a National Land Border Ports of Entry Security Plan to 
Congress. 
(b) VULNERABILITY ASSESSMENT.— 
(1) IN GENERAL.—The plan required in sub-
section (a) shall include a vulnerability assessment 
of each port of entry located on the northern border 
or the southern border. 
(2) PORT SECURITY COORDINATORS.—The Sec-
retary may establish 1 or more port security coordi-
nators at each port of entry located on the northern 
border or the southern border— 
(A) to assist in conducting a vulnerability 
assessment at such port; and 
(B) to provide other assistance with the 
preparation of the plan required in subsection 
(a). 
SEC. 142. PORTS OF ENTRY TECHNOLOGY DEMONSTRATION 
PROGRAM. 
(a) DEMONSTRATION
PROGRAM.—The Secretary 
shall carry out a technology demonstration program to— 
(1) test and evaluate new port of entry tech-
nologies; 
(2) refine port of entry technologies and oper-
ational concepts; and 
(3) train personnel under realistic conditions. 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
(b) TECHNOLOGY AND FACILITIES.— 
(1) TECHNOLOGY TESTING.—Under the tech-
nology demonstration program, the Secretary shall 
test technologies that enhance port of entry oper-
ations, including operations related to— 
(A) inspections; 
(B) communications; 
(C) port tracking; 
(D) identification of persons and cargo; 
(E) sensory devices; 
(F) personal detection; 
(G) decision support; and 
(H) the detection and identification of 
weapons, including weapons of mass destruc-
tion. 
(2) DEVELOPMENT OF FACILITIES.—At a dem-
onstration site selected pursuant to subsection 
(c)(2), the Secretary shall develop facilities to pro-
vide appropriate training to law enforcement per-
sonnel who have responsibility for border security, 
including— 
(A) cross-training among agencies; 
(B) advanced law enforcement training; 
and 
(C) equipment orientation. 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
100 
(c) DEMONSTRATION SITES.— 
(1) NUMBER.—The Secretary shall carry out 
the demonstration program at not less than three 
sites and not more than five sites. 
(2) SELECTION CRITERIA.—To ensure that at 
least 1 of the facilities selected as a port of entry 
demonstration site for the demonstration program 
has the most up-to-date design, contains sufficient 
space to conduct the demonstration program, has a 
traffic volume low enough to easily incorporate new 
technologies without interrupting normal processing 
activity, and is able to efficiently carry out dem-
onstration and port of entry operations, at least 1 
port of entry selected as a demonstration site shall— 
(A) have been established not more than 
15 years before the date of enactment of this 
Act; 
(B) consist of not less than 65 acres, with 
the possibility of expansion to not less than 25 
adjacent acres; and 
(C) have serviced an average of not more 
than 50,000 vehicles per month during the one- 
year period ending on the date of enactment of 
this Act. 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
101 
(d) RELATIONSHIP WITH OTHER AGENCIES.—The 
Secretary shall permit personnel from an appropriate Fed-
eral or State agency to utilize a demonstration site de-
scribed in subsection (c) to test technologies that enhance 
port of entry operations, including technologies described 
in subparagraphs (A) through (H) of subsection (b)(1). 
(e) REPORT.— 
(1) REQUIREMENT.—Not later than one year 
after the date of enactment of this Act, and annually 
thereafter, the Secretary shall submit to Congress a 
report on the activities carried out at each dem-
onstration site under the technology demonstration 
program established under this section. 
(2) CONTENT.—The report submitted under 
paragraph (1) shall include an assessment by the 
Secretary of the feasibility of incorporating any dem-
onstrated technology for use throughout United 
States Customs and Border Protection. 
SEC. 143. REPORTS ON IMPROVING THE EXCHANGE OF IN-
FORMATION ON NORTH AMERICAN SECU-
RITY. 
(a) REQUIREMENT FOR REPORTS.—Not later than 
one year after the date of enactment of this Act, and an-
nually thereafter, the Secretary of State, in coordination 
with the Secretary and the heads of other appropriate 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
102 
Federal agencies, shall submit to Congress a report on the 
status of improvements to information exchange related 
to the security of North America. 
(b) CONTENTS.—Each report submitted under sub-
section (a) shall contain a description of the following: 
(1) SECURITY CLEARANCES AND DOCUMENT IN-
TEGRITY.—The status of the development of com-
mon enrollment, security, technical, and biometric 
standards for the issuance, authentication, valida-
tion, and repudiation of secure documents, includ-
ing— 
(A) technical and biometric standards 
based on best practices and consistent with 
international standards for the issuance, au-
thentication, validation, and repudiation of trav-
el documents, including— 
(i) passports; 
(ii) visas; and 
(iii) permanent resident cards; 
(B) working with Canada and Mexico to 
encourage foreign governments to enact laws to 
combat alien smuggling and trafficking, and 
laws to forbid the use and manufacture of 
fraudulent travel documents; and 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
103 
(C) applying the necessary pressures and 
support to ensure that other countries meet 
proper travel document standards and are com-
mitted to travel document verification before 
the citizens of such countries travel internation-
ally, including travel by such citizens to the 
United States. 
(2) IMMIGRATION
AND
VISA
MANAGEMENT.— 
The progress of efforts to share information regard-
ing high-risk individuals who may attempt to enter 
Canada, Mexico, or the United States, including the 
progress made— 
(A) in implementing the Statement of Mu-
tual Understanding on Information Sharing, 
signed by Canada and the United States in 
February 2003; and 
(B) in identifying trends related to immi-
gration fraud, including asylum and document 
fraud, and to analyze such trends. 
(3) VISA POLICY COORDINATION AND IMMIGRA-
TION
SECURITY.—The progress made by Canada, 
Mexico, and the United States to enhance the secu-
rity of North America by cooperating on visa policy 
and identifying best practices regarding immigration 
security, including the progress made— 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
104 
(A) in enhancing consultation among offi-
cials who issue visas at the consulates or em-
bassies of Canada, Mexico, or the United States 
throughout the world to share information, 
trends, and best practices on visa flows; 
(B) in comparing the procedures and poli-
cies of Canada and the United States related to 
visitor visa processing, including— 
(i) application process; 
(ii) interview policy; 
(iii) general screening procedures; 
(iv) visa validity; 
(v) quality control measures; and 
(vi) access to appeal or review; 
(C) in exploring methods for Canada, Mex-
ico, and the United States to waive visa re-
quirements for nationals and citizens of the 
same foreign countries; 
(D) in developing and implementing an im-
migration security strategy for North America 
that works toward the development of a com-
mon security perimeter by enhancing technical 
assistance for programs and systems to support 
advance automated reporting and risk targeting 
of international passengers; 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
105 
(E) in sharing information on lost and sto-
len passports on a real-time basis among immi-
gration or law enforcement officials of Canada, 
Mexico, and the United States; and 
(F) in collecting 10 fingerprints from each 
individual who applies for a visa. 
(4) NORTH AMERICAN VISITOR OVERSTAY PRO-
GRAM.—The progress made by Canada and the 
United States in implementing parallel entry-exit 
tracking systems that, while respecting the privacy 
laws of both countries, share information regarding 
third country nationals who have overstayed their 
period of authorized admission in either Canada or 
the United States. 
(5) TERRORIST WATCH LISTS.—The status of 
the capacity of the United States to combat ter-
rorism through the coordination of counterterrorism 
efforts, including any progress made— 
(A) in developing and implementing bilat-
eral agreements between Canada and the 
United States and between Mexico and the 
United States to govern the sharing of terrorist 
watch list data and to comprehensively enu-
merate the uses of such data by the govern-
ments of each country; 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
106 
(B) in establishing appropriate linkages 
among Canada, Mexico, and the United States 
Terrorist Screening Center; 
(C) in exploring with foreign governments 
the establishment of a multilateral watch list 
mechanism that would facilitate direct coordina-
tion between the country that identifies an indi-
vidual as an individual included on a watch list, 
and the country that owns such list, including 
procedures that satisfy the security concerns 
and are consistent with the privacy and other 
laws of each participating country; and 
(D) in establishing transparent standards 
and processes that enable innocent individuals 
to remove their names from a watch list. 
(6) MONEY
LAUNDERING, CURRENCY
SMUG-
GLING, AND ALIEN SMUGGLING.—The progress made 
in improving information sharing and law enforce-
ment cooperation in combating organized crime, in-
cluding the progress made— 
(A) in combating currency smuggling, 
money laundering, alien smuggling, and traf-
ficking in alcohol, firearms, and explosives; 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
107 
(B) in determining the feasibility of formu-
lating a firearms trafficking action plan be-
tween Mexico and the United States; 
(C) in developing a joint threat assessment 
on organized crime between Canada and the 
United States; 
(D) in determining the feasibility of formu-
lating a joint threat assessment on organized 
crime between Mexico and the United States; 
(E) in developing mechanisms to exchange 
information on findings, seizures, and capture 
of individuals transporting undeclared currency; 
and 
(F) in developing and implementing a plan 
to combat the transnational threat of illegal 
drug trafficking. 
(7) LAW
ENFORCEMENT
COOPERATION.—The 
progress made in enhancing law enforcement co-
operation among Canada, Mexico, and the United 
States through enhanced technical assistance for the 
development and maintenance of a national database 
built upon identified best practices to identify sus-
pected criminals or terrorists, including exploring 
the formation of law enforcement teams that include 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
108 
personnel from the United States and Mexico, and 
appropriate procedures for such teams. 
SEC. 144. SOUTHERN BORDER SECURITY TASK FORCE. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Homeland Security shall establish a Southern Border Se-
curity Task Force (in this Act referred to as the ‘‘Task 
Force’’) to coordinate the efforts of Federal, State, and 
local border and law enforcement officials and task forces 
to protect United States border cities and communities 
from 
violence 
associated 
with 
drug 
trafficking, 
gunrunning, illegal alien smuggling, violence, and kidnap-
ping along and across the international border between the 
United States and Mexico. 
(b) COMPOSITION AND DEPLOYMENT.— 
(1) COMPOSITION.—The Task Force shall be 
comprised of personnel from— 
(A) United States Customs and Border 
Protection; 
(B) United States Immigration and Cus-
toms Enforcement; 
(C) the Coast Guard; 
(D) other Federal agencies, as appropriate; 
(E) southern border State law enforcement 
agencies; and 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
109 
(F) local law enforcement agencies from 
affected southern border cities and commu-
nities. 
(2) DEPLOYMENT.—The Secretary of Home-
land Security shall deploy the Task Force along the 
international border between the United States and 
Mexico in cities and communities most affected by 
violence, as determined by the Secretary. 
(c) DIRECTOR.—The Secretary of Homeland Security 
shall appoint as a Director of the Task Force an individual 
who is experienced and knowledgeable in law enforcement 
generally and border security issues specifically. 
