U.S. Immigration and Customs Enforcement (ICE) has a zero tolerance policy for all forms of sexual abuse or assault.
ICE maintains a Sexual Abuse and Assault Prevention and Intervention (SAAPI) Program that ensures effective procedures for preventing, reporting, responding to, investigating, and tracking incidents or allegations of sexual abuse or assault against individuals in ICE detention.
ICE is committed to safety and security in all of its detention and holding facilities.
Implementation of Protections
Department of Homeland Security (DHS) PREA Regulation
On March 7, 2014, DHS issued the regulation entitled “Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities” (DHS Prison Rape Elimination Act (PREA)). This regulation built upon existing ICE sexual assault and abuse related policies and practices, and outlined robust requirements for screening, training, detainee education, reporting, response, medical care, investigative protocols, discipline, and monitoring and oversight.
DHS PREA is divided into three subparts:
- Subpart A: Covers long-term immigration detention facilities, which house individuals in immigration proceedings or awaiting removal from the United States.
- Subpart B: Covers holding facilities used by ICE for the temporary administrative detention of individuals pending release from custody or transfer to a court, jail, prison, other agency or other unit of the facility or agency.
- Subpart C: Covers DHS PREA audits and compliance.
Related ICE Policy and Protocols
On May 22, 2014, ICE issued ICE Policy No. 11062.2: Sexual Assault and Abuse Prevention and Intervention (SAAPI Directive). The SAAPI Directive incorporates DHS PREA requirements applicable to ICE at the agency level and extends SAAPI protections to all individuals in ICE custody, regardless of whether they are in a confinement facility at the time.
On September 22, 2014, ICE Enforcement and Removal Operations (ERO) issued ICE Policy No. 11087.1: Operations of ERO Holding Facilities (“ICE Hold Room Directive”). This directive incorporates DHS PREA requirements and protections for all individuals at ERO holding facilities.
Facility Implementation
Prior to the issuance of DHS PREA standards, ICE developed strong safeguards against sexual abuse and assault of its detainees in both agency policies and the ICE detention standards. The ICE Family Residential Standards (FRS) and ICE Performance Based National Detention Standards (PBNDS) 2008 outline responsibilities for facility detention staff and included a standard to protect detainees from sexual abuse and assault in facilities. The PBNDS 2011 Standard 2.11, Sexual Abuse and Assault Prevention and Intervention (SAAPI), reinforced existing protections by strengthening requirements for screening, staff training, and detainee education, protection and appropriate housing of victims, protocols for conducting prompt and thorough investigations, and tracking and monitoring those investigations. Not all facilities are obligated to comply with PBNDS 2011; however, in 2013, ICE requested any detention facilities with an average daily population (ADP) of greater than 10 detainees implement PBNDS 2011 Standard 2.11. Fifty-seven detention facilities not otherwise covered by PBNDS 2011 have adopted Standard 2.11.
DHS PREA mandates adoption of its requirements in any new, renewed, or substantively modified detention contracts. As of the end of Fiscal Year (FY) 2016, ICE implemented DHS PREA at all 23 dedicated ICE detention facilities (i.e., facilities that exclusively hold ICE detainees) and at seven non-dedicated ICE detention facilities. In FY 2016, PREA standards were adopted at detention facilities housing 64% of the ICE ADP, and 79% of the ICE ADP when excluding U.S. Marshals Service (USMS) facilities (which are covered by the U.S. Department of Justice PREA regulation).
When combining the sexual abuse and assault safeguards contained in DHS PREA, PBNDS 2008, the FRS, and PBNDS 2011, approximately 90% of the ICE ADP is covered by these extensive protections and prevention requirements.
Prevention of Sexual Assault (PSA) Coordinators
The ICE SAAPI Directive and DHS PREA require the designation of an upper-level, agency-wide ICE Prevention of Sexual Assault (PSA) Coordinator. Claire Trickler-McNulty is the current ICE PSA Coordinator.
The ICE SAAPI Directive also requires both Enforcement and Removal Operations (ERO) and ICE Office of Professional Responsibility (OPR) to designate PSA Coordinators to assist in ensuring compliance in their respective program offices. The ICE, ERO, and OPR PSA Coordinators work together to develop and implement agency policies and standards related to sexual abuse and assault prevention and intervention. The current ICE ERO PSA Coordinator is Supervisory Detention and Deportation Officer (SDDO) Alan Greenbaum, and the current ICE OPR PSA Coordinator is Sara Lilly.
How to Make a Report
ICE provides detainees and their attorneys, family, friends, and associates multiple ways to report sexual abuse, retaliation for reporting sexual abuse, or staff neglect or violations of responsibilities that may have contributed to such incidents. Third parties not connected to a detainee can also report these allegations. Reports are confidential and may be made anonymously, both verbally and in writing.
The following offices accept reports of sexual abuse or assault:
The DHS Office of the Inspector General (DHS OIG)
The DHS OIG may be reached at 1-800-323-8603 or:
Office of Inspector General/MAIL STOP 0305
Department of Homeland Security
245 Murray Lane SW
Washington, DC 20528-0305
The ICE ERO Detention Reporting and Information Line (DRIL):
The DRIL may be reached at (888) 351-4024 or by completing the form
The ICE Office of Professional Responsibility (ICE OPR):
ICE OPR can be reached via the Joint Intake Center (JIC) at 877-246-8253, or by email at Joint.Intake@dhs.gov or:
DHS ICE OPR
PO Box 14475
Pennsylvania Avenue NW
Washington, DC 20044
Victim Resources
ICE provides access to victim services and victim advocates for detainees who have been subjected to sexual abuse and assault. Victim services may be provided either within the facility or in the local community. Victim advocates can assist and support the victim as he or she negotiates reporting, interviews, and related medical and mental health examinations and evaluations. Victim and advocacy services are provided at no charge to the detainee.
Protections: U visas provide temporary immigration status to victims of certain qualifying crimes, including sexual abuse and assault. Additional information about U visas can be found here.
Other PREA Related Questions or Concerns
Individuals may also contact the ICE ERO Detention Reporting and Information Line (DRIL) for any other issues and questions related to PREA or the sexual abuse and assault of individuals in ICE custody:
The ICE ERO Detention Reporting and Information Line ( DRIL ):
The DRIL may be reached at (888) 351-4024 or by completing the contact form