As of August 2016, nearly three-quarters of the av-
erage daily population in immigration detention were 
held in facilities operated by private prison compa-
nies. 
(7) Numerous Federal oversight bodies, includ-
ing the Government Accountability Office and the 
DHS Office of the Inspector General, have docu-
mented a disregard for congressional oversight and 
substandard conditions and inhumane treatment of 
those in ICE detention, which contravene ICE’s own 
standards and Federal and international legal pro-
tections. In addition, other credible reports indicate 
violations of due process, and noncompliance with 
international and domestic legal protections. ICE de-
tention facilities fail to meet ICE’s own standards 
and have no meaningful oversight. 
(8) The Department of Homeland Security’s 
Office of Inspector General issued a December 2017 
report cataloguing violations of compliance with ICE 
detention standards regarding conditions for detain-
ees ‘‘that undermine the protection of detainees’ 
rights, their humane treatment, and the provision of 
a safe and healthy environment.’’ 
(9) A June 2018 report by the DHS OIG titled, 
‘‘ICE’s Inspections and Monitoring of Detention Fa-
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cilities Do Not Lead to Sustained Compliance or 
Systemic Improvements’’ found that ‘‘neither the in-
spections nor the onsite monitoring ensure con-
sistent compliance with detention standards, nor do 
they promote comprehensive deficiency corrections’’ 
and that ‘‘ICE does not adequately follow up on 
identified deficiencies or consistently hold facilities 
accountable for correcting them, which further di-
minishes the usefulness of inspections’’. 
(10) According to an independent analysis by 
medical experts, more than half of the ‘‘detainee 
death reviews’’ published by ICE from December 
2015 to April 2017 show that inadequate medical 
care contributed or led to the person’s death in ICE 
detention. 
(11) Sexual and physical abuse is rampant in 
ICE custody. Independent analysis of 1,224 com-
plaints of sexual and physical abuse in ICE custody 
filed between 2010 and September 2017 found that 
over half reported an officer or private detention 
contractor as the perpetrator of alleged abuses and 
that the Office of Inspector General investigated 
only 30 of these complaints. Data on sexual assault 
in ICE detention found that LGBT people were 97 
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times more likely to be sexually victimized than the 
general population. 
(12) ICE has taken measures to destroy 
records of immigrant abuse in its custody. In July 
2017, ICE requested that the National Archives and 
Records Administration approve its timetable for de-
stroying records related to sexual assaults, solitary 
confinement and deaths of people in its custody. 
(13) ICE subjects asylum seekers to cruel and 
inhumane conditions. In a November 2014 report, 
the United Nations Committee Against Torture ex-
pressed concern over United States practices of 
‘‘mandatory detention to automatically hold asylum 
seekers and other immigrants on arrival in prison- 
like detention facilities’’, and reports of ‘‘sub-
standard conditions of detention in immigration fa-
cilities and use of solitary confinement’’, as well as 
‘‘sexual violence by staff and other detainees’’. 
(14) ICE has not adopted recommendations 
made by its Advisory Committee on Family Residen-
tial Centers, which suggested in a 2016 report that 
‘‘immigration enforcement practices should opera-
tionalize the presumption that detention is generally 
neither appropriate nor necessary for families—and 
that detention or the separation of families for pur-
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poses of immigration enforcement or management 
are never in the best interest of children’’, further 
recommending that ‘‘the general use of family deten-
tion’’ be discontinued. 
(15) ICE’s actions to force State and local law 
enforcement to comply with immigration detainer re-
quests to hold people in custody without a warrant 
violate the Fourth Amendment, and immigration en-
forcement actions at sensitive locations, including 
courthouses, hospitals, churches and schools have 
undermined public trust in the agency. 
(16) A troubling pattern of ICE pursuing immi-
grant rights advocates working within their First 
Amendment rights suggests the improper targeting 
of political opponents and threatens bedrock free 
speech and due process rights. 
(17) The Government Accountability Office 
(GAO) has found ‘‘a number of inconsistencies and 
errors in ICE’s calculations for its congressional 
budget justifications . . . . While ICE officials stat-
ed their budget documents undergo multiple reviews 
to ensure accuracy, ICE was not able to provide doc-
umentation of such reviews.’’ The GAO concluded, 
‘‘ICE is not positioned to ensure the credibility of its 
budget requests’’. 
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(18) Any essential functions carried out by ICE 
that do not violate fundamental due process and 
human rights can be executed with greater trans-
parency, public accountability, and adherence to do-
mestic and international law by other Federal agen-
cies. 
