INS Detention Standards Compliance Audit - Northwest Detention Center, Tacoma, WA, 2007

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INS Detention Standards Compliance Audit - Northwest Detention Center, Tacoma, WA, 2007

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

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140 Scott Drive
Menlo Park, California 94025
Tel: +650.328.4600 Fax: +650.463.2600
www.lw.com
FIRM / AFFILIATE OFFICES
Barcelona

October 16, 2007
MEMORANDUM

To:
From:
Copies to:
Subject:

New Jersey

Brussels

New York

Chicago

Northern Virginia

Frankfurt

Orange County

Hamburg

Paris

Hong Kong

San Diego

London

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Silicon Valley

Milan

Singapore

Moscow

Tokyo

Munich

Washington, D.C.

John P. Torres, Director, Office of Detention and Removal, Immigration and
Customs Enforcement
American Bar Association Delegation to the Northwest Detention Center 1
b6
, ABA Commission on Immigration
Report on Observational Tour of the Northwest Detention Center, Tacoma,
Washington

This memorandum summarizes and evaluates information gathered at the Northwest
Detention Center (“NWDC” or the “Facility”) in Tacoma, Washington, during the delegation’s
July 19, 2007 visit to the facility. The information was gathered via observation of the facility
by the delegation, discussions with nine detainees, and discussions with NWDC and Immigration
and Customs Enforcement (“ICE”) personnel.
INTRODUCTION

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-nine standards contained in the Detention Operations Manual cover a broad
spectrum of issues ranging from visitation policies to grievance procedures. These standards
apply to ICE-operated detention centers and other facilities that house immigration detainees
pursuant to a contract or intergovernmental service agreement (“IGSA”).
The Detention Standards (the “Standards”) went into effect at ICE-operated detention
facilities on January 1, 2001. 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 than a ceiling for
the treatment of immigration detainees. In other words, they are designed to establish the
minimum requirements to which ICE must adhere in its facilities. Each Field Office or Officer-

The delegation was comprised of attorneys and summer associates from the Silicon Valley office of Latham &
Watkins LLP, including
, and b6
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 ICE, a division of the newly-created Department of Homeland Security.

October 16, 2007
Page 2

in-Charge has discretion to promulgate polices and practices affording ICE detainees more
enhanced rights and protections, beyond those provided for by the Standards.
II.

OVERVIEW OF VISIT
A. The Delegation’s Visit, July 19, 2007

On Thursday, July 19, 2007, the members of our delegation met with several members of
b6, b7c
NWDC’s staff and representatives from ICE at the Facility. Field Office Director
b6,
b7c
b6,
b7c
Assistant Field Office Director
, GEO Warden
, and ICE Supervising
b6, b7c
Detention Officer
led our delegation on a tour of the Facility and participated in posttour follow-up discussions. The delegation also met with other NWDC personnel during the
b6, b7c
b6, b7c
tour: Commander
, M.D., Lieutenant
, Officer b6, b7c , and
b6
Librarian
The delegation app
tion of t
duals;
they were
modating during our tour of the Facility.
Our report is based on the discussions we had with these NWDC and ICE personnel, as
well as observations of the Facility and discussions with nine immigration detainees. 3 In many
instances, the detainees’ reports were compatible with our observations and statements made by
Facility personnel. In such cases, the delegation was able to more accurately determine whether
NWDC policy and procedures successfully meet the Standards. In certain instances, however,
the detainees’ reports conflicted with statements made by Facility personnel. Where we were
unable to reconcile the conflicting reports, the delegation was unable to determine conclusively
whether the Standards are being met. Also note that statements supported only by citations to
the NWDC Detainee Handbook indicate instances where Facility personnel referred us to the
Handbook in response to our questions.
B. General Information About the Northwest Detention Center
NWDC houses federal immigration detainees, and is a contract detention facility
managed by the GEO Group, Inc. (“GEO”). GEO is a private company and operates various
facilities internationally. On the day of our visit, NWDC had a population of 1,012 inmates, but
has 1,038 beds total. 4 NWDC houses approximately ninety percent men. 5 The Facility houses
immigration detainees from many different countries, including Mexico, El Salvador,
Guatemala, and Honduras; the majority of the detainee population—an estimated 85%—is from
Mexico. 6

The delegation met with the following detainees:

b6, b7c

information but not of his name;
interviewed eight of these detain

b6, b7c
and
ns with the ninth:

b6, b7c

Notes of delegation member b6 on conversation with Director
visit in July 2006, the NWDC had a total capacity of 800.

5
6

Notes of delegation member

b6, b7c

The delegation
b6, b7c

. Please note that during a delegation

, on conversation with Warden

b6, b7c

, on conversation with Director

b6, b7c

Notes of delegation member

and Assistant Director

b6, b7c

October 16, 2007
Page 3

NWDC housing is organized into four units, each of which contains three pods (except
for one unit with two pods). 7 Two pods are double-bunked open rooms and one pod contains
double occupancy cells. 8 Within the pods, detainees are housed on two floors. 9 The first floor
beds open directly into a main room that contains a TV (and in some instances two TVs),
telephones, and a general seating area. 10 Detainees have access to this area from 5:30 a.m. to
11:30 p.m. daily and eat all meals in the main area of the pod. 11 On the second floor, cells open
onto a balcony that overlooks the main room. 12 Cells and common areas are cleaned weekly and
the detainees may shower daily. 13
The Facility is designed for keyless operation, and most of the security doors are
electronically opened by the unit control officer located in a room overlooking the pod. 14 Each
pod has an intercom through which detainees may communicate with the unit control officer. 15
The unit control officer is separated from the detainees by electric doors and shatter-proof
glass. 16 Deputies and correctional officers moving throughout the Facility do not appear to have
direct control over the opening of security doors since they use a telecom system to communicate
with a controller who opens the doors. 17 During waking hours, an officer sits on the ground
level inside each pod to supervise the detainees. 18
III.

PREVIOUS ABA REPORT ON NWDC

A review of the 2006 ABA report on NWDC shows that problems persist with regard to
Telephone Access, Access to Legal Materials, and Correspondence. The 2006 ABA report
indicated that the telephone system would disconnect a call if too many digits were entered,
which prevented detainees from reaching a legal service provider. 19 This problem has not been
resolved. Detainees in 2006 and 2007 reported that they were unaware that indigent detainees
are able to make free calls.20 Detainees in 2006 reported that they did not receive messages from

Observed by all delegation members.

Notes of delegation member

on conversation with Officer

b6, b7c

Notes of delegation member
all delegation member

Observed by all delegation members.

Notes of delegation member

2006 ABA report on NWDC at 11. The ABA delegation previously visited NWDC on July 26, 2006.

2006 ABA report on NWDC at 10.

on conversation with Assistant Director

b6, b7c

, on conversation with Assistant Director

b6, b7c

observed by

October 16, 2007
Page 4

friends, 21 and in 2007 NWDC apparently still does not take messages other than from attorneys
or in an emergency. In 2006 and in 2007, library time could conflict with recreation time. 22 In
2006 and in 2007, detainees reported that the Know Your Rights video was not regularly shown
to all detainees. 23 In 2006 a detainee indicated that indigent detainees incurred a debt for
sending mail; 24 in 2007 several detainees were either unaware that indigent detainees were
entitled to free postage, or believed free postage was not provided even upon request. Additional
problems are addressed in this report that were not raised in the 2006 report.
IV.

THE DETENTION STANDARDS AT NWDC
A. Visitation
1.

Visitation by Attorneys

The Standards require that facilities permit legal visitation seven days per week. 25
Attorneys should have access to their clients for as much as eight hours per day during the week
and four hours per day during the weekend. 26 The visits must be private and should not be
interrupted for head counts. 27 Facilities should establish a procedure by which attorneys may
call to determine whether a detainee is housed in a particular facility. 28 Detention centers should
permit visits from attorneys, other legal representatives, legal assistants, and interpreters. 29 In
contract detention facilities such as NWDC, detainees receiving legal visitation should only be
pat-searched after the visit, unless the detainee is suspected of concealing contraband, in which
case a strip search may be used. 30
NWDC substantially meets this section of the Standards, although signs give
conflicting information regarding attorney hours of visitation. Attorneys may visit the
detainees seven days per week. 31 Interpreters may accompany attorneys during visits with
detainees as long as the detainee’s attorney has cleared the interpreter with NWDC prior to the
visit (by providing their name and date of birth). 32

21
22
23
24

2006 ABA report on NWDC at 12.
2006 ABA report on NWDC at 14.
2006 ABA report on NWDC at 18.
2006 ABA report on NWDC at 19.

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

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

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

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

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.11.

NWDC Detainee Handbook, p. 12; notes of delegation member
Director b6, b7c
32

Notes of delegation member

, on conversation with Assistant

, on conversation with Assistant Director

b6, b7c

October 16, 2007
Page 5

The Facility has four attorney visitation rooms, and the doors to each room may be closed
to ensure privacy, but there is a small window through which guards may observe the meeting. 33
All legal visits are contact, unless a non-contact visit is requested. 34 Non-contact visits occur in
the public visitation area where detainees and visitors are separated by glass and speak via
telephone. 35 Facility staff stated that detainees are subject to a pat-down search before and after
a legal visit in the attorney visitation rooms, and that detainees are not subject to a strip search. 36
However, one detainee reported that he was subject to a strip search after a visit with a United
States Attorney. 37
Legal visits are not interrupted for head counts or meals. 38 If a detainee misses a meal
due to an attorney visit, he or she is provided with a sack meal. 39
The attorney visitation hours may be unclear to some attorneys because there are two
conflicting visitation schedules posted at the entrance to the Facility. 40 One sign states that
attorney visiting hours are from 6:00 a.m. until 11:00 p.m. seven days per week. A second sign
(immediately next to previous sign) states that attorney visiting hours are from 9:00 a.m. until
8:00 p.m. on Mondays, Thursdays, and Fridays; from 9:00 a.m. until 5:00 p.m. on Tuesdays and
Wednesdays; and from 8:00 a.m. until 3:00 p.m. on Saturdays, Sundays, and holidays. 41
Attorneys may call NWDC to determine whether their client is being housed at the
Facility. 42 They may also email Assistant Director b6, b7c to request this information. 43
2.

Visitation by Family and Friends

To maintain detainee morale and family relationships, the Standards encourage visits by
family and friends. 44 The Standards require that facilities establish written visitation hours and
procedures, post them where detainees can see them, and make them available to the public, both
in written form and telephonically with a live voice or recording. 45 The visiting area is to be

Observations of delegation member

Notes of delegation member

Observations of delegation member

Notes of delegation member

NWDC Detainee Handbook, p. 12.

