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 1- 
year period ending on the date of enactment of 
this Act. 
(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 1 year 
after the date of enactment of this Act, and annually 
thereafter, the Secretary shall submit to Congress a 
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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. 166. 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 2008 
through 2012 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. 
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Subtitle H—Safe and Secure 
Detention 
SEC. 171. DEFINITIONS. 
In this subtitle: 
(1) ASYLUM SEEKER.—The term ‘‘asylum seek-
er’’ means an applicant for asylum under section 
208 of the Immigration and Nationality Act (8 
U.S.C. 1158) or for withholding of removal under 
section 241(b)(3) of that Act (8 U.S.C. 1231(b)(3)) 
or an alien who indicates an intention to apply for 
relief under either such section and does not include 
a person with respect to whom a final adjudication 
denying an application made under either such sec-
tion has been entered. 
(2) CREDIBLE
FEAR
OF
PERSECUTION.—The 
term ‘‘credible fear of persecution’’ has the meaning 
given that term in section 235(b)(1)(B)(v) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1225(b)(1)(B)(v)). 
(3) DETAINEE.—The term ‘‘detainee’’ means 
an alien in the Department’s custody held in a de-
tention facility. 
(4) DETENTION FACILITY.—The term ‘‘deten-
tion facility’’ means any Federal facility in which an 
asylum seeker, an alien detained pending the out-
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come of a removal proceeding, or an alien detained 
pending the execution of a final order of removal, is 
detained for more than 72 hours, or any other facil-
ity in which such detention services are provided to 
the Federal Government by contract, and does not 
include detention at any port of entry in the United 
States. 
(5) REASONABLE FEAR OF PERSECUTION OR 
TORTURE.—The term ‘‘reasonable fear of persecu-
tion or torture’’ has the meaning described in sec-
tion 208.31 of title 8, Code of Federal Regulations. 
(6) STANDARD.—The term ‘‘standard’’ means 
any policy, procedure, or other requirement. 
(7) VULNERABLE
POPULATIONS.—The term 
‘‘vulnerable populations’’ means classes of aliens 
subject to the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) who have special needs requir-
ing special consideration and treatment by virtue of 
their vulnerable characteristics, including experi-
ences of, or risk of, abuse, mistreatment, or other 
serious harms threatening their health or safety. 
Vulnerable populations include the following: 
(A) Asylum seekers. 
(B) Refugees admitted under section 207 
of the Immigration and Nationality Act (8 
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U.S.C. 1157) and individuals seeking such ad-
mission. 
(C) Aliens whose deportation is being with-
held under section 243(h) of the Immigration 
and Nationality Act (as in effect immediately 
before the effective date of section 307 of the 
Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (Public Law 104–208; 
110 Stat. 3009–612)) or section 241(b)(3) of 
the Immigration and Nationality Act (8 U.S.C. 
1231(b)(3)). 
(D) Aliens granted or seeking protection 
under article 3 of the Convention Against Tor-
ture and other Cruel, Inhumane, or Degrading 
Treatment or Punishment, done at New York, 
December 10, 1994. 
(E) Applicants for relief and benefits 
under the Immigration and Nationality Act 
pursuant to the amendments made by the Traf-
ficking Victims Protection Act of 2000 (division 
A of Public Law 106–386; 114 Stat. 1464), in-
cluding applicants for nonimmigrant status 
under subparagraph (T) or (U) of section 
101(a)(15) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)). 
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(F) Applicants for relief and benefits 
under the Immigration and Nationality Act 
pursuant to the amendments made by the Vio-
lence Against Women Act of 2000 (division B 
of Public Law 106–386; 114 Stat. 1491). 
(G) Unaccompanied alien children (as de-
fined by 462(g) of the Homeland Security Act 
of 2002 (6 U.S.C. 279(g)). 
SEC. 172. RECORDING SECONDARY INSPECTION INTER-
VIEWS. 
(a) IN GENERAL.—The Secretary shall establish 
quality assurance procedures to ensure the accuracy and 
verifiability of signed or sworn statements taken by em-
ployees of the Department exercising expedited removal 
authority under section 235(b) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)). 
(b) FACTORS RELATING TO SWORN STATEMENTS.— 
Where practicable, as determined by the sole and 
unreviewable discretion of the Secretary, the quality assur-
ance procedures established pursuant to this section shall 
include taped interviews to ensure the accuracy and 
verifiability of signed or sworn statements taken by em-
ployees of the Department. 
