Sec. 2. Minimum detention center standards
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In this section: The term detention facility means a Federal, State, or local government facility, or a privately owned and operated facility, that is used, in whole or in part, to hold individuals under the authority of the Director of U.S. Immigration and Customs Enforcement or the Commissioner of U.S. Customs and Border Protection, including facilities that hold such individuals under a contract or agreement with the Director or the Commissioner. The term Secretary means the Secretary of Homeland Security.
The term detainee means an individual who is subject to detention under the Immigration and Nationality Act. The Secretary shall ensure that all persons detained pursuant to the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) are treated humanely and shall ensure that all detention facilities comply with the following minimum requirements: Detainees shall not be subject to degrading or inhumane treatment, such as physical abuse, sexual abuse or harassment, psychological abuse, retaliatory actions, arbitrary punishment, or discrimination based on nationality, sexual orientation, race, gender identity, or religion.
Detention facilities shall comply fully with the national standards for the detection, prevention, reduction, and punishment of prison rape pursuant to section 8 of the Prison Rape Elimination Act of 2003 ( 42 U.S.C. 15607 ). Detainees shall not be subject to solitary confinement, shackling, or strip searches, except to the extent that such techniques are necessary to ensure the security of other detainees, staff, or the public and only if less coercive measures will not ensure the security of other detainees, staff, and the public.
Decisions to place detainees in solitary confinement shall be reported to the Field Officer Director at a minimum for any placement lasting at least 3 days continuously or 3 days out of a 7 day period, and reviewed on a weekly basis thereafter. Detainees shall have the right to prompt, effective, and impartial investigations of grievances related to conditions of detention. No detainee shall be retaliated against for filing a complaint or grievance or for organizing peaceful demonstrations.
Detainees shall have sufficient access to telephones, and the ability to contact, free of charge, legal representatives, foreign consulates, the immigration courts, the Board of Immigration Appeals, Family Courts, local criminal courts, the UN Refugee Agency, and the Federal courts. The rates charged for telephone calls shall be reasonable and shall not significantly impair detainees’ access to telephones. All detention facilities whose date of first use by the Department of Homeland Security occurs after the date of the enactment of this Act shall be located and 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.
Procedures governing the transfer of a detainee shall take into account— the detainee’s access to legal representatives; the proximity of the facility to the venue of the asylum or removal proceeding; the detainee’s proximity to scheduled bond hearings; and the detainee’s proximity to family members. Prior to transfer, the Secretary shall give advance notice to the detainee, the attorney of the detainee, and the family of the detainee. Detention facilities shall employ staff, including medical personnel, who, to the extent practicable, are qualified in the languages represented in the population of detainees at a detention facility, and alternative interpreter and translation services shall be made available.
Detention facilities shall not rely on detainees to translate or interpret for one another. All detainees, including detainees in administrative or disciplinary segregation, shall be afforded daily access to indoor and outdoor recreational programs and activities. All detainees shall have access to religious services and reading materials necessary to their religious practice. Procedures and conditions of detention shall accommodate the unique needs of asylum seekers, victims of torture and trafficking, families with children, detainees with special religious, cultural, or spiritual considerations, pregnant women, nursing mothers, individuals older than 65 years of age, and other vulnerable populations.
The Secretary shall ensure that prompt and adequate emergency, primary, specialty, and hospital medical care is provided at no cost to detainees, including dental care, eye care, mental health care, individual and group counseling, and services with respect to medical dietary needs. The Secretary shall ensure that procedures for providing medical care to detainees include comprehensive intake screening, effective continuity of care, prompt responses to requests for medical care or treatment, and accurate and timely distribution of prescribed medication.
The Secretary shall ensure that medical facilities in all detention facilities maintain current accreditation by the National Commission on Correctional Health Care. The Secretary shall ensure that complete medical records are maintained for every detainee and that the records are made available upon request to the detainee, the detainee's legal representative, or other authorized individuals. Detainees may have opportunities to work and earn money while in detention, subject to the number of work opportunities available.
Detainees shall be able to volunteer for work assignments but otherwise shall not be required to work, subject to the following: Available work opportunities shall be provided in order to reduce idleness and improve morale, but shall not be provided for the economic benefit of the detention center. Detainees shall not be the main source of labor for the essential functions required to operate detention facilities. All work opportunities shall comply with Occupational Safety and Health Administration protections.
The Rate of Pay for voluntary work shall be reviewed by the Secretary on an annual basis. The Secretary shall provide and make publically available a report on the rate of pay, job descriptions, and full time equivalents for employed detainees compared to full time staff in each detention facility to the Committee on the Judiciary of the House, the Committee on the Judiciary of the Senate, Committee on Homeland Security of the House, and Committee on Homeland Security & Governmental Affairs of the Senate.
The Attorney General, in consultation with the Secretary, shall ensure that all detained aliens in immigration and asylum proceedings receive legal orientation through the Legal Orientation Program administered and implemented by the Executive Office for Immigration Review of the Department of Justice. All detainees shall have access to a properly equipped law library, legal materials and equipment to facilitate the preparation of documents. All detainees shall have meaningful access to law libraries, legal materials, and equipment.
Special consideration shall be given to detainees facing deadlines or time constraints. The Secretary shall prescribe regulations, using the procedures for negotiated rulemakings under subchapter III of chapter 5 of title 5, United States Code, to establish standards to ensure detainees held under the authority of the Director of U.S. Immigration and Customs Enforcement or the Commissioner of U.S. Customs and Border Protection are treated humanely and to ensure compliance with the minimum requirements set forth in subsection (b).
Any negotiated rulemaking committee established by the Secretary pursuant to paragraph
(1)shall include representatives and experts from— relevant agencies of the Department; the Office of Refugee Resettlement at the Department of Health and Human Services; representatives of State and local governments; the United States Commission on International Religious Freedom; nongovernmental organizations with expertise working on behalf of aliens in detention facilities, including organizations that emphasize protections for vulnerable populations; nongovernmental organizations with expertise advocating for asylum seekers; labor organizations that represent employees who work at detention facilities; accrediting bodies for medical care in settings comparable to detention facilities, such as the National Commission on Correctional Health Care, or other experts in the field of providing quality medical care in such settings; and a person appointed by— the majority leader of the House of Representatives; the minority leader of the House of Representatives; the majority leader of the Senate; and the minority leader of the Senate. The procedures for the negotiated rulemaking referred to in paragraph
(1)shall be conducted in a timely manner to ensure that— any recommendations with respect to proposed regulations are provided to the Secretary not later than 1 year after the date of enactment of this Act; and a final rule is promulgated not later than 1 year and 6 months after the date of enactment of this Act.
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