DHS OIG, OIG-20-42, Early Experiences with COVID-19 at ICE Detention Facilities (2020)

Early Experiences with COVID-19 at ICE Detention Facilities June 18, 2020 OIG-20-42 -XQH DHS OIG HIGHLIGHTS Early Experiences with COVID-19 at ICE Detention Facilities June 18, 2020 What We Found The number of detainees in U.S. Immigration and Customs Enforcement’s (ICE) custody who have tested positive for COVID-19 has risen dramatically, from one detainee on March 25, 2020, to 1,312 detainees on May 26, 2020. The 188 ICE detention facilities that responded to our survey described various actions they have taken to prevent and mitigate the pandemic’s spread among detainees. These actions include increased cleaning and disinfecting of common areas, and quarantining new detainees, when possible, as a precautionary measure. However, facilities reported concerns with their inability to practice social distancing among detainees, and to isolate or quarantine individuals who may be infected with COVID-19.

Regarding staffing, facilities reported decreases in current staff availability due to COVID-19, but have contingency plans in place to ensure continued operations. The personnel at facilities also expressed concerns with the availability of staff, as well as protective equipment for staff, if an outbreak of COVID-19 occurred in the facility. Overall, almost all facility personnel stated they were prepared to address COVID-19, but expressed concerns if the pandemic continued to spread. At the time of our survey, 23 facilities reported having detainees who tested positive for COVID-19; this number had risen to 52 facilities as of May 26, 2020.

ICE Response ICE described the COVID-19 pandemic as an “unprecedented public health crisis,” and reiterated measures described in this report that it had taken to detect and mitigate the spread of COVID-19 in its detention facilities. Why We Did This Inspection The World Health Organization (WHO) declared novel coronavirus 19 (COVID-19) a pandemic on March 11, 2020, noting that it was not just a public health crisis, but one that would affect every sector of society. We surveyed personnel at ICE detention facilities from April 8 to 20, 2020, regarding their experiences and challenges managing COVID-19 among detainees in their custody and among their staff. What We Recommend We make no recommendations.

For Further Information: Contact our Office of Public Affairs at (202) 981-6000, or email us at [email protected] www.oig.dhs.gov OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security Table of Contents Background .................................................................................................... 2 Results of Inspection ....................................................................................... 6 Facilities Described Actions Taken to Prevent the Spread of COVID-19 among Detainees, but Are Challenged in Physically Distancing Detainees ............... 7 Facilities Have Contingency Plans to Ensure Continued Operations, but Expressed Concerns with Availability of Staff and Protective Equipment if COVID-19 Spreads ...................................................................................

11 ICE Has Provided Guidance Regarding COVID-19, but Only Certain Detention Facilities Must Comply ............................................................. 14 Appendixes Appendix A: Objective, Scope, and Methodology ...................................... 16 Appendix B: Agency Comments to the Draft Report .................................. 18 Appendix C: Survey Results .....................................................................

21 Appendix D: Special Reviews and Evaluations Major Contributors to This Report .................................................................................. 29 Appendix E: Report Distribution .............................................................. 30 Abbreviations CBP CDC COVID-19 ICE IGSA IHSC OIG PPE PBNDS WHO U.S. Customs and Border Protection Centers for Disease Control and Prevention novel coronavirus 19 U.S. Immigration and Customs Enforcement intergovernmental service agreement ICE Health Services Corps Office of Inspector General personal protective equipment Performance-Based National Detention Standards World Health Organization www.oig.dhs.gov OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security Background The World Health Organization (WHO) declared novel coronavirus 19 (COVID-19) a pandemic on March 11, 2020, noting that it was not just a public health crisis, but one that would affect every sector of society. On that day, roughly 118,000 people had confirmed cases of COVID-19 worldwide, and 4,291 people had died.

Less than 3 months later, on May 26, there were more than 5.4 million confirmed COVID-19 cases worldwide, with 1.6 million cases and almost 97,000 deaths in the United States alone. COVID-19 spreads easily, particularly in congregate environments such as detention centers, where housing, recreation, food service, and workplace components are present in a single physical setting. Typically, detained aliens come from a variety of geographic locations, turnover frequently, and cannot leave the facility. In addition, detention settings may have limited medical resources, difficulty maintaining environmental cleanliness, and limited options for social distancing.

Combined, these factors create unique challenges for detention centers to mitigate the risk of infection and transmission of COVID-19. Within the Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE) oversees the detention of aliens in approximately 200 facilities that it manages in conjunction with private contractors or state or local governments. These facilities either house ICE detainees exclusively (i.e., dedicated facilities) or house ICE detainees as well as other individuals, like state or local inmates (i.e., non-dedicated facilities).1 All facilities that hold ICE detainees require adherence to standards2 that establish consistent conditions of confinement, program operations, and management expectations within ICE’s detention system. These standards also set requirements for detainee environmental health and safety (e.g., cleanliness, sanitation, security, and segregation) and medical services.

