S.Amdt. 3527Senate119th Congress (2025-2027)
S.Amdt. 3527
Sponsored by
Sen. Elizabeth Warren (D-MA)
Submitted August 1, 2025
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Senate amendment submitted
August 1, 2025
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Submitted
SA 3527. Ms. WARREN submitted an amendment intended to be proposed by her to the bill S. 2296, to authorize appropriations for fiscal year 2026 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle E of title III, add the following: SEC. 350. LIMITATION ON USE OF INSTALLATIONS OF DEPARTMENT OF DEFENSE TO HOLD ALIENS. (a) In General.--The Secretary of a military department may not undertake an operation under which an installation of the Department of Defense under the jurisdiction of the Secretary is made available for holding aliens, regardless of the authority under which the aliens are to be held, unless the Secretary, not later than seven days after commencing the operation-- (1) certifies to the Committees on Armed Services of the Senate and the House of Representatives that the operation does not undermine the budget, readiness, or morale of the Department of Defense; (2) provides a detailed explanation supporting the certification under paragraph (1), including an explanation of why the installation is involved in the operation; and (3) makes the certification under paragraph (1) and the explanation under paragraph (2) available to the public. (b) Requirements for Holding Aliens.--For any installation of the Department of Defense at which aliens are held at any location, the Secretary of Defense shall-- (1) maintain a record locator system, with updates every 24 hours, listing the location where each alien is being held, the date on which the alien was taken into custody, and the age and gender of the alien; (2) ensure detention standards applicable to facilities of U.S. Immigration and Customs Enforcement are upheld at the installation, regardless of whether the installation is operated by a contractor, including by having the same or greater access to visitation and phone calls by legal representatives, legal assistants, and family; (3) arrange inspections, not less frequently than monthly, conducted by the Office of Inspector General of the Department of Defense or another independent watchdog under which the Inspector General, or other independent watchdog, may physically access any portion of the installation where aliens are held, interview aliens, and access official records regarding the aliens; and (4) train all personnel of the Department of Defense stationed at the installation on-- (A) the Standing Rules for the Use of Force; (B) restrictions on activities of such personnel related to engagement in civilian law enforcement activities; and (C) any other restrictions on interactions with aliens held at the installation. (c) Recourse.--Any individual or State harmed by a violation of this section may bring an action in an appropriate district court of the United States to obtain appropriate injunctive relief. (d) Alien Defined.--In this section, the term ``alien'' has the meaning given that term in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). ______