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Washington. D.C.

August 26, 2004

Victor Cerda, Acting Director, Office of Detention and Removal
Immigration and Customs Enforcement
American BilT Association Delegation to Santa Ana Detention Facility

To:
From:
File no:
Copies to:
Subject:

I.

Commission on Immigration
Report on Observational Tour of the Santa Ana Detention Facility

INTRODUCTION

The former INS' promulgated the "INS Detention Standards" (the "Standards") in
November 2000 to ensure the "safe, secure and humane treatment of individuals detained by the
INS."· There are thirty-six Standards in the Detention Operations Manuel covering a range of
issues from access to legal services to access to medical care' and telephones. The Standards
apply to Service Processing Centers, Contract Detention Facilities, and to state or local
government facilities through Intergovernmental Service Agreements (l.G.S.As.). 2 The Santa
Ana Jail (the "Santa Ana Detention Facility" or the "Facility") should be in compliance with the
Standards because it is an 1.G.S.A. detention facility.3 However, the Facility is not in complete
accord with the Standards. The areas in which the Facility is furthest from the mandates ofthe
Standards include access to legal materials and access to telephones. The biggest complaint of
detainees held at the Facility is that they are in lockdown for approximately twenty-one hours a
day. The detainees seem to appreciate the cleanliness of the Facility though, and generally get

I

Effective March 1,2003, the INS ceased to exist as an agency of the Department of Justice and the INS's
immigration enforcement functions were transferred to Immigration and Customs Enforcement ("ICE"), a division
of the newly-created Department of Homeland Security.

2

The Standards do not apply to I.G.S.As. that hold detainees for under 72 hours.

3

The delegation concluded tbat the Facility is an I.G.SA facility based on the fact that
officer at the Facility, told the delegation that the Facility is a city jail and that the Facility
the
federal government. The delegation from Fried, Frank, Harris, Shri"er & Jacobson that visited the Facility in 2000
also concluded in its report that the Santa Ana Facility is an LG.S.A. facility.

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LATHAMa.WATKINSLLP
along well with the Facility staff,4 A significant obstacle to seeing that the Standards are fully
implemented at the Facility is that Facility staff is largely unaware of the Standards. In fact,
according to a Detention Supervisor, agencies that contract with the Facility, such as the U.S.
Marshals Service and Immigration and Customs Enforcement ("ICE"), must accept the Facilitr's
standards; the agencies cannot require that the Facility adhere to the agencies' own standards.

THEDELEGA
On July 20,2004, a
Watkins LLP's Orange County
met with Detention Supervisor Maria
Officer
Rubalcaba was very knowledgeable about the Facility and was able to answer most of our
questions. 7 After the interview, Officer Rubalcaba gave us a tour of the Facility. During the
tour, we were able to speak with Module Officer Joanne Swanson ("Officer Swanson"), the
daytime head of the women's module at the Facility. At the conclusion of our tour, we
interviewed four detainees. 8 The purpose of our tour was observational in nature with a focus on
looking at the implementation of the INS Detention Standards. Particularly, we focused on the
the Standards concerning access to legal materials, access to visitors, and access to telephones.
The staff at the Facility was very cordial and helpful. This memorandum contains our
observations and concerns.

III.
GENERAL INFORMATION ABOUT THE SANTA ANA DETENTION
FACILITY
The Santa Ana Detention Facility houses 482 people. That number is comprised of sixtytwo juveniles, sixty-four women, contract inmates (those in U.S. Marshals Service or ICE

7 officMUWUinfonned

us that she has worked at the Facility for many years and has occupied many different
positions at the Facility. OfticeilWii!iWs currently the Detention Supervisor in charge of contract detainees.

of the Public Law Center was able ,to preidentify four detainees at the Facility who wanted to
attempted to obtain names of more detainees to interview from Catholic Charities; however,
Catholic Charities no longer has a legal department and no one at Catholic Charities was able to provide us with
names of detainees.
Prior to our visit, we provided
a list of the d'etainees we planned to interview, but when we
,arrived at the facility on July
that we had planned to i,nterview
were no longer at the Facility.
very accommodating and said that
they would see ifthere were any
us. We
interviewing four detainees, one of whom we had preidentified, 'and three of whom
as
wanting to speak with us the day we were at the Facility. Time did not pennit us to
preidentified detainee who was still at the Facility.

2
0CI693723.2

LATHAMe.WATKINSLLP
custody), and local arrestees. 9 The Facility houses'
through a contract it has
U.S. Marshals Service has
with the U.S. Marshals Service. According to
a contract with
and ICE' i -backs" off of the U.S. Marshals Service's contract. 10
Neither
were able to tell the delegation how many
immigrant
were
at the Facility at the time of the delegation's visit. However,
both estimated that there were approximately 20 ICE detainees at the Facility at the time. I I
Office_IM*informed the delegation that a few months prior to the delegation's visit the
Facility housed 100 to 200 immigrant detainees at anyone time, but a great majority ofthe
detainees had since been transferred elsewhere to free up bed space for U.S. Marshals Service
detainees. Since the U.S. Marshals Service has the primary contract with the Facility, ICE must
relinquish bed space at the U.S. Marshals Service's request.
officejM'Mnfonned the delegation that at the time of the delegation's visit there
were no male immigrant detainees at the facility, and that most
held at
that
the Facility had been there no longer than one to two months.
most of the detainees arrive and leave the Facility within a day, but others have been at the
Facility for over a year. She further explained that the Facility is currently used mainly to hold
"unprocessed aliens" for twenty-four to forty-eight hours before they are sent to other facilities to
be processed. 12 However, the delegation spoke with a detainee who had been at the Facility for
five months, and another who had been there for a year. 13
Officei!'dM informed the delegation that the majority of the immigrant detainees at
the Facility were noncriminal detainees. She described the makeup of the immigrant population
at the Facility as mostly comprised of Central and South'
.
Cubans
(though less as of recently) and Vietnamese. According to
ten
of the current immigrant detainees are Asian. The delegation int,ervie"/erl detainees
Columbia, Guatemala, and Argentina

9 Interview
10

with

Interview with

with
;;;
om
explained that the Facility's
for a day or two.

3
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LATHAM&WATKINSLlP

IV.

OBSERVATIONS OF IMPLEMENTATION OF LEGAL ACCESS STANDARDS
a.

Legal AccessNisitation

According to the Standards, facilities shall establish written visitation procedures that
include a schedule of hours of visitation. 14 The visitation policy shall be detailed in the detainee
handbook and shall also be posted where detainees can easily see it IS Facilities shall allow
visitors to deposit money in a detainee's account. 16 Visits shall be permitted on weekends and
holidays and the facility shall try to accommodate the scheduling needs of visitors "for whom
weekends and holidays pose a hardship.,,17 Visits shall have a time limit of30 minutes,
minimum. IS No adult visitor shall be admitted without positive identification. 19
Written procedures shall detail the limits and conditions of contact visits. 20 Usually,
handshaking, embracing, and kissing are only to be permitted at the beginning and end ofthe
visit. 21 Facility staff may limit physical contact to minimize opportunities for introduction of
contraband. 22 Detainees in administrative or disciplinary segregation shall ordinarily retain .
visitation privileges. 23 Legal representatives should be able to visit seven days a week, including
holidays. 2 Legal visits shall be permitted for a minimum of eight hours a day on regular
business days,zs Prior to each visit, legal representatives shall be required to provide
identification; state bar cards are the preferred form of identification. 26
The Santa Ana Facility appears to follow the Standard on visitation. Visits are allowed at
an even greater range of times and for a greater length of time than is required by the Standards.

14

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

IS

!d. at III.B.

16/d. at III.D.
17

/d. at III.H.1.

18/d.
19/d. at III.H.3.
2()

Jd. at III.H.4.

21Id.
22Id.
23

Id. at III.H.5.

241d. at III.1.2.
2S I d.

26 Id. at III.1.4.

4
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LATHAM&WATKINSLlP.

i.

Visitation by Friends and Famill7

There are regular visiting hours at the Facility. They are seven days a week from 10:00
a.m. to 11:00 a.m.; from I :00 p.m. to 4:00 p.m.; and from 7:00 p.m. to 9:00 p.m. Exceptions are
not made to these hours, except for visits by attorneys, which may occur at any time.
Detainees are allowed three visits a week, each lasting an hour. Each visit may include
up to two adults and three children. Anyone may visit, whether they are family, friends, or
acquaintances.· Minors may visit if accompanied by an adult. Visitors may leave money for a
detainee's account, in which case they will be issued a receipt. Visitors may not give cash
directly to a detainee. Money for a detainee's account may also be mailed to the Facility in the
form of a money order.
The detainees with whom we talked were generally aware of the visitation hours·
available to their family and friends, and a posting of programs, including religious and academic
classes, is posted in the Facility for the detainees' perusal. The visitation rooms were adequate,
quiet and private, though they were fully windowed so that an officer could monitor the visit if
she so desired. It is not routine, however, for an officer to monitor a visit.
There visitation policy at the Santa Ana Facility deviates from the Standards in one
respect: contact visits for non-legal visitation are unavailable. Detainees are only allowed
contact visits with their attorneys. As a result, detainees may not hug or touch in any way any
own· children. Even
member of their family who visits them at the Facility,
noncriminal detainees are subject to this policy.
that the Facility is
worried about the possible introduction of contraband if contact visits are allowed. This is
apparently enough of a concern that contact visits are not allowed, despite the fact that after
contact visits with attorneys, detainees are thoroughly strip-searched. Detainees across the board
complained about the unavailability of contact visits with anyone who is not an attorney. Some
have been detained for over a year and, of course, have been prohibited from hugging a loved
one the entire time. 28 Though the Standards allow for limitation of contact visits to minimize
opportunities for introduction of contraband,29 the fact that the Standards also state that
ordinarily "handshaking, embracing, and kissing" are permitted at the beginning and end of a
visifo suggests that the Facility should generally allow some degree of contact between detainees
and visi tors.

In an interview
unable to hug any

28

29

Detention Operations Manual, Detainee Services, Standard 16, Section III.H.4.

30

/d.

5
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LATHAM&WATKINSLLP
ii.

Visitation by Attorneys31

Exceptions to the regular visiting hours are made for attorneys, who may visit at any
.time. Any attorney can come day or night and have either a contact or a noncontact visit. In the
event of a contact visit, a detainee will afterwards be thoroughly strip-searched in a private room,
. one-on-one with an officer of the same sex to ensure that no outside contraband was concealed
by the detainee during the contact visit.
While the Standard on searches after visitation does allow strip-searches after contact
visits with a legal representative, it requires that each detainee receive a copy of the search
procedure following visits. 32 The Facility, however, does not have a section on strip-searches in
its Handbook. The Facility is in accord with the Standard on visitation, however, to the extent
that the Facility requires that searches be perfonned by an officer of the same sex as the detainee
being searched, and to the extent that it allows an option for a noncontact visit should the
33
detainee prefer not to be searched.

b.

Telephone Access34

Generally, the phones were sufficient in number, well maintained, and easy enough to use
that all detainees with whom we spoke were able to make calls without much difficulty.
However, phone system concerns remained as discussed below.
i.

Provider and Payment Options

The telephone service provider for the Santa Ana Facility is SSC in conjunction
with ICS. This system was installed less than a month ago in order to provide detainees with
easier access to family and lawyers and greater flexibility in paying for calls.' All calls made
from the housing modules are collect with the exception of a direct line, to be discussed below,
that p'rovides access to immigration courts, consulates, pro bono providers, and other
immigration serviCe providers. The recipient ofthe calls has several payment options. These
include setting up an account with ICS, or paying by check or money order directly to ICS. The
facility plans on providing phone cards for sale to detainees in the commissary within a month
but that service is not yet available. A detainee interviewed expressed that the phone card
system would be the preferred payment method. 35
The telephone system does not allow for international calls but one detainee said
that she was permitted to go to a different part of the Facility to make an international caIl. 36

31 All general information was obtained
an interview with O f f i c e , . ' . '
32 Detention Operations Manual, Detainee Services, Standard 16, Section III.I.11.
33 See id.
35

Interview

36

Interview

6
oa693723.2

LATHAMe.WATKINSLLP
Another detainee complained that she was unable to make international calls from the housing
module. 37
ii.

