Addendum_B_ICE_EOIR_Design_Standards.pdf

U.S. Department of Homeland Security U.S. Immigration and Customs Enforcement Office of Detention and Removal Operations

CONTRACT DETENTION FACILITY

DESIGN STANDARDS

for EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

March 20, 2007 ii

U.S. DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement Office of Detention and Removal Operations

CONTRACT DETENTION FACILITY

Design Standards for

Executive Office for Immigration Review iii

The U.S. Department of Homeland Security gratefully acknowledges the participation and input of the following individuals:

Immigration and Customs Enforcement (ICE) is a component of the U.S. Department of Homeland Security (DHS).

ICE brings a unified and coordinated focus to the enforcement of federal immigration laws, customs laws, and air security laws. ICE brings to bear all of the considerable resources and authorities invested in it to fulfill its primary mission: to detect vulnerabilities and prevent violations that threaten national security.

As an Operational Division of ICE, the Office of Detention and Removal Operations (DRO) is responsible for public safety and national security by ensuring the departure from the United States of all removable aliens and by enforcing the Nation’s immigration laws.

Because of increasing demands on Service resources, ICE/DRO personnel must be able to share information rapidly and efficiently in order to succeed in fulfilling the Service mission.

In addition to this document, which establishes the EOIR Court Design Standards, other documents are being developed that provide additional related information for planning and design of Contract Detention Facilities (CDF).

U.S. Immigration and Customs Enforcement - Office of Detention and Removal Operations Dalton D. Lilly, Chief of Acquisition and Support

U.S. Department of Justice - Executive Office for Immigration Review Mary Jane Graul, Chief, Space and Facilities Management Staff Zlatko Jovanovic, Deputy Chief, Space and Facilities Management Staff

Performa, Inc.

David A. Robillard, President - Performa’s Governmental/Justice Team Paul DeLeeuw, NCARB, Strategic Planner Scott Wohr, Strategic Planner iv v

DHS - IMMIGRATION AND CUSTOMS ENFORCEMENT

EOIR Court Design Standards

Table of Contents

Page

1. INTRODUCTION .................................................................................................................................. 1.1

- Project Statement

- Design Standards Purpose

- Design Standards Organization

2. ORGANIZATIONAL REQUIREMENTS................................................................................................ 2.1

- EOIR Court Background

- EOIR Court Function

- EOIR Court Organization

3. OPERATIONAL REQUIREMENTS ...................................................................................................... 3.1

- CDF Operational Model

- EOIR Court Operational Units

- EOIR Court Staff Positions

- EOIR Court Staff Forecasts

4. FUNCTIONAL REQUIREMENTS ........................................................................................................ 4.1

- EOIR Court Space Requirements

1.0 Court Unit Requirements

2.0 Administrative Unit Requirements

3.0 Common Support Unit Requirements

- Technical Requirements

5. APPENDIX .......................................................................................................................................... 5.1

- Reference Publications

- Acronyms and Abbreviations vi

1.1

1. INTRODUCTION

Project Statement Design Standards Purpose Design Standards Organization

Project Statement

DHS - Immigration and Customs Enforcement EOIR Court Design Standards

1.2

PROJECT INTENT

The U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) are responsible for detaining those who have entered the United State illegally or violated their immigration status. Facilities used by DHS/ICE for detention are called Service Processing Centers (SPC’s) or Contract Detention Facilities (CDF’s). The purpose of these facilities is to provide a place of detention for aliens who are taken into custody pending completion of their deportation case or pending release.

It is the intent of this project and Design Standards to develop a set of planning and design standards from which Contract Detention Facilities are built. The operational components within a CDF are derived from categorizing the personnel groups and service activities of a CDF. The level of securing required determines how the components are organized. The side bar to the right lists the main operational components within a CDF and for each their functional areas. This report establishes the planning and design guidelines for one of the court/interface components called the Executive Office for Immigration Review (EOIR) Court.

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

The Executive Office for Immigration Review (EOIR) is part of the Department of Justice (DOJ) and oversees the immigration courts. The EOIR Court determines if an alien will be granted permission to reside in the U.S.

The EOIR Court component is located within the court interface zone of the CDF complex and includes courtrooms, and work areas.

Office Components Normal office setting for administrative and public functions of the CDF. (They are located outside the secure perimeter.)

- Lobby

- Public Visitation

- Deportation

- INS Court Attorneys

- SPC Administration

- Staff Services & Training

- LANS

Detainee Living Components Located inside the secure perimeter they are used by the detainees during their normal daily routine.

- Security Command

- Housing

- Commissary

- Recreation

- Law Library/Recreational Library

- Food Service Dining

Court and Public/Detainee/Interface Components This component includes the EOIR Court work area and courtroom space.

- EOIR Court

- Attorney/Contact Visiting

Service Components Service functions for the CDF detainee population. They are typically placed in a secure area because detainees require frequent access to them or are given work details in these components.

- Mailroom

- Processing

- Visiting

- Health Services

- Food Service Preparation

- Laundry

- Detainee Work/Industries

Facility Support Components These elements support the facility but do not provide direct services to the detainees and may be located outside the secure perimeter.

- Warehouse and Supply

- Maintenance

- Central Utility Plant

CDF Operational Components

1.3

Pearsall Contract Detention Facility Pearsall, TX

Total Facility Gross Square Feet = 251,950 Total EOIR Gross Square Feet = 9,480 Total Beds = 1,200

CDF Floor Plan

EOIR

EOIR Floor Plan CDF Site Plan

EXAMPLE: Contract Detention Facility

Design Standards Purpose

EOIR Court Design Standards

1.4

PURPOSE OF THE DESIGN STANDARDS

The EOIR Court Design Standards (hereafter referred to as the Standards) contains criteria and concepts for the planning and design of the EOIR Court. The standards contain the organizational, operational, and functional requirements for the EOIR Court Component.

