H.R. 5941

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5941 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 5941

To restore limited, free telephone service for detainees to facilitate 
consultations with legal counsel and to maintain ties with their 
families, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

November 7, 2025

Ms. Dexter (for herself, Ms. Jayapal, Ms. Bonamici, Ms. Chu, Mr. 
Carbajal, Ms. Pingree, Mr. Goldman of New York, Ms. Ansari, Ms. Norton, 
Mr. Larsen of Washington, Mr. Lieu, Mrs. Watson Coleman, Mr. Min, Ms. 
Pou, Ms. Tokuda, Ms. Balint, Ms. Randall, Mr. Garcia of Illinois, Ms. 
Scanlon, Ms. Clarke of New York, Ms. Friedman, Ms. Wilson of Florida, 
Ms. Johnson of Texas, Ms. Williams of Georgia, Ms. Kelly of Illinois, 
Ms. Kamlager-Dove, Mr. Subramanyam, Ms. Hoyle of Oregon, Ms. Salinas, 
Ms. Crockett, Ms. Lofgren, Ms. Tlaib, Mrs. Fletcher, Ms. Morrison, Ms. 
Wasserman Schultz, Ms. Escobar, and Mr. Tran) introduced the following 
bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

A BILL

To restore limited, free telephone service for detainees to facilitate 
consultations with legal counsel and to maintain ties with their 
families, 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 ``Restoring Access for Detainees 
Act''.

SEC. 2. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) individuals in civil immigration detention require 
access to counsel to address their legal needs and their 
ability to maintain ties with family and loved ones;
(2) while existing communication options in detention are 
helpful, they do not adequately address the needs of detainees, 
including detainees who are indigent or seeking legal 
representation;
(3) in April 2020, the Trump administration instituted a 
program in which detained individuals were provided up to 520 
free minutes of telephone service per month to maintain contact 
with families and legal representatives during the COVID-19 
public health emergency, but that program was halted during 
2024 due to a lack of funding; and
(4) since U.S. Immigration and Customs Enforcement received 
additional funding under section 100052 of Public Law 119-21 
(commonly referred to as the ``One Big Beautiful Bill Act''), a 
portion of such funding should be reserved for restoring the 
free telephone service program for detainees to more 
conveniently maintain contact with families and legal 
representatives.

SEC. 3. DEFINITIONS.

In this Act:
(1) Communication.--The term ``communication'' means the 
exchange of information through a phone call, email, video, or 
any other form of electronic communication.
(2) Custody.--The term ``custody'' means, with respect to 
an alien, that the alien is not free to leave, regardless of 
whether the detaining agency is a Federal, State, or local 
official or any contractors or subcontractors of any Federal 
agency, including the United States military, and includes 
legal or physical custody.

SEC. 4. RESTORATION OF FREE TELEPHONE SERVICE PROGRAM FOR DETAINEES AND 
OTHER COMMUNICATION REQUIREMENTS.

(a) In General.--Subject to the protocols established pursuant to 
subsection (b) and the restrictions established pursuant to subsection 
(c), any alien who is in the custody of the Department of Homeland 
Security shall be provided, at the expense of the Federal Government--
(1) during the first 5 hours of such custody and during the 
5-hour period beginning at the time such alien arrives at a new 
location, at least 1 communication of not less than 10 minutes 
with an immediate family member to notify such family member 
where the alien is being detained;
(2) if the alien is unable to initiate a communication with 
any immediate family during any 5-hour period referred to in 
paragraph (1), continued attempts to establish communication 
with such family member until the alien is successful;
(3) at least 200 free minutes each month for outgoing 
communication to any person referred to in paragraphs (1) and 
(2);
(4) during the first 5 hours of such custody and during the 
5-hour period beginning at the time such alien arrives at a new 
location, an opportunity to establish private communication 
with the alien's legal counsel or potential legal counsel or an 
official at the appropriate consulate;
(5) an opportunity to establish private communication with 
any official investigating detention conditions, including an 
official from the Office of the Immigration Detention 
Ombudsman, the Office of the Inspector General of the 
Department of Homeland Security, or the Office for Civil Rights 
and Civil Liberties; and
(6) unlimited free minutes for communication with--
(A) any person referred to in paragraphs (4) and 
(5);
(B) the Executive Office for Immigration Review;
(C) the Board of Immigration Appeals;
(D) the local immigration court;
(E) any Federal or State court where the detained 
individual is or may become involved in a legal 
proceeding;
(F) the United Nations High Commissioner for 
Refugees;
(G) any Federal, State or local government office 
for the purpose of obtaining documents relevant to the 
alien's immigration case; and
(H) the U.S. Immigration and Customs Enforcement 
Office of Professional Responsibility Joint Intake 
Center.
(b) Protocols.--The Secretary of Homeland Security shall establish 
protocols to ensure detained individuals are not prevented (either 
through dissuasion or retaliation) from--
(1) accessing to the means of communication described in 
subsection (a); or
(2) making additional calls to other individuals at their 
own expense.
(c) Time, Place, and Manner Restrictions.--
(1) In general.--Subject to paragraphs (2) and (3), each 
detention facility is authorized to establish consistent 
policies regulating the time, place, and manner of outgoing 
communication authorized under subsection (a).
(2) Limitations.--Detention facilities may not--
(A) restrict the number of minutes detainees 
communicate with their legal representatives;
(B) limit the duration of such communications by 
rule or automatic cut-off; or
(C) include incoming calls towards the total free 
minutes of communication required under subsection 
(a)(3).
(3) Application.--The policies established pursuant to 
paragraph (1) shall be--
(A) consistently applied;
(B) given to each alien at the time of his or her 
arrival at a detention facility; and
(C) available at each detention facility for 
examination by the public.
(d) Confidentiality.--
(1) In general.--Subject to paragraph (2), any 
communication made pursuant to paragraph (4), (5), or (6) of 
subsection (a)--
(A) may not be monitored or recorded; and
(B) shall take place in a space with auditory 
privacy.
(2) Exception.--The limitation under paragraph (1) shall 
not apply to a circumstance in which a government official has 
a lawful warrant issued by a court of competent jurisdiction to 
authorize the monitoring or recording of communication 
described in such paragraph.

SEC. 5. SAVINGS PROVISION.

Nothing in this Act may be construed to limit or interfere with any 
settlement agreement in effect on the date of the enactment of this 
Act.
<all>