MEMORANDUM
To:

Anthony S. Tangeman, Deputy Executive Associate Commissioner Office
of Detention and Removal

From:

American Bar Association Delegation to Elizabeth Detention Center 1

Re:

INS Compliance with Detention Standards at the Elizabeth, New Jersey
facility

Date:

November 5, 2001

This memorandum summarizes and evaluates information gathered at the
Corrections Corporation of America (“CCA”), Elizabeth, New Jersey facility (“Elizabeth
facility”), through interviews of detainees, observation by delegation staff, and
discussions with INS and Elizabeth facility personnel on the July 9, 2001 visit.
INS Detention Standards
The Immigration and Naturalization Service promulgated the “INS Detention
Standards” in November 2000 to insure the “safe, secure and humane treatment of
individuals detained by the INS.” The thirty-six 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 INS Service Processing
Centers (“S.P.C.”), Contract Detention Facilities (“C.D.F.”), and state and local
government used by the INS through Intergovernmental Service Agreements
(“I.G.S.A.”). The Detention Standards went into effect at INS S.P.C.s on January 1,
2001. The INS aims to phase-in the standards in its contract facilities, and state and local
facilities, over the next two years. The INS Detention Standards constitute a “floor” not a
“ceiling” for treatment of INS detainees. In other words, they are meant to establish the
minimal requirements that INS must adhere to in its facilities. Each District Office or
Officer in Charge (OIC) may, in his or her discretion, promulgate policies and practices
affording INS detainees more enhanced rights and protections than those provided for by
the Standards.
The Elizabeth facility is a contract detention facility housing from 270 to 290
detainees from various nations. 2 The average length of stay varies from a number of
months to one year. 3 Moreover, the paucity of adequate pro bono representatives causes
the initial screening interview to take longer which further prolongs a detainee’s stay.
1

b6
The delegation was comprised of
of theABA Immigration Pro Bono Development
b6
and Bar Activation Project,
of the American Bar Association (“ABA”) Immigration Pro Bono
b6
b6
Development Project,
, Partner at Latham & Watkins (Washington, DC),
,
Partner at Fried, Frank, Harris, Shriver & Jacobs (New York, NY),
a partner at the law
b6
b6
firm of Mark & Santiago, P.C. and Vice President of the Hispanic National Bar Association; and
b6
, Associate at Shearman & Sterling (Washington, DC) and coordinator of the delegation report.
Ms.
s notes
b6
3
Conversation, Elizabeth INS facility Judge

1

The facility is located in a remote warehouse district of Elizabeth, NJ making outsider
access to the facility logistically difficult. 4
This memorandum discusses INS compliance with the Detention Standards of
INS Detention Operations Manual. The memo focuses on select portions of the standards
where INS compliance is of particular importance for the achievement of their stated goal
to insure the “safe, secure, and humane treatment” of INS detainees. In particular, this
memo focuses on INS facility compliance with the following Standards of the Detention
Operations Manual: (1) Legal Access; (2) Telephone Access; (3) Legal Materials; (4)
Group Rights Presentations; (5) Recreation Issues; (6) Classes; (7) Medical Issues; and
(8) Religious Issues.
I.

General Information

The INS Detention Standards require that each facility “develop a site-specific
detainee handbook to serve as an overview of, and guide to, the detention policies, rules,
and procedures in effect at the facility. The handbook also will describe the services,
programs, and opportunities available through various sources including the facility.” 5
The handbook is supposed to constitute a comprehensive guide to life in the facility and
include, at a minimum, the information specified in Section III, A through J of the
Detainee Handbook Standard, of the Standards. The purpose of the Handbook
requirement is to give detainees notice of all applicable rules, policies, and privileges of
the facility.
Based on our research conducted from our facility visit, it did not appear that INS
was in full compliance with this Standard. According to our interviews with two
detainees, the Elizabeth facility routinely did not routinely issue handbooks to incoming
detainees. 6 Additionally, multilingual handbooks were not provided and/or readily
available at the facility. Even if detainees were provided handbooks in English, based on
interviews with detainees, the importance of the handbook was not being emphasized or
explained to the detainees by INS staff. 7 Neither detainees that we interviewed was
provided with a handbook upon arrival at the Elizabeth facility. 8
INS’ failure to provide detainees with handbooks has potentially serious
consequences for detainees at the Elizabeth facility. Since detainees lack notice of
facility procedures and policies, they risk committing unintentional infractions of the
disciplinary code. The purpose of requiring the issuance of a handbook to all detainees is
not only to inform detainees of applicable procedures but to avoid unnecessary violations
of procedures predicated on misunderstandings or lack of notice. Unintentional
disciplinary infractions may severely prejudice the legal status of a person facing the
post-order custody review process, because the INS considers any such disciplinary
4
5
6
7
8

Ms.
notes
b6
Detention Operations Manual, Detainee Services (5)(I).
b6, b7C
Interview with detainees
and b6, b7C
on July 9, 2001.
Id.
Id.

