ICE/DRO DETENTION STANDARD

CORRESPONDENCE AND OTHER MAIL

# PURPOSE AND SCOPE. This Detention Standard ensures that detainees will be able to correspond with their families, the community, legal representatives, government offices, and consular officials consistent with the safe and orderly operation of the facility.

# It applies to the following types of facilities housing DRO detainees: {#it-applies-to-the-following-types-of-facilities-housing-dro-detainees .unnumbered}

-   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 able to correspond with their families, the
    community, legal representatives, government offices, and consular
    officials.

2.  Detainees will be notified of the facility's rules on correspondence
    and other mail through the Detainee Handbook, or supplement, which
    is provided to each detainee upon admittance.

3.  The amount and content of correspondence detainees send at their own
    expense will not be limited except to protect public safety or
    facility security and order.

4.  Indigent detainees will receive a specified postage allowance to
    maintain community ties and necessary postage for privileged
    correspondence.

5.  Detainees will have access to general interest publications.

6.  Incoming and outgoing mail, with the exception of Special
    Correspondence and Legal Mail, will be opened to inspect for
    contraband and to intercept cash, checks, and money orders.

7.  General correspondence will be read or rejected only to protect the
    safe, secure and orderly operation of the facility, and detainees
    will be notified in writing when correspondence is withheld in part
    or in full.

8.  Detainees will be permitted to send Special Correspondence and Legal
    Mail to a specified class of persons and organizations, and incoming
    mail from these persons will opened only in the presence of the
    detainees (unless waived) to check for contraband (except when
    contamination is suspected).

9.  Incoming and outgoing letters will be held for no more than 24 hours
    and packages no more than 48 hours before distribution, excluding
    weekends, holidays, or exceptional circumstances.

10. Detainees in SMUs will have the same correspondence privileges as
    detainees in the general population.

11. The applicable content and procedures in this Standard will be
    communicated to the detainee in a language or manner which the
    detainee can understand.

# DIRECTIVES AFFECTED. This Detention Standard replaces Correspondence and Other Mail dated 9/12/2008.

# REFERENCES

> American Correctional Association 4th Edition, Standards for Adult
> Detention Facilities: 4-ALDF-5B-05, 5B-06, 5B-07, 5B-08, 5B-09, 5B-10,
> 2A-27, 2A-60, 6A-09.

# EXPECTED PRACTICES

## General

> Each facility shall have written policy and procedures concerning
> detainee correspondence and other mail.
>
> The quantity of correspondence a detainee may receive or send at his
> or her own expense shall not be limited. For reasons of safety,
> security and the orderly operation of the facility, non-correspondence
> mail, such as packages and publications, shall be subject to certain
> restrictions.

## Indigent Detainees

> Ordinarily, a detainee is considered \"indigent\" if he or she has
> less than \$15.00 in his or her account.
>
> Indigent detainees will be permitted to mail a reasonable amount of
> mail each week at government expense, as determined by the Facility
> Administrator, including the following:

-   At least five pieces of Special Correspondence or Legal Mail.

-   Three pieces of general correspondence.

-   Packages as deemed necessary by ICE.

## Detainee Notification

The facility shall notify detainees of its rules on correspondence and
other mail through the Detainee Handbook, or supplement, provided to
each detainee upon admittance.

> At a minimum, the notification shall specify:

1.  That a detainee may receive mail; the mailing address of the
    facility; and instructions on how envelopes should be addressed;

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12. That a detainee may send mail; the procedure for sending mail; and
    instructions on how outgoing mail must be addressed;

13. That general correspondence and other mail addressed to detainees
    will be opened and inspected in the detainee's presence, unless the
    facility administrator authorizes inspection without the detainee's
    presence for security reasons.

14. The definition of Special Correspondence and Legal Mail, including
    instructions on the proper labeling as "Special Correspondence" or
    "Legal Mail" to ensure that it is treated as privileged mail. The
    notification shall clearly state that it is the detainee\'s
    responsibility to inform senders of the labeling requirement;

15. That incoming Special Correspondence and Legal Mail may only be
    opened in the detainee\'s presence, and may be inspected for
    contraband, but not read, and that outgoing Special Correspondence
    and Legal Mail shall not be opened, inspected, or read;

16. That packages may neither be sent nor received without advance
    arrangements approved by the facility administrator, as well as how
    to obtain such approval;

17. A description of mail which may be rejected by the facility and
    which the detainee will not be permitted to keep in his or her
    possession.

18. That identity documents, such as passports, birth certificates,
    etc., in a detainee's possession are contraband and may be used by
    ICE/DRO as evidence against the detainee or for other purposes
    authorized by law; however, upon request, the detainee will be
    provided a copy of each document, certified by an ICE/DRO officer to
    be a true and correct copy; (The facility should consult ICE/DRO
    with any and all requests for identity documents.)

19. The procedure to obtain writing implements, paper, and envelopes;
    and

20. The procedure for purchasing postage (if any), and the rules for
    providing indigent and certain other detainees free postage.

> *In addition, in SPCs and CDFs, the rules notification shall be posted
> in each housing area.*

The facility shall provide key information to detainees in languages
spoken by any significant portion of the facility\'s detainee
population.

## Processing

> Detainee correspondence and other mail shall be delivered to the
> detainee and to the postal service on regular schedules.

-   Incoming correspondence shall be distributed to detainees within 24
    hours (one business day) of receipt by the facility.

-   Outgoing correspondence shall be delivered to the postal service no
    later than the day after it is received by facility staff or placed
    by the detainee in a designated mail depository, excluding weekends
    and holidays.

-   An exception may be made for correspondence or other mail that
    requires special handling for security purposes. For example, in
    exceptional circumstances, Special Correspondence may be held for 48
    hours, to verify the status of the addressee or sender.

*In SPCs and CDFs, as a routine matter, incoming mail shall be
distributed to detainees on the day received by the facility. Incoming
priority, overnight, certified mail, and deliveries from a private
package delivery service, etc. shall be recorded in a logbook maintained
by the facility with detainee signatures.*

## Packages

Each facility shall implement policies and procedures concerning
detainee packages.

> *In SPCs and CDFs, detainees shall not be allowed to receive or send
> packages without advance arrangements approved by the facility
> administrator. The detainee shall pay postage for packages and
> oversized or overweight mail.*

## Inspection of Incoming Correspondence and Other Mail

### General Correspondence and Other Mail

> All facilities shall implement procedures for the inspection of all
> incoming general correspondence and other mail (including packages and
> publications) for contraband. *In SPCs and CDFs, staff shall open and
> inspect incoming general correspondence and other mail (including
> packages and publications) in the presence of the detainee. Incoming
> general correspondence may be read to the extent necessary to maintain
> security, as authorized by the facility administrator.*
>
> *Inspection is generally for the purpose of detecting contraband. The
> reading of mail, which requires approval of the facility
> administrator, may be conducted at random. Mail may also be read when
> a specific security concern arises with respect to an individual
> detainee, including, but not limited to, to obtain such information as
> escape plots, plans to commit illegal acts, and plans to violate
> institution rules.*

### Special Correspondence and Legal Mail

> "Special Correspondence and Legal Mail" is the term for detainees'
> written communications to or from private attorneys and other legal
> representatives; government attorneys; judges, courts; embassies and
> consulates; the President and Vice President of the United States,
> members of Congress, the Department of Justice (including the DOJ
> Office of the Inspector General), the Department of Homeland Security
> Office for Civil Rights and Civil Liberties, the Department of
> Homeland Security (including U.S. Immigration and Customs Enforcement,
> the Office of Detention and Removal Operations, and the DHS Office of
> the Inspector General, ); the U.S. Public Health Service including the
> Division of Immigration Health Services; health care practitioners;
> administrators of grievance systems; and representatives of the news
> media.
>
> Correspondence shall only be treated as Special Correspondence and
> Legal Mail if the title and office of the sender (for incoming
> correspondence) or addressee (for outgoing correspondence) are
> unambiguously identified as a court or consular office or official on
> the envelope, and the envelope is labeled as "Special Correspondence"
> or "Legal Mail"
>
> All facilities shall implement procedures for inspecting Special
> Correspondence and Legal mail for contraband in the presence of the
> detainee. Detainees shall sign a logbook upon receipt of Special
> Correspondence and/or Legal Mail to verify that the Special
> Correspondence or Legal Mail was opened in their presence.
>
> Staff shall neither read nor copy Special Correspondence and Legal
> Mail. The inspection shall be limited to the purposes of detecting
> physical contraband and confirming that any enclosures qualify as
> Special Correspondence or Legal Mail.

## Inspection of Outgoing Correspondence and Other Mail

### General Correspondence and Other Mail

> Outgoing general correspondence and other mail may be inspected or
> read if:

-   The addressee is another detainee,

-   There is reason to believe the item might present a threat to the
    facility\'s secure or orderly operation, endanger the recipient or
    the public or facilitate criminal activity*.*

> *In SPCs and CDFs, the detainee must be present when the
> correspondence or other mail, including packages, is inspected, unless
> otherwise authorized by the facility administrator.*

### Special Correspondence and Legal Mail

> Outgoing Special Correspondence and Legal Mail shall not be opened,
> inspected, or read.
>
> Staff shall treat outgoing correspondence as Special Correspondence
> and Legal Mail only if the name, title, and office of the recipient
> are clearly identified on the envelope and the envelope is labeled as
> "Special Correspondence" or "Legal Mail."

