[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3594 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3594

 To protect United States citizens from unlawful arrest and detention.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 25 (legislative day, September 17), 2008

  Mr. Menendez (for himself and Mr. Kennedy) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To protect United States citizens from unlawful arrest and detention.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Citizens and Residents from 
Unlawful Raids and Detention Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Since 2006, the Department of Homeland Security and 
        partnering law enforcement agents have amplified enforcement 
        actions at the workplace, on the street, and inside the homes 
        of individuals.
            (2) A large majority of the children affected by such 
        enforcement actions are United States citizens and the youngest 
        and most vulnerable in our society, including infants, 
        toddlers, and preschoolers.
            (3) In the workplace, thousands of hardworking lawful 
        permanent residents, United States citizens, and immigrants 
        have been questioned, handcuffed, and detained without adequate 
        protections to safeguard their constitutional rights.
            (4) In several recent immigration raids and immigration 
        enforcement activities, officials at United States Immigration 
        and Customs Enforcement have unlawfully detained United States 
        citizens and lawful permanent residents.
            (5) Mistaken identities, bureaucratic mix-ups, and 
        discriminatory attitudes further contribute to improper 
        immigration actions taken against United States citizens, 
        lawful permanent residents, and other persons with legal 
        immigration status.
            (6) The United States should not be a place where citizens 
        and lawful permanent residents are unlawfully detained or 
        mistreated by government agents.
            (7) No person in America should be subject to government 
        actions that overstep basic protections or constitutional 
        rights.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Detention.--The term ``detention'', in the context of 
        an immigration-related enforcement activity, means government 
        custody or any significant deprivation of an individual's 
        freedom of action by government agents.
            (2) Detention facility.--The term ``detention facility'' 
        means any Federal, State, or local government facility, or 
        facility which provides services under government contract that 
        is used to hold immigration detainees for more than 72 hours.
            (3) Immigration-related enforcement activity.--The term 
        ``immigration-related enforcement activity'' means any 
        government action in which--
                    (A) an individual suspected of an immigration 
                violation is detained for such violation; or
                    (B) an individual who has been detained on criminal 
                charges is questioned about possible immigration 
                violations.
            (4) Vulnerable populations.--The term ``vulnerable 
        populations'' means classes of aliens or other individuals who 
        have special needs requiring special treatment and 
        consideration because of past abuse, harm, or other physical or 
        mental characteristics that place the individual at special 
        risk of harm.

SEC. 4. PROTECTIONS AGAINST UNLAWFUL DETENTIONS OF UNITED STATES 
              CITIZENS AND LAWFUL PERMANENT RESIDENTS.

