S.Amdt. 2409

1. Adds TITLE __--ASYLUM AND DETENTION SAFEGUARDS wherever appropriate

   Adds a title

   Inserted: TITLE __--ASYLUM AND DETENTION SAFEGUARDS

   Inserted: SEC. __01. SHORT TITLE.

   Inserted: This title may be cited as the "Secure and Safe Detention and Asylum Act".

   Inserted: SEC. __02. DEFINITIONS.

   Inserted: In this title:

   Inserted: (1) Credible fear of persecution.--The term "credible fear of persecution" has the meaning given that term in section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)).

   Inserted: (2) Detainee.--The term "detainee" means an alien in the custody of the Department of Homeland Security who is held in a detention facility.

   Inserted: (3) Detention facility.--The term "detention facility" means any Federal facility in which an alien detained pending the outcome of a removal proceeding, or an alien detained pending the execution of a final order of removal, is detained for more than 72 hours, or any other facility in which such detention services are provided to the Federal Government by contract, and does not include detention at any port of entry in the United States.

   Inserted: (4) Reasonable fear of persecution or torture.--The term "reasonable fear of persecution or torture" has the meaning given that term in section 208.31 of title 8, Code of Federal Regulations.

   Inserted: (5) Standard.--The term "standard" means any policy, procedure, or other requirement.

   Inserted: SEC. __03. RECORDING EXPEDITED REMOVAL INTERVIEWS.

   Inserted: (a) In General.--The Secretary shall establish quality assurance procedures and take steps to effectively ensure that questions by employees of the Department exercising expedited removal authority under section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a standard manner, and that both these questions and the answers provided in response to them are recorded in a uniform fashion.

   Show 142 more inserted paragraphsShow less

   Inserted: (b) Factors Relating to Sworn Statements.--Where practicable, as determined by the Secretary, in the Secretary's discretion, any sworn or signed written statement taken of an alien as part of the record of a proceeding under section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a recording of the interview which served as the basis for that sworn statement.

   Inserted: (c) Exemption Authority.--

   Inserted: (1) In general.--Subsection (b) shall not apply to interviews that occur at facilities, locations, or areas exempted by the Secretary pursuant to this subsection.

   Inserted: (2) Exemption.--The Secretary or the Secretary's designee may exempt any facility, location, or area from the requirements of this section based on a determination by the Secretary or the Secretary's designee that compliance with subsection (b) at that facility would impair operations or impose undue burdens or costs.

   Inserted: (3) Report.--The Secretary or the Secretary's designee shall report annually to Congress on the facilities that have been exempted pursuant to this subsection.

   Inserted: (d) Interpreters.--The Secretary shall ensure that a competent interpreter, not affiliated with the government of the country from which the alien may claim asylum, is used when the interviewing officer does not speak a language understood by the alien and there is no other Federal, State, or local government employee available who is able to interpret effectively, accurately, and impartially.

   Inserted: (e) Recordings in Immigration Proceedings.--Recordings of interviews of aliens subject to expedited removal shall be included in the record of proceeding and may be considered as evidence in any further proceedings involving the alien.

   Inserted: (f) No Private Right of Action.--Nothing in this section shall be construed to create any right, benefit, trust, or responsibility, whether substantive or procedural, enforceable in law or equity by a party against the United States, its departments, agencies, instrumentalities, entities, officers, employees, or agents, or any person, nor does this section create any right of review in any administrative, judicial, or other proceeding.

   Inserted: SEC. __04. OPTIONS REGARDING DETENTION DECISIONS.

