Juvenile Repatriation Practices at Border
Patrol Sectors on the Southwest Border
Report Number I-2001-010
The Border Patrol stations are equipped with holding cells, not detention cells. These holding cells are intended to detain apprehended aliens in a safe and secure environment while they are processed for repatriation or removal to a detention facility. Holding cells are not equipped with sanitary or comfort facilities to properly accommodate detainees for extended periods of time. Unlike holding cells, detention cells are designed and intended as living quarters for detainees.
The American Correctional Association (ACA) Standards for Juvenile Detention Facilities, the ACA Standards for Small Juvenile Detention Facilities, the INS Detention Standards, and the INS Juvenile Protocol Manual specify requirements for detention facilities. However, they do not apply to the holding cells at the Border Patrol stations.
According to the INS Detention Standard, Hold Rooms in Detention Facilities, there are basic provisions that must be met for detainees:
There are different detention standards when a detainee is kept overnight or for a period of time longer than 24 hours. The INS Juvenile Protocol Manual addresses the issue of juveniles unable to be immediately released:
"If a juvenile cannot be immediately released, and no licensed program is available for immediate placement, s/he may be held by INS authorities in an INS contract facility with separate accommodations for juveniles, or in a state or county juvenile detention facility that separates them from delinquent offenders."
The INS Detention Standard and Juvenile Protocol Manual are in accordance with the ACA with respect to facilities. The Juvenile Protocol Manual outlines the physical structure for juvenile housing as stated by the ACA, which requires the following:
The ACA Standards for Juvenile Detention Facilities and the ACA Standards for Small Juvenile Detention Facilities recommend written policy and procedures requiring that articles necessary for maintaining proper personal hygiene are provided to all juveniles (3-JDF-4B-14 and 1-SJD-4B-13). Personal hygiene articles include soap, toothbrush, toothpaste, toilet paper, and feminine hygiene products.