AVITIA, ROSARIO MACIEL (vs. COSA AND IMMIGRATION AND CUSTOM ENFORCEMENT AGENCY "ICE")

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11304: Assessment and Accommodations for Detainees with Disabilities Issue Date: December 15, 2016 Superseded: N/A Federal Enterprise Architecture Number: 301-112-002b 1. Purpose/Background. This Directive establishes policy and procedures for U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) to oversee and communicate with detention facilities on the identification, assessment, and accommodation of detainees with disabilities. While Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended (Section 504), also applies to non-custodial interactions, this Directive specifically addresses ICE ERO's interactions with individuals in immigration detention facilities and family residential centers. ICE ERO is committed to ensuring that detainees with disabilities receive all necessary accommodations or modifications to policies, practices, or procedures to allow them an equal opportunity to access, participate in, or benefit from detention programs, services, and activities. Further, ICE ERO will take appropriate steps, and/or work with detention facility staff to assist them in taking such steps, to allow for effective communication with detainees with disabilities, including through the provision of accommodations and services as necessary. This Directive is intended to implement and complement the requirements of Section 504; the implementing U.S. Department of Homeland Security (DHS) regulations, Enforcement of Nondiscrimination on the Basis of Disability in Department of Homeland Security Programs or Activities, 6 C.F.R. Part 15, et seq.; DHS Directive 065-01, Nondiscrimination for Individuals with Disabilities in DHS -Conducted Programs and Activities (Non -Employment) (Sept. 25, 2013); and DHS Instruction 065-01-001, Instruction on Nondiscrimination for Individuals with Disabilities in DHS Conducted Programs and Activities (Non -Employment) (Mar. 13, 2015). 2. Policy. It is ERO policy that detainees with disabilities will be provided an equal opportunity to access, participate in, or benefit from in -custody programs, services, and activities, and that detainees with disabilities will be provided with auxiliary aids and services as necessary to allow for effective communication. Detainees with disabilities may request and receive appropriate auxiliary aids and services, reasonable accommodations, and modifications to policies, practices, and procedures (collectively "accommodations" for the remainder of this Directive) pursuant to ICE ERO and individual detention facility policy. However, ICE ERO and detention facilities are not required to provide the requested accommodations if they would create a fundamental alteration or an undue financial and administrative burden. All approved accommodations and modifications shall be provided in a manner that is consistent with ICE's detention standards and relevant provisions of law.