The purpose of the Standards, is to establish operational directions and architectural relationships for future EOIR Court spaces. The decisions made and policies adopted during the development of the Standards are intended to provide direction and guidance during the planning and design of existing and future Contract Detention Facilities, bringing standardization to the facilities as well as reducing the amount of effort and time required to design, construct and activate facilities.

USERS OF THE DESIGN STANDARDS

This document is intended for all individuals involved in the planning and design of a CDF facility, including architects and engineers, EOIR staff, DHS/ICE staff located at Headquarters, Regional, and District offices assigned to Detention and Removal, Engineering Design and Construction, and any other DHS agencies involved. This document is intended to communicate ICE/EOIR requirements to other service providers providing design, construction, and facility management services.

APPLICATION OF THE DESIGN STANDARDS

The architectural information contained in the EOIR Court Design Standards should be viewed as ICE/EOIR policy applicable to the design of all CDF facilities. It is intended to provide to the user clear guidance on project requirements, conceptual solutions, and specific technical details. The information is intended to focus the user on meeting ICE/EOIR needs, to educate regarding design of EOIR Court facilities, and to establish design performance conditions as well as to provide design solutions.

The requirements in the Standards are generic in nature. Specific applications such as the mission of the proposed facility, site conditions, ability to receive service support from local communities and other institutions, and climactic differences must be considered.

The EOIR Court Design Standards provide instructions that must be met, alternative acceptable solutions, and design issues the user should consider. For instructions that must be met, the user shall comply and provide final designs that meet these instructions.

Alternative acceptable solutions provide the user with flexible choices to react to variations unique to the specific project. Issues being considered help the user understand the context of the problem and the needs of ICE and the EOIR Court.

The Design Standards are meant to be used as a guideline for the layout of the EOIR Court. Design decisions must be coordinated through EOIR Space and Facilities Management Staff (SFMS) and the ICE/DRO Facilities Management Unit. A review process will be established at the inception of each project and at the 30/60/90 percent design phases.

EOIR SFMS and ICE/DRO OFM will provide approvals after each stage. EOIR will provide final approvals from the EOIR Office of the Chief Immigration Judge (OCIJ) and Office of the Director (OD).

Any deviations from the design standards must be approved by EOIR SFMS and ICE/DRO OFM.

1.5

Design Standards Organization

EOIR Court Design Standards

1.6

ORGANIZATION OF THE EOIR COURT DESIGN

STANDARDS

The EOIR Court Design Standards are organized to provide conceptual and technical information in a structured manner.

The Design Standards document is organized for ease of use. The Standards are organized into five sections.

Each section is designed to stand alone so it may be extracted for use in the planning and design process.

The side bar to the right briefly outlines the contents of each section of this document.

DESIGN STANDARDS DEVELOPMENT PROCESS

The design standards documented herein have been developed by selected representatives from ICE/DRO and EOIR.

The Standards Development Team, reviewed and evaluated existing EOIR standards documents and assessed existing Service Processing Centers and Contract Detention Facilities noting advantages and disadvantages of each EOIR layout.

The goal of the new standards is to enhance the organizational, operational, and functional efficiencies within an EOIR Court unit and to enhance its relationship to all of the other CDF components.

Section 1. Introduction The Introduction identifies the overall function of a CDF and discusses the purpose and organization of the Design Standards.

Section 2. Organizational Requirements This section of the Standards discusses the history of EOIR Court how it is organized within the Department of Justice (DOJ) as well as within a CDF.

Section 3. Operational Requirements This section of the Standards discusses the physical relationships of EOIR Court within a CDF and between the EOIR Court Units.

Staff positions are identified and correspond per the number of detainee beds.

Section 4. Functional Requirements This section of the Standards discusses the spaces needed for each EOIR Court Unit and corresponding technical requirements (i.e. functional description, room or area photograph, space plan, material, and equipment list).

Section 5. Appendix This section of the Standards contains a listing of reference publications and acronyms/abbreviations.

Design Standards Contents

1.7

Project Statement

Design Standards Purpose

Design Standards Organization

1. INTRODUCTION

2. ORGANIZATIONAL REQUIREMENTS

3. OPERATIONAL REQUIREMENTS

4. FUNCTIONAL REQUIREMENTS

5. APPENDIX

EOIR Court Space Requirements

1.0 Court Unit Requirements

2.0 Administrative Unit Requirements

3.0 Common Support Unit Requirements

EOIR Court Background

EOIR Court Function

EOIR Court Organization

CDF Operational Model

EOIR Court Operational Units

EOIR Court Staff Positions

EOIR Court Staff Forecasts

Reference Publications

Acronyms and Abbreviations

Design Standards Report Contents

2.1

2. ORGANIZATIONAL REQUIREMENTS

EOIR Court Background EOIR Court Function EOIR Court Organization

EOIR Court Background

2.2

OVERVIEW

The Executive Office for Immigration Review (EOIR) is an administrative tribunal that presides over all trial and appellate cases involving charges of immigration violations. On behalf of the Attorney General, EOIR exercises authority to interpret and administer Federal immigration laws and regulations through Immigration court proceedings, appellate reviews, and administrative hearings in certain types of immigration-related cases.

The Executive Office for Immigration Review (EOIR) was created on January 9, 1983, through an internal Department of Justice (DOJ) reorganization which combined the Board of Immigration Appeals (BIA or Board) with the Immigration Judge function previously performed by the former Immigration and Naturalization Service (INS), now part of the U.S.

Department of Homeland Security.

MANDATE AND MISSION

EOIR’s mandate is to provide a fair, expeditious, and uniform interpretation and application of immigration law. This is accomplished through various adjudicative functions including immigration hearings; appellate review of decisions in immigration matters; and hearings pertaining to employment discrimination, document fraud, and employer sanctions. The purpose of these proceedings is to provide a process through which individuals can defend themselves against Government charges, complaints, denials of benefits, or through which they can seek relief from penalties imposed on or against them.

