ICE Disability Access Plan

ICE DISABILITY ACCESS PLAN

August 19, 2020

Message from the Director

August 19, 2020

I am pleased to present the first U.S. Immigration and

Customs Enforcement (ICE) Disability Access Plan

(DAP or Plan), which provides ICE employees with

overarching guidance to ensure compliance with our

responsibilities under the Rehabilitation Act of 1973, as

amended, and Department of Homeland Security Directive

065-01, “Nondiscrimination for Individuals with Disabilities

in DHS-Conducted Programs and Activities (Non-

Employment).” The Plan identifies ways to enhance access to

all ICE-conducted programs and activities for individuals

with disabilities.

ICE protects America from the cross-border crime and illegal

immigration that threaten national security and public safety.

In the execution of this mission, ICE’s programs and activities include interactions with

members of the public with disabilities, such as visitors to detention centers, victims, witnesses,

criminal suspects, and persons in ICE custody.

I am proud to acknowledge the excellent work of ICE employees in providing equal access for

individuals with disabilities encountered in ICE-conducted programs and activities. ICE has

made great strides in providing disability access and is committed to identifying ways to enhance

access in the future.

Inquiries related to this Plan may be directed to the ICE Lead Disability Access Coordinator,

Civil Liberties Division, Office of Diversity and Civil Rights at I[email protected].

This Plan, which may be modified, superseded, or rescinded at any time, is not intended to and

may not be relied upon to create any right or benefit, substantive or procedural, enforceable at

law by any party in any administrative, civil, or criminal matter.

Sincerely,

Matthew T. Albence

Deputy Director and Senior Official Performing the Duties of the Director

U.S. Immigration and Customs Enforcement

Table of Contents

I. Introduction ........................................................................................................................... 3

II. Executive Summary ............................................................................................................... 3

III. ICE Disability Access Plan .................................................................................................... 4

A. ICE Overview ....................................................................................................................... 4

B. Responsible Staff .................................................................................................................. 5

C. Program Interactions ........................................................................................................... 6

D. Policy and Handbook ........................................................................................................... 6

E. Program Accessibility .......................................................................................................... 7

i. Accessibility Policies and Practices ................................................................................. 7

ii. Effective Communications ................................................................................................ 8

iii. Complaints ....................................................................................................................... 9

iv. Physical Accessibility ..................................................................................................... 10

F. Interaction Procedures/Protocols ...................................................................................... 10

G. Reasonable Accommodation Policies/Procedures ............................................................. 11

H. Auxiliary Aids Policies/Procedures .................................................................................... 11

I. Dissemination of Policies and Procedures ........................................................................ 12

J. Training .............................................................................................................................. 12

K. Notification to the Public ................................................................................................... 13

L. Resources ............................................................................................................................ 13

M. Implementation Steps ......................................................................................................... 14

IV. Appendices

Appendix A: List of ICE Program Office LDACs and SDACs

Appendix B: Draft Public Notice Template

Appendix C: Milestones Implementation Plan Table

I. Introduction

U.S. Immigration and Customs Enforcement (ICE) developed the ICE Disability Access Plan

(DAP) to provide an overview of ICE’s policies and procedures to enhance access to, and

participation in, ICE-conducted programs, activities, and services for individuals with

disabilities. While fulfilling its homeland security mission, ICE implements programs that are

consistent with Sections 504 and 508 of the Rehabilitation Act of 1973 (Section 504), as

amended, and U.S. Department of Homeland Security (DHS) Directive 065-01:

Nondiscrimination for Individuals with Disabilities in DHS Conducted Programs and Activities

(Non-Employment) (September 25, 2013). As required by DHS Directive 065-01, ICE

established lead and supporting disability access coordinators, created and conducted self-

evaluations of a sampling of programs from the major ICE directorates and program offices, and

analyzed the results of the self-evaluations.

II. Executive Summary

As required by DHS Directive 065-01, in Fiscal Year (FY) 2017, ICE prepared and conducted

self-evaluation surveys of 59 programs, facilities, or offices within its major directorates and

program offices. The results were analyzed, and the preliminary findings were reported to the

DHS Office for Civil Rights and Civil Liberties (CRCL) in September 2017.

The preliminary findings were arranged by best practices and opportunities for improvement in

four areas: accessibility of program policies and practices, communications, complaints, and

physical accessibility. These findings revealed that ICE-conducted programs and activities are

generally accessible to individuals with disabilities. The preliminary findings also indicated that

the development of an ICE-wide disability access policy and procedures would be an opportunity

for strengthening compliance with Section 504. ICE used the findings from the self-evaluations

to lay the framework in this DAP for the development of ICE-wide policies and procedures to

enhance the ability of individuals with disabilities to participate in ICE-conducted programs and

activities.

To enhance accessibility in areas identified in the self-evaluation surveys, ICE plans to develop a

directive and an accompanying handbook to serve as the ICE-wide policy for how personnel

shall accommodate and engage with individuals with disabilities in ICE-conducted programs and

activities.

