I 

117TH CONGRESS 

1ST SESSION H. R. 2222 

To provide standards for facilities at which aliens in the custody of the 

Department of Homeland Security are detained, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2021 

Ms. JAYAPAL (for herself and Mr. SMITH of Washington) introduced the following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Committee on Homeland Security, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide standards for facilities at which aliens in the 

custody of the Department of Homeland Security are 

detained, 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 ‘‘Dignity for Detained 

5 Immigrants Act of 2021’’. 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HR 2222 IH

1 SEC. 2. SENSE OF CONGRESS. 

2 It is the sense of Congress that detention, even for 

3 a short period of time, inflicts severe, irreparable harm 

4 on children and should be avoided. 

5 SEC. 3. DEFINITIONS. 

6 In this Act: 

7 (1) APPROPRIATE COMMITTEES OF CON8 GRESS.—The term ‘‘appropriate committees of Con9 gress’’ means— 

10 (A) the Committee on the Judiciary of the 

11 Senate; 

12 (B) the Committee on Homeland Security 

13 and Governmental Affairs of the Senate; 

14 (C) the Committee on the Judiciary of the 

15 House of Representatives; and 

16 (D) the Committee on Homeland Security 

17 of the House of Representatives. 

18 (2) DEPARTMENT.—The term ‘‘Department’’ 

19 means the Department of Homeland Security. 

20 (3) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Homeland Security. 

22 SEC. 4. STANDARDS FOR DEPARTMENT OF HOMELAND SE23 CURITY DETENTION FACILITIES. 

24 (a) RULEMAKING.—Not later than 1 year after the 

25 date of the enactment of this Act, the Secretary shall, by 

26 regulation, establish detention standards for each facility 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•HR 2222 IH

1 at which aliens in the custody of the Department are de2 tained. 

3 (b) MINIMUM PROTECTION.—The standards estab4 lished under subsection (a) shall provide, at a minimum, 

5 the level of protections for detainees described in the 

6 American Bar Association’s Civil Immigration Detention 

7 Standards (adopted in August 2012, and as modified in 

8 August 2014). 

9 (c) BIENNIAL UPDATES.—Not less frequently than 

10 biennially, the Secretary shall review and update such 

11 standards, as appropriate. 

12 SEC. 5. OVERSIGHT AND TRANSPARENCY. 

13 (a) PERIODIC INSPECTIONS.— 

14 (1) IN GENERAL.—On a periodic basis, not less 

15 frequently than annually, the Inspector General of 

16 the Department (referred to in this section as the 

17 ‘‘Inspector General’’) shall conduct an unannounced, 

18 in-person inspection of each facility at which aliens 

19 in the custody of the Department are detained to en20 sure that each such facility is in compliance with the 

21 standards established under section 4. 

22 (2) REPORT.—Not later than 60 days after 

23 conducting an inspection under paragraph (1), the 

24 Inspector General shall— 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•HR 2222 IH

1 (A) submit a report to the Secretary con2 taining the results of such inspection; and 

3 (B) make the report available to the public 

4 on the internet website of the Department. 

5 (3) FAILURE TO COMPLY WITH STANDARDS.— 

6 (A) INITIAL FAILURE.— 

7 (i) IN GENERAL.—If the Inspector 

8 General determines that a facility has 

9 failed to comply with the standards estab10 lished under section 4 for the first time 

11 during any 2-year period, and such non12 compliance constitutes a deficiency that 

13 threatens the health, safety, or the due 

14 process rights of detainees— 

15 (I) the Inspector General shall 

16 notify the Secretary of such deter17 mination; and 

18 (II) the Secretary shall— 

19 (aa) in the case of a facility 

20 not owned by the Department, 

21 impose a meaningful fine of not 

22 less than 10 percent of the value 

23 of the contract with the facility; 

24 and 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•HR 2222 IH

1 (bb) in the case of a facility 

2 owned by the Department— 

3 (AA) issue a written 

4 warning to the facility not 

5 later than 30 days after re6 ceiving such notification 

7 from the Inspector General, 

8 which shall include remedial 

9 measures to be carried out 

10 not later than 60 days after 

11 the issuance of the warning; 

12 and 

13 (BB) not later than 60 

14 days after the issuance of a 

15 warning under subitem 

16 (AA), certify to the Inspec17 tor General that the reme18 dial measures have been car19 ried out. 

20 (ii) FOLLOW-UP INSPECTION.—Not 

21 later than 180 days after the date on 

22 which the Inspector General makes a noti23 fication under clause (i)(I), the Inspector 

24 General shall conduct an in-person inspec25 tion of the facility to determine whether 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•HR 2222 IH

1 the facility has achieved compliance with 

2 the standards established under section 4. 

3 (B) SUBSEQUENT FAILURES.—If the In4 spector General determines that a facility has 

5 failed to comply with the standards established 

6 under section 4 in 2 or more inspections under 

7 paragraph (1) during any 2-year period, and 

8 such noncompliance constitutes a deficiency 

9 that threatens the health, safety, or the rights 

10 of detainees— 

11 (i) the Inspector General shall notify 

12 the Secretary of such determination; and 

13 (ii) the Secretary shall— 

14 (I) in the case of a facility not 

15 owned by the Department— 

16 (aa) not later than 30 days 

17 after receiving such notification, 

18 transfer each detainee to a facil19 ity that does so comply; and 

20 (bb) terminate the contract 

21 with the owner or operator of the 

22 facility; and 

23 (II) in the case of a facility 

24 owned by the Department— 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•HR 2222 IH

1 (aa) not later than 60 days 

2 after receiving such notification, 

3 transfer each detainee to a facil4 ity that does so comply; and 

5 (bb) suspend the use of such 

6 facility until such time as the In7 spector General— 

8 (AA) certifies to the 

9 Secretary that the facility is 

10 in compliance with such 

11 standards; and 

12 (BB) makes available 

13 to the public on the internet 

14 website of the Department 

15 information relating to the 

16 remedial measures taken. 

