I 
110TH CONGRESS 
2D SESSION 
H. R. 7255 
To reform immigration detention procedures, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 3, 2008 
Ms. ROYBAL-ALLARD introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Home-
land Security, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To reform immigration detention procedures, 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 ‘‘Immigration Oversight 
and Fairness Act’’. 
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SEC. 2. ENHANCED PROTECTIONS FOR VULNERABLE UNAC-
COMPANIED ALIEN CHILDREN AND FEMALE 
DETAINEES. 
(a) MANDATORY
TRAINING.—The Secretary of 
Homeland Security, in consultation with the Office of Ref-
ugee Resettlement of the Department of Health and 
Human Services and independent child welfare experts, 
shall mandate live training of all personnel who come into 
contact with unaccompanied alien children (as defined in 
section 462 of the Homeland Security Act of 2002 (6 U.S. 
C. 279)) in all relevant legal authorities, policies, and pro-
cedures pertaining to this vulnerable population. 
(b) CARE AND TRANSPORTATION.—Notwithstanding 
any other provision of law, the Secretary of Homeland Se-
curity shall ensure that all unaccompanied children who 
will undergo any immigration proceedings before the De-
partment of Homeland Security and the Executive Office 
for Immigration Review are duly transported and placed 
in the care and legal and physical custody of the Office 
of Refugee Resettlement within a maximum of 24 hours 
of their apprehension absent narrowly defined exceptional 
circumstances, including a natural disaster or comparable 
emergency beyond the control of the Department of 
Homeland Security or the Office of Refugee Resettlement. 
The Secretary of Homeland Security shall ensure that fe-
male officers are responsible and at all times present dur-
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ing the transfer and transport of female detainees who are 
in the custody of the Department of Homeland Security. 
(c) QUALIFIED RESOURCES.—For purposes of this 
section, the Secretary of Homeland Security shall provide 
adequately trained and qualified staff resources at each 
major port of entry (as defined by the U.S. Customs and 
Border Protection station assigned to that port having in 
its custody over the past two fiscal years an average per 
year of 50 or more unaccompanied alien children (as de-
fined in section 462 of the Homeland Security Act of 2002 
(6 U.S.C. 279))), including U.S. Customs and Border 
Protection agents charged primarily with the safe, swift, 
and humane transportation of unaccompanied alien chil-
dren to Office of Refugee Resettlement custody and inde-
pendent licensed social workers dedicated to ensuring the 
proper temporary care for the children while in Depart-
ment of Homeland Security custody prior to their transfer 
to the Office of Refugee Resettlement, who will ensure 
that each child— 
(1) receives emergency medical care; 
(2) receives mental health care in case of trau-
ma and has access to psychosocial health services; 
(3) is provided with a pillow, linens, and suffi-
cient blankets to rest at a comfortable temperature, 
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a bed, and a mattress placed in an area specifically 
designated for residential use; 
(4) receives adequate nutrition; 
(5) enjoys a safe and sanitary living environ-
ment; 
(6) receives educational materials; and 
(7) has access to at least three hours per day 
of indoor and outdoor recreational programs and ac-
tivities . 
(d) NOTIFICATION.—The Secretary of Homeland Se-
curity shall immediately notify the Office of Refugee Re-
settlement of an unaccompanied alien child in the custody 
of the Department of Homeland Security to effectively and 
efficiently coordinate the child’s transfer to and placement 
with the Office of Refugee Resettlement. 
(e) NOTICE OF RIGHTS AND ACCESS TO COUNSEL.— 
The Secretary of Homeland Security shall ensure that an 
independent licensed social worker, as described in sub-
section (c), provides all unaccompanied alien children upon 
apprehension with both a video orientation and oral and 
written notice of their rights under the Immigration and 
Nationality Act including their rights to relief from re-
moval and their rights to confer with counsel (as guaran-
teed under section 292 of such Act), family, or friends 
while in the Department of Homeland Security’s tem-
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porary custody and relevant complaint mechanisms to re-
port any abuse or misconduct they may have experienced. 
The Secretary of Homeland Security shall ensure that the 
video orientation and written notice of rights is available 
in English and in the five most common native languages 
spoken by the unaccompanied children held in custody at 
that location during the preceding fiscal year, and that 
the oral notice of rights is available in English and in the 
most common native language spoken by the unaccom-
panied children held in custody at that location during the 
preceding fiscal year. 
