INS Detention Standards Compliance Audit - San Pedro Service Processing Center, Los Angeles, CA, 2005

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INS Detention Standards Compliance Audit - San Pedro Service Processing Center, Los Angeles, CA, 2005

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

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633 West Fifth Street, Suite 4000
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Washington, D.C.

September 3, 2005

To:
From:
Copies to:
Subject:

John P. Torres, Acting Director, Office of Detention and Removal, Immigration and
Customs Enforcement
American Bar Association Delegation to the San Pedro Processing Center 1
b6
, Associate Director, ABA Commission on Immigration
Report on Observational Tour of the San Pedro Processing Center, Los Angeles,
California

This memorandum summarizes and evaluates information gathered at the San
Pedro Service Processing Center (“Center”) in Los Angeles, California, during the delegation’s
August 3, 2005 visit to the Facility. The information was gathered via observation of the Facility
by the delegation, interviews with detainees, and discussions with Facility and Immigration and
Customs Enforcement (“ICE”) personnel.
I.

ICE DETENTION STANDARDS

In November 2000, the Immigration and Naturalization Service (INS), 2
promulgated the “INS Detention Standards” to ensure the “safe, secure and humane treatment”
of immigration detainees. The thirty-eight standards contained in the Detention Operations
Manual cover a broad spectrum of issues ranging from visitation policies to grievance
procedures and food service. These standards apply to ICE-operated detention centers and other
facilities that house immigration detainees pursuant to a contract or intergovernmental service
agreement (“IGSA”).
The Detention Standards ( “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
1

The delegation was comprised of attorneys and summer associates from the Los Angeles office of Latham &
b6
b6
b6
b6
Watkins LLP, including
b6
b6
Latham & Watkins employee
assisted with translation with Spanish speaking detainees.

Effective March 1, 2003, the INS ceased to exist as an agency of the Department of Justice. The INS’ immigration
enforcement functions which previously were transferred to Immigration and Customs Enforcement (“ICE”), a
division of the newly-created Department of Homeland Security (“DHS”).

establish the minimum requirements to which ICE must adhere in its facilities. Each Field
Office or Officer-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.

INTRODUCTION
A.

The Delegation’s August 3rd Visit

On Wednesday, August 3, 2005, the members of our delegation met with several
b6, b7C
members of the Center’s staff. Deputy Officer-in-Charge
led our delegation on a
tour of the facilities. The delegation also met with other personnel, ICE employees and
contractors throughout the course of the tour, including U.S. Public Health Service’s Doctor
b6
and phone company PCS’s facility liaison
b6
Our report is based on the discussions we had with Center and ICE employees, as
well as observations of the Center, and interviews with immigration detainees. In many
instances, the detainees’ reports were compatible with statements made by Center personnel
and/or our observations. In such cases, the delegation was able to more accurately determine
whether Center policy and procedures successfully implemented the Standards. However, in
certain instances, the detainees’ reports conflicted with statements made by Center personnel or
other detainees. Where we were unable to verify the conflicting reports, the delegation was
unable to conclusively determine Standards implementation.
B.

General Information About the San Pedro Service Processing Center

The San Pedro Service Processing Center houses federal immigration detainees.
According to the personnel, the Center has the capacity to hold over 400 individuals, with a
current population of 430. Almost 95% of the Center’s population is received from federal,
state, and county prisons in Los Angeles County. 3
The Center houses mostly males. At the time of our visit, the population at the
Center was 80 to 90% male. Two of the seven housing “pods” (a pod houses approximately 50
detainees) are reserved for female detainees. While a wide variety of countries of origin are
represented by detainees housed in the Center, Mexico, El Salvador, and Guatemala are the
majority. 4
The average stay for a detainee is 20 to 30 days. Mr. b6, b7C noted, however, that
the facility has a “quick deport” calendar which is frequently used for detainees from Mexico.
The Center has two on-site courtrooms operated by the Department of Justice. The court has two
full-time judges and four full-time attorneys. 5

Notes of delegation member

Id.

, on conversation with

b6, b7C

III.

IMPLEMENTATION OF LEGAL ACCESS STANDARDS
A.

Legal Access/Visitation
1.

Visitation by Attorneys

The Standards suggest that facilities permit legal visitation 7 days per week. 6
Attorneys should have access to their clients a minimum of 8 hours per day during the week and
four hours per day during the weekend and on holidays. 7 The visits must be private and should
not be interrupted for head counts. 8 Facilities should establish a procedure by which attorneys
may call to determine whether a detainee is housed in a particular facility. 9 Detention centers
should permit visits from other legal representatives, legal assistants, and interpreters. 10 The
current ICE-provided list of pro bono legal organizations must be “promptly and prominently”
posted in detainee housing units and other appropriate areas. 11
The Center has substantially implemented this section of the Standards.
The Center’s Detainee Handbook (“Handbook”) indicates that attorney visits are
permitted at the facility 7 days a week, including holidays, for 9 hours a day. 12 Interviews with
individual detainees and members of the ICE staff confirmed that legal visitation is allowed at
the facility in accordance with the Standards and often in excess of the times provided in the
Handbook. 13 During evening visits, attorneys are treated like regular visitors and must call
ahead so as not to disrupt regular visitation. 14
There are three large visitation rooms and a few smaller ones that can be used for
attorney visitation, and all rooms contain sufficient lighting, table space and chairs.15 Visitation
is monitored via cameras in the rooms, but the cameras reportedly do not have audio
capabilities. 16 Detainees are not subject to strip searches after meeting with their attorneys, but

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.4.

