,,ii #aafth ,,congress #ast ,session ,s4 #bcif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ca1 #bjai,mr4 ,menendez 7for himself1 ,mrs4 ,gillibrand1 ,mr4 ,booker1 ,ms4 ,harris1 ,ms4 ,warren1 and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to protect ,united ,states citizens and residents from unlawful profiling1 arrest1 and detention1 and for other purposes4 #a4 ,short titles2 table of contents 7a7 ,short titles ,this ,act may be cited as the ,protecting the ,rights of ,families and ,immigrants ,who ,legally ,entered ,from ,detention ,act or the ,,profiled ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short titles2 table of contents4,sec4 #b4 ,findings4,sec4 #c4 ,definitions4,,title ,i--,prohibition of racial profiling,sec4 #aja4 ,prohibition4,sec4 #ajb4 ,enforcement4,sec4 #ajc4 ,policies to eliminate racial profiling4,sec4 #ajd4 ,attorney ,general to issue regulations4,sec4 #aje4 ,publication of data4,sec4 #ajf4 ,limitations on publication of data4,,title ,,ii--,protection from unlawful arrest and detention,sec4 #bja4 ,protections against unlawful detentions of citizens of the ,united ,states4,sec4 #bjb4 ,protections for primary caregivers with children4,sec4 #bjc4 ,basic protections for vulnerable populations4,sec4 #bjd4 ,reports on protections from unlawful detention4,sec4 #bje4 ,immigration and ,customs ,enforcement ,ombudsman4,sec4 #bjf4 ,rulemaking4,sec4 #bjg4 ,rescission4 #b4 ,findings ,congress finds the following3 7#a7 ,officials at ,u4,s4 ,immigration and ,customs ,enforcement have mistakenly detained and deported ,united ,states citizens and lawful permanent residents4 7#b7 ,mistaken identities1 bureaucratic mix-ups1 and discriminatory attitudes further contribute to unconstitutional actions against ,united ,states citizens1 lawful permanent residents1 and other persons lawfully present in the ,united ,states4 7#c7 ,the ,united ,states should not be a country in which ,united ,states citizens and lawful permanent residents are mistakenly or unlawfully detained1 deported1 or mistreated by government agents4 7#d7 ,no person in the ,united ,states should be subject to government actions that deny basic protections or constitutional rights4 #c4 ,definitions ,in this ,act3 7#a7 ,department ,the term ,department means the ,department of ,homeland ,security4 7#b7 ,detained ,the term detained1 with respect to an individual1 means an individual who is in government custody or subject any other deprivation of the freedom of movement by government agents4 7#c7 ,detainee ,the term detainee means an individual detained during an immigration-related enforcement activity4 7#d7 ,detention ,the term detention1 in the context of an immigration-related enforcement activity1 means government custody or any other deprivation of the freedom of movement of an individual by government agents4 7#e7 ,governmental body ,the term governmental body means any department1 agency1 special purpose district1 or other instrumentality of ,federal1 ,state1 local1 or ,indian tribal government4 7#f7 ,hit rate ,the term hit rate means the percentage of stops and searches in which a law enforcement officer finds drugs1 a gun1 or something else that leads to an arrest4 ,the hit rate is calculated by dividing the total number of searches by the number of searches that yield contraband4 ,the hit rate is complementary to the rate of false stops4 7#g7 ,immigration-related enforcement activity ,the term immigration-related enforcement activity means any action by a government agent in which-- 7,a7 an individual suspected of an immigration violation is detained for such violation2 or 7,b7 an individual who has been detained by government agents is questioned about a possible immigration violation4 7#h7 ,law enforcement agency ,the term law enforcement agency means any ,federal1 ,state1 local1 or ,indian tribal public agency engaged in the prevention1 detection1 or investigation of violations of criminal1 immigration1 or customs laws4 7#i7 ,law enforcement agent ,the term law enforcement agent means any ,federal1 ,state1 local1 or ,indian tribal official responsible for enforcing criminal1 immigration1 or customs laws1 including police officers and other agents of a law enforcement agency4 7#aj7 ,racial profiling ,the term racial profiling means the practice of a law enforcement agent or agency relying1 to any degree1 on actual or perceived race1 ethnicity1 national origin1 religion1 gender1 gender identity1 or sexual orientation in selecting which individual to subject to routine or spontaneous investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial investigatory procedure1 except when there is trustworthy information1 relevant to the locality and timeframe1 that links a person with a particular characteristic described in this paragraph to an identified criminal incident or scheme4 7#aa7 ,routine or spontaneous investigatory activities ,the term routine or spontaneous investigatory activities means the following activities by a law enforcement agent3 7,a7 ,interviews4 7,b7 ,traffic stops4 7,c7 ,pedestrian stops4 7,d7 ,frisks and other types of body searches4 7,e7 ,consensual or nonconsensual searches of the persons1 property1 or possessions 7including vehicles7 of individuals using any form of public or private transportation1 including motorists and pedestrians4 7,f7 ,data collection and analysis1 assessments1 and predicated investigations4 7,g7 ,inspections and interviews of entrants into the ,united ,states that are more extensive than those customarily carried out4 7,h7 ,immigration-related workplace investigations4 7,i7 ,such other types of law enforcement encounters compiled for or by the ,federal ,bureau of ,investigation or the ,department of ,justice ,bureau of ,justice ,statistics4 7#ab7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#ac7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and any other territory or possession of the ,united ,states4 7#ad7 ,vulnerable population ,the term vulnerable population includes any of the following3 7,a7 ,individuals with a nonfrivolous claim to ,united ,states citizenship4 7,b7 ,individuals who have a disability or have been determined by a medically trained professional to have medical or mental health needs4 7,c7 ,pregnant or nursing women4 7,d7 ,individuals who are detained with #a or more of their children4 7,e7 ,individuals who provide financial1 physical1 and other direct support to their minor children1 parents1 or other dependents4 7,f7 ,individuals who are at least #fe years of age4 7,g7 ,children 7as defined in section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a7774 7,h7 ,victims of abuse1 violence1 crime1 or human trafficking4 7,i7 ,individuals who have been referred for a credible fear interview1 a reasonable fear interview1 or an asylum hearing4 7,j7 ,stateless individuals4 7,k7 ,individuals who have applied or intend to apply for asylum1 withholding of removal1 or protection under the ,convention ,against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york1 ,december #aj1 #aihd4 7,l7 ,individuals who make a prima facie case for eligibility for relief under any provision of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 including returning lawful permanent residents4 7,m7 ,individuals who self-identify as lesbian1 gay1 bisexual1 transgender1 or queer 7,,lgbtq74 7,n7 ,any group designated by the ,secretary as a vulnerable population4 ,i ,prohibition of racial profiling #aja4 ,prohibition ,no law enforcement agent or law enforcement agency shall engage in racial profiling4 #ajb4 ,enforcement 7a7 ,remedy ,the ,united ,states1 or an individual injured by racial profiling1 may enforce this part in a civil action for declaratory or injunctive relief1 filed either in a ,state court of general jurisdiction or in a district court of the ,united ,states4 7b7 ,parties ,in any action brought under this part1 relief may be obtained against-- 7#a7 any governmental body that employed any law enforcement agent who engaged in racial profiling2 7#b7 any agent of a governmental body who engaged in racial profiling2 and 7#c7 any person with supervisory authority over an agent described in paragraph 7#b74 7c7 ,nature of proof ,proof that the routine or spontaneous investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on individuals with a particular characteristic described in section #c7aa7 shall constitute prima facie evidence of a violation of this part4 7d7 ,attorney's fees ,in any action or proceeding to enforce this part against any governmental body1 the court may allow a prevailing plaintiff1 other than the ,united ,states1 reasonable attorney's fees as part of the costs1 and may include expert fees as part of the attorney's fee4 #ajc4 ,policies to eliminate racial profiling 7a7 ,in general ,federal1 ,state1 local1 and ,indian tribal law enforcement agencies shall-- 7#a7 maintain adequate policies and procedures designed to eliminate racial profiling2 and 7#b7 cease practices in effect on the date before the date of enactment of this ,act that allow racial profiling4 7b7 ,policies ,the policies and procedures described in subsection 7a77#a7 shall include-- 7#a7 a prohibition on racial profiling2 7#b7 training on racial profiling issues as part of law enforcement training2 7#c7 the collection of data in accordance with the regulations issued by the ,attorney ,general under section #ajd2 7#d7 procedures for receiving1 investigating1 and responding meaningfully to complaints alleging racial profiling by law enforcement agents2 and 7#e7 any other policies and procedures the ,attorney ,general determines to be necessary to eliminate racial profiling by law enforcement agencies4 #ajd4 ,attorney ,general to issue regulations 7a7 ,regulations ,not later than #f months after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with stakeholders1 including ,federal1 ,state1 and local law enforcement agencies and community1 professional1 research1 and civil rights organizations1 shall issue regulations for the collection and compilation of data under section #ajc4 7b7 ,requirements ,the regulations issued under subsection 7a7 shall-- 7#a7 provide for the collection of data on all routine or spontaneous investigatory activities2 7#b7 provide that the data collected shall-- 7,a7 be collected by race1 ethnicity1 national origin1 gender1 and religion1 as perceived by the law enforcement officer2 7,b7 include the date1 time1 and location of such investigatory activities2 7,c7 include detail sufficient to permit an analysis of whether a law enforcement agency is engaging in racial profiling2 and 7,d7 not include personally identifiable information2 7#c7 provide that a standardized form shall be made available to law enforcement agencies for the submission of collected data to the ,department of ,justice2 7#d7 provide that law enforcement agencies shall compile data on the standardized form made available under paragraph 7#c71 and submit the form to the ,civil ,rights ,division and the ,department of ,justice ,bureau of ,justice ,statistics2 7#e7 provide that law enforcement agencies shall maintain all data collected under this subtitle for not less than #d years2 7#f7 include guidelines for setting comparative benchmarks1 