INS Detention Standards Compliance Audit - Santa Ana Detention Facility, Santa Ana, CA, 2005

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

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650 Town Center Drive, 20th Floor
Costa Mesa, California 92626-1925
Tel: (714) 540-1235 Fax: (714) 755-8290
www.lw.com
FIRM / AFFILIATE OFFICES

MEMORANDUM

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Washington, D.C.

August 4, 2005

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

John P. Torres, Acting Director, Office of Detention and Removal
Immigration and Customs Enforcement
American Bar Association (“ABA”) Delegation to Santa Ana Detention Facility 1
502130-0022
b6
ABA Commission on Immigration
Report on Tour of the Santa Ana Detention Facility, Santa Ana, California

This Report summarizes and evaluates information gathered at the Santa Ana Detention
Facility (“SADF,” “Santa Ana,” or “the Facility”) in Santa Ana, California during the
delegation’s June 30, 2005 observational visit to the Facility. During the visit, the delegation
interviewed four detainees, and conducted discussions with personnel from the Facility.
I.

ICE DETENTION STANDARDS

In November 2000, the Immigration and Naturalization Service (“INS”) promulgated the
“INS Detention Standards” (“the Standards”) 2 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 inter-governmental service
agreement (“IGSA”). The Standards went into effect at ICE-operated detention facilities on
January 1, 2001. ICE intended to phase in the Standards at all of its contract and IGSA facilities
by December 31, 2002.

b6
The Santa Ana Detention Facility Delegation Members were
a Partner at Latham & Watkins
LLP,
an Associate at Latham and Watkins LLP and three Summer Associates at Latham and
b6
b6
b6
Watkins LLP,
and
b6

Effective March 1, 2003, the INS ceased to exist as an agency of the Department of Justice. The INS’ immigration
enforcement functions previously were transferred to Immigration and Customs Enforcement (“ICE”), a division of
the newly-created Department of Homeland Security (“DHS”). Therefore, the INS Detention Standards will be
referred to as the ICE Detention Standards or ICE Standards throughout this report.

OC\766022.2

II.

INTRODUCTION
A.

The Delegation’s June 30, 2005 Visit

On Thursday, June 30, 2005, members of our delegation met with several members of the
Santa Ana Detention Facility staff in Santa Ana, California. The staff provided an overview of
the Facility and the general procedures concerning immigrant detainees. Detention Supervisor
b6, b7C
was our main contact person for the visit. Ms. b6, b7C
led our tour and
answered the majority of our questions before, during, and after the tour. During our tour we
b6
b6, b7C
also met with Detention Manager
and Health Services Supervisor
Our
guides were very knowledgeable about the Facility and were also very helpful in answering our
questions. The delegation greatly appreciates the cooperation of these helpful individuals.
B.

The Delegation’s Final Report

The following Final Report is based on the delegation’s discussions with the identified
Santa Ana Detention Facility employees during the tour, observations during the tour, and
interviews with four immigration detainees at the conclusion of the visit. In many instances, the
detainees’ comments were compatible with statements made by Facility personnel and/or our
observations. In such cases, the delegation was able to more accurately determine whether Santa
Ana Detention Facility policy and procedures successfully implemented the Standards.
However, in certain instances, the detainees’ comments conflicted with statements made by
Facility personnel. Where we were unable to verify the conflicting reports, the delegation was
unable to conclusively determine whether the Standards have been implemented.
C.

General Information About the Santa Ana Detention Facility

The Santa Ana Detention Facility holds immigrant detainees under contract with U.S.
Immigration and Customs Enforcement (ICE). The Facility is owned and operated by the City of
Santa Ana. The Facility houses immigration detainees as well as Pay-to-Stay inmates and
inmates from the U.S. Marshal, the State Parole, Juvenile Probation, Drug Court, and the
California Youth Authority. The Santa Ana Detention Facility also provides courtesy holds for
various agencies. According to the Santa Ana Detention Facility personnel, the Facility has
capacity for around 482 individuals, plus another 25 in the transfer room. 3 There are currently
55 long-term detainees.
The Santa Ana Detention Facility houses both criminal and non-criminal inmates.
Modules that contain both criminal and non-criminal inmates have a lockdown structure that
prevents interaction between the two groups.

Conversation with Ms.

b6, b7C

2
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Facility personnel said that the Facility housed immigration detainees from many
different countries, with the majority from Mexico, but others from Russia, Armenia, Iraq,
Guatemala, El Salvador, China, and the former Yugoslavia. 4
III.

IMPLEMENTATION OF LEGAL ACCESS PROVISIONS OF ICE DETENTION
STANDARDS
A.

Legal Access/Visitation 5
1.

Visitation by Attorneys

Applicable Standards. The Standards suggest that facilities permit legal visits
seven days a week for at least eight hours a day during the week and four hours a day on
weekends and holidays. 6 Visits that extend through a scheduled meal should not be interrupted
and a meal should be provided for the detainee following the visit.7 The rules and hours for
these visits should be properly communicated to detainees. 8 Legal visits from legal assistants
should be allowed with the proper authorization. 9 Interpreters should be allowed to accompany
legal representatives. 10 The Standards require that attorneys and legal assistants present some
form of legal identification. 11 Bar membership cards are preferable, but if unavailable, some
other form of legal identification should be allowed. 12 Legal representatives should be able to
call a facility to confirm that a detainee remains housed at that facility. 13 Private rooms should
be available for meetings between legal representatives and detainees.14
The Facility appears substantially to have implemented this portion of the
Standards. Attorneys may visit at any time, twenty-four hours a day, seven days a week. 15
According to Ms. Rubalcaba, detainees’ attorneys generally do not schedule their visits ahead of
time. 16 Usually, attorneys come to the Facility during working hours. 17 After the attorney

Id.

All general information in this Section was provided during conversations with Ms.

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

Id.

Id. at III.I.3.b.

Id. at III.I.2.c.

Id. at III.I.4.

Id.

Id. at III.I.6.

Id. at III.I.9.

Observation of delegation member

Id.

from conversation with Ms.

3
OC\766022.2

b6, b7C

presents his/her bar card to the Facility, the Facility checks that he/she is the attorney of record. 18
Then, the attorney can meet with his/her client on a first-come, first-served basis. 19 Interpreters
who have been cleared by the Facility may accompany the attorney. 20 Law students with a
supervisory attorney also are welcome. However, an “attorney’s investigator” 21 may only visit a
detainee if he/she has a court order. 22 Similarly, independent medical service providers or
medical experts are allowed into the Facility to see a detainee only with a court order. 23
Attorney-client meetings have no set time limit. 24 Ms. b6, b7C
reported that if a detainee
misses a meal due to a meeting with his/her attorney, the detainee will be fed later. 25
Any attorney can have either a contact or a non-contact visit. If a detainee has a
non-contact visit with his/her attorney, the detainee meets with the attorney in the module’s noncontact visiting booths. 26 The visiting booths do not allow for complete privacy, although the
Facility reports that it does not listen to the conversations. 27 In the non-contact visiting booth
designated for attorneys, there is a slot through which the parties can exchange paper work. 28 If
a detainee wants a contact visit with his/her attorney, the Facility has two official contact rooms
available, but as many as four contact rooms can be made available if needed. 29 Although the
Facility does not listen to conversations between lawyers and detainees, the contact rooms are
enclosed with glass, allowing the Facility to observe the parties in the room. 30 In the event of a
contact visit, a detainee afterwards will be thoroughly strip-searched in a private room, one-onone with an officer of the same sex to ensure that no outside contraband was concealed by the
detainee during the contact visit. 31
While the Standards on searches after visitation does allow strip-searches after
contact visits with a legal representative, it instructs that each detainee receive a copy of the
search procedure in the detainee handbook or equivalent upon admission to the facility. 32 The
handbook provided by the Facility, the Santa Ana Jail Inmate Orientation Handbook (the
18

Id.