SPSPC Detainee Handbook at 11.

Notes of delegation member

b6
b6

on conversation with

b6, b7C

may be patted down. 17 According to Mr. b6, b7C attorneys can continue visits through meal
times and sack meals are provided to the detainee when the visit has concluded. 18
All legal visitors are required to present appropriate identification, and the facility
requires advance notice from law students and interpreters who plan to visit. 19 Legal
representatives may call the Center’s general contact phone number prior to visitation to
ascertain whether a particular detainee is currently housed in the facility. 20 The Standards
provide that attorneys with bar cards must be granted access to facilities if they show
documentation demonstrating their bar membership. 21 The Standards suggest that a business
b6
card should be sufficient to permit entry by an attorney. 22 On our visit,
the
supervising attorney, presented a business card and was told that once her state bar number was
verified, the delegation would be permitted entry into the facility. 23 As bar card numbers are
readily confirmed via the internet, this is unlikely to be a significant bar to attorneys gaining
admittance.
Several detainees were interviewed about their experiences with attorney
visitation. One detainee revealed that he was only allowed to meet with his attorney for five
minutes during a recent visit because the “guard shift was changing” and the attorney was forced
to leave. 24 This, however, did not appear to be a shared experience among other detainees who
were interviewed.
2.

Visitation by Family and Friends

The Standards recommend that written procedures governing visitation should be
given to each detainee upon admittance and should be available to the public in both written
form and telephonically. 25 Facilities should allow visits from family and friends during set hours
on Saturdays, Sundays, and holidays 26 to “maintain detainee morale and family relationships.” 27
When the established visiting hours pose a hardship for particular visitors, the facility should
accommodate visitors’ scheduling needs when possible. 28 Additionally, evening visiting hours
may be established to the extent permitted by staff resources. 29 The visitor area should be “as
17

Notes of delegation member

Id.

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

Notes of delegation member

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

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

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

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

Id.

on conversation with
on conversation with

b6
b6

b6, b7C
b6, b7C

.
on conversation with

b6, b7C

comfortable and pleasant as practicable.” 30 The Standards recommend that visitation be allowed
for those adult visitors providing adequate identification, 31 and who are in compliance with the
dress code. 32
Visits should be at least 30 minutes and longer when possible. 33 At facilities that
allow visitation by minors, a supervisor may approve a minor’s admission upon verification of
his/her identity by the accompanying adult visitor. 34 According to the facility’s written
procedures, property or money should not be allowed to be given directly to the detainee, and
any such items for detainees must be approved by the shift supervisor. 35
The Center has substantially implemented this section of the Standards.
The Handbook given to detainees upon admission to the facility contains a written
copy of the visiting schedule. Non-contact visitation is allowed for 9 hours on Saturdays,
Sundays, and holidays, as well as for three evening hours on Tuesdays and Thursdays. 36 While
the Handbook does not indicate the length of each visit, detainees indicated that visits are
generally permitted up to 30 minutes with extensions in some circumstances. 37 However,
contrary to the Standards, a detainee interviewed revealed that occasionally visits from friends
and family are limited to fifteen minutes. 38 The detainee also remarked that his wife waited four
hours for that visit. 39 Additionally, several detainees indicated that their visitors endure long
waits in uncomfortable conditions, typically outside the facility in the sun, before being allowed
inside. 40 Another detainee indicated that his boyfriend was improperly refused visitation
privileges after a guard alleged that the visitor did not present a valid green card, a contention
that the detainee disputes. 41 The detainee believed the guard’s actions to be retaliatory as the
detainee had previously filed a complaint against the guard. 42
Minors may visit the facility if they remain under the direct supervision of the
adult visitor. 43

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

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

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

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

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

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

SPSPC Detainee Handbook at 11.

Notes of delegation member

Id.

Notes of delegation member

Id.

b6
b6

on interview with

and

on interview with

b6, b7C

.
b6, b7C

Telephone Access
1.

General Requirements

The Standards suggest that facilities provide detainees with reasonable and
equitable access to telephones during established facility waking hours. 44 In order to meet this
requirement, facilities must provide at least one telephone for every 25 detainees. 45 The duration
and frequency of telephone calls may be restricted only for reasons of availability, orderly
operation of the facility, and emergencies. 46
The Center has implemented this section of the Standards.
Each housing unit contains seven to eight telephones available for use whenever
detainees are in the unit (except during meal times and head counts) and the recreational areas
also contain telephones. 47
2.

Direct vs. Collect Calls

The Standards allow facilities to generally restrict calls to collect numbers;
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. 48 The facility shall
not require indigent detainees to pay for these types of calls if local, nor for non-local calls if
there is a compelling need. 49 In addition, the facility should allow all detainees to make calls to
the ICE-listed free legal service providers and consulates at no charge to the detainee or the
receiving party. 50
The Center has not fully implemented this section of the Standards.
Under the current phone system at the Center, the detainee is prompted to choose
to make either a paid call or a collect call. If the detainee chooses to make a paid call, he must
type in a phone card number in order to complete the call. Detainees must purchase phone cards
within the facility for a cost of $5, $10, or $25. The calling rates are quite high, at 17¢ a minute
for local calls and $1 per minute for international calls. Detainees are not permitted to use
outside phone cards purchased by family or friends. 51

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.J.

