I 
116TH CONGRESS 
2D SESSION 
H. R. 8913 
To report data on COVID–19 immigration detention facilities and local cor-
rectional facilities that contract with U.S. Immigration and Customs 
Enforcement, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 9, 2020 
Mr. CASTRO of Texas (for himself, Mr. RASKIN, Mr. VARGAS, Ms. GARCIA of 
Texas, Mr. VELA, Mr. MCGOVERN, Mrs. WATSON COLEMAN, and Mr. 
GREEN of Texas) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committees on Home-
land Security, and Ways and Means, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To report data on COVID–19 immigration detention facilities 
and local correctional facilities that contract with U.S. 
Immigration and Customs Enforcement, 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 ‘‘COVID–19 in Immi-
gration Detention Data Transparency Act’’. 
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SEC. 2. DEFINITIONS. 
In this Act: 
(1) CBP DETENTION
FACILITY.—The term 
‘‘CBP detention facility’’ means any facility used by 
U.S. Customs and Border Protection to detain non-
citizens. 
(2) CDC DIRECTOR.—The term ‘‘CDC Direc-
tor’’ means the Director of the Centers for Disease 
Control and Prevention. 
(3) CONTRACT
DETENTION
FACILITY.—The 
term ‘‘contract detention facility’’ means any facility 
used for the detention of noncitizens that is operated 
by a government agency or a private entity that has 
contracted with U.S. Immigration and Customs En-
forcement, U.S. Customs and Border Protection, or 
the Office of Refugee Resettlement to provide such 
detention services, including service processing cen-
ters, juvenile detention facilities, family residential 
centers, facilities holding noncitizens awaiting re-
moval, and similar facilities operating under an 
intergovernmental service agreement with any of 
such Federal agencies, including intergovernmental 
agreements with the United States Marshals Service. 
(4) 
COVID–19.—The 
term 
‘‘COVID–19’’ 
means the 2019 novel coronavirus disease caused by 
the SARS–CoV–2 virus. 
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(5) COVID–19 DIAGNOSTIC TEST.—The term 
‘‘COVID–19 diagnostic test’’ means a test— 
(A) that is an in vitro diagnostic product 
(as defined in section 809.3 of title 21, Code of 
Federal Regulations) for the detection of 
SARS–CoV–2; and 
(B) the administration of which— 
(i) is approved, cleared, or authorized 
under section 510(k), 513, 515, or 564 of 
the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 360(k), 360c, 360e, 360bbb–3); 
(ii) the developer has requested, or in-
tends to request, emergency use authoriza-
tion under section 564 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 
360bbb–3), unless and until the emergency 
use authorization request under such sec-
tion 564 has been denied or the developer 
of such test does not submit a request 
under such section within a reasonable 
timeframe; 
(iii) is developed in and authorized by 
a State that has notified the Secretary of 
Health and Human Services of its inten-
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tion to review tests intended to diagnose 
COVID–19; or 
(iv) is another test that the Secretary 
determines appropriate in guidance. 
(6) COVID–19 EMERGENCY DATA COLLECTION 
PERIOD.—The term ‘‘COVID–19 emergency data 
collection period’’ means the period beginning on the 
date of enactment of this Act and ending on the 
date that is 1 year after the date on which the pub-
lic health emergency declaration under section 319 
of the Public Health Service Act (42 U.S.C. 247d), 
with respect to COVID–19, terminates. 
(7) FACILITY STAFF.—The term ‘‘facility staff’’ 
includes all individuals who work in a detention fa-
cility, including any individual who regularly reports 
for work within the detention facility, regardless of 
the actual employer of such individual. 
(8) ICE 
DETENTION
FACILITY.—The term 
‘‘ICE detention facility’’ means any facility used by 
U.S. Immigration and Customs Enforcement to de-
tain noncitizens, including service processing centers. 
(9) ORR 
CONTRACTED
FACILITY
OR
PRO-
GRAM.—The term ‘‘ORR contracted facility or pro-
gram’’ means any facility or program in which unac-
companied noncitizen children are in the care and 
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custody of the Department of Health and Human 
Services. 
