The recent announcement of Dr. Schriro's departure from the newly created office of DHS Office of Detention Policy and Planning should concern all stakeholders and organizations in the area of immigration detention.  DHS-ICE has expressly stated that the purpose of the office is to "plan and design a civil detention system tailored to ICE's needs."  The Smart and Tough Enforcement of Immigration Laws Backgrounder expressly elaborate's DHS-ICE's goals to include ensuring that "those individuals pending removal or adjudication of their case shall be provided a safe environment in compliance with detention standards that is respectful of civil rights and civil liberties."  The idea: DHS-ICE should deploy existing constitutional and human rights standards to ensure an effective transformation to a "truly civil" model for immigrant detention, and guide the activities of the new responsibilities and offices created as part of the reforms (ODPP, ODO and DRO).

At a minimum, should include the following (each of these suggestions is linked to a human right standard that the US has endorsed via treaty):

-Ensure that detention is done in accordance with law and is not arbitrary (see International Covenant on Civil and Political Rights, Article 9).

-Ensure that detainees are treated with respect for the inherent dignity of the human person (see International Covenant on Civil and Political rights, Article 10(1))

-End the practice of racial discrimination by ensuring that the letter of the Convention Against Racial Discimination's General Comment 30 (on Discrimination Against Non-Citizens) is followed.

-Standardize processes for the parole of asylum seekers who have passed credible fear interviews, and carefully evaluate the claims of any immigrant detainee who expresses fear of return. (Convention Against Torture and Refugee Convention).

Some concrete ways to promote these goals:

1. Facilities that should never rely on local manuals in mixed facilities (ones that house both criminal and civil immigration detainees) that do not comply or reflect the basic DHS detention center requirements.  Such guides not only confuse detainees, but they directly contradict the idea of a civil detention process because they may provide inaccurate information regarding options for bond and reinforce the idea that their civil detention is analogous or similar to the detention of criminal detainees.

2. Respecting the inherent dignity of the person encompasses many issues including: a) the need to implement procedures that will promote an awareness of the standards and the rights of detainees from the moment they arrive at any particular facility.  All facilities should have orientations that explain the nature of their detention, explain their rights while they are detained, provide a clear and detailed explanation of grievance procedures, immediately upon entry. b) provide more oversight for decisions regarding the provision of medical care and basic toiletries and necessities to immigrant detainees.  c) examine the irony and reform the work system in place in immigrant detention facilities - it is not clear that the practice of paying immigrant detainee $1/day in a country that does not recognize their right to work for any form of labor is appropriate.

3. provide uniform standards across jurisdictions regarding how decisions regarding the parole of asylum seekers are made. While currently this is an area that lies in the discretion of District Directors, the deprivation of liberty should be justified and fully explained and done so in a uniform manner across jurisdictions - especially since all District Directors are to apply 8 CFR212.5(b) and show urgent humanitarian reasons or significant public benefit to the release. All should have to explain the basis of their decision in detail.

4. Provide more oversight and clarify the roles of responsibilities of deportation officers at all stages of the deportation process.  All deportation officers should be required to update each of their clients in a predictable and regular manner and should be required to effectively communicate with detainees in a language that a detainee can understand or have access to language lines of other tools to facilitate communication.  Other detainees should not be relied upon as translators given the importance of having the detainee fully understand the implications of cooperating/not cooperating with DOs at every stage of the deportation process.  DHS should formally adopt a position on the responsibility of contractors with IGSAs to provide translators during the grievance process - especially since the DHS standards encourage that the initial stage of the grievance be informal and oral.  Further DHS should formally adopt a policy regarding Title VI and language interpreters.

5. Provide better protections for the right of family association.  No family member should have to fear visitations to a DHS facility; there are already enough barriers facing family members that wish to visit facilities and/or establish minimum contact with a relative who is detained.  At a minimum, the practice of asking general visitors to state their immigration status should be ended, and detainees should have the ability to place free calls to loved ones and to attorneys. This will also ensure that any facility loses any incentive to prolong unnecessarily the detention of any individual seeking to be reunited with their family.

6.  End the practice of locating detention centers in remote areas.  While related to the comment above on family rights, this practice also directly impacts the right and ability of immigrant detainees to seek and obtain counsel for immigration matters and to address civil liberties violations (such as indefinite/prolonged/unlawful detention).

