~LL ' I Cl. ::" JtC ~[ .111s Held in Solitary Cells. Often for Weeks , March 23 2013 , available at: ~~d)i wiiw . fil'_t 1rnes.com/20 l 3103/"4/us/ imrn iu.rants-he ld-i n-sol itarv-ce Ils-often-for- weeks. ht mI 4 Reassessing ~olitary Confin.e1~cnt ll : The H~man Rights, fiscal, and Public Safety Consequences, Hearing of the Senate ~o~mlltcc on the Jud1e1ary'. SubcommJtt~e on the Constitution, Civil Rights and lluman Rights, I 13th Congress 14)_(statement of Kevin Landy, Assistant Director, U.S. Immigration and Customs Enforcement Office of ~etent1m~ :~he~ and. Plan.nmg), h tp· /,'www .dh .uov/news '2014 /02/25/statement-record -ici;>-. emiti;>-j ud icia.ryfil! bc'.rn1m1llt::e-rn11!\tllullon-c 1vll-n ghts-and ; ICE Directive l I065 .1, Review of the Use of s r · ~ ICE Dctamees, September 20 13 . cg cgat1on or 0 .<-O 7 Id. ;i:eb~~~.1 ~\~~f~e ~0;4~'. v~I R~ght; 0a5nd Civil Liberties, ~ission, h tp;/iwww.dlJ.i.gov/gfti_ce-"ivil-rights-and-civi l- __,_ , ·• · , . .i • cct1 on . Homeland Security Act of2 002 (as amended ). Secretary Joh nson June 29, 2015 Page 3 of 4 number of detainees with mental health conditions placed in segregation, neither component has allegedly taken sufficient steps to investigate the situation. Documents obtained by the Committee appear to demonstrate that ICE personnel have routinely departed from the Directive ' s reporting requirements, such as notifying the relevant FOD within 72 hours of a detainee with mental illness being placed into segregated housing. This requirement was established because of its potential to trigger a series of internal notifications allowing for the expedited review of mentally ill detainees placed in segregation. IHSC is to review the treatment plan of detainee with mental illness, monitor their care, and review the placement determination every 14 days . Nonetheless, this information shows that facility staff frequentl y deviated from these guidelines. These reports also appear to suggest that staff failed to recogni ze significant mental health problems and proceeded to clear detainees for segregation. According to a whistleblower, detainees with recognized mental health conditio s were placed into segregated housing-sometimes for months on end and in questionable conditions-without determination of the placement' s impact on their medical or mental heal th. Detainees with diagnoses of mental illness were placed into segregated housing which at times caused detainees' mental health conditions to regress and violating the directive ' s requirement that IHSC and facility staff accommodate the needs of detainees with disabilities . Segregation Reports typically describe up to 200 detainees being placed into disciplinary or administrative segregation for reasons that range from "suicide risk" to "mental illness" to "protective custody: criminal offense," to "pending investigation of disciplinary violation" ''disciplinary" or ·'medical: other." Given reporting restrictions, it is difficult to know exactly how many detainees in immigration custody are placed in segregation on any given day, the purpose for the segregation, and the length of time of confinement. To enable the Committee to obtain a more thorough understanding of how DHS is responding to the allegations of abuse in placing mentally ill detainees into segregation, please provide numbered written responses corresponding to each question no later than July 13 , 20 15. In answering inquiries please provide all relevant documentation . I . What is DHS ' s current policy on placing mentally ill detainees into segregation? 2. What is the average amount of time menta lly ill detainees are placed in segregatio 9 3. Are there policies in place to ensure mentally ill detainees are properly evaluated by IHSC staff before placement? Please provide copies of the policies to the Committee. 4. If there arc no policies in place, how does OHS determine adherence to the Directive that all detainees should be evaluated and placed in segregation as a last resort? 5. How does DHS ensure mentally ill detainees in non-IHSC facilities receive proper evaluation by mental health staff before placement into segregation? 6. Who is tasked with evaluating detainees for mental illness in non-lHSC facilities? 7. How does D1 IS determine if appropriate alternatives are exhausted prior to placement of mentally ill detainees in segregation? Secretary Johnson June 29, 2 015 Page 4 of 4 8. How does OHS determine that a detainee ' s mental illness isn' t being exacerbated in segregation? Segregation Reports 9. What, if anything, docs ICE do with the infonnation contained in the Segregation Reports? Please provide all policies or procedures used by IC E in reviewing these segregation reports . I 0. If the reports contain documented abuses with respect to placing mentally ill detainees in segregation, what steps does IC E take to investigate and address the abuse? 11. Given that CRCL is tasked by law with investigating and resolving civil rights and civil liberties complaints, why is it prohibited from investigating possible abuses documented in the Segregation Reports? 12. What policies does OHS have in place to ensure possible abuses are properly inve tigated and addressed? 13. Arc FOOs being frequently notified of detainees placed in segregation? If so, how? And how do they conduct reviews on whether the placement continues to be appropriate? Is this done in all mental health cases? \Vhat does ICE HQ do with these fOO evaluations'? DHS OIG March 2011 Report 14. Have you implemented the recommendations you agreed with in the OHS OIG March 2011 report? If so, please provide documentation of any policies and procedures demonstrating implementation and compliance. If not, why not? Thank you fo r your prompt attention to this important matter. If you have questions, please do not hesitate to contact Katherine Nikas of Chairman Grassley' s staff at (202) 224- 5225 and Nick Wunder of Senator Franken ' s staff at (202) 224-5641 . Sincerely, Charles E. Grasslcy Chairman Committee on the Judiciary Al Franken Member Committee on the Judiciary