H.R. 7335

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7335 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7335

To require U.S. Immigration and Customs Enforcement and U.S. Customs 
and Border Protection to perform an initial health screening on 
detainees, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 3, 2026

Mr. Ruiz (for himself, Ms. Wilson of Florida, Mr. Moulton, Ms. Elfreth, 
Ms. Matsui, Ms. Norton, Ms. Barragan, Ms. Simon, Ms. Garcia of Texas, 
Mrs. Watson Coleman, Mr. Garamendi, Ms. Ansari, Ms. Morrison, Ms. 
Craig, Mr. Thanedar, Mr. Tonko, Mr. Espaillat, Ms. Wasserman Schultz, 
Ms. Schrier, Ms. Tokuda, Mr. Krishnamoorthi, Mr. Johnson of Georgia, 
Mrs. Grijalva, Ms. Ross, Mr. Correa, Ms. Jacobs, Mr. Bell, Mr. Neguse, 
Ms. Salinas, Mr. Min, Mr. Liccardo, Ms. Kamlager-Dove, Mr. Khanna, Mr. 
Quigley, Mr. Soto, Mr. Scott of Virginia, Mr. Mullin, Mr. Davis of 
Illinois, Ms. Goodlander, Mr. Goldman of New York, Ms. Kelly of 
Illinois, Ms. Kaptur, Ms. Hoyle of Oregon, Mr. Garcia of California, 
Mr. Cleaver, Mr. Morelle, Mr. Walkinshaw, Mr. Mfume, Mrs. McClain 
Delaney, Ms. Bonamici, Ms. Pettersen, Ms. Brown, Ms. Castor of Florida, 
Mr. Vargas, Mr. Levin, Mr. Gomez, Ms. Velazquez, Ms. McBride, Mr. 
Cohen, Mr. Lynch, Mr. Nadler, Mr. Lieu, Mr. Kennedy of New York, Mr. 
Larsen of Washington, Ms. Brownley, Ms. Titus, Mr. Veasey, Ms. DeGette, 
Mrs. Cherfilus-McCormick, Mr. Torres of New York, Mr. Pocan, Ms. 
Lofgren, Mr. Subramanyam, and Ms. Lois Frankel of Florida) 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 require U.S. Immigration and Customs Enforcement and U.S. Customs 
and Border Protection to perform an initial health screening on 
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; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Humanitarian 
Standards for Individuals in ICE and CBP Custody Act''.
(b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Initial health screening protocol.
Sec. 3. Water, sanitation and hygiene.
Sec. 4. Food and nutrition.
Sec. 5. Shelter.
Sec. 6. Coordination and Surge capacity.
Sec. 7. Training.
Sec. 8. Interfacility transfer of care.
Sec. 9. Planning and initial implementation.
Sec. 10. Contractor compliance.
Sec. 11. Inspections.
Sec. 12. GAO report.
Sec. 13. Rules of construction.
Sec. 14. Publication of data on complaints of sexual abuse at ICE and 
CBP facilities.
Sec. 15. Definitions.

SEC. 2. INITIAL HEALTH SCREENING PROTOCOL.