Term used by Ms.

Observation of delegation member

Id.

Detention Operations Manual, Detainee Services, Standard 17, III.I.11.

b6, b7C

to describe legal assistants.
b6

from conversation with Ms.

4
OC\766022.2

b6, b7C

“Handbook”), however, does not include a section on strip-searches. The Facility is in accord
with the Standards by requiring that searches be performed by an officer of the same sex as the
detainee being searched and providing the option of a non-contact visit, should the detainee
prefer not to be searched. 33
2.

Visitation by Family and Friends

Applicable Standards. The Standards suggest that facilities establish written
visitation procedures and make visitations schedules and procedures available to the public. 34
Facilities should also make an effort to accommodate the scheduling needs of visitors for whom
the schedule poses a hardship. 35 Facilities are encouraged to schedule visiting hours for both
weekend days. 36 If facilities have no provision for visits from minors, visits from a detainee’s
children and grandchildren should be arranged within the first 30 days of detention. 37
The Facility appears to have implemented most of this portion of the
Standards. There are regular visiting hours at the Facility. According to the Handbook, visiting
hours are from 10 a.m. until 10 p.m. seven days a week, excluding lockdown periods. 38 The
Facility has printed cards which list the current visitation schedule and are available for
visitors. 39 The family visitation schedule is posted in the modules. 40
Detainees are allowed three visits a week, each lasting an hour. 41 Personal visits
will not be allowed on the day an inmate is scheduled for court. 42 Visits may resume after court
appearances for “contract hold inmates,” meaning inmates at SADF because of SADF’s
contracts with various agencies. 43 A maximum of three adult visitors, and a maximum of five
visitors in any minor/adult combination, are allowed per visit. 44 Minors may only visit if
accompanied by an adult. 45

Id.

Id. at III.A.

Id. at III.H.1.

Id. at III.H.2.d.

Santa Ana Jail Inmate Orientation Handbook at 2.

Observation of delegation member

Santa Ana Jail Inmate Orientation Handbook at 3.

Id.

Id. at 2.

b6
b6

5
OC\766022.2

The detainees with whom we talked generally were aware of the policies
regarding visits with their family and friends. 46 These visits may take place in the visiting rooms
at the top of each module. 47 Each visiting room has eight or more non-contact visiting booths.
These visiting booths generally were adequate and quiet, but not necessarily private. Because
the visiting booths were fully windowed, officers could monitor the visit if they so desired. It is
b6, b7C
not routine, however, for an officer to monitor a visit. Ms.
stated that the Facility did
48
not listen to visits with family and friends.
The visitation policy at the SADF does not allow contact visits with family and
friends. 49 Detainees only are allowed contact visits with their attorneys. As a result, detainees
may not hug or touch in any way any member of their family who visits them at the Facility,
including their own children. Both criminal and non-criminal detainees are subject to this policy.
The rationale behind this policy is the Facility’s fear of the possible infiltration of contraband if
contact visits are allowed 50 Though the Standards allow for the limitation of contact visits to
minimize opportunities for introduction of contraband, 51 the Standards also state that ordinarily
“handshaking, embracing, and kissing” are permitted at the beginning and end of a visit. 52
B.

Telephone Access 53
1.

Access, Number, and Time Limit of Telephones

Applicable Standards. The Standards suggest that facilities provide detainees
with “reasonable and equitable access to telephones during established Facility waking hours.” 54
There must be at least one telephone per 25 detainees. 55 The Facility may not limit the number
of legal calls a detainee makes. If time limits on legal calls are necessary, these limits should be
no shorter than 20 minutes. 56 Non-legal calls should be restricted in number and duration based
only on usage demands, operational concerns, and emergencies. 57

Interview of Detainee b6, b7C conducted by delegation members
b6
unnamed Male Detainee conducted by delegation members

and

Observation of delegation member

Id.

Observation of delegation member

Id.

Detention Operations Manual, Detainee Services Standard 17, Section III.H.4.

Id.

All general information in this Section was provided during conversations with Ms.

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

Id. at III.C.

Id. at III.F.

Id.

from conversation with Ms.

6
OC\766022.2

. Interview of

b6, b7C

The SADF appears to have implemented this portion of the Standards. There
are four telephones in each housing module of 64 inmates, which is more than sufficient to meet
the one telephone per 25 detainees requirement. Telephone access also is sufficient. Detainees
can use the phones throughout the day when they are not locked-down, from 7:00 a.m. to 12:00
noon, 2:00 p.m. to 5:30 p.m., and 7:00 p.m. to 11:00 p.m. 58 All detainees interviewed reported
ready access to the phones. 59 Detainees held in administrative segregation have access to the
phone one hour per day. During these hours, there is no time limit on telephone usage.
2.

Payment Options

Applicable Standards. When telephone service generally is limited to collect
calls as it is in the SADF, the Standards instruct facilities to permit detainees to make direct calls
to immigration courts, consulates, pro bono providers, and other immigration service providers. 60
The facility should allow indigent detainees to call each of these providers at no charge if the call
is local. 61 The facility further “shall enable all detainees to make calls to the INS [now, ICE]provided list of free legal service providers and consulates at no charge to the detainee or the
receiving party.” 62
The SADF appears to have partially implemented this portion of the
Standards. All long distance calls made from the SADF housing modules are made collect or
paid for with a calling card, and local calls are made without charge. 63 Detainees can purchase
calling cards from the commissary. One detainee mentioned that these calling cards sell for
$25.00 and allow for 21 minutes of phone time, whether the call is within the United States or
international. 64 This cost of more than a dollar per minute seems exorbitant. Indigent detainees,
defined as those with less than $5.00 in their accounts, can use an ICE-issued code to make free
calls. However, one male detainee was not aware of an ICE code for attorney calls, 65 and there
is no mention of it in the Handbook.

Observation of delegation member

from conversation with Ms.

Interview of Detainee b6, b7C conducted by delegation members
b6
Detaineeb6, b7Cconducted by delegation members
,
b6
unnamed Male Detainee conducted by delegation members
b6
unnamed Male Detainee conducted by delegation members
Detention Operations Manual, Detainee Services Standard 16, III.E.
Id.

Id.

Observation of delegation member

Interview of Detaineeb6, b7Cconducted by delegation members

Interview of unnamed Male Detainee conducted by delegation members

from conversation with Ms

and
and

Interview of
terview of
Interview of
.
b6

b6
b6

OC\766022.2

and

b6
b6

b6, b7C

b6, b7C
b6

b6
b6

, and
and

b6
b6

Messages, Privacy, and Monitoring of Telephone Calls

Applicable Standards. The Standards instruct that “the facility … take and
deliver telephone messages to detainees as promptly as possible.” 66
The SADF does not appear to have implemented this portion of the
Standards. The SADF has a policy of not taking or delivering phone messages, 67 a policy not
permitted by the Standards.
Applicable Standards. The Standards for privacy state that the “facility shall
provide a reasonable number of telephones on which detainees can make [legal] calls without
being overheard by officers, other staff, or other detainees.”
The SADF does not appear to have implemented this portion of the
Standards. Telephone usage in the Santa Ana Facility occurs primarily in the common rooms.
Detainees may use holding cells in the booking area for privacy, but only in “special
circumstances, [such as a] court order.” 68 The Facility does not provide a “reasonable number”
of telephones from which detainees can make private legal calls.
Applicable Standards. The Standards instruct facilities to “provide telephone
access rules in writing to each detainee upon admittance, and also to post these rules where
detainees may easily see them.” 69
The SADF appears to have implemented this portion of the Standards. 70 The
Santa Ana telephone policy is written and detailed in the Handbook. 71 There are notices at each
telephone stating that calls are subject to monitoring. Legal calls are not monitored if the
detainee alerts the Facility by placing his attorney’s phone number in the Facility file. When that
number is dialed, the call is not monitored.
C.

