Sec. 622. Expansion and effective management of detention facilities
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Subject to the availability of appropriations, the Secretary of Homeland Security shall fully utilize— all available detention facilities operated or contracted by the Department of Homeland Security; all possible options to cost effectively increase available detention capacities, including the use of State and local correctional facilities, private space, and secure alternatives to detention; and the Department’s Office of Civil Rights and Civil Liberties shall monitor all facilities that are being used to hold detainees for more than 72 hours.
The monitoring will include an evaluation of whether there is compliance with the requirements of the Department’s Detention Operations Manual. For purposes of this section, the secure alternatives to detention referred to in subsection
(a)is a program under which eligible aliens are released to the custody of suitable individual or organizational sponsors who will supervise them, use appropriate safeguards to prevent them from absconding, and ensure that they make required appearances. The program shall be developed in accordance with the following guidelines: The Secretary shall design the program in consultation with nongovernmental organizations and academic experts in both the immigration and the criminal justice fields. Consideration should be given to methods that have proven successful in appearance assistance programs, such as the appearance assistance program developed by the Vera Institute and the Department of Homeland Security’s Intensive Supervision Appearance Program. The program shall utilize a continuum of alternatives based on the alien’s need for supervision, including placement of the alien with an individual or organizational sponsor, a supervised group home, or in a supervised, non-penal community setting that has guards stationed along its perimeter. The Secretary shall enter into contracts with nongovernmental organizations and individuals to implement the secure alternatives to detention program. The Secretary shall select aliens to participate in the program from designated groups specified in paragraph
(4)if the Secretary determines that such aliens are not flight risks or dangers to the community. An alien’s participation in the program is voluntary and shall not confer any rights or benefits to the alien under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). Only aliens who are in expedited removal proceedings under section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) may participate in the program. Aliens who have established a credible fear of persecution and have been referred to the Executive Office for Immigration Review for an asylum hearing shall not be considered to be in expedited removal proceedings and the custody status of such aliens after service of a Notice to Appear shall be determined in accordance with the procedures governing aliens in removal proceedings under section 240 of such Act ( 8 U.S.C. 1229a ). Unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act (6 U.S.C. 279(g)(2))) shall be considered to be in the care and exclusive custody of the Department of Health and Human Services and shall not be subject to expedited removal and shall not be permitted to participate in the program. The designated groups referred to in paragraph
(1)are the following: Alien parents who are being detained with one or more of their children, and their detained children. Aliens who have serious medical or mental health needs. Aliens who are mentally retarded or autistic. Pregnant alien women. Elderly aliens who are over the age of 65. Aliens placed in expedited removal proceedings after being rescued from trafficking or criminal operations by Government authorities. Other groups designated in regulations promulgated by the Secretary. Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to implement the secure alternatives to detention program and to standardize the care and treatment of aliens in immigration custody based on the Detention Operations Manual of the Department of Homeland Security. The decisions of the Secretary regarding when to utilize the program and to what extent and the selection of aliens to participate in the program shall not be subject to administrative or judicial review. Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on the Judiciary of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on the Judiciary of the Senate a report that details all policies, regulations, and actions taken to comply with the provisions in this section, including maximizing detention capacity and increasing the cost-effectiveness of detention by implementing the secure alternatives to detention program, and a description of efforts taken to ensure that all aliens in expedited removal proceedings are residing under conditions that are safe, secure, and healthy. There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary to carry out this section. Amounts appropriated pursuant to this section shall remain available until expended.
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Sec. 622
Expansion and effective management of detention facilities
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