2

violation an adverse factor in determining whether to release or continue detaining the
alien. 9 Disciplinary infractions are routinely relied on by the INS to deny the release of
detainees facing post-order detention.
II.

Legal Access / Visitation

The range of permissible visitors includes: Consular officials, attorneys, legal
representatives, friends, family, and media. No laptops are allowed during any visitation.
A.

Visitation by Attorneys

The Standards provide that facilities should allow detainees to meet privately
with their current or prospective legal representatives and legal assistants and to meet
with their consular officials. The policy concerning legal service visitation is also
outlined in the handbook.
Attorneys are allowed to visit seven days a week at the Elizabeth facility. Our
delegation observed attorneys in meeting rooms with their clients. The posted attorney
visitation hours were from 6:00 a.m. to 10:00 p.m. Legal visitation is available to
detainees for at least eight hours per day on weekdays and four hours per day on
weekends and holidays. A detainee will not be forced to conclude an attorney-detainee
interview for routine scheduled events such as lunch. If an attorney visitation runs into
the scheduled lunch hour, the detainee’s lunch will be delivered to him. In addition, legal
visitations will not be interrupted for routine counts. 10
All meeting rooms can be observed by the Elizabeth facility staff; however, they
offer some degree of privacy. Interview rooms are available to attorneys, for “contact”
visits or non-contact telephone interview equipment is available. 11 All detainees are
subject to a pat-down search after an attorney visit. 12 The handbook defines the types of
searches conducted at the Elizabeth facility. 13 Attorneys are not permitted to take
photographs. Instead, INS officials will take photographs at the attorney’s request. 14
Legal assistants are permitted to visit the detainees unaccompanied by their
supervising attorney. Prospective legal representatives may visit without completing a

9

See Post Order Custody Review Procedures, 8 C.F.R. § 241.1 “Continued detention of inadmissible,
criminal and other aliens beyond the removal period. The regulation provides, “Factors for Consideration.
The following factors should be weighed in considering whether to recommend further detention or release
of a detainee: (1) The nature and number of disciplinary infractions or incident reports received when
incarcerated or while in Service custody.” See 8 C.F.R. § 241.1(f)(1).
10
b6
Ms.
notes
11
b6
Ms.
notes
12
b6, b7C
Conversation with
, acting head of facility. Interview with detainee,
also
b6, b7C
corroborates this fact.
13
See Detainee Handbook (June 2000) at 12.
14
b6
Ms.
notes

3

Form G-28. A current list of pro bono legal organizations is posted in the detainee
housing areas, allowing detainees to sign-up for such services. 15
B.

Visitation for Consultation of Detainees Subject to Expedited
Removal

At the Elizabeth facility, when a detainee is held subject to expedited removal, the
detainee is permitted to consult with any person of his choice while the asylum officer’s
decision is under review. Consultations may be in person or by phone. These visits are
permitted seven days per week, from 6:00 a.m. to 10:00 p.m. 16
C.

Visitation by Family, Friends and the Media

The Standards provide that facilities should permit authorized persons to visit
detainees within security and operational constraints. To maintain detainee morale and
family relationships, INS encourages visits from family and friends. Additionally,
facilities should permit members of the media and non-governmental organizations to
have access to non-classified and non-confidential information about the facility’s
operation.
The handbook indicates that family visitation hours are Saturdays, Sundays and
holidays from 9:00 a.m. to 5:00 p.m. 17 However, signs in the Elizabeth facility’s main
lobby indicate a more restrictive schedule with some dormitories permitting visitation
only on Saturday and the other dormitories permitting visitation only on Sunday. 18 In
order to accommodate all of the detainees, the length of a visitation with family or friends
is limited to one hour. 19 There were no brochures listing the visiting hours in the lobby,
although the attendant noted that they are available upon request. If the regular visiting
hours are a hardship for family members, arrangements can be made for other suitable
visiting hours. 20
The visiting room’s layout is such that the detainee is separated from the visitor
by a thick glass wall. Visitors are separated from other visitors by short partitions.
Communication between the detainee and visitor takes place via telephone system.
Contact visits with friends and family are not permitted. 21
Members of the news media have access to the Elizabeth facility and detainees if
pre-arranged. Advance notice is required in all cases. 22

15
16
17
18
19
20
21
22

Ms.
notes
b6
Ms.
notes
See Detainee Handbook (June 2000) at 10.
Ms.
notes
b6
Ms.
notes
b6
Ms.
notes
b6
Ms.
notes
Ms.
notes

4

Medical experts do not typically visit the facility—rather, if it is determined that
their expertise is needed, the detainee is sent out of the facility to see the expert. 23
Although not outlined in the handbook, a formal detainee disciplinary process
takes place prior to revocation of a detainee’s visitation privileges. 24
III.

Telephone Access

The Standards provide that facilities shall permit detainees to have reasonable and
equitable access to telephones.
The delegation observed that phone booths were present in some of the recreation
areas with nearby bulletin boards listing pro bono telephone numbers, consular telephone
numbers, instructions to use the telephones, and telephone rates. The telephones were
equipped with debit card systems, with instructions in English, Spanish and Mandarin. 25
IV.

Legal Materials

The Standards mandate the designation of a law library in each INS facility. 26
Each library must be large enough to facilitate detainee research and writing in a well-lit
and reasonably quiet area. In addition, each library facility must have an adequate
number of tables and chairs, in order to provide access to all detainees who request to use
the library. Each facility must also provide materials, equipment and library holdings
sufficient to enable detainees to research and prepare legal documents.
It is questionable whether the law library in the Elizabeth facility meets the
minimum standards set forth by the INS Detention Standards. The law library is not
large enough to accommodate detainee needs and is not sufficiently equipped to enable
detainees to draft and produce legal documents.
A.

Materials Identified in Attachment A-2 of the Standards

The Standards require all law libraries to hold the legal materials contained in
Attachment A-2 of the Access to Legal Materials chapter of the Detention Operations
Manual. These materials must be updated regularly and information must be added on
significant regulatory and statutory changes regarding detention and deportation of aliens
in a timely manner. In addition, the Standards require that each facility post a list of
materials in the law library and designate an employee with responsibility for updating
the materials, inspecting them weekly and maintaining them in good order. 27

23
24
25
26
27

Ms.
notes
b6
Interview with
, District Director for New Jersey, on July 9, 2001.
b6, b7C
b6
Ms.
notes
Detention Operations Manual, Detainee Services Chapter 1: Access to Legal Material.
Detention Operations Manual, Detainee Services: Chapter 1 Access to Legal Materials.

5

The library is missing a number of materials on the list, and the list itself is not
posted for detainees to view. Examples of missing materials noticed on inspection
include: an updated Bender’s Immigration Law & Practice after 1998; a hard copy of the
CFR (which is apparently available on-line, though no notice of this was posted); and an
up-dated copy of Bender’s Immigration and Nationality Act publication since 1996. In
addition, the written library inventory list provided to the delegation indicated that the
BIA decisions have not been updated in hard copy since 1998. 28
Given the state of the library’s collection, it appeared that materials were not
promptly ordered and replaced when missing, nor were they updated regularly. We were
unable to discern on this visit if or how requests for additional legal materials are
handled.
B.

Library Conditions

The law library at Elizabeth is well-lit and near a hallway without much apparent
traffic. 29 However it is cramped, disorganized, and in need of improvement. Although
Elizabeth houses up to 300 detainees, the library can accommodate no more than five or
six detainees at a time. Although, the guard staffed at the library told us that space had
never been a problem, the inadequate facilities may curtail demand.
The library had only one typewriter. One is an inadequate number for a facility of
this size and falls short of one typewriter and/or computer for every five detainees that is
specified in the Standards. Additionally, we were unable to determine the policy and
frequency of repairs of broken typewriters or restocking of supplies.
There is no indication that detainees are prevented from working together on legal
documents. Detainees are allowed to retain papers with them in the residential units;
their storage bins can accommodate a fair amount of materials. We heard no complaints
of insufficient access to personal storage.
C.

Photocopies and Mail

A detainee has indirect access to photocopying equipment via INS officials. 30
With respect to legal materials, the notice posted in the law library indicates that
detainees are allowed three copies; the staff member working in the library indicated that
requests for additional copies are honored. There is no indication that staff members
review confidential materials. 31
According to the Standards, indigent women are entitled to free postage for a
specified number of legal and personal documents. Specifically, the Standards provide
that “[t]he facility will provide indigent detainees with free envelopes and stamps for
28

Mr.
Ms.
30
Ms.
31
Mr.

b6

29

b6
b6

notes
notes; Mr.
notes
notes

b6

notes

6

mail related to a legal matter, including correspondence to a legal representative,
potential legal representative or any court.” 32
D.