(10) PUBLIC HEALTH EMERGENCY.—The term 
‘‘public health emergency’’ means— 
(A) a national emergency involving Federal 
primary responsibility determined to exist by 
the President under section 501(b) of the Rob-
ert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5191(b)) with re-
spect to a communicable disease; 
(B) a national emergency declared by the 
President under sections 201 and 301 of the 
National Emergencies Act (50 U.S.C. 1621 and 
1631) with respect to a communicable disease; 
(C) a national public health emergency de-
clared by the Secretary of Health and Human 
Services under section 319 of the Public Health 
Service Act (42 U.S.C. 247d); or 
(D) a global pandemic declared by the 
World Health Organization. 
SEC. 3. COVID–19 DATA COLLECTION REQUIREMENTS. 
(a) FEDERAL DETENTION FACILITIES.—The Direc-
tor of U.S. Immigration and Customs Enforcement, the 
Commissioner of U.S. Customs and Border Protection, the 
Director of the Office of Refugee Resettlement, and any 
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senior official acting in, or performing the duties of, any 
such position shall, during the COVID–19 emergency data 
collection period— 
(1) post daily updates on the public website of 
the applicable agency containing the information de-
scribed in section 5 with respect to staff working at 
ICE detention facilities, CBP detention facilities, or 
ORR contracted facilities or programs, respectively, 
and noncitizens detained at such facilities or served 
by such programs; 
(2) archive, on a weekly basis, the data de-
scribed in paragraph (1) so that it remains publicly 
accessible and in a machine readable format; and 
(3) beginning not later than the earlier of the 
date that is 14 days after the date on which the 
CDC Director publishes the guidance required under 
section 4(a) or 45 days after the date of the enact-
ment of this Act, submit weekly reports to the CDC 
Director containing the information described in sec-
tion 5. 
(b) CONTRACT DETENTION FACILITIES.— 
(1) IN GENERAL.—Beginning not later than the 
earlier of the date that is 14 days after the date on 
which the CDC Director publishes the guidance re-
quired under section 4(a) or 45 days after the date 
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of the enactment of this Act, the head of each con-
tract detention facility shall— 
(A) submit weekly reports to the Federal 
agency with which the facility is under contract 
and the public health authority of the State in 
which the facility is located containing the data 
described in section 5 with respect to staff 
working at such facility and noncitizens de-
tained at such facility; 
(B) post weekly updates containing the 
data described in subparagraph (A) on the pub-
lic website of the facility, if the facility has a 
public website, in a machine readable format, 
and archive prior updates so that they remain 
publicly accessible; and 
(C) submit weekly reports containing the 
data referred to in subparagraph (A) to— 
(i) the Immigration Detention Om-
budsman designated pursuant to section 
405 of the Homeland Security Act of 2002 
(6 U.S.C. 205); and 
(ii) the Office for Civil Rights and 
Civil Liberties of the Department of 
Homeland Security. 
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(2) SUBMISSION
OF
INFORMATION
TO
THE 
CDC.—Not later than 24 hours after a Federal agen-
cy receives the data described in paragraph (1), the 
head of such agency shall— 
(A) submit such data to the CDC Director; 
and 
(B) post such data to the public website of 
the agency, which shall be archived weekly and 
shall remain publically accessible in a machine 
readable format. 
(c) USE OF EXISTING APPROPRIATIONS.— 
(1) DEPARTMENT
OF
HEALTH
AND
HUMAN 
SERVICES.—The Department of Health and Human 
Services such use amounts otherwise appropriated 
for the Office of Refugee Resettlement to carry out 
its responsibilities under this section. 
(2) U.S. IMMIGRATION AND CUSTOMS ENFORCE-
MENT.—U.S. Immigration and Customs Enforce-
ment shall use amounts otherwise appropriated to 
the Custody Operations Account to carry out its re-
sponsibilities under this section. 
(3) U.S. 
CUSTOMS
AND
BORDER
PROTEC-
TION.—U.S. Customs and Border Protection shall 
use amounts otherwise appropriated to the Procure-
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ment, Construction, and Improvements Account to 
carry out its responsibilities under this section. 
SEC. 4. CDC REPORTS. 
