BOP Program Statement 5111.04 § 6

effort of the Bureau, Immigration and Naturalization Service, the former INS and now ICE, and

EOIR to meet the Attorney General’s mandate to ensure deportation proceedings begin as

expeditiously as possible after the date of conviction, and the proceedings are completed prior to

the expiration of the alien’s sentence.

This reduces the federal government’s detention costs and enables the Bureau to manage its

population better.

7 6. DEFINITIONS

(a) IHP Hearing Site. A Bureau or contract facility where ICE and EOIR conduct investigations

and/or hearings. At some hearing sites, the hearing room is outside the institution’s secure

perimeter. A list of IHP Hearing Sites is published on the Correctional Programs Sallyport Page.

(b) IHP Release Site. A Bureau or contract facility designated for inmates who are ordered

deported and ordinarily where they remain until expiration of sentence.

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(c b) Administrative Deportation/Removal Order. A final deportation order, An order of

deportation/removal issued either by an ICE official or an EOIR immigration judge,. which does

not require a hearing before an EOIR judge. An alien with an administrative order does not

require designation to an IHP facility.

A hearing site will be designated for the following inmates who are eligible for Administrative

deportation but have not received an actual deportation order:

■ Convicted of an aggravated felony, and

■ Not lawful permanent residents, and

■ Not eligible for any relief from deportation.

(d c) Judicial Deportation/Removal Order. A deportation An order of deportation/removal issued

by a U.S. District Court judge U.S. Immigration Judge or U.S. District Judge as part of the alien’s

sentence. Judicial deportation is issued only if requested by the U.S. Attorney, with the Director,

Immigration and Customs Enforcement’s concurrence, and only if the Court chooses to exercise

this jurisdiction. An alien with a judicial order does not require designation to an IHP facility.

If a Judicial Deportation is ordered, but the deportation order is not provided with other designation

materials, a hearing site must be designated for the inmate. This information should be noted and

the SENTRY/security/designation data screen, but Bureau staff need not attempt to obtain a

deportation order.

A condition of supervision requiring the offender to report to ICE for voluntary deportation does

not constitute a judicial deportation order.

(e) Reinstatement of Prior Deportation Order. An alien who has been deported, but re-enters the

United States may have the prior order reinstated. However, unless the actual reinstated order is

provided at the time of initial designation this information should be noted on the PPG0, and the

inmate must be designated to a hearing site for processing by ICE.

(f) Medically unassigned. An inmate who, because of medical restrictions, cannot be assigned to

any work program.

(g) Contract Detention Center. A facility the Bureau contracts with to house criminal aliens. The

facility may be contracted through an intergovernmental agreement (IGA) or a contract awarded

through the competitive procurement process.

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(h) Detention Center Monitor. Bureau staff assigned to a contract detention center who manage

Bureau interests, including the IHP, and who also monitor contract performance.

8 7. RESPONSIBILITIES

(a) Community Corrections and Detention Services Branch Correctional Programs Branch.

The Community Corrections and Detention Services Branch, CCD Correctional Programs Branch

(CPB) oversees the IHP and acts as the primary liaison with ICE and EOIR headquarters. CCD

CPB staff are available to participate in staff assistance visits and/or program reviews.

(b) Designators. Designators monitor population reports and designate/re-designate hearing and

release sites for inmates.

Bed space allocated for the IHP must be used for appropriate inmates.

Hearing and release site facilities which are operated as IGAs will have inmates designated as

directed by the region with that facility’s oversight responsibility.

(c) Regional Office and Staff. Regional Office staff monitor the implementation of and

adherence to IHP procedures during staff assistance visits.

(d) Case Management Coordinators (CMCs). CMCs ordinarily serve as the local liaison

between the Bureau, ICE, and EOIR, unless the Warden delegates this responsibility to another

staff member. When delegating this responsibility to other staff members, consideration should be

given to the current workload.

The coordinator shall be responsible for:

■ Coordinate Coordinating the docket schedule to avoid conflicts with other institution events,

e.g., parole hearings, Cuban Review Panel hearings, visiting days;.

■ Ensure Ensuring inmates docketed for hearings are placed on call-out;.

■ Ensure Ensuring referrals are submitted for inmates who require transfer to hearing or release

sites;.

