,,ii  #aaeth ,,congress  #b;d ,session  
,s4 #caab  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #ba1     
#bjah,mr4 ,booker 7for himself1 ,mr4    
,leahy1 ,ms4 ,warren1 ,ms4 ,hirono1 ,mr4
 ,blumenthal1 ,ms4 ,duckworth1 ,mr4     
,sanders1 ,mrs4 ,gillibrand1 ,mr4       
,merkley1 and ,mr4 ,wyden7 introduced   
the following bill2 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 detained1 and   
for other purposes4  #a4 ,short title   
,this ,act may be cited as the ,dignity 
for ,detained ,immigrants ,act of #bjah4
  #b4 ,standards for ,department of     
,homeland ,security detention facilities
  7a7 ,rulemaking ,not later than #a    
year after the date of the enactment of 
this ,act1 the ,secretary of ,homeland  
,security shall promulgate regulations  
that establish detention standards for  
each facility at which aliens in the    

custody of the ,department of ,homeland 
,security are detained4  7b7 ,minimum   
protections ,the standards established  
under subsection 7a7 shall provide1 at a
 minimum1 the level of protections for  
detainees described in the ,american    
,bar ,association's ,civil ,immigration 
,detention ,standards 7adopted in       
,august1 #bjab1 and as amended in       
,august1 #bjad74  7c7 ,updates ,the     
,secretary shall review and update the  
standards established under subsection  
7a7 on a biennial basis1 as appropriate4
  #c4 ,oversight and transparency for   
,department of ,homeland ,security      
detention facilities  7a7 ,periodic     
inspections  7#a7 ,in general ,not less 
frequently than annually1 the ,inspector
 ,general of the ,department of         
,homeland ,security shall conduct an    
unannounced inspection of each facility 
at which aliens in the custody of the   
,department of ,homeland ,security are  
detained in order to ensure that each   
such facility is in compliance with the 

standards established pursuant to       
section #b4  7#b7 ,report ,not later    
than #fj days after conducting an       
inspection under this paragraph 7#a71   
the ,inspector ,general shall--  7,a7   
make a report of such inspection        
publicly available on a website of the  
,department of ,homeland ,security2 and 
7,b7 submit such report to the          
,secretary of ,homeland ,security4  7#c7
 ,failure to comply with standards  7,a7
 ,initial failure ,if the ,inspector    
,general determines that a facility has 
failed to comply with the standards     
established pursuant to section #b for  
the first time during any #b-year       
period1 and such noncompliance          
constitutes a deficiency that threatens 
the health1 safety1 or the due process  
rights of detainees--  7i7 the          
,inspector ,general shall notify the    
,secretary of ,homeland ,security of    
such finding2 and  7ii7 the ,secretary  
shall-- 7,i7 impose a fine of not less  
than #aj percent of the value of the    

contract with a facility that is not    
owned by the ,department of ,homeland   
,security2 and  7,,ii7 if the facility  
is owned by the ,department of ,homeland
 ,security-- 7aa7 issue a written       
warning to the facility not later than  
#cj days after receiving such           
notification from the ,inspector        
,general1 which shall include proposed  
remedial measures to be carried out not 
later than #fj days after the issuance  
of the warning2 and  7bb7 not later than
 #fj days after the issuance of the     
warning described in subclause 7,i71    
certify to the ,inspector ,general that 
the remedial measures have been carried 
out4  7,b7 ,subsequent failures ,if the 
,inspector ,general determines that a   
facility has failed to comply with the  
standards under section #b in #b        
investigations under paragraph 7#a7     
during any #b-year period1 and such     
noncompliance constitutes a deficiency  
that threatens the health1 safety1 or   
due process rights of detainees--  7i7  

the ,inspector ,general shall notify the
 ,secretary of ,homeland ,security of   
such finding2 and  7ii7 the ,secretary  
shall-- 7,i7 if the facility is not     
owned by the ,department of ,homeland   
,security--  7aa7 transfer each detainee
 from such facility1 not later than #cj 
days after receiving such notification1 
to a facility that complies with such   
standards2 and  7bb7 terminate the      
contract with the owner of the facility2
 or  7,,ii7 if the facility is owned by 
the ,department of ,homeland ,security--
 7aa7 transfer each detainee from such  
facility1 not later than #fj days after 
receiving such notification1 to a       
facility that complies with such        
standards2 and  7bb7 suspend the use of 
such facility until after the ,inspector
 ,general-- 7,,aa7 certifies to the     
,secretary that the facility is in      
compliance with such standards2 and     
7,,bb7 posts information describing the 
remedial measures completed at such     
facility on a publicly available website

 of the ,department of ,homeland        
,security4  7b7 ,investigations on death
 in custody  7#a7 ,in general ,not later
 than #cj days after the death of an    
alien in the custody of the ,department 
of ,homeland ,security1 the ,secretary  
of ,homeland ,security shall conduct an 
investigation into such death1 which    
shall include a root cause analysis     
that--  7,a7 identifies any changes to  
policies or practices that could reduce 
the probability of such an event in the 
future2 and  7,b7 shall be performed in 
accordance with professional medical    
standards for investigating sentinel    
events in medical care facilities1      
including the ,sentinel ,event ,policy  
promulgated by ,the ,joint ,commission  
in #aiif4  7#b7 ,report ,not later than 
#fj days after a death described in     
paragraph 7#a71 the ,secretary shall    
post a report describing the results of 
such investigation on a publicly        
accessible website of the ,department of
 ,homeland ,security4  7c7 ,report to   

,congress ,the ,secretary of ,homeland  
,security shall submit an annual report 
to the ,committee on the ,judiciary of  
the ,senate and the ,committee on the   
,judiciary of the ,house of             
,representatives that-- 7#a7 describes  
the inspections and oversight of        
facilities at which aliens in the       
custody of the ,department of ,homeland 
,security are detained2 and  7#b7       
includes information1 with respect to   
the preceding year1 relating to-- 7,a7  
each detention facility that the        
,inspector ,general determined was not  
in compliance with the standards        
established under section #b pursuant to
 an investigation conducted under       
subsection 7a77#a72  7,b7 any remedial  
actions that the ,secretary has taken1  
or plans to take1 to comply with such   
standards2 and  7,c7 whether the        
remedial actions described in           
subparagraph 7,b7 brought the facility  
into compliance with such standards4    
7d7 ,classification of documents for    

purposes of the ,freedom of ,information
 ,act ,the reports required under       
subsections 7a77#b7 and 7b77#b71 and any
 contract between the ,department of    
,homeland ,security and a private or    
public entity that provides for the use 
of a facility not owned by the          
,department of ,homeland ,security to   
detain aliens in the custody of the     
,department of ,homeland ,security are  
considered records for purposes of      
section #eeb of title #e1 ,united       
,states ,code1 and do not qualify for   
the exception under subsection 7b77#d7  
of such section4  7e7 ,facilities matrix
 ,on the first day of each month1 the   
,secretary of ,homeland ,security shall 
ensure that a publicly accessible       
website of the ,department of ,homeland 
,security contains information relating 
to each facility at which aliens in the 
custody of the ,department of ,homeland 
,security may be detained1 including--  
7#a7 the name and location of each      
facility2  7#b7 whether the facility    

houses adults1 children1 or both2  7#c7 
the number of beds available in each    
facility on the first day of the month1 
disaggregated by gender2  7#d7 whether  
the facility is used to detain aliens   
for longer than #gb hours1 or for longer
 than #g days2  7#e7 the average number 
of aliens detained in the facility for  
the current year1 and for the preceding 
month1 disaggregated by gender and      
classification as a child or as an      
adult2  7#f7 whether the facility is in 
compliance with the standards           
established pursuant to section #b2     
7#g7 for each facility that is not owned
 by the ,department of ,homeland        
,security1 the nature of the contract   
providing for the detention of aliens at
 such facility2 and  7#h7 the average   
number of days that an alien has been   
detained at the facility during the     
preceding month4  7f7 ,online detainee  
locator system ,the ,secretary of       
,homeland ,security shall ensure that   
the online detainee locator system      

