MEMORANDUM
March 7, 2008
CONFIDENTIAL
To:
From:
Copy to:
Subject:

James T. Hayes, Jr., Acting Director, Office of Detention and Removal,
Immigration and Customs Enforcement
American Bar Association Delegation to the Willacy Detention Facility1
b6
ABA Commission on Immigration
vational Tour of the Willacy Detention Facility,
Raymondville, Texas

This memorandum summarizes and evaluates information gathered at the Willacy
Detention Facility in Raymondville, Texas, during the delegation’s August 28, 2007 visit to
the facility. The information was gathered via observation of the facility by the delegation,
interviews with five detainees, and discussions with Willacy Detention Facility staff and
Immigration and Customs Enforcement (ICE) personnel.
I. IMMIGRATION AND CUSTOMS ENFORCEMENT DETENTION STANDARDS
In November 2000, the Immigration and Naturalization Service (INS),2 promulgated
the “INS Detention Standards” to ensure the “safe, secure and humane treatment” of
immigration detainees. The thirty-nine standards contained in the Detention Operations
Manual cover a broad spectrum of issues ranging from visitation policies to grievance
procedures. These standards apply to ICE-operated detention centers and other facilities that
house immigration detainees pursuant to a contract or intergovernmental service agreement
(“IGSA”).
The Detention Standards (the “Standards”) went into effect at ICE-operated detention
facilities on January 1, 2001. ICE intended to phase in the Standards at all of its contract and
IGSA facilities by December 31, 2002. The Standards constitute a floor rather than a ceiling
for the treatment of immigration detainees. In other words, they are designed to establish the
minimum requirements to which ICE must adhere in its facilities. Each Field Office has
discretion to promulgate policies and practices affording ICE detainees more enhanced rights
and protections beyond those provided for by the Standards.
II. INTRODUCTION
A. The Delegation’s Visit, August 28, 2007

1

The delegation was comprised of six attorneys:
,
b6
b6
b6
b6
b6
b6
and
.
b6
Effective March 1, 2003, the I
s an agency of the Department of Justice. The INS’s
immigration enforcement functions were transferred to Immigration and Customs Enforcement (“ICE”), a
division of the newly-created Department of Homeland Security (“DHS”).

On Tuesday, August 28, 2007 the members of the delegation visited the Willacy
b6, b7C
Detention Facility. The visit began with a meeting and presentation from
t Field Office Director (FOD) for the San Antonio, Texas Field Office; b6, b7C
b6, b7C
b6, b7C
, Assistant Officer in Charge (OIC); and
, Acting Officer in Charge.
These officers answered questions and then accompanied the delegates during a tour of the
b6, b7C
facilities. Warden
of facility contractor Management Training Corporation
(MTC) also accompanied delegates during their tour. After the tour, the delegates met with
five detainees for private interviews; all of the detainees requested anonymity in this report.
The delegates appreciate the cooperation and accommodation provided by these individuals
during the delegates’ visit.
This report is based on the delegates’ discussions with these officials, discussions
b6, b7C
b6
during the tour with
, Supervisor of Food Services;
ICE /
b6, b7C
MTC Contract Officer; Commanders
and b6, b7C Directors of Medical
Services; and interviews with detainees. While in some instances information provided by
ICE and MTC officials and in official facility documents was confirmed by detainees, in
many instances the detainees’ reports differed significantly from the information provided by
the ICE and MTC personnel.
We note that it is very unusual for all detainees who meet with an ABA
delegation to request anonymity. The fact that the facility has created special
procedures to file grievances directly with ICE and bypass facility staff, and that one
detainee reported that detainees fear retribution for filing grievances increases our
concern. We hope that ICE will be alert to this issue at the facility.
B.

The Willacy Detention Facility

1.

General Information

The Willacy Detention Facility houses federal immigration detainees. It is located on
the outskirts of the small farming community of Raymondville, Texas. It lies adjacent to a
100-bed state prison and a 500-bed detention center operated by the U.S. Marshall’s Service.
The facility has capacity for 2000 detainees.3 The detainee population on the day of the
delegation visit was 1216.4 This number was below the typical amount because the facility
had prepared for a possible evacuation due to Hurricane Dean.5 At other times, the detainee
population averages 1500-1700.6
Detainees at the Willacy facility were from twenty-three countries, including Mexico,
Panama, South Korea, Russia, El Salvador, Honduras, Guatemala, and Nicaragua.7 There
were no detainees from the Middle East at the Willacy facility.8 Detainees making asylum
3

Notes of delegation member
Notes of delegation member
5
Notes of delegation member
6
Notes of delegation member
7
Notes of delegation members
8
Notes of delegation member

b6

4

b6

b6

from presentation by Asst. FOD b6, b7C
from presentation by Asst. FOD
from presentation by Asst. FOD b6, b7C
from presentation by Asst. FOD
b6
and
from presentation by Asst. FOD

b6

2

b6, b7C

claims are transferred to other facilities at Port Isabel, Texas, or Pearsall, Texas.9 A typical
detainee stay at the Willacy facility is twenty-one days.10 Longer stays, when they occur, are
usually due to delays in obtaining return documentation, or to pending claims for relief.11
The facility is funded for 109 ICE employees; however, currently there are only
approximately sixty ICE employees at the facility.12 Also, many ICE officers are often away
from the facility accompanying detainees or engaged in other off-site activities.13 There were
also 422 employees of the contractor MTC working at the facility.14 Most of the guards are
men between the ages of nineteen and twenty-four, with a high school education, earning
$6.00 to $7.00 per hour.15 They undergo a criminal background check before being hired.16
The guards receive eighty hours of academy training, followed by forty hours of on the job
training.17
2. Detention Center Facilities
The detention center building contains four immigration courts and a room for
attorney visitation.18 Usually one or two judges per week preside over immigration
proceedings.19
The detainees are housed in “sprung structures” made by Hale Mills.20 The outer
walls of these structures are constructed of a firm, rubbery, Kevlar fabric. During the
delegation’s visit, the delegation heard many complaints from detainees about water seeping
into the housing facilities at the bottoms of the structures.21 Complaints were also heard
regarding mold, flooding toilets, a lack of cleaning supplies, and insect and rodent
infestation.22

9

Notes of delegation member
Notes of delegation member
11
Notes of delegation member
12
Notes of delegation member
13
Notes of delegation member
14
Notes of delegation member
15
Notes of delegation member

.

b6

10

b6
b6
b6
b6

from presentation by Asst. FOD b6, b7C
from presentation by Asst. FOD
from presentation by Asst. OIC b6, b7C
from presentation of Asst. FOD b6, b7C
from presentation by Asst. OIC b6, b7C
from presentations by Asst. FOD b6, b7C and Acting OIC

b6, b7C
b6
f delegation member
from presentations by Asst. FOD b6, b7C and Acting OIC
However, one detainee reported guards snorting what appeared to be cocaine off of their desk in
b6
the pod during night duty. Notes of delegation member
from interview with detainee.
17
b6
Notes of delegation member
from presentations by Asst. FOD b6, b7C and Acting OIC
b6, b7C

b6, b7C

18

Notes of delegation member
b6
Notes of delegation member
20
b6
Notes of delegation member
21
Notes of delegation members
b6
with detainees; Notes of delegation member
b6
delegation member
22
b6
Notes of delegation members
member
from i
b6

from presentation by Asst. FOD
from presentation by Asst. FOD

19

b6, b7C

.
and
from intervie
with detainee.
,
and
b6
ee.
b6

b6

b6

3

b6

from interviews
nee; notes of
notes of delegation

There are ten housing units, each divided into four pods.23 Men and women may be in
the same building, but will be placed in separate pods.24 There are no children at the
facility.25 Each pod holds a maximum of fifty detainees; each building therefore holds a
maximum of 200.26 Each pod has distinct and separate areas for bunk beds and tables for
eating.27 The delegation was advised that construction would be occurring on some of the
pods to install some type of windows.28 At present, it is impossible to see outside while in
the pod. Each pod is approximately 13,000 square feet and contains five showers and five
toilets.29 Showers are available for use three times a day for three-hour periods, for a total of
nine hours of shower availability per day.30
Each detainee is issued shower shoes, clothing, a toothbrush and toothpaste.31
However, a detainee complained in an interview that detainees are issued used underwear
and towels that have not been washed.32 Another detainee noted that razors and
slippers/sneakers at the Willacy facility were re-used among different users.33 Also, newly
arriving detainees were issued old sneakers and socks with holes in them.34 Other detainees
indicated that they had been instructed not to say anything negative to the delegation about
the facility.35
Facility officials stated that when something breaks or does not work, it is fixed
immediately.36 They cited the example of an air conditioner that broke and was fixed within
an hour.37
III. LEGAL ACCESS STANDARDS
A. Visitation
1. Visitation by Attorneys
The Standards require that the facilities permit legal visitation seven days per week.38
Attorneys should have access to their clients eight hours per day during the week and four

23

b6
Notes of delegation member
.
Notes of delegation member
from presentations by Asst. FOD b6, b7C
b6
25
Notes of delegation member
from presentation by Asst. FOD
b6, b7C
b6
26
Notes of delegation member
from presentation by Asst. FOD
27
b6
Observations of delegation
,
and
b6
b6
28
Notes of delegation member
entation by Asst. FOD
b6
b6, b7C
29
Notes of delegation member
from presentation by Asst. FOD
30
Notes of delegation member
.
b6
31
Notes of delegation member
.
32
Notes of delegation member
from interview with detainee.
b6
33
Notes of delegation member
from interview with detainee.
34
Notes of delegation member
from interview with detainee.
b6
35
Notes of delegation member
from conversations with detainees at female pod –
b6, b7C
communication permitted by A
36
Notes of delegation member
b6
37
Notes of delegation member
38
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.

24

4

hours per day during the weekend.39 The visits must be private, and should not be
interrupted for head counts.40 The detainee handbook must include notification of the
visitation rules and hours, and these must also be posted where detainees can easily see
them.41
It is unclear whether the Willacy Detention Facility fully meets this section of the
Standards; some detainees indicated that their legal visits are generally terminated by
facility personnel at meal times. In addition, the detainee handbook does not list the
hours for legal visitation.42 According to Assistant Field Office Director b6, b7C legal
visitation is permitted seven days a week, with no time limitations.43 Officer b6, b7C also said
meals are provided after visitation to detainees whose legal visits occur during or continue
through meal times.44 However, some detainees stated that visits are generally terminated by
facility personnel at meal times.45 Another detainee reported that he had been permitted to
continue meeting with his attorney through meal times, and had not experienced any other
problems with visits from his attorney.46
2. Visitation by Family and Friends
The Standards require that facilities establish written visitation hours and procedures,
post them where detainees can see them, and make them available to the public.47 The
visiting area is to be “appropriately furnished and arranged, and as comfortable and pleasant
as practicable.”48 Visiting hours shall be set on Saturdays, Sundays, and holidays, and the
Standards encourage facilities to accommodate visitors at other times when they are facing a
particular hardship.49
It is unclear whether the Willacy Detention Facility fully meets this section of the
Standards; detainees gave conflicting reports regarding whether visitation is
accommodated at non-standard times when visitors face a particular hardship. The
Willacy facility provides space for visitation from family and friends.50 Visitation from
family and friends is permitted on Saturdays for men and on Sundays for women.51 Officer
52
b6, b7C said the hours for this visitation are from 8:00 a.m. until 9:00 p.m.;
a detainee
confirmed that visitation is “most of the day” with a lunch break.53 However, detainees gave
conflicting answers regarding whether the facility will make arrangements for visitation at
39

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.9.
41
Detention Operations Manual, Detainee Services, Standard 17, Section III.B.
42
Willacy County Processing Center, Detainee Handbook, p. 15.
43
Notes of delegation member
from conversation with Asst. FOD
b6, b7C
b6
44
Notes of delegation member
from conversation with Asst. FOD
45
b6
Notes of delegation members
and
from interviews with detainees.
b6
46
b6
Notes of delegation member
from interview with detainee.
47
Detention Operations Manual, Detainee Services, Standard 17, Sections III.A & B.
48
Detention Operations Manual, Detainee Services, Standard 17, Section III.G.
49
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
50
b6
Observation of delegation member
51
Notes of delegation member
from conversation with Asst. FOD b6, b7C
b6
52
Notes of delegation member
from conversation with Asst. FOD
53
b6
Notes of delegation member
from interview with detainee.
40

5

other times when a hardship exists: one said the rules are strictly enforced with no
exceptions, while another said accommodations are made.54
Members of the news media may generally visit the facilities, but must obtain the
signed consent of any detainee before interviewing or photographing the detainee.55 Those
wishing to interview detainees must submit a written request at least twenty-four hours
before the interview is to occur.56
B. Telephone Access
1. General Requirements
The Standards require that facilities provide detainees with reasonable and equitable
access to telephones during facility waking hours.57 The facility must provide at least one
working telephone for every twenty-five detainees.58 Telephone access rules must be
provided in writing to each detainee upon admittance, and the rules must be posted where
detainees may easily see them.59 If the facility monitors calls, notice of such monitoring must
be displayed, along with instructions for requesting an unmonitored call to a legal
representative.60
The Willacy Detention Facility substantially meets this section of the Standards;
however, detainees reported that the phones do not always work and at times cut off a
conversation. Each pod, intended for a maximum of fifty detainees, has three telephones on
a side wall.61 Therefore, the required ratio of telephones to detainees is provided. Detainees
are provided with telephone access rules.62
According to Acting Officer in Charge b6, b7C , one ICE officer per shift visits each
pod and selects a random telephone and random number to do a test call.63 However, a
detainee who had been present at the Willacy detention facility for several months said he
had never seen anyone complete such a test call; instead, the detainee said officers just pick
up the receiver and listen for an operator.64 Also, that detainee said there was one week when
none of the phones in his pod were working.65 Another detainee said phone service was
often cut off while he was speaking to his attorney.66 A detainee also reported that, after a
54

b6
b6
Notes of delegation members
and
from interviews with detainees;
b6
notes of delegation member
from interview with detainee
55
Notes of delegation member
from presentation by Asst. FOD b6, b7C
b6
56
Notes of delegation member
from presentation by Asst. FOD
57
Detention Operations Manual, Detainee Services, Standard 16, Sections I & III.A.
58
Detention Operations Manual, Detainee Services, Standard 16, Section III.C.
59
Detention Operations Manual, Detainee Services, Standard 16, Section III.B.
60
Detention Operations Manual, Detainee Services, Standard 16, Section III.K.
61
b6
Observation of delegation member
.
62
b6
Notes of delegation member
from interview with detainee; observation of delegation
member
b6
63
Notes of delegation member
from conversation with Acting OIC b6, b7C
64
Notes of delegation member
from interview with detainee.
b6
65
Notes of delegation member
from interview with detainee.
66
Notes of delegation member
from interview with detainee.
b6

