Alternatives to Detention Act of 2021
This bill requires the Department of Homeland Security (DHS) to establish programs that are alternatives to detention for immigration enforcement and addresses related issues.
Such programs must be available regardless of whether an alien is subject to a removal order or whether a charge of removability is pending, but shall not be available to certain aliens, such as those subject to mandatory detention.
DHS or an immigration judge must determine, within 72 hours of an individual being taken into custody for immigration enforcement, the appropriate level of supervision for the individual and whether the individual may participate in such an alternative program. For a member of a vulnerable population (such as a victim of trafficking) or a caregiver (such as a parent of a minor), there must be a presumption that such an individual must be placed in a community-based supervision program.
DHS must restore the Family Case Management Program as an alternative to detention. This program must provide community supervision and community support services through a contract with a nongovernmental organization.
DHS must establish a Coordinator of Alternatives to Detention position.
The Government Accountability Office must report on the use and effectiveness of the programs established under this bill.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5347 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5347
To require the Secretary of Homeland Security to use alternatives to
detention for certain vulnerable immigrant populations, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 23, 2021
Mr. Brown (for himself, Ms. Clarke of New York, Mr. Johnson of Georgia,
Ms. Norton, and Ms. Schakowsky) introduced the following bill; which
was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require the Secretary of Homeland Security to use alternatives to
detention for certain vulnerable immigrant populations, 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 ``Alternatives to Detention Act of
2021''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Dependent caregiver.--The term ``dependent caregiver''
means an individual who lives with, and provides more than \1/
2\ of the financial support required by, a family member who
is--
(A) younger than 18 years of age; or
(B) unable to engage in substantial employment due
to a physical or mental health condition or disability.
(2) Executive departments.--The term ``executive
departments'' means the Federal Departments listed under
section 101 of title 5, United States Code.
(3) Family caregiver.--The term ``family caregiver'' means
an individual who lives with, and provides more than \1/2\ of
the personal care required by, a family member who is--
(A) younger than 18 years of age; or
(B) unable to engage in substantial employment due
to a physical or mental health condition or disability.
(4) Family member.--The term ``family member'', with
respect to an individual receiving personal care services or
financial support, means an individual who is--
(A) a parent or legal guardian;
(B) a spouse;
(C) a child;
(D) a step-family member; or
(E) an extended family member.
(5) Immigration laws.--The term ``immigration laws'' has
the meaning given such term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(6) Legal guardian.--The term ``legal guardian'' means a
legal guardian, as defined under State law or under the law of
a foreign country.
(7) Member of a vulnerable population.--The term ``member
of a vulnerable population'' means an individual who--
(A) is an asylum seeker or is otherwise seeking
lawful status;
(B) is a victim of torture or trafficking;
(C) has special religious, cultural, or spiritual
considerations;
(D) is pregnant or nursing;
(E) is younger than 21 years of age;
(F) is older than 60 years of age;
(G) identifies as gay, lesbian, bisexual,
transgender, or intersex;
(H) is a victim or a witness of a crime;
(I) has a mental disorder or physical disability;
or
(J) is experiencing severe trauma or is a survivor
of torture or gender-based violence, as determined by
an immigration judge or the Secretary based on
information obtained--
(i) by the attorney or legal services
provider of the individual during the intake
process; or
(ii) through credible reporting by the
individual.
(8) Parent.--The term ``parent'' means a biological or
adoptive parent of a child, whose parental rights have not been
relinquished or terminated under State law or the law of a
foreign country.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3. ALTERNATIVES TO DETENTION UNDER THE IMMIGRATION LAWS.
(a) Establishment.--
(1) In general.--The Secretary shall establish programs to
provide alternatives to detention under the immigration laws.
(2) Availability.--The programs required under paragraph
(1) shall be available to an alien regardless of whether--
(A) a decision on a charge of removability with
respect to the alien is pending; or
(B) the alien is subject to an order of removal.
(3) Continuum of supervision.--The programs required under
paragraph (1) shall provide for a continuum of supervision
mechanisms and options, including community-based supervision
and community support.
(4) Contracts with nongovernmental organizations.--The
Secretary may contract with one or more nongovernmental
organizations to provide services under this subsection and
subsection (b).
(b) Restoration of the Family Case Management Program.--Not later
than 7 days after the date of the enactment of this Act, the Secretary
shall fully restore the U.S. Immigration and Customs Enforcement Family
Case Management Program, as constituted on January 21, 2016, which
shall--
(1) provide community supervision and community support
services, including case management services, appearance
services, and screening of aliens who have been detained; and
(2) be carried out through a contract with a
nongovernmental organization that has demonstrated expertise in
providing such supervision and support services.