consistent with best practices1 against which collected data shall be measured2 7#g7 provide that the ,department of ,justice ,bureau of ,justice ,statistics shall-- 7,a7 analyze the data for any statistically significant disparities1 including-- 7i7 disparities in the percentage of drivers or pedestrians stopped relative to the proportion of the population passing through the neighborhood2 7ii7 disparities in the hit rate2 and 7iii7 disparities in the frequency of searches performed on racial or ethnic minority drivers and the frequency of searches performed on non-minority drivers2 and 7,b7 not later than #c years after the date of enactment of this ,act1 and annually thereafter-- 7i7 prepare a report regarding the findings of the analysis conducted under subparagraph 7,a72 7ii7 provide such report to ,congress2 and 7iii7 make such report available to the public1 including on a website of the ,department of ,justice2 and 7#h7 protect the privacy of individuals whose data is collected by-- 7,a7 limiting the use of the data collected under this subtitle to the purposes set forth in this subtitle2 7,b7 except as otherwise provided in this subtitle1 limiting access to the data collected under this subtitle to those ,federal1 ,state1 local1 or tribal employees or agents who require such access in order to fulfill the purposes for the data set forth in this subtitle2 7,c7 requiring contractors or other non-governmental agents who are permitted access to the data collected under this subtitle to sign use agreements incorporating the use and disclosure restrictions set forth in subparagraph 7,a72 and 7,d7 requiring the maintenance of adequate security measures to prevent unauthorized access to the data collected under this subtitle4 #aje4 ,publication of data ,the ,department of ,justice ,bureau of ,justice ,statistics shall provide to ,congress and make available to the public1 together with each annual report described in section #ajd7;b77#g77;,b71 the data collected pursuant to this subtitle1 excluding any personally identifiable information described in section #ajf4 #ajf4 ,limitations on publication of data ,the name or identifying information of a law enforcement officer1 complainant1 or any other individual involved in any activity for which data is collected and compiled under this subtitle shall not be-- 7#a7 released to the public2 7#b7 disclosed to any person1 except for-- 7,a7 such disclosures as are necessary to comply with this subtitle2 7,b7 disclosures of information regarding a particular person to that person2 or 7,c7 disclosures pursuant to litigation2 or 7#c7 subject to disclosure under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act71 except for disclosures of information regarding a particular person to that person4 ,,ii ,protection from unlawful arrest and detention #bja4 ,protections against unlawful detentions of citizens of the ,united ,states 7a7 ,notifications 7#a7 ,in general ,prior to questioning an individual who has been detained on the basis of a suspected immigration violation or has been detained during an immigration-related enforcement activity1 any law enforcement agent shall first advise the individual1 in the language requested by the individual that-- 7,a7 the individual has the right to be represented by counsel at no expense to the ,federal ,government2 7,b7 the individual may remain silent2 and 7,c7 any statement made by the individual may be used against the detainee in a subsequent removal or criminal proceeding4 7#b7 ,effect of violation ,any evidence obtained by a law enforcement agent from an individual in violation of paragraph 7#a7 may not be-- 7,a7 admissible in a removal proceeding against the individual2 or 7,b7 used to confirm that the individual is not a citizen of the ,united ,states4 7b7 ,access to counsel 7#a7 ,in general ,an individual who is subject to1 or detained during1 an immigration-related enforcement activity may be represented by legal counsel at any time4 7#b7 ,list of free legal services ,the examining officer shall1 in the language requested by the individual being detained-- 7,a7 provide such individual1 at the time of detention of such individual for an immigration-related violation1 with a list of available free or low-cost legal services provided by organizations and attorneys that are located in the region in which the detention occurred2 and 7,b7 certify on the ,notice to ,appear issued to such individual that such a list was provided to the individual4 7#c7 ,amendment ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 is amended-- 7,a7 by redesignating subsection 7e7 as subsection 7k72 7,b7 by redesignating subsections 7b71 7c71 and 7d7 as subsections 7f71 7g71 and 7h71 respectively2 and 7,c7 by inserting before subsection 7k71 as so redesignated1 the following3 7j7 ,right of access to counsel ,an individual may be represented by counsel of the individual's choosing while being subject to any immigration-related enforcement activity1 including-- 7#a7 interviews2 7#b7 processing appointments2 7#c7 booking or intake questions2 7#d7 hearings2 and 7#e7 any procedure that may result in a conclusion that the detainee will be detained or removed from the ,united ,states4 4 7c7 ,notice 7#a7 ,amendment ,section #bcf of such ,act1 as amended by subsection 7b77#c71 is further amended by inserting before subsection 7j71 the following3 7i7 ,notice and charges 7#a7 ,in general ,not later than #dh hours after the commencement of a detention of an individual under this section1 the ,secretary of ,homeland ,security shall-- 7,a7 file a ,notice to ,appear or other relevant