Alleged Deception of Congress: The Congressional Task Force on Immigration Reform's
Fact-finding Visit to the Miami District of INS in June, 1995

III.   The Allegations Concerning Krome

A.The Temporary Reduction of Krome's Population for the Task Force Visit

The Complaint alleged that on June 9 and 10, 1995, INS managers caused 149 alien detainees (or almost 40 percent of the population [ The percentage reduction is calculated based upon the total population of 407 detainees as of 12:03 a.m. on June 9, 1995, as recorded in Krome's handwritten processing log. This number has, however, been determined by OIG Audit Division employees to be inaccurate as a result of a mathematical error in the processing log. The true number of aliens at Krome at that time was 410. ( See Section III.A.4.e.(2)).] ) to be moved out of Krome through temporary transfers, releases, and deportations. The Complaintalleged that some aliens who were classified as transfers were not actually transferred, but were, in fact, sent on bus trips to Key West or Tampa, given lunch, and returned to Krome. With regard to those aliens who were released, the Complaint asserted that one-third of those detainees were paroled into the community despite their having used fraudulent documents or having arrived into the United States without documentation. The Complaint also suggested that detainees were released from Krome with unknown criminal and medical histories. The Complaint asserted that INS management reduced Krome's population to purposefully deceive Congress regarding everyday conditions at Krome, which is "understaffed and usually way over capacity," and to present "an image . . . that the Miami District is well-managed and under control." The Complaint further alleged that taxpayer dollars were expended to further those objectives.

In his initial response to the allegations, Miami District Director Cadman acknowledged that during the two days preceding the Task Force's visit, 83 alien detainees were transferred, 61 detainees were released, and others were deported. The District did not provide the exact number of deportations. The District, however, denied that detainees were moved out of Krome "with an eye toward 'deceiving' the members of the Task Force" about overcrowded conditions. On the contrary, the District implied that the detainee movements were in accordance with "established practice," were undertaken "to maintain appropriate health and safety levels," and were "not unusual."

To ascertain the truth of the allegations and the accuracy of INS's response, OIG obtained, reviewed and analyzed relevant records and electronic data, and conducted interviews to determine the facts about the movements of detainees. Specifically, we determined the identity, case number (A-File), destination, and the relevant case status of alien detainees who were transferred out of and released from Krome between June 8 and June 10, 1995.

OIG also obtained data and testimony to evaluate whether the population transfers at issue were routine or unusual. To do so we obtained data for the one-year period from August 1, 1994 to July 31, 1995 from Krome's local computer system (beginning from the inception of the system) relating to Krome's population levels, including the number of aliens entering and leaving the facility on a daily basis. We tested the accuracy of Krome's local computer system for tracking alienpopulation and movement and determined that the system was highly unreliable. [ In order to test Krome's local computer system, we compared Krome's daily custody reports for June 9, 1995, June 10, 1995, and June 12, 1995, from the computer system with the related pages of the processing log. The processing log is a handwritten, contemporaneously compiled listing of the daily movements of each alien to and from Krome. For the dates included in the test, we found that the processing log recorded 66 aliens r eleased and 9 aliens admitted who were not listed on the computerized daily custody report. Accordingly, for the days reviewed, the local computer system was 38 percent inaccurate as to releases and 12 percent inaccurate as to admissions. Inaccuracies in the system were attributed by Krome supervisory detention and line personnel to human or system error. The Krome processing log was considered to be the most accurate available record. However, in cross-checking information contained in the processing log with records obtained from other INS and non-INS detention centers and other Krome records, many discrepancies were apparent as to the times and locations of alien transfers.] Since, however, the information contained in the local computer system was used by INS District management officials, OIG generated graphs based on that information showing the fluctuation of Krome's detainee population over the year beginning August 1, 1994, and inquired into the reasons for some of the p eaks and valleys in the population levels reflected in the graphed data.

In light of the unreliability of the local computer system, we conducted an extensive review of four months of the handwritten Krome processing logs and daily reports showing alien movement by group (Forms G-22.5) and entered that information into a new data base, effectively creating a more accurate version of the local computer system for the period between March 1995 and June 1995. [ In order to accomplish that task, OIG entered 42,309 attributes or pieces of information for 4,701 aliens from the processing log into the new data base. That information then had to be verified to ensure statistical accuracy. The project occupied seven OIG Audit Division employees for approximately 35 work days for nearly a month.] Using the corrected data obtained from the processing logs, we also generated graphs showing the daily fluctuations attributable to alien movements over the aforementioned four-month period. The OIG also conducted a study of Krome's pattern of use of certain INS and non-INS detention facilities over a four-month period and the time required to transfer detainees to those facilities. Moreover, we determined the time required to transfer aliens to such facilities and obtained testimony regarding the customary practices at Krome relating to transfers, releases, voluntary departures, medical clearances and criminal history checks.

Finally, OIG compared the data and information outlined above with the facts relating to the alien movements at or around the time of the Delegation's visit to determine whether such movements were consistent with Krome's history, custom, and practice. We reviewed all available alien and detention files of the aliens released from Krome to determine the basis for their movement and theidentity of the decision-maker. In addition, available court and Krome records (whether computerized or manually maintained), were reviewed to assist in analyzing whether certain alien movements just prior to and following the Delegation's visit conformed to customary practices at Krome. All alien files of released aliens were examined to determine whether medical clearances and criminal checks had been completed prior to release. Furthermore, we interviewed all INS employees and managers who worked at Krome in preparation for and during the Delegation's visit to ascertain their knowledge about th e reduction of Krome's population, to identify those responsible for that reduction, and to determine whether there was a causal relationship between the Delegation's visit and the reduction.

Before discussing our findings with respect to the allegation that INS managers ordered a temporary reduction in Krome's population because of the Task Force visit, we describe the context within which the allegations occurred and briefly describe Krome's history, facilities, and the fluctuating composition and level of its detained alien population. After this background section, the allegation that Krome's population was drastically reduced to deceive the Delegation is addressed in three parts. The first part discusses the alleged temporary transfer of alien detainees to other facilities, and the alleged busing of aliens to Tampa. The weight of the evidence substantiates the truth of the allegation. The second addresses the alleged busing of aliens to Key West, and concludes that this allegation was not substantiated. The third deals with the alleged release of aliens into the community and the lack of medical and criminal checks, which was substantiated.

1.Overview of the Krome Service Processing Center

a.Brief History and Description

The Krome Service Processing Center is located on about 15 acres in the Florida Everglades, approximately 23 miles from downtown Miami. It was established on the site of an abandoned Army air defense guided missile base. The site was first used for immigration purposes in 1979 to house and process Cuban

and Haitian aliens after the Mariel-Cuban boat lift. At that time, a joint Cuban-Haitian Task Force operated the site and its facilities, which were used to detain up to 2,000 aliens.

In 1982, the INS took over the operation of Krome. Some personnel from the Cuban-Haitian Task Force continued to work with INS to resettle the arriving aliens. In addition, a contingent of United States Public Health Service employees remained at Krome to support medical processing requirements.

Although Krome was initially opened as a short-term staging area, it evolved into a long-term detention facility as the numbers of aliens entering the United States continued to grow. In 1982 the existing buildings were renovated and additional buildings were constructed.

b.Medical Facilities and Procedures

A general survey of medical practices at Krome provides the context for assessing claims in the Complaint that aliens were released improperly without medical clearances. The medical facility at Krome, which includes a 20-bed infirmary and a full-time 24-hour staff, is run by the Uniformed Public Health Service. Captain Ada Rivera, M.D., is the Chief of Clinical Services for PHS. In addition to functioning as the medical facility, PHS also has been used as the housing facility for female detainees at Krome since a fire set by detainees destroyed a housing dormitory in May 1992.

When an alien is processed and booked in at Krome, the alien is taken directly to PHS for an initial medical screening. This initial screening consists of a medical history, mental health screening, and a tuberculosis test. If the alien's medical history and mental health screening do not reveal any medical conditions and no other symptoms of illness are noticed, the alien is released to the general detainee population. The detainee reports back to PHS two days after the initial medical screening for a reading of the tuberculosis test. A test for syphilis is performed on each detainee within fourteen (14) days of being booked in at Krome.

The tuberculosis test is the only required medical test given to every alien that is processed and detained at Krome. If it is known that an alien will not be housed at Krome for at least two days, a tuberculosis test is not performed. The performance of any other medical testing depends on medical conditions revealedwhen the initial medical history is taken.

Prior to the release of any alien from Krome, the alien is required to be cleared through PHS. Aliens released to the community are required to have their booking cards (Forms I-385) stamped by a medical care provider at PHS prior to their release. An alien with an active tuberculosis reading is not released from Krome to the community until that alien is tested negative for tuberculosis on three consecutive occasions. Aliens who have no medical problems can be cleared for release by any health care staff employee. Aliens whose records show medical problems must be cleared for release by a physician.

c.Staffing Levels

By June 1995, when the Task Force visited, Krome was operated by a staff of approximately 100 INS employees, including Detention Enforcement Officers, Deportation Officers, and support personnel. Constance ("Kathy") Weiss, a Supervisory Detention and Deportation Officer, holds the position of Camp Administrator. Krome's daily operation, however, is primarily overseen by Vincent Intenzo, a Supervisory Deportation Officer, who functions as Weiss' deputy. As Supervisory Deportation Officer, Intenzo initially screens the A-files for all aliens newly admitted to Krome to determine whether there are legally sufficient grounds to detain the alien, or if the alien must be released. Intenzo then assigns the cases to Deportation Officers for further review and processing in connection with exclusion and deportation proceedings. Intenzo is also responsible for approving all releases of detainees from Krome. The Chief Supervisory Detention Enforcement Officer for Krome is Josep h Kennedy, who is responsible for overseeing the actual housing and transportation of the detainees at Krome.

Within the Miami District Office, responsibility for the management of Krome is assigned to Kenneth Powers, the Assistant District Director for Detention and Deportation. Powers reports to Valerie Blake, the Deputy District Director. Blake reports directly to Cadman, the District Director. An adapted table of organization of Krome as it relates to the participants in this investigation is attached as Appendix 14.

d.Alien Detainee Population

At the time of the Delegation's visit, the composition and level of the alien detainee population at Krome was "constantly in a state of flux." At any time, 35 to 40 different nationalities might be represented among Krome's population. During the two years preceding the Task Force's visit, large groups of Haitian and Cuban aliens had been detained at Krome.

The number of detainees that could be accommodated within Krome's walls was flexible. However, changes in Krome's population level would and did have very real effects on living and working conditions within the facility, as well on the facility's appearance.

The male dormitory at Krome (Building 11), which houses the majority of the facility's alien male population, was built to hold 105 detainees. [ Other male detainees might be housed in the isolation area.] By using bunk beds, this number could be doubled to 210, with another 16 added by placing bunk beds and cots in the adjacent recreational area. [ There is a reluctance to use cots because they can be disassembled and used as weapons.] Up to 300 male detainees could be housed by placing cots in the center of the building (where a security booth has been erected) and bunk beds adjacent to all available wall space. During tropical storm Gordon, 455 male detainees were housed inside the male dormitory because of management's concern that the outdoor tents in which the aliens were living would not survive the storm. However, when the number of male detainees in the dormitory exceeds 200, the air conditioning and heating systems begin to fail.

Krome's management has declared a preference for limiting the number of male detainees in Building 11 to 170. When the male population is maintained at that level, the facility is able to comply with American Corrections Association's guidelines requiring 35 inches of bed space per detainee.

The female dormitory is located within the Public Health building, and was originally intended to house aliens who had not yet been medically cleared to enter the general population. [ Since PHS is now routinely used to house female detainees, aliens who have not yet been medically cleared are housed in the area of PHS that is reserved for respiratory patients until any medical condition is treated or resolved.] The female dormitory consists of two rooms, one built tohold 18 and the other to hold 9. However, as with the males, using bunk beds allows Krome to accommodate 54 female detainees in that space. Unless outdoor space is used, an increase in the detained female population above 54 aliens requires that cots be placed in the working area of the PHS lobby. Those cots are disassembled every morning in order for PHS to conduct its normal business. The maximum number of female detainees that has been or could be accommodated indoors is 100. However, any number of female detainees over 54 is considered "overcrowded" by Krome's management.

In the late 1980's, federal law precluded the detention of aliens with criminal histories at Krome. [ The legislation was introduced due to community concerns over security at Krome. ] Prior to about March 1994, Krome remained almost completely devoted to the detention of aliens involved in administrative exclusion and deportation cases, and did not house large numbers of criminal aliens. At that time, however, the nature of Krome's population began to change. By June 1995, when the Task Force visited, "[a]pproximately half of the aliens detained at Krome awaiting removal from the U.S. [had] a criminal history." According to the Miami District Office, certain physical modifications and security measures were implemented to prevent the administrative and criminal populations from mixing and to prevent escape. For example, a security booth for Detention Enforcement Officers was constructed in the center of Krome's male dormitory. In addition, two fences were erect ed to enable the officers to separate criminal and administrative detainees. Krome also has a seven-cell isolation area where known criminals and aliens who have disciplinary problems are housed separately from the general population. By using bunk beds, 14 detainees can be accommodated in those cells. When necessary, up to 28 male detainees have been housed in that area using additional beds and cots in all available cell and hall space. [ Females are occasionally kept in the isolation area. Since males and females cannot be housed in the same cell, the presence of an odd number of females in isolation might reduce the segregated area's capacity.]

According to information provided to the Task Force by the Miami District Office, as of the time of its visit, criminal aliens with histories of violence were not detained at Krome and were placed in non-INS detention facilities with higher-rated security levels (e.g., local jails). It is clear, however, that contrary to management'swritten representations not only to the Task Force but also to the Deputy Attorney General, felons and aggravated felons were being housed together with non-felons and minor males within the male dormitory at Krome between visits by the Deputy Attorney General in March 1995 and the Task Force in June 1995. As Kennedy reported to Weiss on April 24, 1995:

The housing of non-felons and minor males with the felons has never been more of an issue as now. We have no area whatsoever in which to separate and or house these detainees from the felons. At present there are 64 minors in the facility with 22 of them being minor males who are housed in building #11 with the adults. This includes all felons and aggravated felons housed in building #11.

(Memorandum from Joseph Kennedy to Constance Weiss dated April 24, 1995 re: "Detainee Overcrowding" attached as Appendix 18). [ Faced with this evidence, Weiss adhered to the assertion that violent criminal aliens were not mixed into the general population by design. She admitted only that on rare occasions, a violent criminal alien may have been inadvertently placed in with the general population.]

Even as of the time of the Task Force visit a little over a month later, criminals were not separated from the general administrative population by fences; rather, they were mixed together within the male dormitory. In general, when Krome has had more criminal aliens than its isolation cells can accommodate, criminal aliens have been housed together with the general alien detainee population. It is also the policy to allow female criminal aliens to be mixed together with the general population, rather than to place them in isolation.

At the time of the Task Force's visit, Krome's optimum-funded capacity was 210 alien detainees; its rated capacity was 226 aliens. [ The funded capacity of 210 refers to the number of aliens housed at Krome for which the facility is budgeted at the beginning of each fiscal year. Cadman explained that the funded and rated capacities are "in some sense meaningless . . . The funded capacity is immaterial because we have never lived within our funding and have found it impossible to do and in the past several years INS' method is to deliberately underfund and then come back and give you supplementals." The rated capacity of 226 relates to the number of aliens who can be housed inside Krome in compliance with standards set by the American Corrections Association. The funded and rated capacity of Krome dropped from 450 as a result of a fire in May 1992 that destroyed a major dormitory.] According to INS, Krome'sactual daily census for fiscal year 1995 at the time of the Task Forc e's visit was 281 aliens, down from 300 aliens in 1994. According to INS, however, Krome was "capable of detaining a population of up to 1,000 when necessary, through the use of non-permanent shelters such as tents."

The Miami District's claims that Krome's population was reduced prior to the Delegation's visit because the population level had become "uncomfortable" must be evaluated in light of Krome's quite flexible capacity. Management officials from Krome and the Miami District Office uniformly agreed, during the course of this investigation, that at the time of the Task Force's visit, Krome's rated and funded capacity bore virtually no relationship to its actual population level at any given moment, or the number of aliens that the facility could absorb if necessary. In fact, "since you can always set up another cot somewhere . . . tents can be set up, and aliens can be housed in local jails, the . . . [Krome] population is a very flexible number." With the influx of Cuban rafters in 1994, the population grew to almost 700 (during which time tents were constructed to house the detainees). Expenditures associated with excess population have routinely been made with t he expectation that funding to cover those expenditures would be subsequently authorized by INS Headquarters and the Eastern Regional Office.

A review of Krome's population levels over a one-year period also establishes that large population increases and significant decreases are not uncommon. By themselves, the ebbs and flows of Krome's population mean little. In order to understand the reasons for the fluctuations, it is necessary to identify the events and policies that underlie them.

It is clear from the evidence that after a significant policy change concerning Cuban immigration occurred on May 2, 1995, a collective decision was made by Cadman, Powers, Weiss and Intenzo to raise the maximum limit for Krome's alien detainee population from 210 to 300. [ Cadman testified that no such decision was made.] In addition, stringent release policies that were adopted at that time caused Krome's detained alien population to grow far beyond the 300-alien limit. Under the newly imposed stringent conditions for release in effect between in or about May 2, 1995 and June 8, 1995, there were, onaverage, only seven releases to the community per day from Krome. From May 2, 1995, to June 9, 1995, Krome's detainee population steadily climbed from 284 to 407. [ The population figures are based upon those recorded in Krome's handwritten processing log. The population figure for June 9, 1995 was as of 12:03 a.m. As previously noted, the count of 407 in the processing log is inaccurate and should be 410.] Perhaps most significantly, as of June 9, 1995, the women's dormitory within the PHS building was housing 107 women detainees, 55 of whom were sleeping in cots in the PHS lobby. [ That information was contained in a memorandum which was erroneously dated September 9, 1995, and should have been dated June 9, 1995.]

Krome and District managers were well aware of the steep rise in Krome's population. Cadman and Powers received a daily report on Krome's population, which listed the numbers of aliens in the facility, their nationality, and the number of females, juveniles and criminals. In an e-mail sent to Florman on June 6, 1995, Cadman stated that "Krome is bursting at the seams." In an e-mail sent to Intenzo on June 9, 1995, Cadman referred to the population of Krome as the "teeming hordes."

By early June 1995, the steady increase in Krome's detained population, and particularly the female population, had resulted in a warning from the Public Health Service that the overcrowded conditions were causing urgent health problems at the facility and were interfering with the functioning of the medical clinic. On June 8, 1995 at 9:39 a.m., Dr. Ada Rivera sent a memorandum by electronic mail to Cadman and by hard copy to Weiss warning of the serious health consequences of the overcrowded conditions. In addition, Rivera advised that PHS intended to suspend its normal functions (including performing medical screening and clearances) and would provide only emergency services and infirmary care. Dr.

Rivera advised that the problem should be urgently addressed to prevent any potential epidemics at Krome. A copy of the e-mail is reproduced and is attached as Appendix 19.