Computer Access, Equipment and Holdings

The Standards mandate that an adequate number of typewriters and/or computers,
carbon paper, writing implements, writing tablets and non-toxic liquid paper be available
for use by the detainees.
The law library has only two computers. The library’s collection includes
multilingual dictionaries, although interviews with French-speaking detainees revealed
that French-English dictionaries have not been available. 33 Detainees are provided with
free stationery. 34 It is questionable whether the Elizabeth facility law library provides its
detainees with access to the equipment necessary to draft and produce legal documents.
E.

Access to the Library

The Standards mandate that each facility devise a flexible schedule in order to
permit all detainees’ use of the law library for a minimum of five hours per week. These
five hours cannot cause a detainee to miss a meal, recreation time or any other planned
activity.
A detainee’s use of the law library is limited to two hours, twice per week.
However, those detainees using the law library on a regular basis are given permission to
stay up to five hours per visit. 35 A detainee is not forced to choose between library time
and recreation activities, although there is no written procedure for requesting additional
time. The law library is open from 8:30 a.m. to 4:30 p.m. 36
F.

Notaries, Certified Mail, and Miscellaneous Needs Associated with
Legal Matters

The Standards require that “[t]he facility shall provide assistance to any
unrepresented detainee who requests a notary public, certified mail or other such services
to pursue a legal matter” if the detainee is unable to meet the need through family
members or community organizations. 37
V.
Group Rights Presentations

32

The Delegation did not have sufficient time to obtain answers to questions relating to mail access.
Detention Operations Manual, Section 1(O) “Envelopes and Stamps for Legal Material.”
33
b6, b7C
Interview with detainee
on July 9, 2001.
34
b6
Ms.
notes
35
Conversation with CDC staff member and librarian.
36
b6
Mr.
notes; Ms.
notes
b6
37
Detention Operations Manual, Section 1(P) “Notaries, Certified Mail, and Miscellaneous Needs
Associated with Legal Matters.” The Delegation did not have sufficient time to obtain answers to these
questions or verify compliance with the Standards.

7

The Standards provide that facilities 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 the
INS facility. All facilities must cooperate fully with authorized persons seeking to make
such presentations. The area for a group rights/presentation however, is very small and
does not appear to be practical. 38 Moreover, detainees interviewed indicated that they
were not aware of the concept of group rights presentations and had not yet attended
any. 39
VI.

Recreation Issues

The Standards require that “all facilities shall provide INS detainees with access
to recreational programs and activities, under conditions of security and supervision that
protect their safety and welfare.” 40 Every effort is to be made to provide outdoor
recreation facilities, but lacking such, the recreation room should be large, with exercise
equipment and having access to sunlight. The Elizabeth facility’s recreation areas consist
of three areas: two indoor and one “outdoor.”
A.

Indoor Recreation

The first indoor recreation area was a bare open space with concrete benches
where detainees could congregate. It contained phone booths, postings for language
classes, bible study, law library hours, and a schedule of recreation activities. 41
The second indoor recreation area contained a library of books in various
languages. It also contained an exercise area, a table and chairs, some board games and a
video game booth. 42
B.

Outdoor Recreation

The extent of a detainee’s access to the outdoors is limited to a caged-in room
with a mesh-wire ceiling exposing the sky and allowing fresh air. The fencing is present
for security reasons. There is limited access to this room after rain, because the room
must be drained. 43 This plan meets the American Correctional Association’s definition
of outdoor recreation. 44
An interview with a detainee, however, revealed that there might not be sufficient
outdoor recreation offered. This detainee complained about the lack of fresh air and

38
39
40
41
42
43
44

Ms.
notes
b6
b6, b7C
Ms.
interview with detainees,
and
b6, b7C
Detention Operations Manual, Section 27 at 1.
Ms.
notes
b6
Ms.
notes
Ms.
notes
b6, b7C
Conversation with
District Director for New Jersey, on July 9, 2001.

8

sunlight, noting that his skin color had paled significantly during the duration of his time
in detention. 45
While compliant with the ACA requirements, for outdoor recreation, the
Elizabeth facility’s outdoor recreation area represents an exception under the Standards
to allow for a virtually indoor area to constitute outdoor recreation. The INS has no plans
to build any actual outdoor recreation area at the Elizabeth facility. 46
C.