charging document with the immigration court closest to the location at which the individual was apprehended2 and 7,b7 serve such notice or charging document on the individual4 7#b7 ,custody determination ,any individual who is detained under this section for more than #dh hours shall be brought before an immigration judge for a custody determination not later than #gb hours after the commencement of such detention unless the individual waives the right in accordance with paragraph 7#c74 7#c7 ,waiver ,the requirements of this subsection may be waived for not more than #g days if the detainee-- 7,a7 enters into a written agreement with the ,department of ,homeland ,security to waive such requirements2 and 7,b7 is prima facie eligible for immigration benefits or demonstrates prima facie eligibility for a defense against removal4 4 7#b7 ,applicability of other law ,nothing in subsection 7i7 of section #bcf of the ,immigration and ,nationality ,act1 as added by paragraph 7#a71 may be construed to repeal section #bcf;,a of such ,act 7#h ,u4,s4,c4 #abbf;a74 7d7 ,access to telephones 7#a7 ,in general ,not later than #f hours after the commencement of a detention of an individual during an immigration-related enforcement activity1 an official of the ,department or a law enforcement agency shall provide the individual with access to a telephone to make telephone calls at no charge to the detainee to-- 7,a7 the consulate of the individual2 7,b7 designated free legal-service providers or legal representatives who are providing free representation for the individual2 7,c7 an office of the ,u4,s4 ,immigration and ,customs ,enforcement2 7,d7 an immigration court or the ,board of ,immigration ,appeals2 7,e7 the ,office of the ,inspector ,general of the ,department2 7,f7 the ,office for ,civil ,rights and ,civil ,liberties of the ,department2 and 7,g7 any ,federal or ,state court in which the detainee is or may become involved in a legal proceeding4 7#b7 ,confidential telephone calls 7,a7 ,in general ,a detainee shall be permitted to make confidential telephone calls at no charge to the detainee if the detainee-- 7i7 is subject to expedited removal2 7ii7 has dependents2 or 7iii7 is experiencing a personal or family emergency4 7,b7 ,additional confidential telephone calls ,a detainee shall be permitted to make additional confidential telephone calls at no cost to the ,federal ,government4 7e7 ,protection of community-,based organizations1 faith-,based organizations and other institutions 7#a7 ,in general ,the ,secretary shall issue regulations requiring officials of the ,department or law enforcement agencies-- 7,a7 to prohibit the apprehension of an individual as part of an immigration-related enforcement activity on the premises or in the immediate vicinity of-- 7i7 a childcare provider2 7ii7 a school2 7iii7 a legal-service provider2 7iv7 a ,federal court or ,state court proceeding2 7v7 an administrative proceeding2 7vi7 a funeral home2 7vii7 a cemetery2 7viii7 a college1 university1 or community college2 7ix7 a victim services agency2 7x7 a social service agency2 7xi7 a hospital or emergency care center2 7xii7 a health care clinic2 and 7xiii7 a place of worship2 and 7,b7 to tightly control investigative operations at the locations described in subparagraph 7,a74 7#b7 ,exception 7,a7 ,in general ,notwithstanding paragraph 7#a71 an immigration-related enforcement activity may be carried out in a location described under paragraph 7#a77;,a7 if the ,secretary determines that exigent circumstances exist and approves such activity4 7,b7 ,exigent circumstances defined ,in this paragraph1 the term exigent circumstances means1 with respect to an immigration-related enforcement activity1 that such activity-- 7i7 involves a national security or terrorism matter2 7ii7 involves an imminent risk of death1 violence1 or physical harm to any person or property2 7iii7 involves the immediate arrest or pursuit of a dangerous felon1 terrorist suspect1 or any other individual that present an imminent danger to public safety2 or 7iv7 involves an imminent risk of destruction of evidence material to an ongoing criminal case4 7#c7 ,notice to appear ,the ,secretary shall amend the ,notice to ,appear form to include a statement that no immigration-related enforcement activity was undertaken in any of the locations described under paragraph 7#a77;,a7 unless such activity was approved under paragraph 7#b74 7f7 ,transfer of detainees 7#a7 ,procedures ,in adopting procedures relating to the transfer of individuals detained under section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf71 the ,secretary shall promulgate regulations requiring officials of the ,department to give substantial weight to-- 7,a7 the access of the detainee to legal representation2 7,b7 the residence of the detainee prior to apprehension2 7,c7 the location of family members of the detainee2 7,d7 the stage of any legal proceeding involving the detainee1 including ,federal1 ,state1 or administrative proceedings2 7,e7 the proximity of the transferee facility to the venue of any legal proceeding described in subparagraph 7,d72 7,f7 the health and medical fitness of the detainee2 and 7,g7 whether the detainee has a pending application for relief with ,u4,s4 ,citizenship and ,immigration ,services or the ,executive ,office for ,immigration ,review4 7#b7 ,notice ,unless emergency circumstances1 such as a natural disaster or comparable exigency1 dictate an immediate transfer1 the ,secretary-- 7,a7 shall provide at least #gb-;hour notice to the detainee in the language requested by the detainee and to the