MEMORANDUM
October 13, 2005
To:
From:

John P. Torres, Acting Director, Office of Detention and Removal,
Immigration and Customs Enforcement
American Bar Association Delegation to the Kenosha County Detention
Facility 1
(b)(6)
ABA Commission on Immigration

Copies
to:
Subject: Report on Observational Tour of the Kenosha County Detention Facility,
Kenosha, Wisconsin
This memorandum summarizes and evaluates information gathered at
the Kenosha County Detention Facility (“KCDF” or “the Facility”) in
Kenosha, Wisconsin, during the delegation’s September 13, 2005 visit to the
Facility. The information was gathered via observation of the Facility by the
delegation, interviews with four detainees and discussions with KCDF 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 and food
service. 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 Detention Standards (the “Standards”) went into effect at ICEoperated 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
1

The delegation was comprised of attorneys and paralegals from the Chicago office of Holland & Knight
(b)(6)
LLP, including
Seeley.
2

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”).

1

minimum requirements to which ICE must adhere in its facilities. Each
Field Office or Officer-in-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
The Delegation’s Visit, September 13, 2005.

On September 13, 2005, the members of our delegation met with
several members of KCDF’s staff and a representative from the ICE office in
(b)(6), (b)(7)c
Kenosha, Wisconsin. KCDF Administration Corporal
and ICE
(b)(6),
(b)(7)c
Jail Liaison Officer
led our delegation on a tour of the
Facility and participated in post-tour follow-up discussions. The delegation
also met with other facility personnel along the tour. The delegation
appreciates the cooperation of these individuals. They were direct and
accommodating during our tour of the Facility and in response to requests for
additional information.
Our report is based on the discussions we had with these Facility and
ICE employees, observations of the Facility and interviews with four
(b)(6), (b)(7)c
(b)(6), (b)(7)c
immigration detainees (
from the Congo,
(b)(6), (b)(7)c
(b)(6), (b)(7)c
(b)(6), (b)(7)c
from Thailand,
from Bosnia and
(b)(6)
from Cuba). In many instances, the detainee reports were compatible
with statements made by Facility personnel and/or our observations. In such
cases, the delegation was able to more accurately determine whether Facility
policy and procedures successfully implemented the Standards. However, in
certain instances, the detainees' reports conflicted with statements made by
Facility personnel. Where we were unable to verify the conflicting reports,
the delegation was unable to conclusively determine Standards
implementation.
General Information About the Kenosha Detention Facility.
The Kenosha Detention Facility houses federal immigration detainees
according to an intergovernmental service agreement (“IGSA”) with ICE.
According to the Facility personnel, the Facility has the capacity to hold over
600 individuals, with a current population of 402, 73 of whom were
immigration detainees.
The Facility houses mostly males. At the time of our visit Facility
personnel estimated that 20-25 women, including 4 female immigration
detainees, were housed there.

2

Further, Facility personnel said that the Facility housed immigration
detainees from many different countries, but the majority were from Mexico.
Detainees also come from Latin and South America, Africa, Europe and Asia.
It is unclear exactly how many of the immigration detainees housed at
the Facility have criminal records. Detainee (b)(6), (b)(7)c stated he did not have
(b)(6), (b)(7)c
any criminal background. Detainee
indicated that she had
been arrested and charged with a crime (drug conspiracy), but that the case
against her was eventually dropped by the prosecutor and she was at the
Facility only for immigration proceedings. Detainee (b)(6), (b)(7)c stated he had a
criminal record, had served his sentence and was at the Facility only for
immigration proceedings. Detainee (b)(6), (b)(7)c stated he had been transferred to
the Facility immediately after the conclusion of a hearing on a criminal
proceeding.
III.

IMPLEMENTATION OF LEGAL ACCESS STANDARDS
A.

Legal Access/Visitation
1.

Visitation by Attorneys

The Standards suggest that facilities permit legal visitation seven
days per week.3 Attorneys should have access to their clients eight hours per
day during the week and four hours per day during the weekend.4 The
facility must provide written notification of visitation rules and hours in the
The visits must be private, and should not be
detainee handbook.5
interrupted for head counts.6 Facilities should establish a procedure by
which attorneys may call to determine whether a detainee is housed in a
particular facility.7 Detention centers should permit visits from attorneys,
other legal representatives, legal assistants, and interpreters.8
It appears the Facility has implemented most of this section of
the Standards.

3

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

4

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

5

Detention Operations Manual, Detainee Services, Standard 17, Sections III.B & III.I.2.

6

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

7

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

8

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

3

There is no information regarding legal visitation, including rules and
hours for legal visits, in the Inmate Handbook.9 Attorneys may visit
detainees seven days per week, from 8:00 a.m. – 11:00 a.m., 1:00 p.m. – 4:00
p.m., and evenings.10 Visits may not begin during mealtime but if a visit has
already begun, the Facility will "try to be reasonable" and allow the visit to
continue through mealtime if needed. The detainee will receive a meal tray
in the multi-purpose room or a bag meal after the visit.11 Attorneys can call
ahead and speak with Administration Corporal (b)(6), (b)(7)c to determine
whether a detainee is at the Facility.12 Lawyers, law students, law
graduates, accredited representatives, legal assistants and interpreters are
all allowed to visit under attorney visitation rules, as long as anyone who is
not an attorney is verified by the detainee's attorney.13 Attorneys are
required to present bar I.D. cards, and are given a one-time pass without a
bar card if they only have a driver's license and are confirmed by their law
firm by telephone.14
There are 10 attorney visitation rooms available, which we observed.15
All visits are "contact" and detainees are subject to a pat-down search after
visits.16 Facility staff are able to visually observe attorney-detainee visits in
the conference rooms through the conference room windows; there is no audio
overhear ability.17
Independent medical service providers and experts are allowed to visit
if they are pre-approved.18 Interpreters are allowed to visit and interpret for
attorneys if they are requested and verified by the detainee's attorney.19
Detainee (b)(6), (b)(7)c does not know what visiting hours are as he does not
receive any visitors. His lawyer came to the Facility once. Once an attorney
9

Kenosha County Detention Center Inmate Handbook.