EOIR’s mission is:

To provide for the fair, expeditious and uniform interpretation and application of immigration law.

Headed by a Director who reports to the Deputy Attorney General, EOIR carries out its mission through three main organizational components: The Board of Immigration Appeals (BIA); the Office of the Chief Immigration Judge (OCIJ); and the Office of the Chief Administrative Hearing Officer (OCAHO). Except for immigration courts located throughout the country, all component, management and support functions of EOIR are located at its headquarters in Falls Church, VA, just outside Washington, D.C.

EOIR Court Design Standards

2.3

U.S. Department of Justice Organization Chart

Executive Office for Immigration Review (EOIR)

US Department of Justice

Attorney General

Deputy Attorney General

Associate Attorney General

Office of the Solicitor General

Office of Justice Programs

Executive Office for United States

Trustees

Office of Dispute Resolution

Office of Violence Against Women

Solicitor General

Community Oriented Policing

Services

Office of Information and

Privacy

Foreign Claims Settlement

Commission

Civil Rights Division

Antitrust Division

Tax Division

Civil Division

Environment and Natural

Resources Division

Community Relations Service

Office of Legal Policy

Office of Legislative Affairs

Federal Bureau of Investigation

Office of Public Affairs

Office of Legal Counsel

Federal Bureau of Investigation

Drug Enforcement

Administration

Executive Office for United States

Attorneys

Criminal Division

Bureau of Prisons

United States Marshall’s Office

Office of the Inspector General

Office of Intelligence Policy and

Review

Justice Management

Division

Office of Professional

Responsibility

Office of Pardon Attorney

United States Parole

Commission

United States Attorneys

U.S. National Central Bureau

Interpol

Executive Office for Immigration

Review

National Drug Intelligence

Center

Professional Responsibility

Advisory Office

Bureau of Alcohol, Tobacco, Firearms and Explosives

Office of Federal Detention Trustee

EOIR Court Function

2.4

FUNCTION

EOIR is responsible for adjudicating immigration cases under authority from the Attorney General. In conducting immigration court proceedings, appellate reviews, and administrative hearings EOIR interprets and administers immigration laws. EOIR consists of three primary components - Office of Chief Immigration Judge, the Board of Immigration Appeals and the Office of the Chief Administrative Hearing Officer. EOIR is separate from the Office of Special Counsel for Immigration-Related Unfair Employment Practices in the DOJ Civil Rights Division and the Office of Immigration Litigation in the DOJ Civil Division.

The most common type of proceeding before EOIR is a removal hearing at an EOIR Court. In these hearings, DHS charges and must prove that an alien is in the United States unlawfully and should be removed.

EOIR does not have jurisdiction over an alien’s cases unless DHS files charging documents with EOIR.

If DHS charges an alien with an immigration law violation, it serves the alien with a charging document, known as a Notice to Appear, ordering the individual to appear before an Immigration Judge. The Notice to Appear is filed with the Immigration Court having jurisdiction over the alien, and advises the alien of the nature of the proceedings, the alleged acts that violated the law, the right to obtain legal representation at no expense to the Government, and the consequences of failing to appear at scheduled hearings.

The issue of removal from the United States is often only the first step in the process because the outcome of many hearings depends on the decision regarding relief from removal. Immigration law provides relief from removal to some aliens who meet specific eligibility criteria. To qualify for relief, aliens must prove that they are eligible. Relief can include asylum, voluntary departure, cancellation of removal, or remedies provided by immigration law.

Another common proceeding is the bond redetermination hearing for aliens who are detained by DHS but have pending immigration hearings with EOIR. Eligible aliens can ask an Immigration Judge to reduce the amount of bond set by DHS, or set a bond if DHS has determined that no bond should be set.

Once a case is completed, if the alien or DHS disagrees with the Immigration Judge’s decision, either party or both parties may appeal the decision to the BIA, which is the final decision-maker on “discretionary relief” decisions. (“Discretionary relief” is a type of relief where, even though the alien may meet the requirements, the Immigration Judge has the discretion to determine whether the relief is granted.)

In some instances, if the alien disagrees with the BIA’s ruling, the alien may appeal the decision to the Federal court system. In rare instances, if DHS disagrees with the BIA’s ruling, the case may be referred (“certified”) to the Attorney General for review.

The organizational chart on page 2.5 illustrates the three agencies present within a CDF and their respective responsibilities.

2.5

CDF Organization Chart

Executive Branch of the U.S. Government

U.S. Department of Justice

Immigration & Customs Enforcement

Counsel/Attorney Detention and Removal EOIR Court

Executive Office for Immigration Review

Three agencies are present within the CDF: Detention and Removal Operations (DRO), Executive Office for Immigration Review (EOIR) and Health Services (HS). These groups’ respective areas of responsibility are:

1. Detention and Removal Operations (DRO) is responsible for managing the detainees, presenting cases for deportation and executing deportations.

2. Executive Office for Immigration Review (EOIR) is part of the Department of Justice and is responsible for conducting the court hearings.

3. Health Services (HS) is part of the Department of Health and Human Services and is responsible for providing health services.

NOTE: In some instances Health Services are provided through Contract Detention Service Providers.

U.S. Department of Homeland Security

Health Services

U.S. Department of Health and Human

Services

Contract Service Provider

Health Clinic

EOIR Court Organization

2.6

EOIR COURT ORGANIZATION

The EOIR Court is organized into three units;

1.0 Court Unit

2.0 Administrative Unit

3.0 Common Support Unit

The units are managed by the EOIR Court Administrator. Immigration Judges are assigned to Courtrooms and manage the court proceedings with support from the Administrative Support Unit.

The Court Administrator manages staff that work in support of the courts with the exception of the Immigration Judges. The Court Administrator also controls the Master Hearing Schedule and day-to-day administrative operations for EOIR.

The diagram on page 2.7 illustrates the organizational structure of the EOIR Court.

