,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #bdae  ,,in ,,the ,,house ,,of  
,,representatives  ,april #cj1 #bjai,ms4
 ,jayapal 7for herself and ,mr4 ,smith  
of ,washington7 introduced the following
 bill2 which was referred to the        
,committee on the ,judiciary1 and in    
addition to the ,committee on ,homeland 
,security1 for a period to be           
subsequently determined by the ,speaker1
 in each case for consideration of such 
provisions as fall within the           
jurisdiction of the committee concerned 
,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 #bjai4    
#b4 ,standards for ,,dhs detention      
facilities ,not later than one year     
after the date of the enactment of this 
,act1 the ,secretary of ,homeland       
,security shall1 by rulemaking1         

establish detention standards for each  
facility at which aliens in the custody 
of the ,department of ,homeland         
,security are detained4 ,such standards 
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 ,on a
 biennial basis1 the ,secretary shall   
review and update such standards1 as    
appropriate4  #c4 ,oversight and        
transparency for ,,dhs detention        
facilities  7a7 ,periodic inspections   
7#a7 ,in general ,on a periodic basis1  
and not less 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 under section #b4 ,not later  

than #fj days after conducting an       
inspection under this subsection1 the   
,inspector ,general shall make a report 
of such inspection publicly available on
 the website of the ,department of      
,homeland ,security1 and submit such    
report to the ,secretary of ,homeland   
,security4  7#b7 ,failure to comply with
 standards  7,a7 ,initial failure ,in   
the case that the ,inspector ,general   
determines that a facility has failed to
 comply with the standards under section
 #b for the first time during any       
#b-year period1 and that such           
noncompliance constitutes a deficiency  
that threatens the health1 safety1 or   
the due process rights of detainees1 the
 ,inspector ,general shall notify the   
,secretary of ,homeland ,security of    
such finding1 and the ,secretary shall--
  7i7 in the case of a facility that is 
not owned by the ,department of         
,homeland ,security1 impose a meaningful
 fine of not less than #aj percent of   
the value of the contract with the      

facility2 and  7ii7 in the case of a    
facility that is owned by the           
,department of ,homeland ,security--    
7,i7 issue a written warning to the     
facility not later than #cj days after  
receiving such notification from the    
,inspector ,general1 which shall include
 remedial measures to be carried out not
 later than #fj days after the issuance 
of the warning2 and  7,,ii7 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 ,in the 
case that the ,inspector ,general       
determines that a facility has failed to
 comply with the standards under section
 #b in two investigations under         
paragraph 7#a7 during any #b-year       
period1 and that such noncompliance     
constitutes a deficiency that threatens 
the health1 safety1 or the              
constitutional rights of detainees1 the 
,inspector ,general shall notify the    

,secretary of ,homeland ,security of    
such finding1 and the ,secretary shall--
  7i7 in the case of a facility that is 
not owned by the ,department of         
,homeland ,security1 not later than #cj 
days after receiving such notification1 
transfer each detainee to a facility    
that does so comply1 and terminate the  
contract with the owner of the facility2
 and  7ii7 in the case of a facility    
that is owned by the ,department of     
,homeland ,security1 not later than #fj 
days after receiving such notification1 
transfer each detainee to a facility    
that does so comply1 and suspend the use
 of such facility until such time as the
 ,inspector ,general certifies to the   
,secretary that the facility is in      
compliance with such standards1 and     
makes publicly available on the website 
of the ,department of ,homeland         
,security information relating to the   
remedial measures taken4  7b7           
,notification of death in custody ,not  
later than #bd hours after the death of 

an alien in the custody of the          
,department of ,homeland ,security1 the 
,secretary of ,homeland ,security shall 
notify the ,committees on the ,judiciary
 of the ,house of ,representatives and  
of the ,senate1 the ,committee on       
,homeland ,security of the ,house of    
,representatives1 and the ,committee on 
,homeland ,security and ,governmental   
,affairs of the ,senate of the death of 
such alien4  7c7 ,investigations on     
death in custody ,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 that death1 which shall include a 
root cause analysis that identifies any 
changes to policies1 practices1 training
 curricula1 staffing1 or potential      
system-wide errors that could reduce the
 probability of such an event in the    
future4 ,not later than #fj days after  
such a death1 the ,secretary shall make 
a report describing the results of such 