The ICE DAP describes the various forms of ICE interactions with individuals with disabilities,

ICE’s efforts to ensure program accessibility, and the processes for modifying policies and

procedures, when necessary, to afford an individual with a disability equal access to ICE’s

programs and activities. Further, the ICE DAP describes the policies and procedures for

providing auxiliary aids and services to individuals with disabilities participating in ICE-

conducted programs or activities and the processes for disseminating policies and procedures to

ICE personnel on how to engage with individuals with disabilities in ICE-conducted programs or

activities. This DAP outlines the trainings that will be developed for the workforce on ICE’s

Sections 504 and 508 requirements and the steps that will be taken to implement this DAP.

III. ICE Disability Access Plan

A. ICE Overview

ICE protects America from the cross-border crime and illegal immigration that threaten national

security and public safety. To carry out that mission, ICE focuses on smart immigration

enforcement, preventing terrorism, and combating transnational criminal threats. ICE’s mission

includes identifying and apprehending removable aliens, detaining and removing aliens as

necessary, investigating domestic and international activities involving the illegal movement of

people and goods into and within the United States, and representing the U.S. Government in

exclusion, deportation, and removal proceedings against aliens in immigration court.

Additionally, many ICE personnel support the ICE mission through management, mission

support, and conducting internal investigations and inspections. ICE comprises three operational

directorates: Homeland Security Investigations (HSI), Enforcement and Removal Operations

(ERO), and the Office of the Principal Legal Advisor (OPLA). A fourth directorate—

Management and Administration (M&A)—supports the three operational branches to advance

the ICE mission. This DAP provides an overview of how each directorate and the program

offices fulfill their responsibilities regarding disability access.

Based on the number of personnel, ICE HSI is ICE’s largest directorate. Its mission is to

investigate, disrupt, and dismantle terrorist, transnational, and other criminal organizations that

threaten to exploit America’s travel, trade, financial, and immigration systems. In addition to

criminal investigations, ICE HSI oversees ICE’s international affairs operations and intelligence

functions.

ICE ERO is the agency’s second largest directorate, based on number of personnel. ICE ERO

oversees programs and operations that identify and apprehend removable aliens, detain these

individuals when necessary, and to remove illegal aliens from the United States. ICE ERO

prioritizes the apprehension, arrest, and removal of convicted criminals, those who pose a threat

to national security, fugitives, recent border entrants, and aliens who thwart immigration

controls. ICE ERO manages all logistical aspects of the removal process, including domestic

transportation, detention, Alternatives to Detention (ATD) programs, bond management, and

supervised release. In addition, ICE ERO repatriates aliens ordered removed from the United

States to more than 170 countries around the world.

ICE OPLA is the legal arm of ICE and serves as the legal representative for DHS in front of the

Executive Office for Immigration Review during removal proceedings against criminal aliens,

terrorists, and human rights abusers in immigration courts around the country. ICE OPLA also

provides critical legal services to all ICE directorates and program offices focusing on customs,

cybersecurity, worksite enforcement, immigration, detention, ethics, labor and employment law,

tort claims, and administrative law. ICE M&A coordinates ICE’s administrative and managerial

functions to address the needs of ICE and helps guide its dynamic growth and future. ICE M&A

oversees ICE’s budget, expenditures, accounting and finance, procurement, human resources and

personnel, workforce recruitment, policy, privacy, Freedom of Information Act requests, records

retention, information governance, information technology systems, facilities, property, and

equipment needs.

The ICE Office of Professional Responsibility (OPR) is responsible for promoting public trust

and confidence in ICE by ensuring organizational integrity is maintained through a multi-layered

approach utilizing security, inspections, and investigations.

The ICE Office of the Director (OD) includes leadership offices, such as the ICE Office of

Congressional Relations, the ICE Office of Public Affairs, and the ICE Office of Diversity and

Civil Rights (ODCR). ICE ODCR safeguards the civil rights and civil liberties of ICE’s

stakeholders by leading efforts to create a culture of inclusion. ICE ODCR’s Civil Liberties

Division is responsible for providing civil liberties expertise, guidance, and technical assistance

to ICE’s directorates and program offices. A major part of this mission focuses on ensuring that

ICE’s programs and activities are accessible to individuals with disabilities by working to

strengthen compliance with the applicable disability laws, including Sections 504 and 508, and

the DHS’s implementing regulations, policies, and instructions. ICE ODCR is responsible for

overseeing the coordination, development, implementation, and monitoring of the ICE DAP.

B. Responsible Staff

A major part of ODCR’s mission focuses on ensuring that ICE’s conducted programs and

activities are accessible to individuals with disabilities by working to strengthen compliance with

applicable disability laws, including Section 504 and DHS’s implementing regulations, policies,

and instructions. The Assistant Director for ICE ODCR is the Senior Executive Service official

responsible for overseeing the coordination, development, implementation, and monitoring of the

ICE DAP. The ICE Lead Disability Access Coordinator (ICE LDAC) was appointed by

ICE ODCR and is responsible for coordinating the implementation of the ICE DAP across all

ICE directorates and program offices.

In addition, ICE Supporting Disability Access Coordinators (SDACs) are designated across the

ICE directorates and program offices to complete self-evaluations and participate in the

development and continuous implementation of the ICE DAP. ICE SDACs ensure their program

offices implement their directorate or program’s specific plans in order to provide equal access to

individuals with disabilities. ICE established a Disability Access Working Group led by

ICE ODCR, and includes the ICE LDACs and ICE SDACs, that convenes periodically to address

disability access issues in the context of civil rights compliance across the program offices and

directorates.

