AMERICAN CIVIL

LIBERTIES UNION
FOUNDATION

Florida
American Civil Liberties Union Foundation of Florida
4343 W. Flagler Street, Suite 400, Miami, FL 33134

January 24, 2022

Tae D. Johnson
Acting Director
U.S. Immigration and Customs Enforcement
500 12th Street SW
Washington, DC 20536

David S. Ferriero
Archivist of the United States
700 Pennsylvania Avenue NW
Washington, DC 20408

Re: Request for Prompt Remedial Action Regarding Ongoing Deletion of

Surveillance Video at ICE Detention Facility

Dear Mr. Johnson and Mr. Ferriero:

The American Civil Liberties Union of Florida (“ACLU of Florida”) and Citizens for
Responsibility and Ethics in Washington (“CREW”) respectfully request that you promptly take
action to address the ongoing deletion of surveillance video in violation of the Federal Records
Act (“FRA”) at Glades County Detention Center (“Glades”), a county jail in Moore Haven,
Florida, that detains immigrants under a contract with U.S. Immigration and Customs
Enforcement (“ICE”).

Both ICE and the National Archives and Records Administration (“NARA”) recognize
that surveillance video from ICE detention facilities such as Glades are federal records governed
by the FRA. And under NARA regulations, destroying federal records subject to retention
obligations arising from federal contracts, agency preservation directives, or pending public
records requests constitutes an “[u]nlawful . . . destruction” of records, which carries potential
criminal penalties for culpable officials. 1 Here, we have obtained evidence that Glades is deleting

1
36 C.F.R. § 1230.3(b).
January 24, 2022
Page 2

facility surveillance video every 90 days due to alleged resource limitations, despite an ICE
contractual requirement to retain the video for three years, a January 2021 ICE directive
instructing all Enforcement and Removal Operations (“ERO”) detention facilities “to retain all
video surveillance data . . . until further notice,” and pending public records requests seeking
surveillance video from 2020 and 2021. This evidence includes statements by Glades personnel
during a December 2021 discussion with the ACLU of Florida and a February 2021 email to ICE
officials obtained through a public records request. 2 ICE apparently has failed to report these
deletions to NARA as required by law.

The video being deleted may contain key evidence needed to vindicate the rights of
immigrants detained at Glades—a facility with conditions so inhumane that eight members of
Congress recently called on the Biden administration to “expeditiously . . . terminate [ICE’s]
contract with Glades County and close this facility.” 3 As long as Glades continues to detain
immigrants on behalf of the federal government at taxpayers’ expense, video documenting the
conditions there must be preserved in accordance with federal requirements and, indeed, may be
“necessary to protect the legal . . . rights . . . of persons directly affected by” the “activities” of
ICE and its contractors. 4

This episode is also emblematic of ICE’s broader failure to implement federal record
retention requirements at the more than 200 detention facilities it oversees nationwide. A recent
report by the Department of Homeland Security (“DHS”) Office of Inspector General (“OIG”)
confirmed this is an agencywide problem that may “prevent ICE, as well as external oversight
organizations, from investigating” cases of “abuse” at ERO detention facilities. 5 Yet there is no
indication ICE has taken immediate action to address the issue, despite its obligations to
“safeguard records created, processed, or in the possession of a contractor or a non-Federal
entity” and to “ensure that contractors performing Federal government agency functions create
and maintain records that document these activities” in compliance with federal law. 6

Accordingly, we respectfully request that ICE and, as necessary, NARA take the
following actions by March 10, 2022: (1) require Glades to preserve all surveillance video data
in compliance with federal law and retention requirements; (2) submit a report to NARA fully
describing the circumstances surrounding Glades’s deletion of surveillance video, per the
requirements set forth in 36 C.F.R. § 1230.14; (3) submit a request for the Attorney General to
initiate an enforcement action against Glades to recover any improperly deleted surveillance
video and ensure appropriate retention of surveillance video going forward; (4) commence
remedial action regarding any breach of Glades’s contractual obligations to ICE, including but
not limited to termination of ICE’s intergovernmental service agreement (“IGSA”) with Glades;
(5) issue records management guidance to all ICE ERO detention facilities to ensure the
2
See Exhibits 1, 2.
3
Letter from Congresswomen Debbie Wasserman Schultz and Seven Members of Congress to Secretary of
Homeland Security Alejandro Mayorkas, July 22, 2021,
https://static1.squarespace.com/static/5a33042eb078691c386e7bce/t/60f9b4f9ada0083784a9c028/1626977529997/
Glades+County+Detention+Letter+Signed.pdf
4
44 U.S.C. § 3101.
5
DHS OIG, ICE Needs to Improve its Oversight of Segregation Use in Detention Facilities, OIG-22-01, at 9, Oct.
13, 2021, https://www.oig.dhs.gov/sites/default/files/assets/2021-10/OIG-22-01-Oct21.pdf.
6
36 C.F.R. §§ 1222.32(a), (a)(1).
January 24, 2022
Page 3

