Sec. 205. Alternatives to detention
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Insert new section 890B in the Homeland Security Act: The Secretary shall establish programs to provide alternatives to detention under the immigration laws. The programs under paragraph
(1)shall be available to an alien regardless of whether— a decision on a charge of removability with respect to the alien is pending; or the alien is subject to an order of removal. The programs under paragraph
(1)shall provide for a continuum of supervision mechanisms and options, including community-based supervision and community support. The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). Not later than 7 days after the date of the enactment of this section, the Secretary shall fully restore the U.S. Immigration and Customs Enforcement Family Case Management Program as the program existed on January 21, 2016, which shall— provide community supervision and community support services, including case management services, appearance services, and screening of aliens who have been detained; and be carried out through a contract with a nongovernmental organization that has demonstrated expertise in providing such supervision and support services. Except as provided in paragraph
(3)and subject to paragraph (2), not later than 72 hours after taking an individual into custody under the immigration laws, the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge shall make an individualized determination with respect to— whether the individual may participate in an alternatives to detention program, including the Family Case Management Program described in subsection (b); and the appropriate level of supervision. There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is— taken into the physical custody of the Department of Homeland Security; and a member of a vulnerable population, a parent of a child under 18 years of age, a dependent caregiver, or a family caregiver. The presumption described in subparagraph
(A)shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or the public. Alternatives to detention programs shall not be available to any individual— detained under section 236A of the Immigration and Nationality Act ( 8 U.S.C. 1226a ); or for whom release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety. Not later than one year after the Restoration of the Family Case Management Program pursuant to subsection (b), and annually thereafter, the Coordinator shall submit to Congress a report that includes— guidance and requirements for referral and placement decisions in alternatives to detention programs; information on enrollment in alternatives to detention programs, disaggregated by field office; information on the population enrolled in alternatives to detention programs, disaggregated by type of alternative to detention program and point of apprehension and, to the extent possible, reflecting participation by migrant families and unaccompanied alien children. In this section: The term dependent caregiver means an individual who lives with, and provides more than ½ of the financial support required by, a family member who is— under 18 years of age; or unable to engage in substantial employment due to a physical or mental health condition or disability. The term executive departments has the meaning given the term in section 101 of title 5, United States Code. The term family caregiver means an individual who lives with, and provides more than ½ of the personal care required by, a family member who is— under 18 years of age; or unable to engage in substantial employment due to a physical or mental health condition or disability. The term family member , with respect to an individual receiving personal care services or financial support, means an individual who is— a parent or legal guardian; a spouse; a child; a step-family member; an immediate family member, to include adult siblings; or an extended family member, to include aunts, uncles, adult cousins, and grandparents. The term immigration laws has the meaning given the term in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) ). The term legal guardian means a legal guardian under State law or the law of a foreign country. The term member of a vulnerable population means an individual who— is an asylum seeker or is otherwise seeking lawful status; is a victim of torture or trafficking; has special religious, cultural, or spiritual considerations; is pregnant or nursing; is under 21 years of age; is older than 60 years of age; identifies as gay, lesbian, bisexual, transgender, or intersex; is a victim or witness of a crime; has a mental disorder or physical disability; or is experiencing severe trauma or is a survivor of torture or gender-based violence, as determined by an immigration judge or the Secretary based on information obtained— by the attorney or legal services provider of the individual during intake; or through credible reporting by the individual. The term parent means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country. The term Secretary means the Secretary of Homeland Security. Nothing in this section may be construed to supersede or modify— the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 et seq.); the Stipulated Settlement Agreement filed in the United States District Court for the Central District of California on January 17, 1997 (CV 85–4544–RJK) (commonly known as the Flores Settlement Agreement ); the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq.); any applicable Federal child welfare law, including the Adoption and Safe Families Act of 1997 ( Public Law 105–89 ); and any applicable State child welfare laws. . The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 890B the following new item: Sec. 890B. Alternatives to detention program.
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- Pub. L. 105-89
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Sec. 205
Alternatives to detention
Pub. L.Pub. L. 105-89
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