I 
113TH CONGRESS 
1ST SESSION 
H. R. 639 
To reform immigration detention procedures, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2013 
Ms. ROYBAL-ALLARD introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Home-
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 reform immigration detention procedures, 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 ‘‘Immigration Oversight 
and Fairness Act’’. 
SEC. 2. DETENTION CONDITIONS. 
(a) DETENTION REQUIREMENTS.—All detention fa-
cilities shall fully comply with the following minimum re-
quirements: 
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(1) ACCESS TO TELEPHONES.—Detention facili-
ties shall provide to detainees reasonable and equi-
table access to working telephones, and the ability to 
contact, free of charge, legal representatives, foreign 
consulates, the immigration courts, the Board of Im-
migration Appeals, and the Federal courts, in addi-
tion to persons and offices contacted for the purpose 
of obtaining legal representation. Detention facilities 
shall provide to detainees access to telephones dur-
ing facility working hours and on an emergency 
basis in accordance with the following: 
(A) The detention facility shall provide to 
each detainee a copy of its rules governing tele-
phone access and shall post those rules, to-
gether with an explanation of how to make 
calls, within sight of each telephone available to 
detainees. These rules shall be translated into 
Spanish and two additional languages spoken 
by a substantial part of the detainee population 
of the detention facility. If a detention facility 
has determined that more than 5 percent of its 
population is a certain ethnicity, the document 
should be translated into that ethnicity’s appro-
priate language. The detention facility shall also 
provide oral interpretation and written trans-
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lation assistance to detainees in reading any 
relevant materials required to request telephone 
access, including oral interpretation assistance 
for those who are not literate in English, Span-
ish, and other languages spoken by the detainee 
population of the facility. 
(B) The rates charged for telephone calls 
shall be reasonable and equitable and shall not 
significantly impair detainees’ access to tele-
phones. 
(C) 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 nec-
essary for security reasons. The detention facil-
ity shall have a reasonable number of working 
phones available to detainees, and at a min-
imum one phone per each 25 users. 
(D) The detention facility shall ensure the 
privacy of telephone conversations between de-
tainees and legal representatives or consular of-
ficials, and calls made for the purpose of ob-
taining legal representation. Means to ensure 
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privacy may include the use of privacy panels, 
the placement of phones in housing pods, and 
other appropriate measures. 
(E) Detainees’ telephone calls to a court, 
legal representative, or consular official, or for 
the purpose of obtaining legal representation, 
shall not be monitored or recorded without a 
court order and without prior notification to the 
detainee. 
(F) The detention facility shall take and 
deliver telephone messages to detainees as 
promptly as possible, 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 
reasonably possible after the delivery of the 
message. 
(2) QUALITY OF MEDICAL CARE.—Detention fa-
cilities shall afford a continuum of prompt, high- 
quality medical care, including care to address med-
ical needs that existed prior to detention, at no cost 
to detainees. Such medical care shall address all de-
tainee health needs and shall include chronic care, 
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dental care, eye care, mental health care, individual 
and group counseling, medical dietary needs, and 
other medically necessary specialized care in accord-
ance with the following: 
(A) All detention facilities shall maintain 
current accreditation by the National Commis-
sion on Correctional Health Care and the Joint 
Commission on the Accreditation of Health 
Care Organizations. Detention facilities that are 
not accredited as of the date of the enactment 
of this Act will obtain such accreditation within 
one year, and if accreditation is not obtained by 
that time the Secretary of Homeland Security 
shall cease use of the facility. All standards, 
policies and practices shall at a minimum com-
ply with the National Commission on Correc-
tional Health Care Standards for Health Serv-
ices in Jails. 
(B) All detention facilities shall have a des-
ignated on-site health authority who is a physi-
cian, a health services administrator, or a 
health agency. Clinical decisions shall be made 
solely by a licensed health care provider. 
(C) Each immigration detainee shall re-
ceive a comprehensive medical and mental 
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health intake screening by a qualified health 
care professional upon arrival at the facility and 
each immigration detainee shall receive a com-
prehensive medical and mental health examina-
tion and assessment by a qualified health care 
professional not later than 14 days after ar-
rival. 
(D) Any decision to deny requested med-
ical care or treatment, or care or treatment rec-
ommended by any outside physician or spe-
cialist, to a detainee shall be made within 72 
hours or earlier if medically necessary and shall 
be accompanied by a written explanation of the 
reasons for the denial. This decision and the 
written explanation of the decision shall be si-
multaneously communicated to the detainee and 
to the Secretary of Homeland Security. 
(E) Detainees shall be afforded an oppor-
tunity to obtain an appeal of any decisions de-
nying a request for medical treatment. Such an 
appeal or request for reconsideration shall be 
resolved in writing within 7 days or earlier if 
medically necessary by an appeals board that 
shall be composed of independent health care 
professionals in the fields relevant to the re-
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quest for medical or mental health care. The 
written decision shall be conveyed to the on-site 
medical provider and the immigration detainee 
within 24 hours of a decision by the appeals 
board. 
