CBP National Standards on Transport Escort Detention and Search.pdf

U.S. Customs and Border Protection National Standards on Transport, Escort, Detention, and Search

October 2015

TABLE OF CONTENTS

FOREWORD FROM THE COMMISSIONER ... 3

AUTHORITIES / REFERENCES 3

1.0 GENERAL STANDARDS 4

2.0 TRANSPORT AND ESCORT

STANDARDS 5

3.0 SEARCHES OF INDIVIDUALS 9

4.0 SECURE DETENTION STANDARDS 14

5.0 AT-RISK POPULATIONS 19

6.0 SEXUAL ABUSE VICTIMIZATION 24

7.0 PERSONAL PROPERTY 26

8.0 DEFINITIONS 28

FOREWORD FROM THE COMMISSIONER

I am announcing the implementa on of an agency-wide policy that sets forth the rst na onwide standards which govern CBP’s interac on with detained individuals. This policy con nues our commitment to the safety, security and care of those in our custody. The policy, tled U.S. Customs and Border Protec on (CBP) Na onal Standards on Transport, Escort, Deten on, and Search (TEDS), is the result of collabora ve work among various o ces.

The new policy document is grounded rmly in the experience and policies of the O ce of Field Opera ons and the United States Border Patrol. It incorporates best prac ces developed in the eld, and it re ects key legal and regulatory requirements. In addi on to transport, escort, deten on and search provisions, TEDS also includes requirements related to: sexual abuse and assault preven on and response; care of at-risk individuals in custody; and personal property.

I commend the many o ces across CBP and DHS who worked together to produce this important policy document.

R. Gil Kerlikowske Commissioner U.S. Customs and Border Protec on

AUTHORITIES / REFERENCES

Authori es/References (including, but not limited to, the following): 19 United States Code (USC) §§ 482, 1461, 1581, 1582, 1589a; Title 8 Code of Federal Regula ons (CFR) Parts 232, 235, 236, and 287; 6 CFR Part 115; 79 FR 13100 (Standards To Prevent, Detect, and Respond to Sexual Abuse and Assault in Con nement Facili es); The Immigra on and Na onality Act (INA); Personal Search Handbook, CIS HB 3300-04B revised July 2004; Use of Force Policy, Guidelines and Procedures Handbook, HB 4500-01C, revised May 2014; Motor Vehicle Management Handbook, HB 5200-14B, revised June 2014; Occupa onal Safety and Health Handbook, HB 5200-08B, revised September 2012; Secure Deten on, Transport and Escort Procedures at Ports of Entry, 3340-030B, August 8, 2008; The Law of Arrest, Search, and Seizure Manual, M-69; Enforcement Standards – Body Searches, May 28, 1997; Hold Rooms and Short Term Custody, OBP 50/10.2-P; CBP Policy on Nondiscrimina on in Law Enforcement Ac vi es and all other Administered Programs, February 6, 2014; CBP Zero-Tolerance Policy, March 11, 2015.

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1.0 GENERAL STANDARDS

1.1 S D CBP O

The safety of CBP employees, detainees, and the public is paramount during all aspects of CBP opera ons.

1.2 I P

CBP employees must speak and act with the utmost integrity and professionalism. CBP employees must conduct themselves in a manner that re ects posi vely on CBP at all mes.

1.3 Z T P R

S A CBP has a zero tolerance policy prohibi ng all forms of sexual abuse of individuals in CBP custody, including in deten on facili es, during transport, and during processing.

1.4 N -D P

CBP employees must treat all individuals with dignity and respect. CBP employees will perform their du es in a non-discriminatory manner, with respect to all forms of protected status under federal law, regula on, Execu ve Order, or policy, with full respect for individual rights including equal protec on under the law, due process, freedom of speech, and religion, freedom from excessive force, and freedom from unreasonable searches and seizures.

1.5 R S

Without compromising o cer/agent safety, o cers/ agents should remain cognizant of an individual’s religious beliefs while accomplishing an enforcement ac on in a digni ed and respec ul manner.

1.6 T J

O cers/Agents will consider the best interest of the juvenile at all decision points beginning at the rst encounter and con nuing through processing, deten on, transfer, or repatria on. O cers/Agents should recognize that juveniles experience situa ons di erently than adults (see Sec on 5.0).

1.7 R A

L A Reasonable accommoda ons must be made for a detainee’s known or reported mental, physical and/ or other special needs consistent with safety, and security requirements. All instruc ons and relevant informa on must be communicated to the detainee in a language or manner the detainee can comprehend.

1.8 D D

Every e ort must be made to promptly transfer, transport, process, release, or repatriate detainees as appropriate according to each opera onal o ce’s policies and procedures, and as opera onally feasible.

1.9 F U

CBP will maintain family unity to the greatest extent opera onally feasible, absent a legal requirement or an ar culable safety or security concern that requires separa on.

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2.0 TRANSPORT AND ESCORT STANDARDS

For transport and escort standards related to at-risk detainees, see Sec on 5.4. The at-risk determina on process can be found in Sec on 4.2.

2.1 V S

Safety and Compliance: CBP vehicles used for transpor ng detainees must be properly equipped, maintained and operated. Addi onally, these vehicles must comply with safety inspec on requirements in accordance with applicable federal and state law Vehicle Interiors: CBP vehicle interiors must be kept as clean as opera onally feasible.

