II 

111TH CONGRESS 

1ST SESSION S. 1594 

To provide safeguards against faulty asylum procedures, to improve conditions 

of detention for detainees, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 6, 2009 

Mr. LIEBERMAN (for himself, Mr. KENNEDY, and Mr. AKAKA) introduced the 

following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To provide safeguards against faulty asylum procedures, to 

improve conditions of detention for detainees, 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 ‘‘Secure and Safe De5 tention and Asylum Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ASYLUM SEEKER.—The term ‘‘asylum seek9 er’’ means an applicant for asylum under section 


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1 208 of the Immigration and Nationality Act (8 

2 U.S.C. 1158) or for withholding of removal under 

3 section 241(b)(3) of such Act (8 U.S.C. 1231(b)(3)) 

4 or an alien who indicates an intention to apply for 

5 relief under either such section and does not include 

6 a person with respect to whom a final adjudication 

7 denying an application made under either such sec8 tion has been entered. 

9 (2) CREDIBLE FEAR OF PERSECUTION.—The 

10 term ‘‘credible fear of persecution’’ has the meaning 

11 given that term in section 235(b)(1)(B)(v) of the 

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

13 1225(b)(1)(B)(v)). 

14 (3) DEPARTMENT.—The term ‘‘Department’’ 

15 means the Department of Homeland Security. 

16 (4) DETAINEE.—The term ‘‘detainee’’ means 

17 an alien in the Department’s custody held in a de18 tention facility. 

19 (5) DETENTION FACILITY.—The term ‘‘deten20 tion facility’’ means any Federal facility in which an 

21 asylum seeker, an alien detained pending the out22 come of a removal proceeding, or an alien detained 

23 pending the execution of a final order of removal, is 

24 detained for more than 72 hours, or any other facil25 ity in which such detention services are provided to 


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1 the Federal Government by contract, and does not 

2 include detention at any port of entry in the United 

3 States. 

4 (6) REASONABLE FEAR OF PERSECUTION OR

5 TORTURE.—The term ‘‘reasonable fear of persecu6 tion or torture’’ has the meaning described in sec7 tion 208.31 of title 8, Code of Federal Regulations. 

8 (7) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Homeland Security. 

10 (8) STANDARD.—The term ‘‘standard’’ means 

11 any policy, procedure, or other requirement. 

12 (9) VULNERABLE POPULATIONS.—The term 

13 ‘‘vulnerable populations’’ means classes of aliens 

14 subject to the Immigration and Nationality Act (8 

15 U.S.C. 1101 et seq.) who have special needs requir16 ing special consideration and treatment by virtue of 

17 their vulnerable characteristics, including experi18 ences of, or risk of, abuse, mistreatment, or other 

19 serious harms threatening their health or safety. 

20 Vulnerable populations include the following: 

21 (A) Asylum seekers. 

22 (B) Refugees admitted under section 207 

23 of the Immigration and Nationality Act (8 

24 U.S.C. 1157) and individuals seeking such ad25 mission. 


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1 (C) Aliens whose deportation is being with2 held under section 243(h) of the Immigration 

3 and Nationality Act (as in effect immediately 

4 before the effective date of section 307 of the 

5 Illegal Immigration Reform and Immigrant Re6 sponsibility Act of 1996 (Public Law 104–208; 

7 110 Stat. 3009–612)) or section 241(b)(3) of 

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

9 1231(b)(3)). 

10 (D) Aliens granted or seeking protection 

11 under article 3 of the Convention Against Tor12 ture and other Cruel, Inhumane, or Degrading 

13 Treatment or Punishment, done at New York, 

14 December 10, 1994. 

15 (E) Applicants for relief and benefits 

16 under the Immigration and Nationality Act 

17 pursuant to the amendments made by the Traf18 ficking Victims Protection Act of 2000 (division 

19 A of Public Law 106–386; 114 Stat. 1464), in20 cluding applicants for nonimmigrant status 

21 under subparagraph (T) or (U) of section 

22 101(a)(15) of the Immigration and Nationality 

23 Act (8 U.S.C. 1101(a)(15)). 

24 (F) Applicants for relief and benefits 

25 under the Immigration and Nationality Act 


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1 pursuant to the amendments made by the Vio2 lence Against Women Act of 2000 (division B 

3 of Public Law 106–386; 114 Stat. 1491). 

4 (G) Unaccompanied alien children (as de5 fined in 462(g) of the Homeland Security Act 

6 of 2002 (6 U.S.C. 279(g)). 

7 (H) Families with children. 

8 (I) Detainees with serious medical or men9 tal health needs. 