The ICE Health Service Corps (IHSC) either provides direct care or oversees medical care through local government staff or private contractors, to detainees in ICE detention facilities. In addition to standards regarding detainee health 1 Dedicated facilities include: Service Processing Centers, which are DHS-owned facilities generally operated by contract detention staff; Contract Detention Facilities, which are facilities owned and operated by private companies and contracted directly by ICE; and Dedicated Intergovernmental Service Agreement facilities, which are dedicated to housing only ICE detainees under an intergovernmental service agreement (IGSA) with ICE. Non-dedicated facilities include: IGSA facilities, which are facilities, such as local and county jails, housing ICE detainees (and other inmates) under an IGSA with ICE; and U.S. Marshals Service Intergovernmental Agreement facilities, which are contracted by Marshals Service but also used by ICE. 2 Depending on their type, facilities must adhere to the National Detention Standards issued in 2000 or 2019; ICE’s 2008 Performance-Based National Detention Standards (PBNDS), or the 2011 PBNDS (Revised in 2016).  www.oig.dhs.gov 2 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security and safety included in national standards, IHSC also establishes its own policies regarding detainee care.

Additionally, ICE’s Pandemic Workforce Protection Plan from May 2017 lists actions ICE should take to protect staff, as well as individuals in its custody, in the event of a potential pandemic. Overall, the number of ICE detention facility staff with confirmed cases of COVID-19 has increased in the months since WHO first declared a pandemic. On April 6, 2020, seven ICE detention facility staff had confirmed cases of COVID-19.3 Seven weeks later, on May 26, 2020, there were 44 confirmed cases of COVID-19 among ICE detention facility staff. Figure 1 shows the number of ICE detention facility staff with confirmed cases of COVID-19 since March.

Figure 1: Increase in Number of ICE Staff with COVID-19, March 23–May 26, 2020 50 40 30 20 10 0 3/23 3/30 4/6 4/13 4/20 4/27 5/4 5/11 5/18 5/25 Source: Office of Inspector General (OIG) analysis of ICE data The number of ICE detainees confirmed to have COVID-19 has also risen dramatically, from the first detainee who tested positive for COVID-19 on March 25, 2020, to 1,312 detainees on May 26, 2020, as seen in figure 2. 3 ICE only tracks information regarding its own employees at its facilities. Therefore, the number of staff with confirmed cases of COVID-19 does not include contracted staff, who often make up the majority of staff at ICE detention facilities. In many cases, ICE employees are not located at facilities and the only staff members are contracted employees. www.oig.dhs.gov 3 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security Figure 2: Increase in Number of ICE Detainees with COVID-19, March 23–May 26, 2020 1400 1200 1000 800 600 400 200 0 3/23 3/30 4/6 4/13 4/20 4/27 5/4 5/11 5/18 5/25 Source: OIG analysis of ICE data As of May 26, 2020, 2,535 detainees had been tested for COVID-19.

On May 7, 2020, ICE reported the first of two detainee deaths in its custody attributable to COVID-19; the detainee had been in custody at Otay Mesa Detention Center in San Diego.4 ICE reported the death of a second detainee, who had been in custody at Stewart Detention Center in Lumpkin, Georgia, May 25, 2020. Figures 3 and 4 show the growth in the number of detainees with confirmed cases of COVID-19 at ICE facilities across the country from April 6 to May 26, 2020. 4 “ICE detainee in California is first in U.S immigration custody to die of coronavirus,” Washington Post, May 7, 2020, https://www.washingtonpost.com/national/coronavirus-ice- detainee-death/2020/05/06/3be3852e-8ff2-11ea-9e23-6914ee410a5f_story.html www.oig.dhs.gov 4 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security Figure 3: Detainees with COVID-19 as of April 6, 2020 Source: OIG map developed from ICE data Figure 4: Detainees with COVID-19 as of May 26, 2020 Source: OIG map developed from ICE data www.oig.dhs.gov 5 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security Because of the unique challenges detecting, preventing, and mitigating COVID-19 in detention facilities, in April 2020, OIG initiated a limited-scope review of ICE’s handling of the COVID-19 pandemic at its facilities, with respect to both the detainees and staff. OIG surveyed personnel at 196 ICE detention facilities regarding their experiences with the COVID-19 pandemic from April 8 to 20, 2020.

We received 188 surveys, for a 96 percent response rate. We also reviewed COVID-19 guidance distributed to ICE facilities during the early stages of the pandemic, and interviewed the IHSC Medical Director. Our analysis provides a snapshot of steps ICE and the facilities have taken to manage COVID-19, as well as challenges they face with staffing, resources, facility operations, and detainee care. Most information presented in this report represents the experience and perspective of personnel at ICE facilities at a particular time — April 8–20, 2020.

We intend to conduct a more comprehensive review of ICE’s response to the pandemic at its detention facilities in the coming months. Results of Inspection Personnel at the ICE detention facilities who responded to our survey5 described various actions they have taken to prevent and mitigate the pandemic’s spread among detainees. These actions include increased cleaning and disinfecting of common areas, and isolating new detainees, when possible, as a precautionary measure. However, facilities reported concerns with their inability to practice social distancing among detainees, and to isolate or quarantine individuals who may be infected with COVID-19.

Regarding staffing, facilities reported decreases in current staff availability due to COVID-19, but have contingency plans in place to ensure continued operations. The facilities also expressed concerns with the availability of staff, as well as protective equipment for staff, if there were an outbreak of COVID-19 at the facility. Overall, the majority of facilities stated they were prepared to address COVID-19, but expressed concerns if the pandemic continued to spread. Since our survey concluded, the number of detainees who have tested positive for COVID-19 has risen from 220 on April 20, 2020, to 1,312 on May 26, 2020, representing a 496 percent increase in just 4 weeks.

