INS Detention Standards Compliance Audit - El Centro Detention Facility, El Centro, CA, 2005

INS Detention Standards Compliance Audit - El Centro Detention Facility, El Centro, CA, 2005

• May 27, 2016 • Locations: United States of America -> California • Topics: Corrections Audits, Immigration

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650 Town Center Drive, 20th Floor
Costa Mesa, California 92626-1925
Tel: (714) 540-1235 Fax: (714) 755-8290
www.lw.com
FIRM / AFFILIATE OFFICES

MEMORANDUM

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Washington, D.C.

August 4, 2005

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

John P. Torres, Acting Director, Office of Detention and Removal
Immigration and Customs Enforcement
American Bar Association Delegation to El Centro Detention Facility 1
502130-0022
b6
ABA Commission on Immigration
Report on Delegation Tour of the El Centro Detention Facility, El Centro, California

This Report summarizes and evaluates information gathered at the El Centro
Detention Facility (“ECDF” or “the facility”) in El Centro, California during the delegation’s
July 1, 2005 observational visit to the facility. During the visit, the delegation interviewed three
detainees, and conducted discussions with personnel from the facility and Immigration and
Customs Enforcement (“ICE”).
I.

ICE DETENTION STANDARDS

In November 2000, the Immigration and Naturalization Service (INS)
promulgated the “INS Detention Standards” (“the Standards”) 2 to ensure the “safe, secure and
humane treatment” of immigration detainees. The thirty-eight standards contained in the
Detention Operations Manual cover a broad spectrum of issues ranging from visitation policies
to grievance procedures and food service. These standards apply to ICE-operated detention
centers and other facilities that house immigration detainees pursuant to a contract or intergovernmental service agreement (“IGSA”). The Standards went into effect at ICE-operated
detention facilities on January 1, 2001. ICE intended to phase in the Standards at all of its
contract and IGSA facilities by December 31, 2002. The Standards constitute a “floor” rather
1

b6
The El Centro Detention Facility Delegation included
, a Partner at Latham & Watkins LLP, b6
b6
, an Associate at Latham & Watkins LLP, and three Summer Associates at Latham & Watkins
b6
b6
LLP,
,
and
b6

Effective March 1, 2003, the INS ceased to exist as an agency of the Department of Justice. The INS’ immigration
enforcement functions have been transferred to Immigration and Customs Enforcement (“ICE”), a division of the
newly-created Department of Homeland Security (“DHS”). Therefore, the INS Detention Standards will be referred
to as the ICE Detention Standards or ICE Standards throughout this report.

OC\764979.2

02-19-2009

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.

II.

INTRODUCTION

The Delegation’s July 1, 2005 Visit
1.

The Facility Tour

On Friday, July 1, 2005, members of our delegation met with several members of
ECDF’s staff and representatives from the ICE office in El Centro, California to tour the facility
and interview detainees. Our tour began with an overview of the facility and its role in the
b6, b7C
system of detention centers for immigrant detainees. Officer-In-Charge
described the inmates held at the facility and explained in detail a typical inmate’s legal
b6, b7C
experience at the facility. Assistant Officer-In-Charge
was our main contact
person during the visit and oversaw our return from the facility tour, as well as answered
b6, b7C
questions by the delegation. Our tour of the facility was led by Mr.
and assisted
b6,
b7C
by Mr.
, both from the security staff. We also were accompanied on our tour by
b6
Mr.
, Counsel for the facility. During our tour we met with Health Services
b6
Administrator Captain
who led the medical facilities segment of our tour. Our
tour also included visiting the meal area, the detainee processing area, recreational facilities, the
law library, one of the several detainee housing areas, and the Special Management Unit
(“SMU”). Throughout the tour, our guides answered all of our questions, and were very
knowledgeable about the facility and the Standards. They also made themselves available to
meet with us at the conclusion of the tour to answer any questions. The delegation greatly
appreciates the cooperation of these helpful individuals.
2.

Interview With Detainees

At the conclusion of the tour, the delegation had the opportunity to meet with three
detainees to ask them questions about their experiences at the facility. The detainees were Mr.
b6, b7C
who had been a detainee for two weeks, Mr. b6, b7C who had been a detainee for many
months and a third gentleman who did not wish to disclose his name who had been in the facility
for only a few weeks. The detainees were personally selected by the security staff at the
conclusion of the tour. The delegation met with all three detainees together in a conference room
in the presence of two security personnel. The delegation requested to meet with the detainees in
a confidential setting. The facility declined the request, citing security concerns, and required
two security personnel to attend the detainee interviews. During the interviews, the security
personnel were able to hear the questions and answers, and would occasionally interject answers
to some of the questions posed to the detainees. The delegation also experienced some language
barriers communicating with the detainees, as two of them spoke limited English.
3

Inmate Number

b6, b7C
b6, b7C

2
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02-19-2009

The Delegation’s Report

The following Report is based on the delegation’s discussions with the identified
ECDF and ICE employees during the tour, the delegation’s observations during the tour, as well
as the interview with the three immigration detainees at the conclusion of the visit. In many
instances, the detainees’ reports were compatible with statements made by facility personnel
and/or our observations. In such cases, the delegation was able to more accurately determine
whether ECDF policy and procedures successfully implemented the Standards. However, in
certain instances, the detainees’ reports conflicted with statements made by facility personnel.
Where we were unable to verify the conflicting reports, the delegation was unable to
conclusively confirm compliance with the Standards.
C.

General Information About the El Centro Detention Facility

The El Centro Detention Facility is a federally operated Service Processing Center (SPC).
The facility houses only federal immigration detainees. According to the ECDF personnel, the
facility has the capacity for around 550 individuals, with a population that fluctuates between
500-540 detainees. 5
ECDF houses Level 1 and Level 2 male detainees exclusively. 6 Level 3 and 4 detainees
and female detainees that arrive at the facility are quickly processed and transferred to a facility
equipped to handle those individuals.
Further, the facility personnel indicated the facility housed immigration detainees from
many different countries, but the majority were from Latin America. Most detainees were from
countries other than Mexico. 7

III.

