us-el-centro-detainee-transfer-sop-2004, Wikileaks, Compleat Wikileaks Archive, Misc [ Pobierz całość w formacie PDF ]
EL CENTRO SERVICE PROCESSING CENTER
STANDARD OPERATING PROCEDURES
DETAINEE TRANSFER
I.
POLICY
The Service Processing Center, El Centro, will make all necessary notifications when a detainee(s)
is transferred. If the detainee(s) is being transported by Justice Prisoner Alien Transportation
System (JPATS), this facility will adhere to JPATS protocols. In deciding whether to transfer a
detainee, this facility will take into consideration whether the detainee is represented before the
immigration court. In such cases, Field Office Directors will consider the detainee’s stage within
the removal process, whether the attorney of record is located within reasonable driving distance
of the detention facility, and where the immigration court proceedings are taking place.
II.
APPLICABILITY
This Standard Operating Procedure (SOP) pertains to all detainee transfers taking place at the El
Centro Service Processing Center, at 1115 N. Imperial Ave., El Centro, California, 92243.
III.
STANDARDS AND PROCEDURES
A.
Notification Procedure
1.
Attorney: When legal counsel represents a detainee, and a G-28 has been filed, this facility
shall notify the detainee’s representative of record that the detainee is being transferred
from one location to another. This notification shall be recorded in the detainee’s A-file, if
available, or work file and the notification shall be notated in the comments screen in
DACS. For security purposes, the attorney shall not be notified of the transfer until the
detainee is en route to the new location. The notification will include the reason for the
transfer and the name, address, and telephone number of the receiving facility. In the
interest of safety and security, the notification will not include specific travel details, (e.g.,
the day of travel, mode of travel, etc.). Where special security concerns exist (e.g., the
detainee has a serious criminal history), the Officer in Charge has discretion to delay the
notification, but only for a period of time that is justified by security concerns.
Detainee Transfer
October 25, 2004
Standard Operating Procedures
1
2.
Family: It will be the responsibility of the attorney of record or the detainee to notify any
family members, if so desired.
3.
Detainee: For security purposes, specific plans and time schedules shall never be
discussed with the detainee involved. The detainee shall not be notified of the transfer
until immediately prior to leaving the facility. At that time, the detainee shall be notified
that he is being moved to a new facility within the United States, and not being deported.
Reasonable efforts should be made to make this communication in a language the detainee
understands. Following transfer notification, the detainee shall normally not be permitted
to make or receive any telephone calls or have contact with any detainee in the general
population until the detainee reaches the destination facility. In certain cases, the detainee
may be housed under Administrative Segregation 24 hours prior to being transferred, in
accordance with the Administrative Segregation Standard Operating Procedure.
At the time of the transfer, staff will provide the detainee, in writing, with the name,
address, and telephone number of the facility he is being transferred to. The Detainee
Transfer Notification Sheet shall be used for this purpose. The detainee will also be
instructed that is his responsibility to notify family members. A copy of the Detainee
Transfer Notification Sheet will be placed in the detainee’s detention file.
B.
Types of Transfers
The following are examples of situations in which a transfer may occur:
Medical – The Division of Immigration Health Services (DIHS) has the authority to
recommend that a detainee in need of specialized or long-term medical care be transferred
to a facility that can meet those needs. The DIHS Medical Director or designee must
approve transfers for medical reasons in advance. Medical transfers will be coordinated
through the local ICE office of jurisdiction using established procedures.
Change of Venue – A change in venue by the Executive Office of Immigration Review
from one jurisdiction to another.
Recreation – When the required recreation is not available, a detainee will have the option
of transferring to a facility that offers the required recreation. For specific policy and
procedures, see the Recreation Standard.
Detainee Transfer
October 25, 2004
Standard Operating Procedures
2
Security – Security transfers are conducted, for example, when the detainee becomes a
threat to the security of the facility, e.g., the detainee is violent or has caused a major
disturbance or is threatening to cause one, or a situation exists that is threatening to staff or
other detainees and cannot be controlled through the use of segregation housing. In these
cases, detainees may be transferred to a higher-level facility.
Other Needs of ICE – Detainees may be transferred to other facilities for various reasons,
such as to eliminate overcrowding or to meet special detainee needs, etc.
C.
Request for Bed/Designation
Field offices that routinely transfer cases between each other should set up a means of
communication so that the “receiving field offices” will provide the “sending field offices”
with information regarding available bed space on a daily basis. In addition, these field
offices should provide the names and contact numbers for the staff responsible for
handling the transfer of cases. Field offices are encouraged to communicate directly with
each other to ascertain bed space availability. HQ Detention and Removal Operations
(DRO) are available to assist a field office that has attempted to independently locate beds
with no success.
