~efcnding
____---'_________---''--___________~In:a.
U ~l'ursulngJu.tlc.

libe>1y

Commission on Immigration

MEMORANDUM

TO:
FROM:
RE:
DATE:

John P. Torres, Director, Office of Detention and Removal, Immigration and
Asso'~la1te Director, ABA Commission on Immigration
Report on Observational Tour of the Santa Ana Detention Facility, Santa Ana,
California
. June 15,2007

The attached Report on Observational Tour of the Santa Ana Detention Facility, Santa Ana,
California was prepared for the ABA Commission on Immigration's Detention Standards·
Implementation Initiative. The report raises several concerns with implementation of the DHS
detention standards, which are highlighted on the chart that follows the memorandum. The
delegation took place in 2006.
The ABA previously visited this facility on June 30, 2005. Several Detention Standards relating
to legal access that were not being met in the earlier report remain issues of concern one year
later, as follows:
• 	 The facility does not take telephone messages from attorneys.
• 	 Telephones do not provide privacy for calls regarding legal matters.
• 	 There is only one computer per "mod" for access to legal material; each mod houses as
many as 64 people.
We look forward to hearing whether these recurring issues have been addressed, or what steps
may be taken to address them.

./

633 West Fifth Street, Suite 4000
Los Angeles, California 90071-2007
Tel: (213) 485-1234 Fax: (213) 891-8763
www.lw.com

LATHAM&WATKI NSLtP

MEMORANDUM 	
August 18, 2006

To: 	
From:
Fileno:
Copies to: 

Subject:

FIRM I AFFILIATE OFRCES
Brussels

New York

Chicago

Northern Virginia

Frankfurt

Orange County

Hamburg

Paris

Hong Kong

San Diego

London

San Francisco

Los Angeles

Shanghai

Milan

Silicon Valley

Moscow

Singapore

Munich

Tokyo

New Jersey

Washington, D.C.

John P. Torres, Director, Office of Detention and Removal, Immigration and
Customs Enforcement ("ICE")
American Bar Association ("ABA") Delegation to the Santa Aria Detention Facility! 

502130-0027 

ABA Commission on Immigration
Report on Observational Tour of the Santa Ana Detention Facility, Santa Ana.
California

This memorandum summarizes and analyzes the information gathered at the Santa
Ana Detention Facility (the "Facility") in Santa Ana, California, during the delegation's July 20,
2006 visit. The information was gathered through the delegation's observation of the Facility,
interviews with six immigration detainees, and discussions with Facility personnel.

I.

ICE DETENTION STANDARDS

In November 2000, the Immigration and Naturalization Service ("INS"/
promulgated the "INS Detention Standards" ("the Standards") to ensure the "safe, secure and
humane treatment" of immigration detainees. The 3 8 standards contained in the Detention
Operations Manual cover a broad spectrum of issues, ranging from visitation policies to grievance
procedures and food service. These Standards apply to ICE-operated detention centers and other
facilities that house immigration detainees pursuant to a contract or intergovernmental service
agreement ("IGSA").
The Standards went into effect at INS-operated detention facilities on January 1,
2001. The INS intended to phase in the Standards at all of its contract and IGSA facilities by

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

2

LA\J608568.2

LATHAMaWATKI NSCLP
December 31, 2002. The Standards constitute a floor rather than a ceiling for the treatment of
immigration detainees. In other words, they are designed to establish the minimum requirements
to which ICE must adhere in its facilities. Each Field Office or Officer-in-Charge has discretion to
promulgate policies and practices affording ICE detainees more enhanced rights and protections,
beyond those provided for by the Standards.

II.

INTRODUCTION
A.

The Delegation's July 20, 2006 Visit

On Thursday, July 20, 2006, our delegation met with several nlP·rr>,,",P,"c
Ana Detention Facility staff in Santa Ana, California. Detention '"',\P1"'"
the main contact person for our visit.
Facility and provided
of the Facih
detainees.
delegation also met with Detention
delegation appreciates the cooperation of these
accommodating during our tour of the Facility.
This report is based on discussions with these employees, observations of the
Facility, and interviews with six immigration detainees. In many instances, the detainees'
responses were compatible with statements made by Facility personnel and/or our observations.
In such cases, the delegation was able to determine more clearly whether Santa Ana Detention
Facility policy and procedures successfully meet the Standards. In certain instances however, the
detainees' reports conflicted with statements made by Facility personnel. .Where we could not
verify the accuracy of conflicting reports, the delegation was unable to determine conclusively
whether the Standards have been applied.

B.

General Information About the Santa Ana Detention Facility

The Santa Ana Detention Facility holds immigrant detainees under contract with
.
is owned and operated by the City of Santa Ana. 3 According to Supervisor
the Facility has the capacity to house 482 individuals. 4 The Facility has a cUrrent
population of 413 people, 14 of whom are immigration detainees. 5 Individuals are housed in
"mods" that hold up to 64 people. 6 The Facility houses mostly males. At the time of our visit, the
7
np'l"(!nnn,p,1 estimated that oruy 30 women in total were housed there. Supervisor
told the delegation that the Facility housed immigration detainees from several
countries. The majority of the detainees are from Mexico, but others are from Vietnam,

3 Notes
4

of delegation

Notes of delegation

5 Notes

of delegation

6

Notes of delegation

7

Notes of delegation

2
LA\1608568.2

lATHAM&WATKINSllP
EI Salvador, and Nigeria. 8 According to ....111I'\pr"1C',,...>
(82) dollars per diem for each ICE detainee located there.

ICE pays the Facility eighty-two

The Facility houses both criminal and non-criminal inmates. The inmates and
detainees that pose a high security risk, however, are kept in a separate housing area and do not
interact with the non-criminal inmates. 1O

III.

LEGAL ACCESS PROVISIONS OF ICE DETENTION STANDARDS

A.

Legal AccessfVisitation
1.

Visitation by Attorneys

Applicable Standards. The Standards suggest that facilities permit legal visitation
seven days per week. II 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.12 Thevisits
must be private and should not be interrupted for head counts. 13 Facilities should establish a
procedure by which attorneys may call to determine whether a detainee is housed in a particular
facility.14 Detention centers should permit visits from other legal representatives, legal assistants,
and interpreters. 15 The current ICE-provided list of pro bono legal organizations must be
"promptly and prominently" posted in detainee housing units and other appropriate areas. 16
The Santa Ana Detention Facility substantially meets this section of the
Standards. Attorneys may visit the detainees seven days a week, twenty-four hours a day. 17
Attorney visits are not interrupted for head counts or meal breaks, and there are no set time
limitS. 18 Detainees are given their meal at the end of the visit if a meal is missed. 19 Bar cards are
checked before attorney visits?O In addition to barred attorneys, interpreters with appropriate
identification are allowed entry.21 Apparently no other individuals are allowed rights as legal

"8

Notes of delegation member 	

conversation with

9

Notes of delegation member 	

conversation with

10 Notes

of delegation 	

·ega["dirlg conversation with '''''''''nncn

II

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

12

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

13

Detention Operations Manual, Detainee Services, Standard 17, Section llU.9.