Search for Weapons, Dangerous Items and Contraband: All CBP vehicles, including the con nement space and the immediate area surrounding the con nement space, must be searched prior to and following each transport to ensure that no weapons, dangerous items (including items that could be used for suicide), or contraband are present.

2.2 U R

General: The use of restraints on detainees during transport must be in a manner that is safe, secure, humane, and professional. It is the responsibility of o cers/agents to ensure that the need and level of restraints used is consistent with the opera onal o ce’s policies and procedures. At no me will restraints be used in a puni ve manner or in a manner that causes detainees undue pain.

Tes ng Restraints: O cers/Agents must regularly test handcu s, leg restraints, belly chains, or other restraining devices to ensure that they are func oning properly.

2.3 T C

O cers/Agents transpor ng detainees must follow established communica on procedures especially as they relate to juveniles, females, and other at-risk popula ons.

2.4 T E A

Assessment: Prior to transport or escort, o cers/ agents must conduct a detainee transport assessment to evaluate each detainee’s safety, known or reported medical or mental health issues and level of risk to themselves, other detainees, and sta based on the informa on available at the me of the assessment. O cers/Agents assigned transport or escort du es must be informed of any known adverse assessment pertaining to a detainee being transported or escorted.

At-Risk Indicator: If a transport assessment indicates that a detainee could be an at-risk detainee (see Sec on 4.2), o cers/agents must exercise par cular care during transport and escort.

2.5 T E

O /A R Compliance: O cers/Agents must comply with all opera onal o ce’s policies and procedures pertaining to the use of government vehicles as ar culated in the most recent Motor Vehicle Management Handbook, and must operate vehicles in accordance with all appropriate tra c laws and regula ons.

Pat-down Search: No detainee will be transported or escorted without the o cer/agent conduc ng a pat-down search of the detainee, except when exigent circumstances pose a safety hazard or danger to the o cer/agent, detainee, or public.

Vehicle Security: O cers/Agents must secure the vehicle before leaving it una ended. This includes removing the keys from the igni on.

Una ended Detainees: O cers/Agents must not leave detainees una ended in a vehicle.

Vehicle Inspec on: At the beginning and end of each shi , a physical inspec on of the vehicle’s con nement area is required.

Authorized A re: O cers/Agents must follow the opera onal o ce’s policies and procedures related to a re. Badges and nameplates should be worn on the outermost uniform garment and be visible to the public when prac cable.

Medical Issues: O cers/Agents must be alert to

Transport, Escort, Deten on, and Search 5 medical symptoms such as coughing, fever, diarrhea, rashes or emacia on, in addi on to obvious wounds, injuries, cuts, bruising or bleeding, heat related injury or illness, and dehydra on. Any observed or reported injury or illness must be reported, and appropriate medical care must be provided or sought in a mely manner.

Detainee Distress: In addi on to verbal communica on, o cers/agents must be alert to non-verbal cues exhibited by detainees that might indicate that the detainee is in mental or physical distress. This might include expressions of suicidal thoughts, hallucina ons, or other signs of disorienta on.

2.6 G T

E S Transport Determina on: In determining the number of o cers/agents and vehicles that are required for a par cular transport, the transport assessment, dura on of travel, des na on, and other appropriate factors must be considered.

Unsecured Vehicles: Using an unsecured vehicle to transport detainees should be avoided; however, opera onal circumstances may require o cers/ agents to use an unsecured vehicle to transport a detainee.

Gender of Transpor ng/Escor ng O cer/Agent:

Whenever opera onally feasible, transport/escort must be conducted by two o cers/agents with at least one being of the same gender or gender iden ty as the detainee(s).

Criminals: Whenever opera onally feasible, detainees who are in CBP custody for a non-immigra on criminal o ense, or who are known to have a violent criminal history, must be separated from other detainees when being transported.

Excep ons may be made on a case-by-case basis based on family unity.

Personal Property Access: No baggage, luggage, parcel, or personal property shall be accessible to detainees during transport unless the items have been thoroughly searched by o cers/agents and determined to present no risk to o cers/agents or any detainee. When exigent circumstances pose a safety hazard or danger to an o cer/agent, detainee, or member of the public that require a delay in searching personal property, a search must be conducted as soon as prac cable.

Seatbelts: All CBP employees in all seats of any motor vehicle used on o cial business must have their seatbelt properly fastened at all mes when the vehicle is in mo on. This includes CBP-owned and leased vehicles and rental vehicles operated by CBP employees while in temporary duty or travel status. Detainees should always be in seatbelts if available in the vehicle.

Safety and Security: O cers/Agents must maintain a clear view of immediate con nement areas to the extent permi ed by the transport vehicle, and remain alert to behavior that could jeopardize the safety and security of the o cers/agents, detainees, and the public. In the event a transport vehicle contains more than one o cer/agent, the secondary o cer/agent is responsible for detainee oversight during transport.

Meals: Meals and snacks will be made available during any transfer that exceeds six hours for juveniles and eight hours for adults.

Temperature: O cers/Agents should maintain vehicle temperature within a reasonable and comfortable range for both detainees and o cers/ agents. Under no circumstances will o cers/agents use temperature controls in a puni ve manner.

