U.S. Department of Homeland Security
Immigration and Customs Enforcement
Office of Professional Responsibility
Inspections and Detention Oversight
Washington, DC 20536-5501

Office of Detention Oversight
Compliance Inspection

Enforcement and Removal Operations
El Paso Field Office
Otero County Processing Center
Chaparral, New Mexico

March 5 - 7, 2013

COMPLIANCE INSPECTION
OTERO COUNTY PROCESSING CENTER
EL PASO FIELD OFFICE
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...........................................................................................................1
INSPECTION PROCESS
Report Organization .............................................................................................................4
Inspection Team Members ...................................................................................................4
OPERATIONAL ENVIRONMENT
Internal Relations .................................................................................................................5
Detainee Relations ...............................................................................................................5
ICE PERFORMANCE-BASED NATIONAL DETENTION STANDARDS
Detention Standards Reviewed ............................................................................................6
Classification System ...........................................................................................................7
Detention Files .....................................................................................................................9
Grievance System ..............................................................................................................10
Special Management Units ................................................................................................12
Staff-Detainee Communication .........................................................................................13

During this CI, there were no detainees on suicide watch. ODO reviewed the OCPC suicide
prevention training plan and noted all elements required by the PBNDS are covered. ODO
confirmed suicide prevention training for all correctional and medical staff is current. ODO
verified OCPC policy requires officers to conduct and document 15-minute checks of detainees
placed on suicide watch in accordance with the PBNDS.
OCPC has a designated Sexual Abuse and Assault Prevention and Intervention (SAAPI)
Coordinator. Detainees are provided information regarding the SAAPI program during group
orientation, in the facility orientation video, via postings in every housing unit, and in the
detainee handbook.
Detainees are screened during the intake process for sexual abuse victimization history and
predatory history. OCPC separates detainees with a history of predatory or abusive sexual
behavior from detainees with a history of victimization. The SAAPI Coordinator stated there
were no incidents of sexual abuse or assault in the 12 months preceding this CI
The Administrative Special Management Unit (SMU) and the Disciplinary SMU at OCPC are
well lit, temperature-appropriate, and sanitary. ODO reviewed Facility Liaison Visit Checklists,
and confirmed ERO officers regularly visit the SMU to interact with detainees and closely
monitor the living conditions in the SMU.
Under the OCPC staff-detainee communication policy, detainees can submit written questions,
requests, or concerns to OCPC and ERO staff via written request forms available from the onduty housing officer in each housing area. Detainees are encouraged to request assistance from
other detainees or OCPC staff members when completing the forms. The completed request
forms, which are available in English and Spanish, are deposited by detainees in a readily
accessible lockbox near the dining hall for daily collection by an ERO officer. Detainee requests
are electronically logged and responded to within 72 hours of receipt. ERO officers conduct
weekly scheduled visits with detainees to address their questions or concerns. Visitation
schedules are conspicuously posted in each housing unit. Local policy and procedures also
require ERO supervisory and non-supervisory staff to conduct and document unannounced visits
with detainees. ODO verified scheduled and unannounced supervisory and non-supervisory staff
visits are conducted and documented by ERO staff.
OCPC has a comprehensive written policy governing the use of force. Facility personnel do not
use four-point restraints, restraint chairs, or electro-muscular disruption devices. Protective
equipment and hand-held video cameras, for use in calculated use of force incidents, are
available in three locations within the facility for quick access and accelerated response time.
There were no uses of force at OCPC during the 12 months preceding this inspection.

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INSPECTION PROCESS
ODO inspections evaluate the welfare, safety, and living conditions of detainees. ODO primarily
focuses on areas of noncompliance with the ICE NDS or the ICE PBNDS, as applicable. The
PBNDS apply to OCPC. In addition, ODO may focus its inspection based on detention
management information provided by ERO HQ and ERO field offices, and on issues of high
priority or interest to ICE executive management.
ODO reviewed the processes employed at OCPC to determine compliance with current policies
and detention standards. Prior to the inspection, ODO collected and analyzed relevant
allegations and detainee information from multiple ICE databases, including the Joint Integrity
Case Management System, the ENFORCE Alien Booking Module, and the ENFORCE Alien
Removal Module. ODO also gathered facility facts and inspection-related information from
ERO HQ staff to prepare for the site visit at OCPC.