14

Detention Operations Manual, Detainee Services, Standard 17, Section llU.6.

15

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

16

Detention Operations Manual, Detainee Services, Standard 17, Section llI.I.14.

17

Notes of delegation 	

20

Notes of delegation

21

Notes of delegation

LA\1608568.2

rega~rdirlg

conversations with

rega~rdulg

conversations with

rega~rdulg

conversations with

:"illrlp.rv",s:O,

"5'" """5 conversations with 


regardmg conversations with "n~."n'"'c~,

3




LATHAM&WATKI NSLLP

visitors. 22 Each housing unit, or "mod" housing up to 64 persons, has one non-contact attorney
visitation room.23 In addition to these rooms, there are two contact rooms available for attorney
visits?4 Both of these contact rooms have televisions and one has a laptop.25 Visits can be
observed visually, but the conversations are not monitored.26 The detainee is strip searched after
each contact vi~it with an attorney, but the detainee can choose to have a non-contact visit. 27
Anyone, including attorneys, can contact the Facility to ascertain whether a specific detainee is
located at the Facility.28 According to Facility personnel, a list oflocal organizations that provides
free legal services is posted on the bulletin board of each "mod" although apparently copies of this
posting occasionally are removed by detainees and must be replaced?9 During the tour, a
delegation member noticed that the list of attorneys was not posted on the bulletin board of the
observed housing unit. 30 The delegation asked a detention officer about it, however, and the list
was posted on the bulletin board a few minutes later. 31

2.

Visitation by Family and Friends

Applicable Standards. The Standards recommend 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.32 Facilities should allow visits from family and
friends during set hours on Saturdays, Sundays, and holidays to "maintain detainee morale and
family relationships.,,33 When the established visiting hours pose a hardship for particular visitors,
the facility should accommodate visitors' scheduling needs when possible. Additionally, evening
visiting hours may be established to the extent permitted by staffresources. 34 Visits should be at
least thirty (30) minutes and longer when possible. 35 At facilities that allow visitation by minors, a
supervisor may approve a minor's admission upon verification ofhislher identity by the
. a du ItVlsltor.
.. 36
accompanymg
.

11

Notes of delegation

13

Notes· of delegation

24

Notes of delegation

15

Notes of delegation

reg;ardling conversations with

of delegation

~15alUUI15

conversations with

17

Notes of delegation

"'E.a'uu,E.

conversation with Officer

18

Notes of delegation

.29

Observations of delegation

30

Delegation observations.

31

Observations of delegation

32

Detention Operations Manual, Detainee Services, Standard 17, Section IlI.A & B.

16 Notes

33 Detention

:-'l1T,,,,ru.,.;:m

conversation with Officer_

Operations Manual, Detainee Services, Standard 17, Sections I & III.H.1. .

34

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

35

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

36

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

4
LA\1608568.2

II

LATHAM&WATKINSu.l'
The Santa Ana Detention Facility appears to meet this section of the
Standards. However, in order to maintain morale and family relationships, per the
Standards, the facility should consider permitting contact visits with family and friends. The
Facility holds regular visiting hours from 10:00 a.m. until 10:00 p.m. seven days a week, except
for lockdown periods. 37 This schedule is set out in the inmate handbook that is given to detainees
upon arrival at the Facility. Detainees are allowed three one-hour visits per week,38 A maximum
of three adult visitors, and a maximum offive total visitors in any adult/child combination, is
permitted per visit. 39 Minor children must be accompanied by an adult. 40 Only non-contact visits
are available for family and friends. 41 These visits are conducted in open booths located in each
"mod.',42
.
B.

43
Telephone Access

1.

GeneralRequirements

Applicable Standards. The Standards suggest that facilities provide detainees
with reasonable and equitable access to telephones during established facility waking hours. 44 To
meet this requirement, facilities must provide at least one telephone for every twenty-five (25)
detainees. 45 The duration and frequency of telephone calls may be restricted only because of a
lack of availability, or for the orderly operation of the facility, and for emergency purposes.46 The
facility must provide telephone access rules to detainees when they are admitted, and post these
rules where detainees will easily see them. 47
The Santa Ana Detention Facility meets this section of the Standards. Each
"mod" of up to 64 people contains six working phones - three upstairs and three downstairs. 48
This satisfies the guideline suggesting one phone per every twenty-five (25) detainees. These
phones are available at all times provided that the detainees are not under lockdown. There is no
limit to the amount of time a detainee is permitted to spend on the phone. 49 The bulletin board

37

SADF Inmate Orientation Handbook, p.2.

38

SADF Inmate Orientation Handbook, p.3.

39

SADF Inmate Orientation Handbook, p.3.

40

SADF Inmate Orientation Handbook,

41

Notes of delegation

42

Observations of delegation

43

All

44

Detention Operations Manual, Detainee Services, Standard 16, Sections I & I1I.A.

45

Detention Operations Manual, Detainee Services, Standard 16, Section I1I.C.

46

Detention Operations Manual; Detainee Services, Standard 16, Section I1I.F.

·47

Detention Operations Manual, Detirinee Services, Standard 16, Section I1I.B.

conversation with

in this Section was provided to delegation member_uring conversations with

48

Observations of delegation

49

Notes of delegation 1l1<iUIV<il

LA\1608568.2

")<,CllUll.l)<,

conversation with

5

.<;:l1TlPn.li~{)

LATHAM&WATKI NSu.1'
contains a memo that gives instructions for utilizing the ICE telephone line to contact consulates
and other immigration-related organizations. 50

2.

Direct vs. Collect Calls

Applicable Standards. The Standards allow facilities to generally restrict
telephone calls to collect calls;51 however, the facility must allow detainees to make direct calls to
the local immigration court and the Board of Immigration Appeals, to federal and local courts, to
consular officials, to legal service providers, to government offices, and to family members in case
of an emergency. 52 Thefacility shall not require indigent detainees to pay for such calls if they are
local, nor for non-local calls if there is a compelling need. 53 In addition, the facility should allow
"all detainees to make calls to the [ICE]-provided list of free le~al service providers and
consulates at no charge to the detainee or the receiving party.,,5
The Santa Ana Detention Facility meets this section of the Standards. All calls
other than free local calls are made either by using a calling card purchased from the commissary
or by calling collect. 55 Calling cards are available for $25.00, and each call costs $3.00 for the
first minute, $0.15 for the second minute~ and $0.07 for each additional minute. 56 The ICE line is
available free of charge for detainees who wish to make immigration-related phone calls.57

3.

Telephone Usage Restrictions

Applicable Standards. The Standards provide that the facility shall not restrict the
number of calls a detainee places to hislher 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. 58 If time limits are necessary, they shall be no shorter than twenty (20)
minutes. 59
The Santa Ana Detention Facility meets this section of the Standards. The
Facility permits unlimited calls to legal representatives with the restriction that calls cannot be
made during lockdown. 6o Further, there is no set time .limit on phone cal1S. 61

50

Observations of delegation

51

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

52

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

53

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

54

Detention Operations Manual, Detainee Services, Standard 16, Section ill:E.

