Lyon v. ICE, CA, Settlement, class action telephone access, 2016

Type: Settlements • June 13, 2016 • Locations: United States of America -> California • Topics: Civil Procedure -> Class Certification, International -> Immigration, Telephones -> Telephone Access, Telephones -> Attorney Calls

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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AUDLEY BARRINGTON LYON, JR., JOSÉ ) Case No. 3:13-cv-05878-EMC
ELIZANDRO ASTORGA-CERVANTES, and )
NANCY NERIA-GARCIA , on behalf of
)
themselves and all others similarly situated, )
)
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Plaintiffs,
)
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v.
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UNITED STATES IMMIGRATION AND
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CUSTOMS ENFORCEMENT; SARAH
SALDAÑA, Director of U.S. Immigration and )
)
Customs Enforcement; UNITED STATES
DEPARTMENT OF HOMELAND
)
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SECURITY; JEH JOHNSON, Secretary of
Homeland Security; and ADRIAN MACIAS, )
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Acting Director of the San Francisco Field
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Office of U.S. Immigration and Customs
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Enforcement.
)
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Defendants.

SETTLEMENT AGREEMENT AND RELEASE

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Plaintiffs in the above-captioned matter, on behalf of themselves and all Class Members, and
Defendants U.S. Immigration and Customs Enforcement (“ICE”); Sarah Saldaña, in her official
capacity as Director of U.S. Immigration and Customs Enforcement; United States Department
of Homeland Security; Jeh Johnson, in his official capacity as Secretary of Homeland Security;
and Adrian Macias, in his official capacity as Acting Director of the San Francisco Field Office
of U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations; by and

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Sarah Saldaña, Director, ICE, is substituted under Federal Rule of Civil Procedure 25(d) for
Acting Director John Sandweg, who was originally named as an official-capacity Defendant in
this Action. Adrian Macias, Acting Field Office Director, is substituted under Federal Rule of
Civil Procedure 25(d) for former Field Office Director Timothy Aitken, who was originally
named as an official-capacity Defendant in this Action.
Settlement Agreement and Release-1

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through their attorneys, hereby enter into this Settlement Agreement and Release (“Agreement”),
as of the date it is executed by all parties hereto (the “Agreement Date”) and effective upon
approval of the Court pursuant to Rule 23 of the Federal Rules of Civil Procedure as set forth
below.
WHEREAS:

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A. On December 19, 2013, Plaintiffs commenced a civil action against Defendants on behalf
of themselves and all others similarly situated, captioned Lyon et al. v. U.S. Immigration
and Customs Enforcement, et al., United States District Court for the Northern District of
California Case No. 3:13-cv-05878-EMC (the “Action”) and sought class certification,
designation of Class Counsel, and declaratory and injunctive relief.

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B. On April 16, 2014, the United States District Court for the Northern District of California
(the “Court”) certified the proposed class under Federal Rule of Civil Procedure 23(b)(2).
The Court defined the certified class as: “All current and future immigration detainees
who are or will be held by ICE in Contra Costa, Sacramento, and Yuba Counties.”
C. Plaintiffs moved to amend the class certification order and class definition on June 11,
2015, and the Court granted Plaintiffs’ motion and modified the definition of the certified
class on July 27, 2015. The Court endorsed the modified class definition pleaded in
Plaintiffs’ Supplemental Complaint: “All current and future adult immigration detainees
who are or will be held by ICE in Contra Costa County, Kern County, Sacramento
County, or Yuba County.”
D. Defendants deny all liability with respect to the Action, deny that they have engaged in
any wrongdoing, deny the allegations in the Complaint, deny that they committed any
violation of law, deny that they acted improperly in any way, and deny liability of any
kind to the Plaintiffs or Class Members, but have agreed to the settlement and dismissal
of the Action with prejudice in order to: (i) avoid the substantial expense, inconvenience,
and distraction of further protracted litigation, including trial and appeal; and (ii) finally
put to rest and terminate the Action and any and all Settled Claims as defined in Section
I.G.
E. Both Plaintiffs and Defendants, through counsel, have conducted discussions and arm’s
length negotiations regarding a compromise and settlement of the Action with a view to
settling all matters in dispute.

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F. Considering the benefits that the Plaintiffs and Class Members will receive from
settlement of the Action and the risks of litigation, Class Counsel have concluded that the
terms and conditions of this Agreement are fair, reasonable, and in the best interests of
the Plaintiffs and Class Members; Plaintiffs have agreed that Defendants shall be released
from the Settled Claims pursuant to the terms and provisions of this Agreement; and have
agreed to the dismissal with prejudice of this Action and all Settled Claims as defined in
Section I.G.

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NOW, THEREFORE, it is hereby STIPULATED AND AGREED, by and among the parties to
this Agreement, through their respective attorneys, subject to the approval of the Court pursuant
to Rule 23(e) of the Federal Rules of Civil Procedure, in consideration of the benefits flowing to
the parties hereto from the Agreement, that the Settled Claims shall be compromised, settled,
forever released, barred, and dismissed with prejudice, upon and subject to the following terms
and conditions:

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DEFINITIONS:

Wherever used in this Agreement, the following terms have the meanings set forth below:
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“Action” means the civil action captioned Lyon et al. v. U.S. Immigration and
Customs Enforcement, et al., Case No. 3:13-cv-05878-EMC, United States District
Court for the Northern District of California.

“Effective Date of Settlement” or “Effective Date” means the date upon which this
Agreement shall become effective, as set forth in Section VIII, below.

“Plaintiffs” means Audley Barrington Lyon, Jr., José Elizandro Astorga-Cervantes,
and Nancy Neria-Garcia.

“Class Member(s)” means any current or future adult immigration detainee who,
during the period of this Agreement, is or will be held by ICE in Contra Costa
County, Kern County, Sacramento County, or Yuba County.

“Plaintiffs’ Counsel” or “Class Counsel” means Julia Harumi Mass, Angélica
Salceda, Christine Sun, and Michael Risher of the American Civil Liberties Union
(“ACLU”) of Northern California; Carl Takei of the ACLU National Prison
Project; Robert Varian, Charles Ha, and Alexis Yee-Garcia of Orrick, Herrington &
Sutcliffe LLP; and Megan Sallomi and Marc Van Der Hout of Van Der Hout,
Brigagliano & Nightingale, LLP. Should these entities change their names or
merge with other entities, those new entities shall also qualify as Class Counsel.

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Settlement Agreement and Release-3

“Defendants” means United States Immigration and Customs Enforcement
(“ICE”); Sara Saldaña, in her official capacity as Director of ICE; United States
Department of Homeland Security; Jeh Johnson, in his official capacity as
Secretary of Homeland Security; and Adrian Macias, in his official capacity as
Director of the San Francisco Field Office of ICE, their predecessors and
successors, their departments and agencies, and their past or present agents,
employees, and contractors.

“Settled Claims” means all claims for declaratory or injunctive relief that were
brought on behalf of Class Members based on the facts and circumstances alleged
in the Complaint and First Supplemental Complaint including but not limited to
claims that the telephone access afforded Class Members while in ICE custody
violated Class Members’ statutory rights and privileges under the Immigration and
Nationality Act, 8 U.S.C. § 1101 et seq., including access to counsel and their right
to present evidence in certain immigration proceedings; their rights to due process
under the Fifth Amendment to the U.S. Constitution; and their rights to petition the
government for redress of grievances under the First Amendment to the U.S.
Constitution.

“Settlement” means the settlement provided for in this Agreement.

“Contra Costa” means West County Detention Facility in Contra Costa County,
California.

“Yuba” means Yuba County Jail in Yuba County, California.

“RCCC” means Rio Cosumnes Correctional Center in Sacramento County,
California.

“Mesa Verde” means Mesa Verde Detention Facility in Kern County, California.

“Facilities” means Contra Costa, Yuba, RCCC, and Mesa Verde.

“Housing Unit Phones” means the telephones located in or near housing units at the
Facilities that Class Members may utilize for both Legal Calls and other telephone
calls.

“Phone Rooms” means the telephone-equipped enclosed rooms at Yuba, Contra
Costa, and Mesa Verde and the enclosed space ICE will add at RCCC to provide
free, direct, and non-monitored telephones for the Plaintiff Class.

“Legal Calls” means calls to attorneys and calls to third parties to facilitate the
gathering of evidence and obtaining legal advice and representation related to the
class member’s immigration case. Such third parties include but are not limited to:
government agencies, courts, employers, businesses, organizations, and friends and

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Settlement Agreement and Release-4

family members who may be testifying as witnesses, writing letters of support,
and/or assisting the class member to find an attorney or obtain evidence.

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“Attorney Legal Call” means a Legal Call to an attorney regarding prospective,
current, or past representation or for legal consultation. An Attorney Legal Call
shall not require the attorney to have a G-28 on file for the detainee.

“Non-Attorney Legal Call” means any Legal Call other than an Attorney Legal
Call.

“Positive Acceptance” means the requirement that for a telephone call to connect,
the recipient must listen to a recorded message and take an affirmative step,
typically pressing a particular key, to accept the call.

“Attorneys Performing Pro Bono Work” means any attorney who performs pro
bono work as a part of their practice, and not just attorneys who exclusively
perform pro bono work.

“Government Agencies and Offices” means federal, state, or local governmental
agencies and offices that may facilitate the gathering of evidence for immigrationrelated proceedings and includes the following types of entities: California state
courts, U.S. District Courts in California, the Ninth Circuit Court of Appeals,
Federal and State Public Defender offices in California, major California Police,
Sheriff, District Attorney, and Probation Departments, and northern California
rehabilitation programs.

