70CDCR24R00000013 - RFP - Attachment 14 - ICE National Detainee Handbook.pdf

Handbook National Detainee

CUSTODY MANAGEMENT 2023

ENFORCEMENT AND REMOVAL OPERATIONS

Contents

INTRODUCTION

LANGUAGE ACCESS

YOUR ARRIVAL AT THE FACILITY

YOUR RESPONSIBILITIES AND RIGHTS

YOUR RESPONSIBILITIES

YOUR RIGHTS

YOUR IMMIGRATION CASE

COMMUNICATING WITH FAMILY, FRIENDS, AND LEGAL

REPRESENTATIVES

PHONE CALLS

TABLETS

VISITS

MAIL

CHILD CUSTODY QUESTIONS

LEGAL RESOURCES

GROUP LEGAL RIGHTS PRESENTATIONS

UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES

(UNCHR) HOTLINE

LAW LIBRARY

CLASSIFICATION AND HOUSING

CLASSIFICATION LEVEL

SPECIAL MANAGEMENT UNIT HOUSING

MEALS, ACTIVITIES, AND SERVICES

MEALS

COMMISSARY OR VENDING MACHINES

RECREATION

RELIGION

VOLUNTARY WORK PROGRAM

LIBRARY

ATTENDING OTHER COURT HEARINGS (NON-

IMMIGRATION)

REQUESTS TO MARRY

DRESS AND GROOMING

UNIFORMS

PERSONAL CARE

GROOMING

LAUNDRY

A CLEAN FACILITY

RULES AND PROCEDURES

HEAD COUNTS

AUTHORIZED PROPERTY AND CONTRABAND

SEARCHES AND VIEWING

DISCIPLINE AND YOUR RIGHTS

USE OF FORCE AND RESTRAINTS

CRIMINAL CHARGES

GENERAL HEALTH AND SAFETY

EVACUATION DRILLS

MEDICAL ORIENTATION AND HEALTH INFORMATION

GENERAL OVERVIEW OF SERVICES PROVIDED

ADDITIONAL SERVICES

HEALTHCARE APPOINTMENTS

SECOND OPINIONS

MEDICATIONS

MENTAL HEALTH CARE AND SUICIDAL RISK

MEDICAL RECORDS

PRIVACY NOTICE REGARDING THE COLLECTION OF YOUR

INFORMATION FOR YOUR MEDICAL CARE

SEXUAL ABUSE AND ASSAULT AWARENESS

DETENTION AS A SAFE ENVIRONMENT

DEFINITIONS

PROHIBITED ACTS

AVOIDING SEXUAL ABUSE AND ASSAULT

REPORT ALL SEXUAL ABUSE AND ASSAULTS

MEDICAL CARE, COUNSELING, AND VICTIM SERVICES ... 34

UNDERSTANDING THE CRIMINAL JUSTICE PROCESS

HUMAN TRAFFICKING

Report Human Trafficking

QUESTIONS, REQUESTS, AND GRIEVANCES

QUESTIONS, REQUESTS, AND INFORMAL COMPLAINTS .. 36

HOW TO FILE A GRIEVANCE OR FORMAL COMPLAINT

RECORDS

FACILITY RELEASE

POSTINGS AND NOTICES

ENFORCEMENT AND REMOVAL OPERATIONS

National Detainee Handbook

National Detainee Handbook 7

INTRODUCTION

You are being housed in a detention facility operated or contracted by the

U.S. Immigration and Customs

Enforcement’s (ICE) Enforcement and

Removal Operations (ERO).

LANGUAGE ACCESS

If you don’t speak or understand

English, or cannot read or write English, an interpreter will be provided to you, free of charge, for medical and ICE- or detention-related matters.

This assistance can include a staff member who speaks your language or a professional interpreter.

Any written materials provided to you should also be translated into your language or explained to you orally in your language by an interpreter. Tell a staff member at your facility or an ICE officer if you need help understanding this handbook or any other information.

YOUR ARRIVAL AT THE FACILITY

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

You will probably stay at the facility until:

• You are granted bond or release from custody;

• Your immigration case is decided;

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

• You are transferred to another facility.

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

• Your responsibilities and rights as a detainee;

• Programs and services available to you;

• Rules you must follow;

• Procedures for common situations; and

• How to report problems and file complaints.