(c) INTERPRETERS.—The Secretary shall ensure that 
a professional fluent interpreter is used when the inter-
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viewing officer does not speak a language understood by 
the alien and there is no other Federal, State, or local 
government employee available who is able to interpret ef-
fectively, accurately, and impartially. 
SEC. 173. PROCEDURES GOVERNING DETENTION DECI-
SIONS. 
Section 236 (8 U.S.C. 1226) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph 
(1)— 
(i) in the first sentence by striking 
‘‘Attorney General’’ and inserting ‘‘Sec-
retary of Homeland Security’’; 
(ii) by striking ‘‘(c)’’ and inserting 
‘‘(d)’’; and 
(iii) in the second sentence by striking 
‘‘Attorney General’’ and inserting ‘‘Sec-
retary’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘Attorney Gen-
eral’’ and inserting ‘‘Secretary’’; and 
(II) by striking ‘‘or’’ at the end; 
(ii) in subparagraph (B), by striking 
‘‘but’’ at the end; and 
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(iii) by inserting after subparagraph 
(B) the following: 
‘‘(C) the alien’s own recognizance; or 
‘‘(D) a secure alternatives program as pro-
vided for in this section; but’’; 
(2) by redesignating subsections (b), (c), (d), 
and (e) as subsections (d), (e), (f), and (h), respec-
tively; 
(3) by inserting after subsection (a) the fol-
lowing new subsections: 
‘‘(b) CUSTODY DECISIONS.— 
‘‘(1) IN GENERAL.—In the case of a decision 
under subsection (a) or (d), the following shall 
apply: 
‘‘(A) The decision shall be made in writing 
and shall be served upon the alien. A decision 
to continue detention without bond or parole 
shall specify in writing the reasons for that de-
cision. 
‘‘(B) The decision shall be served upon the 
alien within 72 hours of the alien’s detention 
or, in the case of an alien subject to section 235 
or 241(a)(5) who must establish a credible fear 
of persecution or a reasonable fear of persecu-
tion or torture in order to proceed in immigra-
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tion court, within 72 hours of a positive credible 
fear of persecution or reasonable fear of perse-
cution or torture determination. 
‘‘(2) CRITERIA TO BE CONSIDERED.—The cri-
teria to be considered by the Secretary and the At-
torney General in making a custody decision shall 
include— 
‘‘(A) whether the alien poses a risk to pub-
lic safety or national security; 
‘‘(B) whether the alien is likely to appear 
for immigration proceedings; and 
‘‘(C) any other relevant factors. 
‘‘(3) CUSTODY
REDETERMINATION.—An alien 
subject to this section may at any time after being 
served with the Secretary’s decision under sub-
sections (a) or (d) request a redetermination of that 
decision by an immigration judge. All decisions by 
the Secretary to detain without bond or parole shall 
be subject to redetermination by an immigration 
judge within 2 weeks from the time the alien was 
served with the decision, unless waived by the alien. 
The alien may request a further redetermination 
upon a showing of a material change in cir-
cumstances since the last redetermination hearing. 
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‘‘(c) EXCEPTION FOR MANDATORY DETENTION.— 
Subsection (b) shall not apply to any alien who is subject 
to 
mandatory 
detention 
under 
section 
235(b)(1)(B)(iii)(IV), 236(c), or 236A or who has a final 
order of removal and has no proceedings pending before 
the Executive Office for Immigration Review.’’; 
(4) in subsection (d), as redesignated— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary’’; and 
(B) by striking ‘‘or parole’’ and inserting 
‘‘, parole, or decision to release;’’; 
(5) in subsection (e), as redesignated— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary’’ each place it appears; and 
(B) in paragraph (2), by inserting ‘‘or for 
humanitarian reasons,’’ after ‘‘such an inves-
tigation,’’; 
(6) in subsection (f), as redesignated— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘Attorney General’’ and inserting 
‘‘Secretary’’; 
(B) in paragraph (1), in subparagraphs 
(A) and (B), by striking ‘‘Service’’ and insert-
ing ‘‘Department of Homeland Security’’; and 
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ccoleman on PROD1PC60 with BILLS
(C) in paragraph (3), by striking ‘‘Service’’ 
and inserting ‘‘Secretary of Homeland Secu-
rity’’; 
(7) by inserting after subsection (f), as redesig-
nated, the following new subparagraph: 
‘‘(g) ADMINISTRATIVE REVIEW.—If an immigration 
judge’s custody decision has been stayed by the action of 
an officer or employee of the Department of Homeland 
Security, the stay shall expire in 30 days, unless the Board 
of Immigration Appeals before that time, and upon mo-
tion, enters an order continuing the stay.’’; and 
(8) in subsection (h), as redesignated— 
(A) by striking ‘‘Attorney General’s’’ and 
inserting ‘‘Secretary of Homeland Security’s’’; 
and 
(B) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary’’. 