“Indigent Class Members” means Class Members who have had $15 or less on
their commissary accounts for the previous ten days.

“Lockdown” means a restriction to cells or bunks during waking hours in response
to a specific security incident; it does not include routine “free time” limitations at
Contra Costa.

“Free Call” and “Free Calling” mean calls and calling where the call takes place at
no cost to the caller and the recipient.

“ICE DTS Provider Pro Bono Platform” means the Pro Bono Platform provided by
ICE’s Detainee Telephone Service (“DTS”) Provider pursuant to a contract
between ICE and the ICE DTS Provider. The current ICE DTS Provider is Talton
Communications, Inc.

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II.

RELEASE: SCOPE AND EFFECT OF RELEASE
A.

As of the Effective Date, the Plaintiffs and the Class Members, on behalf of
themselves, their heirs, executors, administrators, representatives, attorneys,
successors, assigns, agents, affiliates, and partners, and any persons they represent,

Settlement Agreement and Release-5

by operation of any final judgment entered by the Court, fully, finally, and forever
release, relinquish, and discharge the Defendants of and from any and all of the
Settled Claims. The foregoing release includes all claims for injunctive or
declaratory relief, whether known or unknown, that could have been brought on
behalf of Class Members at any time prior to the Effective Date. This Release shall
not apply to claims that arise or accrue after the termination of this Agreement.

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III.

Defendants agree and acknowledge that this Agreement, and specifically this
release, shall not impact any individual Class Member’s (other than the named
Plaintiffs’) ability to bring a claim for monetary damages in his or her individual
capacity arising from or related to injury suffered as a result of limitations or denial
of telephone access while in ICE custody. Defendants also agree and acknowledge
that this Agreement, and specifically this release, shall not impact any individual
Class Member’s (other than the named Plaintiffs’) ability to argue (whether on a
Petition for Review, motion to reopen, or other appeal, application, request for
review of petition to modify such class member’s order of removal or other
immigration order) that limitations on telephone access in ICE custody affected
such individual Class Member’s immigration proceedings.

TELEPHONE ACCESS IN THE FACILITIES
A.

Adding Free and Private Numbers to Housing Unit Phones
1. At Contra Costa, Yuba, and RCCC, the telephone numbers for certain
Government Agencies and Offices and Attorneys Performing Pro Bono Work
(as further identified in Paragraphs A.4 and A.5 below) shall be added to Free
Call telephone platforms that enable Class Members to make Free Calls to
these numbers from Housing Unit Phones without Positive Acceptance and
without being recorded or monitored.

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2. At Mesa Verde, the telephone numbers for certain Government Agencies and
Offices and Attorneys Performing Pro Bono Work (as further identified in
Paragraphs A.4 and A.5 below) shall be added to a database of telephone
numbers that shall connect from the Mesa Verde Housing Unit Phones
without Positive Acceptance and without being recorded or monitored. If
technologically feasible, such numbers will also be Free Calls from the Mesa
Verde Housing Unit Phones.

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3. In addition to the Free Call platforms described in paragraphs A.1 and A.2,
each of the Facilities shall enable Housing Unit Phones to make paid calls to
attorney telephone numbers without Positive Acceptance and without being
recorded or monitored. The attorney numbers shall be identified through the
process described in paragraphs A.5, 6, 7 and 8.

Settlement Agreement and Release-6

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4. Plaintiffs shall provide lists of Government Agencies and Offices and
Defendants shall ensure their inclusion on the Free Call platforms and
database described in paragraphs A.1 and 2 above. Plaintiffs shall specify no
more than 10 rehabilitation centers for inclusion on each Facility’s platform or
database.

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5. Attorneys may request that their phone numbers be added to the platforms and
databases described in Paragraphs A.1, A.2, or A.3 by emailing the number
and specific request to an email drop box to be provided by ICE. If an attorney
requests to be added to the Free Call platforms, the attorney’s telephone
number shall be added to the platforms described in A.1 and A.2 if s/he is an
Attorney Performing Pro Bono Work. If an attorney requests to be added to
the no-Positive-Acceptance databases, the attorney’s telephone number shall
be added to the databases described in A.3 regardless of whether s/he is an
Attorney Performing Pro Bono Work.
6. Attorneys may request that their phone numbers be removed from the
platforms and databases described in Paragraphs A.1, A.2, or A.3 by emailing
the specific request to the same email drop box to be provided by ICE.
7. The parties will work together to develop a notice to immigration attorneys
practicing in the San Francisco Immigration Court to allow them to be added
to the Free Call platforms and/or database of numbers not subject to Positive
Acceptance and recording and/or monitoring. Class Counsel will reach out to
organizations including American Immigration Lawyers Association, National
Lawyers Guild, and/or Federal Bar Association to request use of their email
listservs for this purpose

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8. Class Members may submit attorney names and telephone numbers to ICE for
addition to the platforms and databases described in paragraphs A.1, 2, and 3.
If the attorney identified by the Class Member confirms that s/he wishes to be
added, ICE shall add the attorney’s telephone number to the platforms and
databases described in paragraph A.1 and A.2 (provided the attorney accepts
some pro bono immigration cases), or to the database described in paragraph
A.3
9. Platforms and databases described in A.1, A.2, and A.3 shall be updated
regularly, and no less than once a week, in response to requests under
paragraphs A.5, 6, 7, and 8.
10. Platforms and databases described in A.1, 2, and 3 shall be able to connect to
the telephone numbers for attorneys, Government Agencies and Offices
regardless of whether the numbers are toll-free or regular area code numbers.

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1. ICE shall ensure that at Yuba and RCCC, Housing Unit Phone automatic cutoffs are extended to 40 minutes.
2. ICE shall extend the automatic cut-off of the ICE DTS Provider Pro Bono
Platform calls to 60 minutes.
3. ICE shall ensure that the automatic cut-off of 20 minutes in the Yuba Phone
Room is eliminated.
4. ICE reserves the right to impose time limits to facilitate equitable access based
on demonstrated need in individual circumstances. Such time limits shall not
be shorter than 20 minutes per call.

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Installing Phone Booths in Housing Units

1. Subject to Paragraphs C.2 and C.3, ICE shall install phone booths in the
common areas of the housing units where ICE detainees are held at each
facility. Where a housing unit has no common area, a phone booth will be
installed for Class Member use in a conveniently accessible location. A
rendering of the specifications and measurements of the type of proposed
phone booths is included as Exhibit A to this Agreement.
2. The phone booths shall provide sufficient privacy so that Legal Calls cannot
be overheard by officers, facility staff, or other detainees. This privacy shall
be afforded primarily by the physical characteristics of the booths and
augmented by their placement within the housing units.
3. The ability of other detainees or staff to overhear muffled sounds without
sufficient clarity to discern the caller’s words or language does not render the
call capable of being “overheard” for purposes of this Agreement.
4. ICE shall provide 40 phone booths, distributed as needed to provide equitable
access to Class Members in each Facility.
5. ICE shall instruct the Facilities that, in periods of high demand, Class
Members should have priority for use of the phone booths.
6. Class members shall be permitted to access the phone booths at any time
during each individual Facility’s waking hours (other than during count or
lockdowns), subject to the provisions in the “Physical Access to the Housing
Unit Phones” section, below.
Physical Access to Housing Unit Phones

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Extending and Eliminating Automatic Cut-Offs

1. Access to housing unit phones, including phone booths, shall be during
waking hours (other than during count or lockdowns), which is anytime other
than “lights out” at all four Facilities.
2. Class Members who want to use a phone booth but who are housed in areas
where they are unable to access a phone booth without staff intervention

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(including but not limited to segregation, subject to paragraph D.3 below)
shall receive access to a phone booth (or other private area, as appropriate)
within two waking hours of making a request. If the request is made at or
before 3:00 p.m., the Class Member shall receive access to a phone booth or
other private area within business hours on the day of the request. Further
delays may be justified by a lockdown of unusual length or other
extraordinary circumstances, but shall in all cases be documented and reported
to ICE. Each Facility shall establish a process for such class members to
notify the facilitator as needed to assist with calls. In some instances, the
housing unit officer will contact the facilitator rather than having the Class
Member directly contact the facilitator.

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3. The above requirements apply fully to Class Members in segregation for
administrative reasons. However, if a Class Member is in segregation for
disciplinary reasons and restrictions have been properly imposed on that Class
Member’s general telephone calling privileges as part of the disciplinary
process, the above requirements regarding access to phone booths or other
private areas shall apply only to calls for personal or family emergencies,
Legal Calls, or otherwise justified by a compelling need.

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Phone Rooms

1. ICE and the Facilities shall provide one or more Phone Rooms for Legal
Calls, including both Attorney Legal Calls and Non-Attorney Legal Calls, at
each Facility. A class member may request an Attorney Legal Call from the
Phone Room without first utilizing the Housing Unit Phones for particularly
sensitive or lengthy legal consultations. To make a Non-Attorney Legal Call
from the Phone Room, however, Class Members must first try to contact the
intended call recipient from the Housing Unit Phones and be unsuccessful.
2. With respect to RCCC, the Phone Room(s) provided may consist of an
enclosed room or another enclosed space (which may be a phone booth with
seating or another type of enclosed space located in the RCCC law library).
This shall ensure that Class Members can make free, direct, unrecorded and
unmonitored phone calls without being overhead by officers, other Facility
staff, or other Class Members or inmates of the Facility.

