HR 4470 IHCommentsClose CommentsPermalink

To ensure that individuals detained by the Department of Homeland Security are treated humanely, provided adequate medical care, and granted certain specified rights.CommentsClose CommentsPermalink

January 19, 2010CommentsClose CommentsPermalink

Ms. WATSON 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 concernedCommentsClose CommentsPermalink

To ensure that individuals detained by the Department of Homeland Security are treated humanely, provided adequate medical care, and granted certain specified rights.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Safe Treatment, Avoiding Needless Deaths, and Abuse Reduction in the Detention System Act’ or the ‘Strong STANDARDS Act’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) DETAINEE- The term ‘detainee’ means an individual who is subject to detention under the Immigration and Nationality Act.CommentsClose CommentsPermalink





(2) DETENTION- The term ‘detention’ means government custody or any other deprivation of an individual’s freedom of movement by government agents.CommentsClose CommentsPermalink





(3) DETENTION FACILITY- The term ‘detention facility’ means any Federal, State, local government facility, or privately owned and operated facility that is used to hold detainees for more than 72 hours.CommentsClose CommentsPermalink





(4) SECRETARY- The term ‘Secretary’ means the Secretary of Homeland Security.CommentsClose CommentsPermalink





(5) SHORT-TERM DETENTION FACILITY- The term ‘short-term detention facility’ means any Federal, State, local government, or privately owned and operated facility that is used to hold immigration detainees for 72 hours or less.CommentsClose CommentsPermalink





(6) UNACCOMPANIED ALIEN CHILDREN- The term ‘unaccompanied alien children’ has the meaning given the term in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).CommentsClose CommentsPermalink

SEC. 3. DETENTION CONDITIONS.

(a) In General- The Secretary shall--CommentsClose CommentsPermalink





(1) ensure that all detainees are treated humanely and granted the protections described in this section; andCommentsClose CommentsPermalink





(2) comply with the minimum requirements set forth in this section.CommentsClose CommentsPermalink





(b) Quality of Medical Care-CommentsClose CommentsPermalink





(1) RIGHT TO MEDICAL CARE- Each detainee has the right to--CommentsClose CommentsPermalink





(A) prompt and adequate medical care, designed to ensure continuity of care, at no cost to the detainee;CommentsClose CommentsPermalink





(B) care to address medical needs that existed prior to detention; andCommentsClose CommentsPermalink





(C) primary care, emergency care, chronic care, reproductive health care, prenatal care, dental care, eye care, mental health care, and other medically necessary specialized care.CommentsClose CommentsPermalink





(2) SCREENINGS AND EXAMINATIONS- Each detainee shall receive--CommentsClose CommentsPermalink





(A) a comprehensive medical, dental, and mental health intake screening, including screening for sexual abuse or assault by a licensed health care professional upon arrival at a detention facility or short-term detention facility; andCommentsClose CommentsPermalink





(B) a comprehensive medical and mental health examination by a licensed health care professional not later than 14 days after the detainee’s arrival at a detention facility.CommentsClose CommentsPermalink





(3) MEDICATIONS AND TREATMENT-CommentsClose CommentsPermalink





(A) PRESCRIPTIONS- Each detainee taking prescribed medications prior to detention shall be allowed to continue taking such medications, on schedule and without interruption, until and unless a licensed health care professional examines the immigration detainee and decides upon an alternative course of treatment. Detainees who arrive at a detention facility without prescription medications and report being on such medications shall be evaluated by a qualified health care professional not later than 24 hours after arrival. All decisions to discontinue or modify a detainee’s reported prescription medication regimen shall be conveyed to the detainee in a language that the detainee understands and shall be recorded in writing in the detainee’s medical records.CommentsClose CommentsPermalink





(B) PSYCHOTROPIC MEDICATION- Medication may not be forcibly administered to a detainee to facilitate transport, removal, or otherwise to control the detainee’s behavior. Involuntary psychotropic medication may only be used, to the extent authorized by applicable law, in emergency situations after a physician has personally examined the detainee and determined that--CommentsClose CommentsPermalink





