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Grievance in ICE Facilities. Eliminating a simple yet powerful risk factor.

Writer's picture: Alex H BereaAlex H Berea

A blank grievance form on a desk, symbolizing the formal grievance process in detention facilities, with a gavel and justice scales representing legal fairness and compliance. The image conveys the structured steps detainees follow to report issues, ensuring their rights are addressed through the proper channels.
Grievance procedure - ICE Facilities - Image generated by Dall-E

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


Details the languages spoken among US immigrants as of 2018. Pew Research Center
Languages spoken among US Immigrants, 2018

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

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