June 2003
Office of the Inspector General
TABLE OF CONTENTS
CHAPTER 1: INTRODUCTION
- Background
- Methodology of this Review
- Organization of this Report
CHAPTER 2: ARREST AND PROCESSING OF ALIENS IN
RESPONSE TO THE SEPTEMBER 11 ATTACKS
- Initial Law Enforcement Response
- Initial FBI Response
- Department of Justice Response
- New York FBI's Response
- SIOC Working Group
- Arrests of September 11 Detainees
- Assignment to a Detention Facility
- FBI Assessment
- INS Housing Determination
- BOP Confinement Decisions
- Department of Justice's Role
- Demographics of September 11 Detainees
- Processing of September 11 Detainees from Arrest to Clearance
CHAPTER 3: CHARGING OF SEPTEMBER 11 DETAINEES
- INS Regulations and Policies Governing the Timing of Charging Decisions
- The Charging Determination
- Serving the Notice to Appear (NTA)
- Service of NTAs on September 11 Detainees
- Reasons for Delay in Serving NTAs
- Pending Criminal Charges
- Delays Caused by Logistical Disruptions in New York City
- Delays Caused by INS Headquarters Review of NTAs
- Delays Caused by Transfers of September 11 Detainees
- OIG Analysis
CHAPTER 4: THE CLEARANCE PROCESS
- "Hold Until Cleared" Policy
- Origins of Policy
- Implementation of Policy
- INS Operational Orders
- The Clearance Process
- Determining Which Aliens Would be Subject to the Clearance Process
- FBI Field Office Role in the Clearance Investigation
- CIA Name Checks
- Timing of Clearances
- Delays in the Clearance Process
- Inclusion of New York Arrests on the INS's "Special Interest" List Requiring Clearances
- Background to the New York Custody List
- Merger of Lists
- Delays in the Field Portion of the Clearance Investigation
- CIA Name Checks
- Examples of Delays
- Knowledge of the Delays in the Clearance Process
- FBI Watch List
- OIG Analysis
CHAPTER 5: THE DEPARTMENT'S "NO BOND" POLICY FOR SEPTEMBER 11 DETAINEES
- Background on Immigration Law
- Department's Strategy for Maintaining Detainees in Custody
- INS Efforts to Maintain Detainees in Custody
- Initial "No Bond" Determination
- Pearson Order
- Creation of a Bond Unit at INS Headquarters
- Opposing Release at Bond Hearings
- Concerns About Lack of Evidence for Bond Hearings and Impact of Delays in the Clearance Process
- Difficulties Presented by New York Cases Added to INS Special Interest List
- INS Attempts to Revise Bond Policy
- Proposed Inter-Agency Memoranda
- Impact of Pearson Order
- OIG Analysis
CHAPTER 6: REMOVAL OF SEPTEMBER 11 DETAINEES
- Background
- Discussion of the Limits of the INS's Detention Authority
- Detainees' Lawsuits
- Policy Change Allowing Detainees to Be Removed Without FBI Clearance
- OLC Opinion
- Post-Order Custody Reviews of September 11 Detainees
- OIG Analysis
CHAPTER 7: CONDITIONS OF CONFINEMENT AT THE METROPOLITAN DETENTION CENTER IN BROOKLYN, NEW YORK
- Introduction
- Initial Communications Blackout After September 11
- Impact of Detainee Classification 5
- Detainees' Classification
- MDC's Special Housing Unit (SHU)
- ADMAX SHU Policies and Procedures
- Detainee Complaint Process
- Housing Assignment of September 11 Detainees
- Assignment of September 11 Detainees to the ADMAX SHU
- Reassigning September 11 Detainees to the General Population
- Centralizing the Notification Process
- Inconsistencies in Detainee Reassignment Procedures
- Access to Legal Counsel
- Legal Telephone Calls
- Attorney Visits
- Pro Bono Attorney List
- Social Visits
- Contact with Foreign Consulates
- Allegations of Physical and Verbal Abuse
- OIG Site Visit
- OIG Investigation of Abuse
- FBI and BOP Investigations of Abuse
- Allegations of Harassment
- Reporting Allegations of Abuse
- MDC Videotapes
- Other Issues
- Medical Care
- Recreation
- Lighting in the ADMAX SHU
- Personal Hygiene Items
- Hunger Strikes
- OIG Analysis
CHAPTER 8: CONDITIONS OF CONFINEMENT AT THE PASSAIC COUNTY JAIL IN PATERSON, NEW JERSEY
- Introduction
- Background on Passaic County Jail
- Housing of Detainees
- Processing of September 11 Detainees
- SDU Housing Reviews
- Access to Legal Counsel
- Background
- Legal Telephone Calls
- Pro Bono Attorney List
- Legal Rights Presentations
- Allegations of Physical and Verbal Abuse
- Other Issues
- Medical Care
- Hunger Strikes
- Recreation
- INS Newark District Monitoring of September 11 Detainees
- OIG Analysis
CHAPTER 9: OIG RECOMMENDATIONS
- Uniform Arrest and Detainee Classification Policies
- Inter-Agency Cooperation on Detainee Issues
- FBI Clearance Process
- Notices to Appear
- Raising Issues of Concern to Senior Department Officials
- BOP Housing of Detainees
- Oversight of Detainees Housed in Contract Facilities
- Other Issues
CHAPTER 10: CONCLUSIONS
TABLE OF FIGURES AND TABLES
Figure 1: Age Ranges for the September 11 Detainees
Figure 2: Nationality of September 11 Detainees
Figure 3: Arrest Location of September 11 Detainees
Figure 4: September 11 Detainee Arrests (By Week)
Figure 5: September 11 Detainee Arrests (By Month)
Figure 6: Processing September 11 Detainees from Arrest to Clearance
Table 1: Number of Days Between Arrest Date and NTA Served Date for September 11 Detainees
Table 2: Timing of NTA Service
Table 3: Number of Days from Arrest to FBI HQ Clearance
Figure 7: Number of Days from Arrest to FBI HQ Clearance
Figure 8: Detainees Removed per Month
Figure 9: Number of Days from Arrest Date to Removed/Released Date
Figure 10: Information Regarding Post-Order Custody Reviews
Figure 11: Weekly Average Number of INS Detainees Held at Passaic County Jail
TABLE OF APPENDICES
Appendix A Glossary of Names in the Report
Appendix B Glossary of Terms
Appendix C Organizational Charts [not available electronically]
Department of Justice
Federal Bureau of Investigation
Immigration and Naturalization Service
Bureau of Prisons
Appendix D INS Notice To Appear Form
Appendix E FBI Headquarters Detainee Clearance Memorandum
Appendix F INS Arrest Form (Record of Deportable/Inadmissible Alien) [not available electronically]
Appendix G INS Custody Determination Form
Appendix H INS Headquarters Release Memorandum
Appendix I INS Headquarters Bond Memorandum
Appendix J BOP Reassignment to General Population
Appendix K Letter from Deputy Attorney General Thompson