REPORT ORGANIZATION
This report documents inspection results, serves as an official record, and is intended to provide
ICE and detention facility management with a comprehensive evaluation of compliance with
policies and detention standards. It summarizes those PBNDS that ODO found deficient in at
least one aspect of the standard. ODO reports convey information to best enable prompt
corrective actions and to assist in the on-going process of incorporating best practices in
nationwide detention facility operations.
OPR defines a deficiency as a violation of written policy that can be specifically linked to the
PBNDS, ICE policy, or operational procedure. When possible, the report includes contextual
and quantitative information relevant to the cited standard. Deficiencies are highlighted in bold
throughout the report and are encoded sequentially according to a detention standard designator.
Comments and questions regarding the report findings should be forwarded to the Deputy
Division Director, OPR ODO.

INSPECTION TEAM MEMBERS

(b)(6), (b)(7)c

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Special Agent (Team Leader)
Detention and Deportation Officer
Special Agent
Contract Inspector
Contract Inspector
Contract Inspector

4

ODO, Phoenix
ODO, San Diego
ODO, Phoenix
Creative Corrections
Creative Corrections
Creative Corrections

Otero County Processing Center
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OPERATIONAL ENVIRONMENT
INTERNAL RELATIONS
ODO interviewed the Assistant Field Office Director, the Supervisory Immigration Enforcement
Agent, the Contracting Officer’s Technical Representative, the Detention Service Manager, the
MTC Warden, the Deputy Warden, and the MTC Captain. ERO and MTC management stated
the working relationship between the two entities is excellent, and the morale of ERO and MTC
staff is high.

DETAINEE RELATIONS
ODO interviewed 30 randomly-selected male detainees of all classification levels to assess the
overall living and detention conditions at OCPC. ODO inspected the housing units of the
detainees and observed them to be orderly and sanitary.
ODO received no complaints concerning access to the law library and legal materials, issuance
and replenishment of basic hygiene items, food service, medical care, recreation, religious
services, visitation, the grievance system, or access to ICE personnel. All detainees interviewed
stated they have not been strip searched, or experienced verbal, physical, or sexual abuse by staff
or detainees at OCPC.

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ICE PERFORMANCE-BASED
NATIONAL DETENTION STANDARDS
ODO reviewed a total of 16 PBNDS and found OCPC fully compliant with the following
11 standards:
Detainee Handbook
Disciplinary System
Environmental Health and Safety
Emergency Plans
Food Service
Hunger Strikes
Medical Care
Sexual Abuse and Assault Prevention and Intervention
Suicide Prevention and Intervention
Telephone Access
Use of Force and Restraints
As these standards were compliant at the time of the review, a synopsis for these areas was not
prepared for this report.
ODO found deficiencies in the following five areas:
Classification System
Detention Files
Grievance System
Special Management Units
Staff-Detainee Communication
Findings for each of these standards are presented in the remainder of this report.

