II 

112TH CONGRESS 

1ST SESSION S. 1949 

To provide for safe and humane policies and procedures pertaining to the 

arrest, detention, and processing of aliens in immigration enforcement 

operations. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 7, 2011 

Mr. KERRY introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To provide for safe and humane policies and procedures 

pertaining to the arrest, detention, and processing of 

aliens in immigration enforcement operations. 

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 ‘‘Families First Immi5 gration Enforcement Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) DEPARTMENT.—The term ‘‘Department’’ 

9 means the Department of Homeland Security. 


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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Homeland Security. 

3 (3) SSA.—The term ‘‘SSA’’ means appropriate 

4 State social service agencies. 

5 SEC. 3. ARREST PROCEDURES. 

6 (a) IN GENERAL.—Any immigration workplace en7 forcement operation by the Department for alleged viola8 tions of the Immigration and Nationality Act (8 U.S.C. 

9 1101 et seq.), which is reasonably calculated to apprehend, 

10 or results in the apprehension of, at least 50 aliens, shall 

11 be carried out in accordance with the procedures described 

12 in this section. 

13 (b) STATE NOTIFICATION.—The Department shall 

14 provide State officials with sufficient advance notice of all 

15 immigration workplace enforcement operations to allow 

16 State law enforcement officials to notify SSA of— 

17 (1) the specific area of the State that will be af18 fected; 

19 (2) the languages spoken by employees at the 

20 target worksite; and 

21 (3) any special needs of the employees. 

22 (c) NONGOVERNMENTAL ORGANIZATION NOTIFICA23 TION.— 

24 (1) IN GENERAL.—The Department and SSA 

25 shall determine how appropriate nongovernmental 


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1 organizations will be notified on the day of the en2 forcement action. 

3 (2) PARTICIPATION.—At the discretion of SSA, 

4 representatives of a nongovernmental organization 

5 who speak the native language of the aliens detained 

6 in the enforcement action may be permitted to par7 ticipate with SSA officials in interviewing such 

8 aliens. 

9 (d) DETERMINATION OF RISK TO RELATIVES.—The 

10 Department shall provide SSA with unfettered and con11 fidential access to aliens detained in the enforcement ac12 tion to assist in the screening and interviews of aliens to 

13 determine whether the detainee, the detainee’s children, 

14 or other vulnerable people, including elderly and disabled 

15 individuals, have been placed at risk as a result of the 

16 detainee’s arrest. 

17 (e) MEDICAL SCREENING.—After SSA officials have 

18 met with the alien detainees, qualified medical personnel 

19 from the Division of Immigration Health Services of the 

20 Department of Health and Human Services shall— 

21 (1) conduct medical screenings of the alien de22 tainees; and 

23 (2) identify and report any medical issues that 

24 might necessitate humanitarian release or additional 

25 care. 


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1 (f) CONSIDERATION OF RECOMMENDATIONS.—The 

2 Department shall immediately consider recommendations 

3 made by SSA and the Division of Immigration Health 

4 Services about alien detainees who should be released on 

5 humanitarian grounds, including alien detainees who— 

6 (1) have a medical condition that requires spe7 cial attention; 

8 (2) are pregnant women; 

9 (3) are nursing mothers; 

10 (4) are the sole caretakers of their minor chil11 dren or elderly relatives; 

12 (5) function as the primary contact between the 

13 family and those outside the home due to language 

14 barriers; 

15 (6) are needed to support their spouses in car16 ing for sick or special needs children; 

17 (7) have spouses who are ill or otherwise unable 

18 to be sole caretaker; or 

19 (8) are younger than 18 years of age. 

20 (g) PUBLICITY.—The Department shall provide, and 

21 advertise in the mainstream and foreign language media, 

22 a toll-free number through which family members of alien 

23 detainees may report such relationships to operators 

24 who— 


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1 (1) speak English and the majority language of 

2 the target population of the enforcement operation; 

3 and 

4 (2) will convey such information to the Depart5 ment and SSA. 

6 SEC. 4. DETENTION PROCEDURES. 

7 (a) IN GENERAL.—In order to maximize full and fair 

8 visitation by children, immediate family members, and 

9 counsel, an alien should be detained, to the extent space 

10 is available, in facilities within the physical jurisdiction or 

11 catchment area of the local field office of United States 

12 Immigration and Customs Enforcement. 

13 (b) RELEASE.— 

14 (1) IN GENERAL.—Not later than 72 hours 

15 after an alien’s apprehension in an immigration 

16 workplace enforcement operation, the alien shall be 

17 released from Department custody, in accordance 

18 with paragraph (2), if the alien— 

19 (A) is not subject to mandatory detention 

20 under section 235(1)(B)(iii)(IV), 236(c), or 

21 236A of the Immigration and Nationality Act 

22 (8 U.S.C. 1225(1)(B)(iii)(IV), 1226(c), and 

23 1226a); 

24 (B) does not pose an immediate flight risk; 

25 and 


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1 (C) meets any of the criteria set forth in 

2 section 3(f). 

3 (2) TYPE OF RELEASE.—An alien shall be re4 leased under this subsection— 

5 (A) on the alien’s own recognizance; 

6 (B) by posting a minimum bond under sec7 tion 236(a) of the Immigration and Nationality 

8 Act (8 U.S.C. 1226(a)); 

9 (C) on parole in accordance with section 

10 212(d)(5)(A) of such Act (8 U.S.C. 

11 1182(d)(5)(A)); or 

12 (D) through the Intensive Supervision Ap13 pearance Program or another comparable alter14 native to detention program. 

15 SEC. 5. LEGAL ORIENTATION PRESENTATIONS. 

16 Any alien arrested in an immigration enforcement op17 eration that is reasonably calculated to apprehend, or re18 sults in the apprehension of, at least 50 aliens shall have 

19 access to legal orientation presentations provided by inde20 pendent, nongovernmental agencies through the Legal 

21 Orientation Program administered by the Executive Office 

22 for Immigration Review. 


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1 SEC. 6. REGULATIONS CONCERNING THE TREATMENT OF 

2 ALIENS IN A VULNERABLE POPULATION IN 

3 THE UNITED STATES. 

4 Not later than 6 months after the date of the enact5 ment of this Act, the Secretary shall promulgate regula6 tions to implement this Act, in accordance with the notice 

7 and comment requirements under subchapter II of chapter 

8 5 of title 5, United States Code (commonly referred to 

9 as the Administrative Procedure Act). 

10 SEC. 7. REPORT TO CONGRESS. 

11 The Secretary shall submit an annual report that de12 scribes all the actions taken by the Department to imple13 ment this Act to— 

14 (1) the Committee on the Judiciary of the Sen15 ate; 

16 (2) the Committee on the Judiciary of the 

17 House of Representatives; 

18 (3) the Committee on Homeland Security and 

19 Governmental Affairs of the Senate; and 

20 (4) the Committee on Homeland Security of the 

21 House of Representatives. 

22 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated such sums 

24 as may be necessary to carry out this Act. 

Æ 


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