(i) the detainee is imminently dangerous to self or others due to a mental illness; andCommentsClose CommentsPermalink





(ii) involuntary psychotropic medication is medically appropriate to treat the mental illness and necessary to prevent harm.CommentsClose CommentsPermalink





(C) TREATMENT- Each detainee shall be provided medically necessary treatment, including prenatal care, prenatal vitamins, hormonal therapies, and birth control. Female detainees shall be provided with adequate access to sanitary products.CommentsClose CommentsPermalink





(4) MEDICAL CARE DECISIONS- Any decision regarding requested medical care for a detainee--CommentsClose CommentsPermalink





(A) shall be made in writing by an on-site licensed health care professional not later than 72 hours after such medical care is requested; andCommentsClose CommentsPermalink





(B) shall be immediately communicated to the detainee.CommentsClose CommentsPermalink





(5) ADMINISTRATIVE APPEALS PROCESS-CommentsClose CommentsPermalink





(A) IN GENERAL- Detention facilities, in conjunction with the Department of Homeland Security, shall ensure that detainees, medical providers, and legally appointed advocates have the opportunity to appeal a denial of requested health care services by an on-site provider to an independent appeals board.CommentsClose CommentsPermalink





(B) APPEALS BOARD- The appeals board shall include health care professionals in the fields relevant to the request for medical or mental health care.CommentsClose CommentsPermalink





(C) DECISION- Not later than 7 days after an appeal is received by the appeals board under this paragraph, or earlier if medically necessary, the appeals board shall issue a written decision regarding the appeal and notify the detention facility and the appellee of such decision.CommentsClose CommentsPermalink





(6) REVIEW OF ON-SITE MEDICAL PROVIDER REQUESTS-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall respond within 72 hours to any request by an on-site medical provider for authorization to provide medical or mental health care to a detainee.CommentsClose CommentsPermalink





(B) WRITTEN EXPLANATION- If the Secretary denies or fails to grant a request described in subparagraph (A), the Secretary shall immediately provide a written explanation of the reasons for such decision to the on-site medical provider and the detainee.CommentsClose CommentsPermalink





(C) APPEALS BOARD- The on-site medical provider and the detainee (or the detainee’s legally appointed advocate) shall be permitted to appeal the denial of, or failure to grant, a request described in subparagraph (A) to an independent appeals board.CommentsClose CommentsPermalink





(D) DECISION- Not later than 7 days after an appeal is received by the appeals board under this paragraph, or earlier if medically necessary, the appeals board shall issue a written decision regarding the appeal and notify the on-site medical provider, the detainee, and the detention facility of such decision.CommentsClose CommentsPermalink





(7) CONDITIONAL RELEASE-CommentsClose CommentsPermalink





(A) IN GENERAL- If a licensed health care professional determines that a detainee has a medical or mental health care condition, is pregnant, or is a nursing mother, the Secretary shall consider releasing the detainee on parole, on bond, or into a secure alternatives program.CommentsClose CommentsPermalink





(B) REEVALUATION- If a detainee described in subparagraph (A) is not initially released under this paragraph, the Secretary shall periodically reevaluate the situation of the detainee to determine if such a release would be appropriate.CommentsClose CommentsPermalink





(C) DISCHARGE PLANNING- Upon removal or release, all detainees with serious medical or mental health conditions and women who are pregnant shall receive discharge planning to ensure continuity of care for a reasonable period of time.CommentsClose CommentsPermalink





(8) MEDICAL RECORDS-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall maintain complete, confidential medical records for every detainee and make such records available to a detainee or to individuals authorized by the detainee not later than 72 hours after receiving a request for such records.CommentsClose CommentsPermalink





(B) TRANSFER OF MEDICAL RECORDS- Immediately upon a detainee’s transfer between detention facilities, the detainee’s complete medical records, including any transfer summary, shall be provided to the receiving detention facility.CommentsClose CommentsPermalink





(c) Transfers of Detainees-CommentsClose CommentsPermalink





(1) NOTICE- Absent exigent circumstances, such as a natural disaster or comparable emergency, the Secretary shall provide not less than 72 hours written notice to any detainee before transferring such detainee to another detention facility. Not later than 24 hours after such transfer, the Secretary shall notify the detainee’s legal representative or other person designated by the detainee of the transfer, by telephone and in writing.CommentsClose CommentsPermalink





(2) PROCEDURES- Absent exigent circumstances, such as a natural disaster or comparable emergency, the Secretary shall not transfer a detainee to another detention facility if such transfer would--CommentsClose CommentsPermalink





(A) impair an existing attorney-client relationship;CommentsClose CommentsPermalink





(B) prejudice the rights of the detainee in any legal proceeding, including any Federal, State, or administrative proceeding; orCommentsClose CommentsPermalink





(C) negatively affect the detainee’s health, including by interrupting the continuity of medical care or provision of prescription medication.CommentsClose CommentsPermalink





(d) Access to Telephones-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 6 hours after the commencement of a detention of a detainee, the detainee shall be provided reasonable access to a telephone, with at least 1 working telephone available for every 25 detainees.CommentsClose CommentsPermalink





(2) CONTACTS- Each detainee has the right to contact by telephone, free of charge--CommentsClose CommentsPermalink





(A) legal representatives;CommentsClose CommentsPermalink





(B) nongovernmental organizations designated by the Secretary;CommentsClose CommentsPermalink





(C) consular officials;CommentsClose CommentsPermalink





(D) Federal and State courts in which the detainee is, or may become, involved in a legal proceeding; andCommentsClose CommentsPermalink





(E) all government immigration agencies and adjudicatory bodies, including the Office of the Inspector General of the Department of Homeland Security and the Office for Civil Rights and Civil Liberties of the Department of Homeland Security, through confidential toll-free numbers.CommentsClose CommentsPermalink





(3) EMERGENCIES- Each detainee subject to expedited removal or who is experiencing a personal or family emergency, including the need to arrange care for dependents, shall be allowed to make confidential calls at no charge.CommentsClose CommentsPermalink





(4) PRIVACY- Each detainee has the right to privacy of telephone conversations made for the purpose of obtaining legal representation or related to legal matters.CommentsClose CommentsPermalink





(5) RATES- The Secretary shall ensure that rates charged in detention facilities for telephone calls are reasonable and do not significantly impair the detainee’s right to make telephone calls.CommentsClose CommentsPermalink





(e) Physical and Sexual Abuse-CommentsClose CommentsPermalink





(1) IN GENERAL- No detainee, whether in a detention facility or short-term detention facility, shall be subject to degrading or inhumane treatment such as physical abuse, sexual abuse or harassment, or arbitrary punishment.CommentsClose CommentsPermalink





(2) PREVENTION- Detention facilities shall take all necessary measures--CommentsClose CommentsPermalink





(A) to prevent sexual abuse and sexual assaults of detainees;CommentsClose CommentsPermalink





(B) to provide medical and mental health treatment to victims of sexual abuse and sexual assaults; andCommentsClose CommentsPermalink





(C) to comply fully with the national standards for the detection, prevention, reduction, and punishment of prison rape adopted pursuant to section 8 of the Prison Rape Elimination Act of 2003 (42 U.S.C. 15607).CommentsClose CommentsPermalink





(f) Limitations on Solitary Confinement, Shackling, and Strip Searches-CommentsClose CommentsPermalink





(1) EXTRAORDINARY CIRCUMSTANCES- The use of solitary confinement, shackling, and strip searches of detainees shall be limited to situations where the use of such techniques is necessitated by extraordinary circumstances when the safety of other persons is at imminent risk. These techniques may not be used for the purpose of humiliating detainees either within or outside the detention facility.CommentsClose CommentsPermalink





(2) PROTECTED CLASSES- Solitary confinement, shackling, and strip searches may not be used on pregnant women, nursing mothers, women in labor or delivery, or children who are younger than 18 years of age. Strip searches may not be conducted in front of children who are younger than 21 years of age.CommentsClose CommentsPermalink





(3) WRITTEN POLICIES- Detention facilities shall--CommentsClose CommentsPermalink





(A) adopt written policies pertaining to the use of force and the use of restraints; andCommentsClose CommentsPermalink





