2.2.1_Attachment 16 - ICE National Detainee Handbook.pdf

Enforcement and Removal Operations

National Detainee Handbook Custody Management April 2016

RA

Amharic

Arabic

Armenian

B

Bengali

Bosnian Ja govorim bosanski

Bulgarian Аз говоря български

Burmese

C Cambodian

Cantonese

(Traditional)

(Simplified)

Catalan I parlo català

Croatian Govorim hrvatski

Czech Mluvím česky

D Danish Jeg taler dansk

Dari

Dutch Ik spreek het Nederlands

E

Estonian Ma raagin eesti keelt

F Finnish Puhun suomea French Je parle français

G German Ich spreche Deutsch Greek Μιλώ τα ελληνικά Gujarati

H Haitian Creole M pale kreyòl ayisyen

Hebrew

Hindi

Hmong Kuv hais lus Hmoob Hungarian Beszélek magyarul

I Speak...

Language

Identification Guide

I M Icelandic Ég tala íslensku

Mandarin (Traditional)

Indonesian Saya berbicara bahasa Indonesia (Simplified)

Ilocano Agsaonak ti Ilocano

Mongolian

Italian Parlo italiano N

J Norwegian Japanese Jeg snakker norsk

P K

Persian

Korean Polish Mówię po polsku

Kurdish min azanim Ba Kurdi Qsa bkam Kurmanci

Portuguese Eu falo português do Brasil (for Brazil) as zanim eb kurmanji baxvim Eu falo português de Portugal

L (for Portugal)

Punjabi

Laotian

Latvian Es run˜ju latviski Lithuanian Aš kalbu lietuviškai

Romanian Vorbesc româneşte Russian

S Serbian

Sign Language (American)

Slovak Hovori slovenská

Slovenian Govorim slovensko Somali Waxaan ku hadlaa af-Soomaali Spanish Yo hablo español Swahili Ninaongea Kiswahili Swedish Jag talar svenska

T Tagalog Marunong akong mag-Tagalog Tamil

Thai

Turkish Türkçe konuşurum

U Ukrainian Я розмовляю українською мовою

Urdu

V Vietnamese

W Welsh Dwi'n siarad Cymraeg

X Xhosa Ndithetha isiXhosa

Y

Yiddish

Yoruba

Z Zulu Ngiyasikhuluma isiZulu

Human trafficking is a form of modern-day slavery and involves the use of force, fraud, or coercion to exploit men, women or children and subject them into some type of labor or commercial sex act. Any minor exploited for commercial sex is a victim of human trafficking, even if not induced by force, fraud, or coercion.

Trafficking victims can be any age, race, gender, or nationality. Victims can find themselves in a foreign country and may not speak the language.

Report human trafficking to the U.S. Department of Homeland Security (DHS) Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) Tip line at 1-866-347-2423 or online at www.ice.gov/tips. The HSI Tip line is available 24/7 with language capability in over 300 languages and dialects. If calling from outside the United States, please call the non-toll free worldwide number of 802-872-6199.”

To get help from the National Human Trafficking Resource Center (NHTRC) call 1-888-373-7888 or text HELP or INFO to BeFree (233733). The NHTRC is a national, toll-free hotline available to answer calls from anywhere in the country, 24 hours a day, 7 days a week, every day of the year with language capability in over 170 languages. The NHTRC is not a law enforcement or immigration authority and is operated by a nongovernmental organization funded by the federal government.

To get digital copies of this poster or “I Speak” booklet, visit www.dhs.gov/blue-campaign or contact the DHS Blue Campaign at BlueCampaign@hq.dhs.gov.

www.dhs.gov/blue-campaign Email: BlueCampaign@hq.dhs.gov

Report suspicious activity to 1-866-347-2423

I Speak is provided by the Department of Homeland Security Office for Civil Rights and Civil Liberties (CRCL). Other resources are available at www.lep.gov. Special thanks to the Department of Justice Bureau of Justice Assistance and the Ohio Office of Criminal Justice Services for inspiration and permission to use their I Speak guide. Permission may be required for the use of Ohio Office of Criminal Justice Services information other than as included in this booklet.

Version BC 2.1 March. 2015 www.lep.gov mailto:BlueCampaign@hq.dhs.gov www.dhs.gov/blue-campaign mailto:BlueCampaign@hq.dhs.gov www.dhs.gov/blue-campaign www.ice.gov/tips

T A B L E O F C O N T E N T S

INTRODUCTION

YOUR RESPONSIBILITIES AND RIGHTS

Your Responsibilities Your Rights Your Immigration Case

YOUR ARRIVAL AT THE FACILITY

CLASSIFICATION AND HOUSING

Classifcation Level Separate Housing

COMMUNICATING WITH FAMILY,

FRIENDS, AND LEGAL REPRESENTATIVES

Phone Calls, Visits, and Mail Phone Calls Visits Mail

CHILD CUSTODY QUESTIONS

LEGAL RESOURCES

Group Legal Rights Presentations Law Library

MEALS, ACTIVITIES, AND SERVICES

Meals Recreation Religion Commissary or Vending Machines Voluntary Work Program Library Attending Other Court Hearings (Non-Immigration)..12 Requests to Marry

