{"id":7341,"date":"2023-02-03T07:00:33","date_gmt":"2023-02-03T15:00:33","guid":{"rendered":"https:\/\/jsis.washington.edu\/humanrights\/?p=7341"},"modified":"2026-05-04T10:02:22","modified_gmt":"2026-05-04T17:02:22","slug":"nwdc-conditions-research-update-three-years-of-cleanliness-concerns-no-consequences","status":"publish","type":"post","link":"https:\/\/jsis.washington.edu\/humanrights\/2023\/02\/03\/nwdc-conditions-research-update-three-years-of-cleanliness-concerns-no-consequences\/","title":{"rendered":"NWDC Conditions Research Update: Three Years of Cleanliness Concerns, No Consequences"},"content":{"rendered":"
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This report is part of a series regarding Human Rights Conditions at the Northwest Detention Center<\/strong><\/a> in Tacoma, Washington, based on ongoing research efforts and released to highlight initial findings in the urgent context of the COVID-19 pandemic.<\/p>\n

Contents:<\/strong><\/p>\n

\u2022 Introduction<\/a>
\n\u2022 Background, Methodology, and Human Rights Standards<\/a>
\n\u2022 Sanitation of Food and Laundry<\/a>
\n\u2022 Allegations of Medical Neglect<\/a>
\n\u2022 Use of Solitary Confinement<\/a>
\n\u2022 COVID-19 and Health Standards<\/a>
\n\u2022 Reporting of Sexual Assault and Abuse<\/a>
\n\u2022 Uses of Force and Chemical Agents<\/a>
\n<\/strong>\u2022 Patterns of Neglect in TPD Response to Abuse and Assault<\/a>
\n\u2022\u00a0NWDC’s Unenforced Contract<\/a>
\n\u2022 ICE Lowers Standards, Documents Reveal Gaps in Accountability for Sexual Abuse<\/a>
\n\u2022 Research Update: Three Years of Cleanliness Concerns, No Consequences<\/strong>
\n\u2022 Research Update: Charles Leo Daniel\u2019s Death at NWDC in Context<\/a>
\n\u2022 Research Update: Ongoing Concern for TPD Response to Crimes in Immigration Detention
\n<\/a><\/p>\n<\/blockquote>\n

\u2190 Previous section: ICE Lowers Standards, Documents Reveal Gaps in Accountability for Sexual Abuse<\/strong><\/a><\/h3>\n
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Download the PDF<\/a><\/span><\/p>\n<\/div>\n

Three Years of Cleanliness Concerns, No Consequences<\/h1>\n

Executive Summary<\/em><\/h3>\n

Documents provided to UWCHR under FOIA reveal that despite voicing concerns about cleanliness at the NWDC multiple times over the course of three years, ICE chose never to sanction GEO for failing to comply with its contract to operate the Northwest Detention Center.<\/p>\n

This, cross-referenced with other ICE and GEO documents UWCHR has reviewed, reveal that despite receiving credible information about conditions at the facility that threatened the health and well-being of those detained, and despite the complaints of its own employees, ICE repeatedly failed to invoke its contract enforcement mechanisms to force GEO to comply with basic cleanliness standards. Records show the situation persisted for three years and resulted in what ICE employees deemed an unsafe working environment. If ICE\u2019s employees felt unsafe, it is unsurprising that the people forced to live in that environment have repeatedly expressed grave concern.<\/p>\n

<\/h2>\n

Introduction<\/h2>\n

In recent years, concerns about conditions at ICE\u2019s Northwest Detention Center[1]<\/sup><\/a> in Tacoma have mounted among many local community members[2]<\/sup><\/a> and their elected representatives in city[3]<\/sup><\/a>, state, and federal[4]<\/sup><\/a> government. Federal and state courts have adjudicated cases stemming from alleged abuses, and the Washington state legislature has passed two significant laws, HB 2596 (2020) calling for a study to examine the feasibility of local government exercising oversight of health and safety at the facility[5]<\/sup><\/a>, and HB 1090 (2021) mandating the closure of private detention centers including the NWDC[6]<\/sup><\/a>.<\/p>\n

In this context, in fulfillment of our mandate to inform the public as well as policymakers on issues of human rights concern, including immigrant rights in our state, the UWCHR launched a multi-part investigation of human rights concerns at the facility in 2020.[7]<\/sup><\/a> Past reports have examined sanitation of food and laundry;[8]<\/sup><\/a> allegations of medical neglect;[9]<\/sup><\/a> use of solitary confinement;[10]<\/sup><\/a> COVID-19 and health standards;[11]<\/sup><\/a> and reporting of sexual assault and abuse.[12]<\/sup><\/a> This research continues to date.<\/p>\n

Among other things, UWCHR researchers are currently examining the enforcement of conditions in ICE\u2019s contract with the GEO Group, Inc. governing operations at the facility.[13]<\/sup><\/a> This is an important area of inquiry because right now, the only existing mechanisms short of litigation to ensure that conditions at the NWDC comply with minimum human rights standards are those contained in the contract. Understanding to what extent the contract\u2019s enforcement mechanisms provide meaningful guarantees is therefore an urgent human rights question \u2013\u00a0 and one on which the present research update is intended to provide time-sensitive insights, while we work towards the production of a more comprehensive analysis of contract enforcement more generally.<\/p>\n