Within ICE HSI, the Domestic Operations Division is responsible for the implementation of the

ICE DAP while field offices are responsible for the assessment and accommodation of

individuals with disabilities who are arrested consistent with the ICE DAP.

Within ICE ERO, there are several points of contact responsible for the implementation of the

ICE DAP. There are many individuals within ICE ERO Custody Management and the ICE ERO

field offices responsible for the assessment and accommodation of detainees with disabilities

who will assist with the implementation of the ICE DAP.

The ICE ERO Disability Access

Coordinator (EDAC) within Custody Management serves as the primary point of contact

between ICE ERO Headquarters and the field offices regarding the accommodation of, and

communication with, detainees with disabilities in ICE ERO custody. Also, each ICE ERO

Field Office Director (FOD) has designated at least one supervisory-level representative from his

or her field office to serve as the ICE SDAC for that area of responsibility. These individuals

serve as the main point of contact at the ICE ERO field-office level to help ensure compliance

with Section 504 and associated DHS, ICE, and ICE ERO regulations, detention standards,

policies, and procedures related to detainees with disabilities.

Within ICE OPR, the Mission Support Unit has the authority to implement the ICE DAP for ICE

OPR’s program offices.

For a complete list of ICE program offices with ICE LDACs and ICE SDACs, refer to

Appendix A.

C. Program Interactions

ICE HSI and ICE ERO may encounter individuals (victims, witnesses, criminals, and detainees)

with disabilities throughout a number of investigative activities and law enforcement operations,

custody management, and removal. Individuals with disabilities may require accommodation at

any stage of their detention. Such stages include, but are not limited to, housing placement,

medical and mental health care, safety and security protocols, food services, correspondence,

visitation, grievance systems, transfers, detainee programming, and scheduled activities such as

access to law libraries, religious services, work programs, and recreation. ICE has systems in

place to evaluate and ensure access to all of its programs and activities, including mental health

treatment for individuals in custody nationwide.

The program offices within the ICE OD, ICE OPR, and ICE M&A, through their conducted

programs or activities, have periodic interactions with individuals with disabilities in person, or

through electronic or telephonic communications. These interactions may occur through

ICE-sponsored events, town hall meetings, job fairs, recruiting events, public outreach, removal

proceedings, investigative activities, and information-sharing through the ICE website and social

media.

D. Policy and Handbook

To build on the practices of ICE program offices and the ICE policy and detention standards

discussed below, ICE ODCR plans to develop a policy and accompanying implementing

procedures to provide guidance on how to engage with individuals with disabilities in

ICE-conducted programs and activities. Furthermore, ICE ODCR anticipates developing

supplemental training and technical assistance materials in FY 2020 on how to provide

Accommodations for detainees with disabilities are covered by ICE ERO policy as well as the applicable

detentions standards based on facility type.

reasonable accommodations and modifications to individuals with disabilities accessing

ICE-conducted programs or activities.

ICE program offices that participated in the Self-Evaluation Survey reported that they have

practices in place for providing effective communication to individuals with disabilities.

Additionally, ICE ERO has also established ongoing policy and procedures for ICE ERO

personnel to provide advice and guidance to detention facilities regarding the identification,

assessment, and accommodation of detainees with disabilities. In addition, the 2011

Performance-Based National Detention Standards (PBNDS), revised in December 2016, include

a new Standard 4.8 entitled, “Disability Identification, Assessment, and Accommodation,” which

requires that facilities act affirmatively to prohibit disability discrimination. ICE ERO policy

and the revised Standards provide specific requirements to ensure that detainees with disabilities

are afforded equal access to ICE and ICE facility programs, activities, and services. ICE ERO

oversight entities incorporate Standard 4.8 into their monitoring of detention facilities. The

ICE ERO EDAC for Custody Management continually provides training and consultation to

ICE ERO field offices and facilities on the implementation of ICE ERO policy and the revised

Standards. The ICE Field Office SDACs assist their respective ICE FODs and other field office

supervisory-level personnel in providing notifications regarding disability access and

accommodations; providing notice to ICE ERO officers and facility personnel of their obligation

to provide accommodations to detainees with disabilities while in ICE custody; collaborating and

communicating with the ICE EDAC, the field office, and detention facility personnel to monitor

the care and treatment of detainees with disabilities; and coordinating with ICE Health Service

Corps (IHSC) to review requests for accommodations requiring IHSC engagement or assistance.

E. Program Accessibility

Through the ICE Self-Evaluation Survey, ICE determined program accessibility. The ICE

Self-Evaluation Survey evaluated program accessibility in the following four areas: policy and

practice, effective communication, complaints, and physical accessibility.

i. Accessibility Policies and Practices

Consistent with the applicable laws and regulations ensuring access for individuals with

disabilities, ICE developed and implemented the following policies and detention

standards:

• ICE Directive 014005.1 (May 2006): ICE Occupant Emergency Plan (OEP). This

policy ensures that all ICE personnel and visitors exceeding one calendar day in an

ICE facility, including individuals with disabilities, are familiar with the emergency

evacuation procedures and locations of designated assembly areas.

• ICE Directive 004001.1 (March 2009): Section 508 Electronic and Information

Technology Accessibility. This policy implements Section 508 and ensures that

members of the public with disabilities have access to the same electronic information

and technology used by people without disabilities. This directive is applicable to all

ICE employees and contractors with disabilities.

