ICE PBNDS 2011, Standard 7.2

7.2 Interviews and Tours I. Purpose and Scope This detention standard ensures that the public and the media are informed of events within the facility’s areas of responsibility through interviews and tours. This detention standard applies to the following types of facilities housing ICE/ERO detainees: detention standard on “Visitation” dated 12/2/2008. IV. References American Correctional Association, Performance- based Standards for Adult Local Detention Facilities, 4th Edition: 4-ADLF-7D-21, 7F-01.

V. Expected Practices • Service Processing Centers (SPCs); A. News Media Interviews and Tours • Contract Detention Facilities (CDFs); and 1. General • State or local government facilities used by ERO through Intergovernmental Service Agreements (IGSAs) to hold detainees for more than 72 hours. Procedures in italics are specifically required for SPCs, CDFs, and Dedicated IGSA facilities. Non- dedicated IGSA facilities must conform to these procedures or adopt, adapt or establish alternatives, provided they meet or exceed the intent represented by these procedures.

Various terms used in this standard may be defined in standard “7.5 Definitions.” II. Expected Outcomes The expected outcomes of this detention standard are as follows (specific requirements are defined in “V. Expected Practices”). 1. The public and the media shall be informed of operations and events within the facility’s areas of responsibility.

2. The privacy of detainees and staff, including the right of a detainee to not be photographed or recorded, shall be protected.

III.

Standards Affected This detention standard replaces provisions on media visits and tours that were removed from the ICE/ERO supports the provision of public access to non-classified, non-sensitive and non-confidential information about its operations in the interest of transparency. Access will not be denied based on the political or editorial viewpoint of the requestor. ICE/ERO also has a responsibility to protect the privacy and other rights of detainees, including the right of a detainee to not be photographed or recorded. By regulating interviews in the detention setting, the facility administrator ensures the secure, orderly and safe operation of the facility.

Interviews by reporters, other news media representatives, non-governmental organizations, academics and parties not included in other visitation categories in standard “5.7 Visitation” shall be permitted access to facilities only by special arrangement and with prior approval of the respective ICE/ERO Field Office Director. ICE may designate Public Affairs Officers (PAO) to serve in Field Offices as liaisons with media representatives for some or all requests and communications covered by this standard. 2. Media Representatives The term “media representative” is intended to refer to persons whose principal employment is to gather, document or report news for any of the following entities: a. a newspaper that circulates among the general 7.2 | Interviews and Tours 445 PBNDS 2011 (Revised December 2016) public and publishes news of a general interest (e.g., political, religious, commercial or social affairs): b. a news magazine with a national circulation sold to the general public by newsstands and mail subscriptions; c. a national or international news service; d. a radio or television news program of a station licensed by the Federal Communications Commission (FCC); or e. other representatives or entities that gather information in accordance with the definition of “representative of the news media” contained in the Freedom of Information Act (5 U.S.C. § 552(a)(4)(A)(ii as amended by section 3 of P.L.110-175.

In addition to those persons listed above, such representatives may include, but are not limited to, individuals reporting for certain electronic media outlets, online media publications and other media freelance journalists or bloggers. 3. Media Visits and Tours Media representatives may request advance appointments to tour those facilities, according to the following stipulations. a. To tour an SPC or CDF, visitors will contact the Field Office Director or the Assistant Field Office Director assigned to the facility. The Chief of Security shall be responsible for implementing the necessary security procedures. b. To tour an IGSA facility, visitors will contact the Field Office Director responsible for that area of responsibility, who will in turn notify the facility.

Local facilities’ policies and procedures shall govern. Visitors will abide by the policies and procedures of the facility being visited or toured. Visitors must obtain advance permission from the facility administrator and Field Office Director before taking photographs in or of any facility. Detainees have the right not to be photographed (still, movie or video), and not to have their voices recorded by the media.

Thus, the facility administrator shall advise both visitors and detainees that use of any detainee’s name, identifiable photo or recorded voice requires that individual’s prior permission. Such permission will be recorded by the visitor’s completion of a signed release from the detainee before photographing or recording the detainee’s voice. The original form shall be filed in the detainee’s A- file with a copy placed in the facility’s detention file. If the presence of video, film or audio equipment or related personnel poses a threat to the safety or security of the facility, its staff or its detainees, the Field Office Director may limit or prohibit such access.

