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MEMORANDUM

Washington, D.C.

August 16, 2004

Director, Office of Detention and Removal, Immigration and Customs Enforcement
American Bar Association Delegation to Lerdo Detention Center Facility in Kern
County, California 1

To:
From:
File no:
Copies to:
Subject:

I.

ABA Commission on Immigration Policy, Practice and Pro Bono
Report on Lerdo Detention Center Facility Tour Observations
b6

Introduction

This memorandum summarizes information gathered during an observational tour of the
Lerdo Pre-Trial Facility of the Lerdo Detention Center Facility (the “Lerdo Facility” or the
“Facility”) in Kern County, California on July 22, 2004. The purpose of the tour was to assess
the Facility’s implementation of the INS Detention Center Standards (the “Standards”), which
apply to federal immigration detainees. The information summarized herein was collected via
observation, interviews with Facility personnel and Immigration and Customs Enforcement
officers (“ICE,” formerly the Immigration and Naturalization Service, or “INS”), and an
interview with an immigration detainee held at the Facility.
A.

ICE Detention Standards

The INS promulgated the Standards in November 2000 to insure the “safe, secure and
humane treatment of individuals detained by the INS.” The thirty-six Standards contained in the
Detention Operations Manual cover a broad spectrum of issues ranging from visitation policies
to grievance procedures and food service. These Standards apply to ICE Service Processing
Centers (“SPCs”), Contract Detention Facilities (“CDFs”) and state and local government
facilities like the Lerdo Facility that contract with the ICE through Intergovernmental Services
Agreements (“IGSAs”) to hold ICE detainees. The Standards went into effect at INS SPCs on
January 1, 2001, with a deadline for implementation at each facility by January 2003. The
Standards establish guidelines for the minimal operational requirements for facilities in their

1
b6

The delegation consisted of Latham & Watkins LLP partner
and
and summer associates b6
b6

SV\423814.2

associates

b6
b6

and

b6

b6

DRAFT 05-26-2006 502130-0017

treatment of ICE detainees. Each Field Office or Officer in Charge (“OIC”) of a facility may, in
his or her discretion, promulgate policies and practices affording ICE detainees more enhanced
rights and protections than those provided for by the Standards.
B.

The American Bar Association’s July 22, 2004 Delegation to the Lerdo
Facility: Purpose and Process

In cooperation with ICE, the ABA sent a delegation to Lerdo Facility on July 22, 2004 to
assess the Facility’s implementation of the Standards. The ABA delegation toured the Facility
b6, b7C
in the company of Facility Commander
; Federal Contract Liaison of the
b6,
b7C
b6, b7C
Sheriff’s Department
Facility Administrative Sergeant
(collectively
b6, b7C
b6, b7C
known as “Facility Personnel”); and Deportation Officers
,
and b6, b7C
b6, b7C
of ICE, Bakersfield (collectively known as “Deportation Officers” or “ICE Officers”).
The tour concluded with a group question and answer session and an interview with Mr. b6, b7C
b6, b7C
an ICE detainee held at the Facility.
The purpose of this memorandum is to summarize the delegation’s observations
regarding the Facility’s implementation of the Standards and identify ways in which the
conditions of detention for ICE detainees might be further improved. 2 The memorandum begins
with a general overview of the Lerdo Facility and goes on to discuss implementation of the
Standards on visitation rights; telephone access; access to legal materials; availability of group
rights presentations; recreation, access to medical care and religious resources; and
miscellaneous aspects of the Facility.
II.

The Lerdo Detention Center Facility

The Lerdo Facility is located in Kern County, California, a few miles north of
Bakersfield. The Facility is a county jail that contracts with ICE through an IGSA to clothe,
house and maintain ICE immigration detainees for a per diem fee of $63 each.
The July 22, 2004 delegation toured Lerdo’s Pre-Trial Facility. The delegation was told
that the Pre-Trial Facility was identical to the Max/Med Facility, which the delegation did not
visit. 3 OICs indicated both facilities house ICE detainees. The Pre-Trial Facility is a “new
generation” detention facility. Six housing pods completed in 1987 and a seventh pod completed
in 1989 make up the facility. Each pod has six housing units with 32 inmates per unit. The cells
sleep two inmates each and are on two floors. The first floor cells open directly into a main
room which contains the TV, telephones, and a general seating area. 4 The second floor cells

2

The delegation would like to note that the Facility is moving toward implementation of the Standards and
has made considerable progress since the last ABA delegation’s visit, in the summer of 2002.

3

The Lerdo Max/Med Facility opened in 1978. In addition to being the maximum security facility for the
Kern County Detentions system, Lerdo Max/Med entered into an agreement with the United States to
house federal detainees and inmates in 1991. The U.S. Marshall's Service, Bureau of Prisons and the ICE
utilize the Max/Med facility. Kern County Detentions webpage
http://www.co.kern.ca.us/sheriff/detent.htm. Viewed on August 2, 2004.

4

The telephones are outgoing only and do not accept incoming calls. Officer b6, b7C explained that all
inmates in a housing unit must agree to a proposed television schedule for the week which they hand to the officer

2
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DRAFT 05-26-2006 502130-0017

open onto a balcony which overlooks the main room. Inmates have access to this area from 3:00
a.m. to 11:00 p.m. daily and eat all meals in the main area. 5 Each cell has an intercom through
which detainees may communicate with the pod control officer. The Facility is designed for
keyless operation, and most of the security doors are electronically opened by the pod control
officer above. The pod officer is separated from the prisoners by electric doors and shatter proof
glass. Deputies and correctional officers have no direct control over the opening of security
doors and work on the ground level where the inmates are housed. 6
A.

ICE Detainee Population

The Lerdo Facility has a capacity of 1,232, and holds both county and federal inmates.
On July 22, 2004, the population count was 1,115, including approximately 276 women and 270
federal inmates. 7 Approximately 113 of these inmates were ICE detainees: 100 men and 13
women. 8 These detainees are for the most part “final order” detainees, often awaiting travel
documents before being sent out of the country. According to ICE personnel, none of the ICE
detainees are currently being held solely on immigration charges; in other words, all ICE
detainees are being held on criminal charges 9 The Deportation Officers noted that the ICE
population, particularly those detained for non-criminal charges, had decreased recently due to
the implementation of the Intensive Supervision Detention Program, under which eligible
detainees are released into the community and monitored through tracking devices. This
program commenced approximately three weeks prior to our visit and was part of a one year
pilot program.
Officer b6, b7C indicated that at any given time the ICE population includes a variety of
nationalities including Lebanese, Ethiopian, Nicaraguan, British, Mexican, Asian, Cuban,
Vietnamese, Laotian, Indian, and nationals from countries formerly comprising the Soviet
Union.

on duty. The officers control the channels from the control center. The officers use television viewing as a
behavioral tool.
5
If a detainee is away during mealtime, a meal will be saved for him/her. According to the Facility
Personnel, meals are served as follows:
3:30 am: wake-up call
4:00 am: hot breakfast is served
9:30 am: a sack lunch is served
3:30 pm: hot dinner is served
The Facility Personnel were somewhat uncomfortable when discussing this schedule, but explained the
reasoning was because many inmates and detainees had to be at court hearings at 9:00 am and the Facility needed to
have them fed and clothed and ready to go on time. Note that the Facility Handbook states a schedule half an hour
earlier than the above schedule.
6

The Kern County Detentions webpage http://www.co.kern.ca.us/sheriff/detent.htm. Viewed on August 2,

7

Sergeant

2004.
b6, b7C

8

Deportation Officer
capacity of 224.
9

Deportation Officer

b6, b7C

ICE detainee population has a minimum capacity of 112 and a maximum

b6, b7C

3
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DRAFT 05-26-2006 502130-0017

Responsibility for ICE detainees is split between the Lerdo Facility and ICE, Bakersfield.
According to the ICE Officers, new policies require that ICE review detainees’ files within 90
days of detention. ICE Officials try not to hold detainees at the Facility past the 90-day review if
they can be released into the community. 10 Release depends on a myriad of factors including: the
likelihood of obtaining travel documents, criminal history, parole status, ability to integrate into
the community, whether the detainee has a place to live (e.g. family members in the area), and
whether the detainee has employment prospects.
B.