    (a) Notifications.--
            (1) In general.--An officer of United States Immigration 
        and Customs Enforcement or other government law enforcement 
        officer may not question an individual who has been detained on 
        the basis of a suspected immigration violation or has been 
        detained during an immigration-related enforcement activity, 
        unless the officer has advised the individual, in the language 
        spoken by the individual--
                    (A) of the right to be represented at no expense to 
                the Federal Government;
                    (B) that he or she may choose to remain silent; and
                    (C) that any statement may be used against him or 
                her in a subsequent proceeding.
            (2) Effect of violation.--Any statement obtained by the 
        government from an individual in violation of the requirements 
        set forth in subparagraphs (A) through (C) of paragraph (1) 
        shall not be admissible in the Federal Government's case-in-
        chief in any removal proceeding against the individual.
    (b) Access to Counsel.--
            (1) In general.--An individual who is detained during an 
        immigration-related enforcement activity may be represented by 
        legal counsel at any time at no expense to the Federal 
        Government.
            (2) List of free legal services.--The examining officer 
        shall--
                    (A) at the time of detention of an individual for 
                an immigration-related violation, provide the 
                individual with a list of available free or low-cost 
                legal services provided by organizations and attorneys 
                that are located in the district where the arrest is 
                taking place; and
                    (B) certify on the notice to appear issued to such 
                individual that such a list was provided to the 
                individual.
            (3) Amendment.--Section 236 of the Immigration and 
        Nationality Act (8 U.S.C. 1226) is amended--
                    (A) by redesignating subsection (e) as subsection 
                (h);
                    (B) by redesignating subsections (b), (c), and (d) 
                as subsections (c), (d), and (e), respectively; and
                    (C) by inserting before subsection (h), as 
                redesignated, the following:
    ``(g) Right to Access Counsel.--An individual who has been detained 
under this section may be represented, at no expense to the Federal 
Government, by counsel of the individual's choosing while being subject 
to any immigration-related enforcement activity, including--
            ``(1) interviews;
            ``(2) processing appointments;
            ``(3) hearings; and
            ``(4) any procedure which may result in a conclusion that 
        the individual will be detained or removed from the United 
        States.''.
    (c) Notice.--
            (1) Amendment.--Section 236 of the Immigration and 
        Nationality Act, as amended by subsection (b)(3), is further 
        amended by inserting before subsection (g) the following:
    ``(f) Notice and Charges.--
            ``(1) Notice.--The Secretary of Homeland Security shall, 
        for each individual detained under this section--
                    ``(A) file a notice to appear or other relevant 
                charging document with the closest immigration court to 
                where the individual was apprehended; and
                    ``(B) serve such notice on the individual not later 
                than 48 hours after the commencement of the 
                individual's detention.
            ``(2) Custody determination.--Any individual who is 
        detained under this section for more than 48 hours shall be 
        brought before an immigration judge for a custody determination 
        not later than 72 hours after the commencement of such 
        detention unless the individual waives such right in accordance 
        with paragraph (3).
            ``(3) Waiver.--The requirements under this subsection may 
        be waived for 7 days if the individual--
                    ``(A) enters into a written agreement with the 
                Department of Homeland Security to waive such 
                requirement; and
                    ``(B) is eligible for immigration benefits or 
                demonstrates eligibility for a defense against 
                removal.''.
            (2) Applicability of other law.--Nothing in 236(f) of the 
        Immigration and Nationality Act, as added by paragraph (1), may 
        be construed to repeal section 236A of such Act (8 U.S.C. 
        1226a).
    (d) Issuance of Detainers.--
            (1) Limitation.--An official of the Department of Homeland 
        Security may not issue a detainer unless the official--
                    (A) has confirmed that the individual who is the 
                subject of such detainer is not a United States 
                citizen; and
                    (B) notes the information collected regarding the 
                individual's alienage on the detainer.
            (2) Rulemaking.--The Secretary of Homeland Security shall 
        issue regulations requiring officials of the Department of 
        Homeland Security to confirm an individual's alienage before 
        issuing a detainer by confirming the name, date of birth, 
        fingerprints, or other identifying information of the 
        individual.
    (e) Access to Telephones.--Not later than 6 hours after the 
commencement of a detention of an individual during an immigration-
related enforcement activity, an official of the Department of Homeland 
Security shall provide such individual with free access to a telephone 
to make a telephone call.
    (f) Protection of Community Institutions.--
            (1) In general.--The Secretary of Homeland Security shall 
        issue regulations requiring officials of the Department of 
        Homeland Security to--
                    (A) avoid the apprehension of persons on the 
                premises or in the immediate vicinity of day care 
                centers, schools, legal service providers, courts, 
                funeral homes, cemeteries, colleges, victim services 
                agencies, social service agencies, hospitals, health 
                care clinics, and places of worship; and
                    (B) tightly control investigative operations at the 
                places described in subparagraph (A).
            (2) Notice to appear.--The Secretary of Homeland Security 
        shall amend the Notice to Appear form to include a statement 
        that no immigration enforcement activity was undertaken in any 
        of the community institutions described in paragraph (1)(A).
    (g) Transfer of Detainees.--
            (1) Procedures.--In adopting procedures governing the 
        transfer of individuals detained under section 236 of the 
        Immigration and Nationality Act (8 U.S.C. 1226), the Secretary 
        of Homeland Security shall promulgate regulations requiring 
        officials of the Department of Homeland Security to give 
        substantial weight to--
                    (A) the detainee's access to legal representation;
                    (B) the detainee's residence prior to apprehension;
                    (C) the location of family members;
                    (D) the stage of any legal proceeding involving the 
                detainee;
                    (E) the proximity of the transferee facility to the 
                venue of such proceeding;
                    (F) the detainee's health and medical fitness; and
                    (G) whether the detainee has a pending application 
                with United States Citizenship and Immigration Services 
                or the Executive Office for Immigration Review or has 
                appeared for a merits calendar hearing.
            (2) Notice.--Unless exigent circumstances dictate an 
        immediate transfer, the Secretary of Homeland Security--
                    (A) shall provide not less than 72 hours notice to 
                any detainee before transferring the detainee to 
                another detention facility; and
                    (B) shall not transfer any detainee who has already 
                requested, and is awaiting, a bond hearing.
            (3) Other requirements.--
                    (A) In general.--Except as provided under paragraph 
                (B), the Secretary may not transfer a detainee who has 
                an existing attorney-client relationship to another 
                facility if such transfer would--
                            (i) impair the existing attorney-client 
                        relationship; or
                            (ii) prejudice the rights of the detainee 
                        in any legal proceeding.
                    (B) Exception.--The Secretary may transfer a 
                detainee who has an existing attorney-client 
                relationship to an alternate detention facility if such 
                transfer is necessitated by a highly unusual emergency, 
                such as a natural disaster or comparable emergency.
                    (C) Protecting detainees legal rights.--If the 
                Secretary determines that a transfer is necessary due 
                to a highly unusual emergency, the Secretary shall 
                ensure that the detainee's legal rights are not 
                prejudiced and the existing attorney client 
                relationship is not impaired, including evaluating the 
                location of the detention facility based on it 
                proximity to the detainee's counsel or organizations 
                providing free immigration legal services.
                    (D) Record.--In cases in which a detainee is 
                transferred, the Secretary shall make a record of the 
                reasons and circumstances necessitating such transfer.
    (h) Training.--The Secretary of Homeland Security shall provide all 
officers of the Department and State and local officers involved in 
immigration enforcement activities with guidelines and periodic 
training regarding immigration law, due process protections, and 
humanitarian guidelines under current law, including--
            (1) the right to access immigration legal counsel; and
            (2) the appropriate treatment of vulnerable populations 
        during immigration-related enforcement activities.