Prior to the tour, the Field Office Director shall explain the terms and guidelines of the tour to the visitors. During and after an emergency, or when indications exist that extra security measures may be needed due to a possible disturbance in the facility, the Field Office Director may suspend visits for an appropriate period. 4. Personal Interviews A media representative or member of the public, including non-governmental organizations and academics, planning to conduct a personal interview at a facility shall submit a written request to the responsible Field Office Director, preferably 48 hours prior to, and no less than 24 hours prior to, the time slot requested.

The Field Office Director may waive the 24-hour rule if convinced of the need for urgency. Through facility staff, the Field Office Director shall inform the detainee of the interview request. Before the Field Office Director considers the interview request, the detainee must then indicate his/her willingness to be interviewed by signing a consent form. The original written consent shall be filed in the detainee’s A-file, and a copy shall be placed in the 7.2 | Interviews and Tours 446 PBNDS 2011 (Revised December 2016) facility’s detention file.

“Appendix 7.2.A: Detainee Interview Release Form” provides a sample news interview authorization form that may be used. The original of the form shall be filed in the detainee’s A-file with a copy in the facility’s detention file. Detainees should not be pressured or coerced out of granting the interview request, nor should the facility in any way retaliate against a detainee for lawful communication with a member of the media or a member of the public. ICE/ERO shall normally act in writing within 48 hours of the written request.

Possible reasons for disapproval may include, but are not limited to, the following situations. a. The news media representative or news organization he/she represents or the visitor does not agree to the conditions established by this policy or has previously failed to abide by them. b. The Field Office Director finds it probable that the proposed interview may endanger the health or safety of the interviewer, cause serious unrest within the facility or disturb the orderly and secure operation of the facility. c. The detainee is involved in a pending court action and the court with jurisdiction over the matter has issued a gag rule or the Field Office Director, after consultation with the respective ICE Office of Chief Counsel, thinks the proposed interview could affect the outcome of the court case. If the requesting party believes the request was unfairly or erroneously denied, the requesting party may contact ICE/ERO headquarters. Interviews shall take place during normal business hours in a location determined by the facility administrator. The facility administrator shall provide a location conducive to the interviewing activity, consistent with the safety, security and good order of the facility.

The Field Office Director may limit the number of interviews with a particular detainee to a reasonable number per month. Further, if interviews are imposing a serious strain on staff or facility resources, the Field Office Director may restrict the time allotted for interviews. For facility safety and security, ICE/ERO reserves the right to monitor, but not participate in, detainee interviews. A media representative interested in touring the facility and photographing or recording any other detainees in conjunction with an individual interview must follow all applicable requirements and procedures, and shall indicate this interest at the time of his/her request for an interview.

5. Press Pools A press pool may be established when the PAO, Field Office Director and facility administrator determine that the volume of interview requests warrants such action. In such an event, the Field Office Director shall notify all media representatives with pending or requested interviews, tours or visits that, effective immediately and until further notice, all media representatives must comply with the press pool guidelines established by the Field Office Director. All material generated from such a press pool must be made available to all news media, without right of first publication or broadcast.

The press pool shall comprise one member each from the following groups: a. a television outlet (for video); b. a radio network outlet; c. a print outlet; and d. a still photographer. Each group shall choose its representative for the press pool. The Field Office Director shall, upon request, provide the media information about a detainee, provided such information is a matter of public record and not protected by privacy laws, Department of Homeland Security policy, or 7.2 | Interviews and Tours 447 PBNDS 2011 (Revised December 2016) ICE/ERO policy. Security and safety concerns for staff and detainees require that specific removal- related data remain confidential.

6. Special Conditions for Media Representatives To be approved to interview or visit a detainee or tour an ICE facility, the media representative must certify that he/she is familiar with and accepts the rules and regulations governing media conduct. He/she must at all times comply with those rules and regulations. Media representatives shall collect information only from a primary source(s), and shall neither solicit nor use personal information from one detainee about another who is unwilling to be interviewed.

A media request may not delay or otherwise interfere with the admission, in-processing, or departure of any detainee. Routine processing of ICE detainees shall take precedence over media interviews. B. Non-Governmental Organization (NGO) and Other Agency Stakeholder Facility Tours, Visitation, or Tours with Visitation ICE detention facilities will maintain an open and transparent approach to immigration detention through managed access of stakeholders participating in approved tours, visits, or tours with visitation. All tours and visits requests shall be governed by this standard and other applicable ICE policies or procedures on NGO and/or stakeholder access to detention facilities.

All requests by NGOs and other stakeholders (which include, but are not limited to, community service organizations, intergovernmental entities, faith- based organizations, members of academia, and legal groups (e.g., pro bono legal service provider groups for tours, visits, or tours with visits must be submitted in writing to the local ICE/ERO Field Office supervising the facility or the ICE Office of State, Local and Tribal Coordination (OSLTC). Tour requests should not be directed to the facility. All requests shall be forwarded to the Field Office for review. When deciding whether to approve or deny the request, the Field Office Director, or his or her designee, will take into consideration safety and security, and the availability of personnel to staff the tour, visitation, or tour with visitation.

All tour or visit participants will be expected to submit personal information required by applicable ICE policies, so the Field Office can perform background checks as necessary. When requesting visitation or a tour with visitation, stakeholders may pre-identify any detainee with whom they may wish to speak by providing ICE with a list of specific detainees in advance. Stakeholders are not required to pre-identify a detainee(s) with whom they may wish to meet during their tour and/or visit. In order to meet with detainees who have not been pre-identified, stakeholders shall provide to ICE a sign-up sheet.

All stakeholders shall provide ICE a completed tour/visitation notification flyer and a signed ICE Stakeholder Visitor Code of Conduct. If the tour/visit is approved, the facility shall post both the ICE sign-up sheet and the ICE stakeholder tour/visit notification flyer at least 48 hours in advance of the tour or visitation in appropriate locations (e.g., message boards, housing areas). The facility staff may also make appropriate oral announcements to detainees about the upcoming tour/visit (e.g., announcement during meal times). The facility staff is not required to inform a detainee’s attorney that a stakeholder will tour/visit the facility or for overseeing the content of the consent form or ensuring that the detainee and the stakeholder have completed it.

On the day of the visitation, the facility staff shall give the NGO or stakeholder access to pre-identified detainees and/or to detainees who have signed up in advance to speak with the stakeholder. The facility 7.2 | Interviews and Tours 448 PBNDS 2011 (Revised December 2016) staff shall arrange for the visitation to occur in a pre­ determined common area or space. The facility staff may maintain a physical presence in the meeting room to maintain safety and security. To ensure security and avoid any disruptions in daily operations, all NGOs and other stakeholders touring and/or conducting visitation with detainees shall maintain proper and appropriate decorum, adhere to applicable ICE and facility standards, and may be asked to sign a code of conduct form.

This Standard does not apply to (1) Legal Orientation Program or Know Your Rights presentation providers; (2) law firms, organizations, or sole attorney practitioner providing or seeking to provide legal representation; and (3) health care practitioners with a request from a detainee’s counsel to conduct an examination relevant to the detainee’s case. 7.2 | Interviews and Tours 449 PBNDS 2011 (Revised December 2016) • Appendix 7.2.A: Detainee Interview Release Form (English) • Appendix 7.2.B: Detainee Interview Release Form (Spanish) 7.2 | Interviews and Tours 450 PBNDS 2011 (Revised December 2016) DEPARTMENT OF HOMELAND SECURITY U.S. Immigration and Customs Enforcement DETAINEE INTERVIEW RELEASE FORM Use this form to document news media interview requests of aliens in ICE custody Part 1. Alien & News Media Information Date: Detainee's name and A-number: Name of facility where alien is detained: Name of news media representative: Name of media organization represented: Address of media organization represented: Instruction: Fill out either Part 2 or 3. Not both.

Complete Part 2a and 2b if providing consent to be interviewed. Part 2.a. Consent to be interviewed Part 2.b. Consent or Refusal of Photographs and Audio Recordings (check only one and complete) Complete Part 3 only if refusing to provide consent to be interviewed. Part 3. Refusal of Interview I, the ICE detainee named above, do hereby freely give permission to the news media representative named above to interview me on or about (date) .

