I 

115TH CONGRESS 

2D SESSION H. R. 5820 

To prohibit the expansion of immigration detention facilities, to improve 

the oversight of such facilities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2018 

Ms. JAYAPAL 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 prohibit the expansion of immigration detention facilities, 

to improve the oversight of such facilities, 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 TITLES. 

4 This Act may be cited as the ‘‘Detention Oversight, 

5 Not Expansion Act’’ or the ‘‘DONE Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


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1 (1) Despite a significant decrease in border ap2 prehensions, the Federal immigrant detention sys3 tem expanded dramatically between 1994 and 2018, 

4 with the average daily population of detained non5 citizens increasing from fewer than 7,000 during fis6 cal year 1994 to 39,322 during fiscal year 2018. 

7 This population consisted of increasing numbers of 

8 children and women, including pregnant women. 

9 (2) U.S. Immigration and Customs Enforce10 ment (referred to in this section as ‘‘ICE’’) inspec11 tions of detention facilities are performed by field of12 fices, facility staff, or divisions within ICE head13 quarters and are not conducted by independent third 

14 parties. Since the inspectors are not independent, 

15 they often misrepresent conditions inside the facili16 ties and rarely impose consequences for violations. 

17 For example, an outside review of 8 facilities con18 cluded that although ICE identified violations of 

19 medical standards as contributing factors to deaths 

20 in detention, routine ICE detention facility inspec21 tions before and even after the deaths failed to ac22 knowledge (and even dismissed) those violations. 

23 (3) Multiple Federal oversight bodies, including 

24 the Department of Homeland Security’s Office of 

25 Inspector General, ICE’s Advisory Committee on 


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1 Family Residential Centers, and the Government Ac2 countability Office, have documented poor conditions 

3 and inhumane detainee treatment, including medical 

4 negligence, in immigration detention facilities. 

5 (4) Since 2003, more than 170 deaths have 

6 been reported in immigration detention facilities, a 

7 significant number of which resulted from egregious 

8 violations of ICE medical care standards, which were 

9 often overlooked during ICE inspections of facilities. 

10 (5) The Department of Homeland Security Of11 fice for Civil Rights and Civil Liberties and the Of12 fice of Inspector General have received formal com13 plaints and numerous allegations of inadequate med14 ical care for pregnant women who are in custody in 

15 such facilities. 

16 (6) Responses by the Department of Homeland 

17 Security to Freedom of Information Act requests 

18 suggest that fewer than 3 percent of the claims of 

19 sexual and physical abuse of detainees in such facili20 ties have been investigated by the Office of Inspector 

21 General. 

22 (7) Multiple Federal oversight bodies, including 

23 the Homeland Security Advisory Council, have docu24 mented limited oversight and management account25 ability of immigration detention facilities, including 


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1 a lack of reasonable inspections and deficient con2 tracting practices. 

3 (8) Legal service providers allege that some im4 migration detention facilities have unreasonably re5 stricted legal visitation and access in violation of ap6 plicable requirements, raising serious due process 

7 concerns. 

8 (9) The Department of Homeland Security 

9 seeks to vastly expand the immigration detention 

10 system despite the availability of a wide array of 

11 community-based alternatives to detention that pro12 vide a cheaper, more compassionate, rights respect13 ing response to migration. 

14 (10) In June 2017, the Department of Home15 land Security terminated the Family Case Manage16 ment Program, an alternative to detention that— 

17 (A) had proved far less expensive than de18 tention; and 

19 (B) resulted in close to a 100 percent com20 pliance rate by participants. 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

23 (1) APPROPRIATE CONGRESSIONAL COMMIT24 TEES.—The term ‘‘appropriate congressional com25 mittees’’ means— 


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1 (A) the Committee on Appropriations of 

2 the Senate; 

3 (B) the Committee on Homeland Security 

4 and Governmental Affairs of the Senate; 

5 (C) the Committee on the Judiciary of the 

6 Senate; 

7 (D) the Committee on Appropriations of 

8 the House of Representatives; 

9 (E) the Committee on Homeland Security 

10 of the House of Representatives; and 

11 (F) the Committee on the Judiciary of the 

12 House of Representatives. 

13 (2) EXPANSION.—The term ‘‘expansion’’— 

14 (A) means the acquisition of any new con15 tract, contract addendum, modification, or rider 

16 that would increase current immigration deten17 tion bed usage or activate existing unused im18 migration detention bed capacity for existing or 

19 new contracts at any immigration detention fa20 cility, including— 

21 (i) Bureau of Prison facilities; 

22 (ii) contract detention facilities; 

23 (iii) intergovernmental service agree24 ments; 

25 (iv) service processing centers; 


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1 (v) United States Marshals Service 

2 intergovernmental agreements on which 

3 U.S. Immigration and Customs Enforce4 ment is an authorized user; and 

5 (vi) juvenile or family detention facili6 ties; and 

7 (B) does not include improvements or ren8 ovations unrelated to the increase of current 

9 immigration bed usage or activation of unused 

10 immigration bed capacity. 

11 (3) IMMIGRATION DETENTION FACILITY.—The 

12 term ‘‘immigration detention facility’’ means any 

13 site at which U.S. Customs and Border Protection 

14 or U.S. Immigration and Customs Enforcement 

15 holds noncitizens in custody for any period. 

16 SEC. 4. MORATORIUM ON EXPANSION OF IMMIGRATION DE17 TENTION FACILITIES. 

18 (a) IN GENERAL.—The Secretary of Homeland Secu19 rity may not use any Federal funds for the construction 

20 or expansion of immigration detention facilities. 

21 (b) REPORTING.—Not later than 1 year after the 

22 date of the enactment of this Act, the Secretary of Home23 land Security shall submit a report to Congress that con24 tains a detailed plan on— 


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1 (1) how the number of immigration detention 

2 beds will be decreased to 50 percent of the number 

3 available as of the date of the enactment of this Act; 

4 and 

5 (2) how to implement community-based alter6 natives to detention, as a substitute for detention in 

7 a facility, which is developed in consultation with 

8 stakeholders, including nonprofit legal service pro9 viders, nonprofit shelter providers, and detention vis10 itation programs. 

11 (c) NOTIFICATION.— 

12 (1) IN GENERAL.—If the Secretary of Home13 land Security determines that more immigration de14 tention space will be needed, the Secretary, not later 

15 than 60 days before such need, shall submit a writ16 ten justification of such need to the Chair and 

17 Ranking Member of the appropriate congressional 

18 committees. 

19 (2) SAVINGS PROVISION.—Nothing in this sub20 section may be construed to authorize the use of 

21 Federal funds to expand immigration detention fa22 cilities without explicit statutory authorization after 

23 the date of the enactment of this Act. 

24 (d) ENDING A CONTRACT.—If a facility is deemed 

25 less than adequate in the 2 most recent inspections, auVerDate Sep 11 2014 01:07 May 31, 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5820.IH H5820

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1 dits, or investigations conducted by the Office of Inspector 

2 General of the Department of Homeland Security pursu3 ant to section 5(a)(1), the Department of Homeland Secu4 rity shall not continue to contract with such facility. 

5 SEC. 5. INCREASED OVERSIGHT OF IMMIGRATION DETEN6 TION FACILITIES. 

7 (a) INSPECTIONS; AUDITS; INVESTIGATIONS.—In ad8 dition to exercising its responsibilities and duties estab9 lished by the Inspector General Act of 1978 (5 U.S.C. 

10 App.), the Office of the Inspector General of the Depart11 ment of Homeland Security shall— 

12 (1) conduct— 

13 (A) unannounced annual inspections of im14 migration detention facilities; 

15 (B) audits of immigration detention facili16 ties to ensure compliance with the national 

17 standards established pursuant to the Violence 

18 Against Women Reauthorization Act of 2013 

19 (Public Law 113–4 and the Standards to Pre20 vent, Detect, and Respond to Sexual Abuse and 

21 Assault in Confinement Facilities (79 Fed. Reg. 

22 13099 et seq.; published by the Department of 

23 Homeland Security on March 7, 2014); and 


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1 (C) investigations focused on health, safe2 ty, and due process concerns at immigration de3 tention facilities, including— 

4 (i) deaths in custody; 

5 (ii) detainee access to medical and 

6 mental health care, including pregnant 

7 women and other vulnerable populations; 

8 (iii) sexual assault and harassment; 

9 and 

10 (iv) compliance with legal visitation 

11 and access requirements; 

12 (2) measure inspections, audits, and investiga13 tions conducted pursuant to paragraph (1) against 

14 the American Bar Association’s Civil Detention 

15 Standards, in addition to the U.S. Immigration and 

16 Customs Enforcement standards to which each facil17 ity is held; 

18 (3) deliver a conclusion on adequacy at the con19 clusion of each inspection, audit, and investigation 

20 conducted pursuant to paragraph (1); and 

21 (4) make publicly available the results of the in22 spections, audits, and investigations conducted pur23 suant to paragraph (1) without compromising the 

24 confidentiality of individuals who submitted com25 plaints. 


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1 (b) CIVIL RIGHTS AND CIVIL LIBERTIES.— 

2 (1) IN GENERAL.—The Office for Civil Rights 

3 and Civil Liberties of the Department of Homeland 

4 Security shall conduct investigations of civil rights 

5 and civil liberties complaints in immigration deten6 tion facilities in accordance with section 8I(f) of the 

7 Inspector General Act of 1978 (5 U.S.C. App.). 

8 (2) INFORMATION REQUESTS.—Each compo9 nent agency of the Department of Homeland Secu10 rity shall comply with all document and information 

11 requests from the Office for Civil Rights and Civil 

12 Liberties to facilitate investigations under this sec13 tion. 

14 (c) REPORTING REQUIREMENTS.— 

15 (1) OFFICE OF INSPECTOR GENERAL.—The In16 spector General of the Department of Homeland Se17 curity shall— 

18 (A) not later than 60 days after any in19 spection, audit, or investigation, submit a re20 port to the appropriate congressional commit21 tees that summarizes the results pursuant to 

22 subsection (a); and 

23 (B) release aggregate data on complaints 

24 lodged about or from an immigration detention 

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1 plaints, and investigation outcomes on its 

2 website on a quarterly basis, without compro3 mising confidentiality. 

4 (2) OFFICE OF CIVIL RIGHTS AND CIVIL LIB5 ERTIES.—The Officer for Civil Rights and Civil Lib6 erties shall— 

7 (A) not later than 60 days after the con8 clusion of any investigation under subsection 

9 (b), submit a report to Congress that summa10 rizes the results of the investigation; and 

11 (B) release aggregate data on complaints 

12 lodged about or from an immigration detention 

13 facility, actions taken in response to such com14 plaints, and investigation outcomes on its 

15 website on a quarterly basis, without compro16 mising confidentiality. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi18 tion to amount otherwise authorized to be appropriated 

19 for such purposes, there is authorized to be appropriated 

20 to the Department of Homeland Security, for each of the 

21 fiscal years 2019 through 2027— 

22 (1) $45,000,000 to conduct and report on the 

23 inspections, audits, and investigations required 

24 under subsection (a); and 


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1 (2) $10,000,000 to conduct and report on the 

2 investigations required under subsection (b). 

Æ 


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