(f) OTHER POLICIES AND PROCEDURES.—The Sec-
retary shall further adopt fundamental child protection 
policies and procedures— 
(1) for reliable age-determinations of children 
which exclude the use of fallible forensic testing of 
children’s bone and teeth developed in consultation 
with medical and child welfare experts; 
(2) to ensure the safe and secure repatriation 
and reintegration of unaccompanied alien children to 
their home countries through specialized programs 
developed in close consultation with the Secretary of 
State, the Office of the Refugee Resettlement and 
reputable independent child welfare experts includ-
ing placement of children with their families or non-
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governmental agencies to provide food, shelter and 
vocational training and microfinance opportunities; 
(3) to utilize all legal authorities to defer the 
child’s removal if the child faces a risk of life-threat-
ening harm upon return including due to the child’s 
mental health or medical condition; and 
(4) to ensure that unaccompanied alien children 
(as defined in section 462 of the Homeland Security 
Act of 2002 (6 U.S.C. 279)) are physically sepa-
rated from any adult who is not an immediate fam-
ily member and are separated by sight and sound 
from immigration detainees and inmates with crimi-
nal convictions, pretrial inmates facing criminal 
prosecution, children who have been adjudicated 
delinquents or convicted of adult offenses or are 
pending delinquency or criminal proceedings, and 
those inmates exhibiting violent behavior while in de-
tention as is consistent with the Juvenile Justice 
and Delinquency Prevention Act of 1974 (42 U.S.C. 
5601 et seq.). 
SEC. 3. DETENTION CONDITIONS. 
(a) DETENTION REQUIREMENTS.—All detention fa-
cilities shall fully comply with the following minimum re-
quirements: 
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(1) ACCESS TO TELEPHONES.—Detention facili-
ties shall provide to detainees reasonable and equi-
table access to working telephones, and the ability to 
contact, free of charge, legal representatives, foreign 
consulates, the immigration courts, the Board of Im-
migration Appeals, the Federal courts, and all others 
who are contacted for the purpose of obtaining legal 
representation. Detention facilities shall provide to 
detainees access to telephones during facility work-
ing hours and on an emergency basis in accordance 
with the following: 
(A) The detention facility shall provide to 
each detainee a copy of its rules governing tele-
phone access and shall post those rules, to-
gether with an explanation of how to make toll- 
free calls, within sight of each telephone avail-
able to detainees. These rules shall be trans-
lated into Spanish and two additional languages 
spoken by a substantial part of the detainee 
population of the detention facility. If a deten-
tion facility has determined that more than 5 
percent of its population is a certain ethnicity, 
the document should be translated into that 
ethnicity’s appropriate language. The detention 
facility shall also provide oral interpretation and 
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written translation assistance to detainees in 
reading any relevant materials required to re-
quest telephone access, including oral interpre-
tation assistance for those who are not literate 
in English, Spanish, and other languages spo-
ken by the detainee population of the facility. 
(B) The rates charged for telephone calls 
shall be reasonable and equitable and shall not 
significantly impair detainees’ access to tele-
phones. 
(C) The detention facility shall not restrict 
the number of calls detainees may place to their 
legal representatives or consular officials, or to 
any others for the purpose of obtaining legal 
representation, or limit the duration of those 
calls by rule or automatic cut-off, unless nec-
essary for security reasons. The detention facil-
ity shall have a reasonable number of working 
phones available to detainees, and at a min-
imum one phone per each 25 users. 
(D) The detention facility shall ensure the 
privacy of telephone conversations between de-
tainees and legal representatives or consular of-
ficials, and any other calls made for the pur-
pose of obtaining legal representation. Means to 
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ensure privacy may include the use of privacy 
panels, the placement of phones in housing 
pods, and other appropriate measures. 
(E) Detainees’ telephone calls to a court, 
legal representative, or consular official, or for 
the purpose of obtaining legal representation, 
shall not be monitored or recorded without a 
court order and without prior notification to the 
detainee. 