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

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

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

If you do not read, write, speak, or understand

English, you have the right to receive important information in a language or format you understand or to have someone explain it to you orally in your language. Tell an officer if you need assistance.

YOUR RESPONSIBILITIES AND RIGHTS

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

YOUR RESPONSIBILITIES

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

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

You are also responsible for:

• Cooperating with the staff;

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

• Being polite to other detainees; and

• Following laundry and shower schedules.

YOUR RIGHTS

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

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

8 U.S. Immigration and Customs Enforcement

TABLE 1. STEPS TO PROCESS A DETAINEE

STEP INDIVIDUAL PROCEDURE

1 Intake Officer Takes your clothes, money, and property for safekeeping and gives you an itemized receipt for all items. Conducts a personal search as part of processing to help ensure that you and other detainees live and work in a safe and orderly environment.

2 Detainee It is important for you to keep the itemized receipt of your possessions. You will receive your property back when you are released.

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

4 Detainee Your personal documents will be returned to you when your case is resolved.a

5 Detainee You will receive an A-Number which is used to identify you during your stay at the facility. You should share your A-Number with your family and attorney so that they can find you in the Online Detainee Locator System.

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

Detainee

Depending on the specific facility’s policies, you may be able to keep some religious items, such as religious headscarves and medallions, simple wedding bands, photos, soft-cover religious and personal reading materials, legal documents and papers

(including property receipts), and other small items (shown in the facility’s local handbook).

8 Intake Officer Provides you with bed linens such as bed sheets, a pillowcase, and a blanket.

9 Detainee Check the facility’s policy and procedure for the issuance and exchange of bedding, but you may typically exchange bedding once a week.

10 Intake Officer Gives you approved personal care items such as soap, a toothbrush, comb, etc. You may ask a housing officer for more personal care items when needed.

10 Detainee You may shower and get clean clothes as appropriate for the climate at the facility.

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

12 Health Care

Professional

Asks about your physical and mental health and medications.

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

14 Health Care

Professional

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

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

c Medical information is safeguarded and kept confidential. If you need copies of these documents, you should ask a medical provider, ICE officer, or facility staff for the appropriate request form.

National Detainee Handbook 9

If you are a person with a disability, you have a right to request accommodations based on your disability.

If you are a person with a disability, such as limited ability to move, speak, breathe, see, hear, or care for yourself, you have the right to request and receive reasonable accommodations that provide an equal opportunity to access, participate in, or benefit from the facility’s programs, activities, and services available to other detainees. You also have the right to be provided aids or services to help you communicate, see, or hear. The facility is required to communicate with you in a manner you understand, ask what accommodations you need, and give primary consideration to your preferences. The facility must inform you of the process to make a disability accommodation request as well as the grievance process, and the facility must make those processes accessible to you.

If you would like to file a grievance or formal complaint about facility disability accommodations, you can follow the procedures listed on page 37 of this handbook.

You also have the right to:

• Reasonable and equitable opportunities to practice your faith constrained (i.e. restricted or denied) only by concerns about safety, security, and the orderly operation of the facility. If a religious practice must be restricted or denied, you have the right to request an alternative method to practice your sincere religious belief that does not present concerns regarding safety, security, and order;

• File a complaint about the living conditions with the facility or the Department of Homeland

Security (DHS);

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

• Be free from neglect or abuse;

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

• Access law library resources and legal assistance.

See your local facility handbook for information about legal aid programs and their presentations, rules, procedures, and hours.

YOUR IMMIGRATION CASE

You have the right to obtain a lawyer or legal representative of your choice, at no cost to the U.S.

government. It is your responsibility to obtain the services of the attorney. That person must sign a Form

G-28 to notify the facility, ICE, and DHS that they will represent you.

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

If the law allows it, the U.S. government can decide your immigration status using alternative proceedings which may not involve an immigration judge. You may also be authorized for release on bond until your scheduled hearing. If so, it is your responsibility to pay the bond.

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

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

For example, you have the right to ask for asylum to stay in the U.S. if you were (or are afraid that you will

be) persecuted in your native country or a country where you last lived because of your race, religion, nationality, political opinion, or membership in a particular social group.

