Title: Dignity for Detained Immigrants Act of 2019
Policy area: Immigration

Summary:
Dignity for Detained Immigrants Act of 2019
This bill directs the Department of Homeland Security (DHS) to establish standards for facilities holding aliens in its custody, phases out using non-DHS facilities for such purposes, and contains other related provisions.
The standards shall comply with the American Bar Association's Civil Immigration Detention Standards. The DHS Office of Inspector General (OIG) shall conduct periodic unannounced inspections of each facility and shall take various actions against noncompliant facilities, including imposing fines, cancelling contracts, and closing facilities.
DHS shall report to Congress any death of an alien in its custody within 24 hours and conduct an investigation within 30 days that identifies policy changes that could reduce the likelihood of such a death.
DHS is prohibited from entering into contracts for third parties to operate detention facilities and shall terminate existing contracts within three years of the bill's enactment.
The bill establishes that OIG facility inspection reports and contracts for an outside entity to operate a detention facility are records available to the public under the Freedom of Information Act.
DHS shall maintain certain information relating to detained aliens, including the alien's location and whether the alien was separated from family.
The bill provides for various requirements and procedures related to detaining aliens, including (1) prohibiting DHS from detaining children, (2) imposing a presumption that an alien should be released, and (3) establishing that aliens in custody shall be subject to the least restrictive conditions. The bill also abolishes mandatory detention for asylum seekers.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1243 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1243

 To provide standards for facilities at which aliens in the custody of 
    the Department of Homeland Security are detained, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 30, 2019

  Mr. Booker introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide standards for facilities at which aliens in the custody of 
    the Department of Homeland Security are detained, 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 ``Dignity for Detained Immigrants Act 
of 2019''.

SEC. 2. STANDARDS FOR DHS DETENTION FACILITIES.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of Homeland Security shall, by rulemaking, establish 
detention standards for each facility at which aliens in the custody of 
the Department of Homeland Security are detained. Such standards shall 
provide, at a minimum, the level of protections for detainees described 
in the American Bar Association's Civil Immigration Detention Standards 
(adopted in August 2012, and as amended in August 2014). On a biennial 
basis, the Secretary shall review and update such standards, as 
appropriate.

SEC. 3. OVERSIGHT AND TRANSPARENCY FOR DHS DETENTION FACILITIES.

    (a) Periodic Inspections.--
            (1) In general.--On a periodic basis, and not less than 
        annually, the Inspector General of the Department of Homeland 
        Security shall conduct an unannounced inspection of each 
        facility at which aliens in the custody of the Department of 
        Homeland Security are detained in order to ensure that each 
        such facility is in compliance with the standards under section 
        2. Not later than 60 days after conducting an inspection under 
        this subsection, the Inspector General shall make a report of 
        such inspection publicly available on the website of the 
        Department of Homeland Security, and submit such report to the 
        Secretary of Homeland Security.
            (2) Failure to comply with standards.--
                    (A) Initial failure.--In the case that the 
                Inspector General determines that a facility has failed 
                to comply with the standards under section 2 for the 
                first time during any 2-year period, and that such 
                noncompliance constitutes a deficiency that threatens 
                the health, safety, or the due process rights of 
                detainees, the Inspector General shall notify the 
                Secretary of Homeland Security of such finding, and the 
                Secretary shall--
                            (i) in the case of a facility that is not 
                        owned by the Department of Homeland Security, 
                        impose a meaningful fine of not less than 10 
                        percent of the value of the contract with the 
                        facility; and
                            (ii) in the case of a facility that is 
                        owned by the Department of Homeland Security--
                                    (I) issue a written warning to the 
                                facility not later than 30 days after 
                                receiving such notification from the 
                                Inspector General, which shall include 
                                remedial measures to be carried out not 
                                later than 60 days after the issuance 
                                of the warning; and
                                    (II) not later than 60 days after 
                                the issuance of the warning described 
                                in subclause (I), certify to the 
                                Inspector General that the remedial 
                                measures have been carried out.
                    (B) Subsequent failures.--In the case that the 
                Inspector General determines that a facility has failed 
                to comply with the standards under section 2 in two 
                investigations under paragraph (1) during any 2-year 
                period, and that such noncompliance constitutes a 
                deficiency that threatens the health, safety, or the 
                constitutional rights of detainees, the Inspector 
                General shall notify the Secretary of Homeland Security 
                of such finding, and the Secretary shall--
                            (i) in the case of a facility that is not 
                        owned by the Department of Homeland Security, 
                        not later than 30 days after receiving such 
                        notification, transfer each detainee to a 
                        facility that does so comply, and terminate the 
                        contract with the owner of the facility; and
                            (ii) in the case of a facility that is 
                        owned by the Department of Homeland Security, 
                        not later than 60 days after receiving such 
                        notification, transfer each detainee to a 
                        facility that does so comply, and suspend the 
                        use of such facility until such time as the 
                        Inspector General certifies to the Secretary 
                        that the facility is in compliance with such 
                        standards, and makes publicly available on the 
                        website of the Department of Homeland Security 
                        information relating to the remedial measures 
                        taken.
    (b) Notification of Death in Custody.--Not later than 24 hours 
after the death of an alien in the custody of the Department of 
Homeland Security, the Secretary of Homeland Security shall notify the 
Committees on the Judiciary of the House of Representatives and of the 
Senate, the Committee on Homeland Security of the House of 
Representatives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate of the death of such alien.
    (c) Investigations on Death in Custody.--Not later than 30 days 
after the death of an alien in the custody of the Department of 
Homeland Security, the Secretary of Homeland Security shall conduct an 
investigation into that death, which shall include a root cause 
analysis that identifies any changes to policies, practices, training 
curricula, staffing, or potential system-wide errors that could reduce 
the probability of such an event in the future. Not later than 60 days 
after such a death, the Secretary shall make a report describing the 
results of such investigation publicly available on the website of the 
Department of Homeland Security. The root cause analysis described in 
the previous sentence must include appropriately qualified personnel, 
which, at a minimum, will consist of a medical professional qualified 
in any field germane to the death, and shall be performed in accordance 
with professional medical standards for investigating sentinel events 
in medical care facilities, including the Sentinel Event Policy 
promulgated by The Joint Commission.
    (d) Definition.--The term ``death of an alien in the custody of the 
Department of Homeland Security'' means any death of an alien occurring 
while the alien is under the supervision of the Department of Homeland 
Security, regardless of the location of the death, if the death may 
have resulted from a health problem, which began, existed during, or 
was exacerbated during the detention of the alien.
    (e) Report to Congress.--On an annual basis, the Secretary of 
Homeland Security shall submit to the Committees on the Judiciary of 
the House of Representatives and of the Senate a report on the 
inspections and oversight of facilities at which aliens in the custody 
of the Department of Homeland Security are detained. Such report shall 
include information relating to, for the preceding year--
            (1) each detention facility which the Inspector General 
        found was not in compliance with the standards under section 2 
        pursuant to an investigation conducted under subsection (a)(1);
            (2) any remedial actions taken, or that the Secretary plans 
        to take, in order to comply with such standards; and
            (3) whether the remedial actions described in paragraph (2) 
        were successful in bringing the facility into compliance with 
        such standards.
    (f) Classification of Documents for Purposes of FOIA.--The reports 
under subsections (a) and (b), and any contract between the Department 
of Homeland Security and a private or public entity which provides for 
the use of a facility not owned by the Department of Homeland Security 
to detain aliens in the custody of the Department of Homeland Security, 
are considered records for purposes of section 552 of title 5, United 
States Code, and do not qualify for the exception under subsection 
(b)(4) of such section.
    (g) Facilities Matrix.--On the first day of each month, the 
Secretary of Homeland Security shall ensure that there is publicly 
available on the website of the Department of Homeland Security the 
following information relating to each facility at which aliens in the 
custody of the Department of Homeland Security may be detained:
            (1) The name and location of each facility.
            (2) Whether the facility houses adults, children, or both.
            (3) As of the first day of the month, the number of beds 
        available in each facility, disaggregated by gender.
            (4) Whether the facility is used to detain aliens for 
        longer than 72 hours, or for longer than 7 days.
            (5) The average number of aliens detained in the facility 
        for the current year, and for the preceding month, 
        disaggregated by gender and classification as a child or as an 
        adult.
            (6) Whether the facility is in compliance with the 
        standards under section 2.
            (7) In the case of a facility that is not owned by the 
        Department of Homeland Security, the nature of the contract 
        providing for the detention of aliens at that facility.
            (8) The average, median, 25th quartile, and 50th quartile 
        number of days that an alien has been detained at the facility 
        during the preceding month.
    (h) Online Detainee Locator System.--The Secretary of Homeland 
Security shall ensure that the online detainee locator system 
maintained by the Department of Homeland Security, or any successor 
system, is updated not later than 12 hours after an alien is taken into 
custody or released from custody by the Department of Homeland 
Security, transferred to, or detained in, a detention facility, or 
removed from the United States.
    (i) Information Collected and Maintained for Aliens in DHS 
Custody.--The Secretary of Homeland Security shall collect and 
maintain, for each alien in the custody of the Department of Homeland 
Security, the following information:
            (1) The gender and age of the alien.
            (2) The date on which the alien was detained.
            (3) The country of origin of the alien.
            (4) Whether the alien is considered a vulnerable person (as 
        such term is defined in section 236(g) of the Immigration and 
        Nationality Act (8 U.S.C. 1226(g)) or a primary caregiver.
            (5) The provision of law under with the Secretary is 
        authorized to detain the alien.
            (6) The location where the alien is detained.
            (7) Any transfer of the alien to another detention 
        facility, and the reason for such transfer.
            (8) The status and basis of any removal proceedings.
            (9) The initial custody determination made by Immigration 
        and Customs Enforcement, and any review of that determination.
            (10) If applicable, the date of the alien's release or 
        removal, and the reason for such release or removal.
            (11) Whether the alien is subject to a final order of 
        removal.
            (12) Whether the alien was apprehended as part of a family 
        unit.
            (13) Whether the alien was separated from a family unit.

