Commission on Immigration

MEMORANDUM
TO:
FROM:

John P. Torres, Acting Director, Office of Detention and Removal, Immigration and Customs
Enforcement
b6
Associate Director, ABA Commission on Immigration; 202-662b6

RE:
DATE:

Report on Observational Tour of the Suffolk County House of Corrections, Boston,
Massachusetts
May 5, 2006

The attached Report on the ABA delegation’s Observational Tour of the Suffolk County House of
Corrections, Boston, Massachusetts raises retaliation concerns at a level that the ABA has not
encountered in the nearly five years that we have been visiting detention facilities pursuant to our
Detention Standards Implementation Initiative.
Section III.F of the Report below describes the difficulty that our volunteer attorneys had in identifying
detainees who would agree to meet with the delegation. The volunteer attorneys sent 40 to 50 letters to
detainees at the facility, and called numerous attorneys and agencies in the Boston area to ask whether
their clients would meet with delegation members during their visit. Of the detainees contacted by mail,
only one responded, and only one represented detainee agreed to meet with the delegation. The attorneys
reported that their clients would not meet with the delegation because they feared retaliation as a result.
The two detainees who responded were removed before the delegation took place. On the day of the
delegation’s visit, an officer at the facility chose two detainees to meet with the delegation. As the Report
states, both detainees were agitated and emotional during their interviews. One of them shook so badly
that he held his hands together to try to control his shaking.
We understand that the Department of Homeland Security is currently investigating conditions at the
Suffolk County House of Corrections. We hope you will consider forwarding this Report to those who are
conducting the investigation. Thank you for your attention to this matter.

740 Fifteenth Street, NW
Washington, DC 20005-1022
202-662- b6
Fax: 202-638-3844

John P. Torres, Acting Director
Office of Detention and Removal
Immigration and Customs Enforcement
March 24, 2006 -- Page 2
MEMORANDUM
DATE

March 24, 2006

TO

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

CC

b6

, ABA Commission on Immigration

FROM

American Bar Association Delegation to the Suffolk County House of Corrections

RE

Report on Observational Tour of the Suffolk County House of Corrections, Boston,
Massachusetts

This memorandum summarizes information gathered at the Suffolk County House of Corrections
(the “Facility”) in Boston, Massachusetts, during the delegation’s February 24, 2006 visit to the Facility. 1
The information was gathered via observation of the Facility by the delegation, interviews of two
detainees, and discussions with Facility and Immigration and Customs Enforcement (“ICE”) personnel.
I.

ICE Detention Standards

In November 2000, the Immigration and Naturalization Service (“INS), 2 promulgated the “INS
Detention Standards” to ensure the “safe, secure and humane treatment” of immigration detainees. The
thirty-eight standards contained in the Detention Operations Manual cover a broad spectrum of issues
ranging from visitation policies to grievance procedures and food service. These standards apply to ICEoperated detention centers and other facilities that house immigration detainees pursuant to a contract or
intergovernmental service agreement (“IGSA”).
The Detention Standards (the “Standards”) went into effect at ICE-operated detention facilities
on January 1, 2001. ICE intended to phase in the Standards at all of its contract and IGSA facilities. The
Standards are designed to establish the minimum requirements to which ICE must adhere in its facilities.
Each Field Officer 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 Visit, February 24, 2006

On Friday, February 24, 2006, the members of our delegation collectively met with one member
b6, b7C
of the Facility’s staff, Lt.
and two representatives from the ICE office in Boston,
1

b6
The delegation was comprised of attorneys from the Boston office of Dechert LLP, including
,
b6
and
(the “Delegates”). In addition, the following Dechert LLP attorneys
b6
b6
participated in the research and pre-tour preparation for this project:
,
and
b6
b6
.
Effective March 1, 2003, the INS ceased to exist as an agency of the Department of Justice. The INS’ immigration
enforcement functions were transferred to Immigration and Customs Enforcement (“ICE”), a division of the newlycreated Department of Homeland Security.

2

John P. Torres, Acting Director
Office of Detention and Removal
Immigration and Customs Enforcement
March 24, 2006 -- Page 3
b6, b7C
b6, b7C
Massachusetts, Agent
and Supervising Agent
. All three of these individuals
were at the Facility to greet us, and prior to our tour, sat down and discussed with us implementation of
the various Standards at the Facility. Following our conversation, Lt. b6, b7C and Agent b6, b7C
escorted us on a tour of the Facility. The delegation appreciates the cooperation of these individuals and
the time they spent with us. They were responsive to our questions and requests for additional
information.

Our report is based on the discussions we had with these individuals, interviews with two
detainees (collectively, the “Detainees”) at the Facility, our tour of three of the four floors of the Facility,
b6, b7C
and our own observations during the tour. The first detainee we interviewed was
He is
from El Salvador and has been at the Facility since June 10, 2005. The other detainee we interviewed,
also a male, prefers to remain nameless for purposes of this report. We will refer to him as “Detainee #2”
since he was the second detainee we interviewed. He is from Haiti and has been at the Facility since
November 2005. Both of the Detainees are classified as Class II/Class III, discussed below. In several
instances, the responses of the Detainees conflicted with those of Facility personnel.
B.

General Information About the Facility

The Facility is an IGSA facility. As of the date of our visit, it housed about 216 male and 30
female detainees. 3 The majority of the detainees come from Central and Latin America and the
Caribbean Islands. 4 The per diem paid to the Facility by ICE per detainee is roughly $89-99. 5
The Facility constitutes the “in-processing” and “out-processing” hub for the other immigration
detention facilities in the area. As a result, all detainees in Massachusetts must pass through the Facility
as incoming detainees, exiting detainees, or on their way to another facility. 6 Detainees may stay from
one week to many months. 7
The Facility is comprised of four floors, with approximately 75 detainees and two housing
officers on each floor. 8 We saw the first three floors of the Facility, but did not see the fourth floor,
which houses the female detainees and pre-sentence inmates who will eventually be housed at the regular
prison. 9 Each of the three floors we saw was identical to the others, except that the first floor also had
administrative offices near the front of the building. 10 Each has a large common room in the center (the
“breakroom”); an enclosed glass-paned medium-sized room to the right (the “breakfast room”), which is
used for seminars and religious services; a small, enclosed glass-paned room to the left that is used as a

3

Based on headcount posted behind the front desk of the first floor at the Facility.
Interview with Agents
and
and Lt.
.
5
Interview with Agents
and
and Lt.
.
b6, b7C
b6, b7C
b6, b7C
6
Interview with Agents
and
and Lt.
.
7
Interview with Agents
and
and Lt.
and interviews with Mr. b6, b7C and Detainee #2.
(Note that Agents b6, b7C and b6, b7C and Lt. b6, b7C stated that a detainee will generally be at the
Facility from one week to a month, but based on the fact that Mr. b6, b7C has been at the Facility since June 2005,
and Detainee #2 has been at the Facility since November 2005, we determined that a detainee’s stay can actually be
much longer.)
8
Interview with Lt.
and Agents
and
.
b6, b7C
b6, b7C
b6, b7C
9
Interview with Lt.
and Agents
and
, and observations of the Delegates.
10
Observations of the Delegates.
4

3

John P. Torres, Acting Director
Office of Detention and Removal
Immigration and Customs Enforcement
March 24, 2006 -- Page 4
library (the “library”); twelve six-man units; and one three-man unit for older or disabled detainees. 11
The length of either side of the breakroom, breakfast room and library are lined with windows, providing
ample natural light. 12
Each of floors 1-3 is categorized as either a “Class I” or a “Classes II and III” floor, depending
upon whether the floor houses Class I, or Classes II and III detainees. 13 Class I detainees are those who
have committed no or relatively minor offenses and who are non-violent. Class I detainees are not
supposed to be integrated with Classes II or III detainees. 14 Class II detainees may be guilty of
intermediate-level crimes, such as drug possession or vehicular theft, and Class III detainees are those
detainees who have committed serious offenses and who are deemed to be the most likely to be violent. 15
Class I detainees are housed on the second floor, and Classes II and III detainees are integrated and
housed on the first and third floors. 16 The detainees have a yard outside that can be used for recreation,
weather permitting. 17 According to the Detainees, outdoor recreation time varies from several hours per
day to none at all, depending on the particular floor officer assigned to the detainees. 18
It is our understanding that the floor officers of the Facility are also the corrections officers at the
prison next door. Therefore, for purposes of this memorandum, we mean “floor officers” to be
synonymous with “corrections officers.”
III.

Implementation of the Legal Access ICE Detention Standards
A.

Visitation
1.

Visitation by Attorneys

The Standards suggest that facilities permit legal visitation seven days a week for a minimum of
eight hours on weekdays and four hours on the weekends. 19 The Standards also indicate that legal
visitations should not be terminated for meals or routine official counts, and that procedures should be in
place to allow the detainee to receive a meal after the interview. 20 In addition, an attorney or legal
representative should be provided with a private room for a meeting with visual, but no audio
observation. 21 In ICE owned and operated service processing centers and contract detention centers,
detainees should not be strip searched after a legal visitation unless there is reasonable suspicion that the
detainee is concealing contraband. 22 In IGSA facilities, if strip searches are required after a contact visit,

11

Interview with Lt. b6, b7C and Agents b6, b7C and b6, b7C , and observations of the Delegates.
Observations of the Delegates.
13
Interview with Lt.
.
14
Interview with Lt.
.
15
Interview with Lt. b6, b7C .
16
Interview with Lt.
.
17
Interview with Lt.
.
18
Interviews with Mr. b6, b7C and Detainee #2.
19
Detention Operation Manual, Detainee Services, Standard 17, Section III.I.2.
20
Detention Operation Manual, Detainee Services, Standard 17, Section III.I.2.
21
Detention Operation Manual, Detainee Services, Standard 17, Section III.I.9.
22
Detention Operation Manual, Detainee Services, Standard 17, Section III.I.11.
12

4

John P. Torres, Acting Director
Office of Detention and Removal
Immigration and Customs Enforcement
March 24, 2006 -- Page 5
there should be an alternative procedure available to allow for a non-contact visit. 23 Detainees in
segregation may not be denied visitation rights. 24
The Detainee Guide and facility staff indicate that important aspects of this Standard are
being met; however, the detainees raised concerns with other aspects. According to Lt. b6, b7C
attorneys may visit detainees seven days per week, “anytime” “within reason.” 25 Interpreters and law
students accompanied by attorneys may visit “anytime” as well. 26 According to the Suffolk County
Sheriff’s Department ICE Detainee Guide (“Detainee Guide”) (attached), “attorneys and/or their
authorized representatives may visit at any time between 8:00 a.m. and 8:30 p.m.” 27
Attorneys and detainees meet in “lawyers rooms,” which are contact rooms with visual, but not
audio, monitoring. 28 Mr. b6, b7C stated that confidentiality is not a problem with attorney visits, as a
private room is given. 29 Regarding strip searches, Lt. b6, b7C stated that he was not sure if detainees are
strip searched following family visits, but that detainees are not strip searched after attorney visits. 30 Both
Detainees we interviewed, however, stated that they are always strip searched after visits, including
attorney visits. 31 According to both Lt. b6, b7C and the Detainees, however, the Facility only offers
contact rooms for visitation. 32
Detainee #2 stated that there are no visitation privileges for detainees in segregation, and that
when his attorney came to visit him while he was in segregation he was not allowed to see him. 33
2.

Visitation by Family and Friends

The Standards state that immediate family members, relatives and associates may visit detainees,
and that no limitation should be imposed on the number of visitors per detainee. 34 The Standards suggest
that written procedures should be in place regarding non-attorney visitation, for matters such as hours of
visitation, handling money, and searches. 35
These provisions of the Standard are being met. According to the Detainee Guide, detainees
are allowed one visit by family and friends per day, limited to one hour. 36 Mr. b6, b7C stated that
visitation time with family and friends is always cut short by Facility personnel, and that detainees are
typically given only a half an hour before a corrections officer enters the room and ends the visit. 37

23

Detention Operation Manual, Detainee Services, Standard 17, Section III.I.2.
Detention Operation Manual, Detainee Services, Standard 17, Section III.H.5 and III.I.12.
25
Interview with Lt. b6, b7C .
26
Interview with Lt.
.
27
Suffolk County Sheriff’s Department ICE Detainee Guide (“Detainee Guide”), p. 9.
28
Interview with Lt. b6, b7C .
29
Interview with Mr. b6, b7C .
30
Interview with Lt. b6, b7C .
31
Interviews with Mr. b6, b7C and Detainee #2.
32
Interviews with Lt. b6, b7C , Mr. b6, b7C and Detainee #2.
33
Based on Detainee #2’s personal experience while in the Administrative Segregation Unit at the Facility.
34
Detention Operation Manual, Detainee Services, Standard 17, Section III.H.
35
Detention Operation Manual, Detainee Services, Standard 17, Section III.A.
36
Detainee Guide, p. 9.
37
Interview with Mr. b6, b7C .
24

5

John P. Torres, Acting Director
Office of Detention and Removal
Immigration and Customs Enforcement
March 24, 2006 -- Page 6
B.

Telephone Access

The Standards require that facilities provide detainees with adequate telephone access during
waking hours. 38 This includes providing one working phone per 25 detainees at all ICE detention
facilities. 39 There are approximately five blue phones on each floor (see section on “Pre-programmed
Phones” below). 40 Given that there are about 75 detainees per floor, 41 the requisite ratio of phones to
detainees is exceeded.
1.

Outgoing Calls

These provisions of the Standard are not fully being met, particularly with respect to lack of
notice of electronic monitoring and limited access to a non-monitored phone. The Standards state
that detainees must have the ability to make free telephone calls to consular offices, legal aid service
providers, local courts and government offices and, in personal emergencies, family members. 42 The
Facility has several blue phones (mentioned above), which are pre-programmed with the phone numbers
of legal aid service providers, consulates, and certain other legal and government offices, enabling free
calls to these offices. 43 Instructions are posted on a cork board about ten feet away from the nearest blue
phone, but they are only in English, even though the majority of detainees speak only Spanish. 44 We did
not test these phones to see if they actually place the calls dialed. 45
The Standards require that detainees should be able to discuss their legal cases over the phone in
a private environment without interruptions or being cut off. 46 The blue phones are bolted to one wall of
the breakroom of every floor, directly opposite the floor officers’ front desk, therefore, the ability to have
a private conversation may be difficult. 47 In addition, according to the Standards, detainee legal calls
should not be electronically monitored without a court order, and if the facility monitors phone calls,
notice of monitoring must be displayed at each monitored phone along with the procedures for requesting
an unmonitored call to a legal representative. 48 According to Lt. b6, b7C , each of the blue phones are
electronically monitored. 49 We did not observe a notice alerting detainees to this fact either by the

38

Detention Operation Manual, Detainee Services, Standard 16, Section I.
Detention Operation Manual, Detainee Services, Standard 16, Section III.C.
40
b6
Observation of delegate
.
41
Interview with Lt. b6, b7C
42
Detention Operation Manual, Detainee Services, Standard 16, Section III.E.
43
Observations of the Delegates.
44
b6
Observation of delegate
.
45
b6
According to a sample test in February 2006 conducted by
of the PAIR Project and b6
b6
of CLINIC, two immigration attorneys who visit the Facility frequently, the pre-programmed phones at the
Facility do not work. Their experience was that once the call is placed to a legal aid service provider, the legal aid
provider hears, “This is a free call,” and then the line goes dead. When testing from the Facility, the person making
b6
the call hears that the call has not been “accepted.” See attached letter from Ms.
addressed to b6, b7C
, the ICE field officer for Boston, regarding telephone access at the Facility.
b6, b7C
Detention Operation Manual, Detainee Services, Standard 16, Section III.E and III.F.
47
b6
Observation of delegate
.
48
Detention Operation Manual, Detainee Services, Standard 16, Section III.K.
49
Interview with Lt. b6, b7C .
39

