[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1549 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1549

 To protect United States citizens and residents from unlawful arrest 
                             and detention.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2009

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

_______________________________________________________________________

                                 A BILL


 
 To protect United States citizens and residents 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 Detention Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Officials at United States Immigration and Customs 
        Enforcement have mistakenly detained and deported United States 
        citizens and lawful permanent residents.
            (2) Mistaken identities, bureaucratic mix-ups, and 
        discriminatory attitudes further contribute to unconstitutional 
        actions against United States citizens, lawful permanent 
        residents, and other persons lawfully present in the United 
        States.
            (3) The United States should not be a country in which 
        United States citizens and lawful permanent residents are 
        mistakenly or unlawfully detained, deported, or mistreated by 
        government agents.
            (4) No person in the United States should be subject to 
        government actions that deny basic protections or 
        constitutional rights.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Detainee.--The term ``detainee'' means an individual 
        detained during an immigration-related enforcement activity.
            (2) Detention.--The term ``detention'', in the context of 
        an immigration-related enforcement activity, means government 
        custody or any other deprivation of the freedom of movement of 
        an individual by government agents.
            (3) Detention facility.--The term ``detention facility'' 
        means any Federal, State, or local government facility, or any 
        facility providing services under government contract, which is 
        used to hold immigration detainees for more than 72 hours.
            (4) Immigration-related enforcement activity.--The term 
        ``immigration-related enforcement activity'' means any action 
        by a government agent in which--
                    (A) an individual suspected of an immigration 
                violation is detained for such violation; or
                    (B) an individual who has been detained by 
                government agents is questioned about a possible 
                immigration violation.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (6) Secure alternatives program.--The term ``secure 
        alternatives program'' means any custodial or noncustodial 
        program under which an individual is screened and provided with 
        appearance assistance services or placed in supervision 
        programs, as needed, to ensure that the individual appears at 
        all immigration interviews, appointments, and removal or 
        deportation hearings.

SEC. 4. PROTECTIONS AGAINST UNLAWFUL DETENTIONS OF UNITED STATES 
              CITIZENS.