• 2011 Performance-Based National Detention Standards (2011 PBNDS)

(revised December 2016): The revised standards include a new Standard 4.8

entitled, “Disability Identification, Assessment, and Accommodation,” which requires

facilities to prohibit discrimination on the basis of disability by following required

procedures and ensures detainees with disabilities have equal access to all programs

and services in the facility. This includes the provision of accommodations,

modifications, and/or auxiliary aids and services.

• Family Residential Standards: The current version of the Family Residential

Standards (FRS)

addresses accessibility for residents with disabilities. ICE ERO is

currently revising the FRS and plans to strengthen and improve this aspect of the

FRS.

Separate and apart from these policies and detention standards, the ICE Self-Evaluation

Survey found that ICE should issue an ICE-wide nondiscrimination policy applicable to

all stakeholders, including individuals with disabilities, who access ICE’s programs and

activities.

ICE also determined that there is an opportunity to improve the way that information is

provided to the public on the process for requesting accommodations and modifications.

ICE directorates and program offices will post public notification for program

participants and visitors describing ICE’s obligations under Section 504. The public

notification will include information on how to request an accommodation or

modification and whom to contact for questions or concerns regarding Section 504 or the

accessibility of online materials. Template language for the public notification is

provided in Appendix B and will be disseminated to ICE directorates and program

offices.

ii. Effective Communications

ICE ERO provides auxiliary aids and services necessary to allow effective

communication with detainees with disabilities. The type of auxiliary aid or service

necessary for effective communication varies in accordance with the method of

communication preferred by the individual detainee; the nature, length, and complexity

of the communication involved; and the context in which communication occurs.

ICE ERO personnel and detention facilities give primary consideration to the request of

the detainee with the disability, consistent with federal laws, 2011 PBNDS, Standard 4.8,

and ICE ERO policy. To determine a detainee’s need for auxiliary aids and services,

ICE ERO and/or the detention facility engage in an individualized, interactive process

with the detainee. ICE ERO Custody Management has expanded the availability of

https://www.ice.gov/detention-standards/family-residential

auxiliary aids and services for effective communication with detainees, including sign

language interpretation services, sound amplification devices, and the availability of

Braille translation, as needed.

ICE ERO maintains a contract allowing for nationwide availability of sign language

interpretation services. These services include American Sign Language and Certified

Deaf Interpretation to accommodate a range of sign languages. The contracted sign

language interpretation services include Video Remote Interpretation and in-person

services. ICE ERO also maintains contract services for Braille translation when needed,

and IHSC will facilitate the provision of sound amplifiers to assist individuals with

hearing disabilities. In addition, hearing aids may be provided after an audiology

evaluation.

As detainees with visual disabilities are identified through the mandatory notification

process, ICE ERO Custody Management works with field offices to ensure detainees

have access to all facility programs and services, including, among others, facility law

libraries. ICE ERO and contract facilities are working to increase the number of methods

available to facilities to ensure access to law library materials, including for detainees

with visual disabilities. Such methods currently include screen-reading software and/or

assistance from staff. The use of other detainees to interpret or facilitate communication

with a detainee with a disability may only occur in emergencies.

The modification of policies and procedures and the furnishing of auxiliary aids and

services for individuals with disabilities is ongoing. ICE ERO Custody Management,

including the ICE EDAC and ICE Field Office SDACs, is continually examining and

developing new capacities in cooperation with facilities and ICE ERO to provide

auxiliary aids and services. ICE ERO Custody Management works with ICE ERO field

offices on an individual basis to assess a facility’s ability to accommodate detainees with

a hearing disability. Examples include providing continuing education and training on

Section 504 requirements to field offices and adding tablet technology with Video Relay

Remote Services at an increasing number of facilities.

ERO programs for individuals on the non-detained docket and other members of the

public, such as ATD or Bond Management, will work to ensure they provide effective

communication consistent with the overarching ICE policies and procedures to be

developed as part of the ICE DAP.

iii. Complaints

ICE is committed to complying with Section 504 of the Rehabilitation Act by providing

equal opportunity and access for individuals with disabilities in ICE-conducted programs,

services, and activities. This compliance consists of providing reasonable

accommodations, auxiliary aids and services, and/or modifications to policies or

procedures, as appropriate. However, if an individual believes he or she has been denied

access, a Section 504 complaint can be directly filed with DHS CRCL. Details for filing

a complaint can be found on the public template in Appendix B. Additionally,

individuals may submit a complaint to any ICE employee who will refer the complaint to

DHS CRCL. Information on how to contact ICE is included in the public template in

Appendix B.

All ICE ERO detention facilities are required to notify detainees of their right to request

an accommodation for a disability, how to request accommodations and modifications,

and how to file a complaint. The ICE ERO Detention Reporting and Information Line

poster contains this information and must be posted in all ICE detention facilities. The

2011 PBNDS also requires that facility orientation programs and handbooks inform

detainees of their right to request accommodations and how to make such a request.

iv. Physical Accessibility

The Architectural Barriers Act of 1968, along with Section 504 of the Rehabilitation Act

of 1973, requires that buildings and facilities designed, constructed, or altered with

federal funds, or leased by, or on behalf of a federal agency, comply with federal

standards for physical accessibility. There is an ongoing requirement for ICE facilities to

ensure that individuals with disabilities can physically access ICE-conducted programs,

services, and activities. For example, this includes ensuring that individuals with

disabilities can access public restrooms and other public spaces at ICE Headquarters and

field office buildings.