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CLASSIFICATION SYSTEM (CS)
ODO reviewed the Classification System standard at OCPC to determine if there is a formal
classification process for managing and separating detainees based on verifiable and documented
data, in accordance with the ICE PBNDS. ODO interviewed staff, reviewed local policies and
procedures, and examined detention files and the classification process.
OCPC staff responsible for classifying detainees stated ICE provides only a Form I-213 (Record
of Deportable Alien) to aid in the detainee classification process. ODO reviewed 20 active
detention files containing the Form I-213 used for classification. Seven of the 20 forms
examined by ODO did not list information relevant to current offenses, past offenses, escapes,
institutional disciplinary history, documented violent episodes and incidents, medical
information, or a history of victimization while in detention (Deficiency CS-1). Using
appropriate forms that note relevant information pertaining to the history of each detainee
ensures a proper security classification and an appropriate housing assignment within the facility.
This deficiency was corrected on-site. ERO now provides all required information necessary to
complete proper classifications. MTC and ERO management are re-evaluating the classification
of detainees at OCPC to ensure accurate security classification levels have been assigned.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY CS-1
In accordance with the ICE PBNDS, Classification System, section (V)(E), the FOD must ensure
staff shall use facts and other objective, credible evidence documented in the detainee's A-file,
criminal history checks, or work-folder during the classification process. Relevant
considerations include current offense(s), past offense(s), escape(s), institutional disciplinary
history, documented violent episodes and incidents, medical information, and a history of
victimization while in detention. Personal opinion, including opinions based on profiling,
familiarity, or personal experience, may not be considered in detainee classification.
As appropriate, ICE/DRO offices shall provide non-ICE/DRO facilities with the relevant
information for the facility to classify ICE/DRO detainees. Staff is not to use personal opinion,
including assumptions based on familiarity, personal experience, or stereotypes, when
classifying detainees.
Classification staff shall utilize translation services when necessary.
Examples of Acceptable Forms and Information






I-221 - Order to Show Cause (OSC/WA) and Notice of Hearing, with bond conditions
(charging documents for aliens in deportation proceedings);
I-862 - Notice to Appear (charging document for aliens in removal proceedings);
I-110 and I-122 - Notice to Applicant for Admission, Detained for Hearing before
Immigration Judge (charging documents for aliens in exclusion proceedings);
Form I-203 – Order to Detain or Release;
Form I-213 - Record of Deportable Alien;

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



All conviction documents relating to charges on Form I-221, I-862, I-110/122, or I-213
above;
Criminal History (Rap Sheet) - NCIC/CII/TII, etc.; and
Any other official record or observation that is verifiable and can be used to complete the
classification process as defined in the Detainee Classification System User Manual.

Examples of Unacceptable Sources of Information




A written or oral account from any interested party unless and until it has been officially
confirmed;
Unconfirmed and unverified information provided by the detainee; and
The unverified, personal opinion of officers and other personnel.

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DETENTION FILES (DF)
ODO reviewed the Detention Files standard at OCPC to determine if files are created containing
all significant information on detainees housed at the facility for over 24 hours, in accordance
with the PBNDS. ODO reviewed detention files, logbooks, policies, and procedures, and
interviewed staff.
ODO reviewed ten active detention files to determine if required documentation was present. In
all ten files reviewed, ODO noted staff members created a detention file as part of admissions
processing at OCPC; however, officers completing the admissions portion of the detention file
failed to note the file had been activated (Deficiency DF-1).
OCPC staff maintains a logbook in the processing area containing an Order to Detain or Release
Alien (Form I-203) for each released detainee. ODO reviewed ten archived detention files and
confirmed all ten files were missing the Form I-203. A notation verifying each file is complete
and ready for archiving was also missing (Deficiency DF-2).

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY DF-1
In accordance with the ICE PBNDS, Detention Files, section (V)(A)(2), the FOD must ensure
the officer completing the admissions portion of the Detention File shall note that the file has
been activated. The note may take the form of a generic statement in the Acknowledgment form.
DEFICIENCY DF-2
In accordance with the ICE PBNDS, Detention Files, section (V)(E)(1-2), the FOD must ensure:
1. Upon the detainee’s release from the facility, staff shall add final documents to the file before
closing and archiving it after inserting:
 Detention file copies of completed release documents,
 The original closed-out receipts for property and valuables, and
 The original I-385 and other documentation.
2. The officer closing the Detention File shall make a notation (on the Acknowledgement form,
if applicable) that the file is complete at ready for archiving.

