Sec. 3. Alternatives to detention under the immigration laws
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The Secretary shall establish programs to provide alternatives to detention under the immigration laws. The programs required under paragraph
(1)shall be available to an alien regardless of whether— a decision on a charge of removability with respect to the alien is pending; or the alien is subject to an order of removal. The programs required under paragraph
(1)shall provide for a continuum of supervision mechanisms and options, including community-based supervision and community support. The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). Not later than 7 days after the date of the enactment of this Act, the Secretary shall fully restore the U.S. Immigration and Customs Enforcement Family Case Management Program, as constituted on January 21, 2016, which shall— provide community supervision and community support services, including case management services, appearance services, and screening of aliens who have been detained; and be carried out through a contract with a nongovernmental organization that has demonstrated expertise in providing such supervision and support services. Subject to paragraphs
(2)and (3), not later than 72 hours after taking an individual into custody under the immigration laws, the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge shall make an individualized determination with respect to— whether the individual may participate in an alternatives to detention program, including the Family Case Management Program described in subsection (b); and the appropriate level of supervision for such individual. There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is— taken into the physical custody of the Department of Homeland Security; and a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. The presumption described in subparagraph
(A)shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. Alternatives to detention programs shall not be available to any individual— who is detained pursuant to section 236A of the Immigration and Nationality Act ( 8 U.S.C. 1226a ); or for whom release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety. Not later than 30 days after the date of the enactment of this Act, the Secretary shall— establish within the Department of Homeland Security the position of Coordinator of Alternatives to Detention (referred to in this subsection as the Coordinator ), who shall report directly to the Secretary; and appoint the Coordinator. The Secretary shall make available to the Coordinator such personnel, funds, and other resources as may be appropriate to enable the Coordinator to carry out the mission described in paragraph (3)(A). The mission of the Coordinator shall be to coordinate, in collaboration with the executive departments, the use of alternatives to detention programs. The Coordinator shall— serve as the primary point of contact within the executive branch for Congress, State and local governments, the private sector, and community leaders with respect to the alternatives to detention programs; and in coordination with the executive departments, with respect to Congress, State and local governments, the private sector, and community leaders, manage information flow about, requests for actions relating to, and discussions on, such programs. Not later than 30 days after the date on which the Coordinator is appointed, and every 30 days thereafter, the Coordinator shall submit a report to Congress that includes, for the reporting period— the number of individuals detained under the immigration laws— pending a decision on whether the individual is to be removed; and after the issuance of a removal order; an assessment whether any individual described in item
(aa)is subject to the special rule under subsection (c)(2)(B); and the number of individuals participating in an alternatives to detention program established under subsection (a), disaggregated by the level of supervision of such individuals. Not later than 1 year after the date on which the Coordinator is appointed, and annually thereafter, the Coordinator shall submit a report to Congress that includes— guidance and requirements for referral and placement decisions in alternatives to detention programs; information on enrollment in alternatives to detention programs, disaggregated by field office; information on the length of enrollment in alternatives to detention programs, disaggregated by type of alternative to detention program; and information on the population enrolled in alternatives to detention programs, disaggregated by type of alternative to detention program and point of apprehension. The heads of the executive departments shall— respond promptly to any request by the Coordinator; consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). The Comptroller General of the United States shall— conduct a study on the use and effectiveness of the alternatives to detention programs established pursuant to subsection (a); and not later than 2 years after the date of the enactment of this Act, submit a report to Congress that contains the results of the study conducted pursuant to paragraph (1).
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Sec. 3
Alternatives to detention under the immigration laws
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