,,ii  #aaith ,,congress  #b;d ,session  
,s4 #cgjb  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,january #bg1  
#bjbf,mr4 ,booker 7for himself1 ,ms4    
,warren1 ,mr4 ,welch1 ,mr4 ,markey1 ,mr4
 ,sanders1 ,mrs4 ,murray1 ,mr4 ,padilla1
 ,mr4 ,kim1 ,mr4 ,wyden1 ,ms4           
,duckworth1 and ,mr4 ,schiff7 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 ,act4  #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 ,inspector general ,the term       
,inspector ,general means the ,inspector
 ,general of the ,department of         
,homeland ,security4  7#d7 ,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 ,secretary1 by regulation1    
shall establish detention standards for 
each facility at which aliens in the    
custody of the ,department are detained4
  7b7 ,minimum protection ,the standards

 established pursuant to 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 #bjab and
 modified in ,august #bjad74  7c7       
,biennial updates ,not less frequently  
than biennially1 the ,secretary shall   
review and update the standards         
established pursuant to subsection 7a71 
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 shall conduct an    
unannounced1 in-person inspection of    
each facility at which aliens in the    
custody of the ,department are being    
detained to ensure that each such       
facility is in compliance with the      
standards established pursuant to       
section #d4  7#b7 ,report ,not later    
than #fj days after conducting each     
inspection pursuant to paragraph 7#a71  

the ,inspector ,general shall-- 7,a7    
submit a report to the ,secretary       
containing the results of such          
inspection2 and  7,b7 post such report  
to the public on an 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 pursuant to       
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 any    
detainees housed at such facility-- 7,i7
 the ,inspector ,general shall notify   
the ,secretary of such determination2   
and  7,,ii7 the ,secretary-- 7aa7 in the
 case of a facility not owned by the    
,department1 shall 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 shall 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 such warning2 and 7,,bb7 not
 later than #fj days after the issuance 
of the warning described in subitem     
7,,aa71 shall 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 pursuant  
to 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 pursuant to section #d4     
7,b7 ,subsequent failures ,if the       
,inspector ,general determines that a   
facility has failed to comply with the  
standards established pursuant to       

section #d in #b or more inspections    
conducted pursuant to paragraph 7#a7    
during any #b-year period1 and such     
noncompliance constitutes a deficiency  
that threatens the health1 safety1 or   
rights of any detainees housed at such  
facility-- 7i7 the ,inspector ,general  
shall notify the ,secretary of such     
determination2 and  7ii7 the            
,secretary-- 7,i7 in the case of a      
facility not owned by the ,department-- 
7aa7 not later than #cj days after      
receiving such notification1 shall      
transfer each detainee housed at such   
facility to a facility that does comply 
with such standards2  7bb7 shall        
terminate the contract with the owner or
 operator of the facility2 and  7cc7    
shall ensure that no funds made         
available to the ,department are used to
 continue such contract2 and  7,,ii7 in 
the case of a facility owned by the     
,department-- 7aa7 not later than #fj   
days after receiving such notification1 
shall transfer each detainee housed at  

such facility to a facility that does   
comply with such standards2 and  7bb7   
shall suspend the use of such facility  
until after the ,inspector ,general--   
7,,aa7 has certified to the ,secretary  
that such facility is in compliance with
 such standards2 and 7,,bb7 makes       
available to the public on an internet  
website of the ,department information  
relating to the remedial measures that  
have been taken at such facility4  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 under 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 adopted by ,the
 ,joint ,commission in #aiif4  7,c7     
,public report ,not later than #fj days 
after a death described in paragraph    
7#a71 the ,secretary shall-- 7i7 issue a
 full report describing the results of  
the investigation required under        
subparagraph 7,a72 and  7ii7 make such  
report available to the public on an    
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 pursuant to subparagraph 7,c7    
with respect to such death4  7#c7       
,defined term ,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-- 7i7 may have       
resulted from a health problem that     
existed before or during the detention  
of the alien2 or  7ii7 was exacerbated  
by such detention4  7c7 ,report to      
,congress  7#a7 ,in general ,not less   
frequently than annually1 the ,secretary
 shall submit a report to the           
appropriate committees of ,congress     
regarding the inspections and oversight 
of facilities at which aliens in the    
custody of the ,department are being    
detained4  7#b7 ,elements ,each report  
required under paragraph 7#a7 shall     

