H.R. 6397

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6397 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 6397

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 HOUSE OF REPRESENTATIVES

December 3, 2025

Ms. Jayapal (for herself, Mr. Smith of Washington, Ms. Adams, Mr. Amo, 
Ms. Ansari, Ms. Balint, Ms. Barragan, Mr. Beyer, Ms. Bonamici, Mr. 
Boyle of Pennsylvania, Ms. Brown, Ms. Brownley, Mr. Carson, Mr. Carter 
of Louisiana, Mr. Casar, Mr. Casten, Mr. Castro of Texas, Mrs. 
Cherfilus-McCormick, Ms. Chu, Ms. Clarke of New York, Mr. Cleaver, Mr. 
Cohen, Mr. Correa, Ms. Crockett, Mr. Crow, Mr. Davis of Illinois, Ms. 
Dean of Pennsylvania, Ms. DeGette, Mr. DeSaulnier, Ms. Dexter, Mrs. 
Dingell, Mr. Doggett, Ms. Escobar, Mr. Espaillat, Mr. Evans of 
Pennsylvania, Mrs. Fletcher, Mrs. Foushee, Ms. Friedman, Mr. Frost, Mr. 
Garamendi, Mr. Garcia of Illinois, Mr. Garcia of California, Ms. Garcia 
of Texas, Mr. Goldman of New York, Mr. Gomez, Mr. Green of Texas, Mrs. 
Grijalva, Mrs. Hayes, Mr. Horsford, Ms. Hoyle of Oregon, Mr. Huffman, 
Mr. Ivey, Mr. Jackson of Illinois, Ms. Jacobs, Mr. Johnson of Georgia, 
Ms. Johnson of Texas, Ms. Kamlager-Dove, Ms. Kelly of Illinois, Mr. 
Khanna, Mr. Krishnamoorthi, Ms. Lee of Pennsylvania, Ms. Leger 
Fernandez, Mr. Levin, Mr. Lieu, Ms. Lofgren, Ms. Matsui, Ms. McClellan, 
Ms. McCollum, Mr. McGarvey, Mr. McGovern, Mrs. McIver, Mr. Meeks, Mr. 
Menendez, Ms. Meng, Ms. Moore of Wisconsin, Mr. Moulton, Mr. Mullin, 
Mr. Nadler, Mr. Norcross, Ms. Norton, Ms. Ocasio-Cortez, Ms. Omar, Mr. 
Pallone, Mr. Panetta, Ms. Pingree, Mr. Pocan, Ms. Pressley, Mr. 
Quigley, Mrs. Ramirez, Ms. Randall, Mr. Raskin, Ms. Rivas, Ms. Ross, 
Mr. Ruiz, Ms. Salinas, Ms. Sanchez, Ms. Scanlon, Ms. Schakowsky, Ms. 
Simon, Mr. Soto, Ms. Stansbury, Ms. Strickland, Mr. Swalwell, Mr. 
Takano, Mr. Thanedar, Mr. Thompson of Mississippi, Mr. Thompson of 
California, Ms. Titus, Ms. Tlaib, Ms. Tokuda, Mr. Tonko, Mr. Torres of 
New York, Mrs. Trahan, Mr. Vargas, Mr. Veasey, Ms. Velazquez, Ms. 
Wasserman Schultz, Ms. Waters, Mrs. Watson Coleman, Ms. Williams of 
Georgia, Ms. Wilson of Florida, Ms. Lois Frankel of Florida, Mr. 
Hernandez, and Mrs. Sykes) introduced the following bill; which was 
referred to the Committee on the Judiciary, and in addition to the 
Committee on Homeland Security, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

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''.

SEC. 2. 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.

SEC. 3. DEFINITIONS.

In this Act:
(1) Appropriate committees of congress.--The term 
``appropriate committees of Congress'' means--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Homeland Security and 
Governmental Affairs of the Senate;
(C) the Committee on the Judiciary of the House of 
Representatives; and
(D) the Committee on Homeland Security of the House 
of Representatives.
(2) Department.--The term ``Department'' means the 
Department of Homeland Security.
(3) Secretary.--The term ``Secretary'' means the Secretary 
of Homeland Security.

