PROFILED Act

Bill: 115-s-748
Sponsor: Sen. Menendez, Robert [D-NJ]
Introduced: 2017-03-28 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Administrative law and regulatory procedures
Advisory bodies
Border security and unlawful immigration
Child care and development
Child safety and welfare
Civil actions and liability
Congressional oversight
Crime victims
Criminal investigation, prosecution, interrogation
Criminal justice information and records
Department of Homeland Security
Department of Justice
Detention of persons
Due process and equal protection
Evidence and witnesses
Executive agency funding and structure
Federal officials
Federal-Indian relations
Foreign aid and international relief
Forests, forestry, trees
Government information and archives
Immigration status and procedures
Intergovernmental relations
Land use and conservation
Latin America
Law enforcement administration and funding
Law enforcement officers
Lawyers and legal services
Legal fees and court costs
Mexico
Organized crime
Parks, recreation areas, trails
Presidents and presidential powers, Vice Presidents
Racial and ethnic relations
Refugees, asylum, displaced persons
Religion
Right of privacy
Sex, gender, sexual orientation discrimination
State and local finance
State and local government operations
Violent crime
Women's health

Summary:
action_date: 2017-03-28
text: 

Protecting the Rights of Families and Immigrants Who Legally Entered from Detention Act or the PROFILED Act 

 
This bill prohibits a law enforcement agent or agency from engaging in racial profiling. It creates a civil cause of action permitting declaratory or injunctive relief to enforce this ban on racial profiling.
 
The Department of Justice shall issue regulations requiring law enforcement agencies to collect certain data relating to investigatory activities, including, but not limited to, collecting information on the race, ethnicity, national origin, gender, and religion of persons subject to investigatory activities.
 
The bill requires that law enforcement agents give notice to persons suspected of immigration violations of their right to counsel (at no expense to the federal government), the right to remain silent, and notice that any statements given by the individual can be used against them in a removal or criminal proceeding. Any evidence obtained in violation of this requirement cannot be used against the individual in a removal proceeding.
 
Not later than 48 hours after an individual has been detained, the Department of Homeland Security (DHS) shall file a notice to appear with the closest immigration court.
 
No later than six hours after detention, a detained individual must be allowed to use the telephone to make calls at no charge to the detainee.
 
DHS shall issue regulations prohibiting officials from detaining individuals on various premises, including schools, courts, and places of worship, unless there exist exigent circumstances. DHS must also issue regulations pertaining to the transfer of detainees, including the factors to be considered when deciding whether to transfer the detainee.
 
The bill defines various rights accorded to vulnerable populations and to parents who have been detained by immigration officers. The position of Immigration and Customs Enforcement Ombudsman is established in DHS.


Legislative actions:
action_date: 2017-03-28
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2017-03-28
text: Introduced in Senate