55

Notes of delegation mem

56 Notes

of delegation

57 Notes

of delegation

58

Detention Operations Manual, Detainee Services, Standard 16, Section ill.F.

59

Detention Operations Manual, Detainee Services, Standard 16, Section ill.F.

60

SADF Inmate Orientation Handbook, p.3.

LA\1608568.2

6

lATHAM&WATKI NSUJ>
4.

Privacy for Telephone Calls on LegalMatters

Applicable Standards. The Standards provide that a facility should provide a
reasonable number ofphones that afford detainees privacy in which to discuss legal matters
without being overheard by officers, facility staff, or fellow detainees. 62 The Standards provide
that legal calls shall not be electronically monitored absent a court order.63
The Santa Ana Detention Facility does not meet this section of the Standards:
there are no privacy safeguards. The phones at the Facility do not provide any privacy
whatsoever for the detainees. 64 All ofthe phones are located in public areas in clusters of three
such that phone conversations
.
will be overheard by other detainees and passing
guards. 65 According to
to the inmate handbook, telephone calls
routinely are monitored and
.
to ensure that legal calls are not monitored, the
detainee must fill out an information card with the number ofhislher attorney.67 This number then·
is filed
at the Facility to ensure that these calls will not be monitored. 68 According to
staff who are monitorin@ calls will stop monitoring a call promptly ifit is
the call recording.

5.

Incoming Calls and Messages

Applicable Standards. The Standards require that facilities deliver to detainees
any messages from attorneys as well as emergency incoming telephone calls as promptly as
possible. 7o . Detainees are to be allowed to return emergency telephone messages, "as soon as
reasonably possible within the constraints of security and safety.,,71
The Santa Ana Detention Facility does not meet this section of the Standards.
The Facility does not take messages from attorneys.72 Messages pertaining to family

61

Notes of delegation

62

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

63

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

64

Observations of delegation

65

Observations of delegation

Notes of delegation
Orientation Handbook, p.3.
66

"5alU1115

conversation with

regall"dulg conversation with

~""Q~"'~'w

67

Notes of delegation mem

68

Notes of delegation

69

Notes of delegation

70

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

71

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

72

Notes of delegation membe_egarding conversation with

LA\ 1608568.2

rp""rrima
"5a.lUU15

conversation with
conversation with S

regardIng conversation with

7

S.ApFInmate

LATHAM&WATKI NS1.lP

emergencies, however, are taken and delivered to detainees. 73 Detainees may not receive
telephone calls. 74
C.

Access to Legal Materials

Applicable Standards. According to the Standards, each ICE detention facility
shall provide a law library and allow detainees access to updated legal materials and other
equipment necessary to facilitate detainees' legal research and writing. 75 The Standards also
outline specific recommendations concerning facility conditions, holdings, equipment, access, and
76
.
procedures.
The Santa Ana Detention Facility does not fully meet this section of the
Standards; library use is restricted and materials are only available on computers. Contrary
to the Standards, the Facility restricts access to legal materials to "pro-per" inmates, a term used to
designate those detainees who are representmg themselves in legal matters. 77 All legal materials
are in electronic form and are stored on computers, and only one computer is allocated per
"mod.,,78 Although the materials seem to be current, the computer "library" is missing sources
such as a Black's Law Dictionary, which is required under the Standards. 79 Furthermore, the
.computer system seems to be difficult to navigate. 8o

1.

Library Conditions

Applicable Standards. The Standards instruct that the library should be in a
designated room, reasonably isolated from noisy areas, and sufficiently large to accommodate all
detainees who request its use. 81
The Santa Ana Detention Facility does not meet this section ofthe Standards:
there is no designated, isolated library room. The Facility does not maintain a traditional
library or library system: the only legal
are stored electronically; there are no
books whatsoever. 82 However, Su~ervisor
tell the group that some books were
is allocated per "mod" and each "mod"
being delivered the following day. 3 Only one

73

Notes of delegation

74

SADF Inmate Orientation Handbook, p.3. 


75

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


76

Detention Operations Manual, Detainee Services, Standard 1, Sections ill.B, J, & N. 


77

This policy was posted above the single computer in the "mod" the delegation visited. Observations of delegation. 


78

Notes of delegation

79

Notes of delegation

80

Observation of delegation

81

Detentions Operations Manual, Detainee Services, Standard 1, Section lIlA.

82

Observations of delegation

83

Notes of delegation

LA\1608568.2

regarding conversation with

rf'o"rrllina

8

conversation with

lATHAMe.WATKI NSLtP
houses as many as 64 persons. 84 The computer is located in the "mod" common area, where
inmates and detainees spend most of their time when not on lockdown. 85 Thus, it cannot be said
that the "library" is "reasonably isolated from noisy areas."

2.

Equipment

Applicable Standards. The Standards state that facility law libraries should
provide an adequate number of typewriters and/or computers, writing implements, paper, and
office supplies to enable detainees to prepare documents effectively for legal proceedings. 86
The Santa Ana Detention Facility does not fully meet this section of the
Standards: the Facility's allocation of only one computer per module, its policy of limiting
computer use to "pro-per" inmates, and the difficulty of navigating the computer programs,
would seem to prevent detainees from effectively conducting research and preparing
documents. The Facility grants free access to document copying and printing, and provides free
writing implements, paper, and envelopes to indigent detainees. 87 However, the access to
computers was ~uite limited: there is only one computer per module, and each "mod" can hold up
to 64 detainees, so it is difficult to say that the library provides "an adequate number of ...
computers .. , to enable detainees to prepare documents for legal proceedings.,,89 In the housing
unit that the delegation observed, a sign posted above the computer stated that only "pro-per"
inmates were allowed to use the computer with written consent. 90 An inmate stated to the
delegation that in order to use the computer, one needed to get written approval from a court
determining that the inmate or detainee was in fact "pro-per.',91 In addition, the computer in the
housing unit seemed difficult to use.92

84 Observation ofdell~gajtion
conversation with

of delegation member
notes of delegation

86

Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
mtf'TV1,p"T<:

89

with aet:alm:e

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

The sign read: "Only inmates that are pro-per and have written approval may use the computer. You must also ask
.
for permission before you use the computer." (See attached.) Observations of delegation.

90

91

Notes of delegation

regarding conversation with inmate

92

Observation of delegation membe~

9
LA\J608568.2

LATHAM&WATKI NSup

There are computer classes offered at the Facility.93 There were two computer labs
for these classes, each containing functioning computers and printers.94 According to Supervisor
detaljne(~s must sign up for a computer class in order to access the internet.95

3.

Holdings

Applicable Standards. The Standards specify that the library holdings should
conform to the materials list provided by ICE, a list ofthe library's holdings should be posted in
the facility, and a procedure should be in place to ensure that they are up-to-date. 96 The Standards
also state that unrepresented illiterate ornon-English speaking detainees "must be provided with
more than access to a set of English-language law books.,,97
The Santa Ana Detention Facility does not fully meet this section of the
Standards: legal materials are only available on computer and the available holdings are
apparently not in accord with the Standards. The Facility does not have books at all at the
time of the delegation's visit;98 legal materials are stored on the computer. 99 The delegation was
able to determine that the Facility's computerized library includes the fundiunentallegal research
materials (i.e. Federal and State Reporters, United States Code, Code ofFederal Regulations, and
the Rules of Proc.edure); these sources appear current. IOO However, most secondary sources listed
lOr
.
in the Standards could not be located.