Number of Telephones and Access in General

The booking area at the Santa Ana Facility contained at least a dozen phones
including separate phones in the private interview rooms. Posted at each phone, in English and
Spanish, is a notice ofthe inmate/detainee's right to make up to three free local calls to either an
attorney, a family member, or a friend. Long distance collect calls can also be made from these
phones. Another notice is posted explaining in both English and Spanish that the calls are
electronically monitored. Upon being booked the detainees are given a standard inmate
handbook (the "Handbook") explaining the procedures of the facility.38 In the Handbook, the
detainee is informed of the policy.of allowing up to three free calls in the booking area. The
Handbook also explains that once the detainees are assigned toa housing module, all calls are
collect. Each interviewed detainee confinned that she received a copy of the Handbook, and
each understood the telephone policy.39
The housing mod\lles contain 8 to \0 telephones and house up to 64 detainees, well
4o
within the Standard of I phone for every 25 detainees. The detainees may access the phones at
any time when they are not locked down. Generally, detainees have 2 Yz hours a day of time in
the common areas that contain the phones. There is no time limit placed on calls other than the
general time limit for access to the common areas. One detainee complained that the wait for
the phones can exceed 20 minutes thus forcing her to wait until the following day to make a
call. 41 Despite this occasional problem, during our visit we observed a nonlockdown period in
which only 2 of the 8 phones in the housing module were used at all.
Detainees can submit a request to use a free line if they are indigent and can present
circumstances under which it would be appropriate to allow the call. One detainee stated that
when she did so, she was allowed to make free calls. 42 The supervising officer can grant or deny
the request after a case-by-case evaluation.
iii.

Telephone Access to the Legal System and Related Issues

The Santa Ana Facility has a policy of not delivering messages to detainees
regardless of the source ofthe message. 43 Messages from attorneys are therefore not delivered

1111

37

Interview witlhl• •

3'

See Exhibit I, p. 3.

39

All four detainee interviews conducted

7
0CI693723.2

LATHAM&WATKlNSup
and any person trying to reach a detainee cannot do so over the phone. Some attorneys do not
accept collect calls, as one detainee reported, and this, coupled with the fact that detainees cannot
get messages from their attorneys, makes it very difficult to keep up with her case, forcing her to
use her mother as an intermediary between her and her attorney.44
A new direct line was recently introduced that is available to the immigration
detainees. The line connects the detainee with an operator who can route the detainee's call to·
the courts, pro bono service providers, various consulates, and other services as they become
available. A memorandum was distributed to all of the housing modules infonning the detainees
of the number and its purpose. The memorandum was posted on the bulletin board in the
housing module where ihe lCE detainees were being held but it was only in English and it was
somewhat inconspicuous. None of the detainees that we spoke with knew of the direct line or
how to access it. 4 The Facility also has a policy of posting a list of pro bono providers and their
phone numbers. Unfortunately, this memo was not displayed on the bulletin board where the
lCE detainees were being held although we did observe it on the wall in the administrative
segregation housing module. 46
Although the officers do not physically monitor npt~;npp<
privacy available in the housing areas for making legal calls.
it detainee were to request a private room for making a legal call, that request would be
accommodated but that no request had ever been received'liji has a policy of
electronically monitoring all out going phone calls. Office ••
also indicated that if a
call is being monitored and an officer recognizes it as a lega ca, e officer will stop
monitoring the call. Detainees that wish not to have their conversations with attorneys
electronically recorded can fill out a form that gives the attorney's name and telephone number
and those calls will not be recorded. All other calls are monitored and a notice in hoth English
and Spanish above one of the clusters of phones in the housing unit infonns the detainees of the
47
Facility's policy of monitoring nonlegal calls.
.
iv.

Telephone Access in Administrative Segregation Module

The telephone policies in the administrative segregation module mirror those in. the
regular module with the exception that those in the "Ad Seg" module are given only one hour of
nonlockdown time a day in which to access the phones. However, because the detainees in
administrative segregation are let out oflockdown one at a time, there is ample opportunity for
them to use the phones.

44

Interview

8
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LATHAM-WATKINSup

c.

Legal Materials
i.

Access to Legal Representatives

The Standards require that each detainee be pennitted to meet privately with current or
48
prospective legal representatives and legal assistants. Legal visitation should be pennitted
every day for a minimum of eight hours per day on regular business days, and four hours per day
on weekends and holidays.49 Facilities should prominently display the visitation rules and hours
50
.
in the recreation area and housing units. On regular business days, legal visitations may
proceed through a scheduled meal period, in which case the detainee should receive a meal after
the visit. 51 Prior to each visit, all legal representatives shall be required to provide
identification. 52 Each facility shall allow legal service providers to telephone the facility in
advance of a visit to detennine whether a particular individual is detained in that facility.53
Visits between legal representatives and detainees are confidential and shall not be
supervised. 54 Private consultation rooms should be provided for such meetings. 55 Documents
that are provided to a detainee by a legal representative shall not be read, and detainees are
entitled to retain legal materials. 56 If standard operating procedures re~uire strip searches after
contact visits, the facility must provide an option for noncontact visits. 7 Detainees in
segregation shall be allowed legal visitation. 58 INS shall provide the facility with the official list
59
of pro bono legal organizations.
Detainees at the Santa Ana Facility, in accordance with the Standards, may meet
with their legal representatives at any time,60 and such meetings are not required to be held
61
during general visitation hours. Such visits are pennitted to proceed through meal periods, in
which cases the detainee is provided with a meal at the end of the meeting. 62 Detainees may

48

Detention Operations Manual, Detainee Services, Standard 16, Section I1LA.1.2.

