S.Amdt. 3560

1. 1

   Change 1: Replaces “500” with “1,500”

   ReplacesPage 6, line 18

   [struck: 500][inserted: 1,500]

   Original wording

   On page 6, line 18, strike “500” and insert “1,500”.

2. 2

   Change 2: Replaces “1000” with “2,000”

   ReplacesPage 7, line 2

   [struck: 1000][inserted: 2,000]

   Original wording

   On page 7, line 2, strike “1000” and insert “2,000”.

3. 3

   Change 3: Replaces “200” with “400”

   ReplacesPage 7, line 10

   [struck: 200][inserted: 400]

   Original wording

   On page 7, line 10, strike “200” and insert “400”.

4. 4

   Change 4: Rewrites page 8, lines 9–15

   Replaces

   Removes page 8, lines 9–15.

   Original wording

   On page 8, strike lines 9 through 15 and insert the following:

5. 5

   Change 5: Inserts new text wherever appropriate

   Inserts

   Inserted: (c) Detention and Removal Officers.--

   Inserted: (1) In general.--During each of the fiscal years 2007 through 2011, the Secretary shall, subject to the availability of appropriations for such purposes, designate a Detention and Removal officer to be placed in each Department field office whose sole responsibility will be to ensure safety and security at a detention facility and that each detention facility comply with the standards and regulations required by paragraphs (2), (3), and (4).

   Inserted: (2) 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: (3) 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 paragraph (2) shall--

   Inserted: (A) provide for sight and sound separation of alien detainees without any criminal convictions from criminal inmates and pretrial detainees facing criminal prosecution; and

   Inserted: (B) 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: (4) 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) Legal Personnel.--During each of fiscal years 2007 through 2011, the Secretary shall, subject to the availability of appropriations, increase the number of positions for attorneys in the Office of General Counsel of the Department by at least 200 to represent the Department in immigration matters for the fiscal year.

   Inserted: SEC. 102. DEPARTMENT OF JUSTICE PERSONNEL; DEFENSE ATTORNEYS.

   Inserted: (a) In General.--During each of fiscal years 2007 through 2011, the Attorney General shall, subject to the availability of appropriations, add--

   Inserted: (1) at least 50 positions for attorneys in the Office of Immigration Litigation of the Department of Justice for the fiscal year;

   Inserted: (2) at least 50 United States Attorneys to litigate immigration cases in the Federal courts for the fiscal year;

   Show 6 more inserted paragraphsShow less

   Inserted: (3) at least 200 Deputy United States Marshals to investigate criminal immigration matters for the fiscal year; and

   Inserted: (4) at least 50 immigration judges for the fiscal year.

   Inserted: (b) Defense Attorneys.--

   Inserted: (1) In general.--During each of fiscal years 2007 through 2011, the Director of the Administrative Office of the United States Courts shall, subject to the availability of appropriations, add at least 200 attorneys in the Federal Defenders Program for the fiscal year.

   Inserted: (2) Pro bono representation.--The Attorney General shall also take all necessary and reasonable steps to ensure that alien detainees receive appropriate pro bono representation in immigration matters.

   Inserted: (c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General for each of fiscal years 2007 through 2011 such sums as are necessary to carry out this section, including the costs of hiring necessary support staff.

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

6. 6

   Change 6: Adds SEC. 234. DETENTION POLICY wherever appropriate

   Adds a section

   Inserted: SEC. 234. DETENTION POLICY.

   Inserted: (a) Directorate of Policy.--The Secretary shall in consultation, with the Director of Policy of the Directorate of Policy, add at least 3 additional positions at the Directorate of Policy that--

   Inserted: (1) shall be a position at GS-15 of the General Schedule;

   Inserted: (2) are solely responsible for formulating and executing the policy and regulations pertaining to vulnerable detained populations including unaccompanied alien children, victims of torture, trafficking or other serious harms, the elderly, the mentally disabled, and the infirm; and

   Inserted: (3) require background and expertise working directly with such vulnerable populations.

   Inserted: (b) Enhanced Protections for Vulnerable Unaccompanied Alien Children.--

   Inserted: (1) Mandatory training.--The Secretary shall mandate the training of all personnel who come into contact with unaccompanied alien children in all relevant legal authorities, policies, and procedures pertaining to this vulnerable population in consultation with the head of the Office of Refugee Resettlement of the Department of Health and Human Services and independent child welfare experts.

   Inserted: (2) Delegation to the office of refugee resettlement.--Notwithstanding any other provision of law, the Secretary shall delegate the authority and responsibility granted to the Secretary by the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) for transporting unaccompanied alien children who will undergo removal proceedings from Department custody to the custody and care of the Office of Refugee Resettlement and provide sufficient reimbursement to the head of such Office to undertake this critical function. The Secretary shall immediately notify such Office of an unaccompanied alien child in the custody of the Department and ensure that the child is transferred to the custody of such Office as soon as practicable, but not later than 72 hours after the child is taken into the custody of the Department.

   Inserted: (3) Other policies and procedures.--The Secretary shall further adopt important policies and procedures--

   Inserted: (A) for reliable age-determinations of children which exclude the use of fallible forensic testing of children's bones and teeth in consultation with medical and child welfare experts;

   Inserted: (B) to ensure the privacy and confidentiality of unaccompanied alien children's records, including psychological and medical reports, so that the information is not used adversely against the child in removal proceedings or for any other immigration action; and

   Inserted: (C) in close consultation with the Secretary of State and the head of the Office of Refugee Resettlement, to ensure the safe and secure repatriation of unaccompanied alien children to their home countries including through arranging placements of children with their families or other sponsoring agencies and to utilize all legal authorities to defer the child's removal if the child faces a clear risk of life-threatening harm upon return.

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

7. 7

   Change 7: Replaces “2,000” with “4,000”

   ReplacesPage 228, line 18

   [struck: 2,000][inserted: 4,000]

   Original wording

   On page 228, line 18, strike “2,000” and insert “4,000”.

8. 8

   Change 8: Replaces “1,000” with “2,000”

   ReplacesPage 229, line 1

   [struck: 1,000][inserted: 2,000]

   Original wording

   On page 229, line 1, strike “1,000” and insert “2,000”.

Read automatically from the Congressional Record. Check the original before relying on it.

As printed