Undisplayed Graphic

Cadman responded to Dr. Rivera by e-mail on June 9, 1995 at 1:13 p.m. Cadman acknowledged that he was aware that Krome was "terribly crowded, causing a number of difficulties for both security and health." Rather than advise Dr. Rivera of steps then being taken to reduce the population or deal with the immediate overcrowding problem, Cadman essentially shifted responsibility for the overcrowded situation to his superiors, and requested that Dr. Rivera improve the quality of PHS's paperwork to enable him to parole more people.

In shifting responsibility for the overcrowding of Krome to his superiors, Cadman wrote ". . . in a bureaucracy, sometimes our imperatives and discretion are not entirely unfettered." Cadman then implied that he had been forced into adopting a position of "tough enforcement and detention of airport arrivals, but [had] not been offered any help or relief in terms of what to do with people once they're on our figurative doorstep."

Cadman deflected Rivera's call for action by asking her to improve her own operation. Cadman wrote: "I have seen a few memoranda signed by Krome PHS staff in recent days. I know that paperwork is the last thing anyone wants to compound, but they have been relatively terse." Cadman advised that PHS's inadequate paperwork made it more difficult for him to exercise his discretion to parole aliens out of Krome. The full text of Cadman's response to Rivera is shown below and is attached as Appendix 20.

Undisplayed Graphic

2.The Temporary Transfer of Alien Detainees to Jackson County Jail and New Orleans

With the foregoing background about Krome, the allegations of wrongdoing can be assessed in their proper context. The first allegation concerned the temporary transfer of aliens out of Krome.

a.The Allegation

The Complaint alleged that on June 9 and June 10, 1995, INS managers caused 83 out of a total population of 407 alien detainees, [ Population is given as of 12:03 a.m. on June 9, 1995 based upon information contained in the processing log, which understates the population by 3 aliens.] to be temporarily transferred from Krome to other INS detention facilities and local jails. The letter further alleged that some of the transferred aliens were "in actuality bussed to Key West or Tampa, given lunch, and sent back to Krome."

b.The District's Initial Response

In his initial response to the allegations, Cadman acknowledged that on

June 9 and June 10, 1995, just prior to the Delegation's visit, 83 aliens were transferred to INS and non-INS detention facilities. He denied, however, that the transfers were unusual or were made to deceive the visiting members of the Task Force.

In the July 13 Memorandum, Cadman stated that it is "established practice

. . . when the population exceeds comfortable levels" to transfer aliens to other INS detention centers and to local jails, when there is no INS space available. By implication, Cadman suggested that the transfer of aliens from Krome on June 9 and June 10, 1995, was "necessary to maintain appropriate health and safety levels" at that facility. He denied that transfers were undertaken "with an eye toward 'deceiving' the members of the Task Force." In the July 13 and July 17 Memoranda, Cadman explained that on June 9 and June 10, two busloads of aliens were

transferred from Krome. One busload was transferred north; the other was transferred south to Monroe County Jail in Key West. This section will address only the busload north. [ The busload south will be discussed in the next section regarding Key West.]

In the July 13 Memorandum, Cadman stated that the single busload of aliens sent north consisted of two groups of aliens numbering 20 each (for a total of 40 aliens). He characterized both groups as "criminal aliens." In the July 17 Memorandum, Cadman revised those figures and revealed that 45 aliens were moved on that bus. Cadman also clarified that the trip was undertaken in two segments. According to the July 17 Memorandum, "the first leg of the bus run" was to North Florida and was accompanied by staff from Krome; the second leg went from North Florida to New Orleans and was escorted by detention officers from Tampa and Orlando. In his July 13 and July 17 Memoranda, Cadman implied that all of the aliens were ultimately bound for New Orleans. Cadman stated that bag lunches were provided to feed the aliens while en route to their destinations.

According to the July 13 Memorandum, the "first" group of 20 aliens was transferred to New Orleans, but was "staged" along the way at an "upstate" county jail. Cadman did not originally identify the county jail or state the times of arrival to and departure from that jail. After being asked by INS Headquarters for clarification, Cadman identified the jail as the Jackson County Jail, and revealed that the alien detainees arrived "the night of June 10 and depart[ed] the morning of June 13." (July 17 Memorandum).

With regard to the first group of 20 aliens, Cadman asserted that the staging stop was necessary because of "the length of the trip and the fact that New Orleans only accepts aliens on certain days of the week." (July 13 Memorandum). His memorandum claimed that staging was necessary because only a bus, and not a plane, was available to transport the aliens. In the July 17 Memorandum, Cadman repeated the assertion that the transfer of the first group to New Orleans for arrival on June 13, 1995, was planned "well before the Congressional visit." Neither memorandum stated when the transfer was planned or the date on which it had been scheduled to occur.

Cadman described the "second" group of 20 as consisting of criminals. [ It also appeared from the July 13 Memorandum that the District was claiming that the aliens in the first group of 20 were also criminals.] The July 13 and July 17 Memoranda suggest that the "second group" was similarly transferred to New Orleans. The July 13 Memorandum states that some aliens in the second group "were later brought back for court or consular visits prior to deportation; this is not unusual." Cadman did not initially explain how many aliens returned or when they did so. After being asked by INS Headquarters to provide clarification, Cadman revealed that 19 of the 20 aliens in the second group were brought back to Krome on June 14. (July 17 Memorandum). In the July 17 Memorandum, Cadman reiterated that those aliens were returned "for court appearances and consular visits prior to deportation" and again stated that it was "not unusual" an d was "inescapable." Cadman did not provide the dates of the court appearances or consul visits, or the dates on which they had been scheduled.

In the July 13 and July 17 Memoranda, Cadman asserted that the second group of criminal aliens was transferred from Krome to non-INS detention facilities "to prevent problems between them and non-criminal, administrative detainees who form the largest portion of our caseload." In the July 17 Memorandum, Cadman added that prior to departure, the previously scheduled "first group" of 20 aliens for transfer to New Orleans had been enlarged to include five more aliens. Cadman asserted that the transfer of the additional aliens was attempted in order to secure those "bedspaces for local use." According to the July 17 Memorandum, those five aliens were not ultimately accepted by New Orleans and were returned to Krome on June 14, 1995.

c.The OIG Investigation

(1)Method and Scope of Investigation

We first evaluated written records and documents and obtained testimony to determine the identities, destinations, and dispositions of alien detainees who were transferred out of Krome between June 8, 1995, and the time the Delegation arrived on June 10, 1995. At Krome, those records included the entries in the local computer system, the handwritten processing log, records of persons and property transferred (INS Forms I-216), Krome's Official Detail forms, Krome's daily report of alien movement by group (Form G-22.5), intake information from receivingfacilities, A-files, and detention files. In Tampa, OIG agents reviewed the records of persons and property transferred (INS Forms I-216), orders to detain or release aliens (INS Forms I-203), and the federal alien tracking system (FATS) sheets that documented the temporary transfer of the aliens to Jackson County Jail beginning on June 10, 1995. In New Orleans, OIG reviewed all available documents relating to the June 10, 1995 tra nsfer of aliens from Krome to New Orleans. Those documents included orders to detain or release aliens (INS Forms I-203A), automated deportable alien control system (DACS) sheets, and A-Files.

Second, to evaluate whether population transfers at issue were routine or unusual, we obtained data to track alien transfers from Krome's local computer system over the twelve-month period. In addition, we obtained data for a four-month time period beginning on March 1, 1995 from Krome's handwritten records and analyzed it with respect to numbers of alien transfers. We used that data, as well as data obtained from the INS and non-INS detention facilities to which aliens were transferred, to analyze Krome's pattern of use of those detention facilities (including Oakdale, Orleans Parish, and Monroe County Jail) over the four-month period. Agents obtained testimony regarding the normal and routine practices concerning alien transfers and returns to Krome.

Third, we interviewed INS employees and managers to determine what they knew about the detainee transfers immediately preceding the Delegation's visit. Our aim was to identify those responsible and the reasons for those transfers. OIG interviewed approximately 80 witnesses to determine the truth of this allegation. All INS employees and management personnel directly involved in the transfer of the aliens were interviewed, from the Detention Enforcement Officers who drove the bus to the Krome Camp Administrator. The witnesses included supervisory and non-supervisory personnel, including Miami District managers, New Orleans District managers, Deportation Officers, Detention Enforcement Officers, and Immigration Inspectors. The witnesses included employees and supervisors posted along the route of the transfer, and the interviews were conducted in Miami, Tampa, and New Orleans. Personnel located at the INS Eastern Regional Office in Burlington, Vermont, and at INS Headquarters in Washington, D.C. were also interviewed.

(2)Evidentiary Findings

(a)Conditions at Krome Just Prior to the Task Force Visit

Long before the Task Force visited, Krome's managers began expressing concern about the effects of overcrowded conditions on the facility. As early as April 24, 1995, Kennedy warned Weiss that because of the "recent influx of Haitians and the current detention of Cubans coming through the airport, the detainee population at Krome SPC is dangerously high." [ On Easter Sunday in April 1995, a large boat carrying Haitians arrived in Miami. The aliens were detained at Krome. ] Kennedy reported that 22 minor males were then being housed in the adult male dormitory together with felons and aggravated felons. Kennedy specifically advised against continuing that arrangement and suggested moving the criminals out of Krome to local jails.

In addition, as of May 2, 1995, Krome, Miami District, Eastern Region and Headquarters managers anticipated a swift rise in Krome's population. On May 2, 1995, an agreement was reached between Cuba and the United States providing for the repatriation of Cuban rafters intercepted at sea. In a Joint Statement by Cuba and the United States issued on May 2, 1995, the two governments stated that "[e]ffective immediately, Cuban migrants intercepted at sea by the United States and attempting to enter the United States will be taken to Cuba." The Joint Statement is attached as Appendix 21. At that time, the Attorney General announced that "[Cuban] [m]igrants intercepted at sea or in Guantanamo will be advised that they will be taken back to Cuba." The Attorney General further specified that "Cubans who reach the United States through irregular means will be placed in exclusion proceedings and treated as are all illegal migrants from other countries." Th e Attorney General's statement is attached as Appendix 22. As a result of the new policy allowing for the return to Cuba of migrant rafters, detention and release policy in the Miami District was revised. [ It was generally anticipated that aggressive enforcement of the new Cuban rafting policy would significantly reduce the number of migrants attempting to enter the United States by that method. Miami District management further anticipated that Cuban migrants would seek to find means to enter the United States (other than rafting) that would not result in their removal back to Cuba. Of greatest concern to the Miami District was the expectation that the number of Cubans seeking to enter the United States via third countries (Third-Country Cubans) through Miami Airport would skyrocket.]

To deter a migratory shift by Cuban migrants away from the sea and towards Miami Airport, and to pursue the objective of returning all such migrants to Cuba, the Miami District began in May 1995 to detain more Cuban aliens and release fewer who had been detained. In consultation with INS Headquarters and the Eastern Regional Office, during early May 1995, the Miami District began detaining all Third-Country Cubans illegally seeking entry through Miami Airport who failed to present documents, presented false documents, or failed to cooperate with INS. In addition, comparatively liberal parole criteria that had then been in effect, which were referred to in the Miami District as the Chris Sale Guidelines, [ The Chris Sale Guidelines had originally been issued in connection with an effort to alleviate the severely overcrowded conditions that existed in Krome beginning in early August 1994. In August 1994, the Attorney General decided that all excludable Cubans arriving in the Un ited States should be detained in response to a "massive flow of Cuban migrants to the United States" arriving by raft. In order to implement the Attorney General's decision, a strict interpretation of the statutory and regulatory parole criteria set forth at 8 C.F.R. 212.5 was placed into effect at Krome. The strict application of the statutory criteria limited the release of detained Cuban and other aliens on parole or bond. As a result of the massive flow of Cuban rafters, the strict detention policy, and limited release policy, the population of Cuban and other detainees at Krome increased dramatically and reached a high of almost 700 aliens, 630 of whom were Cuban. The Cuban community in South Florida placed increasing public and political pressure on the Miami District to release the detainees. In response to that pressure and to alleviate the overcrowded conditions at Krome, the Chris Sale Guidelines were developed and issued. Once the Guidelines were in place, Krome's population began to decline from its high of almost 700. By December 1994, the average population for the month had decreased to as low as 106 aliens.] were suspended; releases on parole were limited to those very few aliens who were eligible under the stricter regulatory criteria and met certain other requirements. Those other requirements are described at Section III.A.4.d., below.

Expecting to quickly face severely overcrowded conditions at Krome, the camp's managers (Weiss and Intenzo) had strongly opposed the decision to detain and hold all Third-Country Cuban aliens illegally entering through Miami Airport. At a meeting attended by Cadman and Powers following the May 2, 1995 policy announcement, Intenzo and Weiss urged Cadman to continue to release Cuban and other aliens as they had been doing previously. Cadman rejected their suggestions, however, and in consultation with Headquarters, decided on a strict detention and limited release policy. (See Section III.A.4.d., below.)

As Krome's population increased during May 1995, on-site managers directly responsible for controlling its population repeatedly expressed their heightened concern. Blake and Powers communicated with the top managers in the Region, advising them about the increasing problems attributable to the steady rise inKrome's population and looking for a place to transfer the aliens. [ At that time, Blake was at the Region on a three-week detail. She returned to the Miami District on June 8, 1995 and went directly into a meeting at Miami Airport concerning the upcoming Task Force visit, which she chaired.] The District exerted pressure on the Region for "quite some time" to assist in alleviating the growing population pressures at Krome. Although the top managers in the Region were aware of the overcrowding problem, the population continued to rise with only a "minimal number of transfers out of Krome from May 3 to June 8, 1995." As shown below, between May 2, 19 95, and June 8, 1995, there were only an average of three transfers to other INS and non-INS detention facilities per day from Krome. In addition, there were very few releases during the period and each one "had to be reviewed up through the chain of command."

At some point during this time period, however, Powers instructed Intenzo to arrange for a permanent transfer of Chinese aliens to the District of New Orleans. [ Orleans Parish Jail in the District of New Orleans has been designated by INS Headquarters to house Chinese aliens. It is a very large facility with ample bed space and can accept aliens on short notice. New Orleans normally handles the majority of Chinese aliens apprehended in the Miami area.] Between one and two weeks before the Delegation was scheduled to visit Krome, Intenzo began making arrangements for such a transfer to Orleans Parish Jail in the District of New Orleans. According to Intenzo, only aliens for whom venue did not yet lie in the Miami District could be permanently transferred to New Orleans. [ Intenzo stated that the venue of the Immigration Court must remain in the district where proceedings are commenced. Accordingly, only those cases in which proceedings had not yet commenced in the Miami District could be permanently transferred to the District of New Orleans.] Intenzo eventually obtained authorization from the District of New Orleans to transfer 20 Chinese aliens to Orleans Parish Jail. On June 8, 1995, Intenzo asked Krome Supervisory Deportation Officer Philip Holum to put together a list of aliens for the transfer to New Orleans. Shortly thereafter, Holum compiled the list and filled out the Record of Persons and Property Transferred (Form I-216) bearing transfer date June 13, 1995, attached as Appendix 23. These Chinese aliens (who were ultimately transferred on June 10, 1995) were not originally scheduled to leave Krome until the week following the Congressional visit.

The INS Eastern Regional Office also was involved in the preparations for the transfer of Krome aliens to New Orleans. During the week before June 10, 1995, INS Eastern Regional Deputy Director Michael Devine was aware of the overcrowding problem at Krome and voiced his support for a transfer of Chinese aliens from Krome to New Orleans. Devine communicated that suggestion within the Region to Regional Detention and Deportation Officer Tom Baranick or Detention and Deportation Officer Steve Munroe. Munroe's duties included coordinating transfers between districts located in the Eastern Region, including those coming from Krome. In addition, Powers spoke with Munroe about transferring Chinese aliens to New Orleans. On or about June 8, 1995, two days before the Task Force's visit, Munroe was asked to attempt to assist Miami in finding bed space for Krome aliens. [ Munroe could not recall whether the request for assistance came from within the Regional Office, from INS Headqua rters, or from the Miami District Office.]

(b)The Decision to Move Aliens on June 9, 1995

On Friday morning, June 9, 1995, the day after she returned to the Miami District from her detail with the Eastern Region, Blake telephoned Devine at the Region and apprised him of the overcrowded situation she found at Krome. [ Blake claimed that before calling the Region, she spoke with Cadman and expressed her concerns about health and safety conditions at Krome in light of the Delegation's impending visit. Blake testified that she advised Cadman that she was as concerned that "if we moved them [aliens detained at Krome], we would be construed as having done something wrong than if we left them there and we were accused of not being able to handle our work load; that it was a [sic] fifty-fifty and we were going to lose either way." According to Blake, Cadman agreed with her and asked her to call the Region and express their concerns. Cadman denied having had any such conversation with Blake or advising her to call the Region regarding the reduction of Krome's population. C adman also denied any knowledge of contacts between Blake and the Region regarding any last minute movements of aliens. Moreover, Cadman claimed that he was not involved in the decision to move the 45 aliens to Jackson County Jail and New Orleans on the day of the Delegation's visit. He testified that he was aware that a move of Chinese aliens to New Orleans was scheduled, but was not aware of and had nothing to do with advancing the schedule for that move. Cadman repeatedly denied any advance knowledge of the transfer of aliens to Jackson County Jail.] Blake expressed her concern for the upcoming Task Force visit in light of the overcrowded condition of Krome, the health warnings set forth in Dr. Rivera's June 8, 1995

memorandum, and the housing of criminal aliens. Blake advised Devine that these problems were "causing things to go out of control." [ Blake testified that the overcrowded conditions at Krome raised a concern about the Delegation's visit from a "safety and security standpoint." She stated that "[w]e didn't want fights on the floor and we didn't want criminals coming at Congressmen." However, Chasse testified that there was no concern about potential violence by aliens at Krome or the Delegation's security during the visit, and that no one from the District had expressed such a concern to her. Devine also stated that there was no particular concern for the Delegation's security or about potential riots in light of the high population at Krome.]