(d) REPORT.—Not later than 180 days after the date 
of the establishment of the Task Force under subsection 
(a) and annually thereafter, the Secretary of Homeland 
Security shall submit to the Committee on Homeland Se-
curity of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate a report on the effectiveness of the Task Force 
in reducing the drug trafficking, gunrunning, illegal alien 
smuggling, violence, and kidnapping along and across the 
international border between the United States and Mex-
ico as measured by crime statistics, including violent 
deaths, incidents of violence, and drug related arrests. 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
110 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Home-
land Security $10,000,000 for each of fiscal years 2010 
through 2014— 
(1) to establish and operate the Task Force, in-
cluding to provide for operational, administrative, 
and technological costs to Federal, State, and local 
law enforcement agencies participating in the Task 
Force; and 
(2) to investigate, apprehend, and prosecute in-
dividuals engaged in drug trafficking, gunrunning, 
illegal alien smuggling, violence, and kidnapping 
along and across the international border between 
the United States and Mexico. 
SEC. 145. COOPERATION WITH THE GOVERNMENT OF MEX-
ICO. 
(a) COOPERATION
REGARDING
BORDER
SECU-
RITY.—The Secretary of State, in cooperation with the 
Secretary and representatives of Federal, State, and local 
law enforcement agencies that are involved in border secu-
rity and immigration enforcement efforts, shall work with 
the appropriate officials from the Government of Mexico 
to improve coordination between the United States and 
Mexico regarding— 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
111 
(1) improved border security along the inter-
national border between the United States and Mex-
ico; 
(2) the reduction of human trafficking and 
smuggling between the United States and Mexico; 
(3) the reduction of drug trafficking and smug-
gling between the United States and Mexico; 
(4) the reduction of gang membership in the 
United States and Mexico; 
(5) the reduction of violence against women in 
the United States and Mexico; and 
(6) the reduction of other violence and criminal 
activity. 
(b) COOPERATION REGARDING EDUCATION ON IMMI-
GRATION LAWS.—The Secretary of State, in cooperation 
with other appropriate Federal officials, shall work with 
the appropriate officials from the Government of Mexico 
to carry out activities to educate citizens and nationals 
of Mexico regarding eligibility for status as a non-
immigrant under Federal law to ensure that the citizens 
and nationals are not exploited while working in the 
United States. 
(c) COOPERATION REGARDING CIRCULAR MIGRA-
TION.—The Secretary of State, in cooperation with the 
Secretary of Labor and other appropriate Federal offi-
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
112 
cials, shall work with the appropriate officials from the 
Government of Mexico to improve coordination between 
the United States and Mexico to encourage circular migra-
tion, including assisting in the development of economic 
opportunities and providing job training for citizens and 
nationals in Mexico. 
(d) CONSULTATION REQUIREMENT.—Federal, State, 
and local representatives in the United States shall work 
to cooperate with their counterparts in Mexico concerning 
border security structures along the international border 
between the United States and Mexico, as authorized by 
this title, in order to— 
(1) solicit the views of affected communities; 
(2) lessen tensions; and 
(3) foster greater understanding and stronger 
cooperation on this and other important security 
issues of mutual concern. 
(e) ANNUAL REPORT.—Not later than 180 days after 
the date of enactment of this Act, and annually thereafter, 
the Secretary of State shall submit to Congress a report 
on the actions taken by the United States and Mexico 
under this section. 
SEC. 146. ENHANCED INTERNATIONAL COOPERATION. 
(a) IN GENERAL.—The Attorney General, in coopera-
tion with the Secretary of State, shall— 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
113 
(1) assign agents of the Bureau of Alcohol, To-
bacco, Firearms, and Explosives to the United 
States mission in Mexico, to work with Mexican law 
enforcement agencies in conducting investigations 
relating to firearms trafficking and other criminal 
enterprises; 
(2) provide the equipment and technological re-
sources necessary to support investigations and to 
trace firearms recovered in Mexico; and 
(3) support the training of Mexican law en-
forcement officers in serial number restoration tech-
niques, canine explosive detection, and anti-traf-
ficking tactics. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $9,500,000 for each of fis-
cal years 2011 and 2012 to carry out this section. 
SEC. 147. EXPANSION OF COMMERCE SECURITY PRO-
GRAMS. 
(a) CUSTOMS-TRADE PARTNERSHIP AGAINST TER-
RORISM.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Commis-
sioner, in consultation with the Secretary, shall de-
velop a plan to expand the programs of the Cus-
toms–Trade Partnership Against Terrorism estab-
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
114 
lished pursuant to section 211 of the SAFE Port 
Act (6 U.S.C. 961), including adding additional per-
sonnel for such programs, along the northern border 
and southern border, including the following pro-
grams: 
(A) The Business Anti-Smuggling Coali-
tion. 
(B) The Carrier Initiative Program. 
(C) The Americas Counter Smuggling Ini-
tiative. 
(D) The Container Security Initiative es-
tablished pursuant to section 205 of the SAFE 
Port Act (6 U.S.C. 945). 
(E) The Free and Secure Trade Initiative. 
(F) Other industry partnership programs 
administered by the Commissioner. 
(2) SOUTHERN BORDER DEMONSTRATION PRO-
GRAM.—Not later than 180 days after the date of 
enactment of this Act, the Commissioner shall imple-
ment, on a demonstration basis, at least 1 Customs– 
Trade Partnership Against Terrorism program, 
which has been successfully implemented along the 
northern border, along the southern border. 
(b) DEMONSTRATION PROGRAM.—Not later than 180 
days after the date of enactment of this Act, the Commis-
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
115 
sioner shall establish a demonstration program to develop 
a cooperative trade security system to improve supply 
chain security. 
SEC. 148. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—In addition to any funds other-
wise available, there are authorized to be appropriated 
such sums as may be necessary for the fiscal years 2011 
through 2015 to carry out this subtitle. 
(b) INTERNATIONAL AGREEMENTS.—Amounts ap-
propriated pursuant to the authorization of appropriations 
in subsection (a) may be used for the implementation of 
projects described in the Declaration on Embracing Tech-
nology and Cooperation to Promote the Secure and Effi-
cient Flow of People and Commerce across our Shared 
Border between the United States and Mexico, agreed to 
March 22, 2002, Monterrey, Mexico or the Smart Border 
Declaration between the United States and Canada, 
agreed to December 12, 2001, Ottawa, Canada that are 
consistent with the provisions of this subtitle. 
Subtitle B—Detention 
SEC. 151. DEFINITIONS. 
In this subtitle: 
(1) DETENTION.—The term ‘‘detention’’, in the 
context of an immigration-related enforcement activ-
ity, means government custody or any other depriva-
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
116 
tion of an individual’s freedom of movement by gov-
ernment agents. 
(2) DETENTION FACILITY.—The term ‘‘deten-
tion facility’’ means any Federal, State, local govern-
ment facility, or privately owned and operated facil-
ity that is used to hold immigration detainees for 
more than 72 hours. 
(3) SHORT-TERM DETENTION FACILITY.—The 
term ‘‘short-term detention facility’’ means any Fed-
eral, State, local government facility, or privately 
owned and operated facility that is used to hold im-
migration detainees for 72 hours or less. 
(4) IMMIGRATION-RELATED ENFORCEMENT AC-
TIVITY.—The term ‘‘immigration-related enforce-
ment activity’’ means any government action in 
which— 
(A) an individual suspected of an immigra-
tion violation is detained for such violation; or 
(B) an individual who has been detained 
by government agents is questioned about pos-
sible immigration violations. 
(5) SECURE
ALTERNATIVES
PROGRAMS.—The 
term ‘‘secure alternatives’’ means custodial or non- 
custodial programs under which aliens are screened 
and provided with appearance assistance services or 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
117 
placed in supervision programs as needed to ensure 
they appear at all immigration interviews, appoint-
ments and hearings. 
(6) UNACCOMPANIED
ALIEN
CHILDREN.—The 
term ‘‘unaccompanied alien child or children’’ shall 
be defined as found in section 462(g) of the Home-
land Security Act of 2002 (6 U.S.C. 279(g)) 
(7) APPREHENSION.—The term ‘‘apprehen-
sion’’, in the context of an immigration enforcement 
related activity, means government detention, arrest, 
or custody, or any significant deprivation of an indi-
viduals freedom of action by government officials or 
entities acting under agreement with the Depart-
ment of Homeland Security for suspicion of viola-
tions under the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.). 
(8) SSA.—The term ‘‘SSA’’ means the appro-
priate State or local service agency, including rel-
evant nongovernmental organizations, child welfare 
agencies, child protective service agencies, school and 
head start administrators, mental health and legal 
service providers, and hospitals. 
SEC. 152. DETENTION CONDITIONS. 
(a) IN GENERAL.—The Secretary shall— 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
118 
(1) ensure that all detainees are treated hu-
manely and granted the protections described in this 
section; and 
(2) comply with the minimum requirements set 
forth in this section. 
(b) QUALITY OF MEDICAL CARE.— 
(1) RIGHT TO MEDICAL CARE.—Each detainee 
has the right to— 
(A) prompt and adequate medical care, de-
signed to ensure continuity of care, at no cost 
to the detainee; 
(B) care to address medical needs that ex-
isted prior to detention; and 
(C) primary care, emergency care, chronic 
care, prenatal care, dental care, eye care, men-
tal health care, and other medically necessary 
specialized care. 
(2) SCREENINGS
AND
EXAMINATIONS.—Each 
detainee shall receive— 
(A) a comprehensive medical, dental, and 
mental 
health 
intake 
screening, 
including 
screening for sexual abuse or assault by a li-
censed health care professional upon arrival at 
a detention facility or short-term detention fa-
cility; and 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
119 
(B) a comprehensive medical and mental 
health examination by a licensed health care 
professional not later than 14 days after the de-
tainee’s arrival at a detention facility. 
(3) MEDICATIONS AND TREATMENT.— 
(A) PRESCRIPTIONS.—Each detainee tak-
ing prescribed medications prior to detention 
shall be allowed to continue taking such medica-
tions, on schedule and without interruption, 
until and unless a licensed health care profes-
sional examines the immigration detainee and 
decides upon an alternative course of treatment. 
Detainees who arrive at a detention facility 
without prescription medications and report 
being on such medications shall be evaluated by 
a qualified health care professional not later 
than 24 hours after arrival. All decisions to dis-
continue or modify a detainee’s reported pre-
scription medication regimen shall be conveyed 
to the detainee in a language that the detainee 
understands and shall be recorded in writing in 
the detainee’s medical records. 
(B) PSYCHOTROPIC
MEDICATION.—Medi-
cation may not be forcibly administered to a de-
tainee to facilitate transport, removal, or other-
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
120 
wise to control the detainee’s behavior. Involun-
tary psychotropic medication may only be used, 
to the extent authorized by applicable law, in 
emergency situations after a physician has per-
sonally examined the detainee and determined 
that— 
(i) the detainee is imminently dan-
gerous to self or others due to a mental ill-
ness; and 
(ii) involuntary psychotropic medica-
tion is medically appropriate to treat the 
mental illness and necessary to prevent 
harm. 