Type of Recreation Available

The Elizabeth Detention Facility Orientation Brochure (hereinafter “Brochure”)
states:
[R]ecreation activities are provided as a means to build up energy and to
keep detainees in good physical condition. Such indoor and outdoor
activities may include basketball, volleyball, table tennis, weight lifting,
keyboard and board games. This facility also provides a library for
reading pleasure and a separate legal reference library.
Special activities are also provided at the facility. These activities may
include English classes, which are offered twice a week in the evenings,
and also religious services. Schedules for the special activities are posted
in each dormitory. 47
Furthermore, the Detainee Handbook states:
[A]ctivities for inside and outside recreation have been provided as a
means to release built up energies and to keep in good physical condition.
There will be a minimum of one hour of recreation daily. If possible, both
indoor and outdoor recreation will occur. Such activities may include
basketball, handball, table tennis and a universal gym.
Recreation will start in the morning with dorms scheduled for indoor
recreation and a different group for outdoor recreation. Outdoor
recreation will be held, weather permitting. Each morning a new dorm
area will start the rotation. 48
The delegation noted that basketball and volleyball courts were available in the
“outdoor” recreation area. Universal weights were also available. The indoor areas
featured room for soccer, a treadmill, and videogames. Art materials were also available
and the delegation observed artwork and murals created by detainees.

45
46
47
48

b6, b7C
b6, b7C
Interview with
(Egypt), INS
, on July 9, 2001.
b6, b7C
Conversation with
, District Director for New Jersey, on July 9, 2001.
INS Elizabeth Detention Facility Orientation Brochure (June 2000) at 8.
Detainee Handbook (June 2000) at 5.

9

D.

Extent of Recreation

Detainees at the Elizabeth facility are allowed at least one hour per day to
recreate, with this time often extended longer. An interview with a detainee revealed that
these times are usually extended to two hours of outdoor recreation plus one hour of
indoor recreation per day for each day of the week. 49
E.

Recreation for Detainees in Segregation

Detainees in segregation are entitled to the same recreation privileges as other
detainees, which is one hour per day for each day of the week, but they must recreate
alone for security reasons. 50
VII.

Classes
The Detainee Handbook states:
Special activities are also provided at the facility and are considered a
privilege and not mandatory to attend. Such activities may include
religious services (such as Juma prayer, Catholic services, and meetings
with the Rabbi) and recreational activities. Special activities will be
posted in the dormitory with sufficient notice to inform you of the time,
place, and date of the event. 51
Furthermore, the Brochure provides:
Special activities are also provided at the facility. These activities may
include English classes, which are offered twice a week in the evenings,
and also religious services. Schedules for the special activities are posted
in each dormitory. 52

The delegation observed a posting for bible study in the dormitory. The posting
noted that Bible study in English is offered Mondays at 6:30 to 7:15 p.m. and
Wednesdays at 7:30 to 8:15 p.m. 53
Although live English classes were cancelled in early 2000, INS makes available
ESL in the dormitories via video daily at 3:00 p.m. 54

49

b6, b7C
b6, b7C
Interview with detainee
(Nepal), INS
on July 9, 2001.
b6, b7C
Detainee Handbook (June 2000) at 5 and Conversation with
, District Director for
New Jersey, on July 9, 2001.
51
Detainee Handbook (June 2000) at 6.
52
INS Elizabeth Detention Facility Orientation Brochure (June 2000) at 8.
53
Mr.
notes
b6
54
Mr.
notes

50

10

Given the discrete nature of the noncriminal asylum-seeking constituency,
rehabilitation classes are not offered and would be unnecessary unless in the area of
mental health for victims of torture. 55
In conclusion, although these activities are consistent with the Standards, it
appears that INS could do more in the area of classes since, other than religious services,
there does not appear to be any structured live educational activities available to the
detainees.
VIII. Medical Issues
The Standards provide:
All detainees shall have access to medical services that promote detainee
health and general well-being. Medical facilities in . . . contract detention
facilities will maintain current accreditation by the National Commission
on Correctional Health Care. 56 Each facility is also to have regularly
scheduled times, known as sick call, when medical personnel will be
available to see detainees who have requested medical services. For a
facility of over 200 detainees, a minimum of five days per week is
required. 57 The INS policy with respect to emergency care states, “if a
detainee requires emergency medical care, the officer will immediately
take steps to contact a health care provider through established
procedures. 58
The Detainee Handbook further provides:
Medical services are provided by the U.S. Public Health Service
(“USPHS”). The function of the medical staff is to ensure that your health
is adequately maintained and problems, which occur during your stay at
this facility, are resolved. After completion of processing, you will be
seen by the clinical staff in the medical department. During your stay,
should you experience a medical problem, ask a staff member for
permission to see the nurse immediately. 59
The Handbook outlines procedures for entry-level appraisal by a registered nurse
including screening for syphilis, tuberculosis and other communicable or chronic
diseases. 60 This is followed by a general physical examination by a physician assistant or
physician for the purposes of identifying medical problems for possible immediate
treatment or follow-up care. 61
55
56
57
58
59
60
61