The Facility’s Detainee Handbook

The Standards contemplate that all facilities that hold ICE detainees, including IGSA
facilities, will develop a detainee handbook to provide to ICE detainees as part of the orientation
process. The Standards state:
Every OIC will develop a site-specific detainee handbook to serve as an overview of, and
guide to, the detention policies, rules, and procedures in effect at the facility. The
handbook will also describe the services, programs, and opportunities available though
various sources, including the facility, INS, private organizations, etc. Every detainee will
receive a copy of this handbook upon admission to the facility. 11
The Standards require that the detainee handbook conform to the format laid out in the
Standards, customized as necessary for each facility. 12 According to the Facility Personnel,
detainees are given a detainee handbook (the “Handbook” 13 ) when they arrive. In addition, a
video entitled “Know Your Rights,” which is tailored to ICE detainees, is played every morning
in each of the pods. 14 The delegation notes, however, that the Handbook is not tailored to ICE

10

Deportation Officer b6, b7C . Deportation Officer b6, b7C r indicated some detainees will never be
removed, for example, when ICE cannot determine the detainee’s nationality or when the detainee’s home country
will not grant return travel documentation. The longest detainee stay he could remember was a Chinese national
who was detained for seven years because he was “difficult” and acted aggressively toward the Chinese consulate,
who, in turn, refused to grant him travel documents.
Deportation Officer
returned to Mexico.

b6, b7C

mentioned that detainees from Mexico are often released within one day and

Deportation Officer b6, b7C mentioned that some detainees who do not obtain travel documents eventually
will be released into the community. Factors taken into consideration upon making this decision include: likelihood
of obtaining travel documents (the less likely a detainee is to obtain travel documents, the more likely he or she will
be released), the community itself, the detainee’s criminal history, and the requirements of the Department of
Corrections with regards to parole (if another agency will be monitoring the detainee, the greater the likelihood of
release).
11

Detention Operations Manual, Detainee Handbook, Section I, “Policy”, updated September 20, 2000.

12

Id. at Section III, “Standards and Procedures,” Part A.

13

See Exhibit A.

14
the detainee whom we interviewed, confirmed the “Know Your Rights” video was
b6, b7C
played every morning in his housing unit, but claimed he did not receive a Detainee Handbook upon his arrival at
the Lerdo Facility.

4
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DRAFT 05-26-2006 502130-0017

detainees and does not include most of the material required by the Standards. 15 Rather, it is the
handbook given to the general Facility population. Facility Personnel and ICE Officers cited
budget constraints and the fact that detainees are shown the “Know Your Rights” video each
morning as the reason no separate detainee handbooks are given to incoming detainees. The
Standards, however, state, “The facility’s orientation video may embellish or supplement the
information provided in the handbook, at the OIC’s discretion. However, the comprehensiveness
of the video has no bearing on the development, production, or distribution of the detainee
handbook.” 16
III.

Observations regarding Standards Pertaining to Legal Access

A.

Visitation

1.

Notification

The Standards provide that 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.” 17
The Lerdo Facility provides written visiting procedures in its Handbook, which states:
Visiting regulations will be posted in a place accessible to the inmates and to the public.
Anyone not following these regulations may lose their visitation privileges.
All visitors shall register at the reception counter, with valid identification.
Inmates are allowed (2) thirty minute visits per week. Visiting hours are:
• 12:00 Noon to 2:30 PM
• 6:00 PM to 8:30 PM 18
The visiting week will begin on Sunday and end on Saturday.
Inmates with the last name beginning with “A” through “F” will visit on Tuesdays and
Fridays.
Inmates with the last name beginning with “G” through “M” will visit on Wednesdays
and Saturdays.
Inmates with the last name beginning with “N” through “Z” will visit on Thursdays and
Sundays. 19
15 The handbook lists general inmate rights and responsibilities, but not those tailored to ICE detainees.
Nor is it as detailed as the form handbook in the Standards. For example, the current Handbook does not contain an
introduction explaining the ICE mission and purpose, classification, living conditions, evacuation drills, official
counts, smoking policy, finances, religious services, inspections of persons and property, in-dorm recreation
facilities information, contraband, unauthorized property, legal file, detention file, or a rights and responsibilities
section. Moreover, the Initial Admission information is included in Appendix A to the Handbook, however, this
information is on a separate sheet of paper and it is not clear that it is always handed out in conjunction with the
Handbook.
16

Detention Operations Manual, Detainee Handbook, Section III, “Standards and Procedures,” Part E.

17

Detention Operations Manual, Detainee Services: Visitation, Section III.B.

18

However, the handbook hours may be outdated. Sergeant b6, b7C stated that the visiting hours were from
10:00 AM to 12:30 PM and 6:00 PM to 8:30 PM.

5
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DRAFT 05-26-2006 502130-0017

Sergeant b6, b7C specified that visitation schedules are posted in the day rooms of each
housing unit, but only in English and Spanish. 20
The Standards further require each facility to make the schedule and procedures available
to the public, both in written form and telephonically. 21 We were able to obtain the visitation
schedule by calling the Lerdo Facility phone number. We also note that the visiting schedule,
including the specific visiting days, was available at the Kern County website. 22
2. Visitors’ Log
The Standards provide that the Facility must maintain a log of all general visitors, and a
separate log of legal visitors. 23
In the main lobby, the Lerdo Facility checks the ID of each person who visits the Facility
and secures information as to who the visitor is there to visit and the visitor’s relationship to the
person visited. It is unclear whether the lobby personnel logs this information, but visitors do not
complete paper logs of their visits. Once checked in, visitors then wait in the lobby until their
names are called.
3. Incoming Property and Money for Detainees
The Standards require the Facility to have written procedures regarding incoming
property and money for detainees. 24 Facility Personnel did not provide us with written
procedures and the Handbook does not address this topic. 25 However, Facility Personnel stated
that visitors may leave money for a detainee by depositing money orders at the lobby for the
detainee’s account. A receipt is given to both the depositor and detainee. Facility Personnel
stated that no personal property, other than money, may be given to a detainee or to an officer to
pass onto the detainee. Rather, any such items must be mailed into the Facility. All items
19

See Exhibit A.

20

Sergeant b6, b7C further stated that she believes persons speaking other languages find out visitation
information by speaking with others in the facility; however, we note that persons in administrative segregation or
disciplinary segregation would have little or no opportunity to intermingle with others.
Detainee Mr. b6, b7C stated in an interview that he was aware that a close friend of his had come to visit
twice and was turned away both times. Mr. b6, b7C was not aware of the days and hours in which he was allowed
visitors.
21

Detention Operations Manual, Detainee Services: Visitation, Section III.B.

22

The website schedule is consistent with the one in the Handbook, and is available at
http://www.co.kern.ca.us/sheriff/detent.htm. However, Detainee Mr. b6, b7C informed us that he was unaware of his
visiting schedule until others told him of it.
23

Detention Operations Manual, Detainee Services: Visitation, Section III.C.

24

Id. at Section III.D.

25

The Handbook does specify that “Commissary items such as food, stationary supplies and hygiene items
may be purchased weekly from money in your account. If you have no money, a personal care package will be
provided to you.” Handbook, at Commissary.

6
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DRAFT 05-26-2006 502130-0017

mailed in are inspected by Facility Personnel to determine whether a detainee may keep such
item in his or her cell. 26 If an item cannot be kept in the cell, Facility Personnel noted that such
items are kept in storage with their other personal items until the detainee leaves the Facility.
4. Visiting Room Conditions
The Standards provide:
The facility’s visiting area shall be appropriately furnished and arranged, and as
comfortable and pleasant as practicable. The visiting room officer shall ensure that all
visits are conducted in a quiet, orderly, and dignified manner. The OIC shall provide
adequate supervision of the visiting rooms.
The particular housing unit we visited at the Lerdo Facility has five “booths” in one room
for non-legal visitation. Facility Personnel informed us that each of the housing unit has the
same set up, and therefore each unit contained the same number and layout of visiting booths.
The booths are arranged in a line, separated only by a Plexiglas panel that protrudes out from the
dividing wall approximately eight to ten inches. The Plexiglas dividing wall extends to the
ceiling and separates visitors from detainees and inmates. Visitors and detainees communicate
using phone handsets.
B.

Visits by Family and Friends

As described above, the Lerdo Facility has established a visitation schedule. In addition
to requiring a visitation schedule, the Standards encourage, to the extent practicable, the Facility
to establish visiting hours for each detainee on both days of the weekend, and to try to
accommodate visitors who can only visit on a specific weekend day. 27 According to the
Handbook, the Lerdo Facility does not designate a weekend day to all visitors because visitors of
detainees with last names beginning with “A” through “F” are designated visits only on
Tuesdays and Fridays. 28
In addition, the Standards encourage, when possible, more generous time limits than the
thirty minute-minimum, especially for family members traveling significant distances to visit. 29
Facility Personnel stated that they make exceptions to the designated visiting days and extend the
maximum length of each visit to one hour for visitors who provide documentation to the Facility
that they have traveled a distance greater than one hundred miles for the visit. Facility Personnel
noted that the Facility Chaplain considers any other exceptions on a case-by-case basis. 30

26

For example, Sergeant b6, b7C informed us that detainees were not allowed to have photographs in their
cells. However, attorneys can provide legal paperwork during visits. See infra Section III.C.6.
27

Detention Operations Manual, Detainee Services: Visitation, Section III.H(1).

28

See Handbook, at Visiting.

29

Detention Operations Manual, Detainee Services: Visitation, Section III.H(1).

30

Two adults and two minors total are permitted per visit; however, Officer b6, b7C noted that there was at
least one situation when greater than the maximum number of persons were permitted in one visit.

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In the event a detainee is detained at the Lerdo Facility along with other members of
his/her family, there are no visitation rights among the family members detained. No attempt is
made to place families in the same housing unit as persons are placed wherever a bed is available
at the time of admission. 31 Facility Personnel stated that the only communication available
between or among such family members is by mail. 32
The Standards state that all visitors are subject to a personal search which may include a
pat-down search as well as a visual inspection. 33 Sergeant b6, b7C stated that Facility staff does
not conduct any type of search of any persons after either a legal or a non-legal visit unless an
officer believes he/she saw something suspicious.
The Lerdo Facility does not permit non-attorney or legal representative visitors to pass
any item to a detainee during a visit. Any items for the detainee must be mailed to the Facility,
and are subject to the restrictions on what detainees may possess at the Facility.
1. Visits for Administrative and Disciplinary Segregation Detainees
The Standards provide generally that a “detainee shall ordinarily retain visiting privileges
while in administrative or disciplinary segregation status.” 34
Facility Personnel stated that disciplinary actions at the Lerdo Facility may restrict nonlegal visitation, but do not restrict legal visitation. Detainees may be denied non-legal visitation
for a period of thirty days as a form of punishment. Legal visitation for detainees that are in
administrative segregation or disciplinary segregation are not restricted per se, but detainees in
segregation are only permitted one hour per day outside of their cells to perform any personal
activities such as showering, using the phone, and going to the law library. Sergeant b6, b7C noted
that Facility staff attempts to give a detainee in segregation his/her one hour outside of the cell
when his/her attorney visits. 35
C. Visits by Legal Representatives and Legal Assistants
1. Hours

31

Male and female detainees are automatically separated into different housing units.

32

The Handbook states: “In order for an inmate to write another inmate, they must submit a request slip
with the name and booking number of the person they want to write. All requests are processed for eligibility.
Codefendants are not allowed to write each other until they have been sentenced.” Handbook, at Inmate-to-Inmate
Mail.
33

Detention Operations Manual, Detainee Services: Visitation, Section III.H(3).

34

Detention Operations Manual, Detainee Services: Visitation, Section III.H(5).

35

Additionally, Sergeant b6, b7C stated that if an incident requiring a full facility lockdown occurred, then
attorneys would not be permitted to enter the facility at that time and their visit would be delayed.

8
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The Standards provide that the Facility must permit legal visitation seven days a week,
including holidays, for a minimum of eight hours per day on regular business days and a
minimum of four hours per day on weekends and holidays. 36
Facility Personnel stated that the Lerdo Facility permits legal visitation at any time seven
days a week 37 Facility Personnel further noted that there is no time limitation on attorney visits,
and the consultation may last as long as needed. The Handbook states:
Attorneys and their representatives shall have unlimited visitation. Every effort will be
made to allow Attorney visits at any time and in a timely manner. Denial of Attorney
visits will only occur when there are special circumstances that warrant the denial.
Attorneys shall register the date and time of the visit with the visiting clerk. Visiting
begins at 0530hrs. 38
The Standards further state that legal visitations may proceed through a scheduled meal period
on regular business days, and in such cases the detainee should receive a tray or sack meal after
the visit. 39 Facility Personnel stated that the Lerdo Facility follows this policy.
2. Identification of Legal Representation and Assistants
The Standards provide that all legal service providers and assistants must provide
identification, preferably state bar cards, prior to each visit. 40 Legal representatives and
assistants should not be asked to state the legal subject matter of their meeting.41
Facility Personnel stated that legal visitors present their state bar cards to gain entry to the
Lerdo Facility.
3. Identification of Detainee To Be Visited and Call-Ahead Inquiries
The Standards state that the “facility may not require legal service providers to submit a
detainee’s A-number as a condition of visiting” and it should “make a good-faith effort to locate
a detainee if provided with other information about the detainee.” 42 Further, “[e]ach facility
shall establish a written procedure to allow legal service providers and legal assistants to
telephone the facility in advance of a visit to determine whether a particular individual is

36

Id. at Section III.I(2).

37

Facility Personnel also noted that in the event of a facility-wide lockdown for security or other reasons,
no visits by anyone, including attorneys are permitted; such visits would be delayed until the lockdown is over.
Sergeant b6, b7C stated that no such facility-wide lockdowns have occurred for several years.
38

Handbook, at Access to Counsel.

39

Detention Operations Manual, Detainee Services: Visitation, Section III.I(2).

40

Detention Operations Manual, Detainee Services: Visitation, Section III.I(4).

41

Id.

42

Id. at Section III.I(5).

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DRAFT 05-26-2006 502130-0017

detained in that facility. The request must be made to the on-site ICE staff or, where there is no
resident staff, to the ICE office with jurisdiction over the facility.” 43
Facility Personnel stated that no pre-arrangement or call-ahead is needed for attorneys to
visit detainees at the Lerdo Facility. The Lerdo Facility’s policy for detainee identification for
attorneys deviates in that, per Facility Personnel, attorneys may call the Facility and speak to any
staff person to determine whether a specific detainee is located at the Lerdo Facility. Officer
b6, b7C
stated that attorneys may also call ICE directly to obtain a detainee’s location.
4. Pre-Representation Meetings
The Standards provide that during regular hours of legal visitation, the Facility shall
permit detainees to meet with prospective legal representatives or legal assistants. The Facility
shall document such “pre-representation meetings” in the logbook for legal visitation.
Facility Personnel noted pre-representation visits are permitted. However, Facility
Personnel stated that almost all of the detainees detained at Lerdo are passing through as they
already have “final orders” as to their immigration status.
5. Private Meeting Room and Interruption for Head Counts
The Standards provide that legal visitation should be confidential and not subject to
auditory supervision. 44 The Lerdo Facility provides two legal visitation rooms per housing unit.
Each room is fully enclosed except for a window in the door. According to Sergeant b6, b7C the
rooms used to have intercom devices that permitted auditory supervision, but those devices have
been deactivated. We did not observe any listening device in the room we used for a detainee
interview and it appeared private. 45 The legal visitation room door shuts fully and automatically
locks once shut.
6. Materials Provided to Detainees by Legal Representatives
The Standards require that the Facility’s procedures for legal visitation provide for the
exchange of documents between detainee and legal representative even when contact visitation
rooms are unavailable. 46 Further, the document(s) or other written material provided to a
detainee must be inspected, but not read. 47
In each housing unit at the Lerdo Facility, there are two legal visitation rooms. One of
the rooms is a contact room that has a 2’ x 1’ opening that the attorney can choose to open or

43

Id. at Section III.I(6).

44

Id. at Section III.I(9).

45

There is an intercom button on the attorney side of the room that we used to request the door to be
unlocked by depressing the button.
46

Detention Operations Manual, Detainee Services: Visitation, Section III.I(10).

47

Id.

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DRAFT 05-26-2006 502130-0017

shut and lock at his/her discretion. The other room does not provide contact, but has a slot to
permit the exchange of documents. Other than the openings described, the detainee and attorney
are separated by a heavy gauge metal mesh. Since there are only two legal visitation rooms per
housing unit, when there are more than two groups of legal visitors, Facility Personnel noted that
the practice is to have the other attorneys wait until one of the rooms is available before visiting
their clients.
Attorneys and legal representatives are permitted to give documents directly to the
detainee during visits; however, the officer in charge will perform a visual check of the
documents to make sure that prohibited documents such as photographs, or other prohibited
materials, are not being provided to detainees. Detainees are then permitted to keep those
documents.
7. Pro Bono List and Detainee Sign-Up
The Standards state, “INS shall provide the facility with the official list of pro bono legal
organizations, which is updated quarterly by the Executive Office for Immigration Review. The
facility shall promptly and prominently post the current list in detainee housing units and other
appropriate areas.” 48
Sergeant b6, b7C stated that ICE provides a listing of pro bono attorneys to the Facility,
which is posted at each unit. The unit we toured contained a listing of pro bono calls that can be
made by INS detainees. 49 This listing includes pro bono legal service providers in the area, as
well as the number for reaching the consulate office of various countries. 50
8. Other Special Visits
According to Sergeant b6, b7C , no independent medical service providers may come to the
Facility to provide medical services for a detainee. Instead, arrangements are made to send
detainees who want or need to use medical providers, other than those available at the Facility,
out to such other medical Facility along with a guard.

IV.

Telephone Access

A.

Detainee Access to Telephones, Detainee Notification

48

Id. at Section III.I(14).

49

See infra Section IV.B.

50

The list is provided in English. Detainee Mr. b6, b7C noted he was not aware of such listing being
available and, in his opinion, there is very little immigration information provided in the unit he has spent much of
his time in as there are only one or two detainees in that unit. We further noted that the list provided to us by
Facility Personnel did not include a consulate listing for Lebanon (Mr. b6, b7C tated home country).