Notes of delegation member

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

Id.

delegation member

on conversation with

b6, b7C

and PCS employee

Discussions with ICE staff indicated that if the detainee chooses to make a collect
call to any of the pro bono legal service numbers or consulates on the lists posted above the
phones, the call will be connected at no charge to the detainee or pro bono legal service. The
phone lists above the phones also provide pre-programmed code numbers which should connect
detainees directly to the pro bono legal services in the area at no cost. However, when
delegation members and ICE staff attempted to use the phones to call various pro bono legal
service providers and consulates, they by-and-large would not connect the caller to the dialed
number. 52
In some cases when a delegation member attempted to make a free call, an
automated message would indicate that the phone call was not accepted because collect calls
were blocked by the number dialed. In other cases, the automated message prompted the caller
to enter a pin number from a phone card. 53 Interviews with detainees indicated that difficulties
with making phone calls is longstanding. 54
b6
The delegation discussed the problem with PCS employee
,a
representative for the facility’s telephone service provider who happened to be on-site that day.
b6
Ms.
indicated that PCS would immediately initiate a comprehensive test of each posted
number to ensure that all were functional. 55

Interviews with various Spanish-speaking detainees revealed that many nonEnglish speaking detainees are unaware of how to use the pre-programmed technology. The
postings in the housing facilities are only available in English. 56
The delegation is concerned that the price of calls and the difficulties encountered
when trying to reach legal assistance deters detainees from using the telephones. Several
detainees noted that when telephones were more affordable they were used constantly. 57
3.

Telephone Usage Restrictions

The Standards provide that the facility shall not restrict the number of calls a
detainee places to his/her legal representatives, nor limit the duration of such calls by automatic
cutoff, unless necessary for security purposes or to maintain orderly and fair access to
telephones. 58 If time limits are necessary, they shall be no shorter than 20 minutes. 59
The Center has not fully implemented this section of this Standards.

Id.

Notes of delegation member

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

and

on conversation with PCS employee
b6

on conversation with

b6, b7C

Telephones in the housing units are turned off during meal times and head counts.
This practice sometimes creates a race to the phones when they are switched back on. 60
Contrary to the Standards, the Handbook imposes a 10-minute limit on phone calls when
telephone demand is high. 61
4.

Privacy for Telephone Calls on Legal Matters

The Standards provide that a facility should provide a reasonable number of
phones that afford detainees privacy in which to discuss legal matters without being overheard
by officers, facility staff, or fellow detainees. 62
The Center has not fully implemented this provision of the Standards.
Telephones at the Center are located in public dayrooms with no privacy
safeguards. 63 Several detainees voiced privacy concerns relating to legal calls, with one detainee
noting that he was especially concerned about saying something that “might be misinterpreted or
seen as antagonizing” when on the phone with his lawyer. 64
5.

Incoming Calls and Messages

The Standards suggest that facilities take and deliver messages from attorneys
and emergency incoming telephone calls to detainees as promptly as possible. 65 At Service
Processing Centers, this is to occur no less than three times per day. 66 Moreover, detainees are
to be allowed to return emergency telephone messages, which are to include the caller’s name
and telephone number, “as soon as reasonably possible within the constraints of security and
safety.” 67
The Center has implemented this section of the Standards.
Phone messages appear to be delivered in a relatively timely manner, with one
detainee noting that the facility was “quick and efficient” in relaying messages. 68
C.

Access to Legal Materials.

Notes of delegation member

SPSPC Detainee Handbook at 8.

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

Notes of delegation member

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

Notes of delegation member

b6
b6

.
, on interview with

on interview with

b6, b7C

The Standards state that facilities holding ICE detainees “shall permit detainees
access to a law library, and provide legal materials, facilities, equipment and document copying
privileges, and the opportunity to prepare legal documents.” 69
1.

Access to the Library

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. 70 Additionally, each detainee shall be permitted to use the law library
for a minimum of five hours per week. 71
The Center has not fully implemented this section of the Standards.
Each detainee is permitted an hour of library access per day. 72 Twice a week,
each detainee is given an extra hour of library time. 73 However, detainees regularly have to
forego recreation time in order to visit the library.74 Additionally, because only ten detainees
from each housing unit are allowed to visit the library each day, in practice, some detainees may
be unable to take advantage of the library on a given day. 75 This ten detainee limit goes against
the Handbook which provides that all detainees “will have the opportunity to visit the
library/reading room for at least one-hour per day.” 76
2.

Library Conditions

The Standards recommend that a facility’s library occupy a space sufficient to
allow “reasonable access” to those detainees wishing to perform legal research and writing. The
room should be well-lit, reasonably isolated from noisy areas of the facility, and shall contain
ample chairs and tables. 77
The Center has implemented this section of the Standards.
The library is a large, quiet room with plenty of chairs and tables. It appears that
the library could comfortably accommodate about ten people at a time. 78

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

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

Id.

Notes of delegation member

Id.

Notes of delegation member

Id.

SPSPC Detainee Handbook at 10.