representative of record before transferring a detainee to another facility2 and 7,b7 may not transfer the detainee until the detainee has received any custody hearing for which the detainee is eligible4 7#c7 ,additional requirements 7,a7 ,in general ,absent emergency circumstances1 such as a natural disaster or comparable exigency1 the ,secretary or law enforcement agent may not transfer a detainee who has an existing attorney-client relationship to another facility if the transfer of the detainee would-- 7i7 impair the existing attorney-client relationship2 7ii7 prejudice the rights of the detainee in any legal proceeding2 or 7iii7 affect the ability of the detainee to present evidence or witnesses4 7,b7 ,legal rights of detainees ,in any custody1 bond1 or removal decision involving a detainee detained under section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7-- 7i7 legal precedent in the location of apprehension shall control any custody1 bond1 or removal decision2 and 7ii7 in cases of ambiguity1 an immigration judge shall use the rule of lenity in choosing from among the laws of the relevant circuits4 7,c7 ,record ,if a detainee is transferred1 the ,secretary or law enforcement agent shall prepare a record of-- 7i7 the reasons necessitating the transfer2 and 7ii7 actions taken to ameliorate any adverse effect on the legal rights of the detainee4 7,d7 ,investigation ,if a detainee makes an allegation of retaliation1 such allegation shall be investigated by an independent entity4 7g7 ,training 7#a7 ,in general ,the ,secretary1 in consultation with the ,civil ,rights and ,civil ,liberties ,officer1 shall provide all officers of the ,department1 other ,federal agencies1 and all ,state and local officers involved in immigration-related enforcement activities with periodic training regarding-- 7,a7 immigration law2 7,b7 civil rights law2 7,c7 medical and mental health needs and treatment2 7,d7 due process protections2 7,e7 humanitarian guidelines under current law1 including-- 7i7 the right of access to immigration legal counsel2 and 7ii7 the appropriate treatment of vulnerable populations during immigration-related enforcement activities2 and 7,f7 racial profiling and implicit bias4 7#b7 ,implicit bias defined ,in this subsection1 the term implicit bias means-- 7,a7 bias in judgment or behavior that results from subtle cognitive processes1 including implicit attitudes and implicit stereotypes1 that often operate at a level below conscious awareness and without intentional control2 and 7,b7 implicit attitudes and stereotypes that result in beliefs or simple associations that a person makes between an object and its evaluation that are automatically activated by the mere presence 7actual or symbolic7 of the attitude object4 #bjb4 ,protections for primary caregivers with children 7a7 ,apprehension procedures ,in any immigration-related enforcement activity1 the ,secretary and any entity cooperating with the ,secretary on such activity shall-- 7#a7 as soon as possible after an individual is subject to detention in an immigration-related enforcement activity1 but generally not later than #b hours after the commencement of such detention1 determine whether the individual is a parent or primary caregiver of a child in the ,united ,states and1 if the individual is a parent or primary caregiver1 provide the individual with-- 7,a7 the opportunity to make a minimum of #b telephone calls to arrange for the care of such child in the individual's absence2 and 7,b7 contact information for-- 7i7 child welfare agencies and family courts in the jurisdiction in which the child is located2 and 7ii7 consulates1 attorneys1 and legal service providers capable of providing free legal advice or representation regarding child welfare1 child custody determinations1 and immigration matters2 7#b7 notify the child welfare agency with jurisdiction over the child if the child's parent or primary caregiver is unable to make care arrangements for the child or if the child is in imminent risk of serious harm2 7#c7 ensure that personnel of the ,department and cooperating entities do not1 absent medical necessity or extraordinary circumstances1 compel or request children to interpret or translate for interviews of their parents or of other individuals who are encountered as part of an immigration enforcement action2 and 7#d7 ensure that any parent or primary caregiver of a child in the ,united ,states-- 7,a7 absent medical necessity or extraordinary circumstances1 is not transferred from his or her area of apprehension until the individual-- 7i7 has made arrangements for the care of such child2 or 7ii7 if such arrangements are unavailable or the individual is unable to make such arrangements1 is informed of the care arrangements made for the child and of a means to maintain communication with the child2 7,b7 absent medical necessity or extraordinary circumstances1 and to the extent practicable1 is placed in a detention facility either-- 7i7 proximate to the location of apprehension2 or 7ii7 proximate to the individual's habitual place of residence2 and 7,c7 receives due consideration of the best interests of such child in any decision or action relating to his or her detention1 release1 or transfer between detention facilities4 7b7 ,requests to local and ,state entities ,if the ,secretary requests a ,state or local entity to hold in custody an individual who the ,department has reason to believe is removable pending transfer of that individual to the custody of the ,secretary or to a detention facility1 the ,secretary shall also request that the ,state or local entity provide