Sec. 219.
219 words·~1 min read·
/bill/116/hr/7669/rh/section-219·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding section 236(c) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c) ), no Federal funds may be used by the Department of Homeland Security to detain an individual for more than 20 days unless such individual is determined by the Director of U.S. Immigration and Customs Enforcement, following an individualized assessment, to pose a threat to public safety or to be a flight risk. In the case of an individual who self-identifies as transgender— the assessment described in subsection
(a)shall require the concurrence of the Immigration Detention Ombudsman; and the maximum period of detention described in subsection
(a)may not exceed 5 days. Notwithstanding subsections
(a)and (b), no Federal funds may be obligated to detain an individual who self-identifies as transgender in any facility that is not contractually obligated to meet, at a minimum, the requirements described in Attachment 1 of the June 19, 2015, U.S. Immigration and Customs Enforcement memorandum entitled, “Further Guidance Regarding the Care of Transgender Individuals” unless such individual declines placement in such a facility after being informed of the opportunity to do so. Not later than 30 days after the date of enactment of this Act, the Director shall provide the Committees on Appropriations of the Senate and the House of Representatives the defined metrics used to make such assessments.
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