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To accommodate interim Legal Call access at Contra Costa, whose system
currently will not allow the suspension of Positive Acceptance for paid calls
from housing unit phones and phone booths, ICE shall provide additional
Phone Room access. This requirement can be met by providing private
telephones without Positive Acceptance, such as phone booths equipped with
the same telephone systems as the telephones in the Phone Rooms either in

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the housing units or elsewhere in the Facility, as long as access to those
telephones complies with the other provisions of this section.
4. ICE shall ensure that Class Members can use at least one of the telephones in
the Yuba Phone Room without being overheard by officers, other staff, or
other detainees. Options include changing Yuba’s policy to limit use of the
Phone Room to one person at a time and installing a phone booth within the
Phone Room for one or both of the existing phones. Yuba Phone Room
phones shall not include a Positive Acceptance feature or automated outgoing
message.
5. Requests for Legal Calls will ordinarily be accommodated within eight facility
waking hours and shall be accommodated within 24 hours. Further delays may
be justified by extraordinary circumstances, but shall in all cases be
documented and reported to ICE.
6. Phone Room calls shall be scheduled for 30 minutes unless a detainee
specifies on his/her request form that a longer call will be needed. Facilities
shall accommodate requests for calls longer than 30 minutes. ICE reserves
the right to impose time limits on Phone Rooms in periods of high demand to
facilitate equal access for all detainees, consistent with the other terms of this
Agreement. Such time limits shall not be shorter than 20 minutes per call.
7. Each Facility shall modify its current request form for Class Members to
request access to Facility Phone Rooms as follows: The form shall include a
statement that Phone Room calls will be limited to 30 minutes unless the
Class Member indicates that a longer call is required, a space for class
members to request a particular time for Phone Room access and to indicate if
more than 30 minutes will be needed, and spaces for Class Members to
provide the name of the individual, agency or organization the Class Member
seeks to contact and the telephone number the Class Member wishes to call.
8. Attorneys may request to schedule a Legal Call in a Phone Room through the
on-site facilitators at each Facility or other Facility staff. Such requests shall
be granted within the same time limits that apply to Class Member requests
for Phone Room access as set forth in Paragraph E.5 above. Further delays
may be justified by extraordinary circumstances, but shall in all cases be
documented and reported to ICE.
9. The Facilities’ advance vetting and scheduling of call requests shall be
performed as follows:
i. Advance vetting shall be limited to internet searches. Facilities shall
not directly contact the individual/entity sought to be contacted in
advance of the call, except to contact an attorney who requests to
schedule a call with a Class Member.

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ii. If an attorney requests to schedule a call with a Class Member, the
Facilities shall coordinate with the attorney to schedule the call. For
other calls, Facilities do not have to coordinate advance scheduling
with call recipients. The Facilities shall, however, honor reasonable
written requests for specific times for phone room calls (e.g., detainee
asks to make call after 3:30, when witness finishes work shift) when
made with sufficient advance notice.
10. Facilities may do on-the-spot vetting in the presence of the Class Member
caller to verify the call recipient and to confirm that the recipient is willing to
take the call. The officer shall not reveal Class Members’ custody status or
location as part of the vetting.
11. If there is no answer, Class Members shall be permitted to leave voicemail
messages from Phone Room phones. If the call recipient has an automated
voicemail tree, Class Members shall be permitted to navigate that system to
reach their intended call recipient, including making additional attempts if
they are unsuccessful in their navigation of the system the first time.
12. Should requests for access to the Phone Rooms overwhelm availability, ICE
may charge a non-indigent Class Member a nominal fee for Phone Room use
to call recipients that are not on the Free Call platforms or database described
in paragraphs A.1 and A.2. Such fees shall not exceed the rates charged to
ICE by the then-existing ICE DTS provider, nor shall they exceed thenapplicable FCC guidance regulating inmate telephone services.
Messaging

1. At a minimum, ICE shall continue to provide the same messaging services at
Mesa Verde as are currently in existence.
2. RCCC, Yuba, and Contra Costa shall deliver legally-related messages, which
will not be confidential and may be primarily through an email-based system,
within 24 hours.
3. Emergency messages and urgent attorney messages shall be delivered as soon
as possible, but in no case more than six Facility waking hours after receipt.
On-Site Facilitators

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1. ICE and/or the Facilities shall designate one or more telephone access
facilitators (“on-site facilitators”) for each Facility. There shall be one
facilitator on duty at each Facility Monday-Friday during normal business
hours. A back-up on-site facilitator shall be trained and Phone Room access
shall be provided by other Facility staff as needed to accommodate calls
within Facility waking hours that are outside of normal business hours.
2. The on-site facilitator’s primary duties shall be to ensure that class members
have adequate access to Legal Calls consistent with the requirements of this
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Agreement, including calls from the Housing Unit Phones, phone booth
phones, and Phone Room phones.
3. The individuals who act as on-site facilitators may be assigned to limited other
duties as long as such duties do not prevent the facilitators from facilitating
class members’ requests for Legal Calls in a timely manner.

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Accommodations for Indigent Class Members

1. ICE shall provide accommodations for free Legal Calls to Indigent Class
Members.
2. Indigence shall be determined at the time of the initial call request, and each
subsequent request for additional time.
3. ICE shall provide accommodations to Indigent Class Members by either
allowing extra access to Phone Rooms or by providing phone credit for
Housing Unit Phones. Such phone credit shall be provided in amounts of at
least 30 minutes per request.
International Calling

1. ICE shall provide international call access for Legal Calls to Class Members,
during Facility waking hours, with advance notice and as set forth below.
2. If possible, international calling for Legal Calls will be made available
through a Facility Phone Room in accordance with the procedures for
accessing the Facility Phone Room in Section III.E.
3. If possible, free international calling for Legal Calls for Indigent Class
Members will be made available in accordance with the procedures for
Accommodations for Indigent Class Members in Section III.H.
4. If international calling for Legal Calls is not available through the Housing
Unit Phones or Facility Phone Rooms in accordance with the above
procedures, ICE shall accommodate requests for international Legal Calls in
the Facility through other means. This may include providing a cell phone
enabled with international calling through visiting ICE agents. If such other
means are required, ICE will accommodate requests for international Legal
Calls within no more than 72 hours of the request and will allow Indigent
Class Members access to free international Legal Calls through these alternate
means.
5. On the rare occasion that a Class Member presents a compelling need for
international Legal Call access outside of facility waking hours (e.g. to contact
a business or agency within country business hours that do not overlap with
facility waking hours), ICE shall make reasonable accommodations to
facilitate the Class Member’s timely communication with that entity.
Three Way Calling

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1. Upon request based upon a stated need, such as needing an interpreter to join
a call, ICE shall facilitate three-way calls in the Facility where the detainee is
housed or at the nearest ICE field office. ICE shall attempt to accommodate
such calls at the Facility, if possible, before transporting a Class Member to
the field office for such a call.

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K.
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Notice to Plaintiff Class Members of Telephone Options
1. ICE and the Facilities shall ensure that Class Members are informed that they
must contact an ICE officer or a Facility staff member (such as the on-site
facilitator or the housing unit officer) if they have difficulty making a Legal
Call.
2. An instruction sheet shall be printed and posted in at least English and
Spanish, explaining all telephone access options, how to use the telephones
and platforms available to ICE detainees, and how to make additional requests
for telephone access, in clear, step-by-step instructions. The instruction sheet
shall be posted in English and Spanish near the Facility phones. ICE and the
Facilities shall instruct their officers to show the instruction sheet to any Class
Member who requests assistance with making phone calls and explain its
provisions.
3. Plaintiffs agree to produce a video that conforms to Americans with
Disabilities Act standards, with content and format to be approved by ICE, to
explain telephone access options available to Class Members. This video shall
be shown regularly in the Facilities, such that newly-admitted Class Members
are generally shown the video within one week of arrival.

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Accommodations for Language Minorities

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1. Facilities shall, if local resources are not adequate or available, use a language
line to provide interpretation of telephone materials and instructions upon the
request of any Class Member who is unable to read English or Spanish, not to
include a full translation of the detainee handbook.
2. ICE shall post a notice near the Housing Unit Phones in the Facilities in the
ten written languages most commonly used by respondents in the San
Francisco Immigration Court, instructing individuals to ask the facilitator or
housing unit officer for interpretation of telephone access instructions and
assistance accessing telephones. The speed dial code for the ACLU of
Northern California shall be included on this notice as a resource for reporting
problems obtaining telephone access.
3. Class members attempting to call individuals who do not speak English and
do not understand the prompts to accept a call from the Facility shall be

Settlement Agreement and Release-13

provided access to Phone Room calls in accordance with the Phone Room
request process described in Section III.E.

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IV.

IMPLEMENTATION AND OVERSIGHT
A.