DRESS AND GROOMING

Uniforms Personal Care Grooming Laundry A Clean Facility

Enforcement and Removal Operations

NATIONAL DETAINEE HANDBOOK

RULES AND PROCEDURES

Head Counts Authorized Property and Contraband Searches and Viewing Discipline and Your Rights Use of Force and Restraints Criminal Charges

QUESTIONS, REQUESTS, AND GRIEVANCES

Questions, Requests, and Informal Complaints How to File a Grievance (Formal Complaint)

RECORDS

WHAT TO EXPECT IF YOU ARE

RELEASED FROM THE FACILITY

HEALTH AND SAFETY

Evacuation Drills Smoking Healthcare Second Opinions Medical Records Suicide and Mental Health Care

SEXUAL ABUSE AND ASSAULT AWARENESS

Detention as a Safe Environment Defnitions Prohibited Acts Avoiding Sexual Abuse and Assault Report All Sexual Abuse and Assaults Report to DHS or ICE Headquarters Understanding the Criminal Justice Process

MEDICAL ORIENTATION AND HEALTH INFORMATION... 24

General Overview of Services Provided Additional Services Medications

PRIVACY NOTICE REGARDING THE COLLECTION

OF YOUR INFORMATION FOR YOUR MEDICAL CARE

4 U.S. Immigration and Customs Enforcement

INTRODUCTION

You are being housed in a detention facility operated or contracted by the U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO).

You will probably stay at the facility until:

• Your immigration case is decided;

• You are ordered to be removed from the country; or,

• You are transferred to another facility.

It is your responsibility to read this handbook to learn about:

• Your responsibilities and rights as a detainee;

• Programs and services available to you;

• Rules you must follow;

• Procedures for common situations; and

• How to report problems and file complaints.

This handbook provides only a summary of important information and does not cover all rights and requirements related to your stay at the facility.

You will also receive a handbook from your facility that explains its local rules. It is important that you understand and follow the rules in both handbooks. If you lose this handbook, you are entitled to one replacement. Copies will be available for reference at the law library and in the housing units, or may be requested from facility staff.

If you need help understanding this handbook, tell a staff member at your facility or an ICE officer.

If you do not read or understand English, you have the right to receive important information in a language or format you understand or to have someone explain it to you in simpler terms. Tell an officer if you need assistance.

YOUR RESPONSIBILITIES AND RIGHTS

While ICE’s policy is to treat all detainees with dignity and respect and to keep the facility safe, secure, and clean, you also have responsibilities and rights.

YOUR RESPONSIBILITIES

One of your main responsibilities is to learn and follow all the facility’s rules, regulations, and instructions. If you do not follow the facility’s rules, you may be subject to discipline.

You also must respect the staff, other detainees, and all property and to keep yourself and your surroundings clean.

You are also responsible for:

• Cooperating with the staff;

• Using staff members’ titles, as in, mister, miss, doctor, officer, and their last name;

• Being polite to other detainees; and

• Following laundry and shower schedules.

YOUR RIGHTS

You have certain rights, and they are observed as long as they do not harm others or disrupt the order and security at the facility.

You have the right to maintain your personal well-being, hygiene, and health care.

While being detained at the facility, you have the right to nutritious balanced meals, clean clothes, regular opportunities to bathe and do laundry, and be given the supplies to do so. You have the right to take regular showers, live in areas with proper air circulation and heating, and have access to medical and mental health care if needed.

You have rights if you are disabled.

If you have a disability, such as limited ability to move, speak, breathe, see, hear, or care for yourself, you have the right to reasonable access to all programs, activities, and services available to other detainees. You also have the right to be provided aids or services to help you communicate, see, or hear.

You also have the right to the following:

• Practice your religious faith;

• File a complaint about the living conditions with the facility or the Department of Homeland Security (DHS);

• Be free from being discriminated against for any reason, including your race, religion, national origin, sex, sexual orientation, gender identity, physical ability, mental ability or political beliefs;

• To be protected from mistreatment;

• To report any assault, including an incident of sexual abuse or assault, to facility staff or DHS; and

• To access law library resources and legal assistance. See your local facility handbook for information about legal aid programs and their presentations, rules, procedures, and hours.

YOUR IMMIGRATION CASE

• You have the right to obtain a lawyer or approved legal representative of your choice, at no cost to the U.S. government. It is your responsibility to obtain the services of the attorney. That person must sign Form G-28 to notify the facility they will represent you.

• Depending on your case, you may have the right to a hearing before an immigration judge. You or your lawyer or legal representative are responsible for presenting your case to the immigration judge.

• The government may decide your immigration status using alternative proceedings which may not involve an immigration judge, if the law allows it. You may be authorized for release on bond until your scheduled hearing, but it is your responsibility to pay the bond.

5 National Detainee Handbook

You have the right to ask for relief from removal based on various legal grounds if you believe you qualify.

These might include cancellation of removal, adjustment of status, asylum, withholding of removal, or relief under the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.

For example, you have the right to ask for asylum to stay in the U.S. if you were (or are afraid that you will be) persecuted in your native country or a country where you last lived because of your race, religion, nationality, political opinion, or membership in a particular social group.

You have the right to leave the United States voluntarily before your hearing, if statutorily eligible.

This is called voluntary departure. If your request is approved, you may lose the right to present your case at a hearing. If you want to leave voluntarily, you must tell an ICE officer or the immigration judge.

