ICE/DRO DETENTION STANDARD

DETENTION FILES

# PURPOSE AND SCOPE. This Detention Standard contributes to efficient and responsible facility management by maintaining, for each detainee booked into a facility for more than 24 hours, a file of all significant information about that person. It also addresses security for electronic files.

The Detention File is separate from the detainee's A-File, which is the
administrative file maintained by ICE/DRO for each detainee. The
contents of the A-File include such documents as the detainee's
identification documents (passport, driver's license, etc.),
photographs, immigration history, prior record, and all documents and
transactions relating to the detainee's immigration case.

This Detention Standard applies to the following types of facilities
housing ICE/DRO detainees:

-   Service Processing Centers (SPCs);

-   Contract Detention Facilities (CDFs); and

-   State or local government facilities used by DRO through
    Intergovernmental Service Agreements (IGSAs) to hold detainees for
    more than 72 hours.

***Procedures in italics are specifically required for SPCs and
CDFs***.  IGSAs must conform to these procedures or adopt, adapt or
establish alternatives, provided they meet or exceed the intent
represented by these procedures.

Some terms used in this document may be defined in the separate
**Definitions** Standard.

# EXPECTED OUTCOMES. The expected outcomes of this Detention Standard are:

1.  A Detention File will be maintained on each detainee admitted to a
    detention facility for more than 24 hours.

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1.  Each Detention File will include all documents, forms, and other
    information specified herein.

2.  The security of each Detention File and its contents will be
    maintained.

3.  Staff will have access to Detention Files, as needed, for official
    purposes.

4.  Information from a Detention File will be released to an outside
    third party only with the detainee's signed consent.

5.  Release of information on detainees will be in accordance with
    applicable federal and state regulations.

6.  Electronic record-keeping systems and data will be protected from
    unauthorized access.

7.  Field Offices will maintain files necessary to carry out their
    responsibilities and will maintain them for a minimum of 18 months
    for auditing purposes.

8.  Inactive, closed Detention Files will be properly archived.

# DIRECTIVES AFFECTED. This Detention Standard replaces Detention Files dated 2/11/2002.

# REFERENCES

> American Correctional Association 4th Edition Standards for Adult
> Detention Facilities: 4-ALDF-7D-19, 7D-20, 7D-21. 7D-22.
>
> Privacy Policy Guidance Memorandum Number 2007-1 "DHS Privacy Policy
> Regarding Collection, Use, Retention, and Dissemination of Information
> on Non-U.S. Persons" from the DHS Chief Privacy Officer (1/19/2007).
>
> Funds and Personal Property National Detention Standard

# EXPECTED PRACTICES

## Creation of a Detainee Detention File

> When a detainee is admitted to a facility, staff shall create a
> detainee Detention File as part of admissions processing.

1.  For every new arrival whose stay will exceed 24 hours, a designated
    officer shall create a detainee Detention File.

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9.  The officer completing the admissions portion of the Detention File
    shall note that the file has been activated. The note may take the
    form of a generic statement in the Acknowledgment form described
    below.

10. *In SPCs and CDFs, a standard, green file folder with
    paper-attachment clips is acceptable; however, considering the
    number of Detention Files generated each year, the standard brown
    folder may prove more economical.*

11. *The facility administrator shall develop procedures to ensure the
    admissions processing unit always has on hand all necessary supplies
    and that equipment is maintained in good working order, including
    photocopier(s) and paper. The equipment shall have the capacity to
    handle the volume of work generated.*

## Required Contents of File

1.  The detainee Detention File shall contain either originals or copies
    of forms and other documents generated during the admissions
    process. If necessary, the Detention File may include copies of
    material contained in the detainee's A-File.

> The file shall, at a minimum, contain:

-   I-385, Alien Booking Record, with one or more original photograph(s)
    attached,

-   Classification Work Sheet,

-   Personal Property Inventory Sheet,

-   Housing Identification Card,

-   G-589, Property Receipt or facility equivalent, and

-   I-77, Baggage Check(s).

> The file shall also contain the following original documents, if used
> in the facility:

-   Acknowledgment form, documenting receipt of handbook, orientation,
    locker key, etc.,

-   Work assignment sheet,

-   Identifying marks form, and

-   The original detainee summary form.

12. The detainee's Detention File shall also contain documents generated
    during the detainee's time in the facility.

## Additions to File

> During the course of the detainee's stay at the facility, staff shall
> add documents associated with normal operations to the detainee's
> Detention File, for example:

-   Special requests,

-   Any G-589s or facility equivalent, or I-77s closed-out during the
    detainee's stay,

-   Disciplinary forms,

-   Grievances, except medical grievances which are maintained in the
    medical file, complaints, and their disposition(s),

-   All forms associated with disciplinary or administrative
    segregation,

-   Strip search forms,

-   Other approved documents, e.g., staff reports about the detainee's
    behavior, attitude, etc.