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Contracts with Facilities
1.
The terms of this Agreement that describe requirements to be fulfilled by
Facilities alone or in conjunction with ICE shall be specified in contracts
between ICE and the Facilities.
2.
ICE shall complete the contracting process and implement the requirements of
the Agreement within one year of the Agreement’s Effective Date. However,
to the extent compliance with a particular requirement of the Agreement is
impracticable (as that term is defined under federal common law),
Defendants’ failure to implement that requirement will not be a violation of
the Agreement.
3.
Within 30 days of determining it will not complete a contract with a Facility
and at least 60 days prior to transferring class members from that Facility, in
anticipation of contract cancellation, Defendants shall notify Class Counsel
and the Parties shall meet and confer to provide adequate telephone access to
the affected Class Members in the counties covered by this Agreement,
possibly to include modifying the Agreement. If the Parties are unable to
reach agreement, they shall refer the dispute to this Agreement’s alternative
dispute resolution process under the terms of the existing Agreement.
Compliance with contract terms shall be monitored by ICE Contracting Officer’s
Representative (COR) and Contracting Officer’s Technical Representative (COTR),
as well as by other ICE personnel visiting the facilities, who will report
compliance/non-compliance to the COR/COTR. Failure to meet Settlement terms by
the Facilities shall be treated as a contract deficiency and addressed through the cure
process used by CORs/COTRs.
ICE shall require training of all local ICE personnel with duties related to detention
management and oversight as well as Facility staff whose duties include supervising
detainees or responsibilities related to detainee phone access in the Facilities. This
training shall include the requirements of this Agreement, applicable ICE detention
standards for telephone access, and the policies and procedures for implementation of
this Agreement at the Facility/ies relevant to the particular individuals being trained.
Within 180 days of the Agreement’s Effective Date, ICE shall modify forms used
during weekly Facility Liaison Visits and the annual ERO Detention Management
Division (G324A) audit (currently carried out by the Nakamoto Group, Inc.) to
evaluate compliance with each of the following:
1. When a detainee requests a direct or free Legal Call to an attorney, court,
or government agency or demonstrates a compelling need for other direct
Settlement Agreement and Release-14

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or free calls, access is granted within 24 hours of the request and
ordinarily within 8 facility waking hours. Further delays may be justified
by extraordinary circumstances.
The facility documents and reports to ICE/ERO any delays in responding
to requests for free or direct Legal Calls beyond 8 facility waking hours.
Detainees are provided private settings for Legal Calls such that calls
cannot be overheard by officers, other staff, or other detainees.
The facility has a system for taking and delivering telephone messages to
detainees, including but not limited to attorney messages, other messages
related to a detainee’s legal case, and emergency messages, and ensures
the timeliness of such message delivery.
The facility provides translation and interpretation services to detainees
who are unable to read written telephone access rules in the languages
provided.
Detainees in segregation or other environments with limited physical
access to telephones have reasonable and equitable access to telephones
during waking hours (i.e., they can request telephone calls and receive
them in a timely manner).

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ENFORCEMENT AND MONITORING
A.

Plaintiffs’ counsel shall be provided with the following records within 45 days of the
Agreement’s Effective Date or 45 days of finalizing the particular record, whichever
is later, to the extent such records are or were created after November 19, 2015,
through the termination of this Agreement:
1. Amendments/modifications that relate to telephone access or other issues
outlined in this Agreement to Facility contracts to which ICE is a party or
authorized rider for Mesa Verde, RCCC, Contra Costa, and Yuba;
2. Amendments, modifications, or new contracts for ICE Detainee Telephone
Service to the extent they are implemented at Mesa Verde (i.e., the contract
currently held by Talton);
3. Any new contract for the Contra Costa jail account/phone management
system, once awarded;
4. Any changes to Facility policies related to telephone access;
5. Any modified templates or forms of internal compliance instruments,
worksheets, inspection reports, and similar documents that relate to telephone
standards, telephone access, and/or the terms of this Agreement; and
6. Any revised orientation materials related to telephone access (unless Plaintiffs
are involved in drafting orientation materials and therefore already have
copies of the final orientation materials).

Settlement Agreement and Release-15

To the extent class members are relocated to different facilities within Contra Costa,
Yuba, Sacramento or Kern County for more than 10 days, ICE shall meet and confer
with Class Counsel to agree upon facility-specific provisions that may be necessary to
effectuate the intent of this Agreement at the different facility.
During the terms of this Agreement, Class Counsel shall be provided with the
following records:
1. Any Contract Discrepancy Reports (CDR) issued by the COTR to one of the
four detention service providers concerning a facility’s failure to correct a
deficiency related to a provision of this Agreement.
2. The annual inspection report for telephone access by February 15th of the
calendar year following the inspection of each Facility.
3. Records reflecting notifications from the Facilities to ICE of the Facilities’
failure to accommodate a request for Phone Room access within 24 hours or
phone booth access within 2 hours.
In addition, on request, Class Counsel shall be provided with the following
documents covering a specified future month from a specified facility selected by
Class Counsel, not to exceed six selections a year:
1. Detainee kites and grievances to ICE relating to telephone access (including
responses); and
2. Weekly Telephone Serviceability Worksheets regarding that Facility.
ICE shall continue to conduct internal testing of Housing Unit Phones in accordance
with its current telephone serviceability report procedures and any changes that are
adopted pursuant to section IV.D of this Agreement.
ICE shall permit Class Counsel, with reasonable advance notice, to conduct
interviews with Class Members once per year per Facility. ICE shall ensure that
Facilities accommodate these interviews by providing Class Members a convenient
way to indicate their interest in participating in the interviews and facilitating group
or individual meetings between Class Counsel and willing Class Member
participants. These interviews are in addition to, not a substitute for, any interviews
that Class Counsel may schedule using each Facility’s normal attorney meeting
procedures.

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C.
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D.
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E.
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VI.

DISPUTE RESOLUTION PROCEDURES; CONTINUING JURISDICTION
A.

The Court shall retain jurisdiction to supervise the implementation of this
Agreement and to enforce its terms, and the terms of this Agreement shall be
incorporated into the Order of the Court approving the Agreement.

The parties agree that the Court will not be asked to exercise jurisdiction to
supervise the implementation of this Agreement or to enforce its terms until
exhaustion of the following dispute resolution process:

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Settlement Agreement and Release-16

Should Class Counsel believe in good faith that Defendants are engaging in a
pattern or practice of non-compliance with requirements of this Agreement at
a specific Facility or Facilities, Class Counsel shall promptly notify counsel
for Defendants, in writing, of the specific grounds upon which noncompliance is alleged. If Class Counsel so request after providing notice of
noncompliance with respect to a specific Facility, Defendants shall
commence retention within three business days (72 hours, not including
weekends and holidays) of the detainee kites and grievances to ICE from that
Facility regarding telephone access, and the detainee kites and grievances to
that Facility regarding telephone access, including Class Member requests
contemplated under Section III of this Agreement. Document retention shall
continue for fourteen (14) days. Defendants’ counsel shall forward the
documents to Class Counsel after a reasonable period of internal processing,
not to exceed five business days, not including weekends and holidays, after
the end of the 14-day retention period.

Within thirty (30) calendar days after receipt of the notice from Class
Counsel, counsel for Defendants shall notify Class Counsel of Defendants’
position and any action it has taken or intends to take in connection
therewith. The parties shall negotiate in good faith in an effort to resolve any
remaining disputes. The parties agree that this negotiation period will be
considered exhausted if the parties jointly determine that negotiations have
reached an impasse, or if either party invokes the formal meet-and-confer
process under paragraph 3 of Section VI.B. of the Agreement.

If any dispute cannot be resolved informally under paragraphs 1 or 2 of
Section VI.B. of the Agreement, counsel for either party may notify counsel
for the opposing party by letter and request that counsel meet and confer.
The parties shall meet within ten (10) calendar days of such notice in an
attempt to arrive at an amicable resolution of the dispute.

The parties may refer any unresolved dispute to Magistrate Judge Ryu for
mediation. If Magistrate Judge Ryu is no longer available or does not
consent to serve as mediator, the parties may refer the unresolved dispute to
another magistrate judge in the Northern District of California for mediation,
if the parties mutually agree on the mediator and such mediator consents. If
the dispute has not been resolved through mediation within 14 days, counsel
may mutually agree to continue mediation or counsel may seek to enforce the
Agreement through a motion in district court. Additionally, if the parties
cannot agree on a mediator, if no mutually-agreed-on mediator consents, or if

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Settlement Agreement and Release-17

the parties mutually agree to bypass mediation, counsel may seek to enforce
the Agreement through a motion in district court.

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If the parties do not reach resolution under the procedures of Paragraphs 1-4
of Section VI.B. of the Agreement, either party may then file a motion
requesting that the district court resolve the dispute.

The parties agree that the mediation process described in Section VI.B of the
Agreement shall be conducted confidentially and that no public disclosure
shall be made regarding the mediation process at any time before, during, or
after the mediation process, except that the final result of the mediation may
be disclosed. All documents and information disclosed by either party during
the mediation process shall not be admissible in any judicial proceeding. All
statements or conclusions of the mediator shall not be admissible in any
subsequent judicial proceeding.

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C.
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The parties agree that any action or proceeding to enforce the terms of this
Agreement shall be brought exclusively in the United States District Court for the
Northern District of California. The Court in this proceeding shall have the power
to award such relief and issue such judgments as the Court deems proper and
appropriate.

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VII.

TERMS OF ORDER FOR NOTICE, HEARING AND FINAL JUDGMENT
A.

Concurrently with their filing of this Agreement, Class Counsel shall apply to the
Court for Preliminary Approval of the Settlement provided for in this Agreement
and entry of a Preliminary Approval Order. Such Preliminary Approval will seek
approval of a Notice to the Class substantially in the form appended hereto as
Exhibit B, as well as a finding that the following satisfies the publication
requirements of Rule 23 of the Federal Rules of Civil Procedure: Within ten (10)
business days of the date of the Preliminary Approval, (i) posting the Notice to the
Class and this Settlement Agreement in appropriate places on the ICE public
website; (ii) providing the Notice to the Class and this Agreement to immigration
attorneys in the San Francisco Bay Area through the local American Immigration
Lawyers’ Association and National Lawyers Guild listservs; (iii) providing the
Notice to the Class and this Agreement in appropriate places on the website of the
ACLU of Northern California; (iv) posting the Notice to the Class in all housing
units in the Facilities where Class Members are housed, in an area prominently
visible to immigration detainees; and (v) providing individual copies of the Notice
to the Class to any Class Members who are housed in segregation, medical,
holding, or other specialized units with restricted access to common areas during

Settlement Agreement and Release-18

Facility waking hours. The Notice to the Class and this Agreement shall remain
posted, and shall be maintained or replaced with new copies as needed, until the
Court issues an order finally approving or rejecting the Settlement. Class Counsel
shall be responsible for meeting the notice requirements listed in (ii)-(iii) above
and ensuring maintenance of such notice, and Defendant ICE shall be responsible
for meeting the notice requirements listed in (i), (iv) and (v) above and ensuring
maintenance of such notice. The parties shall request that Class Members be
provided at least forty-five (45) days to submit objections to the Court after the
Notice to the Class is posted and distributed.

