From Persecution to Prison - Bellevue/NYU Program for Survivors of ...

specified procedures, provided they meet or exceed the objective representedby each standard.” 342By 2002, the standards applied to the ten largest local facilities used bythe INS were to have been phased in at all remaining facilities by January,2003, with a couple of notable exceptions. 343 The federal Bureau of Prisonsfacilities, which hold INS detainees, have been governed by separateDepartment of Justice standards. 344 The some 90 facilities holding 5300children in INS custody, including many comingled with criminally convictedjuveniles, are governed by the Flores v. Reno class action lawsuit andsettlement, which has permitted practices by the Detention Standards. 345 Ina positive step, The Homeland Security Act of 2002 transferred the care ofthese children to the Department of Health and Human Services. 346The standards from the DIHS Manual and Detention Standards pertinentto this study include:Medical CareThe Detention Standards explicitly declares, “All detainees shall haveaccess to medical services that promote detainee health and general wellbeing.”347 Mandatory standards and procedures for all facilities include an“initial medical screening, cost-effective primary medical care, and emergencycare.” 348 Specialized health care, mental heath care and hospitalization“within the local community” also are to be provided whennecessary. 349 “All facilities will employ, at a minimum, a medical stafflarge enough to perform basic exams and treatments for all detainees” andnearby medical facilities are to be engaged to provide required health care“not available within the [detention] facility.” 350Other mandatory standards and procedures include: availability of“request slips” for medical attention (and assistance from interpreters tocomplete them) and “sick call” at least once a week; delivery of medicationin accordance with health care providers’ instructions; diagnosis and342INS Detention Standards, Introduction.343Nugent, INS Detention; ABA, A New Era, p.1; The additional operating proceduresintended to ensure compliance at SPCs and CDFs will not be mandatory for IGSAs. Rather,“IGSA facilities may adopt, adapt, or establish alternatives to the specified procedures, providedthey meet or exceed the objective represented by each standard,” according to theIntroduction, INS Detention Standards, Introduction.344Nugent, INS Detention.345Nugent, INS Detention.346Homeland Security Act.347INS Detention Standard: Medical Care.348INS Detention Standard: Medical Care.349INS Detention Standard: Medical Care.350INS Detention Standard: Medical Care.176 FROM PERSECUTION TO PRISON