10 SEC. 3. PROCEDURES FOR ENSURING ACCURACY AND 

11 VERIFIABILITY OF SWORN STATEMENTS 

12 TAKEN PURSUANT TO EXPEDITED REMOVAL 

13 AUTHORITY. 

14 (a) IN GENERAL.—The Secretary shall establish 

15 quality assurance procedures to ensure the accuracy and 

16 verifiability of signed or sworn statements taken by em17 ployees of the Department exercising expedited removal 

18 authority under section 235(b) of the Immigration and 

19 Nationality Act (8 U.S.C. 1225(b)). 

20 (b) RECORDING OF INTERVIEWS.—Any sworn or 

21 signed written statement taken of an alien as part of the 

22 record of a proceeding under section 235(b)(1)(A) of the 

23 Immigration and Nationality Act (8 U.S.C. 

24 1225(b)(1)(A)) shall be accompanied by a recording of the 


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1 interview which served as the basis for that sworn state2 ment. 

3 (c) RECORDINGS.— 

4 (1) IN GENERAL.—The recording of the inter5 view shall also include the written statement, in its 

6 entirety, being read back to the alien in a language 

7 that the alien claims to understand, and the alien af8 firming the accuracy of the statement or making any 

9 corrections thereto. 

10 (2) FORMAT.—The recording shall be made in 

11 video, audio, or other equally reliable format. 

12 (d) EXEMPTION AUTHORITY.— 

13 (1) Subsections (b) and (c) shall not apply to 

14 interviews that occur at facilities exempted by the 

15 Secretary pursuant to this subsection. 

16 (2) The Secretary or the Secretary’s designee 

17 may exempt any facility based on a determination by 

18 the Secretary or the Secretary’s designee that com19 pliance with subsections (b) and (c) at that facility 

20 would impair operations or impose undue burdens or 

21 costs. 

22 (3) The Secretary or the Secretary’s designee 

23 shall report annually to Congress on the facilities 

24 that have been exempted pursuant to this sub25 section. 


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1 (4) The exercise of the exemption authority 

2 granted by this subsection shall not give rise to a 

3 private cause of action. 

4 (e) INTERPRETERS.—The Secretary shall ensure that 

5 a professional fluent interpreter is used when the inter6 viewing officer does not speak a language understood by 

7 the alien and there is no other Federal, State, or local 

8 government employee available who is able to interpret ef9 fectively, accurately, and impartially. 

10 (f) RECORDINGS IN IMMIGRATION PROCEEDINGS.— 

11 Recordings of interviews of aliens described in subsection 

12 (b) shall be included in the record of a proceeding and 

13 may be considered as evidence in any further proceedings 

14 involving the alien. 

15 SEC. 4. PROCEDURES GOVERNING DETENTION DECISIONS. 

16 Section 236 of the Immigration and Nationality Act 

17 (8 U.S.C. 1226) is amended— 

18 (1) in subsection (a)— 

19 (A) in the matter preceding paragraph 

20 (1)— 

21 (i) in the first sentence by striking 

22 ‘‘Attorney General’’ and inserting ‘‘Sec23 retary of Homeland Security’’; 

24 (ii) by striking ‘‘(c)’’ and inserting 

25 ‘‘(d)’’; and 


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1 (iii) in the second sentence, by insert2 ing ‘‘or the Secretary’’ after ‘‘Attorney 

3 General’’; 

4 (B) in paragraph (2)— 

5 (i) in subparagraph (A)— 

6 (I) by inserting ‘‘or the Sec7 retary’’ after ‘‘Attorney General’’; and 

8 (II) by striking ‘‘or’’ at the end; 

9 (ii) in subparagraph (B), by striking 

10 ‘‘but’’ at the end; and 

11 (iii) by inserting after subparagraph 

12 (B) the following: 

13 ‘‘(C) the alien’s own recognizance; or 

14 ‘‘(D) a secure alternatives program as pro15 vided for in this section; but’’; 

16 (2) by redesignating subsections (b), (c), (d), 

17 and (e) as subsections (d), (e), (f), and (h), respec18 tively; 

19 (3) by inserting after subsection (a) the fol20 lowing new subsections: 

21 ‘‘(b) CUSTODY DECISIONS.— 

22 ‘‘(1) IN GENERAL.—In the case of a decision 

23 under subsection (a) or (d), the following shall 

24 apply: 


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1 ‘‘(A) The decision shall be made in writing 

2 and shall be served upon the alien. A decision 

3 to continue detention without bond or parole 

4 shall specify in writing the reasons for that de5 cision. 

6 ‘‘(B) The decision shall be served upon the 

7 alien within 48 hours of the alien’s detention 

8 or, in the case of an alien subject to section 235 

9 or 241(a)(5) who must establish a credible fear 

10 of persecution or a reasonable fear of persecu11 tion or torture in order to proceed in immigra12 tion court, within 48 hours of a positive credible 

13 fear of persecution or reasonable fear of perse14 cution or torture determination. 

15 ‘‘(2) CRITERIA TO BE CONSIDERED.—The cri16 teria to be considered by the Attorney General and 

17 the Secretary in making a custody decision shall in18 clude— 

19 ‘‘(A) whether the alien poses a risk to pub20 lic safety or national security; 

21 ‘‘(B) whether the alien is likely to appear 

22 for immigration proceedings; and 

23 ‘‘(C) any humanitarian reasons that may 

24 warrant the alien’s release. 