6

John P. Torres, Acting Director
Office of Detention and Removal
Immigration and Customs Enforcement
March 24, 2006 -- Page 7
phones themselves or on the cork board in the breakroom, and the Detainee Guide is silent on this topic. 50
The Detainees were nonetheless aware of the monitoring. 51
There is one free, non-electronically monitored phone at the Facility for the detainees’ use. 52
This phone is a normal corded landline phone located in one of the administrative offices on the first floor
of the Facility. 53 According to Lt. b6, b7C this telephone is for use by indigent detainees and detainees
who wish to have a private phone conversation with their attorney. 54 Lt. b6, b7C stated that Officer b6, b7C ,
one of the corrections officers at the Facility, unplugs the phone as necessary and brings it to any detainee
who calls for it for one of those two purposes. 55
When we asked how the detainees know when Officer b6, b7C will be coming to their floor with
the phone, Lt. b6, b7C stated that each detainee has access to a button or buzzer that he can press when he
wishes to use the phone, which Officer b6, b7C will hear and accordingly will bring the phone upstairs to
the detainee. 56 When we asked how often Officer b6, b7C brings the phone, Lt. b6, b7C stated that he often
goes “all day long” or “whenever” a detainee needs it. 57 Lt. b6, b7C also stated that the longest a detainee
may have to wait for use of the phone after requesting it is “a few minutes.” 58 However, when we
interviewed the Detainees, each stated that Officer b6, b7C makes a visit with the phone once per month to
each floor during a breaktime, whereupon detainees wishing to use the phone must form a line. Access is
solely on a first-come, first-served basis. 59 The Detainees also stated that Officer b6, b7C departs with the
phone whenever “he feels like it,” sometimes after “twenty minutes,” and that many detainees never get a
chance to use the phone before he leaves and have to wait until the following month. 60
While the Detainees did not have knowledge as to whether the free phone is electronically
monitored, they stated that for calls with family or friends, Officer b6, b7C stands close by and monitors
phone conversations, but for attorney calls, he gives them privacy. 61 According to Lt. b6, b7C , if a
detainee wishes to speak to his attorney, Officer b6, b7C will dial the attorney’s phone number, and then let
the detainee step into a private room, such as the library, where he can have a private conversation with
visual monitoring. 62 Earlier, in a conversation with Lt. b6, b7C about whether telephone calls on the free
phone were monitored, Lt. b6, b7C stated that the free phone is not electronically monitored. 63
2.

Incoming Calls and Messages

50

b6
Observations of delegate
, and Detainee Guide.
Interviews with Mr. b6, b7C and Detainee #2.
52
Interview with Lt. b6, b7C and Agents b6, b7C and b6, b7C .
53
Observations of the Delegates and interview with Lt. b6, b7C .
54
Interview with Lt.
.
55
Interview with Lt.
.
56
Interview with Lt. b6, b7C .
57
Interview with Lt.
.
58
Interview with Lt.
.
59
Interviews with Mr.
and Detainee #2.
60
Interviews with Mr. b6, b7C and Detainee #2.
61
Interviews with Mr.
and Detainee #2.
62
Interview with Lt.
.
b6, b7C
63
Interview with Lt.
.

51

7

John P. Torres, Acting Director
Office of Detention and Removal
Immigration and Customs Enforcement
March 24, 2006 -- Page 8
The Standards state that telephone messages for a detainee should be taken by detention facility
personnel and promptly delivered to the detainee. 64 If the facility receives an emergency telephone call
for a detainee, the Standards suggest that the facility obtain the caller’s name and number and permit the
detainee to return the emergency call as soon as possible. 65
These provisions of the Standards are not fully being met. As a general rule, Facility personnel
will not take messages from incoming calls for detainees, including from attorneys. 66 The only exception
is in the event of a family emergency. 67 Lt. b6, b7C stated that the Facility used to take messages for
detainees, but stopped because detainees and/or their families abused the message policy. 68 Facility
personnel now limit message taking solely to emergencies, and will verify the emergency, such as by
contacting the hospital where the family member is being treated, before relaying it to the detainee. 69
C.

Legal Materials

According to the Standards, all facilities with detainees “shall permit detainees access to a law
library, and provide legal materials, facilities, equipment and document copying privileges, and the
opportunity to prepare legal documents.” 70
Each floor of the Facility has a library, which is a small, windowed room with a door, about ten
feet by seven feet, to the left of the breakroom. 71 Each library has two tables, a few chairs, one computer
containing Lexis-Nexis legal research software, and several reading books. 72 There are no legal texts or
hard copy legal resources. 73
1.

Library Access Hours and Space

In regard to library access and space, the Standards state that detainees should have access to the
library for at least five hours per week, and that the library should provide enough space for legal research
and writing and sufficient tables and chairs. 74 Detainees at the Facility have over five hours of breaktime
each day, 75 during which they may use the library for as long as they like. In addition, because each
library is an enclosed room with a door, detainees can be free of noise and distractions. 76 Even though

64

Detention Operation Manual, Detainee Services, Standard 16, Section III.I.
Detention Operation Manual, Detainee Services, Standard 16, Section III.I.
66
Interviews with Lt. b6, b7C and Agents b6, b7C and b6, b7C
67
Detainee Guide, p. 9.
68
Interview with Lt.
.
b6, b7C
69
Interview with Lt.
.
70
Detention Operation Manual, Detainee Services, Standard 1, Section I.
71
Observations of the Delegates.
72
Observations of the Delegates.
73
Observations of the Delegates; interview with Lt. b6, b7C .
74
Detention Operation Manual, Detainee Services, Standard 1, Section III.G.
75
b6
Based on notes of Detainee #2 dated February 4, 2006 (forwarded under separate cover), and delegate
b6
notes from interviews of Mr. b6, b7C and Detainee #2. The Detainees stated that breaktime means only to
be released from their units into the breakroom; outdoor recreation time is at the discretion of the floor officers, who
may or may not take the detainees of their floor outside on any given day.
76
Observations of the Delegates.
65

8

John P. Torres, Acting Director
Office of Detention and Removal
Immigration and Customs Enforcement
March 24, 2006 -- Page 9
the library is small, based on our interviews with the Detainees and our observation that none of the
detainees on break when we visited were using the library, size and space does not seem to be an issue. 77
2.

Library Legal Updates, Holdings, and Equipment

The Standards state that library materials should be updated and replaced when outdated and that
detainees should be granted access to typewriters and/or computers. 78
This Standard is not fully being met. Facility personnel upload updates to the Lexis-Nexis
software as they receive them, which is about every 60 days. 79 At the time of our visit, the three
computers we inspected (one on each floor) all worked and successfully loaded Lexis-Nexis. 80 The
Standards also state, however, that the library should contain all thirty of the legal materials listed in
Attachment A of Detainee Services, Standard 1, which includes, among other items, a copy of the United
States Constitution, a copy of the United States Code and Regulations on Title 8, Aliens and Nationality,
translation dictionaries, and self-help materials. 81 The library does not contain physical copies of these
materials..82 They may be included in the Lexis-Nexis software, although we did not verify this. The
computers do not have printer access; detainees must take notes of their on-screen legal research. 83 When
we brought the lack of printers to the attention of Lt. b6, b7C he indicated that he would check into
getting hard disks for the detainees so that they could save their documents on disk and give them to
officers for printing. 84 Apparently, there used to be a typewriter at the Facility, but it no longer works. 85
Another issue brought to light was that the computers often crash and need to be repaired, which can take
months. 86 When this happens, the detainees cannot access Lexis-Nexis and therefore cannot obtain the
materials they need. 87
3.

Photocopying

The Standards state that facilities must make copies of detainees’ legal documents as required for
court filings. 88 Facility personnel stated that they are responsive to requests from detainees to photocopy
materials and the Detainees concurred. 89
D.