4.

Access

Applicable Standards. 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. J02 Additionally, each detainee shall be
permitted to use the law library for a minimum of five hours per week. 103
It is unclear whether the Santa Ana Detention Facility meets this section of the
Standards; computers appear limited to "pro-per" detainees. As mentioned earlier, the

93 Notes

of delegation
of delegation mem

95 Notes

of delegation

detainee

conversation with

96

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

97

Detentions Operations Manual, Detainee Services, Standard 1, Section III.L.

98

Observations of delegation

99

Notes of delegation

rpo'orrl,no

conversation with

"",..,,pnl,~"r

100

Observation of delegation

101

Observation of delegation

102

Detentions Operations Manual, Detainee Services, Standard 1, Section III.O.

103

Detentions Operations Manual, Detainee Services, Standard 1, Section III.O.

10
LA\J608568.2

LATHAM&WATKI NSLtP

Facility restricts access to legal materials to "pro-per" inmates and detainees with written evidence
confirming their "pro-per" status. 104 A sign posted above the single computer in the "mod"
explicitly stated this policy: "Only inmates that are pro-per and have written a?proval may use the
computer. You must also ask for permission before you use the computer."IO An inmate and two
ICE detainees confrrmed that the officer in charge of maintaining the Facility's virtual library,
required "a note from the court" before granting access to use the
computer.
Notwithstanding the sign and information from detainees, Facility officials
maintained that all detainees and inmates were allowed access to legal materials and suggested
that the sign actually meant that "pro-per" inmates and detainees are given high priority. 107 The
delegation was thus unable to determine whether the Facility is in accordance with the Standards
in this area.
Inmates and detainees who qualify under the Facility's policy are permitted to use
the computer during any non-Iockdown period. 108 The Facility does not cap the number of hours
.
qualifying inmates and detainees may use computers. 109

5.

Assistance

Applicable Standards. The Standards state that detainees shall be permitted to
assist other detainees in researching and preparing legal documents upon request and never for
·
. ns
. kIlO
payment, except wh en such aSSIstance
poses a secunty
.
The Santa Ana Detention Facility meets this section of the Standards. An
inmate reported that the Facility permits detainees and inmates to assist others in the preparation
of legal documents and in conducting legal research. I II This statement was verified by Facility
personnel. 112
6.

Photocopies

Applicable Standards. The Standards require that detainees be able to obtain
photocopies of legal materials wh,en "reasonable and necessary for a legal proceeding involving
the detainee." I13 The detainee must be permitted to make enough copies to me with the court and
104

Observations of delegation.

105

See attached. Observations ofu<Ol<O)<;GlLlvu.

106

Notes of

conversation with

107 Notes
delegation

of

108

Notes of delegation

109

Id.

110

Detentions Operations Manual, Detainee Services, Standard 1, Section ill.K.

III

Notes of delegation

112

Notes of delegation

113

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

conversation with

11
LA\ 1608568.2

and interviews with

LATHAM&WATKI NSup
retain a personal copy, and requests can be denied only for security reasons, violations oflaw, or if
. exceSSIve
. or ab·
th e request IS
uSlve. 114
The Santa Ana Detention Facility meets this section of the Standards.
Detainees suggested that the Facility's policies for copying were informal and relaxed, particularly
.c
•
'
lor copymg
0 f IegaI maten·als. 115
D.

Groups Rights Presentations

Applicable Standards. According to the Standards, facilities "shall permit
authorized persons to make presentations to groups of detainees for the purpose of infonning them
of U.S. irtunigration law and procedures." I 16 The facility shall play videotape presentations on
legal rights, at the request of outside organizations, and provide regular opportunities for detainees
in the general population to view the videotape. ll7
The Santa Ana Detention Facility appears to meet this section of the
Standards; however, it would be helpful if a Know Your Rights video were made available.
are no group rights presentations conducted at the Facility. 118 Supervisor
stated that there is no current interest from nonprofit organizations or agencies to
conduct these presentations. I 19 Due to this lack of interest, there is no plan to have
rights
presentations in the near future. 120
that Officer
the program
. over group ng
. hts presentatlOns.
.
121
does not show the
Your
supervIsor
122
Rights" video created by the Florence Project.
In fact, no one at the Facility seemed to know
what this video was and did not appear to have received a copy from ICE.
IV.

OTHER PROVISIONS OF'THE ICE DETENTION STANDARDS
A.

Correspondence

Applicable Standards. The Standards state that detainees will be allowed to send
and receive correspondence in a timely manner, subject to limitations required for safety, security,
and orderly operation of the facility. 123 General correspondence normally shall be opened and
114

Detention Operations Manual, Detainee Services, Standard 1, Section IlI.l.

115

Notes of delegation member_regarding conversations with inmateM,Utnd detainee

116

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

117

Detention Operations Manual, Detainee Services, Standard 9, Section ill.!.

118

Notes of delegation

119 Notes

of delegation

120 Notes

of delegation

121

Notes of delegation

122

Observation of delegation Tnpmn'~r
notes of
UC;LiOJllC;C;, and aellunee~

123

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

corlvel:sation with

12
LA\I608568.2

LATHAMaWATKI NSm
inspected for contraband in the presence ofthe detainee, but may be opened and even read outside
the presence of the detainee if security reasons exist for doing SO.124 Incoming special
correspondence can ?e ~2~ected ~or contr~band only in the presence of the detai~ee, but it can
Outgomg specIal correspondence crumot be opened, mspected, or
never be read or copIed.
read. 126 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. 127

The Santa Ana Detention Facility meets these sections of the Standards. Two
of the detainees interviewed agreed that officers distribute legal envelopes, postage, and other
necessary supplies freely for the preparation and mailing of legal materials. These detainees
described the process for opening of legal and non-legal mail; their descriptions were consistent
with the policies laid out in the Standards, as well as the policies described by the Facility
128
1
personne.
B.

Recreation

Applicable Standards. According to the Standards, "all facilities shall provide
[ICE] detainees with access to recreational programs and activities, under conditions of security
and supervision that protect their safety and we1fare.,,129 The Standards state that each detainee
shall have access to outdoor recreation for a minimum of one hour daily, five days a week, and to
indoor recreation for at least one hour each day.130 The Standards recommend that outdoor
exercise areas "offer a variety of fixed and movable equipment," and recreational activities "based
on the facility's size and 10cation.,,131 Detainees should not be forced to choose between library
and recreation privileges. 132 Detainees in administrative or disciplinary segregation should be
provided with recreation that is separate from the general prison population, but may be denied
recreation for "safety or security purposes." 133 The Standards indicate that dayrooms should
provide "board games, television, and other sedentary activities.,,134
The Santa Ana Detention Facility appears to meet this section of the
Standards. The Facility permits detainees to use both the dayroom and outdoor facilities. 135
124

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

125

Detention Operations Manual, Detainee Services, Standard 3, Section III.E.2.