facilities’ compliance with the FRA, its implementing regulations, and NARA guidance; and (6)
issue guidance to all ICE ERO field offices regarding ICE’s obligation to report any
unauthorized destruction of federal records to NARA pursuant to 36 C.F.R. § 1230.14.

I. Background

A. Glades’s Violent and Inhumane Treatment of Detained Immigrants

According to “[a]dvocacy, legal, and medical organizations across the country,” Glades
“has exhibited some of the most egregious cases of the systemic inhumanity that plagues the
migrant detention system.” 7 And conditions there have only worsened since the onset of the
COVID-19 pandemic, as documented in numerous civil rights complaints filed by immigrant
rights organizations with DHS’s Office of Civil Rights and Civil Liberties (“CRCL”) and the
OIG. For example:

● A February 2021 complaint described testimony from 25 individuals currently or

formerly detained at Glades detailing patterns of medical abuse; lack of soap, hygiene
products, sanitation, and PPE; transfers between facilities without appropriate quarantine
or medical screening; failures to follow court orders to release high-risk individuals;
retaliation for peaceful protest and public reporting; use of toxic chemical spray in
enclosed spaces; and hospitalizations and death related to COVID-19. 8 Additional CRCL
complaints filed since February indicate these “conditions at Glades have not
substantially improved.” 9

● An August 2021 complaint recounted pervasive abuse and mistreatment of immigrant

women detained at Glades, who reported being sprayed with a toxic chemical that poses a
risk of infertility and exacerbates the spread of COVID-19, sexual voyeurism by male
guards, unannounced entries in violation of Prison Rape Elimination Act abuse
prevention policies, sexually abusive behavior by medical staff, and other circumstances
“creating a hostile and unsafe environment for women detained” at the facility. 10

● An October 2021 complaint detailed a pattern of racialized violence against Black

immigrants detained at Glades, many of whom described being beaten, pepper sprayed,
and placed in solitary confinement. 11 The complaint noted “none of these cases have been
resolved” to date and, “in some cases, efforts to resolve them have resulted in retaliation
for those detained.” 12

7
Wasserman Schultz Letter, July 22, 2021.
8
Letter from Nine Organizations to OIG and CRCL, Feb. 22, 2021,
https://static1.squarespace.com/static/5a33042eb078691c386e7bce/t/6030470b9157b8648f066a43/1613776655453/
FFI_CRCL_Glades.pdf.
9
Wasserman Schultz Letter, July 22, 2021.
10
Letter from 23 Organizations to OIG and CRCL, Aug. 26, 2021,
https://static1.squarespace.com/static/5a33042eb078691c386e7bce/t/6127a66552e8b52e7b718445/1629988453454/
CRCL_Conditions+for+Women+at+Glades_8.26.2021-final.pdf.
11
Letter from 10 Organizations to OIG and CRCL, Oct. 25, 2021, https://aijustice.org/wp-
content/uploads/2021/10/crcl-complaint_glades-county-detention-center_10252021_redacted.pdf.
12
Id.
January 24, 2022
Page 4

Citing these ongoing “reports of alleged medical neglect, excessive use of force, and
other violations of human dignity,” eight members of Congress recently called on Secretary
Mayorkas to terminate ICE’s IGSA with Glades and close the facility. 13 At present, Glades’s
IGSA remains in effect and ICE continues to detain immigrants there.