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If the Settlement contemplated by this Agreement is approved by the Court,
counsel for the parties shall request that the Court enter a Final Judgment
substantially in the form appended hereto as Exhibit C.

Within ten (10) business days following the Effective Date of Settlement, ICE shall
provide the Notice of Final Settlement substantially in the form appended hereto as
Exhibit D by posting it in all housing units in the Facilities where Class Members
are housed, in an area prominently visible to immigration detainees, as well as
providing individual copies of the Notice to the Class to any Class Members who
are housed in segregation, medical, holding, or other specialized units with
restricted access to common areas during facility waking hours. The Notice of Final
Settlement shall remain posted, and shall be maintained or replaced with new
copies as needed, until the obligations of this Agreement are terminated.

ICE shall post a Spanish language translation of both the Preliminary Notice and
the Final Notice to the Class. Should Class Counsel provide to ICE translations in
other languages, ICE shall post a notice informing Class Members that such
translations are available. Class Counsel shall provide such notices in sufficient
time to allow ICE to meet the posting requirements in Sections VII.A and C. of the
Agreement.

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VIII. EFFECTIVE DATE OF SETTLEMENT; TERMINATION
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The Effective Date of this Agreement shall be the date when all of the following
shall have occurred: (a) entry of the Preliminary Approval Order; (b) approval by
the Court of this Agreement, following notice to the Class and a fairness hearing, as
prescribed by Rule 23 of the Federal Rules of Civil Procedure; and (c) entry by the
Court of Final Judgment, in all material respects in the form appended hereto as
Exhibit C.

Settlement Agreement and Release-19

In the event that the Court does not approve the Agreement, or the Court’s approval
of the Agreement or the Final Judgment is reversed, vacated, or terminated on
appeal, the parties’ good-faith adherence to the terms of this Agreement prior to
said reversal, vacatur, or termination shall not be considered unlawful.

This Agreement is subject to and contingent upon Court approval under Rule 23(e)
of the Federal Rules of Civil Procedure. Defendants’ Counsel and Class Counsel
shall have the right to terminate this Agreement by providing written notice of their
election to do so (“Termination Notice”) to all other parties hereto within thirty
(30) days of (a) the Court’s declining to enter the Preliminary Approval Order or
modifying that Preliminary Approval Order in any material respect; (b) the Court’s
declining to approve the Settlement embodied in this Agreement or any material
part of it; (c) the Court’s declining to enter the Final Judgment or modifying the
Final Judgment in any material respect; or (d) the Court of Appeals or the United
States Supreme Court’s reversing, vacating, or modifying in any material way the
Final Judgment.

Except as otherwise provided herein, in the event the Settlement is terminated or
modified in any material respect or fails to become effective for any reason, then
the Settlement shall be without prejudice and none of its terms shall be effective or
enforceable; the parties to this Agreement shall be deemed to have reverted to their
respective status in the Action as of the date and time immediately prior to the
execution of this Agreement; and except as otherwise expressly provided, the
parties shall proceed in all respects as if this Agreement and any related orders had
not been entered. In the event the Settlement is terminated or modified in any
material respect, the parties shall be deemed not to have waived, not to have
modified, or not be estopped from asserting any additional defenses or arguments
available to them.

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IX.

TERMINATION OF OBLIGATIONS

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Unless earlier terminated by operation of Section VIII, the obligations of this Agreement shall
terminate within five (5) years of the Effective Date.

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NO ADMISSION OF WRONGDOING
A.
1.

This Agreement, whether or not executed, and any proceedings taken pursuant to it:
shall not be construed to waive, reduce, or otherwise diminish the authority of
the Defendants to enforce the laws of the United States against Class Members,

Settlement Agreement and Release-20

consistent with the Constitution and laws of the United States, and applicable
regulations;

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shall not be offered or received against the Defendants as evidence of, or
construed as or deemed to be evidence of, any presumption, concession, or
admission by any of the Defendants of the truth of any fact alleged by the
Plaintiffs or the validity of any claim that had been or could have been asserted
in the Action or in any litigation, or the deficiency of any defense that has been
or could have been asserted in the Action, or of any liability, negligence, fault,
or wrongdoing of the Defendants; or any admission by the Defendants of any
violations of, or failure to comply with, the Constitution, laws or regulations;
and

shall not be offered or received against the Defendants as evidence of a
presumption, concession, or admission of any liability, negligence, fault, or
wrongdoing, nor shall it create any substantive rights or causes of action against
any of the parties to this Agreement, in any other civil, criminal, or
administrative action or proceeding, other than such proceedings as may be
necessary to effectuate the provisions of this Agreement; provided, however,
that if this Agreement is approved by the Court, Defendants may refer to it and
rely upon it to effectuate the liability protection granted them hereunder.

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XI.

ATTORNEYS’ FEES

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As set forth below, within 65 days of the Effective Date, Defendants shall pay to Class Counsel
the sum of $ 405,000 to settle and resolve Plaintiffs’ claims to attorneys’ fees and costs, if such
award is approved by the Court.

The parties agree to the “Attorneys’ Fee Settlement Amount” of $405,000, to avoid
further litigation and costs associated litigating a fee and cost request and to avoid
the risks attendant to such proceedings. Plaintiffs shall file a motion for fees under
Fed. R. Civ. P. 23(h) and 54(d)(2)).

Defendants agree not to oppose a motion seeking a fee award of $405,000 or less.

If for any reason the Court awards an amount in excess of $405,000, Plaintiffs and
Class Counsel expressly disclaim any and all right to collect the amount that
exceeds $405,000 from any person or entity, and agree, upon demand, to execute a
release of any person’s or entity’s obligation to pay such sums. In the event the
Court awards Class Counsel less than $405,000, this Settlement Agreement shall

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Settlement Agreement and Release-21

remain in full force and effect. Nothing in this Agreement waives or prevents
Plaintiffs and Class Counsel from appealing an award of less than $405,000.

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Subject to the foregoing provisions, Defendants shall deliver the Attorneys’ Fee
Settlement Amount to Class Counsel by direct wire transfer into Class Counsel’s
designated account. Class Counsel shall provide to Defendants all information
necessary to accomplish the direct wire transfer into that account within five days
of the Effective Date. Plaintiffs and Class Counsel acknowledge that payment of the
Attorneys’ Fee Settlement Amount by Defendants or any of them in accordance
with the wire instructions shall resolve all of Defendants’ liability for such amount.

Class Counsel shall be fully responsible for the allocation and payment of the
Attorneys’ Fee Settlement Amount among themselves.

Defendants’ payment of the Attorneys’ Fee Settlement Amount shall satisfy any
claims by Plaintiffs’ Counsel and/or Class Counsel for attorney fees and costs
related to and for the Action, including any fees and costs that may be incurred by
Plaintiffs’ Counsel and/or Class Counsel in the course of monitoring the
implementation of this Agreement (except as set forth in Paragraph G). Plaintiffs,
Plaintiffs’ Counsel, and Class Counsel, and their heirs, executors, administrators,
representatives, attorneys, predecessors, successors, assigns, agents, affiliates, and
partners, and any persons they represent, by operation of any final judgment entered
by the Court, fully, finally, and forever release, relinquish, and discharge the
Defendants of and from any and all claims for attorney fees and costs related to and
for the Action, including any fees and costs that may be incurred in the course of
monitoring the implementation of this Agreement (except as set forth in Paragraph
G).

In the event that Class Counsel seek to enforce the terms of the Agreement pursuant
to Section VI.C., nothing in this Agreement shall be interpreted as precluding
Plaintiffs from seeking attorneys’ fees and costs solely for such enforcement action.

If either party terminates the Agreement under Section VIII.C because the Court of
Appeals or the United States Supreme Court reversed, vacated, or modified in any
material way the Final Judgment after the Effective Date, Plaintiffs agree that Class
Counsel shall return the Attorneys’ Fee Settlement Amount, plus any interest
earned, to Defendants upon final resolution of the appeal. Final resolution of the
appeal occurs when all appellate remedies, including petitions for rehearing,
petitions for rehearing en banc, and petitions for certiorari or any other form of
review, have been finally disposed of in a manner that allows for termination of the
Agreement.

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Settlement Agreement and Release-22

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XII.

ADDITIONAL PROVISIONS
A.

This Agreement, and the obligations incurred herein, shall be in full and final
disposition of the Action with prejudice, including any and all Settled Claims against
Defendants. On the Effective Date, Plaintiffs and Class Members shall be deemed to
have fully, finally, and forever released, relinquished, and discharged Defendants of
and from any and all Settled Claims in accordance with Part II.

All of the exhibits attached hereto are hereby incorporated by reference as though
fully set forth herein.

This Agreement may not be modified or amended, nor may any of its provisions be
waived except by a writing signed by all parties hereto or their successors-in-interest.

The waiver by one party of any breach of this Agreement by any other party shall not
be deemed a waiver of any other prior or subsequent breach of this Agreement.

This Agreement and its exhibits constitute the entire agreement among the parties
hereto concerning the Settlement of the Action, and no representations, warranties,
or inducements have been made by any party hereto other than those contained and
memorialized in such documents.

This Agreement may be executed in one or more counterparts. All executed
counterparts and each of them shall be deemed to be one and the same instrument
provided that counsel for the parties to this Agreement shall exchange among
themselves original signed counterparts.

This Agreement shall be binding upon, and inure to the benefit of, the successors and
assigns of the parties hereto.

This Agreement shall not be construed more strictly against one party than another
merely by virtue of the fact that it, or any part of it, may have been prepared by
counsel for one of the parties, it being recognized by the parties that this Agreement
is the result of negotiations between the parties and that all parties have contributed
substantially and materially to the preparation of this Agreement.

All counsel and any other person executing this Agreement and any of the exhibits
hereto, or any related settlement documents, warrant and represent that they have the
full authority to do so and that they have the authority to take appropriate action
required or permitted to be taken under the Agreement to effectuate its terms.

Class Counsel and Defendants’ Counsel agree to cooperate fully with one another in
seeking Court approval of this Agreement and to promptly agree upon and execute
all such other documentation as may be reasonably required to obtain final approval
by the Court of the Settlement.

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Settlement Agreement and Release-23

For and on behalf of Defendants:

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EXECUTED this __ day of _________, 2016.
______________________
Katherine J. Shinners,
Trial Attorney, District Court Section
Office of Immigration Litigation
Civil Division
United States Department of Justice
P.O. Box 868, Ben Franklin Station Washington, D.C. 20044

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Counsel for Defendants
For and on behalf of Plaintiffs and the Class:

EXECUTED this __ day of _________, 2016.
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__________________________
Julia Harumi Mass, Esq.
American Civil Liberties Union
of Northern California, Inc.
39 Drumm Street
San Francisco, CA 94111
415-621-2493
415-255-8437 (fax)
jmass@aclunc.org

__________________________
Robert P. Varian
Orrick, Herrington & Sutcliffe LLP
405 Howard Street
San Francisco, CA 94105
415-773-5700
415-773-5759 (fax)
rvarian@orrick.com

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_________________________
Carl Takei
American Civil Liberties Union
National Prison Project
915 15th Street, N.W., 7th Fl.
Washington, DC 20005
202-393-4920
202-393-4931 (fax)
ctakei@aclu.org
Counsel for Plaintiffs

_________________________
Marc Van Der Hout
Van Der Hout, Brigagliano
& Nightingale LLP
180 Sutter Street, Suite 500
San Francisco, CA 94101
415-981-3000
415-981-3003 (fax)
MV@vblaw.com

Settlement Agreement and Release-24

EXHIBIT A

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EXHIBIT B

NOTICE OF PROPOSED SETTLEMENT REGARDING TELEPHONE ACCESS IN
IMMIGRATION DETENTION
LYON, ET AL. V. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT ET AL.,
Case No. 3:13-cv-05878-EMC
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
TO:

All current and future adult immigration detainees who are or will be held by ICE in Contra
Costa County, Kern County, Sacramento County, or Yuba County.

Purpose of this Notice
This notice has three purposes: 1) to tell you about the proposed settlement and the fairness
hearing in this class-action lawsuit; 2) to tell you how to obtain more information, including a copy
of the full proposed settlement agreement; and 3) to explain how you may object to the proposed
settlement if you disagree with it.
Background on the Lawsuit
This class action lawsuit asserts that U.S. Immigration and Customs Enforcement (ICE) does
not provide adequate telephone access for immigration detainees housed in Contra Costa West
County Detention Facility, Yuba County Jail, Rio Cosumnes Correctional Center (RCCC), and Mesa
Verde Detention Facility (collectively, the Facilities). Specifically, the lawsuit asserts that ICE is
violating the statutory and constitutional rights of immigration detainees because the telephone
access conditions in the Facilities: (1) prevent detainees from retaining and communicating
effectively with lawyers, and (2) prevent detainees from gathering evidence to present in
immigration-related proceedings. The lawsuit seeks changes to ICE and Facility policies; it does not
ask for money damages.
Class Counsel (representing the interests of detainees in the Facilities) and ICE’s attorneys have
negotiated a settlement. The Court has given preliminary approval to this settlement, and the next
step is for the Court to consider any comments and objections from class members. A hearing has
been scheduled for __________________, 2016, at _____.m. before the Honorable Edward M.
Chen of the United States District Court for the Northern District of California in Courtroom 5 –
17th Floor at the San Francisco Courthouse, 450 Golden Gate Ave., San Francisco, California. At
this hearing, the Court will consider whether the proposed settlement is fair, reasonable, and
adequate. The Court will then either approve the settlement or order the parties to continue
litigating.
Description of the Proposed Settlement Agreement
Below is a summary of the key points in the settlement agreement. To get a copy of the full
agreement, see the section entitled “For Further Information” after this summary.
1

There will be more ways to make legal calls from housing unit phones and new phone
booths for privacy in housing units.
a. ICE will add speed-dials to make free, direct, unmonitored calls to more
government offices and some attorneys from the housing unit phones. ICE
will set up more speed-dial numbers (similar to ICE’s pro bono platform) that will
connect without needing a live person to answer and accept the call, that will not be
recorded or monitored, and that will be cost-free for the caller and recipient. These
numbers will include police departments, probation departments, state and federal
courts, and rehabilitation centers as well as attorneys who provide a mix of paid and
pro bono immigration representation and have requested to be added to the
platform.
b. ICE will create a list of attorneys who can be called without needing a live
person to answer. ICE will allow attorneys (including those who only provide paid
representation) to receive calls from the housing unit phones without needing a live
person to answer the telephone. These calls will not be recorded or monitored.
c. ICE will install phone booths in and around housing units for case-related
telephone calls. ICE has agreed to install a total of 40 phone booths that will be
distributed among the four Facilities. These phone booths will operate like the
housing unit phones, but with more privacy.
d. ICE will ensure access to phone booths. Except during count and lockdowns,
detainees will be able to use phone booths any time during waking hours (including
non-free time at Contra Costa). Detainees who are housed in places where they need
staff to escort them to a phone booth, such as segregation, will receive access within
two waking hours of making a request, absent extraordinary circumstances (which
must be reported to ICE). For detainees in disciplinary segregation whose discipline
includes limits on telephone access, these requirements apply only to personal or
family emergencies, Legal Calls, or calls that are otherwise justified by a compelling
need.
e. ICE will extend automatic cut-offs for telephone calls.
i. Yuba: Cut-offs for the housing unit phones will be extended from 20 minutes
to 40 minutes, and there will be no automatic cut-off in the Yuba phone
room.
ii. RCCC: Cut-offs for the housing unit phones will be extended from 20
minutes to 40 minutes.
iii. All Facilities: The automatic cut-off for calls from ICE’s pro bono platform
will be extended to 60 minutes.
iv. Based on demonstrated need in individual circumstances, ICE may impose
time limits on telephone calls to ensure everyone has access.

There will be more ways to make legal calls from private phone rooms.
a. Immigration detainees will be allowed to use private phone rooms for legal
calls, including calls to non-attorneys.
i. In general: These calls will not be recorded or monitored, and will not require
a live person to answer. When connecting the call, Facility staff or ICE
personnel can check the call recipient’s name and ask if the call recipient
agrees to speak to the caller, but cannot announce the detainee is calling from
a jail or detention facility. If nobody answers, the caller will be able to leave
voicemail messages and navigate automated answering systems that require
dialing an extension.
ii. Calls to attorneys: Immigration detainees will be able to call attorneys from
these phones for long calls or calls that need extra privacy. Also, attorneys
may request calls be scheduled at particular times.
iii. Calls to non-attorneys: Immigration detainees will be able to call non-attorneys
from these phones if the call is case-related (for example, to request a
supportive letter or to get help obtaining documents) and the detainee has
already tried and been unable to contact the person using a housing unit
phone.
iv. RCCC and Yuba: A phone room, phone booth, or other enclosure will be
added to meet this requirement at RCCC, which currently has no private
phone room. Privacy will be improved in the Yuba phone room.
b. Phone room calls will be generally limited to 30 minutes but immigration
detainees can request longer calls. However, in periods of high demand, ICE may
limit call lengths to ensure everyone has access.

On-site facilitators at each Facility will process telephone requests and provide timely
access to phone rooms. Calls will ordinarily be provided within 8 waking hours, and (except
in extraordinary circumstances) always within 24 hours of a request.

Each Facility will take and deliver non-confidential phone and/or email messages
related to immigration detainees’ immigration cases within 24 hours.

For detainees who cannot afford to pay for phone calls, ICE will provide extra phone
room access or phone credit. This will be available to detainees who have had less than $15
on their commissary account for 10 consecutive days at the time of the request.

ICE will make accommodations for international legal calls and three-way calling for
legal calls. There will be a system for requesting international legal calls even if international
calls cannot be dialed from housing unit phones or phone rooms. Upon request and
statement of a need, such as needing an interpreter to join a call, ICE will facilitate 3-way calls
in the Facility (if possible) or at the nearest field office.

ICE will assist people who do not read English or Spanish. ICE will post a notice in 10
common written languages telling detainees to ask Facility staff for translations of telephone
access materials and assistance with telephone access. On request, if local interpretation is not
adequate or available, ICE will use a telephone-based “language line” interpreter to provide
further explanations. Additionally, if a detainee is trying to call a person who does not speak
English and cannot understand the automatic prompts to accept a call, the detainee can use
the Phone Room to call that person for case-related calls.

