No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7335 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7335
To require U.S. Immigration and Customs Enforcement and U.S. Customs
and Border Protection to perform an initial health screening on
detainees, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 3, 2026
Mr. Ruiz (for himself, Ms. Wilson of Florida, Mr. Moulton, Ms. Elfreth,
Ms. Matsui, Ms. Norton, Ms. Barragan, Ms. Simon, Ms. Garcia of Texas,
Mrs. Watson Coleman, Mr. Garamendi, Ms. Ansari, Ms. Morrison, Ms.
Craig, Mr. Thanedar, Mr. Tonko, Mr. Espaillat, Ms. Wasserman Schultz,
Ms. Schrier, Ms. Tokuda, Mr. Krishnamoorthi, Mr. Johnson of Georgia,
Mrs. Grijalva, Ms. Ross, Mr. Correa, Ms. Jacobs, Mr. Bell, Mr. Neguse,
Ms. Salinas, Mr. Min, Mr. Liccardo, Ms. Kamlager-Dove, Mr. Khanna, Mr.
Quigley, Mr. Soto, Mr. Scott of Virginia, Mr. Mullin, Mr. Davis of
Illinois, Ms. Goodlander, Mr. Goldman of New York, Ms. Kelly of
Illinois, Ms. Kaptur, Ms. Hoyle of Oregon, Mr. Garcia of California,
Mr. Cleaver, Mr. Morelle, Mr. Walkinshaw, Mr. Mfume, Mrs. McClain
Delaney, Ms. Bonamici, Ms. Pettersen, Ms. Brown, Ms. Castor of Florida,
Mr. Vargas, Mr. Levin, Mr. Gomez, Ms. Velazquez, Ms. McBride, Mr.
Cohen, Mr. Lynch, Mr. Nadler, Mr. Lieu, Mr. Kennedy of New York, Mr.
Larsen of Washington, Ms. Brownley, Ms. Titus, Mr. Veasey, Ms. DeGette,
Mrs. Cherfilus-McCormick, Mr. Torres of New York, Mr. Pocan, Ms.
Lofgren, Mr. Subramanyam, and Ms. Lois Frankel of Florida) 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 require U.S. Immigration and Customs Enforcement and U.S. Customs
and Border Protection to perform an initial health screening on
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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Humanitarian
Standards for Individuals in ICE and CBP Custody Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Initial health screening protocol.
Sec. 3. Water, sanitation and hygiene.
Sec. 4. Food and nutrition.
Sec. 5. Shelter.
Sec. 6. Coordination and Surge capacity.
Sec. 7. Training.
Sec. 8. Interfacility transfer of care.
Sec. 9. Planning and initial implementation.
Sec. 10. Contractor compliance.
Sec. 11. Inspections.
Sec. 12. GAO report.
Sec. 13. Rules of construction.
Sec. 14. Publication of data on complaints of sexual abuse at ICE and
CBP facilities.
Sec. 15. Definitions.
SEC. 2. INITIAL HEALTH SCREENING PROTOCOL.
(a) In General.--The Director of U.S. Immigration and Customs
Enforcement and the Commissioner of U.S. Customs and Border Protection
(referred to in this Act as the ``Director and Commissioner''), in
consultation with the Secretary of Health and Human Services, the
Administrator of the Health Resources and Services Administration, and
nongovernmental experts in the delivery of health care in humanitarian
crises and in the delivery of health care to children, shall develop
guidelines and protocols for the provision of health screenings and
appropriate medical care for individuals in the custody of U.S.
Immigration and Customs Enforcement (referred to in this Act as
``ICE'') or U.S. Customs and Border Protection (referred to in this Act
as ``CBP''), as the case may be, as required under this section.
(b) Initial Screening and Medical Assessment.--The Director and
Commissioner shall ensure that any individual who is detained in the
custody of ICE or CBP, as the case may be, (referred to in this Act as
a ``detainee'') receives an initial in-person screening by a licensed
medical professional in accordance with the standards described in
subsection (c)--
(1) to assess and identify any illness, condition, or age-
appropriate mental or physical symptoms that may have resulted
from distressing or traumatic experiences;
(2) to identify acute conditions and high-risk
vulnerabilities; and
(3) to ensure that appropriate healthcare is provided to
individuals as needed, including pediatric, obstetric, and
geriatric care.
