Sec. 4. Short-term custody standards
948 words·~4 min read·
/bill/113/hr/3130/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the head of the Office of Civil Rights and Civil Liberties of the Department, shall promulgate regulations establishing short-term custody standards providing for basic minimums of care at all U.S. Customs and Border Protection
(CBP)facilities holding individuals in CBP custody, including— Border Patrol stations; ports of entry; checkpoints; forward operating bases; secondary inspection areas; and short-term custody facilities. The regulations promulgated in accordance with subsection
(a)shall ensure that detention space capacity will not be exceeded except in emergency circumstances, and that all individuals in CBP custody receive— potable water and a snack, and, if detained for more than five hours, a nutritious meal with regular nutritious meals (at least one of which daily must be heated), and snacks, thereafter; medically appropriate meals or snacks if such individuals are pregnant or have medical needs; access to bathroom facilities as well as basic toiletries and hygiene items, including soap, a toothbrush, toilet paper, and other items appropriate for the age and gender identification of such individuals, such as diapers and feminine hygiene products; a cot, clean linens, and blankets, if detained for more than five hours; adequate lighting and climate control that achieves a reasonable indoor temperature; a physical and mental health screening conducted promptly upon arrival in a manner that complies with the requirements for such screenings specified in the currently applicable National Commission for Correctional Health Care Jails Standards, as well as information about the availability of, and access to, health care services that is communicated in a form and language such individual is known to understand; immediate physical and mental health needs addressed by a qualified health care professional as soon as possible; prompt notice of the ability to make one telephone call at any time after arrest, telephone access to make such call, and the phone numbers to file a complaint with the Office of the Inspector General of the Department and the Office for Civil Rights and Civil Liberties of the Department; to the extent practicable, a reasonable accommodation to respect such individuals’ religious practices; all protections under the Prison Rape Elimination Act of 2003 ( 42 U.S.C. 15601 et seq. ; Public Law 108–79 ), except that certain protections shall not apply at a particular CBP facility if the Commissioner of CBP determines that implementation at that particular facility of such a protection would be impracticable; and safe transport, including prevention of sexual assault during transfer, including in subcontracted transportation services, while such individuals are transported from a CBP facility. The Commissioner of CBP shall ensure that all individuals in CBP custody— have access to consular officials and counsel; receive copies of all signed documents; and are transferred to an appropriate U.S. Immigration and Customs Enforcement or Department of Health and Human Services Office of Refugee Resettlement facility or are released from short-term custody within 48 hours of apprehension. The Commissioner of CBP shall ensure constant surveillance of an individual in CBP custody who exhibits signs of hostility, depression, or similar behaviors, or who is reasonably known to pose an elevated suicide risk. The Commissioner of CBP shall ensure that individuals in CBP custody for more than 24 hours, receive, in addition to the physical and mental health screening specified in subsection (b)(6), a physical and mental health assessment by a qualified healthcare professional. To the extent practicable, such individuals with known or readily apparent disabilities, including temporary disabilities, shall be housed in a manner that accommodates their mental or physical condition, or both, and provides for the safety, comfort, and security of such individuals. Any lawful, nonperishable belongings of an individual in CBP custody that are confiscated by personnel operating under Federal authority shall be returned to such individual prior to the deportation or removal of such individual. Short-term custody facilities shall be inspected at least once every year by the Department of Homeland Security Office for Civil Rights and Civil Liberties, with the results made public without the need to submit a request under section 552 of title 5, United States Code. Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to— establish a publicly accessible online system to track the location of individuals in CBP custody held in short-term custody, and provide an online list of all locations with phone numbers routinely used to hold individuals in short-term custody; improve the education of individuals in CBP custody regarding administrative procedures and legal rights under United States immigration law, in consultation with the Executive Office for Immigration Review; and ensure notification of the Office of Inspector General and Department of Homeland Security Office for Civil Rights and Civil Liberties within 48 hours of all instances in which— an individual in CBP custody has died, including during transfer to another facility or while being released; and an individual has died as the result of an encounter with CBP. Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report that details all instances in which an individual in CBP custody has died in the prior fiscal year, including during transfer to another facility or while being released, as well as all instances in which an individual has died as the result of an encounter with CBP, and the result of any subsequent investigation. Such reports shall also detail all instances in which an individual, including an individual in the custody of CBP, has suffered serious injuries requiring hospitalization as a result of the use of force by CBP.
Connectionstraces to 1
Traces to 1 document
U.S. Code
1 reference not yet in our index
- Pub. L. 108-79
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources