Gallagher, Ellen

From: Gallagher, Ellen

Sent: Tuesday, May 06, 2014 8:32 AM
To: Shuchart, Scott

Subject: RE: MM has 51 meeting tomorrow
Scott,

I have a couple of additional thoughts and questions i would like to share.

First, can you tell me within CRCL what process should be followed to elevate my concerns regarding the use of solitary
confinement by and its contractors, particularly as it may impact individuals with disabilities? Responsive
information would help me understand why including this among topics for Megan to consider with 51 seems
inappropriate at this time. Given the seriousness of the issue, the human rights implications, and the potential for
adverse litigation, it is important for $1 to have awareness and the opportunity to evaluate the agency?s actions. if it
would help, i am very willing to put together a briefing book, obviously with input and direction from Compliance.

Ellen

From: Shud1art, Scott

Sent: Monday, May 05, 2014 12:57 PM

To: Gallagher, Ellen

Subject: RE: MM has 51 meeting tomorrow

Let?s make a time to discuss, both this issue, and how this office would work this issue. Raising it directly to 51 is
profoundly not how it would work as a first step, if that?s a change the Officer wanted to effectuate. But we can talk
about what and where we could try to move things.

From: Gallagher, Ellen

Sent: Monday, May 05, 2014 12:33 PM

To: Shuchart, 50011

Subject: RE: MM has 51 meeting tomomow

My concern is multi-taceted and perhaps lends itself to verbal discussion over email to address your question.
However, in conversation last month with-i was stunned to learn she did not know we use solitary
confinement in detention.

Whether termed administrative or disciplinary, doesn?t solitary assignment/confinement involve use of the same
isolation cells?

From the segregation reports reviewed, some individuals in immigration custody are being ?sentenced? to solitary in
the disciplinary context for up to 30 days at a time and repetitively - which I believe research suggests is de facto
detrimental in terms of mental health.

To place detainees with severe mental disabilities schizophrenia or bipolar disorder) in segregation for the length
of time indicated in reports seems extremely concerning, to me at least, and i would want to make sure the new
Secretary is aware of the reports, and the data within them. Having read the ICE directive, i also think that document
would benefit from further review. The question is not whether someone can or should be in segregation "solely on the
basis of disability,? but whether an immigration d?e?tainee should be in segregation at all, if so, for what reason(s) and
length of time, and how the fact that a detainee suffers from a mental, physical, or emotional disability (or all three)
should factor into any decision to assign that person to a segregated setting, regardless of whether it is termed
?administrative" or ?disciplinary.?

From: Shuchart, Scott

Sent: Monday, May 05, 2014 12:04 PM

To: Gallagher, Ellen

Subject: RE: MM has 51 meeting tomorrow

Ellen,

This was a major policy issue last year, pushed by Sec. Napolitano. There is a new ICE directive, and it is getting as much
attention as anything in ICE detention ever has in the years I?ve been here. has more oversight of special housing
than any other detention authority in the country, we think, and it seems that use of restrictive housing is much lower
for detainees than in other detained populations. i am not clear on what you are asking us to do for $1 to declare
no use of administrative segregation for any purpose? The policy is already that nobody can be in seg solely on the basis
of disability (including mental health or disability). Is the concern that the policy isn't followed?

Scott

From: Gallagher, Ellen
Sent: Monday, May 05, 2014 11:56 AM

To: Shuchart, Scott; - -

Subject: RE: MM has mee ing tomorrow

I vote for raising strong concern regarding the use of solitary confinement in immigration facilities, especially as it
impacts individuals with disabilities (their monitoring, care and treatment).

From: Shuchart, Scott
Sent: Monday, May 05, 2014 11:51 AM

To: - Gallagher, Ellen
Subject: has meeting omorrow

Anything we want her to raise? Only a 30 minute meeting so we only get a couple of items, i think.

Scott L. Shuchart 4* 1

Ollicc for Cryil Rights Civil Liberties
Department of lomcland Security