6

detainee had placed a telephone call to local media, that phone number was “blocked” and
unavailable thereafter.67
Detainees are permitted to purchase calling cards for international calls.68 Warden
b6, b7C
said these cards provide approximately forty-five minutes of calling time for the
price of $10.00;69 however, a detainee reported that a $10 card was good for only
approximately twenty-five minutes of calling time within the United States, or for a threeminute call to El Salvador.70
2. Direct Calls and Free Calls
Facilities must permit detainees to make direct calls to courts, government offices, and
in case of emergency, and indigent detainees must be able to make these calls for free if there
is a compelling need.71 Facilities must also permit all detainees to make free calls to consular
offices and to the free legal service providers on the ICE-provided list.72
The Willacy Detention Facility does not meet this section of the Standards;
non-indigent detainees are not entitled to make free calls, and one indigent detainee
had never been able to place a free call to a legal services provider. The telephones in
the pods require a paid calling card to be used in order to make a call.73 These calling
cards can be purchased in the commissary.74 According to Officer b6, b7C if a
detainee is indigent, the detainee can submit a written request and sometime later will be
taken to the intake area and permitted to make a call.75 According to one detainee, forms
for such call requests are distributed only on Mondays and Wednesdays.76 Another
detainee reported that he has never been able to place a free call to a legal service
provider, despite his indigence.77
Phone numbers for several pro bono legal service providers and consular offices were
provided.78 However, one detainee reported that the posted number for his embassy was
wrong for three to four months.79 Another reported that the list of numbers in his pod had
only recently been added.80 A third detainee also reported that this list had only been posted
two to three weeks before the delegation’s visit; prior to that there had been no list.81 Finally,
the list of contacts was provided only in English, even though the majority of detainees at the
67

b6
Notes of delegation member
from interview with detainee.
Notes of delegation member
from conversation with Warden
b6
b6, b7C
69
Notes of delegation member
from conversation with Warden b6, b7C
b6
70
Notes of delegation member
from interview with detainee.
71
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
72
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
73
b6
Observation of delegation m
.
74
b6
Notes of delegation member
.
75
Notes of delegation member
from conversation with Acting OIC b6, b7C .
b6
76
Notes of delegation member
terview with detainee.
77
b6
Notes of delegation member
from interview with detainee.
78
Observation of delegation member
b6
79
Notes of delegation member
from interview with detainee.
b6
80
b6
Notes of delegation member
from interview with detainee.
81
b6
Notes of delegation member
from interview with detainee.

68

7

Willacy detention facility are native Spanish speakers.82 According to Officer b6, b7C
guards and ICE officers make themselves available to assist detainees who have problems
using the phones.83
b6
Delegation member
attempted to place a call to a consulate and
b6, b7C
legal service provider, and was unable to reach either.84 MTC Warden
observed
b6
Ms.
difficulty and attempted to assist, but he also was unable to connect a call.85

3. Telephone Access to Legal Representatives
The Standards provide that the facility shall not restrict the number of calls a detainee
places to his or her legal representatives, nor the duration of such calls to less than twenty
minutes.86 The facility must provide a reasonable number of phones for detainees to make
private calls without being overheard by staff or other detainees.87 Legal calls should not be
electronically monitored without a court order.88 If the facility monitors calls, notice of such
monitoring must be displayed, along with instructions for requesting an unmonitored call to a
legal representative.89
The Willacy Detention Facility does not meet this section of the Standards:
telephones do not have privacy safeguards, and detainee phone calls are monitored but
there is no posted notice regarding how to make an unmonitored call. In addition, free
legal calls are generally limited to only ten minutes. The telephones are located on an
open wall with no partitions or other privacy measures to provide the required privacy from
officers, staff, or other detainees.90 According to detainees, all calls are recorded, including
calls with attorneys.91 Notice of such recording is provided, but the required instructions for
obtaining an unmonitored legal call are not provided.92 A detainee said free calls may only
be made in th
ea, and are only permitted on Mondays and Wednesdays.93
According to b6, b7C if a detainee is taken to the intake area to make a free call, such calls
are generally limited to no more than ten minutes in length, contrary to the requirement that
legal calls be permitted for at least twenty minutes.94

82

b6
Observation of delegation member
b6
Notes of delegation member
from conversation with Acting OIC b6, b7C
84
b6
Observations of delegation member
85
b6
Observations of delegation member
86
Detention Operations Manual, Detainee Services, Standard 16, Sections III.E & F.
87
Detention Operations Manual, Detainee Services, Standard 16, Section III.J.
88
Detention Operations Manual, Detainee Services, Standard 16, Section III.J.
89
Detention Operations Manual, Detainee Services, Standard 16, Section III.K.
90
b6
Observation of delegation member
91
b6
Notes of delegation member
from interview with detainee; notes of delegation member
b6
from interview with detainee.
tion member
from interview with detainee.
93
b6
Notes of delegation member
from interview with detainee.
94
Notes of delegation member
from conversation with Acting OIC b6, b7C

83

8

4. Incoming Calls and Messages
The facility must take and deliver telephone messages to detainees.95
The Willacy Detention Facility meets this section of the Standards. Detainees
reported that the facility does take telephone messages, and delivers them every few hours.96
C. Access to Library and Legal Material
All detention facilities “shall permit detainees access to a law library, and provide
legal materials, facilities, equipment and document copying privileges, and the opportunity to
prepare legal documents.”97
1. Library Access
Each detainee shall be permitted to use the law library for a minimum of five hours
per week.98 Detainees may not be forced to forego their minimum recreation time to in order
to use the law library.99
The Willacy Detention Facility does not fully meet this section of the Standards:
detainees reported that they must forego recreation time to use the library, and one
detainee reported waiting weeks to access the law library. At the Willacy Detention
Facility, detainees must place a request to use the law library, and then library use is
generally limited to one hour per day.100 Officials said that a second recreation hour was
being implemented, and that this second hour might be lost by a detainee who chose to use
the law library.101 However, a detainee reported that only one hour of recreation was
currently provided, and two detainees reported that using the law library meant losing
recreation time.102 One of these two detainees reported that he had to wait weeks for a
response to his request for access to the law library.103
2. Library Conditions
The Standards require that a facility provide a law library with sufficient space to
facilitate detainees’ legal research and writing.104 “It shall contain a sufficient number of

95

Detention Operations Manual, Detainee Services, Standard 16, Section III.I.
b6
Notes of delegation member
from interview with detainee; notes of delegation member
b6
from interview with detainee.
97
Detention Operations Manual, Detainee Services, Standard 1, Section I.
98
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
99
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
100
b6
Notes of delegation member
101
b6
Notes of delegation member
from conversation with detainee.
102
Notes of delegation member
from interview with detainee; notes of delegation
b6
member
from in
inee.
b6
103
b6
Notes of delegation member
from interview with detainee.
104
Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
96

9

tables and chairs in a well-lit room, reasonably isolated from noisy areas.”105 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.106
The Willacy Detention Facility substantially meets this section of the Standards.
The law library at the Willacy facility is a mobile home–style portable building located just
outside the main detention center building.107 The building is quiet and adequately lit.108
Limited tables, chairs, and writing implements are provided.109 The librarian will make
photocopies for detainees.110
3. Materials Required by Detention Standards
The Standards require that all facility law libraries contain the materials listed in
Attachment A to the chapter on Access to Legal Materials.111 These materials must be
updated regularly, and information must be added on significant regulatory and statutory
changes regarding detention and deportation of aliens in a timely manner.112 Damaged, lost,
or stolen materials must be promptly replaced.113
The Willacy Detention Facility does not fully meet this section of the
Standards; some, but not all, of the required materials were present.114 Update
materials were present but had not been filed with the appropriate reference materials.115
No one appeared able to explain to detainees how to conduct research using the available
resources, including computer resources.116
D. Group Rights Presentations
The Standards provide that facilities holding ICE detainees “shall permit authorized
persons to make presentations to groups of detainees for the purpose of informing them of
U.S. immigration law and procedures, consistent with the security and orderly operation of
each facility.”117 Informational posters are to be prominently displayed in the housing units
at least forty-eight hours in advance of a scheduled presentation.118 In addition, detainees

105

Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
107
b6
b6
Observation of delegation members
and
.
108
b6
Observation of delegation member
109
b6
Notes of delegation member
from interview with detainee; notes of delegation member
b6
from interview
b6
Notes of delegation member
from interview with detainee.
111
Detention Operations Manual, Detainee Services, Standard 1, Section III.C.
112
Detention Operations Manual, Detainee Services, Standard 1, Section III.E.
113
Detention Operations Manual, Deta
ndard 1, Section III.F.
114
b6
Observation of delegation member
115
Observation of delegation member
.
b6
116
b6
Observation of delegation member
117
Detention Operations Manual, Detainee Services, Standard 9, Section I.
118
Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
106

10

shall have regular opportunities to view an “INS-approved videotaped presentation on legal
rights.”119
The Willacy Detention Facility does not meet this section of the Standards;
detainees had not seen a videotaped presentation on legal rights. The detainees said they
had heard of others viewing a “Know Your Rights” videotape, but none of the five detainees
interviewed had been given an opportunity to see it.120 The detainees said they were not
aware of any live group rights presentations being conducted at this facility.121
IV. OTHER PROVISIONS OF THE ICE DETENTION STANDARDS
A. Correspondence and Other Mail
The Standards require that detainees be allowed to send and receive correspondence
in a timely manner, subject to limitations for safety, security, and orderly operation of the
facility.122 Incoming special correspondence – that from legal representatives, courts,
government officials, and the news media, may be inspected for contraband in the presence
of the detainee, but may not be read or copied.123 Outgoing special correspondence cannot
be opened, inspected, or read.124 The Standards also require that facilities provide indigent
detainees with free envelopes and stamps for legal mail.125
The Willacy Detention Facility does not fully meet this section of the Standards:
two detainees reported that outgoing special correspondence is opened and read, and
one detainee reported that detainees are only given postage for two to three letters total
per week. The procedure for sending mail at the Willacy facility is quite tedious. A
detainee wanting to send a letter must submit separate, written requests for a stamp and an
envelope, and wait for a period ranging from one day to one week for a response.126
Incoming “special correspondence” (legal mail) is opened in the detainee’s presence.127
Outgoing special correspondence is also opened and read.128 Detainees are allowed free
postage for only two envelopes per week within the United States, and one envelope per
week for international mail.129
119

Detention Operations Manual, Detainee Services, Standard 9, Section III.I.
b6
Notes of delegation member
from interview with detainee, notes of
b6
b6
delegation member
from interview with detainee, notes of delegation member
from interview with detainee.
121
b6
Notes of delegation member
from interview with detainee; notes of
b6
delegation member
ee; notes of delegation member
b6
from interview with
122
Detention Operations Manual, Detainee Services, Standard 3, Section I.
123
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
124
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & F.
125
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
126
Notes of delegation member
from interview with detainee.
b6
127
Notes of delegation member
from interview with detainee; notes of delegation member
b6
from interview with
b6
Notes of delegation member
from interview with detainee; notes of delegation member
b6
from interview with detainee.
Notes of delegation member
from interview with detainee.
b6
120

11

B. Detainee Handbook
The Standards require that every Officer in Charge develop a site-specific detainee
handbook to serve as an overview of detention policies, rules, and procedures.130 Every
detainee should receive a copy of the handbook upon admission to the facility.131 The
handbook will be written in English and translated into Spanish and other prevalent
languages as appropriate.132 The handbook must include visitation hours and rules.133 The
handbook must notify detainees of the facility correspondence policy.134 The grievance
section of the handbook must provide notice of the opportunity to file both formal and
informal grievances and the procedures for filing grievances and appeals.135 The handbook
must provide notice of the facility’s rules of conduct and the sanctions imposed.136 It must
advise detainees of rights including the right to protection from abuse, right to freedom from
discrimination, and right to pursue a grievance.137 The handbook must also state that
detainees have the opportunity to submit written questions, requests, or concerns to ICE staff
and the procedures for doing so.138
The Willacy Detention Facility does not fully meet this section of the
Standards: the handbook does not inform detainees about how to contact ICE staff,
and does not advise detainees of their right to be free from abuse and
discrimination. The Handbook is written in English and Spanish.139 Two detainees
reported that they were provided with copies of the Handbook upon arrival at the
facility.140 The Handbook does not provide the hours and rules for visitation.141 The
Handbook does provide the facility’s official policy regarding correspondence.142
However, according to detainees, actual practice is far more restrictive than the official
policy: the Handbook states that detainees may mail up to two letters per day when the
facility pays postage, but detainees stated that they may only mail three pieces of mail per
week, and must submit separate requests for stamps and envelopes in order to do so.143
The Handbook does advise detainees of the opportunity to file formal and informal
grievances, and of the procedures for filing grievances and appeals.144 It does not,
however, provide information on how to submit written questions, requests, or concerns

130

Detention Operations Manual, Detainee Services, Standard 6, Section I.
Detention Operations Manual, Detainee Services, Standard 6, Section I.
132
Detention Operations Manual, Detainee Services, Standard 6, Section III.E.
133
Detention Operations Manual, Detainee Services, Standard 17, Section III.B.
134
Detention Operations Manual, Detainee Services, Standard 3, Section III.B.
135
Detention Operations Manual, Detainee Services, Standard 5, Section III.G.
136
Detention Operations Manual, Detainee Services, Standard 5, Section III.A.5.
137
Detention Operations Manual, Detainee Services, Standard 5, Section III.A.5.
138
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.
139
Willacy County Processing Center Detainee Handbook (hereinafter “Detainee Handbook”).
140
Notes of delegation member
from interview with detainee, notes of delegation member
b6
b6
from interview
Detainee Handbook IV, pp. 14-15.
142
Detainee Handbook IV, p. 16.
143
b6
Notes of delegation member
from interview with detainee.
144
Detainee Handbook IV, pp. 21-22.
131

12

to ICE staff.145 The Handbook does provide notice of the facility’s rules of conduct and
of sanctions that may be imposed.146 The Handbook includes an extensive section
concerning sexual assault, but otherwise does not address the rights of detainees to be
free from abuse or discrimination.147
Some of the provisions in the Detainee Handbook do not appear to be site-specific.
For example, the “General Rules for living area” make multiple references to windows,
however, there are no windows in the living areas at the Willacy Detention Facility.148 Also,
the Handbook includes provisions regarding Special Management Units,149 even though the
facility does not have Special Management Units.150
C. Recreation
The Standards require that all detainees be provided with access to recreational
programs, including at least one hour a day of recreation with access to natural light.151
Detainees shall have access to “fixed and movable equipment, including opportunities for
cardiovascular exercise and games and television in day rooms.”152
The Willacy Detention Facility does not fully meet this section of the Standards:
there was no fixed or movable exercise equipment or games in day rooms. Acting
Officer in Charge b6, b7C said detainees are provided with three one-hour outdoor recreation
periods per day (which contradicts what a detainee stated, below), and are supplied with balls
for basketball, soccer, and volleyball.153 The delegation observed detainees during their
recreation period on a concrete area approximately forty yards by forty yards, enclosed with
chain link fence.154 There was one basketball hoop, with no net.155 The detainees,
numbering at least thirty, also had one soccer ball.156 No other recreation equipment was
observed.157
A detainee said recreation is provided one hour per day, with a possible second hour
at the guard’s discretion.158 As an example of the guard’s discretion, he reported that one
guard had denied the detainees a second recreation period because the guard said he was
hung over and did not want to go outside.159 The detainee had never experienced a third

145

Detainee Handbook IV, pp. 21-22.
Detainee Handbook II, pp. 8-10;V, pp. 23-30.
147
Detainee Handbook VII, pp. 32-37.
148
b6
Detainee Handbook II.a, p. 9; observation of delegation member
149
Detainee Handbook II, p. 10.
150
Presentation of Asst. OIC b6, b7C
151
Detention Operations Manual, Detainee Services, Standard 13, Sections I & III.B.
152
Detention Operations Manual, Detainee Services, Standard 13, Section III.G.
153
b6
Notes of delegation member
from conversation with Asst. OIC b6, b7C
154
Observation of delegation member
155
Observation of delegation member
b6, b7C
156
Observation of delegation member
157
Observation of delegation member
158
Notes of delegation member
from interview with detainee.
b6, b7C
159
Notes of delegation member
from interview with detainee.
146

13

recreation hour.160 The detainee also said there have never been basketballs or volleyballs,
only a single soccer ball.161 If the soccer ball is kicked over the fence, it is not retrieved until
the following month.162
In the day rooms, the detainees have access to television, but no games were
observed.163 A detainee reported that the television is always kept on Spanish language
channels, despite the facility’s written policy that Spanish and English programming be
alternated each hour.164
D. Access to Medical Care
The Standards require that all detainees have access to medical services that promote
detainee health and general well-being.165 Each facility is required to have regularly
scheduled times, known as sick call, when medical personnel are available to see detainees
who have requested medical services.166 For a facility like the Willacy Detention facility
with over 200 detainees, there must be sick call five days per week.167 Facilities must also
have procedures in place to provide emergency medical care for detainees who require it.168
Facilities are required to provide initial medical screening, primary and emergency
medical care, and to arrange for specialized care in the local community.169 Facilities are
required to employ, at a minimum, a sufficient medical staff to provide basic exams and
treatments for all detainees.170 All new arrivals are to be screened for tuberculosis. A PPD
(skin) test is the preferred method; a chest x-ray is to be performed only if the PPD is
contraindicated.171
The Willacy Detention Facility substantially meets this section of the Standards;
however, one detainee reported that response time for medical requests is very slow,
and the facility uses chest x-ray rather than a PPD to test for tuberculosis. Health care
at the Willacy Detention facility is provided through the Division of Immigration Health
Services (DIHS), whose officers hold military rank.172 Newly arriving detainees receive a
medical screening from a nurse, which includes taking a medical history, vital signs,
checking for lice or skin lesions, and a chest x-ray to check for tuberculosis.173 Within ten
days, a physical exam is performed by a nurse or mid-level (non-physician) medical

160

Notes of delegation member
from interview with detainee.
Notes of delegation member
from interview with detainee.
b6
162
Notes of delegation member
from interview with detainee.
163
Observation of delegation member
.
b6
164
b6
Notes of delegation member
from interview with detainee.
165
Detention Operations Manual, Health Services, Standard 2, Section I.
166
Detention Operations Manual, Health Services, Standard 2, Section III.F.
167
Detention Operations Manual, Health Services, Standard 2, Section I.
168
Detention Operations Manual, Health Services, Standard 2, Sections III.A, D, & G.
169
Detention Operations Manual, Health Services, Standard 2,Section III.A.
170
Detention Operations Manual, Health Services, Standard 2, Section III.A.
171
Detention Operations Manual, Health Services, Standard 2, Section III.D.
172
b6
Notes of delegation member
om conversation with Asst. FOD b6, b7C
173
b6
Notes of delegation member
from presentation of Commander
b6, b7C
161

14

provider.174 The Clinical Director visits the clinic for two weeks out of each month, and is
out of town the other two weeks.175 There is no other physician on staff at the facility.176
When a detainee is judged to have medical needs beyond the competence of the
paraprofessional staff at the Willacy Detention Center, detainees are sent to local specialists
or to the detention center in Port Isabel, Texas (approximately fifty-eight miles away), which
has a physician available.177
Mental health care is provided by “master’s ready” licensed social workers.178 There
are no psychologists or psychiatrists on site.179 The Chief Mental Health Officer is in Miami,
Florida and does not visit the Willacy facility, and is consulted only by phone.180 The
b6
medical director, Dr.
visits once every two weeks.181 An official said that if a
detainee has suicidal ideation, the facility will contract with an off-site provider for
assistance.182
Detainees reported that to receive any kind of medical care, even as minor as overthe-counter medication for fever or a headache, they are required to fill out a request form,
and then wait for at least a day, sometimes several days, before being seen.183 One detainee
reported that the response time is so slow for medical attention that his symptoms have often
passed before care is provided.184
E. Access to Dental Care
Facilities are required to provide an initial dental screening within fourteen days of
arrival. If a dentist is not available, the dental screening shall be performed by a physician,
physician’s assistant, or nurse practitioner.186 For detainees detained less than six months,
the Standards require only emergency dental care, defined as care necessary to relieve pain,
trauma, or acute infection that endangers the health of the detainee.187
185

The Willacy Detention Facility appears to meet this section of the Standards.
Apparently a dental clinic was opened for detainees the week of the delegation’s visit.188
174

Notes of delegation member
Notes of delegation member
176
Notes of delegation member
177
Notes of delegation member
178
Notes of delegation member
179
Notes of delegation members
180
Notes of delegation members
175

b6

b6

from presentation of Commander
from presentation of Commander
from presentation of Commander
from presentation of Commander
from presentation of Commander
from presentation of Commander
and
from presentation
b6

b6, b7C

b6, b7C

b6, b7C

ation member
from presentation of Commander
b6, b7C
b6
Notes of delegation member
from presentation of Commander
183
b6
Notes of delegation member
from conversation with detainee; notes of delegation
b6
member
from conversation with detainee; notes of delegation member
from
b6
conversation with detainee.
184
b6
Notes of delegation member
from interview with detainee.
185
Detention Operations Manual, Health Services, Standard 2, Section III.E.
186
Detention Operations Manual, Health Services, Standard 2, Section III.E.
187
Detention Operations Manua
s, Standard 2, Section III.E.
188
b6
b6, b7C
Notes of delegation member
from presentation of Commander
.
182

15

One DIHS official said any dental care is also provided by the same nurses who provide
general medical care; there are no dentists or other dental professionals present.189
However, a different official stated that a dentist is on staff eight hours a day.190 A
detainee who had complained of tooth pain reported that he was seen only by a nurse,
Ms. b6 who told him he had cavities and that curing such medical conditions was not
the purpose of their clinic; she provided the detainee with Ibuprofen.191 The detainee was
not seen by a dentist or provided any other care.192
F. Hunger Strikes
The Standards require that all facilities follow accepted standards of care in the
medical and administrative management of hunger-striking detainees.193 Facilities must do
everything within their means to monitor and protect the health and welfare of the hungerstriking detainee and must make every effort to obtain the hunger striker’s informed consent
for treatment.194
At Willacy, if a detainee refuses to eat, that detainee is placed in solitary confinement
for observation therapy.195 Refusal to eat is considered a “hunger strike” if a person goes
seventy-two hours without food.196 No one at the Willacy Facility has yet refused food for a
sufficient period to be considered on a “hunger strike.”197
G. Detainee Classification System
The Standards require that detention facilities use a classification system and
physically separate detainees into different categories.198 Detainees must be assigned to the
least restrictive housing unit consistent with facility safety and security.199
Willacy is a low-level security facility, which means it houses only Level 1 and low
Level 2 detainees.200 The only felons at the Willacy facility are those that have committed
re-entry felonies.201

189

b6
b6, b7C
Notes of delegation member
from presentation of Comman
b6, b7C
b6
Notes of delegation member
from presentation of Commander
191
Notes of delegation member
from interview with detainee.
b6
192
Notes of delegation member
from interview with detainee.
193
Detention Operations Manual, Health Services, Standard 2, Section I.
194
Detention Operations Manual, Health Services, Standard 2, Section I.
195
b6
Notes of delegation member
from presentation of Commander
b6, b7C
196
Notes of delegation from presentation of Commander
b6, b7C
197
Notes of delegation from presentation of Commander
198
DOM Detainee Services, Detainee Classification System, Section I.
199
DOM Detainee Services, Detainee Classification System, Section III.F.
200
Presentation of Asst. OIC b6, b7C notes of delegation member
from comments by
b6
Warden b6, b7C
201
b6
Note
gation member
from comments of Asst. FOD b6, b7C

190

16

H. Detainee Grievance Procedures
The Standards require that every facility develop and implement standard procedures
for handling formal and informal detainee grievances.202 Translating assistance for both
formal and informal grievances must be provided upon request.203 The grievance section of
the detainee handbook must provide notice of the opportunity to file both formal and
informal grievances and the procedures for filing grievances and appeals.204 It must also
include the policy prohibiting staff from harassing, disciplining, punishing, or otherwise
retaliating against any detainee for filing a grievance. 205
The Willacy Detention Facility does not fully meet this section of the Standards;
illiterate detainees do not appear to have a means of filing a formal grievance, and the
detainee handbook does not provide required information regarding retaliation. In
addition, the delegation is concerned about reports of retaliation for filing grievances,
which have led ICE to advise detainees to bypass the facility grievance process and
submit complaints about staff directly to ICE. According to ICE, detainees are advised
that if they have complaints about MTC personnel they should hand such complaints d
to ICE officials to prevent MTC personnel from withholding the complaint.206 Officer b6, b7C
indicated that ICE had implemented this system because some detainees were fearful of
MTC guards, and some MTC guards were not providing request and complaint forms to
ICE.207 A detainee reported that many detainees do not file grievances because they believe
the system for responding to grievances is inadequate, and also because they believe they
will suffer retribution.208
Facility policy calls for a forty-eight-hour response time for the resolution of
complaints.209 Complaints are tracked by a computerized system.210 Any complaint alleging
criminal behavior is referred to the Willacy County Sheriff’s Office.211 If an illiterate
detainee wishes to make a complaint, he can do so orally.212
The detainee handbook describes procedures for filing grievances with facility staff,
and an appeals process.213 However, it does not include any policy prohibiting staff from
retaliation.

202

Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.A.
Detention Operations Manual, Detainee Services, Standard 5, Sections III.A.1 & 2.
204
Detention Operations Manual, Detainee Services, Standard 5, Section III.G.
205
Detention Operations Manual, Detainee Services, Standard 5, Section III.G.
206
b6
Notes of delegation mem
from comments of Asst. FOD b6, b7C
207
b6
Comment of Asst. FOD b6, b7C to delegation member
208
Notes of delegation mem
from interview with detainee.
b6
209
Comment of Asst. FOD
to delegation member
210
b6
Comment of Asst. FOD b6, b7C to delegation member
211
Comment of Asst. FOD
to delegation member
212
Notes of delegation member
.
b6
213
Detainee Handbook IV, p. 2
203

17

I. Disciplinary Policy
Each facility holding ICE detainees must have a detainee disciplinary system which
has “progressive levels of reviews, appeals, procedures, and documentation procedures.”214
The disciplinary policy must clearly define detainee rights and responsibilities, and any
disciplinary action taken must not be capricious or retaliatory.215 The Detainee Handbook
must notify detainees of the disciplinary process, the prohibited acts and disciplinary severity
scale, and the procedure for appeals.216
The Willacy Detention Facility appears to meet this section of the Standards.
The Detainee Handbook lists prohibited acts and potential sanctions for disciplinary
violations.217 Officer b6, b7C stated that discipline problems were rare, and that in each
circumstance the “whole picture” regarding the disciplinary violation was considered.218
J. Special Management Units
The Standards require that each facility establish a Special Management Unit (“SMU”) that
will isolate certain detainees from the general population.219
The Willacy Detention Facility does not meet this Standard; the facility does not
have any Special Management Unit.220 The Willacy Detention Facility detains only “Level
I” and “low Level II” detainees.221
K. Staff-Detainee Communication/ICE Presence at the facility
The Standards require procedures for formal and informal contact between key
facility staff, ICE staff, and detainees, and to permit detainees to make written requests.222
The Willacy Detention Facility meets this section of the Standards; detainees
may submit request and complaint forms to ICE officials. According to ICE officials,
detainees are advised that if they have complaints about MTC personnel they should hand
such complaints directly to ICE officials to prevent MTC personnel from withholding the
complaint.223 Officer b6, b7C indicated that ICE had implemented this system because some

214

Detention Operations Manual, Security and Control, Standard 5, Section III.A.1.
Detention Operations Manual, Security and Control, Standard 5, Sections III.A.1 & 2.
216
Detention Operations Manual, Security and Control, Standard 5, Section III.L.
217
Detainee Handbook V, pp. 24-30.
218
b6
Notes of delegation member
from conversation with Asst. FOD b6, b7C
219
Detention Operations Manual, Security and Control, Standard 14, Section I.
220
Presentation of Asst. OIC b6, b7C notes of delegation member
from comments by
b6
Warden b6, b7C
221
b6
Presentation of Asst. OIC b6, b7C notes of delegation member
from comments by
Warden b6, b7C
222
Detention Operations Manua
ices, Standard 15, Section I.
223
b6
Notes of delegation member
215

18

detainees were fearful of MTC guards, and some MTC guards were not providing request
and complaint forms to ICE.224
L. Religious Practices
The Standards require that detainees of different religions be provided with
reasonable opportunities to participate in religious practices.225 Access to religious materials
such as prayer beads, prayer rugs, and religious medallions is required.226 Opportunities will
be constrained only by concerns for safety, security, orderly operation, and extraordinary
cost.227 Facilities must make “all reasonable efforts to accommodate” special food services
required by a detainee’s religion.228
The Willacy Detention Facility appears to meet this section of the Standards. A
detainee said written notice provided to detainees states that religious services are provided
on Thursdays and Sundays, but the only religious services that actually occur are those
organized and conducted by detainees themselves.229 One ICE official said there is no
Jewish religious service,230 although another official said there is a rabbi “on standby.”231
b6
According to Supervisor of Food Services
special meals are provided
according to detainees’ religious requirements, and the timing of meals is also modified as
required by religious requirements such as Ramadan.232
M. Voluntary Work Program
The Standards require that all facilities with work programs provide each detainee
who is mentally and physically able with the opportunity to work and earn money.233
The Willacy Detention Facility meets this section of the Standards. Assistant
Field Office Director b6, b7C indicated that detainees may earn $1.00 per day by volunteering
to perform various tasks.
N. Food Service
The Standards state that “the policy of INS [now ICE] is to provide nutritious and
appetizing meals, efficiently, and within budget restrictions, manpower, resources,
equipment, and physical layout.235 It is the responsibility of all food service employees to
224

b6
Comment of Asst. FOD b6, b7C to delegation member
Detention Operations Manual, Detainee Services, Standard 14, Section I.
226
Detention Operations Manual, Detainee Services, Standard 14, Section III.K.
227
Detention Operations Manual, Detainee Services, Standard 14, Section I.
228
Detention Operations Manual, Detainee Services, Standard 14, Section III.M.
229
Notes of delegation member
from conversation with detainee.
230
Notes of delegation member
from conversation with Asst. OIC b6, b7C
b6
231
Notes of delegation member
from conversation with Acting OIC b6, b7C
232
Notes of delegation member
from conversation with Supervisor of Food Services
b6
.
Detention Operations Manual, Detainee Services, Standard 37, Sections I & III.A.
234
Notes of delegation member
from comments of Asst. FOD b6, b7C
b6
235
Detention Operations Manua
ces, Standard 7, Section I.

225

19

b6

maintain a high level of sanitation in the food service department.236 Facilities must also
comply with detailed rules for food temperature and handling.237
The Willacy Detention Facility appears to meet this section of the Standards. A
large number of complaints had been received from detainees concerning food issues,238
including well-publicized incidents of maggots in food.239 The facility has taken steps to
improve food safety. The facility has implemented new storage areas and procedures which
provide proper temperature and storage conditions for food.240 Recently, ICE/MTC were
instructed to remove wooden pallets from food storage, and they were in the process of doing
so during the delegation’s visit.241 All food items are dated immediately upon receipt to
ensure freshness when served.242 However, detainees reported that they are served milk and
bread on the day they expire, and the milk sometimes tastes sour.243 Temperatures in food
storage areas are checked and logged several times a day.244 Kitchen utensils are stored in a
secure area.245 Meals are covered with clear cellophane during transportation from the
kitchen to detainee dormitories.246
In the kitchen, dishes are washed by hand in water heated to 180 degrees
Fahrenheit.247 However, in the housing areas, detainees who are required to clean the eating
areas reported that they are never given any soap or other cleaning fluids.248
O. Environmental Health and Safety
The Standards require that environmental health conditions be maintained at a level
that meets recognized standards of hygiene.249 In addition, each facility must contract with
pest control professionals to perform monthly inspections.250
The Willacy Detention Facility does not meet this Standard: detainees reported
that the facility floods and there are problems with mold, rodents, and lack of cleaning
236

Detention Operations Manual, Detainee Services, Standard 7, Section III.H.
Detention Operations Man
inee Services, Standard 7, Section III.C.
238
Presentation by Asst. FOD b6, b7C
239
ust
alley Morning Star (July 21, 2007); notes of delegation members
b6
b6
and
from interview with detainee.
b6
Notes of delegation member
from conversation with Supervisor of Food
b6
Services
241
b6
Notes of delegation from presentation of Supervisor of Food Services
242
b6
Notes of delegation member
from conversa
isor of Food
b6
Services
243
b6
Notes of delegation member
from interview with detainee; notes of delegation member
b6
from interview with detainee.
244
Notes of delegation member
from conversation with Supervisor of Food
b6
b6
Services
245
Observation of delegation member
b6
246
Observation of delegation member
247
b6
Notes of delegation member
from conversation with Supervisor of Food Services
237

b6
b6
Notes of delegation member
from interview with detainee.
249
Detention Operations Manual, Security and Control, Standard 7, Section III.R.
250
Detention Operations Manual, Security and Control, Standard 7, Section III.M.

20

supplies. During the delegation’s visit, the delegation heard many complaints from detainees
about water seeping into the housing facilities at the bottoms of the structures.251 Complaints
were also heard regarding mold, flooding toilets, a lack of cleaning supplies, and insect and
rodent infestation.252
P. Issuance of Clothing and Towels
Detainees must be provided with clean clothing, linens, and towels on a regular basis
to ensure proper hygiene.253
The Willacy Detention Facility does not meet this Standard: a detainee stated in
an interview that detainees are issued used underwear and towels that have not been
washed.254
V. CONCLUSION
The Willacy Detention Facility meets the requirements of several of the ICE
Detention Standards, but fails to meet a number of sections. To achieve better compliance
with ICE Detention Standards, the following recommendations are offered:
1.

Detainees should be able to view a video available in Spanish and English
regarding their rights and information regarding the detention facility and
processes when they arrive at the facility. Each detainee should sign a form
confirming that this information was provided during the intake process. Another
alternative would be to provide Know Your Rights and facility procedures
presentations as an update video shown in each pod on a regular schedule.

2.

Telephones for making private legal calls should be available to detainees.

3.

Random checks should be conducted of the telephone system and phone calls
should actually be made without a calling card each day from the phones in each
pod to the numbers listed there for OIG, a randomly selected consulate, and a
randomly selected pro bono legal service provider. Calls should be permitted for
at least the twenty minutes required by the Standards. Also, an investigation
should be made regarding the number of minutes afforded by calling cards sold in
the commissary due to the wide discrepancy in the representations of Warden
b6, b7C
and the reports of detainees.

4.

Within the law library, the materials that are provided must be updated and the
materials should be enhanced to include all of those items on the list. There

251

b6
b6
b6
Notes of delegation members
, and
from interviews
b6
with detainees; notes of delegation member
from interview with detainee; notes of
b6
delegation member
from interview with detainee.
252
b6
Notes
embers
,
and
notes of delegation
b6
b6
b6
member
from in
ee.
253
Detention Operations Manual, Detainee Services, Standard 10, Section III.E.
254
b6
Notes of delegation member
from interview with detainee.

21

should be someone available who does know how to conduct Lexis-Nexis
research on the computer in order to provide detainees with information regarding
how to conduct research.
5.

The guard within the pod should be able to provide the necessary stamps and
envelopes without a formal request by the detainee.

6.

Outgoing special correspondence should not be opened or read.

7.

The Detainee Handbook should be reviewed and revised to conform to the
Standards and to actual practices and conditions of the Willacy Detention Facility.

8.

The Detainee Handbook should include a policy prohibiting staff from retaliating
against any detainee for filing a grievance.

9.

Additional recreation equipment should be provided.

10.

No personal hygiene items or slippers should be re-used. There should be an
inventory of personal items being provided to make sure that re-used items are not
being provided to the detainees. In addition, there should be a back-up way to
request additional sheets if for some reason the laundry run does not return the
sheets of the detainee on a timely basis.

In addition, the delegation suggests that random audits be conducted regarding responses
to medical care. Further, the medical staff did not seem to be prepared to handle mental
health issues. Communicating by phone with one psychologist in Miami is insufficient to
handle psychological issues. Provisions should be made for local consultations and local
patient care for mental health issues. Finally, random, unannounced audits of the facility
should be conducted by an outside third party on a regular basis.

22

and

b6

b6

b6

b6

b6

b6

Facility Name: Willacy Detention Center, Raymondville, TX
Date of Tour: March 7, 2008
Tour Participants: The delegation was comprised of six attorneys:
b6

e Detainee Services Standards unless otherwise indicated. Standards excerpts are typed verbatim. Issues are generally listed in their order from the Report.
Report comments in bold are priority issues for ICE-ABA discussion.
ICE Standard*
1. Standard 17, Visitation
ƒ III.B. Notification. The facility shall provide
written notification of visitation rules and hours
in the detainee handbook …. The facility shall
also post these rules and hours where detainees
can easily see them.
2. Standard 17, Visitation
ƒ III.H. The facility’s written rules shall specify
time limits for visits: 30 minutes minimum,
under normal conditions. Facilities are
encouraged to accommodate visitors at other
times when they are facing a particular
hardship.
3. Standard 17, Visitation
ƒ III.I.2. Hours. The facility shall permit legal
visitation seven days a week, including holidays.
It shall permit legal visits for a minimum of
eight hours per day on regular business days,
and a minimum of four hours per day on
weekends and holidays. … On regular business
days, legal visitations may proceed through a
scheduled meal period.