Group Presentations on Legal Rights

77

Observations of the Delegates.
Detention Operation Manual, Detainee Services, Standard 1, Standard III.F.
79
Interview with Lt. b6, b7C .
80
Observations of the Delegates.
81
Detention Operation Manual, Detainee Services, Standard 1, Attachment A.
82
Observations of
, and interview with Lt. b6, b7C .
b6
83
Interviews with Mr. b6, b7C and Detainee #2 (confirmed by Lt. b6, b7C in follow-up question during the tour).
84
Conversation with Lt. b6, b7C .
85
Interviews with Lt.
, Mr.
and Detainee #2.
b6, b7C
b6, b7C
86
Interviews with Lt.
, Mr.
and Detainee #2.
87
Interview with Lt. b6, b7C .
88
Detention Operation Manual, Detainee Services, Standard 1, Section III.J.
89
Interviews with Lt. b6, b7C and Agent b6, b7C , Mr. b6, b7C and Detainee #2.
78

9

John P. Torres, Acting Director
Office of Detention and Removal
Immigration and Customs Enforcement
March 24, 2006 -- Page 10
The Standards state that attorneys and non-profit organizations have the right to conduct legal
rights presentation in detention facilities, and that at least one hour of uninterrupted rights presentation
should be granted. 90
b6
This Standard is being met.
of the PAIR Project in Boston has been known
to come to the Facility about once or twice a month to hold a legal rights presentation for the detainees on
a particular floor. 91 She uses the breakfast room of a given floor, 92 which is approximately fifteen feet
wide by thirty feet long and glass-paned, providing privacy but enabling visual observation. 93

The Detainees stated that presenters come during breaktime and detainees must form a line to
enter the room. 94 The corrections officers only allow a certain number of detainees to attend the
presentations, on a first come, first served basis. 95 The Detainees stated that they have never seen a
videotape of their legal rights, but rather, the presentations are always oral. 96
IV.

Other Provisions of the ICE Detention Standards
A.

Correspondence

The Standards provide that detention facility personnel “shall open and inspect incoming general
correspondence and other mail (including packages and publications) for contraband in the presence of
the detainee.” 97 Random opening and reading of general mail is permitted if a security concern exists. 98
Incoming special correspondence, which includes all written communication to or from attorneys, legal
representatives, judges, courts, government officials, and the news media, may be inspected for
contraband only in the presence of the detainee, but it can never be read or copied. 99 Outgoing special
correspondence may not be opened, inspected or read. 100 The Standards also require that facilities
provide detainees with writing paper, writing implements and envelopes at no cost. 101 In addition,
facilities must provide indigent detainees with free stamps for mail related to legal matters. 102
The detainees raise concerns with special correspondence, both outgoing and incoming,
being opened and read, in violation of the Standards. At the Facility, meter-stamped envelopes are
provided to indigent detainees for legal correspondence, and ample writing implements and envelopes are
provided to all. 103 In addition, the Facility seems to process incoming and outgoing mail within a
reasonable time. 104
90

Detention Operation Manual, Detainee Services, Standard 9, Section I and Section III.E.
Lt. b6, b7C and Agent b6, b7C stated that Ms.
comes; the Detainees echoed that “someone” comes
b6
and holds presentations, but could not recall the presenter’s name.
92
Interview with Lt. b6, b7C and Agent b6, b7C confirmed in interviews with the Detainees.
93
The Delegates’ observations.
94
Interviews with Mr. b6, b7C and Detainee #2.
95
Interview with Mr. b6, b7C
96
Interviews with Mr. b6, b7C and Detainee #2.
97
Detention Operation Manual, Detainee Services, Standard 3, Section III.E.1.
98
Detention Operation Manual, Detainee Services, Standard 3, Section III.E.1.
99
Detention Operation Manual, Detainee Services, Standard 3, Section III.E.2.
100
Detention Operation Manual, Detainee Services, Standard 3, Section III.F.2.
101
Detention Operation Manual, Detainee Services, Standard 3, Section III.J.
102
Detention Operation Manual, Detainee Services, Standard 3, Section III.I.
103
Interview with Lt. b6, b7C and Agent b6, b7C ; Mr. b6, b7C separately stated that the Facility provides paper and
91

10

John P. Torres, Acting Director
Office of Detention and Removal
Immigration and Customs Enforcement
March 24, 2006 -- Page 11

In regard to opening and reading mail, the Facility’s Detainee Guide states that all incoming mail
is opened and searched for contraband, unless the mail is marked “Attorney Client Confidential” or
“Privileged Correspondence,” is from the courts, or constitutes other privileged correspondence. 105 If
privileged, then the mail will be opened in the detainee’s presence. 106 The Detainees stated that it has
been their experience that all incoming and outgoing mail is opened and read, including legal
correspondence. 107
B.

Access to Medical and Dental Care

The Standards require that all detainees have access to medical services that promote detainee
health and general well-being. 108 At the Facility, if a detainee claims to have physical ailments, he will be
referred to a physician for the next day. 109 If the medical unit is not equipped to treat the detainee, an
authorization form will be faxed within one business day to ICE Headquarters for a specialist. 110
Referrals for specialists, including dental, during a detainee’s stay at the Facility operate in the same
manner. 111 In addition, the Standards state that, at a minimum, facilities with more than 200 detainees
should have medical personnel available five days per week, and that it should take no longer than 72
hours for a detainee to see a health care specialist upon request. 112
While facility staff indicated that medical staff are available, detainees raised concerns
about medical care. Lt. b6, b7C stated that medical staff is in the medical unit 24 hours per day, 7 days
per week, and that dental staff are available three times per week. 113 In addition, Lt. b6, b7C stated that
psychologists and/or psychiatrists are accessible and available to the detainees. 114 However, the
Detainees stated that it had been their experiences that medical, dental, and mental health professionals
are not available, unless the detainee is in dire pain. 115 Even then, it is not quite clear from the Detainees’
responses how accessible health care is to detainees, given Detainee #2’s account in his letter (attached)
of a “Mr. b6, b7C ” housed with him who allegedly died from lack of medical care. 116 According to the
account of Detainee #2, Mr. b6, b7C was coughing blood when he arrived, and detainees notified facility
staff of his illness, but staff was “not willing to listen.”

writing implements for the detainees.
104
Based on delegate
experiences in mailing correspondence to detainees at the Facility through
b6
this project, and interview with Lt. b6, b7C .
105
Detainee Guide, p. 9.
106
Detainee Guide, p. 9.
107
Interviews with Mr. b6, b7C and Detainee #2.
108
Detention Operation Manual, Health Services, Standard 2, Section I.
109
Interview with Lt. b6, b7C .
110
Interview with Agents
and
.
b6, b7C
b6, b7C
111
Interview with Agents
and
.
112
Detention Operation Manual, Health Services, Standard 2, Section III.F.
113
Interview with Lt.
; see also Detainee Guide, p. 10.
b6, b7C
114
Interview with Lt.
.
115
Interviews with Mr. b6, b7C and Detainee #2.
116
See letter dated February 4, 2006, signed by Detainee #2 and five other detainees.

11

John P. Torres, Acting Director
Office of Detention and Removal
Immigration and Customs Enforcement
March 24, 2006 -- Page 12
In regard to medication, the Detainee Guide states that medication is distributed via a “medication
line” in each housing unit every morning and evening. 117 Mr. b6, b7C confirmed this, stating that a nurse
comes to each floor twice a day to distribute medication. 118
The Detainee Guide states that if a detainee wishes to be seen at “sick call,” he must fill out a sick
call request slip with the reason and submit it to the nurse during the evening medication line. 119 When
we asked Mr. b6, b7C about medical care, he stated that it has been his experience that if he writes out a
medical slip for a headache, for example, he never hears back, and that the malady must be “very
serious.” 120 He added that, “If you complain, they tell you, ‘Go back to your units.’” 121 Detainee #2
separately expressed problems with access to medical care and that some detainees are very sick in the
Facility and are ignored. 122
C.

Hunger Strikes

The Standards state that detention facilities should have specific procedures in place to have
qualified medical staff available for detainees on hunger strike and to monitor the hunger striker. 123 At
the Facility, if personnel become aware of a hunger striker, they are supposed to make a note of it and
forward it with the detainee’s information to the medical unit, which then is supposed to monitor the
detainee in conjunction with ICE. 124 In regard to social workers, psychologists, or psychiatrists at the
Facility, Detainee #2 stated that he is not aware of any of these professionals being at the Facility and said
that because there is no social worker for a hunger striker to speak to, if someone does claim to be on a
hunger strike, the corrections officers threaten them with going to “the hole” (i.e., the “Administrative
Segregation Unit,” described below) unless they eat. 125
D.