(B) train all staff on the proper use of such techniques and devices.CommentsClose CommentsPermalink





(g) Location of Detention Facilities-CommentsClose CommentsPermalink





(1) NEW FACILITIES- All detention facilities first used by the Department of Homeland Security after the date of the enactment of this Act shall be located within 50 miles of a community in which there is a demonstrated capacity to provide free or low-cost legal representation by--CommentsClose CommentsPermalink





(A) nonprofit legal aid organizations; orCommentsClose CommentsPermalink





(B) pro bono attorneys with expertise in asylum or immigration law.CommentsClose CommentsPermalink





(2) EXISTING FACILITIES- Not later than January 1, 2012, all detention facilities used by the Department of Homeland Security shall meet the location requirement described in paragraph (1).CommentsClose CommentsPermalink





(3) REPORT- If the Secretary fails to comply with the requirement under paragraph (2) by January 1, 2012, the Secretary shall submit a report to Congress on such date, and annually thereafter, that--CommentsClose CommentsPermalink





(A) explains the reasons for such failure; andCommentsClose CommentsPermalink





(B) describes the specific plans of the Secretary to meet such requirement.CommentsClose CommentsPermalink





(h) Translation Capabilities- Detention facilities and short-term detention facilities shall--CommentsClose CommentsPermalink





(1) employ staff who are professionally qualified in any language spoken by more than 10 percent of its detainee population;CommentsClose CommentsPermalink





(2) arrange for alternative translation services, as needed, in the exceptional circumstances when trained bilingual staff members are unavailable to translate; andCommentsClose CommentsPermalink





(3) provide notices and written materials to detainees in the native language of such detainees if such language is spoken by more than 5 percent of the detainees in the facility.CommentsClose CommentsPermalink





(i) Legal Access- All detention facilities shall provide detainees with--CommentsClose CommentsPermalink





(1) access to legal information, including an on-site law library with up-to-date legal materials and law databases;CommentsClose CommentsPermalink





(2) free access to the necessary equipment and materials for legal research and correspondence, such as computers, printers, copiers, and typewriters;CommentsClose CommentsPermalink





(3) information regarding the availability of legal information and services to assist those with limited English proficiency or disabilities;CommentsClose CommentsPermalink





(4) confidential meeting space to confer with legal counsel; andCommentsClose CommentsPermalink





(5) services to send confidential legal documents to legal counsel, government offices, and legal organizations.CommentsClose CommentsPermalink





(j) Visitors-CommentsClose CommentsPermalink





(1) LEGAL REPRESENTATION- Detainees in detention facilities have the right to meet privately with current or prospective legal representatives, interpreters, and other legal support staff for at least 8 hours per day on regular business days and 4 hours per day on weekends and holidays, subject to appropriate security procedures. Legal visits may only be restricted for narrowly defined exceptional circumstances, such as a natural disaster or comparable emergency.CommentsClose CommentsPermalink





(2) PRO BONO ORGANIZATIONS- Detention facilities shall prominently post, in detainee housing units and other appropriate areas, official lists of pro bono legal organizations and their contact information, which shall be updated semiannually by the Secretary.CommentsClose CommentsPermalink





(3) RELIGIOUS, CULTURAL, AND SPIRITUAL VISITORS- Detainees have the right to reasonable access to religious or other qualified individuals to address religious, cultural, and spiritual considerations.CommentsClose CommentsPermalink





(4) CHILDREN- Detainees have the right to regular, private contact visits with children who are younger than 18 years of age.CommentsClose CommentsPermalink





(k) Recreational Programs and Activities- Detention facilities shall provide detainees with access to at least 1 hour of indoor and outdoor recreational programs and activities each day.CommentsClose CommentsPermalink





(l) Training of Personnel- All personnel in detention facilities and short-term detention facilities shall be given comprehensive, specialized training and regular, periodic updates, including--CommentsClose CommentsPermalink





(1) an overview of immigration detention and all detention standards;CommentsClose CommentsPermalink





(2) the characteristics of the noncitizen detainee population, including special characteristics of vulnerable groups; andCommentsClose CommentsPermalink