2.7 C A T

Prior to transpor ng detainees, o cers/agents must conduct an air transporta on assessment. The evalua on must include the detainees’ poten al risk for ight or escape, behavior, medical condi on, and if a request for accompanying medical personnel should be made, based on the informa on available at the me of the assessment.

2.8 M P

If o cers/agents suspect that a detainee has an observed or reported medical condi on, such as a contagious disease, appropriate protec ve precau ons must be taken and any required

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Transport, Escort, Deten on, and Search 6 no ca ons made according to the opera onal o ce’s policies and procedures.

In cases where a detainee expresses, either verbally or symptoma cally, a desire to harm themselves, o cers/agents should maintain a line of sight with the individual at all mes.

2.9 E S

T Opera onal o ces will establish a wri en policy to address emergency situa ons. This policy must direct local o ces, ports or sta ons to establish wri en procedures for transpor ng sta to follow in an en-route emergency and proper documenta on procedures a er such an emergency.

It is understood that based on the totality of the circumstances, di erent o cers/agents may have di erent responses to the same situa on, any of which may be both reasonable and necessary.

Ac ons taken during an emergency situa on must re ect the totality of the circumstances surrounding the situa on, including the presence of imminent danger to the o cers/agents or others.

At a minimum these policies and procedures must include the following situa ons and ac ons:

Imminent Loss of Life: If an emergency situa on is life-threatening, o cers/agents will take immediate ac on to address the situa on and make appropriate no ca ons.

Unconscious or Unresponsive Detainee: If a detainee becomes unconscious or unresponsive during transport, o cers/agents will immediately request emergency medical services, and render aid.

If a detainee is pronounced dead by quali ed medical personnel, o cers/agents must make appropriate no ca ons.

Illness or Injury: If a detainee becomes ill or injured prior to boarding the vehicle or while in transit, o cers/agents must alert the receiving o ce. If deemed appropriate, emergency medical services must be no ed.

External Threat: O cers/Agents should request immediate assistance and take appropriate ac on to mi gate the situa on. If the vehicle is incapacitated, o cers/agents will do everything possible to protect the safety of everyone in the vehicle.

Escape: In the event of an escape, pursuit of the escapee by o cers/agents should only be conducted when it does not jeopardize the security of the remaining detainees or members of the public.

O cers/Agents must no fy appropriate law enforcement agencies with a descrip on of the subject and known biographic data and make appropriate no ca ons.

Fire: In case of a vehicle re, o cers/agents must immediately stop the vehicle and evacuate the detainees in a safe and orderly fashion. O cers/ Agents are responsible for maintaining accountability of all detainees and reques ng assistance from the local re department and law enforcement agency.

Natural Disasters: In the event of a natural disaster, o cers/agents must contact the appropriate authori es to assess current condi ons along the planned route. If driving condi ons are unlikely to improve, transport must be delayed un l the emergency has passed. If o cers/agents are in transit and a natural disaster occurs, o cers/agents must stop the vehicle in a safe area, take appropriate ac ons for the safety and security of all employees and detainees, make appropriate no ca ons, and await further instruc ons. Should it become necessary to exit the vehicle, the detainees must be maintained in a safe area. O cers/Agents must maintain a heightened state of alertness for the dura on of the emergency. When the emergency has passed, the o cers/agents must return all detainees to the vehicle while ensuring accountability of all detainees.

Tra c Accident: In the event of a tra c accident involving the transport vehicle, o cers/agents must secure the area, obtain medical assistance for anyone who may be injured, and request assistance from the appropriate law enforcement agency.

O cers/Agents must make appropriate no ca ons.

Vehicle Failure: If a vehicle develops serious mechanical problems en route, o cers/agents will take appropriate ac ons for the safety and security of all detainees and make appropriate no ca ons.

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Disturbances by Detainees: If a detainee becomes violent or creates a disturbance that a ects their or another individual’s safety and security, o cers/ agents will take appropriate ac on to de-escalate the situa on, and make appropriate no ca ons.

2.10 T D D

M

When transferring a detainee, o cers/agents must ensure that all appropriate documenta on accompanies the detainee including all appropriate medical records and medica on as required by the opera onal o ce’s policies and procedures.

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3.0 SEARCHES OF INDIVIDUALS

For search standards related to at-risk detainees, see Sec on 5.5. The at-risk determina on process can be found in Sec on 4.2.

3.1 R

Legal Authority and Standards: All searches must be conducted under the appropriate legal authority and standards. O cers/Agents must be diligent in their e orts to protect a detainee’s legal rights and treat detainees with respect, dignity, and an appropriate level of privacy.

Decision to Search: O cers/Agents must consider the totality of the circumstances and ar culable factors when making a decision to search.

Privacy: Recognizing the poten al intrusiveness of these searches on an individual’s sense of privacy, searches must be conducted only with the proper legal authority and jus ca on, with due recogni on and deference for the human dignity of those being searched, and in accordance with the opera onal o ce’s policies and procedures.

Conduct of Search: Searches must be conducted in a professional, thorough, and reasonable manner, consistent with the type of search required. In no case should any complaint, threat of complaint, or physical resistance result in a detainee not being searched, or being searched less thoroughly than is warranted by the circumstances.

