ICE/DRO DETENTION STANDARD

GRIEVANCE SYSTEM

# PURPOSE AND SCOPE. This Detention Standard protects detainees' rights and ensures they are treated fairly by providing a procedure by which they may file formal grievances and receive timely responses relating to any aspect of his/her detention, including medical care.

It 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.  Detainees will be informed about the facility's informal and formal
    grievance system in a language or manner he or she understands.

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1.  Staff and detainees will mutually resolve most complaints and
    grievances orally and informally in their daily interaction.

2.  Detainees will be able to file formal grievances, including medical
    grievances, and receive written responses, including the basis for
    the decision, in a timely manner.

3.  Detainees will be able to file emergency grievances that involve an
    immediate threat to their safety or welfare and receive written
    responses, including the basis for the decision, in a timely manner.

4.  Detainees will be able to appeal initial decisions on grievances to
    at least one higher level of review.

5.  Accurate records will be maintained on grievances filed and their
    resolution.

6.  No detainee will be harassed, disciplined, punished, or otherwise
    retaliated against for filing a complaint or grievance.

7.  The applicable contents and procedures in this standard will be
    communicated in a language or manner which the detainee can
    understand.

# DIRECTIVES AFFECTED. This Detention Standard replaces Detainee Grievance Procedures dated 9/12/2008.

# REFERENCES

> American Correctional Association Standards for Adult Local Detention
> Facilities, 4^th^ Edition: 4-ALDF-2A-27, 6A-07, 6B-01.
>
> ICE/DRO Detention Standard on **Correspondence and Other Mail**.

# EXPECTED PRACTICES

## Written Procedures Required

> Each facility shall have written policy and procedures for a detainee
> grievance system that:

-   Establishes a procedure for any detainee to file a formal grievance;

-   Establishes a procedure to track or log all formal grievances;

-   Establishes reasonable time limits for:

    -   Processing, investigating, and responding to grievances,
        including medical grievances;

    -   Convening a grievance committee (or actions of a single
        designated grievance officer) to review formal complaints; and

    -   Providing written responses to detainees who filed formal
        grievances, including the basis for the decision.

-   Ensures a procedure in which all medical grievances are received by
    the administrative health authority within 24 hours or the next
    business day;

-   Establishes a special procedure for time-sensitive, emergency
    grievances;

-   Ensures each grievance receives supervisory review;

-   Provides at least one level of appeal;

-   Includes guarantees against reprisal; and

-   Ensures information, advice, and directions are provided to
    detainees in a language or manner they can understand, or that
    interpretation/translation services are utilized.

## Informing Detainees About Grievance Procedures

> The facility shall provide each detainee, upon admittance, a copy of
> the Detainee Handbook / local supplement, in which the grievance
> section provides notice of:

-   The expectation that, to the greatest extent possible, complaints
    and grievances should be handled orally and informally by staff in
    their daily interaction with detainees. Nevertheless, the detainee
    always has the right to file a formal grievance and pursue the
    formal grievance process.

-   The right to file a grievance, including medical grievances, both
    informal and formal.

-   The process for filing emergency grievances.

-   The procedures for filing and resolving a grievance, including the
    availability of assistance in preparing a grievance.

-   The procedures for filing and resolving an appeal, including the
    right to appeal to specified higher levels if the detainee disagrees
    with the lower decisions.

-   The procedures for contacting ICE/DRO to appeal a decision in a CDF
    or IGSA facility.

-   The policy prohibiting staff from harassing, disciplining,
    punishing, or otherwise retaliating against any detainee for filing
    a grievance or contacting the Inspector General.

-   The opportunity to file a complaint about staff misconduct, physical
    or sexual abuse, or civil rights violations at any point directly to
    the Department of Homeland Security Inspector General by
    calling (800) 323-8603 or by writing to:

> Department of Homeland Security
>
> Washington, DC 20528
>
> Attn: Office of the Inspector General

## Grievance Procedures

### Informal Oral Grievances

Informal grievance resolution offers a detainee the opportunity to
expediently resolve his or her cause for complaint before resorting to
the more time-consuming written formal procedure. Staff at every
facility shall make every effort to resolve a detainee\'s complaint or
grievance at the lowest level possible, in an orderly and timely manner.