If you have questions about the removal process, talk to your ICE officer. You may also call any of the lawyers on the list of free legal services providers given to you by ICE.

In addition, your facility’s law library may have materials explaining this information.

If you believe that you qualify for a form of immigration relief, you should try to talk to a lawyer. There may be time restrictions for applying for such relief, so make sure you fill out and turn in the necessary applications in a timely manner or you may miss your opportunity to have your claim reviewed. It is your responsibility to prepare and submit the proper forms requesting consideration for relief.

YOUR ARRIVAL AT THE FACILITY

Most facilities follow the same basic steps when a detainee arrives at the facility. See Table 1 on pg. 6 for the steps and procedures of processing.

CLASSIFICATION AND HOUSING

CLASSIFICATION LEVEL

When you arrive at the facility, an officer will decide your classification level and assign you to a housing unit with other detainees in your classification level. The officer will decide your classification by considering the information in your records, including:

• Criminal charges and convictions;

• Immigration history;

• Discipline record;

• Current classification level; and

• Other related information.

What if I think my classification level is not right?

You have the right to appeal your classification level and housing placement. To do that, you must file an appeal.

Follow the appeal procedures in your facility’s local handbook.

How often does the facility review the classification levels of detainees?

Classification levels are reviewed no later than 90 days after the first classification. After that, they are reviewed approximately every 90 to 120 days after the most recent review. See your facility’s local rules for a detailed schedule of when classification levels will be reviewed. If you are placed in segregation, your classification will be reviewed before you return to the general population.

Can the facility change my classification level at other times?

Yes, the facility can change your classification level and housing placement at any time for safety reasons or if you have not followed the rules.

SEPARATE HOUSING

Sometimes detainees are placed in separate housing.

This is called segregation. In segregation, you live in an individual cell alone and away from other detainees. This happens if stricter supervision is needed. If you are placed in segregation, your classification will be reviewed before you return to the general population.

There are two kinds of segregation:

Administrative You may be placed in administrative segregation for any one of three conditions:

• You are being investigated or have a hearing for disciplinary violations;

• You are scheduled to be transferred or released within 24 hours; or

• You need protection and cannot be safely housed in a less restrictive environment.

Disciplinary You may be placed in disciplinary segregation for any one of these three conditions:

• You cause serious disruption at the facility;

• You need stricter supervision; or

• The Institutional Disciplinary Panel (IDP) has disciplined you. See Discipline and Your Rights on pg. 15.

Can I still get services if I am in administrative segregation?

Yes. You will have access to the same types of services as before. However, you may receive a lesser degree of each, depending on available resources and security concerns.

Your access to the following services may in some cases be more limited:

• Showers;

• Recreation;

• Law library;

• Presentations by legal rights groups;

• General telephone calls;

• General visitation;

• Religious guidance; and

• Personal property and materials (including legal, religious, and personal reading materials).

However, you will still receive access to:

• Mail;

• Legal telephone calls;

• Legal visitation; and

• Healthcare services.

6 U.S. Immigration and Customs Enforcement

TABLE 1. STEPS TO PROCESS A DETAINEE

STEP INDIVIDUAL PROCEDURE

1 Intake Officer Takes your clothes, money, and property for safekeeping and gives you an itemized receipt for all items.

2 Detainee It is important for you to keep the itemized receipt to get all of your possessions back when released.

3 Intake Officer Makes a list of all of your legal and identity documents (e.g. passport, birth certificate) then gives them to an ICE officer, who will put them in your official immigration file, called an A-File.

4 Detainee Documents will be returned to you when your case is resolved.a

5 Detainee Receives an A-Number, used to identify you during your stay at the facility. Your A-Number should be shared with your family and attorney to find you in the Online Detainee Locator System.

6 Intake Officer Tells you what things can and cannot be kept with you at the facility. The officer’s decisions are based on security concerns.

7 Detainee

Depending on the specific facility’s policies, you may be able to keep religious items, such as religious headscarves and medallions, simple wedding bands, photos, soft-cover religious and personal reading materials (an officer may approve hardcover religious texts), legal documents and papers (including property receipts), and other small items (shown in the facility’s local rules).

8 Intake Officer Provides you with sheets, a pillowcase, and a blanket.

9 Detainee You may exchange bedding once a week for clean bedding.

10 Intake Officer Gives you approved personal care items, such as soap, a toothbrush, comb, etc.

10 Detainee May shower and get clean clothes as appropriate for the climate at the facility. You may ask a housing officer for more personal care items when needed.

11 Intake Officer Decides your classification level and assigns you to a housing unit with other detainees in your classification level.b

12 Health Professional Asks about your physical and mental health.

13 Detainee Tell your health care professional of any health problems or concerns needing immediate attention, or any medications you are taking or need.

14 Health Professional

An approved health professional will give you a thorough medical exam within 14 days after your arrival.c a If copies of these documents are needed for your hearing, you should ask an ICE officer in advance.

b For more information on this topic, see your facility’s local handbook, and the classification levels on pg. 5.

c Medical information is safeguarded and kept confidential.

7 National Detainee Handbook

How long could administrative segregation last?

It depends on your case. The security supervisor reviews all administrative segregation cases to decide if you should stay in that placement.

