No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6397 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6397
To provide standards for facilities at which aliens in the custody of
the Department of Homeland Security are detained, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 3, 2025
Ms. Jayapal (for herself, Mr. Smith of Washington, Ms. Adams, Mr. Amo,
Ms. Ansari, Ms. Balint, Ms. Barragan, Mr. Beyer, Ms. Bonamici, Mr.
Boyle of Pennsylvania, Ms. Brown, Ms. Brownley, Mr. Carson, Mr. Carter
of Louisiana, Mr. Casar, Mr. Casten, Mr. Castro of Texas, Mrs.
Cherfilus-McCormick, Ms. Chu, Ms. Clarke of New York, Mr. Cleaver, Mr.
Cohen, Mr. Correa, Ms. Crockett, Mr. Crow, Mr. Davis of Illinois, Ms.
Dean of Pennsylvania, Ms. DeGette, Mr. DeSaulnier, Ms. Dexter, Mrs.
Dingell, Mr. Doggett, Ms. Escobar, Mr. Espaillat, Mr. Evans of
Pennsylvania, Mrs. Fletcher, Mrs. Foushee, Ms. Friedman, Mr. Frost, Mr.
Garamendi, Mr. Garcia of Illinois, Mr. Garcia of California, Ms. Garcia
of Texas, Mr. Goldman of New York, Mr. Gomez, Mr. Green of Texas, Mrs.
Grijalva, Mrs. Hayes, Mr. Horsford, Ms. Hoyle of Oregon, Mr. Huffman,
Mr. Ivey, Mr. Jackson of Illinois, Ms. Jacobs, Mr. Johnson of Georgia,
Ms. Johnson of Texas, Ms. Kamlager-Dove, Ms. Kelly of Illinois, Mr.
Khanna, Mr. Krishnamoorthi, Ms. Lee of Pennsylvania, Ms. Leger
Fernandez, Mr. Levin, Mr. Lieu, Ms. Lofgren, Ms. Matsui, Ms. McClellan,
Ms. McCollum, Mr. McGarvey, Mr. McGovern, Mrs. McIver, Mr. Meeks, Mr.
Menendez, Ms. Meng, Ms. Moore of Wisconsin, Mr. Moulton, Mr. Mullin,
Mr. Nadler, Mr. Norcross, Ms. Norton, Ms. Ocasio-Cortez, Ms. Omar, Mr.
Pallone, Mr. Panetta, Ms. Pingree, Mr. Pocan, Ms. Pressley, Mr.
Quigley, Mrs. Ramirez, Ms. Randall, Mr. Raskin, Ms. Rivas, Ms. Ross,
Mr. Ruiz, Ms. Salinas, Ms. Sanchez, Ms. Scanlon, Ms. Schakowsky, Ms.
Simon, Mr. Soto, Ms. Stansbury, Ms. Strickland, Mr. Swalwell, Mr.
Takano, Mr. Thanedar, Mr. Thompson of Mississippi, Mr. Thompson of
California, Ms. Titus, Ms. Tlaib, Ms. Tokuda, Mr. Tonko, Mr. Torres of
New York, Mrs. Trahan, Mr. Vargas, Mr. Veasey, Ms. Velazquez, Ms.
Wasserman Schultz, Ms. Waters, Mrs. Watson Coleman, Ms. Williams of
Georgia, Ms. Wilson of Florida, Ms. Lois Frankel of Florida, Mr.
Hernandez, and Mrs. Sykes) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committee on Homeland Security, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide standards for facilities at which aliens in the custody of
the Department of Homeland Security are detained, 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 ``Dignity for Detained Immigrants
Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that detention, even for a short period
of time, inflicts severe, irreparable harm on children and should be
avoided.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on the Judiciary of the House of
Representatives; and
(D) the Committee on Homeland Security of the House
of Representatives.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 4. STANDARDS FOR DEPARTMENT OF HOMELAND SECURITY DETENTION
FACILITIES.
(a) Rulemaking.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall, by regulation, establish
detention standards for each facility at which aliens in the custody of
the Department are detained.
(b) Minimum Protection.--The standards established under subsection
(a) shall provide, at a minimum, the level of protections for detainees
described in the American Bar Association's Civil Immigration Detention
Standards (adopted in August 2012, and as modified in August 2014).
(c) Biennial Updates.--Not less frequently than biennially, the
Secretary shall review and update such standards, as appropriate.
SEC. 5. OVERSIGHT AND TRANSPARENCY.
(a) Periodic Inspections.--
(1) In general.--On a periodic basis, not less frequently
than annually, the Inspector General of the Department
(referred to in this section as the ``Inspector General'')
shall conduct an unannounced, in-person inspection of each
facility at which aliens in the custody of the Department are
detained to ensure that each such facility is in compliance
with the standards established under section 4.
(2) Report.--Not later than 60 days after conducting an
inspection under paragraph (1), the Inspector General shall--
(A) submit a report to the Secretary containing the
results of such inspection; and
(B) make the report available to the public on the
internet website of the Department.
(3) Failure to comply with standards.--
(A) Initial failure.--
(i) In general.--If the Inspector General
determines that a facility has failed to comply
with the standards established under section 4
for the first time during any 2-year period,
and such noncompliance constitutes a deficiency
that threatens the health, safety, or the due
process rights of detainees--
(I) the Inspector General shall
notify the Secretary of such
determination; and
(II) the Secretary shall--
(aa) in the case of a
facility not owned by the
Department, impose a meaningful
fine of not less than 10
percent of the value of the
contract with the facility; and
(bb) in the case of a
facility owned by the
Department--
(AA) issue a
written warning to the
facility not later than
30 days after receiving
such notification from
the Inspector General,
which shall include
remedial measures to be
carried out not later
than 60 days after the
issuance of the
warning; and
(BB) not later than
60 days after the
issuance of a warning
under subitem (AA),
certify to the
Inspector General that
the remedial measures
have been carried out.
(ii) Follow-up inspection.--Not later than
180 days after the date on which the Inspector
General makes a notification under clause
(i)(I), the Inspector General shall conduct an
in-person inspection of the facility to
determine whether the facility has achieved
compliance with the standards established under
section 4.
(B) Subsequent failures.--If the Inspector General
determines that a facility has failed to comply with
the standards established under section 4 in 2 or more
inspections under paragraph (1) during any 2-year
period, and such noncompliance constitutes a deficiency
that threatens the health, safety, or the rights of
detainees--
(i) the Inspector General shall notify the
Secretary of such determination; and
(ii) the Secretary shall--
(I) in the case of a facility not
owned by the Department--
(aa) not later than 30 days
after receiving such
notification, transfer each
detainee to a facility that
does so comply;
(bb) terminate the contract
with the owner or operator of
the facility; and
(cc) ensure that no funds
made available to the
Department be used to continue
such contract; and
(II) in the case of a facility
owned by the Department--
(aa) not later than 60 days
after receiving such
notification, transfer each
detainee to a facility that
does so comply; and
(bb) suspend the use of
such facility until such time
as the Inspector General--
(AA) certifies to
the Secretary that the
facility is in
compliance with such
standards; and
(BB) makes
available to the public
on the internet website
of the Department
information relating to
the remedial measures
taken.
(b) Deaths in Custody.--
(1) Notification.--Not later than 24 hours after the death
of an alien in the custody of the Department, the Secretary
shall notify the appropriate committees of Congress of such
death.
(2) Investigations.--
(A) In general.--Not later than 30 days after the
death of an alien in the custody of the Department, the
Secretary shall conduct an investigation into such
death, which shall include a root cause analysis that
identifies any changes to policies, practices, training
curricula, staffing, or potential system-wide errors
that may reduce the probability of such an event in the
future.
(B) Root cause analysis.--Each root cause analysis
required by subparagraph (A) shall be carried out--
(i) by appropriately qualified personnel,
including 1 or more medical professionals
qualified in a field relevant to the death; and
(ii) in accordance with professional
medical standards for investigating sentinel
events in medical care facilities, including
the Sentinel Event Policy promulgated by The
Joint Commission.
(C) Public report.--Not later than 60 days after
such a death, the Secretary shall--
(i) issue a full report describing the
results of the investigation required by
subparagraph (A); and
(ii) make the report available to the
public on the internet website of the
Department.
(D) Review by inspector general.--Not later than 90
days after the death of an alien in the custody of the
Department, the Inspector General shall conduct a
review of the report issued under subparagraph (C) with
respect to such death.
(3) Definition of death of an alien in the custody of the
department.--The term ``death of an alien in the custody of the
Department'' means the death of an alien occurring while the
alien is under the supervision of the Department, regardless
of--
(A) the location of the death; or
(B) whether the death may have resulted from a
health problem that existed before or during, or was
exacerbated by, the detention of the alien.
