[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3702 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3702
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 SENATE OF THE UNITED STATES
January 27, 2026
Mr. Booker (for himself, Ms. Warren, Mr. Welch, Mr. Markey, Mr.
Sanders, Mrs. Murray, Mr. Padilla, Mr. Kim, Mr. Wyden, Ms. Duckworth,
and Mr. Schiff) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
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) Inspector general.--The term ``Inspector General''
means the Inspector General of the Department of Homeland
Security.
(4) 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, by regulation, shall establish
detention standards for each facility at which aliens in the custody of
the Department are detained.
(b) Minimum Protection.--The standards established pursuant to
subsection (a) shall provide, at a minimum, the level of protection for
detainees described in the American Bar Association's Civil Immigration
Detention Standards (adopted in August 2012 and modified in August
2014).
(c) Biennial Updates.--Not less frequently than biennially, the
Secretary shall review and update the standards established pursuant to
subsection (a), 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 shall conduct an
unannounced, in-person inspection of each facility at which
aliens in the custody of the Department are being detained to
ensure that each such facility is in compliance with the
standards established pursuant to section 4.
(2) Report.--Not later than 60 days after conducting each
inspection pursuant to paragraph (1), the Inspector General
shall--
(A) submit a report to the Secretary containing the
results of such inspection; and
(B) post such report to the public on an 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 pursuant to
section 4 for the first time during any 2-year
period, and such noncompliance constitutes a
deficiency that threatens the health, safety,
or rights of any detainees housed at such
facility--
(I) the Inspector General shall
notify the Secretary of such
determination; and
(II) the Secretary--
(aa) in the case of a
facility not owned by the
Department, shall 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) shall 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 such
warning; and
(BB) not later than
60 days after the
issuance of the warning
described in subitem
(AA), shall 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 pursuant to 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
pursuant to section 4.
(B) Subsequent failures.--If the Inspector General
determines that a facility has failed to comply with
the standards established pursuant to section 4 in 2 or
more inspections conducted pursuant to paragraph (1)
during any 2-year period, and such noncompliance
constitutes a deficiency that threatens the health,
safety, or rights of any detainees housed at such
facility--
(i) the Inspector General shall notify the
Secretary of such determination; and
(ii) the Secretary--
(I) in the case of a facility not
owned by the Department--
(aa) not later than 30 days
after receiving such
notification, shall transfer
each detainee housed at such
facility to a facility that
does comply with such
standards;
(bb) shall terminate the
contract with the owner or
operator of the facility; and
(cc) shall ensure that no
funds made available to the
Department are 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, shall transfer
each detainee housed at such
facility to a facility that
does comply with such
standards; and
(bb) shall suspend the use
of such facility until after
the Inspector General--
(AA) has certified
to the Secretary that
such facility is in
compliance with such
standards; and
(BB) makes
available to the public
on an internet website
of the Department
information relating to
the remedial measures
that have been taken at
such facility.
(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 systemwide errors
that may reduce the probability of such an event in the
future.
(B) Root cause analysis.--Each root cause analysis
required under subparagraph (A) shall be carried out--
(i) by appropriately qualified personnel,
including 1 or more medical professionals
qualified in a field relevant to the cause of
death; and
(ii) in accordance with professional
medical standards for investigating sentinel
events in medical care facilities, including
the Sentinel Event Policy adopted by The Joint
Commission in 1996.
(C) Public report.--Not later than 60 days after a
death described in paragraph (1), the Secretary shall--
(i) issue a full report describing the
results of the investigation required under
subparagraph (A); and
(ii) make such report available to the
public on an 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 pursuant to subparagraph
(C) with respect to such death.
(3) Defined term.--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--
(i) may have resulted from a health problem
that existed before or during the detention of
the alien; or
(ii) was exacerbated by such detention.
(c) Report to Congress.--
(1) In general.--Not less frequently than annually, the
Secretary shall submit a report to the appropriate committees
of Congress regarding the inspections and oversight of
facilities at which aliens in the custody of the Department are
being detained.
(2) Elements.--Each report required under paragraph (1)
shall include, with respect to the preceding 12-month period--
(A) a list of the detention facilities found by the
Inspector General to be noncompliant with the standards
established pursuant to section 4;
(B) for each such facility, a description of the
remedial actions taken, or planned to be taken, by the
Secretary to achieve compliance with such standards;
and
(C) a determination as to whether such remedial
actions have brought such facility into compliance with
such standards.
(d) Classification of Documents for Purposes of FOIA.--The reports
required under 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 subject to public
disclosure under 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 website of
the Department contains the information described in paragraph
(2) for each facility at which aliens in the custody of the
Department are being detained.
(2) Elements.--The information described in this paragraph
is, for each such facility--
(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 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 an adult;
(H) whether the facility is in compliance with the
standards established pursuant to section 4;
(I) if the facility is not owned by the Department,
a description of the nature of the contract providing
for the detention of aliens at such facility; and
(J) the average, median, 25th quartile, and 50th
quartile number of days that aliens have been detained
at the facility during the preceding month.
(f) Online Detainee Locator System.--The Secretary shall ensure 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 Regarding Aliens in DHS
Custody.--The Secretary shall collect and maintain, for each alien in
the custody of the Department--
(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(a) of this Act);
(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) if the alien was transferred 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) if the transfer was effectuated despite the
presence of the alien's legal counsel or immediate
relative in the jurisdiction of the original detention
facility, the justification for such transfer;
(8) the status and basis of any removal proceedings to
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; and
(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 FOR VIOLATION OF STANDARDS.
(a) In General.--An individual who is detained in a facility
required to comply with the standards established pursuant to section 4
and is injured as a result of a violation of any such standard may file
a claim in the appropriate district court of the United States.
(b) Recovery.--In a civil action brought under this section, the
court may--
(1) order injunctive relief and award compensatory damages;
and
(2) 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 an 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 the 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 used 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 promulgate 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:
``SEC. 236. APPREHENSION AND DETENTION OF ALIENS.
``(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--
``(A) arrest an alien; and
``(B) 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
individual 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 established
based on clear and convincing evidence,
including credible and individualized
information, that--
``(I) the use of alternatives to
detention will not reasonably ensure
the appearance of the alien at removal
proceedings; or
``(II) the alien is a threat to any
other individual 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 individual 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 meeting 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 a workplace claim or
from the presiding officer overseeing a
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 younger than 21 years of
age or older than 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 a 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 in accordance with 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,
or 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
pursuant to 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 the Dignity for Detained Immigrants 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 younger than 18 years of age.
``(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) Case management study.--Not later than 180 days after
the date of the enactment of the Dignity for Detained
Immigrants Act, the Secretary of Homeland Security shall
conduct a study to examine best practices of government-funded
case management and related services, including exploring the
feasibility of the Department of Homeland Security funding case
management services.
``(4) Contracts.--
``(A) In general.--The Secretary of Homeland
Security may enter into 1 or more contracts to operate
the case management program established pursuant to
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 case management program
under this subsection, the Secretary of Homeland
Security 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 case
management 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)) is amended by striking the
subsection designation and all that follows through the end of
paragraph (2) and inserting the following:
``(a) In General.--Any officer or employee of the Department of
Homeland Security who is 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
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 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. 1226a);
(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 paragraph heading to
read as follows: ``Release hearing for aliens
detained''; and
(ii) in subparagraph (A)--
(I) by amending the subparagraph
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) Clerical amendment.--The table of contents of
the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) is amended by striking the item relating to
section 236A.
(B) Technical amendments.--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 such phrase 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 required 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; or
``(ii) the alien does not pose a risk to
the safety of any individual or 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 ``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 was not removed during 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--
``(I) may only be established based
on credible and individualized
information; and
``(II) may not be established based
solely 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 60 days.
``(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), by amending
paragraph (1) to read as follows:
``(1) In general.--The Attorney General shall provide for
the availability of special removal proceedings at certain
Federal, State, and local correctional facilities for aliens
convicted of any criminal offense described in subparagraphs
(A)(iii), (B), (C), or (D), of section 237(a)(2), or any
offense described in section 237(a)(2)(A)(ii) for which both
predicate offenses are, without regard to the date of their
commission, otherwise described in section 237(a)(2)(A)(i).
Such proceedings shall be conducted in conformity with section
240 (except as otherwise provided under this section), and in a
manner which eliminates the need for additional detention at
any processing center of the Department of Homeland Security
and in a manner that ensures expeditious removal following the
end of the alien's incarceration for the underlying sentence.
Nothing in this section may 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.'';
(ii) by redesignating the second subsection
(c) as subsection (d); and
(iii) in subsection (d), as redesignated--
(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)'';
(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) Defined Term.--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
such individual's assigned 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 each alien detained in
such facility with access to the Legal Orientation Program (or any
successor program), whether or not such facility is owned by the
Department. Such program shall be operated by a nonprofit,
nongovernmental organization with demonstrated immigration law
expertise.
(b) Orientation.--The Secretary of Homeland Security shall ensure
that each alien described in subsection (a) receives the legal
orientation required under such subsection, which may be provided in a
group setting, as soon as practicable after entering the detention
facility, which orientation may not be delayed until after the initial
hearing before an immigration judge.
SEC. 12. ACCESS TO COUNSEL.
The Secretary of Homeland Security shall permit an alien who has
obtained counsel in accordance with section 292 of the Immigration and
Nationality Act (8 U.S.C. 1362) to access such counsel, including
through confidential contact with such counsel through in person,
telephonic, or televideo meetings.
SEC. 13. CONGRESSIONAL OVERSIGHT.
(a) Defined Term.--In this section, the term ``covered person''
means--
(1) a Member of Congress; or
(2) an employee of the Senate or the House of
Representatives designated by a Member of Congress for the
purposes of this section.
(b) In General.--The Secretary of Homeland Security--
(1) shall permit a covered person to enter, for the purpose
of conducting oversight, any facility operated by or for the
Department to detain or otherwise house aliens for any period;
and
(2) may not make any temporary modification at any such
facility that alters what is observed by a visiting covered
person, compared to what would be observed in the absence of
such modification.
(c) No Advance Notice for Covered Persons.--A Member of Congress
may not be required to provide advance notice of his or her intent to
enter a facility described in subsection (b)(1) for the purpose of
conducting oversight.
(d) Notice for Employees.--
(1) Employees not accompanying a covered person.--Except as
provided in paragraph (2), the Secretary of Homeland Security
may require a covered person described in subsection (a)(2) to
provide notice to the operator of a facility described in
subsection (b)(1) at least 24 hours in advance of the entry of
such covered person if he or she is not accompanied by a Member
of Congress.
(2) Employees accompanying a covered person.--The notice
required under paragraph (1) shall not be required for a
covered person described in subsection (a)(2) who is
accompanied by a Member of Congress.
<all>
Dignity for Detained Immigrants Act
#3702 | S Congress #119
Policy Area: Immigration
Subjects:
Last Action: Read twice and referred to the Committee on the Judiciary. (1/27/2026)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text