The review schedule is as follows:

• Review of your placement within 72 hours of placement by a security supervisor;

• Review of your placement after seven days of placement by a security supervisor; and

• Weekly reviews of your placement for the first 30-60 days after your second review, and regular but less frequent reviews after the first 30-60 days of placement.

What if I do not agree with the decision to leave me in administrative segregation?

You have the right to appeal the decision.

How do I appeal?

After seven consecutive days of administrative segregation, you may appeal the decisions of any review conducted by writing to the facility administrator. Ask for a staff member or an interpreter if you need help writing your appeal. Once you have appealed, the facility administrator will review your case every 30 days.

Can I still get services if I am placed in disciplinary segregation?

Yes, you will still receive the same extent of access to mail, legal telephone calls, legal visitation, and health care services. However, depending on your violation, security concerns, and available resources at the facility, you may receive a lesser degree of some of the following services:

• Showers;

• Recreation;

• Law library;

• Presentations by legal rights groups;

• General telephone calls;

• General visitation;

• Religious guidance; and

• Personal property and materials (including legal, religious, and personal reading materials).

Will the facility review my placement in disciplinary segregation?

Your case will be reviewed every seven days to ensure you are obeying all of the rules, receiving proper services, and to consider placing you back in the general population.

When a security supervisor reviews your placement, they will interview you and create a written record of that interview. Once there has been a decision made on your placement after a review, the security supervisor sends a written decision to the facility administrator for approval or denial. A copy of the final written decision will be given to you unless there is a security issue that prevents the facility from giving you this copy. See your facility’s local rules for a more detailed review schedule.

COMMUNICATING WITH

FAMILY, FRIENDS, AND LEGAL

REPRESENTATIVES

This part of the handbook explains how to communicate outside the facility, including phone calls, visitors, and mail.

IMPORTANT! While you are being detained, your family members, legal representatives, and others from the general public may be trying to locate you. They can find you by accessing the Online Detainee Locator System, at www.

ice.gov/locator. The best way to search for individuals in the Online Detainee Locator System is to use the detainee’s A-Number and country of birth.

PHONE CALLS, VISITS, AND MAIL

Phone calls When you first arrive at the facility, you will be given access to a telephone. Later, you may make phone calls from your housing unit. All calls may be monitored, except those to your lawyer or a court. Keep in mind, you could lose or have your phone privileges limited if you do not follow facility rules, abuse the phone equipment, or make calls for illegal activities.

It is up to you to learn the facility’s rules for phone use. You have the right to ask to use the ICE free phone system. If your request to use the phone is denied, tell any ICE officer that you want to make a written request to use the phone system. See Table 2 on pg. 8 for more information on phone use while at the facility.

Visits You can have visitors. Visitors must follow facility visitation policy and procedures. It is your responsibility to ensure your visitors know the visitation rules. You will find the policy and procedures in the facility’s local rules.

All visitors must wear appropriate clothing and behave in an orderly way. If you or your visitors are disruptive, they will have to leave, and the facility may limit your visits in the future. Visitors and anything they bring to the facility may be searched. They may be asked to put their property in a locker or in their car.

https://ice.gov/locator

8 U.S. Immigration and Customs Enforcement

TABLE 2. INFORMATION REGARDING PHONE CALLS

PHONE CALLS TO:a ALLOWED? FREE OF

CHARGE? NOTES

General population (friends, family, businesses) yes depends See the facility’s local rules

Find a lawyerb yes yes No time limit, unless another detainee needs to use the phone or there are security reasons

Lawyerc yes yes 20 minutes per call

Emergency situations, e.g., death in family or illnessd yes yes To make emergency calls, ask for help from a housing unit officer, supervisor, or ICE personnel

Your country’s consulate office in the U.S. yes yes The consulate may help you find a lawyer, contact your family, or visit you at the facility

DHS Office of the Inspector General yes yes

ICE Detention Reporting and Information Line (DRIL) yes yes

ICE Office of Professional Responsibility yes yes

Joint Intake Center (JIC) yes yes

Courts yes yes

Immigration courts and Board of Immigration Appeals yes yes

Pro bono attorneys or free legal aid groups yes yes As recognized by the Executive Office of Immigration Reviewb

United Nations High Commissioner for Refugees yes yes

Government offices yes yes Calls made to get papers for your immigration case a If you have trouble making phone calls, the system is not working properly, or it won’t allow free calls to those listed, ask the ICE housing unit officer for help.

b To find lawyers and organizations in your area that offer free services, look in your housing unit’s pro bono legal services contact list. An ICE officer can get you this list, which is updated four times per year.

c You must list your lawyer’s phone number on the Authorized Phone Numbers Form to ensure the calls are not monitored.

d Routine calls to your lawyer are not usually considered emergency calls.

TABLE 3. INFORMATION REGARDING VISITORSa

FAMILY AND FRIENDS

VISITING DAYS PERMITTED TIME ALLOTTED NOTES:

Saturday, Sunday, and holidays 30 minutes or additional time, if requested, for visitors who have traveled a great distance

Children under age 18 may visit if they are accompanied by an adult visitor who watches them.

MEETING WITH LAWYERS AND PARALEGALS

Monday through Friday 8 hrs. per day (minimum) You may ask to meet with your lawyer during meal hours.

The facility staff will provide a meal tray or sack meal to eat during the meeting.