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

Notes of delegation member

on conversation with

on interview with

b6, b7C

Library Supplies and Materials Identified in the Standards

The Standards suggest that each facility’s law library shall provide “an adequate
number of typewriters and/or computers, writing implements, paper, and office supplies to
enable detainees to prepare documents for legal proceedings.” 79 The law library should also
offer the materials listed in Attachment A to the chapter on Access to Legal Materials. 80 The
facility should post a list of its holdings. 81
The Center has substantially implemented this section of the Standards.
The Center maintains a list of available legal materials in the library which are
updated regularly. At the time of our visit, the “Daily Law Material Inventory Sheet” indicated
that the list had been updated on June 17, 2005, and ICE staff confirmed that the materials are
updated weekly. 82 Delegation members confirmed that materials available in the library were
current. 83 There are 46 sources listed in the Center’s list of legal materials; however, not all the
materials cited in the Standards are available. Examples of those not available are:








Code of Federal Regulations, Title 8, Aliens and Nationality
Administrative Decisions Under Immigration and National Laws
Immigration Law and Defense, by the National Lawyers Guild
UNHCR Handbook on Procedures and Criteria for Determining
Refugee Status
Considerations for Asylum Officers Adjudicating Asylum Cases for
Women
Immigration and Naturalization Service Basic Law Manual
Lawyer’s Committee Handbook on Representing Asylum
Applicants.

The library provides computers, writing tools, paper, and other supplies necessary
for conducting legal research. The computers operate on a stand-alone system, without internet
access. Detainees are given free access to LexisNexis to perform legal research, in addition to
the written materials in the library, but only one is attached to a printer. Detainees are permitted
to retain their legal research materials. 84 There are also two typewriters available for use by
detainees. 85 A couple of detainees cited problems with the computers being broken for a period
of time. 86
79

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

Detention Operations Manual, Detainee Services, Standard 1, Attachment A.

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

SPSPC Daily Law Material Inventory Sheet.

Notes of delegation member

b6
b6

on interviews with

b6, b7C

and

b6, b7C

Photocopies & Mail

The Standards suggest that detainees should be able to obtain photocopies of legal
materials when “reasonable and necessary for a legal proceeding involving the detainee.” 87 The
detainee must be permitted to make enough copies to file with the court and retain a personal
copy, and requests can be denied only for security reasons, violations of law, or if the request is
excessive or abusive. 88
The Standards also recommend that the facility provide free stamps and
envelopes for indigent detainees wishing to engage in legal correspondence, including
correspondence with a current or potential legal representative or with any court.89
The Standards suggest 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. 90 General correspondence shall normally be opened and
inspected for contraband in the presence of the detainee, but may be opened and even read
outside the presence of the detainee if security reasons exist for doing do. 91 Special
correspondence – which includes all written communication to or from attorneys, legal
representatives, judges, courts, government officials, and the news media – is treated
differently. 92 Incoming special correspondence can be inspected for contraband only in the
presence of the detainee, but it can never be read or copied. 93 Outgoing special correspondence
cannot be opened, inspected, or read. 94
The Center has not fully implemented these sections of the Standards.
Conversations with facility employees indicated that the Center provides legal
document photocopies as long as the detainee requests a reasonable amount. 95 All detainees are
also provided with an unlimited number of free envelopes and stamps for mail related to legal
matters upon submitting their request to a guard. 96 The facility does not monitor outgoing
mail. 97

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

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

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

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

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

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

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

Notes of delegation member

on conversation with Facility library staff.
b6

Notes of delegation member

Id.

on conversation with

b6, b7C

However, not all of the Center’s correspondence policies and procedures, as
detailed in the Handbook, are in keeping with the Standards. The following recommended
information is not included 98 :


Special correspondence may only be opened in the detainee’s
presence, and may be inspected for contraband but not read.

It is the detainee’s responsibility to inform senders of special mail
of the labeling requirement.

Details on how to obtain approval from the Officer-in-Charge to
send or receive packages.

The fact that certain identity documents (i.e. passports, birth
certificates) may be rejected by the facility as contraband.

Instructions on how to obtain writing implements, paper, and
envelopes.

The rules for providing indigent and certain other detainees free
postage.
We do not have sufficient information available as to whether incoming special
mail is reviewed in the presence of detainees.
5.

Personal Legal Materials

The Standards indicate that detainees should be permitted to retain all personal
legal material unless it creates a safety, security, or sanitation hazard. 99
The Center has implemented this section of the Standards.
Detainees are allowed to keep an unlimited amount of legal material in their
cells. 100
D.

Group Rights Presentations

The Standards provide that facilities holding ICE detainees, through
Intergovernmental Service Agreements, “shall permit authorized persons to make presentations
to groups of detainees for the purpose of informing them of U.S. immigration law and
procedures, consistent with the security and orderly operation of each facility.” 101 Attorneys and
legal representatives (including paralegals and legal assistants, with the proper supervision or
written notice thereof) must submit written requests to ICE to conduct such presentations. 102
Presentations should be scheduled during normal legal visiting hours, excluding weekends and

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

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

100

Notes of delegation member

101

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

102

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

on interview with

b6, b7C

holidays. 103 At least forty-eight hours before a scheduled presentation, informational posters are
to be prominently displayed in the housing units. 104 Presentations are open to all detainees, and
alternative arrangements should be made if a detainee cannot attend for security or segregation
reasons. 105 Additionally, the facility “may limit the number of detainees at a single session.” 106
The facility should select and provide an environment conducive to the presentation and allow at
least one hour for a presentation and question and answer session. 107 Presenters may distribute
ICE-approved materials. 108 Individual counseling should be permitted following a group
presentation. 109 Finally, the facility should provide regular opportunities for detainees to view
ICE-approved videotaped presentations on legal rights. 110
The Center has implemented this section of the Standards.
According to Officer b6, b7C and the Detainee Handbook, there are no restrictions
on group rights presentations, but there hasn’t been anyone who has provided a presentation
within the past two years. 111 All the detainees interviewed stated that the ICE-distributed “Know
Your Rights video is shown daily in each housing unit. 112 One detainee noted that the video is
presented in Spanish, English, and Chinese. 113

IV.