(F) Except in emergency situations where 
informed consent cannot reasonably be ob-
tained, medical care and treatment shall be pro-
vided only with the informed consent of the de-
tainee or a person authorized by the detainee or 
applicable law to provide such consent. 
(G) Involuntary psychotropic medication 
may be used only if allowed by applicable law 
and then only in emergency situations when a 
physician has determined, after personally ex-
amining the patient, that— 
(i) a detainee is imminently dangerous 
to self or others due to a mental illness; 
and 
(ii) involuntary psychotropic medica-
tion is medically appropriate to treat the 
mental illness and necessary to prevent 
harm. If a detainee is represented by coun-
sel, the administration of any psychotropic 
drug to the detainee shall be disclosed to 
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the detainee’s counsel promptly and in any 
event within a reasonable time prior to any 
hearing in which the detainee will appear. 
If a detainee is not represented by counsel, the 
administration of any psychotropic drug to the 
detainee shall, with the informed consent of the 
detainee, be disclosed to the Immigration Court 
prior to any hearing in which the detainee will 
appear. Any disclosure to the court by any per-
son of the administration of a psychotropic 
drug to the detainee shall be filed under seal 
and may be disclosed to other persons only in 
the same manner and to the same extent that 
medical records may be disclosed. Any detainee 
who receives medication pursuant to this sub-
paragraph must be afforded a hearing pursuant 
to the procedures set forth in 28 CFR 549.43, 
as described in Washington v. Harper, 494 U.S. 
210 (1990), before the detainee may receive 
medication again under this subparagraph. 
(H) No drugs of any kind shall be admin-
istered to detainees without their informed con-
sent for the purpose of sedation or controlling 
the detainee’s behavior during transportation or 
removal or for the purpose of punishment. 
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(I) All detention facilities shall maintain 
complete medical records for every detainee, 
which shall be made available within 72 hours 
to any detention facility to which the detainee 
may be transferred. Medical records shall also 
be made available within 72 hours to a de-
tainee, his legal representative, or other author-
ized individuals upon request by the detainee. 
Any and all medical and mental health records 
of a detainee shall be treated as confidential, as 
required by the Health Insurance Portability 
and Accountability Act of 1996. 
(J) For each fiscal year after the passage 
of this Act, the Secretary of Homeland Security 
shall report to the Congress on a semiannual 
basis, and to Department of Homeland Security 
Office of Inspector General within 48 hours of 
any in-custody death, information regarding the 
death of any person who is in the custody of 
U.S. Immigration and Customs Enforcement 
that, at a minimum, includes— 
(i) the name, gender, national origin, 
alien number, and age of the deceased; 
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(ii) the date on which detention in 
U.S. Immigration and Customs Enforce-
ment custody commenced; 
(iii) the date and location of death; 
(iv) the location of last detention; 
(v) a brief description of the cir-
cumstances surrounding the death; 
(vi) the status and results of any in-
vestigation(s) that has been conducted into 
the circumstances surrounding the death; 
(vii) each location where the indi-
vidual was held in U.S. Immigration and 
Customs Enforcement custody or the cus-
tody of an entity contracting with U.S. Im-
migration and Customs Enforcement and 
the dates during which the individual was 
held at each location; and 
(viii) all medical records of the de-
ceased. 
(K) All detainee transfers shall take into 
consideration the detainee’s health and medical 
fitness. Continuity of care shall be preserved 
during and after transfers, and detainees shall 
suffer no interruption in the provision of treat-
ment, including prescription medication. 
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(3) SEXUAL ABUSE REGULATIONS CONCERNING 
CARE AND CUSTODY OF DETAINEES.— 
(A) IN
GENERAL.—Detention facilities 
shall take all necessary measures to prevent 
sexual abuse of detainees, including sexual as-
saults, and shall observe the minimum stand-
ards under the Prison Rape Elimination Act of 
2003 (42 U.S.C. 15601 et seq.). 
(B) MEASURES WHERE ABUSE OCCURS.— 
Where sexual abuse occurs, detention facilities 
shall ensure that— 
(i) prompt and appropriate medical 
intervention is taken to minimize medical 
and psychological trauma; 
(ii) a medical history is taken and a 
physical examination is conducted by quali-
fied and culturally appropriate medical 
professionals to determine the extent of 
physical injury and whether referral to an-
other medical facility is indicated; 
(iii) prophylactic treatment, emer-
gency contraception, and follow-up for sex-
ually transmitted diseases are provided; 
(iv) the case is evaluated by a quali-
fied mental health professional for crisis 
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intervention counseling and long-term fol-
low-up; 
(v) victims are separated from their 
abusers and are considered for release on 
parole or for an alternative to detention 
program; and 
(vi) 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. 
(C) REPORTING.—A detention facility shall 
not subject any person to punishment or any 
other form of retaliation for reporting incidents 
of sexual abuse. 
(D) INVESTIGATION.—In all cases of al-
leged 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 attention of the de-
tention facility, the detention facility shall sub-
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mit to the Secretary of Homeland Security a 
description of the status of the investigation 
and an estimated date of completion 30 days 
after the alleged sexual abuse comes to the at-
tention 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 min-
imum a determination of whether 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 
whether and to what extent the alleged abuse 
indicates a failure of policy, a failure of train-
ing, a failure of oversight, or a failure of man-
agement, and a description of the actions that 
the facility will take to prevent the occurrence 
of similar incidents in the future and a plan for 
monitoring the implementation of those actions. 