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

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

If you have questions about the removal process, talk to your ICE officer. You may also call any of the lawyers or legal representatives on the list of free legal services providers given to you by ICE. In addition, your facility’s law library may have materials explaining this information.

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

10 U.S. Immigration and Customs Enforcement

COMMUNICATING WITH FAMILY,

FRIENDS, AND LEGAL

REPRESENTATIVES

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

IMPORTANT! While you are being detained, your family members, legal representatives, and others from the general public may be trying to locate you. They can find you through the Online Detainee Locator System, at www.ice.gov/locator. The best way to search for individuals in the Online Detainee Locator System is to use the detainee’s A-Number and country of birth.

PHONE CALLS

When you first arrive at the facility, you will be given access to a telephone. Later, you may make phone calls from your housing unit. All calls may be monitored, except those to your lawyer, legal representative, or the court.

Keep in mind, you could lose or have your phone privileges limited if you do not follow facility rules, abuse the phone equipment, or make calls for illegal activities.

It is your responsibility to learn the facility’s rules for phone use. You have the right to ask to use the ICE phone system. If your request to use the phone is denied, tell any

ICE officer that you want to make a written request to use the phone system. See Table 2 on page 11 for more information on phone use while at the facility.

To contact any phone number in the United States using the TeleTYpe (TTY) machine:

• Using a facility TTY machine, first dial 711. This connects you with a Telecommunications Relay

Service (TRS).

• Once you are connected with the TRS operator, provide the TRS operator with the phone number you would like to call.

• The TRS operator will then connect you with that number.

• If you have any issues or questions regarding the use of a TTY machine, please ask facility staff for assistance.

TABLETS

Your facility may have electronic tablets that allow you to communicate with friends, family, and attorneys. The tablets contain some free content and helpful information such as a copy of this handbook, facility postings, and religious and legal resources. Other content is available to rent or purchase, including entertainment like movies and music. Some facilities have enabled additional functions such as communication with ICE and medical staff. Refer to the facility’s local handbook or ask a staff member for details.

USE OF TABLETS IS A PRIVILEGE, NOT A RIGHT, and availability may be limited during high usage periods. Tablet usage may be monitored and there is no expectation of privacy. Any misuse of the tablet or other detainee actions resulting in disciplinary sanctions may include loss of tablet privileges.

VISITS

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

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

Your visitors may bring you items, but an officer must first check and approve them.

Tell your visitors not to bring a lot of packages or other items with them.

Anything you accept from a visitor that was not approved by an officer can be taken from you and seized as contraband. You also may be subject to administrative and criminal penalties for possession of contraband. For information regarding visitors, see Table 3.

MAIL

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

http://www/

National Detainee Handbook 11

TABLE 2. INFORMATION REGARDING PHONE CALLS

PHONE CALLS TO:a

ALLOWED?

FREE OF

CHARGE?

NOTES

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

Find a lawyer or legal representative

(including non-immigration attorneys)b yes yes A 20-minute time limit may be placed on calls to permit fair access to phones.

Lawyer or legal representative

(including non-immigration attorneys)c yes depends A 20-minute time limit may be placed on calls to permit fair access to phones.

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

State child welfare stakeholders yes depends Ask facility staff, your Deportation Officer, or call the Detention Reporting and Information Line

(DRIL) if you need assistance obtaining contact information for the caseworker or attorney handling your child welfare case.

Your country’s consulate office in the

U.S.

yes yes The consulate may help you find a lawyer, contact your family, or visit you at the facility.

DHS Office of the Inspector General yes yes 1-800-323-8603 or 1-844-889-4357 from a TTY machine

ICE Detention Reporting and

Information Line (DRIL) yes yes 1-888-351-4024 or 9116# or 711 from a TTY machine

ICE Office of Professional

Responsibility yes yes 1-877-2INTAKE (1-877-246-8253) or 711 from a

TTY machine

Joint Intake Center (JIC) yes yes 1-877-2INTAKE (1-877-246-8253) or 711 from a

TTY machine

Courts yes yes

Immigration courts and Board of

Immigration Appeals yes yes

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

Immigration Reviewb

United Nations High Commissioner for

Refugees yes yes

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

ICE housing unit officer for help.