126

Detention Operations Manual, Detainee Services, Standard 3, S~ction III.F.2.

127

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

128

Notes of delegation

129

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


130

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


regarding interviews with

131

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


132

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


133

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


134 Detentions

135

Operations Manual, Detainee Services, Standard 13, Section III.G.3. 


Observation of delegation

13
LA\ 1608568.2

LATHAMaWATKINStlP
According to one detainee, detainees have free time for recreation everyday - both in the
morning and afternoon. 136 The indoor recreation areas have televisions and couches,137 and the
inmate handbook indicates that board games are available to the detainees.138 Each module has a
small outdoor yard area with a pull-up bar and sit-up bench. 139 Although the yards are technically
outdoors,
walls are relatively high, allowing minimal natural light. 140 According
to
detainees are able to "run laps although the outdoor areas are small.,,141

c.

Access to Medical Care

Applicable Standards. All detainees shall have access to medical services that
promote detainee health and general well-being. 142 Every facility will provide its detainee
population with initial medical screening, cost-effective primary medical care, and emergency
care. 143 All facilities must employ, at a minimum, a medical stafflarge enough to perform basic
exams and treatments for all detainees. 144
Detention centers must provide an initial medical screening upon a detainee's
arrival. I45 The prescreening shall include an evaluation of the detainee's suicide risk and mental
disorders. 146 There must be procedures in place by which detainees can request medical attention
when they feel that it is needed. 147 All facilities must have a procedure in place to ensure that all
request slips are received by the medical facility in a timely manner. 148
The Santa Ana Detention Facility substantially meets this section of the
Standards; however, there was one serious complaint regarding delayed medical treatment.
Medical care at the Facility is provided and overseen by Correction Managed Care. 149 There is no
onsite medical center at the Facility. Rather, medical care is provided by a nUmber of onsite or
visiting medical professionals. 15o There is always a Nurse Practitioner, Registered Nurse, and

136 Notes

of delegation

interview with

J37

Observation of delegation

138

SADF Inmate Orientation Handbook, pA.

139

Observation of delegation mem

140

Observation of delegation

141

Notes of delegation

142

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

143

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

144

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

145

Detention Operations Manual, Health Services; Standard 2, Section III.A.

146

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

147

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

148

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

·ega.rdirlg conversation

149 Notes

of delegation

conversation with

Snrlervl!':or

150 Notes

of delegation

conversation with

Sl1r"'rvl~or

14
LA\1608568.2

LATHAM&WATKI NSu.1'
151

Licensed Vocational Nurse on site.
These professionals manage the day-to-day medical needs
of the detainees, provide the initial diagnosis, and coordinate additional medical care. 152 A
medical doctor visits the Facility once a week to provide additional care and checkups. I53 A
podiatrist and dentist also visit once a week to provide services as needed. 154 Also, a psychiatrist
155
visits the Facility once every two weeks.
If there is a medical emer~ency, the detainee will be
.
transferred by the fire department to Western Medical in Santa Ana. 15
U;on arriving at the Facility, detainees are subject to an initial medical examination
and screening. 15 If the detainee is terminally ill, taking certain psychiatric medications, or at least
six months pregnant, the Facility will not admit the detainee. 158 In addition to this initial medical
screening, all detainees are given a medical examination every six months to one year. I59
Detainees generally are not segregated based. on medical conditions. If an inmate
has a severe, contagious, or dangerous medical problem, he or she will be given treatment and
may have to be removed from the Facility or segregated. 160 Detainees are segregated under
medical quarantine if they have a highly contagious or dangerous condition. 161 The detainee may
stay at the Facility if the condition can be treated quickly. If the problem is more serious,
however, he or she will be taken to the hospital until the condition improves or he or she will be
removed from the Facility. 162
If a detainee has a medical problem, he or she can fill out a medical inmate request
form. 163 These forms are located in each housing area, and the detainees we interviewed were

regarding conversations with
regarding conversations with "1l1,pr'v,<:"r
regarding conversations with

158

Notes of delegation

"",,,"r',,,,,,,r

rpo'"rtll;na

conversation with Supervisor

rf"o'"rtll;no

conversation with Supervisor
conversation with Supervisor
conversation with Supervisor
conversations with Sup

conversations with

15
LA\ 1608568.2

LATHAM&WATKI NSllP
generally aware of the location and purpose of these forms. l64 If a detainee is illiterate, he or she
can speak to a guard and receive assistance in filling out the fonn. 165 These forms are coilected
numerous times throughout the day, and responses by medical personal usually are timely. 166 One
detainee, however, reported that he had been awaiting medical treatment for a painful
dennatological disease for over three months, even though he had filled out a request fonn and
had spoken with a nurse at the Facility. 167 The detainee stated that he was told he had to ''wait for
INS" to provide a doctor to treat his condition. 168
As mentioned earlier, a psychiatrist visits the Facility once a week to treat mental
health problems.!69 The supervising guards are trained to spot such issues.!70 These supervisors
inspect the Facility and conduct a "walk through" twice a day; if they spot potential mental health
issues, they contact the onsite nurse practitioner who initially treats the inmate.!7! Guards and
inmates can also report potential mental health issues.172 Similar to other medical emergencies,
the detainee will be transferred to a hospital if the problem is severe.!73 The psychiatrist will treat
patient directly if the mental health situation can be handled at the Facility.!7
D.

Detainee Grievance Procedures

Applicable Standards. The Standards state that every facility must develop and
employ standard operating procedures that address detainee grievances within a reasonable time
liririt.!75 Each facility must have procedures for infonnal resolution of oral grievances within five
days of the event precipitating the grievance.176 If dissatisfied with or instead of the infonnal

interviews with unnamed male detainee,

168

Notes of delegation

169

Notes of delegation

170

Notes of delegation

171

Notes of delegation

172 Notes

of delegation

an~notesof

detainee, and aetiam(:e:
173

Notes of delegation

conversation with Supervisor

174

Notes of delegation mem

conversation with Supervisor

175

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

176

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

LA\!608568.2

16

LATHAM&WATKI NSllP

process, a detainee must be allowed to submit a formal, written grievance to a grievance
.
committee. 177
The Santa Ana Detention Facility appears to meet this section of the

Standards. Detainees have access to a formal grievance process, and detainees may appeal a
grievance decision. 178 To initiate a grievance procedure, detainees may fill out an "Inmate
Grievance Form," on which the detainee provides their full name, booking number, housing
location, category of complaint, and date and time of grievance. 179 Some of the detainees
interviewed were not aware of the procedure for filing a grievance. 180 However, one detainee
reported that after filing a grievance, he received a response within a few days.181
E.