Observations of delegation members

on conversation with Assistant Director

b6, b7c

on conversation with a Facility visitation guard.
b6

on conversation with detainee

b6, b7c

on conversation with Assistant Director

and

Observations of delegation members

Notes of delegation member

b6, b7c

and

, on conversation with Assistant Director
b6, b7c

Notes of delegation member

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

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

, on conversation with Assistant Director

October 16, 2007
Page 6

“appropriately furnished and arranged, and as comfortable and pleasant as practicable.” 46
Visiting hours shall be set on Saturdays, Sundays, and holidays, and the Standards encourage
facilities to accommodate visitors at other times when they are facing a particular hardship. 47
Visits should be at least thirty minutes long, and longer when possible. 48 If a facility does not
provide for visits from minors, ICE should arrange for visits with children or stepchildren within
the detainee’s first thirty days at the facility, with continuing monthly visits. 49
NWDC substantially meets this section of the Standards, although the visiting
schedule is not available telephonically. In addition, there are conflicting visitation
schedules posted, so visitors may not be aware of the hours of visitation, and one schedule
does not provide for holiday visitation. There are two conflicting visitation schedules posted
at the entrance to the Facility. One sign states that the facility is “open” from 8:00 a.m. until
11:00 a.m. and from 1:00 p.m. until 3:30 p.m. on Thursdays, Fridays, Saturdays, Sundays, and
Mondays. 50 These hours are consistent with the NWDC Detainee Handbook. 51 A second sign
(immediately next to previous sign) states that “social visits” may occur from 1:00 p.m. until
8:00 p.m. on Mondays, Thursdays, and Fridays; and from 8:00 a.m. until 3:00 p.m. on Saturdays,
Sundays, and holidays. 52 Both schedules provide that each detainee may receive visitors either
on Saturday or Sunday. Only the second schedule provides that detainees may receive visitors
on holidays. Neither schedule mentions whether detainees may receive visitors at other times if
they are facing a particular hardship. 53
The visiting schedule is publicly posted via ICE’s website, but it is not provided
telephonically. 54 The NWDC Detainee Handbook states that visitors are limited to one session
per day. 55 Visitors are allowed up to one hour, with a thirty-minute minimum dependent upon
the number of visitors and staff availability. 56 More time may be authorized by the Shift
Supervisor for family members traveling significant distances. 57 A maximum of two adults and
two children may visit a detainee at any one time, although this regulation will be interpreted

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

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

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

Observations of delegation members

NWDC Detainee Handbook, p. 11.

Observations of delegation members

Notes of delegation member
delegation member
b6
55

and

and
b6

.
b6

and

on conversation with Assistant Director

observations of

NWDC Detainee Handbook, p. 11.

NWDC Detainee Handbook, p. 11; notes of delegation member
Director b6,b7c
57

b6,b7c

NWDC Detainee Handbook, p. 11.

, on conversation with Assistant

October 16, 2007
Page 7

flexibly and subject to exceptions. 58 One detainee reported an instance when five family
members came to visit but the entire visit only lasted twenty minutes before an officer cut it
short. 59
B. Telephone Access
1.

General Requirements

The Standards require that facilities provide detainees with reasonable and equitable
access to telephones during established facility waking hours.60 In order to meet this
requirement, facilities must provide at least one telephone for every twenty-five detainees. 61 The
Standards also require that telephone access rules be provided in writing to each detainee upon
admittance, and that the rules be posted where detainees may easily see them. 62
NWDC meets this section of the Standard. Each housing unit has its own set of
phones. 63 There is approximately one phone per twenty detainees, with four or five phones in
each of the twelve housing units or “pods.” 64 The telephones are turned on following the
completion of sanitation duties each morning and remain on until lights out at 11:30 p.m. 65
Telephone access rules are provided in the NWDC Detainee Handbook, which each
detainee receives upon admittance. 66 Telephone access rules are also posted next to the phones
in both English and Spanish. 67 However, as discussed below, detainees may not be aware of
their right to make free calls under certain circumstances.
2.

Direct Calls and Free Calls

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. 68 The facility cannot require
indigent detainees to pay for these types of calls if local, nor for non-local calls if there is a

NWDC Detainee Handbook, p. 11.

Notes of delegation member

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.

Observations of delegation member

, on conversation with detainee

b6, b7c

.
b6

Observations of delegation member

NWDC Detainee Handbook, p. 9.

NWDC Detainee Handbook, p. 9; notes of delegation member
Assistant Director b6,b7c

Observations of delegation member

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

, on conversation with

October 16, 2007
Page 8

compelling need. 69 In addition, the facility “shall enable all detainees to make calls to the [ICE]provided list of free legal service providers and consulates at no charge to the detainee or the
receiving party.” 70
NWDC does not fully meet this section of the Standard; indigent detainees may not
be aware of their right to make free calls in certain circumstances because the telephone
access rules for indigent detainees are not posted or in the handbook. In addition, the
delegation was unable to get through to one of the consulates listed. Finally, there is a
maximum number of digits that may be entered on the telephones, so calls that involve
navigating a touch-tone menu system are cut off. Detainees are able to make direct calls to
any number using a calling card, and they are generally able to make calls to legal service
providers or to consulates at no charge. 71 There is a list of phone numbers for free legal service
providers and consulates posted on the walls in the pods. 72 The delegation successfully called
the Greater Tacoma field office of the Northwest Immigrant Rights Project (“NWIRP”) and the
consulates of China and El Salvador using the numbers posted in the pods without charge. 73 The
delegation was not able to make a call to the Jamaican consulate and instead received a
“restricted number” message. 74 The Facility conducts daily checks to ensure that the phones in
the pods are operational. 75 In addition, three hundred telephone numbers per week are checked
to ensure that they work properly. 76
The telephone system plays a prompt that requires the dialing party to choose between
placing a collect call or placing a call using a calling card. 77 In order to make free calls to the
legal service providers and consulates, the dialing party is required to choose the collect call
option, although the receiving party is not charged. 78 This may be confusing to some detainees.
Assistant Director b6,b7c stated that the Facility will be changing to a speed-dial system for free
calls, which should simplify the process of making free calls. 79
Indigent detainees are not required to pay for telephone calls to the local immigration
court and the Board of Immigration Appeals, federal and local courts, government offices, and

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

Notes of delegation member

Observations of delegation members

Observations of delegation member

Notes of delegation member

on conversation with Assistant Director
and
b6

and

on conversation with Assistant Director

b6,b7c

on conversation with Assistant Director

b6,b7c

Notes of delegation member

Observations of delegation members

and

Observations of delegation members
conversation with Assistant Director b6,b7c
Notes of delegation member

.
b6

b6,b7c

and

; notes of delegation member

on conversation with Assistant Director

b6,b7c

, on

October 16, 2007
Page 9

family members in case of emergency. 80 In order to exercise this right, indigent detainees must
file a request at least seventy-two hours in advance. 81 However, indigent detainees may not be
aware of this rule because the telephone access rules contained in the NWDC Detainee
Handbook and posted near the telephones do not address indigent detainees. 82 The NWDC
Detainee Handbook states that detainees may complete a detainee request form to access an
office telephone “[i]f [they] are unable to place calls from the telephone in [the] housing unit.” 83
b6, b7c
Detainee
stated that indigent detainees are not aware of their rights to make
b6, b7c
stated that detainees who cannot afford to purchase
free phone calls. Detainee
a calling card typically either earn money in the volunteer work program in order to purchase a
calling card, or they borrow a calling card from another detainee. 85
b6,b7c
Detainee
also stated that there is a maximum number of digits that may be
86
dialed on the telephones. Therefore, he sometimes gets cut off when navigating touch-tone
menu systems. 87

Telephone Access to Legal Representatives

The Standards provide that the facility shall not restrict the number of calls a detainee
places to his 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. 88 If time
limits are necessary, they shall be no shorter than twenty minutes. 89 The Standards require that
the facility ensure privacy for detainees’ telephone calls regarding legal matters, and that calls
shall not be electronically monitored absent a court order. 90
NWDC does not fully meet this section of the Standards; all calls including legal
calls are monitored and non-private, unless a detainee requests an unmonitored or private
call five days in advance, and detainees are not notified in the Handbook or postings that
they are entitled to private legal calls. All telephone calls are electronically monitored unless
the detainee files a request form at least five days in advance, without any exceptions for calls to
legal representatives. 91 Signs near the telephones in the pods state that calls will not be
80

Notes of delegation member

on conversation with Officer

b6,b7c

on conversation with Officer

b6,b7c

Notes of delegation member

Observations of delegation member

NWDC Detainee Handbook, p. 9.

Notes of delegation member

b6
b6

, on conversation with detainee
on conversation with detainee

b6, b7c

on conversation with detainee
b6

b6, b7c

Notes of delegation member

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

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

Notes of delegation member

on conversation with detainee

on conversation with Officer

b6,b7c

October 16, 2007
Page 10

monitored if it is to a legal representative.92 However the detainee must request that the call not
be monitored. 93 According to a sign posted near the telephones, the detainee must submit the
name and phone number of the legal representative, and it will take five days to complete the
request and to program the phones. 94 Similarly, telephone calls with legal representatives must
be made on the phones in public areas unless the detainee files a request form at least five days
in advance to use a phone that is not located in the public space of each pod. 95 The telephones
are not private: they are located in the open areas, and there are no partitions. 96 Detainees may
not be aware of the option to make private calls to legal representatives because the telephone
access rules contained in the NWDC Detainee Handbook and posted near the telephones do not
address this option. 97 The standard detainee request form also does not list phone calls to legal
representatives as an option in the “Type of Request” section. 98
4.

Incoming Calls and Messages

The Standards require that facilities take and deliver telephone messages to detainees as
promptly as possible. 99 If the facility receives an emergency telephone call for a detainee, the
Standards require that the facility obtain the caller’s name and number and permit the detainee to
return the emergency call as soon as possible. 100
NWDC does not fully meet this section of the Standards. Telephone messages from
attorneys and emergency telephone calls are delivered to detainees as soon as possible, but
other messages are not recorded and delivered. 101
5.

Telephone Privileges in Special Management Unit

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. 102
NWDC meets this section of the Standards. In accordance with the NWDC Detainee
Handbook’s provision which grants the same rights to segregated detainees as to non-segregated

Observations of delegation member

Notes of delegation member

Observations of delegation member

Notes of delegation member

Observations of delegation member

NWDC Detainee Request Form (revised 1/11/07).

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

on conversation with Officer

.
b6,b7c

, on conversation with Assistant Director
b6

100

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

101

Notes of delegation member
b6
on conversation with

102

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

b6,b7c

, on conversation with Officer

b6,b7c

notes of delegation member

October 16, 2007
Page 11

detainees, detainees placed in the SMU for disciplinary reasons are given the same telephone
privileges as those in general housing. 103
C. Access to Library and Legal Material
All facilities “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.” 104
1.

