LEGAL ACCESS AND CONDITIONS OF CONFINEMENT FOR
INS DETAINEES IN VIRGINIA COUNTY JAILS

VIRGINIA BEACH CORRECTIONAL
FACILITY
2501 James Madison Blvd.,Virginia Beach, VA 23456
I. ACCESS TO LEGAL MATERIALS
The facility was visited on July 26, 2001. As with one other facility visited, there were
significant concerns with the lack of access to legal materials at the Virginia Beach facility. There
was a law library that contained the new immigration materials issued by INS but detainees were
barred access. 1 They must make a request for the materials contained therein. This raises
questions of the detainees’ ability to request the correct materials without having the opportunity
to look through the library’s holdings. Nevertheless, this facility was the only facility in which a
list of the library’s holdings of immigration materials was posted in the housing units.
11. ACCESS TO TELEPHONES
The telephones in the pods are available for use from 9 a.m. to 11 p.m.. There is one
phone per pod, which contains approximately a dozen inmates. 2 However, because of the size of
the pod and the relative proximity of the telephone to the other detainees, detainees are not

1

According to the INS Detention Standard entitled “Access to Legal Material,” “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. Each detainee shall be permitted to use the law library for a minimum of five (5) hours per
week.”
2
Virginia Beach Correctional Facility also houses minimum-security detainees in a separate annex. The
number of inmates per pod differs from the system used in the main facility.

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ensured confidentiality when they make phone calls. 3 Detainees also complained that their phone
calls are being cut-off after every two or three minutes.
Unlike in all the other facilities visited, the telephones in the Virginia Beach facility have
been installed with pre-programming technology. Nevertheless, the detainees have been unable to
reach free legal service providers or INS using the pre-programmed technology due to system
problems. 4 A Captain confirmed to us that he himself has verified that the calls are not going
through. He suspected that the calls are not being accepted because the pre-recorded identifier
that prefaces each call is being mistaken as an identifier for a collect call.
Due to these problems, detainees are unable to reach the Immigration Court to inquire
about the status of their cases, unable to call the organizations on the Executive Office of
Immigration Review list of free legal service providers, and unable to reach their consulates or
embassies. This raises serious concerns about the ability of the detainees held at the Virginia Beach
facility to access pro bono counsel to adequately prepare their cases.

III. VISITATION
The non-legal visitation schedule is relatively restrictive considering Virginia Beach’s
remote location vis-à-vis the Washington, D.C. area. Family visits are limited to

3

According to the INS Detention Standard entitled “Telephone Access,” “The facility shall ensure privacy
for detainees’ telephone calls regarding legal matters. For is 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.”
4
According to the INS Detention Standard entitled “Telephone Access,” “Even if telephone service is
generally limited to collect calls, the facility shall permit the detainee to make direct calls: (1) to the local
immigration court and the Board of Immigration Appeals; (2) to the federal and state courts where the
detainee is or may become involved in a legal proceeding; (3) to consular officials; (4) to legal service
providers in pursuit of legal representation or to engage in consultation concerning his/her expedited
removal case…”

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20 minutes and vary depending on the housing unit. 5 It should also be noted that all visits,
including legal visits, are non-contact.
IV. RECREATION ISSUES
Detainees at this facility complained that they have not been receiving their full recreation
time, an hour per day, and often do not receive any time at all due to the lack of staff. 6 It was also
expressed that their recreation time is frequently cut short due to safety concerns that arise when
different housing units are let out for recreation in adjoining yards.
V. MEDICAL ISSUES
A nurse is responsible for processing medical request forms within twenty-four hours.
There have been several complaints about the processing of sick-call request forms, especially for
those who are indigent. Many detainees reportedly submitted several requests to no avail. Also,
because of the quality of the food many detainees complained of stomach problems that are not
being addressed by the medical staff.

VI. RELIGIOUS ISSUES 7
Of particular concern at this facility are religious dietary restrictions. This is the only
facility visited that does not accommodate special dietary needs according to religious

5

According to the INS Detention Standard entitled “Visitation,” “The facility’s written rules shall specify
time limits for visits: 30 minutes minimum under normal conditions. INS encourages more generous limits
when possible especially for family members traveling significant distances to visit.”
6
According to the INS Detention Standard entitled “Recreation,” “If outdoor recreation is available at the
facility, each detainee shall have access for at least one hour daily, at a reasonable time of day, five days a
week, weather permitting.”
7

According to the INS Detention Standard entitled “Religious Practices,” “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 their religion is ‘mainstream,’ whether the religion is ‘Western’ or ‘Eastern,’ or
other such factors.”

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requirements. 8 A Hindu detainee, who has been a vegetarian all of his life, is unable to get a
vegetarian tray and has consequently lost a significant amount of weight since being detained.
During our visit we were able to observe a meal being served and noted that he would only be able
to eat a piece of cake and some coleslaw from his tray.
VII. OTHER CONDITIONS ISSUES
In addition to the conditions mentioned above, another issue of concern for indigent
detainees is hygiene. They do not receive a sufficient amount of soap for the month and are forced
to depend upon others to obtain an adequate amount of supplies.
In addition, grievances with staff reportedly are not addressed. As one detainee stated, “Here they
don’t listen to anyone. It doesn’t matter who you complain to or how many grievances you file,
they never want to listen to us.”
Of all the facilities visited, Virginia Beach raised the most concerns. The facility lagged
the furthest behind the INS Detention Standards and demonstrated shortcomings in policies and
practices which apparently adversely affect detainee wellbeing. These factors contributed to low
morale among detainees and an overall sentiment of sadness and desperation.

8

According to the INS Detention Standard entitled “Religious Practices,” “The food service will
implement procedures for accommodating, within reason, detainees’ religious dietary requirements.”

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