I 
119TH CONGRESS 
1ST SESSION H. R. 6397 
To provide standards for facilities at which aliens in the custody of the 
Department of Homeland Security are detained, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 3, 2025 
Ms. JAYAPAL (for herself, Mr. SMITH of Washington, Ms. ADAMS, Mr. AMO, 
Ms. ANSARI, Ms. BALINT, Ms. BARRAGA´N, Mr. BEYER, Ms. BONAMICI, 
Mr. BOYLE of Pennsylvania, Ms. BROWN, Ms. BROWNLEY, Mr. CARSON, 
Mr. CARTER of Louisiana, Mr. CASAR, Mr. CASTEN, Mr. CASTRO of 
Texas, Mrs. CHERFILUS-MCCORMICK, Ms. CHU, Ms. CLARKE of New 
York, Mr. CLEAVER, Mr. COHEN, Mr. CORREA, Ms. CROCKETT, Mr. 
CROW, Mr. DAVIS of Illinois, Ms. DEAN of Pennsylvania, Ms. DEGETTE, 
Mr. DESAULNIER, Ms. DEXTER, Mrs. DINGELL, Mr. DOGGETT, Ms. 
ESCOBAR, Mr. ESPAILLAT, Mr. EVANS of Pennsylvania, Mrs. FLETCHER, 
Mrs. FOUSHEE, Ms. FRIEDMAN, Mr. FROST, Mr. GARAMENDI, Mr. 
GARCI´A of Illinois, Mr. GARCIA of California, Ms. GARCIA of Texas, Mr. 
GOLDMAN of New York, Mr. GOMEZ, Mr. GREEN of Texas, Mrs. GRI-
JALVA, Mrs. HAYES, Mr. HORSFORD, Ms. HOYLE of Oregon, Mr. 
HUFFMAN, Mr. IVEY, Mr. JACKSON of Illinois, Ms. JACOBS, Mr. JOHN-
SON of Georgia, Ms. JOHNSON of Texas, Ms. KAMLAGER-DOVE, Ms. 
KELLY of Illinois, Mr. KHANNA, Mr. KRISHNAMOORTHI, Ms. LEE of 
Pennsylvania, Ms. LEGER FERNANDEZ, Mr. LEVIN, Mr. LIEU, Ms. LOF-
GREN, Ms. MATSUI, Ms. MCCLELLAN, Ms. MCCOLLUM, Mr. MCGARVEY, 
Mr. MCGOVERN, Mrs. MCIVER, Mr. MEEKS, Mr. MENENDEZ, Ms. MENG, 
Ms. MOORE of Wisconsin, Mr. MOULTON, Mr. MULLIN, Mr. NADLER, 
Mr. NORCROSS, Ms. NORTON, Ms. OCASIO-CORTEZ, Ms. OMAR, Mr. PAL-
LONE, Mr. PANETTA, Ms. PINGREE, Mr. POCAN, Ms. PRESSLEY, Mr. 
QUIGLEY, Mrs. RAMIREZ, Ms. RANDALL, Mr. RASKIN, Ms. RIVAS, Ms. 
ROSS, Mr. RUIZ, Ms. SALINAS, Ms. SA´NCHEZ, Ms. SCANLON, Ms. SCHA-
KOWSKY, Ms. SIMON, Mr. SOTO, Ms. STANSBURY, Ms. STRICKLAND, Mr. 
SWALWELL, Mr. TAKANO, Mr. THANEDAR, Mr. THOMPSON of Mis-
sissippi, Mr. THOMPSON of California, Ms. TITUS, Ms. TLAIB, Ms. 
TOKUDA, Mr. TONKO, Mr. TORRES of New York, Mrs. TRAHAN, Mr. 
VARGAS, Mr. VEASEY, Ms. VELA´ZQUEZ, Ms. WASSERMAN SCHULTZ, Ms. 
