U.S. Department of Homeland Security Immigration and Customs Enforcement Office of Professional Responsibility Management Inspections and Detention Oversight Washington, DC 20536-5501 Office of Detention Oversight Quality Assurance Review Enforcement and Removal Operations El Paso Field Office Otero County Processing Center Chaparral, New Mexico June 21 - 23, 2011 FOR INTERNAL USE ONLY. This document may contain sensitive commercial, financial, law enforcement, management, and employee information. It has been written for the express use of the Department of Homeland Security to identify and correct management and operational deficiencies. In reference to ICE Policy 17006.1, issued 09/22/05; any disclosure, dissemination, or reproduction of this document, or any segments thereof, is prohibited without the approval of the Assistant Director, Office of Professional Responsibility. ICE.2012FOIA3030002607 QUALITY ASSURANCE REVIEW OTERO COUNTY PROCESSING CENTER EL PASO FIELD OFFICE TABLE OF CONTENTS EXECUTIVE SUMMARY ...............................................................................................1 INSPECTION PROCESS Report Organization .................................................................................................3 Inspection Team Members .......................................................................................3 OPERATIONAL ENVIRONMENT Internal Relations .....................................................................................................4 Detainee Relations ...................................................................................................4 ICE NATIONAL DETENTION STANDARDS Detention Standards Reviewed ................................................................................5 Detainee Grievance Procedures ...............................................................................6 Staff-Detainee Communication ...............................................................................7 Telephone Access ....................................................................................................9 Use of Force ...........................................................................................................10 LIST OF ACRONYMS ...................................................................................................12 ICE.2012FOIA3030002608 EXECUTIVE SUMMARY The Office of Professional Responsibility (OPR), Office of Detention Oversight (ODO) conducted a Quality Assurance Review (QAR) of the Otero County Processing Center (OCPC), located in Chaparral, New Mexico, from June 21 to June 23, 2011. The facility is owned by Otero County and is operated by Management & Training Corporation (MTC). OCPC opened on May 23, 2008. ICE Enforcement and Removal Operations (ERO) began using OCPC in June 2008 under an intergovernmental service agreement (IGSA) to house ICE male detainees of all classification levels for periods in excess of 72 hours. The total housing capacity is 1,089. At the time of the QAR, OCPC housed 809 male ICE detainees. Additional detention space can be provided for ICE detainees if sufficient notice is provided by ICE to MTC. The American Correctional Association (ACA) accredited OCPC on January 25, 2010. OCPC holds no other accreditations. Physicians Network Associates (PNA) employees provide medical care and MTC provides food service. The ERO Assistant Field Office Director (AFOD) who oversees OCPC is located at the facility. The full-time permanent ICE staff at OCPC consists of (b)(7)(e) mmigration Enforcement Agents (IEA), a Supervisory Immigration Enforcement Agent (SIEA), (b)(7)(e) Deportation Officers (DO), (b)(7)(e) Deportation Removal Assistants (DRA), (b)(7)(e) Supervisory Detention and Deportation Officers (SDDO), and the AFOD. ICE temporary staff assigned to OCPC consists of (b)(7)(e) IEAs and (b)(7)(e) Detention Operations Supervisor (DOS). The total number of staff (non-ICE) employed at OCPC is (b)(7)(e) ERO Detention Standards Compliance Unit contractor MGT of America, Inc. conducted an annual review of the 2000 ICE National Detention Standards (NDS) at OCPC on February 22, 2011. OCPC received an overall rating of “acceptable,” and was found to be compliant in all of the 37 standards reviewed. In June 2009, the OPR Detention Facilities Inspection Group (DFIG) conducted a QAR of 25 standards under the 2000 ICE NDS, and recorded a total of 29 deficiencies in 12 of the standards reviewed. In April 2010, OPR ODO conducted a Follow-up Review of OCPC to ascertain whether the facility had addressed the deficiencies noted in the 2009 QAR. Reviewers documented ten (34%) repeated deficiencies in