(c) Standardization of Initial Screening and Medical Assessment.--
(1) In general.--The initial screening and medical
assessment shall include the following:
(A) An interview and the use of a standardized
medical intake questionnaire or the equivalent.
(B) Screening of vital signs, including pulse rate,
body temperature, blood pressure, oxygen saturation,
and respiration rate.
(C) Screening for blood glucose for known or
suspected diabetics.
(D) Weight assessment of detainees under 12 years
of age.
(E) A physical examination.
(F) A risk-assessment and the development of a plan
for monitoring and care, when appropriate.
(2) Prescription medication.--The medical professional
shall review any prescribed medication that is in the
detainee's possession or that was confiscated by ICE or CBP, as
the case may be, upon arrival and determine if the medication
may be kept by the detainee for use during detention, properly
stored by ICE or CBP, as the case may be, with appropriate
access for use during detention, or maintained with the
detained individual's personal property. A detainee may not be
denied the use of necessary and appropriate medication for the
management of the detainee's illness.
(3) Rule of construction.--Nothing in this subsection may
be construed as requiring detainees to disclose their medical
status or history.
(d) Timing.--
(1) In general.--Except as provided in paragraph (2), the
initial screening and medical assessment described in
subsections (b) and (c) shall take place as soon as
practicable, but not later than 12 hours after a detainee's
arrival at an ICE or CBP facility, as the case may be.
(2) High priority individuals.--The initial screening and
medical assessment described in subsections (b) and (c) shall
take place as soon as practicable, but not later than 6 hours
after a detainee's arrival at an ICE or CBP facility, as the
case may be, if the individual reasonably self-identifies as
having a medical condition that requires prompt medical
attention or is--
(A) exhibiting signs of acute or potentially severe
physical or mental illness, or otherwise has an acute
or chronic physical or mental disability or illness;
(B) pregnant;
(C) a child (with priority given, as appropriate,
to the youngest children); or
(D) elderly.
(e) Further Care.--
(1) In general.--If, as a result of the initial health
screening and medical assessment, the licensed medical
professional conducting the screening or assessment determines
that one or more of the detainee's vital sign measurements are
significantly outside normal ranges in accordance with the
National Emergency Services Education Standards, or if the
detainee is identified as high-risk or in need of medical
intervention, the detainee shall be provided, as expeditiously
as possible, with an in-person or technology-facilitated
medical consultation with a licensed emergency care
professional.
(2) Re-evaluation.--
(A) In general.--Detainees described in paragraph
(1) shall be re-evaluated within 24 hours and monitored
thereafter as determined by an emergency care
professional (and in the care of a consultation
provided to a child, with a licensed emergency care
professional with a background in pediatric care).
(B) Reevaluation prior to transportation.--In
addition to the re-evaluations under subparagraph (A),
detainees shall have all vital signs re-evaluated and
be cleared as safe to travel by a medical professional
prior to transportation.
(3) Pyschological and mental care.--The Director and
Commissioner shall ensure that detainees who have experienced
physical or sexual violence or who have experienced events that
may cause severe trauma or toxic stress, are provided access to
basic, humane, and supportive psychological assistance.
(f) Interpreters.--To ensure that health screenings and medical
care required under this section are carried out in the best interests
of the detainee, the Director and Commissioner shall ensure that
language-appropriate interpretation services, including indigenous
languages, are provided to each detainee and that each detainee is
informed of the availability of interpretation services.
(g) Chaperones.--To ensure that health screenings and medical care
required under this section are carried out in the best interests of
the detainee--
(1) the Director and Commissioner shall establish
guidelines for and ensure the presence of chaperones for all
detainees during medical screenings and examinations consistent
with relevant guidelines in the American Medical Association
Code of Medical Ethics, and recommendations of the American
Academy of Pediatrics; and
(2) to the extent practicable, the physical examination of
a child shall always be performed in the presence of a parent
or legal guardian or in the presence of the detainee's closest
present adult relative if a parent or legal guardian is
unavailable.
(h) Documentation.--The Director and Commissioner shall ensure that
the health screenings and medical care required under this section,
along with any other medical evaluations and interventions for
detainees, are documented in accordance with commonly accepted
standards in the United States for medical record documentation. Such
documentation shall be provided to any individual who received a health
screening and subsequent medical treatment upon release from ICE or CBP
custody, as the case may be.