Detainee Classification

The Standards require that detention facilities use a classification system and physically separate
detainees into different categories. 126 A detainee’s classification is to be determined on “objective”
criteria, including criminal offenses, escape attempts, institutional disciplinary history and violent
incidents. 127 Detainees with no or minimal criminal records should be separated from those with serious
criminal records. 128 Detainees with a history of assaultive or combative behavior are not to be housed
with non-assaultive detainees. 129

117

Detainee Guide, p. 10.
Interview with Mr. b6, b7C .
119
Detainee Guide, p. 10.
120
Interview with Mr.
.
b6, b7C
121
Interview with Mr.
.
122
Interview with Detainee #2 and letter by Detainee #2 dated February 4, 2006.
123
Detention Operation Manual, Health Services, Standard 1, Sections III.A and III.B.
124
Interview with Lt. b6, b7C and Agents b6, b7C and b6, b7C
125
Interview with Detainee #2.
126
Detention Operation Manual, Detainee Services, Standard 4, Section 1.
127
Detention Operation Manual, Detainee Services, Standard 4, Section III.D.
128
Detention Operation Manual, Detainee Services, Standard 4, Section III.A and III.E.
129
Detention Operation Manual, Detainee Services, Standard 4, Section III.F.
118

12

John P. Torres, Acting Director
Office of Detention and Removal
Immigration and Customs Enforcement
March 24, 2006 -- Page 13
This Standard is not being met. As described at the beginning of this memorandum, the Facility
uses three classifications for detainees: Class I, Class II and Class III. 130 Class I includes non-criminal
and non-violent detainees, or detainees who have committed minor offenses. 131 Class II comprises of
those guilty of intermediate-level criminal offenses, such as drug-related crimes or automobile theft. 132
Class III comprises the more serious criminal offenders and/or violent/dangerous detainees. 133 Class I is
segregated from Classes II and III, and Classes II and III are commingled and housed together, such that,
for instance, potentially non-assaultive drug offenders (Class II) are commingled with murderers (Class
III), in violation of the Standards. 134
E.

Disciplinary Policy

The Standards require that rules of conduct and discipline be posted in English, Spanish, and/or
other languages spoken by significant numbers of detainees. 135 Disciplinary action may not be capricious
or retaliatory. 136 Further, a detention facility should not allow corporal punishment, deviation from
normal food or deprivation of clothing, bedding, personal hygiene products, physical exercise, access to
legal and family visitation, telephone access, correspondence or access to law libraries. 137 Punishment
may range from loss of certain privileges to segregation for up to, but no more than, 60 days. 138 Incident
reports must be taken and investigated within 24 hours of the incident. 139 Detainees have the right to a
copy of the incident report, to have an initial hearing before the Unit Disciplinary Committee (“UDC”), to
remain silent at any stage of the disciplinary process, to attend the entire UDC hearing, to waive the right
to appear at the hearing, to present statements on his/her own behalf, to appeal the UDC’s decision
through an appeal process, and to have a staff representative assist in preparing a defense. 140
The Facility has disciplinary procedures, 141 but it is not clear whether they are being
carried out and/or fairly applied. The Detainee Guide states that there is a disciplinary board,
comprised of an impartial hearing officer, an impartial corrections officer, and a non-uniformed staff
member. 142 The Detainee Guide details the potential penalties that can occur pursuant to a guilty finding,
including room restrictions, extra work details, and disciplinary confinement. 143 In addition, there is an
appeals process by which detainees can appeal the decision of the disciplinary board to the
Superintendent of the Facility within seven days following the disciplinary board’s written decision. 144
However, in our interview of Detainee #2, he stated that his hearing pursuant to an incident described

130

Interview with Lt.
Interview with Lt.
b6, b7C
132
Interview with Lt.
133
Interview with Lt.
134
Interviews with Lt. b6, b7C Agent b6, b7C , Mr. b6, b7C and Detainee #2.
135
Detention Operation Manual, Security and Control, Standard 5, Section III.A.5.
136
Detention Operation Manual, Security and Control, Standard 5, Section III.A.2.
137
Detention Operation Manual, Security and Control, Standard 5, Section III.A.3.
138
Detention Operation Manual, Security and Control, Standard 14, Section III.A.
139
Detention Operation Manual, Security and Control, Standard 5, Section III.B.
140
Detention Operation Manual, Security and Control, Standard 5, Section III.B-E.
141
Detainee Guide, p. 4.
142
Detainee Guide, p. 4.
143
Detainee Guide, p. 5.
144
Detainee Guide, p. 6.
131

13

John P. Torres, Acting Director
Office of Detention and Removal
Immigration and Customs Enforcement
March 24, 2006 -- Page 14
below was an unfair process, and that the disciplinary board sided with the corrections officers,
notwithstanding the exculpatory evidence he brought before them. 145
F.

Grievance and Disciplinary Procedures

The Standards state that each detention facility must develop standard operating procedures that
address detainee grievances including emergency grievances and must guarantee against any reprisals. 146
Detainees must be allowed to submit a formal, written grievance. 147 Assistance in filing a formal
grievance must be given to illiterate, disabled, or non-English speaking detainees. 148 An informal
procedure should also be in place for a detainee to present orally his or her concern to any staff member
within five days of the event. 149 In addition, all grievances must receive supervisory review, including
guarantees against reprisal, and allow for appeals. 150
The delegation has serious concerns regarding detainees’ fear of retaliation, and the
Detainee Guide and facility staff’s discouragement of the use of formal, written grievances. While
the Facility has a formal and informal grievance policy, the Facility discourages detainees from utilizing
the formal policy’s procedures by mandating that any grievances must first be brought “informally” to an
officer. 151 Lt. b6, b7C stated that personnel prefer not to use forms and try to “address” grievances before
they are documented, and the Detainee Guide states that “all inmates must attempt to resolve issues
informally before filing a written grievance.” 152 Mr. b6, b7C and Detainee #2 indicated that the
corrections officers “address” their grievances by threatening them with going to “the hole,” and other
forms of punishment. 153
Under the formal grievance policy (summarized in the Detainee Guide), a detainee must file a
written complaint concerning an incident, a condition of confinement, or the application of any
department policy or procedure, for which redress is sought. 154 The detainee may also bring a serious
issue to the attention of the Superintendent of the Facility or the Suffolk County Sheriff. 155 When we
spoke to Lt. b6, b7C about the formal grievance policy and asked him if there was a form, he said there
was and that he would get one for us later. At the end of our tour, when we followed-up with him about
obtaining a copy of the form, he stated that actually, Facility personnel try to “address” grievances before
they are formalized. 156 We never received a copy of the form.
145

Interview with Detainee #2; see also his February 4, 2006 letter in which he transcribed a copy of the
Disciplinary Report.
146
Detention Operations Manual, Detention Services, Standard 5, Section I.
147
Detention Operations Manual, Detention Services, Standard 5, Section III.A.2.
148

Detention Operations Manual, Detention Services, Standard 5, Section III.A.2.
Detention Operations Manual, Detention Services, Standard 5, Section III.A.1.
150
Detention Operations Manual, Detention Services, Standard 5, Sections I. and III.C.
151
Interview with Lt. b6, b7C , and Detainee Guide, p. 11.
149

152

153

Interview with Lt. b6, b7C and Detainee Guide, p. 11.
Interviews with Mr. b6, b7C and Detainee #2.

