,,ii  #aagth ,,congress  #ast ,session  
,s4 #aahf  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #ae1    
#bjba,mr4 ,booker 7for himself1 ,mr4    
,leahy1 ,ms4 ,warren1 and ,mr4 ,sanders7
 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 #bjba4  #b4 ,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  #c4 
,definitions ,in this ,act3 7#a7        
,appropriate committees of congress ,the
 term appropriate committees of         
,congress means-- 7,a7 the ,committee on
 the ,judiciary of the ,senate2  7,b7   
the ,committee on ,homeland ,security   

and ,governmental ,affairs of the       
,senate2  7,c7 the ,committee on the    
,judiciary of the ,house of             
,representatives2 and  7,d7 the         
,committee on ,homeland ,security of the
 ,house of ,representatives4  7#b7      
,department ,the term ,department means 
the ,department of ,homeland ,security4 
7#c7 ,secretary ,the term ,secretary    
means the ,secretary of ,homeland       
,security4  #d4 ,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 shall1 by regulation1        
establish detention standards for each  
facility at which aliens in the custody 
of the ,department are detained4  7b7   
,minimum protection ,the standards      
established under subsection 7a7 shall  
provide1 at a minimum1 the level of     
protection for detainees described in   
the ,american ,bar ,association's ,civil
 ,immigration ,detention ,standards     

7adopted in ,august #bjab1 and as       
modified in ,august #bjad74  7c7        
,biennial updates ,not less frequently  
than biennially1 the ,secretary shall   
review and update such standards1 as    
appropriate4  #e4 ,oversight and        
transparency  7a7 ,periodic inspections 
7#a7 ,in general ,on a periodic basis1  
not less frequently than annually1 the  
,inspector ,general of the ,department  
7referred to in this section as the     
,inspector ,general7 shall conduct an   
unannounced1 in-person inspection of    
each facility at which aliens in the    
custody of the ,department are detained 
to ensure that each such facility is in 
compliance with the standards           
established under section #d4  7#b7     
,report ,not later than #fj days after  
conducting an inspection under paragraph
 7#a71 the ,inspector ,general shall--  
7,a7 submit a report to the ,secretary  
containing the results of such          
inspection2 and  7,b7 make the report   
available to the public on the internet 

website of the ,department4  7#c7       
,failure to comply with standards  7,a7 
,initial failure  7i7 ,in general ,if   
the ,inspector ,general determines that 
a facility has failed to comply with the
 standards established under section #d 
for the first time during any #b-year   
period1 and such noncompliance          
constitutes a deficiency that threatens 
the health1 safety1 or rights of        
detainees-- 7,i7 the ,inspector ,general
 shall notify the ,secretary of such    
determination2 and  7,,ii7 the          
,secretary shall-- 7aa7 in the case of a
 facility not owned by the ,department1 
impose a meaningful fine of not less    
than #aj percent of the value of the    
contract with the facility2 and  7bb7 in
 the case of a facility owned by the    
,department-- 7,,aa7 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,,bb7 not later than #fj  
days after the issuance of a warning    
under subitem 7,,aa71 certify to the    
,inspector ,general that the remedial   
measures have been carried out4  7ii7   
,follow-up inspection ,not later than   
#ahj days after the date on which the   
,inspector ,general makes a notification
 under clause 7i77,i71 the ,inspector   
,general shall conduct an in-person     
inspection of the facility to determine 
whether the facility has achieved       
compliance with the standards           
established under section #d4  7,b7     
,subsequent failures ,if the ,inspector 
,general determines that a facility has 
failed to comply with the standards     
established under section #d in #b or   
more inspections under paragraph 7#a7   
during any #b-year period1 and such     
noncompliance constitutes a deficiency  
that threatens the health1 safety1 or   
rights of detainees-- 7i7 the ,inspector
 ,general shall notify the ,secretary of