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The Standards provide that the facility “shall provide detainees with reasonable and
equitable access to telephones during established facility waking hours.” 51 The facility shall not
limit the number or duration of calls to detainee legal representatives, unless necessary for
security purposes or for purposes of maintaining orderly access. 52 The facility may restrict the
number and duration of other types of telephone calls for the following reasons only: (a)
availability, (b) orderly operation of the facility, and (c) emergencies. 53 Furthermore, upon
admittance, the facility shall provide telephone access rules in writing to detainees and also “post
these rules where detainees may easily see them.” 54 In addition, there should be at least one
telephone for detainee use for every 25 detainees held. 55
The Lerdo Facility has implemented these provisions of the Standards. Detainees at the
Lerdo Facility have access to telephones during the hours when they have access to the common
meal areas where the telephones are located. The hours of access are generally 3:30 am to 11:00
pm. 56
The Lerdo Facility notifies detainees of the telephone access rules upon admittance in the
Handbook. The Handbook provides:
PHONE CALLS
No incoming calls are allowed. Outgoing collect calls may be made by following
instructions on the telephone. Phone calling cards may be purchased through the
commissary. Phone calls are recorded.
ACCESS TO TELEPHONE
Inmates not in disciplinary segregation will be allowed reasonable access to collect call
only telephones. This access is in addition to the telephone access required under Section
851.5 of the Penal Code. This inmate right may be suspended as a result of
discipline. Inmates may also be prevented from using the telephone during certain hours
of the day such as emergency incidents or when necessary to maintain security of the
facility. 57
Access rules are not posted next to the telephones, perhaps because the number and duration of
calls are not specifically limited.

51

Detention Operations Manual, Detainee Services: Telephone Access, Section III.A.

52

Id. at Section III.F. In case time limits are necessary, calls to legal representatives shall be no shorter
than 20 minutes. Id.
53

Id.

54

Id. at Section III.B.

55

Id. at Section III.C.

56

Detainees in Special Management Units do not have access during these hours. See infra Section IV.C.

57

Emphasis in the original. See discussion of detainee access to telephones while in Special Management
Unit, infra Section IV.C.

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Each housing unit has a maximum capacity of thirty-two and there are two telephones per
unit. Thus there are a sufficient number of telephones for the detainee population. Aside from
cost, there appears to be no other limitations on telephone access. In addition, Facility Personnel
informed us that maintenance problems are taken care of promptly because regular inmates and
detainees make these problems known to the staff as soon as they become evident. 58
B.

Direct Calls and Free Calls

The Standards require that even if telephone service is limited to collect calls, “the
facility shall permit the detainee to make direct calls” to various courts, consular officials, legal
service providers, government offices for the purpose of obtaining documents relevant to the
immigration case, and in a personal or family emergency. 59 Indigent detainees should be able to
make free local calls to the organizations listed above, and free long distance calls if there is
compelling need. 60 In addition, the facility shall enable detainees to call a list of ICE-provided
free legal service providers and consulates at no charge to the detainee or the receiving party. 61
The Lerdo Facility allows both collect and debit card calling. The instructions for
placing these calls are posted next to the telephones in English and Spanish. Debit cards are sold
every Tuesday and give detainees the ability to make direct calls. The collect call fee schedule is
posted (written in pencil) next to the telephones and is as follows:
Long Distance CA

$3.75/first minute
75 cents/minute
$9.75/10 minutes
$44.40/hour
Shuts off automatically after 1 hour. If the caller incurs $50 in one day, that number is
blocked until the charge is paid off. No cell telephone numbers can be reached via
collect calls.
The posting does not provide the fee for long distance calls outside of California.
The Lerdo Facility does not have a procedure in place for indigent detainees to make free
calls regarding their legal representation, whether local or long distance. Sergeant b6, b7C
informed us that this situation does not arise often, and in one case, she led the indigent detainee
to a telephone where he/she was able to make the free call. The Lerdo Facility should have
procedures in place for handling requests from indigent detainees. If such procedures were in
place, the detainees would probably utilize them at greater frequency.

58

“The facility shall maintain detainee telephones in proper working order” and facility staff shall “inspect
the telephones regularly.” Detention Operations Manual, Detainee Services: Telephone Access, Section III.D. At
the Lerdo Facility, the staff appears to rely solely on complaints from the regular inmates and detainees to assess the
working condition of the telephones.
59

Id. at Section III.E.

60

Id.

61

Id.

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In the housing unit we visited, an ICE-provided list of free legal service providers’ and
consulates’ direct dial numbers is posted next to the telephones. 62 The list is only in English, and
includes mostly consulates, a number of courts, and a few free legal service providers. The
directions to using the free direct dial numbers are also only in English. 63 The directions indicate
that the caller could choose to use a variety of languages such as Chinese and Vietnamese, but
the recorded operator only gave English and Spanish as options.
C.

Incoming Calls

The Standards provide that the facility “shall take and deliver telephone messages to
detainees as promptly as possible.” 64 Emergency telephone calls shall be delivered to detainees
“as soon as possible” and detainees shall be permitted to return the emergency call “as soon as
reasonably possible within the constraints of security and safety.” 65
The Lerdo Facility will deliver messages of attorney calls, 66 but not calls from families.
The guard will read attorney messages over the loud speaker in the housing unit. In emergency
situations, incoming calls will be referred to the Chaplain first, who will then speak with the
detainee.
D.

Privacy for Telephone Calls on Legal Matters

The Standards state that detainee telephone calls regarding legal matters should be made
from telephones where “detainees can make such calls without being overheard by officers, other
staff or other detainees.” 67 Furthermore, detainee calls regarding legal matters shall not be
electronically monitored absent a court order, and the facility “shall inform detainees to contact
an officer if they have difficulty making a confidential call relation to a legal proceeding.” 68
Detainees cannot make private calls at the Lerdo Facility. Telephones are placed in the
common meal area where other detainees or inmates can overhear the conversation. There are
no privacy panels. Aside from these phones, there are no other telephones available to detainees
for making calls. ICE Officers stated that they have not had a request for making a private

62

Detainee Mr. b6, b7Cn stated that this list does not exist in his pod, where he is one of very few detainees.
Since detainees are spread across all the units, the list should be available in every pod.
According to Facility Personnel, this list is handed to detainees when they are admitted into the facility.
Detainee Mr. b6, b7C reported that he never received the list.
63

We attempted to call an organization from the ICE-provided list of free legal service providers and
consulates, but we did not have an alien registration number, which was necessary to complete the call.
64

Detention Operations Manual, Detainee Services: Telephone Access, Section III.I.

65

Id.

66

One attorney we spoke to confirmed that he is able to leave a message with the Lerdo Facility to have his
clients call him back.
67

Detention Operations Manual, Detainee Services: Telephone Access, Section III.J.

68

Id.

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telephone call, but they could bring the detainee down to the ICE office in Bakersfield to make
such calls if necessary.
The Call Access Monitoring system records all calls in the Lerdo Facility, but the Lerdo
Facility does not generally monitor calls. Attorneys may ask to be put on a list where their
telephone numbers are blocked from recording. 69 Also, Facility Personnel informed us that
detainees can state their name in the beginning of a call and request that the call not be monitored
because it is a legal call. 70 It is not clear if attorneys or detainees are aware of the procedures for
requesting confidential/unrecorded calls. 71
F.

Monitoring of Detainee Telephone Calls

The Standards require that the Facility have a written policy on the monitoring of
telephone calls, and if the calls are monitored, “the facility shall notify the detainee in the
detainee handbook.” 72 In addition, the facility shall place a notice at each monitored telephone
stating that calls are subject to monitoring, and the procedure for getting an unmonitored call if
the call is for a legal purpose. 73
The Lerdo Facility’s Handbook notifies detainees that all calls are recorded. 74 Each
detainee is supposed to sign a separate “Notice of Telephone Monitoring Policy.” This notice is
in both English and Spanish:
It is the policy of the Kern County Sheriff’s Department to randomly monitor and/or
record for security reasons all of the inmate telephone lines within the jails. To insure
confidentiality, the telephone numbers of attorneys with offices in Kern County will be
blocked from monitoring/recording. In order to place a confidential call to an attorney
with an office in another county or to a licensed physician or to a religious advisor you
must submit an Inmate Request Form 48 hours in advance of the call.
I understand that if I choose to use the inmate telephone in any of the Kern County
Sheriff’s Department jail facilities, I am doing so with full knowledge that all numbers
dialed and conversations may be monitored and/or recorded without further notice. By
using the telephone, you agree to the monitoring and recording. 75

69

One attorney we spoke with stated that he is informed that the call is being recorded at the beginning of
each call, but does not know how to request to have the recording turned off.
70

This procedure is not mentioned in the separate “Notice of Telephone Monitoring Policy.” See infra
Section IV.G.
71

See infra Section IV.G.

72

Detention Operations Manual, Detainee Services: Telephone Access, Section III.K.

73

Id.

74

See supra Section IV.A.

75

A copy of the “Notice of Telephone Monitoring Policy” is enclosed herein as Exhibit B.

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While the Lerdo Facility is supposed to block calls with attorneys in the county, attorneys
from outside the county may not be aware of how to request confidential calls. It is unclear
whether detainees recall or understand how to place a request for confidential calls. A better
practice would be to place the procedure for requesting confidential calls next to the telephones
and also in the Handbook.

V.

Access to Legal Material

A.