WATERS, Mrs. WATSON COLEMAN, Ms. WILLIAMS of Georgia, Ms. WIL-
SON of Florida, Ms. LOIS FRANKEL of Florida, Mr. HERNA´NDEZ, and 
Mrs. SYKES) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Home-
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land Security, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To provide standards for facilities at which aliens in the 
custody of the Department of Homeland Security are 
detained, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Dignity for Detained 
Immigrants Act’’. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that detention, even for 
a short period of time, inflicts severe, irreparable harm 
on children and should be avoided. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on the Judiciary of the 
Senate; 
(B) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
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(C) the Committee on the Judiciary of the 
House of Representatives; and 
(D) the Committee on Homeland Security 
of the House of Representatives. 
(2) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Homeland Security. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
SEC. 4. STANDARDS FOR DEPARTMENT OF HOMELAND SE-
CURITY DETENTION FACILITIES. 
(a) RULEMAKING.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary shall, by 
regulation, establish detention standards for each facility 
at which aliens in the custody of the Department are de-
tained. 
(b) MINIMUM PROTECTION.—The standards estab-
lished under subsection (a) shall provide, at a minimum, 
the level of protections for detainees described in the 
American Bar Association’s Civil Immigration Detention 
Standards (adopted in August 2012, and as modified in 
August 2014). 
(c) BIENNIAL UPDATES.—Not less frequently than 
biennially, the Secretary shall review and update such 
standards, as appropriate. 
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SEC. 5. OVERSIGHT AND TRANSPARENCY. 
(a) PERIODIC INSPECTIONS.— 
(1) IN GENERAL.—On a periodic basis, not less 
frequently than annually, the Inspector General of 
the Department (referred to in this section as the 
‘‘Inspector General’’) shall conduct an unannounced, 
in-person inspection of each facility at which aliens 
in the custody of the Department are detained to en-
sure that each such facility is in compliance with the 
standards established under section 4. 
(2) REPORT.—Not later than 60 days after 
conducting an inspection under paragraph (1), the 
Inspector General shall— 
(A) submit a report to the Secretary con-
taining the results of such inspection; and 
(B) make the report available to the public 
on the internet website of the Department. 
(3) FAILURE TO COMPLY WITH STANDARDS.— 
(A) INITIAL FAILURE.— 
(i) IN
GENERAL.—If the Inspector 
General determines that a facility has 
failed to comply with the standards estab-
lished under section 4 for the first time 
during any 2-year period, and such non-
compliance constitutes a deficiency that 
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threatens the health, safety, or the due 
process rights of detainees— 
(I) the Inspector General shall 
notify the Secretary of such deter-
mination; and 
(II) the Secretary shall— 
(aa) in the case of a facility 
not owned by the Department, 
impose a meaningful fine of not 
less than 10 percent of the value 
of the contract with the facility; 
and 
(bb) in the case of a facility 
owned by the Department— 
(AA) issue a written 
warning to the facility not 
later than 30 days after re-
ceiving 
such 
notification 
from the Inspector General, 
which shall include remedial 
measures to be carried out 
not later than 60 days after 
the issuance of the warning; 
and 
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(BB) not later than 60 
days after the issuance of a 
warning 
under 
subitem 
(AA), certify to the Inspec-
tor General that the reme-
dial measures have been car-
ried out. 
(ii) FOLLOW-UP
INSPECTION.—Not 
later than 180 days after the date on 
which the Inspector General makes a noti-
fication under clause (i)(I), the Inspector 
General shall conduct an in-person inspec-
tion of the facility to determine whether 
the facility has achieved compliance with 
the standards established under section 4. 
(B) SUBSEQUENT FAILURES.—If the In-
spector General determines that a facility has 
failed to comply with the standards established 
under section 4 in 2 or more inspections under 
paragraph (1) during any 2-year period, and 
such noncompliance constitutes a deficiency 
that threatens the health, safety, or the rights 
of detainees— 
(i) the Inspector General shall notify 
the Secretary of such determination; and 
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(ii) the Secretary shall— 
(I) in the case of a facility not 
owned by the Department— 
(aa) not later than 30 days 
after receiving such notification, 
transfer each detainee to a facil-
ity that does so comply; 
(bb) terminate the contract 
with the owner or operator of the 
facility; and 
(cc) ensure that no funds 
made available to the Depart-
ment be used to continue such 
contract; and 
(II) in the case of a facility 
owned by the Department— 
(aa) not later than 60 days 
after receiving such notification, 
transfer each detainee to a facil-
ity that does so comply; and 
(bb) suspend the use of such 
facility until such time as the In-
spector General— 
(AA) certifies to the 
Secretary that the facility is 
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in compliance with such 
standards; and 
(BB) makes available 
to the public on the internet 
website of the Department 
information relating to the 
remedial measures taken. 