1d.
5() !d.

49

SlId.
" ld. at I1I.A.l.4.
53

ld. at III.A.L6.

54

!d. at IILA.I.9.

55

!d.

56

[d. at IIi.AJ.10.

57

[d. at I1LA.I.l I.

ss Id. at III.A.l.12.
59

ld. at III.A.I.14.

62 !d.

OC\693723.2

9

LATHAM&WATKINSLLP
have either contact or non contact visits with their legal representatives. 63 All attorneys are
required to present bar I.D. cards in order to prove that they are licensed to practice law. 64
Attorneys may call ahead to determine if a detainee is at the Facility. Such calls are taken by the
triage; however, the triage has a strict policy against taking messages for detainees. 65
The Facility provides one noncontact room for each "mod," and Officer
that there are generally no problems scheduling visits in those rooms. 66
There is some issue regarding the level of privacy provided for telephone calls to attorneys. The
telephones are located in the day rooms of the "mods," and although such calls are not monitored
electronically, there are no physical barriers provided to ensure that other persons in the vicinity
do not overhear privileged conversations. Documents that are provided to detainees by their
attorneys are searched in the presence of the detainee for contraband only, and are not read. 67
All contact visits with attorneys are followed by strip searches; however, noncontact visits are an
option. 68 All visitation procedures are the same for segregated detainees. 69 The delegation
visited two "mods," and only one of the "mods" had a list of pro bono organizations posted.
IlIlJI"a"...

ii.

Access to Legal Materials

Facilities should permit detainees access to a law library, and provide legal
materials. 7o The library should contain a sufficient number of tables and chairs and be
reasonab Iy isolated ITom noisy areas. 7 1 The library should provide an adequate number of
typewriters and/or computers and other supplies and the facility shall designate an employee
with responsibility to inspect the equipment 72
deficient with respect to its provision of legal materials.
According to
law library consisted of a single computer; the Facility
No employee that was present at the mod knew how to turn
maintains absolutely no
on the comfl'uter, and none had any recollection of the computer ever being used or inquired
about by detainees. However, at least one interviewee indicated that she had asked to use the
73
computer for legal research and her request was denied. The library was located in a room
separate from the day mods and was relatively quiet.
63Id.
64

I d.

69

[d.

70

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

71

Id. at III.A.

72

Id. at II1.B.

10
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LATHAM&WATKI N5 LLP

d.

Group Rights Presentations 74

rights presentations being conducted at the Santa Ana
that, in the past, a pro bono attorney would give such
presentations but
attorney had not been to the Facility in several months. She could not
recall the name of the attorney or the organization for which she worked. All of the officers
involved in the tour said that they would welcome such presentations should any organization or
attorney offer them again. 75
V.

OTHER GENERAL OBSERVATIONS UNRELATED TO THE LEGAL ACCESS
STANDARDS
a.

The Santa Ana Detention Facility's Detainee Handbook

The Standards instruct that each facility shall have a detainee handbook that "briefly
describers] individual programs and services and associated rules.,,76 The topics shall include
"recreation, visitation, education, voluntary work, telephone use, correSpondence, library use,
and the canteenlcommissary.,,77 In addition, the handbook shall cover the facility's medical
policy, facility-issued items such as clothing and bedding, access to personal property, and meal
service. 78 The handbook must also specify the rules and regulations with which detainees must
generally comply, and it must detail detainees rights and responsibilities. 79 The handbook must
be available in English and Spanish and, where appropriate, to "the next most-prevalent
language(s) among the facility's detainees.,,8o
The Santa Ana Facility's Inmate Orientation Handbook (the "Handbook") appears to
81
meet the expectations set forth in the Standards. The Handbook explains the behavior expected
82
from detainees, and details the Facility rules and regulations. It includes a discussion of
recreation,83 visitation,84 education,85 correspondence,86 Hbrary use,87 telephone use,88 and

rights presentations was provided during an interview with OfficeiMiMi

Detention Operations Manual, Detainee Services, Standard 5, Section III. B.

n Id.
n Id.
79

Id. at m.e.

Bil

Id. at IlLE.

BI

See Exhibit I.

B2

Santa Ana Jail Inmate Orientation Handbook I (March I I, 2003).

BJ

[d. at 4-5.

Mid. at 2.

11
00693723.2

LATHAM&WATKINSLLP
commissary.89 The Handbook, in accordance with the Standards, also contains information on
the Facility's medical policy,90 facility-issued items,91 and meal service.92 Missing from the
Handbook's coverage is a discussion of the voluntary work program and access to personal
property. However, the Handbook does contain discussion of subject areas other than those
suggested by the Standards. For instance, it provides inmates with information on voting93 and
94
religious services. The Handbook is translated into Spanish. 95

b.

Recreation Issues

Detainees shouid have access to outdoor and indoor recreation for at least one hour per
day, five days per week. 96 DetaJnees should not be forced to choose between law library
privileges and recreation privileges. 97 They should be provided with "board games, television,
and other recreation materials.,,98 Those detainees in administrative or disciplinary segregation
should be provided with recreation that is separate from the general prison &?pulation. 99
However, they may be denied recreation for "safety or security purposes." I 0
1.

Outdoor Recreati on

The detainees are allowed to go outside whenever they are not in lockdown. 1ol There is
cy as to the amount of time that the detainees are locked down each day. Officer
does not work in the female mod, informed.the delegation that the women are
down from 12:00 pm to 1:00 pm and from 5:00 pm to 7:00 pm. 102 However, the

85

1d. at 10.

U

[d. at 8-9.

87

1d. at 9.

88

id. at 3.

89

!d. at 7.

90

!d. at 10.

91

!d. at 6-7.

92

1d. at 4.

93!d.

at 9.

94

!d. at 10.

95

See id. at 15-30.

%

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

97

Summary of Select Detention Standards,

98

Detention Operations Standard, Detainee Services, Standard 13, Section 111.0.3.

99

Id. at III.H.

100

S~tion 10(B).

[d.

12
0CI6937232

LATHAM&WATKI N SLLP

detainees we interviewed and the guard on duty in the female mod indicated that the detainees
are onl~ allowed out of their cells for approximately three to four hours per day, seven days a
week.I 3 Those detainees who are in administrative segregation were allowed one hour of
recreation r,er day, seven days per week. 104 Their recreation time is separate from the other
detainees'. 05
When detainees are allowed to go outside they may play ping pong or handball, walk
around, or use the one piece of weight equipment (which only had a pull up bar and a sit-up
bench). 106 They are limited to a small concrete area that is approximately twenty feet by thirty
feet witl1 high walls. 107 Much of the outdoor space does not receive direct sunlight due to these
walls. lOS
ii.

Indoor Recreation

The indoor recreation area is comprised of a large open room with couches and a TV at
both ends. 109 An additional TV and sitting area is located upstairs. 110 A cart with books is located
on the first floor next to the guard's station. I II In addition, there is a bank of telephones in the
center of the room. 112 For lunch, tables are scattered throughout the room. 113 After the meal is
over, then the women clean the recreation area before returning to their cells. I14
During their recreation time, the women are allowed to watch TV, talk on the telephone,
sew and use the law library computer. I15 The Handbook indicates that board games are available
to the detainees, although the delegation did not see nor hear about board games during the
visit. I16 The women also have small radios. I17 In addition to normal recreation time, the women
are allowed to leave their cells for scheduled programs, such as classes and religious

IOGld.
107

!d.

108

!d.

109

1d..

110

!d.

IIlld.
112

!d.

IIJ

Id.

114Id.

117

Interview with

13
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LATHAM&WATKINSCLP
gatherings. I IS In addition, the women are all~wed to volunteer for various chores, such as folding
laundry and serving meals. 119
Overall, the Santa Ana Facility meets the Standards regarding recreation. The amount of
recr.eation time exceeds the Standards. Rather than providing the requisite seven hours per week,
the Facility provides between 21 and 28 hours per week.

c.

Classes

The Santa Ana Facility provides the women with regular classes, including ESL, OED,
art, music and computer (with limited internet access) classes. 120 The computer courses have
been the most popular. 121 In addition, there have been many OED graduates and much interest in
the art and music courses. 122 Criminal inmates are not allowed to mix with noncriminal
123
to take separate c1asses. Different classes are offered on a daily
basis. 124
the delegation that classes are offered in both English and
Spanish,
were only aware of classes in English. 125 The detainees did say
that they can take the tests for the GED courses in Spanish. 126 One Spanish-speaking detainee
said that some of the teachers understand Spanish and enough detainees are bilingual that the
Spanish-speaking detainees are able to take the classes. I 27

d.

Access to Medical Care

Detention centers must provide an initial medical screening upon a detainee's arrival. 128
The prescreening shall include an evaluation of the detainee's suicide risk and mental
disorders. 129 The detention center must have sufficient facilities so that the detainees can receive

detain~onducted

a,_

1111d.
123

Id.

124

1d.

125

Id; Interviews with detain,eel• • • • • • • • • • • • • • • • •,:onduc:ted by Johnson and

128

Detention Operations Manual, Health Services, Standard 2, Section lIi.A.

129

!d. at 111.0.

14
0CI693723.2

LATHAM"WATKINSup
an examination or treatment in private. 130 Finally, there must be procedures in place by which
detainees can request medical attention when they feel that it is needed. 131
There is no infirmary available at the Santa Ana Facility.132 However, RNs and LBNs are
always on site and dentists and psychologists visit the Facility when necessary. 133 When a
detainee is first brought to the Facility, she is medically screened to determine if she needs any
treatment and if the detention center can accept her. 134 This pre-screening does involve an '
evaluation of the detainee's suicide .risk and mental disorders. I35 If a detainee feels that she needs
medical attention, she is to fill out a "sick slip" and give it to the officer on duty. 136 Most
detainees are seen within 24 hours, unless it is an emergency, in which case they are seen
sooner. 137 Most detainees that the dele~ation interviewed said that they have never been denied
medical attention that they requested. I 8,
Overall the Santa Ana Facility appears to provide adequate access to medical care.

e.

Religious Issues

Detention centers shall provide detainees with "reasonable and equitable opportunities"
139
to active1.?:, practice their different faiths. Detainees may not be harassed for their religious
choices. I A Chaplain shall be available to lead group religious programs or individual
counseling,I41 If a detainee's faith differs from that of the Chaplain, then the detainee shall be
provided with access to outside "religious service providers.,,142 Detainees shall be allowed
access to personal religious items, such as prayer beads, during religious ceremonies, unless the
143
items present a safety concem. However, the detainees need not be allowed to take the items

l)(lld. at III.B.
131

Id. at III.F.

4i

totes.

mId.
134Id.
135
I

See Medical/Mental Pre-Screening (March 2004), Exhibit 2.

Ai• •notes. See Exhibit 4 (medical request form).

137 1d.

detain~onducted

138

E.g.• Interview with

139

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

140 ld.

1<1

at lILA.

Id. at II1.D.

"'Id.
1431d. at III.K.