(C) TREATMENT.—Each detainee shall be 
provided medically necessary treatment, includ-
ing prenatal care, prenatal vitamins, hormonal 
therapies, and birth control. Female detainees 
shall be provided with adequate access to sani-
tary products. 
(4) MEDICAL CARE DECISIONS.—Any decision 
regarding requested medical care for a detainee— 
(A) shall be made in writing by an on-site 
licensed health care professional not later than 
72 hours after such medical care is requested; 
and 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
121 
(B) shall be immediately communicated to 
the detainee. 
(5) ADMINISTRATIVE APPEALS PROCESS.— 
(A) IN GENERAL.—Detention facilities, in 
conjunction with the Department of Homeland 
Security, shall ensure that detainees, medical 
providers, and legally appointed advocates have 
the opportunity to appeal a denial of requested 
health care services by an on-site provider to an 
independent appeals board. 
(B) APPEALS BOARD.—The appeals board 
shall include health care professionals in the 
fields relevant to the request for medical or 
mental health care. 
(C) DECISION.—Not later than 7 days 
after an appeal is received by the appeals board 
under this paragraph, or earlier if medically 
necessary, the appeals board shall issue a writ-
ten decision regarding the appeal and notify the 
detention facility and the appellee of such deci-
sion. 
(6) REVIEW
OF
ON-SITE
MEDICAL
PROVIDER 
REQUESTS.— 
(A) IN GENERAL.—The Secretary shall re-
spond within 72 hours to any request by an on- 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
122 
site medical provider for authorization to pro-
vide medical or mental health care to a de-
tainee. 
(B) WRITTEN EXPLANATION.—If the Sec-
retary denies or fails to grant a request de-
scribed in subparagraph (A), the Secretary shall 
immediately provide a written explanation of 
the reasons for such decision to the on-site 
medical provider and the detainee. 
(C) APPEALS BOARD.—The on-site medical 
provider and the detainee (or the detainee’s le-
gally appointed advocate) shall be permitted to 
appeal the denial of, or failure to grant, a re-
quest described in subparagraph (A) to an inde-
pendent appeals board. 
(D) DECISION.—Not later than 7 days 
after an appeal is received by the appeals board 
under this paragraph, or earlier if medically 
necessary, the appeals board shall issue a writ-
ten decision regarding the appeal and notify the 
on-site medical provider, the detainee, and the 
detention facility of such decision. 
(7) CONDITIONAL RELEASE.— 
(A) IN
GENERAL.—If a licensed health 
care professional determines that a detainee has 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
123 
a medical or mental health care condition, is 
pregnant, or is a nursing mother, the Secretary 
shall consider releasing the detainee on parole, 
on bond, or into a secure alternatives program. 
(B) REEVALUATION.—If a detainee de-
scribed in subparagraph (A) is not initially re-
leased under this paragraph, the Secretary shall 
periodically reevaluate the situation of the de-
tainee to determine if such a release would be 
appropriate. 
(C) DISCHARGE
PLANNING.—Upon re-
moval or release, all detainees with medical or 
mental health conditions and women who are 
pregnant, post-natal, and nursing mothers shall 
receive discharge planning to ensure continuity 
of care for a reasonable period of time. 
(8) MEDICAL RECORDS.— 
(A) IN
GENERAL.—The Secretary shall 
maintain complete, confidential medical records 
for every detainee and make such records avail-
able to a detainee or to individuals authorized 
by the detainee not later than 72 hours after 
receiving a request for such records. 
(B) TRANSFER OF MEDICAL RECORDS.— 
Immediately upon a detainee’s transfer between 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
124 
detention facilities, the detainee’s complete 
medical records, including any transfer sum-
mary, shall be provided to the receiving deten-
tion facility. 
(c) ACCESS TO TELEPHONES.—Detention facilities 
shall provide to detainees reasonable and equitable access 
to working telephones, and the ability to contact, through 
confidential toll-free numbers, legal representatives, family 
courts, child protective services, foreign consulates, the im-
migration courts, Federal and state courts in which the 
detainee is, or may become, involved in a legal proceeding, 
the Board of Immigration Appeals, nongovernmental orga-
nizations designated by the Secretary, all government im-
migration agencies and adjudicatory bodies including the 
Office of the Inspector General of the Department of 
Homeland Security and the Office for Civil Rights and 
Civil Liberties of the Department of Homeland Security, 
in addition to persons and offices contacted for the pur-
pose of obtaining legal representation. Detention facilities 
shall provide to detainees access to telephones during facil-
ity working hours and on an emergency basis in accord-
ance with the following: 
(1) The detention facility shall provide to each 
detainee a copy of its rules governing telephone ac-
cess and shall post those rules, together with an ex-
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
125 
planation of how to make calls, within sight of each 
telephone available to detainees. These rules shall be 
translated into Spanish and two additional lan-
guages spoken by a substantial part of the detainee 
population of the detention facility. If a detention fa-
cility has determined that more than 5 percent of its 
population is of a certain language group, the docu-
ment should be translated into that language 
group’s appropriate language. The detention facility 
shall also provide oral interpretation and written 
translation assistance to detainees in reading any 
relevant materials required to request telephone ac-
cess, including oral interpretation assistance for 
those who are not literate in English, Spanish, and 
other languages spoken by the detainee population 
of the facility. 
(2) The rates charged for telephone calls shall 
be reasonable and equitable and shall not signifi-
cantly impair detainees’ access to telephones. 
(3) The detention facility shall not restrict the 
number of calls detainees may place to their legal 
representatives or consular officials, or to any others 
for the purpose of obtaining legal representation, or 
limit the duration of those calls by rule or automatic 
cut-off, unless necessary for security reasons. The 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
126 
detention facility shall have a reasonable number of 
working phones available to detainees, and at a min-
imum one phone per each 25 users. 
(4) The detention facility shall ensure the pri-
vacy of telephone conversations between detainees 
and legal representatives or consular officials, and 
calls made for the purpose of obtaining legal rep-
resentation. Means to ensure privacy may include 
the use of privacy panels, the placement of phones 
in housing pods, and other appropriate measures. 
(5) Detainees’ telephone calls to a court, legal 
representative, or consular official, or for the pur-
pose of obtaining legal representation, shall not be 
monitored or recorded without a court order and 
without prior notification to the detainee. 
(6) The detention facility shall take and deliver 
telephone messages to detainees as promptly as pos-
sible, but no less often than twice a day. Detainees 
shall be permitted to make confidential telephone 
calls promptly within 8 hours of receipt of messages 
left by a court, legal representative, prospective legal 
representative, or consular official as soon as reason-
ably possible after the delivery of the message. 
(d) SEXUAL
ABUSE
REGULATIONS
CONCERNING 
CARE AND CUSTODY OF DETAINEES.— 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
127 
(1) IN
GENERAL.—Detention facilities shall 
take all necessary measures to prevent sexual abuse 
of detainees, including sexual assaults, and shall ob-
serve the minimum standards under the Prison Rape 
Elimination Act of 2003 (42 U.S.C. 15601 et seq.). 
(2) MEASURES WHERE ABUSE OCCURS.—Where 
sexual abuse occurs, detention facilities shall ensure 
that— 
(A) prompt and appropriate medical inter-
vention is taken to minimize medical and psy-
chological trauma; 
(B) a medical history is taken and a phys-
ical examination is conducted by qualified and 
culturally appropriate licensed medical profes-
sionals to determine the extent of physical in-
jury and whether referral to another medical fa-
cility is indicated; 
(C) prophylactic treatment and follow-up 
for sexually transmitted diseases are provided 
within the appropriate time frame; 
(D) the case is evaluated by a qualified 
and culturally appropriate mental health profes-
sional for crisis intervention counseling and 
long-term follow-up; 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
128 
(E) victims are separated from their abus-
ers and are considered for release on parole or 
for an alternative to detention program— 
(i) shall not result in the transfer of 
the victim away from counsel absent 
expectional circumstances; and 
(ii) shall never result in the placement 
of the victim in solitary confinement; and 
(F) any and all medical and mental health 
records arising out of a detainee’s allegation of 
sexual abuse shall be treated as confidential, as 
required by the Health Insurance Portability 
and Accountability Act of 1996. 
(3) REPORTING.—A detention facility shall not 
subject any person to punishment or any other form 
of retaliation for reporting incidents of sexual abuse. 
(4) INVESTIGATION.—In all cases of alleged 
sexual abuse, the detention facility shall conduct a 
thorough and timely investigation and shall provide 
to the Secretary of Homeland Security a report of 
the circumstances and the response of the detention 
facility. If the report is not completed within 30 
days after alleged sexual abuse comes to the atten-
tion of the detention facility, the detention facility 
shall submit to the Secretary of Homeland Security 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
129 
a description of the status of the investigation and 
an estimated date of completion 30 days after the 
alleged sexual abuse comes to the attention of the 
detention facility and every 30 days thereafter until 
the report is provided to the Secretary of Homeland 
Security. The report required by this subsection 
shall include at minimum a determination of wheth-
er the alleged sexual abuse occurred, an in-depth 
analysis of the relevant facts including the causes of 
any sexual abuse that may have occurred and wheth-
er and to what extent the alleged abuse indicates a 
failure of policy, a failure of training, a failure of 
oversight, or a failure of management, and a de-
scription of the actions that the facility will take to 
prevent the occurrence of similar incidents in the fu-
ture and a plan for monitoring the implementation 
of those actions. The detention facility shall provide 
to the Secretary of Homeland Security periodic re-
ports monitoring the implementation of the plan in 
accordance with the schedule set forth in such plan 
as approved by the Secretary of Homeland Security. 
(e) TRANSFER OF DETAINEES.— 
(1) PROCEDURES.—In adopting procedures gov-
erning the transfer of individuals detained under the 
Immigration and Nationality Act (8 U.S.C. 1226), 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
130 
the Secretary of Homeland Security shall prohibit 
transfer of a detainee if such transfer would— 
(A) negatively affect an existing attorney- 
client relationship; 
(B) negatively affect the detainee’s legal 
proceedings, including merits or calendar hear-
ings, or a pending application with United 
States Citizenship and Immigration Services or 
the Executive Office for Immigration Review, 
by— 
(i) limiting the detainee’s access to se-
curing legal representation; 
(ii) limiting the detainee’s ability to 
prepare a legal defense to removal; or 
(iii) removing the detainee from the 
legal venue of such proceeding; 
(C) negatively affect the detainee’s health 
and medical fitness; or 
(D) to the extent it does not conflict with 
clauses (i), (ii), and (iii)— 
(i) place the detainee in a location 
more distant from the detainee’s residence 
than the original detention location; or 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
131 
(ii) place the detainee in a location 
more distant from family members than 
the original detention location. 