OTHER PROVISIONS OF THE ICE DETENTION STANDARDS
A.

Recreation

The Standards suggest that all detainees should have access to recreation “under
conditions of security and supervision that protect their safety and welfare.” 114 Detainees should
be housed in facilities with outdoor recreation. 115 If a facility only provides indoor recreation,
detainees must have access for at least one hour per day, including exposure to natural light. 116

103

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

104

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

105

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

106

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

107

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

108

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

109

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

110

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

111

Notes of delegation members

and

112

Notes of delegation members

113

Notes of delegation member

114

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

115

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

116

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

and
b6

, on conversation with

b6, b7C

Detainees should have access to “fixed and movable equipment,” including opportunities for
cardiovascular exercise, and games and television in dayrooms. 117
The Center has substantially implemented this section of the Standards.
The Center has a large outdoor recreation area with a basketball court, ping pong
tables, and equipment for strength training. Each housing unit also has a dayroom. Dayrooms
are common rooms where detainees are able to socialize, watch television and movies, and play
board games. Detainees have access to natural sunlight in the housing units and dayrooms. 118
One detainee, however, expressed that recreation time was often only 30-45 minutes per day,
which is less than the hour provided for in the Standards. 119
B.

Access to Medical Care

The Standards suggest that all detainees have access to medical services that
promote detainee health and general well-being. 120 Each facility is suggested to have regularly
scheduled times, known as sick call, when medical personnel are available to see detainees who
have requested medical services. 121 For a facility of over 200 detainees, a minimum of five days
per week is suggested. 122 Facilities must also have procedures in place to provide emergency
medical care for detainees who require it. 123 With respect to emergency care, the Standards state
that in a situation in which 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. 124 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-inCharge in writing. 125
The Standards recommend that Service Processing Centers possess adequate
space and equipment such that detainees may obtain basic health examinations and treatment in
private, within an area restricted from general detainee access. 126
The Center has fully implemented this section of the Standards.
The facility has an ambulatory clinic staffed by the U.S. Public Health Service
that is open around-the-clock, 7 days a week. The clinic has medical staff of 20 individuals, as
117

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

118

Notes of delegation member

119

Id., on conversation with

120

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

121

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

122

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

123

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

124

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

125

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

126

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

b6, b7C

well as additional private contract staff who range in levels of professional training (but include
one doctor, one pharmacist, and multiple nurses). In addition, one psychiatrist works 16 hours
per week in the clinic, and the Center is expecting a full-time psychologist to join the staff
shortly. 127
Detainees may obtain medical attention by submitting a request into a locked box,
the contents of which is delivered to medical personnel daily. 128 However, one detainee noted
that he occasionally waits three to four days after submitting his request to receive medical
treatment. 129 The impression is that non-emergency medical requests are seen as time
permits. 130 Another detainee stated he had to submit a request 5 to 10 times before receiving
medical attention, though he also acknowledged that the general wait time between a complaint
and being seen by medical personnel is 24 hours. 131
The Center provides suppressive medication to individuals diagnosed with
HIV. 132
C.

Access to Dental Care

The Standards suggest that detainees have an initial dental screening exam within
14 days of the detainee’s arrival and require the Facility to provide a number of services,
including emergency dental treatment and repair of prosthetic appliances. 133 For detainees who
are held in detention for over six months, routine dental treatment may be provided, including
amalgam and composite restorations, prophylaxis, root canals, extractions, x-rays, the repair and
adjustment of prosthetic appliances and other procedures required to maintain the detainee’s
health. 134
The Center has implemented this section of the Standards.
Although the Center does not have a dentist employed at the facility, medical
personnel informed the delegation that outside dentists are utilized to provide the necessary
treatment to detainees. 135 While some detainees confirmed that dental treatment was

127

Notes of delegation member

128

Notes of delegation member

129

Notes of delegation member

130

Notes of delegation member

131

Notes of delegation member

132

Notes of delegation member

133

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

134

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

135

Notes of delegation member

on conversation with Dr.
on conversation with

b6
b6, b7C

on conversation with
b6

b6, b7C

.
on interview with

b6, b7C

adequate, 136 another detainee stated that he experienced a severe toothache that prevented him
from sleeping, yet was only given a Tylenol instead of being provided with dental treatment. 137
D.

Detainee Classification

The Standards suggest that detention facilities use a classification system and
physically separate detainees in different categories. 138 A detainee’s classification is to be
determined on “objective” criteria, including criminal offenses, escape attempts, institutional
disciplinary history, violent incidents, etc. 139 Opinions, unconfirmed and unverified information,
and physical characteristics and appearance are not to be taken into account. 140 Classification is
required in order to separate detainees with no or minimal criminal records from inmates with
serious criminal records. 141
Additionally, all facility classification systems shall allow classification levels to
be re-determined and include procedures by which new arrivals can appeal their classification
levels. 142 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.” 143
The Center has implemented this section of the Standards.
The facility classifies detainees according to security risk. 144 Upon arrival at the
facility, detainees are classified as Level 1, 2, or 3. 145 Level 1 detainees are individuals who
either have no criminal record and are there for immigration violations only, or have been
convicted of non-violent offenses. 146 Level 1 detainees are never mixed with level 2 and 3
detainees, 147 as level 2 and 3 are comprised of individuals with serious criminal convictions
(including drug offenses, rape, murder, etc.). 148 Mr. b6, b7C explained that the facility’s
classification process is one of “constant evaluation and re-evaluation.” 149

136

Id.