■ Receive Receiving and distribute distributing hearing decisions;.

■ Verifying the accuracy of SENTRY CMA assignments for the IHP;.

■ Provide Providing training in all IHP issues to appropriate staff;.

■ Meeting quarterly with ICE and EOIR representatives at hearing sites; and.

■ Ensuring the number of non-U.S. citizens at their institution is within a manageable level and

reporting concerns to designations staff.

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(e) Case Managers

■ Load and update the CMA assignments for the IHP;.

■ Determine if transfer to a hearing and/or release site is required, and prepare a request for re-designation. , if needed; mass re-designation forms may be used at hearing and release sites;

■ Review an inmate's custody classification for removal of the Alien Public Safety Factor and

possible custody reduction following a decision not to deport;.

■ Follow appropriate Central Inmate Monitoring (CIM) procedures when inmates are escorted to

a hearing room at an adjacent institution.

(f) Inmate Systems Management (ISM) Correctional Systems (CS): ISM staff at Hearing

Sites:

■ Notify ICE upon an alien’s arrival;.

■ Make appropriate documents available for ICE to copy from the Judgment and Commitment

(J&C) File; and.

■ Process inmates into ICE custody for hearings at adjacent institutions.

(g) Hearing Sites. Each hearing site will develop procedures to provide training to ICE and EOIR

on-site staff consistent with the that provided to volunteers. Refer to the Program Statement on

Volunteers and Citizen Participation Programs Volunteer Services.

(h) Community Corrections Managers (CCMs) Designations and Sentence Computation

Center (DSCC). Ensure any available information regarding Administrative or Judicial

Deportation/Removal Orders is noted on the Inmate Load and Security Designation form (PPG0)

at initial designation.

Detention Center Monitors will ensure the Case Management and ISM responsibilities are

completed for inmates housed at Contract Detention Centers.

9 8. INITIAL DESIGNATION PROCEDURES. New commitments without deportation

orders will be designated in accordance with the procedures below.

Using the information supplied by ICE regarding a determination of eligibility for the IHP, inmates

will be designated to an appropriate facility in support of that determination. Comments regarding

IHP status shall be made by DSCC staff in the “Designator Remarks” section of the PPG0. For

information regarding CMA assignments based on Designator remarks, refer to Attachment A.

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(a) Inmates Serving Sentences of 60 Months or Less. A hearing site will be designated for these

inmates as bedspace availability permits. If a hearing site is not designated, the reasons will be

documented on the Inmate Load and Security Designation form; PPG0 (e.g., NEEDS IHP, NO

BEDSPACE AVAILABLE AT IHP SITE).

(b) Inmates Serving Sentences of More than 60 Months. Ordinarily, an institution will be

designated according to standard procedures. A re-designation request should be initiated within

48-60 months of the Projected Release Date. However, if it appears that jail credit will result in a

release date within 48-60 months, a hearing site should be designated for the inmate.

Normally, an inmate for whom a hearing site was not designated will have a re-designation request

initiated when the inmate is within 48–60 months of release. This should be documented on the

e.g., NEEDS IHP, SUBMIT TRF REQUEST WHEN 48 - 60 MOS. REMAIN TO SERVE.

10 9. RE-DESIGNATION PROCEDURES. Inmates not having a hearing site designated.

Normally, a referral for transfer to a hearing site will be submitted when an inmate has between

48–60 months remaining to serve. If the Designator is still unable to re-designate a hearing site for

the inmate, justification will be entered on the CMC Clearance and Separatee Data form (PP10)

and retained in the Inmate Central File.

ICE will process inmates who were not re-designated to a hearing site at sentence expiration.

11 10. HEARING/RELEASE SITE PROCEDURES

(a) Hearing Dockets. EOIR will provide a copy of the calendar docket to the CMC, or designated

staff member, approximately one week prior to the hearings. ICE and EOIR will coordinate and

complete the deportation or exclusion hearings. A copy of the calendar docket will be obtained by

the CMC from either ICE or EOIR at intervals sufficient to provide for the inmate’s attendance in

court.

(b) Hearing Room. The Warden will make available a suitable room for EOIR judge(s) or video

teleconference equipment to conduct hearings. If new construction is needed, the Warden will

contact the CCD Administrator, who will coordinate with ICE Headquarters to cover the

construction costs.

