II 

116TH CONGRESS 

1ST SESSION S. 1894 

To require the Secretary of Homeland Security to use alternatives to detention 

for certain vulnerable immigrant populations, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 19, 2019 

Ms. CORTEZ MASTO (for herself, Mr. MARKEY, Mrs. GILLIBRAND, Mr. 

BLUMENTHAL, and Mr. MERKLEY) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant 

populations, 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 ‘‘Alternatives to Deten5 tion Act of 2019’’. 

6 SEC. 2. ALTERNATIVES TO DETENTION UNDER IMMIGRA7 TION LAWS. 

8 (a) ESTABLISHMENT.— 


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

2 programs to provide alternatives to detention under 

3 the immigration laws. 

4 (2) AVAILABILITY.—The programs under para5 graph (1) shall be available to an alien regardless of 

6 whether— 

7 (A) a decision on a charge of removability 

8 with respect to the alien is pending; or 

9 (B) the alien is subject to an order of re10 moval. 

11 (3) CONTINUUM OF SUPERVISION.—The pro12 grams under paragraph (1) shall provide for a con13 tinuum of supervision mechanisms and options, in14 cluding community-based supervision and commu15 nity support. 

16 (4) CONTRACTS WITH NONGOVERNMENTAL OR17 GANIZATIONS.—The Secretary may contract with 

18 one or more nongovernmental organizations to pro19 vide services under this subsection and subsection 

20 (b). 

21 (b) RESTORATION OF THE FAMILY CASE MANAGE22 MENT PROGRAM.—Not later than 7 days after the date 

23 of the enactment of this Act, the Secretary shall fully re24 store the U.S. Immigration and Customs Enforcement 


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1 Family Case Management Program as the program ex2 isted on January 21, 2016, which shall— 

3 (1) provide community supervision and commu4 nity support services, including case management 

5 services, appearance services, and screening of aliens 

6 who have been detained; and 

7 (2) be carried out through a contract with a 

8 nongovernmental organization that has dem9 onstrated expertise in providing such supervision 

10 and support services. 

11 (c) DETERMINATION OF VULNERABLE POPULATION

12 OR CAREGIVER STATUS REQUIRED.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (3) and subject to paragraph (2), not later 

15 than 72 hours after taking an individual into cus16 tody under the immigration laws, the Secretary, the 

17 Commissioner of U.S. Customs and Border Protec18 tion, an immigration officer, or an immigration 

19 judge shall make an individualized determination 

20 with respect to— 

21 (A) whether the individual may participate 

22 in an alternatives to detention program, includ23 ing the Family Case Management Program de24 scribed in subsection (b); and 

25 (B) the appropriate level of supervision. 


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1 (2) PRESUMPTION FOR PLACEMENT IN ALTER2 NATIVES TO DETENTION PROGRAM.— 

3 (A) IN GENERAL.—There shall be a pre4 sumption for placement in an alternatives to de5 tention program that is a community-based su6 pervision program for any alien who is— 

7 (i) taken into the physical custody of 

8 the Department of Homeland Security; 

9 and 

10 (ii) a member of a vulnerable popu11 lation, a parent of a child under 18 years 

12 of age, a dependent caregiver, or a family 

13 caregiver. 

14 (B) EXCEPTION.—The presumption de15 scribed in subparagraph (A) shall not apply if 

16 the Secretary, the Commissioner of U.S. Cus17 toms and Border Protection, an immigration of18 ficer, or an immigration judge specifically deter19 mines that the alien is a threat to himself or 

20 herself or the public. 

21 (3) EXCEPTIONS.—Alternatives to detention 

22 programs shall not be available to any individual— 

23 (A) detained under section 236A of the 

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

25 1226a); or 


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1 (B) for whom release on bond or recog2 nizance is determined to be a sufficient measure 

3 to ensure appearances at immigration pro4 ceedings and public safety. 

