INS Detention Standards Compliance Audit - Florence Service Processing Center, Florence, AZ, 2007

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

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633 West Fifth Street, Suite 4000
Los Angeles, California 90071-2007
Tel: +213.485.1234 Fax: +213.891.8763
www.lw.com
FIRM / AFFILIATE OFFICES
Barcelona

MEMORANDUM

May 19, 2009
CONFIDENTIAL

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Washington, D.C.

File No. 502130-0027

To:
From:
Copies to:
Subject:

James T. Hayes, Jr., Director, Office of Detention and Removal, Immigration and
Customs Enforcement
American Bar Association Delegation to the Florence Service Processing Center 1
b6
ABA Commission on Immigration
Report on Observational Tour of the Florence Service Processing Center, Florence,
Arizona

This memorandum summarizes and evaluates information gathered at the Florence
Service Processing Center (“Florence SPC” or “the facility”) in Florence, Arizona, during the
delegation’s August 30, 2007 visit to the facility. The delegation gathered information through
observation of the facility, interviews with four detainees, and discussions with Florence SPC
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. 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 delegation was comprised of attorneys from the Los Angeles office of Latham & Watkins
b6
b6
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LLP, including
,
, and
b6
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b6
.

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

October 16, 2007
Page 2

The Detention Standards (the “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 establish the
minimum requirements to which ICE must adhere in its facilities. Each Field Office or Officerin-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 Visit, August 30, 2007

On Thursday, August 30, 2007, the members of our delegation met with several members
of Florence SPC’s staff and a representative from the ICE office in Florence, Arizona. Officerb6, b7C
b6, b7C
b6, b7C
in-Charge
, Assistant Officer-in-Charge
, Officer
b6, b7C
and ICE Official
led our delegation on a tour of the facilities and participated in
post-tour follow-up discussions. The delegation also met with medical personnel along the tour:
b6
b6, b7C
Lieutenant
and Physician’s Assistant
. The delegation appreciates
the cooperation of these individuals; they were direct and accommodating during our tour of the
facility.
Our report is based on the discussions we had with these Florence SPC and ICE
employees, as well as observations of the facility and interviews with four immigration
detainees. In many instances, the detainees’ reports were compatible with statements made by
facility personnel and our observations. In such cases, the delegation was able to more
accurately determine whether Florence SPC policy and procedures successfully met the
Standards. However, in certain instances, the detainees’ reports conflicted with statements made
by facility personnel. Where we were unable to reconcile the conflicting reports, the delegation
was unable to determine conclusively whether the Standards are being met.
B.

General Information About the Florence Service Processing Center

The Florence Service Processing Center houses federal immigration detainees.
b6, b7C
According to Officer-in-Charge
, Florence SPC has a population of
approximately 1,500 detainees; there are 1,422 beds for the permanent, static population and 325
for the staging area. 3 Staging areas are for detainees who usually stay three to five days while
awaiting imminent removal or transfer. 4 Florence SPC only houses males in the housing units,
b6, b7C
but the there are females housed in the staging areas. 5 Officer-in-Charge

Notes of delegation member
b6, b7C
.

Notes of delegation member

, on conversation with Officer-in-Charge (OIC)
on conversation with OIC
b6, b7C

Notes of delegation member

on conversation with OIC

b6, b7C

October 16, 2007
Page 3

estimated that the facility housed immigration detainees from over seventy different countries,
with the majority from Guatemala or Honduras. 6
III.

LEGAL ACCESS STANDARDS
A.

Visitation
1.

Visitation by Attorneys

The Standards require that facilities permit legal visitation seven days per week. 7
Attorneys should have access to their clients eight hours per day during the week and four hours
per day during the weekend. 8 The visits must be private, and should not be interrupted for head
counts. 9 Facilities should establish a procedure by which attorneys may call to determine
whether a detainee is housed in a particular facility. 10 Detention centers should permit visits
from attorneys, other legal representatives, legal assistants, and interpreters. 11
Florence SPC meets this section of the Standards. Attorneys may visit the detainees
seven days per week, from the hours of 8:00 a.m. to 4:30 p.m.. 12 Detainees also may have
telephone conferences with their attorneys using the phones at the housing units. 13 Attorneys
must provide a bar card or other evidence of their status to visit. 14 Non-attorneys (including
paralegals and law students) may meet with detainees, but must have a letter from an attorney to
be allowed access. 15
The information given in the “Florence Processing Center Detainee Handbook” (the
“Detainee Handbook”) is consistent with the information that the facility staff provided during
the tour. 16 No limits were placed on attorney visitation during mealtimes. 17 Detainee b6, b7C
6

Notes of delegation member

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

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.9.

, on conversation with OIC

b6, b7C

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.6.

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

b6
Notes of delegation member
, on examination of visiting hours schedule posted at
the front entrance of the facility and in the housing units; Florence Processing Center Detainee
Handbook (“Detainee Handbook”), p. 13. Handbook attached hereto as Attachment E (revised
March 2005).

Notes of delegation member

Detainee Handbook, p. 13.

, on conversation with OIC
b6

, on conversation with OIC
, on conversation with OIC

b6, b7C

October 16, 2007
Page 4

b6, b7C

meal.

stated that the facility provides a sack lunch to detainees if a visit continues through a
8

The Florence SPC has approximately three attorney visitation booths. 19 All visits in the
attorney visitation booths are semi-contact visits. 20 Each booth has a Plexiglas divider between
the detainee and the attorney, with an approximately two inch by twelve inch opening to allow
transfer of documents. 21 Attorneys are not searched, and detainees are subject to a pat down
search after a legal visit.22
The Florence SPC website has a telephone number to check the status of a particular
detainee, 23 and that the presence of a detainee can be confirmed by calling the listed number. 24
2.

Visitation by Family and Friends

To maintain detainee morale and family relationships, the Standards encourage visits
from family and friends. 25 The Standards require that facilities establish written visitation hours
and procedures, post them where detainees can see them, and make them available to the
public. 26 This includes procedures for handling incoming money for detainees. 27 The visiting
area is to be “appropriately furnished and arranged, and as comfortable and pleasant as
practicable.” 28 Visiting hours shall be set on Saturdays, Sundays, and holidays, and the
Standards encourage facilities to accommodate visitors at other times when they are facing a
particular hardship. 29 Visits should be at least thirty minutes long, and longer when possible. 30

Notes of delegation member

Observations of delegation member

Notes of delegation member

Observations of delegation member

Notes of delegation member
b6, b7C
interview with detainee

, on conversation with OIC

on interview with detainee

b6
b6

b6, b7C

, on conversation with OIC

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, on conversation with OIC

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See http://www.ice.gov/pi/dro/facilities/florence.htm.

Observations of delegation member

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

Detention Operations Manual, Detainee Services, Standard 17, Sections III.A & B.

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

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

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

and

October 16, 2007
Page 5

Florence SPC meets this section of the Standards. The visitation schedule is clearly
posted at the entrance to the facility. 31 A visitation schedule also is posted on the Florence SPC
web site. 32 Visiting hours are on weekends and holidays, from 8:30 a.m. until 11:15 a.m. and
from 12:30 p.m. until 3:15 p.m. 33 The Detainee Handbook does not place limits on the number
of visits, but requires authorization for visits of more than three people. 34 The schedule ensures
that each detainee may receive visitors either on Saturday or Sunday. 35 Florence SPC generally
confines visits to these hours, but supervisors may adjust the schedule for special visits. 36 The
Detainee Handbook provides that detainees can request special visits for large families, out-ofstate visitors and visitors unable to visit during the regular visitation hours. 37 Visits generally
last forty-five minutes, but may be shortened if the facility is crowded or extended at the
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supervisor’s discretion. 38 Visits are contact visits. 39 Detainee
stated that he was
40
subject to strip searches following a family visit. He also noted that former detainees were not
allowed to visit current detainees. 41
B.

Telephone Access
1.

General Requirements

The Standards require that facilities provide detainees with reasonable and equitable
access to telephones during established facility waking hours.42 In order to meet this
31

Observations of delegation members

and

Florence Service Processing Center, “Hours and Visitations,” available at:
http://www.ice.gov/pi/dro/facilities/florence.htm#visit.
33

Notes of delegation member
the front entrance of the facility.
34

, on examination of visiting hours schedule posted at

Detainee Handbook, p. 14.

b6
Observations of delegation members
and
Processing Center, “Hours and Visitations,” available at:
http://www.ice.gov/pi/dro/facilities/florence.htm#visit.

; Florence Service

Detainee Handbook, p. 14; observations of delegation member
during the delegation’s weekday tour.

Detainee Handbook, p. 14.

Detainee Handbook, p. 14; notes of delegation member

of visit in progress

, on conversation with OIC

b6, b7C

b6
Notes of delegation member
on observation of visit in progress during the
delegation’s weekday tour; Detainee Handbook, p. 14.

Notes of delegation member

on interview of detainee

.
b6, b7C

Notes of delegation member

Detention Operations Manual, Detainee Services, Standard 16, Sections I & III.A.

on interview of detainee

October 16, 2007
Page 6

requirement, facilities must provide at least one telephone for every twenty-five detainees. 43 The
Standards also require that telephone access rules be provided in writing to each detainee upon
admittance, and that the rules be posted where detainees may easily see them. 44
Florence SPC meets this Standard. Each housing unit has its own set of about three
phones and the number is approximately one phone per twenty detainees. 45 The telephones are
accessible during open dayroom periods except during head counts. 46
Rules and instructions regarding telephone usage are posted next to the phones in both
b6, b7C
stated that the phone system worked, and that
English and Spanish. 47 Detainee
wait times were generally reasonable, but occasionally were up to a half hour. 48
2.

Direct Calls and Free Calls

The Standards allow facilities to generally restrict calls to collect calls; 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 family members in case of emergency. 49 The facility shall not require
indigent detainees to pay for these types of calls if local, or if non-local when there is a
compelling need. 50 In addition, the facility “shall enable all detainees to make calls to the ICEprovided list of free legal service providers and consulates at no charge to the detainee or the
receiving party.” 51
Florence SPC meets this section of the Standards; detainees are able to make calls to
legal service providers or to consulates at no charge through a pre-programmed system.
Phones were on the wall in the public dayrooms, next to a bulletin board with lists of phone
numbers of legal services providers. 52 Florence SPC uses a preprogrammed system to place
direct calls to a variety of pro bono service providers and various consulates. 53 The delegation

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

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

Observations of delegation members

Detainee Handbook, p. 16.