17 (b) DEATHS IN CUSTODY.— 

18 (1) NOTIFICATION.—Not later than 24 hours 

19 after the death of an alien in the custody of the De20 partment, the Secretary shall notify the appropriate 

21 committees of Congress of such death. 

22 (2) INVESTIGATIONS.— 

23 (A) IN GENERAL.—Not later than 30 days 

24 after the death of an alien in the custody of the 

25 Department, the Secretary shall conduct an inVerDate Sep 11 2014 04:58 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2222.IH H2222

pbinns on DSKJLVW7X2PROD with BILLS
8 

•HR 2222 IH

1 vestigation into such death, which shall include 

2 a root cause analysis that identifies any 

3 changes to policies, practices, training curricula, 

4 staffing, or potential system-wide errors that 

5 may reduce the probability of such an event in 

6 the future. 

7 (B) ROOT CAUSE ANALYSIS.—Each root 

8 cause analysis required by subparagraph (A) 

9 shall be carried out— 

10 (i) by appropriately qualified per11 sonnel, including 1 or more medical profes12 sionals qualified in a field relevant to the 

13 death; and 

14 (ii) in accordance with professional 

15 medical standards for investigating sentinel 

16 events in medical care facilities, including 

17 the Sentinel Event Policy promulgated by 

18 The Joint Commission. 

19 (C) PUBLIC REPORT.—Not later than 60 

20 days after such a death, the Secretary shall— 

21 (i) issue a full report describing the 

22 results of the investigation required by 

23 subparagraph (A); and 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•HR 2222 IH

1 (ii) make the report available to the 

2 public on the internet website of the De3 partment. 

4 (D) REVIEW BY INSPECTOR GENERAL.— 

5 Not later than 90 days after the death of an 

6 alien in the custody of the Department, the In7 spector General shall conduct a review of the 

8 report issued under subparagraph (C) with re9 spect to such death. 

10 (3) DEFINITION OF DEATH OF AN ALIEN IN

11 THE CUSTODY OF THE DEPARTMENT.—The term 

12 ‘‘death of an alien in the custody of the Depart13 ment’’ means the death of an alien occurring while 

14 the alien is under the supervision of the Depart15 ment, regardless of— 

16 (A) the location of the death; or 

17 (B) whether the death may have resulted 

18 from a health problem that existed before or 

19 during, or was exacerbated by, the detention of 

20 the alien. 

21 (c) REPORT TO CONGRESS.— 

22 (1) IN GENERAL.—Not less frequently than an23 nually, the Secretary shall submit to the appropriate 

24 committees of Congress a report on the inspections 


pbinns on DSKJLVW7X2PROD with BILLS
10 

•HR 2222 IH

1 and oversight of facilities at which aliens in the cus2 tody of the Department are detained. 

3 (2) ELEMENTS.—Each report required by para4 graph (1) shall include, for the preceding year— 

5 (A) a list of each detention facility found 

6 by the Inspector General to be in noncompli7 ance with the standards established under sec8 tion 4; 

9 (B) for each such facility, a description of 

10 the remedial actions taken, or planned to be 

11 taken, by the Secretary so as to achieve compli12 ance with such standards; and 

13 (C) a determination as to whether such re14 medial actions have succeeded in bringing the 

15 facility into compliance with such standards. 

16 (d) CLASSIFICATION OF DOCUMENTS FOR PURPOSES

17 OF FOIA.—The reports required by subsections (a)(2) 

18 and (b)(2)(C), and any contract between the Department 

19 and a private or public entity that provides for the use 

20 of a facility not owned by the Department to detain aliens 

21 in the custody of the Department, are considered records 

22 for purposes of section 552 of title 5, United States Code, 

23 and do not qualify for the exception under subsection 

24 (b)(4) of such section. 

25 (e) FACILITIES MATRIX.— 


pbinns on DSKJLVW7X2PROD with BILLS
11 

•HR 2222 IH

1 (1) IN GENERAL.—On the first day of each 

2 month, the Secretary shall ensure that a publicly ac3 cessible internet website of the Department contains 

4 the information described in paragraph (2) for each 

5 facility at which aliens in the custody of the Depart6 ment are detained. 

7 (2) ELEMENTS.—The information referred to in 

8 paragraph (1) is, for each such facility, the fol9 lowing: 

10 (A) The name and location of the facility. 

11 (B) Whether the facility houses adults, 

12 children, or both. 

13 (C) The number of beds available in the 

14 facility on the last day of the preceding month, 

15 disaggregated by gender. 

16 (D) The total number of aliens detained in 

17 the facility on the last day of the preceding 

18 month, disaggregated by gender and classifica19 tion as a child or as an adult. 

20 (E) Whether the facility is used to detain 

21 aliens for longer than 72 hours. 

22 (F) Whether the facility is used to detain 

23 aliens for longer than 7 days. 

24 (G) The average number of aliens detained 

25 in the facility during the current year and durVerDate Sep 11 2014 04:58 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2222.IH H2222

pbinns on DSKJLVW7X2PROD with BILLS
12 

•HR 2222 IH

1 ing the preceding month, disaggregated by gen2 der and classification as a child or as an adult. 