5 (d) COORDINATOR OF ALTERNATIVES TO DETEN6 TION.— 

7 (1) IN GENERAL.—Not later than 30 days after 

8 the date of the enactment of this Act, the Secretary 

9 shall— 

10 (A) establish within the Department of 

11 Homeland Security the position of Coordinator 

12 of Alternatives to Detention (referred to in this 

13 subsection as the ‘‘Coordinator’’), which shall 

14 report directly to the Secretary; and 

15 (B) appoint the Coordinator. 

16 (2) RESOURCES.—The Secretary shall make 

17 available to the Coordinator such personnel, funds, 

18 and other resources as may be appropriate to enable 

19 the Coordinator to carry out the mission under para20 graph (3)(A). 

21 (3) MISSION AND DUTIES.— 

22 (A) MISSION.—The mission of the Coordi23 nator shall be to coordinate, in collaboration 

24 with the executive departments, the use of al25 ternatives to detention programs. 


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1 (B) DUTIES OF COORDINATOR.— 

2 (i) IN GENERAL.—The Coordinator 

3 shall— 

4 (I) serve as the primary point of 

5 contact within the executive branch 

6 for Congress, State and local govern7 ments, the private sector, and commu8 nity leaders with respect to the alter9 natives to detention programs; and 

10 (II) in coordination with the ex11 ecutive departments, with respect to 

12 Congress, State and local govern13 ments, the private sector, and commu14 nity leaders, manage information flow 

15 about, requests for actions relating to, 

16 and discussions on such programs. 

17 (ii) REPORTS REQUIRED.— 

18 (I) MONTHLY REPORTS.—Not 

19 later than 30 days after the date of 

20 the appointment of the Coordinator, 

21 and every 30 days thereafter, the Co22 ordinator shall submit to Congress a 

23 report that includes— 


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1 (aa) the number of individ2 uals detained under the immigra3 tion laws— 

4 (AA) pending a decision 

5 on whether the individual is 

6 to be removed; and 

7 (BB) after the issuance 

8 of a removal order; 

9 (bb) an assessment whether 

10 any individual described in item 

11 (aa) is subject to the special rule 

12 under subsection (c)(2); and 

13 (cc) the number of individ14 uals participating in an alter15 natives to detention program es16 tablished under subsection (a), 

17 disaggregated by the level of su18 pervision of such individuals. 

19 (II) ANNUAL REPORTS.—Not 

20 later than one year after the date of 

21 the appointment of the Coordinator, 

22 and annually thereafter, the Coordi23 nator shall submit to Congress a re24 port that includes— 


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1 (aa) guidance and require2 ments for referral and placement 

3 decisions in alternatives to deten4 tion programs; 

5 (bb) information on enroll6 ment in alternatives to detention 

7 programs, disaggregated by field 

8 office; 

9 (cc) information on the 

10 length of enrollment in alter11 natives to detention programs, 

12 disaggregated by type of alter13 native to detention program; and 

14 (dd) information on the pop15 ulation enrolled in alternatives to 

16 detention programs, disaggre17 gated by type of alternative to 

18 detention program and point of 

19 apprehension. 

20 (C) DUTIES OF EXECUTIVE DEPART21 MENTS.—The heads of the executive depart22 ments shall— 

23 (i) respond promptly to any request 

24 by the Coordinator; 


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1 (ii) consistent with applicable law, 

2 provide such information as the Coordi3 nator considers necessary to carry out the 

4 mission of the Coordinator; and 

5 (iii) otherwise cooperate with the Co6 ordinator to the maximum extent prac7 ticable to facilitate the performance of the 

8 mission under subparagraph (A). 

9 (e) GAO STUDY AND REPORT.—The Comptroller 

10 General of the United States shall— 

11 (1) conduct a study on the use and effectiveness 

12 of the alternatives to detention programs established 

13 under subsection (a); and 

14 (2) not later than two years after the date of 

15 the enactment of this Act, submit to Congress a re16 port on the results of the study under paragraph 

17 (1). 