Library Access

The Standards suggest that each facility shall have a flexible schedule for law library use
that permits all detainees, regardless of housing or classification, to use the law library on a
regular basis. 105 Each detainee shall be permitted to use the law library for a minimum of five
hours per week. 106 In addition, special requests for additional time in the library shall be
accommodated if possible, with priority given to detainees facing a court deadline. 107 The
facility shall not force detainees to “forgo their minimal recreation time, as provided in the
‘Detainee Recreation’ standard, to use the law library.” 108 The facility’s library schedule should
take into account those rules that “prohibit or regulate the intermingling of differently classified
detainees.” 109
NWDC substantially meets this section of the Standards, although library time can
conflict with recreation time, and one detainee stated that requests for additional time in
the library were rarely, if ever, granted, even for those with an impending court date. Law
library use is permitted in one-hour increments, Monday through Friday, as follows: 7:50 a.m. to
8:50 a.m., 8:50 a.m. to 9:50 a.m., 9:50 a.m. to 10:50 a.m., 10:50 a.m. to 11:50 a.m., 1:50 p.m. to
2:50 p.m., and 2:50 p.m. to 3:50 p.m. 110 Detainees may use the law library for a maximum of
one hour per day, five days per week. 111 Around thirty detainees utilize the law library daily. 112
To use the law library, a detainee must submit a request form one day in advance of the intended
use. 113 Detainees facing court deadlines are given special priority in their requests for additional

103

Notes of Delegation member

104

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

105

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

106

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

107

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

108

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

109

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

110

NWDC Detainee Handbook, p.10; notes of delegation member

on conversation with Director

, on conversation with Librarian

111

Notes of delegation member

112

Notes of delegation member

113

Notes of delegation member

, on conversation with Librarian
b6

, on conversation with Librarian
, on conversation with Librarian

b6, b7c

.
b6

.
.

October 16, 2007
Page 12

b6
library time. 114 According to Librarian
a detainee facing a court deadline is afforded
b6
up to three hours of library use per day,
er week. 115 Although Librarian
explained that requests for this additional time (up to three hours per day) are gener
granted, 116 one detainee stated that extensions, even in the face of an impending court date, were
rarely, if ever, awarded. 117

Although the standards proscribe forcing detainees to choose between library use and
b6
recreation time, Librarian
indicated that such a decision may be required of detainees,
especially in situations wh
e recreation time cannot be arranged. 118
During the delegation’s tour of the Facility, detainees from all three classification levels
b6
confirmed that differently classified detainees
were present in the library. 119 Librarian
are permitted to intermingle in the librar
2.

Library Conditions

The Standards require that the facility provide a law library with sufficient space to
facilitate detainees’ legal research and writing. 121 Furthermore, it must be large enough “to
provide reasonable access to all detainees who request its use. It shall contain a sufficient
number of tables and chairs in a well-lit room, reasonably isolated from noisy areas.” 122
NWDC meets this section of the Standards. NWDC provides one library, measuring
approximately four hundred square feet. 123 The library is well-lit and sufficiently set back from
the noisy hallway area so as to provide detainees a quiet workspace. 124 Although the facility
offers seating for fifteen, the library seemed crowded with eight to ten detainees present during
the delegation’s visit.125
3.

Materials Identified in the Detention Standards

114

NWDC Detainee Handbook, p.10.

115

Notes of delegation member

on conversation with Librarian
b6

116

Notes of delegation member

117

Notes of delegation member

118

Notes of delegation member

on conversation with Librarian
on conversation with detainee A.

b6
b6

, on conversation with Librarian

119

Observation of delegation members

120

Notes of delegation member

121

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

122

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

123

Observation of delegation member

124

Observation of delegation member

125

Observation of delegation member

and

on conversation with Librarian

October 16, 2007
Page 13

The Standards require that all facility law libraries contain the materials listed in
Attachment A to the chapter on Access to Legal Materials. 126 These materials must be updated
regularly, and information added in a timely manner regarding significant regulatory and
statutory changes related to detention and deportation of aliens. 127 Damaged or stolen materials
must be promptly replaced. 128 Illiterate or non-English speaking detainees without representation
must be provided with more than access to a set of English-language law books. 129 The facility
must establish procedures to meet this obligation, and if the methods adopted by the facility are
unsuccessful in providing the detainee with sufficient assistance in using the law library and
contacting pro bono legal organizations, the facility will contact ICE to determine appropriate
further action. 130
NWDC does not fully meet this section of the Standards; non-English speakers have
few resources available to them, and are not provided sufficient assistance in using the law
library and contacting pro bono legal organizations. NWDC’s library contains all of the
materials required by the Standards. 131 Although Lawyer’s Committee Handbook on
Representing Asylum Applicants was not found on the shelf, several detainees familiar with the
library were confident that the book was always on the shelf and hence must have been in use by
another detainee. 132 In addition, the resources stocked in the library were up-to-date in
b6
accordance with the specifications of Attachment A. 133 According to Librarian
library materials are checked and updated on a weekly basis. 134 This process involves a
comparison of the books on hand with those specified in Attachment A. 135 The library also
provides detainees with access to Lexis-Nexis on CD-ROM; 136 however, the CD-ROM contains
a limited database and does not link to all of the cases it cites. 137 Items which are damaged or
stolen are reported to ICE, which provides replacement material to the Facility. 138 The length of

126

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

127

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

128

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

129

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

130

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

131

Observations of delegation members

132

Observations of delegation member
using the library.
Observations of delegation members

134

Notes of delegation member

135

Notes of delegation member

136

Notes of delegation member
member b6 .

137

Observations of delegation member

138

Notes of delegation member

, and

notes of delegation members on conversation with detainees

133

, and

, on conversation with Librarian

on conversation with Librarian

observation of delegation

October 16, 2007
Page 14

this process is a function of the availability of the lost or damaged material. 139 Librarian
b6
noted that additional materials can be requested through ICE. 140
Non-English-language resources were notably lacking from the Facility, 141 and no clear
process exists to provide non-English speakers research assistance. 142 In particular, one detainee
indicated that a lack of Spanish resources, coupled with the lack of assistance available for
Spanish speakers in the library, made legal research for Spanish speakers an almost impossible
task. 143 Another detainee noted that the only way non-English speaking detainees are able to get
the assistance they need is through other detainees in their pods. 144
4.

Library Equipment and Supplies

The Standards require that the law library provide an adequate number of typewriters
and/or computers, writing implements, paper, and office supplies to enable detainees to prepare
documents for legal proceedings. 145 Staff must inspect at least weekly to ensure equipment is in
working order and to stock sufficient supplies. 146
NWDC meets this section of the Standards. NWDC provides five computers and one
typewriter, all of which were in working order. 147 The library also offers free paper and
pencils. 148 Detainees are able to save their work on diskettes, 149 which are kept behind the desk
of the law librarian. 150
5.

Photocopies

The Standards provide that 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. 151 Enough copies must be provided so that a detainee can

139

Notes of delegation member
b6

, on conversation with Librarian

140

Notes of delegation member

141

Observation of delegation members

142

Notes of delegation member

143

Notes of delegation member

144

Notes of delegation member

145

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

146

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

147

Observation of delegation member

148

Observation of delegation member

149

Notes of delegation member

150

Notes of delegation member

151

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

on conversation with Librarian

and Assistant Director

on conversation with detainee A.

, on conversation with detaineeb6, b7c

and

on conversation with Librarian

b6,b7c

October 16, 2007
Page 15

fulfill court procedural rules and retain a copy for his records. 152 Facility personnel may not read
a document that on its face is clearly related to a legal proceeding involving the detainee. 153
It is unclear whether NWDC fully meets this section of the Standards, in light of one
detainee’s complaints of delays in receiving photocopies. Although the library does not itself
contain a photocopier, 154 the Facility provides photocopying services upon request. 155
Photocopies are provided to detainees at no charge if the documents being copied pertain to legal
proceedings involving the detainee. 156 Documents to be copied are submitted to the law
librarian, and the copies are distributed to the detainees within seventy-two hours. 157 However,
Detainee b6, b7c reported an instance when he did not receive his photocopies for two weeks. 158
6.

Assistance From Other Detainees

The Standards require that each facility permit detainees to assist other detainees in
researching and preparing legal documents upon request, except when such assistance poses a
security risk. 159
b6
NWDC meets this section of the Standards. Librarian
stated that
160
collaboration between detainees is permitted, and the delegation observed such collaboration
during the library tour. 161

D. Group Rights Presentations
The Standards provide that facilities holding ICE detainees shall permit authorized
persons to make presentations to groups of detainees for the purpose of informing them of
immigration law. 162 Informational posters are to be prominently displayed in the housing units
at least forty-eight hours in advance of a scheduled presentation. 163 While the presentations are
open to all detainees, the facility can limit the number of detainees at a single session. 164 In

152

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

153

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

154

Observation of delegation member

155

Notes of delegation member

156

Notes of delegation member

157

Notes of delegation member

158

Notes of delegation member

159

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

160

Notes of delegation member

161

Observation of delegation member

162

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

163

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

164

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

, on conversation with Librarian
b6

, on conversation with Librarian

, on conversation with Librarian
on conversation with detainee

on conversation with Librarian

b6, b7c

October 16, 2007
Page 16

addition, detainees shall have regular opportunities to view an ICE-approved videotaped
presentation on legal rights. 165
NWDC substantially meets this section of the Standards; however, it is unclear
whether the Know Your Rights video is shown on a regular basis. While the NWDC
Detainee Handbook provides that “Group legal rights presentations are presented weekly,” 166
Director b6, b7c said that presentations were made by NWIRP on an almost weekly basis. 167
NWIRP
rs to be the sole organization to make group legal rights presentation at the
Facility. 168 If additional organizations expressed interest in presenting, they would be able to do
so, “subject to the legal department verifying that the organizations are bona fide legal
organizations.” 169 Presentations are held in the Facility’s recreation space, and are open to all
detainees. 170 For detainees in segregation, special arrangements are made for presentations to be
given in their respective pods. 171 Presenters from NWIRP routinely meet with detainees in small
groups after their presentations, 172 and this practice is permitted by the Facility. 173 Although
NWDC does not provide translation services for visiting presenters, NWIRP employees are
generally conversant in Spanish and, if not, they provide their own interpreter. 174 One detainee
has attended several presentations conducted in Spanish. 175
The “Know Your Rights” video created by the Florence Project is aired on televisions
inside the Facility. 176 Although Director b6, b7c informed the delegation that the video was shown
in English and Spanish every morning, 177 one detainee reported never having seen the video in
its entirety, 178 while others stated that it was shown irregularly, 179 and more frequently in some
pods than others. 180

165

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

166

NWDC Detainee Handbook, p.13.