3 (H) Whether the facility is in compliance 

4 with the standards established under section 4. 

5 (I) In the case of a facility not owned by 

6 the Department, a description of the nature of 

7 the contract providing for the detention of 

8 aliens at the facility. 

9 (J) The average, median, 25th quartile, 

10 and 50th quartile number of days that an alien 

11 has been detained at the facility during the pre12 ceding month. 

13 (f) ONLINE DETAINEE LOCATOR SYSTEM.—The Sec14 retary shall ensure that the online detainee locator system 

15 maintained by the Department, or any successor system, 

16 is updated not later than 12 hours after an alien is— 

17 (1) taken into, or released from, custody by the 

18 Department; 

19 (2) transferred to, or detained in, a detention 

20 facility; or 

21 (3) removed from the United States. 

22 (g) INFORMATION COLLECTED AND MAINTAINED

23 FOR ALIENS IN DHS CUSTODY.—The Secretary shall col24 lect and maintain, for each alien in the custody of the De25 partment, the following information: 


pbinns on DSKJLVW7X2PROD with BILLS
13 

•HR 2222 IH

1 (1) The gender and age of the alien. 

2 (2) The date on which the alien was taken into 

3 such custody. 

4 (3) The country of nationality of the alien. 

5 (4) Whether the alien is considered a vulnerable 

6 person (as such term is defined in section 236(c)(5) 

7 of the Immigration and Nationality Act, as amended 

8 by section 9) or a primary caregiver. 

9 (5) The provision of law pursuant to which the 

10 Secretary is authorized to detain the alien. 

11 (6) The name of the facility in which the alien 

12 is detained. 

13 (7) With respect to any transfer of the alien to 

14 another detention facility— 

15 (A) a description of the transfer of the 

16 alien to the other detention facility; 

17 (B) the reason for the transfer; and 

18 (C) in the case of a transfer effectuated 

19 despite presence of the alien’s legal counsel or 

20 immediate relative in the jurisdiction of the 

21 original detention facility, a justification for 

22 such transfer. 

23 (8) The status and basis of any removal pro24 ceedings of which the alien is the subject. 


pbinns on DSKJLVW7X2PROD with BILLS
14 

•HR 2222 IH

1 (9) The initial custody determination made by 

2 U.S. Immigration and Customs Enforcement, in3 cluding any review of such determination. 

4 (10) The date of the alien’s release or removal, 

5 and the reason for such release or removal, as appli6 cable. 

7 (11) Whether the alien is subject to a final 

8 order of removal. 

9 (12) Whether the alien was apprehended as 

10 part of a family unit. 

11 (13) Whether the alien was separated from a 

12 family unit at the border or in the interior of the 

13 United States. 

14 SEC. 6. CIVIL ACTIONS. 

15 (a) CIVIL ACTION FOR VIOLATION OF STANDARDS.— 

16 (1) IN GENERAL.—An individual detained in a 

17 facility required to comply with the standards estab18 lished under section 4 who is injured as a result of 

19 a violation of such standards may file a claim in the 

20 appropriate district court of the United States. 

21 (2) RECOVERY.—In a civil action under this 

22 subsection, the court may order injunctive relief and 

23 compensatory damages, and may award the pre24 vailing party reasonable attorney fees, and costs. 


pbinns on DSKJLVW7X2PROD with BILLS
15 

•HR 2222 IH

1 SEC. 7. DETENTION FACILITY CONSTRUCTION AND MAIN2 TENANCE. 

3 (a) RESTRICTION ON CONSTRUCTION.— 

4 (1) IN GENERAL.—Not later than 180 days be5 fore initiating, or entering into a contract for, the 

6 construction of a new facility or the expansion of an 

7 existing facility for the detention of aliens in the 

8 custody of the Department, the Secretary shall sub9 mit to the appropriate committees of Congress a no10 tification of the plan to construct or expand such fa11 cility, including— 

12 (A) the location, size, and capacity of such 

13 facility; 

14 (B) the anticipated timeline and cost of 

15 constructing or expanding such facility; and 

16 (C) the intended population to be detained 

17 at such facility, including the gender and ages 

18 of such population. 

19 (2) PUBLIC AVAILABILITY.—The Secretary 

20 shall make the information described in paragraph 

21 (1) available to the public on the internet website of 

22 the Department. 

23 (b) PHASE-OUT OF PRIVATE DETENTION FACILITIES

24 AND USE OF JAILS.— 

25 (1) SECURE DETENTION FACILITIES.— 

26 (A) IN GENERAL.—The Secretary— 


pbinns on DSKJLVW7X2PROD with BILLS
16 

•HR 2222 IH

1 (i) may not enter into or extend any 

2 contract or agreement with any public or 

3 private for-profit entity that owns or oper4 ates a detention facility for use of such fa5 cility to detain aliens in the custody of the 

6 Department; and 

7 (ii) shall terminate any contract or 

8 agreement described in clause (i) not later 

9 than the date that is 3 years after the date 

10 of the enactment of this Act. 

11 (B) OWNERSHIP REQUIREMENT.—Begin12 ning on the date that is 3 years after the date 

13 of the enactment of this Act, any facility at 

14 which aliens in the custody of the Department 

15 are detained shall be owned and operated by 

16 the Department. 

17 (2) ALTERNATIVES TO DETENTION PRO18 GRAMS.— 

19 (A) IN GENERAL.—The Secretary— 

20 (i) may not enter into or extend any 

21 contract or agreement with any public or 

22 private for-profit entity for the operation 

23 of a program or the use of a facility for 

24 nonresidential, detention-related activities 


pbinns on DSKJLVW7X2PROD with BILLS
17 

•HR 2222 IH

1 for aliens who are subject to monitoring by 

2 the Department; and 

3 (ii) shall terminate any contract or 

4 agreement described in clause (i) not later 

5 than the date that is 3 years after the date 

6 of the enactment of this Act. 

