of the in?rm ?rmer: Washington. HG 31151-5 July 20, 2018 Acting Director Ronald D. Vitiello US. Immigration and Customs Enforcement Department of Homeland Security 500 12th Street, SW Washington, DC. 20536 Dear Acting Director Vitiello: We write to express our deep concerns regarding the apparent misinterpretation of lrrunigration and Customs Enforcement (ICE) telephone access policies for mothers and fathers who are detained following their separation from their children at the border. Recent reports indicate that these parents are being forced to pay exorbitant fees out?of?pocket if they wish to contact their children in this moment of crisis.I We believe that this policy is not only morally reprehensible, but also contrary to the plain language of relevant provisions contained within Performance?Based National Detention Standards of 2008 and 201 1. Every day, it seems there is new reporting regarding the troubling lack of process for reunification and serious barriers for parents and children to ?nd one another. Given the urgency of this crisis, it is even more critical that our government remove obstacles?such as inexplicably high phone rates? for parents and children to communicate. We write to urge you to implement immediate, nationwide changes that will permit individuals who have been separated from their children to make phone calls regularly and at no expense to them. The Administration has con?rmed that more than 2,400 children have been forcibly separated from their families since the implementation of the President?s zero tolerance policy.2 Media reports indicate that these children are now detained in facilities throughout the U.S., and, in some cases, thousands of miles from the Southern border. Many of the thousands of mothers and fathers affected by this policy are currently being detained in ICE facilities across the country, hundreds or thousands of miles away from their children. Reports and ?rst-hand accounts have indicated that many of these detained parents have been forced to endure weeks without any information as to the location of their children.3 Once their children are ?nally located, moreover, reports indicate that their parents are forced to pay as much as $3 per minute to speak with them by telephone, and that their access to this service can be limited to as little as one call per week.4 Charging these detained parents to speak with their children is callous, shameless, and completely unjusti?ed given the minimal cost borne by detention facilities in providing this service. Moreover, we ?rmly believe that this policy contradicts the relevant provisions of detention standards. ?Detained migrant parents have to pay to caii iheirfamiiy members. Some can a?ord to. The Texas Tribune, July 3, 2018 2 "The Government was Hoiding 100 More Separated Chiidren Than the Public Knew About. Buzzfeed, June 25, 2018 3 ?The chaotic e?ort to reunite immigrant parents with their separated kids. The Washington Post, June 21, 2018 4 "Millions Raised For immigrants Will Be Used To Provide Legalr Support. NPR, June 21, 2018. Section of of 2008 and 2011 explicitly states that each immigration detention facility shall permit detainees to make direct or free calls to ?immediate family or others for detainees in personal or family emergencies or who otherwise demonstrate compelling need (to be interpreted liberally).? Further, Section 5.6 maintains that ?detainees shall have reasonable and equitable access to reasonably priced telephone services.?5 The parents affected by the President?s zero tolerance policy have been attempting to reach their immediate family members?their children?and they are clearly in a state of family emergency due to their forcible, prolonged separation and lack of communication. Therefore, charging these individuals to make these calls is clearly against agency standards, and we urge you to issue guidance to all ICE ?eld of?ces updating this practice. The current practice of charging detainees to make these calls is creating pro?t for private corporations while also serving as a barrier to communication within an exceptionally vulnerable population. This practice is unacceptable, and it must end immediately. This is not the ?rst time that policies relating to phone access have come under scrutiny. The settlement reached in Lyon vs. ICE, et. at, provided detainees in ICE custody in Northern California with better access to conduct free, con?dential calls to government of?ces and legal representation a?er the district court found evidence that systemic telephone restrictions impacted detainee access to counsel and evidence and established a real risk of prejudice to the fairness of detainees? immigration proceedings? This was an important and overdue step, but current federal immigration enforcement actions and the crisis they have created necessitate further scrutiny to reduce the level of hardship that we are forcing upon this population. These parents must be permitted to speak with their children at no cost, and they should not be forced to spend the minimal resources they have to simply ?nd out where their children are located. No one?not private detention facilities, nor the federal govemment?should be in any way enriched by detained parents trying to speak with their children. We urge you to immediately allow detained parents the ability to talk to their children for free, and we look forward to your timely consideration and response. Sincerely, Patty ay United States Senator 'Luis v. Guti?rt?z Member of Congress 5 Immigration and Customs Enforcement. Performance-Based Notional Detention Standards of 201? 1 Section 5.6. Revised December 2016. 5 "Lyon vs. ICE, er. of. American Civil Liberties Union, January 5, 2016. Dianne Feinstein United States Senator Patrick Leahy United States Senator aek Reed nited States Senator 5' 1 Thomas R. Carper United States Senator Maria Cantwell United States Senator Bernard'Sanders United States Senator Uh?l. MSM Robert P. Casey, Jr. United States Senator Dian Dad/w. Richard . Durbin United States Senator ng Ron Wyden United States Senator Bill Nelson United States Senator United States Senator Robert Menendez United States Senator United States Senator 9: buehar tates Senator @1066? don Whitehouse Tom Udall United States Senator United States Senator WW Jar . iM Jeanne Shaheen United States Senator United States Senator i Michael F. Bennet Kirsten Gillibrand Un' States Senator United States Senator Christopher A. Coons Richard Blumenthal United States Senator United States Senator Brian Sehatz Tammy Baldwin United States Senator United States Senator Mazt? K. Hirono Martin Heinrich United States Senator United States Senator Elizab Warren Edward J. Markey 0 a United States Senator Cory A. Booker United States Senator Tarn uekworth Margaret Wood Hassan Unit States Senator United States Senator M151 D. Harris Catherine ortez asto United States Senator United States Senator 1% Tina Smith United States Senator Vicente Gonzalez Member of Congress Debbie Dingell Member of Congress Salud O. Carbajal Member of Congress [a [34% a Elizabbl? H. Esty Member of Co 35 em er fCongress mm? Mille Doyle Member of Congr/ess Wm Mark DeSaulnier Member of Congress 333W Alan Lowenthal Member of Congress Donald Payne Member of Congress Michelle Lujan Grfs?am Member of Congress l? WW Dan Kildee Member of Congress ?more: Ted W. Lieu Member of Congress ?mf?g?al/ba? Alma G. Eshob Member of Congress A - Myrna-tin A. Donald MeEachin Member of Congress a. 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Eicmine ember of Congress Eleanor Holmes Norton Member of Congress EM 5. Elijah E. Cummings Member of Congress . ee Member of Congress WW Karen Bass Member of Congress Gwen Moore Member of Congress 11 35% Betty MeCollurn Keith Ellison Member of Congress Member of Congress Adam Smith Barbara Lee Member of Congres3?g/ Member of Congress /dia M. Velazque?/ Peter Weleh ember of Congr Member of Congress KM 4M7. 34% Carob/{r Maloney Linda Sanchez Member of Congress Member of Congress L/Membe of Congress Hastings Member of Congress 65 E. Serrano ember of Congress Adam B. Sehiff i Steve Cohen Member of Congress Member of Congress 12 1611M Sanfo Bishop,?_ Jr. .WMember of- Congress Member- of (long ess Wm?m/m _Mik6 Quig?ley Member of Congress Di'naTifus Member o'f'Congress. Bennie G. ThomPSon . I MenibEr (if congress K1111: Sol1rad61'.? Member of Congress ./\656 (Si QM R056 L. DeLauro Member of Congress I111 Lacy Clay .. Member of Congress ?d ?126%? 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