II 

110TH CONGRESS 

2D SESSION S. 3114 

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 

JUNE 11, 2008 

Mr. LIEBERMAN (for himself, Mr. BROWNBACK, Mr. KENNEDY, and Mr. 

HAGEL) 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 SEC. 3. RECORDING SECONDARY INSPECTION INTERVIEWS. 

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

9 quality assurance procedures to ensure the accuracy and 

10 verifiability of signed or sworn statements taken by em11 ployees of the Department exercising expedited removal 

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

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

14 (b) FACTORS RELATING TO SWORN STATEMENTS.— 

15 Any sworn or signed written statement taken of an alien 

16 as part of the record of a proceeding under section 

17 235(b)(1)(A) of the Immigration and Nationality Act (8 

18 U.S.C. 1225(b)(1)(A)) shall be accompanied by a record19 ing of the interview which served as the basis for that 

20 sworn statement. 

21 (c) RECORDINGS.— 

22 (1) IN GENERAL.—The recording of the inter23 view shall also include the written statement, in its 

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

25 that the alien claims to understand, and the alien afVerDate Aug 31 2005 03:41 Jun 12, 2008 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3114.IS S3114

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1 firming the accuracy of the statement or making any 

2 corrections thereto. 

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

4 video, audio, or other equally reliable format. 

5 (d) EXEMPTION AUTHORITY.— 

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

7 interviews that occur at facilities exempted by the 

8 Secretary pursuant to this subsection. 

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

10 may exempt any facility based on a determination by 

11 the Secretary or the Secretary’s designee that com12 pliance with subsections (b) and (c) at that facility 

13 would impair operations or impose undue burdens or 

14 costs. 

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

16 shall report annually to Congress on the facilities 

17 that have been exempted pursuant to this sub18 section. 

19 (4) The exercise of the exemption authority 

20 granted by this subsection shall not give rise to a 

21 private cause of action. 

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

23 a professional fluent interpreter is used when the inter24 viewing officer does not speak a language understood by 

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


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1 government employee available who is able to interpret ef2 fectively, accurately, and impartially. 

3 (f) RECORDINGS IN IMMIGRATION PROCEEDINGS.— 

4 Recordings of interviews of aliens described in subsection 

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

6 may be considered as evidence in any further proceedings 

7 involving the alien. 

8 SEC. 4. PROCEDURES GOVERNING DETENTION DECISIONS. 

9 Section 236 of the Immigration and Nationality Act 

10 (8 U.S.C. 1226) is amended— 

11 (1) in subsection (a)— 

12 (A) in the matter preceding paragraph 

13 (1)— 

14 (i) in the first sentence by striking 

15 ‘‘Attorney General’’ and inserting ‘‘Sec16 retary of Homeland Security’’; 

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

18 ‘‘(d)’’; and 

19 (iii) in the second sentence by striking 

20 ‘‘Attorney General’’ and inserting ‘‘Sec21 retary’’; 

22 (B) in paragraph (2)— 

23 (i) in subparagraph (A)— 

24 (I) by striking ‘‘Attorney Gen25 eral’’ and inserting ‘‘Secretary’’; and 


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

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

3 ‘‘but’’ at the end; and 

4 (iii) by inserting after subparagraph 

5 (B) the following: 

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

7 ‘‘(D) a secure alternatives program as pro8 vided for in this section; but’’; 

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

10 and (e) as subsections (d), (e), (f), and (h), respec11 tively; 

12 (3) by inserting after subsection (a) the fol13 lowing new subsections: 

14 ‘‘(b) CUSTODY DECISIONS.— 

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

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

17 apply: 

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

19 and shall be served upon the alien. A decision 

20 to continue detention without bond or parole 

21 shall specify in writing the reasons for that de22 cision. 

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

24 alien within 72 hours of the alien’s detention 

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


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

2 of persecution or a reasonable fear of persecu3 tion or torture in order to proceed in immigra4 tion court, within 72 hours of a positive credible 

5 fear of persecution or reasonable fear of perse6 cution or torture determination. 

7 ‘‘(2) CRITERIA TO BE CONSIDERED.—The cri8 teria to be considered by the Secretary and the At9 torney General in making a custody decision shall 

10 include— 

11 ‘‘(A) whether the alien poses a risk to pub12 lic safety or national security; 

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

14 for immigration proceedings; and 

15 ‘‘(C) any other relevant factors. 