<\/h2>\n

Existing enforcement mechanisms under the contract<\/h2>\n

Although contract # HSCEDM-15-D-00015 between ICE and GEO references multiple mechanisms relevant to contract enforcement, the Contract Discrepancy Report and invoice deduction system outlined in the Performance Work Statement drafted by ICE remain the primary enforcement mechanism.[14]<\/sup><\/a> The \u201cdiscrepancies\u201d in question are those between GEO\u2019s actions at the NWDC and the standards set out in the Performance-Based National Detention System (PBNDS), last revised in 2016.[15]<\/sup><\/a> In addition to being enumerated in the published PBNDS, these same standards are duplicated in ICE\u2019s Quality Assurance Surveillance Plan and each contractor\u2019s Quality Control Plan. These plans require a process for ensuring that these standards are enforced, and this process mandates the production of certain types of records. These include Contract Discrepancy Reports, which are created by ICE officers charged with overseeing the contract \u2013 known as Contracting Officers (COs) or Contracting Officers\u2019 Technical Representatives (COTRs) \u2013 when attempts to address the concern by speaking directly to the contractor fail to resolve matters. In some cases, Contract Discrepancy Reports that are not satisfactorily addressed by contractors can result in ICE withholding a portion of the contractor\u2019s pay as a consequence. The threat of withheld pay is the principal incentive for compliance.<\/p>\n

As part of our effort to gauge the extent to which these mechanisms are being effectively used, UWCHR has filed FOIA requests for all of these types of documents, some of which remain pending[16]<\/sup><\/a>. In September 2022, UWCHR brought suit against ICE in federal district court in for failure to comply with the requirements of federal transparency law (FOIA), including in its response to these requests. In response to this lawsuit, and as part of a settlement agreement still under negotiation at the time of this writing, ICE provided 78 pages of Contract Discrepancy Forms to UWCHR in December 2022. This report update is drawn from our researchers\u2019 analysis of those forms.<\/p>\n

<\/h2>\n

Findings<\/h2>\n

On November 15, 2019, ICE\u2019s Contracting Officer Representative, or person charged with overseeing the NWDC contract, issued a Contract Discrepancy Report<\/a> noting that GEO\u2019s failure to carry out the janitorial services required under its contract with ICE had resulted in \u201cunsanitary working conditions\u201d for ICE personnel at the NWDC. \u201cThe unsanitary working conditions have been reported directly to the Contractor countless times from all government-occupied components within the facility,\u201d the COR noted, adding that concerns included \u201ctrash not being dumped, bathrooms not being cleaned… supplies such as hand soap, paper towels and toilet paper not being provided.\u201d[17]<\/sup><\/a> Appended to the report were a series of emails and photographs documenting maintenance failings over the span of 3 years, including at least 11 written expressions of concern from ICE personnel about the lack of cleanliness in the medical unit and at least 3 such statements regarding the lack of daily janitorial services more broadly.<\/p>\n

Below is a typical example of such complaints:<\/p>\n

\"\"<\/p>\n

2019 email exchange referencing unsanitary conditions at the NWDC nursing station.<\/span><\/p>\n<\/div>\n

Two of the complaints reference upcoming inspections \u2013 revealing that these are scheduled in advance, affording GEO and ICE opportunity to ensure things look good before inspectors arrive. Below is one example:<\/p>\n

\"\"<\/p>\n

2019 email exchange referencing the lack of sanitary conditions prior to an upcoming inspection.<\/span><\/p>\n<\/div>\n

Lastly, in the below example one of ICE\u2019s attorneys threatens to contact the health department \u201cif you think that will get GEO to provide the required janitorial services, that I am guessing are part of our contract.\u201d<\/p>\n

The suggestion that ICE could contact local government officials to ensure GEO\u2019s compliance is interesting, given that Tacoma-Pierce County Health Department officials have repeatedly insisted that health conditions at the facility are not their responsibility[18]<\/sup><\/a>.<\/p>\n

\"\"<\/p>\n

2018 email citing sanitation issues at the NWDC an ongoing issue and in breach of ICE contract.<\/span><\/p>\n<\/div>\n

It is noteworthy that none of ICE\u2019s complaints reference the living or dining quarters occupied by detained people, or the consequences to the health of those receiving care in the unsanitary medical clinic, despite this being a well-documented concern of those detained[19]<\/sup><\/a>.<\/p>\n

The Contract Discrepancy Report concludes with an implicit threat to dock 20 percent of the monthly amount paid to GEO by ICE until the situation is addressed, although there is no indication that this threat was carried out. Indeed, under the terms of ICE\u2019s contract with GEO, while ICE encourages contract officers and companies to resolve complaints informally, without recurring to a Contract Discrepancy Report[20]<\/sup><\/a>, once such a report is filed it should trigger an immediate response, including investigation and corrective action plan by GEO. UWCHR requested these documents \u201cas returned by the Contractor with notations indicating the correctional action taken or planned,\u201d but in this case, no such notation exists, nor was any correctional action plan provided in response to the Contract Discrepancy Report. Despite these apparent failures to respond, there was also no proposal to actually withhold payment to GEO. It is unclear, from these documents, whether the cleanliness problem was rectified or not, but it is evident that despite its persistence for three years, GEO was never sanctioned under the terms of the contract.<\/p>\n

 <\/p>\n

Implications<\/h2>\n

When cross-referenced against other documents requested and reviewed in UWCHR\u2019s research on conditions at the NWDC, this evidence of non-enforcement becomes more worrisome. This cross-referencing shows that in 2019-2020, ICE chose to do nothing despite having credible reports from outside sources of conduct violating its standards at the NWDC \u2013 even in cases where those standards stem from federal law.<\/p>\n

For example:<\/p>\n