15
00.693723.2

LATHAM&WATKINSLl'

into their individual cells. 144 Additionally, the detention center shall address special dietary
concerns, including food restrictions and unusual eating hours. 145
The SantaAIi.a Facility provides religious services on site. 146 Different religious figures
visit the Facility on different days, but generally someone visits two to three times per week. 147
Genera\1y, there are only Catholic and Protestant services, but special requests have been granted
in the past. 148 For example, a Rabbi has visited the Facility before. 149 In addition, if a detainee
requests additional religious counseling, the staff at the Facility wi\1 do their best to locate
someone to meet the needs of the detainee. ISO The detainees are also allowed to talk to the
religious figures who lead the services individually after the services are over. lSI
If a detainee has a special religious dietary requirement, the Facility will meet this need if
it can be verified. IS2 The detainee need only submit a "request form" if applicable. ls3 The
detainees are allowed to keep soft-cover religious books in their cells. 154 However, they are not
allowed to keep a rosary or any other type of beaded religious object. ISS None of the detainees
the delegation interviewed had suffered any harassment for their religious beliefs while in the
Facility. 156
Overall, the Santa Ana Facility meets the Standard regarding religion. None of the
detainees had any complaints whatsoever when it came to treatment based upon religion.
f.

Detainee Classification 157

According to the Standards, all detainees shall be classified upon arrival. 158 ICE is to
provide I.S.G.A. facilities with the data needed to classify detainees received from ICE upon
144

fd.

145

[d. at IlI.M.

147

[d.

I"Wnotes.
149 1d.
150

[d.

1511d.

152

fd. The Facility also honors non-religious based requests for vegetarian meals. {d.

153

[d.

1541d.
155

fd.

156 Interviews

II••••••••onducted b _ and

with detaine~• • • • • • • •

iiil1>milati()n in this Part obtained from an interview with OfficJQ!!W!6conducted
158

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

16
OC\693n3.2

LATHAMa.WATKINS"J>
arrival. 159 Detainees are to be classified according to risk, and to be given color-coded uniforms
and wristbands that .correspond to their level of risk. 160 A supervisor shall review the intake
officer's classification files for accuracy,161 and facilities shall house detainees according to their
classification level. 162
The Delegation learned that ICE sometimes informs the Facility when it brings the
Facility a detainee who is dangerous to himself or to others. 163 In this case, the Facility places
the detainee in disciplinary segregation. 164 ICE does not always provide the Facility with
detailed information on detainees it brings to the facility, however, and sometimes the staff must
learn for themselves that a particular detainee is a danger to herself or to others. 165
At the Facility, noncriminal immigrants are kept separate from the general population. l66
Though both criminal and noncriminal women are housed in the women's module, they never
come into contact. The groups are out of lockdown at the same times, but one group is allowed
to go outside, while the other must stay in the inside common areas, or vice versa. Criminals and
noncriminals get equal access to the indoor and outdoor common areas, just at different times.
Administrative Segregation
of one instance of administrative segregation (other than
disciplinary
she also referred to as administrative segregation). At one time
there were eleven transsexuals housed at the Facility. They were all housed in one housing
module and they
but separately from the others in the module who were not
transsexual.
that the transsexuals were segregated for their own
. safety. If there is just one transsexual housed at the Facility at a given time, that person is mixed
in with the other detainees .

.ii.__. . . Medical Quarantine
Detainees are quarantined at the Facility when they have diseases such as lice, scabies,
167
parasites, or chicken pox.

1591d.

l,wId. at I1I.A.4.
161

[d. at IIl.e.

16'

!d. at III.D.

16)

Interview with

b_ _
_
_
criminal
detainees
have_
no contact
with the

17
OC\693723.2

LATHAM&WATKI.NSLLP

g.

Voluntary Work Program

The Standards require that every facility provide detainees who are physically and
mentally able to work with an opportunity to work and earn money.16S The detainee's
classification will help determine the type of assignment for which he or she is eligible. 169 .
OfficerWiBJf.informed the delegation that detainees could volunteer to do work; however,
The women are allowed to fold laundry; the cleaning and laundry crews are
they are not pal.
male. 171 One female immigrant detainee interviewed explained that detainees were allowed to
work by serving food if they wanted to, but they were not paid; instead of money, detainees
receive benefits such as more food at mealtimes or commissary. 172 While the Facility does not
allow detainees to earn money for th~ir work, the Facility does allow detainees to volunteer to
work and it does give them some compensation for their efforts, though the compensation is not
in the form of cash. However, commissary seems to be a form of money even though it is only
usable at the Facility store. The division of work between males and females, so that there are
certain "female" jobs and certain "male" jobs seems to violate a provision in the Standard that
requires that detainees "will not be denied work opportunities based on non-merit factors, such
as ... sex.,,173 However, the Facility's decision to divide work assignments by sex may simply
have to do with practical considerations having to do with the fact that males and females are
housed separately and there is a significantly greater number of males than females at the
Facility.

h.

Grievance and Disciplinary Procedures
i.

Grievance Procedures

The Standards instruct that every facility shall develop and implement standard operating
procedures to address detainee grievances. 174 According to the Standards, each facility shall
institute procedures for informal resolution of oral grievances. 175 Detainees should be able to
informally express their concem(s) to a staff member within five days of the event precipitating
the grievance. 176 Detainees must also be permitted to file fonnal grievances with the facility's
grievance committee, either because they are unsatisfied with the result of the informal process,
or because they do not wish to use the informal process.177 Detainees shall be provided With a

1("

Detention Operations Manual, Detainee Services, Standard 17, Section IIl.A.

1691d.
170 Interview with O f f i C " . conducted
1711d.

bl•••••••••••

172

Interview wit!

173

Detention Operations Manual, Detainee Services, Standard 17, Section IILF.

174

Detention Operations Manual, Detainee Services, Standard 8, Section L

175 ld.

• •;

b~111111

conducted

at IIl.A.l.

176Id.

mid. at III.A.2.

