Inherently vulnerable so we placed a high priority on identifying any protection concerns unaccompanied children from contiguous companies who dont present protection concerns excuse me under trafficking reauthorization act of 2008 when dhs encounters unaccompanied child from contiguous country such as mexico, the child is screened to identify potential victims of Human Trafficking and determine whether the child has a fear of persecution if returned to his or her home country. Dhs as a matter of policy con ducks this screening on all unacomp anied children regardless of country of origin. Well come back and ask you questions on those topics, i promise. Thank you. Chairman castro, thank you and distinguished members of civil rights, thank you for allowing me to be here today. I appreciate the opportunity to speak with you about actions of Border Protection to implement standards to prevent tech and respond to sexual abuse and assault in confinement facilities. We refer to them as dhs prea standards and to highlight efforts in this area. Committed to ensure safety of all individuals in our custody. Detention standards have been important to cdp. Were committed to preventing, detecting and responding to sexual abuse in all facilities. Fully embraced prea standards built on our prior policies. Standards that became affect may 6, 2014, ensure appropriate mechanisms are in place to prevent, detect and respond to sexual abuse in dhs confinement facilities. On may 6th, current commissioner issued zero tolerance sexual abuse policy to the cbc work force which prohibits all forms of sexual abuse of individuals in custody including Holding Facilities during transportation and during processing. Immediately upon implementation of the policy cdp appointed interim prevention of Sexual Assault coordinator to begin coordinating our efforts across the country. Cbp created a new position, which was when we had selected permanent coordinator who should be joining organization with me in the next few days. Efforts to implement have been moving swiftly and we have ebb joyed great support from all of the operational components across cdp. Cdp office of Border Patrol, field operation, air and marine and internal affairs have all issued guidance to their staff on the dhs prea standards. And zero tolerance policy. Notification of field personnel is key to success of implementing prea standards and dhs standards. Cdp developing train for all persons who have contact with detainees in cdp Holding Facilities and interact during processing of adults and minors. They will underscore employee obligation for preventing, detecting and responding to sexual abuse as well as provide techniques and methods for communicating with individuals who are victims of sexual abuse. Detainees are third parties can report incidents or allegations of mistreatment without fear of retaliation as stated in our policy. In addition in an effort to ensure that detainees are able to report sexual abuse allegation to third parties, posters were developed and shipped to all cdp Holding Facilities across the country displaying telephone number of the dhs office of the inspector general. All sexual abuse allegations must be reported to the commissioners situation room and the joint in tech, which is a dhs facility for teching in misconduct allegations managed by ice and cdp. Cdp employees who violate prohibitions against sexual abuse will be subjected to disciplinary action other corrective action upon proof of violation up to removal of federal service. I want to thank you for providing me with the opportunity to outline actions taken by cdp to implementation prea and i welcome comments and questions and look forward to continuing this dialogue owned what we consider to be this most pressing issue. Thank you, mr. Jones. Miss bennett. Id like to thank the commission for inviting office of refugee settlement to discuss responsibilities for providing care and services for unaccompanied children. Speak a little closer into your mic, please. Today id like to share General Information on the kids that come into our care and custody as well as standards of care and services and briefly discuss published final role on preventing, detecting and responding to sexual abuse and harassment. Unaccompanied children or children who enter United States unaccompanied by parent or legal guardian without immigration status come into our care when they are referred to us by another agency usually department of Homeland Security. Once dhs identified a minor as unaccompanied child they transfer the child to one of the care provider facilities. O. R. R. Currently has approximately 124 care provider facilities in 15 states. In fiscal 2014, orr placed 57,496 children in its care providing facilities, the vast majority came from honduras, guatemala and el salvador. Children from mexico accounted for less than 2 of the total and all combined less than 3 from federal agencies. Demographic breakdown changed slightly from previous years with an increase in the number of female unaccompanyied thirn and the children under 14 years of age. In previous years approximately 25 of the population was female while in fiscal year 2014 females made onethird of the population. Also in fiscal year 2014, approximately 27 of the population was under 14 while in previous years percentage range from 17 to 24 . O. R. R. Has a network of care provider facilities across u. S. That provide various levels of care including shelters, group homes, therapeutic providers, residential treatment, staff care providers, which are kind of a medium care facilities, transitional foster care and longterm foster care. A very small number of children