IMPLEMENTATION OF LEGAL ACCESS PROVISIONS OF ICE DETENTION
STANDARDS
A.

Legal Access/Visitation
1.

Visitation by Attorneys

Applicable Standards. The Standards suggest that facilities permit legal visits
seven days a week for at least eight hours a day during the week and four hours a day on
weekends and holidays. 8 Visits that extend through a scheduled meal should not be interrupted
5

Notes of delegation member

Level 1 detainees were categorized as those that have no criminal records besides an immigration violation. Level
2 detainees were categorized as those transferred from the county jail having committed non-violent crimes
and misdemeanors.

Notes of delegation member

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

from conversation with Mr.

b6, b7C

3
OC\764979.2

02-19-2009

and a meal should be provided for the detainee following the visit.9 The rules and hours for
these visits should be properly communicated to detainees. 10 Legal visits from legal assistants
should be allowed with the proper authorization. 11 Interpreters should be allowed to accompany
legal representatives. 12 The Standards require that attorneys and legal assistants present some
form of legal identification. 13 Bar membership cards are preferable, but if unavailable, some
other form of legal identification should be allowed. 14 Legal representatives should be able to
call a facility to confirm that a detainee remains housed at that facility. 15 Private rooms should
be available for meetings between legal representatives and detainees.16
ECDF has implemented this section of the Standards. At ECDF, attorney
visitation is unlimited. 17 Attorney visits are permitted to continue through meal times. 18 If a
detainee misses a meal because of a legal visit, the facility provides a meal after the visit. 19 The
visitation schedule is communicated to detainees in the detainee handbook. 20 Whether the
handbook communicates all of the visitation rules cannot be confirmed because the delegation
was only permitted to review the handbooks for a limited period of time. 21 If a non-attorney,
legal assistant, or law student requests an attorney visit, it may be allowed, but requires special
approval. 22 ECDF permits interpreters to accompany legal representatives. 23 Bar membership
cards typically are requested from visiting attorneys. If an attorney arrives without a bar card,
ECDF permits the attorney to have the necessary documents faxed to the facility. 24 Attorneys
are permitted to call ahead to confirm the location of their detainee. 25 Five or six private rooms

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

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

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

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.4.

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

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

El Centro Inmate Handbook as noted by delegation member

Notes of delegation member

from conversation with Mr.
b6

b6, b7C

Notes of delegation member

El Centro Inmate Handbook as noted by delegation member

Notes of delegation member

from conversation with Mr.
b6

from conversation with Mr.
from conversation with Mr.
b6

Notes of delegation member

from conversation with Mr.

Notes of delegation member

from conversation with Mr.

b6, b7C

4
OC\764979.2

02-19-2009

are available for detainee interviews. 26 All visits are non-contact. 27 Searches are not required
after these non-contact visits. 28
2.

Visitation by Family and Friends

Applicable Standards. The Standards suggest that facilities establish written
visitation procedures and make visitations schedules and procedures available to the public. 29
Facilities should also make an effort to accommodate the scheduling needs of visitors for whom
the schedule poses a hardship. 30 Facilities are encouraged to schedule visiting hours for both
weekend days. 31 If facilities have no provision for visits from minors, visits from a detainee’s
children and grandchildren should be arranged within the first 30 days of detention. 32
ECDF has implemented this section of the Standards. The family and friends
visitation hours for ECDF are 7 p.m.-9:30 p.m. on the weekdays and 9 a.m.-11 a.m., 1 p.m.-3
p.m., and 7 p.m.-9:30 p.m. on weekends and holidays. 33 The detainee handbook states this
schedule. 34 Whether or not the handbook sets out additional procedures cannot be confirmed
because the delegation was only permitted to review the handbooks for a limited period of
time. 35 The visitation hours are designed to accommodate the typical work schedule of detainee
visitors. As recommended, both weekend days have visitation hours. Visitors who cannot visit
during scheduled hours can arrange for different visitation times. 36 Minors are allowed to visit
detainees. 37 All visits are non-contact. 38

Notes of delegation member

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

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

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

El Centro Inmate Handbook as noted by delegation member

Notes of delegation member

from observation and a conversation with Mr.
b6

b6, b7C

from conversation with Mr.
b6, b7C

from conversation with Mr.

from conversation with Mr.
b6

from conversation with Mr.

b6, b7C

from conversation with Mr.

5
OC\764979.2

02-19-2009

Telephone Access
1.

General Requirements

Applicable Standards. The Standards suggest that facilities provide detainees with
reasonable and equitable access to telephones during established facility waking hours. 39 In
order to meet this requirement, facilities must provide at least one telephone for every 25
detainees. 40 Additionally, the facility should provide written notification of telephone access
rules and should also “post these rules where detainees may easily see them.” 41
ECDF has implemented most of this section of the Standards. Generally, the
phones were sufficient in number, well maintained, and easy enough to use that all detainees
with whom we spoke were able to make calls without difficulty.
The booking area at the El Centro facility contained at least one phone per
holding area, including separate phones in the private interview rooms. 42 Upon being booked
the detainees are given a standard inmate handbook (the “Handbook”) explaining the facility’s
procedures. 43 Two of the three interviewed detainees confirmed that they had received a copy of
the Handbook, and each understood the telephone policy. 44
There are approximately 100 telephones located throughout the facility, including
phones located in the housing modules, well within the Standard of 1 phone for every 25
detainees. 45 The detainees may access the phones at any time when they are not locked down.
One detainee explained that only on a rare occasion did he have to wait for a phone. 46 During
our visit we observed a non-lockdown period in which none of the phones were being utilized. 47
The phone bank in the barracks toured by the delegation did not have instructions
regarding phone usage posted near the phones although the Standards suggest instructions be
posted.

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

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

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

Notes of delegation member

Although the delegation asked for a copy of the Handbook, the facility would not allow anyone to remove a copy
from the premises.

b6
b6
All three detainee interviews were conducted by Mr. b6 Ms. b6 Ms.
, and Mr.
. The
detainee who indicated that he had not received a handbook spoke little English. We could not determine if
he actually had not received a handbook, or if he received a handbook which he could not read. Handbooks
are only available in Spanish or English, and this detainee did not speak either language.

b6
Notes of delegation member
When asked how many phones were in the facility, Officer
b6, b7C
did not know the number, but explained that there were at least 100 phones.

Interview with detainee Mr. b6, b7C conducted by

Notes of delegation member

6
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02-19-2009

Direct vs. Collect Calls

Applicable Standards. The Standards allow facilities to generally restrict calls to
collect calls; however, the facility must permit detainees to make direct calls to the local
immigration court and the Board of Immigration Appeals, federal and local courts, consular
officials, legal service providers, government offices, and to family members in case of
emergency. 49 The facility shall not require indigent detainees to pay for these types of calls if
local, nor for non-local calls if there is a compelling need. 50 In addition, the facility should allow
all detainees to make calls to the ICE list of free legal service providers and consulates at no
charge to the detainee or the receiving party. 51
48

ECDF has fully implemented this section of the Standards. The detainees are
allowed to buy phone cards from private service providers. 52 Their calls are not limited to a
b6, b7C
particular time period. Although Mr.
did not know the phone card rates, 53 a
detainee explained that they were $0.17 per minute to call within the U.S. and $0.95 per minute
to call internationally. 54 Detainees are able to make direct calls to legal service providers, courts,
or consular officials free of charge, through the phone’s preprogrammed system.
A private service provider provides phone service to the facility. Detainees can
purchase phone cards at the facility to make international or local calls. Collect calls can also be
made from the phones. In addition, there is a direct line which provides access to immigration
courts, consulates, pro bono providers, and other immigration service providers free of charge.
Applicable Standards. The Standards also provide that the facility shall not
restrict the number of calls a detainee places to his/her legal representatives, nor limit the
duration of such calls by automatic cutoff, unless necessary for security purposes or to maintain
orderly and fair access to telephones. 55 If time limits are necessary, they shall be no shorter than
20 minutes. 56 In addition, the Standards suggest that the facility ensure privacy for detainees’
telephone calls regarding legal matters. 57
ECDF has not fully implemented this portion of the Standards. The phones
where detainees make outgoing calls are all located in the public dayrooms with no privacy

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

Notes of delegation member

from conversation with Officer
b6

b6, b7C

Notes of delegation member

Interview with detainee Mr. b6, b7C conducted by

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

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

from conversation with Officer
.

7
OC\764979.2

02-19-2009

safeguards whatsoever. At the very least, the phone conversations can be overheard by other
b6, b7C
detainees and inmates in the barracks, as well as officers. Mr.
explained that, if
necessary, detainees can request to place calls from facility staff offices, but the detainees would
not be left alone in the offices for security purposes.
3.

Incoming Calls and Messages

Applicable Standards. The Standards suggest that facilities take and deliver
messages from attorneys and emergency incoming telephone calls to detainees as promptly as
possible. 58 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. 59
ECDF has not fully implemented this portion of the Standards. Incoming phone
messages are accepted at the facility, however there is no system in place for a detainee to
receive an emergency phone call. A message can be left on the voicemail system, messages are
checked once a day, and then delivered to detainees that day or the next day. There is no
apparent way for a detainee to receive a real-time emergency message. 60
4.

Telephone Privileges in Special Management Unit

Applicable Standards. The Standards provide that detainees in the Special
Management Unit (“SMU”) for disciplinary reasons shall be permitted to make direct and/or free
calls, except under compelling security conditions. 61 Detainees at the facility placed in the SMU
for administrative reasons should have access to telephones. 62
It is unclear whether ECDF has fully implemented this portion of the
Standards. The detainees placed in the SMU for administrative reasons have access to
telephones according to the Standards. 63 The delegation did not determine whether detainees in
the SMU for disciplinary reasons have access to the telephones according to the Standards. 64

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

Notes of delegation member

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

Detention Operations Manual, Security and Control, Standard 12, Section III.D.18.

Notes of delegation member

on conversations with Mr.
b6

Notes of delegation member

b6, b7C

on conversations with Mr.

8
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02-19-2009

Access to Legal Materials

Applicable Standards. All facilities holding 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.” 65
The ECDF appears to have substantially implemented many sections of the
Standards. It was unclear during the visit whether all sections of the Standards regarding access
to legal materials were implemented.
1.

Library Conditions

Applicable Standards. The Standards require that a facility provide a law library
with space to facilitate detainees’ legal research and writing. 66 Furthermore, the law library must
be large enough to provide access for the detainees who request to use it, with a “sufficient
number of tables and chairs in a well-lit room, reasonably isolated from noisy areas.” 67
ECDF has implemented this section of the Standards. ECDF has a centrally
located law library that is well lit, has ample space, and is generally well maintained. 68
Specifically, the law library has 3 computers, several desks and chairs in addition to those
housing the computers. 69 Additionally, the library is located in a building separate from the
housing units that is free of distractions and noise. 70
2.

Access to the Library and Assistance from other Detainees

Applicable Standards. The Standards suggest that each facility shall have a
flexible schedule for law library use that permits all detainees to use the law library on a regular
basis. 71 Each detainee should be permitted to use the law library for a minimum of five hours
per week. 72 Additionally, the Standards suggest that, except when a security risk is created,
detainees should be allowed to assist other detainees in researching and preparing legal
documents. 73
ECDF appears to have implemented this section of the Standards. ECDF
generally permits all detainees to use the law library. The staff indicated that there is a schedule
65

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

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

Notes of delegation member

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

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

9
OC\764979.2

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for detainees to use the library, but indicated there was no restrictions on how many times a
detainee could come to the library in a week. 74 The library was not available during mealtime
and count time. 75 The staff also noted many detainees “come every day.” The staff did not
indicate detainees were prohibited from helping other detainees with legal research. 76
3.

