Sec. 9. Secure Alternatives Program
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The Secretary shall establish the Secure Alternatives Program (referred to in this section as the Program ) under which an alien who has been detained may be released under enhanced supervision— to prevent the alien from absconding; to ensure that the alien makes appearances related to such detention; and to authorize and promote the utilization of alternatives to detention of asylum seekers. The Secretary shall facilitate the nationwide implementation of the Program. The Program shall utilize a continuum of alternatives based on the alien’s need for supervision, which may include placement of the alien— with an individual or organizational sponsor; or in a supervised group home.
The Program shall include— individualized case management by an assigned case supervisor; and referral to community-based providers of legal and social services. Restrictive electronic monitoring devices, such as ankle bracelets, may not be used unless there is a demonstrated need for such enhanced monitoring. The Secretary shall periodically review any decision to require the use of devices described in subparagraph (A). Asylum seekers denied parole under section 235(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B) ) shall be eligible to participate in the Program.
The Program shall be designed to ensure sufficient supervision of the population described in subparagraph (A). For aliens who pose a flight risk, the Secretary shall make an individualized determination as to whether this risk can be mitigated through the Program. The Attorney General and the Secretary shall promulgate regulations establishing procedures for the review of any determination under this section by an immigration judge, unless the alien waives the right to such review.
The Secretary shall enter into contracts with qualified nongovernmental entities to implement the Program. In designing the Program, the Secretary shall— consult with relevant experts; and consider programs that have proven successful in the past, including the Appearance Assistance Program developed by the Vera Institute of Justice. Section 235(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B) ) is amended— by redesignating clause
(v)as clause (vi); and by inserting after clause
(iv)the following: Any alien subject to detention under this subsection who has been determined to have a credible fear of persecution shall be released from the custody of the Department of Homeland Security not later than 7 days after such determination unless the Secretary of Homeland Security demonstrates by substantial evidence that the alien— poses a risk to public safety, which may include a risk to national security; or is a flight risk, which cannot be mitigated through other conditions of release, such as bond or secure alternatives, that would reasonably ensure that the alien would appear for immigration proceedings. The Secretary of Homeland Security shall provide every alien and the alien's legal representative with written notification of the parole decision, including a brief explanation of the reasons for any decision to deny parole. The notification should be communicated to the alien orally or in writing, in a language the alien claims to understand. .
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Sec. 9
Secure Alternatives Program
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