Sec. 8. Termination of detention bed quota
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The matter under the heading under the heading salaries and expenses under title II of the Department of Homeland Security Appropriations Act, 2016 (division F of United States Immigration and Customs Enforcement Public Law 114–113 ; 129 Stat. 2497) is amended by striking . Provided further , That funding made available under this heading shall maintain a level of not less than 34,000 detention beds through September 30, 2016: Notwithstanding any other provision of law, the number of detention beds maintained by U.S.
Immigration and Customs Enforcement shall be determined by the Secretary of Homeland Security and shall be based solely on detention needs. The Secretary of Homeland Security shall establish nationwide alternatives to detention programs that incorporate case management services in each field office of the Department of Homeland Security to ensure appearances at immigration proceedings and public safety. The Secretary may contract with nongovernmental community-based organizations— to conduct screening of detainees; to operate community-based supervision programs; and to implement secure alternatives that allow U.S.
Immigration and Customs Enforcement to maintain custody over the alien. The Secretary shall regularly assess the demand for alternative to detention programs and make available sufficient alternative to detention slots regardless of proximity to available detention beds. Alternative programs shall offer a continuum of supervision mechanisms and options, including community support, depending on an assessment of each individual’s circumstances. Information regarding the amount of slots available in each area shall be made public.
In determining whether to use alternatives to detention programs, the Secretary shall make an individualized determination, and for each individual placed in an alternatives to detention program, shall review the level of supervision on a monthly basis. Alternatives to detention programs shall not be used when release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety. Detention shall not be used when alternatives to detention programs are determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety.
The Secretary may use alternatives to detention programs 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 ). If an individual is not eligible for release from custody or detention, the Secretary shall consider the alien for placement in alternative programs that maintain custody over the alien. In this paragraph, the term vulnerable population includes, but is not limited to, asylum seekers, victims of torture or trafficking, families with minor children, pregnant women, nursing mothers, individuals who are gay, lesbian, bisexual, or transgender, individuals with a mental or physical disability, and individuals who are older than 65 years of age.
In determining whether to place a detainee in an alternatives to detention program, the Secretary shall consider whether the detainee is a member of a vulnerable population. Notwithstanding section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ), a member of a vulnerable population whose needs cannot be adequately met by a detention facility may not be held in a detention facility unless the Secretary determines such placement is in the interest of national security.
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- 129 Stat. 2497
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Sec. 8
Termination of detention bed quota
Stat.129 Stat. 2497
Cites 4Cited by 0 across 0 sources