 such determination2 and  7ii7 the      
,secretary shall-- 7,i7 in the case of a
 facility not owned by the ,department--
 7aa7 not later than #cj days after     
receiving such notification1 transfer   
each detainee to a facility that does so
 comply2 and  7bb7 terminate the        
contract with the owner or operator of  
the facility2 and  7,,ii7 in the case of
 a facility owned by the ,department--  
7aa7 not later than #fj days after      
receiving such notification1 transfer   
each detainee to a facility that does so
 comply2 and  7bb7 suspend the use of   
such facility until such time as the    
,inspector ,general-- 7,,aa7 certifies  
to the ,secretary that the facility is  
in compliance with such standards2 and  
7,,bb7 makes available to the public on 
the internet website of the ,department 
information relating to the remedial    
measures taken4  7b7 ,deaths in custody 
7#a7 ,notification ,not later than #bd  
hours after the death of an alien in the
 custody of the ,department1 the        

,secretary shall notify the appropriate 
committees of ,congress of such death4  
7#b7 ,investigations  7,a7 ,in general  
,not later than #cj days after the death
 of an alien in the custody of the      
,department1 the ,secretary shall       
conduct an investigation into such      
death1 which shall include a root cause 
analysis that identifies any changes to 
policies1 practices1 training curricula1
 staffing1 or potential systemwide      
errors that may reduce the probability  
of such an event in the future4  7,b7   
,root cause analysis ,each root cause   
analysis required by subparagraph 7,a7  
shall be carried out-- 7i7 by           
appropriately qualified personnel1      
including #a or more medical            
professionals qualified in a field      
relevant to the cause of death2 and     
7ii7 in accordance with professional    
medical standards for investigating     
sentinel events in medical care         
facilities1 including the ,sentinel     
,event ,policy promulgated by ,the      

,joint ,commission4  7,c7 ,public report
 ,not later than #fj days after such a  
death1 the ,secretary shall-- 7i7 issue 
a full report describing the results of 
the investigation required by           
subparagraph 7,a72 and  7ii7 make the   
report available to the public on the   
internet website of the ,department4    
7,d7 ,review by ,inspector ,general ,not
 later than #ij days after the death of 
an alien in the custody of the          
,department1 the ,inspector ,general    
shall conduct a review of the report    
issued under subparagraph 7,c7 with     
respect to such death4  7#c7 ,definition
 of death of an alien in the custody of 
the ,department ,the term death of an   
alien in the custody of the ,department 
means the death of an alien occurring   
while the alien is under the supervision
 of the ,department1 regardless of--    
7,a7 the location of the death2 or  7,b7
 whether the death may have resulted    
from a health problem that existed      
before or during1 or was exacerbated by1

 the detention of the alien4  7c7       
,report to ,congress  7#a7 ,in general  
,not less frequently than annually1 the 
,secretary shall submit to the          
appropriate committees of ,congress a   
report on the inspections and oversight 
of facilities at which aliens in the    
custody of the ,department are detained4
  7#b7 ,elements ,each report required  
by paragraph 7#a7 shall include1 for the
 preceding year-- 7,a7 a list of        
detention facilities found by the       
,inspector ,general to be in            
noncompliance with the standards        
established under section #d2  7,b7 for 
each such facility1 a description of the
 remedial actions taken1 or planned to  
be taken1 by the ,secretary so as to    
achieve compliance with such standards2 
and  7,c7 a determination as to whether 
such remedial actions have succeeded in 
bringing the facility into compliance   
with such standards4  7d7               
,classification of documents for        
purposes of ,,foia ,the reports required

 by subsections 7a77#b7 and             
7b77#b77;,c71 and any contract between  
the ,department and a private or public 
entity that provides for the use of a   
facility not owned by the ,department to
 detain aliens in the custody of the    
,department1 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  7#a7 ,in general   
,on the first day of each month1 the    
,secretary shall ensure that a publicly 
accessible internet website of the      
,department contains the information    
described in paragraph 7#b7 for each    
facility at which aliens in the custody 
of the ,department are detained4  7#b7  
,elements ,the information referred to  
in paragraph 7#a7 is1 for each such     
facility1 the following3 7,a7 ,the name 
and location of the facility4  7,b7     
,whether the facility houses adults1    
children1 or both4  7,c7 ,the number of 

beds available in the facility on the   
last day of the preceding month1        
disaggregated by gender4  7,d7 ,the     
total number of aliens detained in the  
facility on the last day of the         
preceding month1 disaggregated by gender
 and classification as a child or as an 
adult4  7,e7 ,whether the facility is   
used to detain aliens for longer than   
#gb hours4  7,f7 ,whether the facility  
is used to detain aliens for longer than
 #g days4  7,g7 ,the average number of  
aliens detained in the facility during  
the current year and during the         
preceding month1 disaggregated by gender
 and classification as a child or as an 
adult4  7,h7 ,whether the facility is in
 compliance with the standards          
established under section #d4  7,i7 ,in 
the case of a facility not owned by the 
,department1 a description of the nature
 of the contract providing for the      
detention of aliens at the facility4    
7,j7 ,the average1 median1 #beth        
quartile1 and #ejth quartile number of  

days that an alien has been detained at 
the facility during the preceding month4
  7f7 ,online detainee locator system   
,the ,secretary shall ensure that the   
online detainee locator system          
maintained by the ,department1 or any   
successor system1 is updated not later  
than #ab hours after an alien is-- 7#a7 
taken into1 or released from1 custody by
 the ,department2  7#b7 transferred to1 
or detained in1 a detention facility2 or
  7#c7 removed from the ,united ,states4
  7g7 ,information collected and        
maintained regarding aliens in ,,dhs    
custody ,the ,secretary shall collect   
and maintain1 for each alien in the     
custody of the ,department1 the         
following information3 7#a7 ,the gender 
and age of the alien4  7#b7 ,the date on
 which the alien was taken into such    
custody4  7#c7 ,the country of          
nationality of the alien4  7#d7 ,whether
 the alien is considered a vulnerable   
person 7as such term is defined in      
section #bcf7;c77#e7 of the ,immigration

 and ,nationality ,act1 as amended by   
section #i7 or a primary caregiver4     
7#e7 ,the provision of law pursuant to  
which the ,secretary is authorized to   
detain the alien4  7#f7 ,the name of the
 facility in which the alien is         
detained4  7#g7 ,with respect to any    
transfer of the alien to another        
detention facility-- 7,a7 a description 
of the transfer of the alien to the     
other detention facility2  7,b7 the     
reason for the transfer2 and  7,c7 in   
the case of a transfer effectuated      
despite presence of the alien's legal   
counsel or immediate relative in the    
jurisdiction of the original detention  
facility1 a justification for such      
transfer4  7#h7 ,the status and basis of
 any removal proceedings of which the   
alien is the subject4  7#i7 ,the initial
 custody determination made by ,u4,s4   
,immigration and ,customs ,enforcement1 
including any review of such            
determination4  7#aj7 ,the date of the  
alien's release or removal1 and the     

reason for such release or removal1 as  
applicable4  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 unit at the border or in the     
interior of the ,united ,states4  #f4   
,civil actions  7a7 ,in general ,an     
individual detained in a facility       
required to comply with the standards   
established under section #d who is     
injured as a result of a violation of   
such standards may file a claim in the  
appropriate district court of the       
,united ,states4  7b7 ,recovery ,in a   
civil action under this subsection1 the 
court may order injunctive relief and   
compensatory damages1 and may award the 
prevailing party reasonable attorney    
fees1 and costs4  #g4 ,detention        
facility construction and maintenance   
7a7 ,restriction on construction  7#a7  
,in general ,not later than #ahj days   
before initiating1 or entering into a   

contract for1 the construction of a new 
facility or the expansion of an existing
 facility for the detention of aliens in
 the custody of the ,department1 the    
,secretary shall submit to the          
appropriate committees of ,congress a   
notification of the plan to construct or
 expand 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 
age category of such population4  7#b7  
,public availability ,the ,secretary    
shall make the information described in 
paragraph 7#a7 available to the public  
on the internet website of the          
,department4  7b7 ,phase-,out of private
 detention facilities and use of jails  
7#a7 ,secure detention facilities  7,a7 
,in general ,the ,secretary-- 7i7 may   
not enter into or extend any contract or
 agreement with any public or private   

for-profit entity that owns or operates 
a detention facility for use of such    
facility to detain aliens in the custody
 of the ,department2 and  7ii7 shall    
terminate any contract or agreement     
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 are detained shall be
 owned and operated by the ,department4 
7#b7 ,alternatives to ,detention        
programs  7,a7 ,in general ,the         
,secretary-- 7i7 may not enter into or  
extend any contract or agreement with   
any public or private for-profit entity 
for the operation of a program or the   
use of a facility for nonresidential    
detention-related activities for aliens 
who are subject to monitoring by the    
,department2 and  7ii7 shall terminate  
any contract or agreement 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 the          
,department4  7#c7 ,implementation 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  #h4 ,appearance of detained
 aliens for other legal matters ,the    
,secretary shall establish rules to     
ensure that any alien detained in the   
custody of the ,department who is       
required to appear in ,federal or ,state
 court 7including family court7 for     
another matter is transported by an     
officer or employee of the ,department  

to such court proceeding4  #i4          
,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 to read 
as follows3  #bcf4 ,apprehension and    
detention of aliens  7a7 ,arrest1       
detention1 and release  7#a7 ,in general
 ,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 conditions or         
recognizance1 pending a decision on     
whether the alien is to be removed from 
the ,united ,states4  7#b7 ,exemption   
for unaccompanied alien children  7,a7  
,in general ,this section shall not     
apply to unaccompanied alien children   
7as defined in section #dfb7;g77#b7 of  
the ,homeland ,security ,act of #bjjb   
7#f ,u4,s4,c4 #bgi7;g77#b774  7,b7      

,transfer of custody ,any unaccompanied 
alien child in the custody of the       
,secretary of ,homeland ,security shall 
be transferred to the custody of the    
,secretary of ,health and ,human        
,services pursuant to section           
#bce7;b77#c7 of the ,william            
,wilberforce ,trafficking ,victims      
,protection ,reauthorization ,act of    
#bjjh 7#h ,u4,s4,c4 #abcb7;b77#c774  7b7
 ,bond determination  7#a7 ,in general  
,an immigration judge who releases an   
alien on bond under this section shall--
 7,a7 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 alien2 and  7,b7 set    
bond at an amount no greater than       
necessary to ensure the alien's         
appearance for removal proceedings4     
7#b7 ,inability to pay bond ,the        
,secretary of ,homeland ,security may   
not continue to detain an alien solely  
based on the alien's inability to pay   

bond4  7c7 ,custody determination  7#a7 
,initial determination  7,a7 ,in general
 ,not later than #dh hours after taking 
an alien into custody pursuant to 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 the alien1 
and provide such determination in       
writing to the alien4  7,b7 ,least      
restrictive conditions ,with respect to 
a custody determination under           
subparagraph 7,a71 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   
individual or the community1 the        
,secretary shall impose the least       
restrictive conditions1 as described in 
paragraph 7#d74  7#b7 ,timing  7,a7 ,in 