Assistance to Illiterate and Non-English Speaking Detainees

Applicable Standards. The Standards suggest non-English speaking detainees and
illiterate detainees without representation who want to pursue a legal claim and indicate
difficulty understanding legal materials, should be provided with “more than access to a set of
English-language law books.” 77 The facility should “establish procedures to meet this
obligation,” such as contacting pro bono legal assistance organizations and helping the detainee
use the law library and draft legal documents. 78
It is unclear whether ECDF has implemented this section of the Standards. The
delegation noted that there were little or no legal materials for those detainees who do not speak
English, as all legal material appeared to be in English only. 79 While the delegation was unable
to determine whether any detainees had “indicated difficulty with legal materials,” the delegation
did not see signs or other writings informing the detainees of the facility’s procedures enacted to
“provid[e] more than access to a set of English-language law books.” 80
4.

Computer Access, Equipment and Photocopies

Applicable Standards. The Standards suggest that facility law libraries provide an
adequate number of typewriters and/or computers, writing implements, paper, and office supplies
to enable detainees to prepare documents for legal proceedings. 81 Additionally, each facility
shall ensure that detainees can obtain photocopies of legal materials, when such copies are
reasonable and necessary for legal proceedings involving the detainee. 82
ECDF appears to have implemented this section of the Standards. ECDF has
three computers available in the law library equipped with Lexis for legal research, Microsoft
Word, and printing capabilities, and also provides detainees access to typewriters. 83 The

Notes of delegation member

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

Notes of delegation member

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

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

Notes of delegation member

on conversation with Mr.
b6

on conversation with Mr.

b6, b7C

on conversation with Mr.

b6, b7C

10
OC\764979.2

02-19-2009

delegation observed that the computers were functioning, but were not able to physically verify
printing and Lexis access. 84 A photocopy machine was available for a nominal fee, and was
operated by a library attendant. The delegation also noted a large supply of mailing materials
that were available to the detainees for legal purposes. 85 In the interview with one of the
detainees, he indicated having sufficient access to legal materials and photocopies should he
wish to draft legal documents or conduct legal research, and that he has utilized those
resources. 86
5.

Materials Identified in the Detention Standards

Applicable Standards. The Standards suggest that law libraries should contain the
materials listed in Attachment A to the section on Access to Legal Materials. 87 These materials
should be updated regularly, and maintained in good condition. 88
ECDF appears to have fully implemented this section of the Standards. The
facility has a substantial amount of legal material stored in a secure room adjacent to the main
library area. While the detainees were allowed unlimited access to a variety of novels in the
main library area, the legal research books were controlled by a librarian. 89 The delegation was
unable to speak with the librarian directly about policy, as he or she was not present during the
library tour. The room was initially locked. 90 Later during the library visit, the delegation was
allowed brief access to the secure room where the legal books were stored. During the brief visit
to the room, the delegation noted there were several volumes of U.S. immigration law reporters
and related research tools and dictionaries. All of the books appeared to be in good condition,
however, the delegation was unable to confirm whether the library contained the entire list of
legal reference materials indicated in the Standards. 91
D.

Correspondence and Other Mail

Applicable Standards. The Standards require that detainees be allowed to send
and receive correspondence in a timely manner, subject to limitations required for safety,
security, and orderly operation of the facility. 92 General correspondence shall normally be
opened and inspected for contraband in the presence of the detainee, but may be opened and

Notes of delegation member

Interview with detainee Mr.

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

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

Notes of delegation member

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

b6, b7C

conducted by

11
OC\764979.2

02-19-2009

even read outside the presence of the detainee if security reasons exist for doing so. 93 The
Standards also require that facilities provide indigent detainees with free envelopes and stamps
for mail related to a legal matter, including correspondence to a legal representative, potential
representative, or any court. 94 Finally, the Standards suggest that facilities should notify
detainees of specific information regarding correspondence policies. 95
ECDF appears to have fully implemented this section of the Standards. The
facility provides all detainees with writing implements, paper, and envelopes for no charge.
Each detainee is notified of the facility’s correspondence policy, which is written in the El
Centro Inmate Handbook. During the tour, the facility’s correspondence policy was observed
posted in the detainees’ barracks. Detainee mail is distributed once a day, and is often
distributed the day it enters the facility or the next day. All mail is normally delivered within one
day of its entering the internal mail system. All outgoing mail is mailed by the facility at no cost
to the detainee, including FedEx and UPS shipments. 96
Every piece of mail is opened in front of the detainees, including special
correspondence. This mail is not read, it is simply checked for contraband. According to Mr.
b6, b7C
this is the facility’s policy and it was implemented to ensure that there are no
b6, b7C
contraband items in the correspondence. Mr.
also explained that Facility staff never
open detainees’ mail without the detainee being present. If any correspondence is rejected or
censored, the detainee is provided written notice of the action. 97
E.

Group Rights Presentations

Applicable Standards. The Standards indicate that facilities should allow
authorized persons to “make presentations to groups of detainees for the purpose of informing
them of U.S. immigration law and procedures.” 98 Informational posters should be prominently
displayed in the housing units at least forty-eight hours in advance of a scheduled presentation. 99
The facility should “select and provide an environment conducive to the presentation, consistent
with security.” 100 In addition, detainees shall have regular opportunities to view an “INSapproved videotaped presentation on legal rights.” 101
ECDF appears to have implemented this section of the Standards. According to
facility personnel, there are no unreasonable restrictions on group rights presentations, and all
93

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

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

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

Notes of delegation member

, on conversation with Mr.

b6, b7C

Notes of delegation member

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

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

100

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

101

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

12
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02-19-2009

necessary accommodations are made to facilitate presentations. 102 The individuals with whom
the delegation spoke were not familiar with the procedures to facilitate a group rights
presentation, as a considerable amount of time has passed since a group has come to the facility
for a presentation. Area volunteers and not-for-profit organizations have been unable to make
presentations to detainees for reasons unknown to the facility staff, though the staff speculated
that the lapse was due to funding constraints. 103 The detainees whom the delegation interviewed
had not attended a group rights presentation. It was unclear whether a presentation had been
given during the time the interviewed detainees had been at the facility. 104 Facility personnel
indicated that a video describing detainees’ rights is shown to recently arrived detainees to view
during their initial introduction to the facility. 105

IV.

IMPLEMENTATION OF OTHER PROVISIONS OF THE ICE DETENTION
STANDARDS
A.

