Attorney-Client Calls at ICE Facilities: What Privacy Protections Apply (Including Otay Mesa)

ICE detention standards give legal communications special privacy protections. Calls to courts, attorneys, or calls made to find legal representation aren't supposed to be monitored unless there's a court order. Legal calls get treated differently than routine personal calls - staff can't just listen in.

The same principle applies to in-person legal meetings. Attorney visits (including legal assistants) are confidential and can't be monitored. Facilities must provide private consultation rooms for these meetings, so you and your client - or your loved one and their legal team - can talk without being overheard.

Privacy isn't just about official monitoring - it's also about whether others can overhear. ICE standards require facilities to provide enough telephones where detainees can make legal calls without officers, staff, or other detainees listening in. If the only phones available are in earshot of others, that undermines confidentiality even without official monitoring.

1. Make a clear request for a direct or free legal call - the timeline starts when the detainee asks to place a legal-purpose call.
2. Expect access as soon as possible - staff should allow the call as quickly as they can, taking into account how urgent the request is.
3. Use “eight waking hours” as the usual benchmark - access is generally granted within eight facility-established waking hours, not counting the period between lights-out and the morning return to scheduled activities.
4. Know the 24-hour backstop - even if there’s a delay, the detainee must be granted access within 24 hours of the request.

• ✓ Ask whether the number is on the ICE/ERO-provided list of free legal service providers
• ✓ Use those listed numbers to seek initial legal representation
• ✓ If you’re trying to help from the outside, confirm the detainee is requesting calls specifically for obtaining initial legal representation (the category tied to free calls)

If you're told a legal call or visit can't be private, get clarity on what exactly is being denied. Is it privacy from being overheard, or actual monitoring? For attorney meetings, request a private consultation room - those visits are supposed to be confidential. For legal calls, ask to use a phone designated for legal calls where others can't overhear. The facility is required to provide a reasonable number of those phones.

• ✓ Write down the date and time the privacy issue happened
• ✓ Note who you spoke with (name/title if available) and what you requested (private consultation room or a phone that can’t be overheard)
• ✓ Record the exact reason you were given for the denial or delay
• ✓ Ask to speak with a supervisor if the request is refused or stalled
• ✓ Keep your notes together so you can describe the pattern clearly if the problem continues

Even when standards are clear, local practice affects how you actually access private legal calls or visits. At Otay Mesa Detention Facility, you can call (619) 671-8700 Monday–Friday, 7:30 a.m. to 4 p.m. for detainee information. That number is also a good starting point for confirming how legal calls work or coordinating an attorney visit.

Otay Mesa provides tablets and a portal for sending non-confidential messages. Useful for basic communication, but not a substitute for private attorney-client calls or confidential legal visits.