SEC. 5. SAFEGUARDS DURING ENFORCEMENT OPERATIONS.

    In any immigration-related enforcement activity that is expected to 
target more than 50 individuals, the Secretary of Homeland Security 
shall--
            (1) screen each individual detained in an immigration-
        related enforcement activity to determine if such individual is 
        a United States citizen, a lawful permanent resident of the 
        United States, or an alien lawfully present in the United 
        States;
            (2) if an individual claims to be a United States citizen, 
        a lawful permanent resident of the United States, or an alien 
        lawfully present in the United States, ensure that the officer 
        of the Department of Homeland Security investigates the 
        individual's claims and considers the individual for release 
        under section 7(a);
            (3) notify State and local child welfare authorities of 
        such immigration-related enforcement activity not later than 24 
        hours before the commencement of such activity;
            (4) provide social workers or case managers employed or 
        contracted by a State or local social service agency with 
        confidential access to individuals detained by the Department--
                    (A) to screen and interview such individuals for 
                humanitarian concerns; and
                    (B) to offer psychosocial and mental health 
                services to children and family members of such 
                individuals;
            (5) permit State and local social service providers to 
        determine whether nongovernmental organizations may participate 
        in screening individuals detained by the Department for 
        humanitarian purposes;
            (6) ensure that qualified medical personnel--
                    (A) conduct medical screenings of the individuals 
                subject to the immigration-related enforcement 
                activity; and
                    (B) identify and report any medical or other issues 
                that might necessitate humanitarian release or 
                emergency assistance;
            (7) before transferring any individual detained by the 
        Department outside the district in which the arrest took place, 
        determine, based on all information available to the Department 
        and the recommendations made by State and local social service 
        agencies--
                    (A) if the individual is described in section 7(a); 
                and
                    (B) if the individual should be released;
            (8) provide and advertise a toll-free number through which 
        family members of the target population of the immigration-
        related enforcement activity may obtain information about their 
        detained family members, in English and the majority language 
        of such detainees;
            (9) determine whether an individual subject to detention--
                    (A) is a primary caretaker of a child in the United 
                States; and
                    (B) should be released under the provisions set 
                forth in section 236(b) of the Immigration and 
                Nationality Act, as added by section 7(b);
            (10) ensure that agents of the Department do not--
                    (A) interrogate individuals in the immediate 
                presence of children; or
                    (B) interrogate, arrest, or detain any child 
                without the presence or consent of a parent, legal 
                guardian, or legal counsel;
            (11) ensure that not fewer than one independent certified 
        interpreter who is fluent in Spanish or any language other than 
        English spoken by more than 5 percent of the target population 
        of the operation for in-person translation is available for 
        every 5 individuals targeted by an immigration-related law 
        enforcement activity;
            (12) permit local nonprofit legal service providers, 
        organizations, and attorneys to offer free legal services to 
        individuals subject to an immigration-related enforcement 
        activity at the time of the arrest or detention of such 
        individual; and
            (13) provide a legal orientation presentation for any 
        individual detained through an immigration-related enforcement 
        activity through the Legal Orientation Program administered by 
        the Executive Office for Immigration Review.