154

Detainee Guide, p. 11.
Detainee Guide, p. 11.
156
Interview with Lt. b6, b7C and conversations with him during and following the tour.
155

14

John P. Torres, Acting Director
Office of Detention and Removal
Immigration and Customs Enforcement
March 24, 2006 -- Page 15

Separately, each of the Detainees stated that while there are forms, the Detainees feel that they
never get read because nothing ever comes of written complaints except for retaliation. 157 When we
asked what they meant by retaliation, Mr. b6, b7C stated that “they lock you up for anything – in the hole,”
or “step on your food,” “steal from your canteen,” “write you up.” 158 When we asked how long a
detainee could be placed in “the hole,” Mr. b6, b7C stated that it could be anywhere from a few to thirty
days. 159
When we asked Detainee #2 about his experience with the grievance policy, he gave us a detailed
account of a situation for which he alleges he was wrongfully blamed. 160 He told us that in early
February 2006, during dinnertime, a fellow detainee sought to bring his leftover dinner back to his unit, to
reheat for later. According to Detainee #2, the officers working that shift insisted that the detainee throw
the food away. Detainee #2 said he and a third detainee then shouted to the officer that that would
constitute “wasting food” and that they wanted to see the captain. Detainee #2 told us that while they
were all walking back to their units, a fourth detainee shouted to one of the officers, “You prick!” At that
point, according to Detainee #2, all of the detainees were told to step into their units, and because
Detainee #2 had previously made the comment about wasting food, the officers believed him to be the
person who shouted at them. Detainee #2 told us that several officers then entered his cell, pushed him
around, threw all of his canteen food on the floor and stomped on it, and then, following what he
described as an unfair disciplinary hearing, locked him in “the hole” for four days. He said he felt he was
treated “like an animal” and that the corrections officers frequently push around detainees, steal canteen
items, or throw their food on the floor and step on it. When we asked about his hearing, he said that he
felt it was unfair because it was his word against the corrections officers’, and in the end, the hearing
officers have a tendency to side with the corrections officers. 161
Retaliation by Facility personnel is a common fear of the detainees. Prior to our tour, with the
b6
help of
of the PAIR Project, we distributed about 40-50 letters with waivers to
specific detainees at the Facility, explaining that we would be touring the Facility in the near future and
inquiring as to whether they may be interested in speaking to us about their experiences at the Facility for
purposes of this report. 162 Only one waiver was returned to us. 163 We called numerous immigration
attorneys and agencies in the Boston area and asked if they had any clients at the Facility who would
speak to us when we toured the Facility, and while the attorneys and agencies were all receptive to
helping us, when they checked with their clients, all but one refused. 164 The attorneys told us it was
because their clients were afraid of retaliation. Neither of those two identified detainees was still at the
157

Interviews with Mr. b6, b7C and Detainee #2.
Interview with Mr.
.
b6, b7C
159
Interview with Mr.
.
160
While we were interviewing Mr. b6, b7C , Detainee #2 was escorted back to his unit by the officers, as breaktime
had just ended. While in his unit, Detainee #2 retrieved an eight-page letter (attached), dated February 4, 2006,
signed by six detainees, detailing the incident he then proceeded to describe for us.
161
Interview with Detainee #2; see also his attached letter dated February 4, 2006, where he hand-copied the
Disciplinary Report documenting the incident described above.
162
Ms.
of the PAIR Project distributed about 20 letters and waivers to detainees at the Facility on our
b6
behalf, and we mailed about 27.
163
By the time we toured the Facility, this detainee had been deported.
164
The one detainee from whom we obtained a signed waiver via his attorney was also deported by the time we
toured the Facility.
158

15

John P. Torres, Acting Director
Office of Detention and Removal
Immigration and Customs Enforcement
March 24, 2006 -- Page 16
facility on the date of our tour, so Agent b6, b7C chose two English-speaking detainees from a group of
detainees on break while we were in the middle of our tour. He chose them by asking detainees, first as a
group, and then individually, whether they spoke English. When detainees responded that they did, he
asked if they would be willing to speak with us. The two chosen Detainees whom we interviewed both
became emotional and agitated during their interviews, and Detainee #2 trembled so badly throughout the
interview that he had to hold his hands together to try to control his shaking, 165 for which he apologized
and told us it was because he was “really nervous.” 166 When asked why he was nervous, Detainee #2 said
he was afraid of getting into trouble or being sent to “the hole” for speaking with us. 167
G.

Special Management Unit

According to the Standards, each facility must have a Special Management Unit (SMU) that can
isolate certain detainees from the general population. 168 Each SMU is required to have two sections: (1)
administrative segregation, and (2) disciplinary segregation. 169 Administrative segregation is defined as a
non-punitive form of segregation that isolates a detainee from others when the detainee’s continued
presence in the general population would pose a threat to himself, staff, or others. 170 Detainees in
administrative segregation should have the same general privileges as the detainees in the general
population, including legal and family visitation, telephone, access to legal rights presentations, and
library usage and recreation. 171 Disciplinary segregation is only for detainees whose behavior does not
comply with the rules and regulations of the facility. 172 A detainee in disciplinary segregation should
nonetheless have access to recreation, personal hygiene material (including access to shave and shower at
least three times per week), a law library, legal rights presentations, telephones, correspondence, and legal
and family visitation. 173 All facilities should implement procedures for reviewing disciplinary
segregation orders. 174
This Standard is not fully being met. The Facility utilizes two types of segregation from the
general population: (1) administrative segregation and (2) protective custody. 175 The Facility uses
“administrative” segregation, commonly referred to as “the hole,” for disciplining detainees. The
Protective Custody Unit is used when the detainee’s safety is at risk. 176 During our interviews, we
focused on the “administrative” segregation component. When we asked Lt. b6, b7C and Agent b6, b7C
what rights detainees in administrative segregation have, they answered that they have the “same” rights
as detainees in the general population. 177 We took this to mean visitation, recreation and legal rights.

165

Observations by the Delegates of the Detainees during our interviews with them.
Interview with Detainee #2.
167
Interview with Detainee #2.
166

168

Detention Operation Manual, Security and Control, Standard 13, Section I.
Detention Operation Manual, Security and Control, Standard 13, Section I.
170
Detention Operation Manual, Security and Control, Standard 13, Section III.A.
171
Detention Operation Manual, Security and Control, Standard 13, Section III.D.1.
172
Detention Operation Manual, Security and Control, Standard 14, Section III.A.
173
Detention Operation Manual, Security and Control, Standard 14, Section III.D.
174
Detention Operation Manual, Security and Control, Standard 13, Section III.C.
175
Detainee Guide, p. 12.
176
Detainee Guide, p. 12.
177
Interviews with Lt. b6, b7C and Agent b6, b7C .
169

16

John P. Torres, Acting Director
Office of Detention and Removal
Immigration and Customs Enforcement
March 24, 2006 -- Page 17
However, Detainee #2 told us that at one point while he was there, his attorney came to see him, but that
Facility personnel denied visitation rights. 178
Detainee #2 described the hole as a “cold” and “nasty” place, and said that even the showers are
cold. 179 Both of the Detainees seemed to be under the impression that a detainee could be sent to the hole
for just about anything. 180 We asked about procedures for going to the hole, and they stated that while it
is true that paperwork must be completed documenting the reasons for confinement, the officers can write
“anything” to justify sending someone there. 181
H.

Staff-Detainee Communication

The Standards state that a detention facility must implement procedures for formal and informal
contact between detainees and ICE staff, including procedures to permit detainees to make written
requests to ICE staff and to receive a response within an acceptable timeframe. 182 In addition, detention
facilities should provide each detainee with a detainee handbook, which must state that detainees may
submit written questions, requests or concerns to ICE staff and indicate the procedures for doing so,
including the availability of assistance in preparing the request. 183
This Standard is being met. The Facility provides detainees with the Detainee Guide, which
includes the requisite disclosure specified by the Standards. 184 According to the Detainee Guide,
detainees may communicate with ICE staff via a Request and Reply form, which they may obtain from
their unit officer. 185 In addition, ICE agents appear to have a strong presence at the Facility, thereby
facilitating any informal communications between detainees and ICE staff. 186 ICE agents occupy a
satellite office from the downtown Boston location that is adjacent to the Facility and seem to spend a
great deal of time during the week at the Facility.187
I.