 

This final comment is not based on human rights standards:  save costs to the American taxpayer by aggressively pursuing alternatives to detention and supervised release options.  Where the detention may cost $95/day and many alternatives to release only cost $12/day,  these suggestions are mere common sense.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Several of the recent , for example. Because a large portion of the

Why the contribution is important

This is important because the transformation of immigrant detention from a patchwork of contract facilities (many of which are mixed facilities that engage in the detention of civil immigrant detention and the detention of criminals) lies at the heart of the proposed immigrant detention reforms to reform detention to make it reflect a civil, not criminal, form of detention.  Given the current patchwork of facilities that detain immgrants in the US, and the existence of human rights treaties that directly address aspects of immigration detention, this idea seeks to serve as a means to suggest how many of the deep constitutional and human rights commitments already adhered to by the United States can serve to inform the reform of the practice of immigration detention.

 

 

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vvelez
Posted by vvelez September 17, 2009 at 04:17AM
As an paralegal in immigration, and a third generation Puerto Rican immigrants' granddaughter, I've seen many who do not have our U.S. citizenship privileges abused in the current detention system. It's inhumane to mix undocumented immigrants who have not broken criminal laws get thrown into jails and prisons, and get treated worse in detention centers than U.S. citizen prisoners. Detentions should be conducted as the ACLU recommends. The purpose of detention should only be to temporarily and humanely house people prior to deportation. The detention and deportation are punishment enough for people who have not attacked anyone or stolen anything other than an identity of a citizen only to work. Even humane detentions are costly, emotionally and financially, for the deportees. Often families are divided with no warning, jobs are lost, huge legal fees are incurred if allowed an opportunity to contract legal assistance. For children, the elderly and disabled especially, the entire process is often emotionally and physically traumatic. And absolutely, these vulnerable populations need to be kept separate from detained criminals, legal or not. There were no immigration laws, as I understand it, until the Chinese Exclusion Act or some such law. For most of our nation's historic founding period, anyone from Europe could enter, regardless of what crimes they were known to have committed in their home countries, or what nefarious plans they had for making money in ours. Of course we need to secure our borders, reject dangerous people from entering, protect our own citizens. Too many current detention policies go too far beyond these goals.
dalvarado
Posted by dalvarado October 02, 2009 at 04:21PM
Standards should also cover Border Patrol and other short term detention facilities. By the Border Patrol's own estimate they process one million people each year, and yet there are no standards for the facility conditions, requirements about access to legal and medical advice, or expectations regarding the conduct of agents. This has created an environment ripe for abuse that is a liability for the United States. As the largest law enforcement agency in the country the Border Patrol should and must hold itself to the same basic standards we expect of all law enforcement. The longer this is not the case, the more we establish a harmful precedent inconsistent with our values as a nation. Recommended Standards for Short Term Border Patrol Custody The following standards are to apply to all contact between agents and migrants during apprehension in the field; detention at processing centers; transportation; and repatriation at ports of entry. The term “agents” refers to Border Patrol agents as well as to all employees of private entities contracted by the Department of Homeland Security. Access to Water Agents will provide potable water to each migrant immediately after initial contact. To prevent contamination and spread of disease, water will be distributed in a sanitary manner. Each migrant shall receive his or her own sanitary, personal receptacle and always have unlimited access to water. Particular attention will be paid to ensure that pregnant women, children, the elderly and the ill have sufficient water. Every migrant shall be offered electrolyte replacement. Access to Food Agents will ask every migrant if they are aware of any food allergies and at a minimum provide basic electrolyte replacement upon initial contact. Each migrant will receive at least one meal regardless of the time in detention or time of arrival and subsequent meals if held for more than eight hours. Meals shall be provided at least every five hours and be nutritious. Agents shall not discard food belonging to migrants. Children and pregnant women shall be given additional access to food as desired. Mothers who are breast-feeding shall not be separated from their children. Processing Center Conditions Searches shall always be conducted by an agent of the same gender as the migrant. Migrants shall have access to basic toiletries: shampoo, deodorant, toothpaste, toothbrush and soap. Agents shall provide two clean blankets to each migrant and a safe and adequate area to sleep. Migrants shall never be denied access to toilet facilities, diapers, or sanitary products. Agents shall ensure that sanitation and temperatures in cells are maintained at acceptable and comfortable levels. The detention areas must be cleaned, repaired, and maintained to the same standard as the entire facility. All horizontal surfaces in the detention centers shall be damp-dusted daily with a germicidal solution. Waste containers shall be lined with plastic bags and the liner shall be changed daily. Holding cells shall be cleaned daily, kept at the same temperature as the rest of the processing center, and shall not exceed the maximum capacity as posted inside the facility. There must be a quarterly sanitation inspection with a written report by a local or state sanitation official. The facility must be in compliance with corrections, restrictions, or conditions stipulated by this authority. Access to Medical Treatment Agents with at least Emergency Medical Technician certification shall conduct a field assessment prior to transportation to a processing facility. Each processing center shall have a licensed medical professional on site and on duty at all times. Licensed medical professionals shall conduct a more comprehensive screening at the processing center of each migrant at no cost; migrants shall receive medical treatment for any and all injuries prior to removal, including all open wounds and blisters. Agents shall never refuse medical treatment to any migrant, including access to hospital services. Prescriptions shall not be taken away, and will always be filled when ordered by a physician to maintain. Agents shall not interfere with medical procedures and shall not verbally or physically harass migrants while they are receiving medical treatment. Agents will pay close attention to pregnant women, children, the elderly and the ill to prevent any injuries. Pregnant women shall not be handcuffed after arrival at a hospital or clinic. Women in active labor shall not be handcuffed either en route to, or while in, a hospital. Safe Transportation Transportation shall be safe and take into special consideration those with additional health care concerns, including but not limited to pregnant women, infants, and children. Migrants shall not be crowded in vehicles; the number of migrants shall not exceed the vehicle manufacturer's recommended number of passengers. Migrants will only be transported in vehicles with seatbelts provided for each passenger, and migrants shall not be shackled unless they have seatbelts. Migrants shall only be shackled when being transported from one point to another, not in processing facilities. Transportation shall always be at a safe speed that takes into account road and weather conditions. Vehicles used for transporting migrants will be properly equipped, maintained, and operated. Humane Repatriation & Deportation Practices Children shall never be separated from their family. A mother shall never be separated from her children, especially when she is breast feeding. Agents will ensure that family members are kept together during processing and removal. Unaccompanied minors shall be handed over to the care of their Consulate. DHS shall provide a daily report to all appropriate consulates that contains a complete list of all repatriated and deported individuals, as well as the time and port of entry of removal. Removals shall never be conducted in the nighttime or at unsafe hours. Identification documents, property and/or money of each migrant shall be securely labeled, stored, and returned upon removal. Medications shall always be returned to migrants. There will be no destruction of migrants' property, including clothing. Each migrant shall be fully clothed in weather appropriate clothing when removed. No migrant shall be held or returned with wet clothes and agents shall provide appropriate attire and/or shoes when necessary. Legal Proceedings Upon admission, migrants shall be informed verbally and in writing of their rights in a language they understand, including the right to petition for asylum, to see a judge or attorney, and their right to consular notification. Migrants shall be given the opportunity to make a phone call to legal counsel, their Consulate, and/or a family member. When migrants are asked to sign any paperwork, the paperwork shall be in their native language. No legal document shall be signed without consulting an attorney. Agents shall explain all paperwork content if requested to do so, and shall not threaten or coerce migrants into signing paperwork. Human Rights Agents shall provide an environment free from harassment, humiliation, physical, sexual, verbal and emotional abuse. At no time will agents participate in torture or any form of abusive, cruel, inhumane or degrading treatment or punishment. All grievances shall be promptly and thoroughly investigated. Independent Oversight A Community Oversight Committee shall be established to ensure compliance with codified standards. The committee shall be staffed with medical and legal professionals and individuals who work in the area of human and migrant rights. Members shall have access to processing centers and Border Patrol/DHS facilities.
dalvarado
Posted by dalvarado October 02, 2009 at 04:23PM