Disciplinary Policy

Applicable Standards. The Standards suggest that each facility maintain a
detainee disciplinary system that has a "progressive level of review, appeals, procedures, and
documentation ofprocedures.,,182 Any disciplinary action "may not be capricious or
retaliatory,,,183 and must not include corporal punishment, deviation from normal food service,
deprivation of clothing, bedding, items of personal hygiene, correspondence privileges or physical
exercise. 184 The inmate handbook must provide notice of the facility's conduct rules and the
sanctions imposed for violations of the rules. 185 When an officer witnesses a prohibited act that is
unsuitable for informal settlement, the officer must prepare and submit an incident report, which
shall be investigated within twenty-four (24) hours of the incident. 186 A disciplinary panel will
· d'lcate th ese reports. 187
a dJU
.
The Santa Ana Detention Facility appears to meet this section of the

Standards. The handbook outlines the rules of conduct and sanctions for violations. 188 The
handbook also informs detainees that they have the right to appeal disciplinary actions. 189

177

Detention Operations Manual, Detainee Services, Standard S, Section III.A.2.

178

SADF Inmate Orientation Handbook, p.7.

179

SADF "Inmate Grievance Form."

181

Notes of delegation

182

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


183

Detention Operations Manual, Security and Control, Standard 14, Section III.A.2. 


184

Detention Operations Manual, Security and Control, Standard 14, Section III.A.3. 


185

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


186

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


187

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


188

SADF Inmate Orientation Handbook, p.1 O. 


189

SADF Inmate Orientation Handbook, pp.1 0-12. 


rP<T<>rriinn

interview with Uo;;~~I1"'o;;

17
LA\16085682

LATHAM&WATKI NSltP
F.

Detainee Classification
1.

Classification in general

Applicable Standards. According to the Standards, all detainees shall be
classified upon arrival. 190 ICE is to provide IGSA facilities with the data needed to classify
detainees received from ICE upon arrival. 191 Detainees are to be classified according to risk, and
to be given color-coded uniforms and wristbands that correspond to their level of risk. 192 A
supervisor shall review the intake officer's classification files for accuracy,193 and facilities shall
house detainees according to their classification level. 194 .
The Santa Ana Detention Facility appears to meet this section of the
Standards. Detainees are classified initially when they arrive at the Facility as part of the booking
process. 195 This initial classification is based solely on security risk, although if a detainee is
found to have a serious medical condition, they may also be segregated at this juncture or taken
away from the Facility .196 Detainees are asked a series of questions to determine their security
risk. 197 Moreover, the staff will review the detainee's file and past behavior if transferred to
complete this initial classification. 198 After this interview and review, detainees are assigned a
number on a continuum from one through six to correspond with their risk level- the lower
numbers are assigned to signify "no security risk" and the number six signifies the highest security
risk. 199 Those inmates or detainees with a high security risk number are housed in a separate
housing area, do not have cellmates, ~d are kept under a high level of supervision?OO These high
risk inmates do not come into contact with low or medium risk inmates or detainees?OI Detainees
may be reevaluated and placed in a different risk category depending on their behavior and
.
.
actions. 202

190

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

191

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

192

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

193

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

194 Detention
195 Notes
196

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

of delegation mem

");O.lUlll);

Notes of delegation

conversation with
conversation with
conversation with

197

Notes of delegation

1,..,.o,.,,.~I;nn

198

Notes of delegation

1,..,.n,,,,.,,I;no

conversation with

199

Notes of delegation

1,..,.n,,,,.,,I;"n

conversation with
conversations with

201

Notes of delegation

an"
of delegation

202 Notes

conversations with
conversation with

18
LA\1608568.2

LATHAMaWATKI NSup

2.

Disciplinary Segregation

Applicable Standards. The Standards provide that facility authorities shall
"impose disciplinary sanctions on any detainee whose behavior is not in compliance with facility
rules and procedures" in order to ensure a safe and orderly living environment for the general
population. 203 Detainees should be placed in disCiplinary segregation only after a hearing at which
the detainee "is found to have committed a prohibited act.,,204 The Standards also provide that
facilities shall institute "written procedures for the regular reView of all disciplinary-segregation
cases.,,205
The Santa Ana Detention Facility appears to meet this section of the
Standards. 206 Detainees may be segregated based on disciplinary actions?07 Generally, detainees
are disciplined for fights, major contraband, or a violation of other major rules?08 Depending on
the extent of the act, the detainee may be moved to a different housing area, moved to the high risk
housing area, or placed on a 23-hour lockdown in their cel1. 209 Two detainees reported that they
.
had been placed under 23-hour lockdown for having food in their cells?lO

3.

Administrative Segregation

Applicable Standard. Administrative segregation is non-punitive separation from
the general population, used when a detainee would pose a threat to himself, staff, or other
detainees. 21 Detainees in administrative segregation shall receive the same general privileges as
. the general popu1·
anon. 212
those III
The Santa Ana Detention Facility appears to meet this Standard. There are
various other reasons that a detainee may be segregated outside of risk, medical, and disciplinary

203

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

204

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

205

Detention Operations Manual, Security and Control, Standard 14, Section ill.C.

206 The Standards recognize that detainees in disciplinary segregation usually have fewer privileges than those in the
general population. However, the Standards require that the detainees in disciplinary segregation have the same
humane living conditions as the general population, including receiving clean clothes, receiving meals according to
schedule, and having the opportunity to maintain a normal level of personal hygiene. Detention Operations Manual,
Security and Control, Standard 14, Section ill.D.
207 Notes

of delegation

208 Notes

of delegation

delegation
Notes of
detainee, and
210 Notes

of delegation

detainee

Detention Operations Manual, Security and Control, Standard 13, Section ill.A.
212

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

LA\I608568.2

19

lATHAM&WATKI NSLtP
are not segregated.213 However, if a male detainee is, as
nht'<I<,pl1 it, "excessively flamboyant" or "overtly female," he may be
segregated for his own: safety.214 Additionally, if sex change operations have been performed, a
detainee may b~ segregated.215
.
factors.

Moreover, a detainee may be segregated if he or she is a material witness in a
pending triaL 216 If the detainee is a high-profile witness or may testify against another inmate,
they will be kept separate from other inmates. 217 If a detainee is in danger because of past
circumstances, the detainee may be segregated regardless of the security risk.218 One detainee
reported that he had been the victim of gang violence while at the Facility, and thus was separated
from the other inmates until the atmosphere "settled down.,,219
noted that a detainee or inmate may be segregated if
they are deemed non-criminal, as the Facility does not house criminals and non-criminals
together. 220

G.

Voluntary Work Program

Applicable Standards. The Standards suggest that every facility that has a work
program provide detainees who are physically and mentally able to work with an opportunity to
work and earn money.221 A detainee's classification will help determine the type of assignment
222
for which he or she is eligible.
Detainees shall receive monetary compensation for work
completed in accordance with the facility's standard policy.223
The Santa Ana Detention Facility does not fully meet this section of the
Standards; detainees do not receive monetary compensation for their work. According to
Supervisor Rubalcaba, the Facility provides voluntary job opportunities for both male and female
detainees?24 Male and female detamees do not work together. 225 Job opportunities include

213

Notes of delegation

.214 Notes

of delegation m"mhF'r

215

Notes of delegation

216

Notes of delegation

regarding conversation with

217

Notes of delegation

regarding conversations with

218

Notes of delegation 


219

Notes of delegation 


220

Notes of delegation 


221

Detention Operations Manual, Detainee Services, Standard 18, Section III.A. 