(c) Report to Congress.--
(1) In general.--Not less frequently than annually, the
Secretary shall submit to the appropriate committees of
Congress a report on the inspections and oversight of
facilities at which aliens in the custody of the Department are
detained.
(2) Elements.--Each report required by paragraph (1) shall
include, for the preceding year--
(A) a list of each detention facility found by the
Inspector General to be in noncompliance with the
standards established under section 4;
(B) for each such facility, a description of the
remedial actions taken, or planned to be taken, by the
Secretary so as to achieve compliance with such
standards; and
(C) a determination as to whether such remedial
actions have succeeded in bringing the facility into
compliance with such standards.
(d) Classification of Documents for Purposes of FOIA.--The reports
required by subsections (a)(2) and (b)(2)(C), and any contract between
the Department and a private or public entity that provides for the use
of a facility not owned by the Department to detain aliens in the
custody of the Department, are considered records for purposes of
section 552 of title 5, United States Code, and do not qualify for the
exception under subsection (b)(4) of such section.
(e) Facilities Matrix.--
(1) In general.--On the first day of each month, the
Secretary shall ensure that a publicly accessible internet
website of the Department contains the information described in
paragraph (2) for each facility at which aliens in the custody
of the Department are detained.
(2) Elements.--The information referred to in paragraph (1)
is, for each such facility, the following:
(A) The name and location of the facility.
(B) Whether the facility houses adults, children,
or both.
(C) The number of beds available in the facility on
the last day of the preceding month, disaggregated by
gender.
(D) The total number of aliens detained in the
facility on the last day of the preceding month,
disaggregated by gender and classification as a child
or as an adult.
(E) Whether the facility is used to detain aliens
for longer than 72 hours.
(F) Whether the facility is used to detain aliens
for longer than 7 days.
(G) The average number of aliens detained in the
facility during the current year and during the
preceding month, disaggregated by gender and
classification as a child or as an adult.
(H) Whether the facility is in compliance with the
standards established under section 4.
(I) In the case of a facility not owned by the
Department, a description of the nature of the contract
providing for the detention of aliens at the facility.
(J) The average, median, 25th quartile, and 50th
quartile number of days that an alien has been detained
at the facility during the preceding month.
(f) Online Detainee Locator System.--The Secretary shall ensure
that the online detainee locator system maintained by the Department,
or any successor system, is updated not later than 12 hours after an
alien is--
(1) taken into, or released from, custody by the
Department;
(2) transferred to, or detained in, a detention facility;
or
(3) removed from the United States.
(g) Information Collected and Maintained for Aliens in DHS
Custody.--The Secretary shall collect and maintain, for each alien in
the custody of the Department, the following information:
(1) The gender and age of the alien.
(2) The date on which the alien was taken into such
custody.
(3) The country of nationality of the alien.
(4) Whether the alien is considered a vulnerable person (as
such term is defined in section 236(c)(5) of the Immigration
and Nationality Act, as amended by section 9) or a primary
caregiver.
(5) The provision of law pursuant to which the Secretary is
authorized to detain the alien.
(6) The name of the facility in which the alien is
detained.
(7) With respect to any transfer of the alien to another
detention facility--
(A) a description of the transfer of the alien to
the other detention facility;
(B) the reason for the transfer; and
(C) in the case of a transfer effectuated despite
presence of the alien's legal counsel or immediate
relative in the jurisdiction of the original detention
facility, a justification for such transfer.
(8) The status and basis of any removal proceedings of
which the alien is the subject.
(9) The initial custody determination made by U.S.
Immigration and Customs Enforcement, including any review of
such determination.
(10) The date of the alien's release or removal, and the
reason for such release or removal, as applicable.
(11) Whether the alien is subject to a final order of
removal.
(12) Whether the alien was apprehended as part of a family
unit.
(13) Whether the alien was separated from a family unit at
the border or in the interior of the United States.
SEC. 6. CIVIL ACTIONS.
(a) Civil Action for Violation of Standards.--
(1) In general.--An individual detained in a facility
required to comply with the standards established under section
4 who is injured as a result of a violation of such standards
may file a claim in the appropriate district court of the
United States.
(2) Recovery.--In a civil action under this subsection, the
court may order injunctive relief and compensatory damages, and
may award the prevailing party reasonable attorney fees, and
costs.