(F) The detention facility shall take and 
deliver telephone messages to detainees as 
promptly as possible, but no less often than 
twice a day. Detainees shall be permitted to 
make confidential telephone calls promptly 
within 8 hours of receipt of messages left by a 
court, legal representative, prospective legal 
representative, or consular official as soon as 
reasonably possible after the delivery of the 
message. 
(2) QUALITY OF MEDICAL CARE.—Detention fa-
cilities shall afford a continuum of prompt, high 
quality medical care, including care to address med-
ical needs that existed prior to detention, at no cost 
to detainees. Such medical care shall address all de-
tainee health needs and shall include chronic care, 
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dental care, eye care, mental health care, individual 
and group counseling, medical dietary needs, and 
other medically necessary specialized care in accord-
ance with the following: 
(A) All detention facilities shall maintain 
current accreditation by the National Commis-
sion on Correctional Health Care and the Joint 
Commission on the Accreditation of Health 
Care Organizations. Detention facilities that are 
not accredited as of the date of the enactment 
of this Act will obtain such accreditation within 
one year, and if accreditation is not obtained by 
that time the Secretary of Homeland Security 
shall cease use of the facility. All standards, 
policies and practices shall at a minimum com-
ply with the National Commission on Correc-
tional Health Care Standards for Health Serv-
ices in Jails. 
(B) All detention facilities shall have a des-
ignated on-site health authority who is a physi-
cian, a health services administrator, or a 
health agency. Clinical decisions shall be made 
solely by a licensed health care provider. 
(C) Each immigration detainee shall re-
ceive a comprehensive medical and mental 
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health intake screening by a qualified health 
care professional upon arrival at the facility and 
each immigration detainee shall receive a com-
prehensive medical and mental health examina-
tion and assessment by a qualified health care 
professional not later than 14 days after ar-
rival. 
(D) Any decision to deny requested med-
ical care or treatment, or care or treatment rec-
ommended by any outside physician or spe-
cialist, to a detainee shall be made within 72 
hours or earlier if medically necessary and shall 
be accompanied by a written explanation of the 
reasons for the denial. This decision and the 
written explanation of the decision shall be si-
multaneously communicated to the detainee and 
to the Secretary of Homeland Security. 
(E) Detainees shall be afforded an oppor-
tunity to obtain an appeal of any decisions de-
nying a request for medical treatment. Such an 
appeal or request for reconsideration shall be 
resolved in writing within 7 days or earlier if 
medically necessary by an appeals board that 
shall be composed of independent health care 
professionals in the fields relevant to the re-
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quest for medical or mental health care. The 
written decision shall be conveyed to the on-site 
medical provider and the immigration detainee 
within 24 hours of a decision by the appeals 
board. 
(F) Except in emergency situations where 
informed consent cannot reasonably be ob-
tained, medical care and treatment shall be pro-
vided only with the informed consent of the de-
tainee or a person authorized by the detainee or 
applicable law to provide such consent. 
(G) Involuntary psychotropic medication 
may be used only if allowed by applicable law 
and then only in emergency situations when a 
physician has determined, after personally ex-
amining the patient, that— 
(i) a detainee is imminently dangerous 
to self or others due to a mental illness; 
and 
(ii) involuntary psychotropic medica-
tion is medically appropriate to treat the 
mental illness and necessary to prevent 
harm. If a detainee is represented by coun-
sel, the administration of any psychotropic 
drug to the detainee shall be disclosed to 
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the detainee’s counsel promptly and in any 
event within a reasonable time prior to any 
hearing in which the detainee will appear. 
If a detainee is not represented by counsel, the 
administration of any psychotropic drug to the 
detainee shall, with the informed consent of the 
detainee, be disclosed to the Immigration Court 
prior to any hearing in which the detainee will 
appear. Any disclosure to the court by any per-
son of the administration of a psychotropic 
drug to the detainee shall be filed under seal 
and may be disclosed to other persons only in 
the same manner and to the same extent that 
medical records may be disclosed. Any detainee 
who receives medication pursuant to this sub-
paragraph must be afforded a hearing pursuant 
to the procedures set forth in 28 C.F.R. 
549.43, as described in Washington v. Harper, 
494 U.S. 210 (1990), before the detainee may 
receive medication again under this subpara-
graph. 