ICE will require training of all local ICE officers with duties related to detention and
Facility staff whose duties include supervising detainees or providing telephone
access. ICE will also add detail to the inspection forms it uses in detention facilities across
the country to evaluate compliance with detention standards regarding privacy for legal calls,
timeliness in responding to telephone requests, availability of message delivery systems,
availability of translation and interpretation services, and access to telephones for detainees in
segregation.

Five Year Agreement. ICE will have one year after the Court finally approves the Settlement
to make the required changes. The Settlement will be in effect for four years after that. During
this time, ICE must provide information to Class Counsel to monitor and enforce the
Settlement, including providing various documents and allowing Class Counsel to visit the
Facilities to interview detainees.

10.

The Court can enforce the agreement if there are any violations. The Court will retain
jurisdiction over the case to enforce the terms of the Settlement Agreement.

11.

Attorneys’ fees and costs. The Government will pay $405,000 to Class Counsel in settlement
of all claims for fees and expenses. See below for how to obtain more information about the
attorneys’ fees settlement.

12.

Release of claims. Class Members will release the government from all claims for declaratory
or injunctive relief that were brought on behalf of Class Members based on the facts and
circumstances alleged in the lawsuit.

For further information:
THIS IS A SUMMARY OF THE AGREEMENT. TO UNDERSTAND IT FULLY, YOU
SHOULD READ THE ENTIRE AGREEMENT. You can get copies of the final settlement
agreement, Class Counsel’s motion seeking the Court’s approval of the attorneys’ fees provision of
the settlement, and copies of this Notice from: 1) Visiting ICE agents; 2) ICE’s website
(www.ice.gov); 3) the ACLU of Northern California website (www.aclunc.org/our-work/legaldocket/lyon-v-ice-telephone-access-immigration-detainees); 4) by calling Class Counsel by
using speed dial number #9160 through ICE’s pro bono call platform or by calling (415) 621-2493,
ext. 329; 5) the

electronic docket in this case (Case No. 13-cv-05878 EMC), available at
https://ecf.cand.uscourts.gov; or 6) by writing to Class Counsel at the address listed below:
Class Counsel
Lyon v. ICE Class Action Settlement
c/o ACLU Foundation of Northern California
39 Drumm Street
San Francisco, CA 94111
If calling or writing to Class Counsel, please indicate in your message or letter what you are asking
for (a copy of the settlement agreement, the attorneys’ fee motion, or the Notice), your name, and
how to get in touch with you. If you are in custody, say the detention center where you are currently
in custody. If you are out of custody, please provide your address and telephone number.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO
INQUIRE ABOUT THIS SETTLEMENT.
Procedures for Objecting to the Proposed Settlement:
You can ask the Court to deny approval of the settlement by filing an objection. You cannot
ask the Court to order a different settlement; the Court can only approve or deny the settlement. If
the Court denies approval, the settlement provisions will not be implemented and the lawsuit will
continue. If that is what you want to happen, you must object.
If you object to the proposed settlement, you should do it in writing and must submit the
written objection to the Court. Attached to this notice is a sample objection form that you may use
to file a written objection. You can request additional copies of this form from ICE agents that visit
your detention facility. If you file an objection, you may also choose to appear at the Final Approval
Hearing, either in person or through your own attorney. If you appear through your own attorney,
you are responsible for paying that attorney if required.
All written objections and supporting papers must:
(a) Clearly identify the case name and number (Lyon v. ICE, Case No. 13-cv-05878 EMC);
(b) Provide: (i) the Class Member’s full name and current detention facility or address, (ii) a
signed declaration that the Class Member is a member of the Class, (iii) the specific
grounds for the objection, (iv) all documents or writings the Class Member wants the
Court to consider, and (v) whether the Class Member intends to appear at the Fairness
Hearing.
(c) Be submitted to the Court either by mailing them to the Class Action Clerk, United
States District Court for the Northern District of California, 450 Golden Gate Avenue,
San Francisco, CA 94102, or by filing them in person at any location of the United States
District Court for the Northern District of California;
(d) Be filed or postmarked on or before _____________, 2016.
5

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

AUDLEY BARRINGTON LYON, JR., et al., )
)
Plaintiffs,
)
)
v.
)
UNITED STATES IMMIGRATION AND
)
CUSTOMS ENFORCEMENT, et al.,
)
)
Defendants.
)

Case No. 3:13-cv-05878-EMC

OBJECTION TO PROPOSED
SETTLEMENT
Hon. Edward. M. Chen

To the Honorable Court:
I believe I am a Class Member because I am currently detained by ICE at (check one):
__ West County Detention Facility in Contra Costa County
__ Yuba County Jail in Yuba County
__ Rio Cosumnes Correctional Center in Sacramento County
__ Mesa Verde Detention Facility in Kern County
I object to the proposed settlement because: ____________________________________
______________________________________________________________________________
______________________________________________________________________________
_______________________________________________ [attach additional sheets if necessary]
I intend to appear at the Court for the Fairness Hearing: ☐ Yes ☐ No
My signature verifies that everything I have stated above is true.
Dated: ______________

Signature:
Name:
“A number”:
Address:

________________________________
________________________________
________________________________
________________________________
________________________________

EXHIBIT C

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ROBERT P. VARIAN (SBN 107459)
CHARLES J. HA (pro hac vice)
ALEXIS YEE-GARCIA (SBN 277204)
ORRICK, HERRINGTON & SUTCLIFFE LLP
The Orrick Building
405 Howard Street
San Francisco, California 94105-2669
Telephone:
(415) 773-5700
Facsimile:
(415) 773-5759
Email: rvarian@orrick.com

AMERICAN CIVIL LIBERTIES UNION
FOUNDATION OF NORTHERN CALIFORNIA
JULIA HARUMI MASS (SBN 189649)
ANGELICA SALCEDA (SBN 296152)
CHRISTINE P. SUN (SBN 218701)
MICHAEL T. RISHER (SBN 191627)
39 Drumm Street
San Francisco, CA 94111
Telephone: (415) 621-2493
Facsimile: (415) 255-8437
Email: jmass@aclunc.org
Attorneys for Plaintiffs

[Additional Counsel appear on following page]

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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AUDLEY BARRINGTON LYON, JR., et al.,
on behalf of themselves and all others similarly
situated,

Plaintiffs,

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v.
UNITED STATES IMMIGRATION AND
CUSTOMS ENFORCEMENT, et al.,

Case No.: 13-cv-05878-EMC

FINAL ORDER APPROVING
SETTLEMENT AND DISMISSING
CASE
Hon. Edward M. Chen

Defendants.

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FINAL ORDER APPROVING SETTLEMENT
CASE NO.: 13-CV-05878 EMC

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AMERICAN CIVIL LIBERTIES UNION
NATIONAL PRISON PROJECT
CARL TAKEI (SBN 256229)
915 15th Street N.W., 7th Floor
Washington, DC 20005
Telephone: (202) 393-4930
Facsimile: (202) 393-4931
Email: ctakei@aclu.org
VAN DER HOUT, BRIGAGLIANO, & NIGHTINGALE, LLP
MARC VAN DER HOUT (SBN 80778)
MEGAN SALLOMI (SBN 300580)
180 Sutter Street, Suite 500
San Francisco, CA 94104
Telephone: (415) 981-3000
Facsimile: (415) 981-3003
Email: msal@vblaw.com

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Attorneys for Plaintiffs
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FINAL ORDER APPROVING SETTLEMENT
CASE NO.: 13-CV-05878 EMC

WHEREAS Plaintiffs Audley Barrington Lyon, Jr., José Elizandro Astorga-Cervantes,

and Nancy Neria-Garcia, on behalf of themselves and all class members (collectively, “Plaintiff

Class”), by and through their counsel of record, have asserted claims for declaratory and

injunctive relief against Defendants U.S. Immigration and Customs Enforcement (“ICE”); Sarah

Saldaña in her official capacity as Director of ICE; the U.S. Department of Homeland Security;

Jeh Johnson in his official capacity as Secretary of Homeland Security, and Adrian Macias in his

official capacity as Acting Field Office Director for ICE’s San Francisco Field Office

(collectively “Defendants”), alleging violations of the Immigration and Nationality Act, 8 U.S.C.

§ 1101 et seq. and the First and Fifth Amendments to the U.S. Constitution; and

WHEREAS on April 16, 2014, the Court certified a class of “[a]ll current and future

immigration detainees who are or will be held by ICE in in Contra Costa, Sacramento, and Yuba

Counties” (ECF No. 31);

WHEREAS on July 27, 2015, the Court granted Plaintiffs’ motion to modify the certified

class to include “[a]ll current and future adult immigration detainees who are or will be held by

ICE in Contra Costa County, Kern County, Sacramento County, or Yuba County” (“Plaintiff

Class”) (ECF No. 98);

WHEREAS on March 18, 2016, the Court granted in part and denied in part Defendants’

motion for summary judgment and denied Plaintiffs’ motion for summary judgment (ECF No.

167);

WHEREAS the Court found that Plaintiffs’ Counsel are adequate to represent the Plaintiff

Class under Federal Rule of Civil Procedure 23(g)(1) and (4), and appointed Plaintiffs’ Counsel

as Class Counsel under Rule 23(g) in an Order dated ___________, 2016; and

WHEREAS the Plaintiff Class and Defendants entered into a settlement of the above-

captioned matter (“Settlement”) and executed a Settlement Agreement and Release (“Settlement

Agreement”), which has been filed with the Court; and

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WHEREAS the Court preliminarily approved the Settlement in an Order dated
_________, 2016; and

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FINAL ORDER APPROVING SETTLEMENT
CASE NO.: 13-CV-05878 EMC

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WHEREAS the Court held a hearing on _____________, 2016, where the Court found the
Settlement reasonable and fair; and
WHEREAS it appears notice of the Settlement has been adequately provided to the Class
as provided for by the Court’s Order Granting Preliminary Approval; and
WHEREAS the Plaintiff Class has filed with the Court a Motion for Final Approval of the
Settlement, together with supporting documents; and

WHEREAS the Court held a hearing on __________________________, 2016 to

consider the final approval of the Settlement, and any objections to the foregoing filed before or at

the time of the hearing;

WHEREAS the Court has considered the Settlement between the Plaintiff Class and the

Defendants, and the pleadings and documents submitted in connection with the parties’ request

for final approval of the Settlement, and good cause appearing therefore,

WHEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:

The Court has jurisdiction over the subject matter of this action. The Court has

15 personal jurisdiction over the Plaintiff Class (as defined in the Court’s orders granting Plaintiffs’
16 motions for class certification and for modification of the class certification order, ECF Nos. 31
17 and 98) and Defendants.
18

Under Federal Rule of Civil Procedure 23(e), the Settlement as set forth in the

19 Settlement Agreement is approved as fair, reasonable, adequate, and in the best interests of the
20 Plaintiff Class. The Court finds that the Settlement appears to have resulted from arm’s length
21 negotiations by and among counsel for the parties who were reasonably skilled and prepared and
22 who represented the best interests of their respective clients in negotiating the Settlement. The
23 settlement negotiations that led to the Settlement took place in mediations sessions supervised by
24 Magistrate Judge Donna Ryu, with assistance from Magistrate Judge Laurel Beeler. This provides
25 the Court with further assurance that the negotiations leading to the Settlement were good faith,
26 arm’s length negotiations, based on a sufficiently developed record, and which appropriately
27 considered the risks of trial, the potential resolution, and all other relevant factors leading to
28 Settlement.
3

FINAL ORDER APPROVING SETTLEMENT
CASE NO.: 13-CV-05878 EMC

The Court further finds that the settlement of attorneys’ fees and costs in Section

2 XI of the Settlement Agreement was the result of arm’s length and good faith negotiations
3 supervised by Magistrate Judges Ryu and Beeler. The attorney’s fees and costs provision appears
4 to have taken into consideration the right of Plaintiffs to seek an award of fees that would be
5 substantially higher than the amount agreed to, the risks of trial, and all other relevant factors. The
6 Court therefore approves the award of the Attorneys’ Fee Settlement Amount contained in the
7 Settlement Agreement and orders that that the Attorneys’ Fee Settlement Amount be paid in
8 accordance with the Settlement Agreement.
9

The Court further finds the Notice to the Class was reasonably calculated to

10 apprise the Class of the pendency of this action and all material elements of the proposed
11 settlement, constituted the best notice practicable under the circumstances, and constituted due and
12 sufficient notice.
13

This Final Order adopts and incorporates herein by reference in its entirety the

14 Settlement Agreement submitted as Exhibit 1 to the Declaration of Julia Harumi Mass, filed with
15 Plaintiffs’ Unopposed Motion for Preliminary Approval of the Class Action Settlement (ECF No.
16 __). The parties are directed to implement the Settlement Agreement in accordance with its terms
17 and provisions.
18

In accordance with Section XII.A of the Settlement Agreement, this action is

hereby dismissed with prejudice. Without in any way affecting the finality of this Final Order, this

Court retains jurisdiction for the purpose of enforcing the Settlement Agreement and as to all

matters relating to the interpretation and enforcement of the Settlement Agreement.

The Court finds this Final Order adjudicates all of the claims, rights, and liabilities

of the Parties to the Settlement, and is intended to be a final judgment within the meaning of Rule

54 of the Federal Rules of Civil Procedure.

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FINAL ORDER APPROVING SETTLEMENT
CASE NO.: 13-CV-05878 EMC

IT IS SO ORDERED.

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Dated _____________

_________________________________________
Hon. Edward M. Chen
U.S. District Court Judge

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FINAL ORDER APPROVING SETTLEMENT
CASE NO.: 13-CV-05878 EMC

EXHIBIT D

NOTICE OF FINAL SETTLEMENT REGARDING TELEPHONE ACCESS IN
IMMIGRATION DETENTION
LYON, ET AL. V. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT ET AL.,
Case No. 3:13-cv-05878-EMC
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
TO:

All current and future adult immigration detainees who are or will be held by ICE in Contra
Costa County, Kern County, Sacramento County, or Yuba County.

You are hereby notified that on ________________, 2016, the Honorable Edward M. Chen of the
United States District Court for the Northern District of California approved a settlement of the
claims that were brought on your behalf in this lawsuit.
Background on the Lawsuit
This class action lawsuit asserted that U.S. Immigration and Customs Enforcement (ICE) does
not provide adequate telephone access for immigration detainees housed in Contra Costa West
County Detention Facility, Yuba County Jail, Rio Cosumnes Correctional Center (RCCC), and Mesa
Verde Detention Facility (collectively, the Facilities). Specifically, the lawsuit asserted that ICE is
violating the statutory and constitutional rights of immigration detainees because the telephone
access conditions in the Facilities: (1) prevent detainees from retaining and communicating
effectively with lawyers, and (2) prevent detainees from gathering evidence to present in
immigration-related proceedings. The parties reached a settlement that the Court has approved.
Description of the Settlement Agreement
Below is a summary of the key points in the settlement agreement. To get a copy of the full
agreement, see the section entitled “For Further Information” after this summary.
1.

b. ICE will create a list of attorneys who can be called without needing a live
person to answer. ICE will allow attorneys (including those who only provide paid
representation) to receive calls from the housing unit phones without needing a live
person to answer the telephone. These calls will not be recorded or monitored.
c. ICE will install phone booths in and around housing units for case-related
telephone calls. ICE has agreed to install a total of 40 phone booths that will be
distributed among the four Facilities. These phone booths will operate like the
housing unit phones, but with more privacy.
d. ICE will ensure access to phone booths. Except during count and lockdowns,
detainees will be able to use phone booths any time during waking hours (including
non-free time at Contra Costa). Detainees who are housed in places where they need
staff to escort them to a phone booth, such as segregation, will receive access within
two waking hours of making a request, absent extraordinary circumstances (which
must be reported to ICE). For detainees in disciplinary segregation whose discipline
includes limits on telephone access, these requirements apply only to personal or
family emergencies, Legal Calls, or calls that are otherwise justified by a compelling
need.
e. ICE will extend automatic cut-offs for telephone calls.
i. Yuba: Cut-offs for the housing unit phones will be extended from 20 minutes
to 40 minutes, and there will be no automatic cut-off in the Yuba phone
room.
ii. RCCC: Cut-offs for the housing unit phones will be extended from 20
minutes to 40 minutes.
iii. All Facilities: The automatic cut-off for calls from ICE’s pro bono platform
will be extended to 60 minutes.
iv. Based on demonstrated need in individual circumstances, ICE may impose
time limits on telephone calls to ensure everyone has access.
2.

ii. Calls to attorneys: Immigration detainees will be able to call attorneys from
these phones for long calls or calls that need extra privacy. Also, attorneys
may request calls be scheduled at particular times.
iii. Calls to non-attorneys: Immigration detainees will be able to call non-attorneys
from these phones if the call is case-related (for example, to request a
supportive letter or to get help obtaining documents) and the detainee has
already tried and been unable to contact the person using a housing unit
phone.
iv. RCCC and Yuba: A phone room, phone booth, or other enclosure will be
added to meet this requirement at RCCC, which currently has no private
phone room. Privacy will be improved in the Yuba phone room.
b. Phone room calls will be generally limited to 30 minutes but immigration
detainees can request longer calls. However, in periods of high demand, ICE may
limit call lengths to ensure everyone has access.
3.

Each Facility will take and deliver non-confidential phone and/or email messages
related to immigration detainees’ immigration cases within 24 hours.

the country to evaluate compliance with detention standards regarding privacy for legal calls,
timeliness in responding to telephone requests, availability of message delivery systems,
availability of translation and interpretation services, and access to telephones for detainees in
segregation.
9.

Five Year Agreement. ICE will have one year after the Court approved the Settlement to
make the required changes. The Settlement will be in effect for four years after that. During
this time, ICE must provide information to Class Counsel to monitor and enforce the
Settlement, including providing various documents and allowing Class Counsel to visit the
Facilities to interview detainees.

10.

The Court can enforce the agreement if there are any violations. The Court will retain
jurisdiction over the case to enforce the terms of the Settlement Agreement.

11.

12.

For further information:
THIS IS A SUMMARY OF THE AGREEMENT. TO UNDERSTAND IT FULLY, YOU
SHOULD READ THE ENTIRE AGREEMENT. You can get copies of the final settlement
agreement from: 1) Visiting ICE agents, 2) ICE’s website (www.ice.gov); 3) the ACLU of Northern
California website (www.aclunc.org/our-work/legal-docket/lyon-v-ice-telephone-accessimmigration-detainees); 4) by calling Class Counsel by using speed dial number #9160 through
ICE’s pro bono call platform or by calling (415) 621-2493, ext. 329; or 5) by writing to Class
Counsel at the address listed below:
Class Counsel
Lyon v. ICE Class Action Settlement
c/o ACLU Foundation of Northern California
39 Drumm Street
San Francisco, CA 94111
If calling or writing to Class Counsel, please indicate in your message or letter that you are asking for
a copy of the settlement agreement, the name of the case (Lyon v. ICE), your name, and how to get
in touch with you. If you are in custody, say the detention center where you are currently in custody.
If you are out of custody, please provide your address and telephone number.