nongovernmental organizations, academic ex-
perts, 
and 
appropriate 
stakeholders 
rep-
resenting Department of Homeland Security of-
ficials in charge of detention facilities. 
(B) The Secretary of Homeland Security 
shall enter into contracts with qualified commu-
nity-based nongovernmental entities that pro-
vide services to aliens to provide screening, legal 
referrals, and social services for secure alter-
natives to detention programs. 
(C) 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.— 
When possible, within 72 hours of detaining an alien, the 
Secretary of Homeland Security shall screen such alien to 
determine if such alien falls into one or more of the fol-
lowing designated groups: 
(1) Aliens who have serious medical or mental 
health needs or a disability. 
(2) Pregnant or nursing women. 
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(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. 
(9) Other groups designated in regulations or 
guidance promulgated by the Secretary. 
(10) Aliens who have a reasonable claim to 
United States citizenship or aliens who are eligible 
for relief under a provision of the Immigration and 
Nationality Act. 
(d) ALTERNATIVES
TO DETENTION, PLACEMENT, 
AND CUSTODY DECISIONS.— 
(1) IN
GENERAL.—Not later than 72 hours 
after an alien’s detention unless such 72-hour re-
quirement is waived in writing by such alien, such 
alien shall be released from the Department of 
Homeland Security’s custody on parole, a reasonable 
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bond, or such alien’s own recognizance, and shall not 
be subject to electronic monitoring, if the Depart-
ment demonstrates that— 
(A) such alien is not subject to mandatory 
detention under sections 235(b)(1)(B)(iii)(IV) 
or 236A of the Immigration and Nationality 
Act, or mandatory custody under section 236(c) 
such Act; 
(B) such alien does not pose a danger to 
others or a risk to national security; and 
(C) is a member of a vulnerable population 
as defined by subsection (c). 
(2) RELEASE.—An alien shall be released under 
this subsection— 
(A) on such alien’s own recognizance; 
(B) by posting a reasonable bond under 
section 236(a) of the Immigration and Nation-
ality Act; or 
(C) on parole in accordance with section 
212(d)(5)(A) of such Act. 
(3) OTHER PARTICIPATION.—An alien who is 
denied release on recognizance, parole, or bond, or 
is unable to pay the bond, shall be selected for par-
ticipation in the secure alternatives to detention pro-
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grams described in subsection (b) unless the Sec-
retary of Homeland Security demonstrates— 
(A) that such alien is subject to mandatory 
detention under section 235(b)(1)(B)(iii)(IV) of 
the Immigration and Nationality Act, or sub-
sections (a) or (c) of section 236 of such Act; 
(B) substantial evidence that such alien is 
a flight risk where the risk of such alien’s flight 
cannot be mitigated through the use of services, 
supervision, or monitoring; or 
(C) such alien’s participation in the pro-
grams would create a risk to others or national 
security. 
(4) CUSTODY.—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 described in subsection (b), such alien may 
be considered for placement in custodial alternatives 
to detention programs that maintain custody over 
such alien, such as through the use of electronic 
ankle devices. 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 decision on a monthly basis. 
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Aliens who would otherwise be subject to detention, 
including under section 236 of the Immigration and 
Nationality Act, may be placed in electronic moni-
toring or other alternatives to detention that main-
tain custody over such alien. 
(e) DECISIONS UNDER THIS SECTION.—In the case 
of a decision under subsection (d), the following shall 
apply: 
(1) Such decision shall be made in writing and 
shall be served upon the alien concerned in the lan-
guage spoken by such alien. A decision to continue 
detention without releasing such alien on recog-
nizance, bond, or parole, or enrollment in the secure 
alternatives to detention programs described in sub-
section (b) shall specify in writing the reasons for 
such decision. 
(2) Such decision shall be served upon such 
alien within 72 hours of such alien’s detention or, in 
the case of an alien subject to sections 235, 238, or 
241(a)(5) of the Immigration and Nationality Act, 
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 of the Immigration and Nation-
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ality Act, may at any time after being served with 
the Secretary of Homeland Security’s decision under 
subsection (d) request a redetermination of such de-
cision by an immigration judge. 
(f) APPLICABILITY.—The Attorney General or an im-
migration judge, at any time, may redetermine an alien’s 
classification as a member of a vulnerable population 
under subsection (c), the bond of an alien released, or the 
custody status of an alien placed in the alternatives to de-
tention programs described in subsection (b). Nothing in 
this section shall preclude an alien from being released on 
bond after initially participating in the alternatives to de-
tention programs. 
(g) ELIGIBILITY AND OPERATIONS.—Nothing in this 
section shall be construed to modify the care and custody 
of unaccompanied alien children (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 
exclusive custody of the Department of Health and 
Human Services. Such children shall not be subject to ex-
pedited removal and shall not be permitted to participate 
in the alternatives to detention programs described in sub-
section (b). 
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SEC. 704. SHORT TERM DETENTION STANDARDS AT AND 
BETWEEN PORTS OF ENTRY. 
(a) PROPER ACCESS TO FOOD AND WATER UPON OR 
AS SOON AS PRACTICABLE FOLLOWING APPREHENSION 
AND DURING SHORT TERM DETENTION AT BORDER PA-
TROL PROCESSING CENTERS.—The Secretary of Home-
land Security, acting through the Chief of the Border Pa-
trol, shall ensure that adequate access to food and water 
is provided to an alien apprehended and detained by a 
Border Patrol agent between ports of entry upon or as 
soon as practicable following the time of such apprehen-
sion or during subsequent short term detention. 
(b) ACCESS TO INFORMATION ON DETAINEE RIGHTS 
AT BORDER PATROL PROCESSING CENTERS.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security, acting through the Chief of the Border Pa-
trol, shall ensure that an alien unlawfully present in 
the United States who is apprehended by a Border 
Patrol agent is promptly provided with information 
concerning such alien’s rights, including the right to 
contact a representative of such alien’s government 
for purposes of United States treaty obligations. 
(2) FORM.—The information referred to in 
paragraph (1) may be provided either verbally or in 
writing by the apprehending Border Patrol agent, 
and shall be posted in the detention holding cell in 
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which such alien is being held. The information shall 
be provided in a language understandable to such 
alien. 
(c) DOCUMENTATION CONCERNING REPATRIATED 
ALIENS.—The Secretary of Homeland Security shall es-
tablish and maintain a database containing the following 
information relating to aliens unlawfully present in the 
United States apprehended and detained by Border Patrol 
agents: 
(1) Information on the location of repatriation. 
(2) Information on groups of families repatri-
ated. 
(3) Information on the locations of other mem-
bers of families, if separated during apprehension or 
detention. 
(4) Information on the medical conditions of 
apprehended and detained aliens. 
(5) Information on any personal property that 
was returned to the alien upon repatriation. 
(d) SHORT TERM DETENTION DEFINED.—In this 
section, the term ‘‘short term detention’’ means detention 
in a United States Border Patrol processing center for 72 
hours or less, before repatriation to a country of nation-
ality or last habitual residence. 
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(e) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Comptroller General of 
the United States shall submit to the appropriate congres-
sional committees a report on the procurement process 
and standards of entities with which the Department of 
Homeland Security has contracts for the transportation 
and detention of aliens unlawfully present in the United 
States apprehended by agents or officers of the Depart-
ment. Such report should also consider the operational ef-
ficiency of contracting out transportation and detention of 
aliens unlawfully present in the United States. 
SEC. 705. REPORT ON NONDEPORTABLE ALIENS. 
Not later than 90 days after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall submit to the appropriate congressional com-
mittees a report on the number and country of origin of 
nondeportable aliens who have been released into the 
United States over the past ten years. 
Æ 
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