Skip navigation

ICE Detention Standards Compliance Audit - Rio Grande Detention Center, Laredo, TX, ICE, 2015

Download original document:
Brief thumbnail
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
U.S. Department of Homeland Security

Immigration and Customs Enforcement
Office of Professional Responsibility
Inspections and Detention Oversight Division
Washington, DC 20536-5501

Office of Detention Oversight
Compliance Inspection

Enforcement and Removal Operations
ERO San Antonio Field Office
Rio Grande Detention Center
Laredo, TX

December 1–3, 2015

COMPLIANCE INSPECTION
for the
RIO GRANDE DETENTION CENTER
Laredo, Texas
TABLE OF CONTENTS
EXECUTIVE SUMMARY
Overall Findings...................................................................................................................2
Findings by Performance Based National Detention Standard (PBNDS) 2008 Major
Categories ............................................................................................................................3
INSPECTION PROCESS .............................................................................................................4
DETAINEE RELATIONS ............................................................................................................5
INSPECTION FINDINGS
SECURITY
Special Management Units ..................................................................................................6
CARE
Food Service ........................................................................................................................6
JUSTICE
Grievance System ................................................................................................................6
Law Libraries and Legal Material........................................................................................6

*

*

*

*

*

INSPECTION TEAM MEMBERS

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

Office of Detention Oversight
December 2015
OPR 201600850

Management and Program Analyst (Team Lead)
ODO
Inspections and Compliance Specialist
ODO
ODO
Inspections and Compliance Specialist
Inspections and Compliance Specialist
ODO
Contractor
Creative Corrections
Contractor
Creative Corrections
Contractor
Creative Corrections
Contractor
Creative Corrections
1

Rio Grande Detention Center
ERO San Antonio

EXECUTIVE SUMMARY
The Office of Detention Oversight (ODO) conducted a compliance inspection of the Rio Grande
Detention Center (RGDC) in Laredo, Texas, from December 1 to 3, 2015. 1 RGDC opened in
2008 and is owned and operated by the GEO Group Incorporated. The Office of Enforcement
and Removal Operations (ERO) began housing detainees at RGDC in 2013 pursuant to an
Intergovernmental Agreement (IGA) with the US Marshal’s Service, under the oversight of
ERO’s Field Office Director (FOD) in San Antonio.
ERO staff members are assigned to
Capacity and Population Statistics
Quantity
the facility. A Detention Services
Manager is not assigned to the ICE Detainee Bed Capacity 2
672
facility.
A GEO Warden is Average ICE Detainee Population 3
466
responsible for oversight of daily Male Detainee Population (as of 12/01/2015)
366
facility operations and is supported
Female Detainee Population (as of 12/01/2015)
N/A
by
personnel. The GEO Group
(b)(6), (b)(7)c
Inc. provides medical and food services. The facility holds American Correctional Association
and the National Commission on Correctional Healthcare accreditations.

OVERALL FINDINGS
This is ODO’s first inspection of the RGDC under
the Performance Based National Detention
Standards (PBNDS) 2008. ODO reviewed the
facility’s compliance with 15 standards and found
the facility compliant with 11 standards. ODO
found four deficiencies in the remaining four
standards.
Finally, ODO identified two
opportunities where the facility initiated corrective
action during the course of the inspection. 4

Inspection Results

FY
(PBNDS 2008)

Standards Reviewed

15

Deficient Standards
Overall Number of
Deficiencies
Deficient Priority
Components

4

Corrective Actions Initiated

2

4
0

1

Male detainees of security classification levels “Low,” “Medium,” and “High” are detained at the facility for
periods in excess of 72 hours.
2
Data Source: ERO Facility List Report as of December 8, 2015.
3
Ibid.
4
Corrective actions, where immediately implemented, have been identified in the Inspection Findings section and
annotated with a “C”.

Office of Detention Oversight
December 2015
OPR 201600850

2

Rio Grande Detention Center
ERO San Antonio

FINDINGS BY PBNDS 2008 MAJOR CATEGORIES
PBNDS 2008 STANDARDS INSPECTED 5

DEFICIENCIES

Part 1 – Safety
Environmental Health and Safety

0

Part 2 – Security
Admission and Release
Classification System
Funds and Personal Property
Sexual Abuse and Assault Prevention and Intervention
Special Management Units
Staff-Detainee Communication
Use of Force and Restraints
Sub-Total

0
0
0
0
1
0
0
1

Part 4 – Care
Food Service
Medical Care
Suicide Prevention and Intervention
Sub-Total

1
0
0
1

Part 5 – Activities
Telephone Access
Sub-Total

0
0

Part 6 – Justice
Detainee Handbook
Grievance System
Law Libraries and Legal Material
Sub-Total

0
1
1
2

Total Deficiencies

5

4

For greater detail on ODO’s findings, see the Inspection Findings section of this report.