(a) GUIDANCE.—Not later than 30 days after the 
date of enactment of this Act, the CDC Director shall 
issue guidance for immigration detention facilities regard-
ing— 
(1) the categories of data required to be re-
ported under this Act; and 
(2) how the CDC Director will determine 
whether a Federal or State agency is in compliance 
with the requirements under this Act. 
(b) PUBLICATION ON WEBSITE.— 
(1) IN GENERAL.—Not later than 7 days after 
data is reported to the Centers for Disease Control 
and Prevention pursuant to section 3, the CDC Di-
rector shall make such data available to the public 
on the website of the Centers for Disease Control 
and Prevention, including all data reported by U.S. 
Immigration and Customs Enforcement, U.S. Cus-
toms and Border Protection, and the Office of Ref-
ugee Resettlement. 
(2) WEEKLY ARCHIVAL.—The data referred to 
in paragraph (1) shall be archived weekly and shall 
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remain publically accessible in a machine readable 
format. 
(c) REPORTS TO CONGRESS.—Not later than 60 days 
after the date of the enactment of this Act, and monthly 
thereafter during the COVID–19 emergency data collec-
tion period, the CDC Director shall submit a report to 
Committee on Health, Education, Labor, and Pensions of 
the Senate, the Committee on the Judiciary of the Senate, 
the Committee on Homeland Security of the House of 
Representatives, and the Committee on the Judiciary of 
the House of Representatives that— 
(1) summarizes the information submitted by 
U.S. Immigration and Customs Enforcement, U.S. 
Customs and Border Protection, the Office of Ref-
ugee Resettlement, and State public health authori-
ties pursuant to section 3; and 
(2) analyzes the trends and patterns of the dis-
ease outbreak and the care provided in immigration 
detention facilities and contracted facilities. 
SEC. 5. COVID–19 DATA. 
(a) IN GENERAL.—The data described in this section 
is the following data with respect to each ICE, CBP, ORR, 
and contract detention facility: 
(1) TESTING
NUMBERS.—Data related to 
COVID–19 diagnostic testing by such facilities, in-
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(A) the number of confirmed active cases 
of COVID–19 among detained noncitizens, 
disaggregated by— 
(i) first-time COVID–19 diagnostic 
tests and retests; and 
(ii) the COVID–19 diagnostic test de-
veloper and test name for each COVID–19 
diagnostic test used to confirm each active 
case; 
(B) the number of confirmed negative 
cases of COVID–19 among detained nonciti-
zens, disaggregated— 
(i) by first-time COVID–19 diagnostic 
tests and retests; and 
(ii) the COVID–19 diagnostic test de-
veloper and test name for each COVID–19 
diagnostic test used to confirm each nega-
tive case; 
(C) the number of confirmed active cases 
of COVID–19 among detention facility staff, 
disaggregated by— 
(i) first-time COVID–19 diagnostic 
tests and retests; and 
(ii) the COVID–19 diagnostic test de-
veloper and test name for each COVID–19 
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diagnostic test used to confirm each active 
case; 
(D) the number of confirmed negative 
cases of COVID–19 among detention facility 
staff, disaggregated by— 
(i) first-time COVID–19 diagnostic 
tests and retests; and 
(ii) the COVID–19 diagnostic test de-
veloper and test name for each COVID–19 
diagnostic test used to confirm each nega-
tive case; 
(E) the number of COVID–19 diagnostic 
tests pending results, disaggregated by detained 
noncitizens and detention facility staff; 
(F) the average time between testing a de-
tained person for COVID–19 and receiving the 
results of the COVID–19 diagnostic test; and 
(G) the average time between testing a de-
tention facility employee for COVID–19 and re-
ceiving the results of the COVID–19 diagnostic 
test. 