The detention facility shall provide to the Sec-
retary of Homeland Security periodic reports 
monitoring the implementation of the plan in 
accordance with the schedule set forth in such 
plan as approved by the Secretary of Homeland 
Security. 
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(4) TRANSFER OF DETAINEES.— 
(A) PROCEDURES.—In adopting proce-
dures governing the transfer of individuals de-
tained under section 236 of the Immigration 
and Nationality Act (8 U.S.C. 1226), and sub-
ject to the exception in subparagraph (D), the 
Secretary of Homeland Security shall promul-
gate regulations prohibiting transfer of a de-
tainee if such transfer would— 
(i) negatively affect an existing attor-
ney-client relationship; 
(ii) negatively affect the detainee’s 
legal proceedings, including merits or cal-
endar hearings, or a pending application 
with United States Citizenship and Immi-
gration Services or the Executive Office for 
Immigration Review, by— 
(I) limiting the detainee’s access 
to securing 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; 
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(iii) negatively affect the detainee’s 
health and medical fitness; or 
(iv) to the extent it does not conflict 
with clauses (i), (ii), and (iii)— 
(I) place the detainee in a loca-
tion more distant from the detainee’s 
residence than the original detention 
location; or 
(II) place the detainee in a loca-
tion more distant from family mem-
bers than the original detention loca-
tion. 
(B) 
NOTICE.—Unless 
exigent 
cir-
cumstances dictate an immediate transfer— 
(i) the Secretary of Homeland Secu-
rity shall provide not less than 72 hours 
notice to any detainee prior to transferring 
the detainee to another detention facility; 
(ii) detainees shall be afforded at least 
one toll-free call following any transfer, 
and within 24 hours after the detainee’s 
arrival at the transferee facility, the Sec-
retary of Homeland Security shall notify 
the detainee’s legal representative or if un-
represented, an adult family member or 
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other person designated by the detainee, of 
the transfer and the detainee’s new loca-
tion; 
(iii) if removal proceedings are pend-
ing, the Secretary of Homeland Security 
shall also promptly notify the Immigration 
Court, Board of Immigration Appeals, or 
the Circuit Court of Appeals, as appro-
priate of the transfer and the detainee’s 
new address; and 
(iv) the Secretary of Homeland Secu-
rity shall not transfer any detainee who 
has already requested, and is awaiting, a 
bond hearing or a bond redetermination 
hearing. 
(C) 
EXCEPTION.—The 
Secretary 
may 
transfer a detainee who has an existing attor-
ney-client relationship to an alternate detention 
facility if such transfer is necessitated by a 
highly unusual emergency, such as a natural 
disaster or comparable emergency. 
(D) 
PROTECTING
DETAINEES
LEGAL 
RIGHTS.—If the Secretary determines that a 
transfer is necessary due to a highly unusual 
emergency, the Secretary shall ensure that the 
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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 proximity to 
the detainee’s counsel or nongovernmental or 
pro bono organizations providing free or low 
cost immigration legal services. 
(E) RECORD.—In cases in which a de-
tainee is transferred, the Secretary shall make 
a record of the reasons and circumstances ne-
cessitating such transfer. 
(5) NOTICE.— 
(A) IN GENERAL.—Section 236 of the Im-
migration and Nationality Act (8 U.S.C. 1226) 
is amended by adding at the end the following: 
‘‘(f) NOTICE.—The Secretary of Homeland Security 
shall file the notice to appear or other relevant charging 
document with the immigration court and serve such no-
tice on every alien detained under this Act, within 48 
hours of the detention of such alien. Any alien, held for 
more than 48 hours shall be brought before an immigra-
tion judge for a custody determination within 72 hours 
of the arrest or detention of such alien. The requirements 
of this provision may be tolled for no more than 30 days 
upon request from an alien who demonstrates prima facie 
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eligibility for affirmative relief. The Secretary of Home-
land Security shall— 
‘‘(1) document when a notice to appear is 
served on a detainee in order to determine compli-
ance by the Secretary of Homeland Security with 
the 48-hour notice requirement; and 
‘‘(2) submit to the Committees on the Judiciary 
of the Senate and the House of Representatives an 
annual report concerning the Secretary of Homeland 
Security’s compliance with such notice require-
ment.’’. 
(B) APPLICABILITY
OF
OTHER
LAW.— 
Nothing in section 236(f) of the Immigration 
and Nationality Act, as added by subparagraph 
(A), shall be construed to repeal section 236A 
of such Act (8 U.S.C. 1226a). 