Standards should also cover Border Patrol and other short term detention facilities. By the Border Patrol's own estimate they process one million people each year, and yet there are no standards for the facility conditions, requirements about access to legal and medical advice, or expectations regarding the conduct of agents. This has created an environment ripe for abuse that is a liability for the United States. As the largest law enforcement agency in the country the Border Patrol should and must hold itself to the same basic standards we expect of all law enforcement. The longer this is not the case, the more we establish a harmful precedent inconsistent with our values as a nation. Recommended Standards for Short Term Border Patrol Custody The following standards are to apply to all contact between agents and migrants during apprehension in the field; detention at processing centers; transportation; and repatriation at ports of entry. The term “agents” refers to Border Patrol agents as well as to all employees of private entities contracted by the Department of Homeland Security. Access to Water Agents will provide potable water to each migrant immediately after initial contact. To prevent contamination and spread of disease, water will be distributed in a sanitary manner. Each migrant shall receive his or her own sanitary, personal receptacle and always have unlimited access to water. Particular attention will be paid to ensure that pregnant women, children, the elderly and the ill have sufficient water. Every migrant shall be offered electrolyte replacement. Access to Food Agents will ask every migrant if they are aware of any food allergies and at a minimum provide basic electrolyte replacement upon initial contact. Each migrant will receive at least one meal regardless of the time in detention or time of arrival and subsequent meals if held for more than eight hours. Meals shall be provided at least every five hours and be nutritious. Agents shall not discard food belonging to migrants. Children and pregnant women shall be given additional access to food as desired. Mothers who are breast-feeding shall not be separated from their children. Processing Center Conditions Searches shall always be conducted by an agent of the same gender as the migrant. Migrants shall have access to basic toiletries: shampoo, deodorant, toothpaste, toothbrush and soap. Agents shall provide two clean blankets to each migrant and a safe and adequate area to sleep. Migrants shall never be denied access to toilet facilities, diapers, or sanitary products. Agents shall ensure that sanitation and temperatures in cells are maintained at acceptable and comfortable levels. The detention areas must be cleaned, repaired, and maintained to the same standard as the entire facility. All horizontal surfaces in the detention centers shall be damp-dusted daily with a germicidal solution. Waste containers shall be lined with plastic bags and the liner shall be changed daily. Holding cells shall be cleaned daily, kept at the same temperature as the rest of the processing center, and shall not exceed the maximum capacity as posted inside the facility. There must be a quarterly sanitation inspection with a written report by a local or state sanitation official. The facility must be in compliance with corrections, restrictions, or conditions stipulated by this authority. Access to Medical Treatment Agents with at least Emergency Medical Technician certification shall conduct a field assessment prior to transportation to a processing facility. Each processing center shall have a licensed medical professional on site and on duty at all times. Licensed medical professionals shall conduct a more comprehensive screening at the processing center of each migrant at no cost; migrants shall receive medical treatment for any and all injuries prior to removal, including all open wounds and blisters. Agents shall never refuse medical treatment to any migrant, including access to hospital services. Prescriptions shall not be taken away, and will always be filled when ordered by a physician to maintain. Agents shall not interfere with medical procedures and shall not verbally or physically harass migrants while they are receiving medical treatment. Agents will pay close attention to pregnant women, children, the elderly and the ill to prevent any injuries. Pregnant women shall not be handcuffed after arrival at a hospital or clinic. Women in active labor shall not be handcuffed either en route to, or while in, a hospital. Safe Transportation Transportation shall be safe and take into special consideration those with additional health care concerns, including but not limited to pregnant women, infants, and children. Migrants shall not be crowded in vehicles; the number of migrants shall not exceed the vehicle manufacturer's recommended number of passengers. Migrants will only be transported in vehicles with seatbelts provided for each passenger, and migrants shall not be shackled unless they have seatbelts. Migrants shall only be shackled when being transported from one point to another, not in processing facilities. Transportation shall always be at a safe speed that takes into account road and weather conditions. Vehicles used for transporting migrants will be properly equipped, maintained, and operated. Humane Repatriation & Deportation Practices Children shall never be separated from their family. A mother shall never be separated from her children, especially when she is breast feeding. Agents will ensure that family members are kept together during processing and removal. Unaccompanied minors shall be handed over to the care of their Consulate. DHS shall provide a daily report to all appropriate consulates that contains a complete list of all repatriated and deported individuals, as well as the time and port of entry of removal. Removals shall never be conducted in the nighttime or at unsafe hours. Identification documents, property and/or money of each migrant shall be securely labeled, stored, and returned upon removal. Medications shall always be returned to migrants. There will be no destruction of migrants' property, including clothing. Each migrant shall be fully clothed in