    (a) Notifications.--
            (1) In general.--Prior to questioning an individual who has 
        been detained on the basis of a suspected immigration violation 
        or has been detained during an immigration-related enforcement 
        activity, a Department of Homeland Security or other officer 
        must first advise the detainee, in the language spoken by the 
        detainee that--
                    (A) the detainee has the right to be represented by 
                counsel at no expense to the Federal Government;
                    (B) the detainee may remain silent; and
                    (C) any statement made by the detainee may be used 
                against the detainee in a subsequent removal or 
                criminal proceeding.
            (2) Effect of violation.--Any evidence obtained by an 
        officer from a detainee in violation of paragraph (1) may not 
        be--
                    (A) admissible in a removal proceeding against the 
                detainee; or
                    (B) used to confirm that the detainee is a 
                noncitizen for purposes of issuing an immigration 
                detainer.
    (b) Access to Counsel.--
            (1) In general.--An individual who is subject to or 
        detained during an immigration-related enforcement activity may 
        be represented by legal counsel at any time.
            (2) List of free legal services.--The examining officer 
        shall, in the language spoken by the individual being 
        detained--
                    (A) provide the individual, at the time of 
                detention of an individual for an immigration-related 
                violation, with a list of available free or low-cost 
                legal services provided by organizations and attorneys 
                that are located in the region in which the arrest 
                occurred; 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 
                (l);
                    (B) by redesignating subsections (b), (c), (d), and 
                (e) as subsections (f), (g), and (h), and (i) 
                respectively; and
                    (C) by inserting before subsection (l), as 
                redesignated, the following:
    ``(k) Right of Access to Counsel.--An individual may be represented 
by counsel of the individual's choosing while being subject to any 
immigration-related enforcement activity, including--
            ``(1) interviews;
            ``(2) processing appointments;
            ``(3) booking or intake questions;
            ``(4) hearings; and
            ``(5) any procedure that may result in a conclusion that 
        the detainee will be detained or removed from the United 
        States.''.
    (c) Notice.--
            (1) Amendment.--Section 236 of such Act, as amended by 
        subsection (b)(3), if further amended by inserting before 
        subsection (k), the following:
    ``(j) Notice and Charges.--
            ``(1) In general.--Not later than 48 hours after the 
        commencement of a detention of an individual under this 
        section, the Secretary of Homeland Security shall--
                    ``(A) file a Notice to Appear or other relevant 
                charging document with the immigration court closest to 
                the location at which the individual was apprehended; 
                and
                    ``(B) serve such notice or charging document on the 
                individual.
            ``(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 the right in accordance 
        with paragraph (3).
            ``(3) Waiver.--The requirements of this subsection may be 
        waived for not more than 7 days if the detainee--
                    ``(A) enters into a written agreement with the 
                Department of Homeland Security to waive such 
                requirements; and
                    ``(B) is prima facie eligible for immigration 
                benefits or demonstrates prima facie eligibility for a 
                defense against removal.''.
            (2) Applicability of other law.--Nothing in section 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 in any context unless the 
        official attests under oath that--
                    (A) the official has confirmed through lawfully 
                obtained evidence that the individual who is the 
                subject of the detainer is not a United States citizen; 
                and
                    (B) the information obtained regarding the alienage 
                of such individual on the detainer is correct.
            (2) Notice.--An official of the Department of Homeland 
        Security shall serve each detainer issued on the individual who 
        is the subject of the detainer.
            (3) Rulemaking.--
                    (A) Alienage.--The Secretary shall issue 
                regulations that require officials of the Department of 
                Homeland Security to confirm, before issuing a 
                detainer, the alienage of the individual to be made 
                subject to such detainer.
                    (B) Confirmation of alienage.--The regulation 
                required under subparagraph (A) shall require officials 
                of the Department of Homeland Security to confirm the 
                alienage of an individual through lawfully obtained 
                information, including--
                            (i) the name of the individual;
                            (ii) the date of birth of the individual; 
                        or
                            (iii) the fingerprints of the individual.
    (e) Access to Telephones.--
            (1) In general.--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 the individual 
        with access to a telephone to make free telephone calls to--
                    (A) the consulate of the individual;
                    (B) designated free legal-service providers or 
                legal representatives who are providing free 
                representation for the individual;
                    (C) an office of the United States Immigration and 
                Customs Enforcement;
                    (D) an immigration court or the Board of 
                Immigration Appeals;
                    (E) the Office of the Inspector General of the 
                Department of Homeland Security;
                    (F) the Office for Civil Rights and Civil Liberties 
                of the Department of Homeland Security; and
                    (G) any Federal or State court in which the 
                detainee is or may become involved in a legal 
                proceeding.
            (2) Confidential telephone calls.--