Observations of delegation member

Notes of delegation member

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

Detention Operations Manual, Detainee Services, Standard 16.

Observations of delegation member

and

, on interview with detainee

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b6

b6, b7C

October 16, 2007
Page 7

was able to successfully reach several consulates by following the posted dialing information. 54
b6, b7C
Detainee
stated that he is able to contact the Florence Project through the phone
55
system. The phone system was also equipped for collect or debit calls.56
3.

Telephone Access to Legal Representatives

The Standards provide that the facility shall not restrict the number of calls a detainee
may place 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. 57 If time limits are necessary, they shall be no shorter than twenty minutes. 58 The
Standards require that the facility ensure privacy for detainees’ telephone calls regarding legal
matters, and that calls shall not be electronically monitored absent a court order. 59
Florence SPC does not fully meet this section of the Standards; detainees are unable
to make private telephone calls, because all the phones where detainees make outgoing calls
are located in the public dayrooms with no privacy safeguards. 60 The telephones are out in
b6, b7C
the open, and there are no partitions. 61 Detainee
expressed concern over privacy
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indicated that the facility did not
when using the phone. 62 Officer-in-Charge
have technology to monitor detainees’ calls.
4.

Incoming Calls and Messages

The Standards require that facilities take and deliver messages to detainees as promptly
as possible. 64 If the facility receives an emergency telephone call for a detainee, the Standards
require the facility to obtain the caller’s name and number and permit the detainee to return the
emergency call as soon as possible. 65

Observations of delegation member

Notes of delegation member

Observations of delegation member

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

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

Observations of delegation member

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, on interview with detainee
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b6, b7C

.
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Observations of delegation member

Notes of delegation member

, on interview with detainee

Notes of delegation member

, on conversation with OIC

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

.
b6, b7C
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October 16, 2007
Page 8

Florence SPC meets this section of the Standards. Incoming phone calls and messages
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are accepted at Florence SPC. 66 Detainee
reported that the facility did take and
67
b6, b7C
deliver messages to him. Detainee
reported receiving all messages within about
an hour. 68 The procedure for making emergency calls is to refer them to Chief Immigration
Enforcement Agent who approves any special access calls.69
5.

Telephone Privileges in Special Management Unit

The Standards provide that detainees in the Special Management Unit (“SMU”) for
disciplinary reasons shall be permitted to make direct and/or free calls, except under compelling
security conditions. 70
Florence SPC meets this section of the Standards. Detainees at Florence SPC placed
in the SMU for disciplinary reasons have access to the telephones. 71
C.

Access to Library and Legal Material

All facilities with 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.” 72
1.

Library Access

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. 73 Each detainee shall be permitted to use the law library for a minimum of five
hours per week. 74
Florence SPC appears to meet this section of the Standards, but there is some
confusion about the library’s operating hours. According to Officer b6, b7C from 8 a.m. to 10
p.m. three detainees may utilize the law library at one time. 75 According to the Detainee
66

Detainee Handbook, p. 16.

Notes of delegation member

Detainee Handbook, p. 16.

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

Notes of delegation member

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

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

Notes of delegation member

on interview with detainee

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b6

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on interview with detainee

, on conversation with OIC

, on interview with OIC

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October 16, 2007
Page 9

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Handbook, the law library is open from 9 a.m. to 9 p.m. daily. 76 Detainee
confirmed the information in the Detainee Handbook. 77 However, according to detainee X, the
library is open daily from 9 a.m. to 11 a.m., then from 1 p.m. to 3 p.m., and then from 5 p.m. to 7
b6, b7C
p.m. 78 Detainee
mentioned law library hours rotate daily and that he is able to
79
access the library twice a day. He stated that many detainees fail to take advantage of the
library resources because of their difficulty with English. 80

Library Conditions

The Standards require that a facility provide a law library with sufficient space to
facilitate detainees’ legal research and writing. 81 Furthermore, it must be large enough “to
provide reasonable access to all detainees who request its use. It shall contain a sufficient
number of tables and chairs in a well-lit room, reasonably isolated from noisy areas.” 82
It is unclear whether Florence SPC fully meets this section of the Standards: one
detainee indicated that prolonged broken lights created a problem for library conditions.
The law library is well lit and is well-isolated from noise and foot traffic. 83 According to
detainee X, serious problems such as prolonged broken lighting negatively affect library
conditions. 84
3.

Materials Identified in the Detention Standards

The Standards require that all facility law libraries contain the materials listed in
Attachment A to the chapter on Access to Legal Materials. 85 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. 86 Damaged or stolen materials
must be promptly replaced. 87

Detainee Handbook, p. 18.

Notes of delegation member

, on interview with detainee

, on interview with detainee X.

on interview with detainee
b6

b6, b7C

Notes of delegation member

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

Observations of delegation member

Notes of delegation member

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

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

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

on interview with detainee

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b6

, on interview with detainee X.

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October 16, 2007
Page 10

Florence SPC does not appear to fully meet this section of the Standards; it does not
contain all of the required materials. Florence SPC does not have all of the materials listed in
Attachment A to the chapter on Access to Legal Materials physically present in the library. 88
The posted list of the library’s holdings stated that several of the texts are available online or “in
jail control.” 89 However, we noted the following texts were not in the library and are not listed
as otherwise available in the library. 90
 Human Rights Watch – World Report
 Lawyer’s Committee Handbook on Representing Asylum Applicants. The library noted
this text is out of print.
 Legal Research in a Nutshell. Florence staff noted this text is frequently stolen.
4.

Library Equipment and Supplies

The Standards require that the facility law library provide an adequate number of
typewriters and/or computers, writing implements, paper, and office supplies to enable detainees
to prepare documents for legal proceedings. 91 Staff must inspect the library at least once a week
to ensure equipment is in working order and sufficient supplies are stocked. 92
Florence SPC does not appear to fully meet this section of the Standards: detainees
stated that sometimes necessary supplies have been unavailable for long periods, and that
the computer has been broken for six months. Florence SPC has a computer available in its
law library, as well as a typewriter. 93 The typewriter was functioning during the delegation’s
tour. 94 There was no paper in the library, 95 but detainees are able to request paper for the
typewriter from the Jail Control. 96 Several detainees stated that the typewriter ribbons were
often unusable, and that replacements are not available for several days.97 Detainee X
mentioned it sometimes took three to four weeks before the staff supplied paper for the
88

Observations of delegation member

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

Observations of delegation member

Notes of delegation member

on examination and testing of the typewriter.
b6

Notes of delegation member

Notes of delegation member
notes of delegation member

, on conversation with OIC

, on interview with detainee
b6, b7C
, on interview with detainee

b6
b6

b6, b7C
b6, b7C

;

October 16, 2007
Page 11

typewriter. 98 Also, some of the books and materials often have missing pages. 99 The computer
had a CD-ROM or DVD-ROM with legal materials from LEXIS, but was not equipped to
print. 100 The delegation started the computer and was able to access the LEXIS materials. 101
However, detainee X said detainees previously waited six months before the staff repaired the
broken computer. 102
5.

Photocopies

The Standards provide that each facility shall ensure that detainees can obtain
photocopies of legal materials, when such copies are reasonable and necessary for the detainee’s
legal proceedings. 103 Enough copies must be provided so that a detainee can fulfill court
procedural rules and retain a copy for his records. 104 Facility personnel may not read a document
that is clearly related on its face to a detainee’s legal proceeding. 105
It is unclear whether Florence SPC fully meets this section of the Standards: one
detainee stated that his requests for photocopies are often ignored. Detainees are permitted
to obtain photocopies related to their case. 106 An officer goes around the housing units each
night to collect items that need to be photocopied. 107 Each detainee receives one copy for the
court, one copy for his own records, and one copy for his attorney. 108
b6, b7C
However, detainee
stated that officers often ignore his photocopy
109
requests.
Detainee X also said the permitted amount of photocopies often changes and
b6, b7C
photocopies are only available Monday through Friday. 110 Detainee
stated that

98
99

Notes of delegation member

, on interview with detainee X.
b6

Notes of delegation member

100

, on interview with detainee X.

Observations of delegation member

.
b6

101

Observations of delegation member

102

Notes of delegation member

103

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

104

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

105

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

106

Notes of delegation member

107

Notes of delegation member

108

Notes of delegation member

109

Notes of delegation member

110

Notes of delegation member

.
b6

, on interview with detainee X.

on conversation with Officer
on conversation with Officer

.
b6, b7C

on conversation with Officer
on interview with detainee
, on interview with detainee X.

.
.

b6, b7C

October 16, 2007
Page 12

many detainees withhold sensitive materials from officers and send them to their families for
photocopying. 111
D.

Group Rights Presentations

The Standards provide that facilities holding ICE detainees “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.” 112 Informational posters are to be prominently displayed in the housing units at least
forty-eight hours in advance of a scheduled presentation. 113 While the presentations are open to
all detainees, the facility “may limit the number of detainees at a single session.” 114 “The facility
shall select and provide an environment conducive to the presentation, consistent with
security.” 115 In addition, detainees shall have regular opportunities to view an “ICE-approved
videotaped presentation on legal rights.” 116
It is unclear whether Florence SPC fully meets this section of the Standards; some
detainees indicated that they had not seen a group rights presentation or the Know Your
Rights video. According to Florence SPC personnel, there are no restrictions on group rights
presentations. 117 Furthermore, the Detainee Handbook details the availability of groups rights
presentations. 118 However, two of the detainees that met with the delegation never saw or
b6, b7C
attended a group rights presentation. 119 According to detainee
group rights
presentations are permitted, but he was not aware of anyone coming to Florence SPC to give
presentations. 120 Detainee X acknowledged attending one presentation by the Florence
Immigrant & Refugee Rights Project (“FIRRP”) where attorneys were available to meet after the
presentation; however, he has not heard about other presentations. 121 FIRRP flyers on legal
access are posted in the common area of the pod we visited. 122
111

Notes of delegation member

112

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

113

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

114

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

115

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

116

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

117

Notes of delegation member

118

Detainee Handbook, p. 20.