   Inserted: Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended--

   Inserted: (1) in subsection (a)--

   Inserted: (A) in the matter preceding paragraph (1)--

   Inserted: (i) in the first sentence by striking "Attorney General" and inserting "Secretary of Homeland Security"; and

   Inserted: (ii) in the second sentence by striking "Attorney General" and inserting "Secretary";

   Inserted: (B) in paragraph (2)--

   Inserted: (i) in subparagraph (A)--

   Inserted: (I) by striking "Attorney General" and inserting "Secretary"; and

   Inserted: (II) by striking "or" at the end;

   Inserted: (ii) in subparagraph (B), by striking "but" at the end; and

   Inserted: (iii) by inserting after subparagraph (B) the following:

   Inserted: "(C) the alien's own recognizance; or

   Inserted: "(D) a secure alternatives program as provided for in this section; but";

   Inserted: (2) in subsection (b), by striking "Attorney General" and inserting "Secretary";

   Inserted: (3) in subsection (c)--

   Inserted: (A) by striking "Attorney General" and inserting "Secretary" each place it appears; and

   Inserted: (B) in paragraph (2), by inserting "or for humanitarian reasons," after "such an investigation,"; and

   Inserted: (4) in subsection (d)--

   Inserted: (A) in paragraph (1), by striking "Attorney General" and inserting "Secretary";

   Inserted: (B) in paragraph (1), in subparagraphs (A) and (B), by striking "Service" each place it appears and inserting "Department of Homeland Security"; and

   Inserted: (C) in paragraph (3), by striking "Service" and inserting "Secretary of Homeland Security".

   Inserted: SEC. __05. REPORT TO CONGRESS ON PAROLE PROCEDURES AND STANDARDIZATION OF PAROLE PROCEDURES.

   Inserted: (a) In General.--The Attorney General and the Secretary of Homeland Security shall jointly conduct a review and report to the appropriate Committees of the Senate and the House of Representatives within 180 days of the date of enactment of this Act regarding the effectiveness of parole and custody determination procedures applicable to aliens who have established a credible fear of persecution and are awaiting a final determination regarding their asylum claim by the immigration courts. The report shall include the following:

   Inserted: (1) An analysis of the rate at which release from detention (including release on parole) is granted to aliens who have established a credible fear of persecution and are awaiting a final determination regarding their asylum claim by the immigration courts throughout the United States, and any disparity that exists between locations or geographical areas, including explanation of the reasons for this disparity and what actions are being taken to have consistent and uniform application of the standards for granting parole.

   Inserted: (2) An analysis of the effect of the procedures and policies applied with respect to parole and custody determinations both by the Attorney General and the Secretary on the alien's pursuit of their asylum claim before an immigration court.

   Inserted: (3) An analysis of the effect of the procedures and policies applied with respect to parole and custody determinations both by the Attorney General and the Secretary on the alien's physical and psychological well-being.

   Inserted: (4) An analysis of the effectiveness of the procedures and policies applied with respect to parole and custody determinations both by the Attorney General and the Secretary in securing the alien's presence at the immigration court proceedings.

   Inserted: (b) Recommendations.--The report shall include recommendations with respect to whether the existing parole and custody determination procedures applicable to aliens who have established a credible fear of persecution and are awaiting a final determination regarding their asylum claim by the immigration courts should be modified in order to ensure a more consistent application of these procedures in a way that both respects the interests of aliens pursuing valid claims of asylum and ensures the presence of the aliens at the immigration court proceedings.

   Inserted: SEC. __06. LEGAL ORIENTATION PROGRAM.

   Inserted: (a) In General.--The Attorney General, in consultation with the Secretary of Homeland Security, shall ensure that all detained aliens in immigration and asylum proceedings receive legal orientation through a program administered and implemented by the Executive Office for Immigration Review of the Department of Justice.

   Inserted: (b) Content of Program.--The legal orientation program developed pursuant to this section shall be based on the Legal Orientation Program carried out by the Executive Office for Immigration Review on the date of the enactment of this Act.

   Inserted: (c) Expansion of Legal Assistance.--The Secretary shall ensure the expansion through the United States Citizenship and Immigration Service of public-private partnerships that facilitate pro bono counseling and legal assistance for aliens awaiting a credible fear of persecution interview or an interview related to a reasonable fear of persecution or torture determination under section 241(b)(3).

   Inserted: SEC. __07. CONDITIONS OF DETENTION.

   Inserted: (a) In General.--The Secretary shall ensure that standards governing conditions and procedures at detention facilities are fully implemented and enforced, and that all detention facilities comply with the standards.