The facility administrator, or designee, shall establish written
procedures for detainees to orally present the issue of concern
informally (as addressed in the Staff-Detainee Communication Detention
Standard). Illiterate, disabled, or non-English speaking detainees shall
be provided additional assistance, upon request.

A detainee is free to bypass or terminate the informal grievance process
at any point and proceed directly to the formal grievance stage.

If an oral grievance is resolved, the employee need not provide the
detainee written confirmation of the outcome but shall document the
result for the record in the detainee's Detention File and in any logs
or data systems the facility has established to track such actions.

> *In SPCs and CDFs,* Staff *who receive a detainee's oral complaint or
> grievance shall:*

-   *Attempt to resolve the issue informally if the issue is within his
    or her scope of responsibility, or*

-   *Notify the appropriate supervisor of the grievance as soon as
    practical.*

> *The supervisor may try to resolve the matter or advise the detainee
> to initiate a written grievance.*
>
> *If the grievance is resolved at this informal level, the person who
> resolved the issue shall document the circumstances and resolution in
> the detainee's Detention File.*

### Emergency Grievances

> Each facility shall implement written procedures for identifying and
> handling a time-sensitive emergency grievance that involves an
> immediate threat to a detainee\'s health, safety or welfare. All staff
> will be trained to appropriately respond to emergency grievances in an
> expeditious matter. Once the receiving employee approached by a
> detainee determines that he or she is in fact raising an issue
> requiring urgent attention, emergency grievance procedures shall
> apply. Translation services will be available upon request.

The protocol for emergency grievance procedures shall bring the matter
to the immediate attention of the facility administrator, even if it is
later determined that it is not a true emergency and the grievance is
subsequently routed through normal, non-emergency channels.

> *In SPCs and CDFs, the detainee may elect to present his or her
> emergency grievance directly to the shift supervisor or contract
> equivalent.*
>
> *If the shift supervisor concurs that the grievance represents an
> emergency, it shall receive the immediate attention of the facility
> administrator.*
>
> *If the matter is resolved at the shift level, the supervisor involved
> shall prepare a report for the facility administrator, or designee,
> describing the problem and its resolution. Emergency grievances not
> resolved at the shift level shall be sent up the chain of command in a
> timely manner until the matter is resolved.*
>
> *If the shift supervisor or contract equivalent determines the matter
> is not an emergency, standard procedures shall apply.*

### Formal Written Grievances

The facility administrator, or designee, shall allow a detainee to
submit a formal, written grievance to a single designated grievance
officer or the facility\'s grievance committee and shall be given the
opportunity to obtain preparation assistance from another detainee or
facility staff. Illiterate, disabled, or non-English speaking detainees
shall be provided additional assistance, upon request. Formal written
grievances regarding medical care shall be submitted directly to medical
personnel designated to receive and respond to medical grievances at the
facility.

The detainee may file a formal grievance within a reasonable timeframe
after the event or unsuccessful conclusion of an informal grievance or
after deciding to forego the informal grievance procedure. The facility
administrator or designee shall ensure procedures accommodate the
special assistance needs of detainees who are disabled, illiterate, or
limited in English in preparing and pursuing a grievance.

Staff shall advise the detainee that the grievance form may cover a
single complaint or a cluster of closely related issues; however, each
form should clearly state the detainee's issues of concern, or the form
shall be returned to the detainee for clarification.

Staff shall provide the number of forms and envelopes requested by the
detainee. Within reason, detainees are not limited in the number of
forms and envelopes they may request.

#### To prepare a grievance, a detainee may obtain assistance from another detainee in the same housing unit, the housing officer or other facility staff, family members, or legal representatives. Staff will take reasonable steps to expedite requests for assistance. 

