,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fecg ,,in ,,the ,,house ,,of ,,representatives ,april #ag1 #bjbj,ms4 ,jayapal 7for herself1 ,mr4 ,nadler1 ,mr4 ,blumenauer1 ,mr4 ,crdenas1 ,ms4 ,judy ,chu of ,california1 ,mr4 ,espaillat1 ,mr4 ,garca of ,illinois1 ,ms4 ,garcia of ,texas1 ,ms4 ,haaland1 ,mr4 ,hastings1 ,ms4 ,norton1 ,ms4 ,jackson ,lee1 ,mr4 ,johnson of ,georgia1 ,mr4 ,kennedy1 ,ms4 ,lee of ,california1 ,mr4 ,lewis1 ,ms4 ,lofgren1 ,mr4 ,mc,govern1 ,ms4 ,moore1 ,ms4 ,omar1 ,mr4 ,pocan1 ,ms4 ,pressley1 ,mr4 ,quigley1 ,mr4 ,raskin1 ,mr4 ,rush1 ,ms4 ,schakowsky1 ,mr4 ,smith of ,washington1 ,ms4 ,tlaib1 ,ms4 ,velzquez1 and ,mr4 ,welch7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to require the release of most aliens detained by ,u4,s4 ,immigration and ,customs ,enforcement during a national emergency related to a communicable disease4 #a4 ,short title ,this ,act may be cited as the ,federal ,immigrant ,release for ,safety and security ,together ,act or the ,,first ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,covered health condition ,the term covered health condition1 with respect to an individual1 means the individual-- 7,a7 is pregnant2 7,b7 has chronic lung disease or asthma2 7,c7 has congestive heart failure1 coronary artery disease1 or hypertension2 7,d7 has diabetes2 7,e7 has epilepsy2 7,f7 has a neurological condition that weakens the ability to cough2 7,g7 has human immunodeficiency virus 7,,hiv72 7,h7 has chronic liver or kidney disease 7including hepatitis and dialysis patients72 7,i7 has blood disorders 7including sickle cell anemia72 7,j7 has inherited metabolic disorders2 7,k7 had a stroke2 7,l7 has a developmental delay2 7,m7 has cancer or has had cancer during the last #ab months2 7,n7 has a weakened immune system2 or 7,o7 has any other condition identified by the ,centers for ,disease ,control and ,prevention to increase the risk of serious illness from a communicable disease4 7#b7 ,covered individual ,the term covered individual means an individual who-- 7,a7 is #ej years of age or older2 7,b7 is #ba years of age or younger2 or 7,c7 has a covered health condition4 7#c7 ,enforcement action ,the term enforcement action means an apprehension or arrest for the purpose of immigration enforcement4 7#d7 ,national emergency related to a communicable disease ,the term national emergency related to a communicable disease means-- 7,a7 an emergency involving ,federal primary responsibility determined to exist by the ,president under section #eja7;b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaia7;b77 with respect to a communicable disease2 or 7,b7 a national emergency declared by the ,president under the ,national ,emergency ,act 7#ej ,u4,s4,c4 #afaj et seq47 with respect to a communicable disease4 7#e7 ,sensitive location ,the term sensitive location means all physical space located within #a1jjj feet of-- 7,a7 a medical treatment or health care facility1 including a hospital1 an office of a health care practitioner1 an accredited health clinic1 an alcohol or drug treatment center1 an emergent or urgent care facility1 and a community health center2 7,b7 a location at which emergency service providers distribute food or provide shelter2 7,c7 an organization that provides-- 7i7 disaster or emergency social services and assistance2 7ii7 services for individuals experiencing homelessness1 including food banks and shelters2 or 7iii7 assistance for children1 pregnant women1 victims of crime or abuse1 or individuals with significant mental or physical disabilities2 7,d7 a public assistance office1 including any ,federal1 ,state1 or municipal location at which individuals may apply for or receive unemployment compensation or report violations of labor and employment laws2 7,e7 a ,federal1 ,state1 or local courthouse1 including the office of the legal counsel or representative of an individual2 7,f7 a domestic violence shelter1 rape crisis center1 supervised visitation center1 family justice center1 or victim services provider2 7,g7 an office of the ,social ,security ,administration2 7,h7 a childcare facility or a school1 including a preschool1 primary school1 secondary school1 post-secondary school up to and including a college or university1 and any other institution of learning such as a vocational or trade school2 7,i7 a church1 synagogue1 mosque1 or any other institution of worship1 such as a building rented for the purpose of a religious service2 7,j7 the site of a funeral1 