Law Library

The Standards state that the Facility must permit detainees access to a law library, and
provide legal materials, facilities, equipment and document copying privileges, and the
opportunity to prepare legal documents. 76 The law library must be “in a designated room with
sufficient space to facilitate detainees’ legal research and writing.” 77 In addition, the library
must be well-lit, reasonably isolated from noisy areas, large enough to provide reasonable access
to all detainees who request its use, and must contain a sufficient number of tables and chairs. 78
The Lerdo Facility provides a designated room that is well-lit and reasonably isolated
from noisy areas. The library includes four tables with approximately three chairs each. It is
difficult to ascertain whether all detainees who request law library use are being provided with
reasonable access without more information from detainees than we were able to obtain.
However, it appears that the library may not provide adequate space and equipment to meet the
Standards because it contains only four tables, one typewriter, and two computers. At the time
of our visit, the Lerdo Facility held 113 ICE detainees and had a total population of 1,115.
B.

Equipment

The Standards state that the law library must provide “an adequate number of typewriters
and/or computers, writing implements, paper, and office supplies to enable detainees to prepare
documents for legal proceedings.” 79 The Lerdo Facility has one typewriter, two computers, and
the librarian provides office supplies to the detainees.
The Standards further require that the Facility designate an employee with the
responsibility of inspecting the equipment at least weekly, ensuring that it is in good working
order, and stocking sufficient supplies. 80 We found the typewriter and computers at the Lerdo
Facility to be in working order. When our delegation walked by the law library, we observed a

76

Detention Operations Manual, Detainee Services: Access to Legal Material, Section I.

77

Id. at Section III.A.

78

Id.

79

Id. at Section III.B.

80

Detention Operations Manual, Detainee Services: Access to Legal Material, Section III.B.

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detainee or inmate using the typewriter. A detention facility officer stated that the equipment is
inspected regularly. 81
C.

Holdings and Materials from Outside Persons or Organizations

The Standards require that the law library contain the materials listed in Attachment A of
the Access to Legal Materials chapter of the Detention Operations Manual. 82 The Standards
require the Facility to post a list of its holdings in the law library. 83
The Lerdo Facility has many of the materials required by the Standards, but our
delegation was unable to find the following publications: 84
1.
United States Code, Title 8, Aliens and Nationality (#2 on the list), the updated
annual pocket parts were missing;
2.
3.
the list);

Immigration and Naturalization Service Basic Law Manual (#14 on the list);
United States Code, Title 28, Rules, Appellate Procedure Pamphlets I+II (#19 on

4.

Legal Research in a Nutshell (#22);

5.

Legal Research & Writing: Some Starting Points (#23 on the list);

6.
Other Translation Dictionaries Depending on the Most Common Languages
Spoken by the Detainee Population (#27 on the list);
7.

Detainee Handbook and Detainee Orientation Materials (#28 on the list);

8.

Self-Help Materials (#29 on the list).

Some of the materials listed on Attachment A, or equivalent publications, were available
on the LexisNexis CD service on the two computers. For example, Diccionario Terminas
Juridicas, an equivalent of the Spanish-English Law Dictionary listed as number twenty-five on
Attachment A, was available in electronic format.
When asked whether outside persons and organizations may submit published or
unpublished legal materials for inclusion in the law library, Facility Personnel stated that this had
never occurred. Facility Personnel stated that if a detainee requests court forms or documents,
81

The officer stated, when asked how frequently equipment and legal materials were inspected, that they
are inspected daily.
82

A copy of Attachment A is attached as Exhibit C.

83

Detention Operations Manual, Detainee Services: Access to Legal Material, Section III.C.

84

The Lerdo Facility’s regular librarian was out with a broken leg at the time of our visit. The Facility
may in fact have some of the publications our delegation was unable to locate without her assistance.

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the librarian has been instructed to provide the detainee with the relevant court’s address and to
advise the detainee to write to the court for the desired information. We did not see a posted list
of the required materials or a general listing of the library’s holdings, and Sergeant b6, b7C stated
that she did not know whether there was a list posted. The library does not have the Florence
Project’s “Know Your Rights” packets. Officer b6, b7C stated that they do not distribute the
packets due to budgetary constraints; there are approximately thirty new people entering the
Facility each day. The library does not have materials in languages other than English and
Spanish.
D.

Updating Legal Materials and Replacing Materials

The Standards provide that the Facility must designate an employee with the
responsibility of updating legal materials, inspecting them weekly, maintaining them in good
condition, and replacing them promptly as needed. 85 Facility Personnel stated that the librarian
has this responsibility and checks materials daily. According to Officer b6, b7C the two
computers are updated with materials from CD-ROMs. Deportation officers load updated CDROMs onto the computers about every six weeks.
E.

Hours of Access

The Standards state that the “facility shall devise a flexible schedule to permit all
detainees, regardless of housing or classification, to use the law library on a regular basis.” 86
Further, the Standards provide that each detainee shall be permitted to use the law library for a
minimum of five hours per week and detainees should not be forced to forgo their minimal
recreation time to use the law library. 87
The law library at the Lerdo Facility is open from 8 am to 12 midnight. Requests to use
the law library must be made on a request slip. Facility Personnel stated that the librarian
devises the schedule according to the number of requests she receives and by taking into
consideration the intermingling of differently classified detainees and inmates. Facility
Personnel stated that detainees may use the law library up to twice per week for two hours per
visit. This amount of access does not meet the Standards’ prescribed amount of five hours.
Sergeant Holtz stated that detainees are not forced to forgo their minimal recreation time to use
the law library. She estimated that it takes a detainee an average of four days from the first
request to get access to the law library, but the length of time varies and could be more.
F.

Supervision

The Standards provide that the “facility shall develop procedures that effectively prevent
detainees from damaging, destroying or removing equipment, materials or supplies from the law

85

Id. at Section III.E.

86

Id. at Section III.G.

87

Id.

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library.” 88 In addition, the Standards encourage facilities to monitor detainees’ use of legal
materials to prevent vandalism. 89
The Lerdo Facility has a librarian on staff who monitors use of the law library. Although
the regular librarian was absent during our visit, a librarian in training was working at the
librarian’s desk and another member of the Facility staff was present in the law library as well.
The equipment and legal materials are in good condition.
G.

Requests for Additional Legal Material

The Standards provide that “[d]etainees who require additional legal material not
available in the facility law library shall make a written request to the employee responsible for
maintaining and updating library materials.” 90 Further, the facility shall inform the INS contact
person of the request as quickly as possible. 91
An ICE Officer stated that detainees cannot or do not generally request legal material not
held by the law library. However, the ICE Officer indicated that for detainees who ask for forms
to file with a court, the librarian will provide a court address to which the detainee may write
requesting sample forms.
H.

Photocopying Legal Documents

The Standards state that the “facility shall ensure the detainees can obtain photocopies of
legal material, when such copies are reasonable and necessary for a legal proceeding involving
the detainee.” 92 Additionally, the Standards provide that requests for photocopies of legal
material should only be denied if:
1.
the document(s) might pose a risk to the security and orderly operation of the
detention facility;
2.

there are other legitimate security reasons;

3.

copying would constitute a violation of any law or regulation; or

4.

the request is clearly abusive or excessive. 93

Further, facility staff shall inspect documents to ensure that they comply with these rules,
but they may not read a document that on its face is clearly related to a legal proceeding
involving the detainee. 94

88

Detention Operations Manual, Detainee Services: Access to Legal Material, Section III.H.

89

Id.

90

Id. at Section III.I.

91

Id.

92

Id. at Section III.J.

93

Id.

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The Lerdo Facility librarian makes the photocopies requested by detainees usually on the
spot or within a couple days of the request. The cost is ten cents per copy unless the detainee is
considered indigent, in which case the photocopies are free. A detainee is considered indigent
when he/she has three dollars or less in his/her account. Requests for photocopies are not limited
in number or denied unless the documents requested for photocopying do not relate to the
requesting detainee’s legal proceeding. The policy and cost is the same for detainees who wish
to print from the computers.
I.

Assistance from Other Detainees

The Standards provide that the “facility shall permit detainees to assist other detainees in
researching and preparing legal documents upon request, except when such assistance poses a
security risk.” 95
Facility Personnel stated that detainees at the Lerdo Facility are permitted to assist other
detainees in researching and preparing legal documents.
J.

Assistance to Illiterate and Non-English Speaking Detainees

The Standards require that “unrepresented illiterate or non-English speaking detainees
who wish to pursue a legal claim related to their immigration proceedings or detention and
indicate difficulty with the legal materials must be provided with more than access to a set of
English-language law books.” 96 Facilities must establish procedures to meet this obligation,
such as by obtaining assistance from detainees with appropriate language abilities, and by
assisting in contacting pro bono legal-assistance organizations from the ICE-provided list. 97 If
such methods do not work for a particular non-English speaking or illiterate detainee, then the
facility must contact ICE to determine appropriate action. 98
The Lerdo Facility law library contains books almost exclusively in English, with only a
small number in Spanish. Facility Personnel did not know of procedures to assist unrepresented
illiterate or non-English speaking detainees in pursuing legal claims related to their immigration
proceedings or detentions. We asked Officer b6, b7C and Officer b6, b7C what happens to
detainees who wish to use the computer in the law library but do not know how and they stated
that detainees could request assistance from ICE. However, when we asked if a detainee had
ever asked them for assistance, they stated that this had never occurred. 99

94

Id.