10

Notes of delegation member

on conversation with Administration Corporal

11

Notes of delegation member

on conversation with Administration Corporal

12

Notes of delegation member

on conversation with Administration Corporal

13

Notes of delegation member

on conversation with Administration Corporal

14

Notes of delegation member

on conversation with Administration Corporal
(b)(6)

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

15

Notes of delegation member

16

Notes of delegation member

on conversation with Administration Corporal

17

Notes of delegation member

on conversation with Administration Corporal

18

Notes of delegation member

on conversation with Administration Corporal

19

Notes of delegation member

on conversation with Administration Corporal

4

from the Midwest Immigrant & Human Rights Center (“MIHRC”) came to
visit and was turned away; the Facility told him it was too late in the day.
Normally his visiting time is continuous and not interrupted for lunch. He
had never had a visit go through lunchtime, except ours, and they brought
him lunch after we left. They do not strip search after a lawyer visit.
(b)(6), (b)(7)c
Detainee
indicated that she understood that she was
only allowed visitors, including legal visitation, on Sunday from 1:00-3:00
p.m. and Monday from 6:00-8:00 p.m. It is unclear, however, whether she
understood the difference between legal and family/friend visits.
Nonetheless, she stated that she has never had any problems with her
attorney visiting her.20

Detainee (b)(6), (b)(7)c stated he has been able to contact his attorney, and
has received certain documents sent by his counsel.21
Detainee(b)(6), (b)(7)cstated he has not spoken with an attorney, but then
said he talked to an attorney not involved in his case. He did not indicate
any issues with respect to access to an attorney.22
2.

Visitation by Family and Friends

The Standards suggest that facilities establish written visitation hours
and procedures, and make them available to the public.23 This includes
procedures for handling incoming money for detainees.24 The visiting area is
to be “appropriately furnished and arranged… as comfortable and pleasant as
practicable.”25 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.26 Visits should be at
least 30 minutes and longer when possible.27 If a facility does not provide for
visits from minors, the ICE should arrange for visits with children or
20

Notes of delegation members

on conversation with Detainee

(b)(6)

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

21

Notes of delegation members

on conversation with Detainee
(b)(6), (b)(7)c

(b)(6)

22

Notes of delegation members

23

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

24

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

25

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

26

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

27

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

on conversation with Detainee

5

stepchildren within the detainee’s first 30 days at the facility, with
continuing monthly visits.28 Visits should be granted to detainees in both
disciplinary and administrative segregation unless a detainee violates the
visitation rules or threatens the security of the visitation room.29
The Facility has implemented some of this section of the
Standards.
Facility personnel told us that the visiting schedule was posted in the
lobby; they were to provide us with a copy of the schedule when we finished
our tour, but did not do so.30 The Facility Inmate Handbook states that
"[g]eneral visiting will be conducted at regular intervals during the week"
and the "dormitory officer will post the time." It also states that a "standard
visit will be 30 minutes" and "[d]uration and frequency of visits may be
limited to accommodate inmate populations." The Handbook provides for
visits by minors if they are accompanied by a parent or legal guardian.
"Inmates serving disciplinary time do not receive general visiting
privileges."31 Cash, certified checks or money orders received by mail will be
placed in an inmate account and the inmate will receive a receipt. Personal
checks shall be considered "legal contraband" and will be placed in the
inmate's stored personal property.32
Detainee (b)(6), (b)(7)c has no family members or friends in the country to
visit him. As far as he knows family and attorneys are allowed to visit. He
does not know if children are allowed visitation. He is not sure how long
visiting time lasts, but thinks it is 30 minutes, except for lawyer visits.33
(b)(6), (b)(7)c
Detainee
has no family or friends in the area of the
Facility, and appears to have no family or friends in the United States.34

Detainee (b)(6), (b)(7)c does not know how to contact his family and has not
had any visits from them.35
28

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

29

Detention Operations Manual, Detainee Services, Standard 17, Section III.H.5.

30

Notes of delegation member

31

Kenosha County Detention Center Inmate Handbook, p. 3.

32

Kenosha County Detention Center Inmate Handbook, p. 1.

33

Notes of delegation members

(b)(6)

on conversation with Administration Corporal

(b)(6)

on conversation with Detainee

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

34

Notes of delegation members

on conversation with Detainee

(b)(6)

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

6

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

Detainee (b)(6), (b)(7)chas been unable to contact family members; they are in
Florida which has made communication difficult.36
3.

Telephone Access
General Requirements

The Standards suggest that facilities provide detainees with
reasonable and equitable access to telephones during established facility
waking hours.37 In order to meet this requirement, facilities must provide at
least one telephone for every 25 detainees.38
The Facility has implemented most of this section of the
Standards.
There are 6 to 8 telephones in each housing unit, which exceeds the
ratio of at least one telephone for every 25 detainees.39 The telephones are
available during waking hours whenever the detainees are in the housing
unit.40 The Handbook states that "[t]elephone privileges will begin after the
dormitory has passed daily inspection" and the "length of phone calls may be
controlled to provide equal access to all inmates."41
Detainee (b)(6), (b)(7)c stated that the telephones are available from 9:00
a.m. to 10:00 p.m., and that he was never furnished with notice of telephone
privileges in writing.42
(b)(6), (b)(7)c
Detainee
stated that no Facility personnel explained
to her how to use the telephone system. Thus, she was unable to use it until

35

Notes of delegation members

on conversation with Detainee
(b)(6)

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

36

Notes of delegation members

37

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

38

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

39

Notes of delegation member
and observation.

(b)(6)

40

Notes of delegation member

(b)(6)

41

Kenosha County Detention Center Inmate Handbook, p. 2.

42

Notes of delegation members

on conversation with Detainee

on conversation with Administration Corporal
(b)(6), (b)(7)c

on conversation with Administration Corporal

(b)(6)

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

7

on conversation with Detainee

approximately two months into her detention when another detainee
explained the system to her.43
Detainee (b)(6), (b)(7)c stated he had adequate access to the telephones but
had difficulty in contacting family members due to the lack of access to out-ofstate telephone directory services, and he did not know who to ask for
telephone numbers.44
Detainee(b)(6), (b)(7)clikewise stated he had adequate access to the
telephones but had difficulty in contacting family members due to the lack of
access to out-of-state telephone directory services.45
Direct vs. Collect Calls
The Standards allow facilities to generally restrict calls to collect
calls;46 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 to family members in case of emergency.47 The facility shall not require
indigent detainees to pay for these types of calls if local, nor for non-local calls
if there is a compelling need.48 In addition, the facility should allow all
detainees to make calls to the ICE list of free legal service providers and
consulates at no charge to the detainee or the receiving party.49 The
Standards suggest that the facility ensure privacy for detainees' telephone
calls regarding legal matters.50
The Facility has implemented some of this section of the
Standards.
Detainees can make direct, collect and free pre-programmed telephone
Detainees can make direct calls to the local immigration court and

calls.51
43

Notes of delegation members

on conversation with Detainee

(b)(6)

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

44

Notes of delegation members

on conversation with Detainee
(b)(6)