(a) In General.--The Director of U.S. Immigration and Customs 
Enforcement and the Commissioner of U.S. Customs and Border Protection 
(referred to in this Act as the ``Director and Commissioner''), in 
consultation with the Secretary of Health and Human Services, the 
Administrator of the Health Resources and Services Administration, and 
nongovernmental experts in the delivery of health care in humanitarian 
crises and in the delivery of health care to children, shall develop 
guidelines and protocols for the provision of health screenings and 
appropriate medical care for individuals in the custody of U.S. 
Immigration and Customs Enforcement (referred to in this Act as 
``ICE'') or U.S. Customs and Border Protection (referred to in this Act 
as ``CBP''), as the case may be, as required under this section.
(b) Initial Screening and Medical Assessment.--The Director and 
Commissioner shall ensure that any individual who is detained in the 
custody of ICE or CBP, as the case may be, (referred to in this Act as 
a ``detainee'') receives an initial in-person screening by a licensed 
medical professional in accordance with the standards described in 
subsection (c)--
(1) to assess and identify any illness, condition, or age-
appropriate mental or physical symptoms that may have resulted 
from distressing or traumatic experiences;
(2) to identify acute conditions and high-risk 
vulnerabilities; and
(3) to ensure that appropriate healthcare is provided to 
individuals as needed, including pediatric, obstetric, and 
geriatric care.
(c) Standardization of Initial Screening and Medical Assessment.--
(1) In general.--The initial screening and medical 
assessment shall include the following:
(A) An interview and the use of a standardized 
medical intake questionnaire or the equivalent.
(B) Screening of vital signs, including pulse rate, 
body temperature, blood pressure, oxygen saturation, 
and respiration rate.
(C) Screening for blood glucose for known or 
suspected diabetics.
(D) Weight assessment of detainees under 12 years 
of age.
(E) A physical examination.
(F) A risk-assessment and the development of a plan 
for monitoring and care, when appropriate.
(2) Prescription medication.--The medical professional 
shall review any prescribed medication that is in the 
detainee's possession or that was confiscated by ICE or CBP, as 
the case may be, upon arrival and determine if the medication 
may be kept by the detainee for use during detention, properly 
stored by ICE or CBP, as the case may be, with appropriate 
access for use during detention, or maintained with the 
detained individual's personal property. A detainee may not be 
denied the use of necessary and appropriate medication for the 
management of the detainee's illness.
(3) Rule of construction.--Nothing in this subsection may 
be construed as requiring detainees to disclose their medical 
status or history.
(d) Timing.--
(1) In general.--Except as provided in paragraph (2), the 
initial screening and medical assessment described in 
subsections (b) and (c) shall take place as soon as 
practicable, but not later than 12 hours after a detainee's 
arrival at an ICE or CBP facility, as the case may be.
(2) High priority individuals.--The initial screening and 
medical assessment described in subsections (b) and (c) shall 
take place as soon as practicable, but not later than 6 hours 
after a detainee's arrival at an ICE or CBP facility, as the 
case may be, if the individual reasonably self-identifies as 
having a medical condition that requires prompt medical 
attention or is--
(A) exhibiting signs of acute or potentially severe 
physical or mental illness, or otherwise has an acute 
or chronic physical or mental disability or illness;
(B) pregnant;
(C) a child (with priority given, as appropriate, 
to the youngest children); or
(D) elderly.
(e) Further Care.--
(1) In general.--If, as a result of the initial health 
screening and medical assessment, the licensed medical 
professional conducting the screening or assessment determines 
that one or more of the detainee's vital sign measurements are 
significantly outside normal ranges in accordance with the 
National Emergency Services Education Standards, or if the 
detainee is identified as high-risk or in need of medical 
intervention, the detainee shall be provided, as expeditiously 
as possible, with an in-person or technology-facilitated 
medical consultation with a licensed emergency care 
professional.
(2) Re-evaluation.--
(A) In general.--Detainees described in paragraph 
(1) shall be re-evaluated within 24 hours and monitored 
thereafter as determined by an emergency care 
professional (and in the care of a consultation 
provided to a child, with a licensed emergency care 
professional with a background in pediatric care).
(B) Reevaluation prior to transportation.--In 
addition to the re-evaluations under subparagraph (A), 
detainees shall have all vital signs re-evaluated and 
be cleared as safe to travel by a medical professional 
prior to transportation.
(3) Pyschological and mental care.--The Director and 
Commissioner shall ensure that detainees who have experienced 
physical or sexual violence or who have experienced events that 
may cause severe trauma or toxic stress, are provided access to 
basic, humane, and supportive psychological assistance.
(f) Interpreters.--To ensure that health screenings and medical 
care required under this section are carried out in the best interests 
of the detainee, the Director and Commissioner shall ensure that 
language-appropriate interpretation services, including indigenous 
languages, are provided to each detainee and that each detainee is 
informed of the availability of interpretation services.
(g) Chaperones.--To ensure that health screenings and medical care 
required under this section are carried out in the best interests of 
the detainee--
(1) the Director and Commissioner shall establish 
guidelines for and ensure the presence of chaperones for all 
detainees during medical screenings and examinations consistent 
with relevant guidelines in the American Medical Association 
Code of Medical Ethics, and recommendations of the American 
Academy of Pediatrics; and
(2) to the extent practicable, the physical examination of 
a child shall always be performed in the presence of a parent 
or legal guardian or in the presence of the detainee's closest 
present adult relative if a parent or legal guardian is 
unavailable.
(h) Documentation.--The Director and Commissioner shall ensure that 
the health screenings and medical care required under this section, 
along with any other medical evaluations and interventions for 
detainees, are documented in accordance with commonly accepted 
standards in the United States for medical record documentation. Such 
documentation shall be provided to any individual who received a health 
screening and subsequent medical treatment upon release from ICE or CBP 
custody, as the case may be.
(i) Infrastructure and Equipment.--The Director and Commissioner or 
the Administrator of General Services shall ensure that each location 
to which detainees are first transported after an initial encounter 
with an agent or officer of ICE or CBP, as the case may be, has the 
following:
(1) A private space that provides a comfortable and 
considerate atmosphere for the patient and that ensures the 
patient's dignity and right to privacy during the health 
screening and medical assessment and any necessary follow-up 
care.
(2) All necessary and appropriate medical equipment and 
facilities to conduct the health screenings and follow-up care 
required under this section, to treat trauma, to provide 
emergency care, including resuscitation of individuals of all 
ages, and to prevent the spread of communicable diseases.
(3) Basic over-the-counter medications appropriate for all 
age groups.
(4) Appropriate transportation to medical facilities in the 
case of a medical emergency, or an on-call service with the 
ability to arrive at the ICE or CBP facility, as the case may 
be, within 30 minutes.
(j) Personnel.--The Director and Commissioner or the Administrator 
of General Services shall ensure that each location to which detainees 
are first transported after an initial encounter has onsite at least 
one licensed medical professional to conduct health screenings. Other 
personnel that are or may be necessary for carrying out the functions 
described in subsection (e), such as licensed emergency care 
professionals, specialty physicians (including physicians specializing 
in pediatrics, family medicine, obstetrics and gynecology, geriatric 
medicine, internal medicine, and infectious diseases), nurse 
practitioners, other nurses, physician assistants. licensed social 
workers, mental health professionals, public health professionals, 
dieticians, interpreters, and chaperones, shall be located on site to 
the extent practicable, or if not practicable, shall be available on 
call.
(k) Ethical Guidelines.--The Director and Commissioner shall ensure 
that all medical assessments and procedures conducted pursuant to this 
section are conducted in accordance with ethical guidelines in the 
applicable medical field, and respect human dignity.