SEC. 4. CAUSE OF ACTION.

    (a) In General.--An individual who is detained in a facility that 
is required to comply with the standards described in section 2, and 
who is injured as a result of a violation of such standards, may file a 
claim in the appropriate district court of the United States.
    (b) Recovery.--In a civil action under this section, the court may 
order injunctive relief and compensatory damages, and may award the 
prevailing party reasonable attorney fees, and costs.

SEC. 5. DHS DETENTION FACILITY CONSTRUCTION AND MAINTENANCE.

    (a) Restriction on Construction of DHS Facilities.--Not later than 
180 days before initiating, or entering into a contract for, the 
construction of a new facility or to expand an existing facility for 
the detention of aliens in the custody of the Department of Homeland 
Security, the Secretary of Homeland Security shall submit to the 
Committees on the Judiciary of the House of Representatives and of the 
Senate, the Committee on Homeland Security of the House of 
Representatives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate a notification of the plan to 
construct or expand such facility, including the location, size, and 
capacity of such facility, the anticipated timeline and cost of 
constructing or expanding such facility, and the intended population to 
be detained at such facility, including the gender and ages of such 
population. The Secretary will make this information publicly available 
on the website of the Department of Homeland Security.
    (b) Phase-Out of Private Detention Facilities and Use of Jails.--
            (1) Secure detention facilities.--Beginning on the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        may not enter into or extend any contract or agreement with any 
        public or private entity which owns or operates a detention 
        facility for use of that facility to detain aliens in the 
        custody of the Department of Homeland Security, and shall 
        terminate any such contract not later than the date that is 3 
        years after the date of the enactment of this Act. Beginning on 
        the date that is 3 years after the date of the enactment of 
        this Act, any facility at which aliens in the custody of the 
        Department of Homeland Security are detained shall be owned and 
        operated by the Department of Homeland Security.
            (2) Non-secure detention programs.--Beginning on the date 
        of the enactment of this Act, the Secretary of Homeland 
        Security may not enter into or extend any contract with any 
        public or private for-profit entity which owns or operates a 
        program or facility that provides for non-residential 
        detention-related activities for aliens who are subject to 
        monitoring by the Department of Homeland Security, and shall 
        terminate any such contract not later than the date that is 3 
        years after the date of the enactment of this Act. Beginning on 
        the date that is 3 years after the date of the enactment of 
        this Act, any such program or facility shall be owned and 
        operated by a nonprofit organization or by the Department of 
        Homeland Security.
            (3) Publication of plan.--Not later than 60 days after the 
        date of the enactment of this Act, the Secretary shall develop, 
        and make publicly available, a plan and timeline for the 
        implementation of this subsection.