weather appropriate clothing when removed. No migrant shall be held or returned with wet clothes and agents shall provide appropriate attire and/or shoes when necessary. Legal Proceedings Upon admission, migrants shall be informed verbally and in writing of their rights in a language they understand, including the right to petition for asylum, to see a judge or attorney, and their right to consular notification. Migrants shall be given the opportunity to make a phone call to legal counsel, their Consulate, and/or a family member. When migrants are asked to sign any paperwork, the paperwork shall be in their native language. No legal document shall be signed without consulting an attorney. Agents shall explain all paperwork content if requested to do so, and shall not threaten or coerce migrants into signing paperwork. Human Rights Agents shall provide an environment free from harassment, humiliation, physical, sexual, verbal and emotional abuse. At no time will agents participate in torture or any form of abusive, cruel, inhumane or degrading treatment or punishment. All grievances shall be promptly and thoroughly investigated. Independent Oversight A Community Oversight Committee shall be established to ensure compliance with codified standards. The committee shall be staffed with medical and legal professionals and individuals who work in the area of human and migrant rights. Members shall have access to processing centers and Border Patrol/DHS facilities.
dalvarado
Posted by dalvarado October 02, 2009 at 04:31PM
Standards should also cover Border Patrol and other short term detention facilities. By the Border Patrol's own estimate they process one million people each year, and yet there are no standards for the facility conditions, requirements about access to legal and medical advice, or expectations regarding the conduct of agents. This has created an environment ripe for abuse that is a liability for the United States. As the largest law enforcement agency in the country the Border Patrol should and must hold itself to the same basic standards we expect of all law enforcement. The longer this is not the case, the more we establish a harmful precedent inconsistent with our values as a nation. Recommended Standards for Short Term Border Patrol Custody The following standards are to apply to all contact between agents and migrants during apprehension in the field; detention at processing centers; transportation; and repatriation at ports of entry. The term “agents” refers to Border Patrol agents as well as to all employees of private entities contracted by the Department of Homeland Security. Access to Water Agents will provide potable water to each migrant immediately after initial contact. To prevent contamination and spread of disease, water will be distributed in a sanitary manner. Each migrant shall receive his or her own sanitary, personal receptacle and always have unlimited access to water. Particular attention will be paid to ensure that pregnant women, children, the elderly and the ill have sufficient water. Every migrant shall be offered electrolyte replacement. Access to Food Agents will ask every migrant if they are aware of any food allergies and at a minimum provide basic electrolyte replacement upon initial contact. Each migrant will receive at least one meal regardless of the time in detention or time of arrival and subsequent meals if held for more than eight hours. Meals shall be provided at least every five hours and be nutritious. Agents shall not discard food belonging to migrants. Children and pregnant women shall be given additional access to food as desired. Mothers who are breast-feeding shall not be separated from their children. Processing Center Conditions Searches shall always be conducted by an agent of the same gender as the migrant. Migrants shall have access to basic toiletries: shampoo, deodorant, toothpaste, toothbrush and soap. Agents shall provide two clean blankets to each migrant and a safe and adequate area to sleep. Migrants shall never be denied access to toilet facilities, diapers, or sanitary products. Agents shall ensure that sanitation and temperatures in cells are maintained at acceptable and comfortable levels. The detention areas must be cleaned, repaired, and maintained to the same standard as the entire facility. All horizontal surfaces in the detention centers shall be damp-dusted daily with a germicidal solution. Waste containers shall be lined with plastic bags and the liner shall be changed daily. Holding cells shall be cleaned daily, kept at the same temperature as the rest of the processing center, and shall not exceed the maximum capacity as posted inside the facility. There must be a quarterly sanitation inspection with a written report by a local or state sanitation official. The facility must be in compliance with corrections, restrictions, or conditions stipulated by this authority. Access to Medical Treatment Agents with at least Emergency Medical Technician certification shall conduct a field assessment prior to transportation to a processing facility. Each processing center shall have a licensed medical professional on site and on duty at all times. Licensed medical professionals shall conduct a more comprehensive screening at the processing center of each migrant at no cost; migrants shall receive medical treatment for any and all injuries prior to removal, including all open wounds and blisters. Agents shall never refuse medical treatment to any migrant, including access to hospital services. Prescriptions shall not be taken away, and will always be filled when ordered by a physician to maintain. Agents shall not interfere with medical