SEC. 6. CONDUCT IN ENFORCEMENT ACTIONS.

    Section 274A(e) of the Immigration and Nationality Act (8 U.S.C. 
1324a(e)) is amended by adding at the end the following:
            ``(10) Conduct in enforcement actions.--
                    ``(A) Coordination with the department of labor or 
                other relevant agencies in an enforcement action.--
                During an enforcement action undertaken by the 
                Department of Homeland Security in which the Department 
                receives information of a pending labor dispute or 
                information in retaliation against employees for 
                exercising their employment rights, the Secretary shall 
                ensure that--
                            ``(i) any aliens who are arrested or 
                        detained, and are necessary for the prosecution 
                        of any labor or employment law violations, are 
                        not removed from the United States until the 
                        appropriate law enforcement agency that has 
                        jurisdiction over such violations has been 
                        given an opportunity to interview such aliens; 
                        and
                            ``(ii) no aliens entitled to a stay of 
                        removal under this section are removed.
                    ``(B) Interviews.--Any arrangements for aliens to 
                be held or interviewed shall be made in consultation 
                with the relevant labor and employment law enforcement 
                agencies.
                    ``(C) Stay of removal.--
                            ``(i) In general.--An alien against whom 
                        removal proceedings have been initiated 
                        pursuant to chapter 4 of title II, and who has 
                        filed a workplace claim or is a material 
                        witness in any pending or anticipated 
                        proceeding involving a workplace claim, shall 
                        be entitled to a stay of removal and an 
                        employment authorized endorsement unless the 
                        Department establishes, by a preponderance of 
                        the evidence in proceedings before the 
                        immigration judge presiding over that alien's 
                        removal hearing, that--
                                    ``(I) the Department initiated the 
                                alien's removal proceeding for wholly 
                                independent reasons and not in any 
                                respect based on, or as a result of, 
                                any information provided to or obtained 
                                by the Department from the alien's 
                                employer, from any outside source, 
                                including any anonymous source, or as a 
                                result of the filing or prosecution of 
                                the workplace claim; and
                                    ``(II) the workplace claim was 
                                filed in a bad faith with the intent to 
                                delay or avoid the alien's removal.
                            ``(ii) Duration.--Any stay of removal or 
                        work authorization issued pursuant to 
                        subsection (i) shall remain valid and in effect 
                        during the pendency of the proceedings 
                        concerning the workplace claim described in 
                        clause (i). The Secretary of Homeland Security 
                        shall extend such relief for a period of not 
                        longer than 3 additional years upon determining 
                        that--
                                    ``(I) such relief would enable the 
                                alien asserting the workplace claim to 
                                be made whole;
                                    ``(II) the deterrent goals of any 
                                statute underlying the workplace claim 
                                would thereby be served; or
                                    ``(III) such extension would 
                                otherwise further the interests of 
                                justice.
                            ``(iii) Definitions.--In this section--
                                    ``(I) the term `material witness' 
                                means an individual who presents a 
                                declaration from an attorney 
                                prosecuting or defending the workplace 
                                claim, or from the presiding officer 
                                overseeing the workplace claim, 
                                attesting that, to the best of the 
                                declarant's knowledge and belief, 
                                reasonable cause exists to believe that 
                                the testimony of the individual will be 
                                crucial to the outcome of the workplace 
                                claim; and
                                    ``(II) the term `workplace claim' 
                                includes any claim, charge, complaint, 
                                or grievance filed with, or submitted 
                                to, the employer, a Federal or State 
                                agency or court, or an arbitrator, to 
                                challenge an employer's alleged civil 
                                or criminal violation of any legal or 
                                administrative rule or requirement 
                                affecting the terms or conditions of 
                                its workers' employment, the treatment 
                                of workers, or the hiring or firing of 
                                its workers.''.