(b) REGULATIONS CONCERNING CARE AND CUSTODY 
OF DETAINEES.— 
(1) RULEMAKING.—The Secretary of Homeland 
Security shall promulgate new rules, or modify exist-
ing rules, based on the report of the detention advi-
sory committee established under paragraph (2), to 
ensure detainees are treated humanely and held in 
the least restrictive setting necessary for their safety 
and to ensure compliance with the general minimum 
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requirements set forth in paragraph (3), standards 
regarding classification of detainees set forth in 
paragraph (4), and the special standards for vulner-
able populations set forth in paragraph (5). Such 
rules shall apply to all facilities in which the Sec-
retary of Homeland Security detains noncitizens, in-
cluding Service Processing Centers, Contract Deten-
tion Facilities, State or local government facilities 
used by Detention and Removal Operations through 
Intergovernmental Service Agreements, Bureau of 
Prisons facilities, and any other temporary or per-
manent facility used to hold detainees. The rules re-
quired under this paragraph shall be promulgated 
not later than 1 year after the Secretary of Home-
land Security receives the report of the detention ad-
visory committee established under paragraph (2), 
or 1 year after such report is due, whichever is ear-
lier. 
(2) DETENTION
ADVISORY
COMMITTEE.—The 
Secretary of Homeland Security shall convene, and 
receive a report from a detention advisory committee 
comprised of experts from U.S. Immigration and 
Customs Enforcement, U.S. Customs and Border 
Protection, the Office of Refugee Resettlement, and 
Division of Immigration Health Services in the De-
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partment of Health and Human Services, and an 
equal number of independent experts from non-
governmental organizations and intergovernmental 
organizations with expertise in working on behalf of 
aliens detained under immigration laws and vulner-
able populations. The independent experts shall at a 
minimum include representatives of the American 
Bar Association and the United Nations High Com-
missioner for Refugees. The detention advisory com-
mittee shall review and revise all the guidelines 
found in the Secretary of Homeland Security’s De-
tention Operations Manual, as amended, based on 
identifiable deficiencies and best practices that treat 
aliens both safely and humanely. The detention advi-
sory committee shall submit a report to the Sec-
retary of Homeland Security within 12 months after 
the date of the enactment of this Act. For good 
cause, the Secretary of Homeland Security may ex-
tend the time for submission of the advisory commit-
tees report for an additional six months. 
(3) TRAINING.—The Secretary of Homeland 
Security shall develop and implement a training pro-
tocol for all personnel in all facilities in which non-
citizens are detained. The training protocol shall in-
clude periodic updates to initial comprehensive train-
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ing. The Secretary shall monitor the implementation 
of the protocol annually and shall ensure that all 
personnel who are required to be trained under the 
protocol have received the necessary training. The 
protocol shall include— 
(A) an overview of immigration detention 
and the characteristics of the noncitizen de-
tainee population; 
(B) an overview of the detention stand-
ards; 
(C) specific guidance on each of the deten-
tion standards; and 
(D) a description of the Secretary’s quality 
assurance procedures. 
(4) GENERAL MINIMUM REQUIREMENTS.—The 
Secretary of Homeland Security’s rules regarding 
conditions of detention shall ensure that the fol-
lowing requirements are met: 
(A) FAIR AND HUMANE TREATMENT.—De-
tainees shall not be subject to cruel, degrading 
or inhumane treatment such as verbal or phys-
ical abuse or harassment, sexual abuse or har-
assment, or arbitrary punishment. 
(B) USE OF FORCE AND RESTRAINTS.— 
Detainees shall not be subjected to shackling, 
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handcuffing, solitary confinement, Tasers, elec-
tric shields, restraint chairs, or strip searches 
unless and to the extent that such techniques 
are necessary to ensure the security of other de-
tainees, staff, or the public and where no less 
coercive or degrading measures are available to 
achieve that end. These techniques shall in no 
event be used for the purpose of humiliating de-
tainees either within or outside the detention 
facility. Detention facilities shall adopt written 
policies pertaining to the use of force and the 
use of restraints, and shall train all staff on the 
proper use of such devices. 
(C) INVESTIGATION OF GRIEVANCES.—De-
tainees shall have the right to prompt, effective, 
transparent, and impartial grievance proce-
dures. Such procedures shall include review of 
grievances by officials of the Department of 
Homeland Security who do not work at the 
same detention facility where the detainee filing 
the grievance is detained in accordance with the 
following: 
(i) An otherwise valid grievance shall 
not be denied for noncompliance with a 
procedural requirement if such noncompli-
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ance is due to ignorance, fear, excusable 
neglect or other reasonable cause. 
(ii) Detainees shall be afforded the 
opportunity to complain to staff of U.S. 
Immigration and Customs Enforcement di-
rectly and confidentially, outside the griev-
ance process. 
(iii) Detainees shall not be subject to 
retaliation for making use of the grievance 
procedure or procedure for complaining di-
rectly to staff of U.S. Immigration and 
Customs Enforcement. 
(iv) Detention facilities shall orally in-
form detainees of the grievance procedure 
and the procedure for complaining directly 
to staff of U.S. Immigration and Customs 
Enforcement and shall provide to every de-
tainee a copy of those procedures within 24 
hours after admission. The detention facil-
ity shall provide oral interpretation and 
written translation assistance to detainees 
in completing any grievance or complaint 
forms or other relevant materials required 
to comply with grievance procedures. 