SEC. 7. DETENTION FACILITY CONSTRUCTION AND MAINTENANCE.
(a) Restriction on Construction.--
(1) In general.--Not later than 180 days before initiating,
or entering into a contract for, the construction of a new
facility or the expansion of an existing facility for the
detention of aliens in the custody of the Department, the
Secretary shall submit to the appropriate committees of
Congress a notification of the plan to construct or expand such
facility, including--
(A) the location, size, and capacity of such
facility;
(B) the anticipated timeline and cost of
constructing or expanding such facility; and
(C) the intended population to be detained at such
facility, including the gender and ages of such
population.
(2) Public availability.--The Secretary shall make the
information described in paragraph (1) available to the public
on the internet website of the Department.
(b) Phase-Out of Private Detention Facilities and Use of Jails.--
(1) Secure detention facilities.--
(A) In general.--The Secretary--
(i) may not enter into or extend any
contract or agreement with any public or
private for-profit entity that owns or operates
a detention facility for use of such facility
to detain aliens in the custody of the
Department; and
(ii) shall terminate any contract or
agreement described in clause (i) not later
than the date that is 3 years after the date of
the enactment of this Act.
(B) Ownership requirement.--Beginning on the date
that is 3 years after the date of the enactment of this
Act, any facility at which aliens in the custody of the
Department are detained shall be owned and operated by
the Department.
(2) Alternatives to detention programs.--
(A) In general.--The Secretary--
(i) may not enter into or extend any
contract or agreement with any public or
private for-profit entity for the operation of
a program or the use of a facility for
nonresidential, detention-related activities
for aliens who are subject to monitoring by the
Department; and
(ii) shall terminate any contract or
agreement described in clause (i) not later
than the date that is 3 years after the date of
the enactment of this Act.
(B) Ownership and operation requirement.--Beginning
on the date that is 3 years after the date of the
enactment of this Act, any program or facility used for
the activities described in subparagraph (A)(i) shall
be owned and operated by a nonprofit organization or
the Department.
(3) Implementation plan.--Not later than 60 days after the
date of the enactment of this Act, the Secretary shall develop,
and make publicly available, a plan and timeline for the
implementation of this subsection.
(c) Facility Requirement.--The Secretary shall ensure that each
facility for the detention of aliens has a visitor waiting and security
screening area that is indoor and climate-controlled.
SEC. 8. APPEARANCE OF DETAINED ALIENS FOR OTHER LEGAL MATTERS.
The Secretary shall establish rules to ensure that any alien
detained in the custody of the Department who is required to appear in
Federal or State court (including family court) for another matter is
transported by an officer or employee of the Department to such court
proceeding.
SEC. 9. PROCEDURES FOR DETAINING ALIENS.
(a) Probable Cause and Custody Determination Hearings.--Section 236
of the Immigration and Nationality Act (8 U.S.C. 1226) is amended to
read as follows:
``apprehension and detention of aliens
``Sec. 236. (a) Arrest, Detention, and Release.--
``(1) In general.--On a warrant issued by an immigration
judge, or pursuant to section 287(a)(2), the Secretary of
Homeland Security may arrest an alien, and in accordance with
this section, detain the alien or release the alien on bond,
subject to conditions, or recognizance, pending a decision on
whether the alien is to be removed from the United States.
``(2) Exemption for unaccompanied alien children.--
``(A) In general.--This section shall not apply to
unaccompanied alien children (as defined in section
462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))).
``(B) Transfer of custody.--Any unaccompanied alien
child in the custody of the Secretary of Homeland
Security shall be transferred to the custody of the
Secretary of Health and Human Services pursuant to
section 235(b)(3) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of
2008 (8 U.S.C. 1232(b)(3)).
``(b) Bond Determination.--
``(1) In general.--An immigration judge who releases an
alien on bond under this section shall--
``(A) consider, for purposes of setting the amount
of the bond, the alien's financial position and ability
to pay the bond without imposing financial hardship on
the alien; and
``(B) set bond at an amount no greater than
necessary to ensure the alien's appearance for removal
proceedings.
``(2) Inability to pay bond.--The Secretary of Homeland
Security may not continue to detain an alien solely based on
the alien's inability to pay bond.
``(c) Custody Determination.--
``(1) Initial determination.--
``(A) In general.--Not later than 48 hours after
taking an alien into custody pursuant to this section
or section 235, or with respect to an alien subject to
a reinstated order of removal pursuant to section
241(a)(5) who has been found to have a credible or
reasonable fear of return, the Secretary of Homeland
Security shall make an initial custody determination
with regard to the alien, and provide such
determination in writing to the alien.