7 (B) OWNERSHIP AND OPERATION RE8 QUIREMENT.—Beginning on the date that is 3 

9 years after the date of the enactment of this 

10 Act, any program or facility used for the activi11 ties described in subparagraph (A)(i) shall be 

12 owned and operated by a nonprofit organization 

13 or the Department. 

14 (3) IMPLEMENTATION PLAN.—Not later than 

15 60 days after the date of the enactment of this Act, 

16 the Secretary shall develop, and make publicly avail17 able, a plan and timeline for the implementation of 

18 this subsection. 

19 SEC. 8. APPEARANCE OF DETAINED ALIENS FOR OTHER 

20 LEGAL MATTERS. 

21 The Secretary shall establish rules to ensure that any 

22 alien detained in the custody of the Department who is 

23 required to appear in Federal or State court (including 

24 family court) for another matter is transported by an offiVerDate Sep 11 2014 04:58 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H2222.IH H2222

pbinns on DSKJLVW7X2PROD with BILLS
18 

•HR 2222 IH

1 cer or employee of the Department to such court pro2 ceeding. 

3 SEC. 9. PROCEDURES FOR DETAINING ALIENS. 

4 (a) PROBABLE CAUSE AND CUSTODY DETERMINA5 TION HEARINGS.—Section 236 of the Immigration and 

6 Nationality Act (8 U.S.C. 1226) is amended to read as 

7 follows: 

8 ‘‘SEC. 236. APPREHENSION AND DETENTION OF ALIENS. 

9 ‘‘(a) ARREST, DETENTION, AND RELEASE.— 

10 ‘‘(1) IN GENERAL.—On a warrant issued by an 

11 immigration judge, or pursuant to section 287(a)(2), 

12 the Secretary of Homeland Security may arrest an 

13 alien, and in accordance with this section, detain the 

14 alien or release the alien on bond, subject to condi15 tions, or recognizance, pending a decision on wheth16 er the alien is to be removed from the United States. 

17 ‘‘(2) EXEMPTION FOR UNACCOMPANIED ALIEN

18 CHILDREN.— 

19 ‘‘(A) IN GENERAL.—This section shall not 

20 apply to unaccompanied alien children (as de21 fined in section 462(g)(2) of the Homeland Se22 curity Act of 2002 (6 U.S.C. 279(g)(2)). 

23 ‘‘(B) TRANSFER OF CUSTODY.—Any unac24 companied alien child in the custody of the Sec25 retary of Homeland Security shall be transVerDate Sep 11 2014 04:58 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H2222.IH H2222

pbinns on DSKJLVW7X2PROD with BILLS
19 

•HR 2222 IH

1 ferred to the custody of the Secretary of Health 

2 and Human Services pursuant to section 

3 235(b)(3) of the William Wilberforce Traf4 ficking Victims Protection Reauthorization Act 

5 of 2008 (8 U.S.C. 1232(b)(3)). 

6 ‘‘(b) BOND DETERMINATION.— 

7 ‘‘(1) IN GENERAL.—An immigration judge who 

8 releases an alien on bond under this section shall— 

9 ‘‘(A) consider, for purposes of setting the 

10 amount of the bond, the alien’s financial posi11 tion and ability to pay the bond without impos12 ing financial hardship on the alien; and 

13 ‘‘(B) set bond at an amount no greater 

14 than necessary to ensure the alien’s appearance 

15 for removal proceedings. 

16 ‘‘(2) INABILITY TO PAY BOND.—The Secretary 

17 of Homeland Security may not continue to detain an 

18 alien solely based on the alien’s inability to pay 

19 bond. 

20 ‘‘(c) CUSTODY DETERMINATION.— 

21 ‘‘(1) INITIAL DETERMINATION.— 

22 ‘‘(A) IN GENERAL.—Not later than 48 

23 hours after taking an alien into custody pursu24 ant to this section or section 235, or with re25 spect to an alien subject to a reinstated order 


pbinns on DSKJLVW7X2PROD with BILLS
20 

•HR 2222 IH

1 of removal pursuant to section 241(a)(5) who 

2 has been found to have a credible or reasonable 

3 fear of return, the Secretary of Homeland Secu4 rity shall make an initial custody determination 

5 with regard to the alien, and provide such de6 termination in writing to the alien. 

7 ‘‘(B) LEAST RESTRICTIVE CONDITIONS.— 

8 With respect to a custody determination under 

9 subparagraph (A), if the Secretary determines 

10 that the release of an alien will not reasonably 

11 ensure the appearance of the alien as required 

12 or will endanger the safety of any other person 

13 or the community, the Secretary shall impose 

14 the least restrictive conditions, as described in 

15 paragraph (4). 

16 ‘‘(2) TIMING.— 

17 ‘‘(A) IN GENERAL.—An alien who seeks to 

18 challenge the initial custody determination 

19 under paragraph (1) shall be provided with the 

20 opportunity for a hearing before an immigra21 tion judge not later than 72 hours after the ini22 tial custody determination to determine whether 

23 the alien should be detained. 

24 ‘‘(B) ACCESS TO COUNSEL.—On request 

25 by an alien, or the legal counsel of an alien, an 


pbinns on DSKJLVW7X2PROD with BILLS
21 

•HR 2222 IH

1 immigration judge may grant a reasonable con2 tinuance of a hearing under subparagraph (A) 

3 to provide the alien or such legal counsel addi4 tional time to prepare for the hearing. 