general ,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,b7 ,access 
to counsel ,on request by an alien1 or  
the legal counsel of an alien1 an       
immigration judge may grant a reasonable
 continuance of a hearing under         
subparagraph 7,a7 to provide the alien  
or such legal counsel additional time to
 prepare for the hearing4  7#c7         
,presumption of release  7,a7 ,in       
general ,in a hearing under this        
subsection1 there shall be a presumption
 that the alien should be released4     
7,b7 ,rebuttal  7i7 ,in general ,the    
,secretary of ,homeland ,security has   
the duty of rebutting this presumption1 
which may only be established based on  
clear and convincing evidence1 including
 credible and individualized            

information1 that-- 7,i7 the use of     
alternatives to detention will not      
reasonably ensure the appearance of the 
alien at removal proceedings2 or  7,,ii7
 the alien is a threat to any other     
individual or the community4  7ii7      
,consideration ,the ,attorney ,general--
 7,i7 shall consider the totality of    
each case2 and  7,,ii7 may not rely on  
an alien's criminal conviction1 arrest1 
pending criminal charge1 or combination 
thereof as the sole factor to justify   
the continued detention of the alien4   
7#d7 ,least restrictive conditions      
required  7,a7 ,in general ,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 individual 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 individual  
and the community1 which may include--  
7i7 release on recognizance2  7ii7      
secured or unsecured release on bond2 or
  7iii7 participation in a program      
described in subsection 7f74  7,b7      
,monthly review ,not less frequently    
than monthly1 the immigration judge     
shall review any condition assigned to  
an alien pursuant to subparagraph 7,a74 
7,c7 ,modification of conditions of     
supervision ,an immigration judge may   
modify or rescind conditions of         
supervision imposed on an alien by the  
,secretary of ,homeland ,security4  7#e7
 ,special rule for vulnerable persons   
and primary caregivers  7,a7 ,in general
 ,in the case of an alien subject to a  
custody determination under this        
subsection who 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 alien in
 a community-based supervision program4 
7,b7 ,definitions ,in this paragraph3   
7i7 ,material witness ,the term material
 witness means an individual who        
presents a declaration to an attorney   
investigating1 prosecuting1 or defending
 a workplace claim or from the presiding
 officer overseeing a 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  7ii7 ,primary caregiver ,the   
term primary caregiver means an         
individual who is established to be a   
caregiver1 parent1 or close relative    
caring for or traveling with a child4   
7iii7 ,vulnerable person ,the term      
vulnerable person means an individual   
who-- 7,i7 is under #ba years of age or 
over #fj years of age2  7,,ii7 is       
pregnant2  7,,iii7 identifies as        

lesbian1 gay1 bisexual1 transgender1    
queer1 or intersex2  7,,iv7 is a victim 
or witness of a crime2  7,v7 has filed a
 nonfrivolous civil rights claim in     
,federal or ,state court2  7,,vi7 has   
filed1 or is a material witness to1 a   
bonafide workplace claim2  7,,vii7 has a
 serious mental or physical illness or  
disability2  7,,viii7 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  7,,ix7 
has limited ,english language           
proficiency and is not provided access  
to appropriate and meaningful language  
services in a timely fashion2 or  7,x7  
has been determined by an immigration   
judge or by the ,secretary of ,homeland 
,security to have experienced or 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  7iv7          
,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   
representative1 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#f7     
,subsequent determinations ,an alien    
detained under this section shall be    
provided with a de novo custody         
determination hearing under this        
subsection-- 7,a7 not later than #cj    
days after the date of the enactment of 
this ,act2  7,b7 every #fj days2 and    
7,c7 upon showing of a change in        
circumstances or good cause for such a  
hearing4  7d7 ,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 relief   
from removal 7including an order        
granting asylum or withholding1         
deferral1 or cancellation of removal7 or
 an order terminating removal           
proceedings1 which order is pending     
appeal1 upon entry of the order2 and    
7#b7 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 may not detain in
 a facility operated or contracted by   
,u4,s4 ,immigration and ,customs        
,enforcement any individual who is under
 the age of #ah years4  7f7             
,community-,based case management       
program  7#a7 ,in general ,the          
,secretary of ,homeland ,security shall 
establish1 outside of the purview of    
,u4,s4 ,immigration and ,customs        

,enforcement1 a community-based case    
management program that-- 7,a7 provides 
alternatives to detaining aliens2  7,b7 
offers a continuum of community-based   
support options and services1           
including-- 7i7 case management2 and    
7ii7 access to-- 7,i7 social services2  
7,,ii7 medical and mental health        
services2  7,,iii7 housing2  7,,iv7     
transportation2 and  7,v7 legal         
services2 and  7,c7 provides services in
 the appropriate language4  7#b7        
,prohibition on electronic surveillance 
,the program under paragraph 7#a7 may   
not include1 as an alternative to       
detention1 the provision of ankle       
monitors or other forms of electronic   
surveillance4  7#c7 ,contracts  7,a7 ,in
 general ,the ,secretary may enter into 
#a or more contracts to operate the case
 management program described in        
paragraph 7#a74  7,b7 ,prioritization   
,in entering into a contract under      
subparagraph 7,a71 the ,secretary shall 
give priority to direct contracts with  

qualified nongovernmental               
community-based organizations that have 
experience providing services to        
immigrant1 refugee1 and asylum-seeking  
populations4  7#d7 ,individualized      
determination required  7,a7 ,in general
 ,in determining whether to order an    
alien to participate in a program under 
this subsection1 the ,secretary or the  
immigration judge1 as appropriate1 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 individual and  
the community4  7#e7 ,prohibition on    
fees for alternatives to detention ,an  
alien who is required to participate in 
a specific alternatives to detention    
program or service may not be charged a 

fee for such participation4  7#f7 ,case 
management review and feasibility study 
,not later than #ahj days after the date
 of the enactment of the ,dignity for   
,detained ,immigrants ,act of #bjba1 the
 ,secretary shall conduct-- 7,a7 a      
review of best practices in federally   
funded case management programs and     
related services2 and  7,b7 a study of  
the feasibility of transferring         
alternatives to detention case          
management programs out of the purview  
of the ,department of ,homeland         
,security4  4  7b7 ,probable cause      
hearing ,section #bhg7;a7 of the        
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aceg7;a77#b77 is amended by  
striking the subsection designation and 
all that follows through ,united        
,states2 in paragraph 7#b7 and inserting
 the following3  7a7 ,in general ,any   
officer or employee of the ,department  
of ,homeland ,security authorized under 
regulations prescribed by the ,secretary
 of ,homeland ,security shall have power

 without warrant-- 7#a7 to interrogate  
any alien or person believed to be an   
alien as to the person's right to be or 
to remain in the ,united ,states1       
provided that such interrogation is not 
based on the person's race1 ethnicity1  
national origin1 religion1 sexual       
orientation1 color1 spoken language1 or 
,english language proficiency2 and  7#b7
 to arrest any alien who1 in the        
presence or view of the officer or      
employee1 is entering or attempting to  
enter the ,united ,states in violation  
of any law or regulation made pursuant  
to law regulating the admission1        
exclusion1 expulsion1 or removal of     
aliens1 or to arrest any alien in the   
,united ,states1 if-- 7,a7 the officer  
or employee has probable cause to       
believe that-- 7i7 the alien is in the  
,united ,states in violation of any such
 law or regulation2 and  7ii7 is likely 
to escape before a warrant can be       
obtained for the arrest of the alien2   
7,b7 the officer or employee has reason 