                    (A) Free confidential telephone calls.--A detainee 
                shall be permitted to make confidential telephone calls 
                at no charge to the detainee if the detainee is--
                            (i) subject to expedited removal; or
                            (ii) experiencing a personal or family 
                        emergency, including the need to arrange care 
                        for dependents.
                    (B) Additional confidential telephone calls.--A 
                detainee shall be permitted to make additional 
                confidential telephone calls at no cost to the Federal 
                Government.
    (f) Protection of Community-Based Organizations, Faith-Based 
Organizations and Other Institutions.--
            (1) In general.--The Secretary shall issue regulations 
        requiring officials of the Department of Homeland Security to--
                    (A) prohibit the apprehension of persons on the 
                premises or in the immediate vicinity of--
                            (i) a childcare provider;
                            (ii) a school;
                            (iii) a legal-service provider;
                            (iv) a Federal court or State court 
                        proceeding;
                            (v) an administrative proceeding;
                            (vi) a funeral home;
                            (vii) a cemetery;
                            (viii) a college, university, or community 
                        college;
                            (ix) a victim services agency;
                            (x) a social service agency;
                            (xi) a hospital or emergency care center;
                            (xii) a health care clinic; and
                            (xiii) a place of worship; and
                    (B) tightly control investigative operations at the 
                locations described in subparagraph (A).
            (2) Notice to appear.--The Secretary shall amend the Notice 
        to Appear form to include a statement that no immigration 
        enforcement activity was undertaken in any of the locations 
        described in paragraph (1)(A).
    (g) Transfer of Detainees.--
            (1) Procedures.--In adopting procedures relating to the 
        transfer of individuals detained under section 236 of the 
        Immigration and Nationality Act (8 U.S.C. 1226), the Secretary 
        shall promulgate regulations requiring officials of the 
        Department of Homeland Security to give substantial weight to--
                    (A) the access of the detainee to legal 
                representation;
                    (B) the residence of the detainee prior to 
                apprehension;
                    (C) the location of family members of the detainee;
                    (D) the stage of any legal proceeding involving the 
                detainee, including Federal, State, or administrative 
                proceedings;
                    (E) the proximity of the transferee facility to the 
                venue of any legal proceeding described in subparagraph 
                (D);
                    (F) the health and medical fitness of the detainee; 
                and
                    (G) whether the detainee has a pending application 
                for relief with United States Citizenship and 
                Immigration Services or the Executive Office for 
                Immigration Review.
            (2) Notice.--Unless exigent circumstances dictate an 
        immediate transfer, the Secretary--
                    (A) shall provide at least 72-hour notice to the 
                detainee in the language spoken by the detainee and to 
                the representative of record before transferring a 
                detainee to another detention facility; and
                    (B) may not transfer the detainee until the 
                detainee has received any custody hearing for which the 
                detainee is eligible.
            (3) Additional requirements.--
                    (A) In general.--Absent exigent circumstances, such 
                as a natural disaster or comparable emergency, the 
                Secretary may not transfer a detainee who has an 
                existing attorney-client relationship to another 
                facility if the transfer of the detainee would--
                            (i) impair the existing attorney-client 
                        relationship;
                            (ii) prejudice the rights of the detainee 
                        in any legal proceeding; or
                            (iii) affect the ability of the detainee to 
                        present evidence or witnesses.
                    (B) Legal rights of detainees.--In any custody, 
                bond, or removal decision involving a detainee detained 
                under section 236 of the Immigration and Nationality 
                Act (8 U.S.C. 1226)--
                            (i) legal precedent in the location of 
                        apprehension shall control any custody, bond, 
                        or removal decision; and
                            (ii) in cases of ambiguity, an immigration 
                        judge shall use the rule of lenity in choosing 
                        from among the laws of the relevant circuits.
                    (C) Record.--If a detainee is transferred, the 
                Secretary shall prepare a record of--
                            (i) the reasons necessitating the transfer; 
                        and
                            (ii) actions taken to ameliorate any 
                        adverse effect on the legal rights of the 
                        detainee.
                    (D) Investigation.--If a detainee makes an 
                allegation of retaliation, such allegation shall be 
                investigated by an independent entity.
    (h) Training.--The Secretary, in consultation with the Civil Rights 
and Civil Liberties Officer, shall provide all officers of the 
Department of Homeland Security, other Federal agencies, and all State 
and local officers involved in immigration-enforcement activities with 
periodic training regarding--
            (1) immigration law;
            (2) civil rights law;
            (3) medical and mental health needs and treatment;
            (4) due process protections; and
            (5) humanitarian guidelines under current law, including--
                    (A) the right of access to immigration legal 
                counsel; and
                    (B) the appropriate treatment of vulnerable 
                populations during immigration-related enforcement 
                activities.

SEC. 5. BASIC PROTECTIONS FOR VULNERABLE POPULATIONS.

    (a) 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 whether the detainee is a member of a vulnerable 
        population.
            (2) Vulnerable populations.--A member of a vulnerable 
        population includes any of the following:
                    (A) Individuals with a nonfrivolous claim to United 
                States citizenship.
                    (B) Individuals who have a disability or have been 
                determined by a medically trained professional to have 
                medical or mental health needs.
                    (C) Pregnant or nursing women.
                    (D) Individuals who are detained with 1 or more of 
                their children, and their detained children.
                    (E) Individuals who provide financial, physical, 
                and other direct support to their minor children, 
                parents, or other dependents.
                    (F) Individuals who are at least 65 years of age.
                    (G) Children (as defined in section 101(b)(1) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(b)(1))).
                    (H) Victims of abuse, violence, crime, or human 
                trafficking.
                    (I) Individuals who have been referred for a 
                credible fear interview, a reasonable fear interview, 
                or an asylum hearing.
                    (J) Stateless individuals.
                    (K) 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, and entered into force June 26, 
                1987.
                    (L) Individuals who make a prima facie case for 
                eligibility for relief under any provision of the 
                Immigration and Nationality Act (8 U.S.C. 1101 et 
                seq.), including returning lawful permanent residents.
                    (M) Any group designated by the Secretary as a 
                vulnerable population.
    (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 ``(g)''; 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 adding at the end the following:
                    ``(C) the individual's own recognizance;'';
                    (C) by redesignating paragraph (3) as paragraph 
                (4); and
                    (D) by inserting after paragraph (2) the following:
            ``(3) may enroll the alien in a secure alternatives 
        program; but''; and
            (2) by inserting after subsection (a) the following:
    ``(b) Detention Decisions.--
            ``(1) Criteria to be considered.--If an alien is not 
        subject to mandatory detention under subsection (g) or section 
        236A, the criteria that the Secretary or the Attorney General 
        shall use to demonstrate that detention of the alien is 
        necessary are the following:
                    ``(A) Whether the alien poses a risk to public 
                safety, including a risk to national security.
                    ``(B) Whether--
                            ``(i) the alien poses a risk of flight; and
                            ``(ii) there are no conditions of release 
                        that will reasonably ensure that the alien will 
                        appear for immigration proceedings, including 
                        bond or other conditions of release that reduce 
                        the risk of flight.
            ``(2) Exception for mandatory detainees.--The requirements 
        described in paragraph (1) shall not apply if the Secretary of 
        Homeland Security demonstrates by substantial evidence that the 
        alien is subject to detention under subsection (g).
    ``(c) Custody Decisions for Vulnerable Populations.--
            ``(1) In general.--Not later than 72 hours after an 
        individual is detained under this section (unless the 72-hour 
        requirement is waived in writing by the individual), an 
        individual who is a member of a vulnerable population (as 
        defined by section 5(a)(3) of the Protect Citizens and 
        Residents from Unlawful Detention Act) shall be released from 
        the custody of the Department of Homeland Security and shall 
        not be subject to electronic monitoring unless the Department 
        demonstrates by a preponderance of the evidence that the 
        individual--
                    ``(A) is subject to mandatory custody or mandatory 
                detention under subsection (g) or section 236A;
                    ``(B) poses a risk to the national security of the 
                United States; or
                    ``(C) is a flight risk and the risk cannot be 
                mitigated through supervision in a non-custodial secure 
                alternatives program.
            ``(2) Release.--An individual shall be released from 
        custody 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).
    ``(d) Decisions To Detain Aliens.--
            ``(1) In general.--All detention decisions under this 
        section shall--
                    ``(A) be made in writing by an official of the 
                Department of Homeland Security;
                    ``(B) specify the reasons for the decision, if the 
                decision is made to continue the detention without bond 
                or parole; and
                    ``(C) be served upon the detainee, in the language 
                spoken by the alien, not later than 72 hours after--
                            ``(i) the commencement of the detention; or
                            ``(ii) a positive determination of credible 
                        fear of persecution or reasonable fear of 
                        persecution or torture, if the detainee is 
                        subject to section 235 or 241(a)(5).
            ``(2) Redetermination.--
                    ``(A) Request.--Any alien detained by the 
                Department of Homeland Security, at any time after 
                being served with the decision described in paragraph 
                (1)(A), may request a redetermination of such decision 
                by an immigration judge.
                    ``(B) Other decisions.--All custody decisions by 
                the Secretary of Homeland Security shall be subject to 
                redetermination by an immigration judge.
                    ``(C) Savings provision.--Nothing in this paragraph 
                may be construed to prevent a detainee from requesting 
                a bond redetermination.
    ``(e) Secure Alternatives Programs.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        establish secure alternatives programs to ensure public safety 
        and appearances at immigration proceedings.
            ``(2) Contract authority.--The Secretary shall contract 
        with nongovernmental organizations to conduct screening of 
        detainees, provide appearance assistance services, and operate 
        community-based supervision programs.
            ``(3) Individualized determinations.--When deciding whether 
        to use secure alternatives, the Secretary shall make an 
        individualized determination and review each case on a monthly 
        basis.
            ``(4) Custody.--If an individual is not eligible for 
        release from custody, the Secretary shall consider the alien 
        for placement in secure alternatives that maintain custody over 
        the alien, including the use of electronic ankle devices. The 
        Secretary may use secure alternatives programs to maintain 
        custody over any alien detained under this Act except for 
        aliens detained under section 236A.''.

SEC. 6. REPORTS ON PROTECTIONS FROM UNLAWFUL DETENTION.

    (a) Report Requirement.--Not later than 1 year after the date of 
the enactment of this Act, and annually thereafter, the Secretary shall 
prepare and submit a report to Congress that describes the impact of 
worksite 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 individuals who 
        are--
                    (A) sole caregivers;
                    (B) primary earners of income in a family;
                    (C) pregnant or nursing mothers; or
                    (D) members of other vulnerable groups subject to 
                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 immigrants received notice of an 
                impending transfer;
            (5)(A) United States Immigration and Customs Enforcement 
        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 of their right to counsel;
            (8) whether United States Immigration and Customs 
        Enforcement agents--
                    (A) use excessive force in executing warrants, 
                arrests, detentions, or other immigration-enforcement 
                activities;
                    (B) enter private homes or residences without a 
                search warrant or consent; or
                    (C) display and use weapons during immigration-
                enforcement activities or interrogations;
            (9) the extent to which United States Immigration and 
        Customs Enforcement cooperates and coordinates with State and 
        local law enforcement during immigration enforcement 
        activities;
            (10) whether United States Immigration and Customs 
        Enforcement agents identify themselves when entering a location 
        for enforcement purposes;
            (11) the conditions under which individuals are confined;
            (12) whether detainees are provided access to a telephone;
            (13) whether detainees are notified of their rights in a 
        language they can understand;
            (14) whether individuals detained during a raid or an 
        immigration enforcement activity are forced or coerced to sign 
        any documents or waive any rights without consulting with an 
        attorney;
            (15) the procedures used by the Department of Homeland 
        Security--
                    (A) to notify agents about humanitarian standards 
                regarding enforcement actions; and
                    (B) hold agents accountable when they violate such 
                standards;
            (16) the per detainee cost of each raid involving more than 
        50 detainees;
            (17) the number of United States Immigration and Customs 
        Enforcement agents disciplined for violations in detention 
        proceedings; and
            (18) 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. 7. 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.--There established in the Department of Homeland 
Security a position of Immigration and Customs Enforcement Ombudsman 
(referred to in this section as the `Ombudsman').
    ``(b) Requirements.--The Ombudsman shall--
            ``(1) report directly to the Assistant Secretary for 
        Immigration and Customs Enforcement (referred to in this 
        section as the `Assistant Secretary'); and
            ``(2) have a background in immigration law.
    ``(c) Functions.--The Ombudsman shall--
            ``(1) undertake regular and unannounced inspections of 
        detention facilities and local offices of United States 
        Immigration and Customs Enforcement to determine whether the 
        facilities and offices comply with relevant policies, 
        procedures, standards, laws, and regulations;
            ``(2) report all findings of compliance or noncompliance of 
        the facilities and local offices described in paragraph (1) to 
        the Secretary and the Assistant Secretary;
            ``(3) develop procedures for detainees or their 
        representatives to submit confidential written complaints 
        directly to the Ombudsman;
            ``(4) 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) initiate investigations into allegations of systemic 
        problems at detention facilities;
            ``(6) conduct any review or audit relating to detention, as 
        directed by the Secretary or Assistant Secretary;
            ``(7) refer matters, as 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) 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 subject to immigration-
        related enforcement operations;
            ``(9) 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 input on--
                    ``(A) the priorities of the Ombudsman; and
                    ``(B) current practices of United States 
                Immigration and Customs Enforcement; and
            ``(10) recommend to the Assistant Secretary personnel 
        action based on any finding of noncompliance.
    ``(d) Annual Report.--
            ``(1) Objectives.--Not later than June 30 of each year, the 
        Ombudsman shall prepare and 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 next fiscal year.
            ``(2) Contents.--Each report submitted under paragraph (1) 
        shall include--
                    ``(A) full and substantive analysis of the 
                objectives of the Office of the Ombudsman;
                    ``(B) statistical information regarding such 
                objectives;
                    ``(C) a description of each detention facility 
                found to be in noncompliance with the detention 
                standards of the Department of Homeland Security or 
                other applicable regulations;
                    ``(D) a description of the actions taken by the 
                Department of Homeland Security to remedy any findings 
                of noncompliance or other identified problems;
                    ``(E) information regarding whether the actions 
                described in subparagraph (D) resulted in compliance 
                with detention standards;
                    ``(F) a summary of the most pervasive and serious 
                problems encountered by individuals subject to the 
                enforcement operations of the Department of Homeland 
                Security, including a description of the nature of such 
                problems; and
                    ``(G) such other information as the Ombudsman may 
                consider advisable.''.
    (b) 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. 8. RULEMAKING.

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