SEC. 7. BASIC PROTECTIONS FOR VULNERABLE POPULATIONS.

    (a) Protection of Vulnerable Populations.--
            (1) In general.--Not later than 72 hours after the 
        commencement of an immigration-related enforcement activity, 
        the Department of Homeland Security shall screen each detainee 
        to determine if they belong to any of the groups listed in 
        paragraph (2).
            (2) Vulnerable population groups.--An individual is 
        eligible for release under paragraph (3) if the individual 
        belongs to any of the following groups:
                    (A) Individuals who have serious medical or mental 
                health needs or a disability.
                    (B) Pregnant or nursing women.
                    (C) Individuals who are being detained with 1 or 
                more of their children, and their detained children.
                    (D) Individuals who provide financial, physical, 
                and other direct support to their minor children, 
                parents, or other dependents.
                    (E) Individuals who are over 65 years of age.
                    (F) Children under 18 years of age.
                    (G) Victims of abuse, violence, crime, or human 
                trafficking.
                    (H) Individuals who have been referred for a 
                credible fear interview, a reasonable fear interview, 
                or an asylum hearing.
                    (I) Individuals who have applied or intend to apply 
                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.
                    (J) Any other group designated in regulations or 
                guidance promulgated by the Secretary of Homeland 
                Security.
                    (K) Individuals who have a non-frivolous claim to 
                United States citizenship.
                    (L) Individuals who are eligible for relief under 
                any provision of the Immigration and Nationality Act (8 
                U.S.C. 1101 et seq.).
            (3) Eligibility for release.--An individual shall be 
        released on parole or a reasonable bond, subject to the 
        requirements under section 236(b) of the Immigration and 
        Nationality Act, as amended by subsection (b), if the 
        individual--
                    (A) belongs to a group described in paragraph (2); 
                and
                    (B) meets the criteria set forth under such section 
                236(b).
    (b) Options Regarding Detention Decisions for Vulnerable 
Populations.--Section 236 of the Immigration and Nationality Act, as 
amended by this Act, is further amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1) by 
                striking ``(c)'' and inserting ``(d)''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (B), by striking 
                        ``but'' and inserting ``or''; and
                            (iii) by inserting after subparagraph (B) 
                        the following:
                    ``(C) the individual's own recognizance; and'';
            (2) by inserting after subsection (a) the following:
    ``(b) Custody Decisions for Vulnerable Populations.--
            ``(1) In general.--Not later than 72 hours after an 
        individual is detained under this section, the individual shall 
        be released from the custody of the Department of Homeland 
        Security and shall not be subject to electronic monitoring if 
        the Department demonstrates that the individual--
                    ``(A) is not subject to mandatory detention under 
                section 235(b)(1)(B)(iii)(IV), 236(c), or 236A;
                    ``(B) does not pose a flight risk, a risk to 
                others, or a risk to the national security of the 
                United States; and
                    ``(C) is a member of a vulnerable population (as 
                defined in section 7(a)(2) of the Protect Citizens and 
                Residents from Unlawful Raids and Detention Act.
            ``(2) Release.--An individual shall be released under this 
        subsection--
                    ``(A) on the individual's own recognizance;
                    ``(B) by posting a minimum bond under subsection 
                (a)(2)(a); or
                    ``(C) on parole in accordance with section 
                212(d)(5)(A).
            ``(3) Decision to remove or release an alien.--
                    ``(A) In general.--Any decision under paragraph 
                (1)--
                            ``(i) shall be made in writing;
                            ``(ii) if the decision is made to continue 
                        detention without bond or parole, shall specify 
                        the reasons for such decision; and
                            ``(iii) shall be served upon the individual 
                        in the language spoken by the individual--
                                    ``(I) not later than 72 hours after 
                                the commencement of the alien's 
                                detention; or
                                    ``(II) in the case of an alien 
                                subject to section 235 or 241(a)(5) who 
                                must establish a credible fear of 
                                persecution or torture in order to 
                                proceed to immigration court, not later 
                                than 72 hours after a positive credible 
                                fear of persecution or reasonable fear 
                                of persecution or torture 
                                determination.
                    ``(B) Redetermination.--
                            ``(i) In general.--Any alien detained under 
                        this section, including any alien eligible for 
                        a removal hearing under section 240, may, at 
                        any time after being served with the 
                        Secretary's decision under subparagraph (A), 
                        request a redetermination of that decision by 
                        an immigration judge.
                            ``(ii) Other decisions.--All custody 
                        decisions by the Secretary shall be subject to 
                        redetermination by an immigration judge.
                            ``(iii) Savings provision.--Nothing in this 
                        subparagraph may be construed to prevent an 
                        individual from requesting a bond 
                        redetermination.''; and
            (3) in subsection (d)(2), as redesignated in paragraph (2), 
        by inserting ``or for humanitarian reasons,'' after ``such an 
        investigation,''.

SEC. 8. DETENTION SAFEGUARDS FOR CITIZENS, NATIONALS, RESIDENTS AND 
              IMMIGRANTS.

    (a) Alternative Custody Programs.--
            (1) In general.--The Secretary of Homeland Security shall 
        ensure that United States citizens, lawful permanent residents, 
        and other individuals are not unlawfully detained by 
        establishing secure alternative custody programs, which--
                    (A) shall use a continuum of methods to ensure 
                individuals attend all immigration court proceedings; 
                and
                    (B) may be used for individuals who would otherwise 
                be subject to detention under section 236 of the 
                Immigration and Nationality Act (8 U.S.C. 1226).
            (2) Consideration.--If an individual belongs to one of the 
        vulnerable population groups described in section 7(a)(2), but 
        does not meet the requirements for parole, release, or bond 
        under section 236(a) of the Immigration and Nationality Act, 
        the Secretary shall consider the individual for placement in a 
        secure alternative custody program.
            (3) Individualized determination.--The Secretary shall 
        determine, on an individual basis, whether an individual 
        described in paragraph (2) should be subject to less 
        restrictive forms of custodial detention, including electronic 
        monitoring by ankle bracelets and similar devices.
            (4) Alternative to detention programs.--
                    (A) Contracting.--The Secretary shall contract with 
                nongovernmental organizations to create alternative to 
                detention programs, which shall--
                            (i) conduct screening of detainees;
                            (ii) provide noncustodial appearance 
                        assistance services; or
                            (iii) operate group homes or other 
                        community-based alternatives to detention 
                        programs.
                    (B) Legal orientation.--The Attorney General shall 
                contract with nongovernmental organizations to conduct 
                legal orientation services.
    (b) Detention Advisory Committee.--
            (1) Establishment.--To ensure that all individuals being 
        detained by the Department of Homeland Security are treated 
        humanely, the Secretary of Homeland Security shall establish a 
        detention advisory committee, which shall review and revise the 
        guidelines in the Detention Operations Manual used by United 
        States Immigration and Customs Enforcement based on--
                    (A) identifiable deficiencies in the Detention 
                Operations Manual; and
                    (B) practices that treat individuals safely and 
                humanely.
            (2) Composition.--The detention advisory committee shall be 
        comprised of experts from the United States Government and an 
        equal number of independent experts from nongovernmental 
        organizations and intergovernmental organizations with 
        expertise in working on behalf of detainees, immigrants, and 
        vulnerable populations.
            (3) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the detention advisory committee shall 
        submit a report to the Secretary that describes the results of 
        the review and revisions carried out pursuant to paragraph (1).
    (c) Rulemaking.--Not later than the earlier of 1 year after the 
Secretary of Homeland Security receives the report under subsection 
(b)(2) or 1 year after such report is due, the Secretary shall 
promulgate regulations governing the humane treatment of individuals in 
the custody of the Department of Homeland Security based on the 
information contained in such report.