investigation publicly available on the 
website of the ,department of ,homeland 
,security4 ,the root cause analysis     
described in the previous sentence must 
include appropriately qualified         
personnel1 which1 at a minimum1 will    
consist of a medical professional       
qualified in any field germane to the   
death1 and 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 ,commission4 
7d7 ,definition ,the term death of an   
alien in the custody of the ,department 
of ,homeland ,security means any death  
of an alien occurring while the alien is
 under the supervision of the           
,department of ,homeland ,security1     
regardless of the location of the death1
 if the death may have resulted from a  
health problem1 which began1 existed    
during1 or was exacerbated during the   
detention of the alien4  7e7 ,report to 

,congress ,on an annual basis1 the      
,secretary of ,homeland ,security shall 
submit to the ,committees on the        
,judiciary of the ,house of             
,representatives and of the ,senate a   
report on the inspections and oversight 
of facilities at which aliens in the    
custody of the ,department of ,homeland 
,security are detained4 ,such report    
shall include information relating to1  
for the preceding year--  7#a7 each     
detention facility which the ,inspector 
,general found was not in compliance    
with the standards under section #b     
pursuant to an investigation conducted  
under subsection 7a77#a72  7#b7 any     
remedial actions taken1 or that the     
,secretary plans to take1 in order to   
comply with such standards2 and  7#c7   
whether the remedial actions described  
in paragraph 7#b7 were successful in    
bringing the facility into compliance   
with such standards4  7f7               
,classification of documents for        
purposes of ,,foia ,the reports under   

subsections 7a7 and 7b71 and any        
contract between the ,department of     
,homeland ,security and a private or    
public entity which 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  7g7 ,facilities matrix
 ,on the first day of each month1 the   
,secretary of ,homeland ,security shall 
ensure that there is publicly available 
on the website of the ,department of    
,homeland ,security1 the following      
information relating to each facility at
 which aliens in the custody of the     
,department of ,homeland ,security may  
be detained3  7#a7 ,the name and        
location of each facility4  7#b7        
,whether the facility houses adults1    
children1 or both4  7#c7 ,as of the     

first day of the month1 the number of   
beds available in each facility1        
disaggregated by gender4  7#d7 ,whether 
the facility is used to detain aliens   
for longer than #gb hours1 or for longer
 than #g days4  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      
adult4  7#f7 ,whether the facility is in
 compliance with the standards under    
section #b4  7#g7 ,in the case of a     
facility that is not owned by the       
,department of ,homeland ,security1 the 
nature of the contract providing for the
 detention of aliens at that facility4  
7#h7 ,the average1 median1 #beth        
quartile1 and #ejth quartile number of  
days that an alien has been detained at 
the facility during the preceding month4
  7h7 ,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  
taken into custody or released from     
custody by the ,department of ,homeland 
,security1 transferred to1 or detained  
in1 a detention facility1 or removed    
from the ,united ,states4  7i7          
,information collected and maintained   
for aliens in ,,dhs custody ,the        
,secretary of ,homeland ,security shall 
collect and maintain1 for each alien in 
the custody of the ,department of       
,homeland ,security1 the following      
information3  7#a7 ,the gender and age  
of the alien4  7#b7 ,the date on which  
the alien was detained4  7#c7 ,the      
country of origin of the alien4  7#d7   
,whether the alien is considered a      
vulnerable person 7as such term is      
defined in section #bcf7;g7 of the      
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #abbf7;g77 or a primary       
caregiver4  7#e7 ,the provision of law  
under with the ,secretary is authorized 

