Table of Contents
Institution Hearing Program
U.S. Department of Justice
Federal Bureau of Prisons
Program Statement
OPI: CPD/CPB
NUMBER: 5111.04, CN-1
DATE: May 23, 2017
/s/
Approved: Thomas R. Kane
Acting Director, Federal Bureau of Prisons
PURPOSE AND SCOPE
To outline procedures for managing and designating foreign-born non-U.S. citizens (aliens) who are serving Federal sentences and who are eligible to participate in the Institution Hearing Program (IHP).
The IHP is a coordinated effort between the Federal Bureau of Prisons (Bureau), Immigration and Customs Enforcement (ICE), and Executive Office for Immigration Review (EOIR), to provide deportation, exclusion, or removal proceedings to sentenced aliens.
This PS provides procedures to ensure the maximum number of eligible inmates in Bureau custody participate in the IHP while serving their sentences. This process allows ICE to effect removal immediately upon completion of an inmate’s sentence.
SUMMARY OF CHANGES
- The following Case Management Activity (CMA) assignments have been deactivated: NO IHP; IHP CMPWDE; IHP CMPWDI; IHP CMP NP.
- New CMA assignments of IHP COMPLT, IHP NO HRG, and IHP INTRVW have been added.
- All references to release sites have been removed.
- Attachment A has been updated to include CMA assignment guidance and processes.
PROGRAM OBJECTIVES
The expected results of this program are:
- Inmates will be made available to ICE and EOIR for IHP processing prior to sentence expiration.
- Eligible inmates will be identified and transferred to institutions designated as IHP sites.
- Inmates participating in the IHP will be tracked with the current CMA assignment entered in SENTRY to ensure expeditious processing.
- Initial designation coordination will be made between the Designation and Sentence Computation Center (DSCC), Immigration and Customs Enforcement (ICE), and the Correctional Programs Branch (CPB) to identify aliens.
DIRECTIVES AFFECTED
Directives Rescinded
PS 5111.01 Institution Hearing Program (IHP) (4/25/97)
Directives Referenced
PS 5100.08 Inmate Security Designation and Custody Classification (9/12/06)
PS 5180.05 Central Inmate Monitoring System (12/31/07)
PS 5300.22 Volunteer Services (11/7/16)
PS 5800.15 Correctional Systems Manual (9/23/16)
PS 7740.02 Oversight of Private Secure Correctional Facilities (11/21/14)
PS 8120.03 Work Programs for Inmates – FPI (2/23/17)
STANDARDS REFERENCED
None.
DEFINITIONS
IHP Hearing Site
A Bureau or contract facility where ICE and EOIR conduct hearings. A list of IHP Hearing Sites is published on the Correctional Programs Sallyport Page.
Administrative Deportation/Removal Order
An order of deportation/removal issued either by an ICE official or an EOIR immigration judge. An alien with an administrative order does not require designation to an IHP facility.
Judicial Deportation/Removal Order
An order of deportation/removal issued by a U.S. Immigration Judge or U.S. District Judge as part of the alien’s sentence. An alien with a judicial order does not require designation to an IHP facility.
RESPONSIBILITIES
Correctional Programs Branch
The Correctional Programs Branch (CPB) oversees the IHP and acts as the primary liaison with ICE and EOIR headquarters. CPB staff are available to participate in staff assistance visits and/or program reviews.
Designators
Designators monitor population reports and designate/re-designate hearing sites for inmates.
Regional Office
Regional Office staff monitor the implementation of and adherence to IHP procedures during staff assistance visits.
Case Management Coordinators (CMCs)
CMCs ordinarily serve as the local liaison between the Bureau, ICE, and EOIR, unless the Warden delegates this responsibility to another staff member.
- Coordinate the docket schedule to avoid conflicts with other institution events.
- Ensure inmates docketed for hearings are placed on call-out.
- Ensure referrals are submitted for inmates who require transfer to hearing sites.
- Receive and distribute hearing decisions.
- Verify the accuracy of SENTRY CMA assignments for the IHP.
- Provide training in all IHP issues to appropriate staff.
- Meet quarterly with ICE and EOIR representatives at hearing sites.
Case Managers
- Load and update the CMA assignments for the IHP.
- Determine if transfer to a hearing site is required, and prepare a request for re-designation.
- Review an inmate’s custody classification for removal of the Alien Public Safety Factor and possible custody reduction following a decision not to deport.
Correctional Systems (CS)
- Notify ICE upon an alien’s arrival.
- Make appropriate documents available for ICE to copy from the Judgment and Commitment (J&C) File.
Hearing Sites
Each hearing site will develop procedures to provide training to ICE and EOIR staff consistent with the Program Statement Volunteer Services.
Designations and Sentence Computation Center (DSCC)
Ensure any available information regarding Administrative or Judicial Deportation/Removal Orders is noted on the Inmate Load and Security Designation form (PPG0) at initial designation.
INITIAL DESIGNATION PROCEDURES
New commitments will be designated in accordance with the procedures below.
Using the information supplied by ICE regarding a determination of eligibility for the IHP, inmates will be designated to an appropriate facility in support of that determination. Comments regarding IHP status shall be made by DSCC staff in the “Designator Remarks” section of the PPG0. For information regarding CMA assignments based on Designator remarks, refer to Attachment A.
Inmates Serving Sentences of 60 Months or Less
A hearing site will be designated as bedspace permits. If a hearing site is not designated, the reasons will be documented on the PPG0 (e.g., NEEDS IHP, NO BEDSPACE AVAILABLE AT IHP SITE).
Inmates Serving Sentences of More than 60 Months
Ordinarily, an institution will be designated according to standard procedures. A re-designation request should be initiated within 48-60 months of the Projected Release Date.
RE-DESIGNATION PROCEDURES
Normally, a referral for transfer to a hearing site will be submitted when an inmate has between 48–60 months remaining to serve. If the Designator is still unable to re-designate a hearing site for the inmate, justification will be entered on the CMC Clearance and Separatee Data form (PP10) and retained in the Inmate Central File.
HEARING/SITE PROCEDURES
(Hearing Dockets
A copy of the calendar docket will be obtained by the CMC from either ICE or EOIR at intervals sufficient to provide for the inmate’s attendance in court.
Representatives
A representative is eligible to attend an IHP hearing.
If an inmate wishes to have a representatives attend his/ or her hearing, he/she must give advance notice to unit staff.
The Warden will make the final decision regarding entrance of visitors. Refer to the Program Statement Visiting Regulations for additional information.
Hearing Decisions
When the hearing is concluded, ICE or EOIR will provide a copy of the hearing decision to institution staff and the inmate. If a copy is not provided when the hearing concludes, one should be requested from the local ICE liaison. If EOIR issues a delayed decision, a copy of the order will be mailed to institution staff and the inmate, with a copy placed in the Inmate Central file.
Transfers to and from Hearing Sites
Inmates Not Ordered Deported/Removed
When removal is not ordered at the conclusion of the administrative proceeding, a written copy of the final order should be placed in the J&C and Inmate Central Files. The lifting of an ICE detainer requires a written notification provided by ICE.
18 Months or Less Until Projected Release Date
Inmates will normally remain at the hearing site for release processing (e.g., to a Residential Reentry Center [RRC]).
More than 18 Months Until Projected Release Date
Inmates will be referred for re-designation to any appropriate institution commensurate with security and programming needs.
Inmates Ordered Deported/Removed
If removal is ordered, coordinate with ICE regarding the placement of an ICE detainer and obtaining a copy of the removal order for placement in the inmates J&C and Inmate Central Files.
18 Months or Less Until Projected Release Date
Inmates should remain at the hearing site for release processing.
More than 18 Months Until Projected Release Date
Inmates should be referred for re-designation to a facility commensurate with their security and programming needs.
Management Concerns
A transfer referral to any appropriate institution may be submitted for justifiable reasons, such as CIM, disciplinary, or medical concerns.
Medical Concerns
Inmates requiring medical and/or psychiatric care shall be submitted for designation or re-designation. The referral to the medical designator will indicate the inmate’s IHP status.
Following completion of treatment, the inmate should be referred for placement at a hearing site.
COORDINATION WITH ICE
ICE Interviews
Unit staff will provide notification to the ICE designated Point of Contact (POC) regarding inmates arriving at the institution with a CMA assignment of “IHP INTRVW.” This notice shall identify the inmate(s) requiring an interview within 30 days (from the date of notification) and request a final disposition regarding IHP eligibility be provided. If a response is not received within 30 days, staff will notify the Administrator, Correctional Programs Branch, by forwarding an electronic copy of the dated notice referred to ICE.
APPEALS
Ordinarily, appeals of deportation/removal decisions do not require in-person hearings. EOIR provides appeal forms. Inmates at non-hearing sites should be advised to request appeal forms from:
Board of Immigration Appeals
Office of the Chief Clerk
5107 Leesburg Pike, Suite 2000
Falls Church, VA 22041
If an order is overturned on appeal, coordinate with your designated ICE POC regarding the lifting of ICE detainers, should any be present. The CMA assignment will be updated to reflect the new decision.
SENTRY CMA ASSIGNMENTS
Case Management Activity (CMA) assignments have been created/updated to enable staff to more effectively monitor and track an inmate’s IHP status. CMA assignments must be entered in SENTRY before or upon completion of Initial Classification. CMA assignments and dates are subject to change, based on direction from CPB and/or ICE.
ACTIVE CMA ASSIGNMENTS
- IHP PART – IHP Participant. Indicates the inmate is at a hearing site, is participating in the IHP, and should not be transferred until the hearing is completed. Only inmates at hearing sites will have this assignment. A list of IHP hearing sites is available on the Correctional Programs Sallyport page.
- IHP PEND – IHP – Pending Hearing Site. Indicates any inmate who requires an IHP hearing but is not at a hearing site.
- NO IHP HRG – IHP – No Hearing Required. Indicates an inmate does not require an IHP hearing or placement at an IHP hearing site.
- IHP COMPLT – IHP – Hearing Complete. Indicates the IHP hearing has been completed.
- IHP INTRVW – IHP – ICE Interview Required. Indicates ICE needs to interview the inmate for possible placement at an IHP hearing site.
For further information regarding initial CMA assignments and CMA processes, refer to Attachment A.
DEACTIVATED CMA ASSIGNMENTS
- NO IHP – No IHP. This assignment has been deactivated and is no longer applicable.
- IHP CMPWDE – IHP Complete Will Deport EOIR. This assignment has been deactivated and is no longer applicable.
- IHP CMPWDI – IHP Complete Will Deport ICE. This assignment has been deactivated and is no longer applicable.
- IHP CMP ND – IHP Complete No Deport. This assignment has been deactivated and is no longer applicable.
If an appeal decision is subsequently received, the CMA assignment and CMAD will be replaced as appropriate.
When inmates are recommitted to the Bureau, IHP CMA assignments from the previous commitment(s) must be reviewed at initial classification.
ASSISTANCE
Any questions regarding these matters should be directed to the Correctional Programs Branch at (202) 307-0222.
Attachment A. CMA Assignments based on Designator Remarks on the PPG0
Published Feb 8, 2025 by Christopher Zoukis, JD, MBA | Last Updated by Christopher Zoukis, JD, MBA on Feb 20, 2025 at 8:30 pm