(2) NOTICE.—Unless exigent circumstances dic-
tate an immediate transfer— 
(A) the Secretary of Homeland Security 
shall provide not less than 72 hours notice to 
any detainee prior to transferring the detainee 
to another detention facility; 
(B) detainees shall be afforded at least one 
toll-free call and the Secretary of Homeland Se-
curity shall notify the detainee’s legal represent-
ative or if unrepresented, an adult family mem-
ber or other person designated by the detainee, 
of the transfer and the detainee’s new location 
by telephone and in writing; 
(C) if removal proceedings are pending, the 
Secretary of Homeland Security shall also 
promptly notify the Immigration Court, Board 
of Immigration Appeals, or the Circuit Court of 
Appeals, as appropriate of the transfer and the 
detainee’s new address; and 
(D) the Secretary of Homeland Security 
shall not transfer any detainee who has already 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
132 
requested, and is awaiting, a bond hearing or a 
bond redetermination hearing. 
(3) EXCEPTION.—The Secretary may transfer a 
detainee who has an existing attorney-client relation-
ship to an alternate detention facility if such trans-
fer is necessitated by a highly unusual emergency, 
such as a natural disaster or comparable emergency. 
(4) PROTECTING DETAINEES LEGAL RIGHTS.— 
If the Secretary determines that a transfer is nec-
essary due to a highly unusual emergency, the Sec-
retary shall ensure that the detainee’s legal rights 
are not prejudiced and the existing attorney-client 
relationship is not impaired, including evaluating the 
location of the detention facility based on it prox-
imity to the detainee’s counsel or nongovernmental 
or pro bono organizations providing free or low cost 
immigration legal services. 
(5) RECORD.—In cases in which a detainee is 
transferred, the Secretary shall make a record of the 
reasons and circumstances necessitating such trans-
fer. 
SEC. 
153. 
SPECIFIC 
DETENTION 
REQUIREMENTS 
FOR 
SHORT-TERM DETENTION FACILITIES. 
(a) ACCESS TO BASIC NEEDS, PEOPLE, AND PROP-
ERTY.— 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
133 
(1) BASIC NEEDS.—All detainees in short-term 
detention facilities shall receive— 
(A) potable water; 
(B) food, if detained for more than 5 
hours; 
(C) basic toiletries, diapers, sanitary prod-
ucts, and blankets; 
(D) access to bathroom facilities; and 
(E) access to telephones. 
(2) PEOPLE.—The Secretary shall provide con-
sular officials with access to detainees held at any 
short-term detention facility. Detainees shall be af-
forded reasonable access to a licensed health care 
professional. The Secretary shall ensure that nursing 
mothers in such facilities have access to their chil-
dren. 
(3) PROPERTY.—Any property belonging to a 
detainee that was confiscated by an official of the 
Department of Homeland Security shall be returned 
to the detainee upon repatriation or transfer. 
(b) PROTECTIONS FOR CHILDREN.— 
(1) QUALIFIED
STAFF.—The Secretary shall 
ensure that adequately trained and qualified staff 
are stationed at each major port of entry at which, 
during the most recent 2 fiscal years, an average of 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
134 
not fewer than 50 unaccompanied alien children per 
year have been held by United States Customs and 
Border Protection, such staff shall include— 
(A) independent licensed social workers 
dedicated to ensuring the proper temporary 
care for the children while in the custody of 
United States Customs and Border Protection; 
and 
(B) agents charged primarily with the safe, 
swift, and humane transportation of such chil-
dren to the custody of the Office of Refugee Re-
settlement. 
(2) SPECIFIC RIGHTS.—The social workers de-
scribed in paragraph (1)(A) shall ensure that each 
unaccompanied alien child— 
(A) receives emergency medical care; 
(B) receives mental health care in case of 
trauma; 
(C) has access to psychosocial health serv-
ices; 
(D) is provided with— 
(i) a pillow, linens, and sufficient 
blankets to rest at a comfortable tempera-
ture; and 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
135 
(ii) a bed and mattress placed in an 
area specifically designated for residential 
use; 
(E) receives adequate nutrition; 
(F) enjoys a safe and sanitary living envi-
ronment; 
(G) receives educational materials; and 
(H) has access to at least 3 hours of in-
door and outdoor recreational programs and ac-
tivities per day. 
(c) CONFIDENTIALITY.— 
(1) IN GENERAL.—The Secretary of Health and 
Human Services shall maintain the privacy and con-
fidentiality of all information gathered in the course 
of providing care, custody, placement, and follow-up 
services to unaccompanied alien children and sepa-
rated children as defined in section 164(c), con-
sistent with the best interest of such children, by not 
disclosing such information to other government 
agencies or nonparental third parties, except as pro-
vided under paragraph (2). 
(2) LIMITED DISCLOSURE OF INFORMATION.— 
The Secretary may only disclose information regard-
ing an unaccompanied alien child if— 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
136 
(A) the child authorizes such disclosure 
and such is consistent with the child’s best in-
terest; or 
(B) the disclosure is to a duly recognized 
law enforcement entity and is necessary to pre-
vent imminent and serious harm to another in-
dividual. 
(3) WRITTEN RECORD.—All disclosures under 
paragraph (2) shall be duly recorded in writing and 
placed in the child’s file. 
SEC. 154. RULEMAKING AND ENFORCEMENT. 
(a) REGULATIONS.— 
(1) NOTICE OF PROPOSED RULEMAKING.—Not 
later than 60 days after the date of the enactment 
of this Act, the Secretary shall issue a notice of pro-
posed rulemaking regarding the implementation of 
this Act. 
(2) FINAL REGULATIONS.—Not later than 180 
days after the date of the enactment of this Act, the 
Secretary shall promulgate regulations, which shall 
be binding upon all detention facilities and short- 
term detention facilities, to ensure that the detention 
requirements under sections 142 and 143 are fully 
implemented and enforced and that all facilities 
comply with the regulations. 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
137 
(b) ENFORCEMENT.— 
(1) IN GENERAL.—The Secretary shall enforce 
all regulations and standards promulgated under 
subsection (a). Not later than 180 days after the 
date of the enactment of this Act, the Secretary 
shall issue guidance to detention facilities and short- 
term detention facilities to ensure compliance with 
all the detention requirements under sections 142 
and 143. 
(2) INVESTIGATION.— 
(A) GRIEVANCES.—Each detainee has the 
right to file grievances with the staff of deten-
tion facilities, short-term detention facilities, 
and the Department of Homeland Security, and 
shall be protected from retaliation for exercising 
such right. 
(B) REVIEW.—The Secretary shall— 
(i) review any grievance or other com-
plaint containing evidence that a detention 
facility or short-term detention facility has 
violated any requirement under this Act; 
(ii) issue a determination in writing to 
the complainant indicating the Secretary’s 
findings regarding the alleged violation not 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
138 
later than 30 days after receiving such 
complaint; 
(iii) remedy any violation not later 
than 30 days after issuing a determination 
under clause (ii); and 
(iv) promptly advise the complainant 
of the remedy referred to in clause (iii). 
(C) WRITTEN
RESPONSE.—If the Sec-
retary issues a written response under subpara-
graph (B)(ii) indicating that no violation has 
occurred, such response shall constitute final 
agency action for the purposes of section 702 of 
title 5, United States Code. 
(3) PENALTIES.—The Secretary shall enforce 
compliance with the detention requirements under 
sections 142 and 143 by— 
(A) imposing financial penalties upon de-
tention facilities and short-term detention facili-
ties that are not in compliance with such re-
quirements; and 
(B) terminating the contracts of such fa-
cilities if such noncompliance persists. 
(4) COMPLIANCE OFFICER.— 
(A) DESIGNATION.—Each detention facil-
ity and short-term detention facility shall des-
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
139 
ignate an officer to ensure compliance with the 
provisions of this Act. 
(B) DUTIES.—Each officer designated 
under subparagraph (A) shall— 
(i) investigate all evidence pertaining 
to a violation of this Act; and 
(ii) if a violation is identified, remedy 
the violation within 30 days. 
(C) JUDICIAL
REVIEW.—A detainee may 
not seek judicial review of the detention facili-
ty’s determination until after the passage of the 
30-day period, except where irreparable harm 
would result. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to preclude review of noncompliance 
with this Act under— 
(1) section 1331 or 2241 of title 28, United 
States Code; or 
(2) section 1979 of the Revised Statutes (42 
U.S.C. 1983). 
(d) PUNITIVE DAMAGES.—No individual may seek 
punitive damages for any violation under this Act. 
SEC. 155. IMMIGRATION DETENTION COMMISSION. 
(a) APPOINTMENT.—The Secretary shall appoint and 
convene an Immigration Detention Commission (referred 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
140 
to in this section as the ‘‘Commission’’), which shall be 
comprised of— 
(1) experts from United States Immigration 
and Customs Enforcement, United States Customs 
and Border Protection, the Office of Refugee Reset-
tlement, and the Division of Immigration Health 
Services of the Department of Health and Human 
Services; and 
(2) independent experts, in a number equal to 
the number of experts appointed under paragraph 
(1), from nongovernmental organizations and inter-
governmental organizations with expertise in work-
ing on behalf of detainees and other vulnerable pop-
ulations. 
(b) DUTIES.—The Commission shall conduct inde-
pendent investigations, and evaluate and report on the 
compliance of detention facilities, short-term detention fa-
cilities, and the Department of Homeland Security with 
the detention requirements under sections 142 and 143. 
(c) BIENNIAL REPORTS.—Not later than 60 days 
after the end of the first fiscal year beginning after the 
date of the enactment of this Act, and every 2 years there-
after, the Commission shall submit a report containing the 
findings of its investigations and evaluations under sub-
section (b) to— 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00140
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
141 
(1) the Committee on the Judiciary of the Sen-
ate; 
(2) the Committee on Homeland Security and 
Governmental Affairs of the Senate; 
(3) the Committee on the Judiciary of the 
House of Representatives; and 
(4) the Committee on Homeland Security of the 
House of Representatives. 
SEC. 156. DEATH IN CUSTODY REPORTING REQUIREMENT. 
(a) IN GENERAL.—If an individual dies while in the 
custody of the Department of Homeland Security or en 
route to or from such custody— 
(1) the supervising official at the detention fa-
cility or short-term detention facility at which the 
death took place shall immediately notify the Sec-
retary of such death; and 
(2) not later than 48 hours after receiving a no-
tification under paragraph (1), the Secretary shall 
report the death to— 
(A) the Office of the Inspector General of 
the Department of Homeland Security; and 
(B) the Department of Justice. 
(b) MORBIDITY AND MORTALITY REVIEW.—The De-
partment of Homeland Security shall complete an inves-
tigation of each detainee death that shall be conducted 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
142 
consistent with established medical practice for morbidity 
and mortality reviews and examine both individual and 
systemic contributors to the death. The investigation shall 
be conducted by a panel of physicians with experience in 
morbidity and mortality reviews and shall include the med-
ical staff of the facility or facilities that cared for the de-
ceased detainee, physicians from within the Department, 
and independent physicians not affiliated with the Depart-
ment or facility. The panel shall complete a report and 
corrective action plan in each case. 
(c) REPORT TO CONGRESS.—Not later than 60 days 
after the end of each fiscal year, the Secretary shall sub-
mit a report containing detailed information regarding all 
the deaths of individuals in the custody of the Department 
of Homeland Security during the preceding fiscal year to 
the committees set forth in section 155(c). 