Religious Practices

The Standards require that at IGSA facilities, attempts to participate in religious services be
encouraged. 188 Detainees have the right to engage in group religious activities, and each facility should
designate a space for religious services without regard to whether such services are mainstream or nonmainstream. 189 Schedules for religious services should be clearly posted on bulletin boards. 190 In
addition, religious books and literature should be permitted in accordance with the facility’s policies on
incoming publications. 191
178

Interview with Detainee #2.
Interview with Detainee #2.
180
Interviews with Mr.
and Detainee #2.
b6, b7C
181
Interviews with Mr.
and Detainee #2.
182
Detention Operation Manual, Detainee Services, Standard 15, Section I.
183
Detention Operation Manual, Detainee Services, Standard 15, Section III.B.3.
184
Interviews with Lt. b6, b7C and the Detainees.
185
Detainee Guide, p.12.
186
b6
Observations of delegate
187
Interview with Agent b6, b7C .
188
Detention Operation Manual, Detainee Services, Standard 14, Section III.B.3.
189
Detention Operation Manual, Detainee Services, Standard 15, Section I. and III.E.
190
Detention Operation Manual, Detainee Services, Standard 15, Section III.E.
191
Detention Operation Manual, Detainee Services, Standard 15, Sections I. and II.
179

17

John P. Torres, Acting Director
Office of Detention and Removal
Immigration and Customs Enforcement
March 24, 2006 -- Page 18

This Standard is being met. The Facility permits the assembly of detainees for religious
purposes. For instance, every Sunday, the detainees hold Catholic services with a member of the clergy
in the breakfast room. 192 We are not aware of other religious services taking place, but it is our
understanding that Facility personnel would be willing to permit the practice of other religions, besides
Catholicism, if the detainees expressed an interest. 193 During our tour, we noticed a Bible in one of the
library rooms. 194 In addition, we observed a posting (only in English) for religious services on the
bulletin board in the breakroom on one of the floors. 195

K.

Detainee Transfers

The Standards require that when transferring detainees, ICE take into consideration whether the
detainee is represented before the immigration court, and the location of the attorney and the court. 196 In
addition, the Standards require ICE to notify a detainee’s legal representative of record that the detainee
is being transferred. 197 Indigent detainees must be permitted to make a single domestic telephone call at
government expense upon arrival at their final destination; non-indigent detainees must be permitted to
make telephone calls, but at their own expense. 198 Records including the detainee’s Alien File and health
records must accompany the detainee. 199 A detainee’s legal materials, cash, and small valuables must
always accompany the detainee to the receiving facility, but larger items may be shipped. 200
It is unclear whether this Standard is being met. According to Lt. b6, b7C bed space is always
an issue at the Facility and is one reason for having to transfer a detainee from one detention facility to
another. 201 Other reasons may include if the detainee has a particular issue with the Facility, such that his
continued stay presents a threat to himself or others. 202 Lt. b6, b7C and Agent b6, b7C stated that it is up
to the detainee being transferred to make the phone calls necessary to let people know where he is going,
and that Facility personnel will not. 203 We are not clear if ICE, however, will make the requisite phone
calls to the detainee’s attorney regarding the transfer. 204
L.

Human Rights Issues

The delegation has concerns with sanitary conditions at the facility. The Standards provide
for basic human rights, including the right to safe and sanitary facilities and the right to be free from
192

Interview with Lt.
; reaffirmed in interviews with Mr. b6, b7C and Detainee #2.
b6, b7C
Interview with Lt.
.
194
Observations of the Delegates.
195
b6
Observations of delegate
196
Detention Operation Manual, Detainee Security and Control, Standard 4, Section I.
197
Detention Operation Manual, Detainee Security and Control, Standard 4, Section III.A.
198
Detention Operation Manual, Detainee Security and Control, Standard 4, Section III.G.
199
Detention Operation Manual, Detainee Security and Control, Standard 4, Section III.D.1 and III.D.6.
200
Detention Operation Manual, Detainee Security and Control, Standard 4, Section III.E.
201
Interview with Lt.
.
202
Interview with Lt. b6, b7C .
203
Interview with Lt.
and Agent b6, b7C
204
Although Agent b6, b7C was present throughout the interview with Lt. b6, b7C and was in the presence of Lt.
b6, b7C answering questions about transfers, he did not say anything about ICE’s role in the transfer process.
193

18

John P. Torres, Acting Director
Office of Detention and Removal
Immigration and Customs Enforcement
March 24, 2006 -- Page 19
abuse. 205 Both of the Detainees stated that restroom use was a major problem at the Facility. 206 Both
indicated that it is a problem first thing in the morning because one has to choose between eating
breakfast and using the restroom, since the floor officers will not hold meals for detainees using the
restroom facilities, and breakfast only runs from 7:30 a.m. to 8:00 a.m. before the detainees are in
lockdown again. 207 The Detainees stated that while there is a buzzer or button in their unit for them to
notify corrections officers on their floor if they need something, the officers often do not respond to their
requests for hours, so using the restroom during the day while in lockdown is a problem as well. 208 Both
Detainees described being treated like “animals” in the way they often have to use plastic bags in their
units to relieve themselves. 209 In addition, the Standards state that “[o]fficers shall use as little force as
necessary to gain control of the detainee.” 210 The Detainees described for us incidents of being pushed
and shoved without cause by corrections officers and incidents of corrections officers stepping on their
food and stealing canteen items. 211
V.

Conclusion

The Facility has many policies and procedures in place that reflect the objectives and
requirements of the Standards. Most notable are the many pre-programmed phones the Facility provides
for calls to legal aid service providers, the Lexis-Nexis software on computers for legal research, and
generous photocopying privileges. Based on our tour, interviews and observations, however, there are
several issues that ICE and the Facility should assess and ameliorate, including the following:
•
•
•

•
•

•
•
•

The rights of detainees in the Administrative Segregation Unit to attorney visitation.
The adequacy of telephone access in light of the alleged difficulty accessing the non
electronically-monitored phone.
The adequacy of telephone instructions for the pre-programmed telephones, notices of telephone
monitoring, and other postings, including those (if any) next to the telephones, and whether such
postings should also be in Spanish, in light of the fact that most detainees at the Facility are from
Spanish-speaking countries.
Providing the option of using a non-contact room for detainee meetings with attorneys or their
representatives.
The adequacy of legal materials, and ability to print copies of the materials. The Facility should
obtain the hard copy materials listed in Attachment A of the Standards, Detainee Services
Standard 1, and should ensure that computers are fixed promptly to enable detainees to have
meaningful access to them.
The responsiveness to requests for health care.
The opening and reading of mail, even special correspondence, whether incoming or outgoing.
The accessibility of and time allotted for restroom use.

205

See, e.g., Detention Operation Manual, Detainee Services, Standard 10, Section I; Health Services, Standard 2,
Section I; Security and Control, Standard 13, Sections I & III; Security and Control, Standard 17, Sections I & III.
206
Interviews with Mr.
and Detainee #2.
207
Interviews with Mr. b6, b7C and Detainee #2.
208
Interviews with Mr.
and Detainee #2; Lt. b6, b7C had also mentioned a button/buzzer in each housing unit
for the detainees to use to call to the corrections officers on their floor.
209
Interviews with Mr. b6, b7C and Detainee #2.
210
Detention Operation Manual, Security and Control, Standard 17, Section I.
211
Interviews with Mr. b6, b7C and Detainee #2 (see supra p. 14); see also Detainee #2’s February 4, 2006 letter.

19

John P. Torres, Acting Director
Office of Detention and Removal
Immigration and Customs Enforcement
March 24, 2006 -- Page 20
•

The detainee grievance and disciplinary policy, given that the informal policies appear to be
superseding and replacing formal written policies, and in light of allegations of retaliation for
filing grievances.

20

and

b6

b6

b6

b6

b6

b6

Facility Name: Suffolk County House of Corrections, Boston, Massachusetts
Date of Tour: February 24, 2006
Tour Participants: Dechert LLP attorneys
and
(with
for research and preparation)
*Standards are Detainee Services Standards unless otherwise indicated. Issues are listed in the order in which they appear in the Report.
b6

Standard 17, Visitation
 III.I.11. If standard operating procedures require strip
searches after every contact visit with a legal
representative, the facility must provide an option for noncontact visits with legal representatives in an environment
that allows confidentiality.
Standard 16, Telephone Access
III.F. The facility shall not restrict the number of calls a
detainee places to his/her legal representative, nor limit the
duration of such calls by rule or automatic cut-off, unless
necessary for security purposes or to maintain orderly and fair
access to telephones. If time limits are necessary for such calls,
they shall be no shorter than 20 minutes, and the detainee shall
be allowed to continue the call if desired, at the first available
opportunity. The facility may place reasonable restrictions on
the hours, frequency and duration of the other direct and/or
free calls listed above [i.e., “other” than calls to detainee’s
legal representatives].
Standard 16, Telephone Access
 III.E. The facility shall not require indigent detainees to
pay for [legal, court-related, consular, emergency calls] if
they are local calls, nor for non-local calls if there is a
compelling need. The facility shall enable all detainees to
make calls to the INS-provided list of free legal service
providers and consulates at no charge to the detainee or
the receiving party.
Standard 16, Telephone Access
 III.I. The facility shall take and deliver telephone
messages to detainees as promptly as possible. When
facility staff receives an emergency telephone call for a
detainee, the caller’s name and telephone number will be
obtained and given to the detainee as soon as possible.



Facility staff indicated that detainees are not
strip searched after attorney visits, but
detainees reported that they are strip searched
after attorney visits (p.4 ¶2). Contact visits
with legal representatives are the only option.

Lt.
Detainees
and #2.



There is one free, non-electronically
monitored phone at the Facility (p.6 ¶2).
Facility staff stated that it is available as
needed, but detainees reported that it is only
available once per month, on a first come,
first served basis, so many detainees are
unable to use it, and that staff may take the
phone away after as short a time as 20
minutes (p.6 ¶3).

Lt.
Detainees
and #2.



The blue telephones are apparently preprogrammed with the phone numbers of legal
service providers and consulates (p.5 ¶2), but
there are allegedly problems with the preprogramming (p.5 fn.51).

Delegation
observations;
letter of legal
service providers.



Facility personnel generally will not take
messages, except in the event of a family
emergency (p.7 ¶2).

Lt.
Agents
and
Detainee Guide.

b6, b7C
b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C b6, b7C

4.

ICE Response
b6, b7C

3.

Source

b6, b7C

2.

Delegation Observation

b6, b7C

1.

ICE Standard*

2/19/2009

1

.

b6, b7C

Lt.
and
delegation
observations.
Detainees
and #2.

Detainees stated that outgoing legal
(“special”) mail is opened and read (p.10 ¶2).



Detainees stated that medical, dental, and
mental health professionals are not available
unless a detainee is in dire pain; otherwise,
complaints are ignored (p.10 ¶4, p.11 ¶2).
One detainee also stated that staff were not
willing to listen to concerns of detainees
regarding a detainee named Mr.
who
subsequently died in detention (p.10 ¶4).

Detainees
and #2.

The facility houses Class II detainees
(convicted of nonviolent crimes) with Class
III detainees (a category that includes
detainees who are violent or dangerous) (p.12
¶1).

Lt.

b6, b7C





b6, b7C



Lt.
and
Detainees
and #2.
Lt.
.
b6, b7Cb6, b7C



Delegation
observations, Lt.
b6, b7C



Lt.
Detainees
and #2.

b6, b7C



There is one free, non-electronically
monitored phone at the Facility (p.6 ¶2).
Facility staff stated that it is available as
needed, but detainees reported that it is only
available once per month, on a first come,
first served basis, so many detainees are
unable to use it (p.6 ¶3).
The regular telephones (blue phones) are in a
public area without privacy, and are
electronically monitored (p.5 ¶3).
The library computers do not have printers,
and there is no typewriter (p.8 ¶3).
Lt.
e indicated he would check into
getting hard disks for detainees, so they could
have documents printed (p.8 ¶3).
The library does not contain physical copies
of the materials on Attachment A (p.8 ¶3).
b6, b7C

Detainee #2.

b6, b7C



ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C

Standard 1, Access to Legal Material
 III.B. Equipment. The law library shall provide an
adequate number of typewriters and/or computers, writing
implements, paper and office supplies to enable detainees
to prepare documents for legal proceedings.
7. Standard 1, Access to Legal Material
 III.C. The law library shall contain the materials listed in
Attachment A.
8. Standard 3, Correspondence and Other Mail
 III.F. Inspection of Outgoing Correspondence and Other
Mail. Outgoing special correspondence will not be
opened, inspected, or read.
9. 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 emergency care.
 III.E. Dental Treatment. An initial dental screening exam
should be performed within 14 days of the detainee’s
arrival.
10. Standard 4, Detainee Classification System
 III.E.2. Level 2 Classification. … May not include any
detainee with a pattern or history of violent assaults,
whether convicted or not.
 III.F. The classification system shall assign detainees to
the least restrictive housing unit consistent with facility
safety and security.



b6, b7C

6.

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. Facility staff shall not electronically monitor
detainee telephone calls on their legal matters, absent a
court order.

b6, b7C

5.

2/19/2009

2





Detainees described incidents of being pushed
and shoved without cause by corrections
officers, and incidents of corrections officers
stepping on their food and stealing canteen
items (p.14 ¶¶1+2, p.18 ¶2).

ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainees
and #2

Detainees
and #2.

b6, b7C



Delegation
observations;
Detainees
and #2.

b6, b7C



Detainees
and #2.

b6, b7C

b6, b7C

13. Security and Control Standard 5, Disciplinary Policy
 III.A.2. Disciplinary action may not be capricious or
retaliatory.
Security and Control Standards 13, Special Management Unit
(Administrative Segregation)
 III.A. Administrative segregation is a non-punitive form
of separation from the general population used when the
continued presence of the detainee in the general
population would post a threat to self, staff, other
detainees, property, or the security or orderly operation of
the facility.
14. Security and Control Standard 5, Disciplinary Policy
Security and Control Standards 17, Use of Force
 I. The use of force is authorized only after all reasonable
efforts to resolve a situation have failed. Officers shall use
as little force as necessary to gain control of the detainee;
to protect and ensure the safety of detainees, staff, and
others; to prevent serious property damage; and to ensure
the security and orderly operation of the facility.

Lt.
e and
Detainee Guide.
b6, b7C



The Facility has formal grievance procedures,
but effectively discourages detainees from
using them, mandating that detainees first
bring informal grievances. (p.13 ¶3).
Detainees stated nothing comes of written
complaints except for retaliation, including
being locked up in “the hole,” having food
stepped on or taken, and being “written up”
(p.14 ¶¶1+2).
According to local attorneys, several detainees
did not agree to meet with the ABA
delegation because they feared retaliation. The
detainees who were selected by Agent
to meet with the delegation became
agitated during their interviews; Detainee #2
trembled and explained he was nervous about
getting in trouble or being sent to “the hole”
for speaking with the delegation (p.14 ¶3).
Detainees believe a detainee can be sent to
administrative segregation for almost any
reason (p.14 ¶1, p.16 ¶2).

b6, b7C

11. Standard 5, Detainee Grievance Procedures
 III.A.2. Formal/Written Grievance. The OIC must allow
the detainee to submit a formal, written grievance to the
facility’s grievance committee.
12. Standard 5, Detainee Grievance Procedures
 III.D. Retaliation. Staff will not harass, discipline, punish,
or otherwise retaliate against a detainee lodging a
complaint.

2/19/2009

3



Detainee described administrative segregation
as a “cold” and “nasty” place, and said
showers are cold (p.16 ¶2).

Detainee #2.



Detainee said that his attorney came to see
him once while he was in administrative
segregation, but Facility staff denied visitation
(p.16 ¶1).

Detainee #2.



Detainees stated that using the restroom at
night or during daytime lockdown was a
major problem at the facility. Requests to use
the restroom at these times are sometimes not
responded to for hours, so detainees must use
plastic bags to relieve themselves. The
detainees described this as being treated like
“animals” (p.18 ¶2).

Detainees
and #2.

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C

15. Security and Control Standards 13, Special Management Unit
(Administrative Segregation)
 III.D. Conditions of Administrative Segregation. …The
quarters used for segregation shall be well ventilated,
adequately lit, appropriately heated and maintained in a
sanitary condition at all times.
16. Security and Control Standards 13, Special Management Unit
(Administrative Segregation)
 III.D.13. The facility shall follow the “Visitation”
standard in setting visitation rules for detainees in
administrative segregation. Ordinarily, a detainee retains
visitation privileges while in administrative segregation.
… Detainees in administrative segregation may not be
denied legal visitation, but reasonable security precautions
will be taken where necessary.
Standard 17, Visitation
 III.I.12. Detainees in either administrative or disciplinary
segregation shall be allowed legal visitation.
17. Human Rights--Sanitation concerns

2/19/2009

4