B. Glades’s Ongoing Deletion of Surveillance Video

In the spring of 2021, Immigrant Action Alliance obtained documents through a public
records request—which it later shared with a group of organizations, including the ACLU of
Florida—indicating that Glades was deleting surveillance video every 90 days despite federal
contractual requirements and directives to retain the video for longer periods. 14

The documents include an email thread that begins with a January 29, 2021 memo from
ERO’s Acting Assistant Director for Field Operations to all ERO Field Office Directors and
Deputy Field Office Directors, with the subject “Reminder: Detention Facility Data Request.” 15
The memo noted NARA had requested ICE “detention facility video surveillance data” as part of
an “ICE retention policy working group.” 16 It continued: “In furtherance of NARA’s request and
the working group’s mission, AD Field Operations directs the AORs to notify all ERO detention
facilities[] that no later than Tuesday, February 2, 2021, they are to retain all video surveillance
data, as described in the December 2, 2020 Detention Facility Data Request broadcast[,] until
further notice.” 17

On February 1, 2021, the Deputy Field Office Director for ERO’s Miami Field Office
forwarded ERO’s January 29, 2021 preservation directive to several ICE officials, stating:
“Please see Tasking below requiring us to notify all ERO detention facilities, that no later than
Tuesday, February 2, 2021, they are to retain all video surveillance data in accordance with the
National Archives and Records Administration.” 18 The email included excerpts from ICE
detention facility contracts mandating facilities’ compliance with federal records management
statutes, regulations, and guidelines from NARA, and requiring preservation of all records
“related to contract performance . . . for three years.” 19

A contracting officer from ERO’s Miami Field Office forwarded the email thread to two
Glades officials, stating “Per the Field Office Director and ICE HQ I’m notifying you of the
below directive regarding video retention data as per [NARA]. We need to know as soon as
possible if your facility will have any issues in meeting this requirement.” 20 Glades Detention
Operations Commander Chad Schipansky responded as follows:

13
Wasserman Schultz Letter, July 22, 2021.
14
See Exhibit 1, Exhibit 2.
15
Exhibit 2.
16
Id.
17
Id.
18
Id.
19
Id.
20
Id.
January 24, 2022
Page 5

Just following up with you in reference to our conversation. We currently do not have
anything set up that would retain that much information for that long of a period of time.
Our capabilities are currently at 90 days retention of video records. In speaking with our
IT person that would require an enormous amount of added hard drives at an astronomical
cost. Some quick calculations would put the cost estimate at around 500 K. 21

On November 18, 2021, the ACLU of Florida submitted a public records request to the
Glades County Sheriff’s Office and a Freedom of Information Act (“FOIA”) request to ICE,
seeking Glades’s surveillance video footage from specified date ranges in 2020 and 2021. 22 To
date, neither Glades nor ICE have released the requested video footage or otherwise made
determinations on these requests. 23

On December 3, 2021, counsel from the ACLU of Florida appeared at Glades for a legal
visit and had a discussion with Commander Schipansky in the lobby while awaiting a meeting
with certain detained individuals. 24 Commander Schipansky stated unequivocally that Glades
only maintains surveillance video for 90 days. 25 He did not describe any efforts to preserve the
video for longer periods in accordance with the contractual requirement to preserve records
relating to contract performance for three years, ICE’s January 29, 2021 preservation directive,
or the ACLU of Florida’s pending public records and FOIA requests. 26

Despite being aware of this issue since at least February 2021, there is no indication that
ERO’s Miami Field Office has reported the matter to NARA or otherwise taken action to stop
Glades from prematurely deleting surveillance video. 27

C. ICE’s Broader Failure to Implement Federal Record Retention

Requirements at ERO Detention Facilities

The experience at Glades is emblematic of ICE’s broader failure to implement federal

record retention requirements at the more than 200 detention facilities it oversees nationwide. A
recent OIG report found that “ICE did not ensure detention facilities always complied with
[f]ederal records retention requirements” and, consequently, dozens of detention case files that
the OIG sought to review during its investigation “were destroyed before NARA’s minimum
retention requirements.” 28 Since the OIG’s findings were based on a mere “statistical sample” of
detention case files, they likely reflect only a small fraction of ICE facilities’ recordkeeping
failures. 29