the individual the protections specified in paragraphs 7#a7 and 7#b7 of subsection 7a71 if that individual is found to be the parent or primary caregiver of a child in the ,united ,states4 7c7 ,access to children1 ,state and local courts1 child welfare agencies1 and consular officials ,at all detention facilities1 the ,secretary shall-- 7#a7 prominently post in a manner accessible to detainees and visitors and include in detainee handbooks information on the protections of this title as well as information on potential eligibility for parole or release2 7#b7 absent extraordinary circumstances1 ensure that individuals who are detained by the ,department and are parents of children in the ,united ,states are-- 7,a7 permitted regular phone calls and contact visits with their children2 7,b7 provided with contact information for child welfare agencies and family courts in the relevant jurisdictions2 7,c7 able to participate fully1 and to the extent possible in-person1 in all family court proceedings and any other proceedings that may impact their right to custody of their children2 7,d7 granted free and confidential telephone calls to relevant child welfare agencies and family courts as often as is necessary to ensure that the best interest of their children1 including a preference for family unity whenever appropriate1 can be considered in child welfare agency or family court proceedings2 7,e7 able to fully comply with all family court or child welfare agency orders impacting custody of their children2 7,f7 provided access to ,united ,states passport applications or other relevant travel document applications for the purpose of obtaining travel documents for their children2 7,g7 afforded timely access to a notary public for the purpose of applying for a passport for their children or executing guardianship or other agreements to ensure the safety of their children2 and 7,h7 granted adequate time before removal to obtain passports1 apostilled birth certificates1 travel documents1 and other necessary records on behalf of their children if such children will accompany them on their return to their country of origin or join them in their country of origin2 and 7#c7 if doing so would not impact public safety or national security1 facilitate the ability of a detained individual who is a parent or primary caregiver to share information regarding travel arrangements with their consulate1 children1 child welfare agencies1 or other caregivers in advance of the detained individual's departure from the ,united ,states4 #bjc4 ,basic protections for vulnerable populations 7a7 ,vulnerable populations ,not later than #gb hours after the commencement of an immigration-related enforcement activity1 the ,department shall screen each detainee to determine whether the detainee is a member of a vulnerable population4 7b7 ,options regarding detention decisions for vulnerable populations ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf71 as amended by this ,act1 is further amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking 7c7 and inserting 7g72 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking or at the end2 7ii7 in subparagraph 7,b71 by striking but and inserting or2 and 7iii7 by adding at the end the following3 7,c7 the individual's own recognizance2 2 7,c7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7,d7 by inserting after paragraph 7#b7 the following3 7#c7 may enroll the alien in an alternatives program2 but 2 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,detention decisions 7#a7 ,criteria to be considered ,if an alien is not subject to mandatory detention under subsection 7g7 or section #bcf;,a1 the criteria that the ,secretary or the ,attorney ,general shall use to demonstrate that detention of the alien is necessary are the following3 7,a7 ,whether the alien poses a risk to public safety1 including a risk to national security4 7,b7 ,whether-- 7i7 the alien poses a risk of flight2 and 7ii7 there are no conditions of release that will reasonably ensure that the alien will appear for immigration proceedings1 including bond or other conditions of release that reduce the risk of flight4 7#b7 ,exception for mandatory detainees ,the requirements described in paragraph 7#a7 shall not apply if the ,secretary of ,homeland ,security demonstrates by substantial evidence that the alien is subject to detention under subsection 7g74 7c7 ,custody decisions for vulnerable populations 7#a7 ,in general ,not later than #gb hours after an individual is detained under this section 7unless the #gb-;hour requirement is waived in writing by the individual71 an individual who is a member of a vulnerable population 7as defined in section #c of the ,protecting the ,rights of ,families and ,immigrants ,who ,legally ,entered ,from ,detention ,act7 shall be released from the custody of the ,department of ,homeland ,security and shall not be subject to electronic monitoring unless the ,department demonstrates by a preponderance of the evidence that the individual-- 7,a7 is subject to mandatory custody or mandatory detention under subsection 7g7 or section #bcf;,a2 7,b7 poses a risk to the national security of the ,united ,states2 or 7,c7 is a flight risk and the risk cannot be mitigated through supervision or placement in an alternative program4 7#b7 ,release ,an individual shall be released from custody under this subsection-- 7,a7 on the individual's own recognizance2 7,b7 by posting a minimum bond under subsection 7a77#b77;a72 or 7,c7 on parole in accordance with section #bab7;d77#e77;,a74 7d7 ,decisions ,to detain aliens 7#a7 ,in general ,all