Field offices seeking bed space in other field offices should phone or email a request (with
a follow up phone call) with sufficient details of the case to the designated field office
contact. Once an office has preliminarily agreed to accept a case from another office, the
following procedures should be followed:
1.
Prepare And Fax Form I-216 To The Receiving Field Office
Form I-216 should be prepared, ensuring all boxes are completed. Please note the
following with regard to completion of the I-216:
a.
If there is a question of whether or not a detainee is a juvenile, a copy of the age
verification documentation shall be attached.
b.
Please clearly annotate criminal or aggravated felon status, any medical/mental
problems or security risks. If there are medical/mental problems or medication,
either the JPATS Form USM-553 or an I-794 (In-Processing Health Screening
Form) should accompany the I-216 as an attachment. Security concerns must be
outlined in detail on a separate page and be attached to the I-216.
Detainee Transfer
October 25, 2004
Standard Operating Procedures
3
No other forms (other than those mentioned) will be accepted for recording the
persons/property transferred.
If an IGSA within the receiving field office requires that their medical unit review medical
histories of transfer cases prior to acceptance, then a method of providing that
documentation to the IGSA must be arranged between the receiving field office and
sending field office.
2.
Receiving Office Confirms Acceptance of the Case
The receiving field office will review the I-216 to ensure the case(s) being accepted
is consistent with what was previously discussed/emailed. If there are any issues
that were not previously relayed to the receiving field office by the sending field
office, the receiving field office will notify the sending field office that it may
decline the transfer(s) unless the issues(s) are resolved.
Once the receiving field office has finally accepted the transfer, a mutually
agreeable estimated time of arrival will be provided to the receiving field office
either via telephone or email.
The sending field offices WILL NOT SUBSTITUTE any detainees on the I-216
unless prior approval from the receiving field office has been obtained.
D.
Preparation and Transfer of Records
The following records will be completed prior to any field office transferring a detainee to
another field office, and the records will accompany the detainee to the receiving facility.
The Detainee Transfer Checklist shall be filled out in order to ensure that all procedures
are completed, and shall be placed in the detainee’s A-file or work folder. If any
procedure cannot be complete prior to the transfer of the detainee, that transfer will not
take place unless the authorized official at the receiving field office has expressly agreed to
waive that portion of the procedure. This waiver should be noted on the checklist.
1.
Alien File
Prior to transfer, the A-file will be obtained and put in good order. File
consolidations will be completed prior to transfer. The sending field office will
Detainee Transfer
October 25, 2004
Standard Operating Procedures
4
complete any necessary file jacket repairs. All documents and forms will be
attached on the proper side of the A-file. IF the sending field office has been
unable to obtain the A-file, that detainee should not be transferred to another field
office until such time as the file is located. Exception: If the receiving field office,
before the transfer takes place, accepts a proper work folder.
The work folder should include, at minimum, certified copies of convictions,
printouts of the Central Index System (CIS), Deportable Alien Control System
(DACS), the FBI’s National Crime Information Center (NCIC) database, copies of
the EOIR’s record of proceedings, as well as new photographs and fingerprints.
Copies of the following information should also be included if applicable: Non-
Immigrant Information System (NIIS), Computer Linked Application Information
Management System (CLAIMS), National Automated Immigration Lookout
System (NAILS), Reengineered Naturalization Application Casework System
(RNACS), and Refugee Asylum Processing System (RAPS).
Any other obtainable documents requested by the receiving field office.
The A-file/work folder will include copies of the following properly executed
documents that will be fastened to the top right side of the file:
a.
I-216 (appropriate copies of I-77 and G-589 attached)
b.
USM-553 or local transfer summary form
c.
Original or photocopy of I-203/203A
d.
Detainee Transfer Check list
e.
Age verification documents (if applicable)
f.
A 3.5” computer disc with all previous Post Order Custody Reviews
(POCRs) and travel document requests will be placed in a property
envelope that is fastened to the file.
g.
Classification Sheet
The A-file or work folder will accompany the transfer. Under certain
circumstances the receiving field office may request that the A-file or work folder
be shipped overnight express to a particular location. If requested, the sending field
office will overnight it no later than the business day following the transfer. Any
significant delays in the arrival time of the detainees or their files should be
communicated to the receiving field office as soon as possible.
2.
Charging Documents/Record of Proceeding
Detainee Transfer
October 25, 2004
Standard Operating Procedures
5
[ Pobierz całość w formacie PDF ]