#### A detainee may not submit a grievance on another detainee\'s behalf. However, a detainee may assist another detainee in preparing a grievance. 

a.  If the detainee claims that the issue is sensitive or the
    detainee\'s safety or well-being would be jeopardized if others in
    the facility learned of the grievance, the detainee:

    -   Must describe in the grievance the reason for circumventing the
        chain of command, and

    -   Has the right to seal the grievance in an envelope, clearly
        marked \"Sensitive\" or "Medically Sensitive" and submit it
        directly to the facility administrator, administrative health
        authority, or designee.

b.  Each grievance form shall be delivered by authorized personnel (not
    detainees) without reading, altering, or delaying.

c.  Grievance forms concerning medical care shall be delivered directly
    to medical staff designated to receive and respond to medical
    grievances at the facility. Designated medical staff shall act on
    the grievance within five working days of receipt and provide the
    detainee a written response of the decision and the rationale. This
    record should be maintained per Section E "Record-Keeping and File
    Maintenance."

d.  The shift supervisor or other employee designated to receive
    grievances shall accept the grievance form signed and dated by the
    detainee and (except for sealed grievances) officially meet with the
    detainee to attempt to resolve the issue in a timely manner.

e.  If the grievance cannot be resolved to the satisfaction of the
    detainee, the supervisor shall so annotate in detail the reasons on
    the grievance form and refer the written grievance to the next level
    of supervision in his or her chain of command or to the appropriate
    department head within five working days of receipt.

f.  That person shall act on the grievance within five working days of
    receipt. The responsible department head shall provide the detainee
    a written response of the decision and the rationale. When the
    detainee is illiterate, disabled or non-English speaking, the
    decision shall be read to him or her in a language that he or she
    understands, or translation/interpretation shall be provided as
    needed.

## Appeal

> Every facility shall implement procedures that provide detainees at
> least one level of appeal and ensure that they receive written
> decisions about their appeals within reasonable and specified time
> limits.
>
> In the case of medical grievances, each facility shall establish
> procedures for appeal of a denial by medical personnel. An additional
> level of appeal by medical personnel shall be available to the
> detainee. All appeals of formal medical grievances and responses shall
> be reported to ICE/DRO.

### *Appeal to the Grievance Officer or Detainee Grievance Committee*

> *In SPCs and CDFs, the Grievance Officer (GO) or Detainee Grievance
> Committee (DGC) is the first level of appeal of a formal written
> grievance for a detainee who does not accept the resolution attempted
> by a shift supervisor, department head, or other staff, as detailed
> above in the section on **Formal Written Grievances**.*
>
> *If the detainee does not accept the resolution, he or she may appeal
> to the facility's GO or DGC.*

-   *Within five days of receipt, the GO or DGC shall address the
    matter.*

-   *In an SPC, the assistant chief of security shall chair the DGC,
    along with two department heads or their representatives.*

> *Personnel named in any grievance or involved either in attempts to
> resolve the grievance or assistance in preparing the grievance may not
> decide the matter in subsequent appeals.*
>
> *The GO or DGC may call witnesses, inspect evidence or otherwise
> gather facts essential to an impartial decision and shall offer the
> detainee the opportunity to appear before the GO or DGC in person or
> telephonically to present his or her case, answer questions, and
> respond to conflicting evidence or testimony.*
>
> *Within five working days of reaching a decision, the GO or DGC shall
> provide the detainee, in writing, the decision and the rationale.*
>
> *Ordinarily, the GO or DGC shall provide the written decision no later
> than fifteen working days after receipt of the detainee's appeal. If
> that time frame is exceeded, the GO or DGC shall include in the
> written decision an explanation for the delay. If a detainee does not
> receive a written response within that 15-day time frame, he or she
> may appeal the grievance directly to the facility administrator.*

### Appeal to the Facility Administrator (or designee)

> The facility's established grievance system protocol must provide for
> at least one level of appeal but may establish more than one. In all
> instances detainees must receive written decisions about their appeals
> within reasonable and specified time limits. When the detainee is
> illiterate, disabled or non-English speaking, the decision shall be
> read to him or her in a language that he or she understands, or
> translation/interpretation shall be provided as needed*.* CDFs and
> IGSA facilities must also allow any ICE/DRO detainee dissatisfied with
> the facility\'s response to communicate directly with ICE/DRO. Also,
> the Detention Standard on **Correspondence and Other Mail** provides
> for detainees to send Special Correspondence to many representatives
> and government officials.
>
> *In SPCs and CDFs, if the detainee disagrees with the GO or DGC
> decision, he or she may appeal it to the facility administrator, or
> designee. After reviewing the finding of the GO or DGC, the facility
> administrator, or designee, may uphold, modify or reverse it.*