(3) CASE
OUTCOMES.—COVID–19 case out-
comes, including cumulative and new (since the pre-
vious report) counts of— 
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(A) the number of detained noncitizens 
hospitalized for a case of COVID–19, including 
the locations of the hospitals at which the non-
citizens are receiving treatment; 
(B) the number of detained noncitizens 
who have recovered from COVID–19; 
(C) the number of detained noncitizens 
currently in quarantine and the number of de-
tained noncitizens in medical isolation for infec-
tion with or exposure to COVID–19; 
(D) the number of detained noncitizens 
who have completed quarantine and the number 
of detained noncitizens who have been released 
from medical isolation; 
(E) the number of detained noncitizens 
identified as having 1 or more COVID–19 risk 
factors; 
(F) the number of noncitizens who have 
been released from detention because of 1 or 
more COVID–19 risk factors, disaggregated by 
their applicable risk factor; 
(G) the number of detained noncitizens 
with active COVID–19 cases in the previous 
weekly report who are not included in the 
present report, disaggregated by the specific 
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reason for such exclusion, including release, 
negative COVID–19 test, transfer, and absence 
of COVID–19 symptoms; 
(H) the number of detained noncitizens 
who have died from COVID–19; 
(I) the number of detained noncitizens who 
died after testing positive for COVID–19, but 
the official cause of death was not COVID–19; 
(J) the number of detention facility staff 
hospitalized for a case of COVID–19; 
(K) the number of detention facility staff 
who have recovered from COVID–19; and 
(L) the number of detention facility staff 
who have died from a case of COVID–19. 
(4) GENERAL MEDICAL ATTENTION.—The num-
ber of detained noncitizens who have requested gen-
eral medical attention, including the number of such 
requests that were denied and the reasons for such 
denials. 
(5) DAILY POPULATION.—Average daily popu-
lation of detained noncitizens for the week preceding 
the COVID–19 emergency data collection period and 
for all weeks during such period. 
(6) TRANSFERRED
NONCITIZENS.—Data re-
lated to the COVID–19 testing, results, and case 
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outcomes (at the time of release) of noncitizens who 
were transferred between detention facilities during 
the reporting period, including— 
(A) the number of all individuals who were 
transferred, including— 
(i) the dates on which such transfers 
occurred; 
(ii) the number of such noncitizens 
who were tested and received a result be-
fore their transfer; and 
(iii) the number of such noncitizens 
who were not tested or did not receive a 
result before their transfer; 
(B) the purposes of such transfers; 
(C) the dates on which COVID–19 testing 
occurred during the transfer process; 
(D) the number of transferees who tested 
positive at any point during the transfer proc-
ess; and 
(E) the number of positive COVID–19 
cases in the transferring facility and in the ar-
riving facility at the time of each such transfer. 
(7) RELEASED NONCITIZENS.—Data related to 
the COVID–19 testing, results, and case outcomes 
(at the time of release) of noncitizens who were re-
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leased from detention, and juvenile noncitizens who 
were released from the custody of the Department of 
Health and Human Services, during the reporting 
period, disaggregated by the type of release, and in-
cluding— 
(A) individuals released to alternatives to 
detention programs as a result of the COVID– 
19 public health emergency; and 
(B) any recent positive COVID–19 tests 
and referrals to external medical care. 
(8) REMOVED NONCITIZENS.—Data related to 
the COVID–19 testing, results, and case outcomes 
(at the time of removal or expulsion) of noncitizens 
who were deported from an ICE, CBP, ORR, or 
contract detention facility during the reporting pe-
riod, including— 
(A) any recent positive COVID–19 tests 
and referrals to external medical care; 
(B) the number of noncitizens removed or 
expelled from the United States; 
(C) the number of such noncitizens who 
were tested and received a result before their 
removal or expulsion; and 
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(D) the number of such noncitizens who 
were not tested or did not receive a result be-
fore their removal or expulsion. 
(b) DISAGGREGATION OF DATA.— 
(1) IN GENERAL.—The data described in sub-
section (a) shall be disaggregated by sex, sexual ori-
entation, gender identity, age, race, ethnicity, dis-
ability, last known place of residence, location at 
which the individual is being detained, nationality, 
and statutory authority for detention. 
(2) EXCLUSION
OF
INDIVIDUALS
INCARCER-
ATED FOR NONIMMIGRATION REASONS AT CONTRACT 
DETENTION
FACILITIES.—Data regarding individ-
uals incarcerated at contract detention facilities for 
nonimmigration reasons shall be excluded from the 
data described in subsection (a). 
(c) DETENTION PERIOD.—The data described in sub-
section (a) with respect to detained noncitizens who are 
infected with COVID–19 shall include, to the extent prac-
ticable, the period of their detention. 
SEC. 6. PRIVACY PROTECTIONS. 
(a) IN GENERAL.—Any data collected, stored, re-
ceived, or published under this Act— 
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(1) shall be collected, stored, received, or pub-
lished in a manner that protects the privacy of indi-
viduals whose information is included in such data; 
(2) shall be de-identified or anonymized in a 
manner that protects the identity of all individuals 
whose information is included in such data; 
(3) shall comply with privacy protections pro-
vided under the regulations promulgated under sec-
tion 264(c) of the Health Insurance Portability and 
Accountability Act of 1996 (42 U.S.C. 1320d–2 
note); and 
(4) shall be limited in use for the purpose of 
public health and be protected from all other inter-
nal use by any entity that collects, stores, or receives 
the data, including use of such data in determina-
tions of eligibility (or continued eligibility) in health 
plans, and from any other inappropriate uses. 
(b) RESTRICTION ON USE OF COVID–19 STATUS IN 
IMMIGRATION PROCEEDINGS.—The Government may not 
use an noncitizen’s positive COVID–19 test, an nonciti-
zen’s treatment for COVID–19 symptoms, or the state of 
the COVID–19 pandemic in the noncitizen’s country of 
origin as evidence against the noncitizen in any immigra-
tion proceeding, including— 
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(1) a proceeding to determine if the noncitizen 
is a public charge; and 
(2) proceedings involving asylum, withholding of 
removal, and protection under the Convention 
against Torture and Other Cruel, Inhuman or De-
grading Treatment or Punishment, done at New 
York December 10, 1984. 
SEC. 7. COVID–19 SAFETY PROTOCOLS AND PRACTICES. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, the Director of U.S. 
Immigration and Customs Enforcement, the Commis-
sioner of U.S. Customs and Border Protection, the Direc-
tor of the Office of Refugee Resettlement, and any senior 
official acting in, or performing the duties of, any such 
position shall submit a report to the congressional commit-
tees referred to in section 4(c) that identifies, for each 
detention facility under the jurisdiction of the applicable 
agency head, including contract detention facilities, the 
protocols and practices for protecting detainees from expo-
sure to the novel coronavirus (SARS–CoV–2), including— 
(1) the health standards at the facility, includ-
ing— 
(A) the standards for transfer to hospital 
or other specialized care; 
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(B) the procedure for the detained person 
to request and obtain a COVID–19 test and as-
sociated results; and 
(C) detainee access to information about 
the facility’s COVID–19 plans and protocols; 
(2) the medical care provided to detainees, in-
cluding— 
(A) the specific efforts to cohort smaller 
groups of detained people; 
(B) the specific efforts to provide humane 
medical isolation to symptomatic people, and 
separately, people who have tested positive for 
COVID–19; and 
(C) the standards for clinical monitoring of 
symptomatic and COVID–19 positive detained 
persons; and 
(3) the sanitation practices at the facility, in-
cluding the frequency and amount of detainees’ ac-
cess to soap and masks. 
(b) NOTIFICATION OF OUTBREAK OR EXPOSURE.— 
Each detention facility shall create, share, and enforce a 
process for notifying anyone who has recently entered or 
visited such facility of any COVID–19 outbreak or expo-
sure at such facility. 
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SEC. 8. ACCESS TO LEGAL COUNSEL. 
Not later than 30 days after the date of the enact-
ment of this Act, and monthly thereafter, the Director of 
U.S. Immigration and Customs Enforcement, the Com-
missioner of U.S. Customs and Border Protection, the Di-
rector of the Office of Refugee Resettlement, the head of 
each contract detention facility, and any senior official act-
ing in, or performing the duties of, any such position shall 
submit a report to the congressional committees referred 
to in section 4(c) that identifies, for each detention facility 
for which he or she is responsible— 
(1) the efforts made to ensure that each noncit-
izen detained in such facility has access to legal 
counsel; 
(2) if any detained noncitizen does not have ac-
cess to legal counsel, the changes being made to en-
sure universal access to legal counsel; 
(3) the number of telephones are available to 
detainees; 
(4) the number of detainees who have used the 
free telephone call minutes available to them; 
(5) the number of detainees who have access to 
video conference technology with their lawyers and 
the number of detainees have used video conference 
technology to communicate with their lawyers; 
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