January 15, 2008

Residential Standards

Background

U.S. Immigration and Customs Enforcement (ICE) opened the T. Don Hutto Family Residential Facility in Taylor, Texas, in May 2006 to accommodate alien families in ICE custody. This facility was retro-fitted for families who have been placed in administrative immigration proceedings and is one of the major reasons the Department of Homeland Security has been able to successfully end the “catch and release” of illegal aliens at the southern border. ICE also operates the Berks Family Residential Center in Leesport, Pennsylvania. These facilities are an effective and humane alternative to maintain the unity of alien families as they await the outcome of their immigration hearings or return to their home countries. ICE began formulating the standards by analyzing operations at both facilities and applicable state statutes. Medical, psychological and educational subject matter experts were contracted for guidance in developing these standards and various organizations including the DHS Office of Civil Rights and Civil Liberties (CRCL) and non-governmental organizations (NGOs) provided comment to ICE in November 2007. Those comments were reviewed over a three-day period and as a result, in many instances, revisions were made to the standards. ICE approved the residential standards on December 21st.

The ICE residential standards are available for download at http://www.ice.gov/pi/topics/index.htm. A list of the standards and references follows below.

References:

• American Correctional Association 4th Edition Standards for Adult Local Detention Facilities
• Pennsylvania Welfare Code Chapter 3800: Child Residential and Day Treatment Facilities
• Texas Department of Family and Protective Services: Minimum Standards for General Operations and Residential Treatment Centers
• Individuals with Disabilities Education Improvement Act of 2004.
• National Fire Protection Association (NFPA) Standards
• U.S. Public Health Service Report on Carcinogens
• National Commission on Correctional Health Care, Standards for Health Services in Jails.
• Flores v. Reno
• Prison Rape Elimination Act of 2003 (PREA)