Sec. 7. Secure alternatives
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The Secretary, in consultation with nongovernmental organizations, shall establish a continuum of alternatives to detention and case management services (referred to in this section as secure alternatives ), including screening of detainees, appearance assistance services, and community-based supervision programs, in each Enforcement and Removal Operations field office operated by U.S. Immigration and Customs Enforcement to ensure appearances by aliens at immigration proceedings.
The Secretary may contract with nongovernmental community-based organizations to meet the requirements under subsection (a). The Secretary may not use secure alternatives when release on reasonable bond or recognizance is determined to be a sufficient measure to ensure an alien’s appearance at immigration proceedings and protect public safety. In determining whether to use secure alternatives, the Secretary— shall make an individualized determination about the level of monitoring necessary to ensure an alien’s appearance at immigration proceedings and protect public safety; shall review the level of supervision on a frequent basis and adjust as appropriate; and shall limit the use of restrictive electronic monitoring devices, such as ankle bracelets to cases in which there is a demonstrated need for such enhanced monitoring.
Secure alternatives under this section shall include— individualized case management by an assigned case supervisor; and referral to community-based providers of legal and social services. The Secretary may use secure alternatives to maintain custody over any alien detained under the Immigration and Nationality Act, except for aliens detained under section 236A of such Act ( 8 U.S.C. 1226a ). 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 or reasonable 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 makes an individualized determination supported 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 and in writing, in a language the alien claims to understand. .
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