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U.S. Immigration and Customs Enforcement (ICE) has a zero-tolerance policy for all forms of sexual abuse or assault.
ICE maintains a Sexual Abuse and Assault Prevention and Intervention (SAAPI) Program that ensures effective procedures for preventing, reporting, responding to, investigating, and tracking incidents or allegations of sexual abuse or assault against individuals in ICE detention.
ICE is committed to safety and security in all its detention and holding facilities.
On March 7, 2014, DHS issued the regulation titled “Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities” (DHS Prison Rape Elimination Act [PREA]). This regulation built upon existing ICE sexual assault and abuse related policies and practices, and outlined robust requirements for screening, training, detainee education, reporting, response, medical care, investigative protocols, discipline, and monitoring and oversight.
DHS PREA is divided into three subparts:
On May 22, 2014, ICE issued ICE Policy No. 11062.2: Sexual Assault and Abuse Prevention and Intervention (SAAPI Directive). The SAAPI Directive incorporates DHS PREA requirements applicable to ICE at the agency level and extends SAAPI protections to all individuals in ICE custody, regardless of whether they are in a confinement facility at the time.
On September 22, 2014, ICE Enforcement and Removal Operations (ERO) issued ICE Policy No. 11087.1: Operations of ERO Holding Facilities (“ICE Hold Room Directive”). This directive incorporates DHS PREA requirements and protections for all individuals at ERO holding facilities.
Prior to the issuance of DHS PREA standards, ICE developed strong safeguards against sexual abuse and assault of its detainees in both agency policies and the ICE detention standards. The ICE Family Residential Standards (FRS) and ICE Performance Based National Detention Standards (PBNDS) 2008 outline responsibilities for facility detention staff and included a standard to protect detainees from sexual abuse and assault in facilities. The PBNDS 2011 Standard 2.11, Sexual Abuse and Assault Prevention and Intervention (SAAPI), reinforced existing protections by strengthening requirements for screening, staff training, and detainee education, protection and appropriate housing of victims, protocols for conducting prompt and thorough investigations, and tracking and monitoring those investigations. Not all facilities are obligated to comply with PBNDS 2011; however, in 2013, ICE requested any detention facilities with an average daily population (ADP) of greater than 10 detainees implement PBNDS 2011 Standard 2.11. Fifty-seven detention facilities not otherwise covered by PBNDS 2011 adopted Standard 2.11.
DHS PREA mandates adoption of its requirements in any new, renewed, or substantively modified detention contracts. As of the end of Fiscal Year (FY) 2018, ICE successfully implemented DHS PREA Subpart A standards at 50 over-72-hour facilities. These include all dedicated ICE adult facilities (i.e., facilities that exclusively hold ICE detainees), all family residential facilities and 18 non-dedicated ICE detention facilities. All ICE hold rooms and staging facilities are covered by PREA Subpart B.
By the end of FY 2018, DHS PREA standards were adopted at detention facilities housing 70% of the ICE ADP, and 88% of the ICE ADP when excluding U.S. Marshals Service (USMS) and U.S. Department of Justice (DOJ) Bureau of Prisons (BOP) facilities.1 ICE continues to pursue DHS PREA implementation for any new, renewed, or substantively modified detention contracts.
When combining the sexual abuse and assault safeguards contained in DHS PREA Standards, PBNDS 2008, PBNDS 2011, and Standard 2.11, approximately 97% of the ICE ADP is covered by these extensive protections and prevention requirements.2
1. These facilities are covered by the U.S. Department of Justice PREA regulations. | return to text
2. Excluding ICE ADP in USMS and DOJ BOP facilities which are covered by the DOJ PREA regulations | return to text
The ICE SAAPI Directive and DHS PREA Standards require the designation of an upper-level, agency-wide ICE Prevention of Sexual Assault (PSA) Coordinator. An ERO Deputy Assistant Director is currently assigned as the ICE PSA Coordinator.
