Sec. 403. General short-term custody standards in Customs and Border Protection facilities
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Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the head of the Office of Civil Rights and Civil Liberties of the Department of Homeland Security, in consultation with the Commissioner of U.S. Customs and Border Protection, shall establish short-term custody standards providing for basic minimum standards of care, intake procedures, and capacity guidelines at all U.S. Customs and Border Protection facilities holding individuals in the agency’s custody, including the following:
U.S. Border Patrol stations. Ports of entry. Checkpoints. Forward operating bases. Secondary inspection areas. Short-term custody facilities. All U.S. Customs and Border Protection and subcontracted or cooperating entity personnel shall undergo mandatory training on all standards established in accordance with subsection (a), shall ensure that detention space capacity will not be exceeded except in emergency circumstances, and shall ensure that all individuals in agency custody receive the following:
Potable water and a snack, and, if detained for more than five hours, a nutritious meal with regular meals and snacks, thereafter. Medically appropriate meals and snacks for pregnant women and individuals with identifiable medical needs. Adequate bathroom and shower facilities, as well as basic toiletries and hygiene items, including soap, a toothbrush, toilet paper, and other items appropriate for the age and gender identification of such individuals, including diapers and feminine hygiene products.
A cot, clean linens, and blankets, if detained for more than five hours. Adequate lighting and climate control that achieves a reasonable indoor temperature. Adequate protection from the elements, including sun shades, for outside holding areas. A physical and mental health screening conducted promptly upon arrival in a manner that complies with the requirements for such screenings specified in the National Commission for Correctional Health Care Jails Standards, as well as information about the availability of, and access to, health care services that is communicated in a form and language such individuals are known to understand.
Immediate physical and mental health needs addressed by a qualified health care professional as soon as possible. Prompt notice of the ability to make telephone calls and the procedures therefore. Prompt notice of phone numbers to file a complaint with the Office of the Inspector General of the Department and the Office for Civil Rights and Civil Liberties of the Department. A reasonable accommodation for religious practices. Applicable protections under the Prison Rape Elimination Act of 2003 ( 42 U.S.C. 15601 et seq.;
Public Law 108–79 ). Safe transport, including prevention of sexual assault during transfer, including in subcontracted transportation services, while such individuals are transported from a U.S. Customs and Border Protection facility. The Commissioner of U.S. Customs and Border Protection shall ensure that all individuals in agency custody— have regular access to consular officials and legal service providers through confidential in-person visits or telephonic communications; receive copies of all signed documents; and are transferred, together with records, including medical screening records, to an appropriate U.S.
Immigration and Customs Enforcement or Department of Health and Human Services Office of Refugee Resettlement facility or are safely released from short-term custody within 72 hours of apprehension. The Commissioner of U.S. Customs and Border Protection shall ensure constant surveillance of an individual in agency custody who exhibits signs of hostility, depression, or similar behaviors, or who is reasonably known to pose an elevated suicide risk. The Commissioner of U.S. Customs and Border Protection shall ensure that individuals in agency custody for more than 24 hours receive, in addition to the physical and mental health screening specified in subsection (b)(7), a physical and mental health assessment by a qualified healthcare professional.
To the extent practicable, such individuals with known or readily apparent disabilities, including temporary disabilities, shall be housed in a manner that accommodates their mental or physical condition, or both, and provides for the safety, comfort, and security of such individuals. Any lawful, nonperishable belongings of an individual in U.S. Customs and Border Protection custody that are confiscated by personnel operating under Federal authority shall be returned to such individual prior to the release or repatriation of such individual.
Short-term custody facilities shall be inspected at least once every year by the Office of the Inspector General of the Department of Homeland Security, with the results made public without the need to submit a request under section 552 of title 5, United States Code. The Secretary of Homeland Security shall seek input from nongovernmental organizations regarding their independent opinion of specific U.S. Customs and Border Protection facilities and permit regular access to such facilities by nongovernmental organizations for human rights monitoring.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to— establish a publicly accessible online system allowing any person with the alien number of an individual to track the location of that individual in U.S. Customs and Border Protection custody held in short-term custody, and provide an online list of all locations with phone numbers routinely used to hold individuals in short-term custody; improve the education of individuals in U.S.
Customs and Border Protection custody regarding administrative procedures and legal rights under United States immigration law, in consultation with the Executive Office for Immigration Review; and ensure notification to Congress and the Office of the Inspector General and the Office for Civil Rights and Civil Liberties of the Department of Homeland Security within 48 hours of each instance in which— an individual in U.S. Customs and Border Protection custody has died, including during transfer to another facility or while being released; or an individual has died as the result of an encounter with U.S.
Customs and Border Protection. Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit to Congress a report that details all instances in which an individual in U.S. Customs and Border Protection custody has died in the prior fiscal year, including during transfer to another facility or while being released, as well as all instances in which an individual has died as the result of an encounter with U.S.
Customs and Border Protection, and the result of any subsequent investigation. Such reports shall also detail all instances in which an individual, including an individual in the custody of U.S. Customs and Border Protection, has suffered serious injuries requiring hospitalization as a result of the use of force by U.S. Customs and Border Protection.
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- Pub. L. 108-79
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Sec. 403
General short-term custody standards in Customs and Border Protection facilities
Pub. L.Pub. L. 108-79
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