Inspection of ICE’s Caroline Detention Center finds that some detainees worked over hourly maximum, against policy

CAROLINE COUNTY, Va. (WRIC) -- A 2023 inspection of the Caroline Detention Center, operated by U.S. Immigration and Customs Enforcement (ICE), found that the facility did not comply with requirements for its Voluntary Work Program, which is currently under litigation.

ICE's Voluntary Work Program allows some detainees to be permitted to work and earn money.

The agency requires that detainees cannot work more than eight hours a day and 40 hours a week. Detainees earn as little as $1 per day for the work they complete, according to ICE's policies, which breaks down to as little as $0.13 per hour if they are serving the maximum work time.

Over several years, detainees, activists and state governments have filed different lawsuits over the program and its pay scale, with most targeting private companies like CoreCivic, which currently operates one of Virginia's facilities -- Farmville Detention Center, and many others throughout the U.S.

An unannounced inspection released on Sept. 15, 2023, of the Caroline Detention Center, located at 11093 SW Lewis Memorial Dr., by the U.S. Department of Homeland Security's Office of Inspector General (OIG), found that the facility did not comply with the program's requirements.

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According to the results of the inspection, after reviewing three months of the program's records, the facility did not enforce the maximum hourly work limit.

Specifically, OIG said it found that eight kitchen volunteers worked more than the 40-hour work week limit.

One detainee reportedly worked more than 65 hours in one week and as long as 14 hours in a single day.

The report said another detainee averaged 56 hours of work per week during a six-week period, until the detainee left the facility.

Detainees interviewed by OIG reportedly noted concerns with the program, with one detainee saying his recreation time was canceled because it was scheduled at the same time as his kitchen shift.

Another detainee reportedly told OIG that the kitchen was understaffed and often needed additional help. As a result, the report said the facility sometimes required detainees to work more hours than the prescribed maximum, which is a violation of the agency's standards.

Following the inspection, OIG recommended that the facility assess whether there are enough detainees interested in the voluntary work program to address the needs of the facility without detainees working more than the maximum hours.

In addition, the OIG recommended that the facility ensure detainees work according to a schedule that does not interfere with required activities.

ICE disagreed with OIG's recommendation, and responded in the report, adding that the facility "makes every effort" to ensure detainees do not work longer than the maximum hours, but that due to a limited number of cleared volunteers, it "may necessitate longer shifts."

OIG's response to ICE was that it was "concerned with ICE's response to this recommendation."

The OIG added that the agency's policy "clearly states that detainees are not permitted to work more than 8 hours per day and more than 40 hours per week," noting that ICE openly disregarded the policy by saying that staffing shortages may "necessitate longer shifts."

OIG further clarified that the program is intended to provide detainees the opportunity to work and earn money while confined, not to assist facility staffing shortages.

"This recommendation remains unresolved and open until the facility and ICE demonstrate understanding and implementation of the standard and ensure detainees work no more than 8 hours per day and 40 hours per week," the report said.

8News asked ICE for the number of participants at both Virginia detention centers -- both Caroline and Farmville detention centers -- and their rate of pay.

ICE cited "ongoing litigation" regarding the program, adding that the agency "cannot comment as the litigation is ongoing."