(c) Determination of Vulnerable Population or Caregiver Status
Required.--
(1) In general.--Subject to paragraphs (2) and (3), not
later than 72 hours after taking an individual into custody
under the immigration laws, the Secretary, the Commissioner of
U.S. Customs and Border Protection, an immigration officer, or
an immigration judge shall make an individualized determination
with respect to--
(A) whether the individual may participate in an
alternatives to detention program, including the Family
Case Management Program described in subsection (b);
and
(B) the appropriate level of supervision for such
individual.
(2) Presumption for placement in alternatives to detention
program.--
(A) In general.--There shall be a presumption for
placement in an alternatives to detention program that
is a community-based supervision program for any alien
who is--
(i) taken into the physical custody of the
Department of Homeland Security; and
(ii) a member of a vulnerable population, a
parent of a child who is younger than 18 years
of age, a dependent caregiver, or a family
caregiver.
(B) Exception.--The presumption described in
subparagraph (A) shall not apply if the Secretary, the
Commissioner of U.S. Customs and Border Protection, an
immigration officer, or an immigration judge
specifically determines that the alien is a threat to
himself or herself or to the public.
(3) Exceptions.--Alternatives to detention programs shall
not be available to any individual--
(A) who is detained pursuant to section 236A of the
Immigration and Nationality Act (8 U.S.C. 1226a); or
(B) for whom release on bond or recognizance is
determined to be a sufficient measure to ensure
appearances at immigration proceedings and public
safety.
(d) Coordinator of Alternatives to Detention.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary shall--
(A) establish within the Department of Homeland
Security the position of Coordinator of Alternatives to
Detention (referred to in this subsection as the
``Coordinator''), who shall report directly to the
Secretary; and
(B) appoint the Coordinator.
(2) Resources.--The Secretary shall make available to the
Coordinator such personnel, funds, and other resources as may
be appropriate to enable the Coordinator to carry out the
mission described in paragraph (3)(A).
(3) Mission and duties.--
(A) Mission.--The mission of the Coordinator shall
be to coordinate, in collaboration with the executive
departments, the use of alternatives to detention
programs.
(B) Duties of coordinator.--
(i) In general.--The Coordinator shall--
(I) serve as the primary point of
contact within the executive branch for
Congress, State and local governments,
the private sector, and community
leaders with respect to the
alternatives to detention programs; and
(II) in coordination with the
executive departments, with respect to
Congress, State and local governments,
the private sector, and community
leaders, manage information flow about,
requests for actions relating to, and
discussions on, such programs.
(ii) Reports required.--
(I) Monthly reports.--Not later
than 30 days after the date on which
the Coordinator is appointed, and every
30 days thereafter, the Coordinator
shall submit a report to Congress that
includes, for the reporting period--
(aa) the number of
individuals detained under the
immigration laws--
(AA) pending a
decision on whether the
individual is to be
removed; and
(BB) after the
issuance of a removal
order;
(bb) an assessment whether
any individual described in
item (aa) is subject to the
special rule under subsection
(c)(2)(B); and
(cc) the number of
individuals participating in an
alternatives to detention
program established under
subsection (a), disaggregated
by the level of supervision of
such individuals.
(II) Annual reports.--Not later
than 1 year after the date on which the
Coordinator is appointed, and annually
thereafter, the Coordinator shall
submit a report to Congress that
includes--
(aa) guidance and
requirements for referral and
placement decisions in
alternatives to detention
programs;
(bb) information on
enrollment in alternatives to
detention programs,
disaggregated by field office;
(cc) information on the
length of enrollment in
alternatives to detention
programs, disaggregated by type
of alternative to detention
program; and
(dd) information on the
population enrolled in
alternatives to detention
programs, disaggregated by type
of alternative to detention
program and point of
apprehension.
(C) Duties of executive departments.--The heads of
the executive departments shall--
(i) respond promptly to any request by the
Coordinator;
(ii) consistent with applicable law,
provide such information as the Coordinator
considers necessary to carry out the mission of
the Coordinator; and
(iii) otherwise cooperate with the
Coordinator to the maximum extent practicable
to facilitate the performance of the mission
described in subparagraph (A).
(e) GAO Study and Report.--The Comptroller General of the United
States shall--
(1) conduct a study on the use and effectiveness of the
alternatives to detention programs established pursuant to
subsection (a); and
(2) not later than 2 years after the date of the enactment
of this Act, submit a report to Congress that contains the
results of the study conducted pursuant to paragraph (1).
SEC. 4. SAVINGS PROVISIONS.
(a) Federal Law.--Nothing in this Act may be construed to supersede
or modify--
(1) the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232 et seq.);
(2) the Stipulated Settlement Agreement filed in the United
States District Court for the Central District of California on
January 17, 1997 (CV 85-4544-RJK) (commonly known as the
``Flores Settlement Agreement'');
(3) the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.); or
(4) any applicable Federal child welfare law, including the
Adoption and Safe Families Act of 1997 (Public Law 105-89).
(b) State Law.--Nothing in this Act may be construed to supersede
or modify any applicable State child welfare law.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Citizenship.
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