## Rejection of Incoming and Outgoing Mail

> All facilities shall implement policies and procedures addressing
> acceptable and non-acceptable mail. Detainees may receive as
> correspondence any material reasonably necessary for the detainee to
> present his or her legal claim, in accordance with this standard.
>
> Incoming and outgoing general correspondence and other mail may be
> rejected to protect the security, good order, or discipline of the
> institution; to protect the public; or to deter criminal activity.
>
> When incoming or outgoing mail is confiscated or withheld (in whole or
> in part), the detainee shall be notified and given a receipt.
>
> The facility administrator shall ordinarily consult a religious
> authority before the confiscation of a religious item that is "soft"
> contraband.
>
> *In SPCs and CDFs, correspondence and publications that may be
> rejected include, but are not limited to:*

1.  *Material depicting activities that present a significant risk of
    physical violence or group disruption, for example, material dealing
    with the subjects of self-defense or survival, weaponry, armaments,
    explosives, or incendiary devices;*

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21. *Information regarding escape plots, plans to commit illegal
    activities or to violate ICE/DRO rules or facility guidelines;*

22. *Information regarding the production of drugs or alcohol;*

23. *Sexually explicit material that is obscene or prurient in nature;*

24. *Threats, extortion, obscenity, or gratuitous profanity;*

25. *A cryptographic or other surreptitious code that may be used as a
    form of communication;*

26. *Other contraband. A package received without the facility
    administrator's prior authorization is considered contraband.*

    *Both sender and addressee shall be provided written notice, signed
    by the facility administrator, with explanation, when the facility
    rejects incoming or outgoing mail.*

    *A detainee may appeal rejection of correspondence through the
    Detainee Grievance System.*

> *Rejected mail shall be considered contraband and handled as detailed
> below.*

## Contraband Recording and Handling

> When an officer finds an item that must be removed from a detainee's
> mail, he or she shall make a written record that includes:

-   The detainee\'s name and A-number,

-   The name of the sender and recipient,

-   A description of the mail in question,

-   A description of the action taken and the reason for it,

-   The disposition of the item and the date of disposition, and

-   The officer's signature.

> Prohibited items discovered in the mail shall be handled as follows:

-   A receipt shall be issued to the detainee for all cash, which shall
    be safeguarded and credited to the detainee's account in accordance
    with the Detention Standard on **Funds and Personal Property**.

-   Identity documents, such as passports, birth certificates, etc.,
    shall be placed in the detainee\'s A-file. Upon request, the
    detainee shall be provided with a copy of the document, certified by
    an ICE/DRO officer to be a true and correct copy.

-   Other prohibited items found in the mail shall be handled in
    accordance with the Detention Standard on **Contraband**. However,
    at the discretion of the facility administrator, soft contraband may
    be returned to the sender.

-   The facility administrator shall ensure that facility records of the
    discovery and disposition of contraband are accurate and current.

## Postage Costs

> The facility shall generally not limit the amount of correspondence
> detainees may send at their own expense, except to protect public
> safety or facility security and order.
>
> The facility shall provide a postage allowance at government expense
> under two circumstances:

-   To indigent detainees, and

-   To all detainees, if the facility does not have a system for
    detainees to purchase stamps.

> Free postage is generally limited to letters weighing one ounce or
> less, with exceptions allowed for Special Correspondence; however, in
> compelling circumstances, the facility may also provide free postage
> for general correspondence and other mail.
>
> Detainees, who qualify for a postage allowance as defined above, shall
> be permitted to mail at government expense:

-   A reasonable amount of mail each week, including at least five
    pieces of Special Correspondence and three pieces of general
    correspondence.

-   A reasonable amount of correspondence related to a legal matter,
    including correspondence to a legal representative, potential legal
    representative, and any court, as determined by the Facility
    Administrator.

-   Packages containing personal property, when the facility
    administrator determines that storage space is limited and that
    mailing the property is in the government\'s best interest. See the
    Detention Standard on **Funds and Personal Property** for detailed
    information.

## Writing Implements, Paper, and Envelopes

The facility shall provide writing paper, writing implements and
envelopes at no cost to detainees.

## Detainees in Special Management Units

All facilities shall have written policy and procedures regarding mail
privileges for detainees housed in a Special Management Unit.

> Detainees in administrative or disciplinary segregation shall have the
> same correspondence privileges as detainees in the general
> population*.*

## Correspondence with Representative of the News Media

A detainee may use Special Correspondence to communicate with
representatives of the news media.

> A detainee may not receive compensation or anything of value for
> correspondence with the news media, including, but not limited to,
> publishing under a byline. A detainee may not act as a reporter.
>
> Representatives of the news media may initiate correspondence with a
> detainee; however, it shall be treated as Special Correspondence only
> if the envelope is properly addressed with the name, title, and office
> of the media representative with reporter name, title, office and
> publication and clearly labeled as "Special Correspondence."

## Notaries, Certified Mail, and Miscellaneous Needs Associated With Legal Matters

If a detainee without legal representation requests certain services in
connection with a legal matter, such as notary public or certified mail,
and has no family member, friend, or community organization to provide
assistance, the facility shall assist the detainee in a timely manner.

> If it is unclear whether the requested service is necessary in pursuit
> of a legal matter, the respective Chief Counsel should be consulted.
>
> **O. Facsimile Communication**
>
> When timely communication through the mail is not possible, the
> Facility Administrator may in his or her discretion allow for a
> reasonable amount of communication by means of facsimile device
> between the detainee and his or her designated legal representatives.

**Standard Approved:**

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

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

**James T. Hayes, Jr Date**

**Director**

**Office of Detention and Removal Operations**