222

Detention Operations Manual, Detainee Services, Standard 18, Section ill.A. 


223

Detention Operations Manual, Detainee Services, Standard 18, Section ill.K. 


224

Notes of delegation

conversation with

225

Notes of delegation

conversation with '"rIP.t'\ll~"t

LA\1608568.2

20

LATHAM&WATKI NStLP
laundry and general clean-up?26 In order to be eligible to work, a detainee cannot be under
administrative or disciplinary segregation, cannot have any hazard warnings, and cannot have been
on major discipline within the frevious month.227 Detainees do not receive monetary
compensation for their labor.22 However, detainees who work receive special benefits, such as
extra food during meals or the ability to make additional phone calls.229
H.

Detainee Transfer

Applicable Standards. The Standards require ICE to notify a detainee's legal
representative of record that the detainee is being transferred.230 Indigent detainees will be
pennitted to make a single domestic telephone call at the government's expense upon arrival at
their final destination; non-indigent detainees will be pennitted to make telephone calls at their
own expense. 231 Records including the detainee's Alien File ("A-file") and health records (or
transfer summary for IOSAs) must accompany the detainee.232
The Santa Ana Detention Facility meets this section of the Standards. When
detainees are transferred to the Facility, they may make a phone call in the booking area upon
arrival.233 All of the detainees indicated that they were able to make a phone call upon arrival, but
one detainee reported that the Facility limited his call to "one second only.,,234 The detainee's A­
file and health records are transferred to the Facility with the detainee.235

I.

Detainee Handbook

Applicable Standards. The Standards instruct that each facility shall have a
detainee handbook that "briefly describe[ s] individual programs and services and associated
rules.,,236 The handbook shall be distributed to detainees immediately upon their admission to the
facilit)r?37 The handbook should include topics such as "recreation, visitation, education,
voluntary work, telephone use, correspondence, library use, and the canteen/commissary."Z38 In
addition, the handbook shall cover the facility's medical policy, facility-issued items such as
226 Notes of delegation

regarding conversation with

Sllr'PnJi~()r

regarding conversation with .... nr'Prtl1Q()r
228 Notes of delegation

regarding conversation with .... nr'PnJl<l()r

229 Notes of delegation

regarding conversation with

230 Detentions Operations Manual, Security and Control, Standard 4, Section ill.A.
231 Detentions Operations Manual, Security and Control, Standard 4, Section ill.G.
232 Detentions Operations Manual, Security and Control, Standard 4, Sections ill.D.l & ill.D.6.
of delegation
234 Notes of delegation
235 Notes of delegation

interview with unnamed male detainee.
regarding conversation with

,,"r,prll'10()T

236 Detention Operations Manual, Detainee Services, Standard 6, Section ill.B.
237Detention Operations Manual, Detainee Services, Standard 6,Section ill.B.
238 Detention Operations Manual, Detainee Services, Standard 6, Section III.B.

21
LA\16085682

lATHAM&WATKI NS<lP
clothing and bedding, access to personal property, and meal service.239 The handbook must
provide notice ofthe procedures for filing grievances and appeals. It must provide inforination on
submitting questions and concerns to ICE staff. 240 The handbook must also specify the rules and
regulations with which detainees must comply, and it must detail detainees' rights and
responsibilities, including the right to be free from discrimination and abuse?41 The handbook
must be available in English and Spanish and, where appropriate, in "the next most-prevalent
language(s) among the facility's detainees.,,242 The handbook should be revised as necessary, and
formally reviewed at least annually.243

The Santa Ana Detention Facility's handbook partially meets this section of
the Standards; however, the inmate handbook does not address certain topics, including
detainees' rights to communicate with ICE staff and to be free from abuse and
discrimination, and does not provide information on how to file a grievance or appeal. The
Facility's "inmate orientation handbook" e~lains the behavior expected from detainees; and
details the Facility's rules and regulations? It includes a discussion ofrecreation,245 visitation,246
education,247 correspondence,248 library use,249 telephone use,250 and commissary use?51 The
handbook, in accordance with the Standards, also contains information on the Facility's medical
policy,252 Facility-issued items,253 and meal service. 254 The handbook does not, however, discuss
the voluntary work program or access to personal property. In addition, the inmate handbook does
not provide information on how to file a grievance or appeal, or indicate that detainees may send
written questions or concerns to ICE staff, or inform detainees of their right to be free from
discrimination and abuse.

239

Detention Operations Manual, Detainee Services, Standard 6, Section III.B.

240

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.

241 Detention Operations Manual, Detainee Services, Standard 6, Section TIl.C, and Security and Control Standard 5,
Section III.A.5.
242

Detention Operations Manual, Detainee Services, Standard 6, Section III.E.

243

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

244

SADF Inmate Orientation Handbook.

245

SADF Inmate Orientation Handbook, pp. 4-5.

246

SADF Inmate Orientation Handbook, p. 2.

247

SADF Inmate Orientation Handbook, p. 10.

248

SADF Inmate Orientation Handbook, pp. 8-9.

249

SADF Inmate Orientation Handbook, p. 9.

250

SADF Inmate Orientation Handbook, p. 3.

251

SADF Inmate Orientation Handbook, p. 7.

252

SADF Inmate Orientation Handbook, p. 10.

253

SADF Inmate Orientation Handbook, pp. 6-7.

254

SADF Inmate Orientation Handbook, p. 4.

LA\1608568.2

22

LATHAM&WATKI NSu.p
The handbook is translated into Spanish.255 According to
if
a detainee does not speak English or
hires translators to translate
handbook for the detainee?56
stated that the handbook is revised
regularly, and that detainees are informed about updates as they arise even if the handbook has not
. d .257
yet been reVIse
J.

Religious Practices

Applicable Standards. The Standards require that detainees of different religious
beliefs be provided with reasonable and equitable opportunities to participate in the practices of .
their respective faiths?58 According to the Standards, these "opportunities will exist for all
equally, regardless of the number of practitioners of a given religion, whether the religion is
'mainstream,' whether the religion is 'Western' or 'Eastern,' or other such factors?59 A facility's
staff shall make "all reasonable efforts to accommodate" special food services required by a
. ,s partIcu
. 1ar re1"IglOn. 260
detamee
The Santa Ana Detention Facility appears to meet this section of the
Standards. The Facility allows inmates to attend religious services on a weekly basis?61
Voluntary religious services are held weekly, typically on Sundays.262 In addition, detainees may
submit a written request for alternate meal times during religious holidays.263
K.

ICE Presence at the Facility/Staff-Detainee Communication

Applicable Standards. The Standards recommend that facilities have procedures
to facilitate formal and informal communication between and among facility staff, ICE staff, and
ICE detainees. 264 Additionally, detainees should be able to file written requests to ICE and receive
. a hme
. 1y las
c h'IOn. 265
responses m
.
The Santa Ana Detention Facility appears to meet this section of the
Standards. To contact ICE, detainees can send a fax on a form provided by the Facility or dial the

255

SADF Inmate Orientation Handbook, pp. 15-30.

256

Notes of delegation member_regarding conversation with Supervisor

257

Notes of delegation

258

Detentions Operations Manual, Detainee Security and Control, Standard 14, Section I.