95

Id. at Section III.K.

96

Id. at Section III.L.

97

Id.

98

Id.

99

A copy of a LexisNexis DC Quick Reference Guide provided to us by Sergeant

b6, b7C

is attached as

Exhibit D.

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K.

Personal Legal Materials

The Standards provide the “facility shall permit detainees to retain all personal legal
material upon admittance to the general population or segregation, unless such material creates a
safety, security, and-or sanitation hazard.” 100 The facility may require detainees with a large
amount of legal material to store some of this material in a personal property storage area, with
access permitted within twenty-four hours of receipt of detainee request. 101
The Lerdo Facility permits a detainee to retain all personal legal material upon
admittance to the general population or segregation, unless such material exceeds one square foot
because Facility Personnel consider such an amount to be a fire hazard in the assigned cell space.
If a detainee has legal material greater in volume than one square foot, the Facility staff places
the excess in storage. A detainee may submit a request slip to access his or her materials in
storage. Facility Personnel stated that detainees have only rarely had more than one square foot
of personal legal material.
L.

Law Library Access for Detainees in Special Management Units

The Standards mandate that “[d]etainees housed in Administrative Segregation or
Disciplinary Segregation units shall have the same law library access as the general population,
unless compelling security concerns require limitations. . . . Denial of access to the law library
must be supported by compelling security concerns, must be for the shortest period required by
security, and must be fully documented in the special management housing logbook.” 102
Facility Personnel stated that detainees in Administrative Segregation have the same
access to the law library, but it is based on availability because they must go by themselves. 103
M.

Envelopes and Stamps for Legal Documents

The Standards provide that the “facility will provide indigent detainees with free
envelopes and stamps for mail related to a legal matter, including correspondence to a legal
representative, potential legal representative, or any court.” 104

100

Detention Operations Manual, Detainee Services: Access to Legal Material, Section III.K.

101

Id.
Id. at Section III.M.

102
103

Thus, based on the size of the law library in relation to the size of the facility population, we believe
detainee access could be significantly limited and less than access available to the general population, depending on
the number of detainees and inmates housed in administrative segregation or disciplinary segregation, and the
number who request use of the law library.
Detainee Mr. b6, b7C stated that he requested access to the law library twice and his requests were not
responded to with access. He was generally aware that there is a law library in the facility and that it has a
typewriter, but he believes he has no access to the computers. Additionally, he knows that there is a librarian at the
law library, but he is not aware that any translation assistance is available.
104

Detention Operations Manual, Detainee Services: Access to Legal Material, Section III.N.

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The Lerdo Facility provides indigent detainees with free stationary and postage for legal
mailings in response to requests made by request slip. Non-indigent detainees can purchase
stamps and envelopes from the commissary. The Handbook states: “All inmates are entitled to
send and receive legal mail. Legal mail is not read and is searched in the presence of the inmate.
If an inmate does not have money, they will be provided stationary and postage for any
legitimate legal mailings.” 105
N.

Notice to Detainees

The Standards require that the detainee handbook or equivalent explain the rules and
procedures governing access to legal materials, including (1) that a law library is available for
detainee use, (2) the scheduled hours of access to the law library, (3) the procedure for requesting
access and additional time, (4) the procedure for requesting legal reference materials not
maintained in the law library, and (6) the procedure for notifying a designated employee that
library material is missing or damaged. 106
The Handbook, however, only states: “All inmates will be afforded reasonable access to
the Law Library. Requests are to be given to the Housing Unit floor officers.” 107 The Handbook
does not provide detainees with notice regarding the procedure for requesting additional time,
legal reference materials not maintained in the law library, or for notifying a designated
employee that library materials are missing or damaged.

VI.

Group Presentations on Legal Rights

A.

Policy Regarding Presentations

The Standards state, “If attorneys or other legal representatives make no requests, or INS
does not approve the requests, the facility is not required to arrange presentations.” 108 Facility
Personnel stated that there have been no requests to make presentations and they have not had
any live presentations at the Lerdo Facility.
B.

Videotaped Presentations

The Standards state that the “facility shall play INS-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. The facility shall
provide at least one opportunity to view the videotape to detainees in administrative or

105

Handbook, at Inmate Services: Legal Mail.

106

Detention Operations Manual, Detainee Services: Access to Legal Materials, Section III.Q.

107

Handbook, at Inmate Services: Law Library.

108

Detention Operations Manual, Detainee Services: Group Presentation of Legal Rights, Section III.B.

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disciplinary segregation, unless precluded by security concerns regarding a particular
detainee.” 109
Facility Personnel stated that the officer in the control room of each pod operates the
“Know Your Rights” video which is played daily in each housing unit after breakfast. 110
Detainees and inmates cannot turn it off. 111

VII.

Additional General Observations

A.

Recreation

The Standards state, “All facilities shall provide INS detainees with access to recreational
programs and activities, under conditions of security and supervision that protect their safety and
welfare.” 112 Each pod in the Lerdo Facility has one outdoor space which consists of a basketball
court surrounded by high walls and fenced “roof.” One cannot see outside the Facility from this
outdoor area. Facility Personnel indicated that weight training is not available for recreation.
The Standards go on to require that each detainee shall have access for at least one hour
daily, at a reasonable time of day, five days a week, weather permitting. 113 For non-segregated
detainees, according to Facility Personnel, outdoor recreation is allowed for one hour per day,
[seven] days per week. The Handbook, however, states that inmates will be allowed a minimum
of only three hours of outdoor recreation a week. Facility Personnel noted that many inmates
turn down recreation time because of the weather.
The Standards also state, “Dayrooms in general-population housing units will offer board
games, television, and other sedentary activities.”114 Each Housing unit of 32 inmates shares a
cement indoor recreation room which contains a television, two telephones, and a general seating
area. The indoor recreation rooms are open to detainees from 3:00 a.m. to 11:00 p.m. Facility
Personnel stated that board games are available to detainees on a daily basis, but these were not
seen by our delegation. Facility Personnel indicated that the television schedule is used as a
behavioral tool. 115

109
110

Id. at Section III.I.
See supra Section II.B.

111

Mr. b6, b7C stated that he had not heard of or seen the “Know Your Rights” video. He has been held in
administrative segregation for the majority of his detention at the Lerdo Facility.
112

Detention Operations Manual, Recreation, Section I.

113

Id. at Section III.A.1.

114

Id. at Part G: Program Content, No. 3.

115

The Standards allow the OIC to restrict such recreational activities at their discretion. Id. at Nos. 6 and

10.

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Administrative segregation detainees are allowed one hour per day in the recreation room
in their housing unit, and one hour per day in the recreation yard. 116 Time for recreation can be
difficult to coordinate as in both cases the detainee must be isolated from all other inmates—no
other detainees or inmates are allowed in the recreation room or in the recreation yard when a
detainee under administrative segregation is present.
B.

Classes

The Lerdo Facility offers various classes between noon and 3:00 p.m. in English only.
The Handbook describes the alcohol and substance abuse and parenting classes offered at the
Facility. Detainees may fill out a request slip and hand it to the officer in charge to attend the
following classes: 117
•

Substance abuse classes are offered one time per week.

•

Parenting classes are offered separately to men and women.

•

English as a Second Language (“ESL”) classes are not currently offered.

According to Facility Personnel, detainees under administrative segregation are not
allowed to attend classes because they must be segregated from other inmates at all times.
C.

Access to Medical Care

During the week one physician and six nurses are on duty during the day and four nurses
are on duty for the night shift. On average, the Medical Facility sees thirty to fifty patients per
day. Ideal staffing on the weekend includes five nurses but no physicians. Emergencies are
always taken to the local community hospital. 118 No independent medical providers may enter
the Lerdo Facility to provide medical services, however, arrangements may be made to send
detainees, accompanied by a guard, offsite if they want to see an independent medical provider.
Federal inmates, including ICE detainees, are not attended by the same physicians who provide
medical care to the Facility’s county inmates.
The Lerdo Facility includes an on-site pharmacy. According to Medical Personnel there
are no co-pays for medication. Medication rounds are made in the housing units four times per
day: two regular rounds and two special rounds for those patients on more frequent dosing
schedules. 119 Detainees are not allowed to keep their medication in their cells, with the
exception of inhalers to treat asthma.
116

Mr. b6, b7C , who is in administrative segregation, stated he had never been outside in the 17 to 18
months he had been detained, but was allowed out of his cell and in the indoor recreation room for one hour per day.
He indicated the day room had a TV only.
117

Mr.

b6, b7C

was not aware of any classes being offered.

118

ICE has contracts with the Sheriff’s Department as well as the Kern County Medical Center to provide
medical services to detainees.
119

Special rounds occur once in the middle of the night and once in the middle of the afternoon.

