II 

116TH CONGRESS 

1ST SESSION S. 1243 

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

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

IN THE SENATE OF THE UNITED STATES 

APRIL 30, 2019 

Mr. BOOKER introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To provide standards for facilities at which aliens in the 

custody of the Department of Homeland Security are 

detained, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Dignity for Detained 

5 Immigrants Act of 2019’’. 

6 SEC. 2. STANDARDS FOR DHS DETENTION FACILITIES. 

7 Not later than one year after the date of the enact8 ment of this Act, the Secretary of Homeland Security 

9 shall, by rulemaking, establish detention standards for 

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1 ment of Homeland Security are detained. Such standards 

2 shall provide, at a minimum, the level of protections for 

3 detainees described in the American Bar Association’s 

4 Civil Immigration Detention Standards (adopted in Au5 gust 2012, and as amended in August 2014). On a bien6 nial basis, the Secretary shall review and update such 

7 standards, as appropriate. 

8 SEC. 3. OVERSIGHT AND TRANSPARENCY FOR DHS DETEN9 TION FACILITIES. 

10 (a) PERIODIC INSPECTIONS.— 

11 (1) IN GENERAL.—On a periodic basis, and not 

12 less than annually, the Inspector General of the De13 partment of Homeland Security shall conduct an un14 announced inspection of each facility at which aliens 

15 in the custody of the Department of Homeland Se16 curity are detained in order to ensure that each such 

17 facility is in compliance with the standards under 

18 section 2. Not later than 60 days after conducting 

19 an inspection under this subsection, the Inspector 

20 General shall make a report of such inspection pub21 licly available on the website of the Department of 

22 Homeland Security, and submit such report to the 

23 Secretary of Homeland Security. 

24 (2) FAILURE TO COMPLY WITH STANDARDS.— 


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1 (A) INITIAL FAILURE.—In the case that 

2 the Inspector General determines that a facility 

3 has failed to comply with the standards under 

4 section 2 for the first time during any 2-year 

5 period, and that such noncompliance constitutes 

6 a deficiency that threatens the health, safety, or 

7 the due process rights of detainees, the Inspec8 tor General shall notify the Secretary of Home9 land Security of such finding, and the Secretary 

10 shall— 

11 (i) in the case of a facility that is not 

12 owned by the Department of Homeland 

13 Security, impose a meaningful fine of not 

14 less than 10 percent of the value of the 

15 contract with the facility; and 

16 (ii) in the case of a facility that is 

17 owned by the Department of Homeland 

18 Security— 

19 (I) issue a written warning to the 

20 facility not later than 30 days after 

21 receiving such notification from the 

22 Inspector General, which shall include 

23 remedial measures to be carried out 

24 not later than 60 days after the 

25 issuance of the warning; and 


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1 (II) not later than 60 days after 

2 the issuance of the warning described 

3 in subclause (I), certify to the Inspec4 tor General that the remedial meas5 ures have been carried out. 

6 (B) SUBSEQUENT FAILURES.—In the case 

7 that the Inspector General determines that a 

8 facility has failed to comply with the standards 

9 under section 2 in two investigations under 

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

11 that such noncompliance constitutes a defi12 ciency that threatens the health, safety, or the 

13 constitutional rights of detainees, the Inspector 

14 General shall notify the Secretary of Homeland 

15 Security of such finding, and the Secretary 

16 shall— 

17 (i) in the case of a facility that is not 

18 owned by the Department of Homeland 

19 Security, not later than 30 days after re20 ceiving such notification, transfer each de21 tainee to a facility that does so comply, 

22 and terminate the contract with the owner 

23 of the facility; and 

24 (ii) in the case of a facility that is 

25 owned by the Department of Homeland 


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1 Security, not later than 60 days after re2 ceiving such notification, transfer each de3 tainee to a facility that does so comply, 

4 and suspend the use of such facility until 

5 such time as the Inspector General cer6 tifies to the Secretary that the facility is in 

7 compliance with such standards, and 

8 makes publicly available on the website of 

9 the Department of Homeland Security in10 formation relating to the remedial meas11 ures taken. 

12 (b) NOTIFICATION OF DEATH IN CUSTODY.—Not 

13 later than 24 hours after the death of an alien in the cus14 tody of the Department of Homeland Security, the Sec15 retary of Homeland Security shall notify the Committees 

16 on the Judiciary of the House of Representatives and of 

17 the Senate, the Committee on Homeland Security of the 

18 House of Representatives, and the Committee on Home19 land Security and Governmental Affairs of the Senate of 

20 the death of such alien. 

21 (c) INVESTIGATIONS ON DEATH IN CUSTODY.—Not 

22 later than 30 days after the death of an alien in the cus23 tody of the Department of Homeland Security, the Sec24 retary of Homeland Security shall conduct an investiga25 tion into that death, which shall include a root cause analVerDate Sep 11 2014 00:08 May 03, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1243.IS S1243

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1 ysis that identifies any changes to policies, practices, 

2 training curricula, staffing, or potential system-wide er3 rors that could reduce the probability of such an event 

4 in the future. Not later than 60 days after such a death, 

5 the Secretary shall make a report describing the results 

6 of such investigation publicly available on the website of 

7 the Department of Homeland Security. The root cause 

8 analysis described in the previous sentence must include 

9 appropriately qualified personnel, which, at a minimum, 

10 will consist of a medical professional qualified in any field 

11 germane to the death, and shall be performed in accord12 ance with professional medical standards for investigating 

13 sentinel events in medical care facilities, including the 

14 Sentinel Event Policy promulgated by The Joint Commis15 sion. 

16 (d) DEFINITION.—The term ‘‘death of an alien in the 

17 custody of the Department of Homeland Security’’ means 

18 any death of an alien occurring while the alien is under 

19 the supervision of the Department of Homeland Security, 

20 regardless of the location of the death, if the death may 

21 have resulted from a health problem, which began, existed 

22 during, or was exacerbated during the detention of the 

23 alien. 

24 (e) REPORT TO CONGRESS.—On an annual basis, the 

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1 mittees on the Judiciary of the House of Representatives 

2 and of the Senate a report on the inspections and over3 sight of facilities at which aliens in the custody of the De4 partment of Homeland Security are detained. Such report 

5 shall include information relating to, for the preceding 

6 year— 

7 (1) each detention facility which the Inspector 

8 General found was not in compliance with the stand9 ards under section 2 pursuant to an investigation 

10 conducted under subsection (a)(1); 

11 (2) any remedial actions taken, or that the Sec12 retary plans to take, in order to comply with such 

13 standards; and 

14 (3) whether the remedial actions described in 

15 paragraph (2) were successful in bringing the facil16 ity into compliance with such standards. 

17 (f) CLASSIFICATION OF DOCUMENTS FOR PURPOSES

18 OF FOIA.—The reports under subsections (a) and (b), 

19 and any contract between the Department of Homeland 

20 Security and a private or public entity which provides for 

21 the use of a facility not owned by the Department of 

22 Homeland Security to detain aliens in the custody of the 

23 Department of Homeland Security, are considered records 

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


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1 and do not qualify for the exception under subsection 

2 (b)(4) of such section. 

3 (g) FACILITIES MATRIX.—On the first day of each 

4 month, the Secretary of Homeland Security shall ensure 

5 that there is publicly available on the website of the De6 partment of Homeland Security the following information 

7 relating to each facility at which aliens in the custody of 

8 the Department of Homeland Security may be detained: 

9 (1) The name and location of each facility. 

10 (2) Whether the facility houses adults, children, 

11 or both. 

12 (3) As of the first day of the month, the num13 ber of beds available in each facility, disaggregated 

14 by gender. 

15 (4) Whether the facility is used to detain aliens 

16 for longer than 72 hours, or for longer than 7 days. 

17 (5) The average number of aliens detained in 

18 the facility for the current year, and for the pre19 ceding month, disaggregated by gender and classi20 fication as a child or as an adult. 

21 (6) Whether the facility is in compliance with 

22 the standards under section 2. 

23 (7) In the case of a facility that is not owned 

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1 ture of the contract providing for the detention of 

2 aliens at that facility. 

3 (8) The average, median, 25th quartile, and 

4 50th quartile number of days that an alien has been 

5 detained at the facility during the preceding month. 