259

Detentions Operations Manual, Detainee Security and Control, Standard 14, Section I.

260

Detentions Operations Manual, Detainee Security and Control, Standard 14, Section' III.M.

261

SADF Inmate Orientation Handbook, p.9.

regarding conversation with "IJllerV'"

Orientation Handbook, p.9; notes of delegation member _ e g a r d i n g conversation with
263

SADF Inmate Orientation Handbook, p.9. 


264

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


265

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


23
LA\1608568.2

LATHAM&WATKI NSllP

number that is posted. 266 The Facility sends faxes immediately and keeps a copy of all
correspondence.267 If the ICE detainee population is large enough, ICE automatically makes
weekly visits. 268 The visits are announced to the detainees on Wednesdays, at which time the
detainees can choose to sign up to speak with the representative. 269

V.

CONCLUSION

The Santa Ana Detention Facility meets or appears to meet many of the ICE
Detention Standards. However, the Facility should take additional steps in order to apply the
Standards successfully with respect to the following areas:
• 	 Taking incoming messages from attorneys and delivering them to detainees.
• 	 Providing privacy safeguards for telephone calls on legal matters.
• 	 Providing hard copy library materials in a quiet, isolated, and sufficiently
large enough space in order to allow detainees to research and prepare legal
documents. Many detainees do not know how to use computers, and even
those that do find it difficult to access a "virtual library." A computerized
library system requires that the detainees know the names of sources and legal
terms in order to begin searching for them, when often this is not the case. As
a result, this system is virtually unusable for most, if not all, ICE detainees.
• 	 Allowing detainees to have greater access to the computer and legal materials.
This would entail permitting all detainees to use the computer in their housing
unit on a regular basis, regardless of whether they are "pro-per" or not.
• 	 Updating the computer "library" to include the legal materials required by the
Standards. Missing sources include Black's Law Dictionary and secondary
sources.
• 	 Making the computer easier to use by offering assistance in housing units for
those who need help navigating computer programs.
• 	 Showing the Florence Project's "Know Your Rights" video.
• 	 Offering monetary compensation for work performed by detainees through the.
voluntary work program.
•

266 Notes
267

. 268
269

Updating the inmate handbook to provide the required information for ICE
detainees.

of delegation

regarding conversation with

Notes of delegation

regarding conversation with

Notes of delegation .

regarding conversation with

Notes of delegation

regarding conversation with

24
LA\1608568.2

Facility Name: SANTA ANA DETENTION FACILITY, SANTA ANA, CALIFORNIA 

Date of Tour: July 20, 2006 

_iCiPants: Latham & Watkins LLP attorney
summer aSSOCIaleS
*Standards are Detainee Services Standards unless otherwise indicated. Standards excerpts are typed verbatim, Issues are generally listed in their order from the Report,
Report comments in bold are priority issues for ICE-ABA discussion.

ICE Standard*
Standard 16, Telephone Access
• IIU. The facility shall take and deliver telephone
messa es to detainees as rom tl as ossible. 

2. I Standard 16, Telephone Access
• III.J. The facility shall ensure privacy for detainees'
telephone calls regarding legal matters. For this 

purpose, the facility shall provide a reasonable number 

of telephones on which detainees can make such calls 

without being overheard by officers, other staff or 

other detainees. 

3. I Standard 1, Access to Legal Material
• Ill-A. The facility shall provide a law library in a
designated room with sufficient space to facilitate 

detainees' legal research and writing. The law library 

shall be large enough to provide reasonable access to 

all detainees who request fts use. 

• III.B. Equipment. The law library shall provide an
adequate number of typewriters andlor computers, 

writing implements, paper and office supplies to 

enable detainees to prepare documents for legal 

roceedin s. 

Standard 1, Access to Legal Material 

• III.G. The facility shall ...permit all detainees,
regardless of housing or classification, to use the law 

library on a regular basis. Each detainee shall be 

permitted to use the law library for a minimum of five 

hours erweek.
5. I Standard 9, Group Presentations on Legal Rights
• III.I. Videotaped presentations. The facility shall play
[ICE]-approved videotaped presentations on legal 

at the reauest of outside
1.

Delegation Report

I Source

•

The Facility does not take messages from
attorneys. (p.8 ~1) 


•

The telephones at the Facility do not provide any Delegation
privacy. All of the telephones are located in
observations 

public areas in clusters ofthree such that phone 

conversations are likely to be overheard by other 

detainees and passing guards. (p.7 ~2) 


•

There is no library room or books. Rath
is one computer per "mod," located in 

common area. However, Supervisor 

informed the delegation that books 

delivered the day after the visit. (p.8 ~5) 

There is only one computer per "mod"; each
"mod" houses as many as 64 people. Therefore, 

the number of available computers may be 

insufficient. (p.9 ~3) 


•

I ICE Response

I

•

The Facility restricts access to legal materials to
individuals who represent themselves ("pro­
per"). (p.8 ~3)

•

The"Facility does not show a "Know Your
Rights" video. (p.12 ~4) 


Delegation
observations of 

posted notice 


6/14/2007

ABA Commission on Immigration - Detention Standards Implementation Initiative "

1

6. I Health Services Standard 2, Medical Care
I. All detainees shall have access to medical services that
promote detainee health and general well-being.
• III.A. Every facility will provide its detainee population
with initial medical screening, cost-effective primary
medical care, and emergencv care.
7. I Standard 18, Voluntary Work Program
• I. Every facility with a work program will provide
detainees the opportunity to work and earn money.

•

One detainee reported that he had been waiting for
medical treatment for a painful dermatological
disease for over three months. He was told he had to
"wait for INS" to provide a doctor to treat his
c.cindition. (p.16 ~1)

•

K I Standard 6, Detainee Handbook
• III.B. The overview will briefly describe individual
programs and services .•. incIud[ing) .•. voluntary
work ••. [and) access to personal property..•.
Standard 5, Detainee.Grievance Procedures
• III.G. Detainee Handbook. ••. The grievance section
of the detainee handbook wiII provide notice ofthe
following: ..• 2. the procedures for filing a grievance
and appeal ...
Standard 15, Staff-Detainee Communication
• III.B.3. Detainee Handbook.... The·handbook shall
state that the detainee has the opportunity to submit
written questions, requests, or concerns to ICE staff
and the procedures for doing so ..•.
Security and Control Standard 5, Disciplinary Policy
IIlA.5. The detainee handbook or equivalent •. , shall
advise detainees of ... the right to protection from
personal abuse... [and] the right to be free from
discrimination ....

•

Detainees do not receive monetary compensation
for their labor. However, they receive special
benefits, such as extra food during meals or the
ability to make additional telephone calls. (p.21
The inmate handbook does not address the
voluntary work program or access to personal
property. It does not provide the procedures for
filing a grievance or appeal. In addition, the
.inmate handbook does not state that detainees
have the opportunity to communicate with ICE
staff. It also does not state that detainees have the
right to be free from discrimination and abuse.
(p.221[2)

I Inmate handbook

6/14/2007

-ABA Commission on Immigration - Detention Standards Implementation Initiative

2