S.Amdt. 3414
What it does: Adds SEC. 234. DETENTION STANDARDS on page 171, between lines 17 and 18
Sen. Bill Nelson (D-FL)What it changes
1 change to S. 2454
Adds SEC. 234. DETENTION STANDARDS on page 171, between lines 17 and 18
Adds a sectionPrinted pageInserted: SEC. 234. DETENTION STANDARDS.
Inserted: (a) Codification of Detention Operations.--In order to ensure uniformity in the safety and security of all facilities used or contracted by the Secretary to hold alien detainees and to ensure the fair treatment and access to counsel of all alien detainees, not later than 180 days after the date of the enactment of this Act, the Secretary shall issue the provisions of the Detention Operations Manual of the Department, including all amendments made to such Manual since it was issued in 2000, as regulations for the Department. Such regulations shall be subject to the notice and comment requirements of subchapter II of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act) and shall apply to all facilities used by the Secretary to hold detainees for more than 72 hours.
Inserted: (b) Detention Standards for Nuclear Family Units and Certain Non-Criminal Aliens.--For all facilities used or contracted by the Secretary to hold aliens, the regulations described in subsection (a) shall--
Inserted: (1) provide for sight and sound separation of alien detainees without any criminal convictions from criminal inmates and pretrial detainees facing criminal prosecution; and
Inserted: (2) establish specific standards for detaining nuclear family units together and for detaining non-criminal applicants for asylum, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, in civilian facilities cognizant of their special needs.
Inserted: (c) Legal Orientation to Ensure Effective Removal Process.--All alien detainees shall receive legal orientation presentations from an independent non-profit agency as implemented by the Executive Office for Immigration Review of the Department of Justice in order to both maximize the efficiency and effectiveness of removal proceedings and to reduce detention costs.
Inserted: (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.
Original wording
On page 171, between lines 17 and 18, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3414. Mr. NELSON of Florida submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows:
On page 171, between lines 17 and 18, insert the following:
SEC. 234. DETENTION STANDARDS.
(a) Codification of Detention Operations.--In order to ensure uniformity in the safety and security of all facilities used or contracted by the Secretary to hold alien detainees and to ensure the fair treatment and access to counsel of all alien detainees, not later than 180 days after the date of the enactment of this Act, the Secretary shall issue the provisions of the Detention Operations Manual of the Department, including all amendments made to such Manual since it was issued in 2000, as regulations for the Department. Such regulations shall be subject to the notice and comment requirements of subchapter II of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act) and shall apply to all facilities used by the Secretary to hold detainees for more than 72 hours.
(b) Detention Standards for Nuclear Family Units and Certain Non-Criminal Aliens.--For all facilities used or contracted by the Secretary to hold aliens, the regulations described in subsection (a) shall--
(1) provide for sight and sound separation of alien detainees without any criminal convictions from criminal inmates and pretrial detainees facing criminal prosecution; and
(2) establish specific standards for detaining nuclear family units together and for detaining non-criminal applicants for asylum, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, in civilian facilities cognizant of their special needs.
(c) Legal Orientation to Ensure Effective Removal Process.--All alien detainees shall receive legal orientation presentations from an independent non-profit agency as implemented by the Executive Office for Immigration Review of the Department of Justice in order to both maximize the efficiency and effectiveness of removal proceedings and to reduce detention costs.
(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.
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Senate amendment submitted
April 5, 2006