I 
115TH CONGRESS 
1ST SESSION H. R. 3923 
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 
OCTOBER 3, 2017 
Mr. SMITH of Washington (for himself, Ms. JAYAPAL, Mr. BLUMENAUER, Ms. 
JUDY CHU of California, Mr. CICILLINE, Mr. COHEN, Mr. CUMMINGS, 
Mr. DANNY K. DAVIS of Illinois, Mr. ELLISON, Mr. ESPAILLAT, Mr. 
FOSTER, Mr. GALLEGO, Mr. GUTIE´RREZ, Ms. HANABUSA, Ms. JACKSON 
LEE, Mr. JEFFRIES, Mr. JOHNSON of Georgia, Mr. KENNEDY, Mrs. 
LAWRENCE, Ms. LEE, Ms. LOFGREN, Mr. MCGOVERN, Ms. MOORE, Mr. 
NADLER, Ms. NORTON, Mr. PAYNE, Mr. QUIGLEY, Mr. RASKIN, Ms. 
ROYBAL-ALLARD, Mr. RUSH, Ms. SCHAKOWSKY, Mr. VEASEY, Ms. MAX-
INE WATERS of California, Mrs. WATSON COLEMAN, Mr. POLIS, Ms. 
DELBENE, Mr. CONYERS, Ms. BARRAGA´N, Miss RICE of New York, Mr. 
GOMEZ, Ms. PINGREE, Mrs. NAPOLITANO, Mr. LEWIS of Georgia, Ms. 
MCCOLLUM, Mr. DOGGETT, Mr. SERRANO, and Mr. GRIJALVA) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary, and in addition to the Committee on Homeland Security, for a 
period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee 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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Dignity for Detained 
Immigrants Act of 2017’’. 
SEC. 2. STANDARDS FOR DHS DETENTION FACILITIES. 
Not later than one year after the date of the enact-
ment of this Act, the Secretary of Homeland Security 
shall, by rulemaking, establish detention standards for 
each facility at which aliens in the custody of the Depart-
ment of Homeland Security are detained. Such standards 
shall provide, at a minimum, the level of protections for 
detainees described in the American Bar Association’s 
Civil Immigration Detention Standards (adopted in Au-
gust, 2012, and as amended in August, 2014). On a bien-
nial basis, the Secretary shall review and update such 
standards, as appropriate. 
SEC. 3. OVERSIGHT AND TRANSPARENCY FOR DHS DETEN-
TION FACILITIES. 
(a) PERIODIC INSPECTIONS.— 
(1) IN GENERAL.—On a periodic basis, and not 
less than annually, the Inspector General of the De-
partment of Homeland Security shall conduct an un-
announced inspection of each facility at which aliens 
in the custody of the Department of Homeland Se-
curity are detained in order to ensure that each such 
facility is in compliance with the standards under 
section 2. Not later than 60 days after conducting 
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(I) issue a written warning to the 
facility not later than 30 days after 
receiving such notification from the 
Inspector General, which shall include 
proposed remedial measures to be car-
ried out not later than 60 days after 
the issuance of the warning; and 
(II) not later than 60 days after 
the issuance of the warning described 
in subclause (I), certify to the Inspec-
tor General that the remedial meas-
ures have been carried out. 
(B) SUBSEQUENT FAILURES.—In the case 
that the Inspector General determines that a 
facility has failed to comply with the standards 
under section 2 in two investigations under 
paragraph (1) during any 2-year period, and 
that such noncompliance constitutes a defi-
ciency that threatens the health, safety, or the 
due process rights of detainees, the Inspector 
General shall notify the Secretary of Homeland 
Security of such finding, and the Secretary 
shall— 
(i) in the case of a facility that is not 
owned by the Department of Homeland 
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Security, not later than 30 days after re-
ceiving such notification, transfer each de-
tainee to a facility that does so comply, 
and terminate the contract with the owner 
of the facility; and 
(ii) in the case of a facility that is 
owned by the Department of Homeland 
Security, not later than 60 days after re-
ceiving such notification, transfer each de-
tainee to a facility that does so comply, 
and suspend the use of such facility until 
such time as the Inspector General cer-
tifies to the Secretary that the facility is in 
compliance with such standards, and 
makes publicly available on the website of 
the Department of Homeland Security in-
formation relating to the remedial meas-
ures taken. 
(b) INVESTIGATIONS ON DEATH IN CUSTODY.—Not 
later than 30 days after the death of an alien in the cus-
tody of the Department of Homeland Security, the Sec-
retary of Homeland Security shall conduct an investiga-
tion into that death, which shall include a root cause anal-
ysis that identifies any changes to policies or practices 
that could reduce the probability of such an event in the 
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future. Not later than 60 days after such a death, the 
Secretary shall make a report describing the results of 
such investigation publicly available on the website of the 
Department of Homeland Security. The root cause anal-
ysis described in the previous sentence shall be performed 
in accordance with professional medical standards for in-
vestigating sentinel events in medical care facilities, in-
cluding the Sentinel Event Policy promulgated by The 
Joint Commission. 
(c) REPORT TO CONGRESS.—On an annual basis, the 
Secretary of Homeland Security shall submit to the Com-
mittees on the Judiciary of the House of Representatives 
and of the Senate a report on the inspections and over-
sight of facilities at which aliens in the custody of the De-
partment of Homeland Security are detained. Such report 
shall include information relating to, for the preceding 
year— 
(1) each detention facility which the Inspector 
General found was not in compliance with the stand-
ards under section 2 pursuant to an investigation 
conducted under subsection (a)(1); 
(2) any remedial actions taken, or that the Sec-
retary plans to take, in order to comply with such 
standards; and 
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(3) whether the remedial actions described in 
paragraph (2) were successful in bringing the facil-
ity into compliance with such standards. 
(d) CLASSIFICATION OF DOCUMENTS FOR PURPOSES 
OF FOIA.—The reports under subsections (a) and (b), 
and any contract between the Department of Homeland 
Security and a private or public entity which provides for 
the use of a facility not owned by the Department of 
Homeland Security to detain aliens in the custody of the 
Department of Homeland Security 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.—On the first day of each 
month, the Secretary of Homeland Security shall ensure 
that there is publicly available on the website of the De-
partment of Homeland Security, the following information 
relating to each facility at which aliens in the custody of 
the Department of Homeland Security may be detained: 
(1) The name and location of each facility. 
(2) Whether the facility houses adults, children, 
or both. 
(3) As of the first day of the month, the num-
ber of beds available in each facility, disaggregated 
by gender. 
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(4) Whether the facility is used to detain aliens 
for longer than 72 hours, or for longer than 7 days. 
(5) The average number of aliens detained in 
the facility for the current year, and for the pre-
ceding month, disaggregated by gender and classi-
fication as a child or as an adult. 
(6) Whether the facility is in compliance with 
the standards under paragraph 2. 
(7) In the case of a facility that is not owned 
by the Department of Homeland Security, the na-
ture of the contract providing for the detention of 
aliens at that facility. 
(8) The average 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 of Homeland Security shall ensure that the online 
detainee locator system maintained by the Department of 
Homeland Security, or any successor system, is updated 
not later than 12 hours after an alien is taken into custody 
or released from custody by the Department of Homeland 
Security, transferred to, or detained in, a detention facil-
ity, or removed from the United States. 
(g) INFORMATION COLLECTED
AND MAINTAINED 
FOR ALIENS IN DHS CUSTODY.—The Secretary of Home-
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land Security shall collect and maintain, for each alien in 
the custody of the Department of Homeland Security, the 
following information: 
(1) The gender and age of the alien. 
(2) The date on which the alien was detained. 
(3) Whether the alien is considered a vulnerable 
person (as such term is defined in section 236(g) of 
the Immigration and Nationality Act (8 U.S.C. 
1226(g)) or a primary caregiver. 
(4) The provision of law under with the Sec-
retary is authorized to detain the alien. 
(5) The location where the alien is detained. 
(6) Any transfer of the alien to another deten-
tion facility, and the reason for such transfer. 
(7) The status and basis of any removal pro-
ceedings. 
(8) The initial custody determination made by 
Immigration and Customs Enforcement, and any re-
view of that determination. 
(9) If applicable, the date of the alien’s release 
or removal, and the reason for such release or re-
moval. 
(10) Whether the alien is subject to a final 
order of removal. 
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SEC. 4. CAUSE OF ACTION. 
(a) IN GENERAL.—An individual who is detained in 
a facility that is required to comply with the standards 
described in section 2, and who is injured as a result of 
a violation of such standards, may file a claim in the ap-
propriate district court of the United States. 
(b) RECOVERY.—In a civil action under this section, 
the court may order injunctive relief and compensatory 
damages, and may award the prevailing party reasonable 
attorney fees, and costs. 
SEC. 5. DHS DETENTION FACILITY CONSTRUCTION AND 
MAINTENANCE. 
(a) RESTRICTION ON CONSTRUCTION OF DHS FA-
CILITIES.—Not later than 180 days before initiating, or 
entering into a contract for, the construction of a new fa-
cility or to expand an existing facility for the detention 
of aliens in the custody of the Department of Homeland 
Security, the Secretary of Homeland Security shall submit 
to the Committees on the Judiciary of the House of Rep-
resentatives and of the Senate, the Committee on Home-
land Security of the House of Representatives, and the 
Committee on Homeland Security and Governmental Af-
fairs of the Senate a notification of the plan to construct 
or expand such facility, including the location, size, and 
capacity of such facility, the anticipated timeline and cost 
of constructing or expanding such facility, and the in-
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tended population to be detained at such facility, including 
the gender and ages of such population. 
(b) PHASE-OUT OF PRIVATE DETENTION FACILITIES 
AND USE OF JAILS.— 
(1) SECURE
DETENTION
FACILITIES.—Begin-
ning on the date of the enactment of this Act, the 
Secretary of Homeland Security may not enter into 
or extend any contract with any public or private en-
tity which owns or operates a detention facility for 
use of that facility to detain aliens in the custody of 
the Department of Homeland Security, and shall 
terminate any such contract not later than the date 
that is 3 years after the date of the enactment of 
this Act. Beginning 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 of 
Homeland Security are detained shall be owned and 
operated by the Department of Homeland Security. 
(2) NON-SECURE DETENTION PROGRAMS.—Be-
ginning on the date of the enactment of this Act, the 
Secretary of Homeland Security may not enter into 
or extend any contract with any public or private 
for-profit entity which owns or operates a program 
or facility that provides for non-residential deten-
tion-related activities for aliens who are subject to 
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monitoring by the Department of Homeland Secu-
rity, and shall terminate any such contract not later 
than the date that is 3 years after the date of the 
enactment of this Act. Beginning on the date that 
is 3 years after the date of the enactment of this 
Act, any such program or facility shall be owned and 
operated by a nonprofit organization or by the De-
partment of Homeland Security. 
(3) PUBLICATION OF PLAN.—Not later than 60 
days after the date of the enactment of this Act, the 
Secretary shall develop, and make publicly available, 
a plan and timeline for the implementation of this 
subsection. 
SEC. 6. APPEARANCE OF DETAINED ALIENS FOR OTHER 
LEGAL MATTERS. 
The Secretary of Homeland Security shall make rules 
to ensure that any alien who is detained in the custody 
of the Department of Homeland Security, who is required 
to appear in Federal or State court (including family 
court) for another matter, is transported by an officer or 
employee of the Department of Homeland Security to such 
court proceeding. 
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SEC. 7. 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— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) ARREST, DETENTION, AND RELEASE.—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 
conditions, or recognizance, pending a decision on whether 
the alien is to be removed from the United States.’’; 
(2) by striking subsection (b); 
(3) by striking subsection (e); 
(4) by adding at the end the following: 
‘‘(f) BOND DETERMINATION.—In the case that an 
immigration judge makes a determination to release an 
alien on bond under this section, the immigration judge 
shall consider, for purposes of setting the amount of the 
bond, the alien’s financial position and ability to pay the 
bond without imposing financial hardship on the alien. 
‘‘(g) CUSTODY DETERMINATION.— 
‘‘(1) INITIAL DETERMINATION.—Not later than 
48 hours after taking an alien into custody, the Sec-
retary of Homeland Security shall make an initial 
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custody determination with regard to that alien, and 
provide that determination in writing to the alien. If 
the Secretary determines that the release of an alien 
will not reasonably assure the appearance of the 
alien as required or will endanger the safety of any 
other person or the community, the custody deter-
mination under this paragraph will impose the least 
restrictive conditions, as described in paragraph (4). 
‘‘(2) TIMING.—If an alien seeks to challenge 
the initial custody determination under paragraph 
(1), the alien shall be provided with the opportunity 
for a hearing before an immigration judge to deter-
mine whether the alien should be detained, which 
hearing shall occur not later than 72 hours after the 
initial custody determination. 
‘‘(3) PRESUMPTION OF RELEASE.—In a hearing 
under this subsection, there shall be a presumption 
that the alien should be released. The Government 
shall have the duty of rebutting this presumption, 
which may only be shown based on clear and con-
vincing evidence, including credible and individual-
ized information, that the use of alternatives to de-
tention will not reasonably assure the appearance of 
the alien at removal proceedings, or that the alien is 
a threat to another person or the community. The 
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