Access to Legal Material

Applicable Standards. According to the Standards, each ICE Detention facility shall
provide a law library and allow detainees access to updated legal materials and other equipment
necessary to facilitate detainees’ legal research and writing. 72 The Standards also outline
specific recommendations concerning facility conditions, holdings, equipment, access, and
procedures.

Detentions Operations Manual, Detainee Services Standard 16, III.I.

Conversation with Ms.

Id.

Detentions Operations Manual, Detainee Services Standard 16, III.B.

Detentions Operations Manual, Detainee Services Standard 16, III.K.

Santa Ana Jail Inmate Orientation Handbook at 3.

Detention Operations Manual, Detainee Services Standard 1, III.A, B, J, N.

b6, b7C

8
OC\766022.2

The SADF appears substantially to have implemented this portion of the Standards.
The Facility has not implemented all specific requirements outlined by the Standards.
1.

Library Conditions

Applicable Standards. The Standards instruct that the library should be in a
designated room, reasonably isolated from noisy areas, and sufficiently large to accommodate all
detainees who request its use. 73
SADF does not appear to have implemented this portion of the Standards.
The library system is entirely computerized, with one available computer per module. 74 In the
male units, the computer is located in the noisy common area. 75 In the female module, the
computer station is located in the multi-purpose room/classroom and separated from the general
common area. 76 There is minimal workspace and the system may only be accessed by one
detainee at a time. 77
2.

Equipment 78

Applicable Standards. The Standards state that the library facility provide
adequate equipment, including typewriters and/or computers, writing implements, paper, and
access to document copying, to enable detainees effectively to conduct research and prepare
documents. 79
SADF appears only partially to have implemented this portion of the
Standards. General office supplies are available, but must be purchased from the Commissary. 80

Id. at III.A.

Observation of delegation member

Id.

The level of detainee awareness and use of the library facilities is difficult to gauge, but appears minimal. None
of the detainees interviewed had ever personally used the library or computer system, though all were represented by
outside counsel and relied on them. Some detainees interviewed had used the system. One female detainee
demonstrated generally how it worked, and a couple of detainees had created files on the system. Interview of
Detainee b6, b7C conducted by delegation membe
Interview of Detainee b6, b7C
b6
b6
b6
b6
b6
conducted by delegation members
, and
Interview of unnamed Male
b6
b6
Detainee conducted by delegation members
and
Interview of unnamed Male
b6
Detainee conducted by delegation members
and
. Observation of
b6
b6
delegation member
.
b6
79

Detentions Operations Manual, Detainee Services, Standard 1, III.B.

Observation of delegation member

from conversation with Ms.

9
OC\766022.2

b6, b7C

Exceptions are made for indigent detainees. 81 Detainees have free access to printers and a
portable copier that is taken through the modules. 82
In the male module, no Facility staff member on the tour knew how to turn on the
computer. However, it appeared that some detainees did know how to use it. Facility staff
indicated that if a detainee wants assistance with the computer, they ask a guard and someone
from the staff will be sent. 83 In the female module, the delegation was able to turn on the
computer. 84 It appeared to have the capacity for internet access. 85 However, that internet access
did not seem operational. 86 In order for detainees to access the internet, they must sign up for a
computer class, and then access the internet instead of listening to the instruction.87 The
delegation was unable to determine whether a single computer provides word processing and
research assistance adequate to meet the needs of all detainees.
3.

Holdings

Applicable Standards. The Standards specify that the library holdings should
conform to the materials list provided by ICE, a list of the library’s holdings should be posted in
the facility, and a procedure should be in place to ensure that they are up-to-date. 88
SADF appears substantially to have implemented this portion of the
Standards. The library has all of the required materials pursuant to Standard 1, Attachment A of
the Standards. The system was installed in February by an ICE representative and contains all of
the required materials in electronic form. 89 Because the system had only recently been installed,
no updates had been done as of the date of the tour. Ms. b6, b7C
indicated that any future
90
updates would come from the national ICE office. There was no available copy of the

Id.

Observation of delegation members

Id.

The female module had a printer attached to the computer workstation, while male detainees printed remotely and
had their materials brought to them. Additionally, it is not clear whether the copier is circulated according
to a regular schedule or in response to specific detainee requests. Observation of delegation member b6

and

from conversation with Facility Staff.

Observation of delegation member

Id. The only computers hooked up to the internet are those used for computer classes. The only time a detainee
can access those computers is during classes, so if a detainee wants to use the internet, he has to sign up for
a class, and then work on the internet instead of paying attention the class.

Detentions Operations Manual, Detainee Services, Standard 1, III.E.

Observation of delegation member

Id.

from conversation with Ms.

10
OC\766022.2

b6, b7C

Florence Project’s “Know Your Rights” packet as suggested by the Standards, and none of the
detainees interviewed had ever heard of such a resource. 91
4.

Access

Applicable Standards. The Standards suggest that each detainee be permitted
access to the law library for a minimum of five hours per week, which should not come in lieu of
their minimal recreation time, and special priority should be given to requests for additional
library time when a detainee is facing a court deadline.92 Detainees 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. Under no
circumstances may any detainee be subjected to reprisals, retaliation, or penalties because of a
decision to seek judicial relief on any matter. 93
SADF appears partially to have implemented this portion of the Standards.
Time constraints do not appear to preclude the detainees from accessing legal materials.
Detainees may access the library whenever they are not locked down, approximately six hours
per day. 94 While this time period overlaps with general recreation and free time, “non-lockdown” periods comprise a sufficient number of hours to provide ready access to the library to the
general population. Detainees in Administrative Segregation are allowed access to the library
only during their one-hour of recreation each day, contrary to the Standards and potentially
imposing a significant burden upon a detainee attempting to do legal research. 95 The Standards
provide that, in the event of a conflict, preference is given for pro per detainees and those facing
court deadlines. 96
5.

Assistance

Applicable Standards. The Standards state that detainees shall be permitted to
assist other detainees in researching and preparing legal documents upon request and never for
payment, except when such assistance poses a security risk. 97
SADF appears substantially to have implemented this portion of the
Standards. Several of the detainees indicated that assistance was available from the officers
(though none of the Facility officers on duty were familiar with how to work the system) or other

Id. Interview with Detainee
b6

b6, b7C

a and unnamed Male detainee conducted by delegation members

and

Detentions Operations Manual, Detainee Services, Standard 1, III.G.

Id. at III.M, R.

Observation of delegation member

Id.

Detentions Operations Manual, Detainee Services, Standard 1, III.K.

11
OC\766022.2

inmates/detainees (though one detainee indicated that other inmates often charge for such
assistance—a violation of the Standards). 98
6.

Personal Legal Materials

Applicable Standards. The Standards state that, in the course of using the
library, 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. 99
SADF appears partially to have implemented this portion of the Standards.
Like the library system itself, the Facility’s personal material retention policy is computer-based.
Detainees may create their own password-protected files on the computer, but cannot retain hard
copies in their living quarters. 100
D.

Correspondence and Other Mail 101

Applicable Standards. The Standards suggest that detainees be able to send and
receive correspondence in a timely manner subject only to safety, security, and operational
limitations. 102 The SADF appears partially to have implemented this portion of the
Standards.
1.

Mail Inspection
a.

General Correspondence

Applicable Standards. The Standards instruct that the detainee be
present when general correspondence or other mail, including packages, is inspected, whether
incoming or outgoing, unless otherwise authorized by the OIC. 103 The Facility is to provide both
sender and addressee written notice, with explanation, when the Facility rejects incoming or
outgoing mail. 104
The SADF does not appear to have implemented this portion of the
Standards. The Facility routinely opens and skims incoming general correspondence and other
mail without the detainee present.105 Facility personnel also inspect outgoing general

Observation of delegation member

Detentions Operations Manual, Detainee Services, Standard 1, III.K.

