3
been working together with local law enforcement to pick up “absconders.” This can happen
anywhere including at the border or even if you are stopped for a traffic violation.
Detention Facilities: ICE operates or has contracts with detention facilities all over the country.
Some facilities are used exclusively for people seeking political asylum. Most detainees are held
in local jails that are paid a fee by the government for holding detainees. ICE has the authority to
detain you in any facility it wishes, even if it is in different state than your home.
Conditions of Detention and Grievances
ICE has adopted 38 standards for the immigration detention system covering issues including but
not limited to access to counsel, religious services, medical care, food, visitation, and telephone
access, which are to be observed by any facility housing immigration detainees. These standards,
however, are not binding regulations. A copy of these standards are supposed to be available to
you at the facility where you are detained.
Making a Grievance (The following information on grievance procedures is adapted from
recommendations of the American Bar Association Committee on Immigration available at
http://www.abanet.org/immigprobono/grievance.html
According to the detention standards, a grievance must be made to the Officer-In-Charge at the
facility within five days of the event. You may make your grievance orally, but it is always better
to do so in writing. You should send a copy of your grievance to the ICE Field Office Director.
ICE has a particular Detainee Grievance Form that you can use, but it is possible that your
facility has its own form.
In making a grievance you should give all relevant details and be specific: When and where did
the event or problem happen? Give the time, date, and location of the event. Who was involved?
Give the names of all actors and witnesses, and include their alien registration numbers (“A
numbers”) and countries of origin if you know. Give the names and positions of the officials
involved, and if you do not know them, give physical descriptions (e.g. rank, height, weight, hair
color, clothes, uniform color). What happened? Describe in detail exactly what happened and the
physical and mental impact it had on you. If you were hurt, did you receive any medical care?
What was the doctor’s diagnosis? If you have been hurt, ask officials (or contact an attorney) to
take pictures of your injury.
The Officer-In-Charge must give you a written decision on your complaint within five working
days. If you do not accept the decision of the Officer-In-Charge, you may appeal to the Detainee
Grievance Committee which must provide you with a written response to the complaint within
five working days. You can appear in person before the Detainee Grievance Committee to
present your own evidence including witnesses, answer questions, and respond to conflicting
evidence or testimony. If you do not accept the decision of the Detainee Grievance Committee,
you may appeal again to the Officer-In-Charge who must issue a decision within five working
days and explain the reasons for making the decision. The Officer-In-Charge’s decision is final