May 9, 2008

First semiannual report on compliance with ICE national detention standards released
Report tracks inspections, improvements at 176 detention facilities

WASHINGTON, D.C. - U.S. Immigration and Customs Enforcement (ICE) today released its first Semiannual Report on Compliance with ICE National Detention Standards January - June 2007, which tracks detention facilities' compliance with national detention standards. The ICE Detention Facility Inspection Program is fulfilling ICE's mission to provide safe, secure and compliant detention facilities for all those in ICE custody.

Assistant Secretary of Homeland Security for ICE, Julie L. Myers, directed that the Office of Detention and Removal Operations (DRO) report semi-annually on agency-wide adherence with the ICE National Detention Standards (NDS). ICE, with the assistance of law enforcement professionals and non-governmental organizations, developed 38 National Detention Standards as a benchmark. The report is the first issued under this directive and covers the period of January through June 2007.

"This report helps enhance transparency and general understanding of our detention system by detailing the results of more than 175 facility compliance inspections," said Assistant Secretary Myers. "These inspections are designed to ensure compliance with ICE's rigorous National Detention Standards, which surpass all other industry standards in their stringency and commitment to detainee health and comfort."

ICE uses several different kinds of detention facilities to house people detained for immigration-related violations, including service processing centers (SPCs), which are owned and operated by ICE; contract detention facilities (CDFs), which are owned and operated by private-sector businesses on behalf of ICE; and facilities operated by government entities under intergovernmental service agreements (IGSAs).

The ICE detention system consists of more than 350 local and state facilities under IGSAs, 7 CDFs, 8 SPCs, and facilities operated by the Federal Bureau of Prisons and Office of Refugee Resettlement. Each semiannual report will focus on half of the total number of facilities. This allows each facility to be rated once a year.

The rating is determined by a careful evaluation of how well the detention functions identified in the guidelines are carried out. The rating is a measure of the program's performance and does not necessarily measure the effectiveness of the facility management team. The assignment of the rating is also intended to measure the performance of the program over time. The following criteria shall be used in determining the rating for a facility:

• Superior - Performing all of its functions in an exceptional manner, has excellent internal controls and exceeds expectations. The facility cannot receive a Superior rating if any standard is rated deficient or at-risk.
• Good - Performing all of its functions, and there are few deficient procedures within any function. Internal controls are such that there are limited procedural deficiencies. The facility cannot receive a good rating if any standard is rated at-risk or is a repeat deficiency.
• Acceptable - This is the "baseline" for the rating system. The detention functions are being adequately performed. Although deficiencies may exist, they do not detract from the acceptable accomplishment of the vital functions.
• Deficient - One or more detention functions are not being performed at an acceptable level. Internal controls are weak, thus allowing for serious deficiencies in one or more program areas.
• At-Risk - The detention operations are impaired to the point that it is not presently accomplishing its overall mission. Internal controls are not sufficient to reasonably assure acceptable performance can be expected in the future

The overall final ratings for the 176 facilities reviewed in the semiannual report released today are:

• SPCs: 100% (7 of 7) received a Final Rating of Acceptable or above.
• CDFs: 100% (4 of 4) received a Final Rating of Acceptable or above.
• IGSAs: 87% (144 of 165) received a Final Rating of Acceptable or above.

Any facility receiving a rating of Deficient as a final overall rating or for any individual standard must follow the DRO formal Plan of Action process, which requires the facilities to submit a remediation plan to DRO Headquarters within 30 days of notification.

Follow up inspections are conducted after 90 days to ensure that the facility has remedied the deficiency and is in compliance with the standards. Any deficiency that poses a threat to the health or safety of the detained population must be corrected immediately. The upcoming semiannual report will cover the review and remediation activities for those facilities that were in the deficient or below category.

ICE will release a new report twice a year covering the review and remediation activities, if any, for the respective time period. The semiannual report is posted on the ICE website at http://www.ice.gov.

-- ICE --

U.S. Immigration and Customs Enforcement (ICE) was established in March 2003 as the largest investigative arm of the Department of Homeland Security. ICE is comprised of five integrated divisions that form a 21st century law enforcement agency with broad responsibilities for a number of key homeland security priorities.

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