100

Id.

101

All general information in this Section was provided during conversations with Ms.

102

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

103

Id. at III.F.1.

104

Id. at III.G.

105

Observation of delegation member

12
OC\766022.2

b6, b7C

correspondence without the detainee present. 106 When incoming mail is rejected, the mail is
returned to the sender and, contrary to the Standards, 107 no written notice is sent to the sender
and the addressee. 108 When outgoing mail is rejected, however, the detainee is provided with
signed written notice. 109
b.

Special Correspondence

Applicable Standards. For incoming mail, the Standards suggest that
staff neither read nor copy special correspondence, and that they only inspect for contraband in
the presence of the detainee. 110 Outgoing special correspondence is not to be opened, inspected,
or read. 111
The SADF appears to have implemented this portion of the Standards.
Officers do not read or copy incoming special correspondence, and they only inspect the mail for
physical contraband with the detainee present. To mail outgoing special mail, the detainee hands
the officer unsealed correspondence, the officer then checks for physical contraband and seals
the mail. 112
2.

Postage Allowance

Applicable Standards. The Standards for postage instruct that indigent
detainees be allowed to mail, at government expense, “at least five pieces of special
correspondence and three pieces of general correspondence” per week. 113
The SADF appears substantially to have implemented this portion of the
Standards. The Facility allows indigent detainees unlimited legal mail, but only two other letters
per week. 114 Full implementation of the Standard requires the Facility to allow detainees to mail
at least three pieces of non-legal mail per week.
3.

Supplies

Applicable Standards. The Standards for supplies suggest that facilities have
either a system for detainees to purchase stamps or a process for detainees to mail items at

106

Id.

107

Detention Operations Manual, Detainee Services, Standard 3, III.G.

108

Observation of delegation member

109

Id.

110

Detention Operations Manual, Detainee Services, Standard 3, III.E.2.

111

Id. at III.F.2.

112

Observation of delegation member

113

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

114

Observation of delegation member

13
OC\766022.2

government expense. 115 In addition, the facility is to “provide writing paper, writing implements
and envelopes at no cost to detainees.” 116
The SADF appears partially to have implemented this portion of the
Standards. While the Facility provides a system for detainees to purchase stamps through the
commissary, detainees must purchase paper, envelopes, and pencils. 117
E.

Group Rights Presentations.

Applicable Standards. According the Standards, facilities “shall permit authorized
persons to make presentations to groups of detainees for the purpose of informing them of U.S.
immigration law and procedures.” 118
SADF appears to have implemented this portion of the Standards. At the time of the
delegation’s visit, it had been over a year since the last group rights presentation, and no videos
b6, b7C
had been submitted to the Facility or shown to the detainees. 119 Ms.
indicated that
Catholic Charities was preparing to begin regular presentations in the near future, and that the
Facility was compiling lists of interested detainees. 120
IV.

IMPLEMENTATION OF OTHER PROVISIONS OF THE ICE DETENTION
STANDARDS
A.

Recreation

Applicable Standards. According to the Standards, “all facilities shall provide INS
[now, ICE] detainees with access to recreational programs and activities, under conditions of
security and supervision that protect their safety and welfare.” 121
SADF appears substantially to have implemented this portion of the Standards. All
inmates are provided with at least the minimum access to recreational activities recommended by
the Standards, and for inmates other than those in Administrative Segregation, the amount of
recreation time exceeds the time required by the Standards.

115

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

116

Id. at III.J.

117

See id. at III.J. (“The facility shall provide writing paper, writing implements and envelopes at no cost to
detainees.”).

118

Detentions Operations Manual, Detainee Services, Standard 9, I.

119

Observation of delegation member

120

Id.

121

Detentions Operations Manual, Detainee Services, Standard 13, I.

14
OC\766022.2

Recreation Schedule

Applicable Standards. The Standards state that each detainee shall have access
to outdoor recreation for a minimum of one hour daily, five days a week and to indoor recreation
for at least 1 hour each day, and should not be forced to choose between library and recreation
privileges. 122 Detainees in administrative or disciplinary segregation should be provided with
recreation that is separate from the general prison population, but may be denied recreation for
“safety or security purposes.” 123
SADF’s access schedule exceeds the recommendations of the Standards. The
schedule does not generally differentiate between indoor and outdoor recreation periods. SADF
permits detainees to use both the dayroom and outdoor facilities whenever they are not in
lockdown. 124 The Facility rotates the lockdowns of criminal and non-criminal inmates so that
they are not out of their cells simultaneously. 125 According to interviews with detainees, the
amount of non-lockdown time (time available for recreation) averages nearly six hours per
day. 126 The detainees in administrative segregation are allowed one hour of recreation per day,
seven days per week. 127 Their recreation time does not overlap with other detainees’ recreation
periods. 128
2.

Indoor Recreation

Applicable Standards. The Standards indicate that dayrooms should provide
“board games, television, and other sedentary activities.” 129
SADF appears to have implemented this portion of the Standards. The indoor
recreation areas are large open rooms with couches and TVs arranged throughout. 130 An
additional TV and sitting area is located upstairs. 131 Each module also has a classroom that is
used for scheduled programs, such as classes or religious services. 132 A cart with books is

122

Id. at III.B.

123

Id. at III.H.

124

Observation of delegation member

125

Id.

126

Interview of Detainee b6, b7C conducted by delegation members
unnamed Male Detainee conducted by delegation members
b6

127

Observation of delegation member

128

Id.

129

Detentions Operations Manual, Detainee Services, Standard 13, III.G.3.

130

Observation of delegation member

131

Id.

132

Id.

15
OC\766022.2

and

Interview of

located on the first floor next to the guard’s station. 133 In addition, there is a bank of telephones
in the center of the room. 134 For meals, tables and chairs are set up throughout the room. 135
During recreation hours, detainees may watch TV, talk on the telephone, and/or
use the law library computer. 136 In the men’s module, it appeared that detainees were permitted
to request movies for viewing on videotape. The Handbook indicates that board games are
available to the detainees, although the delegation neither saw nor heard about board games
during the visit. 137
3.

Outdoor Recreation

Applicable Standards. The Standards recommend that outdoor exercise areas
“offer a variety of fixed and movable equipment,” and recreational activities “based on the
facility’s size and location.” 138
SADF appears to have implemented this portion of the Standards. The
exercise area has only one piece of weight equipment (consisting of a pull up bar and sit-up
bench), and handball was the only available activity. 139 Additionally, the women’s module had a
ping-pong table. 140 The yard itself is limited to a small concrete area that is approximately
twenty feet by thirty feet with high walls that prevent much of the outdoor space from receiving
direct sunlight. 141
B.

Access to Medical Care

Applicable Standards. All detainees shall have access to medical services that promote
detainee health and general well-being. 142 Every facility will provide its detainee population
with initial medical screening, cost effective primary medical care and emergency care. 143 All
facilities must employ, at a minimum, a medical staff large enough to perform basic exams and

133

Id.

134

Id.

135

Id.

136

Id.

137

Id. Santa Ana Jail Inmate Orientation Handbook at 4.

138

Detentions Operations Manual, Detainee Services, Standard 13, III.G.

139

Observation of delegation member

140

Id.

141

Id.

142

Detentions Operations Manual, Health Services, Standard 2, I.

143

Id. at III.A.