b6
Mr.
notes
Detention Operation Manual, Section 24 at 1.
Detention Operation Manual, Section 24 at 5.
Detention Operation Manual, Section 24 at 6.
Detainee Handbook, (June 2000) at 6.
Detainee Handbook, (June 2000) at 6.
Detainee Handbook, (June 2000) at 8.

11

Detainees who fall ill must obtain a sick call slip from a correctional officer,
complete the sick call slip, and drop the request into the box marked by a red cross. Sick
call is conducted twice daily during the week. On the weekend and after-hours, sick call
is limited to emergency and acute illness. 62
Medication is distributed by the facility pharmacist and certain medications are
dispensed individually by the staff nurse with a visit to the clinic. 63
A.

General Access to Healthcare

At the Elizabeth facility, the delegation interviewed Captain b6, b7C , the
Clinical Director, who has been an internist with the facility for five years. Commander
b6, b7C
is the USPHS pharmacist. There is one Physician Attendant, one Nurse
Practitioner and a USPHS periodentist. These practitioners are all accredited by NCCHS
and JACCQ. They are available twenty-four hours a day, seven days a week for medical
emergencies and often receive calls after-hours. 64 Procedures for requesting medical care
were posted conspicuously in the facility, as were signs referring to health service studies
conducted by the National Commission for Correctional Health Care and the Lawyers
Committee for Human Rights. 65
The medical staff uses the ATT Language Line for medical interpretation. Dental
care is outsourced to a local dentist. Emergency treatment, including psychiatric is
outsourced to two local hospitals. The medical staff makes OB/GYN referrals and also
has a contract psychiatrist who can make referrals. The medical staff is capable of
providing detainees with glasses when necessary. The pill line is run three times each
day. 66
The USPHS staff is responsible for handling the medical complaints 67 , but there
is no complaint procedure specified in the Detainee Handbook, nor are forms available to
the detainees in their dormitories. 68
Generally, the medical staff considers its role to maintain the detainee’s basic
health and intervene in emergency situations. Thus, no non-essential treatment, such as
preventative or cosmetic treatment is provided. The medical staff believes their ethical
duty as physicians comes first. The budget and costs are still considered, albeit later. All
medical staff is aware of and monitors their expenses against their budget. 69 Generally,
the medical and mental health policies and procedures appeared generally consistent with
the Standards.

62
63
64
65
66
67
68
69

Detainee Handbook, (June 2000) at 9.
Detainee Handbook, (June 2000) at 8.
Interview with Captain b6, b7C Clinical Director, on July 9, 2001.
Mr.
notes
b6
Interview with Captain b6, b7C , Clinical Director, on July 9, 2001.
b6, b7C
Interview with
, District Director for New Jersey, on July 9, 2001.
Mr.
notes
b6
Interview with Captain b6, b7C Clinical Director, on July 9, 2001.

12

B.

Privacy and Consent

Detainees are required to sign consent forms for examinations and invasive
procedures. 70
Generally, medical information is confidential to USPHS and only accessible to
the detainee’s lawyer through F.O.I.A. The F.O.I.A. requirement for medical file access
seems inconsistent with the Standards, which provide greater access to medical records
when authorized by the detainee. By comparison, other facilities use a USPHS medical
request form that the detainee signs to consent to attorney file access.
Although USPHS is under contract with INS, individual cases are not reported to
INS. However, weekly meetings are held on Wednesday mornings between USPHS,
INS, and the CCA staff to discuss facility issues. 71 Thus, it is unclear whether USPHS
staff shares individual medical information with INS. Further inquiry and examination of
the USPHS-INS contract is necessary.
Detainees who cannot fill out the medical request form in English will have other
detainees fill it out or stop the nurse during her rounds to dormitories for sick call or the
pill line. 72 This compromises the detainee’s reasonable expectation of privacy in his
medical status.
C.

H.I.V.

Detainees are not screened for H.I.V. unless there are visible indicators or they
request a screening. Detainees with H.I.V. are not segregated from the rest of the
population unless it is medically necessary for the detainees’ health or protection. 73
IX.

Religious Issues

The Standards provide that detainees of different religious beliefs will be
provided reasonable and equitable opportunities to participate in the practices of their
respective faiths. These opportunities must exist equally regardless of the number of
practitioners of the religion or whether the religion is “mainstream” or not.
At the Elizabeth facility, detainees have access to religious services and articles
such as crosses and rugs, as required under the Standards. The Elizabeth facility
provides Christian, Catholic, and Muslim services at least once a week with outside
volunteers. 74

70
71
72
73
74

Interview with Captain b6, b7C
Interview with
b6, b7C
Interview with
Interview with Captain b6, b7C
b6
Mr.
notes

Clinical Director, on July 9, 2001.
District Director for New Jersey, on July 9, 2001.
District Director for New Jersey, on July 9, 2001.
Clinical Director, on July 9, 2001.

13

As noted in Part VII, supra, Bible study times were posted. Bible study classes
are offered twice per week. 75 Although no other religious events were posted, an INS
official stated that there was access to a Muslim Imam at the facility. 76 Both the Koran
and the Bible were available in the recreation room library where the religious services
are held. Special religious diets are provided to detainees upon referral by the medical
staff at USPHS. 77
There seems to be a lack of access to individual religious counseling, as there is
no time for religious counseling after services. 78 Although religious volunteers are
permitted to visit from 6:00 a.m. to 10:00 p.m., it is unclear whether they can provide
individual counseling. 79 This may be due to security reasons.
X.

Other Issues
A.

Detainee Classification

As the Elizabeth facility is a non-criminal facility, detainees are not classified by
security or safety issues except for those placed in the Special Housing Unit (“S.H.U.”).
The S.H.U. is a hall of individual cells for administrative and disciplinary segregation.
Detainees are segregated in their housing units based on sex. INS also places people
slated for removal under expedited removal procedures in the S.H.U., because their
detention is temporary. Segregation of detainees slated for expedited removal is
troubling, as these detainees should not be treated in the same manner as a detainee being
disciplined. 80
B.

Accommodations

The Detainee Handbook provides, “[C]lean linens are provided for each person
entering the facility to include two sheets, one towel, one hand towel, one pillow case,
and two blankets.” 81 The Handbook also provides a schedule for laundering linens,
personal items, and jumpsuits.
Detainees sleep in cells with several beds in their housing unit. Toilets and
showers are available. 82 Some of the detainees interviewed stated that they sleep in a
room for six. 83 It is unclear whether these cells are locked during sleeping hours.
Individual Special Housing Units each come equipped with a toilet. Detainees are
provided with a linen change consisting of fresh sheets, blankets, and pillows once per
month. Fresh clothing is provided once per week. Free toiletry kits consisting of a comb,
75
76
77
78
79
80
81
82
83

b6
Mr.
notes
b6
Ms.
notes
b6
Mr.
notes
b6, b7C
Interview with detainee
(Nepal), INS
Mr.
notes
b6
Mr.
notes
Detainee Handbook, (June 2000) at 9.
b6
Mr.
notes
b6, b7C
Interview with detainees
and
b6, b7C

14

b6, b7C

, on July 9, 2001.

on July 9, 2001.

toothbrush, soap, and shampoo are provided to each detainee. Additionally, detainees
have access to razors on a daily basis. 84
C.

Personal Item Retention

The Orientation Brochure allows for property to be dropped off for detainees
limited to forty pounds per detainee. 85 Permitted items include clothing and shoes.
Toiletry items are not permitted. All property is subject to search. 86 Visitors may also
leave money with a designated staff member for deposit into the detainee’s account.
As prescribed by the handbook 87 , detainees are permitted to retain the following:
small religious items, soft-covered religious and secular reading materials, legal
documents and papers, prescription glasses, dentures, address books, personal
correspondence, a wedding ring, and up to ten 5’’ x 7’’ photographs. 88 These are kept in
bins located under the detainee’s bed. 89 Other property is itemized and stored. 90
D.

Dietary Requirements

A detainee has the freedom to request special dietary needs. Special dietary lists
are posted near the kitchen. Most diets endeavor to include 2500-3000 calories per day. 91
E.

Detainee Work Program

The Detainee Handbook provides:
[D]etainees can volunteer to perform tasks associated with the operation of
the facility. Such tasks may include general sanitation, working in food
service, laundry and other tasks. All work outside the dormitory is on a
voluntary basis. Eligibility will be determined by INS who will prepare a
volunteer worker list of detainees who have medical clearance. INS will
refer these detainees to the CCA for work. All volunteer detainee workers
will be paid $1.00 per day for their services. Detainees may sign up at any
time by submitting a request to INS. 92
The delegation noted that these opportunities were available for the detainees at
the Elizabeth facility—all non-segregation detainees are permitted to work voluntarily at
the rate of $1.00 per day. 93
84
85
86
87
88
89
90
91
92
93

b6
Mr.
notes
INS Elizabeth Detention Facility Orientation Brochure (June 2000) at 9.
b6
Mr.
notes
See Detainee Handbook, (June 2000) at 13.
b6
Ms.
notes
b6, b7C
Interview with
, District Director for New Jersey, on July 9, 2001.
Mr.
s notes
b6
Ms.
notes
b6
Detainee Handbook, (June 2000) at 8.
b6
Mr.
notes

15

F.

Grievance and Disciplinary Procedures

The handbook provides for the posting of disciplinary and grievance procedures
in the housing units. The handbook also provides for an informal grievance process
wherein Detainee Request Forms are made available in the dormitory in case of
complaints, suggestions, or concerns regarding areas governed by the CCA. These forms
are to be completed and dropped off in the INS box, and will be picked up on a daily
basis and responded to as soon as possible. 94
The Handbook also states that the policy for the formal grievance process must be
posted on the dormitory bulletin board. 95 The Handbook continues:
It is the policy of the Corrections Corporation of America to encourage
resolution of complaints at the lowest possible level since grievances
should be, whenever possible, resolved through direct contact with staff
responsible for the particular problem area. However, all detainees shall
have access to the formal grievance procedures any time the informal
process has not provided successful resolution of the complaint. Neither
employees nor detainees shall be subject to retaliation, reprisal,
harassment or discipline for use of participation in the grievance
procedures. Any allegations of this nature will be thoroughly investigated
by the Facility Warden and reviewed by the corporate office.
Once a detainee decides to file a formal complaint, a grievance form must
be obtained from the Correctional Officer working at the post duty station
where the detainee resides. This form must be completed and filed within
seven days of the alleged incident. The completed form must be placed in
the box in the dormitory marked “grievances.” The Facility Grievance
Officer shall, within five days of receipt of the grievance, conduct an
investigation of the grievance and render a written response to the
detainee. If the detainee wishes to appeal the response to the Facility
Warden (the highest administrative authority), he or she has five days to
complete the section of the grievance form described as “State Reason(s)
for Appeal” and place the form back into the grievance mailbox. The
Facility Warden will render a written decision on the grievance appeal
within fifteen days of receipt from the detainee. This decision is
considered final to any grievance matter. Upon notice to the grievant, the
time limitations may be extended for an additional thirty days to allow for
a more complete investigation of the claims contained in the grievance. 96
The delegation did not observe postings for disciplinary and grievance
procedures, nor did they observe the informal grievance process Detainee Request Forms
or the grievance mailbox, but this maybe due to the fact that they visited an uninhabited
94
95
96

See Detainee Handbook, (June 2000) at 11.
See Detainee Handbook, (June 2000) at 11.
See Detainee Handbook, (June 2000) at 21.

16

housing unit. 97 Furthermore, one of the detainees interviewed described his frustration
after having written the INS Deportation Officer regarding his lost luggage three or four
times since his arrival. The detainee believes that some of his luggage was sent back to
Japan by the airline. His luggage contained original documents that would substantiate
his asylum claim. The INS has not responded to his grievances. 98
The Detainee Handbook also outlines the disciplinary procedures, listing all
offenses and corresponding penalties governing the detainees in the facility and providing
for oral communication of these matters upon detainee processing. The disciplinary
procedures are to be posted conspicuously throughout the facility. 99
The Handbook’s disciplinary procedure is lacking in that it does not describe the
detainee’s rights in the process. The Disciplinary Board is a joint CCA-INS entity where
detainees have the right to be represented by CCA staff and the INS Officer In Charge is
responsible for the result. Outside representation, such as by attorneys or fellow
detainees, is not permitted in these proceedings. 100
At the Elizabeth facility, the delegation did not notice posted disciplinary
procedures.
Conclusion
Overall, the staff at the Elizabeth detention facility were informed of the
Standards and indicated that continued efforts are being made to ensure implementation
and compliance. However, as noted by this delegation, there is significant room for
improvement, particularly with respect to the provision of multilingual Detainee
Handbooks to detainees and updating and improving the legal resources available to the
detainees in the law library.

97

b6
Mr.
notes
b6, b7C
b6, b7C
Interview with detainee
(Nepal), INS
on July 9, 2001.
99
See Detainee Handbook, (June 2000) at 14-19.
100
Interview with
District Director for New Jersey, on July 9, 2001.
b6, b7C

98

17