Detention Management Program

Due to the nature of its mission, the immigration detention program maintains custody of one of the most highly transient and diverse populations of any correctional or detention system in the world. This administrative custody environment presents significant management challenges compared to the typical static prison environment. These challenges are compounded by the diverse population (individuals representing virtually every country of the world; every security classification; males, females, and medical conditions ranging from healthy to terminally ill, etc.) in immigration detention custody every day.

The current ICE detention system consists of over 350 local and state facilities acquired through intergovernmental service agreements (IGSA); seven contract detention facilities; eight ICE owned facilities and five Bureau of Prisons (BOP) facilities, which are either funded directly through congressional appropriations to BOP or through ICE reimbursement.

Approximately 67 percent of the ICE population is designated to IGSA, 17 percent in contract facilities, 13 percent in ICE-owned facilities and 3 percent in BOP facilities. Currently, in FY 08, the ICE detention program has a funded capacity of approximately 32,000 beds.

ICE, through an aggressive inspections program, ensures facilities utilized to detain aliens in immigration proceedings or awaiting removal to their countries do so in accordance with ICE National Detention Standards. The ICE DRO Detention Standards Compliance Unit provides ICE and the public the assurance that detainees in ICE custody are detained in safe and secure environments and under appropriate conditions of confinement.

The National Detention Standards (NDS) were originally issued in September 2000 to facilitate consistent conditions of confinement, access to legal representation, and safe and secure operations across the former Immigration and Naturalization Service’s immigration detention system. The standards established consistency of program operations and management expectations, accountability for non-compliance, and a culture of professionalism. They were based on policy and procedures and focus solely on what was to be done. U.S. Immigration and Customs Enforcement (ICE) spent the last eighteen months reviewing the INS standards and redrafted them into a performance based format. Performance Based National Detention Standards (PBNDS) start with a focus on the results or outcomes the required procedures are expected to accomplish. Thus, the expected outcomes each detention standard is intended to produce are stated, rather than assumed, and the prescribed expected practices represent what is to be done to accomplish those expected outcomes.

Currently, there are 38 NDS in use. The initial 36 standards were developed and implemented in September 2000. Since that time, two standards were added. The new PBNDS are comprised of 41 standards, four of which are new including: News Media Interviews and Tours (formerly part of Visitation), Searches of Detainees, Sexual Abuse and Assault Prevention and Intervention, and Staff Training. The 2008 PBNDS represent a natural progression and build upon the 2000 NDS.

The Division of Immigration Health Services (DIHS) provides direct care or arranges for outside health care services to detained aliens under the custody of ICE. DIHS also serves as the medical authority for ICE. DIHS consists of U.S. Public Health Service officers and contract medical professionals who work under their supervision. DIHS provides the primary health care for detainees housed in DIHS-staffed detention centers and oversees the financial authorization and payment for off-site specialty and emergency care for detainees in ICE custody.

Prior to October 1, 2007, ICE received the services of DIHS through a reimbursable arrangement with the Health Resources and Services Administration (HRSA) of the Department of Health and Human Services (HHS). On October 1, 2007, following completion of a Department of Homeland Security, Office of Health Affairs (OHA)-led DHS-HHS agreement on administrative support for all USPHS officers within DHS, USPHS officers, formerly under HRSA, were detailed to ICE. For consistency, this detail has continued to use the name “Division of Immigration Health Services.” Since October 1, 2007, ICE, with the support of the Office of Health Affairs, has been working closely on a number of initiatives to enhance the detainee health care provided by DIHS. Plans are underway to identify and implement a new electronic medical records system, a tele-health care delivery system and on changes to the Treatment Authorization Request (TAR) process.

DRO Detention Manual

U.S. Immigration and Customs Enforcement (ICE) detention facility employees and detainees will find information on detainee services and security and control procedures in the Detention Operations Manual. Information includes everything from access to legal material and funds and personal property to disciplinary policy and security inspections. Read More

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