16
OC\766022.2

treatments for all detainees. 144 The detention center must have sufficient facilities so that the
detainees can receive an examination or treatment in private.145
Detention centers must provide an initial medical screening upon a detainee’s arrival. 146
The prescreening shall include an evaluation of the detainee’s suicide risk and mental
disorders. 147 If language difficulties prevent the health care provider/officer from sufficiently
communicating with the detainee for purposes of completing the medical screening, the officer
shall obtain translation assistance. 148 Such assistance may be provided by another officer or by a
professional service, such as a telephone translation service. 149
There must be procedures in place by which detainees can request medical attention
when they feel that it is needed. 150 All facilities must have a procedure in place to ensure that all
request slips are received by the medical facility in a timely manner. 151
The SADF appears to have implemented this portion the Standards. There is no
onsite medical center or infirmary available at the SADF. 152 The Facility maintains a total of
sixteen per diem medical staff. 153 A doctor associated with the Facility is on-call twenty-four
hours a day, seven days a week. 154 Two doctors are at the Facility for four hours, one day per
week. 155 A nurse practitioner is at the Facility five days per week. 156 RNs are on duty at the
Facility twelve hours a day, seven days a week, while LVNs are at the Facility twenty-four hours
per day, seven days per week. 157 Dentists and psychologists visit the Facility when necessary. 158
For serious medical emergencies, the Facility will call an ambulance and will transport a
detainee to a contracted medical facility.159 For detainees’ prescription needs, the Facility

144

Id.

145

Id. at III.B.

146

Id. at III.A.

147

Id. at III.D.

148

Id.

149

Id.

150

Id. at III.F.

151

Id.

152

Interview with Ms.

153

Id. Observations of delegation members

154

Interview with Ms.

155

Observation of delegation member

156

Interview with Ms.

157

Id.

158

Santa Ana Jail Inmate Orientation Handbook at 10. Observation of delegation member Alison Pulaski.

159

Interview with Ms.

conducted by delegation member
b6

and

conducted by delegation member

b6
b6

conducted by delegation member

17
OC\766022.2

Observation of delegation member

contracts with a pharmacy. 160 Independent medical service providers or medical experts are
allowed into the Facility to see a detainee only with a court order. 161
According to Ms. b6 almost all of the medical staff is bilingual. 162 If a translation
problem existed, the medical staff uses a telephone translation line.
When a detainee is first brought to the Facility, he/she is medically screened to determine
if he/she needs any treatment and if the detention center can accept him/her. 163 Since the Facility
does not have an onsite medical center, it only accepts those detainees who are healthy enough to
be housed with the general population. 164 Generally, the Facility does not segregate detainees
for medical observation. 165 However, the Facility will segregate detainees for short-term
illnesses like chicken pox, lice, scabies, and parasites. 166 If a detainee’s TB test comes back
positive, the Facility will segregate him/her for several days until his/her chest x-rays results
come back. 167
If detainees believe that they need medical attention, they fill out a “sick slip” and give it
to the officer on duty. 168 Detainees are seen within twenty-four hours, unless it is an emergency,
in which case they are seen sooner. 169 Most detainees interviewed by the delegation understood
the procedures for accessing medical care. 170 None of the detainees interviewed said that they
have ever been denied medical attention that they requested. 171 The detainees also reported that
they had observed medical care provided promptly to other detainees. 172
For mental health issues, a psychiatrist comes to the Facility twice a month. 173
Counselors come to the Facility when needed. 174 The Facility also offers crisis prevention. 175
160

Interview with Ms.

161

Id.

162

Id. The languages spoken by medical staff include Spanish and Vietnamese.

163

Id.

164

Id.

165

Id.

166

Id.

167

Id.

168

Id.

169

Id.

conducted by delegation member

170

Interview Detainee b6, b7C conducted by delegation members
b6
of Detaineeb6, b7Cconducted by delegation members
b6
unnamed Male Detainee conducted by delegation members
unnamed Male Detainee conducted by delegation members
b6

171

, and
and
b6

Interview
Interview of
. Interview of
b6

b6
b6

and

Id.

172

Interview with Detainee b6, b7C conducted by delegation members
b6
of unnamed Male Detainee conducted by delegation members

173

and

b6
b6

Interview with Ms.

conducted by delegation member

18
OC\766022.2

and

b6
b6

. Interview

For detainees with mental health issues, the Facility will provide counseling, treat depression and
distribute medicine for psychological problems. 176 Detainees with more challenging mental
health issues cannot stay at the Facility and will be sent offsite. 177
C.

Detainee Grievance Procedures 178

Applicable Standards. The Standards state that every facility must develop and
implement standard operating procedures that address detainee grievances within a reasonable
time limit. 179 Each facility must have procedures for informal resolution of oral grievances
within 5 days of the event precipitating the grievance. 180 If dissatisfied with or instead of the
informal process, a detainee must be allowed to submit a formal, written grievance to a grievance
committee. 181
The SADF appears to have implemented this portion of the Standards. Santa Ana
detainees have access to a grievance procedure, responses are documented in a timely manner,
and there is a process whereby detainees may appeal a grievance decision. 182 Informal
resolutions are encouraged for minor violations, major violations are promptly forwarded to the
ICE supervisor, and incident reports are investigated within 24 hours. 183 In addition, a
disciplinary panel adjudicates major incidents. 184 If a detainee has a complaint, he can speak to a
module officer, available 24 hours a day, 7 days a week, to try to have the grievance resolved. 185
Three of the four detainees interviewed were unaware of any grievance policy. 186 The other
detainee said she had not had any problems, though she would feel comfortable reporting issues
to her module officer, or, if the problem involved the officer, to the officer’s superior. 187

174

Id.

175

Id.

176

Id.

177

Id.

178

All general information in this Section was provided during conversations with Ms.

179

Detention Operations Manual, Detainee Services, Standard 5, I.

180

Id. at III.A.1.

181

Id. at III.A.2.

182

Santa Ana Jail Inmate Orientation Handbook at 7.

183

Observation of delegation member

184

Id.

185

Id.

b6, b7C

186

b6
Interview of Detaineeb6, b7Cconducted by delegation members
Interview of unnamed Male Detainee conducted by delegation members
Interview of unnamed Male Detainee conducted by delegation members

, and

and

b6
b6

.
and

187

Interview of Detainee

b6, b7C

conducted by delegation members

19
OC\766022.2

and

b6
b6

Disciplinary Policy 188

Applicable Standards. The Standards suggest that each facility have a detainee
disciplinary system that has a “progressive level of review, appeals, procedures, and
documentation of procedures.” 189 Any disciplinary action “may not be capricious or
retaliatory,” 190 and must not include corporal punishment, deviation from normal food service,
deprivation of clothing, bedding, items of personal hygiene, correspondence privileges or
physical exercise. 191 The Handbook must provide notice of the facility’s conduct rules and the
sanctions imposed for violations of the rules.192 When an officer witnesses a prohibited act that
is unsuitable for informal settlement, the officer must prepare and submit an incident report,
which shall be investigated within 24 hours of the incident. 193 A disciplinary panel will
adjudicate these reports. 194
The SADF appears substantially to have implemented this portion of the Standards.
The Facility has a disciplinary system with three progressive levels of reviews and a process for
appeals. 195 Rules of conduct, sanctions, and procedures for violations are defined in the
Handbook, which is given to all detainees upon admittance. 196 The Handbook also notifies
detainees of the discipline severity scale and the process for appeal. 197 The Handbook, however,
fails to state the procedure for appealing disciplinary action. 198 In addition, while the rules,
sanctions, and discipline procedures are detailed in the Handbook, they are not conspicuously
posted. 199 Further, one of the detainees interviewed claimed that discipline is imposed
unilaterally by the guards. 200 Specifically, this detainee claimed to have been wrongly accused
of using the microwave outside of allowed hours. 201 When he refused to sign a document
acknowledging the violation, he was put in lockdown for 23 hours. 202

188

All general information in this Section was provided during conversations with Ms.