to detain the alien4  7#f7 ,the location
 where the alien is detained4  7#g7 ,any
 transfer of the alien to another       
detention facility1 and the reason for  
such transfer4  7#h7 ,the status and    
basis of any removal proceedings4  7#i7 
,the initial custody determination made 
by ,immigration and ,customs            
,enforcement1 and any review of that    
determination4  7#aj7 ,if applicable1   
the date of the alien's release or      
removal1 and the reason for such release
 or removal4  7#aa7 ,whether the alien  
is subject to a final order of removal4 
7#ab7 ,whether the alien was apprehended
 as part of a family unit4  7#ac7       
,whether the alien was separated from a 
family unit4  #d4 ,cause of action  7a7 
,in general ,an individual who is       
detained in a facility that is required 
to comply with the standards described  
in section #b1 and who 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 order       
injunctive relief and compensatory      
damages1 and may award the prevailing   
party reasonable attorney fees1 and     
costs4  #e4 ,,dhs detention facility    
construction and maintenance  7a7       
,restriction on construction of ,,dhs   
facilities ,not later than #ahj days    
before initiating1 or entering into a   
contract for1 the construction of a new 
facility or to expand an existing       
facility for the detention of aliens in 
the custody of the ,department of       
,homeland ,security1 the ,secretary of  
,homeland ,security shall submit to the 
,committees on the ,judiciary of the    
,house of ,representatives and of the   
,senate1 the ,committee on ,homeland    
,security of the ,house of              
,representatives1 and the ,committee on 
,homeland ,security and ,governmental   
,affairs of the ,senate a notification  
of the plan to construct or expand such 
facility1 including the location1 size1 

and capacity of such facility1 the      
anticipated timeline and cost of        
constructing or expanding such facility1
 and the intended population to be      
detained at such facility1 including the
 gender and ages of such population4    
,the ,secretary will make this          
information publicly available on the   
website of the ,department of ,homeland 
,security4  7b7 ,phase-,out of private  
detention facilities and use of jails   
7#a7 ,secure detention facilities       
,beginning on the date of the enactment 
of this ,act1 the ,secretary of         
,homeland ,security may not enter into  
or extend any contract or agreement with
 any public or private entity which owns
 or operates a detention facility for   
use of that facility to detain aliens in
 the custody of the ,department of      
,homeland ,security1 and shall terminate
 any such contract not later than the   
date that is #c years after the date of 
the enactment of this ,act4 ,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 ,beginning on the    
date of the enactment of this ,act1 the 
,secretary of ,homeland ,security may   
not enter into or extend any contract   
with any public or private for-profit   
entity which owns or operates a program 
or facility that provides for           
non-residential detention-related       
activities for aliens who are subject to
 monitoring by the ,department of       
,homeland ,security1 and shall terminate
 any such contract not later than the   
date that is #c years after the date of 
the enactment of this ,act4 ,beginning  
on the date that is #c years after the  
date of the enactment of this ,act1 any 
such program or facility shall be owned 
and operated by a nonprofit organization
 or by the ,department of ,homeland     

,security4  7#c7 ,publication of plan   
,not later than #fj days after the date 
of the enactment of this ,act1 the      
,secretary shall develop1 and make      
publicly available1 a plan and 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 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 7b71 7c71  
7d71 and 7e72  7#c7 by adding at the end
 the following3  7b7 ,bond determination
 ,in the case that an immigration judge 
makes a determination to release an     
alien on bond under this section1 the   
immigration judge 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      
alien1 and set bond at no amount greater
 than necessary to ensure the alien's   
appearance for removal proceedings4  7c7
 ,custody determination  7#a7 ,initial  
determination ,not later than #dh hours 

after taking an alien into custody under
 the authority provided by this section 
or section #bce of this ,act1 or those  
subject to a reinstated order of removal
 pursuant to section #bda7;a77#e7 who   
have 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 conditions1 as        
described in paragraph 7#d74  7#b7      
,timing ,if an alien seeks to challenge 
the initial custody determination under 
paragraph 7#a71 the alien shall be      
provided with the opportunity for a     
hearing before an immigration judge to  

determine whether the alien should be   
detained1 which hearing shall occur not 
later than #gb hours after the initial  
custody determination4  7#c7            
,presumption of release ,in a hearing   
under this subsection1 there shall be a 
presumption that the alien should be    
released4 ,the ,secretary of ,homeland  
,security 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 ensure 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 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 person or the community1 the  
immigration judge shall order the least 
restrictive conditions1 or combination  
of conditions1 that the judge determines
 will reasonably ensure the appearance  
of the alien as required and the safety 
of any other person and the community1  
which may include release on            
recognizance1 secured or unsecured      
release on bond1 or participation in a  
program described in subsection 7f74    
,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 ,in the case that the alien  
who is the subject of a custody         
determination under this subsection is a
 vulnerable person or a primary         
caregiver1 the alien may not be detained
 unless the ,secretary of ,homeland     

,security demonstrates1 in addition to  
the requirements under paragraph 7#c71  
that it is unreasonable or not          
practicable to place the individual in a
 community-based supervision program4   
7#f7 ,definitions ,in this subsection3  
7,a7 ,material witness ,the term        
material witness means an individual who
 presents a declaration to an attorney  
investigating1 prosecuting1 or defending
 the workplace claim or from the        
presiding officer overseeing the        
workplace claim attesting that1 to the  
best of the declarant's knowledge and   
belief1 reasonable cause exists to      
believe that the testimony of the       
individual will be relevant to the      
outcome of the workplace claim4  7,b7   
,primary caregiver ,the term primary    
caregiver means a person who is         
established to be a caregiver1 parent1  
or close relative caring for or         
traveling with a child4  7,c7           
,vulnerable person ,the term vulnerable 
person means an individual who-- 7i7 is 

under #ba years of age or over #fj years
 of age2  7ii7 is pregnant2  7iii7      
identifies as lesbian1 gay1 bisexual1   
transgender1 or intersex2  7iv7 is a    
victim or witness of a crime2  7v7 has  
filed a nonfrivolous civil rights claim 
in ,federal or ,state court2  7vi7 has  
filed1 or is a material witness to1 a   
bonafide workplace claim2  7vii7 has a  
serious mental or physical illness or   
disability2  7viii7 has been determined 
by an asylum officer in an interview    
conducted under section                 
#bce7;b77#a77;,b7 to have a credible    
fear of persecution or torture2  7ix7   
has limited ,english language           
proficiency and is not provided access  
to appropriate and meaningful language  
services in a timely fashion2 or  7x7   
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,d7 ,workplace claim  
,the term workplace claim means any     
written or oral claim1 charge1          
complaint1 or grievance filed with1     
communicated to1 or submitted to the    
employer1 a ,federal1 ,state1 or local  
agency or court1 or an employee         
representative related to the violation 
of applicable ,federal1 ,state1 and     
local labor laws1 including laws        
concerning wages and hours1 labor       
relations1 family and medical leave1    
occupational health and safety1 civil   
rights1 or nondiscrimination4  7#g7     
,subsequent determinations ,an alien who
 is detained under this section shall be
 provided with a de novo custody        
determination hearing under this        
subsection every #fj days1 as well as   
upon showing of a change in             
circumstances or good cause for such a  
hearing4  7d7 ,release upon an order    
granting relief from removal ,in the    

case of 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 the ,secretary of       
,homeland ,security shall immediately   
release the alien upon entry of the     
order1 and may impose only reasonable   
conditions on the alien's release from  
custody4  7e7 ,prohibition on detention 
of children  ,notwithstanding any other 
provision of this ,act1 the ,secretary  
of ,homeland ,security is prohibited    
from detaining anyone under the age of  
#ah in a facility operated or contracted
 by ,u4,s4 ,immigration and ,customs    
,enforcement4  7f7 ,alternatives to     
detention  7#a7 ,in general ,the        
,secretary of ,homeland ,security 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 support4 ,the ,secretary 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  
,in determining whether to order an     
alien to participate in a program under 
this subsection1 the ,secretary1 or the 
immigration judge1 as appropriate shall 
make an individualized determination to 
determine the appropriate level of      
supervision for the alien4              
,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  7#c7 ,prohibition on fees   
for monitoring devices ,in a case in    