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1 ‘‘(3) CUSTODY REDETERMINATION.—An alien 

2 subject to this section may at any time after being 

3 served with the Secretary’s decision under subsection 

4 (a) or (d) request a redetermination of that decision 

5 by an immigration judge. All decisions by the Sec6 retary to detain an alien without bond or parole 

7 shall be subject to redetermination by an immigra8 tion judge within 2 weeks from the time the alien 

9 was served with the decision, except that the alien 

10 may waive the requirement that the redetermination 

11 occur within 2 weeks. The alien may request another 

12 redetermination upon a showing of a material 

13 change in circumstances since the last redetermina14 tion hearing. The Secretary shall advise the alien at 

15 the time the alien is served with the Secretary’s de16 cision under subsection (a) or (d) of the opportunity 

17 for requesting a redetermination under this para18 graph. 

19 ‘‘(c) EXCEPTION FOR MANDATORY CUSTODY AND

20 MANDATORY DETENTION.—Subsections (b)(2) and (b)(3) 

21 shall not apply to any alien who is subject to mandatory 

22 detention under sections 235(b)(1)(B)(iii)(IV) or 

23 241(a)(2) or to mandatory custody under sections 236(e) 

24 or 236A.’’; 

25 (4) in subsection (d), as redesignated— 


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1 (A) by striking ‘‘Attorney General at any 

2 time may’’ and inserting ‘‘Secretary may at any 

3 time, based on changed circumstances,’’; and 

4 (B) by striking ‘‘or parole’’ and inserting 

5 ‘‘, parole, or decision to release an alien;’’; 

6 (5) in subsection (e), as redesignated— 

7 (A) in paragraph (1), by striking ‘‘Attor8 ney General’’ and inserting ‘‘Secretary’’; and 

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

10 follows: 

11 ‘‘(2) RELEASE.— 

12 ‘‘(A) IN GENERAL.—The Secretary may re13 lease an alien described in paragraph (1) only 

14 if— 

15 ‘‘(i) the alien satisfies the Secretary 

16 that the alien will not pose a danger to the 

17 safety of persons or property and is likely 

18 to appear for any scheduled proceeding; 

19 and 

20 ‘‘(ii)(I) the Secretary decides pursuant 

21 to section 3521 of title 18, United States 

22 Code, that release of the alien from cus23 tody is necessary to provide protection to a 

24 witness, a potential witness, a person co25 operating with an investigation into major 


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1 criminal activity, or an immediate family 

2 member or close associate of a witness, po3 tential witness, or person cooperating with 

4 such an investigation; or 

5 ‘‘(II) the Secretary decides that the 

6 release is necessary for humanitarian rea7 sons. 

8 ‘‘(B) PROCEDURE.—A decision relating to 

9 such release shall take place in accordance with 

10 a procedure that considers the severity of the 

11 offense committed by the alien.’’; 

12 (6) in subsection (f), as redesignated— 

13 (A) in paragraph (1)— 

14 (i) in the matter preceding subpara15 graph (A), by striking ‘‘Attorney General’’ 

16 and inserting ‘‘Secretary’’; and 

17 (ii) in subparagraphs (A) and (B), by 

18 striking ‘‘Service’’ and inserting ‘‘Depart19 ment of Homeland Security’’; and 

20 (B) in paragraph (3), by striking ‘‘Service’’ 

21 and inserting ‘‘Secretary of Homeland Secu22 rity’’; 

23 (7) by inserting after subsection (f), as redesig24 nated, the following new subsection: 

25 ‘‘(g) ADMINISTRATIVE REVIEW.— 


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1 ‘‘(1) IN GENERAL.—If an immigration judge’s 

2 custody decision has been stayed by the action of an 

3 officer or employee of the Department of Homeland 

4 Security pending an appeal of that decision, the stay 

5 shall expire in 30 days, unless the Board of Immi6 gration Appeals before the expiration of the 30 days, 

7 and upon motion, enters an order continuing the 

8 stay. 

9 ‘‘(2) EFFECT OF CONTINUING STAY.—If the 

10 Board of Immigration Appeals enters an order con11 tinuing the stay described in paragraph (1), the 

12 Board of Immigration Appeals shall adjudicate the 

13 bond appeal not later than 90 days after the date 

14 the custody decision was first stayed, and the stay 

15 shall expire if the Board has not acted before the ex16 piration of the 90 days.’’; and 

17 (8) in subsection (h), as redesignated— 

18 (A) by striking ‘‘Attorney General’s’’ and 

19 inserting ‘‘Secretary of Homeland Security’s’’; 

20 and 

21 (B) by striking ‘‘Attorney General’’ and in22 serting ‘‘Secretary’’. 