167

Notes of delegation member

on conversation with Director

168

Notes of delegation member

on conversation with Director

169

Notes of delegation member

on conversation with Director

b6, b7c

170

Notes of delegation member

on conversation with Director

171

Notes of delegation member

on conversation with Director

172

Notes of delegation member
member
on conve
b6

on c
inee

th detainee

b6, b7c

notes of delegation

b6, b7c

173

Notes of delegation member

on conversation with Director

174

Notes of delegation member

on conversation with Director

175

Notes of delegation member

on conversation with detainee A.

176

Notes of delegation member

b6, b7c

on conversation with Director
b6

b6, b7c

177

Notes of delegation member

on conversation with Director

178

Notes of delegation member

on conversation with detainee

179

Notes of delegation member

on conversation with detainees A and

180

Notes of delegation member

on conversation with detainee

b6, b7c

October 16, 2007
Page 17

E. Correspondence and Other Mail
The Standards require that detainees be allowed to send and receive correspondence in a
timely manner, subject to limitations required for safety, security, and orderly operation of the
facility. 181 General correspondence shall normally be opened and inspected for contraband in
the presence of the detainee, but may be opened and read outside the presence of the detainee if
security reasons exist for doing so. 182 Special correspondence—which includes all written
communication to or from attorneys, legal representatives, judges, courts, government officials,
and the news media—is treated differently. 183 Incoming special correspondence can be
inspected for contraband only in the presence of the detainee, and it can never be read or
copied. 184 Outgoing special correspondence cannot be opened, inspected, or read. 185 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. 186 Finally, the Standards require that facilities notify detainees of
specific information regarding correspondence policies. 187
NWDC does not fully meet this section of the Standards; outgoing special
correspondence is inspected. In addition, it is unclear whether indigent detainees receive
free postage. NWDC’s policies regarding correspondence are outlined in the NWDC Detainee
Handbook and appear to be well-known among all of the detainees whom the delegation
interviewed. 188 Incoming general and special correspondence is opened in the presence of the
recipient detainee and inspected for contraband; neither type of mail is read. 189 The Facility
inspects outgoing correspondence, including legal correspondence: detainees are required to
open their correspondence and then reseal it before shipment. 190 NWDC does not permit
detainees to send or receive packages unless they are pre-approved by the administration. 191
According to the detainee handbook, indigent detainees “may send up to three personal
letters per week, weighing no more than two ounces each, at no cost” and “a reasonable number
of special correspondence may also be sent out at no cost.” 192 Director b6, b7c indicated that a
181

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

182

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

183

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

184

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

185

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

186

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

187

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

188

NWDC Detainee Handbook, p. 15; notes of delegation, on conversations with detainees
b6, b7c
and b6,b7c

189

NWDC Detainee Handbook, p.15; notes of delegation member

190

Notes of delegation member

191

NWDC Detainee Handbook, p.15.

192

NWDC Detainee Handbook, p.15.

on conversation with Officer

b6, b7c

on conversation with Officer

b6, b7c

October 16, 2007
Page 18

detainee could send up to five pieces of special correspondence per week.193 However, several
of the detainees interviewed by the delegation were either unaware that indigent detainees were
entitled to free postage, 194 or believed that the Facility did not provide free postage to indigent
detainees even when it was requested. 195 Although checks sent to a detainee are returned to
sender, the Facility permits the detainees to receive cash, which is added to the detainee’s
account. 196 One detainee experienced routine delays in having the money that is sent to him
added to his account. 197
Detainees generally indicated that delivery of incoming mail is free of delay, 198 and that
the Facility never limits the amount of mail that a detainee can send or receive at his own
expense. 199 Detainee responses on the subject of whether or not incoming and outgoing mail
was inspected varied widely. While some detainees were under the impression that no outgoing
mail is inspected, and that only incoming general correspondence is inspected, 200 others believed
that all incoming mail is inspected. 201
F. Detainee Handbook
The Standards require that every Officer in Charge develop a site-specific detainee
handbook to serve as an overview of detention policies, rules, and procedures. 202 Every detainee
should receive a copy of the handbook upon admission to the facility. 203 The handbook will be
written in English and translated into Spanish and other prevalent languages as appropriate. 204
The handbook must include visitation hours and rules. 205 The handbook must notify detainees of
the facility correspondence policy. 206 The grievance section of the handbook must provide
notice of the opportunity to file both formal and informal grievances and the procedures for
filing grievances and appeals. 207 The handbook must provide notice of the facility’s rules of

193

Notes of delegation member

, on conversation with Director

b6, b7c

194

b6
Notes of delegation member
, on conversation with detainee
delegation member
, on conversation with detainee
b6
b6, b7c

195

Notes of delegation member

196

Notes of delegation member

197

Notes of delegation member

198

Notes of delegation member

, on conversation with detainee

on conversation with Officer

b6, b7c

, on conversation with detainee A.
, on conversation with detainee

b6, b7c

199

Notes of delegation member

200

Notes of delegation member

201

Notes of delegation member

202

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

203

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

204

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

205

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

206

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

207

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

on conversation with detainee
b6
b6

b6, b7c

on conversation with detainee
on conversation with detainee

b6, b7c

; notes of

October 16, 2007
Page 19

conduct and the sanctions imposed. 208 It must advise detainees of rights including the right to
protection from abuse, right to freedom from discrimination, and right to pursue a grievance. 209
The handbook must also state that detainees have the opportunity to submit written questions,
requests, or concerns to ICE staff and the procedures for doing so. 210 The Officer in Charge will
provide a copy of the handbook to every staff member who has contact with detainees. 211
NWDC meets this section of the Standards. The NWDC Detainee Handbook is
available in both English and Spanish. 212 The NWDC Detainee Handbook includes proper
mention of visitation hours and rules, 213 correspondence policies, 214 formal and informal
grievance processes, 215 rules of conduct and sanctions, 216 and detainee rights and
responsibilities. 217 All but one of the detainees interviewed by the delegation received a NWDC
Detainee Handbook upon admission and were aware of its existence in English and Spanish
translation. 218
G. Recreation
The Standards require that all detainees have access to recreational programs and
activities, under conditions of security and safety. 219 Detainees should be housed in facilities
with outdoor recreation. 220 Detainees should have access to “fixed and movable equipment,”
including opportunities for cardiovascular exercise, and games and television in dayrooms. 221
Under no circumstances will a facility require detainees to forego law library privileges for
recreation privileges. 222

208

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

209

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

210

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

211

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

212

Observations of delegation member

213

NWDC Detainee Handbook, p. 11.

214

NWDC Detainee Handbook, pp. 15-16.

215

NWDC Detainee Handbook, p. 19.

216

NWDC Detainee Handbook, pp. 16-19.

217

NWDC Detainee Handbook, pp. 24-25.

218

Notes of delegation, on conversations with detainees
and b6,b7c notes of delegation m
b6, b7c
b6, b7c
.

219

b6, b7c
b6

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

220

Detention Operations Manual, Detainee Services, Standard 13, Section III.A, which also provides that “all new or
renegotiated contracts and IGSAs will stipulate that INS detainees have access to an outdoor recreation area.”

221

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

222

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

October 16, 2007
Page 20

NWDC meets this section of the Standards. NWDC provides two types of outdoor
recreation. Each housing unit is linked to a small outdoor recreation area, which is available to
detainees from 8:00 a.m. to 8:00 p.m. each day. 223 Detainees are also given the opportunity to
use the outside recreation yard for approximately one hour, two or three times per week. 224
There are chin-up and dip bars available in the outside recreation yard, as well as basketballs and
basketball hoops. 225
NWDC also provides indoor recreation in the housing unit dayrooms. There are three
televisions available in each dayroom, and detainees may listen to the audio via a headset. 226
Some television programs are in English, and some are in Spanish. 227 Detainees may also play
checkers, cards, and dominoes in the dayrooms. 228 The dayrooms do not provide equipment for
muscular or cardiovascular exercise. 229
H. Access to Medical Care
The Standards require that all detainees have access to medical services that promote
detainee health and general well-being. 230 Each facility is required to provide detainees with an
initial medical screening, in addition to regularly scheduled times, known as sick call, when
medical personnel are available to see detainees who have requested medical services. 231 For a
facility of over 200 detainees, there must be sick call five days per week. 232 Facilities must also
have procedures in place to provide emergency medical care for detainees who require it. 233
With respect to emergency care, the Standards state that in a situation where a detention officer
is uncertain whether a detainee requires emergency medical care, the officer should immediately
contact a health care provider or an on-duty supervisor. 234 If a detainee is diagnosed as having a
medical or psychiatric condition requiring special attention (e.g., special diet), the medical care
provider is required to notify the Officer in Charge in writing. 235

223

Observations of delegation member

224

Notes of delegation member
on conversation with
b6

b6, b7c

NWDC Detainee Handbook, p. 20.

on conversation with detainee b6, b7c notes of delegation member

225

Observations of delegation members

226

Observations of delegation member

227

Notes of delegation member

, on conversation with Officer

b6,b7c
b6,b7c

and

228

Notes of delegation member

, on conversation with Officer

229

Observations of delegation member

230

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

231

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

232

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

233

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

234

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

235

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

October 16, 2007
Page 21

It is unclear if NWDC meets this section of the Standards; the delegation received
several reports of inadequate medical attention from detainees. All detainees at NWDC are
screened for medical issues upon their initial processing, which takes place on the day they arrive
at the facility. 236 Each detainee is questioned regarding prior health history, current health,
medical history, and tuberculosis (“TB”). 237 Every detainee is also given a chest exam to test for
TB. 238 If a detainee refuses the chest exam, a skin test will be performed. 239 If health concerns
are raised during this screening process, the individual is referred to a physician for additional
tests beyond the initial screening. 240 The facility only tests for HIV if it is brought to the
attention of medical personnel. 241 Those who appear to have potential mental health issues,
including suicidal tendencies, may be kept separately and monitored closely by the staff. 242 Dr.
b6
noted that there is a vacant mental health position, and he has assumed mental health
until the position is filled. 243 The facility also performs a comprehensive medical
examination within 14 days of admittance. 244
NWDC conducts sick call for men Monday through Friday at 6:00 a.m., and detainees
participate by lining up in the hallway during the appropriate time. 245 Women must fill out a
Request for Medical Care form in order to access facility medical staff for sick call. Only certain
medical procedures will be performed, often times based on the estimated length of stay of the
detainee. 246 There is no formal communication between the health staff and ICE, and health
staff does not have access to ICE databases, thus information regarding the estimated length of
stay of a detainee is discussed informally. 247
Some detainees complained of not receiving adequate medical treatment. One detainee
had a foot injury, which was aggravated by the shoes supplied to him by the facility. 248 Medical
staff told the detainee to get larger shoes, but as the detainee is indigent, this option was not
possible. 249 Another detainee reported that he is never given advance notice of his medical

236

Notes of delegation member

237

Notes of delegation member

238

Notes of delegation member

239

Notes of delegation member

240

Notes of delegation member

, on conversation with Dr.

on conversation with Dr.

on conversation with Dr.
, on conversation with Dr.
b6

Notes of delegation member

242

Notes of delegation member

243

Notes of delegation member

, on conversation with Dr.