SEC. 3. WATER, SANITATION AND HYGIENE.

The Director and Commissioner shall ensure that detainees have 
access to the following:
(1) Not less than 1 gallon of drinking water per person per 
day, and age-appropriate fluids as needed.
(2) A private, safe, clean, and reliable permanent or 
portable toilet with proper waste disposal and a hand washing 
station, with not less than 1 toilet available for every 12 
male detainees, and 1 toilet for every 8 female detainees.
(3) A clean diaper changing facility, which includes proper 
waste disposal, a hand washing station, and unrestricted access 
to diapers.
(4) The opportunity to bathe daily in a permanent or 
portable shower that is private and secure.
(5) Products for individuals of all age groups and with 
disabilities to maintain basic personal hygiene, including 
soap, a toothbrush, toothpaste, adult diapers, and feminine 
hygiene products, as well as receptacles for the proper storage 
and disposal of such products.

SEC. 4. FOOD AND NUTRITION.

The Director and Commissioner shall ensure that detainees have 
access to the following:
(1) Three meals per day, including the following:
(A) In the case of an individual age 12 or older, a 
diet that contains not less than 2,000 calories per 
day.
(B) In the case of a child who is under the age of 
12, a diet that contains an appropriate number of 
calories per day based on the child's age and weight.
(2) Accommodations for any dietary needs or restrictions.
(3) Access to food in a manner that follows applicable food 
safety standards.

SEC. 5. SHELTER.

The Director and Commissioner shall ensure that each facility at 
which a detainee is detained meets the following requirements:
(1) Except as provided in paragraph (2), males and females 
shall be detained separately.
(2) In the case of a minor child arriving in the United 
States with an adult relative or legal guardian, such child 
shall be detained with such relative or legal guardian unless 
such an arrangement poses safety or security concerns. In no 
case shall a minor who is detained apart from an adult relative 
or legal guardian as a result of such safety or security 
concerns be detained with other adults.
(3) In the case of an unaccompanied minor arriving in the 
United States without an adult relative or legal guardian, such 
child shall be detained in an age-appropriate facility and 
shall not be detained with adults.
(4) A detainee with a temporary or permanent disability 
shall be held in an accessible location and in a manner that 
provides for his or her safety, comfort, and security, with 
accommodations provided as needed.
(5) No detainee shall be placed in a room for any period of 
time if the detainee's placement would exceed the maximum 
occupancy level as determined by the appropriate building code, 
fire marshal, or other authority.
(6) Each detainee shall be provided with temperature 
appropriate clothing and bedding.
(7) The facility shall be well lit and well ventilated, 
with the humidity and temperature kept at comfortable levels 
(between 68 and 74 degrees Fahrenheit).
(8) Detainees who are in custody for more than 48 hours 
shall have access to the outdoors for not less than 1 hour 
during the daylight hours during each 24-hour period.
(9) Detainees shall have the ability to practice their 
religion or not to practice a religion, as applicable.
(10) Detainees shall have access to lighting and noise 
levels that are safe and conducive for sleeping throughout the 
night between the hours of 10 p.m. and 6 a.m.
(11) Officers, employees, and contracted personnel of ICE 
or CBP, as the case may be, shall--
(A) follow medical standards for the isolation and 
prevention of communicable diseases; and
(B) ensure the physical and mental safety of 
detainees who identify as lesbian, gay, bisexual, 
transgender, and intersex.
(12) The facility shall have video-monitoring to provide 
for the safety of the detained population and to prevent sexual 
abuse and physical harm of vulnerable detainees.
(13) The Director and Commissioner shall ensure that 
language-appropriate ``Detainee Bill of Rights'', including 
indigenous languages, are posted or otherwise made available in 
all areas where detainees are located. The ``Detainee Bill of 
Rights'' shall include all rights afforded to the detainee 
under this Act.
(14) Video from video-monitoring must be preserved for 90 
days and the detention facility must maintain certified records 
that the video-monitoring is properly working at all times.

SEC. 6. COORDINATION AND SURGE CAPACITY.

The Secretary of Homeland Security shall enter into memoranda of 
understanding with appropriate Federal agencies, such as the Department 
of Health and Human Services, and applicable emergency government 
relief services, as well as contracts with health care, public health, 
social work, and transportation professionals, for purposes of 
addressing surge capacity and ensuring compliance with this Act.

SEC. 7. TRAINING.

The Director and Commissioner shall ensure that ICE and CBP 
personnel, respectively, assigned to each short-term custodial facility 
are professionally trained, including continuing education as the 
Director and Commissioner, respectively, determines appropriate, in all 
subjects necessary to ensure compliance with this Act, including the 
following:
(1) Humanitarian response protocols and standards.
(2) Indicators of physical and mental illness, and medical 
distress in children and adults.
(3) Indicators of child sexual exploitation and effective 
responses to missing migrant children.
(4) Procedures to report incidents of suspected child 
sexual abuse and exploitation directly to the National Center 
for Missing and Exploited Children.

SEC. 8. INTERFACILITY TRANSFER OF CARE.

(a) Transfer.--When a detainee is discharged from a medical 
facility or emergency department, the Director and Commissioner, as the 
case may be, shall ensure that responsibility of care is transferred 
from the medical facility or emergency department to an accepting 
licensed health care provider of ICE or CBP, as the case may be.
(b) Responsibilities of Accepting Providers.--Such accepting 
licensed health care provider shall review the medical facility or 
emergency department's evaluation, diagnosis, treatment, management, 
and discharge care instructions to assess the safety of the discharge 
and transfer and to provide necessary follow-up care.

SEC. 9. PLANNING AND INITIAL IMPLEMENTATION.

(a) Planning.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of Homeland Security shall submit to 
Congress a detailed plan delineating the timeline, process, and 
challenges of carrying out the requirements of this Act.
(b) Implementation.--The Secretary of Homeland Security shall 
ensure that the requirements of this Act are implemented not later than 
6 months after the date of enactment.

SEC. 10. CONTRACTOR COMPLIANCE.

The Secretary of Homeland Security shall ensure that all personnel 
contracted to carry out this Act do so in accordance with the 
requirements of this Act.

SEC. 11. INSPECTIONS.

(a) In General.--The Inspector General of the Department of 
Homeland Security shall carry out the following:
(1) Conduct unannounced inspections of ports of entry, 
border patrol stations, and detention facilities administered 
by ICE or CBP, as the case may be, or contractors of ICE or 
CBP, as the case may be.
(2) Submit to Congress, reports on the results of such 
inspections as well as other reports of the Inspector General 
related to custody operations.
(b) Particular Attention.--In carrying out subsection (a), the 
Inspector General of the Department of Homeland Security shall pay 
particular attention to the following:
(1) The degree of compliance by ICE and CBP with the 
requirements of this Act.
(2) Remedial actions taken by ICE and CBP.
(3) The health needs of detainees.
(4) The degree of compliance with part 115 of title 6, Code 
of Federal Regulations (commonly known as the ``Standards To 
Prevent, Detect, and Respond to Sexual Abuse and Assault in 
Confinement Facilities'').
(c) Access to Facilities.--The Director and Commissioner, as the 
case may be, may not deny a Member of Congress entrance to any facility 
or building used, owned, or operated by ICE or CBP, as the case may be.

SEC. 12. GAO REPORT.

(a) In General.--The Comptroller General of the United States 
shall--
(1) not later than 6 months after the date of enactment of 
this Act, commence a study on implementation of, and compliance 
with, this Act; and
(2) not later than 1 year after the date of enactment of 
this Act, submit a report to Congress on the results of such 
study.
(b) Issues To Be Studied.--The study required by subsection (a) 
shall examine the management and oversight by ICE and CBP of ports of 
entry, border patrol stations, and other detention facilities, 
including the extent to which ICE and CBP and the Department of 
Homeland Security have effective processes in place to comply with this 
Act. The study shall also examine the extent to which ICE and CBP 
personnel, in carrying out this Act, make abusive, derisive, profane, 
or harassing statements or gestures, or engage in any other conduct 
evidencing hatred or invidious prejudice to or about one person or 
group on account of race, color, religion, national origin, sex, sexual 
orientation, age, or disability, including on social media.

SEC. 13. RULES OF CONSTRUCTION.

Nothing in this Act may be construed--
(1) as authorizing ICE or CBP to detain individuals for 
longer than 72 hours;
(2) as contradicting the March 7, 2014, Department of 
Homeland Security rule adopting Standards to Prevent, Detect, 
and Respond to Sexual Abuse and Assault in Confinement 
Facilities, which includes a zero tolerance policy prohibiting 
all forms of sexual abuse and assault of individuals in U.S. 
Customs and Border Protection custody, including in holding 
facilities, during transport, and during processing;
(3) as contradicting current protocols related to 
Department background checks in the hiring process;
(4) as restricting the Department from denying employment 
to or terminating the employment of any individual who would be 
or is involved with the handling or processing at holding 
facilities, during transport, or during processing, or care of 
detainees, including the care of children, and has been 
convicted of a sex crime or other offense involving a child 
victim; or
(5) as affecting the obligation to fully comply with all 
applicable immigration laws, including being subject to any 
penalties, fines, or other sanctions.

SEC. 14. PUBLICATION OF DATA ON COMPLAINTS OF SEXUAL ABUSE AT ICE AND 
CBP FACILITIES.

Not later than 90 days after the date of enactment of this Act, the 
Secretary of Homeland Security, acting in coordination with the Office 
of Inspector General and Office for Civil Rights and Civil Liberties, 
shall publicly release aggregate data on complaints of sexual abuse at 
ICE and CBP facilities on its website on a quarterly basis, excluding 
any personally identifiable information that may compromise the 
confidentiality of individuals who reported abuse.

SEC. 15. DEFINITIONS.

In this Act:
(1) Child.--The term ``child'' has the meaning given the 
term in section 101(b)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1101(b)(1)).
(2) Forward operating base.--The term ``forward operating 
base'' means a permanent facility established by CBP in forward 
or remote locations, and designated as such by CBP.
(3) Interpretation services.--The term ``interpretation 
services'' includes translation services that are performed 
either in-person or through a telephone or video service.
(4) U.S. customs and border protection facility.--The term 
``U.S. Customs and Border Protection Facility'' includes the 
following:
(A) U.S. Border Patrol stations.
(B) Ports of entry.
(C) Checkpoints.
(D) Forward operating bases.
(E) Secondary inspection areas.
(F) Short-term custody facilities.
(5) U.S. immigration and customs enforcement facility.--The 
term ``U.S. Immigration and Customs Enforcement facility'' 
means a confinement facility operated by or pursuant to 
contract with U.S. Immigration and Customs Enforcement (ICE) 
that routinely holds persons for over 24 hours pending 
resolution or completion of immigration removal operations or 
processes, including the following:
(A) Facilities that are operated by ICE.
(B) Facilities that provide detention services 
under a contract awarded by ICE.
(C) Facilities used by ICE pursuant to an 
Intergovernmental Service Agreement.
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