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(v) Detention facilities shall make an 
annual report regarding the grievances re-
ceived, the responses made, and the time 
period for response, and such report shall 
be submitted to the Secretary of Homeland 
Security on January 31 of each year. 
(vi) All grievances shall be inves-
tigated. 
(D) LOCATION OF FACILITIES.—Detention 
facilities shall be located, to the extent prac-
ticable, within 50 miles of a city or municipality 
in which there is a demonstrated capacity to 
provide competent legal representation by non-
profit legal aid organizations or other pro bono 
attorneys to detained noncitizens, including asy-
lum seekers and other vulnerable immigrant 
populations. The Secretary of Homeland Secu-
rity shall seek to use only facilities within the 
stated 50-mile radius by January 1, 2014. 
(E) ACCESS TO LEGAL MATERIALS.—De-
tainees shall have available an on-site law li-
brary with sufficient space to facilitate detain-
ees’ legal research and preparation of docu-
ments. The law library’s holdings shall include 
up-to-date copies of legal materials designated 
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by the Secretary of Homeland Security, includ-
ing immigration law materials. The law library 
shall be provided with adequate equipment for 
legal research and the preparation of legal doc-
uments. Such equipment shall include, at a 
minimum, computers, printers, typewriters, and 
copiers. Information regarding the availability 
of the library, procedures for requesting its use, 
and instruction on the use of the library and li-
brary equipment shall be provided to all detain-
ees at the time of admission into the detention 
facility, and shall be posted in the law library 
together with a list of the library’s holdings. 
The detention facility will make available to de-
tainees any assistance that may be necessary to 
allow detainees to use the library effectively and 
shall provide special assistance as the Secretary 
of Homeland Security may prescribe to detain-
ees who are not literate in English. Library 
services, including access to databases and 
printing and copying, shall be provided without 
charge to detainees. 
(F) LEGAL VISITS.— 
(i) IN
GENERAL.—Legal visits shall 
not be restricted absent narrowly defined 
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exceptional circumstances, including a nat-
ural disaster or comparable emergency be-
yond the control of the Secretary of Home-
land Security. 
(ii) PROCEDURES.—Detainees shall be 
entitled to private meetings with their cur-
rent or prospective legal representatives or 
their legal assistants. Interpreters shall be 
allowed to accompany legal representatives 
and legal assistants on legal visits subject 
to appropriate security procedures. Legal 
visits shall be permitted a minimum of 8 
hours per day on regular business days 
and 4 hours per day on weekends and holi-
days, except that if lack of space for inter-
views at the detention facility, the conduct 
of immigration hearings on site, or other 
factors lead to excessive delay between the 
time the legal representative is ready to 
visit the detainee and the time space be-
comes available, the Secretary of Home-
land Security shall require such additional 
time for legal visits or other measures as 
may be sufficient to avoid excessive delay. 
Excessive delay for purposes of this para-
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graph is delay of 2 hours or more, occur-
ring more than 2 times per month over a 
12-month period. Detention facilities shall 
maintain a procedure allowing legal rep-
resentatives and legal assistants to call 
ahead to determine if a detainee is held at 
that facility, and they shall take messages 
from legal representatives and promptly 
deliver them to the detainee. Messengers, 
including individuals who are not attor-
neys, legal representatives, or legal assist-
ants, shall be permitted to deliver docu-
ments for detainees to and from the facil-
ity. Detention facilities shall promptly and 
prominently post the most current official 
list of pro bono legal organizations and 
their contact information in detainee hous-
ing units and other appropriate areas, and 
such lists shall be updated by the Sec-
retary of Homeland Security on a semi-an-
nual basis. Detention facilities may not re-
taliate in any way, including denial or limi-
tation of access to detention facilities, for 
complaints or public or private statements 
made by legal representatives regarding 
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the detention facility’s compliance with 
regulations relating to conditions of deten-
tion. 
(G) SPECIAL CORRESPONDENCE.—Special 
correspondence shall not be read by staff of the 
detention facility or other personnel, contrac-
tors, or agents of the Secretary of Homeland 
Security, and shall not be opened outside the 
presence of the detainee. For this purpose, spe-
cial correspondence includes detainees’ written 
communications to or from private attorneys 
and other legal representatives; government at-
torneys; judges and courts; embassies and con-
sulates; the president and vice president of the 
United States, members of the Congress, offi-
cers and other personnel of the Department of 
Justice; officers and other personnel of the De-
partment of Homeland Security; officers and 
other personnel of the U.S. Public Health Serv-
ice; administrators of grievance systems; State 
and local officials, representatives of the news 
media, and representatives of nongovernmental 
organizations and intergovernmental organiza-
tions working on behalf of aliens held in deten-
tion and vulnerable populations. Correspond-
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ence will only be treated as special correspond-
ence if marked ‘‘special correspondence’’ or 
‘‘legal mail’’ or if the title and office of the 
sender (for incoming correspondence) or ad-
dressee (for outgoing correspondence) are un-
ambiguously identified on the envelope, clearly 
indicating that the correspondence is special 
correspondence. Special correspondence shall be 
promptly delivered and promptly posted. In 
general, correspondence will be deemed prompt-
ly delivered if it is delivered to the detainee 
within 24 hours after its receipt by the deten-
tion facility, and correspondence will be deemed 
promptly posted if it is placed into the United 
States mail the next day on which the Post Of-
fice is open for business after the detainee 
places the correspondence in the location des-
ignated by the facility for outgoing mail. 