-   Any privacy waivers

## Location of Files

> Detainee Detention Files shall be located and maintained in a secured
> area.
>
> *In SPCs/CDFs:*

-   *Active detainee Detention Files shall be maintained in the
    admissions processing area, unless the facility administrator
    designates another area.*

-   *The cabinet containing the files does not need to be securable if
    located in a controlled access area; however, if the cabinet is
    located in a congested work area or in a high traffic area, it must
    be locked.*

-   *The chief of security (or equivalent) shall determine the key
    distribution for file cabinets that lock.*

-   *Archived files shall be placed in storage boxes, with the dates
    covered clearly marked (from \[mm/dd/yy\] to \[mm/dd/yy\]). The
    facility administrator shall designate a restricted access storage
    space.*

## Archiving Files

Each Detention File remains active during the detainee's stay at a
facility and is closed and archived upon the detainee's transfer,
release, or removal. IGSA facilities shall retain inactive Detention
Files no differently from SPCs and CDFs and shall, when requested, make
them available to ICE/DRO personnel.

1.  Upon the detainee's release from the facility, staff shall add final
    documents to the file before closing and archiving it after
    inserting:

-   Detention file copies of completed release documents,

-   The original closed-out receipts for property and valuables, and

-   The original I-385 and other documentation.

    1.  The officer closing the Detention File shall make a notation (on
        the Acknowledgement form, if applicable) that the file is
        complete and ready for archiving.

    2.  The closed Detention File shall not be transferred with the
        detainee to another facility. However, staff may forward copies
        of file documents at the request of supervisory personnel at the
        receiving facility or office. When forwarding requested
        documents, staff at the sending office shall update the archived
        file, noting the document request, and the name and title of the
        requester.

    3.  Archived files may be purged after six years, and the material
        preferably burned, if possible, and at least shredded.

## Access to File

1.  Detention file contents are subject to the same Privacy Act
    regulations as A-file contents. Unless release of information is
    required by statute or regulation, a detainee must sign a
    release-of-information consent form prior to the release of any
    information, and a copy of the form shall be maintained in the
    detainee's Detention File. This information contained in the form
    will explained to the detainee in a language or manner which they
    understand.

    The Privacy Act of 1974 provided statutory privacy rights to U.S.
    citizens and Legal Permanent Residents (LPRs), but the law does not
    cover aliens who are not legal permanent residents. As a matter of
    policy, however, DHS treats any personally identifiable information
    that is collected, used, maintained, and/or disseminated in a DHS
    records system as being subject to the Privacy Act regardless of
    whether the information pertains to a U.S. citizen, LPR, or

    any alien. Treating such records systems as covered by the Privacy
    Act establishes efficient and uniform business practices for
    handling personally identifiable information without having to
    maintain two parallel records systems serving much the same purpose.

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13. Appropriate staff may have access to the Detention File for official
    purposes.

14. Staff shall accommodate all requests for detainee Detention Files
    from other departments that require the material for official
    purposes, such as disciplinary hearings.

    Unless the chief of security (or equivalent) determines otherwise,
    each borrowed file must be returned by the end of the administrative
    workday.

    A representative of the department requesting the file is
    responsible for obtaining the file, logging it out, and ensuring its
    return.

> At a minimum, a logbook entry recording the file's removal from the
> cabinet shall include:

-   The detainee's name and A-File number;

-   Date and time removed;

-   Reason for removal;

-   Signature of person removing the file, including title and
    department;

-   Date and time returned; and

-   Signature of person returning the file.

> 4\. Upon request by the detainee, the detention file shall be provided
> to the detainee or his or her designated attorney of record.

## Electronic Files

Electronic record-keeping systems and data shall be protected from
unauthorized access. All electronic data on individual detainees is
subject to the same Privacy Act regulations as the contents of
traditional paper Detention Files and A-files.

Unless release of information is required by statute or regulation, a
detainee must sign a release-of-information consent form prior to the
release of any information, and a copy of the form shall be maintained
in the detainee's Detention File.

## Field Office Responsibilities

> Field Offices shall maintain files as needed to carry out their
> responsibilities and shall retain them (as inactive files) for a
> minimum of 18 months for auditing purposes. Generally, such records
> often contain information about more than one detainee, and they are
> most easily retrieved by process or subject, rather than by individual
> detainee.
>
> For some purposes, records are most easily retrieved by the detainee's
> name. While some such material may duplicate material maintained in
> the facility Detention Files, there is no intention to create a
> duplicate file for IGSA contract facilities.
>
> Some Detention Standards require that copies of certain documents on
> individual detainees be sent to Field Offices. Especially where
> approval of the Field Office Director (or designee) is required,
> records of correspondence and approvals or denials are to be
> maintained in the A-file. As another example, if the Field Office
> takes and holds detainee property, the A-file shall contain such forms
> as the G-589 and I-77 and copies of forms I-203 and G-385.

**Standard Approved:**

**James T. Hayes, Jr. /s/ 12/5/2008**

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# James T. Hayes, Jr. Date {#james-t.-hayes-jr.-date .unnumbered}

# Director {#director .unnumbered}

**Office of Detention and Removal Operations**