(i) Infrastructure and Equipment.--The Director and Commissioner or
the Administrator of General Services shall ensure that each location
to which detainees are first transported after an initial encounter
with an agent or officer of ICE or CBP, as the case may be, has the
following:
(1) A private space that provides a comfortable and
considerate atmosphere for the patient and that ensures the
patient's dignity and right to privacy during the health
screening and medical assessment and any necessary follow-up
care.
(2) All necessary and appropriate medical equipment and
facilities to conduct the health screenings and follow-up care
required under this section, to treat trauma, to provide
emergency care, including resuscitation of individuals of all
ages, and to prevent the spread of communicable diseases.
(3) Basic over-the-counter medications appropriate for all
age groups.
(4) Appropriate transportation to medical facilities in the
case of a medical emergency, or an on-call service with the
ability to arrive at the ICE or CBP facility, as the case may
be, within 30 minutes.
(j) Personnel.--The Director and Commissioner or the Administrator
of General Services shall ensure that each location to which detainees
are first transported after an initial encounter has onsite at least
one licensed medical professional to conduct health screenings. Other
personnel that are or may be necessary for carrying out the functions
described in subsection (e), such as licensed emergency care
professionals, specialty physicians (including physicians specializing
in pediatrics, family medicine, obstetrics and gynecology, geriatric
medicine, internal medicine, and infectious diseases), nurse
practitioners, other nurses, physician assistants. licensed social
workers, mental health professionals, public health professionals,
dieticians, interpreters, and chaperones, shall be located on site to
the extent practicable, or if not practicable, shall be available on
call.
(k) Ethical Guidelines.--The Director and Commissioner shall ensure
that all medical assessments and procedures conducted pursuant to this
section are conducted in accordance with ethical guidelines in the
applicable medical field, and respect human dignity.
SEC. 3. WATER, SANITATION AND HYGIENE.
The Director and Commissioner shall ensure that detainees have
access to the following:
(1) Not less than 1 gallon of drinking water per person per
day, and age-appropriate fluids as needed.
(2) A private, safe, clean, and reliable permanent or
portable toilet with proper waste disposal and a hand washing
station, with not less than 1 toilet available for every 12
male detainees, and 1 toilet for every 8 female detainees.
(3) A clean diaper changing facility, which includes proper
waste disposal, a hand washing station, and unrestricted access
to diapers.
(4) The opportunity to bathe daily in a permanent or
portable shower that is private and secure.
(5) Products for individuals of all age groups and with
disabilities to maintain basic personal hygiene, including
soap, a toothbrush, toothpaste, adult diapers, and feminine
hygiene products, as well as receptacles for the proper storage
and disposal of such products.
SEC. 4. FOOD AND NUTRITION.
The Director and Commissioner shall ensure that detainees have
access to the following:
(1) Three meals per day, including the following:
(A) In the case of an individual age 12 or older, a
diet that contains not less than 2,000 calories per
day.
(B) In the case of a child who is under the age of
12, a diet that contains an appropriate number of
calories per day based on the child's age and weight.
(2) Accommodations for any dietary needs or restrictions.
(3) Access to food in a manner that follows applicable food
safety standards.
SEC. 5. SHELTER.
The Director and Commissioner shall ensure that each facility at
which a detainee is detained meets the following requirements:
(1) Except as provided in paragraph (2), males and females
shall be detained separately.
(2) In the case of a minor child arriving in the United
States with an adult relative or legal guardian, such child
shall be detained with such relative or legal guardian unless
such an arrangement poses safety or security concerns. In no
case shall a minor who is detained apart from an adult relative
or legal guardian as a result of such safety or security
concerns be detained with other adults.
(3) In the case of an unaccompanied minor arriving in the
United States without an adult relative or legal guardian, such
child shall be detained in an age-appropriate facility and
shall not be detained with adults.
(4) A detainee with a temporary or permanent disability
shall be held in an accessible location and in a manner that
provides for his or her safety, comfort, and security, with
accommodations provided as needed.
(5) No detainee shall be placed in a room for any period of
time if the detainee's placement would exceed the maximum
occupancy level as determined by the appropriate building code,
fire marshal, or other authority.