Recreation

Applicable Standards. The Standards suggest that all detainees have “access to
recreation programs and activities” under safe and secure conditions. 106 Detainees should be
housed in facilities with outdoor recreation. 107 If a facility only provides indoor recreation,
detainees should have access for at least one hour per day, including exposure to natural light. 108
Detainees should also have access to fixed and movable equipment, including opportunities for
cardiovascular exercise, and games and television in dayrooms. 109
ECDF appears to have implemented this section of the Standards. The facility
provides several types of activities for the detainees throughout the day. The detainees are given
one hour per day recreation time, during which they have access to either a large playing field
with soccer goals and a ball, or an indoor recreational facility with table tennis and handball. 110
The delegation did not observe the indoor recreational facility, but was able to see the outdoor
facility where many detainees were participating in a soccer game. 111 In addition to recreation
time, detainees are able to access a smaller loitering area outside, adjacent to their housing

102

Notes of delegation member

on conversation with Mr.
b6, b7C

103

Notes of delegation member

104

Interview with detainees Mr.

105

Notes of delegation member

106

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

107

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

108

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

109

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

110

Notes of delegation member

111

on conversation with Mr.
b6, b7C

Mr.

b6, b7C

and Mr.

and unnamed detainee conducted by

on conversation with Mr.

b6, b7C

and Mr.

b6, b7C
b6
b6, b7C

b6, b7C

Notes of delegation member

13
OC\764979.2

02-19-2009

facility where they have access to natural light, outside air and a pull-up bar. 112 Inside the
facility, detainees have game tables where they are able to play chess, checkers, backgammon
and other similar games. 113 Additionally, the delegation saw a functioning television set inside
the facility where the detainees could watch news or sporting event. 114
B.

Access to Medical Care
1.

General Access

Applicable Standards. The Standards require that all detainees have access to
medical and dental services. 115 Facilities should provide detainees with an initial medical
screening including a mental health evaluation and a TB screening. 116 A health appraisal,
including physical and dental screening, should follow within 14 days, unless there is evidence
of a health appraisal within the previous 90 days. 117 Language difficulties should be resolved
through a translation service, like a phone service, or through another detainee if the patient
consents. 118 Facilities should have a procedure to ensure the timely intake of detainees
requesting medical services. 119 Facilities with over 500 detainees should have at least five days
when medical personnel are available to take detainee sick calls. 120 Emergency treatment plans
should be in place at every facility. 121
ECDF has implemented this section of the Standards. The El Centro facility has
its own health care facility. 122 The health care facility operates seven days a week. 123 Upon
arrival, detainees receive an initial screening, including a chest x-ray to test for tuberculosis.124
The health care facility has its own x-ray machine. 125 Detainees are given a physical and dental

112

Notes of delegation member

113

Notes of delegation member

114

Notes of delegation member

115

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

116

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

117

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

118

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

119

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

120

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

121

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

122

Notes of delegation member

123

Notes of delegation member

on conversation with Mr.

b6, b7C

from conversation with Captain
b6

124

Notes of delegation member

from conversation with Captain

125

Notes of delegation member

from observation and a conversation with Captain

14
OC\764979.2

02-19-2009

examination within 14 days of their arrival at the facility. 126 The health care facility has 10 beds,
including beds in private rooms. 127 The health care facility also has a trauma unit. 128
b6
Captain
is the Health Services Administrator for the health care
facility. The health care staff includes a doctor, a dentist, a dental assistant, a mental health
practitioner, approximately eight registered nurses, and approximately three mid-level staff. 129
Many staff members speak Spanish. 130 If translation from another language is required, health
care staff uses a telephone language line. 131 ECDF may want to consider contracting with the
language line to ensure the confidentiality of patient callers. The health care facility ensures the
confidentiality of patient files by keeping them in an attended room throughout the day and
locking that room at night. 132

The health care facility has procedures in place for the treatment of sick
detainees.
If there is an emergency, a detainee is brought into the health care facility
immediately. 134 Detainees requiring emergency assistance beyond the capacity of the health care
facility are taken to a nearby medical center. 135 If the situation is not an emergency, detainees
fill out a sick call slip. 136 Health care staff treats urgent sick calls by the next morning. 137 The
staff treats routine sick calls by the second morning. 138
133

Hunger Strikes

Applicable Standards. The Standards require that facilities follow the accepted
standards of care in the medical and administrative management of hunger-striking detainees. 139
Every effort should be made to obtain the hunger striker’s informed consent for treatment. 140
Care for a detainee on hunger strike should include an initial medical assessment by a qualified
medical professional about whether the detainee’s actions are reasoned and deliberate or the
126

Notes of delegation member

from conversation with Captain

127

Notes of delegation member

from observation and a conversation with Captain

128

Notes of delegation member

from conversation with Mr.

129

Notes of delegation member

from conversation with Captain

130

Notes of delegation member

from conversation with Captain

131

Notes of delegation member

from conversation with Captain

132

Notes of delegation member

133

Notes of delegation member

from conversation with Captain

134

Notes of delegation member

from conversation with Captain

135

Notes of delegation member

from conversation with Captain

136

Notes of delegation member

from conversation with Captain

137

Notes of delegation member

from conversation with Captain

138

Notes of delegation member

from conversation with Captain

139

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

140

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

b6
b6

b6, b7C

from conversation with Captain
b6

15
OC\764979.2

02-19-2009

manifestation of mental illness. 141 In Service Processing Centers and Contract Detention
Facilities, staff should refer detainees for evaluation and possible treatment within the first 72
hours. 142 Detainees should then be isolated if medically advisable. 143 If a detainee refuses to
accept treatment, the staff should make every effort to encourage voluntary treatment. Forced
medical treatment should only be administered in accordance with applicable laws. 144
ECDF has implemented this section of the Standards. If a detainee has refused
food for 72 hours, staff members will refer the detainee to the health care facility. 145 At the
health care facility, the detainee will be placed in isolation if it is deemed beneficial. 146 Staff
members will observe the detainee and the mental health practitioner will evaluate the
detainee. 147 Staff members will encourage the detainee to voluntarily consent to treatment, but
treatment will only be forced on a detainee with legal approval. 148 The health care facility has a
procedure outlining the treatment of detainees, and staff members are trained in this
procedure. 149
C.