6 (h) ONLINE DETAINEE LOCATOR SYSTEM.—The 

7 Secretary of Homeland Security shall ensure that the on8 line detainee locator system maintained by the Depart9 ment of Homeland Security, or any successor system, is 

10 updated not later than 12 hours after an alien is taken 

11 into custody or released from custody by the Department 

12 of Homeland Security, transferred to, or detained in, a 

13 detention facility, or removed from the United States. 

14 (i) INFORMATION COLLECTED AND MAINTAINED FOR

15 ALIENS IN DHS CUSTODY.—The Secretary of Homeland 

16 Security shall collect and maintain, for each alien in the 

17 custody of the Department of Homeland Security, the fol18 lowing information: 

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

20 (2) The date on which the alien was detained. 

21 (3) The country of origin of the alien. 

22 (4) Whether the alien is considered a vulnerable 

23 person (as such term is defined in section 236(g) of 

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

25 1226(g)) or a primary caregiver. 


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1 (5) The provision of law under with the Sec2 retary is authorized to detain the alien. 

3 (6) The location where the alien is detained. 

4 (7) Any transfer of the alien to another deten5 tion facility, and the reason for such transfer. 

6 (8) The status and basis of any removal pro7 ceedings. 

8 (9) The initial custody determination made by 

9 Immigration and Customs Enforcement, and any re10 view of that determination. 

11 (10) If applicable, the date of the alien’s release 

12 or removal, and the reason for such release or re13 moval. 

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

15 order of removal. 

16 (12) Whether the alien was apprehended as 

17 part of a family unit. 

18 (13) Whether the alien was separated from a 

19 family unit. 

20 SEC. 4. CAUSE OF ACTION. 

21 (a) IN GENERAL.—An individual who is detained in 

22 a facility that is required to comply with the standards 

23 described in section 2, and who is injured as a result of 

24 a violation of such standards, may file a claim in the ap25 propriate district court of the United States. 


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1 (b) RECOVERY.—In a civil action under this section, 

2 the court may order injunctive relief and compensatory 

3 damages, and may award the prevailing party reasonable 

4 attorney fees, and costs. 

5 SEC. 5. DHS DETENTION FACILITY CONSTRUCTION AND 

6 MAINTENANCE. 

7 (a) RESTRICTION ON CONSTRUCTION OF DHS FA8 CILITIES.—Not later than 180 days before initiating, or 

9 entering into a contract for, the construction of a new fa10 cility or to expand an existing facility for the detention 

11 of aliens in the custody of the Department of Homeland 

12 Security, the Secretary of Homeland Security shall submit 

13 to the Committees on the Judiciary of the House of Rep14 resentatives and of the Senate, the Committee on Home15 land Security of the House of Representatives, and the 

16 Committee on Homeland Security and Governmental Af17 fairs of the Senate a notification of the plan to construct 

18 or expand such facility, including the location, size, and 

19 capacity of such facility, the anticipated timeline and cost 

20 of constructing or expanding such facility, and the in21 tended population to be detained at such facility, including 

22 the gender and ages of such population. The Secretary will 

23 make this information publicly available on the website of 

24 the Department of Homeland Security. 


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1 (b) PHASE-OUT OF PRIVATE DETENTION FACILITIES

2 AND USE OF JAILS.— 

3 (1) SECURE DETENTION FACILITIES.—Begin4 ning on the date of the enactment of this Act, the 

5 Secretary of Homeland Security may not enter into 

6 or extend any contract or agreement with any public 

7 or private entity which owns or operates a detention 

8 facility for use of that facility to detain aliens in the 

9 custody of the Department of Homeland Security, 

10 and shall terminate any such contract not later than 

11 the date that is 3 years after the date of the enact12 ment of this Act. Beginning on the date that is 3 

13 years after the date of the enactment of this Act, 

14 any facility at which aliens in the custody of the De15 partment of Homeland Security are detained shall 

16 be owned and operated by the Department of Home17 land Security. 