SEC. 6. APPEARANCE OF DETAINED ALIENS FOR OTHER LEGAL MATTERS.

    The Secretary of Homeland Security shall make rules to ensure that 
any alien who is detained in the custody of the Department of Homeland 
Security, who is required to appear in Federal or State court 
(including family court) for another matter, is transported by an 
officer or employee of the Department of Homeland Security to such 
court proceeding.

SEC. 7. PROCEDURES FOR DETAINING ALIENS.

    (a) Probable Cause and Custody Determination Hearings.--Section 236 
of the Immigration and Nationality Act (8 U.S.C. 1226) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Arrest, Detention, and Release.--On a warrant issued by an 
immigration judge, or pursuant to section 287(a)(2), the Secretary of 
Homeland Security may arrest an alien, and in accordance with this 
section, detain the alien or release the alien on bond, subject to 
conditions, or recognizance, pending a decision on whether the alien is 
to be removed from the United States.'';
            (2) by striking subsections (b), (c), (d), and (e);
            (3) by adding at the end the following:
    ``(b) Bond Determination.--In the case that an immigration judge 
makes a determination to release an alien on bond under this section, 
the immigration judge shall consider, for purposes of setting the 
amount of the bond, the alien's financial position and ability to pay 
the bond without imposing financial hardship on the alien, and set bond 
at no amount greater than necessary to ensure the alien's appearance 
for removal proceedings.
    ``(c) Custody Determination.--
            ``(1) Initial determination.--Not later than 48 hours after 
        taking an alien into custody under the authority provided by 
        this section or section 235 of this Act, or those subject to a 
        reinstated order of removal pursuant to section 241(a)(5) who 
        have been found to have a credible or reasonable fear of 
        return, the Secretary of Homeland Security shall make an 
        initial custody determination with regard to that alien, and 
        provide that determination in writing to the alien. 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 or the community, 
        the custody determination under this paragraph will impose the 
        least restrictive conditions, as described in paragraph (4).
            ``(2) Timing.--If an alien seeks to challenge the initial 
        custody determination under paragraph (1), the alien shall be 
        provided with the opportunity for a hearing before an 
        immigration judge to determine whether the alien should be 
        detained, which hearing shall occur not later than 72 hours 
        after the initial custody determination.
            ``(3) Presumption of release.--In a hearing under this 
        subsection, there shall be a presumption that the alien should 
        be released. The Secretary of Homeland Security shall have the 
        duty of rebutting this presumption, which may only be shown 
        based on clear and convincing evidence, including credible and 
        individualized information, that the use of alternatives to 
        detention will not reasonably ensure the appearance of the 
        alien at removal proceedings, or that the alien is a threat to 
        another person or the community. The fact that an alien has a 
        criminal charge pending against the alien may not be the sole 
        factor to justify the continued detention of the alien.
            ``(4) Least restrictive conditions required.--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 immigration 
        judge shall order the least restrictive conditions, or 
        combination of conditions, that the judge determines will 
        reasonably ensure the appearance of the alien as required and 
        the safety of any other person and the community, which may 
        include release on recognizance, secured or unsecured release 
        on bond, or participation in a program described in subsection 
        (f). Any conditions assigned to an alien pursuant to this 
        paragraph shall be reviewed by the immigration judge on a 
        monthly basis.
            ``(5) Special rule for vulnerable persons and primary 
        caregivers.--In the case that the alien who is the subject of a 
        custody determination under this subsection is a vulnerable 
        person or a primary caregiver, the alien may not be detained 
        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 individual in a 
        community-based supervision program.
            ``(6) Definitions.--In this subsection:
                    ``(A) Material witness.--The term `material 
                witness' means an individual who presents a declaration 
                to an attorney investigating, prosecuting, or defending 
                the workplace claim or from the presiding officer 
                overseeing the workplace claim attesting that, to the 
                best of the declarant's knowledge and belief, 
                reasonable cause exists to believe that the testimony 
                of the individual will be relevant to the outcome of 
                the workplace claim.
                    ``(B) Primary caregiver.--The term `primary 
                caregiver' means a person who is established to be a 
                caregiver, parent, or close relative caring for or 
                traveling with a child.
                    ``(C) Vulnerable person.--The term `vulnerable 