18
0CI693723.2

LATHAM&WATKINSLlP
grievance fonn upon request, and the fonn shall be delivered by authorized personal to the
person designated to receive the grievances without reading, altering, or delay.178
The Standards also require that each facility implement a procedure for handling and
implementing emergency grievances, which are defined as those that constitute an immediate
threat to a detainee's safety or welfare. 179 If a detainee is unsatisfied with the decision regarding
his or her grievance, he or she must be able to appeal the decision. Iso No detainee may be
retaliated against for filing a complaint. lSI
The Santa Ana Detention Facility appears to meet the Standard on detainee grievance
procedures. The Handbook explains that inmates will have access to a grievance procedure and
that a timely re~onse to a documented grievance will be provided, except in extenuating
circumstances. I 2 It also infonns inmates that they may appeal their grievance. IS3 If a detainee
has a complaint, she can speak with a module officer to try to have the grievance resolved. ls4
There is a module officer in each module, and a module officer is available in each module 24
hours a day, 7 days a week.IS5 Detainees can also fill out a grievance fonn if they have a
concern. IS6 The Grievance Hearing Officer'looks at the fonn and ifhe or she does not agree that
the detainee's grievance needs to be remedied, the Hearing Officer sends the fonn back. The
decision may be appealed to a manager, and then to the Facility Administrator,
the detainee is unsatisfied with the initial decision,ls7 According to one detainee,
officers are responsive to grievances, and there is never retaliation for complaints. ISS
Detainees simply fill out a grievance form and the module officer comes and talks to them. IS9
ii,

Disciplinary Procedures

The Standards require each facility to have a detainee disciplinary system "with
progressive levels of review, appeals, procedures, and documentation of procedures." 190 The
disciplinary policy shill! clearly define detainees' rights and responsibilities, and shall not be

178

Id.

1791d.

atIll.B.

180

ld. at IIl.C.

181

Id. at lll.D.

182

Santa Ana Jail Inmate Orientation Handbook 7 (March II, 2003).

181 Id.
184

Interview with

185ld.
186

Id,; see Exhibit 3 (grievance form); Exhibit 5 (inmate's request form).

li8

Interview wi

1891d.
190

Detention Operations Manual, Security and Control, Standard 3, Section II I. A. I.

OC\693723,2

19

LATHAM&WATKINSup

capricious or retaliatory. 191 Corporal punishment, and deprivation offood, clothing, personal
hygiene, or correspondence privileges is not pennitted, nor is deprivation ofphysica\ activity
unless physical activity creates an unsafe condition. 192 The Detainee Handbook shall advise
. detainees of their rights and the facility's rules of conduct and the sanctions imposed for
violation of the rules. 193 Incidents should be reported by officers who witness the incident, and
reports shall be investigated within twenty-four hours of the incident. 194
.
The Santa Ana Detention Facility's Inmate Handbook addresses this area of the
Standards. The Handbook lists the consequences for violations and details the actions that
constitute a violation. In the Handbook; the violations are grouped as "minor violations" or
"major violations.,,195 The Handbook warns that inmates will be disciplined for rule violations,
and that a formal discipline is triggered when an inmate has been informally disciplined five
times within a three-month period. 196 The Handbook also informs detainees that they may
appeal disciplinary action. 197 Nolie of the enumerated consequences for violations violate the
198
Standard's prohibition on corporal punishment or deprivation offood or clothing.
explained that module officers can impose consequences for minor
rule violations.
For instance, a module officer can place a detainee who has violated a rule in
lockdown for up to, but not more than, 23 hours, or can require the detainee to scrub the
floors. 200 However, one detainee complained that detainees are put in lockdown for 24 hours for
something as minor as having milk in their rooms. 201 If a detainee is involved in a fight or found
with major contraband the detainee can be put in predisciplinary lockdown. After a major
incident, the module officer reads the reports, speaks with the detainee, interviews witnesses, and
decides if the detainee is guilty.202 A detainee who is guilty ofa major violation can be put in
203
lockdown for five days or more.
After 30 days the detainee is given a medical check, and he
or she receives a medical check for every 15 days thereafter?04 Detainees in disciplinary

191

Id. at III.A.2.

1921d.

at III.A.3.

19)

Id. at I1I.A.5.

194

Id. at lILA.

195

Santa Ana Detention Facility Inmate Handbook 11-13 (March 11,2003).

1%

Id. at 10.

1971d.

198

See id. at 11.

Interview with officeUiillUconducted
a detainee needs a hold placed on him. Id.

19')

200

Id.

201

Interview

b~ometimes video conferencing is us·ed to see if

2112 I d.
211)

ld.

2Mld.

20
0a693723.2

LATHAM&WATKINS"LP
lockdown have no access to commissary, but they do have access to reading and writing
materials, legal materials, showers, and phone calls.205
i.

ICE Presence and Communication

The interaction between the Facili1Jc and ICE seems sporadic. Detainees are picked up by
ICE the day before they have a court date. 06 Detainees are handcuffed when transported to.
court. 201 The detainees' hearings take place at the San Pedro Facility.20s From time to time ICE
forgets to pick detainees up.209 If a detainee wants to see a dep<0rtation officer there is a form she
can fill out that is then faxed to San Pedro the following day? 0 It is up to ICE whether or not to
respond to the faxed requests and travel to the Facility, and the amount of time that passes before
a response is received varies. 211 The Facility does not have a log of requests that have been
faxed; the Facility·
detainee if and when it receives an answer from ICE. 212
Accordirig to
days ICE does come to the facility,
made to inform the
ICE officers are at the Facility.
that the number of times ICE comes down to the Facility changes; ICE
then monthly, now sometimes three months pass between ICE visits.
A lot of the information on the detainees does not follow them from their previous
facility to Santa Ana 213 Immigrant detainees frequently come and go from the Santa Ana
Facility, especially now that it is being used principally to hold detainees from 24 to 48 hours. If
a family member calls the Facility looking for a particular detainee, the Santa Ana Facility will
inform the family about the detainee's current location (though the Facility will never tell a
family member if the detainee is in-route to another Facility).214
ICE haS told the Facility that it would like to provide the facility with a "floating" law
library.215 This would consist
would be moved from module to module within
the delegation that the Facility welcomes
the Facility periodically. Offi
the Facility with the "floating" l,ibrary.
this addition; however, ICE has yet to

2<)

5

Id.

1llllllllllllIoltef'view with detainee'. . . .

210

Id. See Exhibit 6 (detainee request form).