(d) CONTENTS.—The reports submitted under sub-
section (a)(2) and subsection (c) shall include— 
(1) the name, gender, race, ethnicity, and age 
of the deceased; 
(2) the date, time, and location of death; 
(3) the law enforcement agency that detained, 
arrested, or was in the process of arresting the de-
ceased; 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
143 
(4) a description of the circumstances sur-
rounding the death; 
(5) the status and results of any investigation 
that has been conducted into the circumstances sur-
rounding the death; and 
(6) all medical records of the deceased. 
SEC. 157. PROTECTION OF COMMUNITY-BASED ORGANIZA-
TIONS, FAITH-BASED ORGANIZATIONS AND 
OTHER INSTITUTIONS. 
(a) IN GENERAL.—The Secretary shall issue regula-
tions requiring officials of the Department of Homeland 
Security to— 
(1) prohibit the apprehension of persons on the 
premises or in the immediate vicinity of— 
(A) a childcare provider; 
(B) a school; 
(C) a legal-service provider; 
(D) a Federal court or State court pro-
ceeding; 
(E) an administrative proceeding; 
(F) a funeral home; 
(G) a cemetery; 
(H) a college, university, or community 
college; 
(I) a victim services agency; 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00143
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
144 
(J) a social service agency; 
(K) a hospital or emergency care center; 
(L) a health care clinic; 
(M) a place of worship; 
(N) a day care center; 
(O) a head start center; 
(P) a school bus stop; 
(Q) a recreation center; 
(R) a mental health facility; and 
(S) a community center; and 
(2) tightly control investigative operations at 
the locations described in paragraph (1). 
(b) NOTICE TO APPEAR.—The Secretary shall amend 
the Notice to Appear form to include a statement that no 
immigration enforcement activity was undertaken in any 
of the locations described in subsection (a)(1). 
SEC. 158. APPREHENSION PROCEDURES FOR IMMIGRA-
TION-RELATED ENFORCEMENT ACTIVITIES. 
(a) IN GENERAL.—Any immigration-related enforce-
ment activity engaged in by the Department of Homeland 
Security or by other entities under agreement with the De-
partment of Homeland Security for alleged violations 
under the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.), which results in the apprehension of at least 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00144
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
145 
1 alien shall be carried out in accordance with the proce-
dures described in this section. 
(b) APPREHENSION PROCEDURES.—The Department 
of Homeland Security and entities under agreement with 
the Department of Homeland Security shall— 
(1) conduct an initial review of each individual 
apprehended in an immigration-related enforcement 
activity to ascertain whether such individual may be 
a United States citizen, a lawful permanent resident 
of the United States, or an alien lawfully present in 
the United States; 
(2) if an individual claims to be a United States 
citizen, a lawful permanent resident of the United 
States, or an alien lawfully present in the United 
States, ensure that personnel of the Department of 
Homeland Security or personnel under agreement 
with the Department of Homeland Security inves-
tigates the individual’s claims and considers the indi-
vidual for release under section 160(c); 
(3) notify SSAs of such immigration-related en-
forcement activity not later than 24 hours before the 
commencement of such activity, specifically notifying 
the SSAs of— 
(A) the specific area of the State that will 
be affected; and 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00145
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
148 
(10) permit access to a telephone within 6 
hours after an individual is detained. 
SEC. 159. PROTECTIONS AGAINST UNLAWFUL DETENTIONS 
OF UNITED STATES CITIZENS. 
(a) NOTIFICATIONS.— 
(1) IN GENERAL.—Prior to questioning an indi-
vidual who has been detained on the basis of a sus-
pected immigration violation or has been detained 
during an immigration-related enforcement activity, 
a Department of Homeland Security or other officer 
must first advise the detainee, in the language spo-
ken by the detainee that— 
(A) the detainee has the right to be rep-
resented by counsel at no expense to the Fed-
eral Government; 
(B) the detainee may remain silent; and 
(C) any statement made by the detainee 
may be used against the detainee in a subse-
quent removal or criminal proceeding. 
(2) EFFECT OF VIOLATION.—Any evidence ob-
tained by an officer from a detainee in violation of 
paragraph (1) may not be— 
(A) admissible in a removal proceeding 
against the detainee; or 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
149 
(B) used to confirm that the detainee is a 
noncitizen for purposes of issuing an immigra-
tion detainer. 
(b) LEGAL ORIENTATION PROGRAM.— 
(1) IN
GENERAL.—The Attorney General, in 
consultation with the Secretary, shall ensure that all 
detained aliens who are in, or may be subject to, de-
tention by the Department of Homeland Security, 
Immigration and Customs Enforcement, and who 
are, or may be, in EOIR Immigration Court pro-
ceedings pursuant to sections 235, 238, 240, and 
241 of the Immigration and Nationality Act receive 
legal orientation through a program administered 
and implemented by the Executive Office of Immi-
gration Review of the Department of Justice. 
(2) CONTENT
OF
THE
PROGRAM.—The legal 
orientation program developed pursuant to this sec-
tion shall be based on the Legal Orientation Pro-
gram carried out by the Executive Office for Immi-
gration Review on the date of the enactment of this 
Act. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as may be necessary to carry out suchlegal orienta-
tion program. 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
150 
(c) ACCESS TO COUNSEL.— 
(1) IN GENERAL.—An individual who is subject 
to or detained during an immigration-related en-
forcement activity may be represented by legal coun-
sel at any time. 
(2) LIST OF FREE LEGAL SERVICES.—The ex-
amining officer shall, in the language spoken by the 
individual being detained— 
(A) provide the individual, prior to trans-
ferring the individual from the point of appre-
hension to the detention facility for an immi-
gration-related violation with a list of available 
free or low-cost legal services provided by orga-
nizations and attorneys that are located in the 
region in which the arrest occurred; and 
(B) certify on the Notice to Appear issued 
to such individual that such a list was provided 
to the individual. 
(3) AMENDMENT.—Section 236 of the Immi-
gration and Nationality Act (8 U.S.C. 1226) is 
amended— 
(A) by redesignating subsection (e) as sub-
section (l); 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
151 
(B) by redesignating subsections (b), (c), 
(d), and (e) as subsections (f), (g), and (h), and 
(i) respectively; and 
(C) by inserting before subsection (l), as 
redesignated, the following: 
‘‘(k) RIGHT OF ACCESS TO COUNSEL.—An individual 
may be represented by counsel of the individual’s choosing 
while being subject to any immigration-related enforce-
ment activity, including— 
‘‘(1) interviews; 
‘‘(2) processing appointments; 
‘‘(3) booking or intake questions; 
‘‘(4) hearings; and 
‘‘(5) any procedure that may result in a conclu-
sion that the detainee will be detained or removed 
from the United States.’’. 
(d) REPRESENTATION OF DISABLED ALIENS; AC-
CESS TO COUNSEL.—The Attorney General shall ensure 
that any alien with a legal, mental or physical disability 
that prevents him from meaningfully representing himself 
in proceedings shall have counsel, including counsel ap-
pointed by the Attorney General at the expense of the Gov-
ernment. 
(e) NOTICE.— 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00151
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
152 
(1) AMENDMENT.—Section 236 of such Act, as 
amended by subsection (b)(3), is further amended by 
inserting before subsection (k), the following: 
‘‘(j) NOTICE AND CHARGES.— 
‘‘(1) IN GENERAL.—Not later than 48 hours 
after the commencement of a detention of an indi-
vidual under this section, the Secretary of Homeland 
Security shall— 
‘‘(A) file a Notice to Appear or other rel-
evant charging document with the immigration 
court closest to the location at which the indi-
vidual was apprehended; and 
‘‘(B) serve such notice or charging docu-
ment on the individual. 
‘‘(2) CUSTODY
DETERMINATION.—Any indi-
vidual who is detained under this section for more 
than 48 hours shall be brought before an immigra-
tion judge for a custody determination not later than 
72 hours after the commencement of such detention 
unless the individual waives the right in accordance 
with paragraph (3). 
‘‘(3) WAIVER.—The requirements of this sub-
section may be waived for not more than 7 days if 
the detainee— 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00152
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
153 
‘‘(A) enters into a written agreement with 
the Department of Homeland Security to waive 
such requirements; and 
‘‘(B) is prima facie eligible for immigration 
benefits or demonstrates prima facie eligibility 
for a defense against removal.’’. 
(2) APPLICABILITY OF OTHER LAW.—Nothing 
in section 236(f) of the Immigration and Nationality 
Act, as added by paragraph (1), may be construed 
to repeal section 236A of such Act (8 U.S.C. 
1226a). 
(f) ISSUANCE OF DETAINERS.— 
(1) IN GENERAL.—Section 287(d) is amended 
by adding at the end the following: ‘‘The alien and 
his or her attorney in the criminal proceeding shall 
be provided with a written notice of the detainer in-
dicating the intention of the Secretary to assume 
custody of the alien upon completion of the pending 
criminal proceedings. The written notice shall in-
clude information about the specific basis for issuing 
the detainer and instructions about how individuals 
can challenge a detainer lodged in error. Where the 
state or federal criminal court has granted pre-trial 
release, and the alien has complied with conditions 
of such release, DHS shall not take custody of the 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00153
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
154 
alien until resolution of the pending criminal 
charges. The existence of a detainer shall not be 
used as a basis for denying pre-trial release. This 
section is the sole authority for issuance of immigra-
tion detainers.’’. 
(2) RULEMAKING.—The Secretary shall issue 
regulations that require officials of the Department 
of Homeland Security to confirm, before issuing a 
detainer, the alienage of the individual to be made 
subject to such detainer. The regulations shall re-
quire officials of the Department of Homeland Secu-
rity to confirm— 
(A) the alienage of an individual through 
lawfully obtained information, including the 
name of the individual; the date of birth of the 
individual; or the fingerprints of the individual; 
and 
(B) whether the individual is removable 
from the United States. 
(3) DATA
COLLECTION.—The Secretary of 
Homeland Security shall collect data regarding de-
tainers issued under section 287(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1357(d)) includ-
ing— 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00154
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
155 
(A) the criminal charge for which the indi-
vidual was arrested and/or convicted; 
(B) the date the detainer was issued; 
(C) the basis for issuance of the detainer; 
(D) the date(s) the detainer was lifted; 
(E) the date(s) of release of the individual 
ordered by a State or Federal criminal court or 
other government entity; 
(F) the date that DHS took custody of the 
individual; 
(G) the race and ethnicity and country of 
origin of the individual against whom the de-
tainer was issued; 
(H) the disposition of criminal case; 
(I) the ultimate disposition of immigration 
case or whether individual was discovered to be 
a United States citizen; 
(J) the grounds of removal if applicable 
and any charges brought by the Secretary; and 
(K) the number of individuals removed 
after the Secretary took custody while any 
criminal matter was still pending. 