23 SEC. 5. LEGAL ORIENTATION PROGRAM. 

24 (a) IN GENERAL.—The Attorney General, in con25 sultation with the Secretary, shall ensure that all detained 


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1 aliens in immigration and asylum proceedings receive legal 

2 orientation through the Legal Orientation Program ad3 ministered and implemented by the Executive Office for 

4 Immigration Review of the Department of Justice. 

5 (b) EXPANSION OF LEGAL ASSISTANCE.—The Sec6 retary shall ensure the expansion through the United 

7 States Citizenship and Immigration Services of public-pri8 vate partnerships that facilitate pro bono counseling and 

9 legal assistance for asylum seekers awaiting a credible fear 

10 of persecution interview, as a continuation of existing pro11 grams, such as the pilot program developed in Arlington, 

12 Virginia, by the United States Citizenship and Immigra13 tion Services. 

14 SEC. 6. CONDITIONS OF DETENTION. 

15 (a) IN GENERAL.—The Secretary shall ensure that 

16 all detention facilities comply with the following minimum 

17 requirements: 

18 (1) FAIR AND HUMANE TREATMENT.—Detain19 ees shall not be subject to degrading or inhumane 

20 treatment, such as physical abuse, sexual abuse or 

21 harassment, or arbitrary punishment. 

22 (2) LIMITATIONS ON SOLITARY CONFINE23 MENT.—Detainees shall not be subject to solitary 

24 confinement, shackling, or strip searches, except to 

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1 sure the security of other detainees, staff, or the 

2 public and only if less coercive measures will not en3 sure the security of other detainees, staff, and the 

4 public. Decisions to place detainees in solitary con5 finement shall be reviewed regularly. 

6 (3) INVESTIGATION OF GRIEVANCES.—Detain7 ees shall have the right to prompt, effective, and im8 partial investigations of grievances. 

9 (4) ACCESS TO TELEPHONES.—Detainees shall 

10 have sufficient access to telephones, and the ability 

11 to contact, free of charge, legal representatives, for12 eign consulates, the immigration courts, the Board 

13 of Immigration Appeals, and the Federal courts 

14 through confidential toll-free numbers. 

15 (5) LOCATION OF FACILITIES.—Detention fa16 cilities shall be located, to the extent practicable, 

17 near sources of free or low-cost legal representation 

18 with expertise in asylum or immigration law. 

19 (6) PROCEDURES GOVERNING TRANSFERS OF

20 DETAINEES.—Procedures governing the transfer of a 

21 detainee shall take into account— 

22 (A) the detainee’s access to legal rep23 resentatives; and 

24 (B) the proximity of the facility to the 

25 venue of the asylum or removal proceeding. 


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1 (7) INTERPRETATION AND TRANSLATION CAPA2 BILITIES.—Detention facilities shall employ staff 

3 that, to the extent practicable, are qualified in the 

4 languages represented in the population of detainees 

5 at a detention facility, and alternative interpreter 

6 and translation services shall be provided when nec7 essary. 

8 (8) RECREATIONAL PROGRAMS AND ACTIVI9 TIES.—Detainees shall be afforded daily access to 

10 indoor and outdoor recreational programs and activi11 ties. 

12 (9) NONCRIMINAL DETAINEES.—Procedures 

13 and conditions of detention shall be appropriate for 

14 detainees with no criminal convictions or history of 

15 violent behavior, and those detainees shall not be de16 tained with persons who have been convicted of felo17 nies or criminal offenses involving violence or per18 sons with a history of violent behavior. 

19 (10) VULNERABLE POPULATIONS.—Procedures 

20 and conditions of detention shall accommodate the 

21 unique needs of asylum seekers, victims of torture 

22 and trafficking, families with children, detainees who 

23 do not speak English, detainees with special reli24 gious, cultural, or spiritual considerations, and other 

25 vulnerable populations. 


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1 (b) RULEMAKING.— 

2 (1) IN GENERAL.—The Secretary shall pre3 scribe regulations, using the procedures for nego4 tiated rulemakings under subchapter III of chapter 

5 5 of title 5, United States Code, to establish stand6 ards to ensure detainees are treated humanely and 

7 to ensure compliance with the minimum require8 ments set forth in subsection (a). 

9 (2) REPRESENTATION ON NEGOTIATED RULE10 MAKING COMMITTEE.—Any negotiated rulemaking 

11 committee established by the Secretary pursuant to 

12 paragraph (1) shall include representatives and ex13 perts from— 

14 (A) relevant agencies of the Department; 

15 (B) the Office of Refugee Resettlement at 

16 the Department of Health and Human Services; 

17 (C) representatives of State and local gov18 ernments that have entered into intergovern19 mental service agreements with the Department 

20 to detain aliens; 

21 (D) the United States Commission on 

22 International Religious Freedom; 

23 (E) nongovernmental organizations with 

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1 tion facilities, including organizations that em2 phasize protections for vulnerable populations; 

3 (F) nongovernmental organizations with 

4 expertise advocating for asylum seekers; 

5 (G) organizations that represent employees 

6 who work at detention facilities; 

7 (H) accrediting bodies for medical care in 

8 settings comparable to detention facilities, such 

9 as the National Commission on Correctional 

10 Health Care, or other experts in the field of 

11 providing quality medical care in such settings; 

12 and 

13 (I) other interested parties. 