244

Notes of delegation member

on conversation with Dr.

245

NWDC Detainee Handbook, p. 7; notes of delegation member

246

Notes of delegation member
Notes of delegation member
Notes of delegation member

249

, on conversation with Dr.
on conversation with Dr.

b6
b6
b6

, on conversation with Dr.

on conversation with Dr.
b6

248

.
b6

on conversation with Dr.

and Assistant Director

, on conversation with detainee

.
b6, b7c

Notes of delegation member

b6,b7c

on conversation with Dr.

241

247

and Officer

, on conversation with detainee

b6,b7c

October 16, 2007
Page 22

appointments. 250 A third detainee has a respiratory problem that he feels needs urgent attention,
but his requests for medical care have been ignored. 251
I. Hunger Strikes
The Standards require that all facilities follow accepted standards of care in the medical
and administrative management of hunger-striking detainees. 252 Facilities must do everything
within their means to monitor and protect the health and welfare of the hunger-striking detainee
and must make every effort to obtain the hunger striker’s informed consent for treatment.253
NWDC meets this section of the Standards. If a detainee declares a hunger strike, the
medical staff then assesses the mental state of the patient, and regularly monitors the patient,
including his or her food and liquid intake, weight, and vital signs. 254 Often times, a detainee on
hunger strike will be segregated to more easily monitor his health and to prevent other detainees
from also going on hunger strike. 255 When necessary, the Facility can obtain a court order to
force-feed a detainee on hunger strike. 256
J. Detainee Classification System
The Standards require that detention facilities use a classification system and physically
separate detainees depending on classification category. 257 Detainees must be assigned to the
least restrictive housing unit consistent with facility safety and security. 258 A detainee’s
classification is to be determined on “objective” criteria, including criminal offenses, escape
attempts, institutional disciplinary history, violent incidents, etc. 259 Opinions, unconfirmed and
unverified information, and physical characteristics and appearance are not to be taken into
account. 260 Classification is required in order to separate detainees with no or minimal criminal
records from inmates with serious criminal records. 261 Detainees with a history of assaultive or
combative behavior are not to be housed with non-violent detainees. 262

250

Notes of delegation member

, on conversation with detainee A.
b6

251

Notes of delegation member

252

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

253

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

254

Notes of delegation member

255

Notes of delegation member

256

Notes of delegation member

257

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

258

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

259

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

260

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

261

Detention Operations Manual, Detainee Services, Standard 4, Sections III.A & E.

262

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

, on conversation with detainee

on conversation with Dr.

b6
b6
b6

on conversation with Dr.

b6, b7c

October 16, 2007
Page 23

All facility classification systems shall allow classification levels to be redetermined and
include procedures by which new arrivals can appeal their classification levels. 263 Finally, the
detainee handbook’s section on classification must include (1) an explanation of the
classification levels, with the conditions and restrictions applicable to each, and (2) the
procedures by which a detainee may appeal his classification. 264
NWDC meets this section of the Standard. Detainees are classified within thirty
minutes of their arrival at NWDC, before being admitted into the general population. 265 This
quick classification is consistent with the Facility’s broader “12-hour rule” which aims to place
detainees in their pods within half a day of their arrival. 266 According to the NWDC Detainee
Handbook, classification is based on “[m]edical a
al history information provided by the
committing officer.” 267 According to Lieutenant b6, b7c , detainees are classified solely
according to information on Form 213 provided b
Two detainees confirmed that their
classification upon arrival was immediate.269
Detainees are classified into one of three classification levels. 270 Level one detainees are
the lowest risk detainees in the Facility. 271 Level one may include detainees with minor criminal
records and nonviolent felonies, but it does not include detainees with felony convictions that
include an act of physical violence or aggravated felony convictions. 272 Level three detainees
are the highest risk detainees in the Facility.273 Level three includes detainees “reclassified from
levels one and two due to institutional incidents or changes in classification information.” 274
Level three detainees require medium- to maximum-security housing, and they are “always
monitored and escorted.” 275 Level two includes detainees who fall between levels one and
three. 276 Detainees for whom there is insufficient information on Form 213 for classification
purposes are assigned level one classification. 277 Gay, lesbian, and transgender detainees are not
263

Detention Operations Manual, Detainee Services, Standard 4, Sections III.G & H.

264

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

265

Notes of delegation member

on conversation with Lieutenant

Notes of delegation member

267

NWDC Detainee Handbook, p. 5.

268

Notes of delegation member

on conversation with Lieutenant

269

Notes of delegation member
delegation member
b6

270

NWDC Detainee Handbook, p.5.

271

Notes of delegation member

272

NWDC Detainee Handbook, p. 5.

273

Notes of delegation member

b6, b7c

, on conversation with detainee
ation with detainee
b6, b7c

on conversation with Director

, on conversation with Director

b6, b7c

.
b6, b7c

274

NWDC Detainee Handbook, p. 5.

275

NWDC Detainee Handbook, p. 5.

276

Notes of delegation member

277

b6, b7c

266

, on conversation with Director

Notes of delegation member

, on conversation with Lieutenant

b6, b7c

; notes of

October 16, 2007
Page 24

treated differently in the classification process, although they may at their discretion request
administrative segregation for safety reasons.278 Director b6, b7c recounted an incident in which
the Facility segregated a transgender detainee because of t
of violence against her. 279
Detainees are outfitted in uniforms that correspond to their classification level. Level one
detainees wear blue uniforms, level two detainees wear orange uniforms, and level three
detainees wear red uniforms. 280 Although detainees from levels one and three are not housed
together and are generally not left to commingle without guard supervision, 281 the delegation
observed ready commingling of all three classification levels in the law library without guard
supervision. 282 Assistant Director b6,b7c stated that at the time of the delegation’s visit, the
Facility housed approximately 100 “red” detainees and between 250 and 260 “orange” detainees,
with the remainder being “blue.” 283 Although one detainee was unaware of the rules governing
the interactions between the different classification levels, 284 the majority of detainees
interviewed by the delegation were able to confirm the classification system. 285 One detainee’s
understanding of the classification system was based on the fact that, as a “blue” detainee, she
was not housed with “red” detainees. 286
Detainee classifications are periodically reassessed, and classification levels may be
adjusted based on institutional behavior, institutional incidents, or changes in cla
b6, b7c
information. 287 All initial classifications are reviewed by Classification Officer
,
288
either on the day of the classification or the following day.
The NWDC Detainee Handbook
states that “[t]he first reassessment will be completed forty-five to sixty days after the date of the
original assessment. Subsequent reassessments will be completed every sixty to ninety days
thereafter, and before any release from administrative or disciplinary segregation.” 289 None of
the detainees interviewed by the delegation had been reclassified.
According to the NWDC Detainee Handbook, detainees may appeal their classification
by submitting a Detainee Acknowledgement of (Classification) Decision / Appeal form or a
278

Notes of delegation member

on conversation with Director
b6

279

Notes of delegation member

280

NWDC Detainee Handbook, p.5.

281

Notes of delegation member

282

Delegation observations.

283

Notes of delegation member

284

Notes of delegation member

b6, b7c

on conversation with Director

on conversation with Warden

on conversation with Assistant Director

b6, b7c

on conversation with detainee

285

b6, b7c

b6
Notes of delegation member
, on conversation with detainees
and A; notes of delegation member
, on
conversation with detainee b6, b7c
b6, Non-Responsive, Duplicate
Page

286

Notes of delegation member

NWDC Detainee Handbook, p. 5; notes of delegation member
Assistant Director b6,b7c
Notes of delegation member

289

NWDC Detainee Handbook, p. 5.

b6, b7c

on conversation with detainee b6, b7c

287

288

b6,b7c

, on conversation with Lieutenant

b6, b7c

on conversation with

October 16, 2007
Page 25

Request Form addressed to the Classification Officer. 290 The NWDC Detainee Handbook states
that “[h]e/she will review the request and make a recommendation to the Associate Warden for a
decision.” 291 The Associate Warden’s decision may be appealed to the Warden via the same
process. 292 In practice, however, appeals for classification are reviewed by Officer b6, b7c
even if she was responsible for the initial classification assignment. 293 If a detainee persists in
appealing his or her classification, “the Warden might intervene and review the appeal.” 294
Although no detainees interviewed by the delegation had appealed their own classifications, one
detainee knew of detainees who had successfully appealed their classification. 295 Another
detainee believed that appeals for reclassification could only be submitted once every six
months. 296
K. Detainee Grievance Procedures
The Standards require that every facility develop and apply standard procedures for
handling detainee grievances and encourage the facility to initially seek to resolve grievances
informally before having to engage in a more formalized procedure. 297 Translating assistance
for both formal and informal grievances must be provided upon request. 298 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.” 299 All grievances must receive supervisory review, include guarantees
against reprisal, and allow for appeals. 300
NWDC appears not to fully meet this section of the Standards; one detainee stated
he did not receive a written response to a formal grievance. When filing a grievance,
detainees must choose whether or not to file a formal or informal grievance. 301 There are five
levels of grievance procedures: Informal, Formal, Detainee Grievance Committee, Warden, and
ICE. 302 According to the NWDC Detainee Handbook, “informal resolution of problems is

290

NWDC Detainee Handbook, p. 5.

291

NWDC Detainee Handbook, p. 5.

292

NWDC Detainee Handbook, p. 5.

293

Notes of delegation member

on conversation with Lieutenant
b6

294

Notes of delegation member

295

Notes of delegation member

b6, b7c

on conversation with Lieutenant
on conversation with detainee

b6, b7c

296

Notes of delegation member

297

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

298

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

299

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

300

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

301

NWDC Detainee Handbook, p. 19.

302

Notes of delegation member

on conversation with detainee

on conversation with Officer

b6, b7c

b6,b7c

October 16, 2007
Page 26

encouraged.” 303 A detainee must wait until each level in the grievance process is completed
before submitting the issue to the next level. 304 The disposition at each level is determined by a
single person. 305
Officer b6,b7c stated that detainees are contacted about their grievances and receive
notification back of its resolution within five business days of its submission. 306 Emergency
grievances involving imminent threats to health or safety of a detainee are given immediate
attention and a quicker resolution. 307 One detainee interviewed by the delegation filed a
grievance regarding what he perceived to be an unwarranted strip search. 308 He received no
formal response, but he received an apology from the accused officer, who appeared to him to be
the same officer responsible for reviewing the complaint. 309 Another detainee stated that he has
not submitted any formal grievances (written forms filed in boxes located in the housing units)
because he has a friend who submitted many grievances regarding food quality and was treated
in a retaliatory manner thereafter, without receiving a response. 310 Although the NWDC
Detainee Handbook has a section on grievance procedures, two detainees were completely
unaware of the grievance process. 311 One of them, a detainee who did not receive the Handbook,
stated that had he known about the process he would have filed a grievance regarding one
particular officer’s aggression. 312
L. Disciplinary Policy
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.” 313 Each facility holding ICE detainees must
have a detainee disciplinary system which has “progressive levels of reviews, appeals,
procedures, and documentation procedures.” 314 The disciplinary policy must clearly define

303

NWDC Detainee Handbook, p. 19.