If you want to cancel a meeting, you must do so.

You may not ask an officer or another detainee to cancel it for you.

Saturday, Sunday, and holidays 4 hrs. per day (minimum) a Check your facility’s local rules for visiting hours and other specific information.

9 National Detainee Handbook

Tell your visitors not to bring a lot of packages or other items with them. Your visitors may bring you items, but an officer must first check and approve them.

Anything you accept from a visitor that was not approved by an officer can be taken from you and seized as contraband.

You also may be subject to administrative and criminal penalties for possession of contraband. For information regarding visitors, see Table 3 on pg. 8.

Mail You may send and receive mail, unless it threatens the safety, security, or order of the facility. Read the rules about mail in this handbook and in your facility’s local rules. It is up to you to know and follow the rules about mail, and to explain these rules to anyone who writes to you. If there is reason to believe you are not following mail rules, your mail privileges may be limited. For further information regarding mail, see Table 4 on pg. 10.

CHILD CUSTODY QUESTIONS

What if I learn that the person I left my children with can no longer care for them?

Tell an ICE official or contact the Detention Reporting and Information Line (DRIL) at 1-888-351-4024. ICE can give you the opportunity to make care arrangements for your child or can review the decision to detain you.

What if I learn that my child will enter state custody while I am in detention?

Tell an ICE official or contact the DRIL. ICE can give you the opportunity to contact the state child welfare agency and make care arrangements for your child. ICE may also review the decision to detain you, especially if you present new information related to your child.

What if I am involved in a legal proceeding involving the custody of my child?

If you are involved in a legal matter involving the custody of your child and need to attend a court hearing, talk to your caseworker or attorney, participate in services, or visit with your child, tell an ICE official or contact the DRIL. ICE can work with you to arrange for your participation in court hearings and visitation with your child. You can have phone calls and visits with your caseworker and lawyer.

LEGAL RESOURCES

GROUP LEGAL RIGHTS PRESENTATIONS

At some facilities, legal rights groups from the local community give group presentations, which are available to all ICE detainees in the facility. Your facility will post announcements about the presentations in common use areas. You may sign up on a sheet available in each housing unit. If you cannot read or understand an announcement, ask for information in a language or format you can understand.

Note that not all facilities have legal rights presentations because not all communities offer them.

If you are in administrative or disciplinary segregation and want to go to the presentation, the facility will make arrangements for you to go, if:

• Security arrangements can be made;

• Your presence would not pose a security risk; and

• The presenter agrees to the security arrangements.

LAW LIBRARY

All ICE detainees have the right to use the facility’s law library to access approved legal materials and office equipment (such as copy machines, typewriters, and computers) to copy and prepare legal documents only. This material and equipment is not for personal communication.

If you need to write personal letters, ask your housing unit officer for paper, pencils, and envelopes.

You can get photocopies of your legal communications. In some facilities, you may also be able to get photocopies of your complaints, grievances, and letters about the conditions at the facility, legal mail, sick call requests, disciplinary decisions, special needs forms, photographs, newspaper articles, or other documents that are relevant to presenting your immigration case.

What are the law library hours?

The law library hours are posted in all housing units. You are allowed at least five hours each week to work on your case.

What if I need more time at the law library?

You should complete a detainee request form and submit it to the facility. Explain why you need more time. The facility may give you more time if you have an urgent need or special circumstance.

How do I find the legal materials I need?

The law library may have books and publications, or it may use LexisNexis. This software lets you find legal materials on a computer. The law library has self-help materials that show you how to:

• Do legal research;

• Prepare legal documents; and

• Use legal materials on the computer.

What if I need help using the law library?

Ask the staff member at your facility if you:

• Need help finding materials;

• Need help accessing programs;

• Need help with equipment;

• Do not speak English well; or,

• Have a disability.

You may also ask another detainee to help you with your legal research and document preparation. Another detainee may be allowed to help you if there are no security risks or other concerns, and you do not pay or give the detainee anything of value. Submit a written request to your facility’s administrator.

NOTE: The facility will not pay a detainee to help you use the law library.

It is up to you to know the rules for the law library. You should also review your facility’s local rules. If you disobey these rules, you may be disciplined and lose your law library privileges.

10 U.S. Immigration and Customs Enforcement

TABLE 4. INFORMATION REGARDING MAIL

LEGAL MAIL IS FROM

• Private lawyers, legal representatives, and government lawyers

• Judges and courts; embassies and consulates

• U.S. president, vice president or member of Congress

• U.S. Department of Justice, DHS (including ICE, DHS OIG, DHS Office for Civil Rights and Civil Liberties, and ICE Health Services Corps)

• Grievance systems administrators

• Reporters and other new media representatives

LEGAL MAIL PREPARATION

In the top left corner of the envelope, write:

• Your name

• Your Alien or ID number; the Alien number must include only the last four digits (A-XXX-XX0-000)

• The facility’s address

In the middle of the envelope, write:

• Recipient’s name and address

• Title or organization, such as lawyer, law office, or legal services

Write “Legal Mail” or “Special Correspondence” on the envelope (tell your lawyer that all incoming legal mail must be labeled like this)

MAIL PRIVACY

• All incoming and outgoing letters may be inspected for contraband and content.