to believe that the alien would         
knowingly and willfully fail to appear  
in immigration court in response to a   
properly served notice to appear2 and   
7,c7 not later than #dh hours after     
being taken into custody1 the alien is  
provided with a hearing before an       
immigration judge to determine whether  
there was probable cause for such       
arrest1 including probable cause to     
believe that the alien would have       
knowingly and willfully failed to appear
 as required under subparagraph 7,b7 if 
the alien had not been arrested1 which  
burden to establish probable cause shall
 be on the ,department of ,homeland     
,security2  4  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 7#h ,u4,s4,c4  
#abbe7;b77-- 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;,a 7#h         
,u4,s4,c4 #abbf72  7,c7 in section      
#bch7;a77#b7 7#h ,u4,s4,c4              
#abbh7;a77#b771 by striking pursuant to 
section #bcf7;c712 and  7,d7 in section 
#ejf7;a77#b7 7#h ,u4,s4,c4              
#aecf7;a77#b7-- 7i7 by amending the     
heading to read as follows3 ,release    
hearing for aliens detained2 and  7ii7  
in subparagraph 7,a7-- 7,i7 by amending 
the heading to read as follows3 ,in     
general2  7,,ii7 in the matter preceding
 clause 7i71 by striking lawfully       
admitted for permanent residence2       
7,,iii7 by striking clause 7i72 and     
7,,iv7 by redesignating clauses 7ii7 and
 7iii7 as clauses 7i7 and 7ii71         
respectively4  7#b7 ,conforming         
amendments  7,a7 ,the table of sections 
for the ,immigration and ,nationality   
,act 7#h ,u4,s4,c4 #aaja et seq47 is    
amended by striking the item relating to

 section #bcf;,a4  7,b7 ,section        
#bda7;c77#c77;,a77ii7 of the            
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #abca7;c77#c77;,a77ii77 is    
amended--  7,c7 in subclause 7,i71 by   
striking the comma at the end and       
inserting 2 or2  7,d7 in subclause      
7,,ii71 by striking 1 or and inserting a
 period2 and  7,e7 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         
demonstrates by the preponderance of the
 evidence that-- 7i7 the alien's removal
 is not reasonably foreseeable2 or  7ii7
 the alien does not pose a risk to the  
safety of any other individual or the   
community4  2  7,c7 in paragraph 7#c7-- 
7i7 in the paragraph 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 any
 other individual or the community1     
which-- 7,i7 may only be established    
based on credible and individualized    
information2 and  7,,ii7 may not be     
established based solely on the fact    
that the alien has been charged with1 or
 is suspected of1 a crime4  7,c7 ,period
 of detention  7i7 ,in general ,an alien
 may not be detained pursuant to an     
order under this paragraph for longer   
than a #fj-;day period4  7ii7           
,subsequent redetermination hearing ,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#a7-- 7,i7 by moving the paragraph  
#b ems to the right2  7,,ii7 by amending
 the paragraph heading to read as       
follows3 ,in general2 and  7,,iii7 in   
the first sentence-- 7aa7 by striking   
section #bda7;a77#b77;,a77iii7 and      
inserting section                       
#bcg7;a77#b77;,a77iii72  7bb7 by        
striking section #bda7;a77#b77;,a77ii7  
and inserting section                   
#bcg7;a77#b77;,a77ii72 and  7cc7 by     
striking section #bda7;a77#b77;,a77i7   
and inserting #bcg7;a77#b77;,a77i72     
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
 and  7iii7 by redesignating the second 
subsection 7c7 as subsection 7d72  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    
#aj4 ,prohibition on solitary           
confinement  7a7 ,in general ,an        
individual in the custody of the        
,department may not be placed in        
solitary confinement4  7b7 ,definition  
of solitary confinement ,in this        
section1 the term solitary confinement  
means-- 7#a7 in the case of an          
individual who is older than #ba years  
of age1 the state of being confined to  
the individual's cell1 alone or with a  

cellmate1 for more than #bb hours during
 a #bd-;hour period1 with very limited  
out-of-cell time and severely restricted
 activity1 movement1 and social         
interaction whether pursuant to         
disciplinary1 administrative1 or        
classification action2 and  7#b7 in the 
case of an individual who is #ba years  
of age or younger1 involuntary          
confinement alone in a cell1 room1 or   
other area for a period greater than #c 
hours4