``(B) Least restrictive conditions.--With respect
to a custody determination under subparagraph (A), if
the Secretary determines that the release of an alien
will not reasonably ensure the appearance of the alien
as required or will endanger the safety of any other
person or the community, the Secretary shall impose the
least restrictive conditions, as described in paragraph
(4).
``(2) Timing.--
``(A) In general.--An alien who seeks to challenge
the initial custody determination under paragraph (1)
shall be provided with the opportunity for a hearing
before an immigration judge not later than 72 hours
after the initial custody determination to determine
whether the alien should be detained.
``(B) Access to counsel.--On request by an alien,
or the legal counsel of an alien, an immigration judge
may grant a reasonable continuance of a hearing under
subparagraph (A) to provide the alien or such legal
counsel additional time to prepare for the hearing.
``(3) Presumption of release.--
``(A) In general.--In a hearing under this
subsection, there shall be a presumption that the alien
should be released.
``(B) Rebuttal.--
``(i) In general.--The Secretary of
Homeland Security has the duty of rebutting
this presumption, which may only be shown based
on clear and convincing evidence, including
credible and individualized information, that
the use of alternatives to detention will not
reasonably ensure the appearance of the alien
at removal proceedings, or that the alien is a
threat to another person or the community.
``(ii) Consideration.--The Attorney
General--
``(I) shall consider the totality
of each case; and
``(II) may not rely on an alien's
criminal conviction, arrest, pending
criminal charge, or combination thereof
as the sole factor to justify the
continued detention of the alien.
``(4) Least restrictive conditions required.--
``(A) In general.--If an immigration judge
determines, pursuant to a hearing under this section,
that the release of an alien will not reasonably ensure
the appearance of the alien as required or will
endanger the safety of any other person or the
community, the immigration judge shall order the least
restrictive conditions, or combination of conditions,
that the judge determines will reasonably ensure the
appearance of the alien as required and the safety of
any other person and the community, which may include--
``(i) release on recognizance;
``(ii) secured or unsecured release on
bond; or
``(iii) participation in a program
described in subsection (f).
``(B) Monthly review.--Not less frequently than
monthly, the immigration judge shall review any
condition assigned to an alien pursuant to subparagraph
(A).
``(C) Modification of conditions of supervision.--
An immigration judge may modify or rescind conditions
of supervision imposed on an alien by the Secretary of
Homeland Security.
``(5) Special rule for vulnerable persons and primary
caregivers.--
``(A) In general.--In the case of an alien subject
to a custody determination under this subsection who is
a vulnerable person or a primary caregiver, the alien
may not be detained unless the Secretary of Homeland
Security demonstrates, in addition to the requirements
under paragraph (3), that it is unreasonable or not
practicable to place the alien in a community-based
supervision program.
``(B) Definitions.--In this paragraph:
``(i) Material witness.--The term `material
witness' means an individual who presents a
declaration to an attorney investigating,
prosecuting, or defending the workplace claim
or from the presiding officer overseeing the
workplace claim attesting that, to the best of
the declarant's knowledge and belief,
reasonable cause exists to believe that the
testimony of the individual will be relevant to
the outcome of the workplace claim.
``(ii) Primary caregiver.--The term
`primary caregiver' means an individual who is
established to be a caregiver, parent, or close
relative caring for or traveling with a child.
``(iii) Vulnerable person.--The term
`vulnerable person' means an individual who--
``(I) is under 21 years of age or
over 60 years of age;
``(II) is pregnant;
``(III) identifies as lesbian, gay,
bisexual, transgender, queer, or
intersex;
``(IV) is a victim or witness of a
crime;
``(V) has filed a nonfrivolous
civil rights claim in Federal or State
court;
``(VI) has filed, or is a material
witness to, a bonafide workplace claim;
``(VII) has a serious mental or
physical illness or disability;
``(VIII) has been determined by an
asylum officer in an interview
conducted under section 235(b)(1)(B) to
have a credible fear of persecution or
torture;
``(IX) has limited English language
proficiency and is not provided access
to appropriate and meaningful language
services in a timely fashion; or
``(X) has been determined by an
immigration judge or by the Secretary
of Homeland Security to have
experienced or to be experiencing
severe trauma or to be a survivor of
torture or gender-based violence, based
on information obtained during intake,
from the alien's attorney or legal
service provider, or through credible
self-reporting.