5 Appendix C contains the full survey results. www.oig.dhs.gov 6 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security Facilities Described Actions Taken to Prevent the Spread of COVID-19 among Detainees, but Are Challenged in Physically Distancing Detainees ICE detention facilities reported various actions they have taken to prevent and mitigate the pandemic’s spread among detainees. For example, almost every facility conducts risk assessments to determine detainees’ potential exposure to COVID-19 and has testing protocols in place to decide whether to test a detainee for COVID-19. Facilities also generally reported that they had adequate supplies to mitigate the spread of COVID-19 among detainees, and have taken other steps, such as increasing the cleaning and disinfecting of common areas, and isolating new detainees, when possible, as a precautionary measure. However, facilities reported that their major concern was their inability to practice social distancing among detainees, and to isolate or quarantine individuals who may be infected with COVID-19.

Facilities Reported Conducting Risk Assessments and Having Testing Protocols in Place for Detainees Nearly all facilities that responded (182) reported they conduct risk assessments on detainees to determine their potential exposure to COVID-19. Most facilities also reported having testing protocols in place for deciding whether to test a detainee for COVID-19.6 Generally, these testing protocols include determining whether detainees were previously exposed to COVID-19, conducting a health assessment for COVID-19 symptoms when detainees are initially processed at a facility, and observing detainees for potential COVID-19 symptoms while at the facility. Most detainees who met the protocols were tested, but 5 facilities reported that a total of 20 detainees had not been. Overall, respondents stated that 243 detainees had been tested at the time of our survey.

Overall, more than half (110) of facilities reported being able to test detainees on-site for COVID-19. However, this number differs greatly for dedicated versus non-dedicated facilities –– of the 188 facilities that responded to our survey, 31 were dedicated facilities that housed only ICE detainees and 157 were non-dedicated facilities that housed a mixture of both detainees and inmates. Eighty-four percent (26 of 31) of dedicated facilities indicated they had on-site testing capacity, compared to 54 percent (84 of 157) of non- dedicated facilities. The ability to test on-site may affect whether detainees are being tested at all — 77 percent (24 of 31) of dedicated facilities responded that 6 Depending on who owns and operates the facility, facilities reported that their protocols were based on Centers for Disease Control and Prevention (CDC) guidance, guidance from IHSC or the contract medical staff at the facility, or guidance from local authorities, such as the board of health or health department.

Most facilities are not owned or operated by ICE. www.oig.dhs.gov 7 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security they had tested detainees for potential COVID-19, while 20 percent (32 of 157) of non-dedicated facilities reported doing so. Facilities Reported Having Adequate Supplies for Detainees and Took Other Actions to Mitigate the Spread of COVID-19 Overall, 93 percent (175) of personnel at facilities reported they were prepared to handle COVID-19. Generally, facilities reported they had adequate supplies for detainees to mitigate the spread of COVID-19 among detainees. Specifically, 89 percent (168) reported they had enough masks for detainees who exhibited COVID-19 symptoms or tested positive for COVID-19.

About 90 percent (170) of facilities reported having enough liquid soap for detainees. However, more than one-third (69) reported not having enough hand sanitizer for detainee use. In addition to providing supplies to detainees who exhibited COVID-19 symptoms or tested positive for COVID-19, facilities have taken other steps to mitigate the spread of COVID-19. For example, 18 percent (33) of facilities reported they had released detainees for reasons related to COVID-19.

According to ICE data, facilities released 1,137 detainees from March 17 to May 5, 2020, due to reasons related to COVID-19. The majority (80 percent) of the released detainees were male, and 30 percent of these detainees were 50 years or older. Additionally, ICE has been required to release detainees based on judicial court orders.7 ICE also temporarily adjusted its enforcement posture starting March 18, 2020, to focus on public-safety risks and individuals subject to mandatory detention for criminal violations. Otherwise, ICE stated that it would “exercise discretion to delay enforcement actions until after the crisis or use alternatives to detention, as appropriate.”8 ICE also continued to repatriate detainees to their home countries.

Ultimately, the combination of judicial releases, releases related to COVID-19, the adjustment in ICE’s enforcement posture, and continued repatriations has resulted in a large decrease in ICE’s detention population: On April 1, 2020, ICE’s detained population was 35,457; by May 26, 2020, 25,939 detainees were in ICE custody, a decrease of 27 percent. Some facilities reported they would not accept additional detainees in order to reduce their population and prevent the potential spread of COVID-19 among detainees. In mid-April, ICE began tracking facilities that do not accept intake or transfer of detainees due to COVID-19; as of May 4, 2020, 20 facilities had 7 As of May 21, 2020, ICE advised it had released 372 detainees pursuant to various court orders. 8 “Updated ICE statement on COVID-19,” March 18, 2020, https://www.ice.gov/news/releases/updated-ice-statement-covid-19 www.oig.dhs.gov 8 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security not accepted new detainees or the transfer of detainees from other facilities, while another 42 had not accepted either new detainees or transfers.

Survey results described other measures facilities had taken to help prevent or mitigate the spread of COVID-19 based on guidance they received. These measures include: increasing the cleaning and disinfecting of common areas; x screening and quarantining newly arrived detainees; x x staggering meal times or recreation; x providing masks to detainees, even those who are not sick and not exhibiting symptoms; x performing routine temperature checks of detainees and staff; and x suspending visitations. Facilities Are Concerned with Their Inability to Practice Social Distancing and Implement Other Physical Restrictions Despite the actions that facilities have already taken related to COVID-19, they remained concerned with their ability to practice social distancing and their limited space to quarantine or isolate detainees. Generally, the nature of detention facilities makes social distancing impractical, as detainees are housed together in dorm-like pods, some with as many as 50 to 75 detainees in each pod.

