Treatment of Immigration Detainees Housed at ICE Facilities
Page 2
Background
The primary responsibilities of ICE’s DRO are to provide adequate and appropriate
custody management of immigration detainees until a decision is rendered
regarding their removal. In this regard, ICE operates eight detention facilities
called Service Processing Centers (SPCs). ICE augments its SPCs with seven
Contract Detention Facilities (CDFs). Contractors operate CDFs, which house only
detained immigrants. In addition, ICE uses state and local jails on a reimbursable
basis through Intergovernmental Service Agreements (IGSAs) and uses, at times,
joint Federal facilities with the Bureau of Prisons. Our audit included detention
facilities in each of the three categories: SPC (Krome), CDF (CCA San Diego),
and IGSA (Berks County Prison, Hudson County Correction Center, and Passaic
County Jail).
Under the Detention Management Control Program (DMCP), ICE personnel
prescribe policies, standards, and procedures for ICE detention operations and
review detainee facilities to ensure they are operated in a safe, secure, and humane
condition for both detainees and staff. According to the DMCP, each SPC was to
be reviewed beginning in Calendar Year (CY) 2002. In April 2002, all CDFs were
required to fall under the provisions of the DMCP, and IGSA facilities were fully
included beginning in fiscal year 2003. Due to the need to modify contractual
agreements with CDFs and IGSA facilities, these types of facilities were not
required at that time to meet all procedures and guidance outlined in the DMCP.
However, they are required to meet the intent of the published detention standards.
Also, IGSA facilities may adopt, adapt, or establish alternatives to the procedures
specified for SPCs and CDFs, provided they meet the objective represented by each
standard. ICE DRO conducts annual inspections for each detention facility used.
In November 2000, the former Immigration and Naturalization Service (INS)
established detention standards to ensure the “safe, secure, and humane treatment
of individuals detained by INS.” The 36 detention standards contained in the
Detention Operations Manual covered a broad spectrum of issues ranging from
visitation policies to grievance procedures and food service. These detention
standards applied to SPCs then operated by INS and CDFs. The majority of these
detention standards were implemented on September 20, 2000. They established
the minimal requirements that must be adhered to at all facilities, affording
immigration detainees rights and protections specified. Two additional standards
were issued subsequent to September 2000: (1) the detention standard regarding
staff-detainee communication was issued in July 2003, and (2) the detention
standard regarding detainee transfer was approved in September 2004. The
National Detention Standards are the result of negotiations between the American
Bar Association, the Department of Justice (DOJ), the (legacy) INS and other
organizations involved in pro bono representation and advocacy for immigration
detainees.