SEC. 4. STANDARDS FOR DEPARTMENT OF HOMELAND SECURITY DETENTION 
FACILITIES.

(a) Rulemaking.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall, by regulation, establish 
detention standards for each facility at which aliens in the custody of 
the Department are detained.
(b) Minimum Protection.--The standards established under subsection 
(a) 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 modified in August 2014).
(c) Biennial Updates.--Not less frequently than biennially, the 
Secretary shall review and update such standards, as appropriate.

SEC. 5. OVERSIGHT AND TRANSPARENCY.

(a) Periodic Inspections.--
(1) In general.--On a periodic basis, not less frequently 
than annually, the Inspector General of the Department 
(referred to in this section as the ``Inspector General'') 
shall conduct an unannounced, in-person inspection of each 
facility at which aliens in the custody of the Department are 
detained to ensure that each such facility is in compliance 
with the standards established under section 4.
(2) Report.--Not later than 60 days after conducting an 
inspection under paragraph (1), the Inspector General shall--
(A) submit a report to the Secretary containing the 
results of such inspection; and
(B) make the report available to the public on the 
internet website of the Department.
(3) Failure to comply with standards.--
(A) Initial failure.--
(i) In general.--If the Inspector General 
determines that a facility has failed to comply 
with the standards established under section 4 
for the first time during any 2-year period, 
and such noncompliance constitutes a deficiency 
that threatens the health, safety, or the due 
process rights of detainees--
(I) the Inspector General shall 
notify the Secretary of such 
determination; and
(II) the Secretary shall--
(aa) in the case of a 
facility not owned by the 
Department, impose a meaningful 
fine of not less than 10 
percent of the value of the 
contract with the facility; and
(bb) in the case of a 
facility owned by the 
Department--

(AA) 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

(BB) not later than 
60 days after the 
issuance of a warning 
under subitem (AA), 
certify to the 
Inspector General that 
the remedial measures 
have been carried out.

(ii) Follow-up inspection.--Not later than 
180 days after the date on which the Inspector 
General makes a notification under clause 
(i)(I), the Inspector General shall conduct an 
in-person inspection of the facility to 
determine whether the facility has achieved 
compliance with the standards established under 
section 4.
(B) Subsequent failures.--If the Inspector General 
determines that a facility has failed to comply with 
the standards established under section 4 in 2 or more 
inspections under paragraph (1) during any 2-year 
period, and such noncompliance constitutes a deficiency 
that threatens the health, safety, or the rights of 
detainees--
(i) the Inspector General shall notify the 
Secretary of such determination; and
(ii) the Secretary shall--
(I) in the case of a facility not 
owned by the Department--
(aa) not later than 30 days 
after receiving such 
notification, transfer each 
detainee to a facility that 
does so comply;
(bb) terminate the contract 
with the owner or operator of 
the facility; and
(cc) ensure that no funds 
made available to the 
Department be used to continue 
such contract; and
(II) in the case of a facility 
owned by the Department--
(aa) not later than 60 days 
after receiving such 
notification, transfer each 
detainee to a facility that 
does so comply; and
(bb) suspend the use of 
such facility until such time 
as the Inspector General--

(AA) certifies to 
the Secretary that the 
facility is in 
compliance with such 
standards; and

(BB) makes 
available to the public 
on the internet website 
of the Department 
information relating to 
the remedial measures 
taken.

