[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1949 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1949

 To provide for safe and humane policies and procedures pertaining to 
    the arrest, detention, and processing of aliens in immigration 
                        enforcement operations.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2011

   Mr. Kerry introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide for safe and humane policies and procedures pertaining to 
    the arrest, detention, and processing of aliens in immigration 
                        enforcement operations.

    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 ``Families First Immigration 
Enforcement Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (3) SSA.--The term ``SSA'' means appropriate State social 
        service agencies.

SEC. 3. ARREST PROCEDURES.

    (a) In General.--Any immigration workplace enforcement operation by 
the Department for alleged violations of the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.), which is reasonably calculated 
to apprehend, or results in the apprehension of, at least 50 aliens, 
shall be carried out in accordance with the procedures described in 
this section.
    (b) State Notification.--The Department shall provide State 
officials with sufficient advance notice of all immigration workplace 
enforcement operations to allow State law enforcement officials to 
notify SSA of--
            (1) the specific area of the State that will be affected;
            (2) the languages spoken by employees at the target 
        worksite; and
            (3) any special needs of the employees.
    (c) Nongovernmental Organization Notification.--
            (1) In general.--The Department and SSA shall determine how 
        appropriate nongovernmental organizations will be notified on 
        the day of the enforcement action.
            (2) Participation.--At the discretion of SSA, 
        representatives of a nongovernmental organization who speak the 
        native language of the aliens detained in the enforcement 
        action may be permitted to participate with SSA officials in 
        interviewing such aliens.
    (d) Determination of Risk to Relatives.--The Department shall 
provide SSA with unfettered and confidential access to aliens detained 
in the enforcement action to assist in the screening and interviews of 
aliens to determine whether the detainee, the detainee's children, or 
other vulnerable people, including elderly and disabled individuals, 
have been placed at risk as a result of the detainee's arrest.
    (e) Medical Screening.--After SSA officials have met with the alien 
detainees, qualified medical personnel from the Division of Immigration 
Health Services of the Department of Health and Human Services shall--
            (1) conduct medical screenings of the alien detainees; and
            (2) identify and report any medical issues that might 
        necessitate humanitarian release or additional care.
    (f) Consideration of Recommendations.--The Department shall 
immediately consider recommendations made by SSA and the Division of 
Immigration Health Services about alien detainees who should be 
released on humanitarian grounds, including alien detainees who--
            (1) have a medical condition that requires special 
        attention;
            (2) are pregnant women;
            (3) are nursing mothers;
            (4) are the sole caretakers of their minor children or 
        elderly relatives;
            (5) function as the primary contact between the family and 
        those outside the home due to language barriers;
            (6) are needed to support their spouses in caring for sick 
        or special needs children;
            (7) have spouses who are ill or otherwise unable to be sole 
        caretaker; or
            (8) are younger than 18 years of age.
    (g) Publicity.--The Department shall provide, and advertise in the 
mainstream and foreign language media, a toll-free number through which 
family members of alien detainees may report such relationships to 
operators who--
            (1) speak English and the majority language of the target 
        population of the enforcement operation; and
            (2) will convey such information to the Department and SSA.

SEC. 4. DETENTION PROCEDURES.

    (a) In General.--In order to maximize full and fair visitation by 
children, immediate family members, and counsel, an alien should be 
detained, to the extent space is available, in facilities within the 
physical jurisdiction or catchment area of the local field office of 
United States Immigration and Customs Enforcement.
    (b) Release.--
            (1) In general.--Not later than 72 hours after an alien's 
        apprehension in an immigration workplace enforcement operation, 
        the alien shall be released from Department custody, in 
        accordance with paragraph (2), if the alien--
                    (A) is not subject to mandatory detention under 
                section 235(1)(B)(iii)(IV), 236(c), or 236A of the 
                Immigration and Nationality Act (8 U.S.C. 
                1225(1)(B)(iii)(IV), 1226(c), and 1226a);
                    (B) does not pose an immediate flight risk; and
                    (C) meets any of the criteria set forth in section 
                3(f).
            (2) Type of release.--An alien shall be released under this 
        subsection--
                    (A) on the alien's own recognizance;
                    (B) by posting a minimum bond under section 236(a) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1226(a));
                    (C) on parole in accordance with section 
                212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)); or
                    (D) through the Intensive Supervision Appearance 
                Program or another comparable alternative to detention 
                program.

SEC. 5. LEGAL ORIENTATION PRESENTATIONS.

    Any alien arrested in an immigration enforcement operation that is 
reasonably calculated to apprehend, or results in the apprehension of, 
at least 50 aliens shall have access to legal orientation presentations 
provided by independent, nongovernmental agencies through the Legal 
Orientation Program administered by the Executive Office for 
Immigration Review.

SEC. 6. REGULATIONS CONCERNING THE TREATMENT OF ALIENS IN A VULNERABLE 
              POPULATION IN THE UNITED STATES.

    Not later than 6 months after the date of the enactment of this 
Act, the Secretary shall promulgate regulations to implement this Act, 
in accordance with the notice and comment requirements under subchapter 
II of chapter 5 of title 5, United States Code (commonly referred to as 
the Administrative Procedure Act).

SEC. 7. REPORT TO CONGRESS.

    The Secretary shall submit an annual report that describes all the 
actions taken by the Department to implement this Act to--
            (1) the Committee on the Judiciary of the Senate;
            (2) the Committee on the Judiciary of the House of 
        Representatives;
            (3) the Committee on Homeland Security and Governmental 
        Affairs of the Senate; and
            (4) the Committee on Homeland Security of the House of 
        Representatives.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
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