Additionally, most detention centers have few means to isolate large numbers of detainees.9 Survey results demonstrate the limitations experienced by some facilities with their physical space, size, and configuration: x 11 percent (21) of facilities reported they did not have the capacity to hold detainees in quarantine or isolation if a detainee exhibited suspected COVID-19 symptoms; x 12 percent (23) reported they could not quarantine or isolate a detainee who had tested positive for COVID-19; and x 29 percent (55) reported they did not have negative pressure ventilation rooms to isolate airborne infections. Another one-third (62) reported they had only one or two negative pressure rooms in their facilities. 9 Detainees are classified as low, medium, or high-risk, based on information about the detainee, such as criminal history, institutional disciplinary history, medical information, or history of victimization, and housed accordingly. Typically, detainees of different classifications and genders may not be comingled, which also limits the ability of detention centers to separate detainees who are suspected of having or have tested positive for COVID-19. www.oig.dhs.gov 9 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security Again, survey results indicated a difference between dedicated and non- dedicated facilities.

Every dedicated facility (31) reported being able to quarantine or isolate detainees with confirmed cases of COVID-19, while 15 percent (21 of 157) of non-dedicated facilities reported they could not. In addition, while all but one dedicated facility had negative pressure ventilation rooms,10 34 percent (54 of 165) of non-dedicated facilities did not. The ability to quarantine or isolate detainees, and the lack of negative pressure ventilation rooms, was a major challenge for facilities, as evidenced in the following survey comments: x x x x x “Our facility is an open dorm setting. We have limited isolations [sic] cells in our special housing unit.” “The only challenge would be the ability to isolate someone….

The rooms can only house a detainee for a max of 12 hours. We have no negative pressure rooms.” “The facility is only equipped with one negative pressure room. The ICE Detainees are housed in Dorm style housing, this creates issues when attempting to maintain effective social distancing while [in] the dorms.” “Only one negative pressure room in the facility; if multiple patients present as positive or with symptoms and are tested, [we have] no negative pressure rooms to house them until test results are received.” “The major challenges [sic] is having enough places to properly quarantine detainees. Six of the dorms are open and do not have individual cells.” In addition to concerns with their ability to quarantine or isolate detainees, facilities also reported concerns with their ability to practice social distancing among detainees: x x x x x “Social distancing is the major challenge due to the facility structure and the culture of the detainees we house.” “As within any other institution, social distancing is a challenge.” “Social distancing in a correctional facility is a challenge.” “The major challenges are the inability to ‘social distance’ as recommended due to space restrictions and limited isolation cells available.” “This is an enclosed environment so keeping social distancing is a challenge.” 10 According to the CDC, a negative pressure room is used to isolate individuals with a suspected or confirmed airborne infectious disease.

The rooms have negative pressure in the room and direct exhaust of air from the room to the outside of the building; https://www.cdc.gov/infectioncontrol/guidelines/isolation/glossary.html. www.oig.dhs.gov 10 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security Facilities Have Contingency Plans to Ensure Continued Operations, but Expressed Concerns with Availability of Staff and Protective Equipment if COVID-19 Spread Facilities reported decreases in current staff availability due to COVID-19, either because staff are self-quarantining or are unavailable to work because of community mitigation measures. Still, many facilities reported having contingency plans in place to ensure continued operations. Finally, facilities expressed concerns with the availability of staff, as well as protective equipment for staff, if COVID-19 spread. Facilities Reported Decreases in Staff Availability Due to COVID-19 In response to our survey, 23 percent of facilities (43) reported they had staff members who had tested positive for COVID-19.

About half (97) reported they had staff who were in precautionary self-quarantine, and one-third of facilities (62) stated they had staff members who were unavailable to work due to community mitigation measures. Our survey did not identify the total number of employees who work in these facilities, but in total, facilities reported that almost 850 employees were unavailable because of the pandemic. As shown in table 1, facility staff experiences with COVID-19 differed based on whether the facilities were dedicated or not dedicated to housing ICE detainees. Survey results indicated a greater percentage of dedicated facilities had staff who tested positive and who were in precautionary self-quarantine, compared to non-dedicated facilities.

Table 1: Facilities with Staff Affected by COVID-19, Dedicated versus Non-Dedicated Facilities, April 8–20, 2020 Dedicated Facilities Staff members have tested positive for COVID-19 Staff members are in precautionary self-quarantine Staff members are unavailable to work Source: OIG analysis of survey responses 38.7% (12 of 31) 67.7% (21 of 31) 32.3% (10 of 31) Non-Dedicated Facilities 19.7% (31 of 157) 48.4% (76 of 157) 33.1% (52 of 157) Most Facilities Have Prepared Contingency Staffing Plans, but Some Facilities Expressed Concerns about Staffing Shortages When asked about contingency staffing plans during the pandemic, facilities described various solutions, including requesting staff from other facilities, www.oig.dhs.gov 11 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security working longer shifts on additional days, and reassigning staff from other responsibilities to detention services. Survey responses included: x x x “Our staff are currently working 8 hour shifts. If staffing levels decrease we will go to 12 hour shifts. We also have 2nd and 3rd responders that we can pull from if our staffing levels go down.