(b) Deaths in Custody.--
(1) Notification.--Not later than 24 hours after the death 
of an alien in the custody of the Department, the Secretary 
shall notify the appropriate committees of Congress of such 
death.
(2) Investigations.--
(A) In general.--Not later than 30 days after the 
death of an alien in the custody of the Department, the 
Secretary shall conduct an investigation into such 
death, which shall include a root cause analysis that 
identifies any changes to policies, practices, training 
curricula, staffing, or potential system-wide errors 
that may reduce the probability of such an event in the 
future.
(B) Root cause analysis.--Each root cause analysis 
required by subparagraph (A) shall be carried out--
(i) by appropriately qualified personnel, 
including 1 or more medical professionals 
qualified in a field relevant to the death; and
(ii) in accordance with professional 
medical standards for investigating sentinel 
events in medical care facilities, including 
the Sentinel Event Policy promulgated by The 
Joint Commission.
(C) Public report.--Not later than 60 days after 
such a death, the Secretary shall--
(i) issue a full report describing the 
results of the investigation required by 
subparagraph (A); and
(ii) make the report available to the 
public on the internet website of the 
Department.
(D) Review by inspector general.--Not later than 90 
days after the death of an alien in the custody of the 
Department, the Inspector General shall conduct a 
review of the report issued under subparagraph (C) with 
respect to such death.
(3) Definition of death of an alien in the custody of the 
department.--The term ``death of an alien in the custody of the 
Department'' means the death of an alien occurring while the 
alien is under the supervision of the Department, regardless 
of--
(A) the location of the death; or
(B) whether the death may have resulted from a 
health problem that existed before or during, or was 
exacerbated by, the detention of the alien.
(c) Report to Congress.--
(1) In general.--Not less frequently than annually, the 
Secretary shall submit to the appropriate committees of 
Congress a report on the inspections and oversight of 
facilities at which aliens in the custody of the Department are 
detained.
(2) Elements.--Each report required by paragraph (1) shall 
include, for the preceding year--
(A) a list of each detention facility found by the 
Inspector General to be in noncompliance with the 
standards established under section 4;
(B) for each such facility, a description of the 
remedial actions taken, or planned to be taken, by the 
Secretary so as to achieve compliance with such 
standards; and
(C) a determination as to whether such remedial 
actions have succeeded in bringing the facility into 
compliance with such standards.
(d) Classification of Documents for Purposes of FOIA.--The reports 
required by subsections (a)(2) and (b)(2)(C), and any contract between 
the Department and a private or public entity that provides for the use 
of a facility not owned by the Department to detain aliens in the 
custody of the Department, 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.
(e) Facilities Matrix.--
(1) In general.--On the first day of each month, the 
Secretary shall ensure that a publicly accessible internet 
website of the Department contains the information described in 
paragraph (2) for each facility at which aliens in the custody 
of the Department are detained.
(2) Elements.--The information referred to in paragraph (1) 
is, for each such facility, the following:
(A) The name and location of the facility.
(B) Whether the facility houses adults, children, 
or both.
(C) The number of beds available in the facility on 
the last day of the preceding month, disaggregated by 
gender.
(D) The total number of aliens detained in the 
facility on the last day of the preceding month, 
disaggregated by gender and classification as a child 
or as an adult.
(E) Whether the facility is used to detain aliens 
for longer than 72 hours.
(F) Whether the facility is used to detain aliens 
for longer than 7 days.
(G) The average number of aliens detained in the 
facility during the current year and during the 
preceding month, disaggregated by gender and 
classification as a child or as an adult.
(H) Whether the facility is in compliance with the 
standards established under section 4.
(I) In the case of a facility not owned by the 
Department, a description of the nature of the contract 
providing for the detention of aliens at the facility.
(J) The average, median, 25th quartile, and 50th 
quartile number of days that an alien has been detained 
at the facility during the preceding month.
(f) Online Detainee Locator System.--The Secretary shall ensure 
that the online detainee locator system maintained by the Department, 
or any successor system, is updated not later than 12 hours after an 
alien is--
(1) taken into, or released from, custody by the 
Department;
(2) transferred to, or detained in, a detention facility; 
or
(3) removed from the United States.
(g) Information Collected and Maintained for Aliens in DHS 
Custody.--The Secretary shall collect and maintain, for each alien in 
the custody of the Department, the following information:
(1) The gender and age of the alien.
(2) The date on which the alien was taken into such 
custody.
(3) The country of nationality of the alien.
(4) Whether the alien is considered a vulnerable person (as 
such term is defined in section 236(c)(5) of the Immigration 
and Nationality Act, as amended by section 9) or a primary 
caregiver.
(5) The provision of law pursuant to which the Secretary is 
authorized to detain the alien.
(6) The name of the facility in which the alien is 
detained.
(7) With respect to any transfer of the alien to another 
detention facility--
(A) a description of the transfer of the alien to 
the other detention facility;
(B) the reason for the transfer; and
(C) in the case of a transfer effectuated despite 
presence of the alien's legal counsel or immediate 
relative in the jurisdiction of the original detention 
facility, a justification for such transfer.
(8) The status and basis of any removal proceedings of 
which the alien is the subject.
(9) The initial custody determination made by U.S. 
Immigration and Customs Enforcement, including any review of 
such determination.
(10) The date of the alien's release or removal, and the 
reason for such release or removal, as applicable.
(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 at 
the border or in the interior of the United States.