211

Id.

212

Id.

213

!d.

Id.
215 Interview with
214

21
OC1693123.2

LATHAM&WATKI NSLll'

j.

Facility Management

The Facility staff tries to take an accommodating stance towards detainees and detainee
requests?16 The detainees generally speak positively about the staff. One detainee explained
that if she is foldin! clean clothes and wants to exchange her clothes for clean ones she just has
to ask an officer. 21
that she tries to schedule as many classes and
activities as she can for the
so that they have the opportunity to leave their cells more
218
often.
If detainees are well-behaved they have movie nights on Saturda~ nights at which they
are able to watch new releases and eat pizza and popcorn and drink soda. 2 9
it does not appear that the Facility staff is even aware of the Standards. Officer
that the Santa Ana Facility has its own standards that those who contract
such as the U.S. Marshals Service (and ICE, indirectly, through the u.s .
. Marshals Service), must accept; the contract between the Facility and the contracting party is
written so that the Facility's standards ultimately govem. 220 The Facility tries to accommodate
the requests of other agencies to the extent that doing so is feasible. For example, ICE wanted a
pro bono phone line put in at the Facility and the Facility put in the phone line. 221 However, the
Facility does not always. accommodate
instance, ICE requested that the Facility
that to do so was not feasible
open all mail in front of detainees.
because it would take all day, so the
opens legal mail in front of detainees. 222
The absence of awareness on the part of the Facility management of the Standards is
problematic. The Standards will not be effective if the Facility staff is not aware of them, or if
the Facility has the authority to pick and choose which Standards it will follow. An effort should
be made to ensure that every facility that houses ICE detainees comply with the Standards as a
prerequisite to immigrant detainees being housed there:
VI.

CONCLUSION

Overall, the detainees seemed very pleased with the Facility staff, the cleanliness ofthe
Facility, and the classes offered. The detainees we spoke with said that they generally received
prompt
and that they frequently received clean clothing and
bedding.
that she tries to schedule as many classes as possib Ie so
that the detainees
an opportunity to leave their cells more often during the day. The
detainees seemed satisfied with the number of classes offered, and the number, and kind, of
religious services offered.
2161d.

Interview with detaine~

00693723.2

22

LATHAMa.WATKINSup
The detainees' complaints, however, go to serious issues..The biggest complaints from
detainees are that they are in lockdown for about 21 hours a day, they do not have access to legal
materials, and phone calls are expensive to make. Detainees were told that with the new phone
system in place they would be able to purchase calling cards. However, they still do not have
access to calling cards even though the new phone system has been in place for a month. It is
unclear why the detainees are in lockdown for so long. Unless there is a strong argument for
keeping them in lockdown for a majority of the day, it appears that the detainees' situation could
be easily improved ,by allowing them to use the common areas more often. The detainees clearly
should have access to legal materials, and phone calls should not be prohibitively expensive.
The Facility has much room for improvement in these areas.
ICE does not have much of a presence at the Facility. Deportation Officers' visits to the
facility are sporadic. Requests to speak with ICE are often not responded to promptly,
accentuating the problem oflack of access to legal materials. Unless they have an attorney
already, detainees have little hope of knowing the status of their case without access to legal
materials or the ability to meet with someone from ICE. The Facility appears to be doing its part
to fax detainee requests to ICE. However, the Facility appears to have little control over ifand
how often ICE staff comes to the Facility. ICE has offered to provide the Facility with a legal
library, and the Facility is willing to allow the library. But, as of this point, ICE has not provided
the Facility with the library. The Facility's condition could be improved if ICE were more
responsive. At this point, it appears that the Facility operates according to its own rules and
accommodates ICE's requests when doing so is convenient forthe Facility. To have an effective
Standards implementation effort, facilities housing ICE detainees must be committed to honoring
the standards. ICE should do everything in its power to make sure that it only contracts with
facilities that will honor the Standards.

23
QC\693723.2

Detention Standards Implementation Initiative

ABA Commission on Immigration

Facility Name: Santa Ana Detention Center
Date of Tour: J
Tour participants
Watkins)

•
•
•

•
•

m.E.4 "[the facility shall peffilit the
detainee to make direct calls] to legal
service providers ... "
III.B. "[The facility] shall post these
rules where detainees may easily see
them"
III.C "The library. shall contain the
materials listed in Attachment A"
III. G "The facility shall... peffilit all
detainees, regardless of housing or
classification, to use the law library on a
regular basis"
IILK "The facility shall permit detainees
to assist other detainees in research and
preparing legal documents upon request"

Segregation

•

ICE Presence
• III.D "Staff will not harass, discipline,
punish or otherwise retaliate against a
detainee lodging a complaint"

UCl.UG'U'&

•

•
•

•
•

•

•

•

The delegation noted that detainees are
unaware ofthe new PCS phone and
how to access it (p.8, line 11)
The delegation noted that the list of pro
bono service providers was not posted
in the housing units (p.8, line 13)

•

According to detainee interviews
According to delegation
observations

The delegation observed that the library
contained no hard copy materials (p. 8,
line 25)
The library contained a computer,
however staff present did not know
how to operate it (p.8, line 25)
One detainee submitted a request to use
the library for legal research and was
denied access (p 10, line 28)
The facility staff stated that I CE stated
it would provide a "floating" law
library, but has yet to do so (p.2!, line
22)

•

According to delegation
observations and conversations
with

The facility segregated transsexuals
when multiple detainees were present,
however if only one transsexual
detainee was at the facility they were
held in general population (p. 17, line
1
According to the facility, while ICE
used to visit the facility bi-weekly, that
has changed and visits are more
sporadic with as much as 3 months in
between
line

•

•
•
•

Not noted in
2003 review.

there is only one
computer
designated for
legal work in
each 64 bed
unit. It is also
noted that ICE
has begun the
process to
install the
necessary
materials to
sustain a legal
libra

•

According to

Not noted in
2003 review.

•

According to

Not noted in
2003 review.