wedding1 or any other public religious ceremony2 7,k7 in the case of a jurisdiction in which a shelter-in-place order is in effect during a coronavirus public health emergency1 any business location considered to provide an essential service1 such as a pharmacy or a grocery store2 and 7,l7 any other location specified by the ,secretary of ,homeland ,security4 #c4 ,release of certain covered individuals 7a7 ,release ,during the period beginning on the date on which a national emergency related to a communicable disease is declared1 the ,secretary of ,homeland ,security shall release from detention all covered individuals who are in the custody of ,u4,s4 ,immigration and ,customs ,enforcement without requiring any covered individual to post a bond4 7b7 ,exception ,in carrying out subsection 7a71 the ,secretary-- 7#a7 may not release any individual determined1 by clear and convincing evidence1 to be likely to pose a specific and substantial risk of causing bodily injury or using violent force against the person of another2 7#b7 shall place1 in the ,a-file of each individual described in paragraph 7#a71 documentation of the determination described in such paragraph1 including the evidence used to make such determination2 7#c7 not later than #ahj days after the date on which the national emergency relating to a communicable disease expires1 shall submit a report to ,congress that documents-- 7,a7 the demographic data 7including country of origin1 race1 gender1 age1 the status and basis of removal proceedings1 and criminal history7 of the individuals denied release pursuant to paragraph 7#a72 and 7,b7 the justification for such denials2 and 7#d7 may not use the results of any determination under paragraph 7#a7 as evidence in any underlying immigration proceeding4 7c7 ,notice ,the ,secretary shall provide notice to nonprofit organizations providing services to immigrants in the communities surrounding a detention facility if more than #be individuals are released from such facility in a #bd-;hour period4 #d4 ,review of immigration files 7a7 ,mandatory review 7#a7 ,in general ,notwithstanding any other provision of law that mandates detention1 the ,secretary of ,homeland ,security shall determine whether each individual in detention who is not a covered individual will remain in detention for the duration of a national emergency4 7#b7 ,process ,not later than #g days after the declaration of a national emergency related to a communicable disease1 the ,secretary shall establish a process for reviewing the immigration files of all individuals in detention who are not covered individuals1 and apply a presumption that aliens should be released based upon the need to significantly reduce the detention population due to the risk of spread of a communicable disease in congregate setting4 7b7 ,exceptions 7#a7 ,in general ,in carrying out subsection 7a71 the ,secretary-- 7,a7 may only rebut the presumption of release based on a credible and individualized determination by clear and convincing evidence that-- 7i7 the use of alternatives to detention1 including release on recognizance or parole1 will not reasonably ensure the appearance of the individual at removal proceedings2 or 7ii7 the individual is likely to pose a specific and substantial risk of causing bodily injury or using violent force against the person of another2 7,b7 may not release an individual with a final order of removal entered against him or her1 after all appeals have been exhausted if the removal of such alien is reasonably foreseeable2 and 7,c7 may not use the results of any determination under this section as evidence in any underlying immigration proceeding4 7#b7 ,pending criminal charge or past convictions ,for purposes of paragraph 7#a77;,a71 the ,secretary may not justify the continued detention of an individual solely based on the fact that the individual-- 7,a7 has a criminal charge pending against him or her2 or 7,b7 was convicted of a crime more than #e years previously4 7#c7 ,reasonably foreseeable defined 7,a7 ,in general ,for purposes of paragraph 7#a77;,c71 the removal of an alien is reasonably foreseeable if the ,government-- 7i7 has already obtained travel documents for the alien2 or 7ii7 can demonstrate1 by clear and convincing evidence1 that such travel documents will likely be obtained within #aj days4 7,b7 ,exception ,for purposes of paragraph 7#a77;,c71 the removal of an alien is not reasonably foreseeable if such removal is not likely