Once of the Director US. Department of Homeland Security 00 1th Suet, SW Washington, D.C. 20536 US. Immigration and Customs Enforcement JAN 23 2015 - The Honorable Zoe Lofigren U.S. House of Representatives Washington, DC 20515 Dear Representative Lofgren: Thank you for your October 27, 2014 letter to Presiclent Obama regarding you: concerns with the expansion of family detention. Your letter was referred to the Department of Homeland Security (DHS) for a response. The situation in the Rio Grande Valley in 2014 was, without question, an urgent humanitarian situation that required all of our collective efforts to solve. In response to the influx of adults with children apprehended by U.S. Customs and Border Protection while attempting to illegally cross our Nation's southwest border, U.S. Immigration and Customs Enforcement (ICE) increased its capacity to detain and remove adults with children in a humane manner that complies with federal law and provides for the safety, security, and medical needs, of all occupants while they await the outcome of their immigration eases. Prior to 2014, ICE only maintained 96 beds for family units, which proved to be inadequate given the unprecedented influx this past year. ‘The South Texas Family Residential Center in Dilley, Texas, represents ICE"s most recent effort (0 address this issue in a humane and responsible manner. ‘The facility currently has the capacity for 480 residents, and will hold up to 2,400 upon completion. While currently slated to hold adults with children, the facility has been designed and constructed such that it could be transitioned to hold other priority non-violent nmigration violators in the future, The new facility provides a range of services and ectivities including, but not limited to, medical, mental, and dental care; educational programs; recreational activities; access to a chapel and religious serviees; snacks 24 hours a day; and free movement during daytime hours. In light of ICE’s expansion of its eapacity to detain adults with children at the South ‘Texas Family Residential Center, ICE transitioned out of the Artesia ‘Temporary Facility for Adults with Children in December 2014, and returned the facility to full- time Federal Law Enforcement Training Center operations. Since 2007, ICE's family residential centers have operated under its Family Residential Standards, which were written with input from experts in the field as well as relevant stakeholders. Due to the unique nature of this population, the Family Residential Standards promote free movement, access to education, recreation, and medical and social services. These standards promote the treatment of residents with dignity and respect, providing standards for correspondence and telephone access, religious practices, and a process to address grievances. All permanent family residential center personnel, including federal employees and contractors, e specialized training conceming the cate of residents, as well as annual training cn theThe Honorable Zoe Lofgren Page 2 Family Residential Standards. Compliance with those standards is ensured by an extensive ICE presence in and oversight of the family residential centers, including a dedicated Deteation Service Manager who monitors daily operations as well as daily interaction between siaff and facility residents. ICE makes custody determinations, including those determinations involving bond for adults with children, on a case-by-case basis. In some instances, ICE releases families for whom detention is not the most appropriate option, ICE may use the Alternatives to Detention (ATD) program to monitor compliance with release conditions, including reporting requirements. In fact, since May 2014, the ATD program has received a significant influx of new participants, many of whom are family units who illegally entered the United States through the Rio Grande Valley. ICE is now monitoring its largest population since the ATD program’s inception With respect to your concern about possible disparate credible fear rates, according t0 U.S. Citizenship and Immigration Services (USCIS), the data for fiscal year 2014 does not indicate a disparity between the national credible fear rate and the credible fear rate fo- families in detention. USCIS began processing credible fear claims for families in detention at the Artesia family facility on July 1, 2014, and at the Karnes family facility on August 1, 2014. From the time USCIS began processing credible fear claims at each facility through November 30, 2014, 63 percent of the credible fear determinations made at the Artesia family facility and 72 percent of the credible fear determinations made at the Karnes family facility resulted in positive credible fear determinations. From July 1, 2014 through November 30, 2014, the national rate of positive credible fear determinations was 63 percent, USCIS does not yet have data available for December 2014. Credible fear determinations are made on a case-by-case basis, considering the individual facts of each ease, regardless of the facility at which the individual is detained, According to USCIS, there is 100 percent supervisory review of Asylum Officers’ determinations, and some cases are subject to additional review by the Quality Assurance Branch of Asylum Headquarters. USCIS directs its Asylum Officers to apply the same statutorily-defined standard for eredible fear determinations at family detention facilities as they do elsewhere in the country. An applicant will be found to have a credible fear if there is a significant possibility that he or she can establish eligibility for asylum or protection under the Convention Against Torture Thank you again for your letter and your interest in this important matter. ‘The of your letter will receive a separate, identical response. Should you wish to di further, please do not hesitate to contact the ICE Office of Congressional Relatio (202) 732-4200 or me at (202) 732-3000. signers this matter at Sincerely, bi A DUS Sarah R. Saldana Director