FUNCTION

EOIR within the CDF is responsible for proceedings providing a process through which individuals can defend themselves against Government charges, complaints, denials of benefits, or through which they can seek relief from penalties imposed on or against them to the full extent of the law. EOIR Courts are provided within CDF to provide expeditious processing of aliens charged without having to move them to locations remote from where they are currently held.

2.7

Court AdministratorImmigration JudgeLaw Clerk

EOIR Office of the Chief Immigration Judge

EOIR Deputy Director

EOIR Deputy Director

EOIR Director

Board of Immigration

Appeals

Office of the Chief Administrative Hearing Officer

Associate Director Office of the General Counsel

Administration Division

Office of Management

Programs

Office of Planning, Analysis, and Technology

Office of the Chief Immigration Judge

Immigration Courts

Interpreter

Supervisory Staff

Legal Technicians

EOIR Organizational Chart

EOIR Court Organizational Chart

3.1

3. OPERATIONAL REQUIREMENTS

CDF Operational Model EOIR Court Operational Units EOIR Court Staff Positions EOIR Court Staff Forecasts

3.2

CDF Operational Model

CDF MISSION

Contract Detention Facility (CDF) is responsible for providing expeditious resolution of aliens that have been charged with violations of United States Immigration, Civil or Criminal law. For this reason, EOIR assigns Immigration Judges to each CDF where they conduct on and off site hearings. In most cases the process begins with DHS filing charges against an alien respondent and represents the Government in seeking the respondent’s removal from the United States. Detainees awaiting arraignment are held in Housing Units until proceedings are completed.

THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

The EOIR consists of work area and courtroom space, and is an interface area between the court personnel, the Deportation staff, the public, and detainees under restraint. It requires a secure area demised from the rest of the CDF. The purpose of a distinct secure perimeter for the EOIR courtroom is twofold: (1) to allow general public to enter without going through the secure perimeter of the main facility; and (2) to ensure a secure perimeter for an area where detainees are present. Detainees who have attended proceedings in the court component and may have come in contact with individuals from the public should be searched prior to returning to other secure zones. Public attending hearings or proceedings should be given a secure screening prior to admission.

PUBLIC ACCESS GROUP

Components that require public access must be adjacent to and open to the public lobby. This includes the Administration, Deportation, the EOIR Court, and Visiting. Other components that have direct adjacency requirements with these must also be included in this arrangement. These additional components include the DHS Attorneys, Staff Training and Services, and Central Control. This public access group includes components within the non-secure and public interface security zones. The primary secure perimeter must separate public access groups from others. In a multi-story facility, this group should be located on the ground floor for direct public access.

SECURITY ZONES

The secure zones of the facility correspond to the degree of detainee and public access required in the components. The Court/Interface Zone should be in its own secondary secure perimeter, contiguous with but separate from the main facility primary secure perimeter. Access will be by hardened commercial grade doorways, with special controls for general and emergency egress. The perimeter barriers, electronic controls, and procedures should be at the same level as the other secondary secure perimeters.

Office Zone Normal office setting for administrative and public functions of the CDF. (They are located outside the secure perimeter.)

- Lobby

- Public Visitation

- Deportation

- CDF Administration

- Staff Services & Training

- LANS

Detainee Living Zone Located inside the secure perimeter they are used by the detainees during their normal daily routine.

- Security Command

- Housing

- Commissary

- Recreation

- Law Library/Recreational Library

- Food Service Dining

Court/Interface Zone This component includes the EOIR Court work area and courtroom space.

- EOIR Court

- Detainee Visitation

Service Zone Service functions for the CDF detainee population. They are typically placed in a secure area because detainees require frequent access to them or are given work details in these components.

- Processing

- Health Services

- Food Preparation

- Commissary

- Laundry

Facility Support Zone These elements support the facility but do not provide direct services to the detainees and may be located outside the secure perimeter.

- Warehouse and Supply

- Maintenance

- Central Utility Plant

CDF Operational Zones

Primary Perimeter Barrier

Secure Perimeter

Service Access

Primary Perimeter Barrier

Secondary Perimeter Barrier

Deportation

Main Entrance

Staff Parking

Public Parking

Staff Parking

Public Parking

Lobby

Public Entrance

Recreation Yards

Health Services

Vehicle Sallyport

Food Preparation

Warehouse

Maintenance

Recreation Yards

Detainee Entry

Admin.

Staff Services and Training

EOIR

COURT

Central Recreation

Housing

Housing Secure Segregation

Housing

Housing So ci al

Pr og ra m s

Li br ar y

Housing

Dining

Nurse Triage

Nurse Triage

C om m is sa ry

La un dr y

Pr oc es si ng

Utility Plant

Security Command

Visiting

Visiting

Judges Entry

3. OPERATIONAL REQUIREMENTS

3.3

CDF Facility Model

O ffi ce Z on e

FUNCTIONAL

ZONES

SECURITY

ZONES ADJACENCY REQUIREMENTS

N on

-S ec ur e

Zo ne

S er vi ce

Z on e

S er vi ce

Z on e w ith R es tri ct ed

D et ai ne e M ov em en t

Fa ci lit y

S up po rt

Zo ne

R es tri ct ed S up po rt Zo ne

C ou rt In te rfa ce Z on e

In te rfa ce

Z on e

D et ai ne e Li vi ng

Z on e

S ec ur e

Zo ne w ith

N or m al

D et ai ne e M ov em en t

Security Check Point

P ub lic A cc es s G ro up

EOIR Court Operational Units

3.4

EOIR COURT ORGANIZATIONAL MODEL

The EOIR Court consists of three operational units.

- 1.0 Court Unit

- 2.0 Administrative Unit

- 3.0 Common Support Unit

The description for each unit is provided in the sidebar to the right.