Delegation Report

Source

ƒ

The detainee handbook does not list the
hours for legal visitation. (p.5 ¶2)

Detainee
Handbook

ƒ

Detainees gave conflicting reports
regarding whether visitation is
accommodated at non-standard times
when visitors face a particular hardship:
one said accommodations are not made.
(p.5 ¶4)

Anonymous
detainees

ƒ

Some detainees indicated that their legal
visits are generally terminated by facility
personnel at meal times. Facility staff
stated that meals are provided. (p.5 ¶2)

Anonymous
detainees

ABA Commission on Immigration - Detention Standards Implementation Initiative

ICE
Response

10/28/2008

1

ƒ

ƒ

ƒ

ƒ
ƒ

Anonymous
detainees;
Officer

Non-indigent detainees are not entitled to
make allowable free calls; paid calling
cards are required to make a call. (p.7 ¶4)
One indigent detainee had never been able
to place a free call to a legal service
provider. (p.7 ¶4)

Delegation
observations

Telephones do not have privacy
safeguards. (p.8 ¶4)
Detainee phone calls are monitored but
there is no posted notice regarding how to
make an unmonitored call. (p.8 ¶3)

Delegation
observations;
Anonymous
detainees

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C

ƒ

Detainees reported that the phones do not
always work and at times cut off a
conversation. (p.6 ¶5)
Free legal calls are generally limited to
only ten minutes. (p.8 ¶4)

b6, b7C

4. Standard 16, Telephone Access
ƒ I. Facilities holding [ICE] detainees shall permit
them to have reasonable and equitable access to
telephones.
ƒ III.F. The facility shall not restrict the number
of calls a detainee places to his/her legal
representative, nor limit the duration of such
calls by rule or automatic cut-off, unless
necessary for security purposes or to maintain
orderly and fair access to telephones. If time
limits are necessary for such calls, they shall be
no shorter than 20 minutes, and the detainee
shall be allowed to continue the call if desired,
at the first available opportunity. The facility
may place reasonable restrictions on the hours,
frequency and duration of the other direct
and/or free calls listed above [i.e., “other” than
calls to detainee’s legal representatives].
5. Standard 16, Telephone Access
ƒ 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. The facility shall enable all detainees to
make calls to the [ICE]-provided list of free
legal service providers and consulates at no
charge to the detainee or the receiving party.
6. Standard 16, Telephone Access
ƒ III.J. The facility shall ensure privacy for
detainees’ telephone calls regarding legal
matters. For this purpose, the facility shall
provide a reasonable number of telephones on
which detainees can make such calls without
being overheard by officers, other staff or other
detainees. Facility staff shall not electronically
monitor detainee telephone calls on their legal
matters, absent a court order. If the facility
monitors calls, notice of such monitoring must
be displayed, along with instructions for
requesting an unmonitored call to a legal
representative.

Anonymous
detainee

10/28/2008

2

7. Standard 1, Access to Legal Material
ƒ III.C. The law library shall contain the
materials listed in Attachment A. … The
facility shall post a list of its holdings in the law
library.
8. Standard 1, Access to Legal Material
ƒ III.G. The facility shall…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. Detainees may not be forced to forgo
their minimal recreation time, as provided in
“Detainee Recreation,” standard to use the law
library.
9. Standard 9, Group Presentations on Legal Rights
ƒ III.I. Videotaped presentations. The facility
shall play [ICE]-approved videotaped
presentations on legal rights, at the request of
outside organizations. … The facility shall
provide regular opportunities for detainees in
the general population to view the videotape.
10 Standard 3, Correspondence and Other Mail
ƒ III.F. Inspection of Outgoing Correspondence
and Other Mail. Outgoing special
correspondence will not be opened, inspected,
or read.
11 Standard 3, Correspondence and Other Mail
ƒ III.I. Postage Allowance. Indigent detainees will
be permitted to mail a reasonable amount of
mail each week, including at least five pieces of
special correspondence and three pieces of
general correspondence.

ƒ

Not all of the required materials were
present. (p.10 ¶4)

Delegation
observations

ƒ

Detainees reported that they must forego
recreation time to use the library. (p.9 ¶5)
One detainee reported waiting weeks to
access the law library. (p.9 ¶5)

Anonymous
detainees

ƒ

None of the five detainees interviewed had
seen a videotaped presentation on legal
rights. (p.11 ¶1)

Anonymous
detainees

ƒ

Outgoing special correspondence is opened
and read. (p.11 ¶3)

Anonymous
detainees

ƒ

Detainees are allowed free postage for only
two envelopes per week within the United
States, and one envelope per week for
international mail. (p.11 ¶3)

Anonymous
detainee

ƒ

ABA Commission on Immigration - Detention Standards Implementation Initiative

10/28/2008

3

ƒ

Anonymous
detainee;
Commander

ƒ

There was no fixed or movable exercise
equipment or games in day rooms. (p.14 ¶2)

Delegation
observations

ƒ

Illiterate detainees do not appear to have a
means of filing a formal grievance. (p.17 ¶3)

Delegation notes

ƒ

There are reports of retaliation for filing
grievances, which have led ICE to advise
detainees to bypass the facility grievance
process and submit complaints about
facility staff directly to ICE. (p.17 ¶2)
There is no policy prohibiting staff
retaliation in the handbook. (p.17 ¶4)

Asst. FOD

The facility does not have any Special
Management Unit. (p.18 ¶4)

Officer

ƒ

ƒ

ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainee
Handbook
b6, b7C

ƒ

b6, b7C

One detainee reported that response time for
medical requests is very slow. (p.15 ¶3)
The facility uses an X-ray to check for
Tuberculosis, not a PPD as required. (p.14
¶5)

b6, b7C

12 Health Services Standard 2, Medical Care
ƒ I. All detainees shall have access to medical
services that promote detainee health and general
well-being.
ƒ III.D. A health care provider of each facility will
conduct a health appraisal and physical
examination on each detainee within 14 days of
arrival at the facility. All new arrivals are to be
screened for tuberculosis. A PPD (skin) test is the
preferred method; a chest x-ray is to be performed
only if the PPD is contraindicated.
13 Standard 13, Recreation
ƒ III.G. Detainees shall have access to fixed and
movable equipment, including opportunities for
cardiovascular exercise and games and television
in day rooms.
14 Standard 5, Detainee Grievance Procedures
ƒ III.A.2. Formal/Written Grievance. The OIC must
allow the detainee to submit a formal, written
grievance to the facility’s grievance committee. …
Illiterate, disabled, or non-English speaking
detainees shall be given the opportunity to receive
additional assistance upon request.
15 Standard 5, Detainee Grievance Procedures
ƒ III.D. Retaliation. Staff will not harass,
discipline, punish, or otherwise retaliate against
a detainee lodging a complaint.
Standard 5, Detainee Grievance Procedures
ƒ III.G. Detainee Handbook. … 5. The policy
prohibiting staff from harassing, disciplining,
punishing or otherwise retaliating against any
detainee for filing a grievance.
16 Security and Control Standard 14, Special Management
Unit
ƒ I. Each facility must establish a Special
Management Unit (“SMU”) that will isolate
certain detainees from the general population.

10/28/2008

4

17 Standard 15, Staff-Detainee Communication
ƒ III.B.3. Detainee Handbook. … The handbook
shall state that the detainee has the opportunity to
submit written questions, requests, or concerns to
ICE staff and the procedures for doing so ….
Security and Control Standard 5, Disciplinary Policy
ƒ III.A.5. The detainee handbook or equivalent …
shall provide notice of the … sanctions imposed
for violations of the rules. Among other things, the
handbook shall advise detainees of the following:
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
….
18 Security and Control Standard 7, Environmental Health
and Safety
ƒ III.R. Environmental health conditions must be
maintained at a level that meets recognized
standards of hygiene.
ƒ III.M. Each facility must contract with pest control
professionals to perform monthly inspections.

ƒ

19 Standard 10, Issuance of Clothing and Towels
ƒ III.E. Detainees shall be provided with clean
clothing, linens, and towels on a regular basis to
ensure proper hygiene.

ƒ

ƒ

ƒ
ƒ

The handbook does not inform detainees
about how to contact ICE staff. (p.12 ¶2)
The handbook does not advise detainees of
their right to be free from abuse and
discrimination. (p.13 ¶1)

Detainee
Handbook

Detainees reported that water seeps into the
housing facilities at the bottoms of the
structures. (p.3 ¶4)
Detainees also reported that there are
problems with mold, flooding toilets, a lack
of cleaning supplies, and insect and rodent
infestation. (p.3 ¶4)

Anonymous
detainees

A detainee said that detainees are issued used
underwear and towels that have not been
washed. (p.4 ¶2)

Anonymous
detainee

ABA Commission on Immigration - Detention Standards Implementation Initiative

10/28/2008

5