When ICE Director Tom Homan was pressed about regulations in U.S. immigration detention centers, he had a simple response: “Check the standards.” Then, he directed reporters to the official ICE Detention Standards press release from August when Joe Biden was president.
Check out Homan’s reaction to media questions about living conditions at ICE detainment centers:
The document Homan sent the media to outlines the rules and expectations for every detention facility contracted by ICE. Homan’s calm, matter-of-fact tone underscored his confidence in the agency’s protocols. “There are multiple standards in place,” he said, “and they evolve over time to address safety, care, and oversight.”
Here’s what the press release reveals: ICE Detention Standards
A System Built on Standards
ICE operates under a variety of detention guidelines. Each facility must adhere to one of five sets of rules. These include the National Detention Standards (NDS), several versions of the Performance-Based National Detention Standards (PBNDS), and the Family Residential Standards (FRS).
Homan noted that these standards aren’t static. “We revise and update based on feedback, data, and evolving best practices,” he said.
A Look at the Standards
- National Detention Standards (NDS)
First introduced in 2000 and adopted when ICE was created in 2003, the NDS laid the foundation for detention practices. These standards set consistent policies for conditions, operations, and management across all facilities. - Performance-Based National Detention Standards (PBNDS)
The PBNDS was introduced in 2008 to improve safety and confinement conditions. By 2011, it underwent major revisions to address medical care, mental health, legal access, and other key issues.
“These updates were designed to better align with the unique challenges of immigration detention,” the press release explains. - NDS 2019
ICE updated the NDS again in 2019 to streamline processes and tackle new challenges. The changes emphasized better medical care, access for disabled individuals, and stronger protections against sexual abuse. - Family Residential Standards (FRS)
Housing families in detention requires a different approach. ICE first issued family-specific standards in 2007, with revisions in 2020. These standards prioritize education, recreation, and the developmental needs of children.
“These are some of the most rigorous standards we have,” Homan emphasized.
Responding to Criticism
Homan acknowledged that ICE has faced criticism over detention practices, but he defended the agency’s commitment to safety and accountability. “Every single facility is held to these standards. Inspections happen regularly,” he said.
The press release backs this up, highlighting a system of inspections and input from stakeholders. The 2011 PBNDS, for example, incorporated feedback from ICE employees, non-governmental organizations (NGOs), and field offices.
Homan also pointed out that the Family Residential Standards were developed with input from medical, psychological, and educational experts, as well as NGOs and the Department of Homeland Security’s Civil Rights office. “These standards are about care, not punishment,” he stated.
Evolving for Accountability
The press release highlights one thing clearly: ICE’s detention standards are not set in stone. Updates, like those in 2019 and 2020, reflect lessons learned and external feedback.
“Detention is a serious responsibility,” Homan concluded. “We follow the rules, we improve the rules, and we hold facilities accountable.”
While the debate over detention centers continues, the press release serves as ICE’s blueprint for care and compliance. It’s a reminder that, for every criticism, there’s a policy on paper that ICE officials say they’re trying to enforce.
For Homan, the message is simple: “We’re following the standards.”