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ICE issues 2019 detention standards

  1. Original Date Announced

    December 2, 2019

    ICE 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 Standards
  2. Effective Date

    December 2, 2019
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  4. Biden Administration Action: Modified

    April 5, 2022

    2022.04.05 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."

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Current Status

Partially in effect
April 5, 2022
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Detention
Agencies Affected: ICE

Pre Trump-Era Policies

Commentary

  • ICE Revises Its Standards for Some Detention Facilities

    Go to article on immigrationimpact.com
  • Summary 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).

    Go to article

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