procedures and shall not verbally or physically harass migrants while they are receiving medical treatment. Agents will pay close attention to pregnant women, children, the elderly and the ill to prevent any injuries. Pregnant women shall not be handcuffed after arrival at a hospital or clinic. Women in active labor shall not be handcuffed either en route to, or while in, a hospital. Safe Transportation Transportation shall be safe and take into special consideration those with additional health care concerns, including but not limited to pregnant women, infants, and children. Migrants shall not be crowded in vehicles; the number of migrants shall not exceed the vehicle manufacturer's recommended number of passengers. Migrants will only be transported in vehicles with seatbelts provided for each passenger, and migrants shall not be shackled unless they have seatbelts. Migrants shall only be shackled when being transported from one point to another, not in processing facilities. Transportation shall always be at a safe speed that takes into account road and weather conditions. Vehicles used for transporting migrants will be properly equipped, maintained, and operated. Humane Repatriation & Deportation Practices Children shall never be separated from their family. A mother shall never be separated from her children, especially when she is breast feeding. Agents will ensure that family members are kept together during processing and removal. Unaccompanied minors shall be handed over to the care of their Consulate. DHS shall provide a daily report to all appropriate consulates that contains a complete list of all repatriated and deported individuals, as well as the time and port of entry of removal. Removals shall never be conducted in the nighttime or at unsafe hours. Identification documents, property and/or money of each migrant shall be securely labeled, stored, and returned upon removal. Medications shall always be returned to migrants. There will be no destruction of migrants' property, including clothing. Each migrant shall be fully clothed in weather appropriate clothing when removed. No migrant shall be held or returned with wet clothes and agents shall provide appropriate attire and/or shoes when necessary. Legal Proceedings Upon admission, migrants shall be informed verbally and in writing of their rights in a language they understand, including the right to petition for asylum, to see a judge or attorney, and their right to consular notification. Migrants shall be given the opportunity to make a phone call to legal counsel, their Consulate, and/or a family member. When migrants are asked to sign any paperwork, the paperwork shall be in their native language. No legal document shall be signed without consulting an attorney. Agents shall explain all paperwork content if requested to do so, and shall not threaten or coerce migrants into signing paperwork. Human Rights Agents shall provide an environment free from harassment, humiliation, physical, sexual, verbal and emotional abuse. At no time will agents participate in torture or any form of abusive, cruel, inhumane or degrading treatment or punishment. All grievances shall be promptly and thoroughly investigated. Independent Oversight A Community Oversight Committee shall be established to ensure compliance with codified standards. The committee shall be staffed with medical and legal professionals and individuals who work in the area of human and migrant rights. Members shall have access to processing centers and Border Patrol/DHS facilities.
dalvarado
Posted by dalvarado October 02, 2009 at 04:31PM
Standards should also cover Border Patrol and other short term detention facilities. By the Border Patrol's own estimate they process one million people each year, and yet there are no standards for the facility conditions, requirements about access to legal and medical advice, or expectations regarding the conduct of agents. This has created an environment ripe for abuse that is a liability for the United States. As the largest law enforcement agency in the country the Border Patrol should and must hold itself to the same basic standards we expect of all law enforcement. The longer this is not the case, the more we establish a harmful precedent inconsistent with our values as a nation. Recommended Standards for Short Term Border Patrol Custody The following standards are to apply to all contact between agents and migrants during apprehension in the field; detention at processing centers; transportation; and repatriation at ports of entry. The term “agents” refers to Border Patrol agents as well as to all employees of private entities contracted by the Department of Homeland Security. Access to Water Agents will provide potable water to each migrant immediately after initial contact. To prevent contamination and spread of disease, water will be distributed in a sanitary manner. Each migrant shall receive his or her own sanitary, personal receptacle and always have unlimited access to water. Particular attention will be paid to ensure that pregnant women, children, the elderly and the ill have sufficient water. Every migrant shall be offered electrolyte replacement. Access to Food Agents will ask every migrant if they are aware of any food allergies and at a minimum provide basic electrolyte replacement upon initial contact. Each migrant will receive at least one meal regardless of the time in detention or time of arrival and subsequent meals if held for more than eight hours. Meals shall be provided at least every five hours and be nutritious. Agents shall not discard food belonging to migrants. Children and pregnant women shall be given additional