21
Id.
22
Exhibits 3, 4.
23
Exhibit 1.
24
Id.
25
Id.
26
Id.
27
For instance, the matter does not appear in NARA’s list of “unauthorized disposition” cases for ICE. See NARA,
Unauthorized Disposition of Federal Records, ICE, https://www.archives.gov/records-
mgmt/resources/unauthorizeddispositionoffederalrecords#Homeland%20Security.
28
DHS OIG, ICE Needs to Improve its Oversight of Segregation Use in Detention Facilities, OIG-22-01, Oct. 13,
2021, https://www.oig.dhs.gov/sites/default/files/assets/2021-10/OIG-22-01-Oct21.pdf.
29
Id. at 7, 9, 14.
January 24, 2022
Page 6

The OIG stressed that without “clear record retention guidance” from ICE, facilities may
continue to “destroy detention files before NARA’s retention period ends” and thus impede
internal and external investigations of abuse at ICE facilities. 30 ICE concurred with the OIG’s
recommendations, but only committed to revising its records management policies and contract
requirements “by August 31, 2022.” 31

II. The Federal Records Act

The FRA requires federal agencies to “make and preserve records containing adequate
and proper documentation of the organization, functions, policies, decisions, procedures, and
essential transactions of the agency and designed to furnish the information necessary to protect
the legal and financial rights of the Government and of persons directly affected by the agency’s
activities.” 32 “To prevent the unlawful destruction or removal of records, the FRA creates a
‘system of administrative enforcement.’” 33 If an agency head becomes aware of “any actual,
impending, or threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or
other destruction of records in the custody of the agency,” the agency head “shall notify the
Archivist” and “with the assistance of the Archivist shall initiate action through the Attorney
General for the recovery” of those records. 34 If the agency head “does not initiate an action for
such recovery or other redress within a reasonable period of time after being notified of any such
unlawful action . . . or is participating in, or believed to be participating in any such unlawful
action, the Archivist shall request the Attorney General to initiate such an action, and shall notify
the Congress when such a request has been made.” 35

Under NARA regulations, “[u]nlawful or accidental destruction (also called unauthorized

destruction) means disposal of an unscheduled or permanent record; disposal prior to the end of
the NARA-approved retention period of a temporary record (other than court-ordered disposal
under § 1226.14(d) of this subchapter); and disposal of a record subject to a FOIA request,
litigation hold, or any other hold requirement to retain the records.” 36 “The penalties for the
unlawful or accidental removal, defacing, alteration, or destruction of Federal records or the
attempt to do so, include a fine, imprisonment, or both.” 37

NARA regulations also require agencies to ensure appropriate preservation of federal

records in the possession of contractors and other non-federal entities. 38 “Agency officials
responsible for administering contracts must safeguard records created, processed, or in the
possession of a contractor or a non-Federal entity by,” among other things, ensuring that (1)

30
Id. at 9.
31
Id. at 12, 17-18.
32
44 U.S.C. § 3101.
33
Am. Oversight v. U.S. Dep’t of Vet. Affs., 498 F. Supp. 3d 145, 148 (D.D.C. 2020) (quoting Armstrong v. Bush,
924 F.2d 282, 284 (D.C. Cir. 1991)).
34
44 U.S.C. § 3106(a); see also 36 C.F.R. § 1230.14 (detailing agencies’ obligations to report the unlawful
destruction of federal records to NARA).
35
Id. § 3106(b).
36
36 C.F.R. § 1230.3(b).
37
Id. § 1230.12 (citing 18 U.S.C. §§ 641, 2071).
38
See 36 C.F.R. § 1222.32 (“How do agencies manage records created or received by contractors?”).
January 24, 2022
Page 7

“contractors performing Federal government agency functions create and maintain records that
document these activities,” and (2) “[a]ll records created for Government use and delivered to, or
under the legal control of, the Government [are] . . . managed in accordance with Federal law,”
including the FRA and its implementing regulations. 39 NARA has issued standardized language
designed “to be included as an agency-specific term and condition in Federal contracts for a
variety of services and products” in order to provide “clear legal obligations describing how the
contract employees must handle Federal records.” 40

III. Request for Prompt Remedial Action

The above facts indicate ICE is presently in violation of its FRA obligations. As noted,
emails show that ICE has been aware since at least February 2021—nearly a year ago—that
Glades deletes surveillance video every 90 days and allegedly lacks capacity to store the video
for longer periods, and Glades personnel confirmed as much to the ACLU of Florida in
December 2021. By deleting the video on this timetable, Glades appears to be violating
preservation obligations arising from (1) an ICE contractual requirement to retain records
“related to contract performance . . . for three years,” (2) ICE’s January 29, 2021 directive “to
retain all video surveillance data . . . until further notice,” and (3) the ACLU of Florida’s pending
public records and FOIA requests.

Destroying federal records subject to such preservation directives and record requests
plainly constitutes an “[u]nlawful . . . destruction” of records under NARA regulations. 41 Yet
there is no indication that ICE has reported the matter to NARA as required by law, or otherwise
pursued remedial action against Glades. 42 Insofar as ICE has failed to take such action, it is in
violation of its mandatory duties under the FRA. And, in the face of ICE’s inaction, the FRA
requires the Archivist alone to initiate an enforcement action through the Attorney General. 43

Beyond the need for corrective action at Glades, this case underscores the need for
prompt guidance to all ICE detention facilities concerning federal contractors’ duties to
safeguard and preserve federal records in accordance with the FRA, its implementing
regulations, and NARA guidance. 44 Although ICE concurred with the OIG’s recent
recommendations to fix deficiencies in the agency’s recordkeeping practices, it only committed
to revising its records management policies and detention facility contracts by August 31, 2022,
several months from now. In the interim, a considerable volume of federal records at ICE
detention facilities across the country could be irretrievably destroyed in violation of the FRA.

39
Id. §§ 1222.32(a)(1), (a)(2); see also id. § 1222.32(b) (“All data created for Government use and delivered to, or
falling under the legal control of, the Government are Federal records subject to” the FRA and other statutes).
40
NARA, Records Management Language for Contracts, https://www.archives.gov/records-mgmt/policy/records-
mgmt-language.
41
36 C.F.R. § 1230.3(b).
42
See 44 U.S.C. § 3106; 36 C.F.R. § 1230.14.
43
See Judicial Watch, Inc. v. Kerry, 844 F.3d 952, 956 (D.C. Cir. 2016) (noting that the FRA “‘requires the agency
head and Archivist to take enforcement action’ through the Attorney General whenever they became aware of
records being unlawfully removed or destroyed,’” and the statute’s “mandatory enforcement provisions ‘leave no
discretion [for the agency] to determine which cases to pursue’”) (quoting Armstrong, 924 F.2d at 295).
44
See 36 C.F.R. § 1222.32; NARA, Records Management Language for Contracts,
https://www.archives.gov/records-mgmt/policy/records-mgmt-language.
January 24, 2022
Page 8

Immediate action is necessary to avoid this outcome, even if in the form of interim guidance
pending completion of ICE’s agreed-upon corrective action. This case further demonstrates the
need to notify all ICE ERO field offices of the agency’s obligation to report any unauthorized
destruction of federal records to NARA. 45

Accordingly, we respectfully request that ICE and, as necessary, NARA take the
following actions by no later than March 10, 2022:

1. Require Glades to preserve all surveillance video data in compliance with federal
law and retention requirements;

2. Submit a report to NARA fully describing the circumstances surrounding

Glades’s deletion of surveillance video, per the requirements set forth in 36
C.F.R. § 1230.14;

3. Request that the Attorney General initiate an enforcement action against Glades to
recover any improperly deleted surveillance video and ensure appropriate
retention of surveillance video going forward;

4. Commence remedial action regarding any breach of Glades’s contractual

obligations to ICE, including but not limited to termination of ICE’s IGSA with
Glades;

5. Issue records management guidance to all ICE ERO detention facilities to ensure
the facilities’ compliance with the FRA, its implementing regulations, and NARA
guidance; and

6. Issue guidance to all ICE ERO field offices regarding ICE’s obligation to report
any unauthorized destruction of federal records to NARA pursuant to 36 C.F.R. §
1230.14.

We respectfully request a response to this letter by March 10, 2022, confirming whether
you have taken these steps. Because of the ongoing risk that Glades will continue to improperly
delete surveillance video, we will be forced to pursue legal action and injunctive relief absent
timely assurances that adequate preservation measures have been implemented. 46

Please direct any communications about this matter to Nikhel Sus at

nsus@citizensforethics.org.

45
See 36 C.F.R. § 1230.14.
See CREW v. DHS, 527 F. Supp. 2d 101, 112 n.15 (D.D.C. 2007) (courts in FRA actions may “temporarily[] order
46

an agency to preserve records until the Archivist is able to ensure that federal records are not destroyed”); accord
Armstrong v. Executive Office of President, 810 F. Supp. 335, 349 (D.D.C.1993), aff’d, 1 F.3d 1274, 1288 n.12
(D.C. Cir. 1993); Armstrong v. Bush, 807 F. Supp. 816, 820-23 (D.D.C. 1992); Green v. NARA, 992 F. Supp. 811,
816 (E.D. Va. 1998).
January 24, 2022
Page 9

Sincerely,

Nikhel S. Sus
Senior Counsel
Citizens for Responsibility and Ethics in
Washington

Katherine H. Blankenship
Deputy Legal Director
ACLU of Florida

CC: Alejandro Mayorkas

Secretary, Department of Homeland Security

Daniel Tucker
Chief Records Officer, ICE

Laurence Brewer
Chief Records Officer, NARA

Gary Stern
General Counsel, NARA

Joseph Cuffari
Inspector General, Department of Homeland Security

Attachments:

Exhibit 1 – January 19, 2022 Declaration of Katherine H. Blankenship

Exhibit 2 – February 1, 2021 Email Thread with ICE and Glades Officials

Exhibit 3 – November 18, 2021 ACLU of Florida Public Records Request to Glades

Exhibit 4 – November 18, 2021 ACLU of Florida FOIA Request to ICE

Exhibit 1
Exhibit 2
From: Chad Schipansky
To: Cuellar, Camilo; Duane Pottorff
Cc: Davidson, Jason A; Liana Castano
Subject: RE: Reminder: Detention Facility Data Request [FOD]
Date: Monday, February 1, 2021 1:13:53 PM
Attachments: image001.png
image002.png

Camilo,
 
Just following up with you in reference to our conversation.  We currently do
not have anything set up that would retain that much information for that long
of a period of time. Our capabilities are currently at 90 days retention of video
records.  In speaking with our IT person that would require and enormous
amount of added hard drives at an astronomical cost.  Some quick calculations
would put the cost estimate at around 500 K.
 
If there is anything else I can help you with please contact me.
 
 
C. Schipansky
Detention Operations Commander
Glades County Sheriff’s Office
P.O Box 39
Moore Haven Florida 33471
Office: (863) 946 -1600 X2206
Cell: (863) 885-4717
Fax: (863) 946- 0845 
 
“In pursuing perfection you attain excellence”
 
From: Cuellar, Camilo <Camilo.Cuellar@ice.dhs.gov>
Sent: Monday, February 1, 2021 11:36 AM
To: Chad Schipansky <cschipansky@gladessheriff.org>; Duane Pottorff
<DPottorff@gladessheriff.org>
Cc: Davidson, Jason A <Jason.A.Davidson@ice.dhs.gov>; Liana Castano
<Liana.J.Castano@ice.dhs.gov>
Subject: FW: Reminder: Detention Facility Data Request [FOD]
Importance: High
 
Good Gentlemen,
 
Per the Field Office Director and ICE HQ I’m notifying you of the below directive regarding video
retention data as per National Archives and Records Administration (NARA).  We need to know as
soon as possible if your facility will have any issues in meeting this requirement.
 
Very respectfully,
 

Camilo Cuellar
Contracting Officer Representative
Miami Field Office
Enforcement and Removal Operations
U.S. Immigration and Customs Enforcement
786-295-7617
 
From: Castano, Liana J <Liana.J.Castano@ice.dhs.gov>
Sent: Monday, February 1, 2021 11:00 AM
To: Davidson, Jason A <Jason.A.Davidson@ice.dhs.gov>; Cuellar, Camilo
<Camilo.Cuellar@ice.dhs.gov>
Cc: Sattler, Kevin R <Kevin.R.Sattler@ice.dhs.gov>; Swartz, Paul J <Paul.J.Swartz@ice.dhs.gov>
Subject: FW: Reminder: Detention Facility Data Request [FOD]
Importance: High
 
Please see below. Send out the notification to AGS and Glades.
 
