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    DETAINEERAPE0413: Douglas Menjivar says he was raped twice while in detention at the Joe Corley Detention Center in Conroe, where he was detained by Immigration and Customs Enforcement with other immigrants waiting for review of his asylum claim. Nationwide, the U.S. holds about 40,000 immigrants — and 60 percent of them are housed in for-profit prisons like Corley. Menjivar’s case, activists say, is part of a broader pattern of data that shows that ICE in particular has not done enough to protect isolated detainees from sexual assaults either from other detainees — or to investigate those that occur. ICE’s own records show that 33,126 complaints filed against Department of Homeland Security agencies documented sexual or physical assaults between January 2010 and July 2016. But only 247 — less than 1 percent — were formally investigated by the agency’s Office of Inspector General, according to documents obtained by the non-profit Community Initiatives for Visiting Immigrants in Confinement, a network of volunteers who visit immigrants in detention.

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    DETAINEERAPE0413: Douglas Menjivar says he was raped twice while in detention at the Joe Corley Detention Center in Conroe, where he was detained by Immigration and Customs Enforcement with other immigrants waiting for review of his asylum claim. Nationwide, the U.S. holds about 40,000 immigrants — and 60 percent of them are housed in for-profit prisons like Corley. Menjivar’s case, activists say, is part of a broader pattern of data that shows that ICE in particular has not done enough to protect isolated detainees from sexual assaults either from other detainees — or to investigate those that occur. ICE’s own records show that 33,126 complaints filed against Department of Homeland Security agencies documented sexual or physical assaults between January 2010 and July 2016. But only 247 — less than 1 percent — were formally investigated by the agency’s Office of Inspector General, according to documents obtained by the non-profit Community Initiatives for Visiting Immigrants in Confinement, a network of volunteers who visit immigrants in detention.

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    2K views1 page

    Civil Liberties Response

    Uploaded by

    Houston Chronicle
    DETAINEERAPE0413: Douglas Menjivar says he was raped twice while in detention at the Joe Corley Detention Center in Conroe, where he was detained by Immigration and Customs Enforcement with other immigrants waiting for review of his asylum claim. Nationwide, the U.S. holds about 40,000 immigrants — and 60 percent of them are housed in for-profit prisons like Corley. Menjivar’s case, activists say, is part of a broader pattern of data that shows that ICE in particular has not done enough to protect isolated detainees from sexual assaults either from other detainees — or to investigate those that occur. ICE’s own records show that 33,126 complaints filed against Department of Homeland Security agencies documented sexual or physical assaults between January 2010 and July 2016. But only 247 — less than 1 percent — were formally investigated by the agency’s Office of Inspector General, according to documents obtained by the non-profit Community Initiatives for Visiting Immigrants in Confinement, a network of volunteers who visit immigrants in detention.

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    The Department of Homeland Security Office for Civil Rights and Civil Liberties will review the letter

    and
    underlying report once they receive it to determine if further action or recommendations are warranted.

    Unfortunately, the report just released by Community Initiatives for Visiting Immigrants in Confinement (CIVIC)
    regarding purported sexual abuse and sexual harassment at ICE and CBP facilities is grossly inaccurate. During
    the six-year timeframe covered by this report, ICE, for instance, recorded more than two million admissions to
    its detention facilities nationwide. While ICEs goal is to prevent all sexual abuse among its custody population,
    given the volume of individuals who annually pass through its detention system, the agency believes the overall
    incidence of such activity is very low.

    While the DHS Office of the Inspector General (OIG) may choose to investigate any allegation, the OIG generally
    focuses on cases involving alleged employee misconduct. Incidents involving detainee on detainee abuse are
    typically referred directly to ICEs Office of Professional Responsibility (OPR) for follow-up. In situations where
    there is no criminal allegation, OPR may refer the matter to the ICE Enforcement and Removal Operations
    Administrative Inquiry Unit (AIU). In those instances where a sexual abuse allegation is substantiated, prompt
    and appropriate action will be taken to address the situation and prevent any recurrence.

    DHS is firmly committed to providing for the safety and welfare of all those in its custody. US. Immigration and
    Customs Enforcement (ICE) has a zero tolerance policy for all forms of sexual abuse or assault and is ICE is
    committed to safety and security in all of its detention and holding facilities. ICE maintains a Sexual Abuse and
    Assault Prevention and Intervention (SAAPI) Program that ensures effective procedures for preventing,
    reporting, responding to, investigating, and tracking incidents or allegations of sexual abuse or assault against
    individuals in ICE detention.

    ICE provides detainees and their attorneys, family, friends, and associates multiple ways to report sexual abuse,
    retaliation for reporting sexual abuse, or staff neglect or violations of responsibilities that may have contributed
    to such incidents. Third parties not connected to a detainee can also report these allegations. Reports are
    confidential and may be made anonymously, both verbally and in writing.

    ICE in particular has taken significant steps in recent years to prevent, detect, and respond to sexual abuse
    involving its detainee population. These measures include:
    Issuing an agency-wide directive on sexual abuse and assault prevention and intervention;
    Strengthening the safeguards against sexual abuse and assault of detainees in ICEs detention standards;
    Hiring a sexual assault prevention coordinator; providing comprehensive sexual abuse and assault
    prevention and intervention training for all ICE employees who have contact with detainees;
    Creating an agency working group on sexual abuse in detention;
    Establishing a community and detainee helpline;
    Establishing a methodology and process for conducting audits of sexual abuse and assault safeguards at
    ICE detention and holding facilities. ICE began auditing its facilities in Fiscal Year 2017.

    Gillian M. Christensen
    Press Secretary (Acting)
    Department of Homeland Security
    (202) 282-9296 (o)
    Gillian.Christensen@hq.dhs.gov

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