November 13, 2000 INS to Adopt New Detention Standards Standards to Be Implemented at All Facilities Housing INS Detainees WASHINGTON – The Immigration and Naturalization Service (INS) today released detailed standards for facilities housing INS detainees. The standards ensure consistent treatment and care for detainees that are in INS custody anywhere in the country. The 36 standards, which cover a broad range of issues ranging from visitation policies to grievance procedures, will take effect at INS-owned facilities in January 2001. Over the next two years, INS will phase in the new standards in its contract facilities and in state and local facilities under arrangements known as Intergovernmental Service Agreements (IGSAs). In making the announcement, INS Commissioner Doris Meissner said the standards will help ensure that all INS detainees receive consistent and fair treatment. "Our continued goal is to provide safe, secure and humane conditions of detention for all aliens in INS custody, and these new standards will help us achieve that," she said. "We are committed to ensuring that our detention standards are met by all facilities we use for detention, regardless of whether they are operated by INS, private contractors or state, local or federal government officials under Intergovernmental Service Agreements." INS’ growing enforcement and detention capability, coupled with changes in the 1996 immigration law, have spurred unprecedented growth in the size of its detention population. INS detainees are criminal and other illegal aliens awaiting resolution of their immigration cases or removal from the United States. The current size of INS’ daily detention population has grown to an average of 20,000 detainees, up from an average of 8,200 in 1997. While the INS has been working for several years to develop new detention standards, the recent growth has created more pressure for the agency to develop one consistent set of standards that allow for all detainees to be treated equally wherever they are housed. Previously, each facility owned, operated or contracted by the INS as well as local institutions that house INS detainees adopted their own standards, generally in accordance with state regulators or recognized accrediting organizations such as the American Correctional Association (ACA). The new standards are the result of a lengthy process at INS designed to produce uniform standards and operating instructions for all its facilities, known as Service Processing Centers, and major contract facilities. The standards developed cover detainee treatment, visitation and access to legal counsel, as well as general facility concerns. Under federal law, aliens in immigration proceedings have the right to legal representation, but at no expense to the government. INS recognizes that it is even more important that its detainees have quick and easy access to legal materials and representation. A variety of organizations, notably the American Bar Association (ABA), was instrumental in developing four access standards to address this concern: Visitation, Access to Legal Materials, Telephone Access and Group Presentations on Legal Matters. ABA President Martha Barnett called the detention standards a "significant achievement" and "a good first step towards providing uniform treatment and access to counsel for immigrants and asylum-seekers, whether detained in INS-run facilities or county jails. The ABA is pleased to have contributed to this process and stands committed to facilitating the implementation of, and adherence to, these standards," she said. In March 1998, INS issued the first 17 standards including the four access standards for implementation in the SPCs and contract detention facilities. Then the ABA requested that the Department of Justice extend these standards to all facilities that house INS detainees including state, county and local institutions. Since the standards as written could not be imposed on IGSA facilities, which house diverse groups of individuals, the format of the standards was altered so that they could be more flexible. The new standards will be required for all facilities holding INS detainees, but they include flexibility to allow IGSAs to use alternate means of meeting the standard if necessary. The new standards are based on current INS detention policies, Bureau of Prisons’ Program Statements, and the widely accepted ACA Standards for Adult Local Detention Facilities, but are tailored to serve the needs of INS detainees. To these were added the access standards, which are unique to the immigration arena. The first 17 of the new standards are equivalent to the 17 standards issued in 1998 and include the four access standards. The remaining 19 standards are the continuation of the original project, but in the new format, and addressing additional parts of the detention universe, such as Holding Room standards, Classification and various facility operational and security issues. (NOTE: A complete listing of the standards follows. Text of the entire set is available on the INS website. ) "These standards represent several years of work by INS employees," said Commissioner Meissner, adding that the contributions of outside groups were also instrumental in their development. In addition, all standards were reviewed by the Office of the Deputy Attorney General, the Civil Rights Division, Office of Immigration Litigation, and the Office of the Special Counsel for Immigration Related Employment Discrimination. INS Detention Standards Access to Legal Material Classification System Correspondence and other mail Detainee Handbook Food Service Policy Funds and Personal Property Detainee Grievance Procedures Group Presentations on Legal Rights Issuance and Exchange of Clothing, Bedding and Towels Marriage Requests Non-Medical Emergency Escorted Trips Recreation Religious Practices Telephone Access Visitation Voluntary Work Program Medical Care Hunger Strikes Suicide Prevention and Intervention Terminal Illness, Advanced Directives, and Death Admission and Release Contraband Detention Files Disciplinary Policy Emergency Plans Environmental Health and Safety Hold Rooms in Detention Facilities Key and Lock Control Population Counts Post Orders Security Inspections Special Management Unit (Administrative Segregation) Special Management Unit (Disciplinary Segregation) Tool Control Transportation Use of Force – INS –