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Code · BILL · 117th Congress · S. 4678 (Introduced in Senate) — Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2023, and for... · Sec. 219

Sec. 219.

194 words·~1 min read·/bill/117/s/4678/is/section-219·

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Not later than 60 days after the date of enactment of this Act, the Director shall ensure that all persons who come into the custody of U.S. Immigration and Customs Enforcement, undergo an individualized assessment examining the necessity of continued detention within 30 days of coming into such custody: , That for the purpose of such assessment, adjudicating officers shall consider a continuum of custody options, which may include a combination of legal or physical custody options, including, but not limited to, release on recognizance or supervision, conditions on release, release, and alternatives to detention programs, and shall consider whether the person represents a specific danger to the public or a serious risk of flight:
Provided , That after full consideration as described above, and notwithstanding any other provision of law, adjudicating officers shall select the least restrictive form of custody: Provided further , That for the purposes of this section, custody shall mean either legal or physical custody of the person that is a restraint on liberty not shared by the public generally, including conditions on release, restrictions on liberty, reporting requirements, and other methods, but does not necessarily mean detention.
Provided further
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