include1 with respect to the preceding  
#ab-month period-- 7,a7 a list of the   
detention facilities found by the       
,inspector ,general to be noncompliant  
with the standards established pursuant 
to section #d2  7,b7 for each such      
facility1 a description of the remedial 
actions taken1 or planned to be taken1  
by the ,secretary to achieve compliance 
with such standards2 and  7,c7 a        
determination as to whether such        
remedial actions have brought such      
facility into compliance with such      
standards4  7d7 ,classification of      
documents for purposes of ,,foia ,the   
reports required under subsections      
7a77#b7 and 7b77#b77;,c7 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 ,department are          
considered records subject to public    
disclosure under 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 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 being detained4  7#b7   
,elements ,the information described in 
this paragraph is1 for each such        
facility-- 7,a7 the name and location of
 the facility2  7,b7 whether the        
facility houses adults1 children1 or    
both2  7,c7 the number of beds available
 in the facility on the last day of the 
preceding month1 disaggregated by       
gender2  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 an adult2  
7,e7 whether the facility is used to    
detain aliens for longer than #gb hours2

  7,f7 whether the facility is used to  
detain aliens for longer than #g days2  
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 an adult2  
7,h7 whether the facility is in         
compliance with the standards           
established pursuant to section #d2     
7,i7 if the facility is not owned by the
 ,department1 a description of the      
nature of the contract providing for the
 detention of aliens at such facility2  
and  7,j7 the average1 median1 #beth    
quartile1 and #ejth quartile number of  
days that aliens have been detained at  
the facility during the preceding month4
  7f7 ,online detainee locator system   
,the ,secretary shall ensure 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 ,department-- 7#a7 the   
gender and age of the alien2  7#b7 the  
date on which the alien was taken into  
such custody2  7#c7 the country of      
nationality of the alien2  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;a7 of this ,act72  7#e7 the 
provision of law pursuant to which the  
,secretary is authorized to detain the  
alien2  7#f7 the name of the facility in
 which the alien is detained2  7#g7 if  
the alien was transferred 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 if   
the transfer was effectuated despite the
 presence of the alien's legal counsel  
or immediate relative in the            
jurisdiction of the original detention  
facility1 the justification for such    
transfer2  7#h7 the status and basis of 
any removal proceedings to which the    
alien is the subject2  7#i7 the initial 
custody determination made by ,u4,s4    
,immigration and ,customs ,enforcement1 
including any review of such            
determination2  7#aj7 the date of the   
alien's release or removal1 and the     
reason for such release or removal1 as  
applicable2  7#aa7 whether the alien is 
subject to a final order of removal2    
7#ab7 whether the alien was apprehended 
as part of a family unit2 and  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 for violation of         
standards  7a7 ,in general ,an          
individual who is detained in a facility

 required to comply with the standards  
established pursuant to section #d and  
is injured as a result of a violation of
 any such standard may file a claim in  
the appropriate district court of the   
,united ,states4  7b7 ,recovery ,in a   
civil action brought under this section1
 the court may-- 7#a7 order injunctive  
relief and award compensatory damages2  
and  7#b7 award the prevailing party    
reasonable attorney fees 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 ages of such population4 
7#b7 ,public availability ,the          
,secretary shall make the information   
described in paragraph 7#a7 available to
 the public on an 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 the   
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              
nonresidential1 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  7c7 ,facility     
requirement ,the ,secretary shall ensure
 that each facility used for the        
detention of aliens has a visitor       
waiting and security screening area that
 is indoor and climate-controlled4  #h4 
,appearance of detained aliens for other
 legal matters ,the ,secretary shall    
promulgate 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-- 7,a7 arrest an
 alien2 and  7,b7 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#b7774  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 person 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 meeting 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 younger than #ba years of 
age or older than #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 a   