137

Notes of delegation member

138

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

139

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

140

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

141

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

142

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

143

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

144

Notes of delegation member

, on conversation with

b6, b7C

145

Notes of delegation member

on conversation with

b6, b7C

146

Id.

147

Notes of delegation member

148

Notes of delegation members

149

Notes of delegation member

, on interview with

on conversation with

b6
b6
b6

and

on conversation with

b6, b7C

on conversation with
b6, b7C

b6, b7C

Although in the past the facility segregated transgender individuals, it no longer
does so unless the individual requests protective custody. 150 A transgender detainee confirmed
this, noting that although he was separated from the general population in 2003, he was
reintegrated after voicing complaints to facility personnel. 151
E.

Voluntary Work Program
1.

Standards and Procedures

The Standards suggest that all facilities with work programs provide an
opportunity for physically and mentally capable detainees to “work and earn money.” 152
Participation must be voluntary, and detainees are required to work according to a fixed
schedule. 153 Detainees shall “receive monetary compensation for work completed in accordance
with the facility’s standard policy.” 154
The Center has implemented this section of the Standards
There is a voluntary work program for detainees. Male detainees are permitted to
work in the kitchen, while female detainees are permitted to work in the laundry. 155 The per
hour wage is $1. 156 Detainees are not permitted to work more than 8 hours per day or 40 hours
per week. 157
F.

Detainee Grievance Procedures

The Standards suggest that every facility “develop and implement standard
operating procedures (SOP) that address detainee grievances” and make every effort to resolve a
detainee’s complaint or grievance informally before following more formalized procedures. 158 If
a more formal procedure is necessary, the officer in charge must allow detainees to submit
formal, written grievances to the facility’s grievance committee. 159 Each SOP should, among
other things, “establish a reasonable time limit for: (i) processing, investigating, and responding
to grievances; (ii) convening a grievance committee to review formal complaints; and (iii)
providing written responses to detainees who filed formal grievances, including the basis for the
decision.” 160 ICE recommends that detainees be given up to five days within which to make
150

Notes of delegation member

on conversation with

b6, b7C

on conversation with

b6, b7C

151

Notes of delegation member

152

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

153

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

154

Detention Operations Manual, Detainee Services, Standard 18, Sections III.K.

155

Notes of delegation member

156

Notes of delegation member

157

Notes of delegation member

158

Detention Operations Manual, Detainee Services, Standard 5, Sections I and III.A.1.

159

Detention Operations Manual, Detainee Services, Standard 5, Section III.A.2.

160

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

b6
b6

their concern known to a member of the staff. 161 For both informal and formal grievance
procedures, translation services or language assistance must be provided upon request. 162 An
appeals process should be in place if a detainee does not accept the grievance committee’s
decision. 163 The facility should devise a method for documenting detainee grievances, at
minimum in a Detainee Grievance Log. 164 The facility should also provide each detainee, upon
admittance, a copy of the detainee handbook or equivalent, detailing the procedures for filing and
resolving a grievance and appeal. 165 The detainee handbook should also notify detainees of
procedures for contacting ICE to appeal the decision of the OIC of the facility, and of the
opportunity to file a complaint about officer misconduct directly with the Department of
Justice. 166 The Standards also stress that facility staff must not “harass, discipline, punish, or
otherwise retaliate against a detainee lodging a complaint,” but if an individual establishes a
pattern of filing nuisance complaints or otherwise abusing the grievance system, facility staff
may refuse to process subsequent complaints. 167 Allegations of officer misconduct should be
forwarded to a higher-level official in the chain of command and to ICE. 168
The Center has substantially implemented this section of the Standards, but
the delegation has some serious concerns.
The Handbook contains all of the elements suggested in the Standards, although
the address provided for the Department of Justice is different from that listed in the
recommendations. Detainees were all generally aware of the grievance and disciplinary
procedures. 169
The Handbook states that informal or oral grievances will be resolved by staff
If it is beyond the scope of the staff’s authority, detainees can fill out a formal
informally.
grievance form. 171 The forms are logged and someone will meet with the detainee and interview
him regarding the grievance. 172 One detainee stated, however, that the guards in his housing
facility generally ignore his informal complaints. 173 Several detainees expressed apprehension
170

161

Detention Operations Manual, Detainee Services, Standard 5, Appendix.

162

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

163

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

164

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

165

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

166

Detention Operations Manual, Detainee Services, Standard 5, Section III.G.6.

167

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

168

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

169

Notes of delegation members

170

SPSPC Inmate Handbook at 20.

171

Id.

172

Notes of delegation member

173

Notes of delegation member

and

b6
b6

on interview with

b6, b7C

about filing a grievance for fear of reprisal through transfer to another facility. 174 Another
detainee commented that he had not filed a grievance because he “fears being transferred to San
Francisco or Santa Ana where things will be worse.” 175

Religious Practices

The Standards provide that detainees “will be provided reasonable and equitable
opportunities to participate in the practices of their respective faiths.” 176 Practices will be
constrained only by “concerns about safety, security, the orderly operation of the facility, or
extraordinary costs associated with a specific practice.” 177 A detainee should be allowed to wear
or use personal religious items during religious services and to wear religious headwear around
the facility, consistent with considerations of security, safety, or good order. 178 The facility
should also, within reason, accommodate detainee’s religious dietary requirements. 179
The Center has substantially implemented this section of the Standards.
The facility provides a room for a variety of religious practices. 180 The religious
services personnel are accommodating to the current religious needs, which currently includes
Christians, Jews, and Muslims. Prayer mats are provided to Muslims to keep within their
pods. 181 The facility also has performed several baptisms. 182 If an immediate family member
dies, a detainee may be permitted to attend the funeral service. 183
The Center claimed to make accommodations for religious dietary needs, 184
however, a kosher detainee complained that his kosher meals had ceased a month prior to our
visit and despite his requests, had not resumed. 185
H.