seven of the NDS reviewed. The seven areas included Access to Legal Material, Detainee Handbook, Detention Files, Funds and Personal Property, Key and Lock Control, Staff-Detainee Communication, and Use of Force. During this QAR, ODO reviewed 23 NDS; 19 areas were found to be in full compliance, while a total of 10 deficiencies were found in the following 4 areas: Detainee Grievance Procedures (1 deficiency); Staff-Detainee Communication (2); Telephone Access (3); and Use of Force (4). The deficiency identified in the Detainee Grievance Procedures standard involved not properly documenting oral grievances resolved in the detainee’s favor. The review of the Staff-Detainee Communication standard indicates that no policy or procedure exists to document and ensure that the FOD, AFOD, and designated department heads conduct regular unscheduled visits to the facility’s living and activity areas. This important requirement encourages informal Office of Detention Oversight June 2011 OPR 201106001 1 Otero County Processing Center ERO El Paso ICE.2012FOIA3030002609 communication between staff and detainees, and ICE observation of living and working conditions at the facility. Also, based on the records reviewed by ODO, ICE does not respond to all detainee requests within 72 hours. Documentation reviewed by ODO verified ICE staff conduct visits to only certain general population housing units within OCPC, rather than all housing units, as required by the ICE NDS and the Change Notice National Detention Standards Staff/Detainee Communication Model Protocol, dated June 15, 2007. Telephone access rules and the procedure for obtaining an unmonitored telephone call to a court, legal representative, or for the purposes of obtaining legal representation are not posted within the housing units. ODO’s review of Use of Force found four deficiencies. While using team techniques during calculated uses of force, team members (b)(7)e video tapes of the use of force are not kept in accordance with the standard, and OCPC continues to maintain non-deadly force devices not authorized by ICE, specifically (b)(7)e (b)(7)e This is a major concern for ICE, because during the 2009 DFIG QAR, and again during the 2010 ODO Follow-up Inspection, OCPC was made aware that these non-deadly force devices are not authorized for use within the NDS. ODO also determined during this QAR that no one at MTC has been trained or certified to use these devices. The ICE NDS and the ICE Performance Based National Detention Standards (PBNDS) do not authorize the use of any device or tool not issued or approved by ICE. ICE did not issue these devices and has informed OCPC that they are not approved for use in the facility. This report includes descriptions of all the deficiencies and refers to the specific, relevant NDS. The report will be provided to ERO to develop corrective actions to resolve the ten deficiencies. Office of Detention Oversight June 2011 OPR 201106001 2 Otero County Processing Center ERO El Paso ICE.2012FOIA3030002610 INSPECTION PROCESS ODO primarily focuses on areas of noncompliance with the ICE NDS or the ICE PBNDS, as applicable. In addition, focus may be applied to the inspection with information provided on detention management by the ERO Headquarters (HQ) and ERO field offices, and to issues of high priority or interest to ICE executive management. Inspection objectives are to evaluate the welfare, safety, and living conditions of detainees. ODO reviewed the processes employed at OCPC to determine compliance with current policies and detention standards. Prior to the inspection, ODO collected and analyzed relevant allegations and detainee information from multiple ICE databases, including the Joint Integrity Case Management System (JICMS) and the ENFORCE Alien Booking Module (EABM) and Alien Removal Module (EARM). ODO also gathered facility facts and inspection-related information from ERO HQ staff to prepare for the site visit at OCPC. REPORT ORGANIZATION This report contains a detailed synopsis of those NDS areas that ODO that found to be deficient in at least one aspect of the standard. Instances in which detention standards and/or policies are not being adhered to are reported as deficiencies. When possible, the report includes contextual and quantitative information relevant to the cited standard. Deficiencies are highlighted in bold throughout the report and are encoded sequentially according to a detention standard designator. ODO strives to ensure that its detention facility inspection reports convey pertinent and useful feedback to best enable expeditious corrective actions where needed, and to assist in the on-going process of incorporating