Office of Detention Oversight
December 2015
OPR 201600850

3

Rio Grande Detention Center
ERO San Antonio

INSPECTION PROCESS
Every fiscal year, the Office of Detention Oversight (ODO), a unit within U.S. Immigration and
Customs Enforcement’s (ICE) Office of Professional Responsibility (OPR), conducts
compliance inspections at detention facilities in which detainees are accommodated for periods
in excess of 72 hours and with an average daily population greater than ten detainees, to
determine compliance with the applicable ICE National Detention Standards (NDS) 2000, the
Performance-Based National Detention Standards (PBNDS) 2008 or 2011.
During the compliance inspection, ODO reviews each facility’s compliance with those detention
standards that directly affect detainee health, safety, and/or well-being. 6 Any violation of written
policy specifically linked to ICE detention standards, other policies, or operational procedures
that ODO identifies is noted as a deficiency. ODO also highlights any deficiencies found
involving those standards that ICE has designated, under either the PBNDS 2008 or 2011, to be
“priority components.” 7 ICE considers those components to be of critical importance, given
their impact on facility security and/or the health and safety, legal rights, and quality of life of
detainees in ICE custody.
Immediately following an inspection, ODO hosts a closeout briefing in person with both facility
and ERO field office management to discuss their preliminary findings, which are summarized
and provided to ERO in a preliminary findings report. Thereafter, ODO provides ERO with a
final compliance inspection report to: (i) assist ERO in working with the facility to develop a
corrective action plan to resolve identified deficiencies; and (ii) provide senior ICE and ERO
leadership with an independent assessment of the overall state of ICE detention facilities. The
reports enable senior agency leadership to make decisions on the most appropriate actions for
individual detention facilities nationwide.

6
7

ODO reviews the facility’s compliance with selected standards in their entirety.
Priority components have not been identified for the NDS 2000.

Office of Detention Oversight
December 2015
OPR 201600850

4

Rio Grande Detention Center
ERO San Antonio

DETAINEE RELATIONS
ODO interviewed 20 detainees, who volunteered to participate. None of the detainees made
allegations of mistreatment, abuse, or discrimination. The majority of detainees reported being
satisfied with facility services, with the exception of the complaints below:
•

Telephone Access: Two detainees alleged they were having problems understanding how
to make telephone calls at the facility.
o

•

Action Taken: ODO made ERO staff aware of the detainee’s allegation. ERO
staff spoke to the detainees and explained the process for making telephone calls.

Medical Care: One detainee alleged he submitted a medical request for left knee pain on
November 30, 2015 and had not received medical care. The detainee also alleged he was
having problems getting out of his top bunk. Another detainee alleged he did not receive
proper medical care for a pre-existing abdominal operation.
o

Action Taken: ODO communicated the bed allegation to security staff and the
detainee was transferred to a bottom bunk on December 2, 2015. On December 3,
2015 the detainee was seen by medical staff for the knee pain.
In reference to the second detainee’s allegation of improper medical care for his
previous operation, he was seen by facility medical staff on December 2, 2015.

Office of Detention Oversight
December 2015
OPR 201600850

5

Rio Grande Detention Center
ERO San Antonio

INSPECTION FINDINGS
CARE
FOOD SERVICE (FS)
ODO reviewed the Food Service standard and found the kitchen clean and well maintained.
ODO verified utensils were controlled, and equipment was in good working order. However,
two of three walk-in coolers had boxes of food stacked within 18 inches of sprinkler deflectors
(Deficiency FS-1 8).
Corrective Action: Prior to the completion of the inspection, the facility moved the boxes
to lower shelves, creating the required 18-inch clearance (C-1).

JUSTICE
GRIEVANCE SYSTEM (GS)
ODO reviewed the grievance log and corresponding detention files of detainees who filed a
grievance and found that the facility did not place a copy of the grievance disposition in the
detainee’s detention file (Deficiency DGP-2 9). An interview with staff confirmed grievances are
not placed in the detainee’s detention file.
Corrective Action: Prior to the completion of the inspection, ERO placed copies of
grievance disposition in detainee’s detention files (C-2).
LAW LIBRARY AND LEGAL MATERIAL (LL&LM)
ODO reviewed the facility handbook and found the handbook did not inform detainees of the
way in which to report damaged or missing law library materials (Deficiency LL&LM-1 10).

SECURITY
SPECIAL MANAGEMENT UNITS (SMU)
ODO’s review of facility policy confirmed it is consistent with the standard with one exception.
According to the standard, continuation on protective custody for a detainee who has not
requested that status requires that the Facility Administrator or the Assistant Facility
Administrator sign the review form approving the continuation. RGDC policy states the Facility

8

“The area underneath sprinkler deflectors must have at least an 18-inch clearance.” See ICE PBNDS 2008,
Standard, Food Service, Section (V)(J)(5)(e).
9
“A copy of the grievance disposition shall be placed in the detainee’s detention file and provided to the detainee.”
See ICE PBNDS 2008, Standard, Grievance System, Section (V)(E).
10
“The Detainee Handbook or supplement shall provide detainees with the rules and procedures governing access to
legal materials, including the following information: The procedure for notifying a designated employee that library
material is missing or damaged.” See ICE PBNDS 2008, Standard, Law Library and Legal Material, Section
(V)(O)(6).

Office of Detention Oversight
December 2015
OPR 201600850

6

Rio Grande Detention Center
ERO San Antonio

Administrator or his designee, the Chief of Security, may approve continuation of involuntary
protective custody (Deficiency SMU-1 11).

11

“If the detainee has been segregated for his or her own protection, but not at the detainee's request, the signature of
the facility administrator or assistant facility administrator is required on the Form I-885 to authorize the alien’s
continued detention.” See ICE PBNDS 2008, Standard, Special Management Units, Section (V)(C)(3)(a).

Office of Detention Oversight
December 2015
OPR 201600850

7

Rio Grande Detention Center
ERO San Antonio