(b) DEATHS IN CUSTODY.— 
(1) NOTIFICATION.—Not later than 24 hours 
after the death of an alien in the custody of the De-
partment, the Secretary shall notify the appropriate 
committees of Congress of such death. 
(2) INVESTIGATIONS.— 
(A) IN GENERAL.—Not later than 30 days 
after the death of an alien in the custody of the 
Department, the Secretary shall conduct an in-
vestigation into such death, which shall include 
a root cause analysis that identifies any 
changes to policies, practices, training curricula, 
staffing, or potential system-wide errors that 
may reduce the probability of such an event in 
the future. 
(B) ROOT
CAUSE
ANALYSIS.—Each root 
cause analysis required by subparagraph (A) 
shall be carried out— 
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(i) by appropriately qualified per-
sonnel, including 1 or more medical profes-
sionals qualified in a field relevant to the 
death; and 
(ii) in accordance with professional 
medical standards for investigating sentinel 
events in medical care facilities, including 
the Sentinel Event Policy promulgated by 
The Joint Commission. 
(C) PUBLIC REPORT.—Not later than 60 
days after such a death, the Secretary shall— 
(i) issue a full report describing the 
results of the investigation required by 
subparagraph (A); and 
(ii) make the report available to the 
public on the internet website of the De-
partment. 
(D) REVIEW BY INSPECTOR GENERAL.— 
Not later than 90 days after the death of an 
alien in the custody of the Department, the In-
spector General shall conduct a review of the 
report issued under subparagraph (C) with re-
spect to such death. 
(3) DEFINITION OF DEATH OF AN ALIEN IN 
THE
CUSTODY
OF
THE
DEPARTMENT.—The term 
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‘‘death of an alien in the custody of the Depart-
ment’’ means the death of an alien occurring while 
the alien is under the supervision of the Depart-
ment, regardless of— 
(A) the location of the death; or 
(B) whether the death may have resulted 
from a health problem that existed before or 
during, or was exacerbated by, the detention of 
the alien. 
(c) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not less frequently than an-
nually, the Secretary shall submit to the appropriate 
committees of Congress a report on the inspections 
and oversight of facilities at which aliens in the cus-
tody of the Department are detained. 
(2) ELEMENTS.—Each report required by para-
graph (1) shall include, for the preceding year— 
(A) a list of each detention facility found 
by the Inspector General to be in noncompli-
ance with the standards established under sec-
tion 4; 
(B) for each such facility, a description of 
the remedial actions taken, or planned to be 
taken, by the Secretary so as to achieve compli-
ance with such standards; and 
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(C) a determination as to whether such re-
medial actions have succeeded in bringing the 
facility into compliance with such standards. 
(d) CLASSIFICATION OF DOCUMENTS FOR PURPOSES 
OF FOIA.—The reports required by subsections (a)(2) 
and (b)(2)(C), and any contract between the Department 
and a private or public entity that provides for the use 
of a facility not owned by the Department to detain aliens 
in the custody of the Department, are considered records 
for purposes of section 552 of title 5, United States Code, 
and do not qualify for the exception under subsection 
(b)(4) of such section. 
(e) FACILITIES MATRIX.— 
(1) IN
GENERAL.—On the first day of each 
month, the Secretary shall ensure that a publicly ac-
cessible internet website of the Department contains 
the information described in paragraph (2) for each 
facility at which aliens in the custody of the Depart-
ment are detained. 
(2) ELEMENTS.—The information referred to in 
paragraph (1) is, for each such facility, the fol-
lowing: 
(A) The name and location of the facility. 
(B) Whether the facility houses adults, 
children, or both. 
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(C) The number of beds available in the 
facility on the last day of the preceding month, 
disaggregated by gender. 