access to food as desired. Mothers who are breast-feeding shall not be separated from their children. Processing Center Conditions Searches shall always be conducted by an agent of the same gender as the migrant. Migrants shall have access to basic toiletries: shampoo, deodorant, toothpaste, toothbrush and soap. Agents shall provide two clean blankets to each migrant and a safe and adequate area to sleep. Migrants shall never be denied access to toilet facilities, diapers, or sanitary products. Agents shall ensure that sanitation and temperatures in cells are maintained at acceptable and comfortable levels. The detention areas must be cleaned, repaired, and maintained to the same standard as the entire facility. All horizontal surfaces in the detention centers shall be damp-dusted daily with a germicidal solution. Waste containers shall be lined with plastic bags and the liner shall be changed daily. Holding cells shall be cleaned daily, kept at the same temperature as the rest of the processing center, and shall not exceed the maximum capacity as posted inside the facility. There must be a quarterly sanitation inspection with a written report by a local or state sanitation official. The facility must be in compliance with corrections, restrictions, or conditions stipulated by this authority. Access to Medical Treatment Agents with at least Emergency Medical Technician certification shall conduct a field assessment prior to transportation to a processing facility. Each processing center shall have a licensed medical professional on site and on duty at all times. Licensed medical professionals shall conduct a more comprehensive screening at the processing center of each migrant at no cost; migrants shall receive medical treatment for any and all injuries prior to removal, including all open wounds and blisters. Agents shall never refuse medical treatment to any migrant, including access to hospital services. Prescriptions shall not be taken away, and will always be filled when ordered by a physician to maintain. Agents shall not interfere with medical procedures and shall not verbally or physically harass migrants while they are receiving medical treatment. Agents will pay close attention to pregnant women, children, the elderly and the ill to prevent any injuries. Pregnant women shall not be handcuffed after arrival at a hospital or clinic. Women in active labor shall not be handcuffed either en route to, or while in, a hospital. Safe Transportation Transportation shall be safe and take into special consideration those with additional health care concerns, including but not limited to pregnant women, infants, and children. Migrants shall not be crowded in vehicles; the number of migrants shall not exceed the vehicle manufacturer's recommended number of passengers. Migrants will only be transported in vehicles with seatbelts provided for each passenger, and migrants shall not be shackled unless they have seatbelts. Migrants shall only be shackled when being transported from one point to another, not in processing facilities. Transportation shall always be at a safe speed that takes into account road and weather conditions. Vehicles used for transporting migrants will be properly equipped, maintained, and operated. Humane Repatriation & Deportation Practices Children shall never be separated from their family. A mother shall never be separated from her children, especially when she is breast feeding. Agents will ensure that family members are kept together during processing and removal. Unaccompanied minors shall be handed over to the care of their Consulate. DHS shall provide a daily report to all appropriate consulates that contains a complete list of all repatriated and deported individuals, as well as the time and port of entry of removal. Removals shall never be conducted in the nighttime or at unsafe hours. Identification documents, property and/or money of each migrant shall be securely labeled, stored, and returned upon removal. Medications shall always be returned to migrants. There will be no destruction of migrants' property, including clothing. Each migrant shall be fully clothed in weather appropriate clothing when removed. No migrant shall be held or returned with wet clothes and agents shall provide appropriate attire and/or shoes when necessary. Legal Proceedings Upon admission, migrants shall be informed verbally and in writing of their rights in a language they understand, including the right to petition for asylum, to see a judge or attorney, and their right to consular notification. Migrants shall be given the opportunity to make a phone call to legal counsel, their Consulate, and/or a family member. When migrants are asked to sign any paperwork, the paperwork shall be in their native language. No legal document shall be signed without consulting an attorney. Agents shall explain all paperwork content if requested to do so, and shall not threaten or coerce migrants into signing paperwork. Human Rights Agents shall provide an environment free from harassment, humiliation, physical, sexual, verbal and emotional abuse. At no time will agents participate in torture or any form of abusive, cruel, inhumane or degrading treatment or punishment. All grievances shall be promptly and thoroughly investigated. Independent Oversight A Community Oversight Committee shall be established to ensure compliance with codified standards. The committee shall be staffed with medical and legal professionals and individuals who work in the area of human and migrant rights. Members shall have access to processing centers and Border Patrol/DHS facilities.
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