Public access to the EOIR Court is gained through the waiting area and is directly accessed from the CDF Public Lobby. All official court business, internal department access, deliveries, and visitors to EOIR Court come through the Public Lobby. The Courtrooms are located for secure and controlled access by Judges, EOIR staff, the public, and detainees.

EOIR COURT WORKFLOW

The EOIR Court is located in the Court Interface Zone immediately adjacent to the Public Lobby and near the ICE Attorney’s Office. There shall be a separate exterior Judge/Staff entrance for EOIR from staff parking with designated parking spaces for the Judges.

Detainees are escorted into the Courtroom(s) through a secure corridor from either a Holding Room or directly from Housing. Visitors and Attorneys access the Courtrooms through the same secure corridor as detainees. Corridor traffic is regulated by CDF guards.

Traffic in the Public/Detainee corridor will need to be monitored for segregating traffic to and from the Courtrooms. The Judges access the Courtrooms from the EOIR suite through a secure door behind the Judges bench.

EOIR COURT ADJACENCIES

Deportation, Administration, EOIR Court, and Visiting should be adjacent to the public entrance and lobby to allow public access without requiring entry any further into the facility. Due to the presence of the detainees, the entrance to the EOIR Court must have security measures. The EOIR staff members are located adjacent to the courtrooms. Outside individuals attending EOIR Court functions must be admitted to the Court. The DHS attorneys must be located next to Deportation for access to records. The attorneys interact with EOIR and should be placed adjacent to this function.

The diagram on page 3.5, illustrates the adjacencies needed between the three EOIR units as well as critical workflow patterns and security check points.

DHS - Immigration and Customs Enforcement EOIR Court Design Standards

1.0 Court Unit

The Courts Unit consist of courtrooms, vestibules and secure corridors. A separate secure corridor is provided for visitors and aliens. A Judge’s secure corridor is provided for ease of access from inside the EOIR suite.

2.0 Administrative Unit

The Administrative Unit consists of the Judges Chambers, staff offices, workstations and work areas. Included in this unit are enclosed offices and open work areas. Open work areas are fixed low partitions central to the unit. This unit should be adjacent to the Courts Unit.

3.0 Common Support Unit

The Common Support Unit consists of all the service functions used by EOIR Staff in completion of their mission. Included with this are public waiting areas, conference and equipment spaces, file and storage rooms.

Common support should be located with ease of access to the Administrative Unit and Courts Unit.

EOIR Unit Descriptions

EOIR Court Facility Organizational Diagram

3.5

Primary Perimeter Barrier

Secure Perimeter

Service Access

Primary Perimeter Barrier

Secondary Perimeter Barrier

Deportation

Main Entrance

Staff Parking

Public Parking

Staff Parking

Public Parking

Lobby

Public Entrance

Recreation Yards

Health Services

Vehicle Sallyport

Food Preparation

Warehouse

Maintenance

Recreation Yards

Detainee Entry

Admin.

Staff Services and Training

EOIR

COURT

Central Recreation

Housing

Housing Secure Segregation

Housing

Housing

So ci al Pr og ra m s

Li br ar y

Housing

Dining

Nurse Triage

Nurse Triage

C om m is sa ry

La un dr y

Pr oc es si ng

Utility Plant

Security Command

Visiting

Visiting

Judges Entry

CDF Adjacency Diagram

EOIR Court Staff Positions

3.6

STAFF AND ACTIVITIES

The work activities of EOIR Court include preparing and hearing cases and administration of EOIR affairs.

Staff involved in these activities include: EOIR Judge(s), a Court Administrator and support staff. (For planning purposes 3.5 support staff are assigned per judge.)

Participants within EOIR Court hearings include: the EOIR Judge, and interpreter/legal tech., Court Attorneys, detainee defendant and his/her attorney(s), witnesses, and public viewing. The EOIR Court does not conduct jury trials. Detainees, in groups of individuals, may be present in the Courtroom at one time.

STAFF DESCRIPTIONS

The following describes the roles and responsibilities for each of the staff positions within the EOIR Court Unit.

Immigration Judge An immigration judge presides at formal hearings to determine issues arising in removal and other immigration proceedings. An Immigration Judge presides over cases involving claims of persecution in which an alien applies to the Immigration for asylum.

Immigration Judges also hear cases involving the rescission of adjustment of status for aliens who had previously been adjusted to that of a permanent resident, and cases involving departure control to determine whether the departure of an alien from the United States my be prejudicial to the interest of the United States. Immigration Judges hear custody determination cases when an alien is arrested by the Department of Homeland Security which initially sets the amount of bond and conditions for an alien’s release and an Immigration Judge may reduce the amount of bond or rule that the alien be released upon their own recognizance. Immigration Judges regulate the course of hearings, rule on all objections, motions, procedural issues, requests for continuances and receive the testimony of witnesses and other evidence.

Immigration Judges may issue subpoenas to compel an appearance by a witness for a hearing or the production of documents. Immigration Judges hear oral arguments, and may receive and consider briefs prior to a decision. At the conclusion of the hearing, the Immigration Judge issues a decision on the issues of the proceeding. This decision is final unless appealed to the Board of Immigration Appeals in Removal Proceedings (other types of proceedings are not appealable to the Board.) In most cases, a permanent verbatim record of the entire proceedings is kept and a transcript is certified in case of an appeal. Immigration Judges have the authority to order an alien removed from the United States or to grant relief from removal such as asylum, cancellation of removal, waivers of removal and adjustment of status.

Attorney Advisor - Judicial Law Clerk A Judicial Law Clerk assists the Immigration Judges in preparing for immigration hearings, in drafting of facts and conclusions of law. A Law Clerk drafts recommendations on proposed orders and decisions for a case, and examines formal filings to make sure they meet the legal and procedural requirements of the court.

3.7

Court Administrators The Court Administrator for an Immigration Court is the chief management resource in the court and sometimes a region. A Court Administrator exercises delegated authority for planning and directing the work of court staff to ensure that Immigration Judges are provided support services to conduct immigration hearings. A Court Administrator administers a court management program to include supervising the processing of charging documents that are filed by the Department of Homeland Security, and the processing of motions, applications for relief, briefs and appeals from the initial creation of the Record of Proceeding to the final disposition of the matter. A Court Administrator creates and maintains the court’s calendaring docket and is responsible for managing the court’s hearing notice system to provide notice to all parties, and for monitoring case related actions.

Legal Technicians Legal Technicians provide direct legal support assistance to the Immigration Court in support of the hearing process. Legal Technicians receive, examine and process charging documents and create a Record of Proceeding for each case that comes before an Immigration Court. Legal Technicians provide hearing notices to the parties of an immigration case. Legal Technicians perform the duties of court clerks during Master Calendar hearings where a legal assistant will prepare for immigration hearings by posting calendars and providing the immigration judge with the Records of Proceeding for that day’s docket of cases. Legal Technicians call cases to hearing; receive filings in court from the parties to a hearing which include applications for relief, briefs or motions. Legal Technicians also receive calls and visitors, process correspondence, and coordinate hearing room and the hearing logistics for the transportation of detained aliens who are heard at Immigration Courts and for an Immigration Court’s Institutional Hearing Program.

Legal Technicians also perform administrative duties as required such as assisting with procurement of supplies for a court, administering time and attendance and creating travel vouchers.

Interpreters The Interpreters in Immigration Courts perform a full range of interpretations from one or more languages into English for the Immigration Judges, aliens, attorneys and alien representatives during all types of immigration proceedings (master calendar hearings, individual calendar hearings and bond hearings). Interpreters also serve as a language advisor and expert for an Immigration Court, advising judges on language services at the court. Immigration Court interpreters translate the full range of legal, technical, and general material and information received or issued by the Immigration Court.

Interpreters also assist the court in other activities such as processing, maintaining Records of Proceeding and electronic data and perform a variety of administrative functions to support court operations.

3.8

STAFF FORECASTS

The EOIR Court staff is organized into three functional units. The Staff Requirements matrix shown on page 3.9, illustrates the number of staff assigned to each unit based on the number of detainee beds at the CDF. The numbers illustrate a general rule and may vary based on the operational model used at the specific detention facility. In all cases the staffing must be verified and approved by the OCIJ and OD.

STAFF ASSIGNMENTS

The EOIR Court staff may serve in several functional areas within the court facility. The matrix also illustrates which EOIR unit the staff member may be assigned.

3.9

Staff Position by Unit Staff Forecast By # of Detainee Beds

1.0 COURT UNIT

No Permanently Assigned Staff Staffed only when court is in session

2.0 ADMINISTRATIVE UNIT

Immigration Judge 1 2 3 4 5 P P B M-F Court Administrator 1 1 1 1 1 P B M-F Law Clerk 1 1 1 1 2 S B M-F Supervisory Staff 0 1 2 2 3 S B M-F Support Staff 3.5 6 8.5 12 14.5 S S B M-F

Subtotal 6.5 11 15.5 20 25.5

3.0 COMMON SUPPORT UNIT

No Permanently Assigned Staff Support Staff (Reception)

TOTAL EOIR STAFF 6.5 11 15.5 20 25.5

<200 200-400 400-600 600-800 800-1000

1.

Co ur t U nit 2.

Ad m in.

S up po rt Un it 3.

Co m m on

S up po rt

Un it

Staff Assignment by Unit

Weekly

P = Primary Role S = Secondary Role B = Business 8am-5pm M-F = Monday through Friday

NOTE: The numbers of Judges forecasted is based on the high-end of the bed forecast.

Shift Day

4.1

4. FUNCTIONAL REQUIREMENTS

EOIR Space Requirements Summary

1.0 Court Unit Requirements

2.0 Administrative Unit Requirements

3.0 Common Support Unit Requirements

Technical Requirements

4.1

Space Requirements Summary

4.2

SPACE IDENTIFICATION

The space requirements for the EOIR Court were developed by interviewing with ICE/EOIR and staff representatives. They were developed as a tool for delineation of EOIR Court space needs based on the number of detainees housed within a CDF.

The size of a CDF is determined by the number of staff and detainees served as well as specific functional requirements. There may, however, be variations to its requirements depending on operations and specific types of available staff.

The chart to the right lists the spaces needed to support the EOIR mission. The spaces are categorized by the three operating units. The diagram illustrates a prototype layout for an 800-1000 bed CDF.

DHS - Immigration and Customs Enforcement EOIR Court Design Standards

• (1) Supervisory Legal Technician per (4) Legal Technicians/Clerks

• (1) Supervisory Interpreter per (4) or more Interpreters under the supervision of a Court Administrator

• (1) Judge per courtroom for each 200 beds

• 5’ wide corridor for Judge’s secure corridor

• (15) file cabinets per Judge at 12 sf per cabinet

• Printer workstations = number of courtrooms + 1 X 65 sf

• Waiting room = 100 sf + 75sf per Court Room

• Supervisory Staff = 1:4 Support Staff

• (3.5) Support Staff per (1) Judge

• Circulation is determined by these factors:

30% for all spaces through 175 sf 20% to 176 sf through 600 sf 10% to 600 sf

Planning Assumptions

4.3

EOIR Court Layout : 800-1000 Beds

4.4

SPACE FORECAST MATRIX

The Space Requirements Summary Matrix on the following page, identifies the spaces needed for each of the three EOIR Court Units. The matrix is also designed to forecast these needs for five planning scenarios, they include:

1. <200 beds

2. 200 - 400 beds

3. 400 - 600 beds

4. 600 - 800 beds

5. 800 - 1000 beds

The bed ranges were determined to best represent the capacity range for existing and planned detainee populations.

For each planning scenario, the following information is provided:

- # of Users is the number of persons (staff or detainees) in a given space.

- # of Spaces is the quantity of a given space.

- Space Size NSF is the net square feet or size of a given space.