during the period of the national emergency related to a communicable disease due to-- 7i7 the unavailability of transportation options to the country of removal2 or 7ii7 the refusal of the country of removal to accept the repatriation of the alien during such period4 7c7 ,report ,not later than #ahj days after the expiration of the national emergency related to a communicable disease1 the ,secretary of ,homeland ,security shall submit a report to ,congress that documents-- 7#a7 the demographic data1 including country of origin1 race1 gender1 age1 the status and basis of removal proceedings1 and criminal history1 of the individuals denied release pursuant to subsection 7a72 and 7#b7 the justification for such denials4 #e4 ,limitation on interior enforcement 7a7 ,in general ,except as provided in subsection 7c71 beginning on the date on which a national emergency related to a communicable disease is declared and ending on the date that such national emergency expires1 ,u4,s4 ,immigration and ,customs ,enforcement shall take measures to prevent the spread of the communicable viral disease by suspending-- 7#a7 the requirement that individuals under supervision or enrolled in ,enforcement and ,removal ,operations' ,intensive ,supervision ,appearance ,program report in-person2 7#b7 enforcement in sensitive locations without a valid judicial warrant2 and 7#c7 enforcement actions4 7b7 ,suspension of collateral arrests ,except as provided in subsection 7c71 if an individual1 who is only in violation of civil immigration law1 is encountered by ,u4,s4 ,immigration and ,customs ,enforcement1 the individual may be issued charging documents1 but may not be taken into custody or placed in detention4 7c7 ,exception ,the suspensions under subsections 7a77#a71 7a77#c71 and 7b7 shall not apply to individuals who are determined1 by clear and convincing evidence1 to be likely to pose a specific and substantial risk of causing bodily injury or using violent force against another person4 #f4 ,access to telephonic and video communication and hygiene products ,during the period beginning on the date on which a national emergency related to a communicable disease is declared and ending on the date that is #fj days after the expiration of such national emergency1 the ,secretary shall ensure that-- 7#a7 all persons in the custody of ,u4,s4 ,immigration and ,customs ,enforcement-- 7,a7 have access to telephonic or video communication at no cost to the detained individual2 7,b7 have access to free1 unmonitored phone calls1 at any time1 to contact attorneys or legal service providers in a sufficiently private space to protect confidentiality2 7,c7 are permitted to receive legal correspondence by fax or email rather than postal mail2 and 7,d7 are provided sufficient soap1 hand sanitizer1 and other hygiene products2 and 7#b7 nonprofit organizations providing legal orientation programming or know-your-rights programming to immigrants are permitted broad and flexible access-- 7,a7 to provide group presentations by video-conference2 and 7,b7 to schedule and receive free calls or televideo conferences from individuals in custody for individual orientations4 #g4 ,expiration of national emergency related to a communicable disease 7a7 ,in general ,any individual who has been granted release from immigration detention under this ,act may not be redetained solely as a result of the expiration of the national emergency related to a communicable disease4 7b7 ,grounds for redetention ,upon the expiration of the national emergency related to a communicable disease1 the ,secretary of ,homeland ,security may not redetain a covered individual who was released from detention pursuant to section #c unless the ,secretary1 in consultation with the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 determines1 by clear and convincing evidence1 including credible and individualized information1 that-- 7#a7 the use of alternatives to detention1 including release on recognizance or parole1 will not reasonably ensure the appearance of the covered individual at removal proceedings2 or 7#b7 the covered individual is a threat to another person or the community4 7c7 ,pending criminal charge or past convictions ,for purposes of subsection 7b71 the ,secretary may not justify the redetention of a covered individual solely based on the fact that the individual-- 7#a7 has a criminal charge pending against him or her2 or 7#b7 was convicted of a crime more than #e years previously4