SEC. 6. CIVIL ACTIONS.

(a) Civil Action for Violation of Standards.--
(1) In general.--An individual detained in a facility 
required to comply with the standards established under section 
4 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.
(2) Recovery.--In a civil action under this subsection, the 
court may order injunctive relief and compensatory damages, and 
may award the prevailing party reasonable attorney fees, and 
costs.

SEC. 7. DETENTION FACILITY CONSTRUCTION AND MAINTENANCE.

(a) Restriction on Construction.--
(1) In general.--Not later than 180 days before initiating, 
or entering into a contract for, the construction of a new 
facility or the expansion of an existing facility for the 
detention of aliens in the custody of the Department, the 
Secretary shall submit to the appropriate committees of 
Congress a notification of the plan to construct or expand such 
facility, including--
(A) the location, size, and capacity of such 
facility;
(B) the anticipated timeline and cost of 
constructing or expanding such facility; and
(C) the intended population to be detained at such 
facility, including the gender and ages of such 
population.
(2) Public availability.--The Secretary shall make the 
information described in paragraph (1) available to the public 
on the internet website of the Department.
(b) Phase-Out of Private Detention Facilities and Use of Jails.--
(1) Secure detention facilities.--
(A) In general.--The Secretary--
(i) may not enter into or extend any 
contract or agreement with any public or 
private for-profit entity that owns or operates 
a detention facility for use of such facility 
to detain aliens in the custody of the 
Department; and
(ii) shall terminate any contract or 
agreement described in clause (i) not later 
than the date that is 3 years after the date of 
the enactment of this Act.
(B) Ownership requirement.--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 are detained shall be owned and operated by 
the Department.
(2) Alternatives to detention programs.--
(A) In general.--The Secretary--
(i) may not enter into or extend any 
contract or agreement with any public or 
private for-profit entity for the operation of 
a program or the use of a facility for 
nonresidential, detention-related activities 
for aliens who are subject to monitoring by the 
Department; and
(ii) shall terminate any contract or 
agreement described in clause (i) not later 
than the date that is 3 years after the date of 
the enactment of this Act.
(B) Ownership and operation requirement.--Beginning 
on the date that is 3 years after the date of the 
enactment of this Act, any program or facility used for 
the activities described in subparagraph (A)(i) shall 
be owned and operated by a nonprofit organization or 
the Department.
(3) Implementation 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.
(c) Facility Requirement.--The Secretary shall ensure that each 
facility for the detention of aliens has a visitor waiting and security 
screening area that is indoor and climate-controlled.

SEC. 8. APPEARANCE OF DETAINED ALIENS FOR OTHER LEGAL MATTERS.

The Secretary shall establish rules to ensure that any alien 
detained in the custody of the Department 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 to such court 
proceeding.

SEC. 9. 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 to 
read as follows:

``apprehension and detention of aliens

``Sec. 236. (a) Arrest, Detention, and Release.--
``(1) In general.--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) Exemption for unaccompanied alien children.--
``(A) In general.--This section shall not apply to 
unaccompanied alien children (as defined in section 
462(g)(2) of the Homeland Security Act of 2002 (6 
U.S.C. 279(g)(2))).
``(B) Transfer of custody.--Any unaccompanied alien 
child in the custody of the Secretary of Homeland 
Security shall be transferred to the custody of the 
Secretary of Health and Human Services pursuant to 
section 235(b)(3) of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 
2008 (8 U.S.C. 1232(b)(3)).
``(b) Bond Determination.--
``(1) In general.--An immigration judge who releases an 
alien on bond under this section shall--
``(A) 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
``(B) set bond at an amount no greater than 
necessary to ensure the alien's appearance for removal 
proceedings.
``(2) Inability to pay bond.--The Secretary of Homeland 
Security may not continue to detain an alien solely based on 
the alien's inability to pay bond.
``(c) Custody Determination.--
``(1) Initial determination.--
``(A) In general.--Not later than 48 hours after 
taking an alien into custody pursuant to this section 
or section 235, or with respect to an alien subject to 
a reinstated order of removal pursuant to section 
241(a)(5) who has 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 the alien, and provide such 
determination in writing to the alien.
``(B) Least restrictive conditions.--With respect 
to a custody determination under subparagraph (A), 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 Secretary shall impose the 
least restrictive conditions, as described in paragraph 
(4).
``(2) Timing.--
``(A) In general.--An alien who seeks to challenge 
the initial custody determination under paragraph (1) 
shall be provided with the opportunity for a hearing 
before an immigration judge not later than 72 hours 
after the initial custody determination to determine 
whether the alien should be detained.
``(B) Access to counsel.--On request by an alien, 
or the legal counsel of an alien, an immigration judge 
may grant a reasonable continuance of a hearing under 
subparagraph (A) to provide the alien or such legal 
counsel additional time to prepare for the hearing.
``(3) Presumption of release.--
``(A) In general.--In a hearing under this 
subsection, there shall be a presumption that the alien 
should be released.
``(B) Rebuttal.--
``(i) In general.--The Secretary of 
Homeland Security has 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.
``(ii) Consideration.--The Attorney 
General--
``(I) shall consider the totality 
of each case; and
``(II) may not rely on an alien's 
criminal conviction, arrest, pending 
criminal charge, or combination thereof 
as the sole factor to justify the 
continued detention of the alien.
``(4) Least restrictive conditions required.--
``(A) In general.--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--
``(i) release on recognizance;
``(ii) secured or unsecured release on 
bond; or
``(iii) participation in a program 
described in subsection (f).
``(B) Monthly review.--Not less frequently than 
monthly, the immigration judge shall review any 
condition assigned to an alien pursuant to subparagraph 
(A).
``(C) Modification of conditions of supervision.--
An immigration judge may modify or rescind conditions 
of supervision imposed on an alien by the Secretary of 
Homeland Security.
``(5) Special rule for vulnerable persons and primary 
caregivers.--
``(A) In general.--In the case of an alien subject 
to a custody determination under this subsection who 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 alien in a community-based 
supervision program.
``(B) Definitions.--In this paragraph:
``(i) 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.
``(ii) Primary caregiver.--The term 
`primary caregiver' means an individual who is 
established to be a caregiver, parent, or close 
relative caring for or traveling with a child.
``(iii) 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, queer, 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 by the Secretary 
of Homeland Security to have 
experienced or 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.
``(iv) 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.
``(6) Subsequent determinations.--An alien detained under 
this section shall be provided with a de novo custody 
determination hearing under this subsection--
``(A) not later than 30 days after the date of the 
enactment of this Act;
``(B) every 60 days; and
``(C) upon showing of a change in circumstances or 
good cause for such a hearing.
``(d) Release Upon an Order Granting Relief From Removal.--The 
Secretary of Homeland Security--
``(1) shall immediately release an alien with respect to 
whom an immigration judge has entered an order providing relief 
from removal (including an order granting asylum or 
withholding, deferral, or cancellation of removal) or an order 
terminating removal proceedings, which order is pending appeal, 
upon entry of the order; and
``(2) 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 may not 
detain in a facility operated or contracted by U.S. Immigration and 
Customs Enforcement any individual who is under the age of 18 years.
``(f) Community-Based Case Management Program.--
``(1) In general.--The Secretary of Homeland Security shall 
establish, outside of the purview of U.S. Immigration and 
Customs Enforcement, a community-based case management program 
that--
``(A) provides alternatives to detaining aliens;
``(B) offers a continuum of community-based support 
options and services, including--
``(i) case management; and
``(ii) access to--
``(I) social services;
``(II) medical and mental health 
services;
``(III) housing;
``(IV) transportation; and
``(V) legal services; and
``(C) provides services in the appropriate 
language.
``(2) Prohibition on electronic surveillance.--The program 