18 (2) NON-SECURE DETENTION PROGRAMS.—Be19 ginning on the date of the enactment of this Act, the 

20 Secretary of Homeland Security may not enter into 

21 or extend any contract with any public or private 

22 for-profit entity which owns or operates a program 

23 or facility that provides for non-residential deten24 tion-related activities for aliens who are subject to 

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1 rity, and shall terminate any such contract not later 

2 than the date that is 3 years after the date of the 

3 enactment of this Act. Beginning on the date that 

4 is 3 years after the date of the enactment of this 

5 Act, any such program or facility shall be owned and 

6 operated by a nonprofit organization or by the De7 partment of Homeland Security. 

8 (3) PUBLICATION OF PLAN.—Not later than 60 

9 days after the date of the enactment of this Act, the 

10 Secretary shall develop, and make publicly available, 

11 a plan and timeline for the implementation of this 

12 subsection. 

13 SEC. 6. APPEARANCE OF DETAINED ALIENS FOR OTHER 

14 LEGAL MATTERS. 

15 The Secretary of Homeland Security shall make rules 

16 to ensure that any alien who is detained in the custody 

17 of the Department of Homeland Security, who is required 

18 to appear in Federal or State court (including family 

19 court) for another matter, is transported by an officer or 

20 employee of the Department of Homeland Security to such 

21 court proceeding. 

22 SEC. 7. PROCEDURES FOR DETAINING ALIENS. 

23 (a) PROBABLE CAUSE AND CUSTODY DETERMINA24 TION HEARINGS.—Section 236 of the Immigration and 

25 Nationality Act (8 U.S.C. 1226) is amended— 


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1 (1) by amending subsection (a) to read as fol2 lows: 

3 ‘‘(a) ARREST, DETENTION, AND RELEASE.—On a 

4 warrant issued by an immigration judge, or pursuant to 

5 section 287(a)(2), the Secretary of Homeland Security 

6 may arrest an alien, and in accordance with this section, 

7 detain the alien or release the alien on bond, subject to 

8 conditions, or recognizance, pending a decision on whether 

9 the alien is to be removed from the United States.’’; 

10 (2) by striking subsections (b), (c), (d), and (e); 

11 (3) by adding at the end the following: 

12 ‘‘(b) BOND DETERMINATION.—In the case that an 

13 immigration judge makes a determination to release an 

14 alien on bond under this section, the immigration judge 

15 shall consider, for purposes of setting the amount of the 

16 bond, the alien’s financial position and ability to pay the 

17 bond without imposing financial hardship on the alien, and 

18 set bond at no amount greater than necessary to ensure 

19 the alien’s appearance for removal proceedings. 

20 ‘‘(c) CUSTODY DETERMINATION.— 

21 ‘‘(1) INITIAL DETERMINATION.—Not later than 

22 48 hours after taking an alien into custody under 

23 the authority provided by this section or section 235 

24 of this Act, or those subject to a reinstated order of 

25 removal pursuant to section 241(a)(5) who have 


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1 been found to have a credible or reasonable fear of 

2 return, the Secretary of Homeland Security shall 

3 make an initial custody determination with regard to 

4 that alien, and provide that determination in writing 

5 to the alien. If the Secretary determines that the re6 lease of an alien will not reasonably ensure the ap7 pearance of the alien as required or will endanger 

8 the safety of any other person or the community, the 

9 custody determination under this paragraph will im10 pose the least restrictive conditions, as described in 

11 paragraph (4). 

12 ‘‘(2) TIMING.—If an alien seeks to challenge 

13 the initial custody determination under paragraph 

14 (1), the alien shall be provided with the opportunity 

15 for a hearing before an immigration judge to deter16 mine whether the alien should be detained, which 

17 hearing shall occur not later than 72 hours after the 

18 initial custody determination. 

19 ‘‘(3) PRESUMPTION OF RELEASE.—In a hearing 

20 under this subsection, there shall be a presumption 

21 that the alien should be released. The Secretary of 

22 Homeland Security shall have the duty of rebutting 

23 this presumption, which may only be shown based on 

24 clear and convincing evidence, including credible and 

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1 natives to detention will not reasonably ensure the 

2 appearance of the alien at removal proceedings, or 

3 that the alien is a threat to another person or the 

4 community. The fact that an alien has a criminal 

5 charge pending against the alien may not be the sole 

6 factor to justify the continued detention of the alien. 

7 ‘‘(4) LEAST RESTRICTIVE CONDITIONS RE8 QUIRED.—If an immigration judge determines pur9 suant to a hearing under this section that the re10 lease of an alien will not reasonably ensure the ap11 pearance of the alien as required or will endanger 

12 the safety of any other person or the community, the 

13 immigration judge shall order the least restrictive 

14 conditions, or combination of conditions, that the 

15 judge determines will reasonably ensure the appear16 ance of the alien as required and the safety of any 

17 other person and the community, which may include 

18 release on recognizance, secured or unsecured re19 lease on bond, or participation in a program de20 scribed in subsection (f). Any conditions assigned to 

21 an alien pursuant to this paragraph shall be re22 viewed by the immigration judge on a monthly basis. 

23 ‘‘(5) SPECIAL RULE FOR VULNERABLE PER24 SONS AND PRIMARY CAREGIVERS.—In the case that 

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1 tion under this subsection is a vulnerable person or 

2 a primary caregiver, the alien may not be detained 

3 unless the Secretary of Homeland Security dem4 onstrates, in addition to the requirements under 

5 paragraph (3), that it is unreasonable or not prac6 ticable to place the individual in a community-based 

7 supervision program. 

8 ‘‘(6) DEFINITIONS.—In this subsection: 

9 ‘‘(A) MATERIAL WITNESS.—The term ‘ma10 terial witness’ means an individual who presents 

11 a declaration to an attorney investigating, pros12 ecuting, or defending the workplace claim or 

13 from the presiding officer overseeing the work14 place claim attesting that, to the best of the de15 clarant’s knowledge and belief, reasonable cause 

16 exists to believe that the testimony of the indi17 vidual will be relevant to the outcome of the 

18 workplace claim. 

19 ‘‘(B) PRIMARY CAREGIVER.—The term 

20 ‘primary caregiver’ means a person who is es21 tablished to be a caregiver, parent, or close rel22 ative caring for or traveling with a child. 

23 ‘‘(C) VULNERABLE PERSON.—The term 

24 ‘vulnerable person’ means an individual who— 


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1 ‘‘(i) is under 21 years of age or over 

2 60 years of age; 

3 ‘‘(ii) is pregnant; 

4 ‘‘(iii) identifies as lesbian, gay, bisex5 ual, transgender, or intersex; 

6 ‘‘(iv) is a victim or witness of a crime; 

7 ‘‘(v) has filed a nonfrivolous civil 

8 rights claim in Federal or State court; 

9 ‘‘(vi) has filed, or is a material wit10 ness to, a bonafide workplace claim; 

11 ‘‘(vii) has a serious mental or physical 

12 illness or disability; 

13 ‘‘(viii) has been determined by an asy14 lum officer in an interview conducted 

15 under section 235(b)(1)(B) to have a cred16 ible fear of persecution or torture; 

17 ‘‘(ix) has limited English language 

18 proficiency and is not provided access to 

19 appropriate and meaningful language serv20 ices in a timely fashion; or 

21 ‘‘(x) has been determined by an immi22 gration judge or the Secretary of Home23 land Security to be experiencing severe 

24 trauma or to be a survivor of torture or 

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1 tion obtained during intake, from the 

2 alien’s attorney or legal service provider, or 

3 through credible self-reporting. 

4 ‘‘(D) WORKPLACE CLAIM.—The term 

5 ‘workplace claim’ means any written or oral 

6 claim, charge, complaint, or grievance filed 

7 with, communicated to, or submitted to the em8 ployer, a Federal, State, or local agency or 

9 court, or an employee representative related to 

10 the violation of applicable Federal, State, and 

11 local labor laws, including laws concerning 

12 wages and hours, labor relations, family and 

13 medical leave, occupational health and safety, 

14 civil rights, or nondiscrimination. 

15 ‘‘(7) SUBSEQUENT DETERMINATIONS.—An 

16 alien who is detained under this section shall be pro17 vided with a de novo custody determination hearing 

18 under this subsection every 60 days, as well as upon 

19 showing of a change in circumstances or good cause 

20 for such a hearing. 