SEC. 9. REPORT ON PROTECTIONS FOR UNITED STATES CITIZENS, NATIONALS, 
              AND LAWFUL PERMANENT RESIDENTS FROM UNLAWFUL DETENTION.

    (a) Requirement for Reports.--Not later than 1 year after the date 
of the enactment of this Act, and annually thereafter, the Secretary of 
Homeland Security shall submit a report to Congress that describes the 
impact of worksite operations and fugitive operations on United States 
citizens, lawful permanent residents, and individuals otherwise 
lawfully present in the United States.
    (b) Content.--The report submitted under subsection (a) shall 
include an assessment of--
            (1) the number of individuals detained during worksite or 
        nonworksite operations who are children, United States 
        citizens, or adult lawful permanent residents;
            (2) immigration-related arrests at homes, schools, places 
        of worship, medical care facilities, victim services agencies, 
        social services agencies, and community centers;
            (3) arrests, detentions, and removals of sole caregivers, 
        primary breadwinners, pregnant and nursing mothers, and other 
        vulnerable groups during an immigration-related enforcement 
        activity;
            (4) transfers of immigrants during the course of a raid or 
        immigration enforcement activity, including--
                    (A) whether the immigrants had access to legal 
                counsel before being transferred; and
                    (B) whether the immigrant received notice of an 
                impending transfer;
            (5)(A) United States Immigration and Customs Enforcement 
        (ICE) protocol for humanitarian screening during a worksite 
        enforcement action;
            (B) the compliance with such protocol; and
            (C) the nature of any related protocol in smaller worksite 
        or nonworksite actions;
            (6) collateral arrests under the National Fugitive 
        Operations Program and worksite enforcement initiatives;
            (7) whether individuals detained in an immigration-related 
        enforcement activity are notified about their right to counsel;
            (8) whether ICE uses excessive force in executing warrants, 
        arrests, detentions, or other immigration enforcement 
        activities;
            (9) whether ICE enters private homes or residences without 
        a search warrant or consent;
            (10) whether ICE displays and uses weapons during 
        immigration enforcement activities or interrogations;
            (11) the extent to which ICE cooperates and coordinates 
        with State and local law enforcement during immigration 
        enforcement activities;
            (12) whether ICE agents identify themselves when entering a 
        location for enforcement purposes;
            (13) the conditions under which individuals are confined;
            (14) whether confined individuals are provided access to a 
        telephone;
            (15) whether confined individuals are notified of their 
        rights in a language they can understand;
            (16) whether individuals detained during a raid or 
        immigration enforcement activity are forced or coerced to sign 
        any documents or waive any rights without consulting with an 
        attorney;
            (17) the methodology of the Department of Homeland Security 
        for notifying agents about humanitarian standards regarding 
        enforcement actions and holding them accountable when such 
        standards are violated;
            (18) an analysis of how much each raid of more than 50 
        people costs per individual detained;
            (19) the number of ICE agents disciplined for violations in 
        detention proceedings; and
            (20) recommendations for improving worksite operations and 
        fugitive operations.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 10. IMMIGRATION AND CUSTOMS ENFORCEMENT OMBUDSMAN.