(4) REPORT ON DETAINERS.—On a yearly basis 
beginning one year after the date of the enactment 
of this Act, the Secretary of Homeland Security 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00155
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
156 
shall report the results of the Secretary’s data collec-
tion to the Department of Homeland Security In-
spector General, the Department of Justice Civil 
Rights Division, Congress, and the Department of 
Homeland Security Office of Civil Rights and Civil 
Liberties for purposes of ascertaining the extent to 
which detainers are erroneously lodged against indi-
viduals who are United States citizens or not deport-
able, how often individuals remain in detention un-
lawfully past the expiration of the detainer, whether 
detainers are lodged disproportionately against cer-
tain ethnicities, whether the lodging of detainers re-
sults in longer incarceration times, and whether de-
tainers are lodged for an investigatory purpose to in-
vestigate criminal activity instead of placing individ-
uals in removal proceedings. 
(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as may be necessary to carry out this section for 
each of fiscal years 2008 through 2012 to carry out 
this section. 
SEC. 160. BASIC PROTECTIONS FOR VULNERABLE POPU-
LATIONS. 
(a) VULNERABLE POPULATIONS.— 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
157 
(1) IN
GENERAL.—Not later than 48 hours 
after the commencement of an immigration-related 
enforcement activity, the Department of Homeland 
Security shall screen each detainee to determine 
whether the detainee is a member of a vulnerable 
population. 
(2) VULNERABLE POPULATIONS.—A member of 
a vulnerable population includes any of the fol-
lowing: 
(A) Individuals with a nonfrivolous claim 
to United States citizenship. 
(B) Individuals who have a disability or 
have been determined by a medically trained 
professional to have medical or mental health 
needs. 
(C) Pregnant or nursing women. 
(D) Individuals who are detained with 1 or 
more of their children, and their detained chil-
dren. 
(E) Individuals who provide financial, 
physical, and other direct support to their 
minor children, parents, or other dependents. 
(F) Individuals who are at least 65 years 
of age. 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
158 
(G) Children (as defined in section 
101(b)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1101(b)(1))). 
(H) Victims of abuse, violence, crime, or 
human trafficking. 
(I) Individuals who have been referred for 
a credible fear interview, a reasonable fear 
interview, or an asylum hearing. 
(J) Stateless individuals. 
(K) Individuals who have applied or intend 
to apply for asylum, withholding of removal, or 
protection under the Convention Against Tor-
ture and Other Cruel, Inhuman or Degrading 
Treatment or Punishment, done at New York, 
December 10, 1984, and entered into force 
June 26, 1987. 
(L) Individuals who make a prima facie 
case for eligibility for relief under any provision 
of the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.), including returning lawful 
permanent residents. 
(M) Any group designated by the Sec-
retary as a vulnerable population. 
(b) OPTIONS REGARDING DETENTION DECISIONS 
FOR VULNERABLE POPULATIONS.—Section 236 of the 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00158
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
159 
Immigration and Nationality Act, as amended by this Act, 
is further amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘(c)’’ and inserting ‘‘(g)’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘or’’ at the end; 
(ii) in subparagraph (B), by striking 
‘‘but’’ and inserting ‘‘or’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) the individual’s own recognizance;’’; 
(C) by redesignating paragraph (3) as 
paragraph (4); and 
(D) by inserting after paragraph (2) the 
following: 
‘‘(3) may enroll the alien in a secure alter-
natives program; but’’; and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) DETENTION DECISION STANDARDS.— 
‘‘(1) CRITERIA
TO
BE
CONSIDERED.—If an 
alien is not subject to mandatory detention under 
subsection (g) or section 236A, the criteria that the 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00159
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
160 
Secretary or the Attorney General shall use to dem-
onstrate that detention of the alien is necessary are 
the following: 
‘‘(A) Whether the alien poses a risk to 
public safety, including a risk to national secu-
rity. 
‘‘(B) Whether— 
‘‘(i) the alien poses a risk of flight; 
and 
‘‘(ii) there are no conditions of release 
that will reasonably ensure that the alien 
will appear for immigration proceedings, 
including bond or other conditions of re-
lease that reduce the risk of flight. 
‘‘(2) EXCEPTION
FOR
MANDATORY
DETAIN-
EES.—The requirements described in paragraph (1) 
shall not apply if the Secretary of Homeland Secu-
rity demonstrates by substantial evidence that the 
alien is subject to detention under subsection (g). 
‘‘(c) CUSTODY DECISIONS FOR VULNERABLE POPU-
LATIONS.— 
‘‘(1) IN GENERAL.—Not later than 72 hours 
after an individual is detained under this section 
(unless the 72-hour requirement is waived in writing 
by the individual), an individual who is a member of 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
161 
a vulnerable population (as defined by section 
5(a)(3) of the Protect Citizens and Residents from 
Unlawful Detention Act) shall be released from the 
custody of the Department of Homeland Security 
and shall not be subject to electronic monitoring un-
less the Department demonstrates by a preponder-
ance of the evidence that the individual— 
‘‘(A) is subject to mandatory custody or 
mandatory detention under subsection (g) or 
section 236A; 
‘‘(B) poses a risk to the national security 
of the United States; or 
‘‘(C) is a flight risk and the risk cannot be 
mitigated through supervision in a non-custo-
dial secure alternatives program. 
‘‘(2) RELEASE.—An individual shall be released 
from custody under this subsection— 
‘‘(A) on the individual’s own recognizance; 
‘‘(B) by posting a minimum bond under 
subsection (a)(2)(a); or 
‘‘(C) on parole in accordance with section 
212(d)(5)(A). 
‘‘(d) DECISIONS TO DETAIN ALIENS.— 
‘‘(1) IN
GENERAL.—All detention decisions 
under this section shall— 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00161
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
162 
‘‘(A) be made in writing by an official of 
the Department of Homeland Security; 
‘‘(B) specify the reasons for the decision, if 
the decision is made to continue the detention 
without bond or parole; and 
‘‘(C) be served upon the detainee, in the 
language spoken by the alien, not later than 72 
hours after— 
‘‘(i) the commencement of the deten-
tion; or 
‘‘(ii) a positive determination of cred-
ible fear of persecution or reasonable fear 
of persecution or torture, if the detainee is 
subject to section 235 or 241(a)(5). 
‘‘(2) REDETERMINATION.— 
‘‘(A) REQUEST.—Any alien detained by 
the Department of Homeland Security, at any 
time after being served with the decision de-
scribed in paragraph (1)(A), may request a re-
determination of such decision by an immigra-
tion judge. 
‘‘(B) OTHER DECISIONS.—All custody de-
cisions by the Secretary of Homeland Security 
shall be subject to redetermination by an immi-
gration judge. 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
163 
‘‘(C) SAVINGS
PROVISION.—Nothing in 
this paragraph may be construed to prevent a 
detainee from requesting a bond redetermina-
tion. 
‘‘(e) SECURE ALTERNATIVES PROGRAMS.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall establish secure alternatives programs 
to ensure public safety and appearances at immigra-
tion proceedings. 
‘‘(2) CONTRACT
AUTHORITY.—The Secretary 
shall contract with nongovernmental organizations to 
conduct screening of detainees, provide appearance 
assistance services, and operate community-based 
supervision programs. 
‘‘(3) 
INDIVIDUALIZED
DETERMINATIONS.— 
When deciding whether to use secure alternatives, 
the Secretary shall make an individualized deter-
mination and review each case on a monthly basis. 
‘‘(4) CUSTODY.—If an individual is not eligible 
for release from custody, the Secretary shall con-
sider the alien for placement in secure alternatives 
that maintain custody over the alien, including the 
use of electronic ankle devices. The Secretary may 
use secure alternatives programs to maintain cus-
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
164 
tody over any alien detained under this Act except 
for aliens detained under section 236A.’’. 
SEC. 161. REPORT ON PROTECTIONS FOR VULNERABLE 
POPULATIONS IMPACTED BY IMMIGRATION 
ENFORCEMENT ACTIVITIES. 
(a) REQUIREMENT FOR REPORTS.—Not later than 1 
year after the date of the enactment of this Act, and annu-
ally thereafter, the Secretary of Homeland Security shall 
submit a report to Congress that describes the impact of 
immigration-related enforcement activities and fugitive op-
erations on United States citizens, lawful permanent resi-
dents, individuals otherwise lawfully present in the United 
States, and, where possible, undocumented aliens present 
in the United States. 
(b) CONTENT.—The report submitted under sub-
section (a) shall include an assessment of— 
(1) the number of individuals apprehended dur-
ing immigration-related enforcement activities who 
are children, United States citizens, lawful perma-
nent residents, lawfully present non-citizens; 
(2) 
immigration-related 
apprehensions 
at 
homes, schools, school bus stops, day care centers, 
colleges, places of worship, hospitals, health care 
clinics, funeral homes, cemeteries, victim services 
agencies, social services agencies, head start centers, 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00164
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
165 
recreation centers, legal service providers, courts and 
community centers; 
(3) apprehensions, detentions, and removals of 
sole caregivers, primary breadwinners, pregnant and 
nursing mothers, and other vulnerable populations 
during an immigration-related enforcement activity; 
(4) the extent to which the Department of 
Homeland Security cooperates and coordinates with 
State and local law enforcement during immigration- 
related enforcement activities; 
(5) the number of immigration-related enforce-
ment apprehensions resulting from cooperation with 
State and local law enforcement; 
(6) whether apprehended individuals are pro-
vided access to a telephone; 
(7) how quickly apprehended individuals are 
provided access to a telephone; 
(8) the manner through which family members 
of the target population of the immigration-related 
enforcement activity are notified of their family 
member’s detention; 
(9) the number of parents, guardians, or care-
givers of children removed from the United States; 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00165
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
168 
(22) secure alternatives programs, including the 
types of programs used, number of individuals 
placed in theses programs, reasons for not placing 
immigrants that qualify as a member of a vulnerable 
population as defined in section 160(a) in these pro-
grams, percentage of cases in which adjustment of 
immigration status is granted, percentage of cases in 
which removal is undertaken, and frequency of ab-
sconding; and 
(23) the number of individuals apprehended 
after officials were notified by a health or mental 
health professional. 
SEC. 162. FAMILY DETENTION AND UNITY PROTECTIONS. 
(a) DEFINITION OF FAMILIES WITH CHILDREN.—- 
Family with Children is defined as any parent or legal 
guardian who is apprehended with one or more of their 
children. 
(b) PLACEMENT IN REMOVAL PROCEEDINGS.—Any 
family with children sought to be removed by the Depart-
ment of Homeland Security shall be placed in removal pro-
ceedings under section 240 of the Immigration and Na-
tionality Act (8 U.S.C. 1229a). 
(c) CUSTODY OF FAMILIES WITH CHILDREN.—The 
following requirements shall apply with respect to families 
with children: 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
169 
(1) Families with children shall not be sepa-
rated or taken into custody except when justified by 
exceptional circumstances, or when required by law. 