189

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

190

Id. at III.A.2.

191

Id. at III.A.3.

192

Id. at III.A.5.

193

Id. at III.B, C.

194

Id. at III.F.

195

Observation of delegation member

b6, b7C

s from Conversation with Ms.

b6, b7C

196

Observation of delegation member

197

Santa Ana Jail Inmate Orientation Handbook at 7.

198

Santa Ana Hail Inmate Orientation Handbook at 10.

s from Conversation with Ms.

199

Id. See Detention Operations Manual, Security and Control, Standard 5, III.A.5, requiring posting in SPCs and
CDFs.

200

Interview of unnamed Male Detainee conducted by delegation members

201

Id.

202

Id.

20
OC\766022.2

and

Detainee Classification
1.

Classification in general

Applicable Standards. According to the Standards, all detainees shall be
classified upon arrival. 203 ICE is to provide I.G.S.A. facilities with the data needed to classify
detainees received from ICE upon arrival. 204 Detainees are to be classified according to risk, and
to be given color-coded uniforms and wristbands that correspond to their level of risk. 205 A
supervisor shall review the intake officer’s classification files for accuracy, 206 and facilities shall
house detainees according to their classification level.207
The SADF appears to have implemented this portion of the Standards. A
detainee’s classification occurs at the end of the booking process. 208 The Facility’s classification
system has six categories, with “Class One” being the lowest security level and “Class Six”
being the highest security level. 209 In classifying a detainee, the Facility’s officers consider: (1)
the detainee’s criminal history; (2) Form 120, which is delivered by the US Marshall; (3) the
Facility’s prior records of the detainee’s history at the Facility, if any; and (3) interviews with the
detainee regarding his state of mind and mental health. 210 Class Five and Class Six detainees live
in “administrative segregation” 211 in a separate high security module. 212 Detainees in
administrative segregation do not share cells, but reside alone in a high security cell. 213
Administrative segregation detainees are escorted by two officers whenever outside their cells
while handcuffed and shackled. 214 For a detainee placed in administrative segregation, the
Facility reviews the detainee’s classification every thirty days. 215 During this review, officers
will consider any new written reports on the detainee and will conduct additional interviews with
the detainee. 216 Generally, the Facility does not review non-criminal classifications. 217
203

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

204

Id.

205

Id. at III.A.4.

206

Id. at III.C.

207

Id. at III.D.

208

Observation of delegation member

209

Observation of delegation member

210

Id. Observation of delegation member

from conversation with Ms.

b6, b7C

i.
.

211

The Facility refers to the high security housing area as “administrative segregation.” Although the area is called
“administrative segregation,” this area is what the ICE Standards would call “disciplinary segregation.”

212

Observation of delegation member

213

Id.

214

Id.

215

Id. Observations of delegation members

216

Id.

217

Id.

and

21
OC\766022.2

However, if a non-criminal detainee is misbehaving or acting abnormally, officers will
reevaluate the detainee’s classification status. 218
At the Facility, non-criminal detainees are segregated from the general criminal
population.
Although both criminal and non-criminal detainees are housed in the same
module, they never come into contact. 220 Non-criminal and criminal detainees never share cells
and are never in the module’s common area at the same time. 221 Typically, officers lockdown
criminal detainees and non-criminal detainees at alternate times. 222 Thus, for part of the day,
while criminal detainees are in lockdown, the non-criminal detainees use the common area and
outdoor recreation area. 223 After the allocated period of time, the two groups switch. 224 In the
alternative, when both groups are out of lockdown at the same time, one group is sent outside
while the other group stays inside in the common areas. 225 Criminal and non-criminal detainees
get equal access to the indoor and outdoor common areas, though at different times. 226
219

Disciplinary Segregation

Applicable Standards. The Standards provide that “facility authorities shall
discipline anyone whose behavior does not comply with facility rules and regulations” in order to
ensure a safe and orderly living environment for the general population. 227 Detainees should
only be placed in disciplinary segregation after a hearing at which the detainee “is found to have
committed a prohibited act.” 228 The Standards also provide that “facilities shall implement
written procedures for the regular review of all disciplinary-segregation cases.” 229

218

Id.

219

Observation of delegation member

from conversation with Ms.

b6, b7C

220

Id. Ms. b6, b7C added that non-criminal and criminal detainees have different color uniforms to easily
distinguish between the populations in the Facility.

221

Id.

222

Id.

223

Id.

224

Id.

225

Id. This scenario occurs more frequently in female modules since there are more female non-criminal detainees
than male non-criminal detainees.

226

Id.

227

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

228

Id.

229

Id.

22
OC\766022.2

The SADF appears to have implemented this portion of the Standards. 230 A
separate module exists at the SADF for those in disciplinary segregation. 231 Some detainees are
put into disciplinary segregation upon arrival based on the classification procedures discussed
above. 232 Detainees whom the Facility classifies as Class Five or Class Six will reside in the
separate “administrative segregation” high security module. 233 Detainees may also end up in
disciplinary segregation if they seriously violate Facility rules. 234 For a minor rule violation, a
detainee may be punished with a twenty-four hour lockdown period. 235 For a major rule
violation, a detainee will have a hearing. 236 If the detainee is found guilty of breaking a major
rule, he/she may be punished with ten to sixty days of disciplinary segregation. 237 If a detainee
is segregated for disciplinary reasons, the detainee is either moved to the “administrative
segregation” module or is put on lockdown in his/her module. 238
Those kept in disciplinary segregation are put in their own rooms that are smaller
than the rooms in the other modules. 239 While in disciplinary segregation, detainees receive
medical checkups every fifteen days. 240 Detainees in disciplinary segregation have no
commissary privileges. 241 While detainees are in disciplinary segregation, they are allowed out
of their room for only one hour each day for recreation.242 Thus, detainees in segregation have
limited access to legal services, with only one hour to contact their lawyers. 243

230

The Standards recognize that detainees in disciplinary segregation usually have fewer privileges than those in the
general population. However, the Standards require that the detainees in disciplinary segregation have the same
humane living conditions as the general population, including receiving clean clothes, receiving meals according to
schedule, and having the opportunity to maintain a normal level of personal hygiene. Detention Operations Manual,
Security Inspections.

231

Ms. b6, b7C
segregation.”

often referred to the disciplinary segregation unit as “ad-seg,” an abbreviation for “administrative

232

Id.

233

Id.

234

Id.

235

Id.

236

Id.

237

Id.

238

Id.

239

Observation of delegation member

240

Id.

from conversation with Ms.

b6, b7C

241

Id. The delegation was unable to conclude whether or not detainees in disciplinary segregation receive necessary
hygienic materials even though they do not have commissary privileges. See Detention Operations Manual, Security
and Control, Standard 13, Section III.D
242

Observation of delegation member

243

Id.

from conversation with Ms.

23
OC\766022.2

b6, b7C

For a detainee placed in segregation, the Facility reviews his/her classification
decision every thirty days. 244 During this review, officers will consider any new written officer
reports on the detainee and will conduct additional interviews with the detainee. 245
3.

Administrative Segregation

b6, b7C
According to Ms.
, detainees occasionally are placed in administrative
segregation (other than disciplinary segregation, which she also referred to as administrative
segregation). 246 Homosexuals generally are not segregated. 247 However, Ms. b6, b7C
explained that the Facility may segregate homosexuals for their own safety if there is a
disruption in the general population. 248 Ms. b6, b7C also reported that detainees may be
separated from the general population if: (a) the detainee committed certain crimes, such as child
molestation; (b) the detainee is a testifying witness, which may cause them danger; (c) the
detainee requests to be in protective custody; (d) the detainee is a former gang member in danger
of reprisal; or (e) the detainee is the subject of a gang’s order to attack or kill. 249

Medical Quarantine

Detainees are quarantined at the Facility when they have diseases such as lice,
scabies, parasites, or chicken pox. 250
F.

Voluntary Work Program

Applicable Standards. The Standards suggest that every facility provide detainees, who
are physically and mentally able to work, with an opportunity to work and earn money. 251 A
detainee’s classification will help determine the type of assignment for which he or she is
eligible. 252 Detainees shall receive monetary compensation for work completed in accordance
with the facility’s standard policy. 253
The SADF appears partially to have implemented this portion of the Standards.
According to Ms. b6, b7C , various job opportunities exist for both male and female detainees,

244

Id. Observations of delegation members

245

Observations of delegation members
b6, b7C
.

246

Observation of delegation member

247

Id.

248

Id.

249

Id.

250

Interview with Ms.b6, b7Cconducted by delegation member

251

Detention Operations Manual, Detainee Services, Standard 18, III.A.

252

Id.

253

Id. at III.K.

and

b6
b6

, and

from conversation with Ms.

24
OC\766022.2

from conversation with Ms.

b6, b7C

from conversation with Ms.
b6, b7C

although male and female detainees never work together. 254 Job opportunities include serving
food, cleaning up after meals, laundry duty and cleaning duty. 255 Module officers and work
crew leaders select the detainees who will work for them. 256 In selecting a detainee for a job,
module officers and work crew leaders consider the detainee’s file. 257 The criteria for particular
jobs differ depending on whether the job is performed inside or outside the module. 258 The
criteria for a detainee working outside the module is higher than for a detainee working inside
the module. 259 Detainees are not paid in cash for their work. 260 Rather, detainees are paid in
special benefits, such as more food at meal times, extra free time, or extra goods from the
commissary at the module officer’s discretion. 261 Module officers are allowed to order a certain
dollar amount of goods from the commissary, and distribute them as payment to detainee
workers. 262 The Facility does not allow detainees to earn money for their work, contrary to the
Standards. The Facility does allow detainees to volunteer to work and it does compensate them
for their efforts, though not with cash compensation.
G.

Detainee Handbook

Applicable Standards. The Standards instruct that each facility shall have a detainee
handbook that “briefly describe[s] individual programs and services and associated rules.” 263
The handbook shall be distributed to detainees immediately upon their admission to the
facility. 264 The handbook should include topics such as “recreation, visitation, education,
voluntary work, telephone use, correspondence, library use, and the canteen/commissary.” 265 In
addition, the handbook shall cover the facility’s medical policy, facility-issued items such as
clothing and bedding, access to personal property, and meal service. 266 The handbook must also
specify the rules and regulations with which detainees must generally comply, and it must detail
detainees’ rights and responsibilities. 267 The handbook must be available in English and Spanish
and, where appropriate, in “the next most-prevalent language(s) among the facility’s

254

Observation of delegation member

255

Id.

256

Id.

257

Id.

258

Id.

259

Id.

260

Id.

261

Id. Observation of delegation member

262

Observation of delegation member

263

Detention Operations Manual, Detainee Services Standard 6, III.B.

264

Id.

265

Id.

266

Id.

267

Id. at III.C.

from conversation with Ms.

b6
b6

.
from conversation with Ms.

25
OC\766022.2

b6, b7C

detainees.” 268 The handbook should be revised as necessary, and formally reviewed at least
annually. 269
SADF’s Handbook appears substantially to have implemented the Standards. The
Facility’s Inmate Orientation Handbook (the “Handbook”) explains the behavior expected from
detainees, and details the Facility’s rules and regulations. 270 It includes a discussion of
recreation, 271 visitation, 272 education, 273 correspondence, 274 library use, 275 telephone use, 276 and
commissary use. 277 The Handbook, in accordance with the Standards, also contains information
on the Facility’s medical policy, 278 Facility-issued items, 279 and meal service. 280 Missing from
the Handbook’s coverage is a discussion of the voluntary work program and access to personal
property. The Handbook’s discussion of correspondence also could be more complete. While
the Handbook provides some explanation of the rules regarding mail, 281 the Handbook does not
specify: 282 1) how outgoing mail should be addressed, 2) that non-legal mail shall be opened and
inspected in the detainee’s presence, 3) that legal mail may not be read, 4) the definition of
special correspondence, 5) how to specially label outgoing legal mail so that it will not be read,
6) how to obtain writing implements, paper, and envelopes, and 7) rules for providing indigent
and certain other detainees free postage.
The Handbook does discuss subject areas other than those suggested by the Standards.
For instance, it provides inmates with information on voting, 283 religious services, 284 and
procedures for counsel. 285 The Handbook is translated into Spanish. 286 For all other languages,
268

Id. at III.E.

269

Id. at III.H, I.

270

Santa Ana Jail Inmate Orientation Handbook.

271

Id. at 4-5.

272

Id. at 2.

273

Id. at 10.

274

Id. at 8-9.

275

Id. at 9.

276

Id. at 3.

277

Id. at 7.

278

Id. at 10.

279

Id. at 6-7.

280

Id. at 4.

281

See id. at 8.

282

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

283

Santa Ana Jail Inmate Orientation Handbook at 9.

284

Id.

285

Id. at 10.

286

See id. at 15-30.

26
OC\766022.2

the Facility relies on the translation line to verbally dictate the contents of the Handbook. 287
Although the translation line is available to detainees at the Facility, detainees, especially
detainees who do not speak English or Spanish, may not be aware of it. The Facility could
improve communication with detainees who do not speak English or Spanish by informing these
detainees about the language line upon their arrival.
Based on the delegation’s interviews, the Facility may not consistently distribute the
SADF’s Handbook to all detainees. Detainee b6, b7C indicated that she had in fact received
and signed for a Handbook upon her arrival at SADF, but Detainee b6, b7C and the male detainees
interviewed stated that they have never been issued a Handbook. 288
H.

Religious Practices

Applicable Standards. The Standards suggest that detention centers provide detainees
of different religious beliefs with “reasonable and equitable opportunities to participate in the
practices of their respective faiths,” limited only by considerations of safety, security, the orderly
operation of the facility, or costs. The Standards further provide that detainees may not be
harassed for their particular beliefs or affiliation. 289 Each facility should have a chaplain
available to lead group religious programs or individual counseling. 290 In the event a detainee’s
faith differs from that of the chaplain, the detainee shall be provided with access to outside
religious representatives. 291 Detainees shall be allowed access to personal religious items such
as prayer beads during religious services, but need not be allowed to take the items into their
individual cells. 292 Additionally, the facility should accommodate any recognized holy days or
dietary requirements, including food restrictions and unusual eating hours. 293
SADF appears substantially to have implemented this portion of the Standards. The
SADF provides religious services on site, with an average of two to three visits by different
religious figures per week. 294 Catholic and Protestant services are held as a matter of course,
while other faiths are accommodated upon request, as the inmate population does not reflect an
ongoing need for such services. 295 Some services are offered in both English and Spanish,
though one male detainee interviewed stated that no Spanish-speaking Christian services or

287

Observation of delegation member

288

Interview of Detainee b6, b7C conducted by delegation members
b6
of Detaineeb6, b7Cconducted by delegation members
,
b6
unnamed Male Detainee conducted by delegation members
b6
unnamed Male Detainee conducted by delegation members
,

289

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

290

Id. at III.D.

291

Id. at III.F.

292

Id. at III.K.

293

Id. at III.I, M.

294

Observation of delegation member

295

Id.

27
OC\766022.2

b6
b6

, and
and
b6

and

. Interview
. Interview of
. Interview of
b6

b6
b6

, and

religious personnel were available. 296 Special religious dietary requirements generally will be
accommodated, provided that the legitimacy of the need can be verified. 297 None of the
detainees the delegation interviewed had suffered any harassment for their religious beliefs while
in the Facility. 298
I.