5 ‘‘(3) PRESUMPTION OF RELEASE.— 

6 ‘‘(A) IN GENERAL.—In a hearing under 

7 this subsection, there shall be a presumption 

8 that the alien should be released. 

9 ‘‘(B) REBUTTAL.— 

10 ‘‘(i) IN GENERAL.—The Secretary of 

11 Homeland Security has the duty of rebut12 ting this presumption, which may only be 

13 shown based on clear and convincing evi14 dence, including credible and individualized 

15 information, that the use of alternatives to 

16 detention will not reasonably ensure the 

17 appearance of the alien at removal pro18 ceedings, or that the alien is a threat to 

19 another person or the community. 

20 ‘‘(ii) CONSIDERATION.—The Attorney 

21 General— 

22 ‘‘(I) shall consider the totality of 

23 each case; and 

24 ‘‘(II) may not rely on an alien’s 

25 criminal conviction, arrest, pending 


pbinns on DSKJLVW7X2PROD with BILLS
22 

•HR 2222 IH

1 criminal charge, or combination there2 of as the sole factor to justify the con3 tinued detention of the alien. 

4 ‘‘(4) LEAST RESTRICTIVE CONDITIONS RE5 QUIRED.— 

6 ‘‘(A) IN GENERAL.—If an immigration 

7 judge determines, pursuant to a hearing under 

8 this section, that the release of an alien will not 

9 reasonably ensure the appearance of the alien 

10 as required or will endanger the safety of any 

11 other person or the community, the immigra12 tion judge shall order the least restrictive condi13 tions, or combination of conditions, that the 

14 judge determines will reasonably ensure the ap15 pearance of the alien as required and the safety 

16 of any other person and the community, which 

17 may include— 

18 ‘‘(i) release on recognizance; 

19 ‘‘(ii) secured or unsecured release on 

20 bond; or 

21 ‘‘(iii) participation in a program de22 scribed in subsection (f). 

23 ‘‘(B) MONTHLY REVIEW.—Not less fre24 quently than monthly, the immigration judge 


pbinns on DSKJLVW7X2PROD with BILLS
23 

•HR 2222 IH

1 shall review any condition assigned to an alien 

2 pursuant to subparagraph (A). 

3 ‘‘(C) MODIFICATION OF CONDITIONS OF

4 SUPERVISION.—An immigration judge may 

5 modify or rescind conditions of supervision im6 posed on an alien by the Secretary of Homeland 

7 Security. 

8 ‘‘(5) SPECIAL RULE FOR VULNERABLE PER9 SONS AND PRIMARY CAREGIVERS.— 

10 ‘‘(A) IN GENERAL.—In the case of an alien 

11 subject to a custody determination under this 

12 subsection who is a vulnerable person or a pri13 mary caregiver, the alien may not be detained 

14 unless the Secretary of Homeland Security 

15 demonstrates, in addition to the requirements 

16 under paragraph (3), that it is unreasonable or 

17 not practicable to place the alien in a commu18 nity-based supervision program. 

19 ‘‘(B) DEFINITIONS.—In this paragraph: 

20 ‘‘(i) MATERIAL WITNESS.—The term 

21 ‘material witness’ means an individual who 

22 presents a declaration to an attorney inves23 tigating, prosecuting, or defending the 

24 workplace claim or from the presiding offi25 cer overseeing the workplace claim attestVerDate Sep 11 2014 04:58 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H2222.IH H2222

pbinns on DSKJLVW7X2PROD with BILLS
24 

•HR 2222 IH

1 ing that, to the best of the declarant’s 

2 knowledge and belief, reasonable cause ex3 ists to believe that the testimony of the in4 dividual will be relevant to the outcome of 

5 the workplace claim. 

6 ‘‘(ii) PRIMARY CAREGIVER.—The term 

7 ‘primary caregiver’ means an individual 

8 who is established to be a caregiver, par9 ent, or close relative caring for or traveling 

10 with a child. 

11 ‘‘(iii) VULNERABLE PERSON.—The 

12 term ‘vulnerable person’ means an indi13 vidual who— 

14 ‘‘(I) is under 21 years of age or 

15 over 60 years of age; 

16 ‘‘(II) is pregnant; 

17 ‘‘(III) identifies as lesbian, gay, 

18 bisexual, transgender, queer, or 

19 intersex; 

20 ‘‘(IV) is a victim or witness of a 

21 crime; 

22 ‘‘(V) has filed a nonfrivolous civil 

23 rights claim in Federal or State court; 


pbinns on DSKJLVW7X2PROD with BILLS
25 

•HR 2222 IH

1 ‘‘(VI) has filed, or is a material 

2 witness to, a bonafide workplace 

3 claim; 

4 ‘‘(VII) has a serious mental or 

5 physical illness or disability; 

6 ‘‘(VIII) has been determined by 

7 an asylum officer in an interview con8 ducted under section 235(b)(1)(B) to 

9 have a credible fear of persecution or 

10 torture; 

11 ‘‘(IX) has limited English lan12 guage proficiency and is not provided 

13 access to appropriate and meaningful 

14 language services in a timely fashion; 

15 or 

16 ‘‘(X) has been determined by an 

17 immigration judge or by the Secretary 

18 of Homeland Security to have experi19 enced or to be experiencing severe 

20 trauma or to be a survivor of torture 

21 or gender-based violence, based on in22 formation obtained during intake, 

23 from the alien’s attorney or legal serv24 ice provider, or through credible self25 reporting. 


pbinns on DSKJLVW7X2PROD with BILLS
26 

•HR 2222 IH

1 ‘‘(iv) WORKPLACE CLAIM.—The term 

2 ‘workplace claim’ means any written or 

3 oral claim, charge, complaint, or grievance 

4 filed with, communicated to, or submitted 

5 to the employer, a Federal, State, or local 

6 agency or court, or an employee represent7 ative related to the violation of applicable 

8 Federal, State, and local labor laws, in9 cluding laws concerning wages and hours, 

10 labor relations, family and medical leave, 

11 occupational health and safety, civil rights, 

12 or nondiscrimination. 

13 ‘‘(6) SUBSEQUENT DETERMINATIONS.—An 

14 alien detained under this section shall be provided 

15 with a de novo custody determination hearing under 

16 this subsection— 

17 ‘‘(A) not later than 30 days after the date 

18 of the enactment of this Act; 

19 ‘‘(B) every 60 days; and 

20 ‘‘(C) upon showing of a change in cir21 cumstances or good cause for such a hearing. 

22 ‘‘(d) RELEASE UPON AN ORDER GRANTING RELIEF

23 FROM REMOVAL.—The Secretary of Homeland Security— 

24 ‘‘(1) shall immediately release an alien with re25 spect to whom an immigration judge has entered an 


pbinns on DSKJLVW7X2PROD with BILLS
27 

•HR 2222 IH

1 order providing relief from removal (including an 

2 order granting asylum or withholding, deferral, or 

3 cancellation of removal) or an order terminating re4 moval proceedings, which order is pending appeal, 

5 upon entry of the order; and 

6 ‘‘(2) may impose only reasonable conditions on 

7 the alien’s release from custody. 

8 ‘‘(e) PROHIBITION ON DETENTION OF CHILDREN.— 

9 Notwithstanding any other provision of this Act, the Sec10 retary of Homeland Security may not detain in a facility 

11 operated or contracted by U.S. Immigration and Customs 

12 Enforcement any individual who is under the age of 18 

13 years. 

14 ‘‘(f) COMMUNITY-BASED CASE MANAGEMENT PRO15 GRAM.— 

16 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

17 Security shall establish, outside of the purview of 

18 U.S. Immigration and Customs Enforcement, a com19 munity-based case management program that— 

20 ‘‘(A) provides alternatives to detaining 

21 aliens; 

22 ‘‘(B) offers a continuum of community23 based support options and services, including— 

24 ‘‘(i) case management; and 

25 ‘‘(ii) access to— 


pbinns on DSKJLVW7X2PROD with BILLS
28 

•HR 2222 IH

1 ‘‘(I) social services; 

2 ‘‘(II) medical and mental health 

3 services; 

4 ‘‘(III) housing; 

5 ‘‘(IV) transportation; and 

6 ‘‘(V) legal services; and 

7 ‘‘(C) provides services in the appropriate 

8 language. 

9 ‘‘(2) PROHIBITION ON ELECTRONIC SURVEIL10 LANCE.—The program under paragraph (1) may not 

11 include, as an alternative to detention, the provision 

12 of ankle monitors or other forms of electronic sur13 veillance. 

14 ‘‘(3) Within 180 days, the Secretary shall un15 dertake a study to examine best practices of govern16 ment-funded case management and related services, 

17 including exploring the possibility of funding case 

18 management services out of the Department. 

19 ‘‘(4) CONTRACTS.— 

20 ‘‘(A) IN GENERAL.—The Secretary may 

21 enter into 1 or more contracts to operate the 

22 case management program described in para23 graph (1). 

24 ‘‘(B) PRIORITIZATION.—In entering into a 

25 contract under subparagraph (A), the Secretary 


pbinns on DSKJLVW7X2PROD with BILLS
29 

•HR 2222 IH

1 shall give priority to direct contracts with quali2 fied nongovernmental community-based organi3 zations that have experience providing services 

4 to immigrant, refugee, and asylum-seeking pop5 ulations. 

6 ‘‘(5) INDIVIDUALIZED DETERMINATION RE7 QUIRED.— 

8 ‘‘(A) IN GENERAL.—In determining wheth9 er to order an alien to participate in a program 

10 under this subsection, the Secretary or the im11 migration judge, as appropriate, shall make an 

12 individualized determination to determine the 

13 appropriate level of supervision for the alien. 

14 ‘‘(B) EXEMPTION.—Participation in a pro15 gram under this subsection may not be ordered 

16 for an alien for whom it is determined that re17 lease on reasonable bond or recognizance will 

18 reasonably ensure the appearance of the alien 

19 as required and the safety of any other person 

20 and the community. 

21 ‘‘(6) PROHIBITION ON FEES FOR ALTER22 NATIVES TO DETENTION.—An alien who is required 

23 to participate in a specific alternatives to detention 

24 program or service may not be charged a fee for 

25 such participation. 


pbinns on DSKJLVW7X2PROD with BILLS
30 

•HR 2222 IH

1 ‘‘(7) CASE MANAGEMENT REVIEW.—Not later 

2 than 180 days after the date of the enactment of 

3 Dignity for Detained Immigrants Act of 2021, the 

4 Secretary shall conduct a review of— 

5 ‘‘(A) best practices in federally funded case 

6 management programs; and 

7 ‘‘(B) the feasibility of transferring alter8 natives to detention case management programs 

9 out of the purview of the Department of Home10 land Security.’’. 

11 (b) PROBABLE CAUSE HEARING.—Section 287(a) of 

12 the Immigration and Nationality Act (8 U.S.C. 

13 1357(a)(2)) is amended by striking the subsection des14 ignation and all the follows through ‘‘United States;’’ in 

15 paragraph (2) and inserting the following: 

16 ‘‘(a) IN GENERAL.—Any officer or employee of the 

17 Department of Homeland Security authorized under regu18 lations prescribed by the Secretary of Homeland Security 

19 shall have power without warrant— 

20 ‘‘(1) to interrogate any alien or person believed 

21 to be an alien as to the person’s right to be or to 

22 remain in the United States, provided that such in23 terrogation is not based on the person’s race, eth24 nicity, national origin, religion, sexual orientation, 


pbinns on DSKJLVW7X2PROD with BILLS
31 

•HR 2222 IH

1 color, spoken language, or English language pro2 ficiency; and 

3 ‘‘(2) to arrest any alien who, in the presence or 

4 view of the officer or employee, is entering or at5 tempting to enter the United States in violation of 

6 any law or regulation made pursuant to law regu7 lating the admission, exclusion, expulsion, or re8 moval of aliens, or to arrest any alien in the United 

9 States, if— 

10 ‘‘(A) the officer or employee has probable 

11 cause to believe that— 

12 ‘‘(i) the alien is in the United States 

13 in violation of any such law or regulation; 

14 and 

15 ‘‘(ii) is likely to escape before a war16 rant can be obtained for the arrest of the 

17 alien; 

18 ‘‘(B) the officer or employee has reason to 

19 believe that the alien would knowingly and will20 fully fail to appear in immigration court in re21 sponse to a properly served notice to appear; 

22 and 

23 ‘‘(C) not later than 48 hours after being 

24 taken into custody, the alien is provided with a 

25 hearing before an immigration judge to deterVerDate Sep 11 2014 04:58 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H2222.IH H2222

pbinns on DSKJLVW7X2PROD with BILLS
32 

•HR 2222 IH

1 mine whether there was probable cause for such 

2 arrest, including probable cause to believe that 

3 the alien would have knowingly and willfully 

4 failed to appear as required under subpara5 graph (B) if the alien had not been arrested, 

6 which burden to establish probable cause shall 

7 be on the Department of Homeland Security;’’. 

8 (c) MANDATORY DETENTION REPEALED.— 

9 (1) IN GENERAL.—The Immigration and Na10 tionality Act (8 U.S.C. 1101 et seq.) is amended— 

11 (A) in section 235(b) (8 U.S.C. 1225(b))— 

12 (i) in paragraph (1)(B)— 

13 (I) in clause (ii), by striking ‘‘de14 tained’’ and inserting ‘‘referred’’; and 

15 (II) in clause (iii), by striking 

16 subclause (IV); and 

17 (ii) in paragraph (2)(A), by striking 

18 ‘‘detained’’ and inserting ‘‘referred’’; 

19 (B) by striking section 236A (8 U.S.C. 

20 1226); 

21 (C) in section 238(a)(2) (8 U.S.C. 

22 1228(a)(2)), by striking ‘‘pursuant to section 

23 236(c),’’; and 

24 (D) in section 506(a)(2) (8 U.S.C. 

25 1536(a)(2))— 


pbinns on DSKJLVW7X2PROD with BILLS
33 

•HR 2222 IH

1 (i) by amending the heading to read 

2 as follows: ‘‘RELEASE HEARING FOR

3 ALIENS DETAINED’’; and 

4 (ii) in subparagraph (A)— 

5 (I) by amending the heading to 

6 read as follows: ‘‘IN GENERAL’’; 

7 (II) in the matter preceding 

8 clause (i), by striking ‘‘lawfully admit9 ted for permanent residence’’; 

10 (III) by striking clause (i); and 

11 (IV) by redesignating clauses (ii) 

12 and (iii) as clauses (i) and (ii), respec13 tively. 

14 (2) CONFORMING AMENDMENTS.— 

15 (A) The table of sections for the Immigra16 tion and Nationality Act (8 U.S.C. 1101 et 

17 seq.) is amended by striking the item relating 

18 to section 236A. 

19 (B) Section 241(c)(3)(A)(ii) of the Immi20 gration and Nationality Act (8 U.S.C. 

21 1231(c)(3)(A)(ii)) is amended— 

22 (C) in subclause (I), by striking the comma 

23 at the end and inserting ‘‘; or’’; 

24 (D) in subclause (II), by striking ‘‘, or’’ 

25 and inserting a period; and 


pbinns on DSKJLVW7X2PROD with BILLS
34 

•HR 2222 IH

1 (E) by striking subclause (III). 

2 (d) ALIENS ORDERED REMOVED.— 

3 (1) IN GENERAL.—Section 241(a) of the Immi4 gration and Nationality Act (8 U.S.C. 1231(a)) is 

5 amended— 

6 (A) in paragraph (1), by striking ‘‘90 

7 days’’ each place it appears and inserting ‘‘60 

8 days’’; 

9 (B) by amending paragraph (2) to read as 

10 follows: 

11 ‘‘(2) INITIAL CUSTODY REDETERMINATION

12 HEARING.— 

13 ‘‘(A) IN GENERAL.—Not later than 72 

14 hours after the entry of a final administrative 

15 order of removal, the alien ordered removed 

16 shall be provided with a custody redetermina17 tion hearing before an immigration judge. 