Notify DFOD Martin once completed.
 
 
B. Records
All records related to contract performance shall be retained in a retrievable format for three years
 
From: Martin, Jim <Jim.Martin@ice.dhs.gov>
Sent: Monday, February 1, 2021 10:25 AM
To: Castano, Liana J <Liana.J.Castano@ice.dhs.gov>; Lopez-Vega, Juan A <Juan.A.Lopez-
Vega@ice.dhs.gov>; Mikelson, Joel <Joel.Mikelson@ice.dhs.gov>; Smith, Cardell C
<Cardell.C.Smith@ice.dhs.gov>; Decker, Thomas B <Thomas.B.Decker@ice.dhs.gov>
Cc: Ripa, Garrett J <Garrett.J.Ripa@ice.dhs.gov>; Meade, Michael W
<Michael.W.Meade@ice.dhs.gov>
Subject: FW: Reminder: Detention Facility Data Request [FOD]
 
All,
 
Please see Tasking below requiring us to notify all ERO detention facilities, that no later than
Tuesday, February 2, 2021, they are to retain all video surveillance data in accordance with the
National Archives and Records Administration.
 
If any of your facilities have issues in compliance, please let me know as soon as possible.
 
Please let me know when notification is made (NLT tomorrow 2/2/2021).
 

C. Records Management
 
The Service Provider shall comply with all statutes, regulations, and guidelines from the National
Archives and Records Administration. Records and information management functions are required
and mandated by the following laws and regulations:  Chapters 21, 29, 31, and 33 of Title 44, United
States Code; 36 CFR 12; 41 CFR 201 subchapters A and B; OMB Circular A-l30; and DO] Order
271 O.8A, Removal and Maintenance of Documents.  Criminal penalties for unlawfully destroying,
damaging, removing, or improperly handling or releasing federal records are addressed in Chapters
37 and 101 of Title 18, United States Code.
 
 
CDF PWS language:
 
B. Records
All records related to contract performance shall be retained in a retrievable format for three years.
Except as otherwise expressly provided in this PWS, the Contractor shall, upon completion or
termination of the resulting contract, transmit to the Government any records related to performance
of the contract, in a format acceptable to the CO and COR.
 
The Contractor shall comply with all statutes, regulations, and guidelines from the National
Archives and Records Administration. Records and information management functions are
required and mandated by the following laws and regulations: Chapters 21, 29, 31, and 33 of
Title 44, United States Code; 36 CFR 12; 41 CFR 201 subchapters A and B; OMB Circular A-
130; and DOJ Order 2710.8A, Removal and Maintenance of Documents. Criminal penalties for
unlawfully destroying, damaging, removing, or improperly handling or releasing federal records
are addressed in Chapters 37 and 101 of Title 18, United States Code.
 
 
 
Jim Martin
Deputy Field Office Director
Miami Field Office
Enforcement and Removal Operations
U.S. Immigration and Customs Enforcement
d: 954-236-4900
 
From: ERO Assistant Directors <EROAssistantDirectors@ice.dhs.gov>
Sent: Friday, January 29, 2021 11:02 AM
Subject: Reminder: Detention Facility Data Request [FOD]
 
 
To: Field Office Directors and Deputy Field Office Directors
 
Subject: Reminder: Detention Facility Data Request
 
In a broadcast message sent on December 2, 2020 Detention Facility Data Request, AD for Field
Operations asked all AORs to provide detention facility video surveillance data in accordance with a
request by the National Archives and Records Administration (NARA). The purpose of this request
was to provide information to an ICE retention policy working group.
 
In furtherance of NARA’s request and the working group’s mission, AD Field Operations directs the
AORs to notify all ERO detention facilities, that no later than Tuesday, February 2, 2021, they are to
retain all video surveillance data, as described in the December 2, 2020 Detention Facility Data
Request broadcast until further notice.
 
Please contact Deputy Assistant Director Jesse Williams Jess.J.WilliamsII@ice.dhs.gov with any
questions.
 
Robert Guadian
Acting Assistant Director
Field Operations
Enforcement and Removal Operations
U.S. Immigration and Customs Enforcement
 
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