• If you receive legal mail, the facility staff will open it in front of you and may check for contraband, but not read it

• If you do not want your outgoing legal or special mail opened, allow facility staff to inspect the mail, but not read it, seal it in front of a staff member and clearly label it as legal mail.

• You may seal your other mail on your own and drop it in a detainee mailbox.

MAIL SENT TO YOU

All mail sent to you must have your Alien or ID number on:

• The envelope, as part of your address

• The first page of written letters must include the last four digits of your A-number (A-XXX-XX0-000). If your incoming mail does not have your Alien or ID number, it will be returned to sender. This includes legal mail and packages.

Your incoming legal mail must also have this information on the envelope:

• Sender’s name and title

• The words “Legal Mail” or “Special Mail”

• If legal mail is not marked as required, the facility will not treat it as legal mail

IMPORTANT! It is your responsibility to explain these rules to anyone who sends you mail.

The facility may refuse to deliver your mail if:

• It is considered contraband

• Shows, describes, or might cause violence or disorder

• Explains how to escape, make weapons or explosives, break the law, disobey ICE rules, or make drugs or alcohol

• Has explicit pictures or descriptions of sex

• Contains threats, bribes, or obscene material

• Contains anything illegal or not allowed, messages in code, or anything that threatens the safety and security of the facility

IDENTITY DOCUMENTS AND MAGAZINE SUBSCRIPTIONS

• The facility will forward identity documents you receive in the mail to your ICE officer and notify you of this action. You can get a certified copy of the identity document by requesting it in writing from your ICE officer.

• You may not subscribe to magazines, catalogs, or other publications, but you may have a relative or friend send them to you.

MAIL DELIVERY

• The facility usually delivers mail within 24 hours of the time it is received, but may take longer if it needs special handling for security reasons (for example, facility staff may hold legal mail for up to 48 hours to check that it is legal mail).

• If your mail arrives after you leave the facility, it will be returned to sender.

Continued on next page

11 National Detainee Handbook

TABLE 4. INFORMATION REGARDING MAIL

RULES ABOUT MONEY IN THE MAIL

• If you receive money in the mail, the officer will issue you a receipt for the money before placing it in your account.

• You can send money to someone outside the facility. Sending cash is not recommended. Contact the shift supervisor if you want to buy a money order.

• Each facility has written rules about cash, checks and other funds. See the facility’s local rules. If they are not clear, your facility can help you understand them.

PAYING FOR POSTAGE

• If the facility determines you cannot afford to pay for postage or mailing materials, you can send some kinds of mail for free, including legal mail, mail to your consulate, and to any court.

• You will get three or more stamped envelopes per week for your personal mail. You can get paper, pencils, and envelopes from your housing unit officer.

• If the facility determines you can afford to buy mailing materials, you will not receive them for free. You may buy supplies from the commissary. See your facility’s local rules about mail.

MEALS, ACTIVITIES, AND SERVICES

MEALS

The facility serves meals three times every day. You are allowed one meal at each meal time. The meals are nutritionally balanced, approved by a dietitian, served in a clean, safe place, and served with napkins and utensils, which must be returned at the end of each meal. Meals are served in a central dining room, a dining room in your housing unit, or a special housing unit.

What is on the menu?

The facility offers a standard menu. Menus and meal times may be posted on the housing bulletin board. See your facility’s local rules.

Is there pork in the food?

Most facilities do not serve pork, but check the day’s menu to be sure.

What if I have a special diet?

If you need a special diet for religious reasons, ask the chaplain for a “common fare diet.” If you need a special diet for medical reasons, ask the medical staff to evaluate your request. Your request must be approved before you can get special meals.

IMPORTANT! It is up to you to ask for a special diet if you need it.

Will I get different food if I am being disciplined?

No. Food is not used to punish or reward.

RECREATION

You will be allowed to have indoor or outdoor recreation at least one hour each day. If your facility has an outdoor recreation area, you will be permitted to access it for at least one hour a day, five days a week, if weather permits.

In some facilities you may be permitted more outdoor recreation. Check your facility’s local rules for more information.

What recreation activities may be available?

Your facility may have television, movies, games, and exercise equipment.

If outdoor recreation is canceled or not available, will I get more indoor recreation time?

No.

What if my facility does not have outdoor recreation?

If your facility has no outdoor recreation, you may be eligible to request voluntary transfer to another facility with outdoor recreation after a certain number of months (ask your ICE officer).

RELIGION

You will have opportunities to practice your religious faith.

These opportunities will only be limited if you present a specific documented threat to the safety of the individuals involved in the religious activities, or if you disrupt order in the facility. All facilities must give you reasonable access to religious services and providers of your faith.

Your facility will explain how to contact the chaplain or religious services coordinator for your facility and give you information about:

• Special religious diets;

• Visits from a religious representative;

• Religious headwear and other religious property allowed at the facility; and

• Access to religious resources, services, instruction, and counseling.

12 U.S. Immigration and Customs Enforcement

ICE detainees may usually:

• Take part in their religious practices;

• Wear approved religious headwear and garments; and

• Have other approved religious property.

The facility cannot limit these unless there is a specific documented threat to persons involved in these practices or activities.

IMPORTANT! You must ask the facility for approval of any hard-covered religious book. Unless you get approval, all religious books must be soft-covered.

COMMISSARY OR VENDING MACHINES

Your facility may have a store, called a commissary, or vending machines. If your facility has this service, you do not have to buy anything if you do not want to. If you want to use the store, check your local rules first. Detainees do not have a right to use the store.

Do I have to buy basic toiletries from the commissary?

No. Your facility must give you basic toiletries and hygiene products, such as soap, shampoo, sanitary pads, and toothpaste.

What if I bought some items, but I got transferred or removed before they were delivered?

The facility does not have to send you the items or give you a refund if you are transferred or deported. But the facility may give you a refund before you leave. See your facility’s local rules.

VOLUNTARY WORK PROGRAM

If your facility has a volunteer work program, you may be able to volunteer to work. However, many facilities do not allow ICE detainees to participate in their work programs.

Will I get paid for my work?

If you participate in the voluntary work program at your facility, you will get at least $1 for each day you work, not for each assignment. You will get paid at the end of every day you work, unless your facility has a different way of paying detainees. For example, some facilities will pay everything that you are owed before you are transferred or released. Check your facility’s local rules.

How often will I get paid?

Most facilities pay detainees every day. Your facility may use another system where you get paid before you are transferred or released.

How many hours can I work?

You cannot work more than eight hours per day or 40 hours a week.

What are the requirements for the work program?

To take part in this program, you must:

• Sign a voluntary work program statement;

• Complete any work-related training;

• Follow all dress, grooming, and hairstyle requirements for your work assignment;

• Work the schedule assigned to you; and

• Do your assigned work satisfactorily.

Can I be fired from the Voluntary Work Program?

Yes, you can be taken out of this program if you miss work without permission, or you do not do your work satisfactorily.

Will I get paid for keeping my living area clean?

No. You must keep areas that you use clean, including your living area and any general-use areas that you use. If you do not keep your areas clean, you may be disciplined. It is up to you to know the rules for the work program. Also see your facility’s local rules.

LIBRARY

Most facilities have library materials similar to what you would find at a school or community library. The facility considers the detainees’ needs, interests and abilities when deciding on its materials.

Can I go to the library at any time?

No. See your facility’s local rules for library use. Each facility’s library has a schedule for using and checking out materials. Please give other detainees a chance to read library materials. Make sure that you take care of the materials you check out and return them on time.

ATTENDING OTHER COURT HEARINGS

(NON-IMMIGRATION)

Can I attend a court hearing that has been scheduled for me in another case (i.e., not related to my immigration case)?

If you have a court hearing scheduled for you in another case (for example, if you are currently involved in a criminal proceeding or child custody case), ask your ICE officer about how you might be able to take part in your hearing.

In some cases, ICE may be able to escort you to the court hearing or arrange for your participation through a video conferencing system.

REQUESTS TO MARRY

If you want to get married while you are at the facility, you (or your lawyer) must send a written request to the housing area officer or ICE officer, who will give it to the facility administrator or the ICE field office director.

Your written request must confirm that:

• You meet the legal requirements to marry;

• You are mentally competent to marry; and

• Your future spouse will certify they will marry you.

13 National Detainee Handbook

Attach a separate document (signed by your future spouse) that says they plan to marry you. The facility’s administrator may need to send your request to the ICE field office director for approval. If you do not get approval in time, you may have to delay or cancel any wedding plans. If your request is denied, you and your legal representative will be provided with the decision and the reasons for the decision in writing.

DRESS AND GROOMING

UNIFORMS

You will get a uniform (shirt, pants, and shoes) and a wristband. In ICE ERO and contract facilities, but not in most jails, the color depends on your security level:

• Blue for low custody;

• Orange for medium custody; and

• Red for high custody.

If you are in a jail, the uniform colors and rules about uniforms may be different.

You must always wear the color uniform for your security level.

EXCEPTION: Kitchen workers must wear a white uniform, but only when on duty.

Are there other rules about clothes?

Yes. You must also follow these rules:

• No torn or dirty clothing;

• Do not change or re-purpose your uniform if issued

(for example, do not wear your shirt as a headband or roll up long pants to make them short);

• No hats or head coverings, unless it is part of your work uniform or has been approved by the chaplain for religious reasons; and

• No shower shoes outside the housing unit.

Other rules You must always wear your complete uniform (shirt, pants and shoes) when:

• Outside of your housing unit;

• In the dining room;

• Medical appointments (unless told otherwise);

• Going to court;

• During religious services; and

• Seeing visitors.

Also in regard to dress

• Do not place the waistband of your pants so your underclothes or buttocks show;

• Do not keep your hands under the waistband of your pants, even in cold weather; and

• Do not strip down to your underclothes unless you are in your cell or the bathroom.

Proper shoes and clothes

• Wear your shoes at all times;

• If you are wearing closed shoes, wear socks if you have them;

• Wear your shower shoes in the shower; and

• Wear proper clothing for the weather.

PERSONAL CARE

You will be living in a dormitory or a locked housing unit with other people. Good personal hygiene helps keep everyone healthy.

When can I shower?

Check the shower schedule posted in your housing unit.

It will tell you when you can use the shower each day.

You must bathe regularly and keep your hair clean.

What if I need shampoo or other personal items?

You will get some personal care items when you arrive, including shampoo and soap, toothpaste and toothbrush, comb or brush, and other items for personal care.

If you run out of these items, ask your housing officer for more. Women can ask the housing officer for feminine hygiene products when needed.

GROOMING

Poor hygiene and unsanitary habits can harm health and safety at the facility. If you do not obey the dress and grooming rules, it could cause conflicts with others at the facility and the staff may counsel and discipline you.

The facility will accommodate your religious preferences about your grooming to the extent possible. You must keep yourself neat and clean and always wear appropriate clothes and shoes.

Can I wear my hair any way I want?

Yes. You may have any hairstyle you want if it is safe and clean.

EXCEPTION: If you work in the kitchen or operate a machine, your hair must be clean and in a hairnet.

Can I have a beard or mustache?

Yes, unless you work in the kitchen or operate a machine.

For safety reasons, kitchen workers and detainees operating machines must be clean-shaven while on duty. By accepting a job in the kitchen or operating machinery, you agree to follow this rule. There are no exceptions to this rule.

Can I shave?

Yes, you can check out a disposable razor every day. You must return it after you shave. If you have a court hearing, the facility will give you the opportunity to shave before you go.

You may not share your razor with anyone else. This is for your health and safety. Shared razors can spread diseases, such as HIV and hepatitis. See your facility’s local rules about razors.

14 U.S. Immigration and Customs Enforcement

Can I get a haircut?

Yes, if you want a haircut, you must ask for it. See your facility’s local rules about how to ask for a haircut.

IMPORTANT! It is up to you to learn the grooming rules for your facility. See your facility’s local rules.

LAUNDRY

To get clean clothes, you must turn in one dirty item of clothing to get a clean one. At a minimum, you will be able to exchange your items according to the following schedule:

• Socks and underwear – every day;

• Your colored uniform – twice every week;

• Sheets, pillowcases, and towels – once every week; and,

• White kitchen uniforms – every day.

NOTE: At some facilities, you may be able to exchange your laundry more often. To make sure there are enough clean clothes for everyone, you may not keep extra clothes. Do not wash clothes, sheets, shoes, or other items in your housing unit unless there are washing machines and dryers that you are allowed to use. See your facility’s local rules for the laundry, clothing exchange, and volunteer work uniform schedule.

A CLEAN FACILITY

It is important to keep the facility clean for your health and safety.

Do I have to make my bed?

Yes, you must make your bed every day before you start your daily activities or work. You must also keep your area neat and clean. Do not hang sheets, blankets, towels, or anything else from wires, lights, beds, bars, or other objects.

Follow your facility’s rules for hanging wet towels.

General cleanliness

• If you brush your hair over the sink, remove any fallen hairs from the sink;

• Throw trash into the garbage cans, not onto the floor;

• Throw all used hygiene products into the trash. Do not throw them on the floors or into the toilets; and

• Do not leave crumbs from food in your housing area.

It will attract ants and other insects.

Where can I keep my personal belongings?

You must follow the facility’s rules about storing your personal items. Someone from the facility will show you what to do. Improperly stored items may be taken away. If this happens, it is your responsibility to ask the supervisor to return them to you. Do not put anything where it is not allowed to be, such as windows, windowsills, bunks, lockers, or under a mattress.

RULES AND PROCEDURES

HEAD COUNTS

Detainees will be counted at least three times per day at hours that do not interfere with daily activities. You must participate in the counts and follow procedures for head counts. See your facility’s local rules.

During the head counts, do not move, talk or do anything to interfere with the head count.

You may be disciplined (and everyone in your housing unit may be locked in their rooms) if you do not get counted, do not follow instructions, or disrupt the head count.

AUTHORIZED PROPERTY AND CONTRABAND

All property must be authorized, meaning visitors and detainees must get permission to have any item, even if that item is usually allowed at your facility.

NOTE: The facility may throw away any of your items, even if the type of item has been approved, you have too many, have misused them, or changed the item without permission.

Any item that has not been specifically approved by the facility may count as contraband. See your facility’s local rules about unauthorized property and contraband.

What is contraband?

Contraband is anything not allowed at the facility. You are not allowed to have anything unsafe or that interferes with the orderly operations of the facility. It is your responsibility to know the rules for what is and is not allowed at the facility. If you have anything listed below, or anything else not allowed by the facility, you may be disciplined.

Contraband items include, but are not limited to:

• Tobacco and tobacco products;

• Alcohol or illegal drugs;

• Dangerous objects, deadly weapons, and explosives;

• Anything that could disguise or change a detainee’s appearance or be used to help someone escape; or,

• Any camera, video, recorder, cell phones, or other device that could be used to make photos, audio or video recordings of detainees, staff, or government property.

Personal property, including clothing and other personal items, may also be contraband unless the facility administrator has approved them or you bought the items from the facility’s commissary or vending machines.

SEARCHES AND VIEWING

ICE searches detainees to keep everyone safe, control contraband, and keep the facility clean and sanitary. These searches are not meant to punish anyone. The staff will not search or physically examine you for the sole purpose of determining your genital characteristics.

15 National Detainee Handbook

When will I be searched?

Your body and your property will be searched at these times:

• When you arrive at the facility;

• Whenever there is reasonable suspicion that you are concealing contraband or a weapon;

• When you go into a housing unit;

• When you leave the visiting area after a visit; and

• From time to time, there are unscheduled routine searches.

Can I refuse to be searched?

No. You must allow the officer or…