Detainee's signature: Witness signature: Title: I, the ICE detainee named above, (check one): give permission refuse permission for the news media representative named above to make recordings of my voice during this interview and to take photographs of me (still or video). Detainee's signature: Witness signature: Title: I, the ICE detainee named above, refuse to grant permission for the news media representative named above to interview me. Detainee's signature: Witness signature: Title: Part 4. Notice and Disclaimer The use and dissemination of a detainee name, image, statements, or voice recordings by a news media organization requires written permission.

Media representatives must obtain a signed release from the detainee before interviewing, photographing, or recording him or her. This document only addresses whether a detainee will permit a media representative to enter an ICE facility to conduct an interview. This form does not provide authorization for a news media representative to further use and/or disseminate any information obtained during an interview. ICE does not control the content or use of any interview statements, images, or recordings obtained by a news media representative.

Any agreement regarding use and dissemination of statements or records derived from an interview falls solely within the purview of the detainee and the respective news media representative. ICE Form 71-050 (1/16) Page 1 of 1 DEPARTMENT OF HOMELAND SECURITY DEPARTAMENTO DE SEGURIDAD NACIONAL U.S. Immigration and Customs Enforcement Servicio de Inmigración y Control de Aduanas de EE.UU. FORMULARIO DE AUTORIZACIÓN PARA ENTREVISTAR A UN DETENIDO Utilice este formulario para documentar las solicitudes de los medios de comunicación para entrevistar a los extranjeros en custodia del ICE Parte 1. Información del extranjero y del medio de comunicación Fecha: Nombre del detenido y número de extranjero (A-number): Nombre del centro donde está detenido el extranjero: Nombre del representante del medio de comunicación: Nombre del medio de comunicación representado: Dirección del medio de comunicación representado: Instrucciones: Llene la Parte 2 o la Parte 3, no ambas.

Complete las Partes 2a y 2b si usted da su consentimiento para ser entrevistado. Parte 2.a. Consentimiento para ser entrevistado Parte 2.b. Consentir o negarse a ser fotografiado o grabado en audio (marque solo una casilla y complete) Complete la Parte 3 sólo si usted se niega a dar su consentimiento para ser entrevistado. Yo, el detenido en el ICE nombrado arriba, por la presente doy todo mi consentimiento al representante del medio de comunicación nombrado arriba para que me entreviste en o alrededor del (fecha) . Firma del detenido: Firma del testigo: Cargo: Yo, el detenido en el ICE nombrado arriba, (marque una casilla): doy permiso, no doy permiso, para que el representante del medio de comunicación nombrado arriba grabe mi voz durante esta entrevista y me tome fotografías (fijas o en video).

Firma del detenido: Firma del testigo: Cargo: Yo, el detenido en el ICE nombrado arriba, no doy permiso para que el representante del medio de comunicación nombrado arriba me entreviste. Firma del detenido: Firma del testigo: Parte 3. Negación de la entrevista Cargo: Parte 4. Aviso y descargo de responsabilidad El uso y difusión del nombre, imagen, declaraciones o grabaciones de la voz de un detenido por parte de un medio de comunicación, requiere de un permiso por escrito.

Los representantes de los medios de comunicación deben obtener una autorización firmada por el detenido antes de entrevistarle, fotografiarle o grabarle. Este documento solamente indica si un detenido permitirá que un representante de un medio de comunicación entre a las instalaciones del ICE para realizar una entrevista. Este formulario no proporciona una autorización para que un representante de un medio de comunicación utilice y/o difunda posteriormente cualquier información obtenida durante la entrevista. El ICE no controla el contenido o uso de ninguna declaración, imágenes o grabaciones obtenidas por un representante de un medio de comunicación durante la entrevista.

Cualquier convenio sobre el uso y la difusión de las declaraciones o grabaciones obtenidas en una entrevista recae únicamente dentro del ámbito del detenido y del representante del medio de comunicación respectivo. ICE Form 71-050 (7/16) (Spanish/Español) Página 1 de 1