119

Notes of delegation members
b6, b7C
b6, b7C
and

120

Notes of delegation member

121

Notes of delegation member

122

Observations of delegation member

, on interview with detainee

b6, b7C

, on conversation with OIC

b6
and
respectively.

b6, b7C

, on interviews with Detainees

on interview with detainee
, on interview with detainee X.
b6

b6, b7C

October 16, 2007
Page 13

According to the staff, Florence SPC plays the “Know Your Rights” video on the
televisions inside the facility every day. 123 However, three of the detainees that met with the
delegation did not recall ever seeing the “Know Your Rights” video. 124
IV.

OTHER PROVISIONS OF THE ICE DETENTION STANDARDS
A.

Correspondence and Other Mail

The Standards require 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. 125 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 for security reasons. 126 Special correspondence—which includes all written
communication to or from attorneys, legal representatives, judges, courts, government officials,
and the news media—is treated differently. 127 Incoming special correspondence can be
inspected for contraband only in the presence of the detainee, but it can never be read or
copied. 128 Outgoing special correspondence may not be opened, inspected, or read. 129
The Detainee Handbook must specify how to address correspondence, the definition of
special correspondence and how it should be labeled, the procedure for purchasing postage, and
rules for providing indigent detainees free postage. 130 The Standards also require that facilities
provide indigent detainees with free envelopes and stamps for mail related to a legal matter,
including correspondence to a legal representative, potential representative, or any court;
indigent detainees must be permitted to mail at least five pieces of special correspondence and
three pieces of general mail per week. 131 Finally, the Standards require that facilities notify
detainees of specific information regarding correspondence policies. 132

123

Notes of delegation member

, on conversation with OIC

124

b6
Notes of delegation member
, on interview with detainee
b6, b7C
b6
delegation member
, on interview with detainee
b6
member
, on interview with detainee X.

b6, b7C

; notes of
; notes of delegation
b6, b7C

125

Detention Operations Manual, Detainee Services, Standard 3, Section I.

126

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

127

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

128

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

129

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

130

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

131

Detention Operations Manual, Detainee Services, Standard 3, Section III.I, and Standard 1,
Section III.N.
132

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

October 16, 2007
Page 14

It is unclear whether Florence SPC fully meets this section of the Standards; one
detainee reported that special correspondence was opened outside his presence and two
reported that incoming mail with currency often disappears. Florence SPC provides all
detainees with the Detainee Handbook, 133 which includes the required notifications and how to
send mail. 134 The Detainee Handbook further provides that the facility will mail up to two letters
for an inmate each day, regardless of indigent status. 135 According to the staff, detainees receive
b6, b7C
free stamps, envelopes, and paper. 136 Detainee
reported that he was able to send
mail without charge, using paper and envelopes requested from the Jail Control.137 Detainee
b6, b7C
likewise reported that he was able to get envelopes and writing materials and that
b6, b7C
the facility mailed them without charge. 138 Likewise, detainee
reported that he
was able to send mail without charge. 139
b6, b7C
Detainee
reported difficulties in receiving mail sent from within the United
b6, b7C
Detainee
also reported problems with receipt of mail, particularly
States.
141
b6, b7C
when the mail contained money.
He and detainee
both stated that incoming
mail containing currency often disappears and fails to reach the intended detainee. 142 Detainee
b6, b7C
also reported that special correspondence had to be opened in the presence of a
b6, b7C
guard, but was not read. 143 However, detainee
reported he received special
correspondence that was opened outside of his presence even when “Legal Mail” was printed on
the envelope. 144

140

Detainee Handbook

133

Notes of delegation member

134

Detainee Handbook, p. 14.

135

Detainee Handbook, p. 14.

136

Notes of delegation member
b6, b7C
Officer
.

137

Notes of delegation member

138

Notes of delegation member

139

Notes of delegation member

140

on conversations with OIC

, on conversations with OIC

b6, b7C

on interview with detainee

b6, b7C

, on interview with detainee
on interview with detainee

141

Notes of delegation member
Attachment A, declaration of

on interview with detainee
dated August 30, 2007.

b6
Notes of delegation member
, on interview with detainee
b6
b6, b7C
delegation member
, on interview with detainee

144

Notes of delegation member

Notes of delegation member
Attachment A, declaration of

on interview with detainee

, on interview with detainee
dated August 30, 2007.

b6, b7C

.
. See

b6, b7C

142

143

b6, b7C

on interview with detainee
b6, b7C

and

Notes of delegation member

b6, b7C

; notes of

b6, b7C

See

October 16, 2007
Page 15

The Standards require that every Officer in Charge develop a site-specific detainee
handbook to serve as an overview of detention policies, rules, and procedures. 145 Every detainee
should receive a copy of the handbook upon admission to the facility. 146 The handbook will be
written in English and translated into Spanish and other prevalent languages as appropriate. 147
The handbook must include visitation hours and rules. 148 The handbook must notify detainees of
the correspondence policy. 149 The grievance section of the handbook shall include details on the
following: (a) the opportunity to file informal and formal grievances; (b) procedures for filing a
grievance and appeal, including the availability of assistance in preparing a grievance; (c)
procedures for resolving a grievance or appeal; (d) policy prohibiting staff from harassing,
disciplining, punishing, or otherwise retaliating against any detainee for filing a grievance; and
(e) the opportunity to file a complaint about officer misconduct directly with the Justice
Department. 150
Florence SPC substantially meets this section of the Standards; however, the
handbook does not include facility visiting hours. Detainees receive a copy of the handbook
upon admission to the facility. 151 The Detainee Handbook is printed in English and Spanish. 152
Although the Detainee Handbook does not list general visitation hours, it refers to the visiting
hours posted in each of the housing units. 153 The Detainee Handbook also explains how to send
and receive correspondence. 154 The grievance section of the Detainee Handbook discloses all of
the required items above except for (e), the DOJ address. 155 Instead, the Detainee Handbook
provides the following information for the DHS Office of the Inspector General, which is more
up to date: Office of the Inspector General, 245 Murray Drive, S.E., Building 410, Washington,
DC 20528, 1-800-323-8603. 156
C.

Recreation

145

Detention Operations Manual, Detainee Services, Standard 6, Section I.

146

Detention Operations Manual, Detainee Services, Standard 6, Section I.

147

Detention Operations Manual, Detainee Services, Standard 6, Section III.E.

148

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

149

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

150

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

151

Notes of delegation member

152

Observations of delegation member

153

Detainee Handbook, pp. 13-14.

154

Detainee Handbook, pp. 14-15.

155

Detainee Handbook, p. 19.

156

Detainee Handbook, p. 19.

, on conversation with OIC

b6
b6

b6, b7C

October 16, 2007
Page 16

The Standards require that all detainees have access to recreational programs and
activities, under conditions of security and safety. 157 Detainees should be housed in facilities
with outdoor recreation. 158 In SPCs, “if practical considerations permit, detainees will have
access to outdoor recreation every day, including weekends.” 159 If a facility only provides
indoor recreation, detainees must have access for at least one hour per day, including exposure to
natural light. 160 Detainees should have access to “fixed and movable equipment,” including
opportunities for cardiovascular exercise if outdoor recreation is not available, and games and
television in dayrooms. 161 Under no circumstances will a facility require detainees to forego law
library privileges for recreation privileges. 162 Detainees housed in the Special Management Unit
shall recreate apart from the general population for one hour per day, at least five days each
week. 163
b6, b7C
Florence SPC meets this section of the Standards. Officer-in-Charge
164
although the Detainee Handbook indicates two
is the Florence SPC’s Recreation Specialist,
Recreation Specialists organize athletic events and contests for the detainees. 165 Florence SPC
offers sixty to ninety minutes of outdoor recreation every day, including weekends. 166 Detainees
do not have to forgo library privileges to partake in recreation activities. 167 The outdoor
recreation yard consists of an uncovered dirt field with small patches of grass. 168 Adjacent to the
field is a covered area that has one basketball court and one volleyball court. 169 Benches and
apparatus that allow detainees to perform chin-up or dip exercises are spread along the volleyball

157

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

158

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

159

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

160

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

161

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

162

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

163

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

164

Notes of delegation member

165

Detainee Handbook, p. 17.

166

Notes of delegation member
b6, b7C
interview with detainee

, on conversations with OIC

, on conversation with OIC

b6, b7C

, on conversation with OIC

b6, b7C

167

Notes of delegation member

168

Observations of delegation member

169

b6, b7C

.
b6

Observations of delegation member

and

October 16, 2007
Page 17

court. 170 Nearby is a restroom where detainees can obtain water during their outdoor recreation
time. 171
Detainees are permitted to participate in limited contact sports such as soccer, 172
basketball, and volleyball. 173 Detainees may also use the perimeter of the outdoor recreation
area as a running track. 174 Fences surround the outdoor recreation area and two guards sit at
opposite corners of the outdoor recreation area to supervise the detainees during recreation. 175 In
the past, people have thrown items such as tennis balls containing contraband over the fence and
onto the outdoor field. 176 Consequently, guards search the outdoor recreation area for
contraband daily, but not every time detainees enter or leave the recreation area.177
Detainees housed in Special Management Units for disciplinary reasons recreate apart
from the general detainee population.178 Segregated detainees have at least one hour of
recreation at least five days a week. 179 There are three fence-enclosed, trapezoidal areas
available for segregated detainees to use for outdoor recreation, but the space is substantially
smaller than the outdoor recreation area available to the general detainee population. 180 Each
fence-enclosed area has an approximate length of thirty feet and width of ten feet. 181 There is no
exercise equipment in the area. 182 An overhead trellis provides shade over a small portion of the
enclosed area. 183
Each housing unit also has a dayroom where detainees may watch television or play
board games. 184 There is one overhead rear-projection television, which has an approximately
170

Observations of delegation member

171

Observations of delegation member
b6, b7C
on conversation with OIC

.
notes of delegation member

172

Notes of delegation member

173

Observations of delegation member

174

Notes of delegation member

175

Observations of delegation member

176

Notes of delegation member

on conversation with OIC

b6, b7C

, on conversation with OIC

b6, b7C

.
.

177

Notes of delegation member

178

Notes of delegation member

179

Detainee Handbook, p. 17.

180

Observations of delegation member

181

Observations of delegation member

182

Observations of delegation member

183

Observations of delegation member

184

Observations of delegation member

on conversation with OIC
b6

, on conversation with OIC

b6, b7C

.
.

October 16, 2007
Page 18

25-inch screen. 185 Elevated windows on each of the walls, but outside of the reach of detainees,
allow natural light to enter the room. 186 There are no other indoor recreation facilities or
equipment for weight or cardiovascular training.187
Florence SPC schedules recreation time for each of the housing units188 and rotates the
schedule so each housing unit receives both morning and afternoon recreation periods. 189
However, recreation schedules are not posted in the housing units. 190 One detainee compliments
the recreation privileges, but mentions despite the bright desert sun, detainees do not receive
sunscreen to protect against sun exposure. 191 Another detainee notes “shakedowns” often
interfere with recreation time. 192
D.

Access to Medical Care

The Standards require that all detainees have access to medical services that promote
detainee health and general well-being. 193 In SPCs, new arrivals are required to receive health
screening during in-processing and prior to the detainee’s placement into a housing unit. 194
Health screening should include tuberculosis screening by PPD (mantoux method) or chest xray, with PPD as the primary screening method unless it is contraindicated, in which case the
chest x-ray should be administered. 195 A translator should be available if necessary. 196 SPC
facilities must provide sick call request slips for detainees to request health care services on a
daily basis. 197 The slips must be received by the medical facility in a timely manner.198
Facilities must also have procedures in place to provide emergency medical care for detainees

185

Observations of delegation member

.
b6

186

Observations of delegation member

187

Notes of delegation member

.
on conversation with OIC
b6, b7C

188

Notes of delegation member
b6, b7C
interview with detainee

on conversation with OIC

189

Detainee Handbook, p. 17.

190

Observations of delegation member

191

Notes of delegation member

on interview with detainee

192

Notes of delegation member

on interview with detainee

193

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

194

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

195

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

196

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

197

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

198

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

and

b6, b7C
b6, b7C

October 16, 2007
Page 19

when needed. 199 In addition, as a rule, medical treatment will not be administered against the
detainee’s will. 200
Florence SPC may not fully meet this section of the Standards: first, the facility
uses chest x-ray as the primary method of tuberculosis screening instead of PPD. Second,
one detainee stated translation services were not provided in the medical facility. Third,
one detainee stated he has not been provided with over the counter medication. All
detainees are screened mentally and physically immediately upon arrival. 201 If any chronic care
issues are detected, the detainee receives medical attention the next day. 202 About forty to fifty
detainees go through this screening process daily. 203 Screening includes a chest x-ray to detect
tuberculosis. 204 The new detainees must sign a consent form prior to their initial screening. 205 If
detainees refuse to do so, they are put into an isolation area and not allowed to enter the
facility. 206
On its medical staff, Florence SPC has a physician, a psychologist, a psychiatrist, four
mid-levels, 207 ten registered nurses (RNs), two licensed practical nurses (LPNs), a dentist and a
pharmacist. 208 The facility’s medical care is provided by U.S. Public Health Services. The
facility includes a tuberculosis isolation facility equipped with negative air flow chambers and a
medical center with four beds. 209 Mental health services including cognitive therapy and
medication are available. 210 Detainees who need dialysis or other regular treatment with special
199

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

200

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

201

Notes of delegation member
b6
.

, on conversation with Physician’s Assistant

202

Notes of delegation member

, on conversation with Physician’s Assistant

203

Notes of delegation member
b6
.

, on conversation with Physician’s Assistant

204

Notes of delegation member
b6
.

, on conversation with Physician’s Assistant

205

Notes of delegation member

, on conversation with Lieutenant

b6, b7C

, on conversation with Lieutenant

b6, b7C

206

Notes of delegation member

b6, b7C

207

That is, a mid-level provider—someone who is not a physician but is licensed to diagnose and
treat patients under the supervision of a physician.

208

Notes of delegation members
b6
conversation with
.
209
210

Notes of delegation member

, and

, on conversation with OIC

b6, b7C

Notes of delegation member

, on conversation with

, on

October 16, 2007
Page 20

equipment are escorted by staff to a local hospital. 211 Medication for detainees with HIV is also
available. 212 Medical education posters in English and Spanish were posted in the units the
delegation visited. 213
According to a member of the medical staff, interpreters are available for detainee
patients. 214 Detainee X stated that interpreters have been made available for his medical
b6, b7C
visits. 215 Detainee
stated that he has been asked to interpret for other detainees
b6, b7C
needing medical attention.
However, detainee
, who speaks only limited
English, said that an interpreter had not been made available to him during treatment. 217
Sick call is conducted daily during regular sick call hours. 218 Sick calls are taken through
sick call slips placed in a Medical Request Box in the Kitchen Dining Room, 219 to which RNs on
staff respond. 220 These RNs provide over the counter medication and other care as necessary. 221
The medical facility tries to have detainees see the same provider for multiple calls to prevent
abuse of the system. 222 Same-day appointments are available for detainees with complaints. 223
If a detainee complains about an ailment two or more times, he is seen by the physician. 224

211

Notes of delegation member

212

Notes of delegation member
.

on conversation with

, on conversation with Lieutenant

b6, b7C

213

Observations of delegation member

214

Notes of delegation member

215

Notes of delegation member

, on interview with detainee X.

216

Notes of delegation member

, on interview with detainee

217

Notes of delegation member

218

Detainee Handbook, p. 12.

219

Detainee Handbook, p. 12.

220

Notes of delegation member

on conversation with Lieutenant

on interview with detainee

b6, b7C

, on conversation with Physician’s Assistant

on conversation with Physician’s Assistant

221

Notes of delegation member
b6
.

222

Notes of delegation member
b6

223

Notes of delegation member

, on conversation with Lieutenant

b6, b7C

224

Notes of delegation member
b6

, on conversation with Physician’s Assistant

October 16, 2007
Page 21

Detainees with emergency medical problems may notify a Unit Housing Officer for more
immediate evaluation if necessary. 225
b6, b7C
Detainee
stated that when he fills out sick call forms, he gets called for
b6, b7C
medical attention within one or two days. 226 Detainee
said that he fills out sick
call forms and drops them off in the cafeteria when he feels ill, and is usually called in for
b6, b7C
medical attention on the same day. 227 He has not been denied care. 228 Detainee
229
said that medical request forms are responded to within forty-eight hours.
He has also never
been denied care. 230 With regard to access to over the counter medication, detainee b6, b7C
b6, b7C
stated that his requests for toe fungus medication and ace wrap bandages for an ankle
injury were denied because they were viewed as elective. 231 His statement is attached. 232

Access to Dental Care

The Standards require that detainees undergo an initial dental screening within fourteen
days of arrival to the facility. 233 Thereafter, detainees must be afforded dental care for
emergency dental treatment and routine dental treatment may be provided for detainees for
whom treatment has been inaccessible for long periods due to detention of over six months. 234
Florence SPC appears to meet this section of the Standards. Incoming detainees are
given an initial dental screening and thereafter only necessary care (but no regular cleanings). 235
Appointments are given to detainees who have dental complaints. 236
F.

Hunger Strikes

The Standards require that all facilities follow accepted standards of care in the medical
and administrative management of hunger-striking detainees. 237 Facilities must do everything
225

Detainee Handbook, p. 12.

226

Notes of delegation member

227

Notes of delegation member

, on interview with detainee

, on interview with detainee
b6

228

Notes of delegation member

229

Notes of delegation member

b6, b7C

.
b6, b7C

, on interview with detainee

, on interview with detainee
b6

b6, b7C

230

Notes of delegation member

231

Notes of delegation member

232

See Attachment A, declaration of

233

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

234

Detention Operations Manual, Health Services, Standard 2, Sections III.E.1-2.

235

Notes of delegation member

, on interview with detainee
, on interview with detainee

b6, b7C

dated August 30, 2007.

, on conversation with OIC
b6, b7C

236

Notes of delegation member

237

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

, on conversation with OIC

October 16, 2007
Page 22

within their means to monitor and protect the health and welfare of a hunger-striking detainee,
and make every effort to obtain the hunger striking detainee’s informed consent for treatment,
especially when the hunger strike is threatening his life or long-term health. 238 In SPCs, medical
personnel should isolate the detainee in a single-occupancy observation room when medically
advisable, and may place the detainee in a Special Management Unit or locked hospital room if
necessary to measure detainee input and output. 239 If medically indicated, the detainee may be
transferred to a community hospital or a detention facility that is appropriately equipped for
treatment. 240
Florence SPC appears to meet this section of the Standards. The facility’s policy is to
first give detainees who may be on hunger strike a mental and physical assessment. 241 Vital
signs are documented and physical input and output are monitored, with the detainee placed on
twenty-four hour watch. 242 Care is not administered without consent, and if necessary, the
detainee will be sent out to receive emergency care at the Emergency Room of an outside
hospital. 243
G.

Detainee Classification System

The Standards require that detention facilities use a classification system to place each
detained alien in the appropriate category and physically separate detainees from others in
different categories. 244 A detainee’s classification is to be determined using “objective” criteria
including past offenses, escapes, institutional disciplinary history, violent episodes/incidents,
etc. 245 Opinions and unconfirmed information are not to be taken into account. 246
SPCs must assign individual detainees color-coded uniforms and wristbands based on
whether they are classified Level 1, Level 2 or Level 3. 247 Detainees must be housed, given
work assignments, and permitted activities according to their classification level. 248 Level 3
238

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

239

Detention Operations Manual, Health Services, Standard 1, Section III.A.2.

240

Detention Operations Manual, Health Services, Standard 1, Section III.B.5.

241

Notes of delegation member

, on conversation with Lieutenant

b6, b7C

, on conversation with Lieutenant

b6, b7C

, on conversation with Lieutenant

b6, b7C

242

Notes of delegation member

b6, b7C

243

Notes of delegation member

b6, b7C

244

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

245

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

246

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

247

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

248

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

October 16, 2007
Page 23

detainees are not to be housed with Level 1 detainees. 249 Level 2 detainees with a history of
assault or combative behavior may not be placed in a Level 1 housing unit under any
circumstances. 250 Generally, detainees with a history of assaultive or combative behavior are not
to be housed with non-violent detainees. 251 However, high Level 2 detainees may be housed
with Level 3 detainees when a facility is at or above full capacity.252
All facility classification systems shall allow classification levels to be re-determined and
include procedures by which new arrivals can appeal their classification levels. 253 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. 254
Florence SPC may not meet this section of the Standards: some detainees stated that
violent and non-violent detainees are housed together at the facility. Detainees at Florence
SPC are classified into three security levels: Level 1 (most detainees), Level 2, and Level 3.255
Levels 1 and 2 and Levels 2 and 3 are housed together, but Levels 1 and 3 are not. 256 Detainees
b6, b7C
and
wear different colored clothing based on their classification. 257 Detainees
b6, b7C
both stated that while Level 1 detainees cannot be housed with Level 3 detainees,
violent detainees still end up being housed with non-violent detainees, 258 which does not
b6, b7C
conform with the Standards. Detainee
also stated that he believes non-violent
Level 2 detainees are sometimes housed with Level 3 detainees who have committed violent
crimes. 259
Our delegation visited a Level 1 unit and a Level 3 unit. The Level 1 unit has five pods
with seventy beds each, with two officers on duty at all times. 260 The Level 3 unit has three pods
with twenty-four beds each. 261 The unit we visited, which was open inside but behind bars
249

Detention Operations Manual, Detainee Services, Standard 4, Section III.F.1.