304

NWDC Detainee Handbook, p.19.

305

Notes of delegation member

, on conversation with Officer

b6,b7c

, on conversation with Officer

b6,b7c

306

Notes of delegation member

307

NWDC Detainee Handbook, p. 19.; notes of delegation member

on conversation with Officer

b6,b7c

308

Notes of delegation member

on conversation with detainee
b6

309

Notes of delegation member

310

Notes of delegation member

b6, b7c

on conversation with detainee
b6

, on conversation with detainee A.

311

b6
Notes of delegation member
on conversation with detainee
b6, b7c
member
, on conversation with detainee
b6

b6, b7c

312

Notes of delegation member

313

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

314

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

on conversation with detainee

b6, b7c

notes of delegation

October 16, 2007
Page 27

detainee rights and responsibilities, and any disciplinary action taken must not be capricious or
retaliatory. 315
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.” 316 Officers who witness a prohibited act must prepare and submit an incident
report. 317 The Standards provide that all incident reports filed by officers must be investigated
within twenty-four hours of the incident. 318
The detainee handbook must notify detainees of the disciplinary process, the prohibited
acts and disciplinary severity scale, and the procedure for appeals.319 The handbook must also
notify detainees of specific rights, including the right to protection from abuse, harassment, and
discrimination, the right to pursue a grievance, and the right to due process, including prompt
resolution of a disciplinary matter. 320
NWDC meets this section of the Standards. According to the NWDC Detainee
Handbook, when a rules violation occurs, “any detainee who is charged with the violation of
facility rules will receive a disciplinary hearing and be permitted to speak, call witnesses, have a
staff representative and present evidence before a penalty is imposed.” 321 Incident reports are
filed and investigated within twenty-four hours of the incident. 322
Rules violations are divided into four categories, with Category I Offenses being the most
severe. 323 Category I Offenses include killing, assaulting any person, rioting, possession of a
weapon, and other serious offenses. 324 In response to a Category I Offense, the Discipline
Committee may punish the detainee with any combination of the penalties that may result from
lesser offenses in addition to the following penalties: (i) referral to ICE for criminal proceedings,
(ii) disciplinary transfer, (iii) disciplinary segregation for up to sixty days, and (iv) restitution. 325
Category II Offenses are the second most severe and include fighting, threatening bodily harm,

315

Detention Operations Manual, Security and Control, Standard 5, Sections III.A.1 & 2.

316

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

317

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

318

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

319

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

320

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

321

NWDC Inmate Handbook, p. 16.

322

Notes of delegation member

323

NWDC Inmate Handbook, p. 16.

324

NWDC Inmate Handbook, p. 16.

on conversation with Officer

325

NWDC Inmate Handbook, p. 16; notes of delegation member
Assistant Director b6,b7c

b6,b7c

on conversation with

October 16, 2007
Page 28

and other similar offenses. 326 The punishment imposed for these offenses may be the same as
Category I offenses; however, lesser penalties are also enumerated. 327 Minor infractions such as
being in an unauthorized area, smoking, or using profanity are considered to be Category III or
IV Offenses. These violations will result in mandatory penalties, but may also give rise to other
lesser punishments. 328
The NWDC Detainee Handbook notifies the detainees of the disciplinary process, the
prohibited acts and disciplinary severity scale, and the appeal procedure of disciplinary
findings. 329 In addition, the NWDC Detainee Handbook notifies detainees of the facility’s rules
of conduct and the sanctions imposed for the violation of these rules. 330 Lastly, the NWDC
Detainee Handbook complies with the Standards by advising the detainees of their rights
pursuant to Standards. 331 For instance, the NWDC Detainee Handbook articulates the detainee’s
“right to protection from personal abuse, corporal punishment, unnecessary or excessive use of
force, personal injury, disease, property damage, and harassment,” the “right of freedom from
discrimination based on race, religion, national origin, sex, handicap, or political beliefs,” etc. 332
M. Special Management Unit
The Standards require that each facility establish a Special Management Unit (“SMU”)
that will isolate certain detainees from the general population. 333 The Standards for
Administrative and Disciplinary Segregation differ somewhat from one another, but both provide
for legal access and other protections. A detainee may be placed in administrative separation if
the presence of the detainee in the general population would pose a threat to self, staff, or other
detainees, if the detainee would require protective custody, or for medical reasons. 334 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, and a copy of the Disciplinary Segregation Order must be provide to the detainee within 24
hours of placement in disciplinary segregation. 335 The disciplinary committee may order
placement in disciplinary segregation only when alternative dispositions would inadequately
regulate the detainee’s behavior.336 The maximum sanction for a single incident is sixty days in
326

NWDC Inmate Handbook, p. 17.

327

NWDC Inmate Handbook, p. 17.

328

NWDC Inmate Handbook, pp. 18-19.

329

NWDC Inmate Handbook, pp. 16-19.

330

NWDC Inmate Handbook, pp. 16-19.

331

Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.a; NWDC Inmate Handbook,
p. 16.

332

Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.a; NWDC Inmate Handbook,
p. 16.

333

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

334

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

335

Detention Operations Manual, Security and Control, Standard 14, Sections III.A & B.

336

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

October 16, 2007
Page 29

disciplinary segregation. 337 The facility must have written procedures for regular review of all
disciplinary segregation cases, including weekly reviews. 338
All cells in the SMU must be well ventilated, appropriately heated, sanitary, and
equipped with beds. 339 Segregated detainees shall have the opportunity to maintain a normal
level of personal hygiene. 340 Recreation shall be provided to detainees in segregation in
accordance with the “Recreation” standard. 341 Access to the law library shall generally be
granted to detainees in segregation. 342 Detainees generally retain visitation privileges while in
disciplinary segregation, and may not be denied legal visitation. 343 Medical professional shall
visit the detainee in disciplinary segregation once daily during a workday. 344
Detainees in administrative segregation generally have the same telephone privileges as
other detainees, 345 while detainees in disciplinary segregation shall be restricted to telephone
calls for calls relating to the detainee’s immigration case or other legal matters, calls to
consular/embassy officials, and family emergencies. 346 Detainees in segregation shall have the
same correspondence privileges as detainees in the general population. 347
NWDC does not fully meet this section of the Standards; detainees are placed in
disciplinary segregation before they receive a hearing. According to the NWDC Detainee
Handbook, “Administrative Detention is intended for detainees with special housing
requirements such as: (i) pending investigation or hearing regarding prohibited acts, (ii) pending
transfer or releases within twenty-four hours, (iii) security risk, [or] (iv) protective custody.” 348
Conversely, “Disciplinary Segregation is a special housing unit for detainees who are: (i) a
serious disruption to facility operations, (ii) in need of additional physical confines, [or] (iii) [are]

337

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

338

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

339

Detention Operations Manual, Security and Control, Standard 13, Section III.D.2, and Standard 14,
Section III.D.6.

340

Detention Operations Manual, Security and Control, Standard 14, Section III.D.11.

341

Detention Operations Manual, Security and Control, Standard 13, Section III.D.8, and Standard 14,
Section III.D.13.

342

Detention Operations Manual, Security and Control, Standard 13, Section III.D.18, and Standard 14,
Section III.D.15.e.

343

Detention Operations Manual, Security and Control, Standard 13, Section III.D.13 & 14, and Standard 14,
Section III.D.17.

344

Detention Operations Manual, Security and Control, Standard 14, Section III.D.16.

345

Detention Operations Manual, Security and Control, Standard 13, Section III.D.16.

346

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

347

Detention Operations Manual, Security and Control, Standard 13, Section III.D.20, and Standard 14,
Section III.D.18.

348

NWDC Inmate Handbook, p. 6.

October 16, 2007
Page 30

under sanction of the Institutional Disciplinary Committee.” 349 NWDC confines detainees in
Disciplinary Segregation for periods exceeding sixty days in cases where the detainee received
sequential charges. 350
When Disciplinary Segregation occurs, officers will file an incident report listing the
charge. 351 It is the practice of NWDC to implement Disciplinary Segregation prior to order
from the Institutional Disciplinary Committee, as a preliminary measure. 352 This preliminary
segregation occurs during the first twenty-four hours while the detainee’s charges are
reviewed. 353 This practice is contrary to the Standards. 354
While segregated, detainees are provided the same standards of cell space, clothing,
bedding, food, hygiene, correspondence, visitation and rights presentations. 355 However, their
recreation time is moved from the recreation yard to another location. 356 Additionally, there is no
change in the procedure for legal visitation, and detainees are permitted to make telephone calls
for emergencies, to consulates, and for legal purposes. 357
N. Use of Force
The Standards mandate that “[t]he use of force is authorized only after all reasonable
efforts to resolve a situation have failed.” 358 Use of force is allowed when a detainee is violent
or appears to be on the verge of violent behavior, and there is a threat to the detainee, others,
and/or property. 359 Use of force can be employed without preparation or supervisor approval
when the detainee presents an immediate and unexpected threat, otherwise use of force should
involve pre-planning and evaluation of other alternatives (referred to as “calculated use of
force”). 360 All calculated use of force must be documented on videotape. 361 When calculated
use of force is employed, facility staff should use the “team technique,” where “trained staff
members clothed in protective gear, including helmet with face shield, jumpsuit,

349

NWDC Inmate Handbook, p. 6.

350

Notes of delegation member

351

Notes of delegation member

on conversation with Officer

b6,b7c

on conversation with Officer

b6,b7c

352

Notes of delegation member

on conversation with Officer

b6,b7c

353

Notes of delegation member

on conversation with Officer

b6,b7c

354

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

355

Notes of delegation member

356

Notes of delegation member

357

Notes of delegation member

358

Detention Operations Manual, Security and Control, Standard 17, Section I.

359

Detention Operations Manual, Security and Control, Standard 17, Section III.A.

360

Detention Operations Manual, Security and Control, Standard 17, Section III.A.2.