detention decisions under this section shall-- 7,a7 be made in writing by an official of the ,department of ,homeland ,security2 7,b7 specify the reasons for the decision1 if the decision is made to continue the detention without bond or parole2 and 7,c7 be served upon the detainee1 in the language spoken by the alien1 not later than #gb hours after-- 7i7 the commencement of the detention2 or 7ii7 a positive determination of credible fear of persecution or reasonable fear of persecution or torture1 if the detainee is subject to section #bce or #bda7;a77#e74 7#b7 ,redetermination 7,a7 ,request ,any alien detained by the ,department of ,homeland ,security1 at any time after being served with the decision described in paragraph 7#a77;,a71 may request a redetermination of such decision by an immigration judge4 7,b7 ,other decisions ,all custody decisions by the ,secretary of ,homeland ,security shall be subject to redetermination by an immigration judge4 7,c7 ,savings provision ,nothing in this paragraph may be construed to prevent a detainee from requesting a bond redetermination4 7e7 ,alternatives programs 7#a7 ,in general ,the ,secretary of ,homeland ,security shall establish secure alternatives programs to ensure public safety and appearances at immigration proceedings4 7#b7 ,contract authority ,the ,secretary shall contract with nongovernmental organizations to conduct screening of detainees1 provide appearance assistance services1 and operate community-based supervision programs4 7#c7 ,individualized determinations ,when deciding whether to use secure alternatives1 the ,secretary shall make an individualized determination and review each case on a monthly basis4 7#d7 ,custody ,if an individual is not eligible for release from custody1 the ,secretary shall consider the alien for placement in secure alternatives that maintain custody over the alien1 including the use of electronic ankle devices4 ,the ,secretary may use secure alternatives programs to maintain custody over any alien detained under this ,act except for aliens detained under section #bcf;,a4 7#e7 ,secure alternatives program defined ,in this section1 the term secure alternatives program means any custodial or noncustodial program under which an individual is screened and provided with appearance assistance services or placed in supervision programs1 as needed1 to ensure that the individual appears at all immigration interviews1 appointments1 and removal or deportation hearings4 4 #bjd4 ,reports on protections from unlawful detention 7a7 ,report requirement ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report that describes the impact of worksite and fugitive operations on citizens of the ,united ,states1 lawful permanent residents1 and individuals otherwise lawfully present in the ,united ,states4 7b7 ,content ,each report submitted under subsection 7a7 shall include an assessment of-- 7#a7 the number of individuals detained during worksite or nonworksite operations who are children1 ,united ,states citizens1 or adult lawful permanent residents2 7#b7 immigration-related enforcement activity at homes1 schools1 places of worship1 medical care facilities1 victim services agencies1 social services agencies1 and community centers2 7#c7 arrests1 detentions1 and removals of individuals who are-- 7,a7 sole caregivers2 7,b7 primary earners of income in a family2 7,c7 pregnant or nursing mothers2 or 7,d7 members of other vulnerable groups subject to immigration-related enforcement activity2 7#d7 transfers of immigrants during the course of a raid or immigration-enforcement activity1 including-- 7,a7 whether the immigrants had access to legal counsel before being transferred2 7,b7 whether the immigrants received notice of an impending transfer2 and 7,c7 whether the immigrants1 if primary or sole caregivers1 were given an opportunity to make care arrangements for their children2 7#e7 7,a7 ,u4,s4 ,immigration and ,customs ,enforcement protocol for humanitarian screening during a worksite enforcement action2 7,b7 the compliance with such protocol2 and 7,c7 the nature of any related protocol in smaller worksite or nonworksite actions2 7#f7 collateral arrests under the ,national ,fugitive ,operations ,program and worksite enforcement initiatives2 7#g7 whether individuals detained in an immigration-related enforcement activity are notified of their right to counsel2 7#h7 whether ,u4,s4 ,immigration and ,customs ,enforcement agents or any law enforcement agents-- 7,a7 use excessive force in executing warrants1 arrests1 detentions1 or other immigration-related enforcement activities2 7,b7 enter private homes or residences without a search warrant or consent2 7,c7 use ruses to conceal their identity during enforcement activities2 or 7,d7 display and use weapons during immigration-related enforcement activity or interrogations2 7#i7 the extent to which ,u4,s4 ,immigration and ,customs ,enforcement cooperates and coordinates with ,state and local law enforcement during immigration-related enforcement activity2 7#aj7 whether ,u4,s4 ,immigration and ,customs ,enforcement agents or other law enforcement agents identify themselves when entering a location for enforcement purposes2 7#aa7 the conditions under which individuals are confined and whether detainees are provided access to a telephone2 7#ab7 the number of children left behind when a parent or parents are detained2 7#ac7 whether detainees are notified of their rights in a language they can understand2 7#ad7 whether individuals detained during an immigration-related enforcement activity are forced or coerced to sign any documents or waive