Immigrant Detainee Legal Rights Act
Bill: H.R.1340 | Sponsor: Rep. Foster, Bill (D-IL)
Policy area: Immigration

Summary:
Immigrant Detainee Legal Rights Act
This bill directs the Department of Justice to establish an Office of Legal Access Programs within the Executive Office for Immigration Review. The office shall develop and administer programs to educate detained aliens about their legal rights under U.S. immigration law.
The programs shall (1) assist detained aliens in making informed and timely decisions regarding their removal and eligibility for relief from removal; and (2) identify particularly vulnerable aliens, such as unaccompanied children, for right to counsel considerations. The programs may also provide services to detained aliens in specified immigration (detention and removal) and asylum proceedings.
The Department of Homeland Security shall establish procedures to ensure that such programs are available to all detained aliens within five days of arrival into custody, and provide such aliens with various information related to immigration hearing procedures and their rights under immigration law.
The bill also provides funding for the programs.

To provide for improvements in the treatment of detainees, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigrant Detainee Legal Rights 
Act''.

SEC. 2. OFFICE OF LEGAL ACCESS PROGRAMS.

    (a) Establishment of Office of Legal Access Programs.--The Attorney 
General shall establish and maintain, within the Executive Office for 
Immigration Review, an Office of Legal Access Programs to develop and 
administer a system of legal orientation programs to make immigration 
proceedings more efficient and cost-effective by educating aliens 
regarding administrative procedures and legal rights under United 
States immigration law and to establish other programs to assist in 
providing aliens access to legal information. The Attorney General 
shall submit a plan to Congress not later than 180 days after the 
enactment of this Act including a schedule to develop and deploy legal 
orientation programs for all detainees not later than 1 year after the 
enactment of this Act. The Attorney General shall seek input from 
nongovernmental organizations and stakeholders in developing this plan.
    (b) Legal Orientation Programs.--The legal orientation programs--
            (1) shall provide programs to assist detained aliens in 
        making informed and timely decisions regarding their removal 
        and eligibility for relief from removal in order to increase 
        efficiency and reduce costs in immigration proceedings and 
        Federal custody processes and to improve access to counsel and 
        other legal services;
            (2) shall ensure that programs and written notice of rights 
        are available in English and the five most common native 
        languages spoken by the detainees held in custody at that 
        location during the preceding fiscal year;
            (3) shall identify unaccompanied alien children, aliens 
        with a serious mental disability, and other particularly 
        vulnerable aliens for consideration by the Attorney General 
        pursuant to section 292(c) of the Immigration and Nationality 
        Act, as added by section 3502(c); and
            (4) may provide services to detained aliens in immigration 
        proceedings under sections 235, 238, 240, and 241(a)(5) of the 
        Immigration and Nationality Act (8 U.S.C. 1225, 1228, 1229a, 
        and 1231(a)(5)) and to other aliens in immigration and asylum 
        proceedings under sections 235, 238, and 240 of the Immigration 
        and Nationality Act (8 U.S.C. 1225, 1228, and 1229a).
    (c) Procedures.--The Secretary of Homeland Security, in 
consultation with the Attorney General, shall establish procedures that 
ensure that legal orientation programs are available for all detained 
aliens within 5 days of arrival into custody and to inform such aliens 
of the basic procedures of immigration hearings, their rights relating 
to those hearings under the immigration laws, information that may 
deter such aliens from filing frivolous legal claims, and any other 
information deemed appropriate by the Attorney General, such as a 
contact list of potential legal resources and providers.
    (d) Rule of Construction.--Nothing in this subsection shall be 
construed to create any substantive or procedural right or benefit that 
is legally enforceable by any party against the United States or its 
agencies or officers or any other person.
    (e) Funding.--There shall be appropriated such sums as may be 
necessary to carry out this section.
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