Devine told Blake that he had "[b]etter call Carol" (referring to Carol Chasse) regarding whether Krome "should move anybody under the circumstances," including the upcoming Congressional visit. In a subsequent telephone call, Devine informed Blake that Chasse had decided that they should go ahead and move some people out of Krome before the Delegation came. Devine communicated to Blake that the impending Task Force visit was determinative in Chasse's decision and that otherwise, Chasse "could have waited until the following week to make the decision." Accordingly, Blake understood that, pursuant to Chasse's instruction, she was responsible for "seeing that [the Krome population] got down before the Congress came." [ Devine admitted that he approved the immediate reduction of Krome's population. However, he categorically denied that his decision was influenced by the impending Task Force visit. Devine testified that he did not recall whether he spoke to Blake or Cadman on Friday, June 9, 1995, but stated that "it's possible" and that he could have told Blake that he had to call Chasse to get authorization to "bleed off the [Krome] population." Devine also remembers having discussed Dr. Rivera's health concerns. When asked again if he spoke to Blake, Devine testified: "No I don't recall a conversation, I recall the information so I assume that I had a conversation with her." Despite his professed failure of recall, Devine stated that "it would not surprise" him if Blake had called, a position that was not inconsistent with Blake's unequivocal testimony that such a telephone conversation in fact occurred. Devine also admitted that it was possible that he could have told Blake that he had "better call Carol." Devine further admitted that it was possible that he had a telephone conversation with Chasse on June 9. However, Devine "categorically den[ied]" ordering that Krome's population be reduced because the Tas k Force was coming or receiving that instruction from Chasse. ] Blake testified that had it not been for the Congressional visit, she would not have ordered the movements of aliens to be transferred from Krome on Saturday morning. Blake further admitted that the Delegation's visit was a "very important factor" and a "significant reason" for the Saturday morning transfer of aliens to Jackson County Jail and New Orleans. [ Like Devine, Chasse admitted that she ordered the reduction of Krome's population. Chasse testified that she met with Devine in his office in the week ending June 2 and directed him to "do whatever it takes" to "get the population down at Krome" and told him "[I]t's a problem." Chasse denied that her decision was linked in any way to the impending visit of the Task Force. Chasse claimed that she could not recall whether she imposed a Saturday deadline within which the reduction was to be accomplished. She could not recall whether she direc ted that the population should be reduced to below 300 aliens. She admitted, however, that it is possible that she gave both of those instructions. Chasse also claimed that she could not remember speaking with Devine or Blake on June 9, 1995, but stated that she could not "remember with any specificity" which day she had issued the instruction to reduce Krome's population.]

Blake then advised Kathy Weiss by telephone that the Region had said to go ahead and move people out of Krome before the members of Congress came. Blake communicated to Weiss that the impending Congressional visit was a "very important factor" in acting to reduce Krome's population by the following day. Blake also communicated that information to Powers, who similarly contacted Weiss on Friday and instructed her to "reduce the population at Krome to below 300 detainees in time for the [Congressional Delegation's] visit." [ Powers denied issuing such an instruction. ]

Weiss testified that while she was prepared to have the Delegation see the camp in its overcrowded condition, managers above her appeared to have felt otherwise. In accordance with the instructions she received, Weiss took concrete steps to reduce Krome's population below 300 by the following day, including directing the transfer of between 40 and 50 aliens from Krome. Weiss communicated her instructions to Intenzo and Kennedy. Weiss testified that the transfers to New Orleans and Jackson County Jail constituted a last-minute effort to prevent the Delegation from seeing the crowded conditions at Krome.

In accordance with Weiss' instructions, Intenzo decided to move the 20 Chinese aliens who were scheduled for transfer to New Orleans out of Krome early Saturday morning, before the Delegation arrived that afternoon, rather than waiting until Monday as had been previously planned. Because the aliens were to depart Krome earlier than originally scheduled and New Orleans would not accept detainees until Tuesday, those 20 aliens would have to be temporarily housed at Jackson County Jail for three days. In addition, Intenzo began to select approximately 20 other aliens whose A-file numbers he associated with criminal status so that they could be sent on the same bus to Jackson County Jail. An additional five aliens were also added to the list previously prepared by Holum for

transfer to New Orleans, to fill up the bus. [ Holum testified that he believed that Powers added the five aliens to the list. Holum only learned about the transfer of the additional five aliens because they were transferred without their A-files.] Weiss testified:

The movement of the group of 45 aliens to Jackson County Jail contained criminal aliens and Chinese aliens. The Chinese would eventually go to a jail in New Orleans and the criminals would be returning back to [Krome]. This movement left [Krome] on Saturday in [sic] effort to reduce the population at [Krome] for the [Congressional Delegation's] visit.

The movement of the Chinese to New Orleans was initially scheduled for after the June 10 visit date. The movement date was rescheduled to be effected prior to the visit. The movement of the remaining 20+ aliens was strictly for cosmetic purposes in support of the visit.

Weiss' affidavit is attached hereto as Appendix 24.

Accordingly, on June 9, 1995 at approximately 1 p.m., Weiss transmitted an urgent priority e-mail to Blake and Powers (the "Weiss Friday E-Mail") in which she reported the actions she was taking to comply with their instructions. In relevant part, Weiss wrote to her first- and second-line supervisors that the population was then 377, and she intended to:

move 40-50 aliens to non-Service facilities upstate. The group will include a subgroup destined for New Orleans and another group to be stashed out of sight for cosmetic purposes (emphasis added).

Weiss then described other efforts she was making to reduce the camp's population to "300" before June 10, 1995 ("tomorrow"). [ These will be separately addressed in Section III.A.3 and III.A.4 of this report, below.] Weiss requested Blake's approval for the transfers and estimated the associated detention expenses to be $21,000. The full text of the Weiss Friday E-Mail is reproduced below and is attached as Appendix 25.

Author: Kathy Weiss at ERO-MIA-KRO-001

Date: 6/9/95 1:00 PM

Priority: Urgent

Receipt Requested

TO: Valerie M Blake at ERO-MIA-003

TO: Kenneth H Powers II at ERO-MIA-003

Subject: transfers and releases

-------------- Message Contents ------------------

Current population is 377. We intend to move 40-50 aliens to non-Service facilities upstate. The group will include a subgroup destined for New Orleans and another group to be stashed out of sight for cosmetic purposes.

We intend to apply the Chris Sale guidelines of 9/14/94 unless directed otherwise. Estimated number of releases is 30-40, spread out over today and tomorrow morning, of mixed nationalities. Due to the short timeframe, I am requesting permission to use my discretion in applying the criteria except in unusual cases.

The above should reduce the population to below 300; however, overnight arrivals must be factored in, which may increase the level to over 300 by tomorrow.

Please advise whether Cubans can be included in the group for temporary non-service detention, bearing in mind the fact that moving them will probably cause the remainder to complain, both to relatives and the congressional delegation.

Estimate of cost for non-service detention: based on an estimate of 50 aliens at an average cost of $60/day, cost is $3000 per day. Assuming at least a week's detention, cost will be $21000.

At 1:40 p.m., Blake sent an urgent priority response to the Weiss Friday E-Mail back to Weiss and Powers (the "Blake Friday E-Mail") (Collectively, the Weiss Friday E-Mail and the Blake Friday E-Mail will be referred to as the "Weiss and Blake Friday E-mails.") In relevant part, Blake answered with regard to the above-quoted information: "[G]reat work so far." Blake advised that she would pass along the cost estimate to the Region. Finally, Blake quipped, "Should I stop by Krome at midnight for a drink, or will you guys still be working?" [ Blake initially testified that when she had read and responded to the Weiss Friday E-Mail, she did not focus on the part reflecting that aliens were "to be stashed out of sight for cosmetic purposes." She also claimed that she believed that Weiss was being "glib" and "flippant." Blake acknowledged that she did not ask Weiss what she was talking about. Rather Blake stated: . . . if you've got somet hing that looks . . . stupid in writing, why write back and say something else that's stupid, which in effect I did. This last sentence of my own was in response to the glibness of the thing I was seeing. Ultimately, however, Blake admitted that she issued instructions to Weiss to reduce Krome's population before the Delegation visited and because of the Delegation's visit.] The full text of the Blake Friday E-Mail is reproduced below and attached as Appendix 26. [ Despite OIG's requests for the coordinated production of relevant documents (including e-mails) from INS in July and September 1995, the Weiss and Blake Friday E-Mails were never produced to OIG pursuant to those requests. The Weiss and Blake Friday E-Mails were first obtained by OIG on September 27, 1995, when agents were sent to Vermont to conduct interviews and physically search the e-mails at the Eastern Regional Office, after the Region had already reported to INS Headquarters that there were no documents respon sive to OIG's request. One day after OIG's discovery of the Weiss and Blake Friday E-Mails, INS Headquarters reported to OIG that the Region had no documents responsive to our document request. After OIG located the Weiss and Blake E-Mails, and because the Miami District had also failed to provide them pursuant to our document requests, special agents were sent to visit individual Miami District managers to obtain their e-mails. On October 9, 1996, OIG agents visited Blake to obtain e-mail communications relevant to this investigation. At Blake's request, she was permitted to sit at her computer and review her e-mails in the presence of the agents with the understanding that she would retrieve and print any e-mails relevant to the Delegation's visit. In so doing, Blake quickly passed over the e-mails for June 9. One of the OIG agents (who had discovered the Weiss and Blake Friday E-Mails at the Region) asked Blake to go back to June 9, where the responsive Blake e-mail was locat ed (the Weiss E-Mail was contained on the bottom portion of the screen). At that point, the agent printed the e-mail and took over the review of the e-mails.]

Undisplayed Graphic Powers testified that he could "not currently recall where [he] was or what [he] did on June 9, 1995." He admitted, however, that he received the Blake and Weiss Friday E-Mails at the time they were sent and read them. Yet he claimed to have "no specific recollection of this message [the Blake and Weiss Friday E-Mails] or its contents or my reaction to the message." [ Powers was given a copy of the Weiss and Blake Friday E-Mails by Holum in mid-September 1995. When Holum gave Powers the messages, he told Powers that he thought that Powers was "being set up by Mrs. Weiss." Holum testified that on or about August 13, 1995 or August 14, 1995, he found a copy of the Weiss and Blake Friday E-Mails on Weiss' desk during the course of searching there for the date of an Orlando, Florida INS Detention Enforcement Officer's indictment. Holum testified that upon finding the messages he was "u pset because [he] felt the E-Mail was irresponsible, especially the part where Blake asks if she should stop by for a drink." Holum copied the e-mail and gave it to Powers about one month later. Holum suggested that Powers talk to Blake and "ask her to get it out in the open" and told Powers that "it was unfair that Intenzo was being blamed." According to Holum, Powers said that "he would take care of it."] Powers denied issuing an order to Weiss (or anyone else) to reduce the Krome detainee population for the Delegation's visit. He did, however, admit that some of the movement of detainees out of Krome just prior to the Delegation's visit was "not consistent with normal practice . . . [and] that instructions must have been given to reduce the population at Krome . . . [by] either Valerie Blake or Mr. Cadman." Despite having received the Blake and Weiss Friday E-Mails, Powers claimed to "have been left out of the loop." He acknowledged, however, that upon se eing Krome on the day of the Delegation's visit, he recognized that the population had been reduced and "was upset that the

[Delegation] didn't see Krome in the state it had been." He did not, however, take any action. [ Powers acknowledged that on Saturday, June 10, 1995, he "was aware that something had happened. People were talking about buses and vans going everywhere. I was at Krome on June 10, 1995, when the [Delegation] was visiting. I was surprised that the population had been reduced. I didn't say anything to anyone. I was upset that the [Delegation] didn't see Krome in the state it had been. I took no action because everything seemed to go well."]

In addition to responding to Weiss and Powers, Blake copied her response, along with the original Weiss Friday E-Mail, to Cadman and Devine.

Cadman admitted seeing the Weiss Friday E-Mail reporting that aliens were being "stashed out of sight for cosmetic purposes" and the Blake Friday E-Mail response to Weiss. He claimed, however, to have no recollection of when he actually first read the Weiss and Blake Friday E-Mail messages, and could not recall if he first read them on June 9, 1995. He claimed to have had no advance or contemporaneous knowledge of the release of aliens from Krome.

The documentary evidence, however, suggests that Cadman did read the Weiss and Blake Friday E-Mails on the day they were sent -- one day before the Delegation arrived. OIG reviewed Cadman's responses to other e-mails and the e-mails he originated on June 9, 1995. [ OIG obtained those e-mails from the systems of other INS personnel in the District and Regional offices. All of the e-mails had already been deleted from Cadman's system at the time of OIG's attempt to retrieve them.] That review shows that on the afternoon of June 9, 1995, and during the time Blake's Friday E-Mail would have been received on Cadman's computer screen, from at least 1:13 p.m. to 3:52 p.m., Cadman was reviewing and responding to e-mails that he had received on June 8, 1995 and June 9, 1995. During that time period, Cadman responded to e-mails sent both before and after the one sent by Blake. A table showing the sequence of Cadman's e-mails and responses is shown below and is attached as Appendix 27. [ It is worth noting that OIG did not recover the Weiss and Blake Friday E-Mails or any e-mails relevant to the events that resulted in this investigation from Cadman's system. On October 23, 1995, OIG was finally able to obtain the backup copy of Cadman's e-mail, located on the Miami District's server (after Cadman had refused to provide his e-mails without a subpoena, see Section V.B., below). When OIG gained access to the server files (with assistance from Lotus, the software developer), all of Cadman's e-mails relevant to this investigation had been deleted. See Section V.B., below for a more detailed discussion of this subject.]

Cadman Email Analysis

Date

Time Sent

Author

TO/CC/BCC

Subject


June 7, 1995

1:51 pm

Wixted

Cadman et al.

Congressional Visit

I

June 8, 1995

9:39 am

Rivera

Cadman

PHS Update

II

June 8, 1995

1:30 pm

1:04 pm

R. Kellner

Cadman

Miami Fee Receipt Program

III

June 8, 1995

4:29 pm

R. Kellner

Cadman et al.

Meeting Dade County Latin Affairs

IV

June 9, 1995

11:11 am

Wixted

Cadman et al.

Harassment

V

June 9, 1995

1:13 pm

Cadman

Rivera et al.

PHS/Update

II

June 9, 1995

1:33 pm

Cadman

Wixted et al.

Congressional Visit

RESPONSE TO: June 7, 1995 1:51 pm Wixted Email

I

June 9, 1995

1:40 pm

Blake

Cadman et al.

Transfers and Releases


June 9, 1995

1:44 pm

Cadman

Blake et al.

Miami Fee Receipt Program

RESPONSE TO: June 8, 1995 1:03 and 1:04 pm Kellner Email

III

June 9, 1995

2:03 pm

Cadman

Blake et al.

Meeting Dade County Latin Affairs

RESPONSE TO: June 8, 1995 4:29 pm Kellner Email

IV

June 9, 1995

2:44 pm

Cadman

Blake et al.

Report of Burglarized Vehicle


June 9, 1995

2:45 pm

Wixted

Cadman et al.

Congressional Visit

RESPONSE TO: June 9, 1995 1:33 pm Cadman Email

I

June 9, 1995

2:56 pm

Cadman

Blake et al.

Congressional Visit

RESPONSE TO: June 9, 1995 2:45 pm Wixted Email

I

June 9, 1995

2:59 pm

A. Kellner

Cadman et al.

Visit to the Airport June 8, 1995


June 9, 1995

3:13 pm

Cadman

Intenzo

KSPC

[This Email appears to indicate Cadman knows of June 9, 1995 1:40 pm Blake Email]


June 9, 1995

3:52 pm

Cadman

Blake et al.

Harassment

RESPONSE TO: June 9, 1995 11:11 am Wixted Email

V

June 9, 1995

4:14 pm

Cadman

Blake et al.

Visit to the Airport June 8, 1995


The above table lists emails in chronological order. E-mails with the same Roman numeral in the far right-hand column reflect related correspondence.

As of 1:13 p.m., when Cadman was responding to Dr. Rivera's e-mail expressing the urgent need for immediate action to clear the female detainees out of the PHS area in the face of potentially severe health consequences, the substance of Cadman's response indicates that Cadman was still unaware that actions were being

taken at that very moment to release alien women from Krome. (For a more detailed discussion of the release of alien detainees, see Section III.A.4.d., below).

However, the e-mail response that Cadman sent to Intenzo at 3:13 p.m. appears to reflect some awareness of the information contained in Blake's Friday E-Mail regarding the reduction of Krome's population. That response, in relevant part, is shown below and is attached as Appendix 28.

_

thor: Walter D Cadman at ERO-MIA-003

Date: 6/9/95 3:13 PM

Priority: Urgent

Receipt Requested

TO: Vincent Intenzo at ERO-MIA-KRO-001

Subject: KSPC

------------------------- Message Contents ----------

This is a belated response to your cc-mail message about the teeming hordes at KSPC, because I spent yesterday everywhere but at the office (mostly at the airport), and have only gotten to the multiple messages left on the mailsystem.

Item #1. I think Valerie is working with you, Kathy and Ken on the population, so that is at least to some extent moot.

Item #2. I was told about this, and appreciate you relaying it along. Waldroup also spoke to an atty representing Brazil's interests; I don't think they will press this issue, because it certainly appears as though the detainees were doing more than just idle B-1 business stuff.

Item #3. ????? I don't know anything about a suicide case at JMH. What exactly am I to decide?

Cadman testified that he did recall that he had reread the Weiss and Blake Friday E-Mails after the allegations were issued and the OIG investigation commenced. Cadman described the e-mails as having "appalled" him and admitted that he realized their relevance to the allegation that aliens were deceptively moved and/or hidden from the Delegation. He stated that when he reread the e-mails, he felt that in hindsight, the language was "shocking." Yet, at the time he originally received them, Cadman said that he did not question Weiss or Blake regarding the e-mails or their meaning. Cadman also admitted that he made no effort to share his copy or knowledge of the Weiss and Blake Friday E-Mails with OIG even though he was fully aware that the e-mails should have been produced to OIG early in the investigation. Cadman further testified that he then found himself "thinking my God, what am I going to say when somebody asks me about this?" Cadman's only e xplanation for his failure to make inquiries or take action at the time he first received the Weiss and Blake Friday E-Mails was that "Kathy [Weiss] is sometimes a little glib, sometimes a little flip . . . . (emphasis added)." [ It bears noting that he used exactly the same words in describing Weiss as did Blake.]

On Sunday, the day the Delegation left Miami, Devine forwarded the Weiss and Blake Friday E-Mails down the chain of command to Baranick (the "Devine E-Mail"). The full text of the Devine E-Mail is attached as Appendix 29. On Monday, Baranick sent the messages to Detention and Deportation Officer Steven Munroe, Program Analyst Donna Jaro, and Detention and Deportation Officer Shirley Parfitt (the "Baranick Email"). The full text of the Baranick E-Mail is attached as Appendix 30.

Upon being shown his June 11, 1995 response to the Weiss and Blake Friday E-Mails, Devine admitted that he had indeed received and responded to the messages as the documents reflected. However, Devine also claimed not to have any actual recollection of receiving or reading the messages, or of when he read them. During the interview, Devine professed to be astonished at the contents of the messages and stated that the phrase that aliens would be "stashed out of sight for cosmetic purposes" raised "blinking red lights." Devine further acknowledged that the messages supported the allegation concerning alien movements, but stated that he did not react to or question the messages when he originally received them. As did Cadman before him, Devine claimed to have only skimmed the Weiss and Blake Friday E-Mails. Devine asserted he had not appreciated the significance ofthe messages until he read them during his OIG interview. [ Devine testified: A: . . . had I un derstood what was in front of me, had I read what was in front of me and not done anything about it knowing what was in it, was that wrong on my part; I would say yes because clearly this is a plain reading here. * * * Q: . . . Your position now is that you really didn't read it carefully . . . so you missed it. A: Yes. Q: You missed its meaning. A: Well, yes.] Devine admitted that the representations made in Cadman's July 13 and July 17 Memoranda were inconsistent with the messages. Devine claimed, however, that at the time he learned of the allegations and reviewed the July 13 and July 17 Memoranda, he did not recall the message. Devine testified that while he had authorized the reduction of Krome's population, such authorization was not motivated by the impending Congressional visit. He admitted, however, that the way in which Krome's population was reduced and the time period within which it was reduced were "extremely unusual."