(H) No drugs of any kind shall be admin-
istered to detainees without their informed con-
sent for the purpose of sedation or controlling 
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the detainee’s behavior during transportation or 
removal or for the purpose of punishment. 
(I) All detention facilities shall maintain 
complete medical records for every detainee, 
which shall be made available within 72 hours 
to any detention facility to which the detainee 
may be transferred. Medical records shall also 
be made available within 72 hours to a de-
tainee, his legal representative, or other author-
ized individuals upon request by the detainee. 
Any and all medical and mental health records 
of a detainee shall be treated as confidential, as 
required by the Health Insurance Portability 
and Accountability Act of 1996. 
(J) For each fiscal year after the passage 
of this Act, the Secretary of Homeland Security 
shall report to the Congress on a semiannual 
basis, and to Department of Homeland Security 
Office of Inspector General within 48 hours of 
any in-custody death, information regarding the 
death of any person who is in the custody of 
U.S. Immigration and Customs Enforcement 
that, at a minimum, includes— 
(i) the name, gender, national origin, 
alien number, and age of the deceased; 
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(ii) the date on which detention in 
U.S. Immigration and Customs Enforce-
ment custody commenced; 
(iii) the date and location of death; 
(iv) the location of last detention; 
(v) a brief description of the cir-
cumstances surrounding the death; 
(vi) the status and results of any in-
vestigation(s) that has been conducted into 
the circumstances surrounding the death; 
(vii) each location where the indi-
vidual was held in U.S. Immigration and 
Customs Enforcement custody or the cus-
tody of an entity contracting with U.S. Im-
migration and Customs Enforcement and 
the dates during which the individual was 
held at each location; and 
(viii) all medical records of the de-
ceased. 
(K) All detainee transfers shall take into 
consideration the detainee’s health and medical 
fitness. Continuity of care shall be preserved 
during and after transfers, and detainees shall 
suffer no interruption in the provision of treat-
ment, including prescription medication. 
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(3) SEXUAL ABUSE REGULATIONS CONCERNING 
CARE AND CUSTODY OF DETAINEES.— 
(A) IN
GENERAL.—Detention facilities 
shall take all necessary measures to prevent 
sexual abuse of detainees, including sexual as-
saults, and shall observe the minimum stand-
ards under the Prison Rape Elimination Act of 
2003 (42 U.S.C. 15601 et seq.). 
(B) MEASURES WHERE ABUSE OCCURS.— 
Where sexual abuse occurs, detention facilities 
shall ensure that— 
(i) prompt and appropriate medical 
intervention is taken to minimize medical 
and psychological trauma; 
(ii) a medical history is taken and a 
physical examination is conducted by quali-
fied and culturally appropriate medical 
professionals to determine the extent of 
physical injury and whether referral to an-
other medical facility is indicated; 
(iii) prophylactic treatment, emer-
gency contraception, and follow-up for sex-
ually transmitted diseases are provided; 
(iv) the case is evaluated by a quali-
fied mental health professional for crisis 
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intervention counseling and long-term fol-
low-up; 
(v) victims are separated from their 
abusers and are considered for release on 
parole or for an alternative to detention 
program; and 
(vi) any and all medical and mental 
health records arising out of a detainee’s 
allegation of sexual abuse shall be treated 
as confidential, as required by the Health 
Insurance Portability and Accountability 
Act of 1996. 
(C) REPORTING.—A detention facility shall 
not subject any person to punishment or any 
other form of retaliation for reporting incidents 
of sexual abuse. 
(D) INVESTIGATION.—In all cases of al-
leged sexual abuse, the detention facility shall 
conduct a thorough and timely investigation 
and shall provide to the Secretary of Homeland 
Security a report of the circumstances and the 
response of the detention facility. If the report 
is not completed within 30 days after alleged 
sexual abuse comes to the attention of the de-
tention facility, the detention facility shall sub-
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mit to the Secretary of Homeland Security a 
description of the status of the investigation 
and an estimated date of completion 30 days 
after the alleged sexual abuse comes to the at-
tention of the detention facility and every 30 
days thereafter until the report is provided to 
the Secretary of Homeland Security. The report 
required by this subsection shall include at min-
imum a determination of whether the alleged 
sexual abuse occurred, an in-depth analysis of 
the relevant facts including the causes of any 
sexual abuse that may have occurred and 
whether and to what extent the alleged abuse 
indicates a failure of policy, a failure of train-
ing, a failure of oversight, or a failure of man-
agement, and a description of the actions that 
the facility will take to prevent the occurrence 
of similar incidents in the future and a plan for 
monitoring the implementation of those actions. 
The detention facility shall provide to the Sec-
retary of Homeland Security periodic reports 
monitoring the implementation of the plan in 
accordance with the schedule set forth in such 
plan as approved by the Secretary of Homeland 
Security. 
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(4) TRANSFER OF DETAINEES.— 
(A) PROCEDURES.—In adopting proce-
dures governing the transfer of individuals de-
tained under section 236 of the Immigration 
and Nationality Act (8 U.S.C. 1226), the Sec-
retary of Homeland Security shall promulgate 
regulations requiring officials of the Depart-
ment of Homeland Security to give substantial 
weight to— 
(i) the detainee’s access to legal rep-
resentation; 
(ii) the detainee’s residence prior to 
apprehension; 
(iii) the location of family members; 
(iv) the stage of any legal proceeding 
involving the detainee; 
(v) the proximity of the transferee fa-
cility to the venue of such proceeding; 
(vi) the detainee’s health and medical 
fitness; and 
(vii) whether the detainee has a pend-
ing application with United States Citizen-
ship and Immigration Services or the Ex-
ecutive Office for Immigration Review or 
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has appeared for a merits or calendar 
hearing. 
(B) 
NOTICE.—Unless 
exigent 
cir-
cumstances dictate an immediate transfer— 
(i) the Secretary of Homeland Secu-
rity shall provide not less than 72 hours 
notice to any detainee prior to transferring 
the detainee to another detention facility; 
(ii) detainees shall be afforded at least 
one toll-free call following any transfer, 
and within 24 hours after the detainee’s 
arrival at the transferee facility, the Sec-
retary of Homeland Security shall notify 
the detainee’s legal representative or if un-
represented, an adult family member or 
other person designated by the detainee, of 
the transfer and the detainee’s new loca-
tion; 
(iii) if removal proceedings are pend-
ing, the Secretary of Homeland Security 
shall also promptly notify the Immigration 
Court, Board of Immigration Appeals, or 
the Circuit Court of Appeals, as appro-
priate of the transfer and the detainee’s 
new address; and 
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(iv) the Secretary of Homeland Secu-
rity shall not transfer any detainee who 
has already requested, and is awaiting, a 
bond hearing or a bond redetermination 
hearing. 
(C) ATTORNEY-CLIENT RELATIONSHIPS.— 
The Secretary may not transfer a detainee who 
has an existing attorney-client relationship to 
another facility if such transfer will— 
(i) impair the existing attorney client 
relationship; or 
(ii) prejudice the rights of the de-
tainee in any legal proceeding. 
(D) 
EXCEPTION.—The 
Secretary 
may 
transfer a detainee who has an existing attor-
ney-client relationship to an alternate detention 
facility if such transfer is necessitated by a 
highly unusual emergency, such as a natural 
disaster or comparable emergency. 
(E) 
PROTECTING
DETAINEES
LEGAL 
RIGHTS.—If the Secretary determines that a 
transfer is necessary due to a highly unusual 
emergency, the Secretary shall ensure that the 
detainee’s legal rights are not prejudiced and 
the existing attorney-client relationship is not 
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Immigration and Customs Enforcement di-
rectly and confidentially, outside the griev-
ance process. 
(iii) Detainees shall not be subject to 
retaliation for making use of the grievance 
procedure or procedure for complaining di-
rectly to staff of U.S. Immigration and 
Customs Enforcement. 
(iv) Detention facilities shall orally in-
form detainees of the grievance procedure 
and the procedure for complaining directly 
to staff of U.S. Immigration and Customs 
Enforcement and shall provide to every de-
tainee a copy of those procedures within 24 
hours after admission. The detention facil-
ity shall provide oral interpretation and 
written translation assistance to detainees 
in completing any grievance or complaint 
forms or other relevant materials required 
to comply with grievance procedures. 
(v) Detention facilities shall make an 
annual report regarding the grievances re-
ceived, the responses made, and the time 
period for response, and such report shall 
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