Documenta on: Each opera onal o ce determines search documenta on requirements. However, all strip searches, X-ray searches, body cavity searches, and monitored bowel movements (MBM) must be recorded in the appropriate electronic system(s) of record. The report must contain the reason for the search, results of the search, a descrip on of any contraband recovered, who conducted the search, and who authorized the search.

3.2 U R

General: The use of restraints on detainees during the search process must be in a manner that is safe, secure, humane, and professional. It is the responsibility of o cers/agents to ensure that the need and level of restraints used is consistent with the opera onal o ce’s policies and procedures. At no me will restraints be used in a puni ve manner or in a manner that causes detainees undue pain.

Tes ng Restraints: O cers/Agents must regularly test handcu s, leg restraints, belly chains, or other restraining devices to ensure that they are func oning properly.

3.3 C

All search instruc ons must be communicated to the detainee in a language or manner the detainee can comprehend. For safety reasons, an explana on of an immediate pat-down for weapons or dangerous objects may be conducted a er the search. O cers/ Agents will explain the search process, in general terms, as the search progresses.

3.4 G S O /

A Whenever opera onally feasible, o cers/agents conduc ng a search or that are present at a medical examina on, must be of the same gender, gender iden ty, or declared gender as the detainee being searched.

Cross-gender strip searches or cross-gender visual body cavity searches must not be conducted except in exigent circumstances including considera on of o cer safety, or when performed by medical prac oners. When o cers/agents of the opposite gender perform a strip search or are present at a medical examina on such as a body cavity search, MBM, or X-ray, it is mandatory that two o cers/ agents be present.

3.5 M E

O cers/Agents have a responsibility to safeguard detainees during a search. If there is any observed or reported indica on that the detainee is injured or in any way may require medical treatment, appropriate medical care must be provided or sought in a mely manner.

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3.6 P -D S

Immediate Pat-down/Terry Frisk: An immediate pat -down or Terry frisk is an external search necessary to ensure o cer safety. The scope of an immediate pat-down must be limited to those areas on a detainee where an o cer/agent suspects a weapon or dangerous object may be concealed. There may be cases where it is necessary to search the en re detainee to ensure a weapon and/or dangerous object is not present. This may include the removal of a detainee’s shoes to ensure there is no weapon present, but not the removal for the purpose of checking for merchandise (including contraband).

Search Incident to Arrest: An external search incident to a lawful arrest includes a search for both dangerous weapons and evidence. The facts and circumstances surrounding an arrest will dictate the degree of intrusiveness necessary to properly conduct the search.

Non-search Related Examina ons: For the purposes of this policy, examina ons of detainees conducted by o cers/agents for the documenta on of illness, injury, ta oos, or other iden fying markings do not cons tute a search. This includes examina ons that involve the manipula on of or removal of a detainee’s clothes or garments except to the extent that such manipula on reveals breasts, bu ocks, or genitalia.

3.7 S S

General: A strip search requires a person to remove or arrange some or all clothing to permit a visual inspec on of the person’s breasts, bu ocks, or genitalia related to searches for contraband.

Supervisory Approval: O cers/Agents must obtain supervisory approval authorized by the opera onal o ce’s policies and procedures before conduc ng a strip search. (Telephonic approval is permi ed).

Strip Search Documenta on: All strip searches, the reason for the search, and the authorizing supervisor must be documented in the appropriate electronic system(s) of record.

Privacy: All strip searches must be conducted in a manner and loca on that provides the greatest degree of privacy possible. The number of o cers/ agents present must be limited to the minimum number needed to conduct and witness the search.

Strip Search Conduct: Generally during a strip search, the detainee being searched should remove their own clothing unless they refuse to cooperate.

O cers/Agents should not touch the detainee during a strip search unless the detainee refuses to remove any ar cle of clothing or otherwise impedes the o cer/agent in the performance of their du es.

In those rare instances where an o cer/agent is required to touch a detainee or remove clothing, the circumstances must be documented.

Communica on: O cers/Agents must ensure that the explana on of the search process is in a language or manner the detainee comprehends.

Search of Clothing: Each ar cle of clothing that is removed must be thoroughly searched by the o cer/agent.

Search of Prosthe c Devices: Removal of prosthe c devices such as an ar cial limb is considered to be part of a strip search. If there is reasonable suspicion that contraband may be concealed within the device, the detainee being searched should remove the device if they can do so without medical assistance. If they cannot, or refuse to do so, the o cer/agent must seek the assistance of medical personnel.

Search of Casts: Removal of a cast is considered to be part of a strip search. If there is reasonable suspicion that contraband may be concealed within a cast, o cers/agents must take the detainee to a medical facility to have the cast X-rayed and/or removed. Under no circumstances will a cast be probed or removed by an o cer/agent while it is a ached to a detainee’s body.

Search of Splints: Splints that are not able to be removed by the detainee should be removed by a medical prac oner such as a creden aled EMT. If there is any concern for the safety of the detainee, this should be done at a medical facility.

Objects in the Rectal Cavity: O cers/Agents should not ask a detainee to remove an object from the rectal cavity or a empt to remove it themselves. If there is reasonable suspicion that the detainee is carrying contraband in the rectal cavity, o cers/

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Transport, Escort, Deten on, and Search 10 agents must consult and receive approval from a supervisor, and immediately proceed to a medical facility for a body cavity search conducted by a medical prac oner. Further ac on must be consistent with the opera onal o ce’s policies and procedures.

