,,ii #aaith ,,congress #ast ,session ,s4 #cadf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #f1 #bjbe,mr4 ,murphy 7for himself1 ,mr4 ,durbin1 ,mrs4 ,murray1 ,ms4 ,alsobrooks1 ,mr4 ,bennet1 ,mr4 ,blumenthal1 ,mr4 ,booker1 ,ms4 ,cortez ,masto1 ,ms4 ,duckworth1 ,mrs4 ,gillibrand1 ,ms4 ,hirono1 ,mr4 ,kim1 ,mr4 ,lujn1 ,mr4 ,markey1 ,mr4 ,merkley1 ,mr4 ,padilla1 ,ms4 ,rosen1 ,mr4 ,sanders1 ,mr4 ,schiff1 ,mr4 ,van ,hollen1 ,ms4 ,warren1 ,mr4 ,welch1 and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to restore limited1 free telephone service for detainees to facilitate consultations with legal counsel and to maintain ties with their families1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,restoring ,access for ,detainees ,act4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 individuals in civil immigration detention require access to counsel to address their legal needs and their ability to maintain ties with family and loved ones2 7#b7 while existing communication options in detention are helpful1 they do not adequately address the needs of detainees1 including detainees who are indigent or seeking legal representation2 7#c7 in ,april #bjbj1 the ,trump administration instituted a program in which detained individuals were provided up to #ebj free minutes of telephone service per month to maintain contact with families and legal representatives during the ,,covid-#ai public health emergency1 but that program was halted during #bjbd due to a lack of funding2 7#d7 since ,u4,s4 ,immigration and ,customs ,enforcement received additional funding under section #ajjjeb of ,public ,law #aai-ba 7commonly referred to as the ,one ,big ,beautiful ,bill ,act71 a portion of such funding should be reserved for restoring the free telephone service program for detainees to more conveniently maintain contact with families and legal representatives4 #c4 ,definitions ,in this ,act3 7#a7 ,communication ,the term communication means the exchange of information through a phone call1 email1 video1 or any other form of electronic communication4 7#b7 ,custody ,the term custody means1 with respect to an alien1 that the alien is not free to leave1 regardless of whether the detaining agency is a ,federal1 ,state1 or local official or any contractors or subcontractors of any ,federal agency1 including the ,united ,states military1 and includes legal or physical custody4 #d4 ,restoration of free telephone service program for detainees and other communication requirements 7a7 ,in general ,subject to the protocols established pursuant to subsection 7b7 and the restrictions established pursuant to subsection 7c71 any alien who is in the custody of the ,department of ,homeland ,security shall be provided1 at the expense of the ,federal ,government-- 7#a7 during the first #e hours of such custody and during the #e-;hour period beginning at the time such alien arrives at a new location1 at least #a communication of not less than #aj minutes with an immediate family member to notify such family member where the alien is being detained2 7#b7 if the alien is unable to initiate a communication with any immediate family during any #e-;hour period referred to in paragraph 7#a71 continued attempts to establish communication with such family member until the alien is successful2 7#c7 at least #bjj free minutes each month for outgoing communication to any person referred to in paragraphs 7#a7 and 7#b72 7#d7 during the first #e hours of such custody and during the #e-;hour period beginning at the time such alien arrives at a new location1 an opportunity to establish private communication with the alien's legal counsel or potential legal counsel or an official at the appropriate consulate2 7#e7 an opportunity to establish private communication with any official investigating detention conditions1 including an official from the ,office of the ,immigration ,detention ,ombudsman1 the ,office of the ,inspector ,general of the ,department of ,homeland ,security1 or the ,office for ,civil ,rights and ,civil ,liberties2 and 7#f7 unlimited free minutes for communication with-- 7,a7 any person referred to in paragraphs 7#d7 and 7#e72 7,b7 the ,executive ,office for ,immigration ,review2 7,c7 the ,board of ,immigration ,appeals2 7,d7 the local immigration court2 7,e7 any ,federal or ,state court where the detained individual is or may become involved in a legal proceeding2 7,f7 the ,united ,nations ,high ,commissioner for ,refugees2 7,g7 any ,federal1 ,state1 or local government office for the purpose of obtaining documents relevant to the alien's immigration case2 and 7,h7 the ,u4,s4 ,immigration and ,customs ,enforcement ,office of ,professional ,responsibility ,joint ,intake ,center4 7b7 ,protocols ,the ,secretary of ,homeland ,security shall establish protocols to ensure detained individuals are not prevented 7either through dissuasion or retaliation7 from-- 7#a7 accessing the means of communication described in subsection 7a72 or 7#b7 making additional calls to other individuals at their own expense4 7c7 ,time1 place1 and manner restrictions 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 each detention facility is authorized to establish consistent policies regulating the time1 place1 and manner of outgoing communication authorized under subsection 7a74 7#b7 ,limitations ,detention facilities may not-- 7,a7 restrict the number of minutes detainees communicate with their legal representatives2 7,b7 limit the duration of such communications by rule or automatic cut-off2 or 7,c7 include incoming calls towards the total free minutes of communication required under subsection 7a77#c74 7#c7 ,application ,the policies established pursuant to paragraph 7#a7 shall be-- 7,a7 consistently applied2 7,b7 given to each alien at the time of his or her arrival at a detention facility2 and 7,c7 available at each detention facility for examination by the public4 7d7 ,confidentiality 7#a7 ,in general ,subject to paragraph 7#b71 any communication made pursuant to paragraph 7#d71 7#e71 or 7#f7 of subsection 7a7-- 7,a7 may not be monitored or recorded2 and 7,b7 shall take place in a space with auditory privacy4 7#b7 ,exception ,the limitation under paragraph 7#a7 shall not apply to a circumstance in which a government official has a lawful warrant issued by a court of competent jurisdiction to authorize the monitoring or recording of communication described in such paragraph4 #e4 ,savings provision ,nothing in this ,act may be construed to limit or interfere with any settlement agreement in effect on the date of the enactment of this ,act4