14 (3) TIME REQUIREMENT.—The procedures for 

15 the negotiated rulemaking referred to in paragraph 

16 (1) shall be conducted in a timely manner to ensure 

17 that— 

18 (A) any recommendations with respect to 

19 proposed regulations are provided to the Sec20 retary not later than 6 months after the date 

21 of enactment of this Act; and 

22 (B) a final rule is promulgated not later 

23 than 1 year after the date of enactment of this 

24 Act. 

25 (c) ENFORCING REGULATIONS AND STANDARDS.— 


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1 (1) IN GENERAL.—The Secretary shall ensure 

2 that all detention facilities comply with the require3 ments and regulations promulgated pursuant to this 

4 Act, and any other applicable requirements. 

5 (2) CONTRACTS FOR ADMINISTRATION OF FA6 CILITIES.—The Secretary shall ensure that any con7 tract that the Department enters into for the admin8 istration of a detention facility includes provisions 

9 that— 

10 (A) require the contractor to comply with 

11 the requirements and regulations promulgated 

12 pursuant to this Act, and any other applicable 

13 requirements; and 

14 (B) permit the Secretary to impose fines or 

15 penalties for noncompliance with those require16 ments and regulations. 

17 (3) INTERGOVERNMENTAL SERVICE AGREE18 MENT FACILITIES.—The Secretary shall ensure that 

19 any intergovernmental service agreement that the 

20 Department enters into with a State or local govern21 ment to detain an alien includes provisions that— 

22 (A) require the State or local government 

23 to comply with the requirements and regula24 tions promulgated pursuant to this Act, and 

25 any other applicable requirements; and 


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1 (B) permit the Secretary to impose fines or 

2 penalties for noncompliance with those require3 ments or regulations. 

4 (4) BUREAU OF PRISONS FACILITIES.—The At5 torney General, in coordination with the Secretary, 

6 shall ensure that aliens that are detained pursuant 

7 to an agreement between the Department and the 

8 Department of Justice in facilities operated by the 

9 Bureau of Prisons pending proceedings or awaiting 

10 deportation under provisions of the Immigration and 

11 Nationality Act, are detained in compliance with the 

12 requirements of, and regulations promulgated pursu13 ant to, this Act, and any other applicable require14 ments. 

15 (d) QUALITY OF MEDICAL CARE.— 

16 (1) IN GENERAL.—The Secretary shall ensure 

17 that prompt and adequate emergency, primary, spe18 cialty, and hospital medical care is provided at no 

19 cost to detainees, including dental care, eye care, 

20 mental health care, individual and group counseling, 

21 and services with respect to medical dietary needs. 

22 (2) PROCEDURES.—The Secretary shall ensure 

23 that procedures for providing medical care to detain24 ees include comprehensive intake screening, effective 

25 continuity of care, prompt responses to requests for 


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1 medical care or treatment, and accurate and timely 

2 distribution of prescribed medication. 

3 (3) MEDICAL FACILITIES.—The Secretary shall 

4 ensure that medical facilities in all detention facili5 ties maintain current accreditation by the National 

6 Commission on Correctional Health Care. 

7 (4) MEDICAL RECORDS.—The Secretary shall 

8 ensure that complete medical records are maintained 

9 for every detainee and that the records are made 

10 available upon request to the detainee, the detainee’s 

11 legal representative, or other authorized individuals. 

12 (e) TRAINING OF PERSONNEL.— 

13 (1) IN GENERAL.—The Secretary shall ensure 

14 that personnel in detention facilities are given spe15 cialized training to better understand and work with 

16 the population of detainees held at the facilities 

17 where such personnel work. The training should ad18 dress the unique needs of asylum seekers, victims of 

19 torture or other trauma, and other vulnerable popu20 lations. 

21 (2) SPECIALIZED TRAINING.—The training re22 quired by this subsection shall be designed to better 

23 enable personnel to work with detainees from dif24 ferent countries and detainees who cannot speak 

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1 tainees have no criminal records and are being held 

2 for civil violations. 

3 SEC. 7. OFFICE OF DETENTION OVERSIGHT. 

4 (a) ESTABLISHMENT OF THE OFFICE.— 

5 (1) IN GENERAL.—There is established within 

6 the Department an Office of Detention Oversight (in 

7 this section referred to as the ‘‘Office’’). 

8 (2) HEAD OF THE OFFICE.—The head of the 

9 Office shall be an Administrator who shall be ap10 pointed by, and shall report to, the Secretary. 

11 (3) SCHEDULE.—The Office shall be estab12 lished and the Administrator of the Office appointed 

13 not later than 180 days after the date of the enact14 ment of this Act. 