The ICE SAAPI Directive also requires both Enforcement and Removal Operations (ERO) and ICE Office of Professional Responsibility (OPR) to designate PSA Coordinators to assist in ensuring compliance in their respective program offices. The ICE, ERO, and OPR PSA Coordinators work together to develop and implement agency policies and standards related to sexual abuse and assault prevention and intervention. ERO currently has two staff performing ICE ERO PSA Coordinator duties.
ICE provides detainees and their attorneys, family, friends, and associates multiple ways to report sexual abuse, retaliation for reporting sexual abuse, or staff neglect or violations of responsibilities that may have contributed to such incidents. Third parties not connected to a detainee can also report these allegations. Reports are confidential and may be made anonymously, both verbally and in writing.
The following offices accept reports of sexual abuse or assault:
The DHS OIG may be reached at 1-800-323-8603 or:
Office of Inspector General/MAIL STOP 0305
Department of Homeland Security
245 Murray Lane SW
Washington, DC 20528-0305
The DRIL may be reached at 888-351-4024 or by completing the form at https://www.ice.gov/webform/ero-contact-form
ICE OPR can be reached via the Joint Intake Center (JIC) at 877-246-8253, or by email at Joint.Intake@dhs.gov or:
DHS ICE OPR
PO Box 14475
Pennsylvania Avenue NW
Washington, DC 20044
ICE provides access to victim services and victim advocates for detainees who have been subjected to sexual abuse and assault. Victim services may be provided either within the facility or in the local community. Victim advocates can assist and support the victim as he or she negotiates reporting, interviews, and related medical and mental health examinations and evaluations. Victim and advocacy services are provided at no charge to the detainee.
U visas provide temporary immigration status to victims of certain qualifying crimes, including sexual abuse and assault. Additional information about U visas can be found here.
Individuals may also contact the ICE ERO Detention Reporting and Information Line (DRIL) for any other issues and questions related to PREA or the sexual abuse and assault of individuals in ICE custody:
The DRIL may be reached at 888-351-4024 or by completing the form at https://www.ice.gov/webform/ero-contact-form
DHS PREA requires routine audits of ICE detention and holding facilities’ compliance with the regulation’s mandates. ICE began audits in Fiscal Year 2017. ICE PREA Audit Reports will be posted on this page as they become available.
To achieve zero tolerance, ICE must hold accountable perpetrators of all types of sexual misconduct. The number of incidents reported accords with this philosophy, and ICE is committed to responding to, reporting, and investigating every sexual assault allegation received. ICE has a low reporting threshold and errs on the side of reporting all allegations. Included in the DHS PREA standards is a requirement for ICE to compile and review sexual abuse data in order to assess and improve the effectiveness of its SAAPI program.
The data presented below is grouped by fiscal year, and includes overall allegation numbers, additional details regarding victims and subjects, as well as types of sexual assault allegations, and investigative outcomes.
Data source: Information as reflected in Sexual Abuse and Assault Prevention and Intervention Case Management System as of 6/24/2019. Fiscal year 2018 data extracted from ICE Integrated Decision Support System (IIDS) as of 10/10/2018; Enforcement Integrated Database (EID) data through 10/6/2018.
Allegations and ADP per Fiscal Year
| Fiscal Year | Number of Cases | ADP | Allegation Rate per 1,000 by ADP |
|---|---|---|---|
| 2014 | 254 | 33,227 | 7.64 |
| 2015 | 247 | 28,449 | 8.68 |
| 2016 | 308 | 34,376 | 8.96 |
| 2017 | 264 | 38,106 | 6.93 |
| 2018 | 374 | 42,188 | 8.87 |
| Total | 1,447 | N/A | N/A |
PREA Allegations by Investigative Outcome
| Case Outcome | FY 2014 | FY 2015 | FY 2016 | FY 2017 | FY 2018 | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| Cases | % | Cases | % | Cases | % | Cases | % | Cases | % | |
| Substantiated | 33 | 13% | 37 | 15% | 46 | 15% | 24 | 9% | 48 | 13% |
| Unsubstantiated | 148 | 58% | 147 | 60% | 199 | 65% | 172 | 65% | 215 | 57% |
| Unfounded | 72 | 28% | 63 | 26% | 63 | 20% | 64 | 24% | 82 | 22% |
| Open | 1* | 0% | 0 | 0% | 0 | 0% | 4 | 2% | 29 | 8% |
| Total | 254 | 100% | 247 | 100% | 308 | 100% | 264 | 100% | 374 | 100% |
* This case is open as the criminal investigation is still pending.