``(iv) Workplace claim.--The term
`workplace claim' means any written or oral
claim, charge, complaint, or grievance filed
with, communicated to, or submitted to the
employer, a Federal, State, or local agency or
court, or an employee representative related to
the violation of applicable Federal, State, and
local labor laws, including laws concerning
wages and hours, labor relations, family and
medical leave, occupational health and safety,
civil rights, or nondiscrimination.
``(6) Subsequent determinations.--An alien detained under
this section shall be provided with a de novo custody
determination hearing under this subsection--
``(A) not later than 30 days after the date of the
enactment of this Act;
``(B) every 60 days; and
``(C) upon showing of a change in circumstances or
good cause for such a hearing.
``(d) Release Upon an Order Granting Relief From Removal.--The
Secretary of Homeland Security--
``(1) shall immediately release an alien with respect to
whom an immigration judge has entered an order providing relief
from removal (including an order granting asylum or
withholding, deferral, or cancellation of removal) or an order
terminating removal proceedings, which order is pending appeal,
upon entry of the order; and
``(2) may impose only reasonable conditions on the alien's
release from custody.
``(e) Prohibition on Detention of Children.--Notwithstanding any
other provision of this Act, the Secretary of Homeland Security may not
detain in a facility operated or contracted by U.S. Immigration and
Customs Enforcement any individual who is under the age of 18 years.
``(f) Community-Based Case Management Program.--
``(1) In general.--The Secretary of Homeland Security shall
establish, outside of the purview of U.S. Immigration and
Customs Enforcement, a community-based case management program
that--
``(A) provides alternatives to detaining aliens;
``(B) offers a continuum of community-based support
options and services, including--
``(i) case management; and
``(ii) access to--
``(I) social services;
``(II) medical and mental health
services;
``(III) housing;
``(IV) transportation; and
``(V) legal services; and
``(C) provides services in the appropriate
language.
``(2) Prohibition on electronic surveillance.--The program
under paragraph (1) may not include, as an alternative to
detention, the provision of ankle monitors or other forms of
electronic surveillance.
``(3) Within 180 days, the Secretary shall undertake a
study to examine best practices of government-funded case
management and related services, including exploring the
possibility of funding case management services out of the
Department.
``(4) Contracts.--
``(A) In general.--The Secretary may enter into 1
or more contracts to operate the case management
program described in paragraph (1).
``(B) Prioritization.--In entering into a contract
under subparagraph (A), the Secretary shall give
priority to direct contracts with qualified
nongovernmental community-based organizations that have
experience providing services to immigrant, refugee,
and asylum-seeking populations.
``(5) Individualized determination required.--
``(A) In general.--In determining whether to order
an alien to participate in a program under this
subsection, the Secretary or the immigration judge, as
appropriate, shall make an individualized determination
to determine the appropriate level of supervision for
the alien.
``(B) Exemption.--Participation in a program under
this subsection may not be ordered for an alien for
whom it is determined that release on reasonable bond
or recognizance will reasonably ensure the appearance
of the alien as required and the safety of any other
person and the community.
``(6) Prohibition on fees for alternatives to detention.--
An alien who is required to participate in a specific
alternatives to detention program or service may not be charged
a fee for such participation.
``(7) Case management review.--Not later than 180 days
after the date of the enactment of the Dignity for Detained
Immigrants Act, the Secretary shall conduct a review of--
``(A) best practices in federally funded case
management programs; and
``(B) the feasibility of transferring alternatives
to detention case management programs out of the
purview of the Department of Homeland Security.''.