These responders currently work in the field sites - [Corrections Officers] and Probation and Parole Officers.” “The plan ranges from standard overtime shifts being filled to the consolidation [of] non-essential post[s], the use of security trained staff who are in non- security roles, as well as the implementation of 12 hour shifts to reduce a shift during the day to reallocate those staff members.” “All facility staff has been put on notice that they are subject to be called to work in the event of short staffing. We will also utilize the services of staff from other departments within the agency if the need arises. The local hospital will [be] utilized if proper medical care [cannot] be provided at the detention center.” Although most facilities responded that they were prepared to handle the pandemic, a small number expressed concern with staffing, especially medical staff, and reported that maintaining minimum staffing would be a major challenge if the pandemic spreads. For example, one facility reported, “We do not have any medical staff.

If any detainee tests positive for COVID-19 we will have to shut down the detention facility…we do not have the medical capacity to house anyone with COVID-19.” Other facilities responded, “…if the pandemic gets inside the jail, their biggest challenge would be losing staff,” and “Staffing issues (possible staffing shortages and staff introducing COVID-19 into [the facility])…is [sic] a possible future major challenge.” Facilities Are Concerned about Future Availability of PPE and Supplies We asked facilities whether they had enough personal protective equipment (PPE) and other supplies on hand for all facility staff.11 Most facilities reported having enough gloves and disinfectant cleaning agents, and about two-thirds said they had enough N95 respirators if a COVID-19 outbreak were to occur. Table 2 describes availability at facilities as reported by survey respondents. 11 To help stop the spread of COVID-19, the CDC recommends the use of PPE, such as gloves and a face mask. See Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities, March 23, 2020. www.oig.dhs.gov 12 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security Table 2: Availability of PPE and Supplies at Facilities, April 8–20, 2020 Nitrile or latex gloves Disinfectant cleaning agents Hand sanitizer Standard surgical masks Face shields or goggles N95 respirators Source: OIG analysis of survey responses Percentage and Number of Facilities 95.7% (180 of 188) 95.7% (180 of 188) 85.1% (160 of 188) 81.4% (153 of 188) 73.4% (138 of 188) 67.6% (127 of 188) While IHSC provides personal protective equipment (PPE) to its staff if they are located on-site, other types of detention staff and detainees must use PPE provided either by ICE or the contractor running the facility.

Overall, more non-dedicated facilities reported they had access to PPE compared to dedicated facilities. For example, 76 percent (119 of 157) of non-dedicated facilities reported having face shields or goggles, compared to 61 percent (19 of 31) of dedicated facilities. Another 89 percent (139 of 157) of non-dedicated facilities reported having hand sanitizer for staff, compared to 68 percent (21 of 31) of dedicated facilities. Many facilities expressed concern about maintaining sufficient supplies of PPE, as well as future shortages, if the pandemic continues.

When asked about major challenges related to the spread of COVID-19, the facilities’ biggest concern was availability of PPE. Thirty percent (56) of facilities expressed these concerns, stating for example: x x x “Securing enough protective equipment, especially surgical and/or N95 masks. We do have a significant amount currently on [sic] stock, however if an outbreak were to occur the stock would be depleted. We have been attempting to acquire additional equipment for weeks, however as most are aware this is difficult given the high demand.” “Our major challenge is securing enough PPE equipment for our Corrections officers, medical staff, and inmate population to meet the CDC recommendations of proper PPE use.

We have limited supply of PPE and are utilizing all avenues in order to restock what is currently being used and trying to get to a point that meets CDC’s recommended PPE use.” “The major challenge has been ordering supplies to ensure the appropriate stock of PPE is available as needed. We have been able to keep the appropriate level of supplies so far but it has been a struggle with vendors.” www.oig.dhs.gov 13 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security ICE Has Provided Guidance Regarding COVID-19, but Only Certain Detention Facilities Must Comply ICE began providing guidance to detention facilities regarding COVID-19 in January 2020. For example, IHSC provided information on cleaning and disinfecting facilities, and reviewing high-risk detainees who should be considered for release. Later guidance included overall guidance from the CDC regarding detention facilities,12 while other guidance offered best practices for staff regarding preparedness, prevention, and management of COVID-19 at ICE facilities in particular.

ICE also issued updated policies and procedures for facilities to follow during the pandemic, including: x updated telework policies; x suspension of social visitations; x updated requirements for legal visitations; x x reporting requirements regarding suspected and confirmed COVID-19 tracking, wearing, and requesting additional PPE; and cases. The guidance also included measures such as screening newly arrived detainees for COVID-19 symptoms, quarantining new detainees for 14 days, and considering how to increase social distancing among detainees. Our review of documents indicated that ICE continued to provide new and updated guidance to its facilities on a regular basis, often communicating with facilities daily. According to our survey results, about 83 percent (156) of facilities stated they had received COVID-19 guidance from ICE headquarters and 75 percent (141) had received guidance from IHSC.

Responses regarding the receipt of guidance differed between dedicated and non-dedicated facilities. For example, every dedicated facility reported it had received guidance from ICE regarding COVID-19, while almost 20 percent (32) of non-dedicated facilities reported they had not. In addition, all but one dedicated facility reported receiving IHSC guidance, while 27 percent (43) of non-dedicated facilities reported they did not. Some guidance is only applicable to dedicated facilities and facilities with IHSC staff, while non-dedicated facilities and those without IHSC staff are not obligated to comply.13 Of our 188 survey respondents, 31 were dedicated facilities and 18 were IHSC-staffed facilities.