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

17 subject to this section may at any time after being 

18 served with the Secretary’s decision under sub19 sections (a) or (d) request a redetermination of that 

20 decision by an immigration judge. All decisions by 

21 the Secretary to detain an alien without bond or pa22 role shall be subject to redetermination by an immi23 gration judge within 2 weeks from the time the alien 

24 was served with the decision, except that the alien 

25 may waive the requirement that the redetermination 


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1 occur within 2 weeks. The alien may request another 

2 redetermination upon a showing of a material 

3 change in circumstances since the last redetermina4 tion hearing. 

5 ‘‘(c) EXCEPTION FOR MANDATORY DETENTION.— 

6 Subsection (b) shall not apply to any alien who is subject 

7 to mandatory detention under section 

8 235(b)(1)(B)(iii)(IV), 236(c), or 236A or who has a final 

9 order of removal and has no proceedings pending before 

10 the Executive Office for Immigration Review.’’; 

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

12 (A) by striking ‘‘Attorney General’’ and in13 serting ‘‘Secretary’’; and 

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

15 ‘‘, parole, or decision to release;’’; 

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

17 (A) by striking ‘‘Attorney General’’ and in18 serting ‘‘Secretary’’ each place it appears; and 

19 (B) in paragraph (2), by inserting ‘‘or for 

20 humanitarian reasons,’’ after ‘‘such an inves21 tigation,’’; 

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

23 (A) in the matter preceding paragraph (1), 

24 by striking ‘‘Attorney General’’ and inserting 

25 ‘‘Secretary’’; 


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1 (B) in paragraph (1), in subparagraphs 

2 (A) and (B), by striking ‘‘Service’’ and insert3 ing ‘‘Department of Homeland Security’’; and 

4 (C) in paragraph (3), by striking ‘‘Service’’ 

5 and inserting ‘‘Secretary of Homeland Secu6 rity’’; 

7 (7) by inserting after subsection (f), as redesig8 nated, the following new subsection: 

9 ‘‘(g) ADMINISTRATIVE REVIEW.—If an immigration 

10 judge’s custody decision has been stayed by the action of 

11 an officer or employee of the Department of Homeland 

12 Security, the stay shall expire in 30 days, unless the Board 

13 of Immigration Appeals before the expiration of the 30 

14 days, and upon motion, enters an order continuing the 

15 stay.’’; and 

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

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

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

19 and 

20 (B) by striking ‘‘Attorney General’’ and in21 serting ‘‘Secretary’’. 

22 SEC. 5. LEGAL ORIENTATION PROGRAM. 

23 (a) IN GENERAL.—The Attorney General, in con24 sultation with the Secretary, shall ensure that all detained 

25 aliens in immigration and asylum proceedings receive legal 


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1 orientation through a program administered and imple2 mented by the Executive Office for Immigration Review 

3 of the Department of Justice. 

4 (b) CONTENT OF PROGRAM.—The legal orientation 

5 program developed pursuant to this section shall be based 

6 on the Legal Orientation Program carried out by the Ex7 ecutive Office for Immigration Review on the date of the 

8 enactment of this Act. 

9 (c) EXPANSION OF LEGAL ASSISTANCE.—The Sec10 retary shall ensure the expansion through the United 

11 States Citizenship and Immigration Services of public-pri12 vate partnerships that facilitate pro bono counseling and 

13 legal assistance for asylum seekers awaiting a credible fear 

14 of persecution interview, as a continuation of existing pro15 grams, such as the pilot program developed in Arlington, 

16 Virginia by the United States Citizenship and Immigra17 tion Services. 

18 SEC. 6. CONDITIONS OF DETENTION. 

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

20 standards governing conditions and procedures at deten21 tion facilities are fully implemented and enforced, and that 

22 all detention facilities comply with the standards. 

23 (b) PROCEDURES AND STANDARDS.—The Secretary 

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1 ties. The improvements shall address at a minimum the 

2 following policies and procedures: 

3 (1) FAIR AND HUMANE TREATMENT.—Proce4 dures to ensure that detainees are not subject to de5 grading or inhumane treatment such as physical 

6 abuse, sexual abuse or harassment, or arbitrary pun7 ishment. 

8 (2) LIMITATIONS ON SOLITARY CONFINE9 MENT.—Procedures limiting the use of solitary con10 finement, shackling, and strip searches of detainees 

11 to situations where the use of such techniques is ne12 cessitated by security interests or other extraor13 dinary circumstances. 

