Immigrant Detainee Legal Rights Act - Directs the Attorney General to: (1) establish and maintain, within the Executive Office for Immigration Review, an Office of Legal Access Programs to develop and administer a system of legal orientation programs to make immigration proceedings more efficient and cost-effective by educating aliens regarding administrative procedures and legal rights under U.S. immigration law and to establish other programs to assist in providing aliens access to legal information; and (2) submit to Congress within 180 days a plan that includes a schedule to develop and deploy legal orientation programs for all detainees within 1 year after enactment of this Act.
Requires the legal orientation programs to: (1) provide programs to assist detained aliens in making decisions regarding their removal and eligibility for relief from removal in order to increase efficiency and reduce costs in immigration proceedings and federal custody processes and to improve access to legal services; (2) ensure that programs and written notice of rights are available in English and the five most common native languages spoken by the detainees held in custody at that location during the preceding fiscal year; and (3) identify unaccompanied alien children, aliens with a serious mental disability, and other particularly vulnerable aliens for right to counsel considerations.
Authorizes such programs to provide services to detained aliens in specified immigration (detention and removal) and asylum proceedings.
Directs the Secretary of Homeland Security (DHS) to establish procedures: (1) that ensure that legal orientation programs are available for all detained aliens within five days of arrival into custody; and (2) to inform such aliens of the basic procedures of immigration hearings, their rights relating to those hearings, information that may deter such aliens from filing frivolous legal claims, and a contact list of potential legal resources and providers.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3914 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 3914
To provide for improvements in the treatment of detainees, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 16, 2014
Mr. Foster (for himself, Mr. Veasey, Mr. Deutch, Mr. Quigley, Ms.
Schakowsky, Mr. Tonko, Mr. Lowenthal, and Mr. Holt) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for improvements in the treatment of detainees, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigrant Detainee Legal Rights
Act''.
SEC. 2. OFFICE OF LEGAL ACCESS PROGRAMS.
(a) Establishment of Office of Legal Access Programs.--The Attorney
General shall establish and maintain, within the Executive Office for
Immigration Review, an Office of Legal Access Programs to develop and
administer a system of legal orientation programs to make immigration
proceedings more efficient and cost-effective by educating aliens
regarding administrative procedures and legal rights under United
States immigration law and to establish other programs to assist in
providing aliens access to legal information. The Attorney General
shall submit a plan to Congress not later than 180 days after the
enactment of this Act including a schedule to develop and deploy legal
orientation programs for all detainees not later than 1 year after the
enactment of this Act. The Attorney General shall seek input from
nongovernmental organizations and stakeholders in developing this plan.
(b) Legal Orientation Programs.--The legal orientation programs--
(1) shall provide programs to assist detained aliens in
making informed and timely decisions regarding their removal
and eligibility for relief from removal in order to increase
efficiency and reduce costs in immigration proceedings and
Federal custody processes and to improve access to counsel and
other legal services;
(2) shall ensure that programs and written notice of rights
are available in English and the five most common native
languages spoken by the detainees held in custody at that
location during the preceding fiscal year;
(3) shall identify unaccompanied alien children, aliens
with a serious mental disability, and other particularly
vulnerable aliens for consideration by the Attorney General
pursuant to section 292(c) of the Immigration and Nationality
Act, as added by section 3502(c); and
(4) may provide services to detained aliens in immigration
proceedings under sections 235, 238, 240, and 241(a)(5) of the
Immigration and Nationality Act (8 U.S.C. 1225, 1228, 1229a,
and 1231(a)(5)) and to other aliens in immigration and asylum
proceedings under sections 235, 238, and 240 of the Immigration
and Nationality Act (8 U.S.C. 1225, 1228, and 1229a).
(c) Procedures.--The Secretary of Homeland Security, in
consultation with the Attorney General, shall establish procedures that
ensure that legal orientation programs are available for all detained
aliens within 5 days of arrival into custody and to inform such aliens
of the basic procedures of immigration hearings, their rights relating
to those hearings under the immigration laws, information that may
deter such aliens from filing frivolous legal claims, and any other
information deemed appropriate by the Attorney General, such as a
contact list of potential legal resources and providers.
(d) Rule of Construction.--Nothing in this subsection shall be
construed to create any substantive or procedural right or benefit that
is legally enforceable by any party against the United States or its
agencies or officers or any other person.
(e) Funding.--There shall be appropriated such sums as may be
necessary to carry out this section.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Border Security.
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