Sec. 3. Notice to appear; own recognizance release protocol
336 words·~2 min read·
/bill/116/hr/4599/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The release of an alien that the Commissioner of U.S. Customs and Border Protection determines to release on that alien’s own recognizance and the issuance of a notice to appear to that alien shall be governed by a standard protocol, which the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall develop not later than 30 days after the date of enactment of this Act. The protocol shall include requirements for, to the greatest extent practicable and without delaying releases— coordination with local nongovernmental organizations and units of local government on a release date and time; the provision of a pre-release notice to nongovernmental organizations and units of local government not less than 8 hours before release; releasing individuals in locations with robust nongovernmental organization networks, as determined by the Commissioner of U.S.
Customs and Border Protection, in consultation with the Chief Patrol Agent of the respective U.S. Border Patrol sector, provided that other appropriate factors such as proximity and reasonable distribution of released individuals are also considered; releasing individuals at facilities operated by nongovernmental organizations or units of local government; the provision to organizations or units of local government to which individuals were released of documentation describing the date of the release, the number of individuals released, and other relevant information; ensuring that individuals are released with any valid documentation with which they entered the United States; and ensuring that notices to appear contain complete and accurate information, including— a clear date and time for an immigration court hearing; requirements needed to travel to the individuals’ stated destination; and contact information, including an address to which individuals can receive notices regarding updates to immigration proceedings.
Not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall implement the standard protocol developed under subsection (a). There is authorized to be appropriated such sums as may be necessary to carry out this section.