174

Marriage Requests

Notes of delegation members

and

on conversations with

b6, b7C

175

Notes of delegation member

176

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

177

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

178

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

179

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

180

Notes of delegation member

181

Notes of delegation member

182

Notes of delegation member

183

Notes of delegation member

184

Notes of delegation member

185

Notes of delegation member

on conversation with

b6, b7C

b6
b6

on conversation with Center’s chaplain.
on conversation with Center’s chaplain.
on conversation with

b6, b7C

on conversation with
b6

on interview with anonymous detainee.

b6, b7C

and

The Standards require facilities to institute a policy to enable eligible ICE
detainees to marry. 186
The Center has fully implemented this section.
According to ICE officials and staff members from the Center’s religious services
department, detainees routinely request and are granted permission to marry at the facility. ICE
officials estimate that approximately 12 to 20 marriages are performed at the Center annually. 187
I.

Staff-Detainee Communication
1.

Scheduled Contact with Detainees

The Detention Standards suggest procedures be in place “to allow for formal and
informal contact between key facility staff and ICE staff and ICE detainees and to permit
detainees to make written requests to ICE staff and receive an answer in an acceptable time
frame.” 188 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
(OIC), the Assistant OIC, and designated department heads. 189 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. 190
The Standards suggest that detainees “have the opportunity to submit written
questions, requests, or concerns to ICE staff.” 191 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.” 192 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.” 193
The Center has implemented this portion of the Standards.
The Center has between 55 and 77 ICE officials onsite. Detainees can contact
ICE staff using request forms. These forms can be sealed and addressed to the deportation

186

Detention Operations Manual, Security and Control, Standards 11, Section III.A.

187

Notes of delegation member

188

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

189

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

190

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

191

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

192

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

193

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

, on conversation with

b6, b7C

officer or other officers in charge. 194 Written requests to ICE officials are delivered to ICE staff
without being read, altered, or delayed by facility staff. 195
2.

Record Keeping and File Maintenance

The Standards suggest that facilities record all requests in a logbook specifically
designed for that purpose and that log should contain: “date the detainee request was received,
detainee’s name, A-number, nationality, officer logging the request, the date that the request,
with staff response and action, is returned to the detainee, and any other pertinent site-specific
information.” 196 The Standards also suggest that the date the request was forwarded to ICE as
well as the date it was returned need to be recorded and the requests must remain in the
detainee’s detention file for at least three years. 197
The Center has implemented this section of the Standards.
A log of detainee requests is kept. 198
3.

Detainee Handbook

The Standards suggest that the facility must provide each detainee, upon
admittance, a copy of the detainee handbook or equivalent.199 The handbook also must state
“that the detainee has the opportunity to submit written questions, requests, or concerns to ICE
staff and the procedures for doing so, including the availability of assistance in preparing the
request.” 200
The Center has fully implemented this section of the Standards.
Mr. b6, b7C provided a copy of the Center’s Detainee Handbook, revised in May
2005. The detainees are given the Handbook upon arrival and it is available in English and
Spanish. 201 The handbook addresses most of he areas specified in the Standards, including the
detainee’s basic responsibilities, meals, count procedures, and visiting hours. It also describes
clothing policies, mail procedures, telephone access, and medical care. 202

IV.

CONCLUSION

194

Notes of delegation member

195

Notes of delegation member

196

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.2.

197

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.2.

198

Notes of delegation member

199

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

200

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

201

Notes of delegation member

202

SPSPC Detainee Handbook.

b6
b6

on conversation with
on conversation with

, on conversation with

b6, b7C
b6, b7C

b6, b7C

The San Pedro Service Processing Center has implemented most of the ICE
Detention Standards. However, there are serious shortcomings in terms of telephone privacy
and access. The Center should ensure that the telephone lists and dialing instructions are
available in English and Spanish, and should periodically confirm that all the numbers listed are
in fact accessible when dialed. Additionally, privacy measures should be implemented so that
detainees are able to contact an attorney without fear of being overheard. It also seems that the
cost of phone calls is prohibitively high, and if that cost remains unchanged, visitors should at
least be able to provide detainees with phone cards.
While the facility provides time for visitors, it does not provide a comfortable
waiting environment. Shade and adequate seating would be an appropriate measure to remedy
this.
Finally, while detainees seemed generally approving of the facility’s staff, the fear
of retaliation for grievances is still prevalent. The fear of being transferred to the “Santa Ana”
facility should not be used to prohibit detainees from presenting their grievances to the facility’s
staff.

Delegation Observation

Source

Standard 17, Visitation
 III.H.1. The facility’s written rules shall specify time
limits for visits: 30 minutes minimum, under normal
conditions.
 III.H.3. Staff shall verify each visitor’s identity before
admitting him/her to the facility.
Standard 17, Visitation
 III.H.3. Staff shall verify each visitor’s identity before
admitting him/her to the facility.