Detainee Grievance Procedures

Applicable Standards. The Standards require that every facility develop and
implement standard procedures for handling detainee grievances and encourage that the facility
initially seek to resolve grievances informally before having to engage in a more formalized
procedure. 150 Translating assistance for both formal and informal grievances must be provided
upon request. 151 The Standards also require that each facility establish a reasonable time limit
for: (1) “processing, investigating, and responding to grievances;” (2) “convening a grievance
committee to review formal complaints;” and (3) “providing written responses to detainees who
filed formal grievances, including the basis for the decision.” 152 All grievances must receive
supervisory review, include guarantees against reprisal, and allow for appeals. 153

141

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

142

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

143

Detention Operations Manual, Health Services, Standard 1, Section III.A.2.

144

Detention Operations Manual, Health Services, Standard 1, Section III.D.

145

Notes of delegation member

from conversation with Captain

146

Notes of delegation member

from conversation with Captain

147

Notes of delegation member

148

Notes of delegation member

from conversation with Captain

149

Notes of delegation member

from conversation with Captain

150

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

151

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

152

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

153

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

from conversation with Captain

16
OC\764979.2

02-19-2009

ECDF has implemented this section of the Standards. When necessary, detainees
can fill out an “Inmate Grievance Form” should they have any concerns about the facility or its
staff. The Detainee Handbook provides information on how to file a grievance and how each
grievance will be handled. The Handbook also details the appeal process with the ICE. 154
During the delegation interview, one of the detainees stated that he was aware of other detainees
filing grievances, and that they hadn’t indicated any problems or retaliation afterwards. 155
D.

Disciplinary Policy

Applicable Standards. The Standards state that facility authorities “will impose
disciplinary sanctions on any detainee whose behavior is not in compliance with facility rules
and procedures” in order “to provide a safe and orderly living environment.” 156 Each facility
holding ICE detainees must have a detainee disciplinary system which has “progressive levels of
reviews, appeals, procedures, and documentation procedures.” 157 Any disciplinary action taken
must not be capricious or retaliatory and the following sanctions may not be imposed: “corporal
punishment; deviations from normal food services; deprivation of clothing, bedding, or items of
personal hygiene; deprivation of correspondence privileges; or deprivation of physical exercise
unless such activity creates an unsafe condition.” 158 In addition, the Standards provide that all
incident reports filed by officers must be investigated within twenty-four hours of the incident. 159
An intermediate level of investigation or adjudication must be established to adjudicate low or
moderate infractions. 160
ECDF appears to have implemented this section of the Standards. The facility’s
disciplinary process is based on the ICE Standards. 161 Facility staff follows a strict set of rules
set out by ICE. If there is a minor infraction, the officers attempt to settle it without going
through formal procedures. 162 There is a general attitude at the facility of keeping the detainees
happy and secure in their environment. The officers attempt to keep things as low-key as
possible in order to create a calm environment. Therefore, the officers prefer to use the formal
discipline process only when absolutely necessary.

154

Although the delegation was unable to take the Handbook off the facility’s premises, the delegation was able to
look through the Handbook while at the facility.

155

Interview with detainee Mr.

156

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

157

Detention Operations Manual, Security and Control, Standard 5, Section III.A.1.

158

Detention Operations Manual, Security and Control, Standard 5, Sections III.A.2 and III.A.3.

159

Detention Operations Manual, Security and Control, Standard 5, Section III.B. and III.C.

160

Detention Operations Manual, Security and Control, Standard 5, Section III.C.

161

Notes of delegation member

162

b6, b7C

conducted by

from conversation with Mr.
b6

Notes of delegation member

from conversation with Mr.

b6, b7C

17
OC\764979.2

02-19-2009

Detainee Classification

Applicable Standards. The Standards suggest that detainees should be classified
upon arrival before being admitted into the general population. 163 Detainees who cannot be
classified because of insufficient information, their file should be kept from the general
population until a classification can be made. 164 First line supervisors should review each
classification. 165 Detainees should be assigned housing, offered recreational activities, assigned
work (if voluntarily chosen), and provided food according to their classification. 166 The
classification should be based on “objective” information. 167 Opinion is an unacceptable basis
for classification. 168 Service Processing Centers and Contract Detention Facilities should follow
ICE provisions for reclassification and reassessment. 169 Facilities should also include
procedures allowing new arrivals to appeal their classification. 170
ECDF appears to have implemented this section of the Standards. The facility
classifies detainees upon their arrival according to the ICE standard for classification. 171
Delegation members observed that detainees in the intake and processing center had already
been classified as level one or level two detainees and wore the appropriate blue or orange
clothing. 172 Level three detainees are rarely detained at ECDF. 173 When level three detainees
are housed at the facility, they are isolated in the Special Management Unit. 174
ECDF classifies detainees using the objective information from their file. 175
Detainees are not classified based on opinion or observation. 176 A supervisor reviews each
classification. The facility follows the ICE provisions for reclassification, reassessment, and
appeal. 177

163

Detention Operations Manual, Detainee Services, Standard 4, Section III.A.1.

164

Detention Operations Manual, Detainee Services, Standard 4, Section III.A.2.

165

Detention Operations Manual, Detainee Services, Standard 4, Section III.A.3.

166

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

167

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

168

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

169

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

170

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

171

Notes of delegation member

from conversation with Mr.

172

Notes of delegation member

173

Notes of delegation member

from conversation with

174

Notes of delegation member

175

Notes of delegation member

from conversation with Mr.

176

Notes of delegation member

from conversation with Mr.

177

Notes of delegation member

from conversation with Mr.

b6, b7C

b6, b7C
b6

from conversation with

b6, b7C

18
OC\764979.2

02-19-2009

Voluntary Work Program

Applicable Standards. The Standards suggest that facilities should provide
detainees who are capable of working with the opportunity to do so. 178 Participation must be
voluntary. Detainees in Service Processing Centers and Contract Detention Facilities may not
work more than 8 hours a day and 40 hours a week. 179
ECDF appears to have implemented this section of the Standards. ECDF
provides work opportunities to detainees who choose to participate in the voluntary work
program. 180 Approximately 10-15 percent of the detainee population participates in the
volunteer work program. 181 Detainees typically work four to five hours a day for up to three
days a week. 182 Detainees never work more than 8 hours a day and 40 hours a week. 183
G.