In addition, ICE detention facilities are required to house detainees with disabilities in a

physically accessible space that affords them safe, appropriate living conditions in the

least restrictive and most integrated setting appropriate to their needs. Responsible

parties include facility security and medical staff, IHSC (e.g., identification, notification,

assessment, and service provision), the ICE Field Office SDACs (e.g., in coordinating

compliance, notifying Headquarters, reviewing requests, and providing

accommodations), and ICE ERO Headquarters personnel, including the ICE EDAC for

Custody Management.

F. Interaction Procedures/Protocols

ICE ODCR plans to develop an appropriate ICE-wide policy or procedure requiring its staff or

contractors to follow an individualized interactive process to determine which accommodations

or modifications would provide individuals with disabilities equal access to ICE-conducted

programs, services, and activities.

ICE ERO requires detention facilities to follow an individualized interactive process to

determine which procedures or protocols must be modified to provide detainees with equal

access to their programs and activities. Per ICE ERO policy and the revised 2011 PBNDS, the

ICE EDAC for Custody Management also provides ongoing consultation and training on the

interactive process to ICE ERO field offices overseeing facility compliance.

Under its compliance mission, ICE ODCR will monitor the actions identified by the ICE DAP

and will continue to monitor its progress until all compliance actions in the plan are complete.

G. Reasonable Accommodation Policies/Procedures

During the ICE Self-Evaluation Survey, many ICE program offices reported that they have

practices in place to ensure an accommodation is provided in non-custodial settings in

accordance with Section 504, such as providing sign language interpretation and visual aids.

With an estimated completion in FY 2021, the ICE-wide policy and its implementing procedures

will provide staff with a uniform process for providing reasonable accommodations and

modifications, including procedures for how to engage with individuals with disabilities in an

interactive process to understand their needs and accommodation requests.

ICE ERO programs that may have periodic interactions with individuals with disabilities outside

of the custodial setting will work to provide accommodations and modifications consistent with

the overarching ICE policies and procedures to be developed as part of the ICE DAP.

Within ICE ERO custodial settings, per ICE ERO policy and Standard 4.8 of the revised 2011

PBNDS, accommodations for detainees with disabilities include, among other things, any

reasonable change or adjustment in detention facility operations or any modifications to facility

policy, practice, or procedure consistent with the safety, security, and order that permits a

detainee with a disability to participate in the facility’s programs, services, activities, or

requirements, or to enjoy the benefits and privileges of detention programs equally to those

enjoyed by detainees without disabilities. Accommodations may also include auxiliary aids and

services that allow for effective communication by affording detainees with impaired sensory,

manual, or speaking skills an equal opportunity to participate in, and enjoy the benefits of,

programs and activities. ICE ERO and facility staff are required to engage in an individualized,

interactive process with a detainee with a disability who is requesting an accommodation to

address the disability-related request, the process for determining whether an accommodation

can be provided and through which the detention facility determines whether the request is

granted, and the identification of effective alternative accommodations. Responsible parties

include facility staff, IHSC, and ICE SDACs at the field office level. The ICE EDAC for

Custody Management also provides ongoing consultation and training on the interactive process.

H. Auxiliary Aids Policies/Procedures

Please refer to Section E. ii, “Effective Communications,” of this plan for ICE ERO’s processes

to provide auxiliary aids and services for detainees with disabilities.

ICE ODCR will develop appropriate technical assistance and/or training materials for ICE

directorates and program offices to use in providing auxiliary aids and services to individuals

with disabilities seeking access to ICE-conducted programs or activities.

I. Dissemination of Policies and Procedures

ICE ODCR developed a Disability Access Resource Page to assist employees with information

and tools for providing disability access. Included in the Resources section are policy

documents, including DHS Directive 065-01, DHS Instruction 065-01-001, the DHS publication

“A Guide for Interacting with People Who Have Disabilities,” and the ICE document “Roles and

Responsibilities for Lead Disability Access Coordinators and Supporting Disability Access

Coordinators.” ICE ODCR also added links to the DHS Disability Access and ICE ERO

Disability Accommodation Resource Center websites on its Disability Access Resource Page.

ICE ODCR will periodically update this internal webpage with relevant policies and resources

for all ICE personnel’s reference.

ICE ERO Custody Management maintains a “Disability Accommodations Resource Center”

webpage for all ICE ERO personnel who interact with or provide information to detainees with

disabilities. The ICE ERO Resource Center includes copies of the aforementioned documents as

well as ICE ERO-specific documents available for employee use. The ICE ERO Resource

Center also includes the DHS publication, “A Guide for Interacting with People Who Have

Disabilities.” Training materials include links to DHS regulations and other government

websites with disability-related information. The ICE ERO Resource Center also provides

contacts for assistance.

J. Training

The ICE Self-Evaluation Survey suggests providing additional trainings across the ICE

workforce to enhance interactions with individuals with disabilities. Currently, ICE has two

required online trainings in place to inform employees of disability access requirements in the

workplace. ICE ERO has a training module regarding provision of effective communication

entitled “Effective Communications with Persons who are Deaf, Hard-of-Hearing or

Deaf-Blind.” Additionally, ICE ODCR has committed to developing a supplemental training in

FY 2021 to specifically address ICE’s obligations under Section 504 to individuals with

disabilities accessing ICE-conducted programs and activities. This future training will provide

technical assistance materials for ICE personnel on how to provide reasonable accommodations,

auxiliary aids and services, and/or modifications as well as tips on how to interact with

individuals with disabilities. On an as-needed basis, ICE OPLA Headquarters staff provides

disability-related training and guidance to attorneys at its field offices.

The ICE EDAC for Custody Management and other Custody Management personnel conduct

site visits, provide training and consultation to ICE oversight entities, and facilitate targeted

conference calls on disability accommodation with ICE SDACs to continually expand the

knowledge of ICE ERO personnel and facilities about ICE’s Section 504 obligations. For

example, in 2017, all ICE SDACs in every ICE ERO field office received training on effective

communication with individuals with hearing disabilities. ICE ERO Custody Management also

provides annual training to existing and newly appointed ICE SDACs. Several ICE ERO

leadership trainings and ICE ERO field broadcasts have informed the field about the role of and

contact information for the ICE EDAC. In addition, ICE ERO manages a group email address

list with every current ICE Field Office SDAC. This contact information is updated continually

as ICE SDAC assignments change.

Furthermore, in its efforts to address mental disabilities and mental health needs in detention

facilities, ICE ERO Custody Management, in collaboration with IHSC and DHS CRCL,

developed ICE ERO Officer training on suicide prevention for individuals in ICE custody.

The training was piloted in FY 2018 and is available upon request.

K. Notification to the Public

Most ICE program offices that participated in the ICE Self-Evaluation Survey wish to enhance

their processes for notifying individuals with disabilities of their rights under Section 504,

including how to request an accommodation, auxiliary aid or service, or modification, and how

to file a complaint under Section 504. To address this gap, ICE plans to develop an appropriate

policy along with implementing procedures. The policy will require Section 504 notices to be

posted, at a minimum, in English and Spanish on ICE’s public-facing websites and to be

prominently displayed in all ICE buildings and facilities accessible to public. The notices will

explain individual rights under Section 504; how to request accommodations, modifications, and

auxiliary aids and services; and how to file a Section 504 complaint. ICE ODCR will also create

a Disability Access page on its website,

which will provide information to the public about

ICE’s processes and procedures.

L. Resources

ICE ODCR will assist ICE directorates and program offices, as requested, with identifying

resources, aids, and services to facilitate access to ICE-conducted programs and activities for

individuals with disabilities. ICE ODCR administers an ICE-wide teletypewriter/federal caption

relay/video recording service line with Sprint for individuals who have hearing or speech

disabilities to ensure effective communication with ICE personnel. ICE program offices also

have access to sign language interpreters upon request. If there is a request for larger print

materials or other auxiliary aids or services not readily available, the program office for which

the request is being made is encouraged to work with the ICE LDAC within ICE OCDR to fulfill

the accommodation. ICE ODCR has made available the disability resources mentioned in this

plan on its Disability Access Resource Page on the internal webpage and will continue to update

the list. At this time, each ICE program office is responsible for funding any accommodation

that is requested and provided for an external stakeholder accessing its programs or activities.

Due to its ongoing provision of reasonable accommodations to detainees with disabilities,

ICE ERO has requested additional funding to address individual and systemic need. For

example, IHSC provides additional staff resources to assist a detainee with a mobility disability

or for a sound amplification device for a detainee with a hearing disability. ICE ERO identified

new contract services needed to assist personnel in communicating with individuals who are

deaf, and Custody Management requested and received new contract funds for sign language

interpretation services. ICE ERO will continually assess and request needed resources to

www.ice.gov

accommodate individuals with disabilities as they are proactively identified through

communication with field offices, medical personnel, and detainees themselves through the

interactive process.

M. Implementation Steps

ICE ODCR will oversee the implementation of the ICE DAP throughout the agency, which will

continue to comply with federal and DHS requirements, including timelines for compliance

reporting.

The Milestones Implementation Plan in Appendix C references ICE’s implementation plan for

FY 2020. ICE ODCR will periodically monitor the progress of the milestones and

implementation time frames.

IV. Appendices

Appendix A: List of ICE Program Office LDACs and SDACs

Appendix B: Draft Public Notice Template

Appendix C: Milestones Implementation Plan Table

Appendix A

U.S. Immigration and Customs Enforcement Directorate and Program Offices with Lead

Disability Access Coordinators (LDACs) and Supporting Disability Access Coordinators (SDACs)

Directorate

LDAC

SDAC

Office of the Director (OD)

Office of Diversity and Civil Rights (ODCR)

Office of Public Affairs (OPA)

Enforcement and Removal Operations (ERO)

ERO/Custody Management

ERO/Removal

ERO/Enforcement

ERO/Field Operations

ERO/ICE Health Service Corps

ERO/Criminal Alien Program

ERO/National Fugitive Operations Program

Homeland Security Investigations (HSI)

Field Offices

Domestic Operations

National Security Investigations Division

Victim Assistance Program

Management and Administration (M&A)

M&A Chief of Staff

Office of Professional Responsibility (OPR)