- Total Size NSF is the number of spaces or quantity of a space times it’s NSF or size.

SPACE CALCULATIONS

The total Net Square Footage is the sum of all net areas of the spaces listed. This number is multiplied by a Net Usable Factor (1.30) (an industry factor based on facility type and utilization efficiency) to determine Usable Square Footage. The Net Usable Area is multiplied by a usable Gross factor (1.05) to determine the Total Gross Square Foot for the EOIR Court Space Requirements.

DEFINITIONS

Net Square Footage (NSF) Total clear floor area within a given room, excluding walls, corridors, mechanical equipment rooms, shafts, stairs, and chases.

Usable Square Footage (USF) Total floor area including mechanical and electrical equipment rooms general circulation spaces including corridors, stairs, and elevator shafts.

Gross Square Footage (GSF) Total building area measured from outside face of exterior walls.

Current Comments DOJ Planning # of # of Space Size Total Size # of # of Space Size Total Size # of # of Space Size Total Size # of # of Space Size Total Size # of # of Space Size Total Size

ID # EOIR Components and Spaces Standard Users Spaces NSF NSF Users Spaces NSF NSF Users Spaces NSF NSF Users Spaces NSF NSF Users Spaces NSF NSF

1.0 COURT UNIT

1.1 Courtroom 850 30-35 1 864 864 30-35 2 864 1728 30-35 3 864 2592 30-35 4 864 3456 30-35 5 864 4320 1 Judge/Courtroom for each 200 beds

1.2 Courtroom Sub-Lobby 150 N/A 1 150 150 N/A 2 150 300 N/A 3 150 450 N/A 4 150 600 N/A 5 150 750 5' wide corridor by width of Courtroom

1.3 Judges Corridor 150 N/A 1 150 150 N/A 2 150 300 N/A 3 150 450 N/A 4 150 600 N/A 5 150 750 5' wide corridor by width of Courtroom

1.4 Detainee Sally-Port 1 64 64 1 64 64 1 64 64 1 64 64 1 64 64

1.5 Public Sally-Port 1 64 64 1 64 64 1 64 64 1 64 64 1 64 64

Subtotal Courts NSF 1,292 2,456 3,620 4,784 5,948

2.0 ADMINISTRATIVE UNIT

2.1 Immigration Judge Chambers 175 3 1 175 175 3 2 175 350 3 3 175 525 3 4 175 700 3 5 175 875

2.2 Court Administrator Office 150 3 1 150 150 3 1 150 150 3 1 150 150 3 1 150 150 3 1 150 150

2.3 Law Clerk Office 120 3 1 120 120 3 1 120 120 3 1 120 120 3 1 120 120 3 2 120 240

2.4 Supervisory Office 120 3 1 120 120 3 2 120 240 3 2 120 240 3 3 120 360

Supervisory Legal Tech Office 120 Supervisory interpreter Office 130

2.5 Support Work Station (incl. Recpt.) 65 1 4 85 340 1 6 85 510 1 9 85 765 1 12 85 1020 1 15 85 1275 Reception cubicle may be manned by Legal Tech or Interpreter Legal Tech Workstation 65 Interpreter Workstation 65

2.6 Supervisory Interpreter Office 120 1 1 130 130 1 1 130 130 1 1 130 130 1 1 130 130

Subtotal Administrative NSF 785 1,380 1,930 2,360 3,030

3.0 Common Support Unit

3.1 Conference Room 200 8 1 226 226 12 1 244 244 16 1 264 264 20 1 280 280 24 1 304 304

3.2 Pro Bono Room 120 4 1 120 120 4 1 120 120 4 1 120 120 4 1 120 120 4 1 120 120 Table and 4 chairs in room adjacent to Waiting Area

3.3 Copier/Mail Room 120 1 120 120 1 120 120 1 120 120 1 120 120 1 120 120

3.4 File Room 15 cab/judge 15 12 180 30 12 360 45 12 540 60 12 720 75 12 900 15 file cabinets per Judge at 12 SF per file

3.5 Computer (ADP) Room 120 1 1 120 120 1 1 120 120 1 1 120 120 1 1 120 120 1 1 120 120

3.6 Break Room 150 4 1 150 150 4 1 150 150 4 1 150 150 4 1 150 150 4 1 150 150

3.7 Staff Restroom (1 Male, 1 Female) 56 1 2 56 112 1 2 56 112 1 2 56 112 1 2 56 112 1 2 56 112

3.8 Janitor Closet 1 30 30 1 30 30 1 30 30 1 30 30 1 30 30 If needed, designer to confirm with overall layout

3.9 Printer Workstation 65 2 64 128 3 64 192 4 64 256 5 64 320 6 64 384 Number of Courtrooms + 1 x 65 sf

3.10 Supply Room 120 1 120 120 1 140 140 1 160 160 1 180 180 1 200 200

Subtotal Common Support NSF 1,306 1,588 1,872 2,152 2,440 Total NSF 3,383 5,424 7,422 9,296 11,418 Net Usable Factor (NUF) 1.3 1.3 1.3 1.3 1.3 Total Usable Area (TUA x NUF) 4,398 7,051 9,649 12,085 14,843 Usable Gross Factor (UGF) 1.05 1.05 1.05 1.05 1.05 Total Gross Area (TGA x UGF) 4,618 7,404 10,131 12,689 15,586

600 - 800 Beds 800 - 1,000 Beds

SPACE FORECAST MODEL: BY NUMBER OF DETAINEE BEDS

<200 Beds 200 - 400 Beds 400 - 600 Beds

4.4.A

4.5

1.0 COURT UNIT REQUIREMENTS

- Function

- Workflow Patterns

- Room Data Sheets

1.0 Court Unit - Function

4.6

FUNCTION STATEMENT

The Court Unit is responsible for conducting Master and Merit Hearings.

Master Calendar Hearings These hearings are for arraignment-like purposes only.

The charges against each detainee are read and he/she is asked to admit or deny the charges. Also each detainee is asked if they concede removability.

Detainees are advised of eligibility for types of relief and the cases are scheduled to an individual hearing, several, based on the request for relief.

Merit Hearings Immigration Judges have jurisdiction to consider applications for various forms of discretionary or mandatory relief, including applications for asylum, adjustment of status, cancellation of removal, and waivers of inadmissability. The decisions are administratively final unless appealed or certified to the Board of Immigration Appeals.

Critical Issues

9 Courtrooms need to be grouped together for ease of access by security, aliens, Judges, attorneys, EOIR Court staff, and the public.

9 Because of the need for visitor access to the Court rooms, and the need to maintain security, it is desirable for Courtrooms to be located adjacent to the main CDF Public Entry lobby/waiting area.

9 Access to the Courtrooms by visitors and detainees is through the same secure corridor. Controlled visual access to this corridor for both types of traffic will require timed flow.

9 The Court Unit will accommodate all classifications of detainees: Low, Medium and High Risk Populations.

9 All visitors must enter the Main Public Lobby before entering the EOIR Court Unit.

9 All detainees will be escorted to the EOIR Court Unit.

9 The EOIR Court Unit does not conduct jury trials.

Special Requirements

9 Due to the nature of the proceedings, courtrooms must be acoustically isolated from background and equipment noise.

9 The Judge’s access to the courtroom(s) is through a separate secure corridor opposite the courtroom sub-lobby. The Judge enters the courtroom from behind the Bench. The Bench is on a raised platform or dais and shall be provided with ramp access from the Judges secure corridor per ADAAG standards.

9 A Judges secure corridor shall be accessed from the EOIR Court and be near the Judge Chambers.

9 Courtrooms shall not contain any exterior windows.

Space Requirements

1.0 COURT UNIT

1.1 Courtroom

1.2 Courtroom Secure Corridor

1.3 Judges Secure Corridor

1.4 Detainee Sally-port

1.5 Public Sally-port

1.6 Courtroom Storage Room

Design Criteria

EOIR Diagram

4.7

1.0 Court Unit : Organizational Diagram

4.8

1.0 Court Unit - Critical Workflow Patterns

INTRODUCTION

The diagrams on the following page (p4.9) illustrate some of the most critical workflow issues and patterns of the Court Unit.

4.9

1. “SEPARATE ENTRIES”

The courtrooms will each have 2 secure points of entry.

1 Judges/Staff and 1 Public/Detainee entrance.

2. “DIRECT ACCESS”

Judges and Administrative staff require direct/immedi-ate access to the courtrooms.

3. “SINGLE CONTROLLED POINT OF ENTRY”

The courtroom suites shall have a single and con-trolled point of entry.

1.0 Court Unit : Critical Workflow Patterns

1.0 Court Unit - Room Data Sheet

4.10

DHS - Immigration and Customs Enforcement EOIR Court Design Standards

COURTROOM

Function The Courtroom is used for both Master Calendar Hearings and individual Merit Hearings. It is the largest space within EOIR and the center for legal proceedings. The Courtroom Dais is a raised platform for the Judges Bench.

The Courtrooms must provide seating for approximately thirty to thirty-five (30-35) people. The Courtroom will have varying numbers of individuals at each proceeding to include the Immigration Judge, Legal Technician, Interpreter, Trial Attorney, respondent, respondent Attorney, respondent family and friends, witnesses and observers.

Pew seating is provided for the visitors, tables for Attorneys and Detainees, Witness Stand, Interpreter Station and Clerks Station are the primary types of furniture within the Courtroom.

Video Proceedings Where there are limitations, some Courtrooms may be equipped to conduct remote hearings using video technology. Future development of the Courtroom standard my be modified to better accommodate remote operation using video and digital technology.

All courtrooms shall be wired for televideo proceedings, via ISDN. The number of courtrooms to be used for televideo will be determined at a later date.

Once determined, the ISDN lines shall be activated.

Photograph

Floor Plan (864 nsf)

1.1

FURNITURE

F Waste Receptacle 2 F Pew 7’-0” (custom built) UNICOR EOIR7PEW TBD F Pew 6’-0” (custom built) UNICOR EOIR6PEW TBD F Interpreter Station (custom built) UNICOR EOIR CLERK 1 F Judges Bench (custom built) UNICOR EOIRBENCH 1 F Clerk Station (custom built) UNICOR EOIRCLERK 1 F Witness Stand (custom built) UNICOR EOIRSTAND 1 F Attorneys Tables UNICOR Symphony S7236-02-WN 2 F Printer Stand UNICOR Baritone BT3524MCWWN 1 F Attorney Chair Trinity Furniture Walnut 7110-00-584-6490 4 F Clerk Chair UNICOR Budget (Black) ZZUST2032-3601 1 F Witness Chair UNICOR Budget (Black) ZZUST2032-3601 1 F Interpreter Chair UNICOR Budget (Black) ZZUST2032-3601 1 F Immigration Judges Chair UNICOR Queen Anne WVC1211WN 1 or UNICOR Overture FC-HB-VG-UG-SM-S-C-04 1 F AV Stand w/Casters KLOG Medium Oak MLCT-75 1

EQUIPMENT

BI Floor Mounted Telephone Outlet RJ45 1 BI Floor Mounted Microphone Outlet, Male XLR 4 BI Floor Mounted Microphone Outlet, Female XLR 4 BI Microphone Jumper - Extension cables Include Connectors XLR (1 Male/1 Female) 4 BI Female Outlet for Speaker Phone RJ11 4 BI Outlet for Soundstation Microphone RJ9 4 BI Female Outlet to Connect Console RJ45 4 BI Observers Rail with Gate and Hardware 1 BI Floor Mounted Data Outlet RJ45 5 BI Floor Mounted Electrical Outlet Duplex 8 BI Wall Mounted Electrical Outlet Duplex…