Detainee Handbook

Applicable Standards. The Standards suggest that a handbook be made available
for detainees that “briefly describe[s] individual programs and services and associated rules.” 184
The purpose of the handbook is to specify the rules and regulations with which detainees must
generally comply, and it must detail rights and responsibilities of the detainees. The handbook
should describe the facility’s policies towards “recreation, visitation, education, voluntary work,
telephone use, correspondence, library use, and the canteen/commissary.” Additionally, the
handbook should explain the facility’s medical policy, facility-issued items such as clothing and
bedding, access to personal property, and meal service. The handbook should be available in
English and Spanish and, if appropriate, to “the next most-prevalent language(s)” of the
detainees. 185
ECDF appears to have implemented most of this section of the Standards, but it
is unclear whether it has implemented all of this section. Upon arrival each detainee is
assigned a facility handbook that details the requisite subjects noted above. 186 However, during
the delegation’s interview, one of the detainees indicated he had never received a handbook. 187
When the delegation visited the processing center during the tour, several detainees sitting in a

178

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

179

Detention Operations Manual, Detainee Services, Standard 18, Sections III.A, H.

180

Notes of delegation member

181

Notes of delegation member

from conversation with Mr.
from conversation with Mr.
b6, b7C

182

Notes of delegation member

from conversation with Mr.

183

Notes of delegation member

from conversation with Mr.

184

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

185

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

186

Notes of delegation member

187

Interview with detainees Mr.

b6
b6, b7C

Mr.

, on conversation with Mr.
b6, b7C

b6, b7C

and Mr.

and unnamed detainee conducted by

b6, b7C
b6

19
OC\764979.2

02-19-2009

processing room were browsing their yellow copies of the detainee handbook. 188 Based on the
delegation’s tour, we could not conclude whether it was appropriate for the handbook to be
available in the “next most prevalent language(s).” 189
According to facility personnel, the handbooks are kept by the detainees for the
duration of their stay at the facility and are “checked back in” upon their departure. The
delegation was told by facility personnel that the handbook did contain relevant sections. 190 The
delegation was given several minutes to browse the manual and noted that it contained many
sections as indicated, and that it was available in both English and Spanish. 191 Additionally,
facility personnel indicated translators are available over the phone for other language needs. 192
H.

Religious Practices

Applicable Standards. The Standards suggest that detainees of different religious
beliefs be provided with “reasonable and equitable opportunities to participate in the practices of
their respective faiths.” 193 Opportunities to practice religion should be constrained only by
concerns about safety, security, the orderly operation of the facility, or extraordinary costs
associated with a specific practice. 194 Detainees should be allowed access to “personal religious
property, consistent with facility security.” 195 The food service department should reasonably
accommodate detainees’ religious dietary requirements. 196
ECDF appears to have substantially implemented this section of the Standards.
Detainees are allowed to keep a personal copy of a religious text (Bible, Koran, etc.), as well as
other items such as prayer beads, religious items of clothing and headwear. 197 Detainees are not
allowed to have items such as oils or other items that would create health or safety concerns. 198
The facility places special emphasis on providing meals that cater to all religious needs. In the
delegation’s interview with the detainees, they acknowledged that meals prepared for religious
diets were provided, and added that the facility appears to do a good job in respecting all
religious beliefs and allowing for worship within reason. 199 The delegation was told the facility

188

Notes of delegation member

189

Notes of delegation member

190

Notes of delegation member

191

Notes of delegation member

on conversation with Mr.

192

Notes of delegation member

on conversation with Mr.

193

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

194

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

195

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

196

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

197

Notes of delegation member

on conversation with Mr.
b6, b7C

on conversation with Mr.
b6

198

Notes of delegation member

199

Interview with detainees Mr. b6, b7C Mr.

and Mr.
b6, b7C

b6, b7C

on conversation with Mr.
b6, b7C

and Mr.

and unnamed detainee conducted by

20
OC\764979.2

02-19-2009

also has a non-denominational chaplain and a chapel available for worship from all religions,
although the delegation did not visit the chapel or meet the chaplain. 200
I.

Special Management Unit

Applicable Standards. The Standards suggest that each facility should establish a
Special Management Unit (“SMU”) for purposes of isolating certain detainees from the general
population, either for administrative or disciplinary purposes.201 A detainee may be placed in
administrative segregation when the detainee’s presence in the general population would “pose a
threat to self, staff, other detainees, property or the security or orderly operation of the
facility.” 202 A detainee may be placed in disciplinary segregation only by order of the
Institutional Disciplinary Committee, after a hearing in which the detainee has been found to
have committed a prohibited act. 203
All cells in the SMU must be equipped with beds which are securely fastened to the
cell floor or wall, and should allow detainees to maintain a normal level of personal hygiene. 204
In accordance with the “Telephone Access” standard, detainees in disciplinary segregation shall
be restricted to telephone calls relating to the detainee’s immigration case or other matters, calls
to consular/embassy officials, and family emergencies. 205 Also, detainees in segregation shall
have the same correspondence privileges as detainees in the general population. 206
ECDF appears to have implemented this section of the Standards. ECDF has
established an SMU for both administrative and disciplinary segregation. 207 The SMU visited by
the delegation contained detainees for both administrative and disciplinary reasons, but it was
unclear how they were segregated from each other, apart from an indication on the paperwork
outside each detainee’s unit. 208 The units had bedding, a toilet and sink for personal hygiene, as
well as a small desk for the detainee’s use. 209 The delegation noted telephones in the SMU
building, and was told that telephone access, visitation rights, recreation and correspondence
were all in accordance with the promulgated guidelines. 210

200

Notes of delegation member

201

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

202

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

203

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

204

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

205

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

206

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

207

Notes of delegation member

208

Notes of delegation member

209

Notes of delegation member

210

Notes of delegation member

on conversation with Mr.