OPR

Appendix B

U.S. Immigration and Customs Enforcement

[insert program office]

Notification of ICE’s Commitment to Equal Access for Individuals with Disabilities

to Programs, Activities, and Services

EQUAL ACCESS POLICY

U.S. Immigration and Customs Enforcement (ICE) [insert program office name] is committed

to providing individuals with disabilities the equal opportunity to access, participate in, and

benefit from its programs, services, and activities, including those carried out by contracted or

licensed providers, through the provision of reasonable accommodations, auxiliary aids and

services, and/or modifications, as appropriate. Auxiliary aids and services are available as

needed for persons with disabilities to ensure effective communication and equal access to ICE’s

programs and activities in compliance with Section 504 of the Rehabilitation Act of 1973, as

amended (“Section 504”), and the Department of Homeland Security’s (DHS) implementing

regulation, 6 C.F.R. Part 15. ICE is also committed to making Electronic and Information

Technology available to the public and accessible to individuals with disabilities in compliance

with the requirements of Section 508 of the Rehabilitation Act of 1973, as amended.

REQUESTS

To request an accommodation, modification, auxiliary aid, or service in order to accommodate

access to ICE-conducted programs, services, or activities, please contact [insert program

office’s point of contact].

COMPLAINTS

If an individual with a disability believes he or she has been denied equal access to ICE

programs or activities, the individual may file a complaint alleging a violation of Section 504.

Individuals with disabilities who wish to file a Section 504 or Section 508 complaint may submit

their concerns to the DHS Office for Civil Rights and Civil Liberties (see

https://www.dhs.gov/how-do-i/file-civil-rights-complaint). Individuals may also write directly to

ICE by emailing ICE.C[email protected], and ICE will refer the complaint to DHS.

ADDITIONAL INFORMATION/QUESTIONS

Additional information about ICE’s commitment to ensuring equal access to its programs,

services, and activities for individuals with disabilities is available on the ICE website at:

https://www.ice.gov/leadership/dcr

For questions or concerns about equal access for individuals with disabilities,, please contact the

ICE Office of Diversity and Civil Rights by email at [email protected], by phone

at (202) 732-0111, by Fax at (202) 732-0104, or by TTY at (202) 732-0097.

For questions or concerns related to the accessibility of materials on the ICE website, please

contact the ICE Section 508 Coordinator at ICE[email protected] or by phone at

(202) 732-7434.

APPENDIX C

U.S. Immigration and Customs Enforcement (ICE) Disability Access Plan (DAP)

Milestones

DAP

Section

Element Deliverable

Program Office

Responsible For

Implementing

Status

Program

Interactions

1. Development of mental health

programming unit at large ICE

Enforcement and Removal (ERO)

facility

ICE ERO/Custody

Management and ICE

Health Service Corps

(IHSC)

Complied

Fiscal Year (FY)

2019/Quarter 2

D Policy

1. Create Standard 4.8 of 2011

Performance-Based National

Detention Standards (PBNDS)

ICE ERO

FY 2017/Quarter

2. Draft Directive on

Nondiscrimination for Individuals

with Disabilities in ICE-Conducted

Programs and Activities (Non-

Employment)

ICE Office of

Diversity and Civil

Rights (ODCR)/

Civil Liberties

Division (CLD)

To complete by

September 2020

3. ICE ERO Disability Access

Coordinator (EDAC) for Custody

Management provides training and

consultation to ICE ERO field offices

on implementation of ICE ERO

Directive and revised PBNDS

ICE ERO/Custody

Management

Compliance is

ongoing

4. ICE Field Office Supporting

Disability Access Coordinators

(SDACs) provide notification

regarding disability identification,

access, and accommodations to EDAC

ICE ERO/Custody

Management

Compliance is

ongoing

5. ICE Field Office SDACs

collaborate and communicate with

EDAC, field offices, and detention

facility personnel to monitor care and

treatment of detainees with disabilities

ICE ERO/Custody

Management and

Field Operations

Compliance is

ongoing

6. ICE Field Office SDACs

coordinate with IHSC to review

requests for accommodations

ICE ERO/Custody

Management and

Field Operations

Compliance is

ongoing

Program

Accessibility

1. ICE Directive No. 5-3.0, ICE

Occupant Emergency Plan (OEP) ICE

Complied

FY 2006/Quarter

2. ICE Directive No. 8-7.0, Section

508 Electronic and Information

Technology Accessibility

ICE

Complied

FY 2009/Quarter

3. Develop training and technical

assistance materials to explain how to

provide reasonable accommodations

and modifications in integrated

settings

ICE ODCR/CLD

To complete by

September 2020

4. Post public notice of ICE’s

processes for requesting and providing

reasonable accommodations to include

points of contact for

ICE ODCR/CLD

To complete by

September 2020

APPENDIX C

U.S. Immigration and Customs Enforcement (ICE) Disability Access Plan (DAP)