(c b) Public Hearings Representatives. IHP hearings are considered public. An inmate’s family

members, friends, the media, and the public are eligible to attend. A representative is eligible to

attend an IHP hearing.

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If an inmate wishes to have a representatives attend his/ or her hearing, he/she must give at least

one week’s advance notice to unit staff.

Local procedures will be established with EOIR when visitors are planning to attend a hearing.

While Wardens at hearing sites are to work closely with ICE and EOIR to allow public access to

the hearings, the The Warden will make the final decision regarding entrance of visitors. Refer to

the Program Statement Visiting Regulations for additional information.

(d c) Hearing Decisions. When the hearing is concluded, ICE or EOIR staff will provide a copy

of the hearing decision to institution staff and to the inmate. If a copy is not provided when the

hearing concludes, one should be requested from the local ICE liaison. If EOIR issues a delayed

decision, a copy of the order will be mailed to institution staff and the inmate, with a copy placed

in the Inmate Central file.

(e d) Transfers to and from Hearing or Release Sites.

(1) Inmates Not Ordered Deported/Removed. If deportation is not ordered, ICE will remove its

detainer and provide written documentation to institution staff, which will be retained When

removal is not ordered at the conclusion of the administrative proceeding, a written copy of the

final order should be placed in the J&C and Inmate Central Files. The lifting of an ICE detainer

requires a written notification provided by ICE.

(a) 12 18 Months or Less Until Expiration of Sentence Projected Release Date.

Inmates will normally remain at the hearing site for release processing (e.g., to CCC a Residential

Reentry Center [RRC]) and be assigned to general population.

(b) More than 12 18 Months Until Expiration of Sentence Projected Release Date.

Inmates will be transferred to general population at the hearing site or be referred for re-designation to any appropriate institution commensurate with security and programming needs.

(2) Inmates Ordered Deported/Removed. If removal is ordered, coordinate with ICE regarding

the placement of an ICE detainer and obtaining a copy of the removal order for placement in the

inmates J&C and Inmate Central Files. Release beds at hearing sites will be used primarily for

inmates with 12 months or less until expiration of sentence. Ordinarily, once moved to a release

site, an inmate will remain there until his or her sentence expires.

As more release beds become available, hearing site institutions may refer inmates with less than

12 months remaining to release-only sites to prevent delaying the hearing process. Considerations

should include the proximity of release sites and availability of transportation to release sites.

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(a) 12 18 Months or Less Until Expiration of Sentence Projected Release Date.

Inmates should be moved to a release bed remain at the hearing site, where they will normally

remain for release processing.

(b) More than 12 18 Months Until Expiration of Sentence Projected Release Date.

Inmates should be referred for re-designation to a release site, normally an IHP facility with release

beds only commensurate with their security and programming needs.

(3) Management Concerns. A transfer referral to any appropriate institution may be submitted

for justifiable reasons, such as CIM, concerns and disciplinary, or medical problems concerns. If

the inmate is unable to return to an IHP site prior to expiration of sentence, ICE will assume

custody at expiration of sentence.

(4) Medical Concerns. Inmates requiring medical and/or psychiatric care shall be submitted for

designation or re-designation under normal procedures. The referral to the medical designator will

indicate the inmate’s IHP status, e.g., NEEDS IHP HEARING; ORDERED DEPORTED - NEEDS

RELEASE SITE; IHP COMPLETE - NOT ORDERED DEPORTED.

Following completion of treatment, placement should be made the inmate should be referred for

placement at a hearing or release site. If a transfer to a medical center is for short-term purposes,

e.g., surgery with return to parent institution, the CMC at the sending institution will advise ICE

that the inmate is expected to return to the parent institution.

(5) Program Participation. Normally, inmates at hearing sites pending a hearing and inmates at

release sites with orders of deportation will not be considered for transfer for program participation

or for nearer release purposes.

(6) Transfer to ICE Custody for the Hearing Process. A Memorandum of Understanding

contains instructions regarding the release of inmates to ICE custody at facilities where the

courtroom is outside the institution’s secure perimeter. Procedures for transferring inmates with

CIM assignments to ICE custody for hearings are contained in the CIM Manual.