15 (b) RESPONSIBILITIES OF THE OFFICE.— 

16 (1) INSPECTIONS OF DETENTION CENTERS.— 

17 The Administrator of the Office shall— 

18 (A) undertake frequent and unannounced 

19 inspections of all detention facilities; 

20 (B) develop a procedure for any detainee 

21 or the detainee’s representative to file a written 

22 complaint directly with the Office; and 

23 (C) report to the Secretary and to the As24 sistant Secretary of Homeland Security for 

25 U.S. Immigration and Customs Enforcement all 


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1 findings regarding a detention facility’s non2 compliance with detention standards and any 

3 applicable laws. 

4 (2) INVESTIGATIONS.—The Administrator of 

5 the Office shall— 

6 (A) initiate investigations, as appropriate, 

7 into allegations of systemic problems at deten8 tion facilities, incidents that constitute viola9 tions of detention standards or applicable laws, 

10 or other matters related to mistreatment of de11 tainees; 

12 (B) report to the Secretary and the Assist13 ant Secretary of Homeland Security for U.S. 

14 Immigration and Customs Enforcement the re15 sults of all investigations; and 

16 (C) refer matters, where appropriate, for 

17 further action to— 

18 (i) the Department of Justice; 

19 (ii) the Office of the Inspector Gen20 eral of the Department; 

21 (iii) the Office of Civil Rights and 

22 Civil Liberties of the Department; or 

23 (iv) any other relevant office or agen24 cy. 

25 (3) REPORT TO CONGRESS.— 


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1 (A) IN GENERAL.—The Administrator of 

2 the Office shall submit to the Secretary, the 

3 Committee on the Judiciary and the Committee 

4 on Homeland Security and Governmental Af5 fairs of the Senate, and the Committee on the 

6 Judiciary and the Committee on Homeland Se7 curity of the House of Representatives an an8 nual report on the Administrator’s findings on 

9 detention conditions and the results of the in10 vestigations carried out by the Administrator. 

11 (B) CONTENTS OF REPORT.—Each report 

12 required by subparagraph (A) shall include— 

13 (i) a description of the actions to rem14 edy findings of noncompliance or other 

15 problems that are taken by the Secretary 

16 or the Assistant Secretary of Homeland 

17 Security for U.S. Immigration and Cus18 toms Enforcement, and each detention fa19 cility found to be in noncompliance; and 

20 (ii) information regarding whether 

21 such actions were successful and resulted 

22 in compliance with detention standards. 

23 (4) REVIEW OF COMPLAINTS BY DETAINEES.— 

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1 tions of the detention standards promulgated by the 

2 Secretary. The procedures shall protect the anonym3 ity of the claimant, including detainees, employees, 

4 or others, from retaliation. 

5 (c) COOPERATION WITH OTHER OFFICES AND

6 AGENCIES.—Whenever appropriate, the Administrator of 

7 the Office shall cooperate and coordinate its activities 

8 with— 

9 (1) the Office of the Inspector General of the 

10 Department; 

11 (2) the Office of Civil Rights and Civil Liberties 

12 of the Department; 

13 (3) the Privacy Officer of the Department; 

14 (4) the Civil Rights Division of the Department 

15 of Justice; or 

16 (5) any other relevant office or agency. 

17 (d) DEATHS OF DETAINEES.—The Secretary shall 

18 ensure that— 

19 (1) all deaths of detainees and other aliens in 

20 the Department’s custody, or other deaths related to 

21 operations or actions of employees of U.S. Immigra22 tion and Customs Enforcement or U.S. Customs and 

23 Border Protection, are reported on a timely basis 

24 to— 


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1 (A) the Office of Detention Oversight, if 

2 the death occurred in a detention facility; 

3 (B) the Office of the Inspector General of 

4 the Department; 

5 (C) the legal representative of the deceased 

6 alien, if the Department is on notice that a rep7 resentative has been retained on the alien’s be8 half; 

9 (D) the immediate family of the deceased 

10 alien, if the Department has contact informa11 tion for an immediate family member; 

12 (E) relevant State and local government 

13 officials, including the coroner and the local law 

14 enforcement agency with jurisdiction in the lo15 cation where the death occurred; 

16 (F) the Committee on the Judiciary and 

17 the Committee on Homeland Security and Gov18 ernmental Affairs of the Senate; and 

19 (G) the Committee on the Judiciary and 

20 the Committee on Homeland Security of the 

21 House of Representatives; 

22 (2) a thorough investigation is conducted into 

23 each death by— 

24 (A) the Office of Detention Oversight; 


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1 (B) the Office of the Inspector General of 

2 the Department; or 

3 (C) another appropriate office with inves4 tigative authority in the Department or other 

5 Federal agency; and 

6 (3) a report describing the results of the inves7 tigation into each death is provided to— 

8 (A) the Secretary; 

9 (B) the Committee on the Judiciary and 

10 the Committee on Homeland Security and Gov11 ernmental Affairs of the Senate; and 

12 (C) the Committee on the Judiciary and 

13 the Committee on Homeland Security of the 

14 House of Representatives. 

15 SEC. 8. SECURE ALTERNATIVES PROGRAM. 

16 (a) ESTABLISHMENT OF PROGRAM.—The Secretary 

17 shall establish a secure alternatives program under which 

18 an alien who has been detained may be released under en19 hanced supervision to prevent the alien from absconding 

20 and to ensure that the alien makes appearances related 

21 to such detention. 