,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 officer1 in an  
interview conducted in accordance with  
section #bce7;b77#a77;,b71 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 or     
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 pursuant to 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 
the ,dignity for ,detained ,immigrants  
,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      
younger than #ah years of age4  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 ,case management    
study ,not later than #ahj days after   
the date of the enactment of the        
,dignity for ,detained ,immigrants ,act1
 the ,secretary of ,homeland ,security  
shall conduct a study to examine best   
practices of government-funded case     
management and related services1        
including exploring the feasibility of  
the ,department of ,homeland ,security  
funding case management services4  7#d7 

,contracts  7,a7 ,in general ,the       
,secretary of ,homeland ,security may   
enter into #a or more contracts to      
operate the case management program     
established pursuant to 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               
nongovernmental1 community-based        
organizations that have experience      
providing services to immigrant1        
refugee1 and asylum-seeking populations4
  7#e7 ,individualized determination    
required  7,a7 ,in general ,in          
determining whether to order an alien to
 participate in a case management       
program under this subsection1 the      
,secretary of ,homeland ,security 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 case management program under this 

subsection may not be ordered for an    
alien for whom it is determined that    
release on reasonable bond or           
recognizance will reasonably ensure the 
appearance of the alien as required and 
the safety of any other person and the  
community4  7#f7 ,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#g7 ,case 
management review ,not later than #ahj  
days after the date of the enactment of 
the ,dignity for ,detained ,immigrants  
,act1 the ,secretary shall conduct a    
review of-- 7,a7 best practices in      
federally funded case management        
programs2 and  7,b7 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 is amended by      
striking the subsection designation and 
all that follows through the end of     
paragraph 7#b7 and inserting the        
following3  7a7 ,in general ,any officer
 or employee of the ,department of      
,homeland ,security who is authorized1  
under regulations prescribed by the     
,secretary of ,homeland ,security1 shall
 have power1 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 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 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 #abbf;a72  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#b77--  7i7 by amending the   
paragraph heading to read as follows3   
,release hearing for aliens detained2   
and  7ii7 in subparagraph 7,a7-- 7,i7 by
 amending the subparagraph 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 ,clerical  
amendment ,the table of contents of 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 ,technical amendments    
,section #bda7;c77#c77;,a77ii7 of the   
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #abca7;c77#c77;,a77ii77 is    
amended-- 7i7 in subclause 7,i71 by     
striking the comma at the end and       
inserting 2 or2  7ii7 in subclause      
7,,ii71 by striking 1 or and inserting a
 period2 and  7iii7 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 such phrase 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 required 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       
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 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 
was not removed during the removal      
period4  7,b7 ,standard ,an alien may   
only be detained after the removal      
period upon a showing by the ,secretary 
of ,homeland ,security that-- 7i7 the   
alien's removal is reasonably           
foreseeable2 or  7ii7 the alien poses a 
risk to the safety of an individual or  
the community1 which-- 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 #fj days4     
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    
7a71 by amending paragraph 7#a7 to read 
as follows3  7#a7 ,in general ,the      
,attorney ,general shall provide for the
 availability of special removal        

proceedings at certain ,federal1 ,state1
 and local correctional facilities for  
aliens convicted of any criminal offense
 described in subparagraphs 7,a77iii71  
7,b71 7,c71 or 7,d71 of section         
#bcg7;a77#b71 or any offense described  
in section #bcg7;a77#b77;,a77ii7 for    
which both predicate offenses are1      
without regard to the date of their     
commission1 otherwise described in      
section #bcg7;a77#b77;,a77i74 ,such     
proceedings shall be conducted in       
conformity with section #bdj 7except as 
otherwise provided under this section71 
and in a manner which eliminates the    
need for additional detention at any    
processing center of the ,department of 
,homeland ,security and in a manner that
 ensures expeditious removal following  
the end of the alien's incarceration for
 the underlying sentence4 ,nothing in   
this section may be construed to create 
any substantive or procedural right or  
benefit that is legally enforceable by  
any party against the ,united ,states or