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

45

Notes of delegation members

46

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

47

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

48

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

49

Detention Operations Manual, Detainee Services, Standard 16,

50

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

51

Notes of delegation member

on conversation with Detainee

(b)(6)

on conversation with Administration Corporal

8

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

the board of Immigration Appeals, federal and local courts, consulates, legal
service providers, government agencies, and to family members in case of
emergency.52 The pre-programmed telephone numbers are to consulates and
legal service providers.53 We tested the pre-programmed telephone system,
which worked.54 Instructions for the telephones pertaining to the free preprogrammed calls are posted on the board in the housing room.55 Because it
is a large list, however, the type is very small and difficult to read with the
exception of a separate large sign listing the toll-free telephone number for
the Mexican Consulate.56 The Facility does put instruction stickers on the
telephones from time-to-time but the inmates remove them.57
The telephones record all calls; for legal calls, the attorney or detainee
can provide the attorney's telephone number to the Facility and the system
will not record calls to and from that number.58 At the beginning of the
telephone call, there is a recorded message explaining the recording
procedure.59 When we tested the pre-programmed telephone number for one
of the consulates, however, we did not hear any such message.60 The
telephones are also located in the center of the housing area and are not
particularly private; conversations could be overheard by other detainees or
inmates, as well as Facility staff.61
Detainee (b)(6), (b)(7)c stated that it is very difficult to reach his lawyer by
telephone because detainees must call collect. His lawyer is at Sidley and
Austin, which does not accept his collect calls. Detainee (b)(6), (b)(7)c must call
MIHRC, which will accept his collect call, to relay a message to his lawyer.
Thus it may take days to get a message through. He knows how to use the
pre-programmed telephone numbers, but does not have use for them. A
52

Notes of delegation members
Corporal (b)(6), (b)(7)cand observation.

53

Notes of delegation member
and observation.

on conversation with Administration Corporal

54

Notes of delegation member

on observation.

55

Notes of delegation member
and observation.

on conversation with Administration Corporal

56

Notes of delegation member

on observation.

57

Notes of delegation member

on conversation with Administration Corporal

58

Notes of delegation member

on conversation with Administration Corporal

59

Notes of delegation member

on conversation with Administration Corporal

60

Notes of delegation member

on observation.

61

Notes of delegation member

on observation.

on conversation with Administration

(b)(6)

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

(b)(6)

9

prisoner showed him how to use them. He was never furnished a notice of
telephone privileges in writing. He does not know if legal telephone calls are
private, but he does know it is a complicated telephone system so it is
possible.62
Incoming Calls and Messages
The Standards suggest that facilities take and deliver messages from
attorneys and emergency incoming telephone calls to detainees as promptly
as possible.63 If the facility receives an emergency telephone call for a
detainee, the Standards suggest that the facility obtain the caller’s name and
number and permit the detainee to return the emergency call as soon as
possible.64
The Facility has implemented some of this portion of the
Standards.
The Facility generally does not take telephone messages from
attorneys or others because it does not have anyone available to write down
the messages.65 The Facility delivers facsimiles from attorneys to
detainees.66 Telephone calls from attorneys go to Administration Corporal
(b)(6), (b)(7)c , who will get the detainee if it is an emergency.67 Non-attorney
emergency telephone calls are investigated by Facility staff, and if they
determine it is an emergency, they will deliver a message to the detainee.68
Detainee (b)(6), (b)(7)c stated that nobody delivers telephone messages but
someone does tell him if his lawyer has called the administrative office for
him. He has received facsimiles from his attorney.69
(b)(6)
Detainee
stated that her attorney generally did not
attempt to contact her by telephone, even when responding to her voice-mail

62

Notes of delegation members

(b)(6)

on conversation with Detainee

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

63

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

64

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

65

Notes of delegation member

66

Notes of delegation member

on conversation with Administration Corporal
on conversation with Administration Corporal
(b)(6), (b)(7)c

(b)(6)

67

Notes of delegation member

on conversation with Administration Corporal

68

Notes of delegation member

on conversation with Administration Corporal

69

Notes of delegation members

(b)(6)

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

10

on conversation with Detainee

messages. Instead, she generally received communication from her attorney
via facsimile. With respect to receipt of such facsimile communications,
(b)(6), (b)(7)c
Detainee
stated that she generally received such facsimiles
the day after they were sent.70
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.71
It is unclear whether the Facility has implemented this section
of the Standards.
We did not receive any information about this issue from our
interviews with Facility and ICE personnel, or the detainees. The Facility
Inmate Handbook provides for a loss of "Privileges" for both Minor and Major
violations.72 While the Handbook does not define "Privileges," the Handbook
section on telephones refers to "telephone privileges" implying that detainees
could lose telephone privileges if they were being disciplined.73
B.

Access to Legal Materials

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.”74
The Facility has not implemented most of the sections of the
Standards regarding access to legal materials.
1.

Access to the Library

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.75 Additionally, each
70

Notes of delegation members

on conversation with Detainee

(b)(6)

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

71

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

72

Kenosha County Detention Center Inmate Handbook, Appendix: Inmate Rules/Discipline, Minor Rule
Violations and Major Rule Violations.

73

Kenosha County Detention Center Inmate Handbook, p. 2.

74

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

75

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

11

detainee shall be permitted to use the law library for a minimum of five
hours per week.76
The Facility has not implemented most of this section of the
Standards.
The Facility does not have a permanent law library. Instead, the
Facility has one computer that apparently contains various legal materials.
Facility representatives stated that, upon request, they will bring that one
computer into a room (typically a multi-purpose room) and allow the
requesting detainee to use the computer in that room.77
(b)(6), (b)(7)c
Detainee
confirmed this general procedure. However,
she further stated that, despite multiple requests, she has only been allowed
to use the computer on one occasion for a period of some 3 hours. She further
stated that she was denied access to the computer on several occasions
because the Facility did not have any spare personnel who could be posted in
or near the multi-purpose room when she wanted to use the computer.78

Detainee (b)(6), (b)(7)c does not know whether there is a legal library or
legal materials available; he thinks there might be. He has been given a
French-English dictionary. He thinks it is necessary to pay for the computer,
and does not really know the process to be able to use the computer. He does
not know that there are legal materials on the computer and does not know
what the computer is for.79
Detainee (b)(6), (b)(7)c stated he did not know about the computerized
library or his ability to use it.80
Detainee(b)(6), (b)(7)cstated he was not aware of the availability of the
computer or the legal materials available on the computer. He has not had
access to the computer and has not requested access.81
76

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

77

Notes of delegation members
Corporal (b)(6), (b)(7)c

(b)(6)

on conversation with Administration

78

Notes of delegation members

(b)(6)

on conversation with Detainee

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

79

Notes of delegation members

(b)(6)

on conversation with Detainee

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

80

Notes of delegation members

on conversation with Detainee
(b)(6), (b)(7)c

(b)(6)

81

Notes of delegation members

on conversation with Detainee

12

2.