best practices across the spectrum of nation-wide detention facility operations. This report documents inspection results, serves as an official record, and is intended to provide ICE and detention facility management with a comprehensive evaluation of compliance with policies and detention standards. Comments and questions regarding the report findings should be forwarded to the OPR Deputy Division Director, Office of Detention Oversight. INSPECTION TEAM MEMBERS (b)(6), (b)(7)(c) Detention and Deportation Officer (Team Lead) Special Agent Special Agent Special Agent Contract Inspector Contract Inspector Office of Detention Oversight June 2011 OPR 201106001 3 ODO, San Diego, CA ODO, San Diego, CA ODO, Phoenix, AZ ODO, Phoenix, AZ MGT of America, Inc MGT of America, Inc Otero County Processing Center ERO El Paso ICE.2012FOIA3030002611 OPERATIONAL ENVIRONMENT INTERNAL RELATIONS ODO interviewed two ICE IEAs, one SIEA, one DOS, one SDDO, and the AFOD, as well as the OCPC Warden and the Assistant Warden. OCPC personnel familiar with the ICE NDS reported no issues with meeting the level of care required by the ICE NDS. All OCPC staff interviewed stated ICE employee morale is low, and attributed this to understaffing. OCPC personnel view the relationship with ICE as open and positive. ICE ERO supervisory staff described the relationship with OCPC as excellent. ICE supervisory staff expressed concerns about an insufficient number of IEAs. ICE management reported IEAs are used to fill in for OCPC Detention Officers, which has created a shortage of IEAs. Uniformed ICE officers reported they (b)(7)e (b)(7)e Staff stated that attempts at installing a radio system were started in the past; however, a repeater, which would enable effective radio communications, was never installed. DETAINEE RELATIONS ODO interviewed 39 ICE detainees housed at OCPC. Nearly half stated they do not know the identity of their DO, while four others (11%) could not remember the name of their DO. Seven detainees (22%) stated they had not seen a DO since their arrival. ODO observed posted schedules within the housing units that included the name of each DO assigned to OCPC. ODO advised each detainee of the posted schedules and also advised the submission of a detainee request, if necessary, to ensure access to their respective DO. All detainees interviewed stated they receive outdoor recreation daily. Three detainees (8%) complained that outdoor recreation is offered too early in the morning (before daylight) and requested that it be offered in the afternoon. ODO noted the ICE Recreation NDS does not specify when recreation is to be conducted, and OCPC management must start recreation early enough to accommodate the entire population. Two detainees (5%) complained that general visitation hours are too short and should be expanded to last beyond 30 minutes per session each week. Both detainees were advised of NDS requirements, and OCPC is in compliance with the Visitation standard. Eight (22%) detainees stated they were not aware of how to obtain a grievance form. ODO advised each detainee to contact his housing unit officer and request a grievance form when needed. Office of Detention Oversight June 2011 OPR 201106001 4 Otero County Processing Center ERO El Paso ICE.2012FOIA3030002612 ICE NATIONAL DETENTION STANDARDS ODO reviewed a total of 23 National Detention Standards and found deficiencies in the following 4 areas: Detainee Grievance Procedures Staff-Detainee Communication Telephone Access Use of Force ODO found OCPC fully compliant with the following 19 standards: Access to Legal Material Admissions and Release Correspondence and Other Mail Detainee Classification System Detainee Handbook Detention Files Disciplinary Policy Environmental Health and Safety Food Service Funds and Personal Property Hold Rooms in Detention Facilities Hunger Strikes Issuance and Exchange of Clothing, Bedding, and Towels Medical Care Recreation Special Management Unit (Administrative Segregation) Special Management Unit (Disciplinary Segregation) Suicide Prevention and Intervention Tool Control As these standards were compliant at the time of the review, a synopsis for these areas was not prepared for this report. Office of Detention Oversight June 2011 OPR 201106001 5 Otero County Processing Center ERO El Paso ICE.2012FOIA3030002613 DETAINEE GRIEVANCE PROCEDURES (DGP) ODO reviewed the Detainee Grievance Procedures standard at OCPC to determine if a process to submit formal or emergency grievances exists, and responses are provided in a timely manner, without fear of reprisal. In addition, the review was conducted to determine if detainees have an opportunity to appeal