placed in secure facilities if they have committed dangerous crimes or pose a danger to themselves or others. Vast majority of children are housed in our shelter facilities. All permanent o. R. R. Care providers are state licensed facilities licensed to provide Residential Services to minors. This means that are state licensing and orr. State licensing cover anything from reporting sexual abuse to providing nutritious meals and snacks, the number of square feet the children have in their rooms and Services Provided and much more. When a child is referred to orr from dhs, orr has intake specialists that must make placement determination for each child within the network that is the least restrictive setting and one in the best interest of the child. Orr will identify any special needs the child may have and determine the best and most appropriate placement for the child. For example, orr uses transitional foster care to house children under the age of 12 or teens pregnant or parenting so they may receive specialized care and services. When unaccompanied Childrens Program was transfered from the former u. S. Immigration and Naturalization Service from department of homeland to department of Childrens Services o. R. R. Became bound by Settlement Agreement which set forth minimum standards and services that must be provided to all unaccompanied children. Orr is tasked with providing care and custody until a safe and suitable sponsor is found to provide care and physical custody for the child while the child waits for his or her proceedings. While the child is in orr care, he or she receives array of Services State licensing standards. When a child is admitted to orr care, trained Care Service Providers conduct assessments of the child including screenings interviews, interviews with the childs family interviews with potential sponsors. This assessment used as first round of screening to determine whether the child that any immediate needs and whether the child has been the victim of abuse, crime or of trafficking. While children are in our care, each child receives an initial medical examination and medical and dental and Mental Health, educational services, daily recreational activities. Also know your rights presentations and Legal Service screenings and for some, Legal Services which is something weve been broadening recently. Access to religious services, regular telephone calls with family members, Case Management services which include services to identify a parent or relative or other appropriate sponsor for release, individual Service Planning assistance and weekly and individual counseling sessions. We seek to place children awaiting removal proceedings with a parent or relative or another appropriate sponsor. Most children do have a parent or other relative already living in the u. S. And orr assesses potential sponsors to ensure the sponsor is safe and suitable for the child including background checks interviews with sponsors, review sponsors ability to care for the childs wellbeing. In fiscal year 2014, approximately 95 of the children were released to a sponsor. Of some that werent released some were remanded to Homeland Security when they reached 18. Others became available for immigration status, some returned voluntarily or were removed to country of origin. Finally id like to discuss briefly orrs final rule that covers standards to prevent, detect and respond to sexual abuse and Sexual Harassment involving unaccompanied children. Orr published interim final role on december 24th, 2014 and accepting Public Comments for 60 days, about february 23rd. As an interim final rule, the rule became effective upon publication and orr care provider facilities will have six months to implement the rule and come into compliance with it. This rule includes comprehensive set of standards organized into 11 categories that cover topics such as prevention planning training and education, reporting, medical and Mental Health care and data collection. The standards built on enhanced existing state and local laws, regulations and licenses st. Standards. The rule applies to all orr facilities excluding secure care providers and individual foster homes. All secure care providers are to follow justice regulation and homes subject to o. R. R. s policies and procedures and state licensing standards not subject to ifr because they are communitybased placement. Our care provider facilities are already complying with many portions of the rule because of their state licensing requirements, but the rule will ensure that care providers are taking all the necessary and required steps in a formalized process to fully ensure prevention, detection and proper response to any allegations or instance of sexual abuse or harassment. Thank you. Mr. Landy. Chairman castro, members of the commission on civil rights, thank you for the opportunity to discuss recent detention reform initiatives at immigration and customs enforcement. My name is kevin landy, im assistant director of office of detention policy and planning. Odpp established in 2009 to help coordinate efforts to reform immigration detention system. Our National Immigration detention system expanded rapidly in the last 20 years growing from average daily population of less than 7500 detainees to over 33,000. 