(D) The total number of aliens detained in 
the facility on the last day of the preceding 
month, disaggregated by gender and classifica-
tion as a child or as an adult. 
(E) Whether the facility is used to detain 
aliens for longer than 72 hours. 
(F) Whether the facility is used to detain 
aliens for longer than 7 days. 
(G) The average number of aliens detained 
in the facility during the current year and dur-
ing the preceding month, disaggregated by gen-
der and classification as a child or as an adult. 
(H) Whether the facility is in compliance 
with the standards established under section 4. 
(I) In the case of a facility not owned by 
the Department, a description of the nature of 
the contract providing for the detention of 
aliens at the facility. 
(J) The average, median, 25th quartile, 
and 50th quartile number of days that an alien 
has been detained at the facility during the pre-
ceding month. 
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(f) ONLINE DETAINEE LOCATOR SYSTEM.—The Sec-
retary shall ensure that the online detainee locator system 
maintained by the Department, or any successor system, 
is updated not later than 12 hours after an alien is— 
(1) taken into, or released from, custody by the 
Department; 
(2) transferred to, or detained in, a detention 
facility; or 
(3) removed from the United States. 
(g) INFORMATION COLLECTED
AND MAINTAINED 
FOR ALIENS IN DHS CUSTODY.—The Secretary shall col-
lect and maintain, for each alien in the custody of the De-
partment, the following information: 
(1) The gender and age of the alien. 
(2) The date on which the alien was taken into 
such custody. 
(3) The country of nationality of the alien. 
(4) Whether the alien is considered a vulnerable 
person (as such term is defined in section 236(c)(5) 
of the Immigration and Nationality Act, as amended 
by section 9) or a primary caregiver. 
(5) The provision of law pursuant to which the 
Secretary is authorized to detain the alien. 
(6) The name of the facility in which the alien 
is detained. 
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(7) With respect to any transfer of the alien to 
another detention facility— 
(A) a description of the transfer of the 
alien to the other detention facility; 
(B) the reason for the transfer; and 
(C) in the case of a transfer effectuated 
despite presence of the alien’s legal counsel or 
immediate relative in the jurisdiction of the 
original detention facility, a justification for 
such transfer. 
(8) The status and basis of any removal pro-
ceedings of which the alien is the subject. 
(9) The initial custody determination made by 
U.S. Immigration and Customs Enforcement, in-
cluding any review of such determination. 
(10) The date of the alien’s release or removal, 
and the reason for such release or removal, as appli-
cable. 
(11) Whether the alien is subject to a final 
order of removal. 
(12) Whether the alien was apprehended as 
part of a family unit. 
(13) Whether the alien was separated from a 
family unit at the border or in the interior of the 
United States. 
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SEC. 6. CIVIL ACTIONS. 
(a) CIVIL ACTION FOR VIOLATION OF STANDARDS.— 
(1) IN GENERAL.—An individual detained in a 
facility required to comply with the standards estab-
lished under section 4 who is injured as a result of 
a violation of such standards may file a claim in the 
appropriate district court of the United States. 
(2) RECOVERY.—In a civil action under this 
subsection, the court may order injunctive relief and 
compensatory damages, and may award the pre-
vailing party reasonable attorney fees, and costs. 
SEC. 7. DETENTION FACILITY CONSTRUCTION AND MAIN-
TENANCE. 
(a) RESTRICTION ON CONSTRUCTION.— 
(1) IN GENERAL.—Not later than 180 days be-
fore initiating, or entering into a contract for, the 
construction of a new facility or the expansion of an 
existing facility for the detention of aliens in the 
custody of the Department, the Secretary shall sub-
mit to the appropriate committees of Congress a no-
tification of the plan to construct or expand such fa-
cility, including— 
(A) the location, size, and capacity of such 
facility; 
(B) the anticipated timeline and cost of 
constructing or expanding such facility; and 
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(C) the intended population to be detained 
at such facility, including the gender and ages 
of such population. 
(2) 
PUBLIC
AVAILABILITY.—The 
Secretary 
shall make the information described in paragraph 
(1) available to the public on the internet website of 
the Department. 
(b) PHASE-OUT OF PRIVATE DETENTION FACILITIES 
AND USE OF JAILS.— 
(1) SECURE DETENTION FACILITIES.— 
(A) IN GENERAL.—The Secretary— 
(i) may not enter into or extend any 
contract or agreement with any public or 
private for-profit entity that owns or oper-
ates a detention facility for use of such fa-
cility to detain aliens in the custody of the 
Department; and 
(ii) shall terminate any contract or 
agreement described in clause (i) not later 
than the date that is 3 years after the date 
of the enactment of this Act. 
(B) OWNERSHIP
REQUIREMENT.—Begin-
ning on the date that is 3 years after the date 
of the enactment of this Act, any facility at 
which aliens in the custody of the Department 
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are detained shall be owned and operated by 
the Department. 
(2) 
ALTERNATIVES
TO
DETENTION
PRO-
GRAMS.— 
(A) IN GENERAL.—The Secretary— 
(i) may not enter into or extend any 
contract or agreement with any public or 
private for-profit entity for the operation 
of a program or the use of a facility for 
nonresidential, detention-related activities 
for aliens who are subject to monitoring by 
the Department; and 
(ii) shall terminate any contract or 
agreement described in clause (i) not later 
than the date that is 3 years after the date 
of the enactment of this Act. 
(B) OWNERSHIP
AND
OPERATION
RE-
QUIREMENT.—Beginning on the date that is 3 
years after the date of the enactment of this 
Act, any program or facility used for the activi-
ties described in subparagraph (A)(i) shall be 
owned and operated by a nonprofit organization 
or the Department. 
(3) IMPLEMENTATION
PLAN.—Not later than 
60 days after the date of the enactment of this Act, 
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the Secretary shall develop, and make publicly avail-
able, a plan and timeline for the implementation of 
this subsection. 
(c) FACILITY REQUIREMENT.—The Secretary shall 
ensure that each facility for the detention of aliens has 
a visitor waiting and security screening area that is indoor 
and climate-controlled. 
SEC. 8. APPEARANCE OF DETAINED ALIENS FOR OTHER 
LEGAL MATTERS. 
The Secretary shall establish rules to ensure that any 
alien detained in the custody of the Department who is 
required to appear in Federal or State court (including 
family court) for another matter is transported by an offi-
cer or employee of the Department to such court pro-
ceeding. 
SEC. 9. PROCEDURES FOR DETAINING ALIENS. 
(a) PROBABLE CAUSE AND CUSTODY DETERMINA-
TION HEARINGS.—Section 236 of the Immigration and 
Nationality Act (8 U.S.C. 1226) is amended to read as 
follows: 
‘‘APPREHENSION AND DETENTION OF ALIENS 
‘‘SEC. 236. (a) ARREST, DETENTION, AND RE-
LEASE.— 
‘‘(1) IN GENERAL.—On a warrant issued by an 
immigration judge, or pursuant to section 287(a)(2), 
the Secretary of Homeland Security may arrest an 
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alien, and in accordance with this section, detain the 
alien or release the alien on bond, subject to condi-
tions, or recognizance, pending a decision on wheth-
er the alien is to be removed from the United States. 
‘‘(2) EXEMPTION FOR UNACCOMPANIED ALIEN 
CHILDREN.— 
‘‘(A) IN GENERAL.—This section shall not 
apply to unaccompanied alien children (as de-
fined in section 462(g)(2) of the Homeland Se-
curity Act of 2002 (6 U.S.C. 279(g)(2))). 
‘‘(B) TRANSFER OF CUSTODY.—Any unac-
companied alien child in the custody of the Sec-
retary of Homeland Security shall be trans-
ferred to the custody of the Secretary of Health 
and Human Services pursuant to section 
235(b)(3) of the William Wilberforce Traf-
ficking Victims Protection Reauthorization Act 
of 2008 (8 U.S.C. 1232(b)(3)). 
‘‘(b) BOND DETERMINATION.— 
‘‘(1) IN GENERAL.—An immigration judge who 
releases an alien on bond under this section shall— 
‘‘(A) consider, for purposes of setting the 
amount of the bond, the alien’s financial posi-
tion and ability to pay the bond without impos-
ing financial hardship on the alien; and 
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