II 

116TH CONGRESS 

2D SESSION S. 4741 

To prohibit transfers of individuals between ICE facilities and Federal, State, 

and local facilities, to ensure physical distancing inside ICE facilities, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2020 

Mr. BENNET (for himself and Mr. MERKLEY) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To prohibit transfers of individuals between ICE facilities 

and Federal, State, and local facilities, to ensure physical 

distancing inside ICE facilities, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘End Transfers of De5 tained Immigrants Act’’. 

6 SEC. 2. LIMITATION ON TRANSFERS FROM ICE DETENTION 

7 FACILITIES. 

8 (a) TRANSFERS BETWEEN ICE FACILITIES.— 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 4741 IS

1 (1) IN GENERAL.—Except as provided in sub2 section (c), no person in the custody of U.S. Immi3 gration and Customs Enforcement (referred to in 

4 this Act as ‘‘ICE’’) may be transferred between ICE 

5 facilities during the period beginning on the date of 

6 the enactment of this Act and ending on the date on 

7 which the public health emergency declared by the 

8 Department of Health and Human Services on Jan9 uary 27, 2020 has concluded. 

10 (2) DETERMINATION OF CONCLUSION OF PUB11 LIC HEALTH EMERGENCY.—For purposes of para12 graph (1), the public health emergency referred to in 

13 such paragraph shall be deemed to conclude when 

14 the daily transmission rate of the novel coronavirus 

15 (2019–nCoV) that causes COVID–19 has been suffi16 ciently contained so that the daily transmission rate 

17 of the virus in the United States during the prior 2- 

18 week period is at or below 1 per 1,500,000 individ19 uals. 

20 (3) TRANSFERS DESCRIBED.—The restriction 

21 under subsection (a)(1) shall apply to any transfer 

22 between any 2 ICE facilities utilized for the purpose 

23 of civil immigration detention, including— 

24 (A) service processing centers; 

25 (B) contract detention facilities; 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 4741 IS

1 (C) facilities operating under intergovern2 mental service agreements (whether dedicated 

3 or nondedicated with ICE); 

4 (D) juvenile facilities; and 

5 (E) family residential centers. 

6 (b) TRANSFERS BETWEEN FEDERAL, STATE, OR

7 LOCAL FACILITIES.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2) or subsection (c), an ICE officer may not 

10 apprehend or transfer any individual to or from any 

11 ICE detention facility and— 

12 (A) a Federal prison, including any facility 

13 operated by the Bureau of Prisons or the 

14 United States Marshals Service and any other 

15 facility used for the detention of Federal pris16 oners; 

17 (B) a detention facility operated by a State 

18 or local law enforcement agency; 

19 (C) a shelter or facility, whether perma20 nent or temporary in nature, housing unaccom21 panied minors in the custody of the Office of 

22 Refugee Resettlement; or 

23 (D) a State or local prison or jail. 

24 (2) REQUIREMENTS.—Notwithstanding para25 graph (1), a medical professional may authorize the 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 4741 IS

1 transfer of an individual between an ICE detention 

2 facility and a State or local prison or jail if the med3 ical professional— 

4 (A) administers a COVID–19 test; and 

5 (B) quarantines the individual in a non6 punitive medical unit immediately before or 

7 after conducting the transfer— 

8 (i) for a period of 14 consecutive 

9 days; or 

10 (ii) until the test comes back negative. 

11 (3) DEFINED TERM.—As used in paragraph 

12 (2)(B), the term ‘‘nonpunitive medical unit’’ ex13 cludes any punitive holding area, including isolation, 

14 solitary confinement, and administrative segregation. 

15 (c) RELEASE OF DETAINEES.—Nothing in sub16 sections (a) and (b) may be construed to prohibit— 

17 (1) the transfer of any individual solely for the 

18 purpose of necessary processing related to the indi19 vidual’s release from custody; or 

20 (2) the transfer of a minor from the custody of 

21 ICE to the custody of the Office of Refugee Reset22 tlement. 

23 SEC. 3. PHYSICAL DISTANCING INSIDE ICE FACILITIES. 

24 (a) IN GENERAL.—If, at any time, the Department 

25 of Homeland Security Office of the Inspector General, the 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 4741 IS

1 Centers for Disease Control and Prevention, State or local 

2 public health officials, court-appointed investigators, or 

3 the Director of ICE determine that ICE cannot ensure 

4 adherence to guidelines issued by the Centers for Disease 

5 Control and Prevention to mitigate against the spread of 

6 COVID–19 at any ICE facility, including maintaining 

7 physical distance between individuals in custody at all 

8 times, due to population levels or facility structures that 

9 necessitates housing and sleeping large groups of people 

10 in a single room, the Director shall— 

11 (1) immediately conduct a custody review of all 

12 the individuals detained at such facility; and 

13 (2) release all individuals who are determined 

14 eligible for release, with priority given to individuals 

15 who are most medically vulnerable to the effects of 

16 COVID–19. 

17 (b) EFFECT OF FAILURE TO MAINTAIN PHYSICAL

18 DISTANCING.—If the Director of ICE is unable to ensure 

19 physical distancing between all individuals in ICE custody 

20 at all times by the end of the 30-day period beginning 

21 on the date of the enactment of this Act, the Director 

22 shall— 

23 (1) immediately initiate a custody review of all 

24 the individuals detained by ICE; and 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 4741 IS

1 (2) not later than 45 days after the date of the 

2 enactment of this Act, release sufficient numbers of 

3 detainees to ensure adherence to the guidelines 

4 issued by the Centers for Disease Control and Pre5 vention regarding physical distancing to mitigate the 

6 spread of COVID–19. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS