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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3146 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3146
To restore limited, free telephone service for detainees to facilitate
consultations with legal counsel and to maintain ties with their
families, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 6, 2025
Mr. Murphy (for himself, Mr. Durbin, Mrs. Murray, Ms. Alsobrooks, Mr.
Bennet, Mr. Blumenthal, Mr. Booker, Ms. Cortez Masto, Ms. Duckworth,
Mrs. Gillibrand, Ms. Hirono, Mr. Kim, Mr. Lujan, Mr. Markey, Mr.
Merkley, Mr. Padilla, Ms. Rosen, Mr. Sanders, Mr. Schiff, Mr. Van
Hollen, Ms. Warren, Mr. Welch, and Mr. Wyden) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To restore limited, free telephone service for detainees to facilitate
consultations with legal counsel and to maintain ties with their
families, 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 ``Restoring Access for Detainees
Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) individuals in civil immigration detention require
access to counsel to address their legal needs and their
ability to maintain ties with family and loved ones;
(2) while existing communication options in detention are
helpful, they do not adequately address the needs of detainees,
including detainees who are indigent or seeking legal
representation;
(3) in April 2020, the Trump administration instituted a
program in which detained individuals were provided up to 520
free minutes of telephone service per month to maintain contact
with families and legal representatives during the COVID-19
public health emergency, but that program was halted during
2024 due to a lack of funding;
(4) since U.S. Immigration and Customs Enforcement received
additional funding under section 100052 of Public Law 119-21
(commonly referred to as the ``One Big Beautiful Bill Act''), a
portion of such funding should be reserved for restoring the
free telephone service program for detainees to more
conveniently maintain contact with families and legal
representatives.
SEC. 3. DEFINITIONS.
In this Act:
(1) Communication.--The term ``communication'' means the
exchange of information through a phone call, email, video, or
any other form of electronic communication.
(2) Custody.--The term ``custody'' means, with respect to
an alien, that the alien is not free to leave, regardless of
whether the detaining agency is a Federal, State, or local
official or any contractors or subcontractors of any Federal
agency, including the United States military, and includes
legal or physical custody.
SEC. 4. RESTORATION OF FREE TELEPHONE SERVICE PROGRAM FOR DETAINEES AND
OTHER COMMUNICATION REQUIREMENTS.
(a) In General.--Subject to the protocols established pursuant to
subsection (b) and the restrictions established pursuant to subsection
(c), any alien who is in the custody of the Department of Homeland
Security shall be provided, at the expense of the Federal Government--
(1) during the first 5 hours of such custody and during the
5-hour period beginning at the time such alien arrives at a new
location, at least 1 communication of not less than 10 minutes
with an immediate family member to notify such family member
where the alien is being detained;
(2) if the alien is unable to initiate a communication with
any immediate family during any 5-hour period referred to in
paragraph (1), continued attempts to establish communication
with such family member until the alien is successful;
(3) at least 200 free minutes each month for outgoing
communication to any person referred to in paragraphs (1) and
(2);
(4) during the first 5 hours of such custody and during the
5-hour period beginning at the time such alien arrives at a new
location, an opportunity to establish private communication
with the alien's legal counsel or potential legal counsel or an
official at the appropriate consulate;
(5) an opportunity to establish private communication with
any official investigating detention conditions, including an
official from the Office of the Immigration Detention
Ombudsman, the Office of the Inspector General of the
Department of Homeland Security, or the Office for Civil Rights
and Civil Liberties; and
(6) unlimited free minutes for communication with--
(A) any person referred to in paragraphs (4) and
(5);
(B) the Executive Office for Immigration Review;
(C) the Board of Immigration Appeals;
(D) the local immigration court;
(E) any Federal or State court where the detained
individual is or may become involved in a legal
proceeding;
(F) the United Nations High Commissioner for
Refugees;
(G) any Federal, State, or local government office
for the purpose of obtaining documents relevant to the
alien's immigration case; and
(H) the U.S. Immigration and Customs Enforcement
Office of Professional Responsibility Joint Intake
Center.
(b) Protocols.--The Secretary of Homeland Security shall establish
protocols to ensure detained individuals are not prevented (either
through dissuasion or retaliation) from--
(1) accessing the means of communication described in
subsection (a); or
(2) making additional calls to other individuals at their
own expense.
(c) Time, Place, and Manner Restrictions.--
(1) In general.--Subject to paragraphs (2) and (3), each
detention facility is authorized to establish consistent
policies regulating the time, place, and manner of outgoing
communication authorized under subsection (a).
(2) Limitations.--Detention facilities may not--
(A) restrict the number of minutes detainees
communicate with their legal representatives;
(B) limit the duration of such communications by
rule or automatic cut-off; or
(C) include incoming calls towards the total free
minutes of communication required under subsection
(a)(3).
(3) Application.--The policies established pursuant to
paragraph (1) shall be--
(A) consistently applied;
(B) given to each alien at the time of his or her
arrival at a detention facility; and
(C) available at each detention facility for
examination by the public.
(d) Confidentiality.--
(1) In general.--Subject to paragraph (2), any
communication made pursuant to paragraph (4), (5), or (6) of
subsection (a)--
(A) may not be monitored or recorded; and
(B) shall take place in a space with auditory
privacy.
(2) Exception.--The limitation under paragraph (1) shall
not apply to a circumstance in which a government official has
a lawful warrant issued by a court of competent jurisdiction to
authorize the monitoring or recording of communication
described in such paragraph.
SEC. 5. SAVINGS PROVISION.
Nothing in this Act may be construed to limit or interfere with any
settlement agreement in effect on the date of the enactment of this
Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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