Sec. 204. Reports on protections from unlawful detention
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/bill/116/s/2396/is/section-204A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that describes the impact of worksite and fugitive operations on citizens of the United States, lawful permanent residents, and individuals otherwise lawfully present in the United States. Each report submitted under subsection
(a)shall include an assessment of— the number of individuals detained during worksite or nonworksite operations who are children, United States citizens, or adult lawful permanent residents; immigration-related enforcement activity at homes, schools, places of worship, medical care facilities, victim services agencies, social services agencies, and community centers; arrests, detentions, and removals of individuals who are— sole caregivers; primary earners of income in a family; pregnant or nursing mothers; or members of other vulnerable groups subject to immigration-related enforcement activity; transfers of immigrants during the course of a raid or immigration-enforcement activity, including— whether the immigrants had access to legal counsel before being transferred; whether the immigrants received notice of an impending transfer; and whether the immigrants, if primary or sole caregivers, were given an opportunity to make care arrangements for their children; U.S. Immigration and Customs Enforcement protocol for humanitarian screening during a worksite enforcement action; the compliance with such protocol; and the nature of any related protocol in smaller worksite or nonworksite actions; collateral arrests under the National Fugitive Operations Program and worksite enforcement initiatives; whether individuals detained in an immigration-related enforcement activity are notified of their right to counsel; whether U.S. Immigration and Customs Enforcement agents or any law enforcement agents— use excessive force in executing warrants, arrests, detentions, or other immigration-related enforcement activities; enter private homes or residences without a search warrant or consent; use ruses to conceal their identity during enforcement activities; or display and use weapons during immigration-related enforcement activity or interrogations; the extent to which U.S. Immigration and Customs Enforcement cooperates and coordinates with State and local law enforcement during immigration-related enforcement activity; whether U.S. Immigration and Customs Enforcement agents or other law enforcement agents identify themselves when entering a location for enforcement purposes; the conditions under which individuals are confined and whether detainees are provided access to a telephone; the number of children left behind when a parent or parents are detained; whether detainees are notified of their rights in a language they can understand; whether individuals detained during an immigration-related enforcement activity are forced or coerced to sign any documents or waive any rights without consulting with an attorney; the procedures used by the Department or law enforcement agency— to notify agents about humanitarian standards regarding enforcement actions; and hold agents accountable when they violate such standards; the per detainee cost of each raid involving more than 50 detainees; the number of U.S. Immigration and Customs Enforcement agents disciplined for violations in detention proceedings; and recommendations for improving worksite operations and fugitive operations. There is authorized to be appropriated such sums as may be necessary to carry out this section.