Sec. 219.
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/bill/117/hr/4431/rh/section-219·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 30 days after the date of enactment of this Act, the Secretary of Homeland Security shall approve a segmented risk classification assessment process, developed by U.S. Immigration and Customs Enforcement that includes a determination as to whether a detained individual is— a flight risk; a public safety threat; or a national security threat. The process described in subsection
(a)shall be developed only with the review of, and concurrence by, the Officer for Civil Rights and Civil Liberties and the Immigration Detention Ombudsman. Following approval of the assessment process in subsection (a), U.S. Immigration and Customs Enforcement shall conduct a risk classification for each detained individual held in custody for at least 14 days, to be completed within 20 days of such individual being taken into custody, and make an individualized, documented custody determination that shall include the option to release such individual from custody, notwithstanding section 236(c) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c) ). Determinations based on the assessment process described in subsection
(a)shall be recorded and reviewed on a monthly basis by the Office of the Immigration Detention Ombudsman. In the case of an individual who self-identifies as transgender— the custody determination described in subsection
(c)shall be completed within 10 days of such individual being taken into custody; such person shall only be detained in a facility that is 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 person 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 of U.S. Immigration and Customs Enforcement 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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