1.This Act may be cited as
the Protect Citizens and Residents
from Unlawful Raids and Detention Act
.
2.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.
3.In this Act:
(1)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)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 activityThe 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)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.
4.Protections
against unlawful detentions of United States citizens and lawful permanent
residents
(a)
(1)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)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)
(1)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 servicesThe 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)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)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)
(1)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)
(1)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)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)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 lawNothing 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)
(1)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)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)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)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)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)
(1)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)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)
(A)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)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 rightsIf 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)In
cases in which a detainee is transferred, the Secretary shall make a record of
the reasons and circumstances necessitating such transfer.
(h)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.
5.Safeguards
during enforcement operationsIn 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.
6.Conduct in
enforcement actionsSection
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
actionDuring 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)Any
arrangements for aliens to be held or interviewed shall be made in consultation
with the relevant labor and employment law enforcement agencies.
(C)
(i)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)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)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.
.
7.Basic
protections for vulnerable populations
(a)Protection of
vulnerable populations
(1)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 groupsAn 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)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 populationsSection
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)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)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)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)
(i)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)All custody decisions by the Secretary shall be subject
to redetermination by an immigration judge.
(iii)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,
.
8.Detention
safeguards for citizens, nationals, residents and immigrants
(a)Alternative
custody programs
(1)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)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
determinationThe 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)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)The Attorney General shall contract with
nongovernmental organizations to conduct legal orientation services.
(b)Detention
Advisory Committee
(1)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)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)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)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.
9.Report on
protections for United States citizens, nationals, and lawful permanent
residents from unlawful detention
(a)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)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 appropriationsThere is authorized to be appropriated such
sums as may be necessary to carry out this section.
10.Immigration and
Customs Enforcement Ombudsman
(a)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:
447.Immigration
and Customs Enforcement Ombudsman
(a)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)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)
(1)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)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)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.
.
11.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.