MEMORANDUM
TO:

Anthony S. Tangeman,
Deputy Executive Assistant Commissioner Office of Detention and Removal

FROM:

Lawyers Without Borders, Inc. Delegation to the York Correctional Institution 1

RE:

Report on Observations during a General Tour of the Niantic, CT facility

DATE:

January 16, 2003

This memorandum summarizes and evaluates information gathered at the York
Correctional Institution, Niantic, Connecticut (“York”), through interviews with detainees,
observations of the delegation staff, and discussions with INS and York personnel on the
November 7, 2003 visit.
INS Detention Standards
The Immigration and Naturalization Service promulgated the “INS Detention Standards”
in November 2000 to insure the “safe, secure and humane treatment of individuals detained by
the INS.” The thirty-six Standards contained in the Detention Operations Manual cover a broad
spectrum of issues ranging from visitation policies to grievance procedures and food service.
These standards apply to INS Service Processing Centers (“S.P.C.”), Contract Detention
Facilities (“C.D.F.”), and state and local government facilities used by the INS through
Intergovernmental Service Agreements (“I.G.S.A.”). The Detention Standards went into effect
at INS S.P.C.s on January 1, 2001. The INS proposed to phase-in the standards in its contract
facilities, and state and local facilities, by the year 2003. The Detention Standards constitute a
“floor” not a “ceiling” for treatment of INS detainees. In other words, they are meant to
establish the minimal requirements that INS must adhere to in its facilities. Each District Office
or Officer in Charge ("OIC") may, in his or her discretion, promulgate policies and practices
affording INS detainees more enhanced rights and protections than those provided for by the
Standards.
York Correctional Institution is a high-security prison used to house female detainees on
behalf of the INS through an I.G.S.A. At the time of the visit, it housed 58 detainees from
various nations, the majority of whom were women from Colombia. 2 Generally, the average
stay appears to be 60 days, although shorter and significantly longer stays (up to 14 months)
were mentioned to the delegation staff during the visit. 3 Ninety percent of the detainees are
“criminals” awaiting deportation because of their criminal offenses and the remaining 10% are in

1

b6
b6
The delegation was comprised of
Esq., Pepe & Hazard LLP;
Esq.,
b6
Lawyers Without Borders, Inc. (Kelly Law Registry);
Esq., Lawyers Without Borders, Inc.; b6
b6
b6
student, University of Connecticut School of Law;
Esq., Cohn, Birnbuam & Shea, P.C.;
and
, Esq., Pepe & Hazard, LLP.
b6
2
b6
Ms.
notes.
3
b6
b6
Ms.
notes, Ms.
notes.

Date 5/18/2006 Time 5:11 PM

“court battles” over their immigration status. 4 The majority of the women were brought to York,
via the INS Office in Hartford, from the Federal Correctional Institute in Danbury. Typically, a
few days before the completion of their prison sentences, the women were informed that they
would be turned over to the custody of the INS. They were then brought to Danbury from all
over the country, processed through the INS Office in Hartford, and then brought to York. They
are eventually deported back to the capital city of their home country. 5
This memorandum discusses the York facility’s implementation of the Standards. The
memo focuses on select portions of the Standards where INS implementation is of particular
importance for the achievement of their stated goal to insure the “safe, secure, and humane
treatment” of INS detainees. In particular, this memo focuses primarily on the four Legal Access
Standards : (1) Legal Materials; (2) Telephone Access; (3) Visitation; and (4) Group Rights
Presentations; as well as other issues of concern observed during the course of the tour.
I.

General Information

The Standards require that each facility “develop a site-specific detainee handbook to
serve as an overview of, and guide to, the detention policies, rules, and procedures in effect at the
facility. The handbook must also describe the services, programs, and opportunities available
through various sources including the facility.” 5 The handbook should constitute a
comprehensive guide to life in the facility and include, at a minimum, the information specified
in Section III, A through J of the Detainee Handbook Standard, of the Standards. The purpose
of the Handbook requirement is to give detainees notice of all applicable rules, policies, and
privileges of the facility. An I.G.S.A. is not obligated to create a new detainee handbook, and
may use their inmate handbook “provided [the procedures described in the handbook] meet or
exceed the objective represented by each standard.” 6
The Lead Warden and the INS District Officer both orally assured the delegation that
each detainee was given a copy of the Inmate Handbook upon admittance to the facility, and the
detainees interviewed each acknowledged receipt of the Inmate Handbook. According to Chief
b6, b7C
Warden
the handbook is available in English and Spanish. However, one
Spanish speaking detainee claimed that the Handbook was available only in English, and had
been translated to her in Spanish by her Embassy. 7
The Handbook pertains to inmates only, with no additional information regarding the
policies, procedures, and rules governing INS detainees. 8 Therefore, it does not inform the
detainees of the INS policies governing their rights. For instance, the Inmate Handbook includes
the prison’s policies and procedures governing telephone access, but does not inform the INS
detainees of the additional telephone access that a detainee is required to be offered per
4