Objects in the Vaginal Cavity: If an object in the vaginal cavity is detected and it is reasonably suspected that the object may contain contraband, o cers/agents must stop the search and consult a supervisor. If the supervisor concurs that reasonable suspicion exists, the supervisor may authorize the o cer/agent to ask the detainee to voluntarily remove the object. If the detainee refuses to voluntarily remove the object, o cers/agents must consult and receive approval from a supervisor, and immediately proceed to a medical facility for a body cavity search conducted by a medical prac oner.

Further ac on must be consistent with the opera onal o ce’s policies and procedures.

3.8 B C S

General: A body cavity search is any internal search consis ng of the visual or physical intrusion into the rectal or vaginal cavity.

Medical Prac oner and Medical Facility Requirement: O cers/Agents are prohibited from conduc ng physically intrusive body cavity searches.

This type of body cavity search should be conducted only under the most excep onal circumstances, and only by medical prac oners at a medical facility.

Supervisory Approval for Body Cavity Searches:

Body cavity searches will be conducted only a er being approved by a supervisor authorized by the opera onal o ce’s policies and procedures and a er obtaining consent or a search warrant. If a quali ed medical prac oner determines that immediate ac on must be taken to protect the health of the detainee, such ac on is authorized. (Telephonic approval is permi ed).

Documenta on of a Body Cavity Search: All body cavity searches, the reason for the search, the authorizing supervisor, and the outcome must be documented in the appropriate electronic system(s) of record. In the case of more physically intrusive body cavity searches, the name of the medical facility where the search was performed must also be documented in the appropriate electronic system

(s) of record.

Communica on: O cers/Agents must ensure that the explana on of the search process is in a language or manner the detainee comprehends.

Use of Restroom: When a detainee who is suspected of internally carrying contraband requests to use the restroom prior to being taken to a medical facility, the detainee will be escorted to a restroom without ushable toilet facili es.

Prohibi on on Observa on: Only medical prac oners may observe a physically intrusive body cavity search. O cers/Agents may be in the room only for the purposes of corrobora ng any evidence found and to provide safety and security. O cers/ Agents are prohibited from serving as a medical witness (standby).

Nega ve Results Determina on: When a medical prac oner has determined that foreign objects are not present via a body cavity search and that no further medical treatment is required, the detainee must be immediately transported back to the CBP facility, unless the CBP supervisor determines that addi onal ac ons should be taken.

Inconclusive Results Determina on: If a medical prac oner deems the body cavity search inconclusive, a decision must be made by the CBP supervisor a er obtaining legal advice from CBP counsel to determine the next appropriate steps.

Posi ve Results Determina on: If a medical prac oner believes that the body cavity search indicates the presence of foreign objects, a CBP supervisor must be no ed to approve the deten on of the detainee for further medical treatment, consistent with the opera onal o ce’s policies and procedures.

3.9 M X-R

General: An X-ray search is an internal search consis ng of the use of a medical X-ray by medical prac oners to determine the presence of contraband within the body.

Supervisory Approval: An X-ray search will be conducted only a er being approved by a supervisor

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Transport, Escort, Deten on, and Search 11 authorized by the opera onal o ce’s policies and procedures and a er obtaining consent or a search warrant. If a quali ed medical prac oner determines that immediate ac on must be taken to protect the health of the detainee, such ac on is authorized. (Telephonic approval is permi ed).

Documenta on of an X-Ray Search: All x-ray searches, the reason for the search, the authorizing supervisor, the name of the medical facility, and the outcome must be documented in the appropriate electronic system(s) of record.

Medical Prac oner and Medical Facility Requirement: Medical prac oners will conduct the X-ray search at a medical facility. O cers/Agents are prohibited from conduc ng X-ray examina ons or u lizing any CBP equipment to conduct an X-ray examina on. Only quali ed medical prac oners may read and interpret the X-ray.

Communica on: O cers/Agents must ensure that an overview of the X-ray process, including a request for consent, is in a language or manner the detainee comprehends.

Consent: Consent to search must be freely and voluntarily given as it relates to X-rays before the X-ray is administered. Involuntary X-ray searches require a court order. Involuntary X-ray searches will be conducted only under the most extraordinary circumstances, and never on detainees who are pregnant or a detainee who refuses to have a pregnancy test a er having been determined by medical personnel to require a pregnancy test.

Pregnancy Test: When a detainee is taken to a medical facility for an X-ray search, medical personnel will determine if a pregnancy test is required prior to an X-ray. If medical personnel determine a pregnancy test is necessary and the detainee refuses the pregnancy test, a decision to determine the next appropriate steps must be made by a CBP supervisor a er obtaining legal advice from CBP counsel.

Revoca on of Consent: A detainee may revoke consent for an X-ray search at any me, even at the medical facility. The revoca on may be verbal or by ac ons. If the detainee revokes consent, o cers/ agents must immediately inform the medical prac oner to stop the X-ray search based on the revoca on of consent and no fy their supervisor.

Revoca on of consent must be documented in the appropriate electronic system(s) of records.

