Congress of the United States Washington, BE 20515 June 23, 2010 ‘The Honorable John T. Morton Assistant Secretary US. Immigration and Customs Enforcement Department of Homeland Security 500 12" St, NW ‘Washington, DC 20536 Dear Secretary Morton: Recent media reports have indicated that regulations at certain U.S. Immigration and Customs Enforcement (ICE) detention facilities operated by the Corrections Corporation of America (CCA) will undergo regulatory changes meant to make the detention system “less penal and more humane” by “offering art classes, bingo and continental breakfast ‘on the weekends” among other changes. While we certainly agree that detainees should ‘be treated with respect, we have serious concer about potential shor and longer ‘costs tothe taxpayer as well as the safety and well-being of staff, detainees and visitors when implementing these new regulations. For this reason, we are asking that you provide us with answers te the following ‘questions no later than July 1, 2010: 1) ICE has made claims that implementing these regulations will not increase costs to the American taxpayer. However, after analyzing these new regulatory ‘changes, we do not see how the increased staff, security improvements, and infrastructure upgrades that go hand in hand with these regulations will not ‘require inereased taxpayer funding. For this reason, please describe what Additional costs you foresee to implement these regulations 2) Will these reported changes be expanded to other ICE detention facilities? If so, ‘which facilities? Ifnot, can you pledge that you will not expand them? 3) The recent media reports have indicated that implementation ofthese new regulations will occur between 30 days and six months. What isthe specific timeline foreach ofthe regulation changes? 4 It's reported that regulatory changes are for “low-risk detainees." What constitutes a low-risk detainee? On average, how many in CCA facilities are considered low risk? '5) Who was consulted to develop these revisions? Please inlude copies ofall ‘communications related to these changes from ICE, DHS, and White House officials.Secretary Morton. Page 66) Were any experts in detention management, ether fem within ICE or externally, consulted? If so, who was consulted? 7) How was CCA notitied ofthese regulatory changes? Additionally, by whom, ‘when, and in what format? 8) tis reported that low-risk detainees will have “free movement” within the facility. What isthe definition of free movement and how will safety to staff and other detainees be ensured? 9) tis reported that low-risk detainees will be allowed 19 wear “non penal clothing,” ‘What is the definition of non penal clothing? How will detainees be differentiated between staff and visitors? 10) tis reported that pat-downs for low-risk detainees willbe eliminated. How will safety needs be met? How will contraband be kept out ofthe facility? What about contraband that is created in the facility? 11) tis reported that “lights-out” will be eliminated for low-risk detainees. How will this change increase staffing needs? Will this bea disruption to detainees who wish to sleep? How do you prevent one from disturbing others? ‘As Members ofthe House Immigration Reform Caucus, we eppreciate your expedient attention to this matter. We look forward to hearing from you on this important issue. since, we x J ¥, Quek, - On waa He BRIAN BICBRAY Tawar St Member of Conary Member of Congress SUEMYRICK <7 HOWARD COLE Member of Congress Member of Congess Bawa ROWRABAGHER SHEVEKING Member of Congress Member of CongressCddye, FaK DAN BURTON Member of Congress Member of Congress ‘MICHELE BACAMANN Member of Consress ‘Member of Congress ELTON GALLEGLY Member of Congress Member of Congress G, LER iber of Congress. Secretary Morton: Page 3 Member of Congress BeBe wee Member of Congress Eh Rayer Sa / > DUNCAN HUNTER Member of Congress hier ‘Member of Pol ‘Member of Congress