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Original Date Announced
December 2, 2019ICE issues the 2019 National Detention Standards (NDS), which supersede the 2000 version. These revised NDS eliminate or greatly reduce a number of prior standards, including for “Emergency Plans; Marriage Requests; Non-Medical Emergency Escorted Trips; Contraband; Population Counts; Key and Lock Control; and Tool Control.” Per ICE, “descriptions of ICE’s responsibilities and commitments to its detainees have been removed throughout.” The standards apply to only some ICE jails: "the approximately 45 Intergovernmental Service Agreement (IGSA) facilities currently operating under the [2000] NDS, approximately 35 United States Marshals Service (USMS) facilities used by ICE and which ICE inspects against the NDS, as well as approximately 60 facilities (both IGSA and USMS) which do not reach the threshold for ICE annual inspections – generally those with an Average Daily Population of less than 10." [ID #448]
ICE 2019 National Detention StandardsEffective Date
December 2, 2019Biden Administration Action: Modified
April 5, 20222022.04.05 Identification, Communication, Recordkeeping, and Safe Release Planning for Detained Individuals with Serious Mental Disorders or Conditions and/or Who Are Determined to Be Incompetent By An Immigration Judge
This Biden administration action modifies the Trump-era policy identified in this entry.
On April 5, 2022, Acting ICE Director Tae Johnson promulgated ICE Directive 11063.2: "Identification, Communication, Recordkeeping, and Safe Release Planning for Detained Individuals with Serious Mental Disorders or Conditions and/or Who Are Determined to Be Incompetent By An Immigration Judge" in order to "focus[] on the identification, treatment, and monitoring of this particularly vulnerable population."
View DocumentBiden Administration Action: Modified
July 14, 2022ICE Directive 11064.3: Interests of Noncitizen Parents and Legal Guardians of Minor Children or Incapacitated Adults
This Biden administration action modifies the Trump-era policy identified in this entry.
On July 14, 2022, Acting ICE Director Tae Johnson promulgated Directive 11064.3 regarding the Interests of Noncitizen Parents and Legal Guardians of Minor Children or Incapacitated Adults. The directive placed affirmative requirements on ICE personnel to, "upon . . . first encounter with a noncitizen . . . inquire about parental or legal guardian status" in order to improve record keeping and preserve the legal rights of guardians/parents and their minor children or incapacitated adults in their care. With respect to detention, the directive creates rules pertaining to initial placement and subsequent transfers and contact visits by minor child(ren).
View DocumentCurrent Status
Fully in EffectMost Recent Action
July 14, 2022 Action: Modified ICE Directive 11064.3: Interests of Noncitizen Parents and Legal Guardians of Minor Children or Incapacitated AdultsApril 5, 2022Acted on by Biden Administration
July 14, 2022Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: DetentionAgencies Affected: ICEPre Trump-Era Policies
- January 1, 2011 2011 ICE Performance-Based National Detention Standards (PBNDS 2011)
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December 1, 2016
In 2016, ICE revised a number of the detention standards to ensure consistency with federal legal and regulatory requirements as well as prior ICE policies and policy statements. The 2011 PBNDS were improved in 2016 but only apply to a small subset of the population.
Summary of Revisions to the ICE Performance-Based National Detention Standards, December 2016
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
2019 National Detention Standards for Non-Dedicated Facilities
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Prior Policy
Original Source:
2011 ICE Performance-Based National Detention Standards (PBNDS 2011)
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Prior Policy
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Commentary
Original Source:
Summary of Changes to ICE National Detention Standards
Commentary
ICE Revises Its Standards for Some Detention Facilities
Go to article on immigrationimpact.comSummary of Changes to ICE National Detention Standards
This table summarizes substantive changes made to ICE’s National Detention Standards (NDS), and compares the version officially released on December 19, 2019 (NDS 2019), with the prior and initial version released in September 2000 (NDS 2000). This table does not track differences between the NDS 2019 and ICE’s Performance-Based National Detention Standards (PBNDS).
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