 its agencies or officers or any other  
person4  2  7ii7 by redesignating the   
second subsection 7c7 as subsection 7d72
 and  7iii7 in subsection 7d71 as       
redesignated-- 7,i7 in paragraph        
7#b77;,b71 by striking section          
#bda7;a77#b77;,a7 and inserting section 
#bcg7;a77#b77;,a72 and  7,,ii7 in       
paragraph 7#d71 by striking section     
#bda7;a7 and inserting section #bcg7;a72
  7,b7 in section #bgf7;b77#d7 7#h      
,u4,s4,c4 #acbf7;b77#d771 by striking   
section #bda7;a77#d77;,b7 and inserting 
section #bcg7;a77#d77;,b72 and  7,c7 in 
section #eja7a7 7#h ,u4,s4,c4 #aeca7a771
 by striking section #bda7;a77#d77;,b7  
and inserting section #bcg7;a77#d77;,b74
  #aj4 ,prohibition on solitary         
confinement  7a7 ,in general ,an        
individual in the custody of the        
,department may not be placed in        
solitary confinement4  7b7 ,defined term
 ,in this section1 the term solitary    
confinement-- 7#a7 means the confinement
 of an individual to the individual's   

cell1 alone or with a cellmate1 whether 
pursuant to disciplinary1               
administrative1 or classification       
action2 and  7#b7 does not include the  
confinement of an individual to such    
individual's assigned cell during       
designated sleeping time4  #aa4 ,legal  
orientation  7a7 ,program ,the          
,secretary of ,homeland ,security shall 
ensure that each facility used to detain
 aliens provides each alien detained in 
such facility with access to the ,legal 
,orientation ,program 7or any successor 
program71 whether or not such facility  
is owned by the ,department4 ,such      
program shall be operated by a          
nonprofit1 nongovernmental organization 
with demonstrated immigration law       
expertise4  7b7 ,orientation ,the       
,secretary of ,homeland ,security shall 
ensure that each alien described in     
subsection 7a7 receives the legal       
orientation required under such         
subsection1 which may be provided in a  
group setting1 as soon as practicable   

after entering the detention facility1  
which orientation may not be delayed    
until after the initial hearing before  
an immigration judge4  #ab4 ,access to  
counsel ,the ,secretary of ,homeland    
,security shall permit an alien who has 
obtained counsel in accordance with     
section #bib of the ,immigration and    
,nationality ,act 7#h ,u4,s4,c4 #acfb7  
to access such counsel1 including       
through confidential contact with such  
counsel through in person1 telephonic1  
or televideo meetings4  #ac4            
,congressional oversight  7a7 ,defined  
term ,in this section1 the term covered 
person means-- 7#a7 a ,member of        
,congress2 or  7#b7 an employee of the  
,senate or the ,house of                
,representatives designated by a ,member
 of ,congress for the purposes of this  
section4  7b7 ,in general ,the          
,secretary of ,homeland ,security-- 7#a7
 shall permit a covered person to enter1
 for the purpose of conducting          
oversight1 any facility operated by or  

for the ,department to detain or        
otherwise house aliens for any period2  
and  7#b7 may not make any temporary    
modification at any such facility that  
alters what is observed by a visiting   
covered person1 compared to what would  
be observed in the absence of such      
modification4  7c7 ,no advance notice   
for covered persons ,a ,member of       
,congress may not be required to provide
 advance notice of his or her intent to 
enter a facility described in subsection
 7b77#a7 for the purpose of conducting  
oversight4  7d7 ,notice for employees   
7#a7 ,employees not accompanying a      
covered person ,except as provided in   
paragraph 7#b71 the ,secretary of       
,homeland ,security may require a       
covered person described in subsection  
7a77#b7 to provide notice to the        
operator of a facility described in     
subsection 7b77#a7 at least #bd hours in
 advance of the entry of such covered   
person if he or she is not accompanied  
by a ,member of ,congress4  7#b7        

,employees accompanying a covered person
 ,the notice required under paragraph   
7#a7 shall not be required for a covered
 person described in subsection 7a77#b7 
who is accompanied by a ,member of      
,congress4