b6, b7C

, on conversation with Mr.

b6, b7C

21
OC\764979.2

02-19-2009

Staff-Detainee Communication

Applicable Standards. The Standards require that procedures be in place “to allow
for formal and informal contact between key facility staff and ICE staff and ICE detainees and to
permit detainees to make written requests to ICE staff and receive an answer in an acceptable
time frame.” 211 The Standards require ICE personnel to conduct weekly scheduled and
unannounced, unscheduled visits, which are to be conducted by the ICE OIC, the Assistant OIC,
and designated department heads. 212 During the visits, the facility personnel should monitor
housing conditions, interview detainees, review records, and answer questions for detainees who
do not comprehend the immigration detainee process. 213 The Standards also require that
detainees have the opportunity to submit written questions, requests, or concerns to ICE staff,
which “shall be delivered to ICE staff by authorized personnel (not detainees) without reading,
altering, or delay.” 214 All facilities that house ICE detainees must have written procedures to
handle detainee requests. 215
ECDF appears to have implemented this section of the Standards. An ICE
officer makes weekly and monthly unannounced visits to the ECDF to tour the facility, speak
with detainees and attempt to discover any issues or concerns that need to be addressed at the
facility. 216 The delegation was told an ICE officer will also come whenever s/he is requested.
The facility provides specific forms for the detainees to fill out if they have a grievance or want
to speak to someone from ICE. 217 Detainees interviewed indicated that the forms were easy to
obtain and believed that the ICE personnel responded well to the requests. 218

CONCLUSION

The El Centro Detention Facility has implemented or substantially implemented
nearly all of the ICE Detention Standards based on what the delegation was able to determine
from its tour and interviews. The facility has done a superb job in educating its staff on the
Standards and in implementing most provisions of the Standards. The detainees interviewed
were very content with their experience at the facility and the staff with whom they interacted.
Throughout the tour, the delegation was impressed at the cleanliness and orderliness of the
facility, and the general positive demeanor of the detainees.

211

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

212

Detention Operations Manual, Detainee Services, Standard 15, Section III.A.

213

Detention Operations Manual, Detainee Services, Standard 15, Section III.A.

214

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

215

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

216

Notes of delegation member

, on conversation with Mr.
b6

b6, b7C

217

Notes of delegation member

, on conversation with Mr.

218

Interview with detainees Mr. b6, b7C, Mr.

b6, b7C

and unnamed detainee conducted by

22
OC\764979.2

02-19-2009

The Report identifies certain provisions of the Standards with which the delegation
could not verify compliance. One of the detainees interviewed indicated he either had not
received a handbook, or had not received one in his language (see supra, note 44). While the
handbook was available in English and Spanish as the Standards require, the delegation was
unable to determine whether the facility also should make the handbook available in “the next
most-prevalent language(s)” of the detainees.
The delegation observed detainees have adequate access to telephones for personal
and legal communication. However, the delegation was unable to determine whether the facility
provided adequate access to emergency incoming phone calls and messages. Additionally, the
delegation could not verify whether the facility provided detainees with adequate privacy for
telephone conversations regarding legal matters. The delegation also noted that telephone access
rules did not appear to be posted where “detainees may easily see them.”
The delegation did not note any indication of group rights presentations available in
the facility. None of the detainees interviewed had attended a group rights presentation. The
delegation did not observe any institutional barriers that would prevent or discourage volunteer
presentations during its visit.
The delegation also observed that many, if not most, of the detainees were
individuals who spoke Spanish as a primary language, and that most detainees were not native
English speakers. 219 The delegation could not determine if the detainees who indicate difficulty
with the provided legal materials were provided by the facility with “more than access to a set of
English-language law books,” as the Standards suggest. The delegation did not observe any
indication of adopted “procedures to meet this obligation” or, if adopted, notification to detainees
of these alternate legal materials.
The delegation was able to interview three detainees, though confidentiality may
have been a concern for the detainees during the interview. The fact-finding process would
benefit if facilities agreed to accommodate detainees’ confidentiality and privacy by providing
future delegations with opportunities to interview detainees in a secure setting.

219

b6
Notes of delegation member
, on observing conversations between detainees, during detainee
interviews, and observing recreation areas when many detainees interacted.

23
OC\764979.2

02-19-2009

Facility Name: EL CENTRO DETENTION FACILITY (SPC), EL CENTRO, CA
Date of Tour: July 1, 2005
Tour Participants: Latham & Watkins LLP attorneys and summer associates
,
,
,
, and
*Standards are Detainee Services Standards unless otherwise indicated. Issues are listed in the order in which they appear in the Report.

**The Detainee interviews for this delegation took place in the presence of security personnel, although the delegation had requested to meet with the
detainees in a confidential setting (p. 2 ¶3). “During the interviews, the security personnel were able to hear the questions and answers, and would
occasionally interject answers to some of the questions posed to the detainees.” (p. 2 ¶3).
Delegation Observation

Source

Standard 16, Telephone Access
 III.B. [T]he facility shall provide telephone access rules
in writing to each detainee upon admittance, and also
shall post these rules where detainees may easily see
them.



The phone banks in the barracks toured
by the delegation did not have
instructions regarding phone usage
posted near the phones (p.6 ¶5).

Delegation
observations.

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.



Delegation
observations.

Standard 6, Detainee Handbook
 I. Every OIC will develop a site-specific detainee
handbook to serve as an overview of … the detention
policies, rules, and procedures in effect at the facility.
Every detainee will receive a copy of this handbook
upon admission to the facility.



The phones where detainees make
outgoing calls are all located in the
public dayrooms with no privacy
safeguards (p. 7 ¶5).
Detainees can request to place calls
from facility staff offices, but the
detainees would not be left alone in the
offices (p. 8 ¶1).
Detainee indicated he never received a
handbook (p.19 ¶4).



ABA Commission on Immigration - Detention Standards Implementation Initiative

ICE Response

b6, b7C

ICE Standard*

Detainee
interview.

2/19/2009

The Habeas Citebook: Prosecutorial Misconduct Side