“DHS has a zero tolerance policy for sexual abuse
and assault in detention facilities,” said Secretary Napolitano. “The
standards we have put forth today will further enhance our ability to
protect the health and safety of individuals in
DHS confinement facilities.
On May 17, 2012, President Obama issued a
Presidential Memorandum directing Federal agencies with confinement
facilities to issue regulations or procedures to satisfy the
requirements of PREA. That same day, the Department of Justice (DOJ)
announced its final rule to prevent, detect, and respond to sexual
abuse in confinement facilities, in accordance with PREA. DHS also
announced that day that it would undertake its own rulemaking to apply
PREA to immigrant confinement facilities, building
upon the zero tolerance policy for sexual assault and abuse in
confinement facilities that DHS previously adopted.
Today, following consultation with our Federal,
State, and local partners and with input from the public and
stakeholders, DHS has proposed standards for DHS immigration detention
and holding facilities for the detection, prevention, and
reduction of sexual abuse to protect the health and safety of
individuals in DHS confinement facilities.
The proposed standards will achieve the three goals
of prevention, detection, and response to sexual abuse and assault in
confinement facilities by requiring: prevention planning; prompt and
coordinated response and intervention; training
and education of staff, contractors, volunteers, and detainees;
appropriate treatment for victims; procedures for investigation,
discipline, and prosecution of perpetrators; data collection and review
for corrective action; and audits for compliance with the
standards. In addition, the standards require regular audits of each
immigration detention facility and each holding facility that houses
detainees overnight to assess compliance with the proposed standards.
DHS encourages the public to submit formal input on the proposed rule through
www.regulations.gov during the open comment period.
The Presidential Memorandum is available at
www.whitehouse.gov/the-press-office/2012/05/17/presidential-memorandum-implementing-prison-rape-elimination-act.
For more information, visit www.dhs.gov.