Approximately 12 of the 58 women housed at York on November 7 did not yet have a final determination in their
b6
deportment hearings. Conversation with
Supervisor, INS Detention and Removal. Ms.
b6, b7C
notes.
5
Id.
5
Detention Operations Manual, (hereinafter “DOM”), Standard 19, Detainee Handbook.
6
Id.
7
b6
Ms.
notes.
8
See “York Correctional Institution, Inmate Handbook”, attached.

2

Date 5/18/2006 Time 5:11 PM

Detention Operations Manual Standard 2, Telephone Access. 9 This is particularly troublesome
because most of the detainees are not in the position to question the conditions of their
confinement for the sole reason that they were recently prisoners. They may not understand that,
having completed their criminal prison sentences, they are no longer prisoners, and have
additional rights.
Our delegation was unable to ascertain whether at the Danbury Federal Correctional
Institution, the detainees were informed of the INS policies, procedures, and rules governing
detainees. The INS District Officer told our delegation that at the Hartford INS Sub-Office,
where the detainees are processed before being brought to York, the detainees often were given
the opportunity to view the video “Know Your Rights”, produced by the INS through the
Florence Project. He mentioned, however, that the detainees were usually uninterested in
viewing the video, and that it is seldom ever played for new detainees. 10
II.

Observation of Implementation of Legal Access Standards
A. Legal Access / Visitation

The range of permissible visitors includes: Consular officials, attorneys, legal
representatives, friends, family, and media.
i.

Visitation by Attorneys

The Standards provide that facilities should allow detainees to meet privately with their
current or prospective legal representatives and legal assistants and to meet with their consular
officials. The Standards specify that legal visitation should be allowed seven days a week for a
minimum of eight hours on weekdays and four hours on the weekends. 11 However, the Facility
policy indicates that detainee access to attorneys and other legal professionals is limited to the
normal visiting hours of the Facility. 12
Generally, the normal visitation hours are flexible, with visitation hours during the
mornings, afternoon and late evenings during the week. (Visiting hours are 8:00 a.m. – 10:45
a.m.; 12:30 p.m. – 2:15 p.m.; and 6:15 p.m. – 9:15 p.m. Monday, Wednesday, Friday and
Saturday or Sunday, depending on the inmate number. Tuesdays have no morning visiting
hours, and Thursdays do not have afternoon visiting hours. 13 ) Privileged visits, including
attorney visits, are encouraged to take place between the hours of 8:00 a.m. – 4:00 p.m., with
twenty-four hour advance notice preferred. 14 G-28’s or bar cards are not necessary. (The state
of Connecticut does not issue bar cards.) A photo identification card is required. 15 It was not
made clear to the delegation what procedures were used in the event that a detainee missed a
meal during an attorney visit. However, since advance notice is requested for attorney visits,
9

See Sec. 1. III, below.
b6
Ms.
notes.
11
DOM Standards 1: Visitation
12
Inmate Handbook, Part II, Section 10.H.1.A. Privileged Visit, at page 10.
13
Inmate Handbook, Attachment B, “Visits”
14
Supra, note 12.
15
Id.
10

3

Date 5/18/2006 Time 5:11 PM

attorneys have the ability to reserve a visiting room (normally assigned on a first come – first
served basis), and to arrange the visits around the meal schedule. 16 Given that advance notice of
an attorney visit is suggested, an attorney wishing to visit an individual in administrative or
disciplinary segregation should be able to arrange such a visit. Generally, individuals in
segregation are restricted to shorter or less frequent family visits, and fewer phone calls. 17
(Legal calls are allowed to individuals in segregation, but these calls must be approved by a
supervisor or counselor. 18 )
Visitation is also allowed on the weekends. The hours are posted at the visitors’ entrance
to the Facility, and are indicated in the Inmate Handbook. 19 There did not appear to be any
posting of hours within the visitation area. Private rooms are available for attorney visits in
order to allow for confidential meetings with clients. 20 The Inmate Handbook also indicates the
option of arranging for a non-contact visit.21 The delegation staff did not have the opportunity to
see the space provided for non-contact visits. Detainees are not strip searched after non-contact
visits, although it was unclear to the delegation staff whether detainees were generally aware of
the option for non-contact visits. Regardless of the option, however, it appears that most, if not
all, legal visits are “contact visits”, after which the detainees are subject to strip searches with no
requirement of cause. 22 This may amount to a blanket strip search policy by the facility,
although such a policy would violate the Standards. Please note that the detainee interviews
conducted by the delegation staff occurred in a reception area apart from the normal visitation
room, out of courtesy to the delegation. The detainees were not subject to strip searches after the
interviews.
ii.

Visitation by Family/Friends

The Facility policy indicates that each detainee is allowed 2, two-hour visits during the
week and 1, one-hour visit on one day of the weekend. 23 Visitation hours are as mentioned
above. All visits are contact visits, and detainees are subject to strip searches after each visit.
According to the Inmate Handbook, inmates will have contact visits unless “expressly designated
for non-contact visiting.” 24 There are no separate visiting rules and procedures for detainees.
There is a children’s area in the visitation center of the Facility, so detainees are able to have
visits with children.
The Facility has a fair visitation policy for family and friends, offering a range of hours
during the week and weekends. Considering the number of prisoners at the Facility, three total
visits per week for each detainee seems reasonable. With respect to legal visitation, however, the
Facility does not provide adequate visitation hours, nor does it inform the detainees that they
16

Inmate Handbook, Part II, Section 10.H.1.A. Privileged Visit, at page 10.,
See, Administrative Segregation, Restrictive Housing Unit, Unit Handbook, attached hereto, at “Administrative
Segregation Activity Schedule”.
18
Id.
19
Inmate Handbook, Visits, Attachment B.
20
b6
Ms.
s notes.
21
Inmate Handbook, Part II, Section 10.F.3. Non-Contact Visiting, at page 9.
22
Ms.
s notes.
b6
23
Inmate Handbook, Attachment B, “Visits”.
24
Inmate Handbook, Part II, Facility Services, 10 Visiting (F)(1)(c), p. 9.
17

4

Date 5/18/2006 Time 5:11 PM

should be afforded greater time for legal visitation. In addition, detainees are not explained the
option of requesting a non-contact visit in order to avoid being strip searched, and are thereby
subjected to a blanket strip search policy. 25
B.

Telephone Access

The Standards provide that facilities shall permit detainees to have reasonable and
equitable access to telephones. Generally, at least one telephone must be available for every 25
detainees. 26 York provides two telephones for each tier, housing 24 inmates/detainees. 27 The
Standards provide that even in I.G.S.A.s, as opposed to INS Detention Centers, calls to legal
representatives shall not be restricted in their number or duration, “unless necessary for security
purposes or to maintain orderly and fair access to telephones.” 28 The restrictions on telephone
access to contact legal representation at York, however, were excessive, as each detainee is only
allowed two unmonitored calls to her legal representative a month. (It is counted as a call even if
the legal representative is not reached.) 29 In addition, phone calls to attorneys are permitted only
between the hours of 9 a.m. and 3 p.m., whereas personal phone calls may be made from 8:30
a.m. – 9:30 p.m. 30 The Warden noted that the prison staff immediately advises detainees if their
attorney calls. Apparently, returned calls from attorney are not subject to duration or scheduling
limitations. 31
The inmate handbook provides instructions on how to use the telephones in English and
in Spanish. All telephone calls must be collect calls, with the exception of certain “free calls”
that are allowed to be placed. The detainees are allowed free calls to the offices of the public
defender, or other Legal Assistance offices. Additionally, from conversation with the INS
District Officer, calls to consulates and immigration courts were also allowed. However,
because of the collect call system, it is virtually impossible for an unrepresented detainee to
locate representation. In addition, the facility should expand the hours and days during which
detainees may call their legal representation. Currently, legal calls are limited to 30 minutes
each, unless the attorney makes a request for a longer call.
C.

Legal Materials

The Standards mandate the designation of a law library in each INS facility. 32 Each
library must be large enough to facilitate detainee research and writing in a well-lit and
reasonably quiet area. In addition to size, each library facility must have an adequate number of
tables and chairs, in order to provide access to all detainees who request to use the library. It
must also provide materials, equipment and library holdings sufficient to enable detainees to
research and prepare legal documents.