(3) the due process and grievance procedures to protect the rights of detainees.CommentsClose CommentsPermalink





(m) Transportation- The Secretary shall ensure that--CommentsClose CommentsPermalink





(1) each detainee is safely transported, which shall include the appropriate use of safety harnesses and occupancy limitations of vehicles; andCommentsClose CommentsPermalink





(2) female officers are responsible and at all times present during the transfer and transport of female detainees who are in the custody of the Department of Homeland Security.CommentsClose CommentsPermalink





(n) Vulnerable Populations- Detention facility conditions and minimum requirements for detention facilities shall recognize and accommodate the unique needs of vulnerable detainees, including--CommentsClose CommentsPermalink





(1) families with children;CommentsClose CommentsPermalink





(2) asylum seekers;CommentsClose CommentsPermalink





(3) victims of abuse, torture, or trafficking;CommentsClose CommentsPermalink





(4) individuals who are older than 65 years of age;CommentsClose CommentsPermalink





(5) pregnant women; andCommentsClose CommentsPermalink





(6) nursing mothers.CommentsClose CommentsPermalink





(o) Children- The Secretary shall ensure that unaccompanied alien children are--CommentsClose CommentsPermalink





(1) physically separated from any adult who is not an immediate family member; andCommentsClose CommentsPermalink





(2) separated by sight and sound from--CommentsClose CommentsPermalink





(A) immigration detainees and inmates with criminal convictions;CommentsClose CommentsPermalink





(B) pretrial inmates facing criminal prosecution;CommentsClose CommentsPermalink





(C) children who have been adjudicated delinquents or convicted of adult offenses or are pending delinquency or criminal proceedings; andCommentsClose CommentsPermalink





(D) inmates exhibiting violent behavior while in detention.CommentsClose CommentsPermalink

SEC. 4. SPECIFIC DETENTION REQUIREMENTS FOR SHORT-TERM DETENTION FACILITIES.

(a) Access to Basic Needs, People, and Property-CommentsClose CommentsPermalink





(1) BASIC NEEDS- All detainees in short-term detention facilities shall receive--CommentsClose CommentsPermalink





(A) potable water;CommentsClose CommentsPermalink





(B) food, if detained for more than 5 hours;CommentsClose CommentsPermalink





(C) basic toiletries, diapers, sanitary products, and blankets; andCommentsClose CommentsPermalink





(D) access to bathroom facilities.CommentsClose CommentsPermalink





(2) PEOPLE- The Secretary shall provide consular officials with access to detainees held at any short-term detention facility. Detainees shall be afforded reasonable access to a licensed health care professional. The Secretary shall ensure that nursing mothers in such facilities have access to their children.CommentsClose CommentsPermalink





(3) PROPERTY- Any property belonging to a detainee that was confiscated by an official of the Department of Homeland Security shall be returned to the detainee upon repatriation or transfer.CommentsClose CommentsPermalink





(b) Protections for Children-CommentsClose CommentsPermalink





(1) QUALIFIED STAFF- The Secretary shall ensure that adequately trained and qualified staff are stationed at each major port of entry at which, during the most recent 2 fiscal years, an average of not fewer than 50 unaccompanied alien children per year have been held by United States Customs and Border Protection, which staff shall include--CommentsClose CommentsPermalink





(A) independent licensed social workers dedicated to ensuring the proper temporary care for the children while in the custody of United States Customs and Border Protection; andCommentsClose CommentsPermalink





(B) agents charged primarily with the safe, swift, and humane transportation of such children to the custody of the Office of Refugee Resettlement.CommentsClose CommentsPermalink





(2) SPECIFIC RIGHTS- The social workers described in paragraph (1)(A) shall ensure that each unaccompanied alien child--CommentsClose CommentsPermalink





(A) receives emergency medical care;CommentsClose CommentsPermalink





(B) receives mental health care in case of trauma;CommentsClose CommentsPermalink





(C) has access to psychosocial health services;CommentsClose CommentsPermalink





(D) is provided with--CommentsClose CommentsPermalink





(i) a pillow, linens, and sufficient blankets to rest at a comfortable temperature; andCommentsClose CommentsPermalink