(2) In exceptional circumstances where release 
or a secure alternatives program is not an option, 
the Secretary shall ensure that— 
(A) special non-penal, residential, home- 
like facilities that enable families to live as a 
family unit are designed to house families with 
children, taking into account the particular 
needs and vulnerabilities of the children; 
(B) procedures and conditions of custody 
are appropriate for families with children; 
(C) entities with demonstrated experience 
and expertise in child welfare shall staff and be 
responsible for the management of facilities 
housing families with children; 
(D) no restrictions on freedom of move-
ment; visitations; telephone, internet, library, 
and law library access; possession of personal 
property, including personal clothing; age ap-
propriate education; or religious practice shall 
apply other than to prevent flight and ensure 
the safety of residents; 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
170 
(E) individualized reviews by an immigra-
tion judge of each family’s well being, custody 
status and the need for continued detention are 
conducted every 30 days for any family held in 
such a facility for more than three weeks, and 
all families shall be notified in writing of the 
decision and of the individualized reasons for 
the decision; and 
(F) parents retain fundamental parental 
rights and responsibilities, including the dis-
cipline of children, in keeping with applicable 
State laws. 
(d) DISCRETIONARY WAIVER AUTHORITY FOR FAMI-
LIES WITH CHILDREN.—Section 235(b)(1)(B)(iii) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1225(b)(1)(B)(iii)) is amended— 
(1) in subclause (IV), by striking ‘‘Any alien’’ 
and inserting ‘‘Except as provided in subclause (V), 
any alien’’; and 
(2) by adding at the end the following: 
‘‘(V) 
DISCRETIONARY
WAIVER 
AUTHORITY
FOR
FAMILIES
WITH 
CHILDREN.—The Secretary of Home-
land Security may decide for humani-
tarian reasons or significant public 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
171 
benefit not to detain families with 
children who are otherwise subject to 
mandatory detention under subclause 
(IV).’’. 
SEC. 163. APPREHENSION PROCEDURES FOR FAMILIES 
AND PARENTS. 
The Department of Homeland Security and entities 
under agreement with the Department of Homeland Secu-
rity shall— 
(1) offer confidential psychosocial and mental 
health services to children and family members of 
such individuals at the time of the apprehension; 
(2) provide, and advertise in the mainstream 
and foreign language media, as well as make avail-
able to the public via the website of the Department 
of Homeland Security, a toll-free number through 
which family members of persons apprehended as a 
result of an immigration enforcement-related activity 
may report information relevant to the release of an 
apprehended family member as a member of a vul-
nerable population, which will be conveyed to the ap-
propriate Department of Homeland Security official 
and applicable SSA, and through which State child 
welfare service providers, family members, and legal 
counsel representing those who are apprehended may 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00171
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
172 
obtain information about the apprehended family 
members, including their location, in English and 
the majority language of those who are apprehended; 
(3) if there is reason to believe that an indi-
vidual who is apprehended is a parent, legal guard-
ian, or primary caregiver relative of a dependent 
child in the United States, provide this parent, legal 
guardian, or primary caregiver relative with— 
(A) confidential and toll-free telephone 
calls to arrange for care of dependent children 
within 2 hours of screening; 
(B) information regarding and contact in-
formation for legal service providers, organiza-
tions, and attorneys that can offer free legal ad-
vice regarding child welfare and custody deter-
minations; and 
(C) information regarding and contact in-
formation for multiple State and local child wel-
fare providers; 
(4) ensure that personnel of the Department of 
Homeland Security and of entities operating under 
agreement with the Department do not— 
(A) interrogate or screen individuals in the 
immediate presence of children; 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00172
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
173 
(B) interrogate, arrest, or detain any child 
apprehended with his or her parent or parents 
without the presence or consent of a parent, 
family member, legal guardian, or legal counsel; 
or 
(C) compel or request children to translate 
for other individuals who are encountered as 
part of an immigration enforcement-related ac-
tivity; and 
(5) ensure that the best interests of children 
are considered in decisions and actions relating to 
the detention or release of any individual appre-
hended by the Department of Homeland Security, 
and that there be a preference for family unity 
whenever appropriate. 
SEC. 164. CHILD WELFARE SERVICES FOR CHILDREN SEPA-
RATED FROM PARENTS DETAINED OR RE-
MOVED FROM THE UNITED STATES FOR IM-
MIGRATION VIOLATIONS. 
(a) STATE PLAN REQUIREMENTS.—Section 471(a) 
of the Social Security Act (42 U.S.C. 671(a)) is amend-
ed— 
(1) by striking ‘‘and’’ at the end of paragraph 
(32); 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00173
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
174 
(2) by striking the period at the end of para-
graph (33) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(34) provides that the State shall— 
‘‘(A) create and implement protocols to 
provide guidance on how all employees of State 
agencies providing services to children under 
the State plan should handle cases of separated 
children that take into account the best interest 
of the child, including consideration of the best 
outcome for the family of the child; 
‘‘(B) develop and implement memoranda of 
understanding or protocols with the Depart-
ment of Homeland Security, Federal, State, 
and local government agencies to facilitate com-
munication between the agencies and such a 
child, a parent, guardian, or relative referred to 
in section 475(9)(B), family members of such a 
child, family courts, providers of services to 
such a child under the State plan, providers of 
long-term care to such a child, and legal rep-
resentatives of such a child or of such a parent, 
guardian, or relative; 
‘‘(C) develop and implement joint protocols 
and training with law enforcement agencies to 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00174
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
175 
minimize the trauma, at the time of the appre-
hension of such a parent, guardian, or relative, 
to a child who will become a separated child as 
a result of the apprehension, including protocols 
and training for apprehension of such a parent, 
guardian, or relative in the presence of the child 
and how to best ensure appropriate and prompt 
care arrangements for the child; 
‘‘(D) ensure that the case manager for 
such a child is capable of communicating in the 
native language of the child and of the family 
of the child, or an interpreter who is so capable 
is provided to communicate with the child and 
the family of the child at no cost to the child 
or the family of the child; 
‘‘(E) require that, in all decisions and ac-
tions relating to the care, custody, and place-
ment of such a child, the best interest of the 
child, including the best outcome for the family 
of the child, be considered, and ensure that the 
decisions are based on clearly articulated fac-
tors that do not include predictions or conclu-
sions about immigration status or pending Fed-
eral immigration proceedings; and 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00175
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
176 
‘‘(F) coordinate with the Department of 
Homeland Security, foreign consular officials 
and nongovernmental organizations designated 
by the Secretary to ensure that parents of such 
a child who wish for the child to accompany 
them to their country of origin are given ade-
quate time to obtain a passport and visa, collect 
all relevant vital documents such as birth cer-
tificate, health and educational records, and 
other information.’’. 
(b) ADDITIONAL INFORMATION TO BE INCLUDED IN 
CASE PLAN.—Section 475(1) of such Act (42 U.S.C. 
675(1)) is amended by adding at the end the following: 
‘‘(H) In the case of a separated child with 
respect to whom the State plan requires the 
State to provide services pursuant to section 
471(a)(34)— 
‘‘(i) the location of the parent, guard-
ian, or relative referred to in paragraph 
(9)(B) of this subsection from whom the 
child has been separated; and 
‘‘(ii) a written record of each disclo-
sure to a government agency or person 
(other than such a parent, guardian, or 
relative) of information gathered in the 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00176
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
177 
course of tracking the care, custody, and 
placement of, and follow-up services pro-
vided to, the child.’’. 
(c) SEPARATED CHILDREN DEFINED.—Section 475 
of such Act (42 U.S.C. 675) is amended by adding at the 
end the following: 
‘‘(9) The term ‘separated children’ means indi-
viduals who— 
‘‘(A) have a parent, legal guardian, or pri-
mary caregiver relative who has been detained 
by a Federal, State, or local law enforcement 
agency in the enforcement of an immigration 
law, or removed from the United States as a re-
sult of a violation of such a law; and 
‘‘(B) are in foster care under the responsi-
bility of a State.’’. 
SEC. 165. VULNERABLE POPULATION AND CHILD WELFARE 
TRAINING FOR IMMIGRATION ENFORCEMENT 
OFFICERS. 
(a) MANDATORY TRAINING.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security, in consultation with the Secretary of 
Health and Human Services, and independent child 
welfare experts shall mandate live specialized train-
ing of all Federal personnel, relevant personnel em-
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00177
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
178 
ployed by those States reimbursed for activities re-
lated to care and services for separated children, and 
State and local personnel and relevant SSAs, who 
come into contact with vulnerable populations as de-
fined at section 160(a) in all relevant legal authori-
ties, policies, and procedures pertaining to the hu-
manitarian and due process protections for these 
vulnerable populations. 
(2) VULNERABLE
POPULATIONS.—Such per-
sonnel shall be trained to work with vulnerable popu-
lations, including identifying members of a vulner-
able population, and identifying members of a vul-
nerable population for whom asylum or special juve-
nile immigrant relief may be appropriate. 
(3) MENTAL HEALTH NEEDS.—Personnel shall 
establish collaborative relationships with local mental 
health professionals to provide training in prepara-
tion for apprehensions of individuals with mental 
health needs. 
(4) BEST PRACTICES.—Participants will be re-
quired to undertake periodic and continuing training 
on best practices and changes in the law, policies, 
and procedures for these vulnerable populations. 
(b) MEMORANDA
OF UNDERSTANDING.—The Sec-
retary of Homeland Security shall require all law enforce-
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00178
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
179 
ment agencies under agreement with the Department of 
Homeland Security to establish Memoranda of Under-
standing with SSAs with respect to the availability of serv-
ices relevant to the humanitarian and due process protec-
tions for vulnerable populations as defined in section 
160(a). 
SEC. 166. ACCESS FOR PARENTS, LEGAL GUARDIANS, AND, 
PRIMARY CAREGIVER RELATIVES. 
(a) IN GENERAL.—The Secretary of the Department 
of Homeland Security shall ensure that all detention facili-
ties operated by or under agreement with the Department 
take steps to preserve family unity and ensure that the 
best outcome for families can be considered in decisions 
and actions relating to the custody of children whose par-
ent, legal guardian, or primary caregiver relative is de-
tained by reason of the parent’s, legal guardian’s, or pri-
mary caregiver relative’s immigration status. 
(b) TRAINING.—The Secretary of Homeland Secu-
rity, in consultation with the Department of Health and 
Human Services, the Department of Justice, the Depart-
ment of State, and independent family law experts, shall 
mandate live, specialized training of all personnel at deten-
tion facilities operated by the Department of Homeland 
Security or under agreement with the Department of 
Homeland Security in all relevant legal authorities, poli-
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00179
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
180 
cies and procedures related to ensuring that parents, legal 
guardians, and primary caregiver relatives of children 
have regular, ongoing and in-person access to children, 
State family courts, consular officers and staff of State 
social service agencies responsible for administering child 
welfare programs. Such personnel shall be required to un-
dertake periodic and continuing training on best practices 
and changes in relevant law, policies, and procedures per-
taining to the preservation of family unity. 