25

b6
Ms.
notes.
DOM Standard 14, Telephone Access.
27
Ms.
notes.
b6
28
DOM Standard 14, Telephone Access.
29
Ms.
notes.
b6
30
Ms.
31
b6
Ms.
notes.
32
DOM, Standard 4, Access to Legal Material.

26

5

Date 5/18/2006 Time 5:11 PM

i.

Library Conditions and Access

The Library was comfortable, well lit and spacious, and had typewriters available.
However, typically only five people are allowed to use the library at a time, significantly
affecting the library access available to detainees. Based upon interviews with detainees, it
appears that each group of 20-25 inmates/detainees is scheduled for a library visit only once a
week. Probably because of the library’s space limitations, of the 25 inmates/detainees in a group,
only 5 are actually allowed to use the library during the group’s scheduled time. 33 It appears that
library access is given upon a first-come, first-served basis. In addition, because only five people
actually were given access to the library during the scheduled library time, favoritism was also
cited as an impediment to gaining access to the library as it appeared that the same people were
chosen each time. 34 Apparently, an inmate or detainee may request access to the library at an
unscheduled time, but this type of access did not appear typical based upon interviews with the
detainees. 35 Generally, the detainees were allowed from 30 minutes to two hours at a time in the
library. 36 The facility does not provide adequate access to the library for detainees.
ii.

Materials Identified in Attachment A-2 of the Standards

Per DOM Standard 4, Access to Legal Materials, the library should contain the
publications listed in Attachment A-2 of the Standards. The library, however, only had a limited
number of legal books on immigration, and the volumes available were out-dated (1993). The
library had no legal materials in a foreign language. 37 The Florence Project packet “Know Your
Rights” was not available, but the INS District Officer stated that the CD version of this packet
would soon be ordered for York, although it was unclear whether this would be accompanied by
additional computers to be placed in the library. 38 (Computers are available in a computer lab
used for computer classes, but there are no computers in the library, and they are not readily
available for detainees to use in preparing their legal cases.. 39 ) The library has a librarian that
helps inmates and detainees order publications not currently in the library’s holdings. The
delegation staff, however, did not have the opportunity to speak with the librarian because the
library was closed during the visit. It is unknown whether the library has ordered the holdings
listed in the DOM. An effort should be made to supply the library with the materials listed in
Attachment A-2, and to have a procedure put into place that has these materials updated
regularly.
iii.
Photocopies and Mail
1. Photocopies
Per the Standards, facilities must make copies of detainees’ legal documents as
required for court filings. At York, the library staff will make one copy of any
legal document for a detainee, charging ten cents for each additional copy.40
33

b6
b6
See Ms.
notes, Ms.
notes, Ms.
notes.
b6
Ms.
notes.
b6
35
Ms.
notes.
36
b6
Ms.
notes, Ms.
notes.
b6
37
b6
Ms.
n
38
b6
Ms.
notes.
39
See Sec. IV, D, “Computer Access, Equipment and Holdings”, below.
40
Ms.
notes. (Conversation with Major b6, b7C Acting Chief of Support Services.)
b6

34

6

Date 5/18/2006 Time 5:11 PM

Other documents may be copied at ten cents per copy. One detainee noted,
however, that the detainee’s lawyer must make the request for copies of the legal
document. 41 If more than one copy of a legal document is required, and a detainee
is indigent, the library staff will make the additional copies upon request. A
detainee is determined to be indigent if her account has not exceeded $5.00 in the
past 90 days or if she had less than $5.00 on account at admission. 42 [
2. Mail
Overall, the facility appeared to offer INS detainees the same mail access as its
regular detainees. 43 This is problematic because the standards applied to the
general prison population do not reach those laid out in the Standards. 44
Specifically, since the inmate handbook does not contain the notifications
required under the Standards, the detainees should be provided in writing of the
mail facilities available to them. Also, without a separate detainee handbook, the
detainees are unaware that according to the Standards, incoming mail should be
opened in the presence of the detainee. (York, as an I.G.S.A., however, is only
asked to use this standard as a useful guideline.) Regarding special
correspondence (referring generally to legal correspondence), the Standards
require it to be inspected for contraband and that any such inspection “be in the
presence of the detainee”. Both prison staff and detainees reported that in
practice Niantic does not permit detainees to be present when “special
correspondence” is opened. 45
iv.