Library Conditions

The Standards suggest that a facility provide a law library with
sufficient space to facilitate detainees’ legal research and writing.82
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.”83
The Facility
Standards.

has

not

implemented

this

section

of

the

As the Facility has no specific law library, it is impossible to assess the
physical conditions of the “law library.” Furthermore, as the Facility uses
several rooms (mainly multi-purpose rooms) as the law library by bringing a
computer into those rooms, it is impossible to properly assess whether any
such room meets the suggested standards. Furthermore, as the Facility has
only one computer, it is undisputed that the Facility cannot provide access to
more than one detainee at a time. Thus, if more than one detainee requests
to use the computer at the same time, one detainee will be prevented from
accessing the computer. In such situations, Facility personnel indicated that
they would prioritize the requesting detainees’ need for the computer (e.g.,
giving priority to a detainee with an upcoming filing deadline, etc.).84
3.

Materials Identified in the Detention Standards

The Standards state that all facility law libraries should 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

82

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

83

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

84

Notes of delegation members
Corporal (b)(6), (b)(7)c

85

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

86

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

87

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

on conversation with Administration

(b)(6)

13

We cannot assess whether the Facility has implemented this
section of the Standards.
The Facility claims that Attachment A was withdrawn or otherwise
removed as an applicable standard by the Federal government. According to
Facility representatives, this change occurred because it was too costly to
maintain updated written copies of all of the materials listed on Attachment
A. Instead, as previously noted, certain materials apparently are provided on
a computer via CD-ROM. Facility representatives stated that the CD-ROM
materials are updated quarterly. We requested a list of all of the materials
that were available on the CD-ROM/computer system. That request,
however, was denied, and we were unable to turn the computer on or
determine what materials may be available on it. Thus, we do not know
what materials are being provided to detainees.88
Facility personnel stated that the library materials are only accessible
through use of the computers because of detainee destruction of the library
texts.89
4.

Computer Access, Equipment and Holdings

The Standards suggest that facility law libraries provide an adequate
number of typewriters and/or computers, writing implements, paper, and
office supplies to enable detainees to prepare documents for legal
proceedings.90
The Facility
Standards.

has

not

implemented

this

section

of

the

Detainee (b)(6), (b)(7)c stated he does not have access to a typewriter, pens,
paper or other supplies without paying for them, although he sometimes asks
to borrow a pen.91
(b)(6), (b)(7)c
Detainee
stated that the Facility does not provide any
computers or typewriters for preparing documents for legal proceedings. She

88

Notes of delegation members
Corporal (b)(6), (b)(7)c

89

Notes of delegation members

(b)(6)

on conversation with Administration

on conversation with Administration Corporal

(b)(6)

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

90

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

91

Notes of delegation members

(b)(6)

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

14

on conversation with Detainee

was specifically told that the “law library computer” could not be used to
prepare such documents. To prepare handwritten materials, she needs to
purchase her own writing implements, paper, etc., and if she does not have
sufficient funds to make such purchases, she cannot prepare any written
materials.92
5.

Assistance From Other Detainees

The Standards suggest that each facility permit detainees to assist
other detainees in researching and preparing legal documents upon request,
except when such assistance poses a security risk.93
It appears the Facility has not implemented some of this
section of the Standards.
It was unclear from our inspection whether the Facility permits
detainees to assist other detainees in researching and preparing legal
documents. However, it appears that only one detainee is allowed to use the
“law library” computer and be in the room where that computer is housed at
any particular moment. Thus, it would appear that it would be, at a
minimum, more difficult for a detainee to assist another detainee in
researching a legal issue than if detainees could work on such research at the
same time and in the same place.94
6.

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 legal proceedings involving the detainee.95 Enough copies
must be provided so that a detainee can fulfill court procedural rules and
retain a copy for his or her records.96 Facility personnel may not read a
document that on its face is clearly related to a legal proceeding involving the
detainee.97

92

Notes of delegation members

on conversation with Detainee

(b)(6)

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

93

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

94

Notes of delegation members

95

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

96

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

97

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

(b)(6)

15

It is unclear whether the Facility has implemented this section
of the Standards.
According to Administration Corporal (b)(6), (b)(7)c , photocopies are made
for detainees upon request. Detainees are charged $0.25 per page, but if the
detainee is indigent, copies are made for free. There is no specific limit on the
number of copies that will be made, either for charge or for free. A rule of
reasonableness will apply: as long as the request is reasonable, free copies
will be provided. The request procedure is to ask the Dorm Officer or other
officer to have copies made. The Facility has an accountant on staff full time
who has access to all of the detainees' account information and can determine
whether a detainee is indigent. Detainees are allowed to keep their legal
material in their foot locker.98
Detainee (b)(6), (b)(7)c stated that photocopying legal materials is not free,
even if the detainee is indigent. However, he thinks it is free to send
something to an attorney. He is allowed to keep his legal materials with
him.99
(b)(6), (b)(7)c
Detainee
stated she could obtain copies only if she
paid for them. She was told that if she had "no money in the bank, no copies"
would be made. Her account was completely depleted the week before the
interview (meaning sometime during the week of September 5, 2005). She
did agree that she was allowed to keep her legal materials in her foot locker
and that she had enough room to keep those materials.100

Detainees
any photocopies.101
7.

stated they have not attempted to make

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

Correspondence and Other Mail

The Standards suggest 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.102 General correspondence
98

Notes of delegation members
Corporal (b)(6), (b)(7)c

99

Notes of delegation members

on conversation with Administration

(b)(6)

(b)(6)

on conversation with Detainee

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

100

Notes of delegation members

on conversation with Detainee

(b)(6)

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

101

Notes of delegation members

on conversations with Detainees

(b)(6)

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

102

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

16

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

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 if security reasons exist for doing so.103 Special correspondence—
which includes all written communication to or from attorneys, legal
representatives, judges, courts, government officials, and the news media—is
treated differently.104 Incoming special correspondence can be inspected for
contraband only in the presence of the detainee, but it can never be read or
copied.105 Outgoing special correspondence cannot be opened, inspected, or
read.106 The Standards also suggest 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.107 Finally, the Standards suggest that facilities notify detainees of
specific information regarding correspondence policies.108
It is unclear whether the Facility has implemented this section
of the Standards.
The Facility Inmate Handbook states that Facility officers "will scan
and inspect all non-privileged, incoming and outgoing correspondence," "[a]ll
outgoing mail will be presented to the dormitory officer in an unsealed
condition," and "[o]utgoing and incoming mail will be scanned for
unauthorized content and inspected for contraband."109 "Privileged" and
"non-privileged" mail are not defined in the Handbook. Facility
representatives indicated that Facility personnel are not to read incoming
legal correspondence.110 According to Facility personnel, envelopes and
stamps are provided on a reasonable basis to indigent detainees.111
Detainee (b)(6), (b)(7)c stated that if a detainee is indigent, the Facility will
provide free envelopes but no stamps. The Facility once faxed something to
his attorney for free. To send a facsimile, a detainee prepares a written

103

Detention Operations Manual, Detainee Services, Standard 3, Sections III.B. & E.
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B., E. & F.
105
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B. & E.
106
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B. & F.
107
Detention Operations Manual, Detainee Services, Standard 3, Section III.N.
108
Detention Operations Manual, Detainee Services, Standard 3, Section III.B.
104

109

Kenosha County Detention Center Inmate Handbook, pp. 1-2 (emphasis in original).

110

Notes of delegation members
Corporal (b)(6), (b)(7)c

on conversation with Administration
(b)(6)

111

Notes of delegation members
Corporal (b)(6), (b)(7)c

on conversation with Administration

17

request to the C.O. ("commanding officer") who then handles it. He does not
know if there is a limit on the number of facsimiles a detainee can send.112
(b)(6), (b)(7)c
Detainee
stated she could obtain envelopes and
stamps only if she paid for them. She was told that if she had no money in
the bank she could not get envelopes or stamps. She generally receives
facsimiles from her attorney the day after they are sent.113

8.

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 the IGSA facility.”114
Informational posters are to be prominently displayed in the housing units at
least forty-eight hours in advance of a scheduled presentation.115 While the
presentations are open to all detainees, the facility “may limit the number of
detainees at a single session.”116 “The facility shall select and provide an
environment conducive to the presentation, consistent with security.”117 In
addition, detainees shall have regular opportunities to view an “INSapproved videotaped presentation on legal rights.”118
It appears the Facility has implemented this section of the
Standards.
According to Facility personnel, group presentation are allowed and
occur, which include a video entitled "Know Your Rights."119
Detainee (b)(6), (b)(7)c stated MIHRC came to the Facility once and gave a
presentation on immigration rights, which he attended. He also spoke with
112

Notes of delegation members

on conversation with Detainee

(b)(6)

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

113

Notes of delegation members

on conversation with Detainee

(b)(6)

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

114

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

115

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

116

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

117

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

118

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

119

Notes of delegation members
Corporal (b)(6), (b)(7)c.

on conversation with Administration

(b)(6)

18

an attorney from MIHRC after the presentation. He has not seen the video
"Know Your Rights."120
Detainee
IV.

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

stated that group presentations do occur.121

OTHER PROVISIONS OF THE ICE DETENTION STANDARDS
A.

Recreation

The Standards suggest that all detainees have access to recreation
“under conditions of security and safety.”122 Detainees should be housed in
facilities with outdoor recreation.123 If a facility only provides indoor
recreation, detainees must have access for at least one hour per day,
including exposure to natural light.124 Detainees should have access to “fixed
and movable equipment,” including opportunities for cardiovascular exercise,
and games and television in dayrooms.125
The Facility has not implemented some of this section of the
Standards.
The Facility Inmate Handbook states that "[o]utdoor exercise is
available, weather permitting, on a rotating basis by living unit."126 The
Facility provides male detainees with outdoor recreation, but female
detainees are not allowed any outdoor recreation. Apparently, this is due to
the fact that the outdoor recreation areas are housed in-between the male
dormitories, which have visual access to those outdoor recreation areas.
Facility personnel stated that they could not prevent visual access to those
areas to allow outdoor female recreation.127 However, based on the physical
layout of the Facility, it would not appear overly difficult to temporarily cut-

120

Notes of delegation members

on conversation with Detainee

(b)(6)

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

121

Notes of delegation members

on conversation with Detainee

(b)(6)

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

122

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

123

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

124

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

125

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

126

Kenosha County Detention Center Inmate Handbook, pp. 3-4.

127

Notes of delegation members
Corporal (b)(6), (b)(7)c

on conversation with Administration

(b)(6)

19

off such visual access (e.g., by temporary screening, etc.) to allow female
detainees access to outdoor recreation.128
The housing areas are equipped with books, magazines and
television.129
B.

Access to Medical Care

The Standards suggest that all detainees have access to medical
services that promote detainee health and general well-being.130 Each
facility is suggested to have regularly scheduled times, known as sick call,
when medical personnel are available to see detainees who have requested
medical services.131 For a facility of over 200 detainees, a minimum of five
days per week is suggested.132 Facilities must also have procedures in place
to provide emergency medical care for detainees who require it.133 With
respect to emergency care, the Standards state that in a situation in which a
detention officer is uncertain whether a detainee requires emergency medical
care, the officer should immediately contact a health care provider or an onduty supervisor.134 If a detainee is diagnosed as having a medical or
psychiatric condition requiring special attention (e.g., special diet), the
medical care provider is required to notify the Officer-in-Charge in writing.135
The Facility has implemented some of this section of the
Standards.
All detainees must fill out a medical request form to get medical
attention. Initial assessment is performed by on-site nurses provided
through an agency, the Kenosha Visiting Nurses. At least one nurse is at the
Facility sixteen (16) hours a day, seven (7) days a week. A physician visits
the facility once a week. A psychologist visits the Facility three (3) times per
week. According to the nursing staff, they will administer nonprescription
drugs to detainees as warranted. If the nursing staff determines that a
128

Notes of delegation members

129

Notes of delegation member

130

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

131

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

132

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

133

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

134

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

135

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

on observation.

(b)(6)

(b)(6)

on observation.

20

condition warrants further attention, a physician will be notified and in the
case of an emergency, the detainee will be taken to the hospital at the
downtown Milwaukee jail. All procedures are posted inside the detainees'
living area.136
Detainee (b)(6), (b)(7)c stated that to see the Facility nurse, a detainee
presents a written request to the C.O. He has never been refused medical
care. He has been given medical treatment for headaches and an ear
infection. There was no French interpreter when he received medical care.137
(b)(6), (b)(7)c
Detainee
voiced several complaints with respect to
access to medical care. Her two main complaints are as follows. First, her
access to mineral oil to treat a skin condition was too restrictive. Initially she
was given 3 units of mineral oil on a monthly basis. However, during one
month she was provided with 4 units. After that month, the Facility limited
her to 1 unit per month, which allegedly has caused her skin condition to
continue. She made 5-6 requests to see a doctor about the mineral oil
limitation, but each such request was denied. Second, in the downtown
Kenosha facility, she had been given two mattresses to address certain back
complaints she had. However, she stated that due to a run-in with a guard,
she was no longer provided with the second mattress when she was moved to
KCDF. She made 4-5 requests to see a doctor about this fact, but each such
request was denied. It should be noted, though, that her back condition has
apparently resolved itself.138

Detainee (b)(6), (b)(7)c complained about a hernia condition which has gone
undiagnosed and untreated for several weeks. Based upon his comments, the
delegation concluded that from a cultural standpoint he may not want to
discuss physical ailments related to his groin area with a female nurse.
However, he cannot see the physician without the nurse's prior
examination.139

136

Notes of delegation members

on conversation with Registered Nurse

(b)(6)

(b)(6)

(b)(6)

137

Notes of delegation members

(b)(6)

on conversation with Detainee

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

138

Notes of delegation members

on conversation with Detainee

(b)(6)

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

139

Notes of delegation members
.

(b)(6)

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

21

on conversation with Detainee

C.

Access to Dental Care

The Standards suggest that detainees have an initial dental screening
exam within 14 days of the detainee’s arrival and require the facility to
provide a number of services, including emergency dental treatment and
repair of prosthetic appliances.140 For detainees who are held in detention for
over six months, routine dental treatment may be provided, including
amalgam and composite restorations, prophylaxis, root canals, extractions, xrays, the repair and adjustment of prosthetic appliances and other
procedures required to maintain the detainee’s health.141
The Facility has not implemented some of this section of the
Standards.
Nurses perform initial dental assessments at the Facility. We were
advised by the nursing staff that if a detainee is in pain they will prescribe
non-prescription (aspirin or Tylenol) medication. Dental examinations are
not performed by a licensed dentist. If an on-duty nurse determines an
extraction is warranted, then the detainee will be taken to an off-site facility
for tooth removal.142
Detainee (b)(6), (b)(7)c stated he has dental problems, but he was told by the
nursing staff that only extractions are available to detainees.143
D.

Detainee Classification

The Standards suggest that detention facilities use a classification
system and physically separate detainees in different categories.144 A
detainee’s classification is to be determined on “objective” criteria, including
criminal offenses, escape attempts, institutional disciplinary history, violent
incidents, etc.145 Opinions, unconfirmed and unverified information, and
physical characteristics and appearance are not to be taken into account.146
Classification is required in order to separate detainees with no or minimal

140

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

141

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

142

Notes of delegation members

(b)(6)

on conversation with Registered Nurse

(b)(6)

on conversation with Detainee (b)(6), (b)(7)c

(b)(6)

143

Notes of delegation members

144

Detention Operations Manual, Detainee Services, Standard 4, Section I.
Detention Operations Manual, Detainee Services, Standard 4, Section III.D.
146
Detention Operations Manual, Detainee Services, Standard 4, Section III.D.
145

22

(b)(6)

criminal records from inmates with serious criminal records.147
Additionally, all facility classification systems shall allow classification
levels to be re-determined and include procedures by which new arrivals can
appeal their classification levels.148 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 or her classification.149
The Facility has not implemented some of this section of the
Standards.
The Facility classifies detainees into three groups that correspond to
the ICE's classification of detainees. The top and bottom groups,
representing the highest and lowest level of criminal record, disciplinary
issues, flight risks, etc., are separated from each other and members of the
middle group can be assigned to either of them.150 The Facility's Inmate
Handbook does not set out the Facility's classification system and there is no
indication detainees are informed about procedures to change classification
status.
Detainee (b)(6), (b)(7)c stated he is housed with criminals, and that there
are a lot of criminals in the facility. He does not know if there are other
methods of classification; he has not been classified by other methods, e.g.,
receiving medication, sexual orientation, etc.151
E.

Voluntary Work Program

The Standards suggest that all facilities with work programs provide
an opportunity for physically and mentally capable detainees to “work and
earn money.”152 Participation must be voluntary, and detainees may not
work more than eight hours per day, and 40 hours per week.153

147

Detention Operations Manual, Detainee Services, Standard 4, Sections III.A & III.E.
Detention Operations Manual, Detainee Services, Standard 4, Sections III.G. & H.
149
Detention Operations Manua
es, Standard 4, Section III.I.
150
(b)(6)
Notes of delegation member
on conversation with Administration Corporal (b)(6), (b)(7)c
and ICE Officer (b)(6), (b)(7)c
148

151

Notes of delegation members

(b)(6)

on conversation with Detainee

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

152

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

153

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

23

The Facility
Standards.

has

not

implemented

this

section

of

the

The Facility has work programs in the kitchen and laundry
departments, but the workers are limited to inmates who have been
sentenced on their criminal charges and the program is part of their
sentence.154
F.

Detainee Grievance Procedures

The Standards suggest that every facility develop and implement
standard procedures for handling detainee grievances and encourage the
facility to initially seek to resolve grievances informally before having to
engage in a more formalized procedure.155 Translating assistance for both
formal and informal grievances must be provided upon request.156 The
Standards also require that each facility establish a reasonable time limit
for: (1) “processing, investigating, and responding to grievances;” (2)
“convening a grievance committee to review formal complaints;” and (3)
“providing written responses to detainees who filed formal grievances,
including the basis for the decision.”157
All grievances must receive
supervisory review, include guarantees against reprisal, and allow for
appeals.158
The Facility has implemented some of this section of the
Standards.
The Facility Inmate Handbook states that "inmates will not be
penalized for using the procedure except that lying about a staff member or
service provider is a rules violation and will be treated accordingly," and the
"grievance procedure will not be used for matters of discipline, which has a
separate appeals process."159
The procedure is as follows. The inmate is to first speak with the
dormitory officer or activity supervisor who "will attempt to correct any
misconceptions about HOC ["House of Corrections"] procedures." If the issue
cannot be "informally" resolved this way, the inmate may obtain an Inmate
Grievance Form from the dormitory officer, which must be completed within
154

Notes of delegation member
(b)(6)
Warehouse Clerk

, on conversations with Administration Corporal
(b)(6)
and Head of Food Service
(b)(6)

155

Detention Operations Manual, Detainee Services, Standard 5, Sections I. & III.A.
Detention Operations Manual, Detainee Services, Standard 5, Sections III.A.1. & 2.
157
Detention Operations Manual, Detainee Services, Standard 5, Section I.
158
Detention Operations Manual, Detainee Services, Standard 5, Sections I. & III.C.
159
Kenosha County Detention Center Inmate Handbook, Appendix: Grievance Procedure.
156

24

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

seven days of the occurrence. The Forms are to be deposited in a mailbox
located at the entrance to the dining area, which is emptied by a Shift
Supervisor once each of the two daily shifts and given to the Assistant
Superintendent or designee. The Assistant Superintendent will assign a
supervisor to review and respond to each grievance. "Every effort will be
made to return all grievances within 7 calendar days of receipt of the
grievance by the reviewing officer," and a written response will be completed
on the Inmate Grievance Response. Inmates have 72 hours from receipt of
the Response to file an appeal using another Inmate Grievance Form. The
Form is deposited in the same mailbox and picked up at the same time as the
initial grievances. The Grievance Officer will forward the appeals to the
Assistant Superintendent or designee, along with the original Form and any
pertinent documentation. "Every effort" will be made to complete the appeal
within 14 calendar days of its receipt, the response will be in writing and this
is the final appeal.160
Detainee (b)(6), (b)(7)c stated that if a detainee has a grievance, it must be
put it in writing and given it to the C.O. He asked to change dorms because
some inmates were bothering him, but the Facility did not allow him to do so.
The Facility asked him to try to work out his problem with the other
individual face to face. He indicated he would like to be housed with other
Christians. He also indicated he did not want to be housed with criminals.
He indicated that it is difficult to make a complaint because the detainees are
dependent on the officers in charge. He was not subject to retaliation after he
made his request.161
(b)(6), (b)(7)c
Detainee
stated that she had filed a written grievance
against Officer 1338. That grievance was given to the Dorm Officer. She
never received a response to the grievance. She was worried about
retaliation for filing a grievance, with one guard telling her that, “we will get
[her]” if she filed a grievance.162

G.

Religious Practices

The Detention Standards suggest that detainees of different religious
beliefs be provided with reasonable and equitable opportunities to participate
in the practices of their respective faiths.163 According to the Standards,
160

Kenosha County Detention Center Inmate Handbook, Appendix: Grievance Procedure.

161

Notes of delegation members

(b)(6)

, on conversation with Detainee

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

162

Notes of delegation members

, on conversation with Detainee

(b)(6)

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

163

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

25

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.”164 Moreover, a facility’s staff shall make “all reasonable
efforts to accommodate” special food services required by a detainee’s
particular religion.165 Detainees in confinement must also be permitted to
participate in religious practices, consistent with the safety, security, and
orderly operation of the facility.166
The Facility has implemented at least some of this section of
the Standards.
The Facility’s Head of Food Services stated that the Facility provides religiousbased diets upon request.167
H.

Disciplinary Policy

The Standards suggest that facility authorities “impose disciplinary
sanctions on any detainee whose behavior is not in compliance with facility
rules and procedures” in order “to provide a safe and orderly living
environment.”168 Each facility holding ICE detainees must have a detainee
disciplinary system which has “progressive levels of reviews, appeals,
procedures, and documentation procedures.”169 Any disciplinary action taken
must not be capricious or retaliatory and the following sanctions may not be
imposed: “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 condition.”170 In addition, the Standards provide
that all incident reports filed by officers must be investigated within twenty-

164

Detention Operations Manual, Detainee Services, Standard 14, Section I.
Detention Operations Manual, Detainee Services, Standard 14, Section III.M.
166
Detention Operations Manual, Detainee Services, Standard 14, Section III.O.
167
Notes of delegation members
on conversation with Head of Food Service
(b)(6)
165

(b)(6)

168

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

169

Detention Operations Manual, Security and Control, Standard 5, Section III.A.1.

170

Detention Operations Manual, Security and Control, Standard 5, Sections III.A.2 and III.A.3.

26

four hours of the incident.171 An intermediate level of investigation or
adjudication must be established to adjudicate low or moderate infractions.172
It is unclear whether the Facility has implemented this section
of the Standards.
The Facility Inmate Handbook lists five categories of rules violations,
which are classified as either "Minor Rule Violations" or "Major Rule
Violations." Minor violations "do not present an immediate threat to the
security of the HOC" and "[o]fficers are encouraged to resolve these violations
informally but as instructively as possible." Minor violation sanctions include
verbal reprimand (away from other inmates when possible), loss of privileges
for up to 24 hours, restriction to the dormitory isolation room for no longer
than 24 hours, extra work assignments and restriction of electronics. Loss of
privileges is not defined. Therefore, it is unclear whether KCDF imposes any
of the sanctions prohibited by the Standards, including: “deviations from
normal food services; deprivation of clothing, bedding, or items of personal
hygiene; deprivation of correspondence privileges; or deprivation of physical
exercise.”173
Verbal reprimands are to be documented on "Rotor Cards," and
"Conduct Reports" are to be completed when "an inmate responds negatively
to a verbal reprimand" or "has been reprimanded previously for the same
violation," or the "officer is selecting an option other than a verbal
reprimand." A Shift Supervisor is to review and sign the Conduct Report
when s/he makes rounds. The Shift Supervisor reviews and signs the
Conduct Report to determine whether the violation is Minor or Major. If it is
Minor, the inmate is to receive a copy and another copy will be forwarded to
the inmate's HOC file. If the violation is Major, additional documentation
and a hearing process must be initiated, and the inmate does not receive a
copy of the report.174
Major violations have sanctions including restriction of privileges for
more than 24 hours, placement in segregation for more than 24 hours, loss of
good time, or restriction of work release. Inmates charged with Major
violations "will receive a hearing before the imposition of disciplinary
measures, unless the inmate waives his/her right to such a hearing" and the
"purpose of the hearing is to guarantee procedural due process to the alleged
171

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

172

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

173

Detention Operations Manual, Security and Control, Standard 5, Sections III.A.2 and III.A.3.

174

Kenosha County Detention Center Inmate Handbook, Appendix: Inmate Rules/Discipline.

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offender." An officer who observes a Major rule violation is to take
"immediate action to correct the situation," and will notify the Shift
Supervisor and complete a Conduct Report before the end of the officer's tour
of duty, although a Shift Supervisor may grant additional time to complete
and document any additional investigative information if circumstances
require it. The Shift Supervisor will determine "when, or if, a Disciplinary
Hearing will be conducted" and if a hearing is required, will complete a
Notice of Disciplinary Hearing form and will forward the Conduct Report,
Notice of Disciplinary Hearing and any other pertinent documents to the
Assistant Superintendent or designee for assignment of a Hearing Officer.175
The Shift Supervisor determines whether the inmate should remain in
the housing unit or placed in a more secure housing unit pending completion
of the investigation or hearing. Inmates may be placed in Administrative
housing when necessary for the safety of the inmate, of other inmates and/or
of the jail staff and/or to ensure the "safe, secure and tranquil operation of the
HOC." "Investigations for Major Rules violations should be completed no
later than 72 hours from time of incident." The assigned Hearing Officer
schedules the hearing and the inmate must be notified of the hearing at least
24 hours in advance. The Hearing Officer is to be of supervisory rank, and
may not have personally observed, been part of or investigated the subject
incident. The inmate has the right to be present, to make a statement and to
present relevant evidence at the hearing, including to present any relevant
witness whose testimony is not cumulative "unless the safety of any other
witness or the security of the facility would be threatened if the witness
testified" and the reason for the witness' absence is to be documented. "If the
inmate refuses to attend the hearing or disrupts the hearing, the hearing
may be conducted without the inmate being present." "The hearing officer
may hear the testimony of a witness outside the presence of the accused
inmate if there is a significant risk of bodily harm to the witness in testifying
in front of the accused inmate" and the reason for the accused's absence is to
be documented. "If the inmate has difficulty understanding the issues [s/]he
has a right to a staff advocate to assist in understanding the charges and
preparing a defense." The Hearing Officer will render a decision at the
conclusion of the hearing based solely on the information presented at the
hearing, and may take any of the following actions: (1) "[d]ismiss charges
against the inmate when evidence supports that the inmate did not commit
the violation," (2) "[i]mpose sanctions against the inmate" including
concurring sanctions, and (3) "[s]uspend or reduce any sanctions pending
completion of other conditions." The Hearing Officer will record the
disposition on the Disciplinary Hearing Report, which the inmate will receive

175

Kenosha County Detention Center Inmate Handbook, Appendix: Inmate Rules/Discipline.

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and which will include the appeal procedure. All documents associated with
the incident and hearing are to be forwarded to the inmate's file.176
Inmates may appeal the decision to the Assistant Superintendent of
the House of Corrections by completing an Inmate Review Form addressed to
the Hearing Officer within 10 days of the decision. The Hearing Officer will
attach all appropriate reports to the form and forward it to the Assistant
Superintendent who will approve, modify or dismiss the sanctions against the
inmate. A copy of that decision will be forwarded to the inmate within 10
days of receiving an appeal request.177
Only one of the detainees we interviewed had any information about
the topic of discipline. Detainee (b)(6), (b)(7)c stated he knows about some of the
disciplinary procedures used at the facility, such as putting the inmate in
"the hall," taking away work privileges, taking away the shower. When he
arrived, he saw the rules or instructions on a television. They are also posted
on the wall. Detainee (b)(6), (b)(7)c indicated that the discipline meted out
depends on the C.O. In addition, if it is the first time, and the detainee is not
a troublemaker, the C.O. might be lenient.178
I.

Staff-Detainee Communication

The Detention Standards suggest procedures be in place “to allow for
formal and informal contact between key facility staff and ICE staff and ICE
detainees and to permit detainees to make written requests to ICE staff and
receive an answer in an acceptable time frame.”179 The Standards suggest
that weekly visits be conducted by ICE personnel and that “regular
unannounced (not scheduled) visits” be conducted by the ICE OIC, the
Assistant OIC, and designated department heads.180 The purpose of such
visits is to monitor housing conditions, interview detainees, review records,
and answer questions for detainees who do not comprehend the immigration
removal process.181 The Standards also suggest that detainees “have the
opportunity to submit written questions, requests, or concerns to ICE
staff.”182
All facilities that house ICE detainees must have “written
procedures to route detainee requests to the appropriate ICE official” and
176

Kenosha County Detention Center Inmate Handbook, Appendix: Inmate Rules/Discipline.

177

Kenosha County Detention Center Inmate Handbook, Appendix: Inmate Rules/Discipline.

178

Notes of delegation members

(b)(6)

on conversation with Detainee

(b)(6)

179

Detention Operations Manual, Detainee Services, Standard 15, Section I.
Detention Operations Manual, Standard 15, Section III.A.
181
Detention Operations Manual, Standard 15, Section III.A.
182
Detention Operations Manual, Standard 15, Section III.B.
180

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must assist detainees “who are disabled, illiterate, or know little or no
English.”183 Moreover, the Standards suggest that detainee requests be
forwarded to the appropriate ICE office within 72 hours and “answered as
soon as possible or practicable, but not later than 72 hours from receiving the
request.”184
The delegation could not determine whether the Facility has
implemented this section of the Standards.
The delegation observed several posted signs in the housing areas
containing information about ICE office visits.185 We did not receive any
information about this section from our interviews with Facility and ICE
personnel, there is no relevant information in the Facility Inmate Handbook,
and the detainees we interviewed did not have information about the topic.

183

Detention Operations Manual, Standard 15, Section III.B.
Detention Operations Manual, Standard 15, Section III.B.1.
185
Notes of delegation member
on observation.
(b)(6)
184

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V.

CONCLUSION

The Kenosha Detention Facility has implemented some of the ICE
Detention Standards but has also failed to implement a number of sections.
A.
To address the issue of legal access, the Facility should take
several steps. All of the Facility's legal resources for detainees are housed in
one computer. The Facility should inform detainees about the available
computer and its legal resources, including the procedure for its use. The
Facility should also provide more than one computer so that more than one
detainee has access at a time, and that detainees can assist each other if
needed. The Facility should provide a list of the legal materials available on
the computer so that implementation of the Standards can be determined.
The Facility should provide materials such as typewriters, pens and paper for
detainees to use to prepare legal documents. Such materials should be free
for indigent detainees. The Facility should inform detainees about telephone
procedures, and provide printed instructions for the pre-programmed
telephone numbers that are easier to access.
B.
To address the issue of outside recreation for women, the
Facility should look for a remedy to the issue instead of simply precluding
women from the outside recreation area. If the Facility is concerned about
male inmates' ability to observe female inmates while the women are in the
outside recreation area, the Facility should address the issue of visibility by
taking actions such as placing temporary screens on the windows.
C.
One global issue that the Facility should address is that there is
only one Facility Handbook outlining procedures for inmates, and it appears
to have been created for criminal inmates instead of immigration detainees.
This means that some detainee issues are not addressed at all (e.g., legal
visitation, Special Management Unit for detainee discipline, transfers of
detainees, etc.) and other issues are potentially being improperly handled
because the inmate procedure is different than the detainee procedure (e.g., it
is unclear whether detainees can lose telephone privileges to speak with their
attorney for disciplinary reasons). The Facility should either create a
separate handbook or an appendix to the existing handbook for procedures
specific to detainees.
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