14 (3) INVESTIGATION OF GRIEVANCES.—Proce15 dures for the prompt and effective investigation of 

16 grievances raised by detainees. 

17 (4) ACCESS TO TELEPHONES.—Procedures per18 mitting detainees sufficient access to telephones, and 

19 the ability to contact, free of charge, legal represent20 atives, the immigration courts, the Board of Immi21 gration Appeals, and the Federal courts through 

22 confidential toll-free numbers. 

23 (5) LOCATION OF FACILITIES.—Location of de24 tention facilities, to the extent practicable, near 


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1 sources of free or low-cost legal representation with 

2 expertise in asylum or immigration law. 

3 (6) PROCEDURES GOVERNING TRANSFERS OF

4 DETAINEES.—Procedures governing the transfer of a 

5 detainee that take into account— 

6 (A) the detainee’s access to legal rep7 resentatives; and 

8 (B) the proximity of the facility to the 

9 venue of the asylum or removal proceeding. 

10 (7) TRANSLATION CAPABILITIES.—The employ11 ment of detention facility staff that, to the extent 

12 practicable, are qualified in the languages rep13 resented in the population of detainees at a deten14 tion facility, and the provision of alternative trans15 lation services when necessary. 

16 (8) RECREATIONAL PROGRAMS AND ACTIVI17 TIES.—Daily access to indoor and outdoor rec18 reational programs and activities. 

19 (c) QUALITY OF MEDICAL CARE.— 

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

21 that prompt and adequate medical care is provided 

22 at no cost to detainees, including dental care, eye 

23 care, mental health care, and where appropriate, in24 dividual and group counseling, medical dietary 


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1 needs, and other medically necessary specialized 

2 care. 

3 (2) 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 (NCCHC). 

7 (3) 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, his legal rep11 resentative, or other authorized individuals. 

12 (d) SPECIAL STANDARDS FOR NONCRIMINAL DE13 TAINEES.—The Secretary shall promulgate new stand14 ards, or modifications to existing standards, that— 

15 (1) recognize the distinctions between persons 

16 with criminal convictions or a history of violent be17 havior and all other detainees; and 

18 (2) ensure that procedures and conditions of 

19 detention are appropriate for a noncriminal, non20 violent population. 

21 (e) SPECIAL STANDARDS FOR VULNERABLE POPU22 LATIONS.—The Secretary shall promulgate new stand23 ards, or modifications to existing standards, that— 

24 (1) recognize the unique needs of asylum seek25 ers, victims of torture and trafficking, families with 


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1 children, detainees who do not speak English, de2 tainees with special religious, cultural or spiritual 

3 considerations, and other vulnerable populations; 

4 and 

5 (2) ensure that procedures and conditions of 

6 detention are appropriate for the populations listed 

7 in this subsection. 

8 (f) TRAINING OF PERSONNEL.— 

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

10 that personnel in detention facilities are given spe11 cialized training to better understand and work with 

12 the population of detainees held at the facilities 

13 where such personnel work. The training should ad14 dress the unique needs of— 

15 (A) asylum seekers; 

16 (B) victims of torture or other trauma; and 

17 (C) other vulnerable populations. 

18 (2) SPECIALIZED TRAINING.—The training re19 quired by this subsection shall be designed to better 

20 enable personnel to work with detainees from dif21 ferent countries, and detainees who cannot speak 

22 English. The training shall emphasize that many de23 tainees have no criminal records and are being held 

24 for civil violations. 


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1 SEC. 7. OFFICE OF DETENTION OVERSIGHT. 

2 (a) ESTABLISHMENT OF THE OFFICE.— 

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

4 the Department an Office of Detention Oversight (in 

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

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

7 Office shall be an Administrator who shall be ap8 pointed by, and shall report to, the Secretary. 

9 (3) SCHEDULE.—The Office shall be estab10 lished and the Administrator of the Office appointed 

11 not later than 180 days after the date of the enact12 ment of this Act. 

13 (b) RESPONSIBILITIES OF THE OFFICE.— 

14 (1) INSPECTIONS OF DETENTION CENTERS.— 

15 The Administrator of the Office shall— 

16 (A) undertake frequent and unannounced 

17 inspections of all detention facilities; 

18 (B) develop a procedure for any detainee 

19 or the detainee’s representative to file a written 

20 complaint directly with the Office; and 

21 (C) report to the Secretary and to the As22 sistant Secretary of Homeland Security for 

23 U.S. Immigration and Customs Enforcement all 

24 findings of a detention facility’s noncompliance 

25 with detention standards. 


