ICE Sexual Abuse and Assault Prevention and Intervention Program

On March 7, 2014, DHS issued “Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities” (DHS PREA). This regulation built upon existing ICE sexual assault and abuse-related policies and practices. The regulation outlined robust requirements for screening, training, noncitizen education, reporting, response, medical care, investigative protocols, discipline, monitoring, and oversight.

DHS PREA has three subparts:

• Subpart A: Covers ICE immigration detention facilities housing noncitizens in immigration proceedings or awaiting removal from the United States.
• Subpart B: Covers holding facilities under the control of ICE and primarily used for the temporary administrative detention of noncitizens pending release from custody or transfer to a court, jail, prison, other agency or other unit of the facility or agency.
• Subpart C: Covers DHS PREA audits and compliance.

DHS PREA applies to confinement facilities that qualify as an immigration detention facility or holding facility, as defined within DHS PREA. DHS PREA mandates adoption of its requirements in any new, renewed, or substantively modified detention contract. DHS PREA requires facilities to employ a PSA Compliance Manager to serve as the point of contact for the agency PSA Coordinator and oversee facility efforts to comply with facility sexual abuse prevention and intervention policies and procedures. See Leadership tab below for more details on ICE leadership roles.

As of closing FY 2023, ICE adopted DHS PREA Subpart A standards at detention facilities housing 98% of the ICE ADP, and 94%³ of the ICE ADP when excluding U.S. Marshals Service (USMS) and U.S. Department of Justice (DOJ) Federal Bureau of Prisons (BOP) facilities. Currently, all ICE owned and ICE dedicated detention facilities are obligated to PREA Subpart A and all ICE hold rooms are covered by PREA Subpart B. As ICE continues to pursue DHS PREA compliance in its detention contracts, facilities that have not yet adopted the regulation still have strong sexual safety safeguards through compliance with both agency policies, the ICE detention standards, or other requirements. See the tab “Vital Documents” for more specific information.

Prevention of Sexual Assault Coordinators

The agency-wide prevention of sexual assault coordinator (PSAC) implements, oversees, and manages the ICE SAAPI program, and bridges the work of ICE directorate PSACs. The agency-wide PSAC currently resides within the Office of Regulatory Affairs and Policy, within the Office of the Director. The ICE SAAPI Directive directs that ICE designate PSACs in all component directorate leadership positions; these PSACs are responsible for ensuring compliance with the ICE SAAPI program by their respective offices.

ERO maintains a SAAPI Unit in their Headquarters Custody Management Division and houses the ERO PSACs. The ERO PSACs oversee SAAPI implementation, requirements, and reporting, and track SAAPI incidents at ICE detention facilities. Additionally, the ERO IHSC has assigned staff to assist the PSACs with medical and mental health related issues.

The ICE Office of Professional Responsibility (OPR) investigates or reviews each SAAPI allegation ICE receives. The OPR PSAC oversees and manages OPR’s DHS PREA and SAAPI program compliance.

PSACs collaborate to develop and implement agency policies, standards, and protocols related to sexual abuse and assault prevention, intervention, and response in concert with each other.

DHS PREA requires facilities to utilize available community (local or national) resources and non-governmental organizations (NGOs) to provide victim and advocacy services for detained noncitizens who are victims of sexual abuse and assault. These community resources and NGOs can assist and support the victim as they negotiate reporting, interviews, and related medical and mental health examinations and evaluations. Services are provided at no charge to the detainee victim of sexual abuse and regardless of whether the alleged victim names the abuser or cooperates with any investigation arising from the incident. In addition to community resources and NGOs, agency assistance efforts are listed in the next section.

Agency assistance efforts

• ERO Custody and Resource Coordinators (CRCs) assist ERO officers with identifying victim services and advocates for detained noncitizens. Additional information about ERO CRCs is located here.
  • The Victims Engagement and Services Line (VESL) provides information, support, and victim centered services to victims of crime regardless of citizenship or immigration status of the victim or the perpetrator. It is a Toll-Free Hotline – 1-888-383-1465 that serves as a comprehensive and inclusive support system for victims of crime and their families. The VESL office is supported by trained victim liaisons, the Office of Partnership and Engagement (OPE) community relations officers, the ERO Contact Center for Operations (ECCO) staff operators, and service lines. If you believe you are a victim of crime, you can contact the ICE VESL to request assistance, registration with the DHS VINE, releasable case information, and services. This hotline includes help for victims of child exploitation, assistance for victims of human trafficking, assistance with local resources and social service professionals, U- and T-visa information, and training and other services provided by ICE for law enforcement agencies and community organizations.

Protections

If you are identified as a crime victim, assistance provided may include referral to local and federal service and support resources, access to information related to visas and relief designated for victims of crime or other forms of potential relief in applicable situations, and access to a myriad of victim information, services, and resources available through ICE and DHS components. Please visit USCIS’ website for more information.

DHS PREA requires routine audits of ICE detention and holding facilities’ compliance with the regulation’s mandates. OPR oversees DHS PREA audits conducted by certified third-party Auditors and inspects SAAPI standards to assess compliance at ICE detention and holding facilities. ICE PREA audit reports are publicly posted as they become available. Please visit FOIA Library - PREA Audits to access the reports.

FOIA Library - PREA Audits