(b) Probable Cause Hearing.--Section 287(a) of the Immigration and
Nationality Act (8 U.S.C. 1357(a)(2)) is amended by striking the
subsection designation and all that follows through ``United States;''
in paragraph (2) and inserting the following:
``(a) In General.--Any officer or employee of the Department of
Homeland Security authorized under regulations prescribed by the
Secretary of Homeland Security shall have power without warrant--
``(1) to interrogate any alien or person believed to be an
alien as to the person's right to be or to remain in the United
States, provided that such interrogation is not based on the
person's race, ethnicity, national origin, religion, sexual
orientation, color, spoken language, or English language
proficiency; and
``(2) to arrest any alien who, in the presence or view of
the officer or employee, is entering or attempting to enter the
United States in violation of any law or regulation made
pursuant to law regulating the admission, exclusion, expulsion,
or removal of aliens, or to arrest any alien in the United
States, if--
``(A) the officer or employee has probable cause to
believe that--
``(i) the alien is in the United States in
violation of any such law or regulation; and
``(ii) is likely to escape before a warrant
can be obtained for the arrest of the alien;
``(B) the officer or employee has reason to believe
that the alien would knowingly and willfully fail to
appear in immigration court in response to a properly
served notice to appear; and
``(C) not later than 48 hours after being taken
into custody, the alien is provided with a hearing
before an immigration judge to determine whether there
was probable cause for such arrest, including probable
cause to believe that the alien would have knowingly
and willfully failed to appear as required under
subparagraph (B) if the alien had not been arrested,
which burden to establish probable cause shall be on
the Department of Homeland Security;''.
(c) Mandatory Detention Repealed.--
(1) In general.--The Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended--
(A) in section 235(b) (8 U.S.C. 1225(b))--
(i) in paragraph (1)(B)--
(I) in clause (ii), by striking
``detained'' and inserting
``referred''; and
(II) in clause (iii), by striking
subclause (IV); and
(ii) in paragraph (2)(A), by striking
``detained'' and inserting ``referred'';
(B) by striking section 236A (8 U.S.C. 1226);
(C) in section 238(a)(2) (8 U.S.C. 1228(a)(2)), by
striking ``pursuant to section 236(c),''; and
(D) in section 506(a)(2) (8 U.S.C. 1536(a)(2))--
(i) by amending the heading to read as
follows: ``Release hearing for aliens
detained''; and
(ii) in subparagraph (A)--
(I) by amending the heading to read
as follows: ``In general'';
(II) in the matter preceding clause
(i), by striking ``lawfully admitted
for permanent residence'';
(III) by striking clause (i); and
(IV) by redesignating clauses (ii)
and (iii) as clauses (i) and (ii),
respectively.
(2) Conforming amendments.--
(A) The table of sections for the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended by
striking the item relating to section 236A.
(B) Section 241(c)(3)(A)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1231(c)(3)(A)(ii)) is
amended--
(i) in subclause (I), by striking the comma
at the end and inserting ``; or'';
(ii) in subclause (II), by striking ``,
or'' and inserting a period; and
(iii) by striking subclause (III).
(d) Aliens Ordered Removed.--
(1) In general.--Section 241(a) of the Immigration and
Nationality Act (8 U.S.C. 1231(a)) is amended--
(A) in paragraph (1), by striking ``90 days'' each
place it appears and inserting ``60 days'';
(B) by amending paragraph (2) to read as follows:
``(2) Initial custody redetermination hearing.--
``(A) In general.--Not later than 72 hours after
the entry of a final administrative order of removal,
the alien ordered removed shall be provided with a
custody redetermination hearing before an immigration
judge.
``(B) Presumption of detention.--For purposes of
the hearing under subparagraph (A), the alien shall be
detained during the removal period unless the alien
demonstrates by the preponderance of the evidence
that--
``(i) the alien's removal is not reasonably
foreseeable; and
``(ii) the alien does not pose a risk to
the safety of any individual or to the
community.'';
(C) in paragraph (3)--
(i) in the paragraph heading, by striking
``90-day'' and inserting ``60-day''; and
(ii) in the matter preceding subparagraph
(A), by striking ``the alien, pending removal,
shall be subject to supervision under'' and
inserting the following: ``except as provided
in paragraph (6), any alien who has been
detained during the removal period shall be
released from custody, pending removal, subject
to individualized supervision requirements in
accordance with'';
(D) by amending paragraph (6) to read as follows:
``(6) Subsequent custody redetermination hearings.--
``(A) In general.--The Secretary of Homeland
Security may request a subsequent redetermination
hearing before an immigration judge seeking continued
detention for an alien ordered to be detained pursuant
to paragraph (2) who has not been removed within the
removal period.
``(B) Standard.--An alien may only be detained
after the removal period upon a showing by the
Secretary of Homeland Security that--
``(i) the alien's removal is reasonably
foreseeable; or
``(ii) the alien poses a risk to the safety
of an individual or the community, which may
only be established based on credible and
individualized information and may not be
established based only on the fact that the
alien has been charged with or is suspected of
a crime.