18 ‘‘(B) PRESUMPTION OF DETENTION.—For 

19 purposes of the hearing under subparagraph 

20 (A), the alien shall be detained during the re21 moval period unless the alien demonstrates by 

22 the preponderance of the evidence that— 

23 ‘‘(i) the alien’s removal is not reason24 ably foreseeable; and 


pbinns on DSKJLVW7X2PROD with BILLS
35 

•HR 2222 IH

1 ‘‘(ii) the alien does not pose a risk to 

2 the safety of any individual or to the com3 munity.’’; 

4 (C) in paragraph (3)— 

5 (i) in the paragraph heading, by strik6 ing ‘‘90-DAY’’ and inserting ‘‘60-DAY’’; and 

7 (ii) in the matter preceding subpara8 graph (A), by striking ‘‘the alien, pending 

9 removal, shall be subject to supervision 

10 under’’ and inserting the following: ‘‘except 

11 as provided in paragraph (6), any alien 

12 who has been detained during the removal 

13 period shall be released from custody, 

14 pending removal, subject to individualized 

15 supervision requirements in accordance 

16 with’’; 

17 (D) by amending paragraph (6) to read as 

18 follows: 

19 ‘‘(6) SUBSEQUENT CUSTODY REDETERMINA20 TION HEARINGS.— 

21 ‘‘(A) IN GENERAL.—The Secretary of 

22 Homeland Security may request a subsequent 

23 redetermination hearing before an immigration 

24 judge seeking continued detention for an alien 

25 ordered to be detained pursuant to paragraph 


pbinns on DSKJLVW7X2PROD with BILLS
36 

•HR 2222 IH

1 (2) who has not been removed within the re2 moval period. 

3 ‘‘(B) STANDARD.—An alien may only be 

4 detained after the removal period upon a show5 ing by the Secretary of Homeland Security 

6 that— 

7 ‘‘(i) the alien’s removal is reasonably 

8 foreseeable; or 

9 ‘‘(ii) the alien poses a risk to the safe10 ty of an individual or the community, 

11 which may only be established based on 

12 credible and individualized information and 

13 may not be established based only on the 

14 fact that the alien has been charged with 

15 or is suspected of a crime. 

16 ‘‘(C) PERIOD OF DETENTION.— 

17 ‘‘(i) IN GENERAL.—An alien may not 

18 be detained pursuant to an order under 

19 this paragraph for longer than a 60-day 

20 period. 

21 ‘‘(ii) SUBSEQUENT REDETERMINA22 TION HEARING.—The Secretary of Home23 land Security may seek subsequent redeter24 mination hearings under this paragraph in 


pbinns on DSKJLVW7X2PROD with BILLS
37 

•HR 2222 IH

1 order to continue detaining an alien be2 yond each such 60-day period.’’; and 

3 (E) by striking paragraph (7). 

4 (2) TECHNICAL AND CONFORMING AMEND5 MENTS.—The Immigration and Nationality Act (8 

6 U.S.C. 1101 et seq.) is amended— 

7 (A) in section 238 (8 U.S.C. 1228)— 

8 (i) in subsection (a)(1)— 

9 (I) by moving the paragraph 2 

10 ems to the right; 

11 (II) by amending the paragraph 

12 heading to read as follows: ‘‘IN GEN13 ERAL’’; and 

14 (III) in the first sentence— 

15 (aa) by striking ‘‘section 

16 241(a)(2)(A)(iii)’’ and inserting 

17 ‘‘section 237(a)(2)(A)(iii)’’; 

18 (bb) by striking ‘‘section 

19 241(a)(2)(A)(ii)’’ and inserting 

20 ‘‘section 237(a)(2)(A)(ii)’’; and 

21 (cc) by striking ‘‘section 

22 241(a)(2)(A)(i)’’ and inserting 

23 ‘‘237(a)(2)(A)(i)’’; 

24 (ii) in the second subsection (c)— 


pbinns on DSKJLVW7X2PROD with BILLS
38 

•HR 2222 IH

1 (I) in paragraph (2)(B), by strik2 ing ‘‘section 241(a)(2)(A)’’ and insert3 ing ‘‘section 237(a)(2)(A)’’; and 

4 (II) in paragraph (4), by striking 

5 ‘‘section 241(a)’’ and inserting ‘‘sec6 tion 237(a)’’; and 

7 (iii) by redesignating the second sub8 section (c) as subsection (d); 

9 (B) in section 276(b)(4) (8 U.S.C. 

10 1326(b)(4)), by striking ‘‘section 241(a)(4)(B)’’ 

11 and inserting ‘‘section 237(a)(4)(B)’’; and 

12 (C) in section 501(1) (8 U.S.C. 1531(1)), 

13 by striking ‘‘section 241(a)(4)(B)’’ and insert14 ing ‘‘section 237(a)(4)(B)’’. 

15 SEC. 10. PROHIBITION ON SOLITARY CONFINEMENT. 

16 (a) IN GENERAL.—An individual in the custody of 

17 the Department may not be placed in solitary confine18 ment. 

19 (b) DEFINITION OF SOLITARY CONFINEMENT.—In 

20 this section, the term ‘‘solitary confinement’’ means— 

21 (1) in the case of an individual who is older 

22 than 21 years of age, the state of being confined to 

23 the individual’s cell, alone or with a cellmate, for 

24 more than 22 hours during a 24-hour period, with 

25 very limited out-of-cell time and severely restricted 


pbinns on DSKJLVW7X2PROD with BILLS
39 

•HR 2222 IH

1 activity, movement, and social interaction whether 

2 pursuant to disciplinary, administrative, or classi3 fication action; and 

4 (2) in the case of an individual who is 21 years 

5 of age or younger, involuntary confinement alone in 

6 a cell, room, or other area for a period greater than 

7 3 hours. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS