DHS IG stands by call to relocate illegal immigrants from NM ICE facility hit for 'egregious' conditions

FIRST ON FOX: A new report by the Department of Homeland Security’s Office of Inspector General continues to recommend that migrants not be housed at a New Mexico ICE facility after finding "egregious" conditions for illegal immigrants -- a conclusion that ICE remains opposed to, despite concurring with the watchdog’s other recommendations.

The DHS OIG had conducted an unannounced inspection in February of the Torrance County Detention Facility in Estancia, New Mexico, which is privately run under contract for ICE. It found such unsafe and unsanitary conditions that it had issued an alert calling for the immediate relocation of detainees.

In the final report, an advance copy of which was obtained by Fox News Digital, the IG stood by that assessment.

"During our inspection, we found such egregious conditions in the facility that we issued a management alert to notify ICE of issues requiring immediate attention. We recommended, and continue to recommend, the immediate relocation of all Torrance detainees unless and until the facility ensures adequate staffing and appropriate living conditions," the report by Inspector General Joseph Cuffari said.

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The list of health and safety violations it found were lengthy, finding that Torrance did not meet standards for "facility conditions, facility security, medical care, use of force, detainee classification, communication between staff and detainees, and access to legal services."

In its inspection, it identified unsanitary conditions including inoperable or clogged toilets and sinks, mold, leaks, faucets that did not produce hot water, -- and closed water fountains due to COVID restrictions, which resulted in detainees obtaining water from a faucet for filling mop buckets.

The review found that the smaller population due to COVID-19 social distancing protocols resulted in ICE paying for unused bed space due to its contract, which means ICE pays Torrance nearly $2 million a month even when the population is low.

The report also found in March that there was a critical staff shortage that was so severe that it could not meet standards of care as a result. Despite that alarm, the latest report says that Torrance only employs 46% of the staff it is required to for its population.

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The report highlighted lapses in security and standards for its medical care and dental care. The facility was faulted for not retaining video footage of any incidents when force was used against detainees. The IG had requested footage of an incident where staff fought with a detainee after a refusal to follow orders, but did not receive the video.

ICE had railed against the initial IG alert in March, raising "serious concerns about the accuracy and integrity of this report" and accusing the watchdog of having staged a photograph. The company also claimed in a letter to ICE that images of clogged sinks and toilets were taken from vacant units, while saying the facility was appropriately staffed and that depictions of "flooding" were simply detainees cleaning their living areas. The agency described the statements in the report as "egregious and defamatory."

"In a number of instances, it appears OIG has falsified or mischaracterized evidence, and has ignored facts presented to it in order to achieve preconceived conclusions," he wrote.

A spokesperson for CoreCivic, which operates the facility, also accused the DHS inspectors of acting "in a deeply unethical manner, including misrepresenting evidence to negatively portray the facility" and called for a review of the inspectors. 

However, controversy has continued to dog the facility, with the ACLU recently calling for the facility to be torn down entirely amid new allegations about safety and poor conditions.

In the latest report, the IG made 14 recommendations, from taking steps to increase staffing levels, ensuring repairs to provide cleaner and safer environments, updates to medical and dental care and the retention of video footage. Notably, ICE concurred with all 14 recommendations made by the Inspector General, noting steps that had already been taken to address those recommendations and work it was still doing. The IG also said that it regards some of the recommendations as resolved and closed. 

Yet ICE did not agree with the call to relocate detainees.

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"ICE leadership, however, continues to disagree with OIG’s previously reported overall conclusion that [the facility] does not provide detained noncitizens a safe, secure and humane environment and their recommendation that ICE immediately relocate all detained noncitizens from [Torrance].

"The facility completed a majority of the repairs to address conditions identified prior to the conclusion of the OIG’s inspection and the remaining repairs were completed by April 30, 2022," the response said. The agency also said it "remains committed to ensuring that detained noncitizens reside in safe, secure and humane environments, and under appropriate conditions of confinement."

CoreCivic, in a statement to Fox News Digital, said that it stood by its previous criticism of the IG as well as standing by the employees at the facility "who work hard every day to keep those in our care safe while providing for their needs as they progress through the civil immigration system." 

On staffing, it agreed with ICE's assessment that, with a 20% capacity and a staffing level of 66%, it has an appropriate staffing level for the population. It also expressed its commitment to providing detainees with legal counsel and court access, and said that the facility "has not received any complaints or grievances from detainees or attorneys about legal access issues."

It also echoed ICE's disagreement with the IG's conclusions about the lack of a safe environment and also the necessity to relocate detainees. On medical care, the company stressed its commitment to medical standards, and touted its recent accreditation from the National Commission on Correctional Health Care.

"All detainees have daily access to sign up for medical care, including mental health services. Our clinic is staffed with licensed, credentialed doctors, nurses and mental health professionals who contractually meet the highest standards of care," the statement said, while noting that ICE shared that assessment in its response.