
In our previous post we explored the implications of the Grievance procedure for ICE Detention facilities. In this post, we will outline some of the most important elements that a Grievance section of the Detainee Handbook must contain, including "simple language" translations into Spanish to reduce the growing legal liabilities arising from Title VI complaints using Language Access as a foundation.
The Grievance section of the Facility-specific Detainee Handbook* is a critical component that must ensure clear communication of detainees' rights and the procedures they must follow to file complaints within the facility where they are detained. Its important to note that the grievance procedure for the Detention facility is different from the ICE grievance procedure, since each facility will have a specific team and set of rules to be followed to report grievances that occur in the facility at any given time.
Below are the key sections that should be featured based on ICE detention standards and best practices for compliance:
1. Definition of a Grievance.
A clear and simple explanation of what constitutes a grievance, helping detainees understand which issues can be filed, such as mistreatment, medical negligence, violation of rights, or living conditions.
Such definition should include examples of the types of grievances, where examples of frivolous grievances should be included to reduce risk of Title VI complaints.
Key Spanish terms:
Grievance = Queja
Mistreatment = Maltrato
Medical negligence = Negligencia médica
Violation of rights = Violación de derechos
Living conditions = Condiciones de vida
2. Types of Grievances (Emergency vs. Standard)
Emergency Grievances: Explain the process for filing an emergency grievance when the detainee believes there is immediate danger to their health or safety. This section should specify that such grievances will receive immediate attention from a facility supervisor.
Standard Grievances: Outline the steps for standard grievances, which might include issues related to general conditions, staff treatment, or access to resources.
Key Spanish terms:
Emergency grievance = Queja de emergencia
Standard grievance = Queja estándar
Health or safety danger = Peligro para la salud o seguridad personal
General conditions = Condiciones generales
Staff treatment = Trato por parte del personal
3. Procedure for Filing a Grievance
This section should explain and encourage for an informal grievance process, where detainees and staff take all reasonable efforts to resolve the grievance through informal mechanisms. This section should clearly explain the nature of a formal grievance process, including a facility-specific grievance form, which, if available in multiple languages, printed or in fillable PDF format, which will not only facilitate the documentation requirement specified in every single PBNDS Standard, but it will also allow for significant savings in billable Language Line time when a detainee needs interpretation to fill an English Grievance form.
The Formal Grievance Procedure should detail step-by-step instructions on how to file a grievance, including where to obtain the forms, who to submit them to, and the timeframe for filing.
- Provide information on how detainees can get help with filing grievances, including assistance for those who are illiterate, disabled, or non-English speaking.
Key Spanish terms:
Form = formato
Grievance classification = Tipo de queja
Acknowledgement = reconocimiento (see context for a more accurate term)
4. Appeal Process
ICE Standards clearly require that Grievance procedures should include at least one (1) level of appeal.
Guidelines on how to appeal if a detainee is unsatisfied with the outcome of their grievance should be included. This section should specify the timeframe for each of the levels of appeal, and the person or committee responsible for reviewing appeals.
Key Spanish terms:
Appeal = Apelación
Timeframe = Plazo
Review committee = Comité de revisión
Levels of appeal = Niveles de apelación
5. Confidential and Sensitive Grievances
Instructions for detainees on how to submit sensitive or confidential grievances, such as those related to personal safety or sexual misconduct. Detainees should be allowed to seal these grievances in an envelope and submit them directly to the facility administrator or a designated individual.
Key Spanish terms:
Confidential grievance = Queja confidencial
Sensitive grievance = Queja de naturaleza delicada
Personal safety = Seguridad personal
Sexual misconduct = Conducta sexual inapropiada
Facility administrator = Administrador del centro
6. Language Access and Assistance
This is the weakest link in the entire process due to many factors. Detention facilities will often overlook the need to have all the Vital Documents related to the Grievance Procedure available in the languages spoken by detainees, which in turn results, effectively in an increased number of lawsuits under Title VI. Incidentally, this item also becomes the backbone of successful complaints against the Facility staff, because oral explanations using the Language Line can easily be misconstrued when filling and following the Process.
Two top tips that will dramatically improve the quality and compliance of the Grievance procedure are:
Ensure that this section explicitly mentions the availability of translation and interpretation services for detainees who are not proficient in English.
Ensure that all forms and procedures are translated into the main languages spoken by ICE Detainees.
Key Spanish terms:
Language access = Acceso al idioma
Interpretation services = Servicios de interpretación
Translation services = Servicios de traducción
Vital documents = Documentos vitales
Oral explanations = Explicaciones orales
Information provided by Pew Research Center. *
In this particular regard, it is strongly recommended to use a Correctional Language firm to confirm an understandable level of accuracy of the documents translated, following the Simple Language guidelines established for Federal recipients.
7. Record Keeping and Documentation
Explain the facility’s obligation to keep records of all grievances and their outcomes, as well as the procedures for documenting interactions and resolutions. This section ensures transparency and accountability, which is essential during inspections and audits.
Key Spanish terms:
Record keeping = Registros
Documentation = Documentación
Inspections = Inspecciones
Audits = Auditorías
Outcomes = Resultados
8. Prohibition of Retaliation
A clear statement that prohibits any form of retaliation against detainees for filing a grievance. This section should reassure detainees that filing complaints will not lead to negative consequences and explain the steps to take if they believe they are being retaliated against.
Key Spanish terms:
Retaliation = Represalia
Filing a grievance = Presentar una queja
Negative consequences = Consecuencias negativas
9. Timelines for Resolution
Specific timelines for the facility to respond to both emergency and non-emergency grievances. For example, emergency grievances should be addressed immediately, while standard grievances should have a resolution within a reasonable number of working days (e.g., five working days).
Key Spanish terms:
Emergency grievance resolution = Resolución de queja de emergencia
Non-emergency grievance = Queja no urgente
Working days = Días hábiles
The Grievance section of the Facility-specific handbook is top in the Staff-Detainee Relations priorities, mostly because of the potential legal and compliance consequences.
See the entire GRIEVANCE SYSTEM document published by ICE: https://www.ice.gov/doclib/dro/detention-standards/pdf/grievance_system.pdf
*See section II. 1 of the ICE-ERO GRIEVANCE SYSTEM. https://www.ice.gov/doclib/dro/detention-standards/pdf/grievance_system.pdf
*Languages spoken by immigrants. https://www.pewresearch.org/chart/languages-spoken-among-u-s-immigrants-2018/
ICE Language Access Plan. https://www.dhs.gov/sites/default/files/publications/ice_supplemental_language_access_plan_07-21-20_508.pdf
See ICE fails to provide detainees with language interpretation required by its own rules. https://www.lexisnexis.com/community/insights/legal/immigration/b/outsidenews/posts/study-ice-fails-to-provide-detainees-with-language-interpretation-required-by-its-own-rules
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