250

Detention Operations Manual, Detainee Services, Standard 4, Section III.F.3.

251

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

252

Detention Operations Manual, Detainee Services, Standard 4, Section III.F.2.

253

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

254

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

255

Notes of delegation member

256

Notes of delegation member

257

Notes of delegation member

258

Notes of delegation member
b6
of delegation member

259

Notes of delegation member

260

Notes of delegation member

261

, on conversation with OIC
b6

on conversation with OIC

, on interview with detainee
b6, b7C
on interview with detainee
b6

b6, b7C

; notes

, on interview with detainee

b6, b7C

, on conversation with OIC
b6

Notes of delegation member

b6, b7C

, on conversation with OIC

October 16, 2007
Page 24

separating it from the hallway, contained rows of bunk beds surrounded by detainees’ blankets,
books, sandals, and other personal items. 262
The Detainee Handbook gives detailed information on classification, and states that
detainees are classified upon arrival based on past offenses, escapes, institutional disciplinary
history, violent episodes and other pertinent facts relevant to the detainee’s behavior while in
custody and/or his criminal past. 263 A point system is used in assigning a number of points for
certain offenses, and the total number of points determines a detainee’s classification level. 264
The handbook also states that detainees at Level 2 or Level 3 have the right to appeal their
classification level, and explains the procedure for appeal. 265 Detainee X stated that he was
classified on the basis of his past record, 266 which conforms with the Standards as a proper basis
b6, b7C
stated that he has not been separately classified for
for classification. Detainee
receiving medication or for sexual orientation. 267
The Detainee Handbook also discusses the restrictions and conditions of different
classifications and in relation to specific acts 268 as well as privileges regarding the detainee
voluntary work program. 269
H.

Detainee Grievance Procedures
1.

Informal/Oral Grievance

The Standards require that all facilities institute procedures for informal resolution of oral
grievances. 270 The Officer-in-Charge is given the responsibility of establishing procedures for
detainees to communicate oral grievances informally to any staff member within five days of the
event that caused the grievance. 271 Detainees should also have the right to bypass or terminate
the informal grievance process and proceed directly to the formal grievance stage. 272

262

Observations of delegation member

263

Detainee Handbook, p. 5.

264

Detainee Handbook, p. 5.

265

Detainee Handbook, p. 5.

266

Notes of delegation member

267

Notes of delegation member

268

Detainee Handbook, pp. 22-26.

269

Detainee Handbook, p. 9.

270

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

271

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

272

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

b6
b6

, on interview with detainee X.
, on interview with detainee

b6, b7C

October 16, 2007
Page 25

Florence SPC meets this section of the Standards. Florence SPC encourages and
notifies detainees of the informal grievance procedure in the Detainee Handbook: “First, speak to
your Unit Housing Officer. If he/she is unable to resolve the problem, please take the…Informal
Grievance Procedure steps.” 273 This Informal Grievance Procedure delineates how and to whom
the detainee should communicate to informally resolve the grievance up the chain of command:
an oral grievance to an Immigrant Enforcement Agent, an oral grievance to a Supervisory
Immigration Enforcement Agent, a written grievance on a Detainee Grievance Form to the Chief
Immigration Enforcement Agent, and finally an appeal to the Officer-in-Charge by submitting
another written Detainee Grievance Form. 274 The Chief Immigration Enforcement Agent and
the Officer-in-Charge shall both respond to the detainee’s Detainee Grievance Form within five
days. 275 The Detainee Handbook also notifies detainees that they are free to initiate the formal
grievance process if dissatisfied with the outcome of the informal grievance process, or if they
simply want to file a formal grievance. 276
2.

Formal/Written Grievance Procedures

The Standards require that the Officer-in-Charge institute formal grievance procedures
and give detainees the opportunity to obtain assistance from another detainee or facility staff in
preparing a grievance. 277 Such grievance procedures must include or provide the following: (a)
SPC staff will provide a grievance form upon request; (b) staff will advise that one grievance
form can cover one single complaint or a cluster of closely related issues; (c) the grievance form
shall be delivered by authorized personnel (not detainees) without reading, altering, or delay; (d)
if the detainee claims that the issue is sensitive or the detainee might be in jeopardy if others
learned of the grievance, the detainee may seal the form in an envelope and mark it “Sensitive”
to submit it directly to the Officer-in-Charge; (e) the detainee may obtain assistance from another
detainee, housing officer, other facility staff, or outside sources in preparing the grievance; (f) no
detainee may submit a grievance on another detainee’s behalf; and (g) detainees with special
assistance needs shall be accommodated. 278 Detainees have the right to appeal the resolution of
a grievance to a Detainee Grievance Committee, and such committee will convene within five
working days to decide on the appeal. 279 Detainees will have the right to appear before the

273

Detainee Handbook, p. 19.

274

Detainee Handbook, p. 19.

275

Detainee Handbook, p. 19.

276

Detainee Handbook, p. 19.

277

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

278

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

279

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

October 16, 2007
Page 26

committee to present their case. 280 Lastly, detainees may appeal the committee’s decision to the
Officer-in-Charge, whose decision on the appeal is final. 281
Florence SPC may not fully meet this section of the Standards: four detainees stated
that some of their grievances are not responded to. The Detainee Handbook specifies the
procedures for instituting a formal grievance and covers all of the requirements listed above
except for part (f), which states that no detainee may submit a grievance on another detainee’s
behalf. 282 That part (f) is not explicitly stated in the Detainee Handbook is not of great concern
because it is implicit that the detainee with the grievance must invoke the formal grievance
process herself or himself: “You must file a Formal Grievance… Your complaint…You may
appeal…You will be offered the opportunity to appear before the committee to present your
case…” 283 (emphasis added). Florence SPC detainees have the right to the requisite two levels
of appeal, first to the Detainee Grievance Committee and then to the Officer-in-Charge. 284 A
blank template of Florence SPC’s Detainee Grievance Form is attached. 285
The grievance procedures at Florence SPC appears to meet the Standards. However,
b6, b7C
detainee
stated that he has received no response from Florence SPC staff on
fifteen percent of his grievances. 286 Detainee X, who had filed seven grievances as of August
30, 2007, stated that Florence SPC staff did not respond to two or three of his filed grievances for
b6, b7C
over one hundred days. 287 Detainee
, with assistance from detainee b6, b7C .
b6, b7C , filed a grievance on July 27, 2007 following an alleged incident of officer misconduct,
b6, b7C
but had yet to receive a response as of August 30, 2007. 288 Detainee
completed
289
b6,
b7C
Detainee Grievance Form is attached.
Detainee
confirmed Detainee b6, b7C
b6, b7C
account of the story and described the grievance process at Florence SPC as
unresponsive. 290
3.

Emergency Grievances

280

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

281

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

282

Detainee Handbook, p. 19.

283

Detainee Handbook, p. 19.

284

Detainee Handbook, p. 19.

285

See Attachment B, sample grievance form.

286

Notes of delegation member

, on interview with detainee

287

Notes of delegation member

, on interview with detainee X.

288

Notes of delegation member
Attachment C, Declaration of

b6
b6, b7C

289

See Attachment D, Grievance Form of

290

Notes of delegation member

, on interview with detainee
dated August 20, 2007.
b6, b7C

b6, b7C

. See

dated July 27, 2007.

on interview with detainee

b6, b7C

October 16, 2007
Page 27

The Standards require procedures for identifying and handling emergency grievances. 291
Detainees should have the option to present the emergency grievance directly to the Supervisory
Detention Enforcement Officer, and if the Supervisory Detention Enforcement Officer concurs
that it is an emergency grievance, it should receive immediate attention.292 Emergency
grievances are to be sent up the chain of command until they are resolved. 293
Florence SPC meets this section of the Standards. Staff is trained to identify
emergency situations and any grievance identified as an emergency by facility staff is rushed to
the Officer-in-Charge within twenty-four to seventy-two hours. 294
4.

Retaliation, Officer Misconduct, and Record Keeping

The Standards require that staff must not harass, discipline, punish, or otherwise retaliate
against a detainee who lodges a grievance. 295 However, staff may refuse to process subsequent
complaints if a particular detainee establishes a pattern of filing nuisance complaints or
otherwise abusing the grievance system. 296 Any processed detainee grievances should be
documented in a Detainee Grievance Log, at a minimum. 297 Any allegations of officer
misconduct must be forwarded to a supervisor or higher-level official in the chain of
command. 298
Florence SPC meets this section of the Standards. The Detainee Handbook states
verbatim that staff will not harass, discipline, punish, or otherwise retaliate against a detainee for
lodging a grievance, but that staff may refuse to process subsequent complaints if the detainee
establishes a pattern of filing nuisance complaints or otherwise abuses the grievance system. 299
All of the detainees interviewed on site stated that they had not experienced retaliation in
response to the filing of a Detainee Grievance Form. 300 At Florence SPC, the Officer-in-Charge
makes an informal visit to a detainee who has established the pattern of filing nuisance
291

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

292

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

293

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

294

Notes of delegation member

295

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

296

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

297

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

298

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

299

Detainee Handbook, p. 20.

300

, on conversation with OIC

b6, b7C

b6
b6, b7C
Notes of delegation member
, on interview with detainee
; notes of
b6
b6, b7C
delegation member
, on interview with detainee
; notes of delegation
b6
b6, b7C
member
, on interview with detainee
; notes of delegation
b6, b7C
member
, on interview with detainee X.

October 16, 2007
Page 28

complaints to speak to the detainee about the nuisance grievances. 301 All processed detainee
grievances and even nuisance complaints are recorded in Detainee Grievance Log. 302 Any
allegation of officer misconduct is communicated to the Officer-in-Charge, who takes immediate
action to remove contact between the detainee and the officer in question until the allegation has
b6, b7C
been investigated. 303 Detainee
was segregated following an incident in which he
304
alleged officer misconduct.
In addition, all allegations of officer misconduct are forwarded to
the Office of Inspector General and Office of Professional Responsibility. 305
I.

Disciplinary Policy
1. Disciplinary Policy Guidelines

The Standards require that every facility holding ICE detainees in custody have a
detainee disciplinary system with progressive levels of review, appeals, procedures, and
documentation procedures. 306 Disciplinary action may not be capricious and retaliatory, and no
disciplinary system may impose any of the following sanctions: corporal punishment; deviations
from normal food services; deprivation of clothing, bedding, or items of personal hygiene;
deprivation of correspondence privileges; or deprivation of physical exercise unless such activity
creates an unsafe situation. 307 Lastly, the Detainee Handbook or equivalent shall provide notice
of the SPC’s rules of conduct and the sanctions imposed for violations of such rules. 308 Copies of
the rules of conduct and disciplinary sanctions shall be posted in English, Spanish, and other
languages spoken by a significant number of detainees, and include: Disciplinary Severity Scale;
Prohibited Acts; and Sanctions. 309
Florence SPC meets this section of the Standards. The Detainee Handbook provided
to every detainee upon admission to Florence SPC outlines the progressive levels of review,
appeals, procedures and documentation procedures of the disciplinary system, as well as the
rules of conduct and sanctions that can be imposed for violations of such rules. 310 Florence
SPC’s disciplinary system does not employ any of the forbidden sanctions listed above, and the
two privileges that a detainee can lose due to a disciplinary sanction in response to a non-serious
infraction are television viewing and access to the vending machine, or detainees may be placed
301

Notes of delegation member

302

Notes of delegation member

303

Notes of delegation member

304

Notes of delegation member

305

Notes of delegation member

306

Detention Operations Manual, Security and Control, Standard 5, Section III.A.

307

Detention Operations Manual, Security and Control, Standard 5, Section III.A.

308

Detention Operations Manual, Security and Control, Standard 5, Sections III.A & L.

309

Detention Operations Manual, Security and Control, Standard 5, Section III.A.

310

Detainee Handbook, pp. 21-27.

on conversation with OIC
b6

on conversation with OIC

.
b6, b7C

on conversation with OIC
on interview with detainee

b6
b6

b6, b7C

, on conversation with OIC

.
b6, b7C

October 16, 2007
Page 29

in segregation for up to sixty days. 311 Lists of detainees’ rights and responsibilities and tables of
prohibited acts and disciplinary consequences are posted in English and Spanish in the Housing
Units. 312
2. Incident Reports, Investigations, and Staff Representations
The Standards require officers who witness or suspect commission of a prohibited act
prepare and submit an incident report, and an investigating officer with no prior involvement in
the incident commence an investigation within twenty-four hours of the incident report. 313 The
investigating officer should inform the detainee of the right to an initial hearing before the Unit
Disciplinary Committee (UDC) within twenty-four hours of notification of the charges, if the
charges are low or moderate offenses. 314 Detainees should be advised of the following rights in
UDC Proceedings: (a) the right to remain silent at any stage of the disciplinary process; (b) the
right to due process, including a UDC hearing within twenty-four hours of the end of the
investigation, and to attend the entire hearing (excluding committee deliberations) or to waive
the right to appear; (c) the right to present statements and evidence; and (d) the right to appeal
the UDC’s determination. 315 Detainees should also be able to request assistance from a staff
representative to prepare a defense. 316 Such assistance should be automatically provided for
illiterate detainees, detainees with limited English-language skills, detainees without means of
collecting and presenting essential evidence and detainees in administrative or disciplinary
segregation. 317 Lastly, the Standards require all facilities that house detainees to have a
disciplinary panel to adjudicate detainee incident reports. 318
Florence SPC meets this section of the Standards. All incident reports are investigated
within twenty-four hours of the incident report, and the UDC convenes before investigations
have ended if the charges are in the 300 to 400 code range (moderate and low moderate
offenses). 319 Charges in the more serious 100 to 200 code range are referred to the Institution
Disciplinary Panel (IDP) and an IDP hearing is scheduled within seventy-two hours of the
incident (barring any emergencies). 320 The Detainee Handbook outlines the disciplinary process
in the section entitled, “Prohibited Acts and Consequences” and notifies detainees of their rights
311

Notes of delegation member

312

Observations of delegation members

313

Detention Operations Manual, Security and Control, Standard 5, Sections III.B & C.

314

Detention Operations Manual, Security and Control, Standard 5, Section III.C.

315

Detention Operations Manual, Security and Control, Standard 5, Section III.C.

316

Detention Operations Manual, Security and Control, Standard 5, Section III.E.

317

Detention Operations Manual, Security and Control, Standard 5, Section III.E.

318

Detention Operations Manual, Security and Control, Standard 5, Section III.F.

319

Notes of delegation member

320

Detainee Handbook, p. 21.

on conversation with OIC

b6
b6

and

, on conversation with OIC

b6, b7C

October 16, 2007
Page 30

to remain silent, to call witnesses, present evidence, have a staff member as a representative, and
to appeal the UDC’s verdict to the IDP. 321 At Florence SPC, a staff representative is provided if
a detainee requests assistance in preparing his defense. 322
3. Duration of Punishment and the Disciplinary Severity Scale and Prohibited
Acts
The Standards forbid the UDC, IDP, and the Officer-in-Charge from imposing arbitrary
sanctions beyond the withholding of privileges and segregation, which generally does not exceed
sixty days. 323 In addition, all facilities must have graduated scales of offenses and disciplinary
consequences as outlined in the Standards. 324
Florence SPC meets this section of the Standards. Florence SPC does not impose
disciplinary segregation as a sanction for longer than sixty days, and the only privileges that may
be withheld for sanctioning purposes are television viewing and vending machine access. 325
Lastly, the Detainee Handbook’s graduated scales of “Prohibited Acts” and the attendant
“Consequences” conform with those listed in the Standards. 326
J.

Special Management Unit

The Standards state that each facility shall establish a Special Management Unit (“SMU”)
to isolate certain detainees from the general population. 327 The Standards for Administrative and
Disciplinary Segregation differ somewhat from one another, but both provide for legal access
and other protections. A detainee may be placed in disciplinary segregation only by order of the
Institutional Disciplinary Committee, after a hearing in which the detainee has been found to
have committed a prohibited act. 328 A maximum sanction of sixty days in disciplinary
segregation shall apply to violations associated with a single incident. 329 The disciplinary
committee may order placement in disciplinary segregation only when alternative dispositions
would inadequately regulate the detainee’s behavior. 330 In SPCs, a detainee may be placed in
administrative segregation when his/her continued presence in the general population poses a

321

Detainee Handbook, p. 21.

322

Notes of delegation member

323

Detention Operations Manual, Security and Control, Standard 5, Section III.H.

324

Detention Operations Manual, Security and Control, Standard 5, Section III.I.

325

Notes of delegation member

326

Detainee Handbook, pp. 22-27.

327

Detention Operations Manual, Security and Control, Standard 14, Section I.

328

Detention Operations Manual, Security and Control, Standard 14, Section III.A.

329

Detention Operations Manual, Security and Control, Standard 14, Section III.A.

330

Detention Operations Manual, Security and Control, Standard 14, Section III.A.

on conversation with OIC

, on conversation with OIC

b6, b7C

October 16, 2007
Page 31

threat to life, property, self, staff or other detainees; for the secure or orderly operation of the
facility; for medical reasons, etc. 331
Cells in the SMU must be well ventilated, adequately lit, appropriately heated and
maintained in a sanitary condition. 332 Segregated detainees in both disciplinary and
administrative segregation shall have the opportunity to maintain a normal level of personal
hygiene. 333 Both types of segregated detainees shall also be provided recreation in accordance
with the “Recreation” standard. 334 Detainees should generally be granted access to the law
library. 335 Detainees generally retain visiting privileges while in disciplinary segregation, and
may not be denied legal visitation. 336 Detainees in segregation shall have the same
correspondence privileges as detainees in the general population. 337
Detainees in administrative segregation generally have the same telephone privileges as
other detainees, 338 while detainees in disciplinary segregation shall be restricted to telephone
calls relating to their immigration cases or other legal matters, calls to consular/embassy
officials, and family emergencies. 339 Detainees in disciplinary segregation generally have fewer
privileges than those housed in administrative segregation, and are subject to more stringent
personal property control, restricted reading material, and limitations imposed on television
viewing, commissary/vending machine privileges, etc. 340
Florence SPC does not fully meet this section of the Standards: the facility places
detainees who are on suicide watch into disciplinary segregation, which the Standards state
should only be used for detainees who have committed a prohibited act. The facility uses
administrative segregation for detainees in protective custody or medical observation (except for
331

Detention Operations Manual, Security and Control, Standard 13, Section III.A.3.

332

Detention Operations Manual, Security and Control, Standard 13, Section III.D.2, and
Standard 14, Section III.D.6.
333

Detention Operations Manual, Security and Control, Standard 13, Section III.D.6, and
Standard 14, Section III.D.11.
334

Detention Operations Manual, Security and Control, Standard 13, Section III.D.8, and
Standard 14, Section III.D.13.
335

Detention Operations Manual, Security and Control, Standard 13, Section III.D.18, and
Standard 14, Section III.D.15.e.
336

Detention Operations Manual, Security and Control, Standard 13, Sections III.D.13 & 14, and
Standard 14, Section III.D.17.

337

Detention Operations Manual, Security and Control, Standard 13, Section III.D.20, and
Standard 14, Section III.D.18.
338

Detention Operations Manual, Security and Control, Standard 12, Section III.D.16.

339

Detention Operations Manual, Security and Control, Standard 14, Section III.D.19.

340

Detention Operations Manual, Security and Control, Standard 14, Section III.D.2.