(6) Each detainee shall be provided with temperature
appropriate clothing and bedding.
(7) The facility shall be well lit and well ventilated,
with the humidity and temperature kept at comfortable levels
(between 68 and 74 degrees Fahrenheit).
(8) Detainees who are in custody for more than 48 hours
shall have access to the outdoors for not less than 1 hour
during the daylight hours during each 24-hour period.
(9) Detainees shall have the ability to practice their
religion or not to practice a religion, as applicable.
(10) Detainees shall have access to lighting and noise
levels that are safe and conducive for sleeping throughout the
night between the hours of 10 p.m. and 6 a.m.
(11) Officers, employees, and contracted personnel of ICE
or CBP, as the case may be, shall--
(A) follow medical standards for the isolation and
prevention of communicable diseases; and
(B) ensure the physical and mental safety of
detainees who identify as lesbian, gay, bisexual,
transgender, and intersex.
(12) The facility shall have video-monitoring to provide
for the safety of the detained population and to prevent sexual
abuse and physical harm of vulnerable detainees.
(13) The Director and Commissioner shall ensure that
language-appropriate ``Detainee Bill of Rights'', including
indigenous languages, are posted or otherwise made available in
all areas where detainees are located. The ``Detainee Bill of
Rights'' shall include all rights afforded to the detainee
under this Act.
(14) Video from video-monitoring must be preserved for 90
days and the detention facility must maintain certified records
that the video-monitoring is properly working at all times.
SEC. 6. COORDINATION AND SURGE CAPACITY.
The Secretary of Homeland Security shall enter into memoranda of
understanding with appropriate Federal agencies, such as the Department
of Health and Human Services, and applicable emergency government
relief services, as well as contracts with health care, public health,
social work, and transportation professionals, for purposes of
addressing surge capacity and ensuring compliance with this Act.
SEC. 7. TRAINING.
The Director and Commissioner shall ensure that ICE and CBP
personnel, respectively, assigned to each short-term custodial facility
are professionally trained, including continuing education as the
Director and Commissioner, respectively, determines appropriate, in all
subjects necessary to ensure compliance with this Act, including the
following:
(1) Humanitarian response protocols and standards.
(2) Indicators of physical and mental illness, and medical
distress in children and adults.
(3) Indicators of child sexual exploitation and effective
responses to missing migrant children.
(4) Procedures to report incidents of suspected child
sexual abuse and exploitation directly to the National Center
for Missing and Exploited Children.
SEC. 8. INTERFACILITY TRANSFER OF CARE.
(a) Transfer.--When a detainee is discharged from a medical
facility or emergency department, the Director and Commissioner, as the
case may be, shall ensure that responsibility of care is transferred
from the medical facility or emergency department to an accepting
licensed health care provider of ICE or CBP, as the case may be.
(b) Responsibilities of Accepting Providers.--Such accepting
licensed health care provider shall review the medical facility or
emergency department's evaluation, diagnosis, treatment, management,
and discharge care instructions to assess the safety of the discharge
and transfer and to provide necessary follow-up care.
SEC. 9. PLANNING AND INITIAL IMPLEMENTATION.
(a) Planning.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Homeland Security shall submit to
Congress a detailed plan delineating the timeline, process, and
challenges of carrying out the requirements of this Act.
(b) Implementation.--The Secretary of Homeland Security shall
ensure that the requirements of this Act are implemented not later than
6 months after the date of enactment.
SEC. 10. CONTRACTOR COMPLIANCE.
The Secretary of Homeland Security shall ensure that all personnel
contracted to carry out this Act do so in accordance with the
requirements of this Act.
SEC. 11. INSPECTIONS.
(a) In General.--The Inspector General of the Department of
Homeland Security shall carry out the following:
(1) Conduct unannounced inspections of ports of entry,
border patrol stations, and detention facilities administered
by ICE or CBP, as the case may be, or contractors of ICE or
CBP, as the case may be.
(2) Submit to Congress, reports on the results of such
inspections as well as other reports of the Inspector General
related to custody operations.
(b) Particular Attention.--In carrying out subsection (a), the
Inspector General of the Department of Homeland Security shall pay
particular attention to the following:
(1) The degree of compliance by ICE and CBP with the
requirements of this Act.