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All detainees are screened upon intake and any medical issues requiring immediate care
are referred to a physician. Sick Call Slips are handed out each night. 120 A nurse will triage the
requests. Detainees are usually able to see a physician the same day or the next day. Conditions
requiring urgent care may be seen immediately.
Detainees do not have co-pays for medical services nor do they have limitations on the
number of times they can be seen.
D.

Access to Mental Health Care 121

The Lerdo Facility provides mental health services on-site via a contracted county
agency. 122 Detainees may be seen at the Lerdo Facility mental health services offices, or may go
to the Kern County Medical Center.
According to the ICE Officers, ICE detainees arrive at the Lerdo Facility accompanied by
their past medical histories because ICE will not accept custody of a detainee from another
Facility without obtaining his or her medical history. 123
Detainees are referred to mental health services in one of three ways. They may be
referred by the facility where they were previously detained; they may self-refer, or they may be
referred by Facility staff or corrections officers. Mr. b6 said that many referrals come from
officers on duty who notify the mental health clinic if they think a detainee “is not doing well.”
Mr. b6 noted that mental health care services have improved on account of the
Facility’s recently installed “Language Line,” which allows a detainee and a Facility employee to
conference call a translator. 124 According to Facility Personnel, the “Language Line” phones
have been placed throughout the Lerdo Facility and are available for any Lerdo Facility
employee to use in case of a crisis.
E.

Religious Resources 125

The Standards on Religious Practices state that:

120

A sick call slip is attached as Exhibit E.

121

All information in the Mental Health Care section was obtained from a discussion with Ray Rios, the
counselor on-site during our facility tour.
122

The county agency is contracted through a “Memorandum of Understanding.”

123

Deportation Officer b6, b7C . Mr. b6 , on the other hand, mentioned that many inmates come to the
facility without past medical history and therefore the mental health staff has to “reinvent the wheel” when it comes
to treatment.
124

The Language Line has been made available through an Inmate Services contract. For more information
visit www.languageline.com.
125

All information contained in this section is based on an interview with the chaplain on duty during our

tour.

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Detainees of different religious beliefs will be provided reasonable and equitable
opportunities to participate in the practices of their respective faiths. 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. 126
The Chaplain’s Office at the Lerdo Facility has two full time chaplains, and a chaplain is
on-site seven days a week. When on duty, a chaplain carries a two-way radio and may be
contacted at any time. At least one chaplain is on call 24-hours per day. The Chaplain’s Office
offers spiritual reading materials and will respond to detainee’s requests for materials on specific
religions. 127 All reading materials are donated from community religious organizations.
The Chaplain’s Office at the Lerdo Facility offers thirteen services per week in the same
classroom where classes are held. 128 While the theme is non-denominational and interdenominational, the services are Christian-based.
Detainees may request to see a chaplain through a request slip, which may be obtained
from the officer on duty. The officer puts the slip in the Chaplains’ mailbox at the Lerdo Facility.
The Chaplain will respond as soon as possible to the request.
The Lerdo Facility allows visits and services by community clergy members from
different denominations. 129 The Chaplain will contact community religious groups when interest
in specific spiritual guidance is requested. 130 The community groups then evaluate the interest
and their own resources and determine whether or not to come to the Lerdo Facility. In addition,
the clergy member must meet the Department of Detentions criteria before an on-site visit may
take place. 131
Detainees are allowed to keep religious reading material in their cells as long as it does
not violate the general reading materials policy. 132 Detainees are not allowed to keep prayer rugs
126

Detention Operations Manual, Religious Practices, Section I.

127

For example, the chaplain on duty during our tour indicated an increased interest among the inmate
population for material on Islam. He had Korans available for inmates a
inees and was in the process of
contacting a local imam to make regular visits to the Lerdo Facility. Mr. b6, b7C , however, stated he had made a
request for an Armenian Bible and received no response from the Chaplain’s office.
128

Mr.

b6, b7C

was not aware of any religious support or services being offered at the Facility.

129

Mr.

b6, b7C

was not aware of community clergy offering services at the Facility.

130

Detainees may request religious services through the white slips which may be obtained from officers on

duty.
131

The Chaplain noted that few such visits have taken place in the past few years because of the lack of
participation by inmates.
132

The general reading materials policy includes all reading materials (e.g. legal reading materials,
religious reading materials, magazines, letters, etc.). Detainees are allowed paper up to one-foot-square in their cells.
Sergeant b6, b7C noted the need to reduce the risk of a fire hazards as the reasoning behind this policy.

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in their cells or wear religious head gear. Facility Personnel cited Facility security as the basis
for the latter rule. The Standards require that detainees have access to personal religious
property such as prayer rugs and head gear, consistent with facility security. 133
Handling of requests for special diets also falls under the Chaplain’s purview. According
to the Standards
The INS requires all facilities to provide detainees requesting a religious diet reasonable
and equitable opportunity to observe their religious dietary practice within the constraints
of budget limitations and the security and orderly running of the facility through a
common fare menu. The detainee will provide a written statement articulating the
religious motivation for participation in the common fare program. Detainees whose
religious beliefs require adherence to particular dietary laws will be referred to the
Chaplain. 134
The Lerdo Facility meets this standard. At the Facility detainees may request special
diets for religious reasons by submitting a request slip to the Chaplain’s office. 135 The Chaplain
will then meet with the detainee to determine if the request is valid on religious grounds and the
detainee is entitled to the religious diet. 136 The Chaplain will also check with medical staff to
make sure the requested religious diet meets nutritional standards. Once a request is approved,
the information is faxed or called in to the kitchen. The kitchen maintains a log confirming that
the detainee received the special meal.
F.

Classification

The Standards provide that IGSA facilities may continue using the classification systems
they have established so long as the classification criteria are objective and all procedures meet
ICE requirements. 137
The Standards state that a classification system ensures that “[a]ll detainees are classified
upon arrival, before being admitted into the general population,” and further that “[d]etainees
shall be assigned housing, offered recreational activities, assigned work (at the detainee’s
request), and provided food service according to their classification levels.” 138 The Standards
specify that in SPCs and CDFs, staff will assign detainees to color-coded uniforms and

133

Detention Operations Manual, Religious Practices, Section III.K.

134

Detention Operations Manual, Food Service, Section III.E.1.

135

Special diet requests based on medical reasons are handled before religious-based requests.

136

Detainees may not request diet changes simply because they do not like the food. All of the meals at the
Lerdo Facility are pork-free, and vegetarian diets are provided for Hindus and Buddhists. Muslim meals were
referred to as “common fare” (all red meat is removed).
137

Detention Operations Manual, Detainee Classification System, Section III.A.

138

Id.

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wristbands, of which there are three different colors corresponding to varying levels of threat the
individual is deemed to pose. 139
In addition, the Standards require that the detainee handbook includes an “explanation of
the classification levels, with the conditions and restrictions applicable to each” and the
“procedures by which a detainee may appeal his/her classification.” 140
The Lerdo Facility puts all detainees through a classification process upon arrival.
According to Facility Personnel, a classification officer interviews each inmate at the time of
booking and determines the individual’s prior history, whether he/she is gang affiliated or has
prior criminal convictions, and so on. ICE detainees go through the same classification process
and are segregated according to whether they have criminal status. According to Facility
Personnel, a determination of criminal status requires something other than, or in addition to, an
immigration violation. For example, a detainee who had illegal entry charges but no specific
criminal charges or criminal background would be classified as non-criminal. Most ICE
detainees at the Lerdo Facility are deemed criminal. On the day of our visit, all 100 male and 13
female detainees had been assigned criminal status.
The Facility uses different colored wristbands to classify inmates and detainees. Facility
Personnel explained the color classification as follows: white wristbands signify general
population, orange wristbands signify staff-assaultive behavior, yellow wristbands signify a high
profile inmate, blue wristbands signify protective custody, red wristbands signify a high security
risk, and gray wristbands signify civil inmates.
The Handbook does not explain the classification system, nor does it explain the
procedures by which a detainee may appeal his/her classification.
The Facility has recently started a one-year pilot program whereby eligible inmates and
detainees are released from custody and monitored with an electronic tracking device. The ICE
Officers explained that detainees classified as non-criminal are generally released through this
program.

G.

Voluntary Work Programs

The Standards provide that “[e]very facility with a work program will provide detainees
the opportunity to work and earn money,” 141 and “[d]etainees who are physically and mentally
able to work will be provided the opportunity to participate in any voluntary work program.” 142

139

Id.

140

Id. at Section III.I.

141

Id. at Voluntary Work Program, Section I.

142

Id. at Section III.A.

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Facility Personnel stated that detainees, except those in administrative and disciplinary
segregation, are permitted to participate in voluntary work programs at the Lerdo Facility. 143
Specifically, four inmates or detainees per squad are permitted to assist with distributing meals.
The process for volunteering is an informal process of speaking with the officer on duty.
Detainees are not paid for their work.
H.