under paragraph (1) may not include, as an alternative to 
detention, the provision of ankle monitors or other forms of 
electronic surveillance.
``(3) Within 180 days, the Secretary shall undertake a 
study to examine best practices of government-funded case 
management and related services, including exploring the 
possibility of funding case management services out of the 
Department.
``(4) Contracts.--
``(A) In general.--The Secretary may enter into 1 
or more contracts to operate the case management 
program described in paragraph (1).
``(B) Prioritization.--In entering into a contract 
under subparagraph (A), the Secretary shall give 
priority to direct contracts with qualified 
nongovernmental community-based organizations that have 
experience providing services to immigrant, refugee, 
and asylum-seeking populations.
``(5) Individualized determination required.--
``(A) In general.--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.
``(B) Exemption.--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.
``(6) Prohibition on fees for alternatives to detention.--
An alien who is required to participate in a specific 
alternatives to detention program or service may not be charged 
a fee for such participation.
``(7) Case management review.--Not later than 180 days 
after the date of the enactment of the Dignity for Detained 
Immigrants Act, the Secretary shall conduct a review of--
``(A) best practices in federally funded case 
management programs; and
``(B) the feasibility of transferring alternatives 
to detention case management programs out of the 
purview of the Department of Homeland Security.''.
(b) Probable Cause Hearing.--Section 287(a) of the Immigration and 
Nationality Act (8 U.S.C. 1357(a)(2)) is amended by striking the 
subsection designation and all that follows through ``United States;'' 
in paragraph (2) and inserting the following:
``(a) In General.--Any officer or employee of the Department of 
Homeland Security authorized under regulations prescribed by the 
Secretary of Homeland Security shall have power without warrant--
``(1) to interrogate any alien or person believed to be an 
alien as to the person's right to be or to remain in the United 
States, provided that such interrogation is not based on the 
person's race, ethnicity, national origin, religion, sexual 
orientation, color, spoken language, or English language 
proficiency; and
``(2) to arrest any alien who, in the presence or view of 
the officer or employee, is entering or attempting to enter the 
United States in violation of any law or regulation made 
pursuant to law regulating the admission, exclusion, expulsion, 
or removal of aliens, or to arrest any alien in the United 
States, if--
``(A) the officer or employee has probable cause to 
believe that--
``(i) the alien is in the United States in 
violation of any such law or regulation; and
``(ii) is likely to escape before a warrant 
can be obtained for the arrest of the alien;
``(B) the officer or employee has reason to believe 
that the alien would knowingly and willfully fail to 
appear in immigration court in response to a properly 
served notice to appear; and
``(C) not later than 48 hours after being taken 
into custody, the alien is provided with a hearing 
before an immigration judge to determine whether there 
was probable cause for such arrest, including probable 
cause to believe that the alien would have knowingly 
and willfully failed to appear as required under 
subparagraph (B) if the alien had not been arrested, 
which burden to establish probable cause shall be on 
the Department 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) (8 U.S.C. 1225(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 (8 U.S.C. 1226);
(C) in section 238(a)(2) (8 U.S.C. 1228(a)(2)), by 
striking ``pursuant to section 236(c),''; and
(D) in section 506(a)(2) (8 U.S.C. 1536(a)(2))--
(i) by amending the heading to read as 
follows: ``Release hearing for aliens 
detained''; and
(ii) in subparagraph (A)--
(I) by amending the heading to read 
as follows: ``In general'';
(II) in the matter preceding clause 
(i), by striking ``lawfully admitted 
for permanent residence'';
(III) by striking clause (i); and
(IV) by redesignating clauses (ii) 
and (iii) as clauses (i) and (ii), 
respectively.
(2) Conforming amendments.--
(A) The table of sections for the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.) is amended by 
striking the item relating to section 236A.
(B) Section 241(c)(3)(A)(ii) of the Immigration and 
Nationality Act (8 U.S.C. 1231(c)(3)(A)(ii)) is 
amended--
(i) in subclause (I), by striking the comma 
at the end and inserting ``; or'';
(ii) in subclause (II), by striking ``, 
or'' and inserting a period; and
(iii) 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 
demonstrates by the preponderance of the evidence 
that--
``(i) the alien's removal is not reasonably 
foreseeable; and
``(ii) the alien does not pose a risk to 
the safety of any individual or to the 
community.'';
(C) in paragraph (3)--
(i) in the paragraph 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 on the fact that the 
alien has been charged with or is suspected of 
a crime.
``(C) Period of detention.--
``(i) In general.--An alien may not be 
detained pursuant to an order under this 
paragraph for longer than a 60-day period.
``(ii) Subsequent redetermination 
hearing.--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)--
(I) by moving the paragraph 2 ems 
to the right;
(II) by amending the paragraph 
heading to read as follows: ``In 
general''; and
(III) in the first sentence--
(aa) by striking ``section 
241(a)(2)(A)(iii)'' and 
inserting ``section 
237(a)(2)(A)(iii)'';
(bb) by striking ``section 
241(a)(2)(A)(ii)'' and 
inserting ``section 
237(a)(2)(A)(ii)''; and
(cc) by striking ``section 
241(a)(2)(A)(i)'' and inserting 
``237(a)(2)(A)(i)'';
(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)''; and
(iii) by redesignating the second 
subsection (c) as subsection (d);
(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. 10. PROHIBITION ON SOLITARY CONFINEMENT.

(a) In General.--An individual in the custody of the Department may 
not be placed in solitary confinement.
(b) Definition of Solitary Confinement.--In this section, the term 
``solitary confinement''--
(1) means the confinement of an individual to the 
individual's cell, alone or with a cellmate, whether pursuant 
to disciplinary, administrative, or classification action; and
(2) does not include the confinement of an individual to an 
individual's cell during designated sleeping time.

SEC. 11. LEGAL ORIENTATION.

(a) Program.--The Secretary of Homeland Security shall ensure that 
each facility used to detain aliens provides access to the Legal 
Orientation Program (or any successor program), to be operated by a 
nonprofit nongovernmental organization with demonstrated immigration 
law expertise, for each alien detained at such facility, whether or not 
such facility is owned by the Department.
(b) Orientation.--The Secretary of Homeland Security shall ensure 
that each alien described in subsection (a) receives a legal 
orientation under such subsection, which may be provided in a group 
setting, as soon as practicable after entering the detention facility, 
but in no case after the initial hearing before an immigration judge.

SEC. 12. ACCESS TO COUNSEL.

The Secretary of Homeland Security shall permit an alien who has 
counsel in accordance with section 292 of the Immigration and 
Nationality Act (8 U.S.C. 1362) to access such counsel, in a private, 
confidential setting, including through confidential contact with 
counsel through in person, telephonic, or televideo meetings.

SEC. 13. CONGRESSIONAL OVERSIGHT.

(a) Oversight.--The Secretary of Homeland Security shall permit a 
covered person to enter, for the purpose of conducting oversight, any 
facility operated by or for the Department used to detain or otherwise 
house aliens for any period of time, and may not make any temporary 
modification at any such facility that in any way alters what is 
observed by a visiting covered person, compared to what would be 
observed in the absence of such modification.
(b) No Prior Notice for Members.--A covered person described in 
subsection (b)(1) may not be required to provide prior notice of the 
intent to enter a facility described in subsection (a) for the purpose 
of conducting oversight.
(c) Notice for Employees.--
(1) Employees not accompanying a member.--Except as 
provided in paragraph (2), the Secretary of Homeland Security 
may require a covered person described in subsection (b)(2) to 
provide notice to a facility described in subsection (a) at 
least 24 hours in advance of entry into such facility.
(2) Employees accompanying a member.--The notice described 
in paragraph (1) shall not be required for a covered person 
described in subsection (b)(2) who is accompanying a covered 
person described in subsection (b)(1).
(d) Covered Person Defined.--In this section, the term ``covered 
person'' means--
(1) a Member of Congress; and
(2) an employee of the House of Representatives or the 
Senate designated by such a Member for the purpose of this 
section.
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