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

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

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

12 U.S. Immigration and Customs Enforcement

TABLE 3. INFORMATION REGARDING VISITORSa

FAMILY AND FRIENDS

VISITING DAYS PERMITTED TIME ALLOTTED NOTES:

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

Children under age 18 may visit if they are accompanied by an adult visitor who watches them. Check the facility’s local handbook to see if contact visits with minors are permitted.

MEETING WITH LAWYERS AND PARALEGALS

Monday through Friday 8 hrs. per day (minimum) You may ask to meet with your lawyer or legal representative during meal hours. The facility staff will provide a meal tray or sack meal to eat during the meeting.

Saturday, Sunday, and holidays 4 hrs. per day (minimum) If you want to cancel a meeting, you must do

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

a Check your facility’s local rules for visiting hours and other specific information.

National Detainee Handbook 13

TABLE 4. INFORMATION REGARDING MAIL

LEGAL MAIL AND SPECIAL CORRESPONDENCE IS FROM

• Private lawyers, legal representatives, and government lawyers

• Judges, courts, embassies, and consulates

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

• U.S. Department of Justice, DHS (including ICE, DHS Office of Inspector General, DHS Office for Civil Rights and

Civil Liberties, and ICE Health Service Corps)

• Grievance systems administrators

• Reporters and other news media representatives

LEGAL MAIL PREPARATION

In the top left corner of the envelope, write:

• Your name

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

• The facility’s address

In the middle of the envelope, write:

• Recipient’s name and address

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

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

MAIL PRIVACY

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

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

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

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

MAIL SENT TO YOU

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

• The envelope, as part of your address

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

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

• Sender’s name and title

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

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

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

The facility may refuse to deliver your mail if:

• It is considered contraband

• It shows, describes, or might cause violence or disorder

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

• Has explicit pictures or descriptions of sex, or obscene material

• Contains threats, extortion, bribes, obscenity, or gratuitous profanity

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

Continued on next page

14 U.S. Immigration and Customs Enforcement

TABLE 4. INFORMATION REGARDING MAIL

IDENTITY DOCUMENTS AND MAGAZINE SUBSCRIPTIONS

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

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

MAIL DELIVERY

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

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

RULES ABOUT MONEY IN THE MAIL

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

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

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

PAYING FOR POSTAGE

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

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

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

National Detainee Handbook 15

CHILD CUSTODY QUESTIONS

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

Tell an ICE officer or contact the Detention Reporting and Information Line (DRIL) at 1-888-351-4024 or

9116#. ICE can give you the opportunity to make care arrangements for your child or can review the decision to detain you. You can complete a

Delegation of Parental Authority form which can be found in the facility law library.

How can I locate my child(ren) who were separated from me while in immigration custody at the border?

Tell an ICE officer or contact the DRIL at 1-888-351-

4024 or 9116# or 711 from a TTY machine.

What if I learn that my child will be taken into custody by a state child welfare service or program while I am in detention?

Tell an ICE officer or contact the DRIL. ICE can give you the opportunity to contact the state child welfare agency and determine what options you may have regarding making care arrangements for your child and/or how to participate in any child welfare proceedings. ICE may also review the decision to detain you, especially if you present new information related to your child.

What if I am concerned about my child’s safety in the U.S.?

You can tell facility staff that you would like report potential child abuse, neglect, or abandonment to a state child welfare authority, or you can call the DRIL.

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

State Child Welfare Proceedings: If the legal proceeding involves a state child welfare agency, ICE can give you the opportunity to contact the agency and/or your child welfare attorney about your minor child(ren) who are under child protectives services’ supervision. If you need help locating the caseworker tell an ICE officer or contact the DRIL. The child welfare agency and/or your child welfare attorney will let you know what you can do to make care arrangements, participate in services, participate in court hearings or if there are other steps you can take to facilitate contact or reunification. You should also let your ICE officer know if there is anything you need to do for your state child welfare case.

Family law proceedings: If the legal proceeding is between you and another person (such as the other parent of the child(ren) or some other family member), ICE can give you the opportunity to contact your lawyer or legal representative (if you have one), participate in a court hearing, file documents with the court, or take part in other matters related to the case.

What if I have questions about the state child welfare or family court process?

Talk to your attorney or case worker. You can also look at the Detained or Deported: What

About My Children? Toolkit that is available on all law library computers in English and Spanish.