PREA Allegations by Victim Gender
| Gender | FY 2014 | FY 2015 | FY 2016 | FY 2017 | FY 2018 | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| Cases | % | Cases | % | Cases | % | Cases | % | Cases | % | |
| Male | 209 | 82% | 179 | 72% | 230 | 75% | 202 | 77% | 293 | 78% |
| Female | 41 | 16% | 54 | 22% | 61 | 20% | 49 | 19% | 58 | 16% |
| Transgender | 4 | 2% | 14 | 6% | 16 | 5% | 12 | 5% | 23 | 6% |
| Unknown* | 0 | 0% | 0 | 0% | 1 | 0% | 1 | 0% | 0 | 0% |
| Total | 254 | 100% | 247 | 100% | 308 | 100% | 264 | 100% | 374 | 100% |
*Unknown allegations were received from a third party and had insufficient information to identify the victim.
PREA Allegations by Type of Alleged Perpetrator
| Perpetrator Type | FY 2014 | FY 2015 | FY 2016 | FY 2017 | FY 2018 | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| Cases | % | Cases | % | Cases | % | Cases | % | Cases | % | |
| Detainee | 181 | 71% | 178 | 72% | 214 | 69% | 181 | 69% | 248 | 66% |
| Contractor | 63 | 25% | 57 | 23% | 81 | 26% | 58 | 22% | 105 | 28% |
| ICE Staff | 2 | 1% | 1 | 0% | 0 | 0% | 7 | 3% | 6 | 2% |
| Inmate | 8 | 3% | 8 | 3% | 9 | 3% | 13 | 5% | 12 | 3% |
| Unknown | 0 | 0% | 3 | 1% | 4 | 1% | 5 | 2% | 3 | 1% |
| Total | 254 | 100% | 247 | 100% | 308 | 100% | 264 | 100% | 374 | 100% |
*Allegations that are categorized as “unknown” occur when the alleged victim or reporting party is unable to identify the alleged perpetrator.
When U.S. Immigration and Customs Enforcement (ICE) began separately tracking sexual abuse and assault allegations in fiscal year (FY) 2014, the agency used classifications from the Department of Justice (DOJ) Bureau of Justice Statistics (BJS). Subsequently, in FY 2016, ICE made the decision to adopt the definitions from the 2014 Department of Homeland Security (DHS) “Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities” known as DHS Prison Rape Elimination Act (PREA).
PREA Allegations by Incident Classification
| Incident Classification | FY 2014 | FY 2015 | ||
|---|---|---|---|---|
| Cases | % | Cases | % | |
| 1-Nonconsensual Sexual Acts - High | 12 | 5% | 20 | 8% |
| 2-Nonconsensual Sexual Acts - Low | 24 | 9% | 11 | 4% |
| 3-"Willing" Sex with Staff | 3 | 1% | 6 | 2% |
| 4-Abusive Sexual Contacts - High | 15 | 6% | 30 | 12% |
| 5-Abusive Sexual Contacts - Low | 97 | 38% | 96 | 39% |
| 6-Staff Sexual Misconduct - Touching Only | 32 | 13% | 31 | 13% |
| 7-Indecent Exposure | 2 | 1% | 7 | 3% |
| Harassment Only | 69 | 27% | 46 | 19% |
| Total | 254 | 100% | 247 | 100% |
PREA Allegations by Incident Classification
| Incident Classification | FY 2016 | FY 2017 | FY 2018 | |||
|---|---|---|---|---|---|---|
| Cases | % | Cases | % | Cases | % | |
| Detainee: Genital Contact | 9 | 3% | 4 | 2% | 9 | 2% |
| Detainee: Inappropriate Touching | 148 | 48% | 144 | 55% | 159 | 43% |
| Detainee: Object Penetration | 6 | 2% | 10 | 4% | 9 | 2% |
| Detainee: Oral Contact | 10 | 3% | 4 | 2% | 5 | 1% |
| Detainee: Threat, Coercion, Intimidation | 54 | 18% | 36 | 14% | 82 | 22% |
| Staff: Genital Contact | 2 | 1% | 1 | 0% | 2 | 1% |
| Staff: Inappropriate Touching | 50 | 16% | 33 | 13% | 66 | 18% |
| Staff: Object Penetration | 2 | 1% | 4 | 2% | 2 | 1% |
| Staff: Oral Contact | 0 | 0% | 0 | 0% | 0 | 0% |
| Staff: Threat, Coercion, Intimidation | 13 | 4% | 15 | 6% | 23 | 6% |
| Staff: Verbal Abuse | 5 | 2% | 6 | 2% | 1 | 0% |
| Staff: Voyeurism | 9 | 3% | 7 | 3% | 16 | 4% |
| Total | 308 | 100% | 264 | 100% | 374 | 100% |
*The majority of the allegations classified as inappropriate touching by staff occur during pat searches.