Detainee
Handbook.
Detainee

Standard 17, Visitation
 III.I. Hours. The facility shall permit legal visitation
seven days a week, including holidays. It shall permit
legal visits for a minimum of eight hours per day on
regular business days, and a minimum of four hours per
day on weekends and holidays.
Standard 16, Telephone Access
 III.E. The facility shall enable all detainees to make calls
to the INS-provided list of free legal service providers
and consulates at no charge to the detainee or the
receiving party.



The Handbook does not indicate the length of
each visit (p.5 ¶3).
Detainee stated some visits from family and
friends are limited to 15 minutes, and that his
wife waited four hours for a 15-minute visit
(p.5 ¶3).
Detainee indicated a guard refused his
boyfriend entry, alleging that he did not present
valid green card, though detainee believes that
it is valid. Detainee believes the guard’s actions
were retaliatory because detainee had
previously filed a complaint against the guard
(p.5 ¶3).
Detainee was only allowed to meet with
attorney for five minutes during recent visit,
and then attorney was forced to leave, because
“guard shift was changing” (p.4 ¶3).

Delegation members and ICE staff attempted to
call using pre-programmed numbers, but
phones generally would not connect to the
dialed number (p.7 ¶1). In some attempts to
make a free call, an automated message would
indicate that collect calls were not accepted; in
others the caller was prompted to enter a phone
card PIN number (p.7 ¶2). Detainees indicated
these problems are longstanding (p.7 ¶2).

Delegation and
ICE officer
observations.



ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainee

b6, b7C



Detainee

ICE Response

b6, b7C



ICE Standard*

b6, b7C

Facility Name: SAN PEDRO SERVICE PROCESSING CENTER, LOS ANGELES, CALIFORNIA
Date of Tour: August 3, 2005
Tour Participants: Latham & Watkins LLP attorneys and summer associates
*Standards are Detainee Services Standards unless otherwise indicated. Issues are listed in the orde

2/19/2009

Interviews with Spanish-speaking detainees
revealed that many non-English-speaking
detainees are unaware of how to use the preprogrammed technology (p.7 ¶4).

Detainee
interviews.



The Handbook imposes a 10-minute limit on
calls when telephone demand is high (p.8 ¶1).

Detainee
handbook.



Telephones are in public dayrooms with no
privacy safeguards (p.8 ¶3).
Detainee was concerned about speaking freely
in the presence of officials (p.8 ¶3).

Delegation
observations.
Detainee



Two detainees cited problem of computers
being broken for a period of time (p.10 ¶3).

Detainees
and

Standard 1, Access to Legal Material
 III.C. The law library shall contain the materials listed in
Attachment A.



Not all the materials listed in the Standards are
available, including: Code of Federal
Regulations, Title 8; Administrative Decisions
Under Immigration Laws; etc. (listed in full
p.10 ¶2).

Delegation
observations.



Detainees regularly have to forego recreation
time in order to use the library (p.9 ¶3).

Detainee

b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C

10. Standard 1, Access to Legal Material
 III.G. 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.



b6, b7C



b6, b7C

Standard 16, Telephone Access
 I. Facilities holding [ICE] detainees shall permit them to
have reasonable and equitable access to telephones.
 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.
Standard 16, Telephone Access
 III.F. The facility shall not restrict the number of calls a
detainee places to his/her legal representative, nor limit
the duration of such calls by rule or automatic cut-off,
unless necessary for security purposes or to maintain
orderly and fair access to telephones. If time limits are
necessary for such calls, they shall be no shorter than 20
minutes ….
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.
Standard 1, Access to Legal Material
 III.B. Equipment. The law library shall provide an
adequate number of typewriters and/or computers, … to
enable detainees to prepare documents for legal
proceedings.

2/19/2009

Delegation
observations.



Detainee stated that recreation time was often
only 30-45 minutes per day (p.14 ¶2).

Detainee



Detainees expressed apprehension of filing a
grievance for fear of reprisal through transfer to
another facility (p.19 ¶1).

Detainees
and

14. Standard 14, Religious Practices
 III.M. The food service will implement procedures for
accommodating, within reason, detainees’ religious
dietary requirements.



Detainee complained that kosher meals ceased
a month prior to delegation’s visit and, despite
requests, had not resumed (p.19 ¶4).

Detainee
interview.

b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C

Information not included in the Handbook
includes: that special correspondence may only
be opened in the detainee’s presence, and may
be inspected for contraband but not read; rules
for providing indigent detainees free postage;
etc. (listed in full p.12 ¶1).

b6, b7C



b6, b7C

11. Standard 3, Correspondence and Other Mail
 III.B. The facility shall notify detainees of its policy in
correspondence and other mail through the detainee
handbook or equivalent … [and] shall specify: … 4.
That special correspondence may only be opened in the
detainee’s presence, and may be inspected for
contraband, but not read; … 9. The procedure for
purchasing postage (if any), and the rules for providing
indigent and certain other detainees free postage ….
12. Standard 13, Recreation
 III.B.1. If outdoor recreation is available at the facility,
each detainee shall have access for at least one hour
daily, at a reasonable time of day, five days a week,
weather permitting.
 III.B.2. If only indoor recreation is available, detainees
shall have access for at least one hour each day and shall
have access to natural light.
13. Standard 5, Detainee Grievance Procedures
 III.D. Retaliation. Staff will not harass, discipline,
punish, or otherwise retaliate against a detainee lodging
a complaint.

2/19/2009