Computer Access and Equipment

The INS Detention Standards mandate that an adequate number of typewriters, and/or
computers, carbon paper, writing implements, writing tablets and non-toxic liquid paper be
available for use by the detainees.
The law library did not have computers, but did have several typewriters available.
Computers in a separate computer lab are available to the detainees, but generally only for use
during computer classes, including hardware repair classes. Detainees are not given access to
their own computer disks. The library did appear to have adequate equipment for detainees to
prepare their own legal documents. 46
D. Group Rights Presentations
The Standards provide that facilities shall permit authorized persons to make
presentations to groups of detainees for the purpose of informing them of U.S. immigration law
41

(b)(6)
Ms.
notes.
Inmate Handbook, Attachment F.
43
Mr. b6, b7C notes.
44
DOM Standard 9, Correspondence and other Mail.
45
Mr. b6
es.
46
Ms
notes.
b6

42

7

Date 5/18/2006 Time 5:11 PM

and procedures consistent with the security and orderly operations of the I.G.S.A. 47 All facilities
must cooperate fully with authorized persons seeking to make such presentations.
The INS District Officer would be accommodating to any group wishing to make a group
legal rights presentation within the guidelines. This was evidenced by the INS District Officer’s
willingness to host the delegation staff, and his full cooperation in allowing the delegation to
interview several detainees as it requested. In addition, the INS District Officer verbally agreed
to permit any attorneys, non-profits, or BIA certified organizations to make group presentations.
He noted that, to date, no organization had requested permission to make a group presentation,
and that therefore no group rights presentations had been made. 48
The Colombian Consulate regularly meets with and supplies information to Colombian
detainees. According to one detainee who was interviewed, the Consulate provided significantly
more information to detainees on their rights than the Facility or INS. 49
VI.

Other General Observations Unrelated to the Legal Access Standards
A.

Recreation Issues

The Standards require that “all facilities shall provide INS detainees with access to
recreational programs and activities, under conditions of security and supervision that protect
their safety and welfare.” 50 Every effort should be made to provide outdoor recreation facilities,
but lacking such, the recreation room should be large, with exercise equipment and having access
to sunlight. The York facility’s recreation areas consist of an indoor gymnasium and a large
outdoor recreation field.
i.

Indoor Recreation

Currently, there is no indoor recreation because inmates and detainees are
being housed in the gym. This overflow issue may soon be corrected
because the facility is scheduled to open a new housing building
containing 120 beds. 51 See below, Section VIII (C) Accommodations.
ii.

Outdoor Recreation

There was adequate space and equipment provided for outdoor recreation,
allowing for badminton games, volley ball, etc. 52 The detainees are
allowed 45 minutes of outdoor recreation time, five days per week. This
time, however, is often limited to 20-30 minutes per day. 53 According to
the Standards, each detainee shall have access to outdoor or indoor
47

DOM, Standard 3, Group Presentation on Legal Rights.
b6
Ms.
notes.
49
b6
Ms.
notes.
50
DOM, Standard 27, Medical Care.
51
Ms.
notes.
b6
52
b6
Ms
notes.
53
b6
Ms.
notes.
48

8

Date 5/18/2006 Time 5:11 PM

recreation at least one hour daily, five days per week. 54 The detainees at
York should be given additional recreation privileges to meet the
minimum requirements of the Standards.
B.

Medical Issues

Overall, the detainees interviewed considered the medical care provided to be good.
However, a few detainees noted that requests for medical services were frequently denied. 55 In
order to obtain medical treatment, the detainee must submit an “Inmate Request Form”,
indicating the type of treatment required and the nature of the problem. Even before the request
for treatment is made, the detainee is advised to purchase items from the Commissary, such as
cold remedies, motrin, antifungal cream and lotion, prior to being seen at Sick Call. 56 Making
such purchases, however, may be difficult for many detainees, even if they are not considered
indigent (having less than $5 in their account.). 57
C.

Detainee Classification

York classifies detainees according to the classification categories used for inmates, and
not according to the classification system outlined in the Standards. This is appropriate as long
as the INS objective of separating detainees by category is followed. The classification system at
York does not meet this INS objective. All of the detainees are of one classification, Level 3,
which signifies medium threat. 58 There is no opportunity to be re-classified to Level 2, the
lowest threat, even if the detainee demonstrates peacefulness and poses no threat. However,
detainees can be re-classified to a Level 4 or 5 if the detainee behaves badly. 59 The inmates and
detainees do wear color-coded clothes, which conforms to York’s classification system.
However, there is intermixing of the levels. Through interviews with detainees, it was learned
that the detainees are being housed along side Level 5 inmates. 60 Prison staff did distinguish
between inmates and “administrative detainees” in their responses to the delegation staff
questions. Apart from the difference in title, however, there was no visible distinction in
privileges, living conditions or treatment of the detainees. 61
D.

Administrative Segregation

The Standards state that administrative segregation is a non-punitive separation when
there is a threat to self, staff, other detainees, property or the security/orderly operation of the
facility. Administrative segregation also includes segregation pending a disciplinary proceeding,
but in no case may be used as a punishment. 62 There is, however, a separate Administrative

54

DOM Standard 27, Recreation.
b6
Ms.
notes, Ms.
notes.
b6
56
Ms.
notes.
b6
57
Ms.
notes.
58
b6
Ms.
notes.
59
Id.
60
b6
Ms.
notes, Ms.
notes.
b6
61
Ms.
notes.
62
DOM, Standard 30, Administrative Segregation.
55

9

Date 5/18/2006 Time 5:11 PM

Segregation Restrictive Housing Unit Handbook. 63 It does not appear that this handbook is
distributed to the general population upon entering the facility.
The Administrative Segregation Handbook provides for three phases of administrative
segregation. It limits the detainee’s privileges in accordance with the Phase of segregation. For
example, the handbook limits the amount of money that detainees may spend in the commissary,
and the number of family visits the detainee may receive. Phone calls are also limited, except for
legal calls as approved by a supervisor/counselor. Otherwise, the detainee’s privileges are
generally identical to those of the general population.
Notably, there is nothing in this handbook allowing for review or appeal of the segregation
designation, as required by the Standards. Also, it appears that administrative segregation may
be used as a disciplinary measure, which is clearly contrary to the INS Standards for
administrative segregation which state that administrative segregation must be non-punitive in
nature. Moreover, there are no regulations requiring that written orders be issued before
segregation begins, as required by the Standards.
Finally, it appears that segregated detainees do not enjoy all of the same privileges as the
general population, as required by the Standards. Rather, there are various restrictions on
visitation, phone calls, etc., depending on the Phase of segregation.
E.

Accommodations

Housing for INS detainees should be fully separated from the general prison population,
as indicated by both Facility and INS personnel. 64 At York, all detainees are housed in Building
2 South. 65 Notably, this same unit houses “all high security status” inmates and d inmates being
held on high bond,. 66 The delegation’s interviews with detainees confirmed that there were
several high security inmates in their unit. 67 It is disturbing and contrary to the Standards that
INS detainees are housed with high security inmates.
As a result of the overpopulation of the Facility, some newly admitted detainees were
subject to housing in the gym area amongst the general prison population. Dozens of inmates
and detainees were being housed in the gym, with floor mats for sleeping, until a new housing
unit is available. (This arrangement appeared to be temporary, although the delegation staff did
not learn of the target date for completion of additional housing units. Thus, the Facility’s own
established housing policies are not followed. 68
F.

Personal Item Retention

The Facility establishes money accounts for detainees to which money sent by family or
friends is deposited and then made accessible to the detainees. Some detainees complained
63

See attached, “Administrative Segregation, Restrictive Housing Unit, Unit Handbook”
Ms.
notes.
b6
65
b6
Ms.
notes.
66
Id.
67
See notes from each member of the delegation.
68
Ms.
notes.
b6, b7C
64

10

Date 5/18/2006 Time 5:11 PM

about the delay, ranging from 20 to 30 days, in accessing their funds. 69 Another detainee
complained that ever since she received a final decision regarding her deportment, all money and
correspondence sent to her had been returned to sender apparently because of the impending
deportment. 70 Another detainee noted that family members are not allowed to deposit money
into the detainee’s account during visits. 71 Rather, all money must be sent by mail and takes
approximately three weeks to appear on the detainee’s account. 72

Conclusion
Overall, York provides for “safe, secure and humane treatment of individuals detained by
the INS.” It is a well-run prison. However, as noted above, the policies, procedures and rules at
York pertaining to inmates apply equally to detainees. Little effort is made to distinguish the
individuals detained by the INS from the other inmates in the facility. The facility needs to
prioritize the phasing-in of the Standards, as required by the Standards themselves. Specifically,
the Standards regarding attorney telephone calls and visits should be implemented and there
should be greater library access and holdings for detainees.

69

Id.
Ms.
71
Ma.
72
Ms.
70

notes.

b6
b6

notes.
notes, Ms.

b6

notes.

11