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Strategies for Representing Clients in Removal Proceedings

Strategies

Representing Clients in Immigration Court provides you with tips and advice on everything from the elements of immigration court proceedings to the impact of the latest Supreme Court decisions.

Detention Standards Violations Complaint Process (Updated 12/12/07)

Cite as "AILA InfoNet Doc. No. 07110731 (posted Nov. 7, 2007)"

How do I complain to authorities about detention standards violations and other abuses? Why is it important that I do this?

DHS has established a streamlined and straight-forward procedure for voicing complaints about detention standard violations. Following these procedures provides DHS with the opportunity to remedy the violations. It also allows for further constructive advocacy on issues that are not resolved. In addition to reporting the violations to the appropriate DHS authorities below, we hope you will send a copy of your complaint to the National Immigrant Justice Center so that advocates can track how DHS is responding to complaints

Report Violation to Local ICE: Try to resolve any detention standards violation with your local ICE offices. Document those attempts and ICE's response even if such documentation is quite simple (e.g., copies of e-mail correspondence; notation of a phone call, message left, and whether the call was returned).

If Violations Are Unresolved At the Local Level, Report the Problem to ICE Headquarters: If the local authorities are non-responsive or fail to take appropriate action in a timely manner, report the problem to ICE headquarters. Such grievances should be submitted in writing or by e-mail and contain detailed information about the issue at hand and all prior attempts to solve the problem with local authorities.

Please direct these complaints to:

Mary Loiselle, Acting Deputy Assistant Director,
Detention Management Division,
ICE Office of Detention and Removal,
801 "I" Street, Suite 980, NW,
Washington, D.C. 20536.

Tel: (202) 732-2912;
Fax: (202) 616-8702;
E-mail: Mary.Loiselle@dhs.gov

For complaints concerning medical and mental health care, advocates should copy:

Captain Philip Jarres,
Branch Chief of Field Operations for the United States Public Health Service,
1220 L Street NW, Suite 500,
Washington DC 20005
Tel: 202.732.0100;
E-mail: philip.jarres@dhs.gov

File a complaint with the DHS Office for Civil Rights and Civil Liberties (OCRCL): Complaints on detention standards violations that are unresolved at the local level should also be filed with the DHS Office for Civil Rights and Civil Liberties. Complaints should be submitted in writing or e-mail to:

Department of Homeland Security,
245 Murray Lane, SW, Building
410 Mail Stop #0800,
Office for Civil Rights and Civil Liberties Review and Compliance Unit
Washington, DC 20528.

For packages/overnight deliveries, contact the office at:

Tel: 202.401.1474,
202.401.0470 (Local TTY);
Toll Free: 1.866.644.8360,
1.866.644.8361 (TTY);
E-mail: civil.liberties@dhs.gov

In addition, complaints that relate to abuses by ICE and other law enforcement officials; profiling on the basis of race, ethnicity, or religion; and other due process violations should be sent to OCRCL at this address as well.

Website: http://www.dhs.gov/xabout/structure/editorial_0373.shtm

After reporting a detention-related complaint to DHS, PLEASE send a copy to the National Immigrant Justice Center. This allows advocates to track the process: The National Immigrant Justice Center will keep a record of all issues brought to ICE headquarters and OCRCL. Please send a "bcc" of your e-mail correspondence, or a hard copy of any other correspondence, to:

Tara Magner,
National Immigrant Justice Center,
208 S. LaSalle Street, Suite 1818,
Chicago, IL 60604.
Tel: 312.660.1363;
Fax: 312.660.1505;
E-mail: tmagner@heartlandalliance.org

Updated November 2007

 
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