-   *The facility administrator, or designee, shall provide the detainee
    a written decision within five days of receiving the appeal.*

-   *The written decision shall include a discussion of the decision and
    the facts upon which it is based.*

-   *The facility administrator, or designee, shall use the normal
    routing system of the facility to send the written decision to the
    detainee.*

> *Within the facility's grievance system, the decision of the facility
> administrator (or designee) is final and cannot be further appealed.
> Depending on the nature of the grievance, however, the facility
> administrator may choose to forward the grievance file to the Field
> Office Director for notification and review.*

## Record-Keeping and File Maintenance

Each facility shall devise a method for documenting detainee grievances,
at a minimum, a Detainee Grievance Log. The documentation shall include
the date of the grievance, nature of the grievance in detail, and the
date the grievance was resolved. Medical grievances are maintained in
the detainee's medical file.

> *In SPCs and CDFs, staff shall assign each grievance a log number,
> enter it in the space provided on the Detainee Grievance Form, and
> record it in the Detainee Grievance Log in chronological order:*

-   *The log entry number and the detainee grievance number must match.*

-   *The log shall include the receipt date and the date and
    disposition.*

-   *Nuisance or petty grievances and grievances rejected or denied must
    also be logged with the appropriate notation and justification (for
    example, \"Petty\").*

> A copy of the grievance disposition shall be placed in the detainee's
> detention file and provided to the detainee.

## Established Pattern of Abuse of the Grievance System

> If a detainee establishes a pattern of filing nuisance complaints or
> otherwise abusing the grievance system, the facility administrator may
> identify that person, in writing, as one for whom not all subsequent
> complaints have to be fully processed. However, feedback will be
> provided to the detainee, and records will be maintained of grievances
> "rejected."
>
> For a detainee so identified by the facility administrator:

-   Staff shall continue to attempt to resolve informal oral grievances
    at the lowest level possible, as described above.

-   If designated staff at the facility's first grievance system level
    make the initial determination that the grievance is one that should
    not be fully processed, they shall forward the grievance to the next
    grievance level.

-   If staff at that level concurs that the grievance is frivolous, the
    grievance shall be logged in the Detainee Grievance Log showing the
    disposition (for example, "Rejected"), and a copy of the grievance
    shall be placed in the detainee's detention file.

-   The facility's written policy and procedures may also require that
    each rejected grievance be forwarded to the facility administrator
    for review or concurrence.

-   The designated final authority may decide to return the grievance to
    a lower level for full processing.

> *In SPCs and CDFs, if the shift supervisor or other employee
> designated to receive grievances believes the grievance is one that
> should not be fully processed, he or she shall document that
> determination and refer the grievance to the GO or DGC. If the GO or
> DGC concurs, the grievance shall be logged in the Detainee Grievance
> Log with "Rejected" as the disposition, and a copy of the grievance
> shall be placed in the detainee's detention file. The facility's
> written policy and procedures may also require that each rejected
> grievance be forwarded to the facility administrator for review or
> concurrence.*

## Allegations of Staff Misconduct

> Staff must forward all detainee grievances containing allegations of
> staff misconduct to a supervisor or higher-level official in the chain
> of command. While such grievances are to be processed through the
> facility's established grievance system, CDFs and IGSA facilities must
> also forward a copy of any grievances alleging staff misconduct to
> ICE/DRO.
>
> All ICE/DRO staff are reminded of the requirement of Administrative
> Manual 5.5.201, **Reporting and Resolving Allegations of Employee
> Misconduct**. All ICE employees are responsible for immediately
> reporting either orally or in writing any allegation of misconduct to
> their supervisor or a higher-level ICE official in their chain of
> command or directly to the ICE Office of Professional Responsibility
> or the DHS Inspector General. This reporting requirement applies
> without exception to all detainee allegations of officer misconduct,
> whether formally or informally submitted.

## Retaliation Prohibited

> Staff shall not harass, discipline, punish, or otherwise retaliate
> against a detainee who files a complaint or grievance or who contacts
> the Inspector General or the Office for Civil Rights and Civil
> Liberties.

**Standard Approved:**

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

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**James T. Hayes, Jr Date**

**Director**

**Office of Detention and Removal Operations**