Milestones

DAP

Section

Element Deliverable

Program Office

Responsible For

Implementing

Status

questions/concerns regarding Section

504

5. Examine ICE ERO and detention

facilities’ capacities to provide

auxiliary aids and services to

detainees with disabilities

ICE ERO/Custody

Management

Compliance is

ongoing

6. Examine ICE ERO’s process for

notifying detainees of their right to

request an accommodation for a

disability, how to request

accommodations, and how to file a

complaint

ICE ERO/Custody

Management

Compliance is

ongoing

7. Ensure that the ICE ERO Detention

Reporting and Information Line

(DRIL) poster is posted in all facilities

and contains required notification

information

ICE ERO/Custody

Management

Compliance is

ongoing

8. Ensure that the ICE ERO National

Detainee Handbook contains

information for detainees about their

right to equal access to programs and

activities and their right to receive

auxiliary aids and services to ensure

effective communication

ICE ERO/Custody

Management

Compliance is

ongoing

9. Ensure facility orientation

programs and handbooks inform

detainees of their right to request

accommodations and how to make

such a request

ICE ERO/Custody

Management

Compliance is

ongoing

10. Ensure that facilities are

providing detainees with disabilities

access to the facilities’ programs and

activities in the least restrictive and

most integrated setting appropriate

ICE ERO/Custody

Management and

Field Operations

Compliance is

ongoing

Interaction

Procedures/

Protocols

1. Ensure that detainees with

disabilities are provided with an

individualized and interactive process

to determine their accommodation

needs

ICE ERO/Custody

Management & IHSC

Compliance is

ongoing

2. Conduct internal compliance

reviews of the ICE Disability Access

Plan

ICE ODCR/CLD

FY 2019–drafted

the plan; reviews

will occur in

FY 2020

Reasonable

Accommodation

Policies/

Procedures

1. ICE ERO Custody Management to

provide consultation and training on

the interactive process to ICE ERO

personnel

ICE ERO/Custody

Management

Compliance is

ongoing

APPENDIX C

U.S. Immigration and Customs Enforcement (ICE) Disability Access Plan (DAP)

Milestones

DAP

Section

Element Deliverable

Program Office

Responsible For

Implementing

Status

2. ICE ERO personnel and facility

staff to evaluate when a facility

feature or procedure requires

modification

ICE ERO Custody

Management

Compliance is

ongoing

3. Establish a uniform ICE-wide

procedure for providing

accommodations, including

procedures for how to engage with

external stakeholders in an interactive

process

ICE ODCR/CLD

To complete by

September 2020

Auxiliary Aids,

Policies,

Directives, or

Procedures

1. Develop training and technical

assistance aids for ICE program

offices to use in providing auxiliary

aids and services to external

stakeholders with disabilities

ICE ODCR/CLD

To complete by

September 2020

2. Develop training and technical

assistance aids for ICE field offices

and facilities to use in providing

auxiliary aids and services to

detainees with disabilities

ICE ERO Custody

Management

Compliance is

ongoing

Dissemination of

Policies and

Procedures

1. Update the Disability Access

Resource internal webpage on the ICE

InSight page to ensure that all posted

materials are up to date

ICE ODCR/CLD

Compliance is

ongoing

2. Update and maintain the ICE ERO

“Disability Accommodations

Resource Center” internal webpage

ICE ERO Custody

Management

Compliance is

ongoing

J Training

1. Develop training and technical

assistance materials to address ICE’s

obligations under Section 504 and on

the procedures for providing

reasonable accommodations or

modifications

ICE ODCR/CLD

To complete by

September 2020

2. Provide training and consultation

to ICE oversight entities and facilitate

targeted conference calls on disability

accommodation with ICE ERO

SDACs to continually expand the

knowledge of ICE ERO personnel

ICE ERO Custody

Management

Compliance is

ongoing

3. Annual disability access training to

ICE ERO SDACs to ensure continuity

of knowledge at the field-office level

ICE ERO Custody

Management

Compliance is

ongoing

4. Develop and implement training

for ICE ERO Officers on suicide

prevention of individuals in ICE

custody

ICE ERO/Custody

Management, and

IHSC

Complied FY

2018/Quarter 4

APPENDIX C

U.S. Immigration and Customs Enforcement (ICE) Disability Access Plan (DAP)

Milestones

DAP

Section

Element Deliverable

Program Office

Responsible For

Implementing

Status

Notification to

the Public

1. Ensure Directorates provide a

public notice in both English and

Spanish on ICE public-facing websites

and in all ICE buildings where

members of the public may be present

ICE ODCR/CLD

To complete by

September 2020

L Resources

1. Develop and disseminate broadcast

message to ICE personnel on the

availability of resources on the

Disability Access internal webpage

ICE ODCR/CLD

To complete by

September 2020

2. Develop and disseminate broadcast

message to ICE ERO field offices on

the availability of resources related to

the accommodation of detainees with

disabilities

ICE ERO/Custody

Management

Compliance is

ongoing

3. Update the Disability Access

Resource internal webpage to ensure

that all available disability access

resource materials are made known to

ICE employees

ICE ODCR/CLD

Compliance is

ongoing

4. Continually assess staff resources

to determine whether additional

funding may be needed to ensure that

individuals with disabilities are

accommodated

ICE ERO/Custody

Management

Compliance is

ongoing

5. Assess whether a centralized

accommodation fund is needed to

facilitate the provision of

accommodations or effective

communication to individuals with

disabilities

ICE ODCR/CLD

To complete by

September 2020

Implementation

Steps

1. Oversee the implementation of and

compliance with the ICE-wide

Disability Access Plan

ICE ODCR/CLD

To complete by

September 2020