    (a) Establishment.--Subtitle D of title III of the Homeland 
Security Act of 2002 (6 U.S.C. 251 et seq.) is amended by adding at the 
end the following:

``SEC. 447. IMMIGRATION AND CUSTOMS ENFORCEMENT OMBUDSMAN.

    ``(a) In General.--Within the Department, there shall be a position 
of Immigration and Customs Enforcement Ombudsman (in this section 
referred to as the `Ombudsman'). The Ombudsman shall report directly to 
the Assistant Secretary for Immigration and Customs Enforcement 
(referred to in this section as the `Assistant Secretary') and shall 
have a background in immigration law.
    ``(b) Functions.--It shall be the function of the Ombudsman--
            ``(1) to undertake regular and unannounced inspections of 
        detention facilities to determine the facilities' compliance 
        with relevant policies, procedures, standards, laws, and 
        regulations;
            ``(2) to report all findings of a detention facility's 
        compliance or noncompliance to the Secretary and the Assistant 
        Secretary;
            ``(3) to develop procedures for detainees or their 
        representatives to submit confidential written complaints 
        directly to the Ombudsman;
            ``(4) to investigate and resolve all complaints, including 
        confidential and anonymous complaints, related to decisions, 
        recommendations, acts, or omissions made by the Assistant 
        Secretary or the Commissioner of United States Customs and 
        Border Protection in the course of custody and detention 
        operations;
            ``(5) to initiate investigations into allegations of 
        systemic problems at detention facilities;
            ``(6) to conduct any review or audit relating to detention, 
        as directed by the Secretary or Assistant Secretary;
            ``(7) to refer matters where appropriate to the Office of 
        Inspector General of the Department of Justice, the Office of 
        Civil Rights and Civil Liberties of the Department, or any 
        other relevant office or agency;
            ``(8) to propose changes in the policies or practices of 
        United States Immigration and Customs Enforcement to improve 
        the treatment of United States citizens and residents, 
        immigrants, detainees, and others encountered during 
        immigration-related enforcement operations;
            ``(9) to establish a public advisory group consisting of 
        nongovernmental organization representatives, and Federal, 
        State, and local government officials with expertise in 
        detention and vulnerable populations to provide the Ombudsman 
        with private sector input on--
                    ``(A) the priorities of the Ombudsman; and
                    ``(B) current practices of United States 
                Immigration and Customs Enforcement; and
            ``(10) to recommend personnel action based on any finding 
        of noncompliance to be considered by the Assistant Secretary.
    ``(c) Annual Report.--
            ``(1) Objectives.--Not later than June 30 of each calendar 
        year, the Ombudsman shall submit a report to the Committee on 
        the Judiciary of the Senate and the Committee on the Judiciary 
        of the House of Representatives on the objectives of the Office 
        of the Ombudsman for the fiscal year beginning in such calendar 
        year.
            ``(2) Contents.--Each report submitted under paragraph (1) 
        shall include--
                    ``(A) full and substantive analysis of the 
                objectives of the Office;
                    ``(B) statistical information regarding such 
                objectives;
                    ``(C) a description of each detention facility 
                found to be in noncompliance with the Department's 
                detention standards or other applicable regulations;
                    ``(D) a description of the actions taken by the 
                Department to remedy any findings of noncompliance or 
                other identified problems;
                    ``(E) information regarding whether the actions 
                referred to in subparagraph (D) were successful and 
                resulted in compliance with detention standards;
                    ``(F) a summary of the most pervasive and serious 
                problems encountered by individuals affected by the 
                Department's enforcement operations, including a 
                description of the nature of such problems; and
                    ``(G) such other information as the Ombudsman may 
                consider advisable.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 446 the following:

``Sec. 447. Immigration and Customs Enforcement Ombudsman.''.

SEC. 11. RULEMAKING.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary of Homeland Security shall promulgate regulations to 
implement this Act and the amendments made by this Act.
                                 <all>