detainee Handbook.
270
Detention Operations Manual, Detainee Security and Control, Standard 4, Section I.
271
Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.A.
272
Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.G.
273
Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.D.1 & 6
274
Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.D.D.
275
Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.E.
265

22
LA\1619448.1

that detainee is being transferred.276 Deportation officers are assigned the cases of individual
detainees and they ensure that all relevant paper work will accompany the detainee when a
detainee is being transferred.277 When a detainee arrives at the Center, there is one telephone in
the processing center and indigent detainees are given one free domestic phone call.278 One
detainee, however, noted that he was unaware that he was permitted one free call and did not
receive such a privilege.279 The phone does work, however it is located in the middle of the
processing room and affords little to no privacy.280 The Health Services Unit is responsible for
shipping all relevant medical records to the final destination of the detainee.281 It was unclear
whether all medical records actually accompany the detainee but the delegation was assured that
the medical records are sent to the Health Services Unit at the final destination.282

V.

CONCLUSION

The San Pedro Service Processing Center meets most of the ICE Detention
Standards and during our visit, the staff at the Center seemed genuinely concerned with the
welfare of the detainees and the Center’s compliance with the Standards. There are a few areas
which could be improved, in some cases significantly, which would further the Center’s
compliance with the Standards.
Recommendations:
While the Center posts lists of free legal service providers and consulates, in
many instances the numbers did not work. ICE or the Center should periodically review the list
of consulates, and make sure that the numbers are operational. The Center should try to include
legal service providers who will accept collect calls.
While detainees are allowed to make private phone calls if they so request, that
option should be made clear to detainees. Offering more private phone areas, away from
televisions and noise in the pods, would also be appropriate.
The Center allows detainees to purchase phone cards, but the cheapest card costs
five dollars and offers fairly expensive per minute rates. Since many of the free legal service
providers will not accept collect calls, a cheaper phone card should be offered, or detainees
should at least be able to provide their own phone cards with cheaper rates.
The phones and dialing instructions can be fairly difficult to understand, and the
instructions which our delegation saw in pod 5 were not posted in Spanish. The Center should
make sure that each pod has telephone instructions posted in English and Spanish, as well as
other languages as needed.
276

Notes of delegation member
b6
Notes of delegation member
278
Notes of delegation member
279
b6
Notes of delegation member
280
Observation of delegation member
281
Notes of delegation member
b6
282
Notes of delegation member
277

on conversation with OIC
on conversation with OIC b6, b7C
on conversation with OIC
on conversation with detainee
b6
.
, on conversation with OIC
b6, b7C
, on conversation with OIC

23
LA\1619448.1

.
.
.
b6, b7C

and Dr.
and Dr.

.

b6

The Center offers detainees use of Lexis-Nexis and other computer legal materials
in the library. Some of these programs are quite confusing, however, and detainees would
benefit greatly from either instructions or a training manual on their use.
The Center should revise its Detainee Handbook to inform detainees of their right
to protection from abuse, excessive use of force, harassment, and discrimination.

24
LA\1619448.1

4.

Delegation Report

Source

Standard 17, Visitation
ƒ III.G. The facility’s visiting area shall be appropriately
furnished and arranged, and as comfortable and pleasant
as practicable.
Standard 16, Telephone Access
ƒ I. Facilities holding INS detainees shall permit them to
have reasonable and equitable access to telephones.
ƒ III.B. [T]he facility shall provide telephone access rules in
writing to each detainee upon admittance, and also shall
post these rules where detainees may easily see them.
Standard 16, Telephone Access
ƒ III.E. The facility shall not require indigent detainees
to pay for [legal, court-related, consular, emergency
calls] if they are local calls, nor for non-local calls if
there is a compelling need. The facility shall enable all
detainees to make calls to the INS-provided list of free
legal service providers and consulates at no charge to
the detainee or the receiving party.
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.
Standard 1, Access to Legal Material
ƒ III.C. The law library shall contain the materials listed in
Attachment A.

ƒ

A detainee indicated that visitors endure long waits in
uncomfortable conditions, typically outside the facility
in the sun. (p.5 ¶1)

Detainee

ƒ

In pod 5, dialing instructions were posted in English
and Chinese, but not in Spanish. (p.6 ¶4)

ƒ

The telephones do not permit any free calls;
detainees must call collect or use a phone card for
calls to consulates and free legal service providers.
(p.6 ¶3)
Delegation calls to three consulates (Mexico, Ghana,
and Ethiopia) did not go through. (p.6 ¶3)

Delegation
observations.

Telephones are located in the public dayrooms, with
no privacy safeguards. (p.7 ¶3)
According to Officer
, detainees can
request to make private calls on the office; however,
detainees may be unaware of this option. (p.7 ¶3)

Delegation
observations.
Officer

San Pedro is only missing two of the legal materials:
Administrative Decisions Under Immigration and
Nationality Laws, and Immigration and Naturalization
Service Basic Law Manual. (p.9 ¶3)

Delegation
observations.

ƒ

ƒ

ƒ

ABA Commission on Immigration - Detention Standards Implementation Initiative

ICE Response

Delegation
observations.

b6, b7C b6, b7C

ƒ

b6, b7C

5.

ICE Standard*

.

b6, b7C

3.

b6

2.

b6

1.

b6

b6

b6

Facility Name: SAN PEDRO SERVICE PROCESSING CENTER, Los Angeles, California
Date of Tour: July 11, 2006
Tour Participants: Latham & Watkins LLP attorneys and summer associates
,
,
,
and
*Standards are Detainee Services Standards unless otherwise indicated. Issues are generally listed in the order in which they appear in the Report.
Report comments in bold are priority issues for ICE-ABA discussion; others are issues of concern to discuss if time permits.

detainee

2/5/2007

1

7.

ƒ

Dental care is generally unavailable for detainees
unless there is a severe problem. (p.15 ¶4)

OIC

ƒ

The Detainee Handbook does not advise detainees
of their right to protection from abuse, excessive use
of force, and harassment, or the right to be free
from discrimination. (p.20 ¶3)

Detainee
Handbook.

ƒ

San Pedro permits indigent detainees to make one free
telephone call upon arrival. However, one detainee
stated that he was not informed that he was permitted
one free call, and did not receive this privilege. (p.23
¶1)

OIC
detainee
.

.

;

b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C

8.

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.E. Dental Treatment. An initial dental screening exam
should be performed within 14 days of the detainee’s
arrival.
Security and Control Standard 5, Disciplinary Policy
ƒ III.A.5. The detainee handbook or equivalent shall …
advise detainees of the following: a. The right to
protection from personal abuse, corporal punishment,
unnecessary or excessive use of force, personal injury,
disease, property damage, and harassment; b. The
right of freedom from discrimination ….
Security and Control Standard 4, Detainee Transfers
ƒ III.G. Indigent detainees being transferred will be
authorized a single domestic phone call at the
Government’s expense upon arrival at their final
destination.… Non-indigent detainees shall have access to
make calls at their own expense ….

b6, b7C

6.

2/5/2007

2