(H) ACCESS TO DETENTION FACILITIES.— 
Detention facilities shall afford access as fol-
lows: 
(i) Subject to reasonable conditions to 
protect the security of the facility, deten-
tion facilities shall afford access to private 
attorneys, other legal representatives and 
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legal personnel such as paralegals and 
Board of Immigration Appeals accredited 
representatives; 
government 
attorneys; 
judges and courts; embassies and con-
sulates; the president and vice president of 
the United States, members of Congress 
and their staff; officers and other per-
sonnel of the Department of Justice; offi-
cers and other personnel of the Depart-
ment of Homeland Security; officers and 
other personnel of the U.S. Public Health 
Service; administrators of grievance sys-
tems; State and local officials, representa-
tives of the news media, and representa-
tives of nongovernmental organizations, 
community 
service 
organizations, 
and 
intergovernmental organizations. 
(ii) Independent observers, including 
nongovernmental organizations, shall be 
permitted to conduct site visits, meet pri-
vately with detainees, test telephones and 
pro bono calling platforms, and take other 
reasonable steps to monitor compliance 
with regulations regarding conditions of 
detention. Such observers and organiza-
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tions shall not be prohibited from issuing 
public reports on the findings of moni-
toring visits. 
(iii) Detention facilities shall accom-
modate requests for facility tours within a 
reasonable time not to exceed 1 week. 
(iv) Access of media representatives to 
detention facilities and individual detainees 
may be restricted only to the extent nec-
essary to preserve the privacy of detainees, 
the security and good order of the facility, 
the safety of the interviewer, national secu-
rity, or any other obligation imposed by 
law or court order. Such access may not be 
restricted based on the content of the 
media representative’s reporting, and retal-
iation against detainees and members of 
the media based on the content of their 
speech shall be prohibited. 
(v) Detention facilities may not retali-
ate in any way, including denial or limita-
tion of access to detention facilities, 
against any visitor for complaints, or pub-
lic or private statements, regarding the de-
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tention facility’s compliance with regula-
tions relating to conditions of detention. 
(I) TRANSLATION
CAPABILITIES.—Deten-
tion facilities shall employ staff that, to the ex-
tent practicable, is qualified in the languages 
represented in the population of detainees at 
each such facility and shall provide alternative 
translation services where necessary. 
(J) RECREATIONAL
PROGRAMS
AND
AC-
TIVITIES.—Detainees shall be afforded access of 
at least one hour per day to indoor and outdoor 
recreational programs and activities. 
(K) SAFE AND SANITARY LIVING ENVIRON-
MENT.—Detention facilities shall house no more 
individuals than permitted by the rated bed ca-
pacity for the facility, where the rated bed ca-
pacity is defined by the original design capacity, 
plus or minus capacity changes resulting from 
building additions, reductions, or revisions. 
Each detainee shall receive appropriate clothing 
and a bed and a mattress placed in an area 
specifically designated for residential use, rath-
er than an area re-tasked for residential use 
such as common dayrooms, recreation areas, or 
visitation rooms. Detention facilities shall be 
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maintained in a safe and sanitary condition, 
and adequate ventilation and reasonably com-
fortable indoor temperatures shall be main-
tained at all times. 
(L) LEGAL ORIENTATION TO ENSURE EF-
FECTIVE IMMIGRATION PROCEEDINGS.— 
(i) IN GENERAL.—The Attorney Gen-
eral, in consultation with the Secretary of 
Homeland Security, shall ensure that all 
detained aliens, including unaccompanied 
minors, in immigration proceedings receive 
legal orientation from an independent non-
governmental organization through a pro-
gram administered and implemented by 
the Executive Office for Immigration Re-
view of the Department of Justice. 
(ii) CONTENT
OF
PROGRAM.—The 
legal orientation program developed pursu-
ant to this subparagraph shall be based on 
the Legal Orientation Program carried out 
by the Executive Office for Immigration 
Review on the date of the enactment of 
this Act. Presentations for minors shall 
utilize a child-centered model. 
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(5) CLASSIFICATION.—The Secretary of Home-
land Security’s rules shall ensure that detainees with 
no history of a criminal conviction are separated by 
sight and sound from detainees and inmates with 
criminal convictions, pretrial inmates facing criminal 
prosecution, and those inmates exhibiting violent be-
havior while in detention. 
(6) VULNERABLE
POPULATIONS.—The Sec-
retary of Homeland Security’s rules regarding condi-
tions of detention for vulnerable populations shall— 
(A) recognize the unique needs of asylum 
seekers, victims of torture and trafficking, fami-
lies with children, detainees who do not speak 
English, detainees with special religious, cul-
tural or spiritual considerations, and vulnerable 
populations listed in section 3(c); and 
(B) ensure that procedures and conditions 
of detention are appropriate for such vulnerable 
populations. 
(7) STAFFING.—For purposes of this subsection 
and protecting vulnerable populations, the Secretary 
of Homeland Security shall appoint at least three 
members to the Directorate of Policy at the GS–15 
level with substantial academic credentials and ex-
pertise in working directly with vulnerable popu-
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lations including children, families and victims of 
trafficking, trauma, and torture who shall be respon-
sible for setting, implementing, and overseeing policy 
and regulatory developments concerning vulnerable 
populations. 
SEC. 3. SECURE ALTERNATIVES TO DETENTION. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Secretary of Homeland Security shall 
fully implement and utilize secure alternatives to detention 
programs. 
(b) SECURE ALTERNATIVES TO DETENTION PRO-
GRAMS.— 
(1) NATURE OF THE PROGRAM.—For purposes 
of this section, the programs referred to in sub-
section (a) are programs under which eligible aliens 
are released under supervision, assistance and moni-
toring that ensure they appear at all immigration 
interviews, appointments, and hearings. The ele-
ments of the secure alternatives to detention pro-
grams are— 
(A) group presentations and individual 
screening; 
(B) provision of services to aliens released; 
and 
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(C) on-going assistance, supervision, and 
monitoring. 
(2) VOLUNTARY
PARTICIPATION.—An alien’s 
participation in the program is voluntary and shall 
not confer any rights or benefits to the alien under 
the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.). 
(3) PROGRAM
DEVELOPMENT.—The program 
shall be developed in accordance with the following 
guidelines: 
(A) The Secretary of Homeland Security 
shall design the program in consultation with 
nongovernmental organizations and academic 
experts in both the immigration and the crimi-
nal justice fields. 
(B) All aliens in the custody of the Sec-
retary of Homeland Security deemed eligible for 
secure alternatives to detention programs shall 
be released in the least restrictive setting need-
ed to ensure appearance at all immigration 
interviews, appointments and hearings. The 
programs shall utilize a continuum of methods, 
including releasing the alien to an individual or 
organizational sponsor, a supervised group 
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home, or a supervised, non-penal community 
setting. 
(C) Nongovernmental organizations and 
State and local social service agencies that serve 
immigrants shall be contracted to conduct 
group and individual screening and provide 
services to program participants. 
(D) The Secretary of Homeland Security 
shall ensure that each alien participates in a 
legal presentation provided through the legal 
orientation presentation program administered 
by the Executive Office for Immigration Re-
view. 
(c) PROTECTION OF VULNERABLE POPULATIONS.— 
Within 72 hours of detaining an alien, the Secretary of 
Homeland Security shall screen the alien to determine if 
he or she falls into the following designated groups. Any 
alien described in the following designated groups who 
meets the criteria set forth under section 236(b) of the 
Immigration and Nationality Act, as amended by this Act, 
shall be released on parole, a reasonable bond, or the 
alien’s own recognizance subject to the requirements of 
such section 236(b): 
(1) Aliens who have serious medical or mental 
health needs or a disability. 
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(2) Pregnant or nursing women. 
(3) Aliens who are being detained with one or 
more of their children. 
(4) Aliens who provide financial, physical, and 
other direct support to their minor children, parents, 
or other dependents. 
(5) Aliens who are over the age of 65. 
(6) Children (as defined at section 101(c)(1) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(c)(1))). 
(7) Victims of abuse, violence, crime or traf-
ficking. 
(8) Asylum seekers and torture survivors who 
have demonstrated a credible fear of persecution or 
a reasonable fear of torture. 
(9) Other groups designated in regulations or 
guidance promulgated after the date of the enact-
ment of this Act by the Secretary of Homeland Se-
curity. 
(10) Individuals who have a nonfrivolous claim 
to United States citizenship or aliens who are eligi-
ble for relief under a provision of the Immigration 
and Nationality Act. 
(d) OPTIONS REGARDING DETENTION DECISIONS 
FOR VULNERABLE POPULATIONS AND PLACEMENT IN AL-
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TERNATIVES TO DETENTION.—Section 236 of the Immi-
gration and Nationality Act (8 U.S.C. 1226) is amend-
ed— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘(c)’’ and inserting ‘‘(d)’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘or’’ at the end; 
(ii) in subparagraph (B), by striking 
‘‘but’’ at the end; and 
(iii) by inserting after subparagraph 
(B) the following: 
‘‘(C) the alien’s own recognizance; and’’; 
(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 to detention program; but’’; 
(2) by redesignating subsections (b), (c), (d), 
and (e) as subsections (e), (f), (g), and (h) respec-
tively; 
(3) by inserting after subsection (a) the fol-
lowing: 
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‘‘(b) CUSTODY DECISIONS FOR VULNERABLE POPU-
LATIONS.— 
‘‘(1) IN GENERAL.—Not later than 72 hours 
after an alien’s detention unless the 72-hour require-
ment is waived in writing by the alien, an alien who 
is a member of a vulnerable population (as defined 
by subsection (c)) shall be released from the Sec-
retary of Homeland Security’s custody and shall not 
be subject to electronic monitoring unless the Sec-
retary of Homeland Security demonstrates that the 
alien— 
‘‘(A) is subject to mandatory detention 
under section 235(b)(1)(B)(iii)(IV), 236(c) or 
236A; or 
‘‘(B) poses a flight risk or a risk to others 
or national security. 
‘‘(2) RELEASE.—An alien shall be released 
under this subsection— 
‘‘(A) on the alien’s own recognizance; 
‘‘(B) by posting a reasonable bond under 
subsection (a); or 
‘‘(C) on parole in accordance with section 
212(d)(5)(A). 
‘‘(c) PARTICIPATION IN ALTERNATIVES TO DETEN-
TION.—An alien who is denied release on recognizance, pa-
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role, or bond, or is unable to pay the bond shall be selected 
for participation in a secure alternatives to detention pro-
gram unless the Secretary of Homeland Security dem-
onstrates by substantial evidence that the alien— 
‘‘(1) is subject to mandatory detention under 
section 235(b)(1)(B)(iii)(IV) or 236A; or 
‘‘(2) is a flight risk or the alien’s participation 
in the program would create a risk to others or na-
tional security. 
‘‘(d) DECISIONS UNDER THIS SECTION.—In the case 
of a decision under subsection (a), (b), or (c), the following 
shall apply: 
‘‘(1) The decision shall be made in writing and 
shall be served upon the individual in the language 
spoken by the alien. A decision to continue detention 
without bond or parole shall specify in writing the 
reasons for that decision. 
‘‘(2) The decision shall be served upon the alien 
within 72 hours of the individual’s detention or, in 
the case of an individual subject to section 235, 238, 
or 241(a)(5) within 72 hours of a positive credible 
or reasonable fear determination. 
‘‘(3) An alien subject to this section, including 
all aliens who are entitled to a removal hearing 
under section 240, may at any time after being 
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served with the Secretary of Homeland Security’s 
decision under subsections (a), (b), or (c) request a 
redetermination of that decision by an immigration 
judge. 
‘‘(4) All custody decisions by the Secretary of 
Homeland Security shall be subject to redetermina-
tion by an immigration judge. Nothing in this sub-
section shall be construed to prevent an individual 
from requesting a bond redetermination. 
‘‘(5) The Attorney General or an immigration 
judge, at any time, may redetermine an alien’s clas-
sification under subsection (c), the bond of someone 
released, or the custody status of someone placed in 
an alternatives to detention program. Nothing in 
this subsection would preclude a person from being 
released on bond after initially participating in an 
alternatives to detention program.’’; and 
(4) in subsection (f), as redesignated, in para-
graph (2), by inserting ‘‘or for humanitarian rea-
sons,’’ after ‘‘such an investigation,’’. 
(e) ELIGIBILITY AND OPERATIONS.—Nothing in this 
section shall be construed to modify the care and custody 
of unaccompanied alien children (as defined in section 
462(g)(2) of the Homeland Security Act (6 U.S.C. 
279(g)(2))) who shall be considered to be in the care and 
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exclusive legal and physical custody of the Secretary of 
Health and Human Services. Such children shall be sub-
ject to removal proceedings under section 240 of the Im-
migration and Nationality Act (8 U.S.C. 1229a), with the 
exception of children from contiguous countries eligible for 
administrative voluntary departure, and shall not be per-
mitted to participate in the program. 
(f) LESS RESTRICTIVE CUSTODIAL DETENTION.—If 
an alien is determined not to meet the requirements for 
release on recognizance, bond or parole, or subsequently 
does not meet the requirements for secure alternatives to 
detention programs, the alien shall be considered for 
placement in less restrictive forms of custody: 
(1) Less restrictive forms of custodial detention 
include electronic monitoring such as the use of 
ankle bracelets that monitor an individual’s move-
ment and the use of similar electronic devices. 
(2) An individualized determination shall be 
made in each alien’s case about the use of electronic 
monitoring. 
(3) Aliens who would otherwise be subject to 
detention including under section 236 of such Act (8 
U.S.C. 1226) may be placed in electronic monitoring 
or other less restrictive forms of custody. 
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(4) Subject to the availability of appropriations, 
facilities shall be developed and used that offer the 
least restrictive secure setting for aliens in custody. 
SEC. 4. PROGRAM OVERSIGHT AND REVIEW. 
(a) RELATIONSHIPS OF APPLICATION TO CERTAIN 
ORDERS.—An alien who is present in the United States 
and has been ordered excluded, deported, removed, or or-
dered to depart voluntarily from the United States under 
any provision of the Immigration and Nationality Act— 
(1) notwithstanding such order, may be selected 
for a secure alternatives to detention program; and 
(2) shall not be required to file a separate mo-
tion to reopen, reconsider, or vacate the exclusion, 
deportation, removal, or voluntary departure order. 
(b) IMPLEMENTING REGULATIONS.—Not later than 
180 days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall promulgate regula-
tions to implement the secure alternatives to detention 
programs. 
(c) REPORTING REQUIREMENTS.—Not later than 
365 days after the date of the enactment of this Act and 
annually thereafter, the Secretary of Homeland Security 
shall submit to the Committee on Homeland Security of 
the House of Representatives, the Committee on the Judi-
ciary of the House of Representatives, the Committee on 
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