Nega ve Results Determina on: When a medical prac oner has determined that foreign objects are not present in the body and that no further medical treatment is required, the detainee must be immediately transported back to the CBP facility, unless the CBP supervisor determines that addi onal ac ons should be taken.

Inconclusive Results Determina on: If a medical prac oner deems the X-ray inconclusive, a decision must be made by the CBP supervisor a er obtaining legal advice from CBP counsel to determine the next appropriate steps.

Posi ve Results Determina on: If a medical prac oner believes that the X-ray indicates the presence of foreign objects, a CBP supervisor must be no ed to approve the deten on of the detainee for further medical treatment, consistent with the opera onal o ce’s policies and procedures.

3.10 M B M

(MBM) S

General: An MBM search is an internal search consis ng of detaining a suspect, under close observa on, to permit me for a swallowed object to be expelled by the body through natural means.

The MBM involves both an extended period of deten on coupled with close observa on of the detainee and inspec on of all fecal material, and may be necessary where the detainee refuses to submit to an examina on to con rm the existence of swallowed contraband or where such examina on is not considered medically appropriate. Prior to the detainee being transported to a medical facility, he or she may be placed in a CBP hold room or other designated area without ushable toilet facili es.

Medical Supervision and Medical Facility Requirement: Because of the danger that internally swallowed or stu ed drug containers may rupture, the detainee must be taken to a medical facility as soon as possible and placed under medical supervision (with appropriate security) to minimize possible injury. O cers/Agents are prohibited from conduc ng MBM. MBM must not be conducted at CBP facili es.

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Supervisory Approval: O cers/Agents must obtain supervisory approval authorized by the opera onal o ce’s policies and procedures before a detainee undergoes an MBM. (Telephonic approval is permi ed).

Documenta on of an MBM Search: All MBM searches, the reason for the search, the authorizing supervisor, the name of the medical facility, and the outcome must be documented in the appropriate electronic system(s) of record.

Communica on: O cers/Agents must ensure that an overview of the MBM process is in a language or manner the detainee comprehends.

3.11 M T

A M F Medical Decision Making: Once a detainee is at a medical facility, medical prac oners make all medical decisions which may include medical release or tness for travel. O cers/Agents have no authority over the detainee’s medical treatment, but remain responsible for enforcement decisions regarding the detainee.

O cer/Agent Medical Prohibi on: Except for assistance with lifesaving emergency medical care which they feel comfortable rendering and are trained to render, o cers/agents will not administer medical techniques or medica ons, unless they are quali ed emergency medical technicians or paramedics rendering care.

Medical Treatment Protocols: While medical treatment is based on the local standard of care and at the discre on of the medical prac oner, recommended medical treatment protocols from the DHS Chief Medical O cer are available.

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4.0 SECURE DETENTION STANDARDS

For deten on standards related to at-risk detainees, see Sec on 5.6. The at-risk determina on process can be found in Sec on 4.2.

4.1 D D

Detainees should generally not be held for longer than 72 hours in CBP hold rooms or holding facili es.

Every e ort must be made to hold detainees for the least amount of me required for their processing, transfer, release, or repatria on as appropriate and as opera onally feasible.

4.2 A -R D D

P Before placing any detainees together in a hold room or holding facility, o cers/agents shall assess the informa on before them to determine if the detainee may be considered an at-risk detainee, or at risk of posing a threat to others. This assessment will include:

Whether the detainee has or demonstrates a mental, physical, or developmental disability;

Whether the detainee has an observed or reported serious physical/mental injury or illness;

The age of the detainee;

Whether the detainee is pregnant or nursing;

The physical build and appearance of the detainee;

The detainee’s own stated concerns about his or her physical safety;

Whether the detainee has self-iden ed as gay, lesbian, bisexual, transgender, intersex, or gender nonconforming;

Whether the detainee has self-iden ed as having previously experienced sexual vic miza on;

The detainee’s risk of being sexually abused by other detainees;

Whether a detainee may be sexually abusive toward other detainees; and

Whether the detainee has previously been incarcerated or detained (this should include the nature of the detainee’s criminal or violent history, and/or gang a lia on, and whether the detainee has any convic ons for sex o enses against an adult or child).

Privacy: E orts should be taken to ensure that all assessments are conducted in a way that provides detainees the greatest level of privacy possible. All CBP facili es must implement appropriate controls on the dissemina on of private and/or sensi ve informa on provided by detainees under this sec on. O cers/Agents will disclose this informa on only to those personnel with a need to know according to the opera onal o ce’s policies and procedures. If the informa on obtained under this sec on is maintained in a Privacy Act compliant system of records, the informa on may be disclosed pursuant to the rou ne uses iden ed in the applicable System of Records No ce.

4.3 G D P

Medical Issues: Upon a detainee’s entry into any CBP hold room, o cers/agents must ask detainees about, and visually inspect for any sign of injury, illness, or physical or mental health concerns and ques on the detainee about any prescrip on medica ons. Observed or reported injuries or illnesses should be communicated to a supervisor, documented in the appropriate electronic system(s) of record, and appropriate medical care should be provided or sought in a mely manner.

Medical Precau ons: If o cers/agents suspect that a detainee has an observed or reported medical condi on, such as a contagious disease, appropriate protec ve precau ons must be taken and any required no ca ons made according to the opera onal o ce’s policies and procedures.