ICE still requires non-dedicated facilities and those without IHSC staff to comply with local, state, tribal, 12 See Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities, March 23, 2020. 13 “Memorandum on Coronavirus Disease 2019 (COVID-19) Action Plan, Revision 1,” March 27, 2020. See also “U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations COVID-19 Pandemic Response Requirements,” April 10, 2020. www.oig.dhs.gov 14 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security territorial, and Federal public health policies and authorities, as well as applicable detention standards. OIG Analysis of Management Comments We included a copy of ICE’s management comments in their entirety in appendix B. We also received technical comments and incorporated them in the report where appropriate.

A summary of ICE’s response and our analysis follows. ICE Response: In its response, ICE described the COVID-19 pandemic as an “unprecedented public health crisis,” and reiterated measures it had taken to detect and mitigate the spread of COVID-19 in its detention facilities. In addition, ICE pointed out concerns with the shorter comment period (3 days), absence of recommendations, the summary nature of this report, and the lack of verification of the survey responses. OIG Response: We recognize the many challenges ICE faces with its mission and management of the COVID-19 pandemic in a detention environment.

We also recognize this report’s limited objective and scope, given it is based on a survey, was not intended to provide an in-depth assessment of ICE’s ability to manage the pandemic in its detention facilities. The report’s shortened timeframe, including ICE’s comment period, reflects the OIG’s desire to conduct a broad overview of the facilities’ experiences in real time, from the staff’s perspectives on the ground. We appreciate ICE’s response within 6 business days of receiving the draft report. Further, we wished to provide the information to ICE and DHS while it was still relevant and useful, even with the rapidly evolving nature of this pandemic.

Consequently, we did not verify the accuracy of survey responses, requested a shorter comment period, and made no recommendations. With a better understanding of the challenges this review disclosed, we can better plan for a more comprehensive review to evaluate ICE’s management of the COVID-19 pandemic at detention facilities, focus on specific issues and facilities, and provide necessary recommendations to improve the effectiveness and efficiency of ICE operations. We will coordinate with ICE, as appropriate, on these future projects. www.oig.dhs.gov 15 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security Appendix A Objective, Scope, and Methodology The Department of Homeland Security Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107−296) by amendment to the Inspector General Act of 1978. We initiated this review to determine how both U.S. Customs and Border Protection (CBP) and ICE are managing the pandemic at their facilities, with respect to both detainees in their custody and to their staff.

Our observations regarding CBP facilities will be included in a separate report. We conducted our fieldwork in April and May 2020. To learn about ICE detention facilities’ experience with COVID-19, we asked ICE to provide the name of one individual at each facility who had knowledge of: (1) the daily operations of the facility and (2) how the facility was responding to the COVID-19 pandemic. We then sent an electronic survey by e-mail on April 8, 2020, to those individuals identified by ICE at 228 detention facilities, the entire population of detention facilities identified by ICE.

Respondents included Wardens, Superintendents, Jail Commanders, Corrections Directors, and Corrections Chiefs, as well as ICE Supervisory Deportation and Detention Officers and ICE Officers in Charge. We chose to conduct the inspection via survey because of inherent risks associated with on-site inspections, and because the survey allowed us to quickly gain real-time information about ICE detention facilities. Of the 228 facilities that we surveyed, we determined that 32 facilities were no longer operational. Of the 196 remaining facilities, 8 facilities did not respond, despite 3 follow-up attempts by e-mail and telephone.

Ultimately, we received responses from 188 detention facilities, for a 96 percent response rate. We received all survey responses between April 8 and April 20, 2020. The responses in the survey represent the experiences of the 188 facilities at a particular time (April 8–20, 2020). At times, the information provided by the respondents differed from information publicly available on ICE’s website.

In addition, we did not independently verify the accuracy of survey responses provided by personnel at the detention facilities. In addition to our survey of ICE detention facilities, we also reviewed ICE guidance related to COVID-19 and interviewed the IHSC Medical Director. We did not assess the detention facilities’ compliance with issued guidance. www.oig.dhs.gov 16 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security We conducted this inspection under the authority of the Inspector General Act of 1978, as amended, and according to the Quality Standards for Federal Offices of Inspector General issued by the Council of the Inspectors General on Integrity and Efficiency. www.oig.dhs.gov 17 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security Appendix B ICE Comments to the Draft Report www.oig.dhs.gov 18 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security www.oig.dhs.gov 19 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security www.oig.dhs.gov 20 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security Appendix C: Survey Results Our survey to ICE facilities contained both multiple-choice and open-ended questions. For multiple-choice questions, we provide a table of the responses.

For open-ended questions calling for a numeric response, we provided a table categorizing the response, followed by the range of responses and the total. Responses to open-ended questions calling for a descriptive or narrative answers were too lengthy for inclusion; therefore, we included examples of representative responses throughout the report.

QUESTIONS ABOUT FACILITY STAFF 1.

Total number of staff who have been tested for COVID-19: Number of Facilities Percentage of Facilities At least one employee has been tested None tested No Response Total Facilities responded that they had anywhere from 0 to 105 employees who had been tested at the time of our survey. The total number of staff who were reported tested was 1,005. 59.6% 39.9% 0.5% 100.0% 112 75 1 188 2. Total number of facilities with staff who have tested positive for COVID-19: Number of Facilities Percentage of Facilities At least one employee tested positive None tested positive Total Facilities responded that they had anywhere from 0 to 66 employees who had tested positive for COVID-19 at the time of our survey.

The total number of staff who were reported to have tested positive was 286. 22.9% 77.1% 100.0% 43 145 188 3. Total number of staff who are in precautionary self-quarantine: Number of Facilities Percentage of Facilities At least one employee is in precautionary self- quarantine None are in precautionary self-quarantine Total Facilities responded that they had anywhere from 0 to 55 employees who were in precautionary self-quarantine at the time of our survey. The total number of staff who were reported to be in precautionary self-quarantine was 578.

48.4% 100.0% 91 188 51.6% 97 www.oig.dhs.gov 21 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security 4. Total number of staff who are unavailable to work due to community mitigation measure (considered non-essential; absent for child care due to school closures, weather and safety leave, etc.): Number of Facilities Percentage of Facilities At least one employee is unavailable to work No employees are unavailable to work Total Facilities responded that they had anywhere from 0 to 400 employees who were unavailable to work at the time of our survey. The total number of staff who were reported to be unavailable to work was 845. 67.0% 100.0% 126 188 33.0% 62 QUESTIONS ABOUT STAFF RESOURCES, SUPPLIES, AND GUIDANCE 5.

Do you believe the facility has enough of the following protective equipment and supplies on hand for all facility staff (including non-medical and medical) to use if a COVID-19 outbreak occurs in the facility? a. Nitrile or latex gloves Yes No Total Number of Facilities 180 8 188 b. Standard surgical masks Yes No Total Number of Facilities 153 35 188 c. N95 respirators Percentage of Facilities 95.7% 4.3% 100.0% Percentage of Facilities 81.4% 18.6% 100.0% Yes No No Response Grand Total d. Hand sanitizer Number of Facilities 127 60 Percentage of Facilities 67.6% 31.9% 1 188 0.5% 100.0% Yes No Total Number of Facilities 160 28 188 Percentage of Facilities 85.1% 14.9% 100.0% www.oig.dhs.gov 22 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security e. Face shields or goggles Yes No Total Number of Facilities 138 50 188 f. Disinfectant cleaning agents Yes No No Response Total Number of Facilities 180 7 1 188 Percentage of Facilities 73.4% 26.6% 100.0% Percentage of Facilities 95.7% 3.7% 0.5% 100.0% 6. Have all facility staff (including non-medical and medical staff) been trained in the proper fitting, use, and disposal of the above protective equipment? Yes No No Response Total Number of Facilities 169 18 1 188 Percentage of Facilities 89.9% 9.6% 0.5% 100.0% 7. Has the facility received guidance from the following offices that addresses how to prevent, control, and mitigate an outbreak of COVID-19 in the facility? a. ICE Headquarters Yes No Total Number of Facilities 156 32 188 b. ICE Health Service Corps (IHSC) Yes No No Response Total Number of Facilities 141 44 3 188 Percentage of Facilities 83.0% 17.0% 100.0% Percentage of Facilities 75.0% 23.4% 1.6% 100.0% 8.

What are the facility's contingency staffing plans in the event the facility is not capable of providing adequate services and care to detainees during the COVID-19 pandemic? Facilities provided a range of open-ended responses we did not include in this report. www.oig.dhs.gov 23 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security QUESTIONS ABOUT ICE DETAINEES AT FACILITY 9. Total number of ICE detainees at facility: Number of Facilities Percentage of Facilities At least one detainee at facility No detainees are at facility No Response Total Facilities responded that they had anywhere from 0 to 1,720 detainees at their facility at the time of our survey. The total number of detainees who were reported to be in the detention facilities was 33,712.

76.6% 22.9% 0.5% 100.0% 144 43 1 188 10. Total number of ICE detainees who have been tested for COVID-19: Number of Facilities Percentage of Facilities At least one detainee has been tested No detainee has been tested Total Facilities responded that they had anywhere from 0 to 28 detainees who had been tested at the time of our survey. The total number of detainees who were reported to be tested was 243. 29.8% 70.2% 100.0% 56 132 188 11.

Total number of ICE detainees who have tested positive for COVID-19: Number of Facilities Percentage of Facilities 23 At least one detainee has tested positive No detainee has tested positive Total Facilities responded that they had anywhere from 0 to 18 detainees who had tested positive at the time of our survey. The total number of detainees who were reported to have tested positive was 90. 87.8% 100.0% 165 188 12.2% 12. Total number of ICE detainees who are in isolation for suspected COVID-19 symptoms or exposure: Number of Facilities Percentage of Facilities At least one detainee is in isolation No detainee is in isolation Total Facilities responded that they had anywhere from 0 to 327 detainees who were in isolation at the time of our survey.

The total number of detainees who were reported to be in isolation was 1,093. 16.5% 83.5% 100.0% 31 157 188 www.oig.dhs.gov 24 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security 13. Total number of ICE detainees who are being monitored for suspected COVID-19 symptoms or exposure: Number of Facilities Percentage of Facilities 40 At least one detainee is being monitored No detainee is being monitored No Response Total Facilities responded that they had anywhere from 0 to 480 detainees who were being monitored at the time of our survey. The total number of detainees who were reported as being monitored was 2,312.

78.2% 0.5% 100.0% 147 1 188 21.3% 14. Total number of detainees released from the facility for reasons (i.e., detainee is in a high risk group) related to COVID-19 pandemic: Number of Facilities Percentage of Facilities 33 At least one detainee has been released No detainee has been released Total Facilities responded that they had anywhere from 0 to 128 detainees who had been released from the facility at the time of our survey. The total number of detainees who has been released was 764. 82.4% 100.0% 155 188 17.6% 15.

Do you believe the facility has enough of the following resources to maintain proper hygiene and protection among ICE detainees? a. Masks for detainees who exhibit COVID-19 symptoms or test positive for COVID-19: Yes No Total Number of Facilities 168 20 188 b. Liquid soap for detainee use: Yes No Total Number of Facilities 170 18 188 Percentage of Facilities 89.4% 10.6% 100.0% Percentage of Facilities 90.4% 9.6% 100.0% www.oig.dhs.gov 25 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security c. Hand sanitizer for detainee use: Yes No No Response Total Number of Facilities 118 69 1 188 Percentage of Facilities 62.8% 36.7% 0.5% 100.0% 16. How many ICE detainees can the facility hold in quarantine or isolation if a detainee exhibits suspected COVID-19 symptoms? Number of Facilities Percentage of Facilities 164 At least one detainee can be held in quarantine or isolation if a detainee exhibits suspected COVID- 19 symptoms No detainees can be held in quarantine or isolation if a detainee exhibits suspected COVID-19 symptoms No Response Total Facilities responded that they could hold anywhere from zero to all detainees in quarantine or isolation if they exhibited suspected COVID-19 symptoms. A total number of detainees that could be held in quarantine or isolation was not available.

11.2% 1.6% 100.0% 21 3 188 87.2% 17. How many ICE detainees can the facility hold in quarantine or isolation if a detainee tests positive for COVID-19? Number of Facilities Percentage of Facilities 162 At least one detainee can be held in quarantine or isolation if a detainee tests positive for COVID-19 No detainees can be held in quarantine or isolation if a detainee tests positive for COVID-19 symptoms No Response Total Facilities responded that they could hold anywhere from zero to all detainees in quarantine or isolation if they tested positive for COVID-19 symptoms. A total number of detainees that could be held in quarantine or isolation was not available.

12.2% 1.6% 100.0% 23 3 188 86.2% www.oig.dhs.gov 26 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security 18. How many negative pressure rooms does the facility have? Number of Facilities Percentage of Facilities At least one negative pressure room No negative pressure rooms No Response Total Facilities responded that they had anywhere from 0 to 96 negative pressure rooms. The total number of isolation rooms reported was 649.

69.7% 29.3% 1.1% 100.0% 131 55 2 188 QUESTIONS ABOUT FACILITY MEDICAL PRACTICES 19. Does the facility conduct risk assessments on ICE detainees to determine potential COVID-19 exposure? Yes No No Response Total Number of Facilities 182 5 1 188 Percentage of Facilities 96.8% 2.7% 0.5% 100.0% 20. What is the protocol, if any, to determine whether an ICE detainee should be tested for COVID-19?

Facilities provided a range of open-ended responses we did not include in this report. a. If the facility has testing protocols in place, how many ICE detainees have met the testing protocols but have not been tested? Facilities responded that they had anywhere from 0 to 10 detainees who had not been tested. The total number of detainees who were reported as meeting protocols but not being tested was 20. 21.

Does the facility have the capacity to test ICE detainees for COVID-19 on- site? Yes No No Response Total Number of Facilities 110 76 2 188 Percentage of Facilities 58.5% 40.4% 1.1% 100.0% a. If yes, how many on-site COVID-19 testing kits does the facility have? Facilities responded that they had anywhere from 0 to 300 testing kits. The total number of on-site testing kits was reported as 2,044. www.oig.dhs.gov 27 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security OVERALL QUESTIONS 22.

Do you believe the facility is prepared to handle the COVID19 pandemic? Yes No No Response Total Number of Facilities 175 10 3 188 Percentage of Facilities 93.1% 5.3% 1.6% 100.0% 23. What are the major challenges, if any, facing the facility regarding the COVID-19 pandemic? Facilities provided a range of open-ended responses we did not include in this report.

24. What other measures other than the ones described above has the facility taken to prepare for, prevent, control, and mitigate an outbreak of COVID-19 in the facility? Facilities provided a range of open-ended responses we did not include in this report. 25.

Is there anything else you would like to tell us about the facility's handling of the COVID-19 pandemic? Facilities provided a range of open-ended responses we did not include in this report. www.oig.dhs.gov 28 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security Appendix D Special Reviews and Evaluations Major Contributors to This Report Erika Lang, Chief Inspector Carie Mellies, Lead Inspector Michael Brooks, Senior Inspector Ryan Nelson, Senior Inspector Donna Ruth, Senior Inspector Ronald Hunter, Inspector www.oig.dhs.gov 29 OIG-20-42 OFFICE OF INSPECTOR GENERAL Department of Homeland Security Appendix E Report Distribution Department of Homeland Security Secretary Deputy Secretary Chief of Staff Deputy Chiefs of Staff General Counsel Executive Secretary Director, GAO/OIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs DHS Liaison ICE Liaison Office of Management and Budget Chief, Homeland Security Branch DHS OIG Budget Examiner Congress Congressional Oversight and Appropriations Committees www.oig.dhs.gov 30 OIG-20-42 Additional Information and Copies To view this and any of our other reports, please visit our website at: www.oig.dhs.gov. For further information or questions, please contact Office of Inspector General Public Affairs at: [email protected]. Follow us on Twitter at: @dhsoig.

OIG Hotline  To report fraud, waste, or abuse, visit our website at www.oig.dhs.gov and click on the red "Hotline" tab. If you cannot access our website, call our hotline at (800) 323-8603, fax our hotline at (202) 254-4297, or write to us at: Department of Homeland Security Office of Inspector General, Mail Stop 0305 Attention: Hotline 245 Murray Drive, SW Washington, DC 20528-0305