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GRIEVANCE SYSTEM (GS)
ODO reviewed the Grievance System standard at OCPC to determine if a process to submit
formal or emergency grievances exists, and responses are provided in a timely manner, without
fear of reprisal. In addition, the review was conducted to determine if detainees have an
opportunity to appeal responses, and if accurate records are maintained, in accordance with the
ICE PBNDS. ODO interviewed staff and reviewed local policies and procedures, the detainee
handbook, detention files, and grievance logs to ascertain the level of compliance with the
standard.
Facility officials encourage ICE detainees to resolve grievances informally; however, detainees
can pursue a formal grievance at any time. Detainees are able to appeal a grievance decision
through a second step grievance, and policies exist to prevent retaliation. A Grievance Officer
maintains a grievance log to track the grievance process, and policies exist to ensure allegations
of staff misconduct are reported to ICE officials. ODO verified copies of detainee grievances
and documentation of the resolutions for those grievances are maintained in individual detention
files, and a copy is provided to the detainee.
OCPC staff receives pre-service training and in-service training in identifying and responding to
emergency grievances. The facility handbook provides information to detainees regarding
emergency grievances; however, OCPC has no protocol requiring elevation of emergency
grievances to the immediate attention of the facility administrator (Deficiency GS-1).
ICE detainees may file grievances regarding any issue, including issues involving medical care.
All grievances, including medical grievances, are collected by the OCPC Grievance Officer.
Once the Officer determines the grievance to be of a medical concern, the Grievance Officer
routes the grievance to medical personnel for further action. This process does not allow formal
written grievances regarding medical care to be submitted directly to medical personnel
(Deficiency GS-2).
According to OCPC policy and procedure, a detainee wishing to appeal a medical grievance
decision must appeal it to the Warden within five days of receipt of the initial grievance decision.
There is no provision for a detainee to appeal a medical grievance to a medical professional
(Deficiency GS-3).

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY GS-1
In accordance with the ICE PBNDS, Grievance System, section (V)(C)(2), the FOD must ensure
the protocol for emergency grievance procedures shall bring the matter to the immediate
attention of the facility administrator, even if it is later determined that it is not a true emergency
and the grievance is subsequently routed through normal, non-emergency channels.
DEFICIENCY GS-2
In accordance with the ICE PBNDS, Grievance System, section (V)(C)(3), the FOD must ensure
formal written grievances regarding medical care shall be submitted directly to medical
personnel designated to receive and respond to medical grievances at the facility.
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DEFICIENCY GS-3
In accordance with the ICE PBNDS, Grievance system, section (V)(D), the FOD must ensure, in
the case of medical grievances, each facility shall establish procedures for appeal of a denial by
medical personnel. An additional level of appeal by medical personnel shall be available to the
detainee. All appeals of formal medical grievances and responses shall be reported to ICE/DRO.

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SPECIAL MANAGEMENT UNITS (SMU)
ODO reviewed the Special Management Units standard at OCPC to determine if the facility has
procedures in place to temporarily segregate detainees for disciplinary and administrative
reasons, in accordance with the ICE PBNDS. ODO reviewed SMU logs, facility policy, and
procedures; interviewed OCPC and ICE personnel; and inspected the SMU housing units.
OCPC maintains an SMU to house detainees from the general population for medical quarantine,
disciplinary infractions, gang affiliation, and other situations requiring segregation. OCPC does
not place detainees in the SMU without a valid segregation order and supervisory approval.
Prior to placement in the SMU, medical officials screen detainees to provide a medical
assessment. Detainees in administrative segregation are housed separately from detainees in
disciplinary segregation.
OCPC management maintains meticulous logs regarding all activity for each detainee housed in
the SMU. The logs record served meals, recreation, law library use, telephone use, medical
visits, and visitation by OCPC and ICE staff. Medical actions are recorded in a separate logbook
in compliance with the standard.
SMU rooms are sanitary, well lit, adequately ventilated, and appropriately climate controlled.
All beds are securely fastened to the floor and pose no threat to the safety of confined detainees.
Cells are designed for double occupancy, and facility policy allows the facility administrator to
place more than one occupant in a cell during exigent circumstances. OCPC policy and
procedure does not require the facility administrator to consult with the ERO HQ Detention
Management Division prior to approving additional cell occupants, which would provide ERO
HQ an opportunity to consult with DHS or ICE legal counsel, as required by the standard
(Deficiency SMU-1). Per the PBNDS, if a decision is made to approve additional cell
occupancy, a report of the action is to be filed with the facility and with the ICE Field Office
Director.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY SMU-1
In accordance with the ICE PBNDS, Special Management Units, section (V)(B)(3), the FOD
must ensure, under exigent circumstances, before approving any additional cell occupancy on a
temporary basis, the facility administrator shall consult with HQ DRO’s Detention Management
Division, who shall consult with DHS/ICE legal counsel. If a decision is made to approve such
additional cell occupancy, a report of the action should be filed with the facility and with the ICE
Field Office Director.