maintained by the ,department of        
,homeland ,security1 or any successor   
system1 is updated not later than #ab   
hours after an alien is--  7#a7 taken   
into custody or released from custody by
 the ,department of ,homeland ,security2
  7#b7 transferred to1 or detained in1 a
 detention facility2 or  7#c7 removed   
from the ,united ,states4  7g7          
,information collected and maintained   
for aliens in the custody of the        
,department of ,homeland ,security ,the 
,secretary of ,homeland ,security shall 
collect and maintain1 for each alien in 
the custody of the ,department of       
,homeland ,security--  7#a7 the gender  
and age of the alien2  7#b7 the date on 
which the alien was detained2  7#c7     
whether the alien is considered a       
vulnerable person 7as defined in section
 #bcf7;g7 of the ,immigration and       
,nationality ,act 7#h ,u4,s4,c4         
#abbf7;g77 or a primary caregiver2  7#d7
 the provision of law under which the   
,secretary is authorized to detain the  

alien2  7#e7 the location where the     
alien is detained2  7#f7 any transfer of
 the alien to another detention         
facility1 and the reason for such       
transfer2  7#g7 the status and basis of 
any removal proceedings2  7#h7 the      
initial custody determination made by   
,u4,s4 ,immigration and ,customs        
,enforcement1 and any review of such    
determination2  7#i7 the date of the    
alien's release or removal1 if          
applicable1 and the reason for such     
release or removal2 and  7#aj7 whether  
the alien is subject to a final order of
 removal4  #d4 ,cause of action  7a7 ,in
 general ,an individual who is detained 
in a facility that is required to comply
 with the standards established pursuant
 to section #b1 and is injured as a     
result of a violation of such standards1
 may file a claim in the appropriate    
district court of the ,united ,states4  
7b7 ,recovery ,in a civil action under  
this section1 the court may-- 7#a7 order
 injunctive relief and compensatory     

damages2 and  7#b7 award the prevailing 
party reasonable attorney fees and      
costs4  #e4 ,department of ,homeland    
,security detention facility            
construction and maintenance  7a7       
,restriction on construction of         
detention facilities ,not later than    
#ahj days before initiating1 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
 of ,homeland ,security1 the ,secretary 
of ,homeland ,security shall submit1 to 
the ,committee on the ,judiciary of the 
,senate1 the ,committee on ,homeland    
,security and ,governmental ,affairs of 
the ,senate1 the ,committee on the      
,judiciary of the ,house of             
,representatives1 and the ,committee on 
,homeland ,security of the ,house of    
,representatives1 a plan for            
constructing or expanding such facility1
 including--  7#a7 the location1 size1  
and capacity of such facility2  7#b7 the

 anticipated timeline and cost of       
constructing or expanding such facility2
 and  7#c7 the intended population to be
 detained at such facility1 including   
the gender and ages of such population4 
7b7 ,phase-,out of private detention    
facilities and use of jails  7#a7       
,secure detention facilities  7,a7 ,in  
general ,the ,secretary of ,homeland    
,security-- 7i7 may not enter into or   
extend any contract with any public or  
private entity1 which owns or operates a
 detention facility1 for the use of such
 facility to detain aliens in the       
custody of the ,department of ,homeland 
,security2 and  7ii7 shall terminate any
 contract described in clause 7i7 not   
later than the date that is #c years    
after the date of the enactment of this 
,act4  7,b7 ,ownership requirement      
,beginning on the date that is #c years 
after the date of the enactment of this 
,act1 any facility at which aliens in   
the custody of the ,department of       
,homeland ,security are detained shall  

be owned and operated by the ,department
 of ,homeland ,security4  7#b7          
,non-secure detention programs  7,a7 ,in
 general ,the ,secretary of ,homeland   
,security-- 7i7 may not enter into or   
extend any contract with any public or  
private for-profit entity for the       
operation of a program or the use of a  
facility for nonresidential1            
detention-related activities for aliens 
who are subject to monitoring by the    
,department of ,homeland ,security2 and 
7ii7 shall terminate any contract       
described in clause 7i7 not later than  
the date that is #c years after the date
 of the enactment of this ,act4  7,b7   
,ownership and operation requirement    
,beginning on the date that is #c years 
after the date of the enactment of this 
,act1 any program or facility used for  
the activities described in subparagraph
 7,a77i7 shall be owned and operated by 
a nonprofit organization or by the      
,department of ,homeland ,security4     
7#c7 ,implementation plan ,not later    

than #fj days after the date of the     
enactment of this ,act1 the ,secretary  
of ,homeland ,security shall develop1   
and make publicly available1 a plan and 
a timeline for the implementation of    
this subsection4  #f4 ,appearance of    
detained aliens for other legal matters 
,the ,secretary of ,homeland ,security  
shall make rules to ensure that any     
alien who is detained in the custody of 
the ,department of ,homeland ,security1 
and who is required to appear in        
,federal or ,state court 7including     
family court7 for another matter1 is    
transported by an officer or employee of
 the ,department of ,homeland ,security 
to such court proceeding4  #g4          
,procedures for detaining aliens  7a7   
,probable cause and custody             
determination hearings ,section #bcf of 
the ,immigration and ,nationality ,act  
7#h ,u4,s4,c4 #abbf7 is amended-- 7#a7  
by amending subsection 7a7 to read as   
follows3  7a7 ,arrest1 detention1 and   
release ,on a warrant issued by an      

immigration judge1 or pursuant to       
section #bhg7;a77#b71 the ,secretary of 
,homeland ,security may arrest an alien1
 and in accordance with this section1   
detain the alien or release the alien on
 bond1 subject to conditions1 or        
recognizance1 pending a decision on     
whether the alien is to be removed from 
the ,united ,states4  2  7#b7 by        
striking subsections 7b7 and 7e72  7#c7 
by redesignating subsections 7c7 and 7d7
 as subsections 7b7 and 7c71            
respectively2  7#d7 by striking         
,attorney ,general each place such term 
appears and inserting ,secretary of     
,homeland ,security2 and  7#e7 by       
inserting after subsection 7c71 as      
redesignated1 the following3  7d7 ,bond 
determination ,an immigration judge who 
releases an alien on bond under this    
section shall consider1 for purposes of 
setting the amount of the bond1 the     
alien's financial position and ability  
to pay the bond without imposing        
financial hardship on the alien4  7e7   

,custody determination  7#a7 ,initial   
determination ,not later than #dh hours 
after taking an alien into custody under
 the authority provided under this      
section or section #bce1 or with respect
 to an alien subject to a reinstated    
order of removal pursuant to section    
#bda7;a77#e7 who has been found to have 
a credible or reasonable fear of return1
 the ,secretary of ,homeland ,security  
shall make an initial custody           
determination with regard to that alien1
 and provide that determination in      
writing to the alien4 ,if the ,secretary
 determines that the release of an alien
 will not reasonably ensure the         
appearance of the alien as required or  
will endanger the safety of any other   
person or the community1 the custody    
determination under this paragraph will 
impose the least restrictive conditions 
in accordance with paragraph 7#d74  7#b7
 ,timing ,an alien who seeks to         
challenge the initial custody           
determination under paragraph 7#a7 shall

 be provided with the opportunity for a 
hearing before an immigration judge not 
later than #gb hours after the initial  
custody determination to determine      
whether the alien should be detained4   
7#c7 ,presumption of release ,in a      
hearing under this subsection1 there    
shall be a presumption that the alien   
should be released4 ,the ,government    
shall have the duty of rebutting this   
presumption1 which may only be shown    
based on clear and convincing evidence1 
including credible and individualized   
information1 that the use of            
alternatives to detention will not      
reasonably assure the appearance of the 
alien at removal proceedings1 or that   
the alien is a threat to another person 
or the community4 ,the fact that an     
alien has a criminal charge pending     
against the alien may not be the sole   
factor to justify the continued         
detention of the alien4  7#d7 ,least    
restrictive conditions required ,if an  
immigration judge determines1 pursuant  