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1 (2) INVESTIGATIONS.—The Administrator of 

2 the Office shall— 

3 (A) initiate investigations, as appropriate, 

4 into allegations of systemic problems at deten5 tion facilities, incidents that constitute serious 

6 violations of detention standards, or other mat7 ters related to mistreatment of detainees; 

8 (B) report to the Secretary and the Assist9 ant Secretary of Homeland Security for U.S. 

10 Immigration and Customs Enforcement the re11 sults of all investigations; and 

12 (C) refer matters, where appropriate, for 

13 further action to— 

14 (i) the Department of Justice; 

15 (ii) the Office of the Inspector Gen16 eral of the Department; 

17 (iii) the Office of Civil Rights and 

18 Civil Liberties of the Department; or 

19 (iv) any other relevant office or agen20 cy. 

21 (3) REPORT TO CONGRESS.— 

22 (A) IN GENERAL.—The Administrator of 

23 the Office shall submit to the Secretary, the 

24 Committee on the Judiciary and the Committee 

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1 fairs of the Senate, and the Committee on the 

2 Judiciary and the Committee on Homeland Se3 curity of the House of Representatives an an4 nual report on the Administrator’s findings on 

5 detention conditions and the results of the in6 vestigations carried out by the Administrator. 

7 (B) CONTENTS OF REPORT.—Each report 

8 required by subparagraph (A) shall include— 

9 (i) a description of the actions to rem10 edy findings of noncompliance or other 

11 problems that are taken by the Secretary 

12 or the Assistant Secretary of Homeland 

13 Security for U.S. Immigration and Cus14 toms Enforcement, and each detention fa15 cility found to be in noncompliance; and 

16 (ii) information regarding whether 

17 such actions were successful and resulted 

18 in compliance with detention standards. 

19 (4) REVIEW OF COMPLAINTS BY DETAINEES.— 

20 The Administrator of the Office shall establish pro21 cedures to receive and review complaints of viola22 tions of the detention standards promulgated by the 

23 Secretary. The procedures shall protect the anonym24 ity of the claimant, including detainees, employees, 

25 or others, from retaliation. 


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1 (c) COOPERATION WITH OTHER OFFICES AND

2 AGENCIES.—Whenever appropriate, the Administrator of 

3 the Office shall cooperate and coordinate its activities 

4 with— 

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

6 Department; 

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

8 of the Department; 

9 (3) the Privacy Officer of the Department; 

10 (4) the Civil Rights Division of the Department 

11 of Justice; or 

12 (5) any other relevant office or agency. 

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

14 ensure that— 

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

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

17 operations or actions of employees of U.S. Immigra18 tion and Customs Enforcement or U.S. Customs and 

19 Border Protection, are reported to— 

20 (A) the Office of Detention Oversight, if 

21 the death occurred in a detention facility; 

22 (B) the Office of the Inspector General of 

23 the Department; 

24 (C) the legal representative of the deceased 

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1 resentative has been retained on the alien’s be2 half; 

3 (D) the immediate family of the deceased 

4 alien, if the Department has contact informa5 tion for an immediate family member; and 

6 (E) relevant State and local government 

7 officials, including the coroner and the local law 

8 enforcement agency with jurisdiction in the lo9 cation where the death occurred; 

10 (2) a thorough investigation is conducted into 

11 each death by— 

12 (A) the Office of Detention Oversight; 

13 (B) the Office of the Inspector General of 

14 the Department; or 

15 (C) another appropriate office with inves16 tigative authority in the Department or other 

17 Federal agency; and 

18 (3) a report describing the results of the inves19 tigation into each death is provided to— 

20 (A) the Secretary; 

21 (B) the Committee on the Judiciary and 

22 Committee on Homeland Security and Govern23 mental Affairs of the Senate; and 


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1 (C) the Committee on the Judiciary and 

2 the Committee on Homeland Security of the 

3 House of Representatives. 

4 SEC. 8. SECURE ALTERNATIVES PROGRAM. 

5 (a) ESTABLISHMENT OF PROGRAM.—The Secretary 

6 shall establish a secure alternatives program under which 

7 an alien who has been detained may be released under en8 hanced supervision to prevent the alien from absconding 

9 and to ensure that the alien makes appearances related 

10 to such detention. 