The supplement to the Toolkit also contains state-by-state contact information for various state agencies and services.

LEGAL RESOURCES

GROUP LEGAL RIGHTS

PRESENTATIONS

At some facilities, community members give group presentations on U.S. immigration law and procedures. These presentations are available to all ICE detainees in the facility. Your facility will post announcements about the presentations in common use areas. If you cannot read or understand an announcement, ask for information in a language or format you can understand. Legal orientation materials are also made available on law library computers in multiple languages.

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

• Security arrangements can be made;

• Your presence would not pose a security risk;

and

• The presenter agrees to the security arrangements.

Note: Not all facilities have legal rights presentations because not all communities offer them. ICE detainees can contact facility staff or call the DRIL to learn more about legal presentations or Know Your Rights orientation video screenings.

16 U.S. Immigration and Customs Enforcement

UNITED NATIONS HIGH

COMMISSIONER FOR REFUGEES

(UNCHR) HOTLINE

UNHCR operates a toll-free protection hotline for asylum seekers on Mondays, Wednesdays, and

Fridays from 2pm-5pm EST with telephonic interpretation available. The protection hotline is accessible by dialing #566 from within the facility.

You may also write to UNHCR:

UNHCR

1800 Massachusetts Ave. NW Suite 500

Washington, D.C. 20036

LAW LIBRARY

All ICE detainees have the right to use the facility’s law library to access approved legal materials and office equipment (such as copy machines, typewriters, and computers) to copy and prepare legal documents only. This material and equipment is not for personal communication. If you need to write personal letters, ask your housing unit officer for paper, pencils, and envelopes.

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

What are the law library hours?

The law library hours are posted in all housing units. You are allowed at least five (5) hours each week to work on your case.

What if I need more time at the law library?

You should complete a detainee request form and submit it to the facility. Explain why you need more time. The facility may give you more time if it is possible to do so. Priority may be given to those with court deadlines, or if there is another urgent need or special circumstance.

How do I find the legal materials I need?

The law library may have books and publications, or the legal materials may be uploaded onto the law library computers. There are self-help materials in the law library or on the computers that show you how to:

• Do legal research;

• Prepare legal documents; and

• Use legal materials on the computer.

What should I do if I need legal materials that are not available in the law library?

• You should complete a detainee request form and submit it to the facility or the law library coordinator.

• If your request is not approved, you will receive written notification.

Can access to the law library be denied?

All ICE detainees, regardless of housing or classification, are entitled to have access to the law library on a regular basis. If, however, there are security concerns or other circumstances that warrant limiting or preventing law library access, you can be provided with legal materials upon request.

What if I need help using the law library?

Ask the staff member at your facility if you:

• Need help finding materials;

• Need help accessing programs;

• Need help with equipment;

• Do not speak or read English well; or

• Have a disability.

You may also ask another detainee to help you with your legal research and document preparation.

Another detainee may be allowed to help you if there are no security risks or other concerns and you do not pay or give the detainee anything of value. Submit a written request to your facility’s administrator.

National Detainee Handbook 17

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

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

CLASSIFICATION AND HOUSING

CLASSIFICATION LEVEL

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

• Criminal charges and convictions;

• Immigration history;

• Discipline record;

• Current classification level; and

• Other related information.

What if I think my classification level is not right?

You have the right to appeal your classification level and housing placement. To do that, you must file an appeal by following the appeal procedures in your facility’s local handbook.

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

Classification levels are reviewed no later than

90 days after the first classification. After that, they are reviewed approximately every 90 to 120 days after the most recent review. See your facility’s local handbook for a detailed schedule of when classification levels will be reviewed. If you are placed in segregation, your classification will be reviewed before you return to the general population.

Can the facility change my classification level at other times?

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

SPECIAL MANAGEMENT UNIT

HOUSING

Sometimes detainees are placed in separate, special management unit (SMU) housing. This is often referred to as segregation. In an SMU, you live in an individual cell and away from other detainees. This happens if stricter supervision is needed and/or based on safety, security, or other concerns. If you are placed in segregation, your classification will be reviewed before you return to the general population.