361

Detention Operations Manual, Security and Control, Standard 17, Section III.A.2.b.

on conversation with Officer

b6,b7c

on conversation with Officer

b6,b7c

on conversation with Officer

b6,b7c

October 16, 2007
Page 31

flack-vest or knife-resistant vest, gloves, and forearm protectors…enter the detainee’s area
together, with coordinated responsibility for achieving immediate control of the detainee.” 362
Medication may be used to subdue a detainee, but only for medical purposes and not for staff
convenience. 363 Use of force should never be used as a form of punishment. 364
NWDC meets this section of the Standards. Facility staff first try verbal alternatives to
force when a detainee becomes a potential threat. 365 When calculated force is used, the facility
uses the “swarm” technique, where four or five officers dressed in protective gear surround the
detainee and this crowding prevents significant movement. 366 Then “soft restraints” like plastic
ties are often used to secure the hands and feet. 367 All anticipated incidents are videotaped and
documented on paper. 368 Medication may be used to subdue a detainee in exceptional cases. 369
O. Contraband
The Standards state that detention staff “will handle and properly dispose of contraband
in accordance with the standard operating procedures of the facility.” 370 The detainee handbook
shall contain information regarding the facility’s rules and procedures regarding contraband
destruction. 371
NWDC meets this section of the Standards. The NWDC Detainee Handbook sets forth
the Facility’s policy regarding contraband. 372 Moreover, NWDC has an internal written policy
regarding contraband. 373 So long as the contraband is not illegal, it will be placed with the

362

Detention Operations Manual, Security and Control, Standard 17, Section III.A.4.

363

Detention Operations Manual, Security and Control, Standard 17, Section IV.B.8.

364

Detention Operations Manual, Security and Control, Standard 17, Section IV.B.1.

365

Notes of delegation member

on conversation with Officer

b6,b7c

366

Notes of delegation member

on conversation with Officer

b6,b7c

367

Notes of delegation member

on conversation with Officer

b6,b7c

368

Notes of delegation member

on conversation with Officer

b6,b7c

369

Notes of delegation member

on conversation with Officer

b6,b7c

370

Detention Operations Manual, Security and Control, Standard 1, Section I.

371

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

372

NWDC Detainee Handbook, pp. 13-14; notes of delegation member
Assistant Director b6,b7c

373

GEO Group, Inc
delegation member

on conversation with

re Manual, Security and Control, Contraband (version 3.1.17); notes of
on conversation with Assistant Director b6,b7c

October 16, 2007
Page 32

detainee’s other personal possessions and returned to the detainee upon release. 374 The detainee
will receive a receipt listing the seized contraband. 375
P. Staff-Detainee Communication/ICE Presence at the Facility
The Standards require that procedures be in place “to allow for formal and informal
contact between key facility staff, 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.” 376 The
Standards suggest that both weekly visits be conducted by ICE personnel and that “regular
unannounced (not scheduled) visits” be conducted by the ICE Officer in Charge, the Assistant
Officer in Charge, and designated department heads. 377 Unannounced visits to the facility’s
housing areas must be conducted on a regular basis—weekly at contract detention facilities. 378
The purpose of such visits is to monitor housing conditions, interview detainees, review records,
and answer questions for detainees who do not comprehend the immigration removal process. 379
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.” 380 All facilities that house ICE
detainees must have “written procedures to route detainee requests to the appropriate ICE
official” and must assist detainees “who are disabled, illiterate, or know little or no English.” 381
Moreover, the Standards suggest that detainee requests be forwarded to the appropriate ICE
office within 72 hours and “answered as soon as possible or practicable, but not later than 72
hours from receiving the request.” 382
NWDC substantially meets this section of the Standards; however, no special
assistance is provided to detainees who are disabled or illiterate. Assistant Director b6,b7c
and Officer b6,b7c make weekly, unannounced visits to the facility’s living and activity areas. 383
ICE officers also visit housing units on Tuesdays and Fridays to respond to written requests from
detainees. 384 Detainees may fill out a standard Detainee Request Form and put it in the ICE mail

374

NWDC Detainee Handbook, p. 13; notes of delegation member
Assistant Director b6,b7c

, on conversation with
b6

375

NWDC Detainee Handbook, p. 13; notes of delegation member
Assistant Director b6,b7c

, on conversation with

376

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

377

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

378

Detention Operations Manual, Detainee Services, Standard 15, Section III.A.1.

379

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

380

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

381

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

382

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.1.

383

Notes of delegation member

384

on conversation with Officer

b6,b7c

on conversation with Officer

b6,b7c

Notes of delegation member

October 16, 2007
Page 33

box in their housing unit if they want to speak to someone from ICE. 385 There are copies of
these forms for the detainees in each housing unit. 386 Only ICE officers empty the ICE mail
boxes in the housing units. 387 No special assistance is provided to detainees who are disabled or
illiterate; they must rely on other detainees to help them fill out a Detainee Request Form. 388
Q. Voluntary Work Program
The Standards suggest that all facilities with work programs provide an opportunity for
physically and mentally capable detainees to “work and earn money.” 389 Participation must be
voluntary, and detainees may not work more than eight hours per day and forty hours per
week. 390
NWDC meets this section of the Standards. The Facility provides detainees with the
opportunity to participate in the voluntary work program. 391 Wages are $1.00 per day, and
ordinarily a detainee will not be allowed to work more than eight hours per day and forty hours
per week. 392 Detainees may have different assignments, for example they may work in the
laundry room or the kitchen, or as a barber or maintenance worker. 393 Detainees must be
physically cleared before they can be assigned to food services. 394 Several detainees reported
working in the program. 395 One detainee was not able to participate in the voluntary work
program because he only had sandals, and the Facility would not provide him closed-toe
shoes. 396
R. Detainee Transfer
When transferring a detainee, the Standards require ICE to take into consideration
whether a detainee is represented before the immigration court, and the location of the attorney
and the court. 397 The Standards require ICE to notify a detainee’s legal representative of record
385

Notes of delegation member
attached).

386

Notes of delegation member

, on conversation with Officer

b6,b7c

, on conversation with Officer

b6,b7c

(a Detainee Request Form is

387

Notes of delegation member

, on conversation with Officer

b6,b7c

388

Notes of delegation member

, on conversation with Officer

b6,b7c

389

Detention Operations Manual, Detainee Services, Standard 37, Sections I & III.A.

390

Detention Operations Manual, Detainee Services, Standard 37, Sections III.C & H.

391

NWDC Detainee Handbook, p. 10.

392

NWDC Detainee Handbook, p. 10; notes of delegation member
.
b6, b7c

393

NWDC Detainee Handbook, p. 10.

394

NWDC Detainee Handbook, p. 10.

395

Notes
member

member
on con

on con
etainee

on conversation with detainee

b6, b7c
b6, b7c

396

Notes of delegation member

397

Detention Operations Manual, Detainee Security and Control, Standard 4, Section I.

on conversation detainee

b6, b7c

notes of delegation

b6, b7c

October 16, 2007
Page 34

that the detainee is being transferred. 398 Indigent detainees will be permitted to make a single
domestic telephone call at government expense upon arrival at their final destination; nonindigent detainees will be permitted to make telephone calls at their own expense. 399 Records
including the detainee’s Alien File (“A-file”) and medical history must accompany the
detainee. 400 Prior to transfer, medical personnel must provide the transporting officers with
instructions and any applicable medications for the detainee’s care; medications must be turned
over to an officer at the receiving field office. 401 A detainee’s legal materials, cash, and small
valuables shall always accompany the detainee to the receiving facility; larger items may be
shipped. 402
NWDC meets this section of the Standards. Attorneys are notified when their clients
are transferred and are provided with information regarding the date of transfer as well as the
new mailing address and phone number of the facility. 403 Upon transfer, detainees are
accompanied by their legal materials as well as their medications and medical records. 404
Detainees are fed just before transfer and are provided with two portable meals for the
journey. 405 Furthermore, detainees are able to make telephone calls upon arrival to NWDC and
indigent detainees are provided with one free telephone call, and Assistant Director b6,b7c also
indicated that this happens at the receiving facility as well. 406
S. Hold Rooms in Detention Facilities
The Standards provide for hold rooms to be used for the temporary detention of
individuals awaiting removal, transfer, medical treatment and other processing. 407 Hold rooms
must be well ventilated and well lit. 408 The rooms must contain thirty-seven square feet of
unencumbered space, not including benches and tables, and an additional seven square feet of
space for each additional detainee.409 At least two lavatories shall be present in large hold
rooms, those with a capacity in the range of fifteen to forty-nine detainees, although the Standard
also cites the Hold Room Design Standards A-E, HDR Architecture (“HDR Standards”), as
recommending one lavatory unit for every fifteen detainees. 410 No detainee may be placed in a
398

Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.A.

399

Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.G.

400

Detention Operations Manual, Detainee Security and Control, Standard 4, Sections III.D.1 & 6.

401

Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.D.D [sic].

402

Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.E.

403

Notes of Delegation Member

404

Notes of Delegation Member

on conversation with Assistant Director

b6,b7c

on conversation with Assistant Director

b6,b7c

405

Notes of Delegation Member

on conversation with Officer

406

Notes of Delegation Member

on conversation with Assistant Director

407

Detention Operations Manual, Security and Control, Standard 8, Section I.

408

Detention Operations Manual, Security and Control, Standard 8, Section III.A.3.

409

Detention Operations Manual, Security and Control, Standard 8, Section III.A.2.

410

Detention Operations Manual, Security and Control, Standard 8, Section III.A.6.

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October 16, 2007
Page 35

hold room for longer than twelve hours, and males must be separated from females. 411 Detainees
shall be provided with basic personal hygiene items. 412 Detainees will undergo a pat down
search, and if the patdown search indicates the need for a more thorough search, then a strip
search may be conducted. 413
NWDC substantially meets this Standard; however, the Standard appears to
require that more lavatories be available in the larger hold rooms. NWDC contains eight
hold rooms with maximum occupancies from one to one hundred, according to posted holding
capacity signs. 414 Close inspection of the hold rooms was not possible due to the high volume
of detainees present during the delegation’s visit, but the hold rooms appeared to be ventilated
and well lit. 415 The larger hold rooms contain two lavatories while the smaller hold rooms
contain one. 416 However, the hold rooms with maximum occupancies of fifty-seven and one
hundred people still contain only two lavatories. 417
While placed in hold rooms, detainees are separated by gender.418 Detainees are able to
shower and are provided basic personal hygiene items such as soap and toilet paper. 419
Additionally, detainees undergo pat-down searches and are not subject to strip searches. 420
V.

CONCLUSION

The Northwest Detention Facility meets many of the ICE Detention Standards that the
delegation reviewed. However, several areas in which the Facility can improve are identified
below. Some issues persist from the time of the ABA’s visit in 2006.
In order to facilitate legal visitation, NWDC should post a consistent visitation schedule,
and should provide the schedule telephonically so that visitors and attorneys are better informed
of the hours of visitation.
To provide adequate telephone access to detainees, NWDC should continue to improve
the telephone systems to ensure that detainees can place free, direct calls to pro bono legal
service providers and consulates. NWDC should provide indigent detainees free access to
certain categories of calls as specified in the Standards. NWDC should not record or monitor
detainee phone calls regarding legal matters, absent a court order, and should provide readier
411

Detention Operations Manual, Security and Control, Standard 8, Section III.B.