responses, and if accurate records are maintained, in accordance with the ICE NDS. ODO interviewed staff and reviewed policies, procedures, detention files, and grievance logs. Despite MTC local policy requiring the results of oral grievances to be documented, the OCPC Grievance Officer reported that OCPC staff does not document oral grievances resolved to the satisfaction of the detainee (Deficiency DGP-1). Documenting oral grievances allows the facility to keep a record of all grievances from the detainee, enabling staff to recognize trends with the detainee, or with specific programs or services at the facility. STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS DEFICIENCY DGP-1 In accordance with the ICE NDS, Detainee Grievance Procedures, section (III)(A)(1), the FOD must ensure, if an oral grievance is resolved to the detainee’s satisfaction at any level of review, the staff member need not provide the detainee written confirmation of the outcome, however, the staff member will document the results for the record and place his/her report in the detainee’s detention file. Office of Detention Oversight June 2011 OPR 201106001 6 Otero County Processing Center ERO El Paso ICE.2012FOIA3030002614 STAFF-DETAINEE COMMUNICATION (SDC) ODO reviewed the Staff-Detainee Communication standard at OCPC to determine if procedures are in place to allow formal and informal contact between detainees and key ICE and facility staff, and if ICE detainees are able to submit written requests to ICE staff and receive responses in a timely manner, in accordance with the ICE NDS. ODO reviewed policies, request logs, and detention files; and interviewed staff and detainees. While in conference with the AFOD, ODO determined there is no policy or procedure in place to ensure and document that the FOD, AFOD, or designated department heads conduct regular unscheduled visits to the facility’s living and activity areas to encourage informal communication between staff and detainees, and to informally observe living and working conditions (Deficiency SDC-1). Regular unannounced visits allow ICE management to observe the general environment at the facility, and have informal conversations with facility staff and detainees. ICE visits the medical department, the law library, the special housing unit, and certain general population housing units within OCPC, but not all housing units as required by the ICE NDS and the Change Notice National Detention Standards Staff/Detainee Communication Model Protocol, dated June 15, 2007 (Deficiency SDC-2). It is important for ICE officers to visit all housing units at OCPC in order to verify that basic living conditions meet the ICE NDS, and to ensure structural fixtures such as lights, telephones, and plumbing are in good working order. ODO reviewed two electronic spreadsheets for the month of May maintained by ERO personnel to log detainee requests. On the spreadsheets, officers failed to note the date of receipt for 11 detainee requests. As a result, ODO could not verify whether ICE provided an answer to each of the 11 detainees within 72 hours (Deficiency SDC-3). The missing date of receipt information demonstrated that ICE had not adequately tracked detainee requests (Deficiency SDC-4). This information must be recorded in a single detainee request tracking logbook as prescribed in the standard. STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS DEFICIENCY SDC-1 In accordance with the ICE NDS, Staff-Detainee Communication, section (III)(A)(1), the FOD must ensure policy and procedures shall be in place to ensure and document that the ICE Officer in Charge (OIC), the Assistant Officer in Charge (AOIC) and designated department heads conduct regular unannounced (not scheduled) visits to the facility’s living and activity areas to encourage informal communication between staff and detainees and informally observing living and working conditions. These unannounced visits shall include but not be limited to: a. Housing Units; b. Food Service preferably during the lunch meal; c. Recreation Area; d. Special Management Units (Administrative and Disciplinary Segregation); and Infirmary rooms. While visiting the Special Management Unit, the detainees shall be interviewed, living conditions will be observed and detainee-housing records will be reviewed. Each facility shall develop a method to document the unannounced visits, and ICE will document visits to IGSAs. Office of Detention Oversight June 2011 OPR 201106001 7 Otero County Processing Center ERO El Paso ICE.2012FOIA3030002615 DEFICIENCY SDC-2 In accordance with the Change Notice National Detention Standards Staff/Detainee Communication Model Protocol, dated