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

22 FROM REMOVAL.—In the case of an alien with respect to 

23 whom an immigration judge has entered an order pro24 viding for relief from removal, including an order granting 

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1 tion of removal, which order is pending appeal, the Sec2 retary of Homeland Security shall immediately release the 

3 alien upon entry of the order, and may impose only rea4 sonable conditions on the alien’s release from custody. 

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

6 Notwithstanding any other provision of this Act, the Sec7 retary of Homeland Security is prohibited from detaining 

8 anyone under the age of 18 in a facility operated or con9 tracted by U.S. Immigration and Customs Enforcement. 

10 ‘‘(f) ALTERNATIVES TO DETENTION.— 

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

12 Security shall establish programs that provide alter13 natives to detaining aliens, which shall offer a con14 tinuum of supervision mechanisms and options, in15 cluding community-based supervision programs and 

16 community support. The Secretary may contract 

17 with nongovernmental community-based organiza18 tions to provide programs, which may include case 

19 management services, appearance assistance serv20 ices, and screenings of aliens who have been de21 tained. 

22 ‘‘(2) INDIVIDUALIZED DETERMINATION RE23 QUIRED.—In determining whether to order an alien 

24 to participate in a program under this subsection, 

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1 priate shall make an individualized determination to 

2 determine the appropriate level of supervision for the 

3 alien. Participation in a program under this sub4 section may not be ordered for an alien for whom it 

5 is determined that release on reasonable bond or re6 cognizance will reasonably ensure the appearance of 

7 the alien as required and the safety of any other 

8 person and the community. 

9 ‘‘(3) PROHIBITION ON FEES FOR MONITORING

10 DEVICES.—In a case in which an alien is required to 

11 wear an ankle monitor or other homing device as an 

12 alternative to detention, the alien may not be 

13 charged any fee associated with such monitor or de14 vice that exceeds the cost of maintaining and oper15 ating such monitor or device.’’; and 

16 (4) by striking ‘‘Attorney General’’ each place 

17 such term appears and inserting ‘‘Secretary of 

18 Homeland Security’’. 

19 (b) PROBABLE CAUSE HEARING.—Section 287(a)(2) 

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

21 1357(a)(2)) is amended by striking ‘‘but the alien arrested 

22 shall be taken without unnecessary delay for examination 

23 before an officer of the Service having authority to exam24 ine aliens as to their right to enter or remain in the United 

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1 vided with a hearing before an immigration judge not later 

2 than 48 hours after being taken into custody to determine 

3 whether there is probable cause to believe that the alien 

4 does not have the right to enter or remain in the United 

5 States, which burden to establish probable cause shall be 

6 on the Secretary of Homeland Security’’. 

7 (c) MANDATORY DETENTION REPEALED.— 

8 (1) IN GENERAL.—The Immigration and Na9 tionality Act (8 U.S.C. 1101 et seq.) is amended— 

10 (A) in section 235(b)— 

11 (i) in paragraph (1)(B)— 

12 (I) in clause (ii), by striking ‘‘de13 tained’’ and inserting ‘‘referred’’; and 

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

15 subclause (IV); and 

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

17 ‘‘detained’’ and inserting ‘‘referred’’; 

18 (B) by striking section 236A; 

19 (C) in section 238(a)(2), by striking ‘‘pur20 suant to section 236(c),’’; and 

21 (D) in section 506(a)(2)— 

22 (i) by amending the heading to read 

23 as follows: ‘‘RELEASE HEARING FOR

24 ALIENS DETAINED’’; and 

25 (ii) in subparagraph (A)— 


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1 (I) in the matter preceding clause 

2 (i), by striking ‘‘lawfully admitted for 

3 permanent residence’’; 

4 (II) by striking clause (i); and 

5 (III) by redesignating clauses (ii) 

6 and (iii) as clauses (i) and (ii), respec7 tively. 

8 (2) CONFORMING AMENDMENTS.—Section 

9 241(c)(3)(A)(ii) of the Immigration and Nationality 

10 Act (8 U.S.C. 1231(c)(3)(A)(ii)) is amended— 

11 (A) in subclause (I), by striking the 

12 comma at the end and inserting ‘‘; or’’; 

13 (B) in subclause (II), by striking ‘‘, or’’ 

14 and inserting a period; and 

15 (C) by striking subclause (III). 

16 (d) ALIENS ORDERED REMOVED.— 

17 (1) IN GENERAL.—Section 241(a) of the Immi18 gration and Nationality Act (8 U.S.C. 1231(a)) is 

19 amended— 

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

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

22 days’’; 

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

24 follows: 


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24 

•S 1243 IS

1 ‘‘(2) INITIAL CUSTODY REDETERMINATION

2 HEARING.— 

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

4 hours after the entry of a final administrative 

5 order of removal, the alien ordered removed 

6 shall be provided with a custody redetermina7 tion hearing before an immigration judge. 

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

9 purposes of the hearing under subparagraph 

10 (A), the alien shall be detained during the re11 moval period unless the alien can show by clear 

12 and convincing evidence that the alien’s removal 

13 is not reasonably foreseeable or that the alien 

14 does not pose a risk to the safety of any indi15 vidual or to the community.’’; 

16 (C) in paragraph (3)— 

17 (i) in the heading, by striking ‘‘90- 

18 DAY’’ and inserting ‘‘60-DAY’’; and 

19 (ii) in the matter preceding subpara20 graph (A), by striking ‘‘the alien, pending 

21 removal, shall be subject to supervision 

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

23 as provided in paragraph (6), any alien 

24 who has been detained during the removal 

25 period shall be released from custody, 


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25 

•S 1243 IS

1 pending removal, subject to individualized 

2 supervision requirements in accordance 

3 with’’; 

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

5 follows: 

6 ‘‘(6) SUBSEQUENT CUSTODY REDETERMINA7 TION HEARINGS.— 

8 ‘‘(A) IN GENERAL.—The Secretary of 

9 Homeland Security may request a subsequent 

10 redetermination hearing before an immigration 

11 judge seeking continued detention for an alien 

12 ordered to be detained pursuant to paragraph 

13 (2) who has not been removed within the re14 moval period. 

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

16 detained after the removal period upon a show17 ing by the Secretary of Homeland Security 

18 that— 

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

20 foreseeable; or 

21 ‘‘(ii) the alien poses a risk to the safe22 ty of an individual or the community, 

23 which may only be established based on 

24 credible and individualized information and 

25 may not be established based only the fact 


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26 

•S 1243 IS

1 that the alien has been charged with or is 

2 suspected of a crime. 

3 ‘‘(C) PERIOD OF DETENTION.—An alien 

4 may not be detained pursuant to an order 

5 under this paragraph for longer than a 60-day 

6 period. The Secretary of Homeland Security 

7 may seek subsequent redetermination hearings 

8 under this paragraph in order to continue de9 taining an alien beyond each such 60-day pe10 riod.’’; and 

11 (E) by striking paragraph (7). 

12 (2) TECHNICAL AND CONFORMING AMEND13 MENTS.—The Immigration and Nationality Act (8 

14 U.S.C. 1101 et seq.) is amended— 

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

16 (i) in subsection (a)(1), in the first 

17 sentence— 

18 (I) by striking ‘‘section 

19 241(a)(2)(A)(iii)’’ and inserting ‘‘sec20 tion 237(a)(2)(A)(iii)’’; 

21 (II) by striking ‘‘section 

22 241(a)(2)(A)(ii)’’ and inserting ‘‘sec23 tion 237(a)(2)(A)(ii)’’; and 


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•S 1243 IS

1 (III) by striking ‘‘section 

2 241(a)(2)(A)(i)’’ and inserting 

3 ‘‘237(a)(2)(A)(i)’’; and 

4 (ii) in the second subsection (c)— 

5 (I) in paragraph (2)(B), by strik6 ing ‘‘section 241(a)(2)(A)’’ and insert7 ing ‘‘section 237(a)(2)(A)’’; and 

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

9 ‘‘section 241(a)’’ and inserting ‘‘sec10 tion 237(a)’’; 

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

12 1326(b)(4)), by striking ‘‘section 241(a)(4)(B)’’ 

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

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

15 by striking ‘‘section 241(a)(4)(B)’’ and insert16 ing ‘‘section 237(a)(4)(B)’’. 

17 SEC. 8. SENSE OF CONGRESS. 

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

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

20 on children and should be avoided. 

Æ 


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