(ii) a bed and mattress placed in an area specifically designated for residential use;CommentsClose CommentsPermalink





(E) receives adequate nutrition;CommentsClose CommentsPermalink





(F) enjoys a safe and sanitary living environment;CommentsClose CommentsPermalink





(G) receives educational materials; andCommentsClose CommentsPermalink





(H) has access to at least 3 hours of indoor and outdoor recreational programs and activities per day.CommentsClose CommentsPermalink





(c) Confidentiality-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Health and Human Services shall maintain the privacy and confidentiality of all information gathered in the course of providing care, custody, placement, and follow-up services to unaccompanied alien children, consistent with the best interest of such children, by not disclosing such information to other government agencies or nonparental third parties, except as provided under paragraph (2).CommentsClose CommentsPermalink





(2) LIMITED DISCLOSURE OF INFORMATION- The Secretary may only disclose information regarding an unaccompanied alien child if--CommentsClose CommentsPermalink





(A) the child authorizes such disclosure and such is consistent with the child’s best interest; orCommentsClose CommentsPermalink





(B) the disclosure is to a duly recognized law enforcement entity and is necessary to prevent imminent and serious harm to another individual.CommentsClose CommentsPermalink





(3) WRITTEN RECORD- All disclosures under paragraph (2) shall be duly recorded in writing and placed in the child’s file.CommentsClose CommentsPermalink

SEC. 5. RULEMAKING AND ENFORCEMENT.

(a) Regulations-CommentsClose CommentsPermalink





(1) NOTICE OF PROPOSED RULEMAKING- Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue a notice of proposed rulemaking regarding the implementation of this Act.CommentsClose CommentsPermalink





(2) FINAL REGULATIONS- Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations, which shall be binding upon all detention facilities and short-term detention facilities, to ensure that the detention requirements under sections 3 and 4 are fully implemented and enforced and that all facilities comply with the regulations.CommentsClose CommentsPermalink





(b) Enforcement-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall enforce all regulations and standards promulgated under subsection (a). Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue guidance to detention facilities and short-term detention facilities to ensure compliance with all the detention requirements under sections 3 and 4.CommentsClose CommentsPermalink





(2) INVESTIGATION-CommentsClose CommentsPermalink





(A) GRIEVANCES- Each detainee has the right to file grievances with the staff of detention facilities, short-term detention facilities, and the Department of Homeland Security, and shall be protected from retaliation for exercising such right.CommentsClose CommentsPermalink





(B) REVIEW- The Secretary shall--CommentsClose CommentsPermalink





(i) review any grievance or other complaint containing evidence that a detention facility or short-term detention facility has violated any requirement under this Act;CommentsClose CommentsPermalink





(ii) issue a determination in writing to the complainant indicating the Secretary’s findings regarding the alleged violation not later than 30 days after receiving such complaint;CommentsClose CommentsPermalink





(iii) remedy any violation not later than 30 days after issuing a determination under clause (ii); andCommentsClose CommentsPermalink





(iv) promptly advise the complainant of the remedy referred to in clause (iii).CommentsClose CommentsPermalink





(C) WRITTEN RESPONSE- If the Secretary issues a written response under subparagraph (B)(ii) indicating that no violation has occurred, such response shall constitute final agency action for the purposes of section 702 of title 5, United States Code.CommentsClose CommentsPermalink





(3) PENALTIES- The Secretary shall enforce compliance with the detention requirements under sections 3 and 4 by--CommentsClose CommentsPermalink





(A) imposing financial penalties upon detention facilities and short-term detention facilities that are not in compliance with such requirements; andCommentsClose CommentsPermalink





(B) terminating the contracts of such facilities if such noncompliance persists.CommentsClose CommentsPermalink





(4) COMPLIANCE OFFICER-CommentsClose CommentsPermalink





(A) DESIGNATION- Each detention facility and short-term detention facility shall designate an officer to ensure compliance with the provisions of this Act.CommentsClose CommentsPermalink





(B) DUTIES- Each officer designated under subparagraph (A) shall--CommentsClose CommentsPermalink





(i) investigate all evidence pertaining to a violation of this Act; andCommentsClose CommentsPermalink





(ii) if a violation is identified, remedy the violation within 30 days.CommentsClose CommentsPermalink





(C) JUDICIAL REVIEW- A detainee may not seek judicial review of the detention facility’s determination until after the passage of the 30-day period, except where irreparable harm would result.CommentsClose CommentsPermalink





(c) Rule of Construction- Nothing in the section may be construed to preclude review of noncompliance with this Act under--CommentsClose CommentsPermalink





(1) section 1331 or 2241 of title 28, United States Code; orCommentsClose CommentsPermalink





(2) section 1979 of the Revised Statutes (42 U.S.C. 1983).CommentsClose CommentsPermalink





(d) Punitive Damages- No individual may seek punitive damages for any violation under this Act.CommentsClose CommentsPermalink

SEC. 6. IMMIGRATION DETENTION COMMISSION.

(a) Appointment- The Secretary shall appoint and convene an Immigration Detention Commission (referred to in this section as the ‘Commission’), which shall be comprised of--CommentsClose CommentsPermalink





(1) experts from United States Immigration and Customs Enforcement, United States Customs and Border Protection, the Office of Refugee Resettlement, and the Division of Immigration Health Services of the Department of Health and Human Services; andCommentsClose CommentsPermalink





(2) independent experts, in a number equal to the number of experts appointed under paragraph (1), from nongovernmental organizations and intergovernmental organizations with expertise in working on behalf of detainees and other vulnerable populations.CommentsClose CommentsPermalink





(b) Duties- The Commission shall conduct independent investigations, and evaluate and report on the compliance of detention facilities, short-term detention facilities, and the Department of Homeland Security with the detention requirements under sections 3 and 4.CommentsClose CommentsPermalink





(c) Biennial Reports- Not later than 60 days after the end of the first fiscal year beginning after the date of the enactment of this Act, and every 2 years thereafter, the Commission shall submit a report containing the findings of its investigations and evaluations under subsection (b) to--CommentsClose CommentsPermalink





(1) the Committee on the Judiciary of the Senate;CommentsClose CommentsPermalink





(2) the Committee on Homeland Security and Governmental Affairs of the Senate;CommentsClose CommentsPermalink





(3) the Committee on the Judiciary of the House of Representatives; andCommentsClose CommentsPermalink





(4) the Committee on Homeland Security of the House of Representatives.CommentsClose CommentsPermalink

SEC. 7. DEATH IN CUSTODY REPORTING REQUIREMENT.

(a) In General- If an individual dies while in the custody of the Department of Homeland Security or en route to or from such custody--CommentsClose CommentsPermalink





(1) the supervising official at the detention facility or short-term detention facility at which the death took place shall immediately notify the Secretary of such death; andCommentsClose CommentsPermalink





(2) not later than 48 hours after receiving a notification under paragraph (1), the Secretary shall report the death to--CommentsClose CommentsPermalink





(A) the Office of the Inspector General of the Department of Homeland Security; andCommentsClose CommentsPermalink





(B) the Department of Justice.CommentsClose CommentsPermalink





(b) Report to Congress- Not later than 60 days after the end of each fiscal year, the Secretary shall submit a report containing detailed information regarding all the deaths of individuals in the custody of the Department of Homeland Security during the preceding fiscal year to the committees set forth in section 6(c).CommentsClose CommentsPermalink





(c) Contents- The reports submitted under subsection (a)(2) and subsection (b) shall include--CommentsClose CommentsPermalink





(1) the name, gender, race, ethnicity, and age of the deceased;CommentsClose CommentsPermalink





(2) the date, time, and location of death;CommentsClose CommentsPermalink





(3) the law enforcement agency that detained, arrested, or was in the process of arresting the deceased;CommentsClose CommentsPermalink





(4) a description of the circumstances surrounding the death;CommentsClose CommentsPermalink





(5) the status and results of any investigation that has been conducted into the circumstances surrounding the death; andCommentsClose CommentsPermalink





(6) all medical records of the deceased.CommentsClose CommentsPermalink