Substantiated PREA Allegations by Incident Classification
| Incident Classification | FY 2014 | FY 2015 | ||
|---|---|---|---|---|
| Cases | % | Cases | % | |
| 1-Nonconsensual Sexual Acts - High | 1 | 3% | 4 | 11% |
| 2-Nonconsensual Sexual Acts - Low | 3 | 9% | 0 | 0% |
| 3-"Willing" Sex with Staff | 2 | 6% | 0 | 0% |
| 4-Abusive Sexual Contacts - High | 4 | 12% | 2 | 5% |
| 5-Abusive Sexual Contacts - Low | 12 | 36% | 17 | 46% |
| 6-Staff Sexual Misconduct - Touching Only | 2 | 6% | 2 | 5% |
| 7-Indecent Exposure | 0 | 0% | 1 | 3% |
| Harassment Only | 9 | 27% | 11 | 30% |
| Total | 33 | 100% | 37 | 100% |
Substantiated PREA Allegations by Incident Classification
| Incident Classification | FY 2016 | FY 2017 | FY 2018 | |||
|---|---|---|---|---|---|---|
| Cases | % | Cases | % | Cases | % | |
| Detainee: Genital Contact | 0 | 0% | 0 | 0% | 2 | 4% |
| Detainee: Inappropriate Touching | 34 | 74% | 16 | 67% | 24 | 50% |
| Detainee: Object Penetration | 0 | 0% | 0 | 0% | 0 | 0% |
| Detainee: Oral Contact | 1 | 2% | 0 | 0% | 1 | 2% |
| Detainee: Threat, Coercion, Intimidation | 6 | 13% | 5 | 21% | 18 | 38% |
| Staff: Genital Contact | 0 | 0% | 0 | 0% | 1 | 2% |
| Staff: Inappropriate Touching | 2 | 4% | 0 | 0% | 0 | 0% |
| Staff: Object Penetration | 0 | 0% | 0 | 0% | 0 | 0% |
| Staff: Oral Contact | 0 | 0% | 0 | 0% | 0 | 0% |
| Staff: Threat, Coercion, Intimidation | 3 | 7% | 3 | 13% | 2 | 4% |
| Staff: Verbal Abuse | 0 | 0% | 0 | 0% | 0 | 0% |
| Staff: Voyeurism | 0 | 0% | 0 | 0% | 0 | 0% |
| Total | 46 | 100% | 24 | 100% | 48 | 100% |
*The majority of the allegations classified as inappropriate touching by staff occur during pat searches.
Please note, the ICE Enforcement and Removal Operations Sexual Abuse and Assault Prevention and Intervention Case Management system is a dynamic database with new allegations entered regularly. A detainee may make an allegation today regarding an incident that occurred in a previous fiscal year which would then change that fiscal year’s SAAPI CM allegation numbers. ICE also conducts periodic data reviews to ensure data quality. In FY 2018, ERO conducted a large-scale review comparing all ERO records with the Office of Professional Responsibility (OPR) records which led to data changes in some fiscal years.
