(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 
‘‘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 
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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 
(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.— 
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(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. 
(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-
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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. 
(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: 
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(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. 
(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. 
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(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. 
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. 
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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 
(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— 
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(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 
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 
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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, 
the Secretary shall develop, and make publicly avail-
able, a plan and timeline for the implementation of 
this subsection. 
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-
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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: 
‘‘SEC. 236. APPREHENSION AND DETENTION OF ALIENS. 
‘‘(a) ARREST, DETENTION, AND RELEASE.— 
‘‘(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 
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-
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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 
‘‘(B) set bond at an amount no greater 
than necessary to ensure the alien’s appearance 
for removal proceedings. 
‘‘(2) INABILITY TO PAY BOND.—The Secretary 
of Homeland Security may not continue to detain an 
alien solely based on the alien’s inability to pay 
bond. 
‘‘(c) CUSTODY DETERMINATION.— 
‘‘(1) INITIAL DETERMINATION.— 
‘‘(A) IN
GENERAL.—Not later than 48 
hours after taking an alien into custody pursu-
ant to this section or section 235, or with re-
spect to an alien subject to a reinstated order 
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of removal pursuant to section 241(a)(5) who 
has been found to have a credible or reasonable 
fear of return, the Secretary of Homeland Secu-
rity shall make an initial custody determination 
with regard to the alien, and provide such de-
termination in writing to the alien. 
‘‘(B) LEAST RESTRICTIVE CONDITIONS.— 
With respect to a custody determination under 
subparagraph (A), if the Secretary determines 
that the release of an alien will not reasonably 
ensure the appearance of the alien as required 
or will endanger the safety of any other person 
or the community, the Secretary shall impose 
the least restrictive conditions, as described in 
paragraph (4). 
‘‘(2) TIMING.— 
‘‘(A) IN GENERAL.—An alien who seeks to 
challenge the initial custody determination 
under paragraph (1) shall be provided with the 
opportunity for a hearing before an immigra-
tion judge not later than 72 hours after the ini-
tial custody determination to determine whether 
the alien should be detained. 
‘‘(B) ACCESS
TO
COUNSEL.—On request 
by an alien, or the legal counsel of an alien, an 
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immigration judge may grant a reasonable con-
tinuance of a hearing under subparagraph (A) 
to provide the alien or such legal counsel addi-
tional time to prepare for the hearing. 
‘‘(3) PRESUMPTION OF RELEASE.— 
‘‘(A) IN
GENERAL.—In a hearing under 
this subsection, there shall be a presumption 
that the alien should be released. 
‘‘(B) REBUTTAL.— 
‘‘(i) IN GENERAL.—The Secretary of 
Homeland Security has the duty of rebut-
ting this presumption, which may only be 
shown based on clear and convincing evi-
dence, including credible and individualized 
information, that the use of alternatives to 
detention will not reasonably ensure the 
appearance of the alien at removal pro-
ceedings, or that the alien is a threat to 
another person or the community. 
‘‘(ii) CONSIDERATION.—The Attorney 
General— 
‘‘(I) shall consider the totality of 
each case; and 
‘‘(II) may not rely on an alien’s 
criminal conviction, arrest, pending 
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criminal charge, or combination there-
of as the sole factor to justify the con-
tinued detention of the alien. 
‘‘(4) LEAST
RESTRICTIVE
CONDITIONS
RE-
QUIRED.— 
‘‘(A) IN
GENERAL.—If an immigration 
judge determines, pursuant to a hearing under 
this section, that the release of an alien will not 
reasonably ensure the appearance of the alien 
as required or will endanger the safety of any 
other person or the community, the immigra-
tion judge shall order the least restrictive condi-
tions, or combination of conditions, that the 
judge determines will reasonably ensure the ap-
pearance of the alien as required and the safety 
of any other person and the community, which 
may include— 
‘‘(i) release on recognizance; 
‘‘(ii) secured or unsecured release on 
bond; or 
‘‘(iii) participation in a program de-
scribed in subsection (f). 
‘‘(B) MONTHLY
REVIEW.—Not less fre-
quently than monthly, the immigration judge 
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shall review any condition assigned to an alien 
pursuant to subparagraph (A). 
‘‘(C) MODIFICATION
OF
CONDITIONS
OF 
SUPERVISION.—An 
immigration 
judge 
may 
modify or rescind conditions of supervision im-
posed on an alien by the Secretary of Homeland 
Security. 
‘‘(5) SPECIAL
RULE
FOR
VULNERABLE
PER-
SONS AND PRIMARY CAREGIVERS.— 
‘‘(A) IN GENERAL.—In the case of an alien 
subject to a custody determination under this 
subsection who is a vulnerable person or a pri-
mary caregiver, the alien may not be detained 
unless the Secretary of Homeland Security 
demonstrates, in addition to the requirements 
under paragraph (3), that it is unreasonable or 
not practicable to place the alien in a commu-
nity-based supervision program. 
‘‘(B) DEFINITIONS.—In this paragraph: 
‘‘(i) MATERIAL WITNESS.—The term 
‘material witness’ means an individual who 
presents a declaration to an attorney inves-
tigating, prosecuting, or defending the 
workplace claim or from the presiding offi-
cer overseeing the workplace claim attest-
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ing that, to the best of the declarant’s 
knowledge and belief, reasonable cause ex-
ists to believe that the testimony of the in-
dividual will be relevant to the outcome of 
the workplace claim. 
‘‘(ii) PRIMARY CAREGIVER.—The term 
‘primary caregiver’ means an individual 
who is established to be a caregiver, par-
ent, or close relative caring for or traveling 
with a child. 
‘‘(iii) 
VULNERABLE
PERSON.—The 
term ‘vulnerable person’ means an indi-
vidual who— 
‘‘(I) is under 21 years of age or 
over 60 years of age; 
‘‘(II) is pregnant; 
‘‘(III) identifies as lesbian, gay, 
bisexual, 
transgender, 
queer, 
or 
intersex; 
‘‘(IV) is a victim or witness of a 
crime; 
‘‘(V) has filed a nonfrivolous civil 
rights claim in Federal or State court; 
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‘‘(VI) has filed, or is a material 
witness to, a bonafide workplace 
claim; 
‘‘(VII) has a serious mental or 
physical illness or disability; 
‘‘(VIII) has been determined by 
an asylum officer in an interview con-
ducted under section 235(b)(1)(B) to 
have a credible fear of persecution or 
torture; 
‘‘(IX) has limited English lan-
guage proficiency and is not provided 
access to appropriate and meaningful 
language services in a timely fashion; 
or 
‘‘(X) has been determined by an 
immigration judge or by the Secretary 
of Homeland Security to have experi-
enced or to be experiencing severe 
trauma or to be a survivor of torture 
or gender-based violence, based on in-
formation obtained during intake, 
from the alien’s attorney or legal serv-
ice provider, or through credible self- 
reporting. 
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‘‘(iv) WORKPLACE CLAIM.—The term 
‘workplace claim’ means any written or 
oral claim, charge, complaint, or grievance 
filed with, communicated to, or submitted 
to the employer, a Federal, State, or local 
agency or court, or an employee represent-
ative related to the violation of applicable 
Federal, State, and local labor laws, in-
cluding laws concerning wages and hours, 
labor relations, family and medical leave, 
occupational health and safety, civil rights, 
or nondiscrimination. 
‘‘(6) 
SUBSEQUENT
DETERMINATIONS.—An 
alien detained under this section shall be provided 
with a de novo custody determination hearing under 
this subsection— 
‘‘(A) not later than 30 days after the date 
of the enactment of this Act; 
‘‘(B) every 60 days; and 
‘‘(C) upon showing of a change in cir-
cumstances or good cause for such a hearing. 
‘‘(d) RELEASE UPON AN ORDER GRANTING RELIEF 
FROM REMOVAL.—The Secretary of Homeland Security— 
‘‘(1) shall immediately release an alien with re-
spect to whom an immigration judge has entered an 
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order providing relief from removal (including an 
order granting asylum or withholding, deferral, or 
cancellation of removal) or an order terminating re-
moval proceedings, which order is pending appeal, 
upon entry of the order; and 
‘‘(2) may impose only reasonable conditions on 
the alien’s release from custody. 
‘‘(e) PROHIBITION ON DETENTION OF CHILDREN.— 
Notwithstanding any other provision of this Act, the Sec-
retary of Homeland Security may not detain in a facility 
operated or contracted by U.S. Immigration and Customs 
Enforcement any individual who is under the age of 18 
years. 
‘‘(f) COMMUNITY-BASED CASE MANAGEMENT PRO-
GRAM.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall establish, outside of the purview of 
U.S. Immigration and Customs Enforcement, a com-
munity-based case management program that— 
‘‘(A) provides alternatives to detaining 
aliens; 
‘‘(B) offers a continuum of community- 
based support options and services, including— 
‘‘(i) case management; and 
‘‘(ii) access to— 
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‘‘(I) social services; 
‘‘(II) medical and mental health 
services; 
‘‘(III) housing; 
‘‘(IV) transportation; and 
‘‘(V) legal services; and 
‘‘(C) provides services in the appropriate 
language. 
‘‘(2) PROHIBITION
ON
ELECTRONIC
SURVEIL-
LANCE.—The program under paragraph (1) may not 
include, as an alternative to detention, the provision 
of ankle monitors or other forms of electronic sur-
veillance. 
‘‘(3) Within 180 days, the Secretary shall un-
dertake a study to examine best practices of govern-
ment-funded case management and related services, 
including exploring the possibility of funding case 
management services out of the Department. 
‘‘(4) CONTRACTS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
enter into 1 or more contracts to operate the 
case management program described in para-
graph (1). 
‘‘(B) PRIORITIZATION.—In entering into a 
contract under subparagraph (A), the Secretary 
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shall give priority to direct contracts with quali-
fied nongovernmental community-based organi-
zations that have experience providing services 
to immigrant, refugee, and asylum-seeking pop-
ulations. 
‘‘(5) INDIVIDUALIZED
DETERMINATION
RE-
QUIRED.— 
‘‘(A) IN GENERAL.—In determining wheth-
er to order an alien to participate in a program 
under this subsection, the Secretary or the im-
migration judge, as appropriate, shall make an 
individualized determination to determine the 
appropriate level of supervision for the alien. 
‘‘(B) EXEMPTION.—Participation in a pro-
gram under this subsection may not be ordered 
for an alien for whom it is determined that re-
lease on reasonable bond or recognizance will 
reasonably ensure the appearance of the alien 
as required and the safety of any other person 
and the community. 
‘‘(6) PROHIBITION
ON
FEES
FOR
ALTER-
NATIVES TO DETENTION.—An alien who is required 
to participate in a specific alternatives to detention 
program or service may not be charged a fee for 
such participation. 
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‘‘(7) CASE MANAGEMENT REVIEW.—Not later 
than 180 days after the date of the enactment of 
Dignity for Detained Immigrants Act of 2021, the 
Secretary shall conduct a review of— 
‘‘(A) best practices in federally funded case 
management programs; and 
‘‘(B) the feasibility of transferring alter-
natives to detention case management programs 
out of the purview of the Department of Home-
land Security.’’. 
(b) PROBABLE CAUSE HEARING.—Section 287(a) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1357(a)(2)) is amended by striking the subsection des-
ignation and all the follows through ‘‘United States;’’ in 
paragraph (2) and inserting the following: 
‘‘(a) IN GENERAL.—Any officer or employee of the 
Department of Homeland Security authorized under regu-
lations prescribed by the Secretary of Homeland Security 
shall have power without warrant— 
‘‘(1) to interrogate any alien or person believed 
to be an alien as to the person’s right to be or to 
remain in the United States, provided that such in-
terrogation is not based on the person’s race, eth-
nicity, national origin, religion, sexual orientation, 
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pbinns on DSKJLVW7X2PROD with BILLS
color, spoken language, or English language pro-
ficiency; and 
‘‘(2) to arrest any alien who, in the presence or 
view of the officer or employee, is entering or at-
tempting to enter the United States in violation of 
any law or regulation made pursuant to law regu-
lating the admission, exclusion, expulsion, or re-
moval of aliens, or to arrest any alien in the United 
States, if— 
‘‘(A) the officer or employee has probable 
cause to believe that— 
‘‘(i) the alien is in the United States 
in violation of any such law or regulation; 
and 
‘‘(ii) is likely to escape before a war-
rant can be obtained for the arrest of the 
alien; 
‘‘(B) the officer or employee has reason to 
believe that the alien would knowingly and will-
fully fail to appear in immigration court in re-
sponse to a properly served notice to appear; 
and 
‘‘(C) not later than 48 hours after being 
taken into custody, the alien is provided with a 
hearing before an immigration judge to deter-
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