‘‘(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 
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 
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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 
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 
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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 
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-
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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 
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 
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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-
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— 
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‘‘(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; 
‘‘(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 
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‘‘(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. 
‘‘(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 
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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 
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. 
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‘‘(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— 
‘‘(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. 
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‘‘(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 
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. 
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‘‘(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. 
‘‘(7) CASE MANAGEMENT REVIEW.—Not later 
than 180 days after the date of the enactment of the 
Dignity for Detained Immigrants Act, 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-
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ignation and all that 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, 
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 
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‘‘(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-
mine whether there was probable cause for such 
arrest, including probable cause to believe that 
the alien would have knowingly and willfully 
failed to appear as required under subpara-
graph (B) if the alien had not been arrested, 
which burden to establish probable cause shall 
be on the Department of Homeland Security;’’. 
(c) MANDATORY DETENTION REPEALED.— 
(1) IN GENERAL.—The Immigration and Na-
tionality Act (8 U.S.C. 1101 et seq.) is amended— 
(A) in section 235(b) (8 U.S.C. 1225(b))— 
(i) in paragraph (1)(B)— 
(I) in clause (ii), by striking ‘‘de-
tained’’ and inserting ‘‘referred’’; and 
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(II) in clause (iii), by striking 
subclause (IV); and 
(ii) in paragraph (2)(A), by striking 
‘‘detained’’ and inserting ‘‘referred’’; 
(B) by striking section 236A (8 U.S.C. 
1226); 
(C) 
in 
section 
238(a)(2) 
(8 
U.S.C. 
1228(a)(2)), by striking ‘‘pursuant to section 
236(c),’’; and 
(D) 
in 
section 
506(a)(2) 
(8 
U.S.C. 
1536(a)(2))— 
(i) by amending the heading to read 
as 
follows: 
‘‘RELEASE
HEARING
FOR 
ALIENS DETAINED’’; and 
(ii) in subparagraph (A)— 
(I) by amending the heading to 
read as follows: ‘‘IN GENERAL’’; 
(II) in the matter preceding 
clause (i), by striking ‘‘lawfully admit-
ted for permanent residence’’; 
(III) by striking clause (i); and 
(IV) by redesignating clauses (ii) 
and (iii) as clauses (i) and (ii), respec-
tively. 
(2) CONFORMING AMENDMENTS.— 
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(A) The table of sections for the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et 
seq.) is amended by striking the item relating 
to section 236A. 
(B) Section 241(c)(3)(A)(ii) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1231(c)(3)(A)(ii)) is amended— 
(i) in subclause (I), by striking the 
comma at the end and inserting ‘‘; or’’; 
(ii) in subclause (II), by striking ‘‘, 
or’’ and inserting a period; and 
(iii) by striking subclause (III). 
(d) ALIENS ORDERED REMOVED.— 
(1) IN GENERAL.—Section 241(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1231(a)) is 
amended— 
(A) in paragraph (1), by striking ‘‘90 
days’’ each place it appears and inserting ‘‘60 
days’’; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) 
INITIAL
CUSTODY
REDETERMINATION 
HEARING.— 
‘‘(A) IN
GENERAL.—Not later than 72 
hours after the entry of a final administrative 
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order of removal, the alien ordered removed 
shall be provided with a custody redetermina-
tion hearing before an immigration judge. 
‘‘(B) PRESUMPTION OF DETENTION.—For 
purposes of the hearing under subparagraph 
(A), the alien shall be detained during the re-
moval period unless the alien demonstrates by 
the preponderance of the evidence that— 
‘‘(i) the alien’s removal is not reason-
ably foreseeable; and 
‘‘(ii) the alien does not pose a risk to 
the safety of any individual or to the com-
munity.’’; 
(C) in paragraph (3)— 
(i) in the paragraph heading, by strik-
ing ‘‘90-DAY’’ and inserting ‘‘60-DAY’’; and 
(ii) in the matter preceding subpara-
graph (A), by striking ‘‘the alien, pending 
removal, shall be subject to supervision 
under’’ and inserting the following: ‘‘except 
as provided in paragraph (6), any alien 
who has been detained during the removal 
period shall be released from custody, 
pending removal, subject to individualized 
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supervision requirements in accordance 
with’’; 
(D) by amending paragraph (6) to read as 
follows: 
‘‘(6) SUBSEQUENT
CUSTODY
REDETERMINA-
TION HEARINGS.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security may request a subsequent 
redetermination hearing before an immigration 
judge seeking continued detention for an alien 
ordered to be detained pursuant to paragraph 
(2) who has not been removed within the re-
moval period. 
‘‘(B) STANDARD.—An alien may only be 
detained after the removal period upon a show-
ing by the Secretary of Homeland Security 
that— 
‘‘(i) the alien’s removal is reasonably 
foreseeable; or 
‘‘(ii) the alien poses a risk to the safe-
ty of an individual or the community, 
which may only be established based on 
credible and individualized information and 
may not be established based only on the 
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fact that the alien has been charged with 
or is suspected of a crime. 
‘‘(C) PERIOD OF DETENTION.— 
‘‘(i) IN GENERAL.—An alien may not 
be detained pursuant to an order under 
this paragraph for longer than a 60-day 
period. 
‘‘(ii) 
SUBSEQUENT
REDETERMINA-
TION HEARING.—The Secretary of Home-
land Security may seek subsequent redeter-
mination hearings under this paragraph in 
order to continue detaining an alien be-
yond each such 60-day period.’’; and 
(E) by striking paragraph (7). 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—The Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended— 
(A) in section 238 (8 U.S.C. 1228)— 
(i) in subsection (a)(1)— 
(I) by moving the paragraph 2 
ems to the right; 
(II) by amending the paragraph 
heading to read as follows: ‘‘IN GEN-
ERAL’’; and 
(III) in the first sentence— 
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