SEC. 3. ESTABLISHMENT OF COMMISSION TO ADMINISTER 
TRANSITION OF FUNCTIONS. 
(a) ESTABLISHMENT.—Within 30 days of the enact-
ment of this Act, Congress shall establish and convene the 
Commission to Study and Establish a Fair and Humane 
System of Immigration and Customs Enforcement (here-
inafter in this Act referred to as the ‘‘Commission’’). 
(b) DUTIES.—The Commission shall perform the fol-
lowing duties: 
(1) Identify all essential functions of ICE that 
uphold the Constitution and maintain high human 
rights standards pursuant to the Protocol Relating 
to the Status of Refugees of 1967 and the Inter-
national Covenant on Civil and Political Rights and 
identify the appropriate Federal agencies that shall 
be tasked with executing activities such as combat-
ting financial crimes, cybercrimes, trade fraud, 
human trafficking and drug smuggling, as well as a 
plan to transition any such duties. 
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(2) Determine the most effective means of en-
suring that all immigration enforcement functions 
transferred to other Federal agencies maintain strict 
compliance to the Constitution, Federal laws, the 
Protocol Relating to the Status of Refugees of 1967 
and the International Covenant on Civil and Polit-
ical Rights, including article 7’s prohibition of tor-
ture and cruel, inhuman or degrading treatment or 
punishment. 
(3) Prior to presenting any recommendation for 
an existing Federal agency to adopt an immigration- 
enforcement function deemed essential pursuant to 
paragraph (1), the Commission shall evaluate and 
approve the agency’s suitability for that function 
based on such agency’s track record of transparency 
and compliance with its own directives and policies, 
as well as Federal laws, statutes, and treaty obliga-
tions outlined in paragraph (2); 
(4) Identify appropriate means of ensuring that 
total Federal employment is not reduced with the 
abolition of ICE, prioritizing the hiring of personnel 
to address the legal, health, and social-service needs 
of detained individuals, those seeking asylum, and 
those determined to be most vulnerable within the 
Federal immigration system. 
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(5) Provide recommendations for ensuring that 
all immigration enforcement carried out by Federal 
agencies administer asylum requests in a prompt 
and timely manner, and in full compliance with all 
relevant Federal statutes and international laws, 
such as the Protocol Relating to the Status of Refu-
gees of 1967 and the Convention Against Torture. 
(6) The Commission will work with the Depart-
ment of Homeland Security’s Office of Inspector 
General to document failures to comply with con-
gressional oversight requirements, violations of con-
stitutional protections and Federal laws, failures to 
comply with agency policies and directives, violations 
of human rights, and any other longstanding pat-
terns of medical neglect, solitary confinement, 
wrongful death, and other abuses for which ICE is 
wholly or partially responsible, and recommend ap-
propriate ways to prevent future violations and edu-
cate the American public of the Commission’s find-
ings. 
(c) REPORT TO CONGRESS.—The Commission shall 
submit a written report of its findings and recommenda-
tions to the Congress no later than 180 days after the 
date of the first meeting of the Commission held. 
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(d) CONGRESSIONAL CONSIDERATION OF COMMIS-
SION’S REPORT.—The Congress shall consider the Com-
mission’s findings and recommendations in legislating the 
transfer of essential immigration-enforcement functions to 
existing Federal agencies prior to the termination of ICE. 
SEC. 4. MEMBERSHIP. 
(a) NUMBER AND APPOINTMENT.—The Commission 
shall be composed of 17 members, who shall be appointed 
and convene within 30 days after the date of enactment 
of this Act, as follows: 
(1) Two members shall be appointed by the 
Speaker of the House of Representatives. 
(2) Two members shall be appointed by the 
House Minority Leader. 
(3) Two members shall be appointed by the 
Senate Majority Leader. 
(4) Two members shall be appointed by the 
Senate Minority Leader. 
(5) Nine members shall be selected from the 
major civil society and immigrants’ rights organiza-
tions and individuals directly impacted by ICE prac-
tices. 
(b) QUALIFICATIONS.—All members of the Commis-
sion shall be persons who are especially qualified to serve 
on the Commission by virtue of their education, training, 
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activism or experience, particularly in the field of human 
rights, international law, and constitutional protections. 
SEC. 5. TERMINATION OF THE U.S. IMMIGRATION AND CUS-
TOMS ENFORCEMENT. 
On the date no later than 1 year after the enactment 
of this Act, the U.S. Immigration and Customs Enforce-
ment shall terminate. 
Æ 
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