Grievance and Disciplinary Procedures

The Standards require that facilities holding ICE detainees have a detainee disciplinary
system with “progressive levels of reviews, appeals, procedures, and documentation procedures”
which “shall clearly define detainee rights and responsibilities.” 144 The detainee handbook, or
equivalent, must provide notice of the facility’s rules of conduct and of the sanctions imposed for
violations of the rules. 145 In addition, the detainee handbook must advise detainees of their
rights, including:
a.

the right to protection from personal abuse, corporal punishment, unnecessary or
excessive use of force, personal injury, disease, property damage, and harassment;

b.

the right of freedom from discrimination based on race, religion, national origin,
sex, handicap, or political beliefs;

c.

the right to pursue a grievance in accordance with written procedures;

d.

the right to correspond with persons or organizations, consistent with safety,
security, and the orderly operation of the facility; and

e.

the right to due process, including the prompt resolution of a disciplinary matter
(in accordance with the rules, procedures, and sanctions provided in the
handbook).

Facility Personnel stated that the disciplinary policy can be found in the orientation video
played daily in housing units, in the Handbook, and posted in housing units. The Lerdo
Facility’s Handbook includes a section entitled “Inmate Discipline” that lists forms of discipline,
a note on limitations on discipline, categories of rule violations and resultant penalties,
disciplinary hearings, discipline appeal process, inmate grievance process, and loss of

143

Facility Personnel explained that persons in administrative and disciplinary segregation are not
permitted to participate in voluntary work because of the facility’s policy to keep such persons segregated from
other inmates and detainees at all times. The Handbook states: “Facility jobs like laundry, kitchen, utility crew, etc.
are available at the Pre-Trial Facility. These jobs are available to eligible inmates and help inmates serve their time
more productively. A request slip should be submitted to your housing officer who will route it to the IL
Coordinator.” Handbook at County Inmate Programs: Inmate Laborers.
144

Detention Operations Manual, Disciplinary Policy, Section III.A(1).

145

Id. at Section III.A.(5).

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privileges. 146 Thus, disciplinary procedures and rules imposed on the detainees are the same as
for criminal inmates. The Handbook states:
Disciplinary action will take one or a combination of the following forms, depending
upon the severity of the misconduct and the inmate’s past violations:
•
•
•
•
•
•

Oral reprimand
Loss of privileges
Transfer to a higher level of security
Loss of “good time” or “work time” credit
Disciplinary isolation
Disciplinary Diet 147

Next, the Handbook lists categories of violations, including “Minor Rule Violation,” “Serious
Rule Violation,” and “Major Rule Violation, ” with examples of behavior that would be
categorized as each, and a list of the resultant penalties for each category of violation.148
Notably, the Handbook addresses inmates rather than detainees as it is entitled the “Inmate
Orientation Handbook,” and refers to “inmates” rather than “detainees.” 149 The Handbook does
not advise detainees of their rights, as required by the Standards. 150
The Standards require every facility to develop and implement standard operating
procedures for addressing detainee grievances in a timely fashion. 151 Further, the “OIC must
allow the detainee to submit a formal, written grievance to the facility’s grievance committee” 152
and “[i]f the detainee does not accept the grievance committee’s decision, he/she may appeal it to
the OIC.” 153 The detainee handbook, or equivalent, must provide notice of: (1) the opportunity
to file a grievance, both informal and formal; (2) the procedures for filing a grievance and
appeal, including notice that assistance is available for preparing a grievance; (3) the procedures
for resolving a grievance or appeal, including notice of the right to have a grievance referred to a
higher level of review; (4) the procedures for contacting ICE to appeal the decision of the OIC at
the facility; (5) the policy prohibiting staff from harassing, disciplining, punishing or otherwise
retaliating against any detainee for filing a grievance; and (6) the opportunity to file a complaint
about an officer directly with the Department of Justice (DOJ). 154 Each facility must also
implement procedures for identifying and handling emergency grievances. 155
146

Handbook at Inmate Discipline.

147

Id. at Inmate Discipline: Forms of Discipline.

148

Id. at Inmate Discipline: Rules and Disciplinary Penalties.

149

Handbook.

150

Id.

151

Detention Operations Manual, Detainee Grievance Procedures, Section I.

152

Id. at Section III.A(2).

153

Id. at Section III.C.

154

Id. at Section III.G.

155

Id. at Section III.B.

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The Handbook provides the following information about the “Inmate Grievance Process”
at the Lerdo Facility:
Inmates are entitled to file a written grievance about any issue of their incarceration, that
they do not agree with or feel is a violation of the Sheriff’s Department policies.
Grievances Regarding [sic] issues not related to their confinement will not be accepted.
Group grievances will not be accepted. Grievances will be forwarded to the proper
personnel to investigate the matter and give the inmate a written answer in a timely
manner. 156

I.

Immigration Court

The Lerdo Facility does not have an Immigration Court on the premises. The Facility
sends detainees to the court location with the first available space and as the individual and
his/her whole case is sent, the individual does not return to the Facility. Officer b6, b7C stated
that all detainees at the Lerdo Facility have a final order and are waiting on an appeal or for
travel documents. He further stated that detainees are generally sent to Arizona or San Francisco
if they need to pursue legal proceedings. Detainees are transported by bus, or more commonly,
by airplane. As a general rule all detainees except women and minors, unless they have cause,
are shackled or handcuffed while in transit.
There are no pro bono legal services in the area according to Officer b6, b7C who
suggested this was likely because the detainees do not usually stay at Lerdo Facility very long
and there is not an Immigration Court in the area. Facility Personnel stated that detainees have
access to a list of pro bono legal service providers mostly in San Francisco and Fresno. 157
Officer b6, b7C stated that habeas cases are handled by the federal public defenders in Fresno.
According to our phone calls to the Sacramento and Fresno federal public defenders’ offices, the
Sacramento office is the only office that ever handled Lerdo detainee habeas cases, and the
Sacramento program has been discontinued.
J.

ICE Presence

The Standards require procedures for formal and informal contact between key Facility
staff and ICE staff and ICE detainees and further require that detainees be permitted to make
written requests to ICE staff and receive a timely answer. 158 The Standards state that
“procedures shall be in place to ensure and document that the ICE Officer in Charge (OIC), the
Assistant Officer in Charge (AOIC) and designated department heads conduct regular

156

Handbook at Inmate Discipline: Inmate Grievance Process.

157

Detainee Mr. b6, b7C stated in an interview that he was not aware of pro bono legal services available to
him. He reported that there were no lists of immigration information in the “C” unit where he had stayed. In his
opinion, this was because there were only a couple of detainees in his unit.
158

Detention Operations Manual, Staff-Detainee Communication, Section I.

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unannounced (not scheduled) visits to the facility’s living and activity areas. . . .” 159 The
Standards also require scheduled weekly visits by facility or district deportation staff in the
jurisdiction where the facility is located. 160 In addition, the facility must provide each detainee
with a detainee handbook or equivalent that states “that the detainee has the opportunity to
submit written questions, requests, or concerns to ICE staff and the procedures for doing so,
including the availability of assistance in preparing the request.” 161
The Lerdo Facility does not have an on-site ICE presence. Officer b6, b7C stated that an
ICE representative visits the Facility about three times per day and ICE makes unannounced
visits once per week. He stated that the amount of visitation has increased over the past couple
of years. A visit involves an ICE representative walking through the housing pods and asking
people if they have questions. Officer b6, b7C also stated that he was aware that requests to
speak with an ICE representative must be responded to within seventy-two hours. The request
form is available in English and Spanish only. Officer b6, b7C stated that if a request form is
filled out in a language other than English, they give it to someone to translate for them.

159

Id. at Section III.A(1).

160

Id. at Section III.A(2).

161

Id. at Section III.B(3).

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Detention Standards Implementation Initiative

ABA Commission on Immigration

Facility Name: Lerdo Detention Center Facility
Date of Tour: July 22, 2004
Tour participants:

ICE Standard
Telephone Access
 III.K “If telephone calls are
monitored…[the facility] shall
place a notice at each monitored
telephone stating that calls are
subject to monitoring and
[stating] the procedure for
obtaining an unmonitored call”
Legal Materials
 III.Q “These policies and
procedures shall be posted in the
law library along with a list of the
law library’s holdings.” And III.
C “The facility shall post a list of
its holding in the law library”
 III.C “The law library shall
contain the materials listed in
attachment A”

(Latham & Watkins)

(b)(6)

Tour Observation
 The delegation observed that all
calls, including legal calls, are
recorded by the facility (p15,
line 4) Neither detainees nor
attorneys are aware of how to
request unmonitored calls


The delegation did not observe
any posted list of holdings in the
law library (p18, line 2)



The library does not include the
Florence Project’s “You’re your
Rights” packets (p18, line 4)

Source
 Facility Personnel stated
that detainees can request
that a legal call not be
monitored and that
attorneys may ask to be put
on a list where their
telephone numbers are
blocked from recording.
 Delegation observations
and conversation with
Sergeant(b)(6), (b)(7)c



According to sta
made by Officer (b)(6), (b)(7)c
who stated that budgetary
constraints were the cause

ICE Response
Not noted in
2004 review.

The 2004
report
indicates that
all materials
are not
present in the
Law Library.