22 (b) PROGRAM REQUIREMENTS.— 

23 (1) NATIONWIDE IMPLEMENTATION.—The Sec24 retary shall facilitate the development of the secure 

25 alternatives program on a nationwide basis. 


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1 (2) UTILIZATION OF ALTERNATIVES.—The se2 cure alternatives program shall utilize a continuum 

3 of alternatives based on the alien’s need for super4 vision, which may include placement of the alien 

5 with an individual or organizational sponsor, or in a 

6 supervised group home. 

7 (3) ELEMENTS OF PROGRAM.—The elements of 

8 a secure alternatives program shall include— 

9 (A) individualized case management by an 

10 assigned case supervisor; and 

11 (B) referral to community-based providers 

12 of legal and social services. 

13 (4) RESTRICTIVE ELECTRONIC MONITORING.— 

14 Restrictive electronic monitoring devices, such as 

15 ankle bracelets, may be used only when there is a 

16 demonstrated need for such enhanced monitoring, 

17 and any decision to require such a device shall be re18 viewed periodically. 

19 (5) ALIENS ELIGIBLE FOR SECURE ALTER20 NATIVES PROGRAM.— 

21 (A) IN GENERAL.—Aliens who would oth22 erwise be subject to detention based on a con23 sideration of the release criteria in section 

24 236(b)(2) of the Immigration and Nationality 

25 Act, as amended by section 4, or who are reVerDate Nov 24 2008 03:20 Aug 07, 2009 Jkt 079200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1594.IS S1594

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1 leased pursuant to section 236(e)(2) of such 

2 Act, as so amended, shall be considered for the 

3 secure alternatives program. 

4 (B) DESIGN OF PROGRAMS.—Secure alter5 natives programs shall be designed to ensure 

6 sufficient supervision of the population de7 scribed in subparagraph (A). 

8 (6) CONTRACTS.—The Secretary shall enter 

9 into contracts with qualified nongovernmental enti10 ties to implement the secure alternatives program. 

11 (7) OTHER CONSIDERATIONS.—In designing 

12 such program, the Secretary shall— 

13 (A) consult with relevant experts; and 

14 (B) consider programs that have proven 

15 successful in the past, including the Appearance 

16 Assistance Program developed by the Vera In17 stitute and the Intensive Supervision Appear18 ance Program. 

19 SEC. 9. LESS RESTRICTIVE DETENTION FACILITIES. 

20 (a) CONSTRUCTION.—The Secretary shall facilitate 

21 the construction or use of secure but less restrictive deten22 tion facilities. 

23 (b) CRITERIA.—In implementing the requirements of 

24 paragraph (1), the Secretary shall— 


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1 (1) consider the design, operation, and condi2 tions of existing secure but less restrictive detention 

3 facilities; 

4 (2) construct or use detention facilities where— 

5 (A) movement within and between indoor 

6 and outdoor areas of the facility is subject to 

7 minimal restrictions; 

8 (B) detainees have ready access to social, 

9 psychological, and medical services; 

10 (C) detainees with special needs, including 

11 those who have experienced trauma or torture, 

12 have ready access to services and treatment ad13 dressing their needs; 

14 (D) detainees are not placed in handcuffs, 

15 shackles, or solitary confinement within the fa16 cility; 

17 (E) facility staff are specially trained to 

18 address the needs of vulnerable populations; 

19 (F) detainees have ready access to pro20 grams and recreation, including a full range of 

21 varied daily activities and classes; and 

22 (G) detainees are permitted contact visits 

23 with legal representatives and family members. 

24 (c) PLACEMENT IN LESS RESTRICTIVE FACILI25 TIES.—In deciding whether to place a detainee in a secure 


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1 but less restrictive detention facility, the Secretary shall 

2 consider whether the detainee is— 

3 (1) a member of a vulnerable population; or 

4 (2) a nonviolent, noncriminal detainee. 

5 (d) FACILITIES FOR FAMILIES WITH CHILDREN.— 

6 The following requirements shall apply with respect to 

7 families with children: 

8 (1) Families with minor children shall not be 

9 held in detention facilities except when justified by 

10 exceptional circumstances, when required by law, or 

11 when necessary to expedite prompt removal pursuant 

12 to section 235(b)(1)(B)(iii). 

13 (2) In cases where release or a secure alter14 natives program is not an option, the Secretary shall 

15 ensure that— 

16 (A) special detention facilities are designed 

17 to house parents with their minor children, tak18 ing into account the particular needs and 

19 vulnerabilities of minor children; 

20 (B) procedures and conditions of detention 

21 are appropriate for families with minor chil22 dren; 

23 (C) entities with demonstrated experience 

24 and expertise in child welfare participate in the 


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1 management of facilities housing families with 

2 their minor children; and 

3 (D) individualized reviews of each family’s 

4 well being and the need for continued detention 

5 are conducted monthly. 

6 (e) DISCRETIONARY WAIVER AUTHORITY FOR FAMI7 LIES WITH CHILDREN.—Section 235(b)(1)(B)(iii) of the 

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

9 1225(b)(1)(B)(iii)) is amended— 

10 (1) in subclause (IV), by striking ‘‘Any alien’’ 

11 and inserting ‘‘Except as provided in subclause (V), 

12 any alien’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(V) DISCRETIONARY WAIVER

15 AUTHORITY FOR FAMILIES WITH

16 CHILDREN.—The Secretary of Home17 land Security may decide for humani18 tarian reasons not to detain families 

19 with minor children who are otherwise 

20 subject to mandatory detention under 

21 subclause (IV).’’. 

22 (f) REGULATIONS.—The Secretary shall prescribe 

23 such regulations as are necessary to implement this sec24 tion. 


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1 SEC. 10. STUDY ON THE EFFECT OF EXPEDITED REMOVAL 

2 PROVISIONS, PRACTICES, AND PROCEDURES 

3 ON ASYLUM CLAIMS. 

4 (a) STUDY.— 

5 (1) IN GENERAL.—The United States Commis6 sion on International Religious Freedom (in this sec7 tion referred to as the ‘‘Commission’’) is authorized 

8 to conduct a study to determine whether immigra9 tion officers described in paragraph (2) are engaging 

10 in conduct described in paragraph (3). 

11 (2) IMMIGRATION OFFICERS DESCRIBED.—An 

12 immigration officer described in this paragraph is an 

13 immigration officer performing duties under section 

14 235(b) of the Immigration and Nationality Act (8 

15 U.S.C. 1225(b)) with respect to aliens who are ap16 prehended after entering the United States and who 

17 may be eligible to apply for asylum under such sec18 tion or section 208 of such Act (8 U.S.C. 1158). 

19 (3) CONDUCT DESCRIBED.—Conduct described 

20 in this paragraph is the following: 

21 (A) Improperly encouraging an alien re22 ferred to in paragraph (2) to withdraw or re23 tract claims for asylum. 

24 (B) Incorrectly failing to refer such an 

25 alien for an interview by an asylum officer for 

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1 ible fear of persecution (within the meaning of 

2 section 235(b)(1)(B)(v) of the Immigration and 

3 Nationality Act (8 U.S.C. 1225(b)(1)(B)(v))). 

4 (C) Incorrectly removing such an alien to 

5 a country where the alien may be persecuted. 

6 (D) Detaining such an alien improperly or 

7 in inappropriate conditions. 

8 (b) REPORT.—Not later than 24 months after the 

9 date on which the Commission initiates the study con10 ducted under subsection (a), the Commission shall submit 

11 a report containing the results of the study to— 

12 (1) the Committee on Homeland Security and 

13 Governmental Affairs, the Committee on the Judici14 ary, and the Committee on Foreign Relations of the 

15 Senate; and 

16 (2) the Committee on Homeland Security, the 

17 Committee on the Judiciary, and the Committee on 

18 Foreign Affairs of the House of Representatives. 

19 (c) STAFF.— 

20 (1) FROM OTHER AGENCIES.—At the request of 

21 the Commission, the Secretary, the Attorney Gen22 eral, and the Comptroller General of the United 

23 States shall authorize staff designated by the Com24 mission who are recognized for their expertise and 

25 knowledge of refugee and asylum issues to assist the 


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1 Commission in conducting the study under sub2 section (a). 

3 (2) HIRING OF STAFF.—The Commission may 

4 hire additional staff and consultants to conduct the 

5 study under subsection (a). 

6 (3) ACCESS TO PROCEEDINGS.— 

7 (A) IN GENERAL.—Except as provided in 

8 subparagraph (B), the Secretary and the Attor9 ney General shall permit staff designated under 

10 paragraph (1) or hired under paragraph (2) to 

11 have unrestricted access to all stages of all pro12 ceedings conducted under section 235(b) of the 

13 Immigration and Nationality Act (8 U.S.C. 

14 1225(b)). 

15 (B) EXCEPTIONS.—The Secretary and the 

16 Attorney General shall not permit unrestricted 

17 access pursuant to subparagraph (A) in any 

18 case in which— 

19 (i) an alien that is subject to a pro20 ceeding conducted under section 235(b) of 

21 the Immigration and Nationality Act ob22 jects to such access; or 

23 (ii) the Secretary or Attorney General 

24 determines that the security of a particular 


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1 proceeding would be threatened by such 

2 access. 

3 SEC. 11. AUTHORIZATION OF APPROPRIATIONS; EFFECTIVE 

4 DATE. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated such sums as are nec7 essary to carry out this Act. 

8 (b) EFFECTIVE DATE.—Except as specifically pro9 vided in sections 6 and 7, this Act and the amendments 

10 made by this Act shall take effect on the date that is 180 

11 days after the date of the enactment of this Act. 

Æ 


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