October 16, 2007
Page 32

suicide watch, which is addressed below). 341 They are permitted recreation by themselves. 342
Detainees in administrative segregation do not lose any privileges besides group recreation. 343
The segregated recreation area (for administrative and disciplinary segregation) is outdoors with
a small, shaded area and three trapezoidal, empty, paved and fenced areas about thirty feet long
and ten feet wide. 344 It does not contain any exercise equipment or other sport-related items. 345
Disciplinary segregation is imposed for up to sixty days. 346 It is used for detainees with
disciplinary violations, as well as for detainees on suicide watch. 347 Detainees in disciplinary
segregation keep phone and legal visitation privileges. 348 They lose some privileges for
intermediate disciplinary violations and higher. 349 They may lose vending machine privileges 350
or television privileges. 351 They are permitted segregated recreation like detainees in
administrative segregation. 352
K.

Staff-Detainee Communication/ICE Presence at the Facility

The Standards state that all detainees shall receive the opportunity to have informal
access to and interaction with key facility staff members on a regular basis. 353 Procedures
should dictate that the Officer-in-Charge, the Assistant Officer-in-Charge, and designated
department heads conduct weekly unannounced visits to the SPC’s living and activity areas,
including but not limited to, the housing units, food service area, recreation area, Special
Management Units, and infirmary rooms. 354 In addition to these unannounced visits, the

341

Notes of delegation member

342

Notes of delegation member

343

Notes of delegation member

344

Observations of delegation member

, on conversation with OIC
, on conversation with OIC

.
b6, b7C

, on conversation with OIC

.
.

.
b6

345

Observations of delegation member

346

Notes of delegation member

347

Notes of delegation member

348

Notes of delegation member

.
, on conversation with OIC

b6, b7C

on conversation with OIC

349

Notes of delegation member

on conversation with OIC

350

Notes of delegation member

on conversation with OIC

351

Notes of delegation member

, on conversation with OIC

352

Notes of delegation members

b6
b6

and

b6, b7C

, on conversation with OIC

b6, b7C

353

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

354

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

October 16, 2007
Page 33

Officer-in-Charge should conduct weekly scheduled visits pursuant to a written schedule which
should be posted in the SPC detainee living areas and other areas with detainee access. 355
The Standards require that all detainees have the opportunity to submit written questions,
requests, or concerns to ICE staff on an informal basis. 356 This process is to be distinguished
from detainee submission of grievances. 357 The detainee request form must be delivered to ICE
staff by authorized personnel without review, alteration, or delay. 358 Detainees with special
requirements should be able to obtain assistance from another detainee, housing officer, or other
facility staff in preparing a request form. 359 The ICE officer receiving the request shall normally
respond within seventy-two hours of receipt, and all requests must be recorded in a logbook. 360
The Standards require that detainees shall have notice of this informal request process through
the detainee handbook. 361
Florence SPC substantially meets this section of the Standards; however, the Officer
b6, b7C
in Charge does not conduct weekly scheduled visits. Officer-in-Charge
conducts unannounced tours of the entire Florence SPC at least three times per week. 362
b6, b7C
Assistant Officer-in-Charge
also makes unannounced weekly rounds covering
363
Although a notice is posted in the housing units indicating that the Officerthe entire facility.
in-Charge makes scheduled visits from 1:00 p.m. to 3:00 p.m. every Wednesday, 364 Officer-inb6, b7C
Charge
stated that he does not conduct weekly scheduled visits because he is
always on-site and his unannounced visits are so frequent. 365
b6, b7C
Officer-in-Charge
indicated that detainees can obtain the Detainee
Grievance Form for written requests and deliver it to ICE staff by dropping it in the outgoing
mail box. 366 All completed forms are recorded in the logbook and a response is issued within
seventy-two hours. 367 However, the Detainee Grievance Form is a part of the grievance process,

355

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

356

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

357

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

358

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

359

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

360

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

361

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

362

Notes of delegation member

, on conversation with OIC
b6

363

Notes of delegation member

364

Observations of delegation member

365

Notes of delegation member

366

Notes of delegation member

367

Notes of delegation member

.
b6, b7C

, on conversation with OIC

, on conversation with OIC
b6

, on conversation with OIC
, on conversation with OIC

b6, b7C

October 16, 2007
Page 34

to be distinguished under the Standards from informal written request communications to ICE
staff by detainees. 368 The Detainee Handbook states that detainees can obtain a Detainee
Request Form from the Unit Housing Officer, who will provide the detainee with assistance if
necessary. 369 Detainees are to give the completed form to the Unit Housing Officer, who will
forward it to the appropriate office. 370
L.

Religious Practices

The Standards require that detainees of different religious beliefs be provided with
reasonable and equitable opportunities to participate in the practices of their respective faiths. 371
According to the Standards, these “opportunities will exist for all equally, regardless of the
number of practitioners of a given religion, whether the religion is ‘mainstream,’ whether the
religion is ‘Western’ or ‘Eastern,’ or other such factors. Opportunities will be constrained only
by concerns about safety, security, the orderly operation of the facility, or extraordinary costs
associated with a specific practice.” 372 Moreover, a facility’s staff shall make “all reasonable
efforts to accommodate” special food services required by a detainee’s particular religion. 373
Detainees in special housing confinement must also be permitted to participate in religious
practices, consistent with the safety, security, and orderly operation of the facility. 374
Florence SPC meets this section of the Standards. Florence SPC accommodates the
religious practice of detainees to the extent the on-site religious service provider can verify
requests with official representatives of the religion and doing so is consistent with the safety and
orderly operation of the facility. 375 Florence SPC provides Catholic, Seventh Day Adventist,
Presbyterian, Jumah and Koran religious services. 376 Services are available in English, Spanish
and Arabic. 377 At the request of detainees, external groups come to the facility to provide
368

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

369

Detainee Handbook, p.12.

370

Detainee Handbook, p.12.

371

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

372

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

373

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

374

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

375

b6
Notes of delegation members
b6, b7C
OIC
and Assistant OIC

and
b6, b7C

, on conversations with

376

b6
Notes of delegation member
, on examination of religious services schedules
posted in the detainee housing units. Catholic services are available on Saturdays from 8:45 a.m.
to 10:00 a.m.; Seventh Day Adventists, Sundays from 9:00 a.m. to 10:00 a.m.; Prayer Service,
Tuesdays from 9:00 a.m. to 10:00 a.m.; Presbyterian, Thursdays from 2:00 p.m. to 3:00 p.m.;
Jumah, Fridays from 12:30 p.m. to 1:30 p.m.; Koran, Sundays from 12:30 p.m. to 2:00 p.m.

377

Notes of delegation member
posted in the detainee housing units.

on examination of religious services schedules

October 16, 2007
Page 35

otherwise unavailable religious services. 378 For example, the facility provided Russian Orthodox
services to a detainee through an external group. 379
Florence SPC accommodates religious holy days after verifying the religious
requirements and confirming they are consistent with the safety and orderly operation of the
facility. 380 For example, the facility will provide meals or prayer sessions at unusual times and
limit a detainee’s activities in accord with holy day rituals. 381 Florence SPC generally prohibits
headgear or any other garments unless verified by an official representative of the religion and
consistent with the safety and orderly operation at the facility. 382 The facility stores religious
property for the detainees. 383 Detainees may keep religious property after the facility verifies its
religious significance and screens items for safety. 384 For example, detainees may keep a small
Bible and other soft-bound religious reading material, 385 and religious medallions, rosaries or
prayer beads. 386
The facility accommodates religious and other dietary restrictions by preparing kosher
meals and following the Bureau of Prisons’ common fare diet, which is mostly vegetarian and
does not include pork products. 387 In addition, the facility will accommodate unusual meal times
and other reasonable dietary requests when religious practice dictates such as during
Ramadan. 388

378

Notes of delegation member
b6, b7C
Assistant OIC
.
379

Notes of delegation member

, on conversations with OIC

, on conversation with Assistant OIC

, on conversations with OIC

and

b6, b7C

380

Notes of delegation member
b6, b7C
Assistant OIC
.
381
382

Notes of delegation member

on conversation with OIC

Notes of delegation member

on conversation with OIC

383

Observations of delegation member
b6, b7C
on conversation with OIC
Notes of delegation member

385

Detainee Handbook, p. 4.

386

Notes of delegation member

.
b6, b7C

384

and

b6, b7C

; notes of delegation member

, on conversation with OIC

, on conversation with Assistant OIC

b6, b7C

387

Notes of delegation members
b6, b7C
.

388

Notes of delegation member

and

, on conversation with OIC

b6, b7C

October 16, 2007
Page 36

Detainees in Special Management Units may practice their religion, but must do so in
isolation from the general detainee population. 389
M.

Voluntary Work Program

The Standards require that all facilities with work programs provide an opportunity for
physically and mentally capable detainees to “work and earn money.” 390 Participation must be
voluntary, and detainees may not work more than eight hours per day, and forty hours per
week. 391
Florence SPC meets this section of the Standards. Detainees may volunteer to work at
the facility. 392 For example, detainees work in the laundry room and the kitchen, or provide
other janitorial services. 393 Detainees receive a $1.00 daily stipend as compensation for their
work. 394 Detainees work a maximum of eight hours each day and forty hours per week. 395
Additionally, detainees do not work more than one job per day. 396 Detainees must sign a
voluntary work program contract and receive proper work training prior to beginning their work
detail. 397 Unexcused absences or unsatisfactory work will result in removal from the voluntary
work program. 398
The facility screens detainee-volunteers to determine if they are appropriate for a
particular job. 399 Although a detainee’s classification level is a factor in determining a detainee’s
work placement, the administration considers a detainee’s individual circumstances such as his
behavior, attitude, or criminal history before assigning a detainee to a work detail. 400
Consequently, a detainee’s classification level will not automatically disqualify a detainee for a
particular position. 401 However, Level 1 detainees are eligible for any work detail, while Level 2
389

Notes of delegation member

on conversation with Assistant OIC

b6, b7C

390

Detention Operations Manual, Detainee Services, Standard 37, Sections I & III.A.

391

Detention Operations Manual, Detainee Services, Standard 37, Sections III.A & H.

392

Notes of delegation member

393

Notes of delegation member

on conversation with OIC

on conversation with OIC
b6

.
b6, b7C

394

Notes of delegation member

on conversation with OIC

395

Notes of delegation member

on conversation with OIC

396

Detainee Handbook, p. 9.

397

Detainee Handbook, p. 9.

398

Detainee Handbook, p. 9.