Search: Detainees must be searched for weapons and contraband prior to being placed in a CBP hold room.

Gender of Searching O cer/Agent: Whenever opera onally feasible, o cers/agents conduc ng a search or that are present at a medical examina on must be of the same gender, gender iden ty, or declared gender as the detainee being searched.

Cross-gender strip searches or cross-gender visual body cavity searches must not be conducted except in exigent circumstances including considera on of o cer/agent safety, or when performed by medical prac oners.

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Safety and Security Repor ng: During shi change o cers/agents must convey all known informa on of vulnerabili es, escape risks, criminal background or involvement, and/or violence to oncoming o cers/agents.

Gender Segrega on: Male and female adult detainees will be segregated at all mes when in hold rooms. Par cular care should be a orded to at-risk popula ons, including transgender and intersex detainees. Excep ons may be made on a case by case basis, based on family unity.

Juvenile/Adult Segrega on: Detainees under the age of 18 years will not be held with adult detainees, unless the adult is an immediate rela ve or legal guardian responsible for the care and custody of the juvenile, and no other adult detainees are present in the area. Excep ons may be made on a case-by-case basis, based on family unity.

Family Units: Generally, family units with juveniles should not be separated. When it is necessary to separate juveniles from the parent(s) and/or legal guardian(s), o cers/agents must follow their opera onal o ce’s policies and procedures and appropriate legal requirements. In circumstances where family units must be separated due to di erent immigra on disposi ons, such separa on much be documented in the appropriate electronic system(s) of record.

Evacua on Plan: Every CBP facility will have an evacua on plan that is posted in the processing area.

The supervisor is responsible for ensuring that all sta members are familiar with evacua on procedures.

4.4 R P

General: The use of restraints on detainees during deten on must be in a manner that is safe, secure, humane, and professional. It is the responsibility of o cers/agents to ensure that the need and level of restraints used is consistent with the opera onal o ce’s policies and procedures. Detainees who are restrained must be monitored at all mes. At no me will restraints be used in a puni ve manner or in a manner that causes detainees undue pain.

Tes ng Restraints: O cers/Agents must regularly test handcu s, leg restraints, belly chains, or other restraining devices to ensure that they are func oning properly.

4.5 E S ( ) R

All custodial ac ons, no ca ons, and transports that occur a er the detainee has been received into a CBP facility must be accurately recorded in the appropriate electronic system(s) of record as soon as prac cable. The electronic system(s) of record must contain the informa on listed below:

Name of the person detained Country of birth (COB) Date of birth (DOB) Date and me placed into a hold room or una ended secure area Date and me removed from a hold room or una ended secure area Reason detained O cer’s/Agent’s name Supervisor’s name Final disposi on

Whenever possible, the electronic system(s) of record should also include any of the following that apply:

Personal belongings secured, receipted, and/or returned

Screened for tra cking (yes/no) Telephone use Language services provided and language spoken if other than English or Spanish (including services provided to the hearing impaired)

Medical care requested/provided/declined Detainee’s receipt of list of legal services providers Bedding provided/declined Meals provided/meals refused Visual and/or verbal checks completed Showers, if provided Transpor ng agency, personnel iden ca on, and mode of transporta on Date/ me depar ng the facility

In the event that the appropriate electronic system is inoperable, paper logs must be used un l the electronic system is opera onal. Any informa on recorded on paper logs must be entered into the appropriate electronic system(s) of record once the system is available.

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4.6 H R M

Supervision and Inspec ons: O cers/Agents must closely supervise hold rooms when in use.

Monitoring must occur in a regular and frequent manner. In hold rooms with visual limita ons, a physical check is required. Direct supervision and control of detainees must be maintained at all facili es that do not have secure areas.

Non-24 Hour Holding Facili es: Prior to the closing of any hold room facility that does not operate on a 24 hour basis, a physical inspec on of the hold room is required.

Checks: O cers/Agents will physically check hold rooms on a regular and frequent manner, according to each opera onal o ce’s policies and procedures.

Physical inspec ons must be recorded in the appropriate electronic system(s) of record as soon as prac cable.

Privacy: O cers/Agents will enable detainees to shower (where showers are available), perform bodily func ons, and change clothing without being viewed by sta of the opposite gender, except in exigent circumstances or when such viewing is incidental to rou ne cell checks or is otherwise appropriate in connec on with a medical examina on or MBM under medical supervision.

O cer/Agent Hold Room Entry: O cers/Agents of the opposite gender will announce their presence when entering an area where detainees are likely to be showering, performing bodily func ons, or changing clothing, except in exigent circumstances or when such viewing is incidental to rou ne cell checks.

Use of Restrooms: If restrooms are not available in the secure area, supervisors must ensure that an o cer/agent is within visible or audible range of the secure area to allow detainees to access restrooms upon request.

Voyeurism: O cers/Agents must not engage in any act of voyeurism.

4.7 H R S

Capacity: Every e ort must be made to ensure that hold rooms house no more detainees than prescribed by the opera onal o ce’s policies and procedures. Capacity may only be exceeded with supervisory approval. However, under no circumstances should the maximum occupancy rate, as set by the re marshal, be exceeded.

Hold Room Checks: Regular hold room checks should be conducted and recorded to ensure proper occupancy levels, safety, hygiene, and the availability of drinking water. Such checks should be recorded in the appropriate electronic systems of record as soon as prac cable.

Weapons and Tampering: Hold rooms will be regularly inspected for evidence of tampering and must be cleared of all items that could be used to facilitate an escape, or as a weapon to do bodily harm to the detainee or others.

Cleanliness: All facili es or hold rooms used to hold detainees must be regularly and professionally cleaned and sani zed. O cers/Agents or detainees will not be expected nor required to perform such tasks.

Use of Tobacco Products: Use of tobacco products by detainees is strictly prohibited in hold rooms.

Temperature Controls: When it is within CBP control, o cers/agents should maintain hold room temperature within a reasonable and comfortable range for both detainees and o cers/agents. Under no circumstances will o cers/agents use temperature controls in a puni ve manner.

4.8 C C L

L S P As appropriate, detainees must be advised of their right to consular access in a language or manner the detainee comprehends. If requested by a detainee, consular contact will be a orded as soon as opera onally feasible. Detainees referred for removal proceedings shall be provided with a list of legal service providers and their contact informa on.

4.9 T

O cers/Agents must grant detainees telephone access per the opera onal o ce’s policies and procedures and may, at their discre on, grant telephone access to any detainee even if not required. Detainees who wish to make other than a

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Unaccompanied Alien Children (UAC) must be o ered use of a telephone.

4.10 M

Medical Emergencies: Emergency medical services will be called immediately in the event of a medical emergency (e.g., heart a ack, di culty breathing) and the call will be documented in the appropriate electronic system(s) of record. O cers/Agents must no fy the shi supervisor of all medical emergencies as soon as possible a er contac ng emergency services.

Contagious Disease: If an o cer/agent suspects or a detainee reports that a detainee may have a contagious disease, the detainee should be separated whenever opera onally feasible, and all other appropriate precau ons must be taken and required no ca ons made, according to the opera onal o ce’s policies and procedures.

Medica on: Except for assistance with lifesaving emergency medical care which they feel comfortable rendering and are trained to render, o cers/agents will not administer medical techniques, medica ons, or prepara ons unless they are quali ed emergency medical technicians or paramedics rendering care.

Medica on prescribed in the United States, validated by a medical professional if not U.S.-prescribed, or in the detainee’s possession during general processing in a properly iden ed container with the speci c dosage indicated, must be self-administered under the supervision of an o cer/ agent. If a detainee is unable to self-administer their medica ons due to age or disability, o cers/agents may assist the detainee. All detainee refusals of prescribed medica on or medical assistance must be noted in the appropriate electronic system(s) of record.

Non U.S.-Prescribed Medica on: Any detainee, not in general processing, with non U.S.-prescribed medica on, should have the medica on validated by a medical professional, or should be taken in a mely manner to a medical prac oner to obtain an equivalent U.S. prescrip on. Excep ons to this requirement may only be made by a supervisor in collabora on with a medical professional and based on expected dura on of deten on and/or elec ve nature of the medica on. If such an excep on is made, it must be recorded in the appropriate electronic system(s) of record.

Emergency Medical Services Transfer: If a detainee is transferred by emergency medical services for further medical treatment, at least one o cer/agent shall escort or follow the emergency vehicle and remain with the detainee un l medical authori es determine whether the situa on will require hospitaliza on or con nued medical care.

Hospitaliza on: If the detainee is hospitalized, o cers/agents will follow their opera onal o ce’s policies and procedures, and document the hospitaliza on in the appropriate electronic system

(s) of record. At a minimum, the discharge summary, treatment plans, and prescribed medica ons from any medical evalua on should accompany the detainee upon transfer or repatria on.

Health Informa on Privacy: A detainee’s private health/medical informa on must be protected, and disseminated only to those personnel with a legi mate need to know, according to the opera onal o ce’s policies and procedures.

4.11 H

Basic Hygiene Items: Detainees must be provided with basic personal hygiene items, consistent with short term deten on and safety and security needs.

Families with small children will also have access to diapers and baby wipes.

Showers: Reasonable e orts will be made to provide showers, soap, and a clean towel to detainees who are approaching 72 hours in deten on.

Restrooms: Detainees using the restroom will have access to toiletry items, such as toilet paper and sanitary napkins. Whenever opera onally feasible, soap may be made available.

4.12 B

Clean bedding must be provided to juveniles. When available, clean blankets must be provided to adult detainees upon request.

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4.13 F B

General: Food and water should never be used as a reward, or withheld as punishment. Food provided must be in edible condi on (not frozen, expired or spoiled).

Meal Timeframe: Adult detainees, whether in a hold room or not, will be provided with food at regularly scheduled meal mes. All meal service must be documented in the appropriate electronic system(s) of record. For juvenile meal meframes, see Sec on 5.6.

Snack Timeframe: Adult detainees, whether in a hold room or not, will be provided with snacks between regularly scheduled meal mes. For juvenile snack meframes, see Sec on 5.6.

Requests: When an adult detainee requests a snack or food before the next food service, o cers/agents may grant the request on the basis of the circumstances.

Dietary Restric ons: O cers/Agents should remain cognizant of a detainee’s religious or other dietary restric ons.

4.14 D W

Func oning drinking fountains or clean drinking water along with clean drinking cups must always be…