``(C) Period of detention.--
``(i) In general.--An alien may not be
detained pursuant to an order under this
paragraph for longer than a 60-day period.
``(ii) Subsequent redetermination
hearing.--The Secretary of Homeland Security
may seek subsequent redetermination hearings
under this paragraph in order to continue
detaining an alien beyond each such 60-day
period.''; and
(E) by striking paragraph (7).
(2) Technical and conforming amendments.--The Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(A) in section 238 (8 U.S.C. 1228)--
(i) in subsection (a)(1)--
(I) by moving the paragraph 2 ems
to the right;
(II) by amending the paragraph
heading to read as follows: ``In
general''; and
(III) in the first sentence--
(aa) by striking ``section
241(a)(2)(A)(iii)'' and
inserting ``section
237(a)(2)(A)(iii)'';
(bb) by striking ``section
241(a)(2)(A)(ii)'' and
inserting ``section
237(a)(2)(A)(ii)''; and
(cc) by striking ``section
241(a)(2)(A)(i)'' and inserting
``237(a)(2)(A)(i)'';
(ii) in the second subsection (c)--
(I) in paragraph (2)(B), by
striking ``section 241(a)(2)(A)'' and
inserting ``section 237(a)(2)(A)''; and
(II) in paragraph (4), by striking
``section 241(a)'' and inserting
``section 237(a)''; and
(iii) by redesignating the second
subsection (c) as subsection (d);
(B) in section 276(b)(4) (8 U.S.C. 1326(b)(4)), by
striking ``section 241(a)(4)(B)'' and inserting
``section 237(a)(4)(B)''; and
(C) in section 501(1) (8 U.S.C. 1531(1)), by
striking ``section 241(a)(4)(B)'' and inserting
``section 237(a)(4)(B)''.
SEC. 10. PROHIBITION ON SOLITARY CONFINEMENT.
(a) In General.--An individual in the custody of the Department may
not be placed in solitary confinement.
(b) Definition of Solitary Confinement.--In this section, the term
``solitary confinement''--
(1) means the confinement of an individual to the
individual's cell, alone or with a cellmate, whether pursuant
to disciplinary, administrative, or classification action; and
(2) does not include the confinement of an individual to an
individual's cell during designated sleeping time.
SEC. 11. LEGAL ORIENTATION.
(a) Program.--The Secretary of Homeland Security shall ensure that
each facility used to detain aliens provides access to the Legal
Orientation Program (or any successor program), to be operated by a
nonprofit nongovernmental organization with demonstrated immigration
law expertise, for each alien detained at such facility, whether or not
such facility is owned by the Department.
(b) Orientation.--The Secretary of Homeland Security shall ensure
that each alien described in subsection (a) receives a legal
orientation under such subsection, which may be provided in a group
setting, as soon as practicable after entering the detention facility,
but in no case after the initial hearing before an immigration judge.
SEC. 12. ACCESS TO COUNSEL.
The Secretary of Homeland Security shall permit an alien who has
counsel in accordance with section 292 of the Immigration and
Nationality Act (8 U.S.C. 1362) to access such counsel, in a private,
confidential setting, including through confidential contact with
counsel through in person, telephonic, or televideo meetings.
SEC. 13. CONGRESSIONAL OVERSIGHT.
(a) Oversight.--The Secretary of Homeland Security shall permit a
covered person to enter, for the purpose of conducting oversight, any
facility operated by or for the Department used to detain or otherwise
house aliens for any period of time, and may not make any temporary
modification at any such facility that in any way alters what is
observed by a visiting covered person, compared to what would be
observed in the absence of such modification.
(b) No Prior Notice for Members.--A covered person described in
subsection (b)(1) may not be required to provide prior notice of the
intent to enter a facility described in subsection (a) for the purpose
of conducting oversight.
(c) Notice for Employees.--
(1) Employees not accompanying a member.--Except as
provided in paragraph (2), the Secretary of Homeland Security
may require a covered person described in subsection (b)(2) to
provide notice to a facility described in subsection (a) at
least 24 hours in advance of entry into such facility.
(2) Employees accompanying a member.--The notice described
in paragraph (1) shall not be required for a covered person
described in subsection (b)(2) who is accompanying a covered
person described in subsection (b)(1).
(d) Covered Person Defined.--In this section, the term ``covered
person'' means--
(1) a Member of Congress; and
(2) an employee of the House of Representatives or the
Senate designated by such a Member for the purpose of this
section.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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