SEC. 174. LEGAL ORIENTATION PROGRAM. 
(a) IN GENERAL.—The Attorney General, in con-
sultation with the Secretary, shall ensure that all detained 
aliens in immigration and asylum proceedings receive legal 
orientation through a program administered and imple-
mented by the Executive Office for Immigration Review 
of the Department of Justice. 
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(b) CONTENT OF PROGRAM.—The legal orientation 
program developed pursuant to this section shall be based 
on the Legal Orientation Program carried out by the Ex-
ecutive Office for Immigration Review on the date of the 
enactment of this Act. 
(c) EXPANSION OF LEGAL ASSISTANCE.—The Sec-
retary shall ensure the expansion through the United 
States Citizenship and Immigration Service of public-pri-
vate partnerships that facilitate pro bono counseling and 
legal assistance for asylum seekers awaiting a credible fear 
of persecution interview. The pro bono counseling and 
legal assistance programs developed pursuant to this sub-
section shall be based on the pilot program developed in 
Arlington, Virginia by the United States Citizenship and 
Immigration Service. 
SEC. 175. CONDITIONS OF DETENTION. 
(a) IN GENERAL.—The Secretary shall ensure that 
standards governing conditions and procedures at deten-
tion facilities are fully implemented and enforced, and that 
all detention facilities comply with the standards. 
(b) PROCEDURES AND STANDARDS.—The Secretary 
shall promulgate new standards, or modify existing deten-
tion standards, to improve conditions in detention facili-
ties. The improvements shall address at a minimum the 
following policies and procedures: 
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100 
(1) FAIR AND HUMANE TREATMENT.—Proce-
dures to ensure that detainees are not subject to de-
grading or inhumane treatment such as verbal or 
physical abuse or harassment, sexual abuse or har-
assment, or arbitrary punishment. 
(2) LIMITATIONS ON SHACKLING.—Procedures 
limiting the use of shackling, handcuffing, solitary 
confinement, and strip searches of detainees to situ-
ations where the use of such techniques is neces-
sitated by security interests or other extraordinary 
circumstances. 
(3) INVESTIGATION
OF
GRIEVANCES.—Proce-
dures for the prompt and effective investigation of 
grievances raised by detainees, including review of 
grievances by officials of the Department who do not 
work at the same detention facility where the de-
tainee filing the grievance is detained. 
(4) ACCESS TO TELEPHONES.—Procedures per-
mitting detainees sufficient access to telephones, and 
the ability to contact, free of charge, legal represent-
atives, the immigration courts, the Board of Immi-
gration Appeals, and the Federal courts through 
confidential toll-free numbers. 
(5) LOCATION OF FACILITIES.—Location of de-
tention facilities, to the extent practicable, near 
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101 
sources of free or low-cost legal representation with 
expertise in asylum or immigration law. 
(6) PROCEDURES
GOVERNING
TRANSFERS
OF 
DETAINEES.—Procedures governing the transfer of a 
detainee that take into account— 
(A) the detainee’s access to legal rep-
resentatives; and 
(B) the proximity of the facility to the 
venue of the asylum or removal proceeding. 
(7) QUALITY OF MEDICAL CARE.—Prompt and 
adequate medical care provided at no cost to the de-
tainee, including dental care, eye care, mental health 
care, individual and group counseling, medical die-
tary needs, and other medically necessary specialized 
care. Medical facilities in all detention facilities used 
by the Department shall maintain current accredita-
tion by the National Commission on Correctional 
Health Care (NCCHC). Requirements that each 
medical facility that is not accredited by the Joint 
Commission on the Accreditation of Health Care Or-
ganizations (JCAHO) will seek to obtain such ac-
creditation. Maintenance of complete medical records 
for every detainee which shall be made available 
upon request to a detainee, his legal representative, 
or other authorized individuals. 
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102 
(8) TRANSLATION CAPABILITIES.—The employ-
ment of detention facility staff that, to the extent 
practicable, are qualified in the languages rep-
resented in the population of detainees at a deten-
tion facility, and the provision of alternative trans-
lation services when necessary. 
(9) RECREATIONAL
PROGRAMS
AND
ACTIVI-
TIES.—Daily access to indoor and outdoor rec-
reational programs and activities. 
(c) SPECIAL STANDARDS
FOR NONCRIMINAL DE-
TAINEES.—The Secretary shall promulgate new stand-
ards, or modifications to existing standards, that— 
(1) recognize the special characteristics of non-
criminal, nonviolent detainees, and ensure that pro-
cedures and conditions of detention are appropriate 
for a noncriminal population; and 
(2) ensure that noncriminal detainees are sepa-
rated from inmates with criminal convictions, pre-
trial inmates facing criminal prosecution, and those 
inmates exhibiting violent behavior while in deten-
tion. 
(d) SPECIAL STANDARDS FOR VULNERABLE POPU-
LATIONS.—The Secretary shall promulgate new stand-
ards, or modifications to existing standards, that— 
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103 
(1) recognize the unique needs of asylum seek-
ers, victims of torture and trafficking, families with 
children, detainees who do not speak English, de-
tainees with special religious, cultural or spiritual 
considerations, and other vulnerable populations; 
and 
(2) ensure that procedures and conditions of 
detention are appropriate for the populations listed 
in this subsection. 
(e) TRAINING OF PERSONNEL.— 
(1) IN GENERAL.—The Secretary shall ensure 
that personnel in detention facilities are given spe-
cialized training to better understand and work with 
the population of detainees held at the facilities 
where such personnel work. The training should ad-
dress the unique needs of— 
(A) asylum seekers; 
(B) victims of torture or other trauma; and 
(C) other vulnerable populations. 
(2) SPECIALIZED TRAINING.—The training re-
quired by this subsection shall be designed to better 
enable personnel to work with detainees from dif-
ferent countries, and detainees who cannot speak 
English. The training shall emphasize that many de-
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104 
tainees have no criminal records and are being held 
for civil violations. 
SEC. 176. OFFICE OF DETENTION OVERSIGHT. 
(a) ESTABLISHMENT OF THE OFFICE.— 
(1) IN GENERAL.—There shall be established 
within the Department an Office of Detention Over-
sight (in this section referred to as the ‘‘Office’’). 
(2) HEAD OF THE OFFICE.—There shall be at 
the head of the Office an Administrator who shall be 
appointed by, and shall report to, the Secretary. 
(3) SCHEDULE.—The Office shall be estab-
lished and the Administrator of the Office appointed 
not later than 6 months after the date of enactment 
of this Act. 
(b) RESPONSIBILITIES OF THE OFFICE.— 
(1) INSPECTIONS OF DETENTION CENTERS.— 
The Administrator of the Office shall— 
(A) undertake frequent and unannounced 
inspections of all detention facilities; 
(B) develop a procedure for any detainee 
or the detainee’s representative to file a written 
complaint directly with the Office; and 
(C) report to the Secretary and to the As-
sistant Secretary of Homeland Security for 
United States Immigration and Customs En-
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105 
forcement all findings of a detention facility’s 
noncompliance with detention standards. 
(2) INVESTIGATIONS.—The Administrator of 
the Office shall— 
(A) initiate investigations, as appropriate, 
into allegations of systemic problems at deten-
tion facilities or incidents that constitute seri-
ous violations of detention standards; 
(B) report to the Secretary and the Assist-
ant Secretary of Homeland Security for United 
States Immigration and Customs Enforcement 
the results of all investigations; and 
(C) refer matters, where appropriate, for 
further action to— 
(i) the Department of Justice; 
(ii) the Office of the Inspector Gen-
eral of the Department; 
(iii) the Office of Civil Rights and 
Civil Liberties of the Department; or 
(iv) any other relevant office of agen-
cy. 
(3) REPORT TO CONGRESS.— 
(A) IN GENERAL.—The Administrator of 
the Office shall submit to the Secretary, the 
Committee on the Judiciary and the Committee 
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106 
on Homeland Security and Governmental Af-
fairs of the Senate, and the Committee on the 
Judiciary and the Committee on Homeland Se-
curity of the House of Representatives an an-
nual report on the Administrator’s findings on 
detention conditions and the results of the in-
vestigations carried out by the Administrator. 
(B) CONTENTS OF REPORT.—Each report 
required by subparagraph (A) shall include— 
(i) a description of the actions to rem-
edy findings of noncompliance or other 
problems that are taken by the Secretary 
or the Assistant Secretary of Homeland 
Security for United States Immigration 
and Customs Enforcement, and each de-
tention facility found to be in noncompli-
ance; and 
(ii) information regarding whether 
such actions were successful and resulted 
in compliance with detention standards. 
(4) REVIEW OF COMPLAINTS BY DETAINEES.— 
The Administrator of the Office shall establish pro-
cedures to receive and review complaints of viola-
tions of the detention standards promulgated by the 
Secretary. The procedures shall protect the anonym-
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107 
ity of the claimant, including detainees, employees, 
or others, from retaliation. 
(c) COOPERATION
WITH
OTHER
OFFICES
AND 
AGENCIES.—Whenever appropriate, the Administrator of 
the Office shall cooperate and coordinate its activities 
with— 
(1) the Office of the Inspector General of the 
Department; 
(2) the Office of Civil Rights and Civil Liberties 
of the Department; 
(3) the Privacy Officer of the Department; 
(4) the Civil Rights Division of the Department 
of Justice; or 
(5) any other relevant office or agency. 
SEC. 177. SECURE ALTERNATIVES PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary 
shall establish a secure alternatives program under which 
an alien who has been detained may be released under en-
hanced supervision to prevent the alien from absconding 
and to ensure that the alien makes appearances related 
to such detention. 
(b) PROGRAM REQUIREMENTS.— 
(1) NATIONWIDE IMPLEMENTATION.—The Sec-
retary shall facilitate the development of the secure 
alternatives program on a nationwide basis, as a 
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108 
continuation of existing pilot programs such as the 
Intensive Supervision Appearance Program (ISAP) 
developed by the Department. 
(2) UTILIZATION OF ALTERNATIVES.—The se-
cure alternatives program shall utilize a continuum 
of alternatives based on the alien’s need for super-
vision, including placement of the alien with an indi-
vidual or organizational sponsor, or in a supervised 
group home. 
(3) ALIENS
ELIGIBLE
FOR
SECURE
ALTER-
NATIVES PROGRAM.— 
(A) IN GENERAL.—Aliens who would oth-
erwise be subject to detention based on a con-
sideration of the release criteria in section 
236(b)(2), or who are released pursuant to sec-
tion 236(e)(2), shall be considered for the se-
cure alternatives program. 
(B) DESIGN OF PROGRAMS.—Secure alter-
natives programs shall be designed to ensure 
sufficient supervision of the population de-
scribed in subparagraph (A). 
(4) CONTRACTS.—The Secretary shall enter 
into contracts with qualified nongovernmental enti-
ties to implement the secure alternatives program. 
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109 
(5) OTHER
CONSIDERATIONS.—In designing 
such program, the Secretary shall— 
(A) consult with relevant experts; and 
(B) consider programs that have proven 
successful in the past, including the Appearance 
Assistance Program developed by the Vera In-
stitute and the Intensive Supervision Appear-
ance Program (ISAP) developed by the Depart-
ment. 
SEC. 178. LESS RESTRICTIVE DETENTION FACILITIES. 
(a) CONSTRUCTION.—The Secretary shall facilitate 
the construction or use of secure but less restrictive deten-
tion facilities. 
(b) CRITERIA.—In developing detention facilities pur-
suant to this section, the Secretary shall— 
(1) consider the design, operation, and condi-
tions of existing secure but less restrictive detention 
facilities, such as the Department’s detention facili-
ties in Broward County, Florida, and Berks County, 
Pennsylvania; 
(2) to the extent practicable, construct or use 
detention facilities where— 
(A) movement within and between indoor 
and outdoor areas of the facility is subject to 
minimal restrictions; 
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(B) detainees have ready access to social, 
psychological, and medical services; 
(C) detainees with special needs, including 
those who have experienced trauma or torture, 
have ready access to services and treatment ad-
dressing their needs; 
(D) detainees have ready access to mean-
ingful programmatic and recreational activities; 
(E) detainees are permitted contact visits 
with legal representatives, family members, and 
others; 
(F) detainees have access to private toilet 
and shower facilities; 
(G) prison-style uniforms or jumpsuits are 
not required; and 
(H) special facilities are provided to fami-
lies with children. 
(c) FACILITIES FOR FAMILIES WITH CHILDREN.— 
For situations where release or secure alternatives pro-
grams are not an option, the Secretary shall ensure that 
special detention facilities are specifically designed to 
house parents with their minor children, including ensur-
ing that— 
(1) procedures and conditions of detention are 
appropriate for families with minor children; and 
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