Sec. 203. Basic protections for vulnerable populations
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Not later than 72 hours after the commencement of an immigration-related enforcement activity, the Department shall screen each detainee to determine whether the detainee is a member of a vulnerable population. Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ), as amended by this Act, is further amended— in subsection (a)— in the matter preceding paragraph (1), by striking
(c)and inserting
(g); in paragraph (2)— in subparagraph (A), by striking or at the end; in subparagraph (B), by striking but and inserting or ; and by adding at the end the following: the individual’s own recognizance; ; by redesignating paragraph
(3)as paragraph (4); and by inserting after paragraph
(2)the following: may enroll the alien in an alternatives program; but ; and by inserting after subsection
(a)the following: If an alien is not subject to mandatory detention under subsection
(g)or section 236A, the criteria that the Secretary or the Attorney General shall use to demonstrate that detention of the alien is necessary are the following: Whether the alien poses a risk to public safety, including a risk to national security. Whether— the alien poses a risk of flight; and there are no conditions of release that will reasonably ensure that the alien will appear for immigration proceedings, including bond or other conditions of release that reduce the risk of flight. The requirements described in paragraph
(1)shall not apply if the Secretary of Homeland Security demonstrates by substantial evidence that the alien is subject to detention under subsection (g). Not later than 72 hours after an individual is detained under this section (unless the 72-hour requirement is waived in writing by the individual), an individual who is a member of a vulnerable population (as defined in section 3 of the Protecting the Rights of Families and Immigrants Who Legally Entered From Detention Act ) shall be released from the custody of the Department of Homeland Security and shall not be subject to electronic monitoring unless the Department demonstrates by a preponderance of the evidence that the individual— is subject to mandatory custody or mandatory detention under subsection
(g)or section 236A; poses a risk to the national security of the United States; or is a flight risk and the risk cannot be mitigated through supervision or placement in an alternative program. An individual shall be released from custody under this subsection— on the individual’s own recognizance; by posting a minimum bond under subsection (a)(2)(a); or on parole in accordance with section 212(d)(5)(A). All detention decisions under this section shall— be made in writing by an official of the Department of Homeland Security; specify the reasons for the decision, if the decision is made to continue the detention without bond or parole; and be served upon the detainee, in the language spoken by the alien, not later than 72 hours after— the commencement of the detention; or a positive determination of credible fear of persecution or reasonable fear of persecution or torture, if the detainee is subject to section 235 or 241(a)(5). Any alien detained by the Department of Homeland Security, at any time after being served with the decision described in paragraph (1)(A), may request a redetermination of such decision by an immigration judge. All custody decisions by the Secretary of Homeland Security shall be subject to redetermination by an immigration judge. Nothing in this paragraph may be construed to prevent a detainee from requesting a bond redetermination. The Secretary of Homeland Security shall establish secure alternatives programs to ensure public safety and appearances at immigration proceedings. The Secretary shall contract with nongovernmental organizations to conduct screening of detainees, provide appearance assistance services, and operate community-based supervision programs. When deciding whether to use secure alternatives, the Secretary shall make an individualized determination and review each case on a monthly basis. If an individual is not eligible for release from custody, the Secretary shall consider the alien for placement in secure alternatives that maintain custody over the alien, including the use of electronic ankle devices. The Secretary may use secure alternatives programs to maintain custody over any alien detained under this Act except for aliens detained under section 236A. In this section, the term secure alternatives program means any custodial or noncustodial program under which an individual is screened and provided with appearance assistance services or placed in supervision programs, as needed, to ensure that the individual appears at all immigration interviews, appointments, and removal or deportation hearings. .
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Sec. 203
Basic protections for vulnerable populations
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