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The September 11 Detainees:
A Review of the Treatment of Aliens Held on Immigration Charges in Connection with the Investigation of the September 11 Attacks, June 2003

U.S. Department of Justice
Office of the Inspector General

CHAPTER 1: INTRODUCTION

1. Background
2. Methodology of this Review
3. Organization of this Report

CHAPTER 2: ARREST AND PROCESSING OF ALIENS IN RESPONSE TO THE SEPTEMBER 11 ATTACKS

1. Initial Law Enforcement Response
1. Initial FBI Response
2. Department of Justice Response
3. New York FBI's Response
4. SIOC Working Group
2. Arrests of September 11 Detainees
3. Assignment to a Detention Facility
1. FBI Assessment
2. INS Housing Determination
3. BOP Confinement Decisions
4. Department of Justice's Role
4. Demographics of September 11 Detainees
5. Processing of September 11 Detainees from Arrest to Clearance

CHAPTER 3: CHARGING OF SEPTEMBER 11 DETAINEES

1. INS Regulations and Policies Governing the Timing of Charging Decisions
1. The Charging Determination
2. Serving the Notice to Appear (NTA)
2. Service of NTAs on September 11 Detainees
3. Reasons for Delay in Serving NTAs
1. Pending Criminal Charges
2. Delays Caused by Logistical Disruptions in New York City
3. Delays Caused by INS Headquarters Review of NTAs
4. Delays Caused by Transfers of September 11 Detainees
4. OIG Analysis

CHAPTER 4: THE CLEARANCE PROCESS

1. "Hold Until Cleared" Policy
1. Origins of Policy
2. Implementation of Policy
2. INS Operational Orders
3. The Clearance Process
1. Determining Which Aliens Would be Subject to the Clearance Process
2. FBI Field Office Role in the Clearance Investigation
3. CIA Name Checks
4. Timing of Clearances
5. Delays in the Clearance Process
1. Inclusion of New York Arrests on the INS's "Special Interest" List Requiring Clearances
1. Background to the New York Custody List
2. Merger of Lists
2. Delays in the Field Portion of the Clearance Investigation
3. CIA Name Checks
4. Examples of Delays
5. Knowledge of the Delays in the Clearance Process
6. FBI Watch List
7. OIG Analysis

CHAPTER 5: THE DEPARTMENT'S "NO BOND" POLICY FOR SEPTEMBER 11 DETAINEES

1. Background on Immigration Law
2. Department's Strategy for Maintaining Detainees in Custody
3. INS Efforts to Maintain Detainees in Custody
1. Initial "No Bond" Determination
2. Pearson Order
3. Creation of a Bond Unit at INS Headquarters
4. Opposing Release at Bond Hearings
1. Concerns About Lack of Evidence for Bond Hearings and Impact of Delays in the Clearance Process
2. Difficulties Presented by New York Cases Added to INS Special Interest List
3. INS Attempts to Revise Bond Policy
5. Proposed Inter-Agency Memoranda
6. Impact of Pearson Order
4. OIG Analysis

CHAPTER 6: REMOVAL OF SEPTEMBER 11 DETAINEES

1. Background
2. Discussion of the Limits of the INS's Detention Authority
3. Detainees' Lawsuits
4. Policy Change Allowing Detainees to Be Removed Without FBI Clearance
5. OLC Opinion
6. Post-Order Custody Reviews of September 11 Detainees
7. OIG Analysis

CHAPTER 7: CONDITIONS OF CONFINEMENT AT THE METROPOLITAN DETENTION CENTER IN BROOKLYN, NEW YORK

1. Introduction
2. Initial Communications Blackout After September 11
3. Impact of Detainee Classification 5
1. Detainees' Classification
2. MDC's Special Housing Unit (SHU)
3. ADMAX SHU Policies and Procedures
4. Detainee Complaint Process
4. Housing Assignment of September 11 Detainees
1. Assignment of September 11 Detainees to the ADMAX SHU
2. Reassigning September 11 Detainees to the General Population
1. Centralizing the Notification Process
2. Inconsistencies in Detainee Reassignment Procedures
5. Access to Legal Counsel
1. Legal Telephone Calls
2. Attorney Visits
3. Pro Bono Attorney List
4. Social Visits
5. Contact with Foreign Consulates
6. Allegations of Physical and Verbal Abuse
1. OIG Site Visit
2. OIG Investigation of Abuse
3. FBI and BOP Investigations of Abuse
4. Allegations of Harassment
5. Reporting Allegations of Abuse
6. MDC Videotapes
7. Other Issues
1. Medical Care
2. Recreation
3. Lighting in the ADMAX SHU
4. Personal Hygiene Items
5. Hunger Strikes
8. OIG Analysis

CHAPTER 8: CONDITIONS OF CONFINEMENT AT THE PASSAIC COUNTY JAIL IN PATERSON, NEW JERSEY

1. Introduction
2. Background on Passaic County Jail
3. Housing of Detainees
1. Processing of September 11 Detainees
2. SDU Housing Reviews
4. Access to Legal Counsel
1. Background
2. Legal Telephone Calls
3. Pro Bono Attorney List
4. Legal Rights Presentations
5. Allegations of Physical and Verbal Abuse
6. Other Issues
1. Medical Care
2. Hunger Strikes
3. Recreation
7. INS Newark District Monitoring of September 11 Detainees
8. OIG Analysis

CHAPTER 9: OIG RECOMMENDATIONS

1. Uniform Arrest and Detainee Classification Policies
2. Inter-Agency Cooperation on Detainee Issues
3. FBI Clearance Process
4. Notices to Appear
5. Raising Issues of Concern to Senior Department Officials
6. BOP Housing of Detainees
7. Oversight of Detainees Housed in Contract Facilities
8. Other Issues

CHAPTER 10: CONCLUSIONS

TABLE OF FIGURES AND TABLES

Figure 1: Age Ranges for the September 11 Detainees
Figure 2: Nationality of September 11 Detainees
Figure 3: Arrest Location of September 11 Detainees
Figure 4: September 11 Detainee Arrests (By Week)
Figure 5: September 11 Detainee Arrests (By Month)
Figure 6: Processing September 11 Detainees from Arrest to Clearance
Table 1: Number of Days Between Arrest Date and NTA Served Date for September 11 Detainees
Table 2: Timing of NTA Service
Table 3: Number of Days from Arrest to FBI HQ Clearance
Figure 7: Number of Days from Arrest to FBI HQ Clearance
Figure 8: Detainees Removed per Month
Figure 9: Number of Days from Arrest Date to Removed/Released Date
Figure 10: Information Regarding Post-Order Custody Reviews
Figure 11: Weekly Average Number of INS Detainees Held at Passaic County Jail

TABLE OF APPENDICES

Appendix A Glossary of Names in the Report
Appendix B Glossary of Terms
Appendix C Organizational Charts [not available electronically]
                Department of Justice
                Federal Bureau of Investigation
                Immigration and Naturalization Service
                Bureau of Prisons
Appendix D INS Notice To Appear Form
Appendix E FBI Headquarters Detainee Clearance Memorandum
Appendix F INS Arrest Form (Record of Deportable/Inadmissible Alien) [not available electronically]
Appendix G INS Custody Determination Form
Appendix H INS Headquarters Release Memorandum
Appendix I INS Headquarters Bond Memorandum
Appendix J BOP Reassignment to General Population
Appendix K Letter from Deputy Attorney General Thompson