any rights without consulting with an attorney2 7#ae7 the procedures used by the ,department or law enforcement agency-- 7,a7 to notify agents about humanitarian standards regarding enforcement actions2 and 7,b7 hold agents accountable when they violate such standards2 7#af7 the per detainee cost of each raid involving more than #ej detainees2 7#ag7 the number of ,u4,s4 ,immigration and ,customs ,enforcement agents disciplined for violations in detention proceedings2 and 7#ah7 recommendations for improving worksite operations and fugitive operations4 7c7 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary to carry out this section4 #bje4 ,immigration and ,customs ,enforcement ,ombudsman 7a7 ,establishment ,subtitle ,d of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bea et seq47 is amended by adding at the end the following3 #ddg4 ,immigration and ,customs ,enforcement ,ombudsman 7a7 ,in general ,there established in the ,department a position of ,immigration and ,customs ,enforcement ,ombudsman 7referred to in this section as the ,ombudsman74 7b7 ,requirements ,the ,ombudsman shall-- 7#a7 report directly to the ,director for ,u4,s4 ,immigration and ,customs ,enforcement 7referred to in this section as the ,director72 and 7#b7 have a background in immigration law4 7c7 ,functions ,the ,ombudsman shall-- 7#a7 undertake regular and unannounced inspections of detention facilities and local offices of ,u4,s4 ,immigration and ,customs ,enforcement to determine whether the facilities and offices comply with relevant policies1 procedures1 standards1 laws1 and regulations2 7#b7 report all findings of compliance or noncompliance of the facilities and local offices described in paragraph 7#a7 to the ,secretary and the ,director2 7#c7 develop procedures for detainees or their representatives to submit confidential written complaints directly to the ,ombudsman2 7#d7 investigate and resolve all complaints1 including confidential and anonymous complaints1 related to decisions1 recommendations1 acts1 or omissions made by the ,director or the ,commissioner of ,u4,s4 ,customs and ,border ,protection in the course of custody and detention operations2 7#e7 initiate investigations into allegations of systemic problems at detention facilities2 7#f7 conduct any review or audit relating to detention1 as directed by the ,secretary or ,director2 7#g7 refer matters1 as appropriate1 to the ,office of ,inspector ,general of the ,department of ,justice1 the ,office of ,civil ,rights and ,civil ,liberties of the ,department1 or any other relevant office or agency2 7#h7 propose changes in the policies or practices of ,u4,s4 ,immigration and ,customs ,enforcement to improve the treatment of ,united ,states citizens and residents1 immigrants1 detainees1 and others subject to immigration-related enforcement operations2 7#i7 establish a public advisory group consisting of nongovernmental organization representatives and ,federal1 ,state1 and local government officials with expertise in detention and vulnerable populations to provide the ,ombudsman with input on-- 7,a7 the priorities of the ,ombudsman2 and 7,b7 current practices of ,u4,s4 ,immigration and ,customs ,enforcement2 and 7#aj7 recommend to the ,director personnel action based on any finding of noncompliance4 7d7 ,annual report 7#a7 ,objectives ,not later than ,june #cj of each year1 the ,ombudsman shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report on the objectives of the ,office of the ,ombudsman for the next fiscal year4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include-- 7,a7 full and substantive analysis of the objectives of the ,office of the ,ombudsman2 7,b7 statistical information regarding such objectives2 7,c7 a description of each detention facility found to be in noncompliance with the detention standards of the ,department or other applicable regulations2 7,d7 a description of the actions taken by the ,department to remedy any findings of noncompliance or other identified problems2 7,e7 information regarding whether the actions described in subparagraph 7,d7 resulted in compliance with detention standards2 7,f7 a summary of the most pervasive and serious problems encountered by individuals subject to the enforcement operations of the ,department1 including a description of the nature of such problems2 and 7,g7 such other information as the ,ombudsman may consider advisable4 7#c7 ,definitions ,in this section3 7,a7 ,detainee ,the term detainee has the meaning given that term in section #c of the ,protecting the ,rights of ,families and ,immigrants ,who ,legally ,entered ,from ,detention ,act4 7,b7 ,detention facility ,the term detention facility means any ,federal1 ,state1 or local government facility1 or any facility providing services under government contract1 which is used to hold detainees for more than #gb hours4 4 7b7 ,amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif2 #aaf ,stat4 #bace7 is amended by inserting after the item relating to section #ddf the following3 ,sec4 #ddg4 ,immigration and ,customs ,enforcement ,ombudsman4 4 #bjf4 ,rulemaking ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall promulgate regulations to implement this ,act and the amendments made by this ,act4 #bjg4 ,rescission ,the provisions of ,executive ,order #acgfh of ,january #be1 #bjag 7#hb ,fed4 ,reg4 #hgii71 titled ,enhancing ,public ,safety in the ,interior of the ,united ,states and of ,executive ,order #acgfg of ,january #be1 #bjag 7#hb ,fed4 ,reg4 #hgic7 titled ,border ,security and ,immigration ,enforcement ,improvements are rescinded and shall not have any legal effect4