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STAFF-DETAINEE COMMUNICATION (SDC)
ODO reviewed the Staff-Detainee Communication standard at OCPC to determine if procedures
are in place to allow formal and informal contact between detainees and key ICE and OCPC
staff, and if ICE detainees are able to submit written requests to ICE staff and receive responses
in a timely manner, in accordance with the ICE PBNDS. ODO reviewed facility liaison logs,
telephone serviceability worksheets, and facility policy and procedures, and interviewed staff
and detainees to determine the level of compliance with the standard.
Local policy and procedures require ERO supervisory and non-supervisory staff to conduct and
document unannounced visits with detainees. ODO verified scheduled and unannounced
supervisory and non-supervisory staff visits are conducted and documented by ERO staff to
monitor and observe detainee living areas, the SMU, food service, recreation, and the medical
unit. During these visits, ERO officers complete the Facility Liaison Visit Checklist and the
Telephone Serviceability Worksheet in compliance with the Change Notice, National Detention
Standards, Staff/Detainee Communication, Model Protocol, dated June 15, 2007. Officers note
the names and alien numbers of interviewed detainees.
Detainees receive information regarding staff-detainee communication via the detainee
handbook, an orientation video, and postings in each detainee housing area. Under the OCPC
staff-detainee communication policy, detainees can submit written questions, requests, or
concerns to OCPC and ERO staff via written request forms available from the on-duty housing
officer in each housing area. Detainees are encouraged to request assistance from other
detainees or OCPC staff members when completing the forms. The completed request forms,
which are available in English and Spanish, are deposited by detainees in a readily accessible
lockbox near the dining hall for daily collection by an ERO officer. Detainee requests are
electronically logged and responded to within 72 hours of receipt. ERO officers conduct weekly
scheduled visits with detainees to address their questions or concerns. OCPC personnel ensure
visitation schedules and DHS Office of the Inspector General Hotline information are
conspicuously posted in each housing unit.
ODO verified through inspection of a random sampling of 20 detention files that ICE officials
responded timely to all detainee requests. ICE officials retain a copy of each detainee request
and provide the detainee a copy of the response. OCPC management also places a copy in the
individual detention file. ERO officials maintain all detainee requests in a comprehensive
electronic database that complies with the standard.
ODO confirmed OCPC has procedures in place to encourage and facilitate staff-detainee
communication between detainees and ICE staff; however, there is no written policy at OCPC
directing that detainee requests be promptly routed and delivered to the appropriate ERO official
by authorized personnel (not detainees) without reading, altering or delaying the individual
requests (Deficiency SDC-1).

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STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY SDC-1
In accordance with the ICE PBNDS, Staff-Detainee Communication, section (V)(B), the FOD
must ensure each facility administrator shall: Have written procedures to promptly route and
deliver detainee requests to the appropriate ICE/DRO officials by authorized personnel (not
detainees) without reading, altering, or delaying.

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