(2) Remedial actions taken by ICE and CBP.
(3) The health needs of detainees.
(4) The degree of compliance with part 115 of title 6, Code
of Federal Regulations (commonly known as the ``Standards To
Prevent, Detect, and Respond to Sexual Abuse and Assault in
Confinement Facilities'').
(c) Access to Facilities.--The Director and Commissioner, as the
case may be, may not deny a Member of Congress entrance to any facility
or building used, owned, or operated by ICE or CBP, as the case may be.
SEC. 12. GAO REPORT.
(a) In General.--The Comptroller General of the United States
shall--
(1) not later than 6 months after the date of enactment of
this Act, commence a study on implementation of, and compliance
with, this Act; and
(2) not later than 1 year after the date of enactment of
this Act, submit a report to Congress on the results of such
study.
(b) Issues To Be Studied.--The study required by subsection (a)
shall examine the management and oversight by ICE and CBP of ports of
entry, border patrol stations, and other detention facilities,
including the extent to which ICE and CBP and the Department of
Homeland Security have effective processes in place to comply with this
Act. The study shall also examine the extent to which ICE and CBP
personnel, in carrying out this Act, make abusive, derisive, profane,
or harassing statements or gestures, or engage in any other conduct
evidencing hatred or invidious prejudice to or about one person or
group on account of race, color, religion, national origin, sex, sexual
orientation, age, or disability, including on social media.
SEC. 13. RULES OF CONSTRUCTION.
Nothing in this Act may be construed--
(1) as authorizing ICE or CBP to detain individuals for
longer than 72 hours;
(2) as contradicting the March 7, 2014, Department of
Homeland Security rule adopting Standards to Prevent, Detect,
and Respond to Sexual Abuse and Assault in Confinement
Facilities, which includes a zero tolerance policy prohibiting
all forms of sexual abuse and assault of individuals in U.S.
Customs and Border Protection custody, including in holding
facilities, during transport, and during processing;
(3) as contradicting current protocols related to
Department background checks in the hiring process;
(4) as restricting the Department from denying employment
to or terminating the employment of any individual who would be
or is involved with the handling or processing at holding
facilities, during transport, or during processing, or care of
detainees, including the care of children, and has been
convicted of a sex crime or other offense involving a child
victim; or
(5) as affecting the obligation to fully comply with all
applicable immigration laws, including being subject to any
penalties, fines, or other sanctions.
SEC. 14. PUBLICATION OF DATA ON COMPLAINTS OF SEXUAL ABUSE AT ICE AND
CBP FACILITIES.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Homeland Security, acting in coordination with the Office
of Inspector General and Office for Civil Rights and Civil Liberties,
shall publicly release aggregate data on complaints of sexual abuse at
ICE and CBP facilities on its website on a quarterly basis, excluding
any personally identifiable information that may compromise the
confidentiality of individuals who reported abuse.
SEC. 15. DEFINITIONS.
In this Act:
(1) Child.--The term ``child'' has the meaning given the
term in section 101(b)(1) of the Immigration and Nationality
Act (8 U.S.C. 1101(b)(1)).
(2) Forward operating base.--The term ``forward operating
base'' means a permanent facility established by CBP in forward
or remote locations, and designated as such by CBP.
(3) Interpretation services.--The term ``interpretation
services'' includes translation services that are performed
either in-person or through a telephone or video service.
(4) U.S. customs and border protection facility.--The term
``U.S. Customs and Border Protection Facility'' includes the
following:
(A) U.S. Border Patrol stations.
(B) Ports of entry.
(C) Checkpoints.
(D) Forward operating bases.
(E) Secondary inspection areas.
(F) Short-term custody facilities.
(5) U.S. immigration and customs enforcement facility.--The
term ``U.S. Immigration and Customs Enforcement facility''
means a confinement facility operated by or pursuant to
contract with U.S. Immigration and Customs Enforcement (ICE)
that routinely holds persons for over 24 hours pending
resolution or completion of immigration removal operations or
processes, including the following:
(A) Facilities that are operated by ICE.
(B) Facilities that provide detention services
under a contract awarded by ICE.
(C) Facilities used by ICE pursuant to an
Intergovernmental Service Agreement.
<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.
Sponsor introductory remarks on measure. (CR H2018)
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