11 (b) PROGRAM REQUIREMENTS.— 

12 (1) NATIONWIDE IMPLEMENTATION.—The Sec13 retary shall facilitate the development of the secure 

14 alternatives program on a nationwide basis, as a 

15 continuation of existing pilot programs such as the 

16 Intensive Supervision Appearance Program devel17 oped by the Department. 

18 (2) UTILIZATION OF ALTERNATIVES.—The se19 cure alternatives program shall utilize a continuum 

20 of alternatives based on the alien’s need for super21 vision, including placement of the alien with an indi22 vidual or organizational sponsor, or in a supervised 

23 group home. 

24 (3) ALIENS ELIGIBLE FOR SECURE ALTER25 NATIVES PROGRAM.— 


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1 (A) IN GENERAL.—Aliens who would oth2 erwise be subject to detention based on a con3 sideration of the release criteria in section 

4 236(b)(2) of the Immigration and Nationality 

5 Act, or who are released pursuant to section 

6 236(e)(2) of such Act, shall be considered for 

7 the secure alternatives program. 

8 (B) DESIGN OF PROGRAMS.—Secure alter9 natives programs shall be designed to ensure 

10 sufficient supervision of the population de11 scribed in subparagraph (A). 

12 (4) CONTRACTS.—The Secretary shall enter 

13 into contracts with qualified nongovernmental enti14 ties to implement the secure alternatives program. 

15 (5) OTHER CONSIDERATIONS.—In designing 

16 such program, the Secretary shall— 

17 (A) consult with relevant experts; and 

18 (B) consider programs that have proven 

19 successful in the past, including the Appearance 

20 Assistance Program developed by the Vera In21 stitute and the Intensive Supervision Appear22 ance Program. 


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1 SEC. 9. LESS RESTRICTIVE DETENTION FACILITIES. 

2 (a) CONSTRUCTION.—The Secretary shall facilitate 

3 the construction or use of secure but less restrictive deten4 tion facilities. 

5 (b) CRITERIA.—In developing detention facilities pur6 suant to this section, the Secretary shall— 

7 (1) consider the design, operation, and condi8 tions of existing secure but less restrictive detention 

9 facilities, such as the Department’s detention facili10 ties in Broward County, Florida, and Berks County, 

11 Pennsylvania; 

12 (2) to the extent practicable, construct or use 

13 detention facilities where— 

14 (A) movement within and between indoor 

15 and outdoor areas of the facility is subject to 

16 minimal restrictions; 

17 (B) detainees have ready access to social, 

18 psychological, and medical services; 

19 (C) detainees with special needs, including 

20 those who have experienced trauma or torture, 

21 have ready access to services and treatment ad22 dressing their needs; 

23 (D) detainees have ready access to pro24 grams and recreation; 


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1 (E) detainees are permitted contact visits 

2 with legal representatives and family members; 

3 and 

4 (F) special facilities are provided to fami5 lies with children. 

6 (c) FACILITIES FOR FAMILIES WITH CHILDREN.— 

7 For situations where release or secure alternatives pro8 grams are not an option, the Secretary shall, to the extent 

9 practicable, ensure that special detention facilities are spe10 cifically designed to house parents with their minor chil11 dren, including ensuring that— 

12 (1) procedures and conditions of detention are 

13 appropriate for families with minor children; and 

14 (2) living and sleeping quarters for children 

15 under 14 years of age are not physically separated 

16 from at least 1 of the child’s parents. 

17 (d) PLACEMENT IN NONPUNITIVE FACILITIES.— 

18 Among the factors to be considered with respect to placing 

19 a detainee in a less restrictive facility is whether the de20 tainee is— 

21 (1) an asylum seeker; 

22 (2) part of a family with minor children; 

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

24 (4) a nonviolent, noncriminal detainee. 


erowe on PRODPC61 with BILLS
26 

•S 3114 IS

1 (e) PROCEDURES AND STANDARDS.—Where nec2 essary, the Secretary shall promulgate new standards, or 

3 modify existing detention standards, to promote the devel4 opment of less restrictive detention facilities. 

5 SEC. 10. AUTHORIZATION OF APPROPRIATIONS; EFFECTIVE 

6 DATE. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated such sums as are nec9 essary to carry out this Act. 

10 (b) EFFECTIVE DATE.—This Act and the amend11 ments made by this Act shall take effect on the date that 

12 is 180 days after the date of the enactment of this Act. 

Æ 


erowe on PRODPC61 with BILLS