June 15, 2007, section (C)(2), the FOD must ensure assigned DRO officers shall enter all units in which detainees are housed and document observations of the general living conditions, including the general population housing units, among others. DEFICIENCY SDC-3 In accordance with the ICE NDS, Staff-Detainee Communication, section (III)(B)(1)(a), the FOD must ensure, in IGSAs with ICE on-site presence, the officer receiving the request shall normally respond in person or in writing as soon as possible and practicable, not later than within 72 hours from receiving the request. DEFICIENCY SDC-4 In accordance with the ICE NDS, Staff-Detainee Communication, section (III)(B)(2), the FOD must ensure all requests shall be recorded in a logbook specifically designed for that purpose. The log, at a minimum, shall contain: a. The date the detainee request was received; b. Detainee’s name; c. A-number; d. Nationality; e. Officer logging the request; f. The date that the request, with staff response and action, is returned to the detainee; and g. Any other sitespecific pertinent information. In IGSAs, the date the request was forwarded to ICE and the date it was returned shall also be recorded. All completed Detainee Requests will be filed in the detainee’s detention file and will remain in the detainee’s detention file for at least three years. Office of Detention Oversight June 2011 OPR 201106001 8 Otero County Processing Center ERO El Paso ICE.2012FOIA3030002616 TELEPHONE ACCESS (TA) ODO reviewed the Telephone Access standard at OCPC to determine if the facility provides detainees with reasonable and equitable access to telephones to maintain ties with family and others in the community, in accordance with the ICE NDS. ODO reviewed policies and the local detainee handbook, interviewed staff and detainees, toured and observed detainee housing units, and conducted tests of randomly-selected telephone units. The facility’s detainee handbook contains telephone access rules; however, these rules are not posted in the housing units (Deficiency TA-1). Posting the telephone access rules allows detainees to quickly and easily find instructions on how to use the telephones, and check the hours that the telephones are available. A notice advising detainees that telephone calls are subject to monitoring is posted on all telephones located in the housing units; however, a notice advising detainees of the procedure for obtaining an unmonitored telephone call to a court, legal representative, or for the purposes of obtaining legal representation is not posted on any of the telephones at OCPC (Deficiency TA-2). It is important that a notice advising detainees how to obtain unmonitored telephone calls be posted on all telephones in order to ensure detainees are afforded full privacy when a telephone call involves legal matters. STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS DEFICIENCY TA-1 In accordance with the ICE NDS, Telephone Access, section (III)(B), the FOD must ensure the facility shall provide telephone access rules in writing to each detainee upon admittance, and also shall post these rules where detainees may easily see them. DEFICIENCY TA-2 In accordance with the ICE NDS, Telephone Access, section (III)(K)(2), the FOD must ensure the facility shall have a written policy on the monitoring of detainee phone calls. If telephone calls are monitored, the facility shall notify detainees in the detainee handbook or equivalent provided upon admission. It shall also place a notice at each monitored telephone stating, among other things, the procedure for obtaining an unmonitored call to a court, legal representative, or for the purposes of obtaining legal representation. Office of Detention Oversight June 2011 OPR 201106001 9 Otero County Processing Center ERO El Paso ICE.2012FOIA3030002617 USE OF FORCE (UOF) ODO reviewed the Use of Force standard at OCPC to determine if necessary use of force is employed only after all reasonable efforts have been exhausted to gain control of a subject, while protecting and ensuring the safety of detainees, staff, and others, preventing serious property damage, and ensuring the security and orderly operation of the facility, in accordance with the ICE NDS. ODO interviewed staff and reviewed local policy, training records, and use of force documentation. In addition, ODO reviewed the use of force logbook dating back to the opening of the facility in 2008. The OCPC use of force policy addresses all elements required by the standard, including confrontation avoidance, video recording of calculated force incidents, and after-action review. Training records indicate officers are trained in the use of force team technique in both pre-employment and annual training. Use of force teams (b)(7)e (b)(7)e Team members do not, (b)(7)e however, (Deficiency UOF-1). (b)(7)e (b)(7)e The Chief of Security has been the custodian of all use of force documentation at OCPC since the facility opened in 2008. There have been a total of 53 use of force incidents, 51 immediate and 2 were calculated. Video recordings of the two calculated incidents were not available for inspection. The first incident occurred September 12, 2008, which is outside the required 30month retention period covered by this inspection. It is important to note review of this event by the Detention Facilities Inspection Group (DFIG, ODO’s predecessor) resulted in a deficiency during the QAR conducted in June 2009 for failure to videotape the calculated use of force. The second incident occurred September 14, 2009, after the June 2009 DFIG inspection, and within the required retention period for this QAR. The 30-month retention period in the standard required preservation of the videotape until March 2012; also of note is that neither incident was cataloged (Deficiency UOF-2). Failure to catalogue was cited during the last QAR conducted at OCPC. Cataloging and long-term retention of videotapes ensures they are available in the event of delayed litigation. OCPC has in its arsena (b)(7)e (b)(7)e (b)(7)e Both are non-deadly force devices not authorized by ICE for use in the facility (Deficiency UOF-3). This deficiency was cited during the 2009 QAR and was found uncorrected during the 2010 Follow-Up Inspection. ODO also determined during this QAR that no one at MTC has been trained or certified to use these devices. The ICE NDS does not authorize the use of any device or tool not issued or approved by ICE. ICE did not issue these devices and has informed OCPC that they are not approved for use in the facility. STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS DEFICIENCY UOF-1 In accordance with the ICE NDS, Use of Force, section (III)(A)(4)(a), the FOD must ensure, when a detainee must be forcibly moved and/or restrained during a calculated use of force, the Office of Detention Oversight June 2011 OPR 201106001 10 Otero County Processing Center ERO El Paso ICE.2012FOIA3030002618 use-of-force team technique shall apply. The team technique usually involves (b)(7)e r more trained staff members (b)(7)e (b)(7)e Team members enter the detainee’s area together, with coordinated responsibility for achieving immediate control of the detainee. DEFICIENCY UOF-2 In accordance with the ICE NDS, Use of Force, section (III)(A)(4)(h), the FOD must ensure the videotape shall be catalogued and preserved until no longer needed, but no less than 30 months after its last documented use. In the event of litigation, the facility will retain the tape a minimum of six months after its conclusion/resolution. DEFICIENCY UOF-3 In accordance with the ICE NDS, Use of Force, section (III)(M), the FOD must ensure the following nondeadly force devices are not authorized for use: 1. (b)(7)e (b)(7)e Office of Detention Oversight June 2011 OPR 201106001 11 Otero County Processing Center ERO El Paso ICE.2012FOIA3030002619 LIST OF ACRONYMS ACA AFOD CDF DIHS COTR CO DO DDO ERO DSCU DSM EABM EADM EARM ERO FOD FR FSA FU HQ ICE IDP IEA IGSA JICMS MGT MSDS NDS OIC ODO OPR PBNDS POA R&D RS SDDO SIR SMU TAR QAR UDC American Correctional Association Assistant Field Office Director Contract Detention Facility Division of Immigration Health Services Contracting Officer Technical Representative Correctional Officer Deportation Officer Detention and Deportation Officer Enforcement and Removal Operations Detention Standards Compliance Unit Detention Service Manager ENFORCE Alien Booking Module ENFORCE Alien Detention Module ENFORCE Alien Removal Module Enforcement and Removal Operations Field Office Director Focus Review Food Service Administrator Follow-Up Headquarters U.S. Immigration and Customs Enforcement Institutional Disciplinary Panel Immigration Enforcement Agent Intergovernmental Service Agreement Joint Integrity Case Management System MGT of America, Inc. Material Safety Data Sheets National Detention Standards Officer in Charge Office of Detention Oversight Office of Professional Responsibility Performance Based National Detention Standards Plan of Action Receiving and Discharge Residential Standards Supervisory Detention and Deportation Officer Significant Incident Report Special Management Unit Treatment Authorization Request Quality Assurance Review Unit Disciplinary Committee Office of Detention Oversight June 2011 OPR 201106001 12 Otero County Processing Center ERO El Paso ICE.2012FOIA3030002620