18 (f) DEFINITIONS.—In this section: 

19 (1) DEPENDENT CAREGIVER.—The term ‘‘de20 pendent caregiver’’ means an individual who lives 

with, and provides more than 1 21 ⁄2 of the financial 

22 support required by, a family member who is— 

23 (A) under 18 years of age; or 


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1 (B) unable to engage in substantial em2 ployment due to a physical or mental health 

3 condition or disability. 

4 (2) EXECUTIVE DEPARTMENTS.—The term ‘‘ex5 ecutive departments’’ has the meaning given the 

6 term in section 101 of title 5, United States Code. 

7 (3) FAMILY CAREGIVER.—The term ‘‘family 

8 caregiver’’ means an individual who lives with, and 

provides more than 1 9 ⁄2 of the personal care required 

10 by, a family member who is— 

11 (A) under 18 years of age; or 

12 (B) unable to engage in substantial em13 ployment due to a physical or mental health 

14 condition or disability. 

15 (4) FAMILY MEMBER.—The term ‘‘family mem16 ber’’, with respect to an individual receiving personal 

17 care services or financial support, means an indi18 vidual who is— 

19 (A) a parent or legal guardian; 

20 (B) a spouse; 

21 (C) a child; 

22 (D) a step-family member; or 

23 (E) an extended family member. 

24 (5) IMMIGRATION LAWS.—The term ‘‘immigra25 tion laws’’ has the meaning given the term in section 


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1 101(a)(17) of the Immigration and Nationality Act 

2 (8 U.S.C. 1101(a)(17)). 

3 (6) LEGAL GUARDIAN.—The term ‘‘legal guard4 ian’’ means a legal guardian under State law or the 

5 law of a foreign country. 

6 (7) MEMBER OF A VULNERABLE POPU7 LATION.—The term ‘‘member of a vulnerable popu8 lation’’ means an individual who— 

9 (A) is an asylum seeker or is otherwise 

10 seeking lawful status; 

11 (B) is a victim of torture or trafficking; 

12 (C) has special religious, cultural, or spir13 itual considerations; 

14 (D) is pregnant or nursing; 

15 (E) is under 21 years of age; 

16 (F) is older than 60 years of age; 

17 (G) identifies as gay, lesbian, bisexual, 

18 transgender, or intersex; 

19 (H) is a victim or witness of a crime; 

20 (I) has a mental disorder or physical dis21 ability; or 

22 (J) is experiencing severe trauma or is a 

23 survivor of torture or gender-based violence, as 

24 determined by an immigration judge or the Sec25 retary based on information obtained— 


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1 (i) by the attorney or legal services 

2 provider of the individual during intake; or 

3 (ii) through credible reporting by the 

4 individual. 

5 (8) PARENT.—The term ‘‘parent’’ means a bio6 logical or adoptive parent of a child, whose parental 

7 rights have not been relinquished or terminated 

8 under State law or the law of a foreign country. 

9 (9) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Homeland Security. 

11 SEC. 3. SAVINGS PROVISIONS. 

12 (a) FEDERAL LAW.—Nothing in this Act may be con13 strued to supersede or modify— 

14 (1) the William Wilberforce Trafficking Victims 

15 Protection Reauthorization Act of 2008 (8 U.S.C. 

16 1232 et seq.); 

17 (2) the Stipulated Settlement Agreement filed 

18 in the United States District Court for the Central 

19 District of California on January 17, 1997 (CV 85– 

20 4544–RJK) (commonly known as the ‘‘Flores Settle21 ment Agreement’’); 

22 (3) the Homeland Security Act of 2002 (6 

23 U.S.C. 101 et seq.); or 


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1 (4) any applicable Federal child welfare law, in2 cluding the Adoption and Safe Families Act of 1997 

3 (Public Law 105–89). 

4 (b) STATE LAW.—Nothing in this Act may be con5 strued to supersede or modify any applicable State child 

6 welfare laws. 

Æ 


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