399

Notes of delegation member

, on conversation with OIC

400

Notes of delegation member

401

Notes of delegation member

, on conversation with OIC
, on conversation with OIC

b6, b7C

.
.

October 16, 2007
Page 37

detainees cannot work on outside facility work crews. 402 Level 3 detainees are eligible for
cleaning details inside the facility, dormitory work details, lawn care, and kitchen work after
proper screening. 403 Any work detail involving food service will require a review of the
detainee’s health, criminal history, and behavior. 404
N.

Detainee Transfer

The Standards state that indigent detainees should be permitted to make a single domestic
telephone call at government expense upon arrival at their final destination, and non-indigent
detainees must have access to make telephone calls at their own expense. 405
Florence SPC may not meet this section of the Standards because one detainee
interviewed by the delegation stated that he was not allowed to make a telephone call upon
arrival at the facility. Three of the detainees who met with the delegation acknowledged being
given permission to make a telephone call upon their arrival at Florence SPC. 406 However,
b6, b7C
Detainee
said he was not allowed to make a telephone call upon his arrival at
407
Florence SPC.
V.

CONCLUSION

The Florence Service Processing Center meets the requirements of several of the ICE
Detention Standards but fails to meet a number of others.
To ensure confidentiality during telephone access to legal representatives, Florence SPC
should partition or separate telephones. Currently, telephones are in open dayroom areas where
others may overhear a detainee’s private conversation.
In addition, Florence SPC should review how it handles correspondence and other mail to
ensure special legal correspondence, if opened, is opened in the presence of the detainee and not
read. Furthermore, the staff should investigate whether there is a pattern of missing mail or just
a few incidental cases. If there is a pattern, Florence SPC should evaluate its mail handling
system and personnel and make appropriate changes to ensure correspondence and other mail
reach intended recipients.

402

Detainee Handbook, p. 9.

403

Detainee Handbook, p. 9.

404

Notes of delegation member

405

Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.G.

, on conversation with OIC

406

b6
Notes of delegation member
on interview with detainee
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delegation member
, on interview with detainee
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member
, on interview with detainee X.

407

Notes of delegation member

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notes of
; notes of delegation
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, on interview with detainee

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October 16, 2007
Page 38

Florence SPC should confirm that detainees are aware of their legal library privileges. To
provide a conducive research environment, Florence SPC should regularly review the condition
of facilities and materials. Officers or appropriate individuals should also complete repairs or
improvements as soon as possible. In addition, the staff should provide adequate supplies so
detainees may fully utilize the typewriter, computer, and other research equipment and materials.
Officers should review the library titles to ensure materials are current and complete. If there is
confusion regarding photocopying policies, then officers should review the rules with the
detainees.
Florence SPC should continue to facilitate group rights presentations by organizations
such as FIRRP. The facility should notify detainees of the facility’s willingness to facilitate
future presentation opportunities. Furthermore, officers should post notices in the housing units
in advance of any future presentations so detainees can plan to attend.
With regard to providing medical care to detainees, Florence SPC should use PPD as the
primary screening method for tuberculosis instead of chest x-rays. Florence SPC should also
continue to verify detainees receive adequate translation services when seeking medical care.
Additionally, Florence SPC should review its over the counter medication policy so that
detainees receive the medication they need.
Florence SPC should review how it classifies detainees and how it makes housing
assignments so non-violent detainees are not housed with violent detainees.
To support the detainees’ ability to file formal written grievances, Florence SPC should
review its grievance intake and review procedures to ensure all grievances receive timely review
and response in accordance with the Standards. Florence SPC should verify that all staff are
familiar with the formal written grievance procedure.
To operate the Special Management Units, Florence SPC should only place detainees
who commit a prohibited act in disciplinary segregation. The facility should make the necessary
restrictions to properly monitor suicide watch detainees, but they should not be considered part
of the disciplinary segregated population. Furthermore, Florence SPC should allow detainees in
disciplinary segregation to recreate alone in the outdoor recreation yard where they can use the
exercise equipment and athletic facilities to the extent it does not compromise the safe, orderly,
and feasible operation of the facility.
Finally, Florence SPC should ensure all transferred detainees receive permission to make
a telephone call upon their arrival at the facility. The call should be free if the detainee is
indigent.

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ATTACHMENT A

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ICE Standard*

Delegation Report

Source

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. Facility staff shall not electronically
monitor detainee telephone calls on their legal matters,
absent a court order.
Standard 1, Access to Legal Material
 III.A. The facility shall provide a law library in a
designated room with sufficient space to facilitate
detainees’ legal research and writing. The law library
shall be large enough to provide reasonable access to
all detainees who request its use. It shall contain a
sufficient number of tables and chairs in a well-lit
room, reasonably isolated from noisy areas.
 III.B. Equipment. The 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.
Standard 1, Access to Legal Material
 III.C. The law library shall contain the materials listed
in Attachment A. … The facility shall post a list of its
holdings in the law library.
Standard 1, Access to Legal Material
 III.J. The facility shall ensure that detainees can
obtain copies of legal material ….



Detainees are unable to make private telephone
calls, because all the phones where detainees
make outgoing calls are located in the public
dayrooms with no privacy safeguards. (p.7 ¶2)

Delegation
observations



One detainee indicated that prolonged broken
lights created a problem for library conditions.
(p.9 ¶3)
Detainees stated that sometime necessary
supplies have been unavailable for long periods,
and that the computer had been previously been
broken for six months. (p.10 ¶3)

Detainee X



Law library does not contain all of the required
materials. (p.10 ¶1)

Delegation
observations



One detainee stated that his requests for
photocopies are often ignored. (p.11 ¶4)

Detainee



Detainees X,

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ABA Commission on Immigration - Detention Standards Implementation Initiative

ICE Response

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Facility Name: FLORENCE SERVICE PROCESSING CENTER, Florence, AZ
Date of Tour: August 30, 2007
Tour Participants: Latham & Watkins LLP attorneys
J
and
*Standards are Detainee Services Standards unless otherwise indicated. Standards excerpts are typed verbatim. Issues are generally listed in their order from the Report.
Report comments in bold are priority issues for ICE-ABA discussion.

6/16/2008




Two detainees indicated that they had not seen a
group rights presentation. (p.12 ¶2)
Three detainees did not recall seeing the Know
Your Rights video. (p.12 ¶3)

Detainees
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Detainees
and X
Detainees
and

Two detainees reported that incoming mail with
currency often disappears. (p.14 ¶2)



One detainee reported that special
correspondence was opened outside his presence.
(p.14 ¶2)

Detainee



The handbook does not include facility visiting
hours. (p.15 ¶2)

Detainee handbook



One detainee stated he has not been provided with
over the counter medication. (p.21 ¶1)
The facility uses chest x-ray as the primary method
of tuberculosis screening instead of PPD. (p.19 ¶1)
One detainee stated that an interpreter had not been
made available to him during treatment. (p.20 ¶1)

Detainee

Some detainees stated that violent and non-violent
detainees are housed together at the facility. (p.23
¶2)

Detainees
, and

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ABA Commission on Immigration - Detention Standards Implementation Initiative

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

Detainee



Physician’s
Assistant

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

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

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Standard 9, Group Presentations on Legal Rights
 III.I. Videotaped presentations. The facility shall play
[ICE]-approved videotaped presentations on legal
rights, at the request of outside organizations. … The
facility shall provide regular opportunities for
detainees in the general population to view the
videotape.
6. Standard 3, Correspondence and Other Mail
 III.C. Incoming correspondence shall be distributed to
detainees within 24 hours of receipt by the facility ….
7. Standard 3, Correspondence and Other Mail
 III.E. Inspection of Incoming Correspondence and
Other Mail. Any such inspection [of incoming special
mail] shall be in the presence of the detainee. Staff
shall neither read nor copy special correspondence.
8. Standard 6, Detainee Handbook
Standard 17, Visitation
 III.B. Notification. The facility shall provide written
notification of visitation rules and hours in the detainee
handbook or equivalent, given each detainee upon
admittance. The facility shall also post these rules and
hours where detainees can easily see them.
9. Health Services Standard 2, Medical Care
 I. All detainees shall have access to medical services that
promote detainee health and general well-being.
 III.D. Health screening should include tuberculosis
screening by PPD (mantoux method) or chest x-ray, with
PPD as the primary screening method unless it is
contraindicated, in which case the chest x-ray should be
administered.
 III.D. A translator should be available if necessary.
10. Standard 4, Detainee Classification System
 III.F. The classification system shall assign detainees to
the least restrictive housing unit consistent with facility
safety and security. … 2. Levels one and two may be
mixed, and high level twos and level threes may be
mixed, when a facility is at or above full capacity. 3.
Under no circumstances will a level two detainee with a
history of assaultive or combative behavior be placed in a
level one housing unit.

6/16/2008



The facility places detainees who are on suicide
watch into disciplinary segregation, which the
Standards state should only be used for detainees
who have committed a prohibited act. (p.31 ¶4)

OIC



The Officer in Charge does not conduct weekly
scheduled visits. (p.33 ¶1)

OIC

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

One detainee stated that he was not allowed to make
a telephone call upon arrival at the facility. (p.37 ¶1)

Detainee

n, and

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ABA Commission on Immigration - Detention Standards Implementation Initiative

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Detainees
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Four detainees stated that some of their grievances
are not responded to. (p.26 ¶2)

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

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11. Standard 5, Detainee Grievance Procedures
 I. [S]tandard operating procedures (SOP) must establish a
reasonable time limit for: … (iii) providing written
responses to detainees who filed formal grievances,
including the basis for the decision.
12. Security and Control Standard 14, Special Management Unit
(Disciplinary Segregation)
 III.A. A detainee may be placed in disciplinary
segregation only by order of the Institutional Disciplinary
Committee, after a hearing in which the detainee has been
found to have committed a prohibited act.
13. Standard 15, Staff-Detainee Communication.
 III.B. The Officer-in-Charge should conduct weekly
scheduled visits pursuant to a written schedule which
should be posted in the SPC detainee living areas and
other areas with detainee access.
14. Security and Control Standard 4, Detainee Transfers
 III.G. Indigent detainees being transferred will be
authorized a single domestic phone call at the
Government’s expense upon arrival at their final
destination. … Non-indigent detainees shall have access
to make calls at their own expense pursuant to the
Telephone Access Detention Standard.

6/16/2008