I 
117TH CONGRESS 
1ST SESSION H. R. 3384 
To prohibit transfers of individuals between ICE facilities and Federal, State, 
and local facilities, to ensure physical distancing inside ICE facilities, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 20, 2021 
Mr. CROW (for himself, Ms. GARCIA of Texas, and Ms. ESCOBAR) introduced 
the following bill; which was referred to the Committee on the Judiciary 
A BILL 
To prohibit transfers of individuals between ICE facilities 
and Federal, State, and local facilities, to ensure physical 
distancing inside ICE facilities, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘End Transfers of De-
tained Immigrants Act’’. 
SEC. 2. LIMITATION ON TRANSFERS FROM ICE DETENTION 
FACILITIES. 
(a) TRANSFERS BETWEEN ICE FACILITIES.— 
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(1) IN GENERAL.—Except as provided in sub-
section (c), no person in the custody of U.S. Immi-
gration and Customs Enforcement (referred to in 
this Act as ‘‘ICE’’) may be transferred between ICE 
facilities during the period beginning on the date of 
the enactment of this Act and ending on the date on 
which the public health emergency declared by the 
Department of Health and Human Services on Jan-
uary 27, 2020, has concluded. 
(2) DETERMINATION OF CONCLUSION OF PUB-
LIC HEALTH EMERGENCY.—For purposes of para-
graph (1), the public health emergency referred to in 
such paragraph shall be deemed to conclude when 
the daily transmission rate of the novel coronavirus 
(2019–nCoV) that causes COVID–19 has been suffi-
ciently contained so that the daily transmission rate 
of the virus in the United States is at or below 1 
per 1,500,000 individuals during a 2-week period. 
(3) TRANSFERS
DESCRIBED.—The restriction 
under subsection (a)(1) shall apply to any transfer 
between any 2 ICE facilities utilized for the purpose 
of civil immigration detention, including— 
(A) service processing centers; 
(B) contract detention facilities; 
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(C) facilities operating under intergovern-
mental service agreements (whether dedicated 
or nondedicated with ICE); 
(D) juvenile facilities; and 
(E) family residential centers. 
(b) TRANSFERS BETWEEN FEDERAL, STATE, OR 
LOCAL FACILITIES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2) or subsection (c), an ICE officer may not 
apprehend or transfer any individual to or from any 
ICE detention facility and— 
(A) a Federal prison, including any facility 
operated by the Bureau of Prisons or the 
United States Marshals Service and any other 
facility used for the detention of Federal pris-
oners; 
(B) a detention facility operated by a State 
or local law enforcement agency; 
(C) a shelter or facility, whether perma-
nent or temporary in nature, housing unaccom-
panied minors in the custody of the Office of 
Refugee Resettlement; or 
(D) a State or local prison or jail. 
(2) REQUIREMENTS.—Notwithstanding para-
graph (1), a medical professional may authorize the 
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transfer of an individual between an ICE detention 
facility and a State or local prison or jail for medical 
purposes or at the request of the individual if the 
medical professional— 
(A) administers a COVID–19 test; and 
(B) quarantines the individual in a non-
punitive medical unit immediately before or 
after conducting the transfer— 
(i) for a period of 14 consecutive 
days; or 
(ii) until the test comes back negative. 
(3) DEFINED
TERM.—As used in paragraph 
(2)(B), the term ‘‘nonpunitive medical unit’’ ex-
cludes any punitive holding area, including isolation, 
solitary confinement, and administrative segregation. 
(c) RELEASE
OF DETAINEES.—Nothing in sub-
sections (a) and (b) may be construed to prohibit— 
(1) the transfer of any individual solely for the 
purpose of necessary processing related to the indi-
vidual’s release from custody; or 
(2) the transfer of a minor from the custody of 
ICE to the custody of the Office of Refugee Reset-
tlement. 
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SEC. 3. PHYSICAL DISTANCING INSIDE ICE FACILITIES. 
(a) IN GENERAL.—If, at any time, the Department 
of Homeland Security Office of the Inspector General, the 
Director of the Centers for Disease Control and Preven-
tion, State or local public health officials, court-appointed 
investigators, or the Director of ICE determine that ICE 
cannot ensure adherence to guidelines issued by the Cen-
ters for Disease Control and Prevention to mitigate 
against the spread of COVID–19 at any ICE facility, in-
cluding maintaining physical distance between individuals 
in custody at all times, due to population levels or facility 
structures that necessitates housing and sleeping large 
groups of people in a single room, the Director shall— 
(1) immediately conduct a custody review of all 
the individuals detained at such facility; and 
(2) release all individuals who are determined 
eligible for release, with priority given to individuals 
who are most medically vulnerable to the effects of 
COVID–19. 
(b) EFFECT OF FAILURE TO MAINTAIN PHYSICAL 
DISTANCING.—If the Director of ICE is unable to ensure 
physical distancing between all individuals in ICE custody 
at all times by the end of the 30-day period beginning 
on the date of the enactment of this Act, the Director 
shall— 
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(1) immediately initiate a custody review of all 
the individuals detained by ICE; and 
(2) not later than 45 days after the date of the 
enactment of this Act, release sufficient numbers of 
detainees to ensure adherence to the guidelines 
issued by the Centers for Disease Control and Pre-
vention regarding physical distancing to mitigate the 
spread of COVID–19. 
Æ 
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