There are two kinds of segregation:

Administrative Segregation

Administrative segregation is non-punitive. You may be placed in administrative segregation if:

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

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

• You need protection and cannot be safely housed in a less restrictive environment (this could be initiated by the facility or the detainee);

or

• You require stricter supervision due to medical and/or mental health concerns, hunger strike, or risk of suicide.

Disciplinary Segregation

The facility may discipline any detainee whose behavior does not comply with facility rules and regulations, to include temporary placement in disciplinary segregation. A detainee may be placed in disciplinary segregation only by order of the Institutional Disciplinary Panel, or its equivalent, after a hearing in which the detainee has been found to have committed a prohibited act.

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

Yes. You will have access to the same types of services as before. However, your access may be less depending on available resources and security concerns.

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

• Showers;

• Recreation;

• Law library;

18 U.S. Immigration and Customs Enforcement

• Presentations by legal rights groups;

• General telephone calls;

• General visitation;

• Religious guidance; and

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

However, you will still receive access to:

• Mail;

• Legal telephone calls;

• Legal visitation; and

• Healthcare services.

How long could administrative segregation last?

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

The review schedule is as follows:

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

• Review of your placement after seven (7) days of placement by a security supervisor; and

• Weekly reviews of your placement for the first 30 days after your second review, and every 10 days thereafter.

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

You have the right to appeal the decision.

How do I appeal?

After seven (7) consecutive days of administrative segregation, you may appeal the decisions of any review conducted by writing to the facility administrator. Ask for a staff member or an interpreter if you need help writing your appeal. Once you have appealed, the facility administrator will review your case every 30 days.

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

Yes, you will still receive the same extent of access to mail, legal telephone calls, legal visitation, and health care services.

However, depending on your violation, security concerns, and available resources at the facility, you may receive a lesser degree of some of the following services:

• Showers;

• Recreation;

• Law library;

• Presentations by legal rights groups;

• General telephone calls;

• General visitation;

• Religious guidance; and

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

Will the facility review my placement in disciplinary segregation?

Your case will be reviewed every seven (7) days to ensure you are obeying all of the rules, receiving proper services, and to consider placing you back in the general population.

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

MEALS, ACTIVITIES, AND SERVICES

MEALS

The facility serves meals three (3) times every day.

You are allowed one meal at each mealtime. The meals are nutritionally balanced, approved by a dietitian, served in a clean, safe place, and served with napkins and utensils, which must be returned at

National Detainee Handbook 19 the end of each meal. Meals are served in a central dining room, a dining room in your housing unit, or a special housing unit.

What is on the menu?

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

Is there pork in the food?

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

What if I have a special diet?

To request a special diet for religious reasons, inform the Chaplain or the Religious Services Coordinator that you need a common fare diet because of religious beliefs. The Chaplain or Religious

Services Coordinator may ask you questions about why you need a special meal and may ask for you to fill out and sign a request form. That person will also tell you what religious meal options are available at that facility

If you need a special diet for medical reasons, ask the medical staff to evaluate your request.

Your request for a special diet (for religious or medical reasons) must be approved before you can get special meals.

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

Will I get different food if I am being disciplined?

No. Food is provided according to the general population meal schedule and ordinarily from the same menu.

COMMISSARY OR VENDING

MACHINES

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

Do I have to buy basic toiletries from the commissary?

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

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

The facility does not have to send you the items or give you a refund if you are transferred or deported.

But the facility may give you a refund before you leave.

See your facility’s local handbook.

RECREATION

You will be allowed to have indoor or outdoor recreation at least one (1) hour each day. If your facility has an outdoor recreation area, you will be permitted to access it for at least one (1) hour a day, five (5) days a week, if weather permits. In some facilities you may be permitted more outdoor recreation. Check your facility’s local handbook for more information.

What recreation activities may be available?

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

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

No.

What if my facility does not have outdoor recreation?

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

RELIGION

You will have opportunities to practice your religious faith.

These opportunities will only be limited if you or the religious practice or items present a specific documented threat to the safety, security, or order of the facility, or if the religious practice

20 U.S. Immigration and Customs Enforcement disrupts order in the facility. All facilities must give you reasonable access to religious services and religious leaders.

Facility staff will explain how to contact the

Chaplain or Religious Services Coordinator for your facility and give you information about:

• Religious prayer services;

• Special religious diets;

• Accommodating your religious needs to effectively celebrate religious holidays or holy days;

• Visits from a religious representative;

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

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

ICE detainees may usually:

• Take part in their religious practices;

• Wear approved religious headwear and garments; and

• Have other approved religious property.

The facility cannot limit these unless there is a specific documented threat to the safety, security, or order of the facility.

IMPORTANT! You must ask the facility for approval of any hard-covered religious book.

Unless you get approval, all religious books must be soft-covered.

VOLUNTARY WORK PROGRAM

If your facility has a volunteer work program, you may be able to volunteer to work. ICE detainees are not required to work, and many facilities do not allow ICE detainees to participate in their work programs. It is your responsibility to know

ICE’s and your facility’s local handbook for the work program.

Will I get paid for my work?

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

How often will I get paid?

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

How many hours can I work?

You cannot work more than eight (8) hours per day or 40 hours a week.

What are the requirements for the work program?

To take part in this program, you must:

• Sign a voluntary work program statement;

• Complete any work-related training;

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

• Work the schedule assigned to you; and

• Do your assigned work satisfactorily.

Can I be fired from the Voluntary Work Program?

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

Will I get paid for keeping my living area clean?

No. You must keep areas that you use clean, including your living area and any general-use areas that you use. If you do not keep your areas clean, you may be disciplined. It is up to you to know your facility’s rules for keeping living areas and detainee general use-areas clean and orderly in a group living environment.

LIBRARY

Most facilities have library materials similar to what you would find at a school or community library. The facility considers the detainees’

National Detainee Handbook 21 needs, interests and abilities when deciding on its materials.

Can I go to the library at any time?

No. See your facility’s local handbook for library use.

Each facility’s library has a schedule for using and checking out materials. Please give other detainees a chance to read library materials. Make sure that you take care of the materials you check out and return them on time.

ATTENDING OTHER COURT

HEARINGS (NON-IMMIGRATION)

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

If you have a court hearing scheduled in another case (for example, if you are currently involved in a criminal proceeding or child custody case), ask your ICE officer about how you might be able to take part in your hearing. If you have a family law or child welfare court hearing scheduled, ask your ICE officer about how your participation can be facilitated. If ICE is not able to escort you to court for an in-person appearance, efforts will be made to arrange for your participation through a video conferencing system or via the telephone.

Provide a copy of the court documentation (if you have it) to your ICE officer as early as possible so that arrangements can be made for your participation.

REQUESTS TO MARRY

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

Your written request must confirm that:

• You meet the legal requirements to marry;

• You are mentally competent to marry; and

• Your future spouse will certify they will marry you.

Attach a separate document (signed by your future spouse) that says they plan to marry you.

The facility’s administrator may need to send your request to the ICE field office director for approval. If you do not get approval in time, you may have to delay or cancel any wedding plans. If your request is denied, you and your legal representative will be provided with the decision and the reasons for the decision in writing.

DRESS AND GROOMING

UNIFORMS

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

• Blue for low custody;

• Orange for medium custody; and

• Red for high custody.

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

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

EXCEPTION: Depending on the local rules, kitchen workers may wear a color that is different from their security level (e.g. a white uniform, apron, and/or smock) when on duty.

Are there other rules about clothes?

Yes. You must also follow these rules:

• No torn or dirty clothing;

• Do not change or re-purpose your uniform if issued (for example, do not wear your shirt as a

22 U.S. Immigration and Customs Enforcement headband or roll up long pants to make them short);

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

• No shower shoes outside the housing unit.

Other rules

You must always wear your complete uniform

(shirt, pants, and shoes) when:

• Outside of your housing unit;

• In the dining room;

• Medical appointments (unless told otherwise);

• Going to court;

• During religious services; and

• Seeing visitors.

Also in regard to dress

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

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

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

Proper shoes and clothes

• Wear your shoes at all times;

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

• Wear your shower shoes in the shower; and

• Wear proper clothing for the weather.

PERSONAL CARE

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

When can I shower?

Check the shower schedule posted in your housing unit. It will tell you when you can use the shower each day. You must bathe regularly and keep your hair clean.

What if I need shampoo or other personal items?

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

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

GROOMING

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

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

Can I wear my hair any way I want?

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

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

Can I have a beard or mustache?

Yes, unless you work in the…