ICE Presence at the Facility/Staff-Detainee Communication

Applicable Standards. The Standards recommend that facilities implement procedures
to facilitate formal and informal communication between and among facility staff, ICE staff, and
ICE detainees. 299 Also, detainees should be able to file written requests to ICE and receive
responses in a timely fashion. 300
SADF appears to have implemented this portion of the Standards. An ICE
representative makes a weekly visit to the SADF (usually on Fridays). 301 The visits are
announced in advance, and detainees may sign up if they wish to meet with the representative.302
CONCLUSION

The Santa Ana Detention Facility has implemented or substantially implemented many of
the ICE Detention Standards. The Facility should take additional steps toward full
implementation of the Standards with regard to the following practices:


Revising the Handbook to convey more specific information to the detainees about
the procedures for strip searches and disciplinary action appeals.



Providing copies of the Handbook to every detainee immediately upon arrival.



Providing private telephone access to detainees for legal calls.



Opening mail only in front of detainees.



Locating computer stations in quiet areas with sufficient space to work.

296

b6
Observation of delegation member
from conversation with Ms.
b6
b6
Male Detainee conducted by delegation members
and

297

b6, b7C

; Interview with unnamed

Id.

298

299

Detention Operations Manual, Detainee Services, Standard 15, I.

300

Id.

301

Observation of delegation member

302

Id.

28
OC\766022.2

b6
b6

, and
and
b6

and

. Interview
. Interview of
b6
. Interview of
b6
, and
.
b6



Providing free office supplies.



Allowing detainees in Administrative Segregation access to the library at times other
than their recreation times.



Ensuring that detainees are not allowed to charge fees for assisting others with legal
research and preparing legal documents.



Providing additional outdoor exercise equipment.



Allowing detainees to work for cash compensation.



Providing hard copy library materials.



Promoting better communication with detainees who speak languages other than
English or Spanish by informing them about the telephone translation line upon
arrival.

29
OC\766022.2

Delegation Observation

Source

Standard 17, Visitation
 III.I.9. Private Meeting Room.
Visits between legal service providers and an
individual detainee are confidential and shall not be
subject to auditory supervision. Private consultation
rooms shall be available for such meetings.



Delegation
conversation
with Officer
.

Standard 17, Visitation
 III.I.11. Detainee Search
Written procedures will govern detainee searches.
Each detainee will receive a copy of these search
procedures in the detainee handbook or equivalent
provided upon admission to the facility. An IGSA
facility’s general-population search procedures will
also apply to [ICE] detainees.
Standard 16, Telephone Access
 I. Facilities holding [ICE] detainees shall permit
them to have reasonable and equitable access to
telephones.
Standard 16, Telephone Access
 III.E. The facility shall not require indigent detainees
to pay for [legal, court-related, consular, emergency
calls] if they are local calls, nor for non-local calls if
there is a compelling need.
Standard 16, Telephone Access
 III.I. The facility shall take and deliver telephone
messages to detainees as promptly as possible. When
facility staff receives an emergency telephone call
for a detainee, the caller’s name and telephone
number will be obtained and given to the detainee as
soon as possible.



If a detainee has a non-contact visit with
his/her attorney, the detainee meets with the
attorney in the module’s non-contact
visiting booths. Although the Facility
reports that it does not listen to the
conversations, the visiting booths do not
allow for complete privacy (p.4 ¶2).
The handbook provided by the Facility, the
Santa Ana Jail Inmate Orientation
Handbook, does not include a section on
strip-searches (p.4 ¶3).



Calling cards sell for $25.00 and allow for
21 minutes of phone time, domestic or
international (p.7 ¶3).

Detainee
interview.



Indigent detainees can use an ICE-issued
code to make calls without charge.
However, one detainee was not aware of the
ICE code, and there is no mention of it in
the Handbook (p.7 ¶3).
The SADF has a policy of not taking or
delivering phone messages (p.8 ¶2).

Detainee
interview.



ICE Response

b6, b7C

ICE Standard*

Facility Name: SANTA ANA DETENTION FACILITY, SANTA ANA, CA
Date of Tour: June 30, 2005
Tour Participants: Latham & Watkins LLP attorneys and summer associates
,
,
,
, and
*Standards are Detainee Services Standards unless otherwise indicated. Issues are listed in the order in which they appear in the Report.

Inmate
handbook.

b6, b7C

Delegation
conversation
with Officer
.

ABA Commission on Immigration - Detention Standards Implementation Initiative

2/19/2009

Standard 1, Access to Legal Material
 III.B. Equipment. The law library shall provide an
adequate number of typewriters and/or computers,
writing implements, paper and office supplies to
enable detainees to prepare documents for legal
proceedings.
9. Standard 1, Access to Legal Material
 III.K. The facility shall permit detainees to assist
other detainees in researching and preparing legal
documents upon request …. Such assistance is
voluntary; no detainee shall be allowed to charge a
fee or accept anything of value for assistance.
10. Standard 3, Correspondence and Other Mail
 III.G. Rejection of Incoming and Outgoing Mail.
The affected detainees shall be notified when
incoming or outgoing mail is confiscated or withheld
(in whole or in part). The detainee shall receive a
receipt for the confiscated or withheld item(s).
11. Standard 3, Correspondence and Other Mail
 III.J. Writing Implements, Paper, and Envelopes.
The facility shall provide writing paper, writing
implements and envelopes at no cost to detainees.
12. Security and Control Standard 5, Disciplinary Policy
 III.L. Notice to Detainees. The detainee handbook,
or equivalent, shall notify detainees of the following:
… 3. The procedure for appealing disciplinary
findings.



Telephone usage occurs primarily in the
common rooms. Detainees may use holding
cells in the booking area for privacy, but
only in “special circumstances, [such as
with a] court order.” (p.8 ¶4).

Delegation
conversation
with Officer
.



In the male units, the computer is located in
the noisy common area (p.9 ¶3). In the
female module, the computer station is
located in the multi-purpose
room/classroom and separated from the
general common area (p.9 ¶3).
The library system is entirely computerized,
with only one available computer per
module, and minimal workspace (p.9 ¶3).

Delegation
observations.



Detainees indicated that assistance was
available from officers or other
detainees/inmates but one detainee
indicated that other inmates often charge for
such assistance (p.11 ¶5).

Detainee
interviews.



When incoming mail is rejected, no written
notice is sent to the addressee (p.13 ¶1).

Delegation
notes.



Detainees must purchase paper, envelopes,
and pencils (p.14 ¶2).

Delegation
notes.



The Handbook fails to state the procedure
for appealing disciplinary action (p.20 ¶2).

Inmate
handbook.



ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C

Standard 16, Telephone Access
 III.J. The facility shall ensure privacy for detainees’
telephone calls regarding legal matters. For this
purpose, the facility shall provide a reasonable
number of telephones on which detainees can make
such calls without being overheard by officers, other
staff or other detainees.
Standard 1, Access to Legal Material
 III.A. Law Library. [The law library] shall contain a
sufficient number of tables and chairs in a well-lit
room, reasonably isolated from noisy areas.

Delegation
observations.

2/19/2009

13. Security and Control Standard 5, Disciplinary Policy
 III.A. Disciplinary action may not be capricious or
retaliatory.



14. Standard 18, Voluntary Work Program
 I. Every facility with a work program will provide
detainees the opportunity to work and earn money.



ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainee
interview.

Delegation
notes;
conversation
with Officer
.
b6, b7C

Detainee claimed to have been wrongly
accused of using the microwave outside of
allowed hours. When he refused to sign a
document acknowledging the violation, he
was put in lockdown for 23 hours (p.20 ¶2).
The Facility does not allow detainees to
earn money for their work. It does
compensate them for their work, but not
with cash compensation (p.25 ¶1)

2/19/2009