                person' means an individual who--
                            ``(i) is under 21 years of age or over 60 
                        years of age;
                            ``(ii) is pregnant;
                            ``(iii) identifies as lesbian, gay, 
                        bisexual, transgender, 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 conducted under section 
                        235(b)(1)(B) to have a credible fear of 
                        persecution or torture;
                            ``(ix) has limited English language 
                        proficiency and is not provided access to 
                        appropriate and meaningful language services in 
                        a timely fashion; or
                            ``(x) has been determined by an immigration 
                        judge or the Secretary of Homeland Security to 
                        be experiencing severe trauma or to be a 
                        survivor of torture or gender-based violence, 
                        based on information obtained during intake, 
                        from the alien's attorney or legal service 
                        provider, or through credible self-reporting.
                    ``(D) 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 representative related to the 
                violation of applicable Federal, State, and local labor 
                laws, including laws concerning wages and hours, labor 
                relations, family and medical leave, occupational 
                health and safety, civil rights, or nondiscrimination.
            ``(7) Subsequent determinations.--An alien who is detained 
        under this section shall be provided with a de novo custody 
        determination hearing under this subsection every 60 days, as 
        well as upon showing of a change in circumstances or good cause 
        for such a hearing.
    ``(d) Release Upon an Order Granting Relief From Removal.--In the 
case of an alien with respect to whom an immigration judge has entered 
an order providing for relief from removal, including an order granting 
asylum, or providing for withholding, deferral, or cancellation of 
removal, which order is pending appeal, the Secretary of Homeland 
Security shall immediately release the alien upon entry of the order, 
and 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 Secretary of Homeland Security is 
prohibited from detaining anyone under the age of 18 in a facility 
operated or contracted by U.S. Immigration and Customs Enforcement.
    ``(f) Alternatives to Detention.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        establish programs that provide alternatives to detaining 
        aliens, which shall offer a continuum of supervision mechanisms 
        and options, including community-based supervision programs and 
        community support. The Secretary may contract with 
        nongovernmental community-based organizations to provide 
        programs, which may include case management services, 
        appearance assistance services, and screenings of aliens who 
        have been detained.
            ``(2) Individualized determination required.--In 
        determining whether to order an alien to participate in a 
        program under this subsection, the Secretary, or the 
        immigration judge, as appropriate shall make an individualized 
        determination to determine the appropriate level of supervision 
        for the alien. Participation in a program under this subsection 
        may not be ordered for an alien for whom it is determined that 
        release 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.
            ``(3) Prohibition on fees for monitoring devices.--In a 
        case in which an alien is required to wear an ankle monitor or 
        other homing device as an alternative to detention, the alien 
        may not be charged any fee associated with such monitor or 
        device that exceeds the cost of maintaining and operating such 
        monitor or device.''; and
            (4) by striking ``Attorney General'' each place such term 
        appears and inserting ``Secretary of Homeland Security''.
    (b) Probable Cause Hearing.--Section 287(a)(2) of the Immigration 
and Nationality Act (8 U.S.C. 1357(a)(2)) is amended by striking ``but 
the alien arrested shall be taken without unnecessary delay for 
examination before an officer of the Service having authority to 
examine aliens as to their right to enter or remain in the United 
States'' and inserting ``but the alien arrested shall be provided with 
a hearing before an immigration judge not later than 48 hours after 
being taken into custody to determine whether there is probable cause 
to believe that the alien does not have the right to enter or remain in 
the United States, which burden to establish probable cause shall be on 
the Secretary of Homeland Security''.
    (c) Mandatory Detention Repealed.--
            (1) In general.--The Immigration and Nationality Act (8 
        U.S.C. 1101 et seq.) is amended--
                    (A) in section 235(b)--
                            (i) in paragraph (1)(B)--
                                    (I) in clause (ii), by striking 
                                ``detained'' and inserting 
                                ``referred''; and
                                    (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;
                    (C) in section 238(a)(2), by striking ``pursuant to 
                section 236(c),''; and
                    (D) in section 506(a)(2)--
                            (i) by amending the heading to read as 
                        follows: ``Release hearing for aliens 
                        detained''; and
                            (ii) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``lawfully admitted 
                                for permanent residence'';
                                    (II) by striking clause (i); and
                                    (III) by redesignating clauses (ii) 
                                and (iii) as clauses (i) and (ii), 
                                respectively.
            (2) Conforming amendments.--Section 241(c)(3)(A)(ii) of the 
        Immigration and Nationality Act (8 U.S.C. 1231(c)(3)(A)(ii)) is 
        amended--
                    (A) in subclause (I), by striking the comma at the 
                end and inserting ``; or'';
                    (B) in subclause (II), by striking ``, or'' and 
                inserting a period; and
                    (C) by striking subclause (III).
    (d) Aliens Ordered Removed.--
            (1) In general.--Section 241(a) of the Immigration 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 order of removal, 
                the alien ordered removed shall be provided with a 
                custody redetermination hearing before an immigration 
                judge.
                    ``(B) Presumption of detention.--For purposes of 
                the hearing under subparagraph (A), the alien shall be 
                detained during the removal period unless the alien can 
                show by clear and convincing evidence that the alien's 
                removal is not reasonably foreseeable or that the alien 
                does not pose a risk to the safety of any individual or 
                to the community.'';
                    (C) in paragraph (3)--
                            (i) in the heading, by striking ``90-day'' 
                        and inserting ``60-day''; and
                            (ii) in the matter preceding subparagraph 
                        (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 supervision requirements in 
                        accordance with'';
                    (D) by amending paragraph (6) to read as follows:
            ``(6) Subsequent custody redetermination 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 
                removal period.
                    ``(B) Standard.--An alien may only be detained 
                after the removal period upon a showing by the 
                Secretary of Homeland Security that--
                            ``(i) the alien's removal is reasonably 
                        foreseeable; or
                            ``(ii) the alien poses a risk to the safety 
                        of an individual or the community, which may 
                        only be established based on credible and 
                        individualized information and may not be 
                        established based only the fact that the alien 
                        has been charged with or is suspected of a 
                        crime.
                    ``(C) Period of detention.--An alien may not be 
                detained pursuant to an order under this paragraph for 
                longer than a 60-day period. The Secretary of Homeland 
                Security may seek subsequent redetermination hearings 
                under this paragraph in order to continue detaining an 
                alien beyond each such 60-day period.''; and
                    (E) by striking paragraph (7).
            (2) Technical and conforming amendments.--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), in the first 
                        sentence--
                                    (I) by striking ``section 
                                241(a)(2)(A)(iii)'' and inserting 
                                ``section 237(a)(2)(A)(iii)'';
                                    (II) by striking ``section 
                                241(a)(2)(A)(ii)'' and inserting 
                                ``section 237(a)(2)(A)(ii)''; and
                                    (III) by striking ``section 
                                241(a)(2)(A)(i)'' and inserting 
                                ``237(a)(2)(A)(i)''; and
                            (ii) in the second subsection (c)--
                                    (I) in paragraph (2)(B), by 
                                striking ``section 241(a)(2)(A)'' and 
                                inserting ``section 237(a)(2)(A)''; and
                                    (II) in paragraph (4), by striking 
                                ``section 241(a)'' and inserting 
                                ``section 237(a)'';
                    (B) in section 276(b)(4) (8 U.S.C. 1326(b)(4)), by 
                striking ``section 241(a)(4)(B)'' and inserting 
                ``section 237(a)(4)(B)''; and
                    (C) in section 501(1) (8 U.S.C. 1531(1)), by 
                striking ``section 241(a)(4)(B)'' and inserting 
                ``section 237(a)(4)(B)''.

SEC. 8. SENSE OF CONGRESS.

    It is the sense of Congress that detention, even for a short period 
of time, inflicts severe, irreparable harm on children and should be 
avoided.
                                 <all>