to a hearing under this section1 that   
the release of an alien will not        
reasonably ensure the appearance of the 
alien as required or will endanger the  
safety of any other person or the       
community1 the immigration judge shall  
order the least restrictive conditions1 
or combination of conditions1 that the  
judge determines will reasonably assure 
the appearance of the alien as required 
and the safety of any other person and  
the community1 which may include secured
 or unsecured release on bond1 or       
participation in a program described in 
subsection 7g74 ,any conditions assigned
 to an alien pursuant to this paragraph 
shall be reviewed by the immigration    
judge on a monthly basis4  7#e7 ,special
 rule for vulnerable persons and primary
 caregivers  7,a7 ,defined term ,in this
 paragraph1 the term vulnerable person  
means an individual who-- 7i7 is younger
 than #ba years of age or older than #fj
 years of age2  7ii7 is pregnant2  7iii7
 identifies as lesbian1 gay1 bisexual1  

transgender1 or intersex2  7iv7 is a    
victim of or a witness to a crime2  7v7 
has filed a nonfrivolous civil rights   
claim in ,federal or ,state court2  7vi7
 has a serious mental or physical       
illness or disability2  7vii7 has been  
determined by an asylum officer in an   
interview conducted in accordance with  
section #bce7;b77#a77;,b7 to have a     
credible fear of persecution2 or  7viii7
 has been determined by an immigration  
judge or the ,secretary of ,homeland    
,security to be experiencing severe     
trauma or to be a survivor of torture or
 gender-based violence1 based on        
information obtained during intake1 from
 the alien's attorney or legal service  
provider1 or through credible           
self-reporting4  7,b7 ,additional       
requirements ,an alien who is the       
subject of a custody determination under
 this subsection and is a vulnerable    
person or a primary caregiver may not be
 detained unless the ,government shows1 
in addition to the requirements under   

paragraph 7#b71 that it is unreasonable 
or not practicable to place the         
individual in a community-based         
supervision program4  7#f7 ,subsequent  
determinations ,an alien who is detained
 under this section shall be provided   
with a de novo custody determination    
hearing under this subsection--  7,a7   
every #fj days2 and  7,b7 by            
demonstrating a change in circumstances 
or good cause for such a repeat hearing4
  7f7 ,release upon an order granting   
relief from removal ,the ,secretary of  
,homeland ,security-- 7#a7 shall        
immediately release an alien with       
respect to whom an immigration judge has
 entered an order providing for relief  
from removal1 including an order        
granting asylum1 or providing for       
withholding1 deferral1 or cancellation  
of removal1 which order is pending      
appeal1 upon the entry of the order2 and
  7#b7 may impose only reasonable       
conditions on such alien's release from 
custody4  7g7 ,alternatives to detention

  7#a7 ,in general ,the ,secretary of   
,homeland ,security-- 7,a7 shall        
establish programs that provide         
alternatives to detaining aliens1 which 
shall offer a continuum of supervision  
mechanisms and options1 including       
community-based supervision programs and
 community support2 and  7,b7 may       
contract with nongovernmental           
community-based organizations to provide
 programs1 which may include case       
management services1 appearance         
assistance services1 and screenings of  
aliens who have been detained4  7#b7    
,individualized determination required  
7,a7 ,in general ,in determining whether
 to order an alien to participate in a  
program under this subsection1 the      
,secretary of ,homeland ,security1 or   
the immigration judge1 as appropriate   
shall make an individualized            
determination to determine the          
appropriate level of supervision for the
 alien4  7,b7 ,exemption ,participation 
in a program under this subsection may  

not be ordered for an alien for whom it 
is determined that release on reasonable
 bond or recognizance will reasonably   
ensure the appearance of the alien as   
required and the safety of any other    
person and the community4  4  7b7       
,probable cause hearing ,section        
#bhg7;a77#b7 of the ,immigration and    
,nationality ,act 7#h ,u4,s4,c4         
#aceg7;a77#b77 is amended by striking   
but the alien arrested shall be taken   
without unnecessary delay for           
examination before an officer of the    
,service having authority to examine    
aliens as to their right to enter or    
remain in the ,united ,states and       
inserting but the alien arrested shall  
be provided with a hearing before an    
immigration judge not later than #dh    
hours after being taken into custody to 
determine whether there is probable     
cause to believe that the alien does not
 have the right to enter or remain in   
the ,united ,states1 which burden to    
establish probable cause shall be on the

 ,government4  7c7 ,mandatory detention 
repealed ,the ,immigration and          
,nationality ,act 7#h ,u4,s4,c4 #aaja et
 seq47 is amended-- 7#a7 in section     
#bce7;b7--  7,a7 in paragraph           
7#a77;,b7-- 7i7 in clause 7ii71 by      
striking detained and inserting         
referred2 and  7ii7 in clause 7iii71 by 
striking subclause 7,,iv72 and  7,b7 in 
paragraph 7#b77;,a71 by striking        
detained and inserting referred2  7#b7  
in section #bcf1 by striking subsection 
7c72  7#c7 by striking section #bcf;,a2 
7#d7 in section #bch7;a77#b71 by        
striking pursuant to section #bcf7;c72  
and  7#e7 in section #ejf7;a77#b7--     
7,a7 by amending the paragraph heading  
to read as follows3 ,release hearing for
 aliens detained2 and  7,b7 in subclause
 7,a7--  7i7 in the matter preceding    
clause 7i71 by striking lawfully        
admitted for permanent residence2  7ii7 
by striking clause 7i72 and  7iii7 by   
redesignating clauses 7ii7 and 7iii7 as 
clauses 7i7 and 7ii71 respectively4  7d7

 ,aliens ordered removed ,section       
#bda7;a7 of the ,immigration and        
,nationality ,act 7#h ,u4,s4,c4         
#abca7;a77 is amended--  7#a7 in        
paragraph 7#a71 by striking #ij days    
each place it appears and inserting #fj 
days2  7#b7 by amending paragraph 7#b7  
to read as follows3  7#b7 ,initial      
custody redetermination hearing  7,a7   
,in general ,not later than #gb hours   
after the entry of a final              
administrative order of removal1 the    
alien ordered removed shall be provided 
with a custody redetermination hearing  
before an immigration judge4  7,b7      
,presumption of detention ,for purposes 
of the hearing under subparagraph 7,a71 
the alien shall be detained during the  
removal period unless the alien can show
 by clear and convincing evidence that  
the alien's removal is not reasonably   
foreseeable and that the alien does not 
pose a risk to the safety of any        
individual or to the community4  2  7#c7
 in paragraph 7#c7-- 7,a7 in the        

heading1 by striking #ij-;day and       
inserting #fj-;day2 and  7,b7 in the    
matter preceding subparagraph 7,a71 by  
striking the alien1 pending removal1    
shall be subject to supervision under   
and inserting the following3 except as  
provided in paragraph 7#f71 any alien   
who has been detained during the removal
 period shall be released from custody1 
pending removal1 subject to             
individualized supervision requirements 
in accordance with2 and  7#d7 by        
striking paragraphs 7#f7 and 7#g7 and   
inserting the following3  7#f7          
,subsequent custody redetermination     
hearings  7,a7 ,in general ,the         
,government may request a subsequent    
redetermination hearing before an       
immigration judge seeking continued     
detention for an alien ordered to be    
detained pursuant to paragraph 7#b7 who 
has not been removed within the removal 
period4  7,b7 ,standard ,an alien may   
only be detained after the removal      
period upon a showing by the ,government

 that-- 7i7 the alien's removal is      
reasonably foreseeable2 or  7ii7 the    
alien poses a risk to the safety of an  
individual or the community1 which may  
only be established based on credible   
and individualized information that     
establishes objective risk factors1 and 
may not be established based only on the
 fact that the alien has been charged   
with or is suspected of a crime4  7,c7  
,period of detention ,an alien may not  
be detained pursuant to an order under  
this paragraph for longer than a        
#fj-;day period4 ,the ,government may   
seek subsequent redetermination hearings
 under this paragraph in order to       
continue detaining an alien beyond each 
such #fj-;day period4  4