Sec. 10. Conditions of detention
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The Secretary shall promulgate regulations that— establish the conditions for the detention of asylum seekers that ensure a safe and humane environment; and include the rights and procedures set forth in subsections
(c)through (e). In this section: The term detainee means an individual who is detained under the authority of U.S. Immigration and Customs Enforcement. The term detention facility means any Federal, State, or local government facility or privately owned and operated facility, which is being used to hold detainees longer than 72 hours. The term group legal orientation presentations means live group presentations, supplemented by individual orientations, pro se workshops, and pro bono referrals, that— are carried out by private nongovernmental organizations; are presented to detainees; inform detainees about United States immigration law and procedures; and enable detainees to determine their eligibility for relief. The term short-term detention facility means any detention facility that is used to hold immigration detainees for not more than 72 hours. All detainees arriving at a detention facility shall promptly receive— access to legal information, including an on-site law library with up-to-date legal materials and law databases; free access to the necessary equipment and materials for legal research and correspondence, such as computers, printers, copiers, and typewriters; an accurate, updated list of free or low-cost immigration legal service providers that— are near such detention facility; and can assist those with limited English proficiency or disabilities; confidential meeting space to confer with legal counsel; and services to send confidential legal documents to legal counsel, government offices, and legal organizations. The Secretary shall establish procedures for regularly scheduled, group legal orientation presentations. The Secretary shall establish a program to award grants to nongovernmental agencies for the purpose of developing, implementing, or expanding legal orientation programs available for all detainees at the detention facilities in which such programs are offered. Detainees shall be provided adequate access to contact visits from— legal service providers, including attorneys, paralegals, law graduates, law students, and representatives accredited by the Board of Immigration Appeals; consultants, as authorized under section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)), before and during interviews in which determinations of credible fear of persecution are made; and individuals assisting in the provision of legal representation and documentation in support of the asylum seekers' cases, including interpreters, medical personnel, mental health providers, social welfare workers, expert and fact witnesses, and others. The Secretary shall establish procedures to provide detainees with adequate and prompt notice, in the language of the detainee, of their available release options and the procedures for requesting such options. All detention facilities first used by the Department of Homeland Security after the date of the enactment of this Act shall be located within 50 miles of a community in which there is a demonstrated capacity to provide free or low-cost legal representation by— nonprofit legal aid organizations; or pro bono attorneys with expertise in asylum or immigration law. The Secretary shall establish procedures requiring the prompt notification of the legal representative of a detainee before transferring such detainee to another detention facility. Not later than 6 hours after the commencement of a detention of a detainee, the detainee shall be provided reasonable access to a telephone, with at least 1 working telephone available for every 25 detainees. Each detainee has the right to contact by telephone, free of charge— legal representatives; nongovernmental organizations designated by the Secretary; consular officials; the United Nations High Commissioner for Refugees; Federal and State courts in which the detainee is, or may become, involved in a legal proceeding; and all Government immigration agencies and adjudicatory bodies, including the Office of the Inspector General of the Department of Homeland Security and the Office for Civil Rights and Civil Liberties of the Department of Homeland Security, through confidential toll-free numbers. Detainees shall be given full and equitable access to religious services, religious materials, opportunity for religious group study, and religious counseling appropriate to their religious beliefs and practices. Each detention facility shall have a chaplain, who shall be responsible for— managing the religious activities at the detention facility, including providing pastoral care and counseling to detainees; and facilitating access to pastoral care and counseling from external clergy or religious service providers who represent the faiths of the detainees at the facility. The Secretary shall ensure that the religious, medical, and cultural dietary needs of the detainees are met. The Secretary shall ensure that detention facility staff members are trained to recognize and address cultural and gender issues relevant to male, female, and child detainees. Nongovernmental organizations shall be provided reasonable access to a detention facility to— observe the conditions of detention outlined in this section; engage in teaching and training programs for the detainees detained at the facility; and provide legal or religious services to the detainees. Solitary confinement, shackling, and strip searches of detainees— may not be used unless such techniques are necessitated by extraordinary circumstances in which the safety of other persons is at imminent risk; and may not be used for the purpose of humiliating detainees within or outside the detention facility. Solitary confinement, shackling, and strip searches may not be used on pregnant women, nursing mothers, women in labor or delivery, or children who are younger than 18 years of age. Strip searches may not be conducted in the presence of children who are younger than 21 years of age. Detention facilities shall— adopt written policies pertaining to the use of force and restraints; and train all staff on the proper use of such techniques and devices.
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Sec. 10
Conditions of detention
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