7500 detainees in 1995. This growth presented challenges to ice. In 2009 dhs announced broad and longterm effort to reform immigration detention system. The goal of this reform was to ensure conditions of confinement would be consistent with civil nature of immigration detention. Odpp was established to spearhead initiatives both by emp lemting shortterm improvements and identifying longterm solutions to further agencies civil detention priorities. Groups have included developing facilities more appropriate for the agencies detained population and improving conditions at existing facilities, reducing the number of people transferred away from their families, communities and attorneys, ensuring detainees received Adequate Health and Mental Health care and necessary oversight. The commission asked i discuss two specific forms in particular, 2011 National Standards and implementation of dhs prea regulations. The 2011 standards are the most updated version of ice standards. To develop these i worked with stakeholders including nongovernmental organizations in ice field offices as well as in crcl in particular as megan mentioned. In 2011 improves upon safeguards and protections contained in earlier versions of detention standards in a number of ways including additional medical and Mental Health services, increased access to Legal Services, enhanced religious opportunities, stronger protection for detainees with limited English Proficiency and disabilities, stronger safeguards against sexual abuse and assault and stronger protections for vulnerable populations including women, individuals with Mental Illness and victims of abuse. Pbs 2011 currently applies to 60 of population including ice facilities that exclusively house ice detainees which are known as dedicated detention facilities. For a facility to move to new detention standards ice must engage in negotiations and execute contract modifications. This is a long process but ice is pursuing traditional nondedicated facilities with priorities given to facilities housing largest population. Next i will discuss ices work implementing dhs prea regulations. Prior to issuance of prea regulations, ice developed strong safeguards against sexual abuse or assault in Agency Policies and detention standards. Ices 2008 and 2011 incorporate preventive measures screening, staff training and detainee education as well as requiring Effective Response to all incidents of sexual abuse and assault. In may 2012, ice issued an agency wide directive on sexual abuse and assault intervention which established zero tolerance policy for sexual abuse and all individuals in ice custody and outlined duties of agency employees. It requires timely allegations, effective monitoring of all incidents of sexual abuse or assault. Pursuant to the 2012 ice directive, ice appointed agency wide prevention of Sexual Assault coordinator along with multiple coordinators in field office. Comprehensive on assault prevent and intervention for all ice employees who may have contact with detainees and develop detainee awareness materials on ices Sexual Assault policies. In march 2014 as youve heard from megan, dhs promulgated regulations under prea. This rule built upon existing Agency Policies and practices outlined robust requirements for prevention, intervention, reporting and investigation. Ice is currently compliant with all dhs Requirements Applicable to the agency. In may 2014, ice updated its original directive on sexual abuse and assault prevention to incorporate several requirements not already covered by the original policy. In september 2014 ice promulgated a new policy integrating prea requirements specifically applicable to ice shortterm Holding Facilities. In regards to preas application to ice facilities prea requires all new, renewed or subsequently modified detention facility contracts incorporate prea standards. Ice will also proactively pursue opportunities for incorporating prea standards and other detention facilities including all dedicated facilities. At the current time requirements are binding at six detention facilities including all three of ices Family Residential facilities. However, its important to note Sexual Assault safeguards contained in prea or 2011 already apply to approximately 80 of the agencys average daily population. Z this number in 95 of the agencys average daily population when excluding those detainees held in u. S. Marshall service contracted facilities which are covered by department of justice prea regulations. As a final note, i would say like to quickly highlight a few additional reports. Megan referred to our recent directive review of use of segregation for ice detainees. This very progressive policy established procedures for review and oversight by ice field offices and headquarters of decisions to place any ice detainee in segregated house are for 14 days or more or placements in segregation for any length of time in the case of detainees with Health Factors or special vulnerabilities. Any such segregation placement reviewed on ongoing basis by Headquarters Offices as well as field offices. We also completed nationwide deployment of new automated risk classification assessment. This tool improves transparency and uniformity and custody classification decisions, identity fiing vulnerable populations and prioritizeization of deif he thinks resources. Finally ice made Great Strides reducing Long Distance transfers of detainees increasing detention capacity where its most needed and issuing a policy in 2012 that regulates and limits transfers. These steps ensure that detainees can remain close to their families and attorneys and also prevents disruptions to ongoing immigration proceedings. We continue to strive for additional reforms in these and other areas and we will continue to ensure that the conditions at ice detention facilities are safe, humane and appropriate for the nature of our detained population. Id like to thank the commission again for its interest in immigration detention and for the opportunity to provide the statement. Thank you, mr. Landy. We