412

Detention Operations Manual, Security and Control, Standard 8, Section III.B.4.

413

Detention Operations Manual, Security and Control, Standard 8, Section III.C.

414

Observations of Delegation Member

415

Observations of Delegation Member

416

Notes of Delegation Member

, on conversation with Lieutenant
b6

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417

Notes of Delegation Member

, on conversation with Lieutenant

418

Observations of Delegation Member

419

Notes of Delegation Member

420

on conversation with Officer

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on conversation with Officer

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Notes of Delegation Member

October 16, 2007
Page 36

access to private and unmonitored calls rather than requiring a five-day wait. NWDC should
ensure that phone calls are not cut off when too many digits are dialed, as in the case of a touchtone menu system. All telephone messages should be delivered.
To support detainees’ access to legal materials and legal representation, NWDC should
ensure that detainees with an impending court date are provided with additional time in the law
library. NWDC should develop a formal process to assist non–English speaking detainees in
requesting non-English legal materials, using the law library and contacting pro bono legal
organizations. Per the Standards, NWDC may wish to contact ICE for assistance in this regard
and jointly develop procedures to meet the needs of non-English speaking detainees.
NWDC should ensure that the Know Your Rights video is shown to all detainees on a
regular basis.
To ensure that outgoing special correspondence is not inspected, NWDC should
communicate to its staff the Standards requirements regarding special correspondence.
To provide detainees adequate procedural rights and protection, NWDC should review its
Disciplinary Segregation policies to ensure that the Standards are being met. A detainee should
only be placed in disciplinary segregation by order of the Institutional Disciplinary Committee.
Finally, given the increase in the detainee population of NWDC in 2007 from the
delegation’s visit in 2006, NWDC should pay special attention to logistical problems caused by
overcrowding. For example, the delegation observed that the holding rooms and the law library
were full. Access to telephones, family and legal visitation, and recreation are limited by the
current space and facilities, which are under increasing pressure as a result of the rising
population.

Facility Name: NORTHWEST DETENTION CENTER, Tacoma, Washington
Date of Tour: July 19, 2007
Tour Participants: Latham & Watkins LLP attorneys and summer associates
and
*Standards are Detainee Services Standards unless otherwise indicated. Standards excerpts are typed verbatim. Issues are generally listed in their order from the Report.
Report comments in bold are priority issues for ICE-ABA discussion.

Delegation Report

Source

Standard 17, Visitation
I. To maintain detainee morale and family
relationships, [ICE] encourages visits from family and
friends.
III.B. Notification. The facility shall provide written
notification of visitation rules and hours in the
detainee handbook …. The facility shall also post these
rules and hours where detainees can easily see them.
Each facility shall make the schedule and procedures
available to the public, both in written form and
telephonically. A live voice or recording shall provide
telephone callers with the hours for all categories of
visitation.

Delegation
observations.

There are conflicting schedules posted at the
facility for both attorney and family visitation.
(p.5 ¶3, p.6 ¶2)
The visiting schedule is not provided
telephonically. (p.6 ¶3)

ABA Commission on Immigration - Detention Standards Implementation Initiative

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ICE Standard*

ICE Response

t Director

4/22/2008

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.

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Officer
;
detainee A.
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Standard 16, Telephone Access
III.I. The facility shall take and deliver telephone
messages to detainees as promptly as possible.

Detainee

Officer
;
delegation
observations;
t Director
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Delegation
observations.

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Delegation
observati
detainees

b6, b7c

Indigent detainees may not be aware of the
facility’s rule regarding how to make free calls
because the telephone access rules contained in
the NWDC Detainee Handbook and posted near
the telephones do not address indigent detainees.
Two detainees stated that indigent detainees are
unaware of the right to make free calls; one
stated that detainees who cannot afford to
purchase a calling card typically either earn
money in the volunteer work program or borrow
a calling card from another detainee. (p.9 ¶1)
Detainees may not be aware of the option to
make private calls to legal representatives
because the telephone access rules contained in
the NWDC Detainee Handbook and posted near
the telephones do not address this option. (p.10
¶1)
There is a maximum number of digits that may
be dialed on the telephones, so one detainee
stated he sometimes gets cut off when navigating
touch-tone menu systems. (p.9 ¶2)
Telephone messages from attorneys and
emergency telephone calls are delivered to
detainees as soon as possible, but other messages
are not recorded and delivered. (p.10 ¶3)
Detainees are required to file a request form at
least five days in advance if they want to make a
private or unmonitored telephone call. (p.9 ¶4)

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Standard 16, Telephone Access
I. Facilities holding [ICE] detainees shall permit them
to have reasonable and equitable access to telephones.
III.A. The facility shall provide detainees with
reasonable access to telephones during established
facility waking hours ….
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.
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.

ABA Commission on Immigration - Detention Standards Implementation Initiative

4/22/2008

One detainee reported an instance when he did
not receive his photocopies for two weeks. (p.14
¶3)
One detainee indicated that a lack of Spanish
resources, coupled with the lack of assistance
available for Spanish speakers in the library,
made legal research for Spanish speakers an
almost impossible task. (p.15 ¶2)

Detainee

ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainee A.

Director
detainees

Officer

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Although Director
informed the delegation
that the Know Yo
ts video was shown in
English and Spanish every morning, one detainee
reported never having seen the video in its
entirety, while others stated that it was shown
irregularly, and more frequently in some pods
than others. (p.16 ¶3)
The Facility inspects outgoing correspondence,
including legal correspondence: detainees are
required to open their correspondence and then
reseal it before shipment. (p.17 ¶2)

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Librarian

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Although Librarian
explained that
requests for addition
time (up to three
hours per day) are generally granted, one
detainee stated that extensions, even in the face
of an impending court date, were rarely, if ever,
awarded. (p.12 ¶1)
Although the standards proscribe forcing
detainees to choose betwee
se and
recreation time, Librarian
indicated
that such a decision may b
of
detainees, especially in situations when alternate
recreation time cannot be arranged. (p.12 ¶2)

Standard 1, Access to Legal Material
III.G. The facility shall…permit all detainees,
regardless of housing or classification, to use the law
library on a regular basis. Each detainee shall be
permitted to use the law library for a minimum of five
(5) hours per week. Detainees may not be forced to
forgo their minimal recreation time, as provided in
“Detainee Recreation,” standard to use the law
library.
III.M. Detainees housed in … Segregation units shall
have the same law library access as the general
population, unless compelling security concerns
require limitations.
Standard 1, Access to Legal Material
III.J. The facility shall ensure that detainees can
obtain copies of legal material ….
Standard 1, Access to Legal Material
III.L. Unrepresented … non-English speaking
detainees who wish to pursue a legal claim related to
their immigration proceedings or detention and
indicate difficulty with the legal materials must be
provided with more than access to a set of Englishlanguage law books. Facilities shall establish
procedures to meet this obligation, such as: 1. helping
the detainee obtain assistance in using the law library
and drafting legal documents … 2. assisting in
contacting pro bono legal-assistance organizations
from the [ICE]-provided list.
Standard 9, Group Presentations on Legal Rights
III.I. Videotaped presentations. The facility shall play
[ICE]-approved videotaped presentations on legal
rights, at the request of outside organizations. … The
facility shall provide regular opportunities for
detainees in the general population to view the
videotape.
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.

4/22/2008

12. Standard 5, Detainee Grievance Procedures
I. [S]tandard operating procedures (SOP) must establish a
reasonable time limit for: … (iii) providing written
responses to detainees who filed formal grievances,
including the basis for the decision.
13. Security and Control Standard 14, Special Management Unit
(Disciplinary Segregation)
III.A. 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.
III.B. A written order shall be completed and signed by
the chair of the Institutional Disciplinary Committee panel
before a detainee is placed in disciplinary segregation.

It is the practice of NWDC to implement
Disciplinary Segregation prior to order from the
Institutional Disciplinary Committee, as a
preliminary measure. This preliminary segregation
occurs during the first twenty-four hours while the
detainee’s charges are reviewed. (p.30 ¶2)

Officer

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ABA Commission on Immigration - Detention Standards Implementation Initiative

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Detainees

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Detainee
Handbo
Director
detainee

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11. Health Services Standard 2, Medical Care
I. All detainees shall have access to medical services that
promote detainee health and general well-being.
III.F. Each facility will have a mechanism that allows
detainees the opportunity to request health care services
provided by a physician or other qualified medical
officers in a clinical setting. All facilities must have a
procedure in place to ensure that all request slips are
received by the medical facility in a timely manner….

According to the detainee handbook, indigent
detainees “may send up to three personal letters
per week, weighing no more than two ounces
each, at no cost” and “a reasonable number of
special correspon
may also be sent out at
no cost.” Director
indicated that a detainee
could send up to f
ces of special
correspondence per week. However, several
detainees were either unaware that indigent
detainees were entitled to free postage, or
believed that the Facility did not provide free
postage to indigent detainees even when it was
requested. (p.17 ¶3)
One detainee had a foot injury, which was
aggravated by the shoes supplied to him by the
facility. Medical staff told the detainee to get
larger shoes, but as the detainee is indigent, this
option was not possible. Another detainee reported
that he is never given advance notice of his medical
appointments. A third detainee has a respiratory
problem that he feels needs urgent attention, but his
requests for medical care have been ignored. (p.21
¶3)
One detainee interviewed by the delegation filed a
grievance regarding what he perceived to be an
unwarranted strip search. He received no formal
response. (p.26 ¶2)

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10. Standard 1, Access to Legal Material
III.N. The facility will provide indigent detainees with
free envelopes and stamps for mail related to a legal
matter….
Standard 3, Correspondence and Other Mail
III.I. Postage Allowance. Indigent detainees will be
permitted to mail a reasonable amount of mail each
week, including at least five pieces of special
correspondence and three pieces of general
correspondence.

4/22/2008

No special assistance is provided to detainees who
are disabled or illiterate; they must rely on other
detainees to help them fill out a Detainee Request
Form. (p.33 ¶1)

ABA Commission on Immigration - Detention Standards Implementation Initiative

Officer

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14. Standard 15, Staff-Detainee Communication.
III.B. A detainee may obtain assistance from another
detainee, housing officer, or other facility staff in
preparing a request form. The OIC shall ensure that the
standard operating procedures cover detainees with
special requirements, including those who are disabled,
illiterate, or know little or no English. Each facility will
accommodate the special assistance needs of such
detainees in making a request.

4/22/2008

The Habeas Citebook: Prosecutorial Misconduct Side

Disciplinary Self-Help Litigation Manual - Side