(c) ACCESS
TO CHILDREN, LOCAL
AND STATE 
COURTS, CHILD PROTECTIVE SERVICES, AND CONSULAR 
OFFICIALS.—The Secretary of Homeland Security shall 
be responsible for— 
(1) ensuring that detained parents, legal guard-
ians, and primary caregiver relatives of children 
under 18 years of age are granted free and confiden-
tial phone calls with their children on a daily basis; 
(2) ensuring that detained parents, legal guard-
ians, and primary caregiver relatives of children 
under 18 years of age are permitted regular contact 
visits with their children; 
(3) ensuring that detained parents, legal guard-
ians, and primary caregiver relatives of children 
under 18 years of age are able to participate fully, 
and to the extent possible in-person, in all family 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00180
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
181 
court proceedings and any other proceeding impact-
ing upon custody of their children; 
(4) ensuring that detained parents, legal guard-
ians, and primary caregiver relatives of children 
under 18 years of age are able to fully participate 
in and comply with all family court orders impacting 
upon custody of their child; 
(5) ensuring that detained parents, legal guard-
ians, and primary caregiver relatives of children 
under 18 years of age have regular, on-site access to 
reunification programming including parenting class-
es; 
(6) ensuring that detained parents, legal guard-
ians, and primary caregiver relatives of children 
under 18 years of age are provided with contact in-
formation for child protective services entities and 
family courts in all fifty States, the District of Co-
lumbia, all United States territories, and are granted 
free, confidential, and unlimited telephone access to 
child protective services entities and family courts to 
report child abuse, abandonment or neglect; 
(7) ensuring that detained parents, legal guard-
ians, and primary caregiver relatives of children 
under 18 years of age are granted regular, confiden-
tial and in-person access to consular officials; free, 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00181
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
182 
unlimited, confidential phone calls to consular offi-
cials; and access to United States passport applica-
tions for the purpose of obtaining travel documents 
for their children; 
(8) ensuring that detained parents, legal guard-
ians, and primary caregiver relatives of children 
under 18 years of age who wish to take their chil-
dren with them to their country of origin are grant-
ed adequate time prior to being removed to obtain 
a passport and other relevant travel documents nec-
essary for children to accompany them on their re-
turn to their country of origin or join them in their 
country of origin; and 
(9) facilitating detained parents’, legal guard-
ians’, and primary caregiver relatives’ ability to re-
unify with their children under 18 years of age at 
the time of removal to their country of origin, in-
cluding providing information about the detained 
parent, legal guardian, or primary caregiver rel-
ative’s travel arrangements to State social service 
agencies or other caregivers. 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00182
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
183 
SEC. 167. ENHANCED PROTECTIONS FOR VULNERABLE UN-
ACCOMPANIED ALIEN CHILDREN AND FE-
MALE DETAINEES. 
(a) MANDATORY
TRAINING.—The Secretary of 
Homeland Security, in consultation with the Office of Ref-
ugee Resettlement of the Department of Health and 
Human Services and independent child welfare experts, 
shall mandate live training of all personnel who come into 
contact with unaccompanied alien children (as defined in 
section 462 of the Homeland Security Act of 2002 (6 
U.S.C. 279)) in all relevant legal authorities, policies, and 
procedures pertaining to this vulnerable population. 
(b) CARE AND TRANSPORTATION.—Notwithstanding 
any other provision of law, the Secretary of Homeland Se-
curity shall ensure that all unaccompanied children who 
will undergo any immigration proceedings before the De-
partment of Homeland Security and the Executive Office 
for Immigration Review are duly transported and placed 
in the care and legal and physical custody of the Office 
of Refugee Resettlement within a maximum of 24 hours 
of their apprehension absent narrowly defined exceptional 
circumstances, including a natural disaster or comparable 
emergency beyond the control of the Secretary of Home-
land Security or the Office of Refugee Resettlement. The 
Secretary of Homeland Security shall ensure that female 
officers are responsible and at all times present during the 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00183
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
184 
transfer and transport of female detainees who are in the 
custody of the Secretary of Homeland Security. 
(c) NOTIFICATION.—The Secretary of Homeland Se-
curity shall immediately notify the Office of Refugee Re-
settlement of an unaccompanied alien child in the custody 
of the Department of Homeland Security to effectively and 
efficiently coordinate the child’s transfer to and placement 
with the Office of Refugee Resettlement. 
(d) NOTICE OF RIGHTS AND ACCESS TO COUNSEL.— 
The Secretary of Homeland Security shall ensure that an 
independent licensed social worker, as described in section 
153(b)(1)(A), provides all unaccompanied alien children 
upon apprehension with both a video orientation and oral 
and written notice of their rights under the Immigration 
and Nationality Act including their rights to relief from 
removal and their rights to confer with counsel (as guar-
anteed under section 292 of such Act), family, or friends 
while in the Department of Homeland Security’s tem-
porary custody and relevant complaint mechanisms to re-
port any abuse or misconduct they may have experienced. 
The Secretary of Homeland Security shall ensure that the 
video orientation and written notice of rights is available 
in English and in the five most common native languages 
spoken by the unaccompanied children held in custody at 
that location during the preceding fiscal year, and that 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00184
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
185 
the oral notice of rights is available in English and in the 
most common native language spoken by the unaccom-
panied children held in custody at that location during the 
preceding fiscal year. 
(e) CONFIDENTIALITY.—The Secretary of Health 
and Human Services shall maintain the privacy and con-
fidentiality of all information gathered in the course of 
providing care, custody, placement and follow-up services 
to unaccompanied alien children, consistent with the best 
interest of the unaccompanied alien child, by not dis-
closing such information to other government agencies or 
nonparental third parties. The Secretary may share infor-
mation when authorized to do so by the child and when 
consistent with the child’s best interest. The Secretary 
may provide information to a duly recognized law enforce-
ment entity, if such disclosure would prevent imminent 
and serious harm to another individual. All disclosures 
shall be duly recorded in writing and placed in the child’s 
files. 
(f) OTHER POLICIES AND PROCEDURES.—The Sec-
retary shall further adopt fundamental child protection 
policies and procedures— 
(1) for reliable age-determinations of children 
which exclude the use of fallible forensic testing of 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00185
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
186 
children’s bone and teeth developed in consultation 
with medical and child welfare experts; 
(2) to ensure the safe and secure repatriation 
and reintegration of unaccompanied alien children to 
their home countries through specialized programs 
developed in close consultation with the Secretary of 
State, the Office of the Refugee Resettlement and 
reputable independent child welfare experts includ-
ing placement of children with their families or non-
governmental agencies to provide food, shelter and 
vocational training and microfinance opportunities; 
(3) to utilize all legal authorities to defer the 
child’s removal if the child faces a risk of life-threat-
ening harm upon return including due to the child’s 
mental health or medical condition; and 
(4) to ensure that unaccompanied alien children 
(as defined in section 462 of the Homeland Security 
Act of 2002 (6 U.S.C. 279)) are physically sepa-
rated from any adult who is not a family member, 
guardian, or caregiver and are separated by sight 
and sound from immigration detainees and inmates 
with criminal convictions, pretrial inmates facing 
criminal prosecution, children who have been adju-
dicated delinquents or convicted of adult offenses or 
are pending delinquency or criminal proceedings, 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00186
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
187 
and those inmates exhibiting violent behavior while 
in detention as is consistent with the Juvenile Jus-
tice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5601 et seq.). 
SEC. 168. PREVENTING UNNECESSARY DETENTION OF REF-
UGEES. 
Section 209 of the Immigration and Nationality Act 
(8 U.S.C. 1159) is amended— 
(1) in subsection (a)(1) by striking ‘‘return or 
be returned to the Department of Homeland Secu-
rity for inspection and examination for admission’’ 
and also ‘‘in accordance with the provisions of sec-
tions 235, 240, and 241’’ and inserting ‘‘be eligible 
for adjustment of status’’; 
(2) in subsection (a)(2) by striking ‘‘upon in-
spection and examination’’; and 
(3) in subsection (c) by adding at the end ‘‘An 
application for adjustment under this section may be 
filed up to 3 months before the date the applicant 
would first otherwise be eligible for adjustment 
under this section.’’. 
SEC. 169. REPORTS ON PROTECTIONS FROM UNLAWFUL 
DETENTION. 
(a) REPORT REQUIREMENT.—Not later than 1 year 
after the date of the enactment of this Act, and annually 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00187
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
188 
thereafter, the Secretary shall prepare and submit a report 
to Congress that describes the impact of worksite and fu-
gitive operations on United States citizens, lawful perma-
nent residents, and individuals otherwise lawfully present 
in the United States. 
(b) CONTENT.—The report submitted under sub-
section (a) shall include an assessment of— 
(1)(A) United States Immigration and Customs 
Enforcement protocol for humanitarian screening 
during a worksite enforcement action; 
(B) the compliance with such protocol; and 
(C) the nature of any related protocol in small-
er worksite or nonworksite actions; 
(2) collateral arrests under the National Fugi-
tive Operations Program and worksite enforcement 
initiatives; 
(3) whether individuals detained in an immigra-
tion-related enforcement activity are notified of their 
right to counsel; 
(4) whether United States Immigration and 
Customs Enforcement agents— 
(A) use excessive force in executing war-
rants, arrests, detentions, or other immigration- 
enforcement activities; 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00188
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
189 
(B) enter private homes or residences with-
out a search warrant or consent; or 
(C) display and use weapons during immi-
gration-enforcement activities or interrogations; 
(5) whether United States Immigration and 
Customs Enforcement agents identify themselves 
when entering a location for enforcement purposes; 
(6) the conditions under which individuals are 
confined; 
(7) whether detainees are notified of their 
rights in a language they can understand; 
(8) whether individuals detained during a raid 
or an immigration enforcement activity are forced or 
coerced to sign any documents or waive any rights 
without consulting with an attorney; 
(9) the procedures used by the Department of 
Homeland Security— 
(A) to notify agents about humanitarian 
standards regarding enforcement actions; and 
(B) hold agents accountable when they vio-
late such standards; 
(10) the per detainee cost of each raid involving 
more than 50 detainees; 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00189
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS
264 
hanced Verification System and shall com-
ply with the terms and conditions of such 
an election. 
‘‘(ii) LEGISLATIVE
BRANCH.—Each 
Member of Congress, each officer of Con-
gress, and the head of each agency of the 
legislative branch shall elect to participate 
in the Enhanced Verification System and 
shall comply with the terms and conditions 
of such an election. 
‘‘(C) ELECTRONIC ACCESS.—The Secretary 
shall establish procedures allowing individuals 
to use a Personal Identification Number (PIN) 
or other biographic information to authenticate 
the individual’s identity and to block and 
unblock the individual’s Social Security number 
electronically. 
‘‘(D) USE
OF
ENHANCED
VERIFICATION 
SYSTEM
RECEIPT
FOR
PURPOSE
OF
EMPLOY-
MENT VERIFICATION.— 
‘‘(i) ENCRYPTED
CODE.—The Sec-
retary shall establish procedures to allow 
an individual who has authenticated the in-
dividual’s identity and unblocked the indi-
vidual’s Social Security number to receive 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00264
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS