I 
117TH CONGRESS 
1ST SESSION H. R. 5347 
To require the Secretary of Homeland Security to use alternatives to detention 
for certain vulnerable immigrant populations, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 23, 2021 
Mr. BROWN (for himself, Ms. CLARKE of New York, Mr. JOHNSON of Georgia, 
Ms. NORTON, and Ms. SCHAKOWSKY) introduced the following bill; which 
was referred to the Committee on the Judiciary 
A BILL 
To require the Secretary of Homeland Security to use alter-
natives to detention for certain vulnerable immigrant 
populations, 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 ‘‘Alternatives to Deten-
tion Act of 2021’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) DEPENDENT CAREGIVER.—The term ‘‘de-
pendent caregiver’’ means an individual who lives 
VerDate Sep 11 2014 
01:08 Sep 27, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5347.IH
H5347
kjohnson on DSK79L0C42PROD with BILLS
with, and provides more than 1⁄2 of the financial 
support required by, a family member who is— 
(A) younger than 18 years of age; or 
(B) unable to engage in substantial em-
ployment due to a physical or mental health 
condition or disability. 
(2) EXECUTIVE DEPARTMENTS.—The term ‘‘ex-
ecutive departments’’ means the Federal Depart-
ments listed under section 101 of title 5, United 
States Code. 
(3) FAMILY
CAREGIVER.—The term ‘‘family 
caregiver’’ means an individual who lives with, and 
provides more than 1⁄2 of the personal care required 
by, a family member who is— 
(A) younger than 18 years of age; or 
(B) unable to engage in substantial em-
ployment due to a physical or mental health 
condition or disability. 
(4) FAMILY MEMBER.—The term ‘‘family mem-
ber’’, with respect to an individual receiving personal 
care services or financial support, means an indi-
vidual who is— 
(A) a parent or legal guardian; 
(B) a spouse; 
(C) a child; 
VerDate Sep 11 2014 
01:08 Sep 27, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5347.IH
H5347
kjohnson on DSK79L0C42PROD with BILLS
(D) a step-family member; or 
(E) an extended family member. 
(5) IMMIGRATION LAWS.—The term ‘‘immigra-
tion laws’’ has the meaning given such term in sec-
tion 101(a)(17) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(17)). 
(6) LEGAL GUARDIAN.—The term ‘‘legal guard-
ian’’ means a legal guardian, as defined under State 
law or under the law of a foreign country. 
(7) 
MEMBER
OF
A
VULNERABLE
POPU-
LATION.—The term ‘‘member of a vulnerable popu-
lation’’ means an individual who— 
(A) is an asylum seeker or is otherwise 
seeking lawful status; 
(B) is a victim of torture or trafficking; 
(C) has special religious, cultural, or spir-
itual considerations; 
(D) is pregnant or nursing; 
(E) is younger than 21 years of age; 
(F) is older than 60 years of age; 
(G) identifies as gay, lesbian, bisexual, 
transgender, or intersex; 
(H) is a victim or a witness of a crime; 
(I) has a mental disorder or physical dis-
ability; or 
VerDate Sep 11 2014 
01:08 Sep 27, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5347.IH
H5347
kjohnson on DSK79L0C42PROD with BILLS
(J) is experiencing severe trauma or is a 
survivor of torture or gender-based violence, as 
determined by an immigration judge or the Sec-
retary based on information obtained— 
(i) by the attorney or legal services 
provider of the individual during the intake 
process; or 
(ii) through credible reporting by the 
individual. 
(8) PARENT.—The term ‘‘parent’’ means a bio-
logical or adoptive parent of a child, whose parental 
rights have not been relinquished or terminated 
under State law or the law of a foreign country. 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
SEC. 3. ALTERNATIVES TO DETENTION UNDER THE IMMI-
GRATION LAWS. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary shall establish 
programs to provide alternatives to detention under 
the immigration laws. 
(2) AVAILABILITY.—The programs required 
under paragraph (1) shall be available to an alien 
regardless of whether— 
VerDate Sep 11 2014 
01:08 Sep 27, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5347.IH
H5347
kjohnson on DSK79L0C42PROD with BILLS
(A) a decision on a charge of removability 
with respect to the alien is pending; or 
(B) the alien is subject to an order of re-
moval. 
(3) CONTINUUM
OF
SUPERVISION.—The pro-
grams required under paragraph (1) shall provide 
for a continuum of supervision mechanisms and op-
tions, including community-based supervision and 
community support. 
(4) CONTRACTS WITH NONGOVERNMENTAL OR-
GANIZATIONS.—The Secretary may contract with 
one or more nongovernmental organizations to pro-
vide services under this subsection and subsection 
(b). 
(b) RESTORATION OF THE FAMILY CASE MANAGE-
MENT PROGRAM.—Not later than 7 days after the date 
of the enactment of this Act, the Secretary shall fully re-
store the U.S. Immigration and Customs Enforcement 
Family Case Management Program, as constituted on 
January 21, 2016, which shall— 
(1) provide community supervision and commu-
nity support services, including case management 
services, appearance services, and screening of aliens 
who have been detained; and 
VerDate Sep 11 2014 
01:08 Sep 27, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5347.IH
H5347
kjohnson on DSK79L0C42PROD with BILLS
(2) be carried out through a contract with a 
nongovernmental 
organization 
that 
has 
dem-
onstrated expertise in providing such supervision 
and support services. 
(c) DETERMINATION OF VULNERABLE POPULATION 
OR CAREGIVER STATUS REQUIRED.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), not later than 72 hours after taking an in-
dividual into custody under the immigration laws, 
the Secretary, the Commissioner of U.S. Customs 
and Border Protection, an immigration officer, or an 
immigration judge shall make an individualized de-
termination with respect to— 
(A) whether the individual may participate 
in an alternatives to detention program, includ-
ing the Family Case Management Program de-
scribed in subsection (b); and 
(B) the appropriate level of supervision for 
such individual. 
(2) PRESUMPTION FOR PLACEMENT IN ALTER-
NATIVES TO DETENTION PROGRAM.— 
(A) IN GENERAL.—There shall be a pre-
sumption for placement in an alternatives to de-
tention program that is a community-based su-
pervision program for any alien who is— 
VerDate Sep 11 2014 
01:08 Sep 27, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5347.IH
H5347
kjohnson on DSK79L0C42PROD with BILLS
(i) taken into the physical custody of 
the Department of Homeland Security; 
and 
(ii) a member of a vulnerable popu-
lation, a parent of a child who is younger 
than 18 years of age, a dependent care-
giver, or a family caregiver. 
(B) EXCEPTION.—The presumption de-
scribed in subparagraph (A) shall not apply if 
the Secretary, the Commissioner of U.S. Cus-
toms and Border Protection, an immigration of-
ficer, or an immigration judge specifically deter-
mines that the alien is a threat to himself or 
herself or to the public. 
(3) EXCEPTIONS.—Alternatives to detention 
programs shall not be available to any individual— 
(A) who is detained pursuant to section 
236A of the Immigration and Nationality Act 
(8 U.S.C. 1226a); or 
(B) for whom release on bond or recog-
nizance is determined to be a sufficient measure 
to ensure appearances at immigration pro-
ceedings and public safety. 
(d) COORDINATOR OF ALTERNATIVES TO DETEN-
TION.— 
VerDate Sep 11 2014 
01:08 Sep 27, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5347.IH
H5347
kjohnson on DSK79L0C42PROD with BILLS
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary 
shall— 
(A) establish within the Department of 
Homeland Security the position of Coordinator 
of Alternatives to Detention (referred to in this 
subsection as the ‘‘Coordinator’’), who shall re-
port directly to the Secretary; and 
(B) appoint the Coordinator. 
(2) RESOURCES.—The Secretary shall make 
available to the Coordinator such personnel, funds, 
and other resources as may be appropriate to enable 
the Coordinator to carry out the mission described 
in paragraph (3)(A). 
(3) MISSION AND DUTIES.— 
(A) MISSION.—The mission of the Coordi-
nator shall be to coordinate, in collaboration 
with the executive departments, the use of al-
ternatives to detention programs. 
(B) DUTIES OF COORDINATOR.— 
(i) IN
GENERAL.—The Coordinator 
shall— 
(I) serve as the primary point of 
contact within the executive branch 
for Congress, State and local govern-
VerDate Sep 11 2014 
01:08 Sep 27, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5347.IH
H5347
kjohnson on DSK79L0C42PROD with BILLS
ments, the private sector, and commu-
nity leaders with respect to the alter-
natives to detention programs; and 
(II) in coordination with the ex-
ecutive departments, with respect to 
Congress, State and local govern-
ments, the private sector, and commu-
nity leaders, manage information flow 
about, requests for actions relating to, 
and discussions on, such programs. 
(ii) REPORTS REQUIRED.— 
(I) 
MONTHLY
REPORTS.—Not 
later than 30 days after the date on 
which the Coordinator is appointed, 
and every 30 days thereafter, the Co-
ordinator shall submit a report to 
Congress that includes, for the report-
ing period— 
(aa) the number of individ-
uals detained under the immigra-
tion laws— 
(AA) pending a decision 
on whether the individual is 
to be removed; and 
VerDate Sep 11 2014 
01:08 Sep 27, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5347.IH
H5347
kjohnson on DSK79L0C42PROD with BILLS
(BB) after the issuance 
of a removal order; 
(bb) an assessment whether 
any individual described in item 
(aa) is subject to the special rule 
under subsection (c)(2)(B); and 
(cc) the number of individ-
uals participating in an alter-
natives to detention program es-
tablished under subsection (a), 
disaggregated by the level of su-
pervision of such individuals. 
(II) 
ANNUAL
REPORTS.—Not 
later than 1 year after the date on 
which the Coordinator is appointed, 
and annually thereafter, the Coordi-
nator shall submit a report to Con-
gress that includes— 
(aa) guidance and require-
ments for referral and placement 
decisions in alternatives to deten-
tion programs; 
(bb) information on enroll-
ment in alternatives to detention 
VerDate Sep 11 2014 
01:08 Sep 27, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5347.IH
H5347
kjohnson on DSK79L0C42PROD with BILLS
programs, disaggregated by field 
office; 
(cc) 
information 
on 
the 
length of enrollment in alter-
natives to detention programs, 
disaggregated by type of alter-
native to detention program; and 
(dd) information on the pop-
ulation enrolled in alternatives to 
detention 
programs, 
disaggregated by type of alter-
native to detention program and 
point of apprehension. 
(C) DUTIES
OF
EXECUTIVE
DEPART-
MENTS.—The heads of the executive depart-
ments shall— 
(i) respond promptly to any request 
by the Coordinator; 
(ii) consistent with applicable law, 
provide such information as the Coordi-
nator considers necessary to carry out the 
mission of the Coordinator; and 
(iii) otherwise cooperate with the Co-
ordinator to the maximum extent prac-
VerDate Sep 11 2014 
01:08 Sep 27, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5347.IH
H5347
kjohnson on DSK79L0C42PROD with BILLS