   Inserted: (b) Procedures and Standards.--The Secretary shall promulgate new standards, or modify existing detention standards, to comply with the following policies and procedures:

   Inserted: (1) Fair and humane treatment.--Procedures to prevent detainees from being subject to degrading or inhumane treatment such as physical abuse, sexual abuse or harassment, or arbitrary punishment.

   Inserted: (2) Limitations on solitary confinement.--Procedures limiting the use of solitary confinement, shackling, and strip searches of detainees to situations where the use of such techniques is necessitated by security interests, the safety of officers and other detainees, or other extraordinary circumstances.

   Inserted: (3) Investigation of grievances.--Procedures for the prompt and effective investigation of grievances raised by detainees.

   Inserted: (4) Access to telephones.--Procedures permitting detainees sufficient access to telephones, and the ability to contact, free of charge, legal representatives, the immigration courts, the Board of Immigration Appeals, and the Federal courts through confidential toll-free numbers.

   Inserted: (5) Location of facilities.--Location of detention facilities, to the extent practicable, near sources of free or low-cost legal representation with expertise in asylum or immigration law.

   Inserted: (6) Procedures governing transfers of detainees.--Procedures governing the transfer of a detainee that take into account--

   Inserted: (A) the detainee's access to legal representatives; and

   Inserted: (B) the proximity of the facility to the venue of the asylum or removal proceeding.

   Inserted: (7) Quality of medical care.--

   Inserted: (A) In general.--Essential medical care provided promptly at no cost to the detainee, including dental care, eye care, mental health care, and where appropriate, individual and group counseling, medical dietary needs, and other medically necessary specialized care. Medical facilities in all detention facilities used by the Department maintain current accreditation by the National Commission on Correctional Health Care (NCCHC). Requirements that each medical facility that is not accredited by the Joint Commission on the Accreditation of Health Care Organizations (JCAHO) will seek to obtain such accreditation. Maintenance of complete medical records for every detainee which shall be made available upon request to a detainee, his legal representative, or other authorized individuals.

   Inserted: (B) Exception.--A detention facility that is not operated by the Department of Homeland Security or by a private contractor on behalf of the Department of Homeland Security shall not be required to maintain current accreditation by the NCCHC or to seek accreditation by the JCAHO.

   Inserted: (8) Translation capabilities.--The employment of detention facility staff that, to the extent practicable, are qualified in the languages represented in the population of detainees at a detention facility, and the provision of alternative translation services when necessary.

   Inserted: (9) Recreational programs and activities.--Frequent access to indoor and outdoor recreational programs and activities.

   Inserted: (c) Special Standards for Noncriminal Detainees.--The Secretary shall promulgate new standards, or modifications to existing standards, that--

   Inserted: (1) recognize the distinctions between persons with criminal convictions or a history of violent behavior and all other detainees; and

   Inserted: (2) ensure that procedures and conditions of detention are appropriate for a noncriminal, nonviolent population.

   Inserted: (d) Special Standards for Specific Populations.--The Secretary shall promulgate new standards, or modifications to existing standards, that--

   Inserted: (1) recognize the unique needs of--

   Inserted: (A) victims of persecution, torture, trafficking, and domestic violence;

   Inserted: (B) families with children;

   Inserted: (C) detainees who do not speak English; and

   Inserted: (D) detainees with special religious, cultural, or spiritual considerations; and

   Inserted: (2) ensure that procedures and conditions of detention are appropriate for the populations described in paragraph (1).

   Inserted: (e) Training of Personnel.--

   Inserted: (1) In general.--The Secretary shall ensure that personnel in detention facilities are given specialized training to better understand and work with the population of detainees held at the facilities where such personnel work. The training should address the unique needs of--

   Inserted: (A) aliens who have established credible fear of persecution;

   Inserted: (B) victims of torture or other trauma and victims of persecution, trafficking, and domestic violence; and

   Inserted: (C) families with children, detainees who do not speak English, and detainees with special religious, cultural, or spiritual considerations.

   Inserted: (2) Specialized training.--The training required by this subsection shall be designed to better enable personnel to work with detainees from different countries, and detainees who cannot speak English. The training shall emphasize that many detainees have no criminal records and are being held for civil violations.

   Inserted: (f) No Private Right of Action.--Nothing in this section shall be construed to create any right, benefit, trust, or responsibility, whether substantive or procedural, enforceable in law or equity by a party against the United States, its departments, agencies, instrumentalities, entities, officers, employees, or agents, or any person, nor does this section create any right of review in any administrative, judicial, or other proceeding.

   Inserted: SEC. __08. OFFICE OF DETENTION OVERSIGHT.

   Inserted: (a) Establishment of the Office.--

   Inserted: (1) In general.--There shall be established within the Department an Office of Detention Oversight (in this section referred to as the "Office").

   Inserted: (2) Head of the office.--There shall be at the head of the Office an Administrator. At the discretion of the Secretary, the Administrator of the Office shall be appointed by, and shall report to, either the Secretary or the Assistant Secretary of Homeland Security for United States Immigration and Customs Enforcement. The Office shall be independent of the Office of Detention and Removal Operations, but shall be subject to the supervision and direction of the Secretary or Assistant Secretary.

   Inserted: (3) Schedule.--The Office shall be established and the Administrator of the Office appointed not later than 6 months after the date of the enactment of this Act.

   Inserted: (b) Responsibilities of the Office.--

   Inserted: (1) Inspections of detention centers.--The Administrator of the Office shall--

   Inserted: (A) undertake regular and, where appropriate, unannounced inspections of all detention facilities;

   Inserted: (B) develop a procedure for any detainee or the detainee's representative to file a confidential written complaint directly with the Office; and

   Inserted: (C) report to the Secretary and to the Assistant Secretary all findings of a detention facility's noncompliance with detention standards.

   Inserted: (2) Investigations.--The Administrator of the Office shall--

   Inserted: (A) initiate investigations, as appropriate, into allegations of systemic problems at detention facilities or incidents that constitute serious violations of detention standards;

   Inserted: (B) conduct any review or audit relating to detention as directed by the Secretary or the Assistant Secretary;

   Inserted: (C) report to the Secretary and the Assistant Secretary the results of all investigations, reviews, or audits; and

   Inserted: (D) refer matters, where appropriate, for further action to--

   Inserted: (i) the Department of Justice;

   Inserted: (ii) the Office of the Inspector General of the Department;

   Inserted: (iii) the Office of Civil Rights and Civil Liberties of the Department; or

   Inserted: (iv) any other relevant office or agency.

   Inserted: (3) Report to congress.--

   Inserted: (A) In general.--The Administrator of the Office shall submit to the Secretary, the Assistant Secretary, the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives an annual report on the Administrator's findings on detention conditions and the results of the completed investigations carried out by the Administrator.

   Inserted: (B) Contents of report.--Each report required by subparagraph (A) shall include--

   Inserted: (i) a description of--

   Inserted: (I) each detention facility found to be in noncompliance with the standards for detention required by this title; and

   Inserted: (II) the actions taken by the Department to remedy any findings of noncompliance or other identified problems; and

   Inserted: (ii) information regarding whether such actions were successful and resulted in compliance with detention standards.

   Inserted: (c) Cooperation With Other Offices and Agencies.--Whenever appropriate, the Administrator of the Office shall cooperate and coordinate its activities with--

   Inserted: (1) the Office of the Inspector General of the Department;

   Inserted: (2) the Office of Civil Rights and Civil Liberties of the Department;

   Inserted: (3) the Privacy Officer of the Department;

   Inserted: (4) the Department of Justice; or

   Inserted: (5) any other relevant office or agency.

   Inserted: SEC. __09. SECURE ALTERNATIVES PROGRAM.

   Inserted: (a) Establishment of Program.--The Secretary shall establish a secure alternatives program under which an alien who has been detained may be released under enhanced supervision to prevent the alien from absconding and to ensure that the alien makes appearances related to such detention.

   Inserted: (b) Program Requirements.--

   Inserted: (1) Nationwide implementation.--The Secretary shall facilitate the development of the secure alternatives program on a nationwide basis, as a continuation of existing pilot programs such as the Intensive Supervision Appearance Program developed by the Department.

   Inserted: (2) Utilization of alternatives.--In facilitating the development of the secure alternatives program, the Secretary shall have discretion to utilize a continuum of alternatives to a supervision of the alien, including placement of the alien with an individual or organizational sponsor, or in a supervised group home.

   Inserted: (3) Aliens eligible for secure alternatives program.--

   Inserted: (A) In general.--Aliens who would otherwise be subject to detention based on a consideration of the release criteria in section 236(b)(2), or who are released pursuant to section 236(c)(2), shall be considered for the secure alternatives program.

   Inserted: (B) Design of programs.--In developing the secure alternatives program, the Secretary shall take into account the extent to which the program includes only those alternatives to detention that reasonably and reliably ensure--

   Inserted: (i) the alien's continued presence at all future immigration proceedings;

   Inserted: (ii) the alien's compliance with any future order or removal; and

   Inserted: (iii) the public safety or national security.

   Inserted: (C) Continued evaluation.--The Secretary shall evaluate regularly the effectiveness of the program, including the effectiveness of the particular alternatives to detention used under the program, and make such modifications as the Secretary deems necessary to improve the program's effectiveness or to deter abuse.

   Inserted: (4) Contracts and other considerations.--The Secretary may enter into contracts with qualified nongovernmental entities to implement the secure alternatives program and, in designing such program, shall consult with relevant experts and consider programs that have proven successful in the past.

   Inserted: SEC. __10. LESS RESTRICTIVE DETENTION FACILITIES.

   Inserted: (a) Construction.--To the extent practicable, the Secretary shall facilitate the construction or use of secure but less restrictive detention facilities for the purpose of long-term detention where detainees are held longer than 72 hours.

   Inserted: (b) Criteria.--In pursuing the development of detention facilities pursuant to this section, the Secretary shall--

   Inserted: (1) consider the design, operation, and conditions of existing secure but less restrictive detention facilities; and

   Inserted: (2) to the extent practicable, construct or use detention facilities where--

   Inserted: (A) movement within and between indoor and outdoor areas of the facility is subject to minimal restrictions;

   Inserted: (B) detainees have ready access to social, psychological, and medical services;

   Inserted: (C) detainees with special needs, including those who have experienced trauma or torture, have ready access to services and treatment addressing their needs;

   Inserted: (D) detainees have frequent access to programs and recreation;

   Inserted: (E) detainees are permitted contact visits with legal representatives and family members; and

   Inserted: (F) special facilities are provided to families with children.

   Inserted: (c) Facilities for Families With Children.--In any case in which release or secure alternatives programs are not a practicable option, the Secretary shall, to the extent practicable, ensure that special detention facilities for the purposes of long-term detention where detainees are held longer than 72 hours are specifically designed to house parents with their minor children, including ensuring that--

   Inserted: (1) procedures and conditions of detention are appropriate for families with minor children; and

   Inserted: (2) living and sleeping quarters for children under 14 years of age are not physically separated from at least 1 of the child's parents.

   Inserted: (d) Placement in Nonpunitive Facilities.--Among the factors to be considered with respect to placing a detainee in a less restrictive facility is whether the detainee is--

   Inserted: (1) part of a family with minor children;

   Inserted: (2) a victim of persecution, torture, trafficking, or domestic violence; or

   Inserted: (3) a nonviolent, noncriminal detainee.

   Inserted: (e) Procedures and Standards.--Where necessary, the Secretary shall promulgate new standards, or modify existing detention standards, to promote the development of less restrictive detention facilities.

   Inserted: (f) No Private Right of Action.--Nothing in this section shall be construed to create any right, benefit, trust, or responsibility, whether substantive or procedural, enforceable in law or equity by a party against the United States, its departments, agencies, instrumentalities, entities, officers, employees, or agents, or any person, nor does this section create any right of review in any administrative, judicial, or other proceeding.

   Inserted: SEC. __11. AUTHORIZATION OF APPROPRIATIONS; EFFECTIVE DATE.

   Inserted: (a) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this title.

   Inserted: (b) Effective Date.--This title and the amendments made by this title shall take effect on the date that is 180 days after the date of the enactment of this Act.

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

   Original wording

   At the appropriate place, insert the following:

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

As printed