118 HR 6839 IH: Immigrant Detained Persons Legal Rights Act U.S. House of Representatives 2023-12-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 6839IN THE HOUSE OF REPRESENTATIVESDecember 15, 2023Mr. Foster (for himself, Mrs. Ramirez, Mr. Johnson of Georgia, and Ms. Norton) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo provide for improvements in the treatment of detained persons, and for other purposes.

1.

Short title

This Act may be cited as the Immigrant Detained Persons Legal Rights Act.

2.

Office of legal access programs

(a)

Establishment of office of legal access programs

The Attorney General shall establish and maintain, within the Executive Office for Immigration Review, an Office of Legal Access Programs to develop and administer a system of legal orientation programs to make immigration proceedings more efficient and cost-effective by educating noncitizens regarding administrative procedures and legal rights under United States immigration law and to establish other programs to assist in providing noncitizens access to legal information. The Attorney General shall submit a plan to Congress not later than 180 days after the enactment of this Act including a schedule to develop and deploy legal orientation programs for all detained persons not later than 1 year after the enactment of this Act. The Attorney General shall seek input from nongovernmental organizations and stakeholders in developing this plan. (b)

Legal orientation programs

The legal orientation programs— (1)shall provide programs to assist noncitizens in or released from custody in making informed and timely decisions regarding their removal and eligibility for relief from removal in order to increase efficiency and reduce costs in immigration proceedings and Federal custody processes and to improve access to counsel and other legal services; (2)shall ensure that programs and written notice of rights are available in English and the five most common native languages spoken by the detained persons held in custody at that location during the preceding fiscal year; (3)shall identify unaccompanied noncitizen children, noncitizens with a serious mental disability, and other particularly vulnerable noncitizens for consideration by the Attorney General pursuant to section 292(c) of the Immigration and Nationality Act, as added by section 3502(c); and (4)may provide services to noncitizens in immigration proceedings under sections 235, 238, 240, and 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1225, 1228, 1229a, and 1231(a)(5)) and to other noncitizens in immigration and asylum proceedings under sections 235, 238, and 240 of the Immigration and Nationality Act (8 U.S.C. 1225, 1228, and 1229a). (c)

Procedures

The Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures that ensure that legal orientation programs are available for all noncitizens in or released from custody within 5 days of arrival into custody and to inform such noncitizens of the basic procedures of immigration hearings, their rights relating to those hearings under the immigration laws, information that may deter such noncitizens from filing frivolous legal claims, and any other information deemed appropriate by the Attorney General, such as a contact list of potential legal resources and providers. (d)

Rule of construction

Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. (e)

Funding

There shall be appropriated such sums as may be necessary to carry out this section.