which an alien is required to wear an   
ankle monitor or other homing device as 
an alternative to detention1 the alien  
may not be charged any fee associated   
with such monitor or device that exceeds
 the cost of maintaining and operating  
such monitor or device4  2 and  7#d7 by 
striking ,attorney ,general each place  
such term appears and inserting         
,secretary of ,homeland ,security4  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
 ,secretary of ,homeland ,security4  7c7
 ,mandatory detention repealed  7#a7 ,in
 general ,the ,immigration and          
,nationality ,act 7#h ,u4,s4,c4 #aaja et
 seq47 is amended-- 7,a7 in section     
#bce7;b7--  7i7 in paragraph 7#a77;,b7--
 7,i7 in clause 7ii71 by striking       
detained and inserting referred2 and    
7,,ii7 in clause 7iii71 by striking     
subclause 7,,iv72 and  7ii7 in paragraph
 7#b77;,a71 by striking detained and    
inserting referred2  7,b7 by striking   
section #bcf;,a2  7,c7 in section       
#bch7;a77#b71 by striking pursuant to   
section #bcf7;c712 and  7,d7 in section 
#ejf7;a77#b7-- 7i7 by amending the      
heading to read as follows3 ,release    
hearing for aliens detained2 and  7ii7  
in subparagraph 7,a7-- 7,i7 in the      
matter preceding clause 7i71 by striking
 lawfully admitted for permanent        

residence2  7,,ii7 by striking clause   
7i72 and  7,,iii7 by redesignating      
clauses 7ii7 and 7iii7 as clauses 7i7   
and 7ii71 respectively4  7#b7           
,conforming amendments ,section         
#bda7;c77#c77;,a77ii7 of the            
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #abca7;c77#c77;,a77ii77 is    
amended--  7,a7 in subclause 7,i71 by   
striking the comma at the end and       
inserting 2 or2  7,b7 in subclause      
7,,ii71 by striking 1 or and inserting a
 period2 and  7,c7 by striking subclause
 7,,iii74  7d7 ,aliens ordered removed  
7#a7 ,in general ,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 or 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-- 7i7 in the heading1
 by striking #ij-;day and inserting     
#fj-;day2 and  7ii7 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  7,d7 by amending   

paragraph 7#f7 to read as follows3  7#f7
 ,subsequent custody redetermination    
hearings  7,a7 ,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 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 ,secretary of ,homeland         
,security 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 and may not be established  
based only 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 ,secretary 
of ,homeland ,security may seek         
subsequent redetermination hearings     
under this paragraph in order to        
continue detaining an alien beyond each 
such #fj-;day period4  2 and  7,e7 by   
striking paragraph 7#g74  7#b7          
,technical and conforming amendments    
,the ,immigration and ,nationality ,act 
7#h ,u4,s4,c4 #aaja et seq47 is         
amended--  7,a7 in section #bch 7#h     
,u4,s4,c4 #abbh7-- 7i7 in subsection    
7a77#a71 in the first sentence--  7,i7  
by striking section                     
#bda7;a77#b77;,a77iii7 and inserting    
section #bcg7;a77#b77;,a77iii72  7,,ii7 
by striking section                     
#bda7;a77#b77;,a77ii7 and inserting     
section #bcg7;a77#b77;,a77ii72 and      
7,,iii7 by striking section             
#bda7;a77#b77;,a77i7 and inserting      
#bcg7;a77#b77;,a77i72 and  7ii7 in the  
second subsection 7c7--  7,i7 in        
paragraph 7#b77;,b71 by striking section
 #bda7;a77#b77;,a7 and inserting section

 #bcg7;a77#b77;,a72 and  7,,ii7 in      
paragraph 7#d71 by striking section     
#bda7;a7 and inserting section #bcg7;a72
  7,b7 in section #bgf7;b77#d7 7#h      
,u4,s4,c4 #acbf7;b77#d771 by striking   
section #bda7;a77#d77;,b7 and inserting 
section #bcg7;a77#d77;,b72 and  7,c7 in 
section #eja7a7 7#h ,u4,s4,c4 #aeca7a771
 by striking section #bda7;a77#d77;,b7  
and inserting section #bcg7;a77#d77;,b74
  #h4 ,sense of ,congress  ,it is the   
sense of ,congress that detention1 even 
for a short period of time1 inflicts    
severe1 irreparable harm on children and
 should be avoided4