On being shown the Weiss and Blake Friday E-Mails, the Devine E-Mail, and the Baranick E-Mail, Chasse immediately responded that she had not previously seen them. Chasse testified, however, that earlier that week she had issued instructions to Devine to reduce Krome's population, telling him "we've got to get the population down at Krome, so do whatever it takes (emphasis added)." She denied, however, that her instruction was motivated by the upcoming visit by the Task Force.

Back on June 9, 1995, however, INS Eastern Regional personnel had become involved in the rush to move out Krome's aliens before the Delegation arrived. Several times on Friday, June 9, 1995, Munroe contacted Deportation Officer Craig Robinson, who was then acting as the New Orleans Assistant District Director for Detention and Deportation, about the transfer of Chinese aliens that was originally scheduled for June 13, 1995 or June 14, 1995, the week following the Task Force's visit. Munroe called Robinson because the transfer date had been moved up. Munroe testified that he could not remember who changed the date or why it was moved up. At approximately 12:38 p.m., Munroe sent an e-mail to Devine reporting on progress regarding the movement of Chinese aliens from Krome. Thefull text of that e-mail is attached as Appendix 31.

Robinson recalled receiving a call that Friday from the Region. [ Robinson said he could not recall from whom at the Region he received the call. ] He was told of a plan to transfer some "70" aliens from Krome to New Orleans and that Krome "needed to get them [the aliens] out that day." Later the same day, Robinson called Intenzo at Krome, who stated that he had not heard that 70 aliens would be transferred but that "if he got word that he was to send 70 bodies that they would be arriving at New Orleans at 2:00 a.m." Intenzo told Robinson that "they had to move bodies." Robinson then "gathered [his] troops and asked who would be willing to volunteer to assist and [he] designated someone to call the jail to see if they would accept 70 aliens at 2:00 a.m."

According to Robinson, Intenzo later called him back and told him that "the bus was not going to come to New Orleans, and that it had been decided to take the aliens to the Keys, and drive them around and have lunch" to prevent the Congressional visitors from visiting Krome while it was overcrowded. For additional discussion of the allegation that aliens were driven to Key West for lunch, see Section III.A.3., below.

Intenzo admitted that on June 9, 1995, he spoke to Robinson in New Orleans regarding the transfer of Krome aliens to that district. Intenzo, however, denied saying that if 70 people would be sent, they would arrive around 2 a.m. Rather, Intenzo recalled advising Robinson only about the 20 Chinese nationals who were being transferred to New Orleans.

(c)The Transfer of the Aliens

Having decided to advance the schedule and move the 20 Chinese aliens out of Krome before the Delegation's arrival, Intenzo quickly selected an additional 20 aliens to fill the bus on its way to the Jackson County Jail. Those additional 20 aliens were selected, according to Intenzo, with the goal of moving "20 criminals out of the camp."

To verify that these 20 aliens were in fact "criminals," OIG checked both the INS records of criminal history and the NCIC system. We found that of these 20 alleged criminal aliens, five had no record of a prior criminal history in the NCIC records. INS files showed that thirteen had no prior criminal history.

During the course of this investigation, Intenzo (who personally prepared the transfer documents) ultimately admitted that not all of the 20 aliens sent to Jackson County Jail were, in fact, criminals. Intenzo admitted that he selected the aliens first, and then reviewed only some of their alien files. He further admitted that he did not have time to review every file. Intenzo also did not check to see whether any of the alleged criminals were being held in the isolation cells at Krome. Intenzo stated:

I went down the population list looking for certain A-file numbers that I felt were criminal aliens. I came up with a list of 20 aliens. I reviewed some of the files, I didn't check every file. I didn't check the computer for the scheduled court dates. I moved the aliens to reduce the camp's population.

Although Intenzo summarized the June 10, 1995, transfer as a necessary operation to reduce Krome's alien population, he grudgingly admitted that the Delegation's visit did affect the timing of the transfer.

Krome Supervisory Detention Officer Philip Holum stated that he had "never heard of criminal aliens being taken away for such a short period of time." Holum also confirmed that moving aliens on Saturday was not business as usual.

Joseph Kennedy also testified that this last minute Saturday movement of aliens was unusual. With regard to the Chinese aliens being transferred to New Orleans, Kennedy explained that transfers to New Orleans (via Jackson County Jail) usually occur on Mondays, and not Saturdays, as New Orleans only accepts aliens on Tuesdays through Fridays. Kennedy further explained that weekend transfers require overtime pay and are unusual.

On June 9, 1995, Intenzo told Kennedy that 20 criminal aliens were going to be transferred to Jackson County Jail on June 10, 1995, and that the aliens were toreturn four days later on June 14, 1995. [ Intenzo claimed that he did not recall discussing the return of the 20 purported "criminal" aliens back to Krome at the time he issued instructions for their transfer out. Intenzo suggested that Weiss may have made that decision.] Holum heard Kennedy issue instructions on June 12, 1995, that he wanted the alleged criminals back on June 14, 1995. [ Holum testified that he did not know who made the decision to have those aliens returned so quickly.] Kennedy testified that it was abnormal to send 20 criminal aliens to Jackson County Jail and bring them back a few days later -- and should not have occurred. However, Kennedy understood that the "movement" was ordered "because of Saturday" and simply passed the plan on as he had received it.

Although he received his instructions from Intenzo, Kennedy testified that he did not know who made the decision to transfer the aliens that Saturday morning in advance of the Delegation's visit. He stated, however, that he was aware that Intenzo had been speaking to the Region, as had Powers.

Kennedy quickly acted on the instructions he received from Intenzo. On June 9, 1995, to arrange for the physical transportation of the aliens from Krome to Jackson County Jail, the subsequent transport of Krome's Chinese aliens to New Orleans, and the return of the purported "criminal" aliens back to Krome, Kennedy telephoned Supervisory Detention Enforcement Officer James Bealts in Tampa. Bealts is responsible for arranging and coordinating all alien movements in northern Florida. Kennedy told Bealts that Krome was overcrowded and needed to transfer a group of aliens, and that "some urgency had to do with some Congressional Delegation visit and that we would have to work on Saturday." Kennedy told Bealts to move one group, mostly Chinese, to New Orleans via the Jackson County Jail. The other group was to be taken to Jackson County Jail and left there until the Tampa detention officers returned from New Orleans. On the way back Bealts was to pick up that gr oup at the Jackson County Jail and transport them back to Tampa, where they would be met by Krome detention officers and returned to Krome. Bealts testified that he normally received notice several days in advance of any such transfer.

Bealts protested the timing of this transfer because it required him and his subordinates to work on a Saturday. Bealts explained that he had made the same run before and knew that New Orleans did not accept detainees on weekends. Therefore, he knew that the group being sent to New Orleans would have to remainat Jackson County Jail until at least Monday. Kennedy told Bealts that if he "had a problem working on Saturday, [he] could contact the Officer-in-Charge," indicating that the transfer had the approval of upper management. Bealts made the transfers as directed.

Bealts confirmed that transferring the Chinese to New Orleans was normal, but that moving them on a Saturday was unusual. Like Kennedy, Bealts explained that such transfers are normally scheduled for Monday or Tuesday so that the aliens spend only one night at Jackson County Jail before being transported to New Orleans. During the four prior months reviewed by OIG, no alien had been moved out of Krome destined for the District of New Orleans on a Saturday. Bealts explained that moving aliens on Saturday required the payment of overtime to INS employees and a three-night stay at Jackson County Jail for the aliens.

Regarding the group of alleged criminals who were returned to Krome in four days, Bealts similarly confirmed that the movement was very unusual. He stated that such action is normally taken only when disciplinary problems are encountered. A review of the disciplinary records at Krome revealed that no incident report had been filed for any of the 20 aliens during the month preceding their transfer and that none of the aliens sent to Jackson County Jail on June 10, 1995 had recently been the subject of disciplinary proceedings.

(d)What Eventually Happened to the Transferred Aliens

The OIG analysis of Krome's processing log establishes that 19 of the 20 aliens sent to Jackson County Jail were indeed returned to Krome four days later. One of the aliens was released directly from Jackson County Jail to the community. Holum testified that he arranged for the release of that alien, after Powers called him and asked him to do so. He remembered the case because the alien's attorney picked up his client's passport from Holum.

In connection with the District's initial claim that the purported criminal aliens sent to Jackson County Jail were returned to Krome for court appearances and consul visits, OIG reviewed printouts from the Automated Nationwide System for Immigration Review which contains all scheduled alien court dates. We also reviewed Krome's Official Detail forms from June 10, 1995 through June 30, 1995and related alien files. [ The official detail forms document the movement of aliens to and from Krome for various reasons, including consular visits. ]

Although we were only able to determine the case history of 10 of the 19 aliens that returned to Krome on June 14, 1995, the findings regarding court appearances and consul visits are significant -- and contrary to Cadman's representations. [ No relevant information was contained in the records reviewed by OIG regarding nine of the alleged criminals moved to Jackson County Jail. ] Of the 19 aliens who returned from Jackson County Jail, Krome and court records indicated that only eight had court appearances which occurred on or after June 14, 1995. Of those, only two occurred during the week of June 12. And those two were already scheduled when the aliens were moved out of Krome on June 10, 1995. Intenzo acknowledged that prior to selecting those aliens for transfer, he did not check to see if any of the cases had scheduled court appearances. Five of the eight aliens had court appearances later in June 1995; two had appearances in mid- or late-July 1995; one did not have an appearance until February 1996. Four of the court appearances were not even scheduled until after the aliens had already returned to Krome. The results described above are presented in the table below and contained in Appendix 32.

Court Appearances For Aliens Returned To Krome

From Jackson County Jail

On June 14, 1995

Name

Citizenship

Date Of Court

Appearance

Date Court

Appearance Was

Scheduled

Disposition

Adebisi

Nigeria

6/21/95

Could Not

Determine

Krome

7/31/95

Ayyadura

Sri Lanka

7/26/95

6/16/95

Paroled

7/12/95

Chavez Rivera

Honduras

6/15/95

6/7/95

Deported

6/27/95

Demerse

Haiti

2/7/96

8/10/95

Bonded

6/30/95

Escobedo-Castro

Mexico

6/14/95

6/1/95

Deported

7/13/95

Fernandez Isidro

Dominican Republic

7/11/95

6/20/95

Transfer USM

7/31/95

Ramirez

Colombia

6/26/95

Could Not Determine

Deported

7/6/95

Zepeda

Nicaragua

6/19/95

6/14/95

Paroled

6/16/95

Only two of the 19 returning aliens had consular visits which occurred after June 10, 1995. One alien's visit was on June 16, 1995; the other was not until more than six weeks later, on July 31, 1995. [ From the available documents, OIG was unable to determine the date the consul visit of June 16, 1995 was scheduled. ]

During her interview in connection with this investigation, Blake admitted that aliens were transferred out of Krome, at least in part, because Congress was coming. Blake also conceded having known that the allegation had a "basis in fact" when she prepared the July 13 and July 17 Memoranda for Cadman's signature. Yet, she did not include that information in the Memoranda. On being asked whether she now believed that the July 13 and July 17 Memoranda were complete, Blake responded:

If you're suggesting that I might have wanted to change the judgment at the time and change it to include some reference to the Congressional visit as part of the timing for the removal, yes, it might have been wise to add that after the fact, but at the time it didn't seem to.

d. Conclusions

(1)The Eleventh-Hour Transfer of Aliens To Jackson County Jail and New Orleans

The evidence proves that in the early morning hours on Saturday, June 10, 1995, only twelve hours before the Task Force was scheduled to tour Krome, Krome's staff filled a bus that drove 45 detainees out of Krome north to Tampa. Electronic mail correspondence, combined with witness testimony, establishes that Miami District management sought and received approval from Eastern Region management to reduce Krome's population in anticipation of the Delegation's visit. Moreover, the planning, timing and circumstances surrounding the trip confirm that the aliens were transferred in a rush to reduce Krome's population before the Task Force's arrival to prevent the Delegation from seeing the true conditions that then existed at Krome.

Electronic mail correspondence among Miami District and Eastern Regionmanagers shows that on the afternoon of June 9, 1995, Blake approved the immediate transfer of between 40 and 50 aliens "to be stashed out of sight for cosmetic purposes," and that Cadman and Devine were notified of Blake's action.

Krome's managers testified that they were initially prepared for the Delegation to see the camp as overcrowded as it was on June 9, 1995. But, at the last minute, orders were given by "upper management" to reduce the camp's population to an established acceptable level (below 300). The electronic mail communication between Weiss and Blake irrefutably memorializes this last-minute decision and the rushed effort to reduce the camp population.

The credible testimony of all relevant Krome and Miami District managers establishes that the last-minute orders to reduce Krome's population in time for the Delegation's visit were given by Blake and Powers, with approval from Devine and Chasse. Blake has asserted that Cadman had directed her on June 9 to contact Devine at the Eastern Regional Office, advise him that the camp's population was at emergency levels, and seek permission to reduce it in time for the Congressional visit the next day. We do not find this claim credible.

The evidence shows that Blake initiated the Miami District's efforts to quickly reduce Krome's population on the eve of the Delegation's visit. While she notified Cadman concerning her activities by copying him on the Blake Friday E-Mail, the circumstances suggest that Cadman did not direct or approve of her efforts, except by inaction. Until Blake's return from her detail at the Region on June 8, 1995, no action had been taken to significantly reduce Krome's population despite Cadman's awareness of its severely overcrowded condition. Moreover, on June 9, between 1 p.m. and 2 p.m., when responding to Dr. Rivera's plea to address the overcrowded conditions within the PHS lobby area (in which approximately 55 women had slept the night before), Cadman seemed to be entirely unaware that the wheels were already in motion for large numbers of women detainees to be released from Krome in the next 24 hours. Rather than advising Dr. Rivera that her problem was already being addressed, C adman wrote a bureaucratic response requesting that her staff provide more detailed memoranda to enable him to exercise his discretion to parole more aliens. By the time that Cadman wrote that response, Blake had already had her initial conversation with Devine -- indicating that Cadman was not consulted in advance. The first indication that Cadman had become aware of Blake's last-minute effort to reduce Krome's population was in his 3:13 p.m. response to an e-mail from Intenzo "about the teeming hordes" at Krome, in whichCadman responded, "I think Valerie is working with you, Kathy and Ken on the population. . . ."

We further conclude that Eastern Regional managers knew and approved of the reduction of Krome's population to alter conditions in anticipation of the Delegation's visit. Devine admitted that he approved the immediate reduction of Krome's population, but denied that his decision was influenced by the impending Task Force visit. [ Devine testified that ". . . I can state categorically, because I would remember this, I would remember if somebody said hey, there is a congressional committee to meet me and we've got to do something so that they don't see something. If somebody had said that to me, I would have reported them to OIG . . . Congress has the right to look at us, warts and all." ] He claimed that he could not specifically recall conversations with Blake or Chasse on June 9, 1995. Despite his professed failure of recall, [ During the course of this six-hour long testimony, Devine answered that he didn't know the answer, didn't recall or didn't remember at least 17 1 times.] Devine stated that "it would not surprise" him if Blake had called. When asked if, in that conversation, he linked the upcoming Congressional visit with the problem of the overpopulation of Krome, Devine testified:

Well, there would have been -- okay; I don't recall specifically a conversation. If during the conversation --I'm assuming that we had the conversation -- during the conversation I would have expected that we would be specifically relating conversations about Krome to the detention -- to the amount -- and as well as to the fact that the delegation was arriving the next day. I mean that does not surprise me.

Devine also admitted that it was possible that he could have told Blake that he had "better call Carol." Devine further admitted that it was possible that he had a telephone conversation with Chasse on June 9.

Chasse testified that she met with Devine in his office the week before the Delegation's visit and directed him to "do whatever it takes" to "get the population down at Krome" and told him, "[I]t's a problem." Like Devine, however, Chasse denied that her decision was linked in any way to the impending visit of the Task Force. Chasse claimed that she could not recall whether she imposed a Saturday deadline within which the reduction was to be accomplished. She also claimed notto recall whether she directed that the population should be reduced to below 300 aliens. She admitted, however, that it is possible that she gave both of those instructions. Chasse also claimed that she could not remember speaking with Devine or Blake on June 9, 1995, but stated that she could not "remember with any specificity" which day she had issued the instruction to reduce Krome's population. [ During her approximately six and one-half hour long testimony, Chasse responded that she did now know the answer, could not recall or could not remember at least 245 times.]

Despite the denials that there was any connection between their instructions to drastically reduce Krome's population and the Task Force's visit, the weight of the evidence amply supports the conclusion that the transfer of aliens resulted from an eleventh-hour directive to reduce Krome's population in preparation for the Delegation's visit. The planning, timing, and circumstances of the bus trip support this conclusion. Documents, electronic data, and testimony obtained by OIG from Krome, Tampa, Jackson County Jail, and the District of New Orleans make clear that, in unusual circumstances, 45 aliens were bused out of Krome on June 10, 1995 in anticipation of the Delegation's visit later that day.

(2)The Inadequacy and Inaccuracy of the INS Response to the Allegations

Documents and testimony obtained from those most closely involved with the above-described transfers establishes that the District's initial response was, at best, misleading by omission or, at worst, false on critical issues. Moreover, the evidence is flatly inconsistent with the District's initial characterization of the transfer as "ordinary" and "not unusual." (July 13 and July 17 Memoranda). Ultimately, Blake, who drafted Cadman's Memoranda of July 13, 1995 and July 17, 1995, admitted that the District's initial response failed to acknowledge that the allegations contained in the Complaint were factually correct and that the Task Force visit was a significant reason for the movement of detainees out of Krome. Weiss also admitted that her written responses to the allegations, which were later incorporated almost verbatim into the July 13 and July 17 Memoranda, were not accurate in that they conveyed the impression that it was "business as usual" o n the day the Delegation visited, when in fact it was not. Weiss testified that she "knew that the allegations concerning alien movement were true, but her communications with Powers and Blake gave her the impression that a plausible explanation waswanted in response to the allegations."

In justifying the transfer of the 45 aliens on the day of the Delegation's visit, Cadman claimed in the July 13 and July 17 Memoranda that the transfer of the 25 aliens destined for New Orleans was planned well in advance of that visit. He further claimed that those aliens had to be "staged" at Jackson County Jail because of the length of the bus trip and because New Orleans admitted aliens only on certain days of the week. Cadman, however, omitted several significant facts. First, the evidence established that while the transfer of some Chinese aliens had been in the planning stage during the week before the Task Force's visit, the transfer was originally scheduled to occur Monday, June 12, 1995 -- after the Delegation's visit. Moreover, the testimony indicated that such transfers are normally undertaken on Monday because New Orleans does not begin accepting aliens until Tuesday and the bus trip takes under 18 hours, not three days. Testimony from Regional, Kr ome, Tampa, and New Orleans personnel involved in the planning of the transfer to New Orleans makes clear that the trip was moved up to Saturday at the last minute to reduce Krome's population before the Delegation arrived. Advancing the trip was highly unusual and thus necessitated overtime to be authorized and incurred.

In an additional effort to justify the movement of aliens out of Krome on the day of the Delegation's visit, Cadman asserted that the 20 aliens sent to Jackson County Jail were criminals who had to be segregated from the rest of the Krome population. Contrary to Cadman's representations, the documentary record is clear that Weiss and Blake understood that the aliens were being "stashed out of sight for cosmetic purposes." The testimony of Krome's upper management team established that, even if the 20 aliens were criminals, it was highly unusual to move criminal aliens out of Krome knowing that they would be returned only four days later. No Krome, Miami District, or Eastern Region manager could provide a plausible explanation for such an event under the circumstances of this case. In fact, aliens were not selected because they were "criminals;" rather, aliens were quickly selected based on Intenzo's guesswork to reduce the population overnight. Based on OIG 's review, only seven were identified as criminals in their A-files or Krome detention files; 13 were not. Krome's supervisors never checked the A-files themselves to determine if any of the aliens were, in fact, criminal aliens. In addition, based on our review of Krome's file of incident reports and disciplinary proceedings, none of the aliens had been the subject of any such report or action any time during the four weeks before the Delegation's visit.

In addition, Cadman's July 17 Memorandum asserted that 19 of the alleged criminals were returned to Krome four days later to attend deportation hearings and consular visits, which was "not unusual" and was "inescapable." [ Cadman asserted that the remaining alien was deported directly from Jackson County Jail. That alien was actually released to the street.] We did find that 19 of the 20 alleged criminal aliens returned to Krome within four days. However, they were not returned for consul visits or court appearances, which, for the most part, were not scheduled until after the aliens returned and did not occur until weeks later.

INS personnel most involved with the transfer described it not as routine business but as part of a last minute rushed effort to reduce Krome's alien population to an acceptable established level (300) before the Task Force visit. During the four prior months, no alien destined for the District of New Orleans had been moved out of Krome on a Saturday. Testimony confirmed that it was unusual to transfer aliens from Krome on a Saturday to a facility that would not accept the detainees until Tuesday and that to authorize overtime to do so was extremely unusual. The historical evidence establishes that most transfers from Krome to New Orleans are scheduled for Monday through Friday. Our findings further reveal that, in this instance, New Orleans was notified telephonically shortly before the aliens were bused out, rather than several days in advance, as was the norm. Experienced Supervisory Detention Enforcement Officers at Krome and Tampa confirmed that the temporary transfer of al legedly criminal aliens out of Krome for only four days was unusual.

Significantly, those supervisors responsible for physically transporting the aliens out of Krome were directly told that the emergency movement of aliens was part of an effort to reduce the camp population before the Congressional visit. Moreover, during the course of this investigation, Krome and Miami District managers ultimately admitted that the transfer was unusual and was ordered primarily because of the Delegation's impending visit.

To summarize, the weight of the substantial credible evidence plainly establishes that INS managers transferred 45 aliens out of Krome just before the Task Force's visit in order to shield the Delegation from the true conditions at the camp. Substantial credible evidence exists that the decision to move aliens out of Krome was approved at the Regional level by Regional Director Chasse and DeputyRegional Director Devine. Blake's electronic mail message of 1:40 p.m. on June 9, 1995 memorializes both the order to make the transfer and confirms the intention behind it: to deceive the visiting Task Force Delegation. Blake testified that Devine gave the approval after speaking to Chasse. Chasse and Devine claimed they could not recall such conversations, but the documentary evidence and sequence of events support the conclusion that, on this point, Blake is being truthful. The evidence is less certain that District Director Cadman was behind this decision to move the Krome aliens. He received a copy of the Blake e-mail message but seemed credible in denying that he was aware of the communications between Blake and Devine, as well as Blake with Powers and Weiss, at the time the communications occurred. Blake's testimony and the testimony of other managers also led us to conclude that Blake would not have made this decision on her own. Chasse and Devine admitted giving orders to decrease the Krome population; the only issue was of timing and intent. We conclude that, despite their denials or professed failures of recall, Chasse and Devine were responsible for making the decision to reduce the Krome population in order to create a false picture of conditions there for the Task Force.

The OIG estimated the cost of transporting the 45 aliens to Jackson County Jail, moving 25 on to New Orleans, and returning 19 of the remaining 20 aliens back to Krome to be $10,267. The cost of housing the aliens at Jackson County Jail was approximately $3,600.

Once the decision had been made to engage in the subterfuge, no one at the Regional or District levels appears to have openly questioned the propriety of this move. A collective effort appears to have gone into generating and perpetuating false information about the alien transfers from Krome. Indeed, we are deeply troubled by the omissions, inaccuracies and distortions in the July 13 and 17 Memoranda. The purported purpose of these memoranda was to provide the truth about the allegations that aliens had been transferred from Krome. Instead, Blake, Powers, and Weiss attempted to concoct rationales and false explanations for the transfers that were designed to obfuscate and mislead, rather than set the record straight.

3.The Busing of Aliens To Key West For Lunch

a.The Allegation

The Complaint alleged that some of the 83 transferred aliens were "in actuality bussed to Key West or Tampa, given lunch, and sent back to Krome SPC."

b.The District's Initial Response

In his Memoranda, Cadman did not specifically deny that INS management had ordered alien detainees to be bused to Key West, given lunch, and immediately returned to Krome. In his July 13 Memorandum, Cadman stated that a group of approximately 46 aliens was transferred to Monroe County Jail in Key West due to a "lack of space" at Krome. Cadman explained that the aliens had been arrested and detained as a result of an investigation conducted by the Miami District Investigations Section known as "Operation Tarmac."

Operation Tarmac was an employer sanctions investigation initiated by the Miami INS Investigations Section approximately three months before the Delegation visit. The investigation focused on two aircraft-related businesses that were allegedly purchasing airline tickets for aliens and thereby assisting in their illegal entry. Upon arriving in the United States, the aliens were put to work in the two businesses. The two businesses were allegedly paying the aliens substandard wages and withholding the price of the airline ticket from their salaries. It was further suspected that the owner of the companies was assisting the aliens in obtaining false work authorization documents. If the allegations were proven, those responsible would be subject to both criminal and INS administrative violations. A key element of the investigation was to obtain the cooperation and supporting testimony of the aliens involved.

Cadman acknowledged that most of the aliens had requested voluntary removal from the United States and were later returned to Krome for processing and removal, but he did not specify when the aliens asked to be removed voluntarily or when they were returned to Krome from Monroe County Jail.

After being asked by INS Headquarters for further clarification, Cadman provided certain additional facts. (See Section I.F., above). In his July 17 Memorandum, Cadman stated that on June 9, 1995, 36 aliens (not 46 as Cadmanhad stated in the July 13 Memorandum) arrested as part of Operation Tarmac on the afternoon of June 8, 1995, were transferred by bus to Monroe County Jail. Cadman stated that bag lunches were prepared at Krome and provided to the alien detainees during the trip to the jail. Cadman explained that the alien detainees were held at Monroe County Jail pending a decision "by the Investigations unit whether any would be needed as witnesses in any criminal or administrative proceedings" against the two aircraft-related businesses and their owners. According to Cadman, "once advised that they [the alien detainees] were not [needed as witnesses] 27 of them subsequently requested voluntary departure, and were brought back to Krome on June 19 for removal (emphasis added)." Cadman added that "the remaining nine (9) requested hearings and subsequently bonded out [of custody], six directly from Key West and one from Krome." (July 17 Memorandum.)

c.Method and Scope of Investigation

In addition to investigating the allegation set forth in the Complaint -- that is, whether aliens were bused to Key West for lunch and returned immediately to Krome -- OIG also reviewed the factual basis for the District's response. Accordingly, OIG assessed whether alien detainees arrested in Operation Tarmac were transferred to Monroe County Jail and whether the reasons for their transfer and return to Krome comported with those provided in Cadman's memoranda.

To determine the facts underlying this issue, OIG collected and analyzed records and electronic data obtained at Krome, Monroe County Jail, the Miami District Office, the Eastern Regional Office, and INS Headquarters. We reviewed A-files and detention files as well as Krome's internal documents for tracking alien population and movement, including the Krome processing logs, to determine the identity, A-number, and number of alien detainees bused and/or transferred to Monroe County Jail on June 9, the duration of the transfer, the reason for any return to Krome, and the case disposition. OIG obtained, analyzed, and compared the Monroe County Jail inmate booking records for the four-month period between March 1, 1995 and June 30, 1995 with Krome records to determine what constituted normal usage by Krome of the Monroe County Jail. In addition, court documents relating to Operation Tarmac were reviewed and lists of aliens who were arrested and detained were obtained and compiled. [ The documents reviewed in connection with Operation Tarmac included search warrant applications and returns.] Records relating to those aliens were tracked in the Krome and Monroe County Jail systems. We obtained and reviewedavailable alien files for all Operation Tarmac detainees and other alien detainees who were transferred to Monroe County Jail on June 9, 1995.

In addition to the analysis of records and data described above, OIG interviewed all INS employees and managers who worked at Krome on June 9 and 10, 1995, as well as all INS employees and managers with any personal knowledge of alien transfers on that day. OIG interviewed all INS employees and managers directly involved in transferring any alien detainee sent from or to Monroe County Jail on that day, from the Detention Enforcement Officers who transported the aliens to the Camp Administrator. In addition, all INS employees and managers with relevant knowledge concerning Krome's record-keeping and computer systems were interviewed. Employees and managers at Monroe County Jail who had knowledge relevant to the allegation were also interviewed, as were agents and supervisors with knowledge about Operation Tarmac. In total, we interviewed more than 67 witnesses in connection with the allegation that alien detainees were bused to Key West, given lunch, and returned to Krome after the Delegation left.

d.Evidentiary Findings

In providing our evidentiary findings, we first describe what actually happened to the Operation Tarmac aliens who were transported to Key West and then address the likely source for the allegation that they were sent there merely for lunch.

(1)The Operation Tarmac Detainees

While no evidence suggests that Krome aliens were actually driven around Key West, given lunch, and returned to Krome on the day the Delegation visited, the evidence shows that on June 9, 1995, 36 Krome aliens (33 of whom were arrested in Operation Tarmac), were sent to Monroe County Jail in Key West, where the majority spent approximately 10 days prior to being returned to Krome and voluntarily departing from the United States.

In or about March 1995, INS special agents in the Miami District's Investigations Section began investigating allegations that two aircraft-related companies at Miami Airport were hiring aliens whom they had assisted in entering the United States and for whom they had obtained false work authorization documents. This employer-sanctions investigation became known as "OperationTarmac." If the allegations were proven, those responsible could be subjected to both criminal and administrative sanctions. Investigating agents were initially interested in obtaining the cooperation and testimony of the participating aliens.

The potential criminal violations included the encouragement or inducement of aliens to illegally enter the United States in violation of 8 U.S.C. • 1324, the knowing employment of illegal aliens in violation of 8 U.S.C. • 1324(a), and the production or possession of false identification documents in violation of 18 U.S.C. • 1028(a). The administrative violations included the hiring and harboring of illegal aliens and employer sanction-related violations. In connection with the investigation, INS agents compiled lists of the aliens employed by the businesses.

On June 2, 1995, two search warrants were issued in Operation Tarmac by the Honorable Peter R. Palermo, United States Magistrate Judge for the Southern District of Florida. The warrants authorized the search of the two companies and the seizure of persons believed to be illegally in the United States and of documents for evidence. Once issued, Brenda Howell, the case agent, planned to execute the warrants on June 7, 1995.

Prior to the execution of the warrants, Operation Tarmac was discussed at one or more of Cadman's routine staff meetings, which are normally attended by the managers for each of the Miami District's program areas (including Investigations and Deportation and Detention). During that time, Krome was considered to be at full capacity. Krome's managers were concerned, as were deportation and detention personnel, about the potential detention of an additional group of aliens arrested in Tarmac. They were also concerned about funding issues. Investigations supervisors were told that "there was no room at the Krome detention facility to house the aliens, and no money to hold any aliens." Investigations supervisors initially decided, therefore, that all those arrested would be released on their own recognizance. Investigators expected the arrested aliens to cooperate and believed there would be sufficient grounds to support release. Accordingly, at the staff

meetings, Krome managers were advised that the aliens arrested in Operation Tarmac would not be detained.

During the week before the scheduled arrests, Assistant District Director for Investigations Eileen Convy asked Supervisory Special Agent Bill West, a group supervisor, to act for her in connection with Operation Tarmac. On June 5, 1995, Convy briefed West and advised him that the arrested aliens would be released on their own recognizance. On the same day, West was briefed on the operation by Supervisory Special Agent Caryl Thompson and case agent Howell. Later that day, West briefed Cadman on Tarmac and raised "the detention issue." West expressed concern about releasing the aliens on their own recognizance and advised that the detainees might be needed as witnesses. [ Weiss testified that West raised the detention issue at a weekly staff meeting, and that she commented that there was no room at Krome to detain any additional aliens. ] Cadman reportedly shared West's concerns, gave West the "green light" to house the aliens at Krome on the night of the arrest, and stated that Krome was full but that he would work it out. [ Cadman testified that in response to a request by Convy, he made the decision to detain the aliens arrested in Operation Tarmac because "I thought it was extremely important that [Investigations] be given a chance to develop that case and I told [Convy] that if they went out and they made these arrests that I felt I had an obligation to her not just [to] release all of these people on their own recognizance because they would disappear and the case would be gone." Cadman also testified that Convy advised him that West would be acting for her in connection with Operation Tarmac.] West requested funds for further detention. Cadman denied that his decision to detain the Tarmac aliens and have them quickly moved out of Krome was motivated by the Delegation's visit.

According to West, on June 6, 1995, Cadman told him that he had spoken with Carol Chasse in the INS Eastern Regional Office and that funds for further detention for Operation Tarmac were authorized. [ Case Agent Howell testified that Supervisory Special Agent Thompson told her that on June 6, 1995, Cadman asked that Investigations delay the operation until after the Delegation's visit "so that nothing bad would occur or avoid any problems while the Congressional delegation was visiting." Howell stated that Thompson told her he objected to a delay citing extensive planning that had already occurred, prior delays, and the danger that the aliens would be moved. According to Howell, Cadman then concurred with the June 7, 1995 date for executing the warrants. Thompson, however, testified that he did not believe that he had ever spoken with Cadman about Tarmac, particularly just before the warrants were executed. Thompson also denied that he was ever pressured to delay Operation Tarmac. Thompson stated that he believed that West spoke with Cadman about Tarmac. Cadman stated that he didn't think that he had spoken with Thompson prior to the execution of the Tarmac warrants. Cadman also denied ever having told anyone in the Investigations Section that he wanted to delay Operation Tarmac until after the Congress had visited. ] Cadman, however, testified that his decision alone was sufficient to fund the temporary transfer of the Tarmacaliens at Monroe County Jail and that he did not need and did not get special approval from the Region for that movement. Chasse initially testified that she was never consulted about or authorized special funding to temporarily house the Tarmac aliens. She then testified that she could have been asked for that funding but did not recall it.

Also on June 6, 1995, Cadman responded to an e-mail inquiry about Operation Tarmac from Carole Florman at INS Headquarters, who was handling public relations and media for the Delegation's visit. Florman had previously contacted Cadman by telephone in an effort to arrange for "the members of the Congressional Task Force to see positive media upon their arrival in Miami." In that connection, Operation Tarmac was raised as a possible "positive" story. On June 7, 1995, in response to Cadman's e-mail, Florman responded that she believed that Operation Tarmac was such a story and discussed preparing a media advisory and planning a press conference about it.

After reading the aforementioned e-mail, Chasse learned from Cadman that Florman was instrumental in planning and timing Operation Tarmac to coincide with the Delegation's visit. Chasse telephoned INS Chief of Staff Michael Becraft at INS Headquarters to complain about the public information office directing an operational initiative because she thought it was inappropriate. According to Chasse, Becraft agreed.

On June 7, 1995, INS special agents executed the search warrants. Initially, 51 people were arrested. However, three of those were found to possess appropriate documents and were released, and forty-eight were transported by Detention Enforcement Officers and Special Agents to Krome and detained overnight. On June 8, 1995, the 48 detained aliens were taken to the Miami District Office and interviewed. Fourteen of those were released on their own recognizance and thirty-four were held in detention (with twenty-seven opting for a voluntary departure to their home countries and seven requesting to go before an immigration judge for formal deportation hearings).

Krome's managers were not advised of the decision to detain the aliens arrested in Operation Tarmac until June 7, 1995, when the Operation was already in progress. Since the original plan was to process and release the arrested aliens, Krome was scheduled only to provide two bus drivers and a bus so that the aliens could be transported to the Miami District office following their arrest. Approximately two hours after the raid was scheduled to occur, Kennedy paged one of the drivers to learn the status of the operation. The driver called Kennedy and advised that "the bus load of aliens was on its way to Krome, where the aliens would be housed." According to Kennedy, he then reported the aliens' impending arrival to Intenzo, who "was surprised since he had no idea the aliens were coming to Krome."

Intenzo called the Investigations Section at the Miami District Office "to determine what was happening." Intenzo spoke with West at about 4 p.m. on June 7, 1995. West advised Intenzo that Krome would be receiving between 30 to 40 aliens from Operation Tarmac to be detained overnight, and that the detention had been authorized by Cadman. At that time, West advised Intenzo that "most of the aliens were withdrawals, voluntary departures." Intenzo then instructed Kennedy to find space for the aliens at Krome. In view of the late hour, West had decided to house the aliens overnight at Krome and to begin processing them at the District Office on June 8, 1995.

Though housed outside in the Krome visitors' pavilion on the evening of June 7, 1995, the arrested aliens were not actually booked into the facility until the next day. There is no information concerning the Tarmac aliens in Krome's processing logs or computerized records for that evening. [ When questioned on this subject, Krome managers said they were unaware that the aliens arrested in Tarmac were not processed into Krome on June 7, 1995 and could not identify who made that decision. Intenzo testified that he believed that he saw the Tarmac aliens logged into the processing log for June 7, 1995. Intenzo later suggested, however, that the aliens may not have been booked into Krome that night because they were considered to be in transit.] On the evening of June 7, 1995, West assigned between four and six special agents to remain with the aliens at Krome to help guard them. [ At the time of his testimony in this investigation, Cadman was under the mistaken impression that on the evening of June 7, 1995, the women detainees normally housed in the women's dormitory within the PHS building were moved to the outdoor visitors' pavilion to accommodate the Tarmac aliens, who were housed in the women's quarters in their stead. Cadman further testified that he believed that some of the Tarmac aliens were even sleeping in the Public Health sick call area. According to Cadman, on June 8, 1995, Dr. Rivera was unable to conduct sick call because of the overcrowding and was "furious." Cadman testified that he learned of these conditions on June 8 and was also told that investigators were still in the process of interviewing the aliens. At that time he ordered that the Tarmac aliens be moved immediately. In his June 9, 1995 response to Dr. Rivera's June 8, 1995 e-mail regarding the effects of the overcrowded conditions in the Public Health area, Cadman never advised Dr. Rivera that he had taken action to alleviate those conditions. Rather, he requested tha t she provide more complete evaluations of aliens requesting parole for medical reasons. ]

On June 8, 1995, the aliens were transported to the Miami District Office forprocessing and debriefing. Thompson testified that "[a]s the interviews progressed it became apparent that we did not have a criminal case." The agents then decided to seek administrative remedies, for which alien witnesses would not be required. Cadman testified that it was not until sometime the following week, upon receiving a follow-up inquiry from the press, that he found out that the criminal case had been abandoned early on. Cadman implied that he did not know it had been abandoned prior to the departure of the aliens for Monroe County Jail. [ Cadman's July 17, 1995 Memorandum represents that the Tarmac aliens were transferred to Monroe County Jail "pending a determination by the Investigations unit whether any would be needed as witnesses in any criminal or administrative proceedings." During his interview, Cadman maintained that at the time he prepared the memorandum he felt the memorandum was accurate. He pointed out that he relied on his staff to provide him with the facts. ]

During the processing on June 8, 1995, the majority of the aliens expressed a desire to return voluntarily to their countries of origin. As early as June 8, 1995, 27 of the 34 detained aliens chose voluntary departure and signed a Warning of Rights and Request for Disposition (INS Form I-827B), in which they agreed to be detained and removed from the United States without formal deportation hearings. The aliens' acceptance of voluntary departure was further recorded on the Order to Detain or Release Aliens (INS Form I-203A) dated June 8, 1995. [ When confronted with INS Form I-203A (Order to Detain or Release Aliens) indicating that the majority of the Tarmac aliens had already requested voluntary departure by June 8, 1995, Cadman indicated that although he was not aware of this, it would not have altered his statements in the July 17, 1995 Memorandum. Cadman explained that even though the aliens had requested voluntary departure, INS could still be considering the value of t he aliens as witnesses as of June 8, 1995. As discussed above, Cadman maintained that he never discovered that the criminal case had also been rejected by that date. ] This form listed 27 aliens as voluntary departures and seven aliens as Orders to Show Cause and Warrants of Arrest. [ Aliens processed for deportation hearings are served with an Order to Show Cause why they should not be deported from the United States. Those held in custody are also served with a Warrant of Arrest and bond conditions are established.] The Order to Detain or Release Aliens is attached as Appendix 33.

On the afternoon of June 8, 1995, the 34 Tarmac aliens were transported back to Krome for the night. The processing log reflects that they were booked into Krome at 11:30 p.m.

The decision was then made to send the 33 male Tarmac aliens to Monroe County Jail. In our interviews, we found that no Krome manager fully accepted responsibility for that decision. Cadman testified that while he ordered the Tarmac aliens to be moved to a non-service detention facility, he did not select the facility. Rather, he claimed that he left that decision to his subordinates and did not know who made the decision to send the aliens to Monroe County Jail. Weiss testified that she, Intenzo, and Kennedy collectively decided to send the aliens to Monroe County Jail. Intenzo, however, testified that he was "upset that the decision had been made to detain [the Tarmac aliens]" and "wanted to stay out of the handling of the detainees from Operation Tarmac." According to Intenzo, Weiss told him that the Tarmac aliens were going to be bused to Monroe County Jail and he didn't ask any questions. Intenzo assigned Holum to handle the paperwork for Operation T armac. Kennedy testified that "in light of the lack of notice regarding the detention of [the Tarmac] aliens and the overcrowded conditions at Krome, [I] decided to leave the problem of finding housing space . . . to the District Office." From testimony, we found that Monroe County Jail was selected because, despite the high cost of $65 per alien per night, space there was readily available. [ Managers at Monroe County Jail at the facility expressed a willingness to accept INS detainees, indicating that they welcome the revenue at $65.00 per night per alien. This figure is the highest of any of the non-INS facilities used in the state of Florida. The average cost per night at other facilities is $45.32. Monroe County Jail does, however, have an abundance of bed space and requires only short advance notice. Advance notice may be provided by telephone during which the jail is provided with the names and dates of birth of prospective inmates. The booking procedures at Monroe County Jail for INS detainees are the same as for any other inmate. All are given a preliminary medical screening with a complete physical for inmates who stay longer than 14 days. Officials at the jail stated that INS detainees remain at the jail until picked up. The only exceptions are aliens who are able to post bonds. In those instances, INS sends a facsimile message asking that an inmate be released.]

The one female alien arrested in Operation Tarmac was not transferred to Monroe County Jail, but rather was quickly removed pursuant to a voluntary departure. The Krome processing log shows that she was released on "Friday," June 8, 1995 at 10:06 a.m. ( Friday was actually June 9.) The relevant log entry says "Avianca," which indicates that she went to the airport and was removed from the United States. The INS Form I-203A shows that she requested voluntary departure on June 8, 1995.

At the time that the Tarmac detainees were sent to Monroe County Jail, Krome managers were aware that most of them were voluntary departures and would have to be returned to Krome relatively soon. Intenzo "knew that voluntary departures would have to come back to Krome before being sent back to their home countries." Kennedy learned that most of the Tarmac detainees were voluntary departures about a day before they departed for Monroe County Jail. The average time for the release of a voluntary departure is three to five days. Intenzo testified that:

It was abnormal to house aliens who were voluntary departures at Monroe County Jail in Key West. The normal procedure is to keep voluntary departures at Krome. [ Kennedy testified that the average time for a voluntary departure is six days, though it can be done in less time if the relevant consulate is interested in cooperating in the return of the alien to his or her home. In the case of the Tarmac detainees, Kennedy was aware of consulate interest in at least five cases. Kennedy also implied that it was not unusual to send the busload of voluntary departures from Operation Tarmac to Monroe County Jail. Intenzo also stated that when Krome is overcrowded, "administrative cases are housed wherever we can find space. I didn't try to keep these voluntary departures who were bussed to Monroe County Jail at Krome. I didn't want anything to do with the aliens that were detained from Operation Tarmac."]

Krome's managers, however, generally described the use of Monroe County Jail to temporarily house Krome's aliens as routine. OIG's review of Krome's use of Monroe County Jail, however, shows that between March 1, 1995 and June 8, 1995, Krome had not transferred aliens to the Key West facility to house aliens. [ The inmate booking records of the Monroe County Jail were reviewed for inmates received from Krome between March and June of 1995. This booking information included the time and date the aliens arrived at Monroe County Jail and the date they departed and/or were returned to Krome. We compared these records with information obtained from Krome processing logs. A spread sheet was developed that summarizes this information, and is attached hereto as Appendix 35. The spread sheet shows that 36 aliens were transferred from Krome to Monroe County Jail on June 9, 1995, and 26 more were transferred on June 30, 1995. No aliens were transferred to Monroe County Jail between March 1, 1995 and June 8, 1995.]

On the morning of June 9, 1995, 36 aliens were placed on a bus and transported to Monroe County Jail in Key West, Florida. Two INS special agents assisted Krome's detention officers in this transfer. Of the 36 who were transferred, 33 were arrested in Operation Tarmac. Three aliens (two Cubans and a Haitian) were added to the group. No Krome manager was able to identify who directed that those three aliens be added to the group or provide a basis for that decision. One was considered a long-term detainee. The aliens were provided with bag lunches during the trip.

Monroe County Jail is located at the tip of the Florida Keys, a bus trip of approximately 3 1/2 hours from Krome. The facility is modern and has a maximum capacity of 584 inmates. The documentary evidence is in conflict as to when the aliens actually departed Krome for Key West. Krome processing logs indicate that the entire group of aliens was moved out at 11:05 a.m. on June 9. However, Monroe County Jail booking information shows that 35 of the aliens were accepted at the jail between 7:22 a.m. and 9:36 a.m. It also indicates that one alien was accepted at 4:21 p.m. A spread sheet listing all the aliens sent to Key West on June 9, 1995, identifying those arrested in Operation Tarmac, and indicating the time of release from Krome and admission to Monroe County Jail is attached as Appendix 34. In all but the one case noted above, the time of entry into Monroe County jail precedes the alien's release from Krome, reflecting some inaccuracy in the documentary evidence.

We determined that of the 36 aliens sent to Monroe County Jail, 23 returned to Krome within ten days. A further breakdown of the duration of those and other aliens' stays at Monroe County Jail is as follows:

- 1 alien returned to Krome in 1 day

- 22 aliens returned to Krome in 10 days

- 1 alien returned to Krome in 16 days

- 1 alien returned to Krome in 20 days

The other eleven aliens did not return to Krome prior to June 30, 1995. The spread sheet attached as Appendix 35 lists all the aliens sent to Monroe County Jail on June 9, the date of release from Krome, the date of their return to Krome, and the duration of their stay at Monroe County Jail.

Of the 36 aliens sent to Monroe County Jail on June 9, 1995, 23 voluntarily departed the United States and 10 were either bonded out or scheduled for hearings. The disposition on three aliens could not be determined. [ Dispositions for two of the aliens could not be obtained because their A-files could not be located. One disposition could not be determined based upon the review of the alien's A-file or detention file.] All but one of the voluntarily departing aliens returned to Krome in 10 days for subsequent removal. [ The one that did not returned in 16 days.] Of those who bonded out, four were released directly from Monroe County Jail. The spread sheet attached as Appendix 36 lists all the aliens sent to Monroe County Jail on June 9, the date of release from Krome to Monroe County Jail, the date returned to Krome from Monroe County Jail, and the disposition of each case.

(2)The "Key West Lunch" Bus Trip

OIG's review of Krome's processing logs, computerized daily custody report, official details, trip tickets, and radio logs did not reveal any evidence of any bus trip in the days preceding the Delegation's visit in which aliens traveled to and from Key West on the same day. All district and Krome managers denied that any such trip occurred. Of the more than 67 witnesses interviewed, none testified to observing or participating in such a trip. As discussed below, however, witnesses did testify they heard comments from Krome's Supervisory Deportation Officer regarding plans for such a trip.

As discussed above (see Section III.A.2.c.(2) on the transfer to New Orleans), by June 9, 1995, Regional personnel had become involved in the effort to move aliens out of Krome quickly. In one of the telephone calls made that day to follow up on these orders, Intenzo had told Robinson that "the bus was not going to come to New Orleans, and that it had been decided to take the aliens to the Keys, and drive them around and have lunch" to prevent the Congressional visitors from seeing Krome while it was overcrowded. Robinson told Munroe and Barry Carter, a Senior Immigration Inspector at Miami Airport, about his conversation with Intenzo.

Munroe initially denied any recollection of being told that Krome's detainees were sent to Key West. In a subsequent interview, however, Munroe confirmed that he did recall that Robinson related the substance of Intenzo's remarks about busing aliens to Key West for the day. Munroe said he felt that the statement was probably made as a joke. Carter also confirmed that Robinson related that he had received a telephone call from Intenzo, who said that he "needed to ship 70 aliens to Oakdale right away because of the Congressional inspection." Carter further reported that Robinson said that Intenzo later called back and said that he "would put the aliens on a bus and drive them around Key West instead."

Intenzo admitted that on June 9, 1995, he spoke with Robinson in New Orleans regarding the transfer of Krome aliens to that district. Intenzo, however, denied saying that if 70 people would be sent, they would arrive around 2 a.m. Rather, Intenzo recalled advising Robinson only about the 20 Chinese nationals who were being transferred to New Orleans. (For discussion regarding the transfer of the 20 Chinese aliens, see Section III.A.2.c.(2)., above). Intenzo denied making any statement regarding the busing of Krome aliens to Key West for lunch, even in a joking way. [ Intenzo testified, however, that he "know[s] Robinson to be an honest guy."]

e.Conclusions

(1)The Operation Tarmac Detainees

Witness interviews and records substantiated the temporary transfer by bus of 36 aliens from Krome to Monroe County Jail on the morning of June 9, 1995. But those aliens were not simply given lunch and returned to Krome. The majority of the 36 aliens were incarcerated at Monroe County Jail for 10 days, though some stayed longer. An examination of the relevant records revealed that 33 of the 36 aliens were taken into custody on June 7, 1995, only two days before the Delegation visit, during Operation Tarmac.

According to special agents and supervisors involved in Operation Tarmac, as well as the records they generated and those maintained at Krome, 34 aliens were detained in Operation Tarmac -- 33 men and one woman. The 33 men, with three other male detainees at Krome, were transferred to Monroe County Jail. No witness has been able to explain the reason for the transfer of the additional three detainees.

Our review of the Krome and Monroe County Jail records established that the dispositions of the cases of the transferred detainees differ from those reported by Cadman in his July 17 Memorandum. In explaining the reasons for the transfer to Monroe County Jail, Cadman stated that all of the detainees were arrested in Operation Tarmac, that they were to be held until their value as witnesses could be determined, and that the decision to allow voluntary departures was made only after they were transferred. Witness interviews and a careful examination of the relevant records, however, indicate that Cadman's claims were not true.

We determined that 23 of the 36 aliens accepted voluntary departure and were removed; ten were scheduled for hearings. One of the ten was deported on August 17, 1995. Of the ten who were scheduled for hearings, four bonded outdirectly from Monroe County Jail. The rest were returned to Krome and bonded out from there. Based upon the available records, we could not determine the disposition for three of the 36 aliens -- the same three aliens (two from Cuba and one from Haiti) who were added to the Tarmac group.

According to INS Investigations personnel, the supervisory special agent (in consultation with the case agent and Assistant United States Attorney) determined that there would be no need for alien witnesses before the Tarmac group ever left Krome. They had decided that they did not have a criminal case and that the aliens would be treated solely as immigration violators before the aliens were even booked into Krome. Indeed, most of the aliens had agreed to voluntarily return to their home countries before they left Krome for the Keys on June 9. The testimony of Krome's supervisory deportation and detention officers established that the voluntary departure process normally takes approximately three to six days. Krome's Chief Supervisory Detention Officer stated that it is not unusual to temporarily transfer detainees who are awaiting voluntary departure. Several INS Miami District managers claimed that Krome's use of the Monroe County Jail on June 9, 1995 was ordinary, and that the jail had been used to house Krome aliens on many prior occasions.

These claims were not validated by our four-month survey of Krome and Monroe County Jail records, which indicated that the June 9, 1995 transfer was the only such event of its kind during this period. Moreover, Krome's Chief Supervisory Deportation Officer acknowledged that it was abnormal to house aliens who were to voluntarily depart from Monroe County Jail. He stated that the normal procedure is to keep such aliens at Krome.

Witness interviews with INS investigations personnel also established, however, that the decision to detain the Tarmac aliens was made by Cadman just prior to the arrests and the Delegation visit. The testimony revealed that Cadman's decision reversed a prior understanding with Krome managers that the Tarmac aliens would be released in light of Krome's overcrowded condition. The evidence further indicates that the decision to temporarily transfer the Tarmac aliens to Monroe County Jail preceded the Region's June 9, 1995 instructions to reduce Krome's population in anticipation of the Delegation's visit.

Although the transfers did reduce the population of Krome for the Delegation's visit, it appears that the motivation underlying this decision was to ameliorate an overcrowding problem and not to attempt to deceive the Delegation. If Cadman had wished to avoid having the Tarmac aliens further overcrowd Krome at the time of the Task Force's visit, he could simply have decided on June 7, 1995 not to have detained them in the first instance.

(2)The "Key West Lunch" Bus Trip

In all of the records examined in connection with this facet of the allegations in the Complaint, including all those relating to the transporting of detainees, there was no indication that Krome aliens were placed on a bus, driven to Key West for lunch, and returned to Krome after the Delegation had completed its visit. None of the witnesses interviewed in connection with this allegation, including all of those who worked at Krome on June 9 or June 10, 1995 and were involved in the transportation of alien detainees, had any knowledge of aliens having been bused to Key West for lunch and being immediately returned to Krome. When questioned on this subject, all Miami District and Krome management officials with relevant authority denied the existence of any such trip.

We nevertheless were able to identify the likely source of the allegation. It most likely arose from Intenzo's phone call to Robinson in which he apparently said that "it had been decided to take the aliens to the Keys, and drive them around and have lunch." According to Robinson, the reason for the plan was to "keep the Congressional people from visiting Krome while it was overcrowded." Robinson subsequently told Munroe and Barry Carter, a senior inspector at Miami Airport, about his conversation with Intenzo. Intenzo denied making these statements, even in a joking way, but we found no basis for questioning the credibility of Robinson, who contemporaneously related them to his colleagues. Although Munroeappeared to explain away Intenzo's statement as a joke, neither he nor Carter contradicted the substance of Robinson's recollection of Intenzo's statement. Thus, even though no empirical evidence supports the "lunch" allegation, w e were able to determine its likely source.

(3)The Inaccuracy of the INS Response

Although aliens were not, in fact, sent to Key West for lunch, and the transfer of the Tarmac aliens does not appear to have been motivated by the Delegation's impending visit, Cadman's factual representations regarding the reasons for the transfer were inaccurate. Moreover, after the delivery of the July 13 Memorandum, Cadman was alerted by INS Headquarters that questions about the District’s explanation remained. Even after being given a second chance to explain and/or correct inaccuracies, Cadman still presented a distorted version of events. The repeated inaccuracies within the Miami District and the Region reflected the overall tendency to disregard the seriousness of the allegations based upon their source.

4.The Release of Alien Detainees into the Community

a.The Allegation

The Complaint alleged that on June 9 and June 10, 1995, 54 detainees were paroled (released) into the local community. The Complaint alleged that some of these detainees were released to the community with unknown criminal and medical histories.

b.The District's Initial Response

In his July 13 Memorandum, Cadman acknowledged that 58 aliens were indeed released from Krome into the community on those days. Cadman asserted, however, that the release of those aliens was a normal daily occurrence and that they were paroled pursuant to the guidelines contained in 8 C.F.R. • 212.5. Cadman stated that those released were not criminals and asserted that all of the paroled aliens had medical clearances, established identities and intended domiciles.

During Cadman's initial interview on July 18, 1995, he stated that all aliens transferred out of Krome on June 9 and 10, 1995, were moved in the normal course of business and not to deceive or mislead the Task Force.

c.Method and Scope of Investigation

To investigate this allegation, we first obtained records and documents, reviewed electronic data, and conducted interviews to determine the identity, A-number, criminal history and medical screening and clearance status for all detainees who were released from Krome into the community between June 8, 1995 and when the Task Force arrived at Krome on June 10, 1995. We also obtained data from Krome's local computer system, internal logs and documents for tracking the alien detainee population and movement, alien files, and work folders maintained at Krome for each alien detainee. This enabled us to know Krome's daily population levels and the number of aliens released on a daily basis for a twelve-month period from August 1, 1994 to July 31, 1995. Finally, we conducted approximately 70 interviews of employees at Krome, as well as managers and support personnel at the Miami District Office, Eastern Regional Office, and INS Headquarters, to determine their knowledge about and reason s for the detainee releases immediately preceding the Delegation's visit.

d.Evidentiary Findings

The events that led up to the mass releases of Krome aliens on June 9 and 10, 1995, were the same as those that led up to the transfer of aliens to Jackson County Jail and New Orleans. (See Sections III.A.1.d. and III.A.2.c.(2)., above). For the reader's convenience, those events will be summarized in abbreviated form below, and will be supplemented with information specifically relating to releases (as distinguished from transfers).

Krome's managers began expressing concern regarding the effects of overcrowded conditions on the facility long before the Delegation's scheduled arrival. Weiss and Intenzo had opposed the imposition of strict detention and limited release policies that followed the Attorney General's May 2, 1995 announcement regarding the normalization of removals of Cuban rafters. They had urged Cadman to continue to release Cuban and other aliens as they had been doing previously under the Chris Sale Guidelines. In consultation with INS Headquarters, however, Cadman decided on a strict detention and limited release policy becausehe thought he had no real choice in the matter. [ Chasse testified that she was well aware that "Dan felt like they had removed his parole discretion because -- well, let me put it this way; Dan knew very clearly, as did I, that there was going to be an enormous amount of second guessing of any parole decision and that we felt it was much better that if everybody r eached the consensus of what that discretion was going to entail." When asked what that consensus was, Chasse said that they never reached consensus. As a result, there were very few aliens released between May 2, 1995 and the Delegation's visit.]

Under that policy, aliens would be released only if they were genuinely eligible under a strict reading of the applicable statutes and regulations. [ Congress has granted the Attorney General discretion to temporarily parole aliens applying for admission into the United States for "emergent reasons or for reasons deemed strictly in the public interest." 8 U.S.C. 1182(d)(5). The criteria pursuant to which aliens may be released from INS custody for "emergent reasons" and "for reasons deemed strictly in the public interest" are set forth in greater detail in the Code of Federal Regulations. See 8 C.F.R. 212.5(a). Such parole does not constitute an admission of the alien into the United States. 8 U.S.C. 1182(d)(5).] According to criteria laid out in those authorities, the District Director should consider paroling aliens who have serious medical conditions and for whom continued detention would not be appropriate, 8 C.F.R. • 212.5(a)(1), as well as for the follow ing groups of aliens (as long as they pose neither a security risk nor a risk of flight):

(1) Women who have been medically certified as pregnant;

(2)aliens who are defined as juveniles pursuant to 8 C.F.R. • 242.24; [ Juveniles are defined at 8 C.F.R. 242.24 as aliens under the age of eighteen years. Specific guidelines establishing an order of preference regarding the assignment of custody for released juveniles are also set forth at 8 C.F.R. 242.24. Under those guidelines, juveniles shall be released, in order of preference, to (1) a parent, (2) legal guardian, or (3) adult relative (brother, sister, aunt, uncle, grandparent) who are not then in INS detention. 8 C.F.R. 242.24(b)(1). If an individual as described above cannot be located and the juvenile has identified a parent, legal guardian or adult relative in INS detention, simultaneous release of the juvenile and that identified person shall be evaluated on a discretionary, case-by-case basis. 8 C.F.R. 242.24(b)(2). Where the parent or legal guardian is in INS custody or is outside the United States, the juvenile may be released to a person designa ted by the parent or legal guardian in an affidavit sworn before an immigration or consular officer. 8 C.F.R. 242.24(b)(3). In only "unusual and compelling circumstances and in the discretion of the District Director . . ." a juvenile may be released to an adult other than a parent, legal guardian, or relative who executes an agreement to care for the juvenile's well-being and to ensure the juvenile's presence at all future proceedings before the INS. 8 C.F.R. 242.24(b)(4).]

(3)aliens who have close family relatives in the United States (parent, spouse, children, or siblings who are United States citizens or lawful permanent resident aliens) who are eligible to file, and have filed a visa petition on behalf of the detainee;

(4)aliens who will be witnesses in proceedings being, or to be,conducted by judicial, administrative, or legislative bodies in the United States; and

(5)aliens whose continued detention is not in the public interest as determined by the district director. [ In addition, aliens subject to prosecution in the United States who are needed for the purposes of such prosecution may be paroled to the custody of the appropriate responsible agency or prosecuting authority. 8 C.F.R. 212.5(a)(3).]

8 C.F.R. • 212.5(a)(2).

On their face, the statute and regulations grant significant discretion to the District Director in applying the criteria and in determining those persons whose continued detention is "not in the public interest." 8 C.F.R. • 212.5(a)(2)(v). [ In addition, the regulations provide that the District Director "may require reasonable assurances that the alien will appear at all hearings and/or depart the United States when required to do so," and lists certain factors to be considered in meeting that requirement. 8 C.F.R. 212.5(c). The regulations further grant the district director discretion in considering the listed factors and determining what amounts to "reasonable assurances." 8 C.F.R. 212.5(c). Changes in a District Director's interpretation of the parole criteria therefore may greatly affect the number of aliens who are eligible for release from a detention facility.] After May 2, 1995, in light of the position taken by INS Headquarters, Cadman was n ot inclined to exercise his discretion in favor of release.

In addition to meeting the requirements of a strict interpretation of the applicable statute and regulations, after May 2, 1995, aliens could only be released if they had cooperated with a Miami District intelligence-gathering effort and had been personally approved by Cadman for release. [ Powers testified that "It was understood that if an alien cooperated, the cooperation would count towards release but only if the alien also fit within the statutory criteria under U.S.C. 212.5. It was my understanding that aliens who did not cooperate and aliens who were not yet interviewed were not to be released. These were Mr. Cadman's instructions. They were verbal not written. Mr. Cadman was to personally sign off on all alien releases ." Intenzo, Krome's Supervisory Deportation Officer, testified that "Between May 3, 1995 and June 9, 1995 . . . releases had to be reviewed up through the chain of command." Cadman testified that at the beginning of the period between May 2 and June 8, 1995, he had to personally authorize all paroles, but that at some point before June 8, Deportation Officers were once again authorized to make that decision. He indicated that he was confused as to time periods, and that if the Supervisory Deportation Officer stated that Cadman's personal authorization was required through June 8, 1995, the supervisor must have believed that to have been true. ] The intelligence-gathering effort, administered by Miami District Intelligence Analyst John Shewairy, required Cuban aliens to provide accurate information to INS regarding the means by which the alien had attempted to illegally enter the United States. Under Cadman's instructions, aliens were not even to be considered for parole unless they had beeninterviewed, provided such information, and were included on a list provided by Shewairy to Intenzo. In addition, such aliens were required to sign a "Statement of Understanding" reflecting their agreement to cooperate with the INS. Cadman's personal signature, along with that of the alien, was required on each "Statement of Understanding." Between May 2, 1995 and June 10, 1995, Cadman did not delegate the authority to sign those Statements of Understanding to anyone. [ Cadman personally designed the Statement of Understanding and provided it to Shewairy. Cadman instructed that these Statements were not to be handled like other forms, because he wanted to personally review and sign them himself. Cadman gave this instruction to Powers to be passed on to the personnel at Krome.] The strict detention and limited release policy was extended to illegal entrants of all nationalities to avoid litigation. A longstanding Miami District policy promulgated by Cadman that disfavored mass releases of Cuban and Haitian aliens remained in effect during the period after May 2, 1995.

As Krome's population increased during May 1995, on-site managers directly responsible for controlling the Krome population repeatedly expressed their heightened concern. As Holum testified:

The camp was above capacity and for weeks Intenzo and I had wanted to resume releasing aliens. I feel that District Director Cadman was under the impression that we shouldn't release anyone . . . I had the feeling he was told not to release anyone.

Throughout May, District managers had advised the managers in the Eastern Regional Office about the increasing problems attributable to the steady rise in Krome's population and had actively sought relief. Although the Region was aware of the overcrowding problem, the population continued to rise. Very few aliens were released between May 2, 1995 and June 8, 1995 and each one "had to be reviewed up through the chain of command." Aliens were released only in "extreme cases like pregnant women and Cadman had to approve their release." Our analysis of Krome records revealed that from May 2, 1995 through June 8, 1995, there was an average of only seven alien releases to the community per day from Krome. See Appendix 37.

The sequence of events on Friday, June 9, 1995 has already been described. See Section III.A.2.c.(2)., above. Just as Krome officials moved quickly to transferaliens to New Orleans and Jackson County Jail, so, too, did they hastily determine which aliens to release.

Two Immigration Inspectors normally assigned to Miami Airport, Marco Fernandez and Francis Cassidy, reported to Krome on the morning of June 9 with a list of Cuban detainees to interview in connection with Shewairy's intelligence project. The list contained approximately 100 Cuban men and between 50 and 60 women. The day before, Fernandez and Cassidy had been briefed by Shewairy concerning the intelligence project. Shewairy instructed them that "due to the May 2, 1995 policy change, all Cuban detainees were to be held indefinitely until their level of cooperation was satisfactory . . . . " They further understood that releases would be contingent upon a determination that the aliens had fully cooperated during the interviews. Shewairy also informed Fernandez and Cassidy that "this directive came from Washington."

Before they began their interviews at Krome on June 9, 1995, Fernandez and Cassidy briefed Intenzo on "the nature of their detail and the importance that none of the Cuban detainees be released until they had been debriefed and cleared." On June 9, 1995, Fernandez and Cassidy decided to begin by interviewing the Cuban women. They interviewed between ten and twelve Cuban women that day. [ Cassidy stated that they "each" interviewed "10-12 Cuban detainees." Fernandez testified that "we had interviewed approximately 10 females before the end of the shift on that day." ] During the interviews, Fernandez and Cassidy told the aliens that they would not be released from Krome unless they fully cooperated. Of those interviewed, only two were approved as eligible for release from Krome. Fernandez and Cassidy provided Intenzo with a list of Cuban aliens who they did not want released.

At approximately 10:25 a.m. on June 9, 1995, Holum faxed a list to the Community Relations Service (CRS) [ CRS, which is within the Department, has been involved in providing humanitarian assistance and resettlement and placement services for the Cuban and Haitian migrant population since 1983, pursuant to the Refugee Education Assistance Act of 1980 (Pub. L. 96-422, Oct. 10, 1980) Section 501(c)(1)(A). CRS has a field office in Miami, which grants agreements to private volunteer agencies to help resettle Cuban and Haitian aliens being released from detention at Krome. When Krome has a Cuban or Haitian detainee to be released to the community on parole, Krome contacts CRS via telephone or facsimile and provides whatever information is available on the alien's identification ( e.g. , name, date of birth, A-number, section of law released under). CRS then forwards that information to one of the voluntary agencies that makes resettlement arrangements for the alien and picks up t he alien at Krome. ] containing the names of ten Cuban aliens to be released from Krome to the community that day. The facsimile is attached asAppendix 38.

At 10:31 a.m., Shewairy sent an electronic mail message to Weiss, Powers, Cadman, Blake and Assistant District Director for External Affairs George Waldroup in which he indicated that he understood that some aliens would be released that day. Shewairy then provided a list of those Cuban aliens who could be considered for release and stated, "[A]lthough they didn't provide 100% cooperation, they're our best shot." This list contained the names of 19 Cuban aliens. Shewairy concluded by saying:

That's about the best I can do for now . . . In any respect, we're done with anyone who came in from May 2-21 (inclusive). If you need to cut someone loose . . . please don't go with anyone who came in on May 22 to present . . . .

(E-Mail from Shewairy to Weiss, Powers, Cadman, Blake, Waldroup dated June 9, 1995 at 10:31 a.m. re: "Additional Cuban Candidates for Release"). The full text of the Shewairy e-mail is attached as Appendix 39. [ Prior to that time, Shewairy had provided other lists of Cuban aliens eligible for release based upon an assessment of their cooperation with INS. Other than the list contained in his June 9, 1995 e-mail, he was able to provide OIG with only one other list. That list is attached hereto as Appendix 40.] None of the ten aliens designated for release by Holum in his initial fax to CRS was on Shewairy's list of aliens approved for release.

At approximately 1 p.m., Weiss transmitted an urgent priority e-mail to Blake and Powers in which she reported the actions she was taking to comply with their instructions. After advising her supervisors that the population was 377 and that she intended to transfer about 50 aliens to "be stashed out of sight for cosmetic purposes," she wrote:

We intend to apply the Chris Sale guidelines of 9/14/94 [ The Chris Sale Guidelines allowed the district directors to release: (1) unaccompanied children consistent with the provisions of 8 C.F.R. 242.24(b); (2) accompanied children and the best possible caregiver if there is a sponsor in the United States willing to provide shelter and sustenance; and (3) other persons presenting compelling humanitarian concerns on a case-by-case review. (Memorandum from Sale to District Directors dated September 14, 1994). The Chris Sale Guidelines are attached hereto as Appendix 41. On their face, the Chris Sale Guidelines constituted a relatively liberal interpretation of the regulatory parole criteria set forth in 8 C.F.R. 212.5. By permitting the release of the "best possible caregiver" along with juvenile detainees and enabling district directors to release aliens based on "humanitarian concerns," more aliens were eligible for release to the community. Krome and Miami Distri ct managers above the level of Supervisory Deportation Officer uniformly agreed that when initially issued on September 14, 1994, the Chris Sale Guidelines constituted a more liberal interpretation of the regulatory parole criteria than had been previously in effect and enabled Krome to reduce its population.] unless directed otherwise. Estimated number of releases is 30-40, spread out over today and tomorrow morning, of mixed nationalities. Due to the short timeframe, I am requesting permission to use my discretion in applying the criteria except in unusual cases.

(Weiss Friday E-mail).

Weiss then predicted that the anticipated transfers and releases "should reduce the population to below 300 . . . by tomorrow (Saturday, June 10, 1995)." [ Weiss testified that she "used the criteria in the Chris Sale memorandum to release the large number of aliens from [Krome] to the public on 6/9-10/95. This was also done in [an] attempt to reduce the detainee population to below 300 for the [Delegation's] visit."] See Appendix 25. Blake granted permission in her response. See Appendix 26. [ Blake stated that she did not discuss the decision to permit Weiss to reinstate the Chris Sale Guidelines with Cadman or the Region; nor did she seek approval for it. For an extensive discussion of the sequence of events surrounding these e-mail messages, see Section III.A.2.c.(2), above.]

Soon after receiving Blake's approval (sometime between 2 p.m. and 3 p.m.), Weiss went to Intenzo's office at Krome and told him that Blake had said that they "could now apply the old Chris Sale release guidelines." [ Intenzo testified that on June 8, 1995, Weiss told him verbally that "our old release guidelines, the Chris Sales guidelines, had been reinstated."] According to Holum, who overheard the conversation from the office next door, "Weiss said that Blake said we can start releasing aliens."

Intenzo and Holum worked until 7:30 p.m. that evening "pulling cases for release and preparing the necessary paperwork." [ When first interviewed on July 31, 1995, Holum stated that during the week, he usually works overtime until 6:30 p.m. (his normal tour of duty ends at 5:30 p.m.). During that interview, Holum claimed that on June 9, 1995, he worked as usual until 6:30 p.m. and stated that he "paroled detainees, but nothing out of the ordinary." When reinterviewed on October 10, 1995, Holum stated that he and Intenzo worked until about 7:30 p.m. "pulling cases for release and preparing the necessary paperwork . . . No one mentioned that we had to get the aliens released before the Delegation's visit, but we knew." Holum stated, "The people at the top wanted the aliens moved out before the Delegation visited Krome." Intenzo normally works until 6:30 p.m. or 7 p.m.] At that time, Intenzo was in possession of "an accumulation of files with requests that [he ] rechecked to see which Haitian and Cuban aliens were eligible for release." Intenzo and Holum then began reviewing the A-files for the aliens to be released. They looked for A-files belonging to "women, children, and aliens with medical problems." [ As of June 9, 1995, there were 107 women detained at Krome. The maximum capacity of the women's dormitory in the PHS building is 54. As of the day before the Delegation arrived at Krome, there were 55 women "sleeping on cots in the PHS lobby," making it extremely difficult, if not impossible, for the medical clinic to function. ] In preparing the aliens for release, Intenzo and Holum generated an Arrival and Departure Record (INS Form I-94) for each alien. That form was to be sent to PHS as part of the medical clearance procedure. In selecting the aliens for release, Intenzo did not check Cassidy's list of Cubans who were not to be released. [ Intenzo testified that he felt that Cassidy "didn't have the autho rity to hold aliens." ]

In connection with releasing Cuban aliens, Holum was assigned to complete the paperwork for the Cuban aliens who were being released to the community. He was given "Statement of Understanding" forms and instructed by Intenzo that each Cuban detainee was to sign this form prior to being released. Holum was assisted by Language Specialist Jose Tavenier in getting the forms to the Cuban detainees prior to their release. As he did with other forms at Krome, Holum signed Cadman's name to the form after the alien had signed. Tavenier testified that he was specifically instructed by Intenzo to sign Cadman's name to the Statement of Understanding after he had finished interviewing a detainee.

Intenzo testified that it was not uncommon for officers at Krome to sign Cadman's name to documents requiring his signature. Intenzo knew this to be an accepted practice dating back to the two Miami District Directors preceding Cadman. Intenzo admitted, however, that he had never received specific authorization from Cadman or any of his supervisors to sign Cadman's name to the Statements of Understanding.

On June 9, Krome personnel began releasing aliens pursuant to Blake's instructions. At 1:43 p.m., one alien was released, and at 4:12 p.m. 17 Cuban aliens were released. [ One Salvadoran alien had been released at 8:34 a.m.] Ten of those aliens were on the original list Holum faxed to CRS earlier in the morning. When CRS's contracting agencies arrived to pick up the ten aliens, seven more were ready and were also picked up. Three more aliens were released shortly after 6 p.m. Of the 22 aliens released from Krome that day, only five were on Shewairy's list of those approved for release. One of the released aliens had not been medically cleared through PHS.

At about 5:40 p.m., Holum faxed two additional lists to CRS asking them to retrieve 34 Cuban and Haitian aliens the next day. Early Saturday morning, at about 8:18 a.m., another 34 aliens walked out of Krome, having been released to the community. All of those aliens were picked up pursuant to Holum's notification to CRS. None of those aliens had received medical clearance to leave Krome. Two more aliens were released shortly after noon. Of all the aliens released on June 10, 1995, only three were listed by Shewairy as eligible for release based upon their cooperation with INS. Contrary to Shewairy's direction that aliens admitted to Krome after May 22, 1995, not be released, 20 such aliens were in fact released on June 9 and June 10. Intenzo admitted that he was "aware that we did release Cubans on the list of Cubans not to be released."

No Regional, District or Krome manager acknowledged any awareness that any Krome aliens had been released without medical clearances. Nor could they explain how such a large group of aliens could have been released to the community without such clearance.

In total, 58 aliens had been released on parole from June 9 to June 10. Moreover, the female population had been reduced to 54 detainees, the maximum number that could be accommodated in beds within the women's dormitory rooms. By the time the Delegation arrived, Krome had released enough women to be able to clear the PHS lobby of cots. This prevented the Delegation from seeing Krome as conditions existed when Dr. Rivera issued her June 8 health warning to Krome and Miami District managers, about which Blake immediately apprised Devine upon her return to the Miami District Office from the Region. This large number of releases to the community far exceeded the daily average of seven releases since the May 2 Joint Statement was issued.

When Cassidy returned to Krome on the morning of June 10, 1995, he noticed that, contrary to his instructions, many of the Cuban detainees he had designated as not to be released were in the process of being released. Cassidy became angry, and in an effort to save the intelligence project, tried to convince the remaining Cuban detainees that those being released had cooperated, when in actuality they had not even been debriefed. When Fernandez returned to Krome on June 12, 1995 to continue the intelligence project, he compared an updated list of Cuban detainees with the list he had used before the Delegation visited. Fernandez noticed that some of the aliens whom he had intended to interview had been paroled.

The Cuban population was likely reduced to alleviate concerns about a possible demonstration by the Cuban community in front of Krome on the day of the Delegation's visit. Electronic mail correspondence and other testimony indicates that INS Headquarters and Miami District managers were concerned about the possible participation in the Delegation's visit of two local Florida Congressional representatives, the Hon. Lincoln Diaz Balart and the Hon. Ileana Ros-Lehtinen. As early as May 25, 1995, Barry told Weiss that she feared that the two representatives might "encourage some sort of demonstration at Krome by the local Cuban community." See Appendix 8. Cadman testified that both representatives were "vigorous advocates of the Cuban exile community, very vociferous in their disagreement with administration policy . . . that can sometimes become incendiary and we were concerned about that." Chasse testified that she was aware of Cadman's concern that t he two local representatives would use the Delegation's visit as a forum to voice opposition to the Clinton Administration's policy after May 2, 1995 to detain all Cubans interdicted at sea for repatriation to Cuba.

However, no action was taken to set the wheels in motion to release aliens until Blake returned from the Region. Blake testified that she was aware of the concern about a possible demonstration by the Cuban community at Krome. Blake stated ". . . we were already well aware of their [Lincoln Diaz Balart's and Ileana Ros-Lehtinen's] views on Prop 187 and that was diametrically opposed to that of the [Task Force] or the California members of the [Task Force]." Blake stated that she wanted to know whether the two local Florida representatives would participate in the visit because:

A:We didn't want them to have a fist fight and a demonstration that would hit the press.

Q: Between the Congress people?

A: Yes, you don't know these people, we do. [ Blake, however, denied that the concern about a possible demonstration at Krome relating to the detention of Cuban aliens had anything to do with the decision about who to release. In light of the evidence described above, we do not find Blake's denial credible. Cadman stated that, in his view, if the two local representatives had seen large numbers of detained Cuban aliens while touring Krome, it "absolutely would have a different impact on them" than seeing five.]

By the time the Delegation arrived at about 5 p.m., Krome's population had been reduced to 289, down from a high of 429 on June 9, 1995; women were no longer sleeping in the PHS lobby; and 41 Cubans had been released. [ According to data from Krome's processing log that day, the population was 286. As has been previously explained, the processing log understates the population by three aliens. Accordingly, the number of aliens was actually 289.] Powers admitted that upon seeing Krome on the day of the Delegation's visit, he recognized that the population had been reduced and "was upset that the [Delegation] didn't see Krome in the state it had been." He did not, however, take any action. Powers further stated that he did "not feel that . . . the releases could have taken place under current policy and instructions as [he knew] them." Powers stated that he was "not advised about a relaxation in the release policy." He further sta ted that he "was never told that we have returned to the Chris Sale September 14, 1994 release criteria (emphasis added)."

Cadman testified that up until the time of the Delegation's visit, he never rescinded or knew of any rescission of the strict parole criteria that went into effect following the May 2, 1995, policy change. Cadman claimed not to know that the Chris Sale Guidelines had been reinstated just before the Delegation arrived. During her interview, Blake conceded that the Delegation's visit was a significantfactor in the release of aliens from Krome, and that the responses she had drafted for Cadman's July 13 and July 17 Memoranda were inaccurate and misleading.

e.Conclusions

(1)The Massive Releases of Aliens Immediately Before the Visit

Beginning Friday, June 9, 1995, until the time the Delegation arrived on Saturday, June 10, 1995, 58 aliens -- most of whom were women and Cubans --were released from Krome to the community. Fifty-six of those aliens were paroled within about twenty-four hours of the Delegation's scheduled arrival. For the most part, the aliens were released in two large groups: one on June 9, 1995, at 4:13 p.m., and one on June 10, 1995, at 8:18 a.m. [ Five other aliens were released on June 8, 1995.]

Of the 58 aliens released to the community between June 9, 1995, and June 10, 1995, 35 were not medically cleared prior to being released. [ In consideration of confidentiality and privacy issues, OIG did not review the aliens' official medical records, but relied upon Dr. Rivera to review any and all records relevant to her determination as to whether aliens' had been medically cleared prior to release. Because OIG did not review medical records, we could not determine how many of the aliens released without clearance had contagious diseases or other medical problems. From our review of the A-files, which contained some medical information, OIG did determine that seven of the aliens released without medical clearance had medical problems, but those problems did not appear to be contagious.] Of the 35 aliens released without medical clearance, 34 were released on Saturday morning, the day of the Delegation's visit.

Of the 58 aliens released from Krome to the community on June 9, 1995 and June 10, 1995, INS files showed that four had criminal records, 36 had no known criminal records, and 18 had unknown criminal histories while at Krome because there was no documentation in the files to show that a criminal check had been performed. The four aliens with criminal records had been charged with such

offenses as cocaine trafficking and conspiracy to traffic in cocaine. In fact, a total of nine of the released aliens had criminal records according to NCIC. [ The nine aliens included five who had been arrested on criminal immigration violations between May 10 and June 8, 1995.]

(2)The Violation of Routine Release Practices at Krome

OIG's analysis of Krome's population levels, including admissions and releases, over a twelve-month period (based on the flawed local computer system) and a four-month period (based on the corrected data obtained from manual records) indicates that periodic large fluctuations, including steep short-term surges and declines, of Krome's alien population are not unusual. The graph shown below and attached as Appendix 42, was generated from Krome's local computer system. It tracks the fluctuation in Krome's population levels, including the daily movement of aliens into and out of the facility over a year-long period beginning August 1, 1994. [ As OIG determined, the data from the local Krome computer system is unreliable. We provide this graph only as some evidence of population fluctuations over a period longer than the four months for which OIG created a corrected database.]

Undisplayed Graphic The next graph, also attached as Appendix 42, was generated from OIG's review of handwritten processing logs shows the same information for the four-month period between March and June 1995.

Undisplayed Graphic Short term surges in Krome's population generally appear to be followed by significant declines not long thereafter, which are at least partly attributable to increased releases. A closer examination of the size of the population surges andthe events behind them, combined with an appreciation for the policy context in which the instant mass releases occurred, suggests that the June 9-10 releases did not comport with Krome's routine practice.

Historic surges in Krome's alien population are generally attributable to large, sudden influxes of migrants from other nations -- often Cuban and Haitian rafters --seeking to enter the United States through points of entry in South Florida. Those influxes are largely attributable to events occurring outside of the United States, and thus beyond the control of the Miami District. For example, in August 1994, Miami experienced a "massive flow of Cuban migrants to the United States." In April 1995, Krome's population again peaked, this time as a result of a sudden, large influx of Haitian migrants.

Each of those surges was followed by a relatively drastic decline of the population, at least partly attributable to increased releases. [ It is worth noting that following the August 1994 surge, in which Krome's population reached almost 700 detained aliens, the population was not reduced overnight. An increased release level was sustained over a two-month period beginning in mid-September until the population level was normalized in mid-November, only after INS formulated new policies that would allow such reduction to occur. The less significant surge in mid-April 1995 was reduced more quickly. By the time the May 2, 1995 policy change was issued, Krome's population was down to approximately 270.] However, both reductions were achieved pursuant either to the application of policies then in effect or of policies changed by INS Headquarters. Specifically, the reduction following the August 1994 influx resulted from the implementation of liberalized parole criteria (the Ch ris Sale Guidelines) that were newly issued in mid-September by INS Headquarters. The April 1995 reduction was accomplished using those Guidelines, which were still in effect.

The increase in Krome's population following the May 2, 1995 Cuban policy change differed from prior historic surges. It did not result from a sudden massive influx of migrants by sea or land. Rather, it resulted from a conscious and deliberate decision made collectively after extensive consultation by INS Headquarters, the Eastern Regional Office, and the Miami District, to adopt strict detention and release policies to accomplish certain policy objectives. See Sections III.A.1.d. and III.A.2.c.(2), above, for a more detailed discussion. The increase itself was not sudden and massive, but predictable and steady.

The hurried releases that preceded the Delegation's visit on June 10, 1995 far exceeded the average alien release per day in the prior four months. Perhaps mostimportantly, the releases were contrary to the stricter policies imposed by INS Headquarters following the May 2, 1995 Cuban-American accords. Moreover, the releases were flatly inconsistent with Miami District practices that had been instituted to comport with the collectively agreed-upon policy objectives, as well as with other long-term procedures and practices.

Prior to the Delegation's arrival on June 10, 1995, none of the post-May 2, 1995 strict detention and limited release policies and practices had been withdrawn or changed by Cadman or INS Headquarters.

The documents and testimony obtained during the course of this investigation reveal that the mass releases that preceded the Delegation's arrival at Krome were wholly inconsistent with the strict post-May 2, 1995 policies and practices in the Miami District. On Blake's authority, apparently without approval from Cadman or INS Headquarters, but pursuant to general instructions from Chasse and Devine to reduce the Krome population, aliens were released upon the application of the more liberal Chris Sale Guidelines. All the aliens were apparently released without Cadman's personal approval. Thirty-seven aliens were released on the basis of Statements of Understanding that appeared on their face to bear Cadman's signature, but which he never signed and never authorized anyone else to sign for him. One was released without any signature. Examples of the Statements of Understanding for the released Cuban aliens are attached hereto as Appendix 43. These aliens were released without regard to whether they had been interviewed for intelligence purposes or had been deemed eligible for release by Shewairy. Moreover, they were released in large groups, contravening a long established practice in the District. [ It is important to note that 14 of the 63 aliens released from Krome to the community between June 8, 1995 and June 10, 1995 had been denied parole by Weiss just days before their release. The letters denying parole are attached hereto as Appendix 44.]

Even if the decision to release the aliens had been consistent with the policies and practices then in effect, certain procedures are supposed to be followed at Krome prior to any release. Among those procedures is medical clearance by PHS. In the rush to release aliens before the Task Force arrived, the majority (35) were not medically cleared out of the facility. No Krome or District manager was able to provide an explanation for that failure.

Krome's management testified that criminal checks are not part of the routine procedures undertaken at Krome either prior to an alien's admission to or release from the facility. Krome managers testified that they consider it to be the responsibility of the arresting agency to conduct criminal history inquiries prior to delivering aliens for detention at Krome. Arresting officers are expected to put copies of criminal history printouts in the aliens' files. It was acknowledged, however, that the agencies do not always complete such checks, and that in those cases Krome personnel do not know if the alien is a criminal or not. Such aliens are admitted to (and released from) Krome without that information.

Although the District initially represented that no criminals had been released to the community, OIG determined that at least nine criminals were, in fact, released to the community. We were told, however, that criminal checks are not routine at Krome. The failure to conduct such checks on June 9 and June 10, 1995 (along with the associated release of criminals to the community) thus appears not to have been a deviation from the norm.

(3)The Intent to Present a False Picture to the Task Force

As we found in regard to the transfer of aliens to Jackson County Jail and New Orleans, electronic mail correspondence and witness testimony establishes that Miami District management, with approval from Eastern Regional management, directed that aliens be released for the purpose of reducing Krome's population during the Delegation's visit. Moreover, the wholesale violation of policies and practices then in effect in the Miami District (and which were largely instituted in accordance with instructions from INS Headquarters) confirms that the aliens were released in a rush to reduce Krome's population before the Task Force's arrival to prevent the Delegation from seeing the true conditions that then existed at Krome.

Specifically, it appears that large numbers of female detainees were released to prevent the Delegation from seeing an overcrowded facility in which 107 women were housed in a space suitable for 54, and in which large numbers were sleeping on cots in the medical clinic lobby, thus preventing PHS from doing its job properly. Moreover, the evidence establishes that large numbers of Cuban aliens were released to alleviate concerns by INS Headquarters and Miami District managers that two local Florida Congressional representatives would use their detention as a springboard to voice opposition to Clinton Administration Cubandetention policies.

B.The Alleged Overstaffing of Krome

1.The Allegation

The Complaint alleged that during the Delegation's visit, INS management assigned Detention Enforcement Officers from Orlando and Tampa to work at Krome to give the appearance of a sufficiently staffed facility.

2.The District's Initial Response

In the July 13 Memorandum, Cadman stated that no additional detention or inspections staff (including from Orlando and Tampa) were detailed or assigned to Krome during the June 10, 1995 visit. He indicated that Tampa and Orlando officers did rendezvous with Krome personnel upstate to effect the transfers, but pointed out that this is a normal procedure. Cadman said that one additional maintenance person was assigned to work at Krome during the Delegation's visit. Cadman explained that the maintenance person was there in case problems arose with the physical plant.

When initially interviewed in July 1995, Cadman similarly denied that Detention Enforcement Officers were brought down from Orlando and Tampa to provide additional staffing at Krome.

3.Method and Scope of Investigation

In connection with this allegation, OIG interviewed approximately 60 witnesses, including all Detention Enforcement Officers who worked at Krome on June 9 and June 10, 1995, (who were not on leave or detail away from the facility), together with Krome, Miami District, Regional, or Headquarters managers who might have knowledge regarding the allegation. We also determined whether any additional Detention Enforcement Officers from other locations (specifically Tampa and Orlando) were assigned or detailed to Krome on June 9 or June 10, 1995. In connection with that task, OIG reviewed the daily time sheets for employees who worked at Krome on those days. To determine whether any of those employees were officially assigned elsewhere, we compared the names to the relevant INS Employment Report, which shows the official work stations for INS employees.

4.Evidentiary Findings

Forty-five Detention Enforcement Officers assigned to Krome were interviewed regarding the allegation that additional personnel were temporarily assigned to work at Krome during the Delegation's visit. Detention officers who are on temporary assignment to Krome are normally introduced at Krome's 6 a.m. morning briefing. All of the available Detention Enforcement Officers who worked on June 10, 1995 stated that they did not observe any employees on temporary assignment or detail at Krome on June 10, 1995. No officers were introduced at the morning briefing. Several officers pointed out that they were required to work overtime to accommodate the Delegation's visit, indicating that no additional personnel from other locations had been assigned to assist. All Krome and Miami District managers interviewed on this subject denied that any additional detention personnel was assigned to Krome on the day of the Delegation's visit.

The documents reviewed and analyzed by OIG were consistent with the uncontradicted observations of the Detention Enforcement Officers who were on the job the day the Delegation visited Krome. We reviewed daily time sheets for all employees who worked at Krome on June 9 and June 10, 1995. To determine whether any of those employees was officially assigned to a duty station other than Krome, we compared the names on the relevant daily time sheets with the INS Employment Report, dated July 6, 1995, for pay period 12. The INS Employment Report shows the regular assigned duty station of INS employees.

OIG determined that no employees were detailed to Krome from other duty stations on June 9 or June 10, 1995 (including Orlando and Tampa). According to the INS Employment Report, three Detention Enforcement Officers who worked at Krome on those dates were officially assigned to the Miami Airport. Interviews of those three individuals, however, established that all were actually permanently assigned to Krome.

Through a number of interviews, OIG was able to determine the source of the allegation and identify the misinformation from which it arose. Immigration Inspector Michael Boze, Treasurer of the Union and one of those who drafted the Complaint, advised OIG that information relating to the alleged assignment of employees to Krome from other stations could be obtained from Rhonda Wieder, an Orlando Detention Enforcement Officer.

Wieder, who is a Union shop steward, testified that Bealts, her first line supervisor, telephoned the Orlando INS Office on Friday, June 9, 1995, and spoke with Detention Enforcement Officer Ruben Padilla. According to Wieder, Bealts told Padilla that all three Orlando-based Detention Enforcement Officers (Padilla, Rodriguez and Wieder) were being detailed on an emergency basis to Miami. Wieder said she understood Miami to mean Krome. She said that she believed this because in her experience a detail to Miami normally entails working at Krome. Wieder said Bealts called back later that day and again spoke with Padilla. He told Padilla to inform Wieder that she was off the detail.

According to Wieder, she spoke with Union President Wixted that day, June 9, 1995, or early the following week. She also spoke with John Walenda, an Immigration Inspector. [ Walenda testified that Wieder had told him that Orlando-based Detention Enforcement Officers Padilla and Rodriguez were sent to Tampa on June 10, 1995. According to Walenda, Weider said that they then used the Tampa INS bus to travel to Krome to transport aliens on to "Sarasota County Jail." Walenda added that Wieder heard about this "detail" at a later date.] She advised both that there was an emergency detail to Miami (Krome), and that Orlando personnel were being sent there. Wieder told us she believed that Padilla and Rodriguez were detailed to Krome. She said that besides the calls from Bealts, she had heard from someone at Krome that they had seen Padilla and Rodriguez there. Wieder could not remember who provided that information.

Bealts testified that he was aware that Wieder was the source of a rumor that Detention Enforcement Officers from Tampa and Orlando were detailed to Krome on June 10, 1995, the day of the Delegation visit. Bealts testified that this did not happen. Bealts stated that because Wieder was not working on June 10, 1995, she had no first-hand knowledge of the events that occurred that day. Bealts stated that the two detention officers who were rumored to have been temporarily assigned to Krome were Padilla and Rodriguez. Bealts confirmed that both of those officersworked with him on the detail to Jackson County Jail and New Orleans on June 10, 1995, and they did not go to Krome. The transfer of aliens to Jackson County Jail and New Orleans is discussed at Section III.A.2., above. Supervisory Detention Enforcement Officer Sherrod Russell, who was Acting Transportation Supervisor at Krome on June 10, 1995, was responsible for assigning detention officers to transport aliens to and fr om the facility. Russell had no knowledge of any outside personnel being temporarily assigned to Krome for the Delegation's visit.

5.Conclusions

The substantial weight of the credible evidence established that between

June 9, 1995, and June 10, 1995, no additional Detention Enforcement Officers were assigned to staff Krome. However, two Orlando-based Detention Enforcement Officers did assist Tampa-based Detention Enforcement Officers in transporting aliens from Tampa to Jackson County Jail and New Orleans in connection with the alien transfer that was motivated by the Delegation's visit. (See Section III.A.2., above).

Interviews of all Detention Enforcement Officers (who were not on leave or detail) who worked at Krome on June 10, 1995, established that no outside detention enforcement personnel were temporarily assigned to work at Krome during the Delegation's visit. Krome and Miami District managers uniformly denied that any such assignment occurred.

Documents reviewed and analyzed by OIG were consistent with the uncontradicted observations of the Detention Enforcement Officers who were on the job the day the Delegation visited Krome. The records established that no employees were detailed to Krome from other duty stations on June 9 or June 10, 1995 (including Orlando and Tampa). Investigation established that this allegation was based on erroneous information provided to the Union by Rhonda Wieder, a Detention Enforcement Officer assigned to Orlando.