tions made by SSAs and medical personnel, determine if 
each individual apprehended through such activity belongs 
to any of the groups listed in subsection (b). Information 
regarding vulnerable groups and eligibility for potential re-
lease shall be posted prominently in detention facilities 
where detainees and visitors can access the information 
and shall be included in the detainee handbook. 
(b) VULNERABLE POPULATION GROUPS.—An indi-
vidual is eligible for release under subsection (c), or a deci-
sion not to detain, if the individual belongs to any of the 
following groups: 
(1) Individuals who have serious medical or 
mental health needs or a disability. 
(2) Pregnant or nursing women. 
(3) Individuals who are apprehended with one 
or more of their children, and their children. 
(4) Sole custodial parents or sole legal guard-
ians of children, or individuals who have family 
members who are ill or otherwise require the assist-
ance of a caregiver. 
(5) Children (as defined by section 101(b)(1) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(b)(1))). 
(6) Individuals who are over 65 years of age. 
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(7) Victims of abuse, violence, crime, or human 
trafficking. 
(8) Individuals who have been referred for a 
credible fear interview, a reasonable fear interview, 
or an asylum hearing. 
(9) Individuals who have applied or intend to 
apply for asylum, withholding of removal, or protec-
tion under the Convention Against Torture and 
Other Cruel, Inhuman or Degrading Treatment or 
Punishment, done at New York on December 10, 
1984. 
(10) Individuals who have a non-frivolous claim 
to United States citizenship, lawful permanent resi-
dent status, or lawful status in the United States. 
(11) Individuals who are eligible for relief under 
any provision of the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.). 
(12) Any other group designated in regulations 
or guidance promulgated by the Secretary of Home-
land Security. 
(c) ELIGIBILITY FOR RELEASE.— 
(1) IN
GENERAL.—Not later than 72 hours 
after the apprehension of an individual described in 
subsection (b) by the Department of Homeland Se-
curity or any entities operating under agreement 
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with the Department of Homeland Security, he or 
she shall be released on his or her own recognizance, 
parole, on a reasonable bond, or into a community- 
based non-custodial alternatives to detention pro-
gram and shall not be subject to electronic moni-
toring, unless the Department demonstrates— 
(A) the alien is subject to mandatory de-
tention under section 235(b)(1)(B)(iii)(IV), 
236(c), or 236A of the Immigration and Na-
tionality Act (8 U.S.C. 1225(1)(B)(iii)(IV), 
1226(c), or 1226a); 
(B) the alien poses a danger to others or 
is a risk to national security; or 
(C) the alien is a flight risk and any risk 
of flight cannot be mitigated by supervision or 
bond. 
(2) ALTERNATIVES
TO
DETENTION.—If an 
alien is determined not to meet the requirements for 
release on recognizance, bond, or parole, or subse-
quently does not meet the requirements for non-cus-
todial alternatives to detention programs, the alien 
may be considered for placement in alternatives to 
detention programs that maintain custody over the 
alien, including programs that use electronic ankle 
devices or heightened supervision and monitoring 
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procedures. The Secretary of Homeland Security 
shall make an individualized determination in each 
alien’s case about the use of electronic monitoring 
and shall review such determination on a monthly 
basis. Aliens who would otherwise be subject to de-
tention including under section 236(c) of the Immi-
gration and Nationality Act (8 U.S.C. 1226(c)) may 
be placed in electronic monitoring or other secure 
custodial alternatives to detention that maintain cus-
tody over the alien. 
(3) WRITTEN DECISION.—Each decision made 
under this subsection shall specify in writing the 
reasons for such decision and be served upon the de-
tained individual in his or her native language not 
later than 72 hours after the start of detention, or, 
in the case of an individual subject to section 235, 
238, or 241(a)(5) of the Immigration and Nation-
ality Act, not later than 72 hours after a positive 
credible or reasonable fear determination. Each deci-
sion made under this section is subject to redeter-
mination at any time by an immigration judge. 
SEC. 5. CUSTODY DETERMINATION. 
(a) AMENDMENT.—Section 236 of the Immigration 
and Nationality Act (8 U.S.C. 1226) is amended— 
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(1) by redesignating subsection (e) as sub-
section (h); 
(2) by redesignating subsections (b), (c), and 
(d) as subsections (c), (d), and (e), respectively; and 
(3) by inserting before subsection (h), as redes-
ignated, the following: 
‘‘(g) RIGHT TO ACCESS COUNSEL.—An individual 
who has been detained under this section may be rep-
resented, at no expense to the Federal Government, by 
counsel of the individual’s choosing while being subject to 
any immigration enforcement-related activity, including— 
‘‘(1) interviews; 
‘‘(2) processing appointments; 
‘‘(3) booking or intake questions; 
‘‘(4) hearings; and 
‘‘(5) any proceeding which may result in a con-
clusion that the individual will be detained or re-
moved from the United States.’’. 
(b) NOTICE.— 
(1) AMENDMENT.—Section 236 of the Immi-
gration and Nationality Act, as amended by sub-
section (a), is further amended by inserting before 
subsection (g) the following: 
‘‘(f) NOTICE AND CHARGES.— 
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