[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1186 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1186

 To provide standards for facilities at which aliens in the custody of 
    the Department of Homeland Security are detained, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 15, 2021

   Mr. Booker (for himself, Mr. Leahy, Ms. Warren, and Mr. Sanders) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide standards for facilities at which aliens in the custody of 
    the Department of Homeland Security are detained, and for other 
                               purposes.

    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 ``Dignity for Detained Immigrants Act 
of 2021''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that detention, even for a short period 
of time, inflicts severe, irreparable harm on children and should be 
avoided.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on the Judiciary of the Senate;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (C) the Committee on the Judiciary of the House of 
                Representatives; and
                    (D) the Committee on Homeland Security of the House 
                of Representatives.
            (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 4. STANDARDS FOR DEPARTMENT OF HOMELAND SECURITY DETENTION 
              FACILITIES.

    (a) Rulemaking.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall, by regulation, establish 
detention standards for each facility at which aliens in the custody of 
the Department are detained.
    (b) Minimum Protection.--The standards established under subsection 
(a) shall provide, at a minimum, the level of protection for detainees 
described in the American Bar Association's Civil Immigration Detention 
Standards (adopted in August 2012, and as modified in August 2014).
    (c) Biennial Updates.--Not less frequently than biennially, the 
Secretary shall review and update such standards, as appropriate.

SEC. 5. OVERSIGHT AND TRANSPARENCY.

    (a) Periodic Inspections.--
            (1) In general.--On a periodic basis, not less frequently 
        than annually, the Inspector General of the Department 
        (referred to in this section as the ``Inspector General'') 
        shall conduct an unannounced, in-person inspection of each 
        facility at which aliens in the custody of the Department are 
        detained to ensure that each such facility is in compliance 
        with the standards established under section 4.
            (2) Report.--Not later than 60 days after conducting an 
        inspection under paragraph (1), the Inspector General shall--
                    (A) submit a report to the Secretary containing the 
                results of such inspection; and
                    (B) make the report available to the public on the 
                internet website of the Department.
            (3) Failure to comply with standards.--
                    (A) Initial failure.--
                            (i) In general.--If the Inspector General 
                        determines that a facility has failed to comply 
                        with the standards established under section 4 
                        for the first time during any 2-year period, 
                        and such noncompliance constitutes a deficiency 
                        that threatens the health, safety, or rights of 
                        detainees--
                                    (I) the Inspector General shall 
                                notify the Secretary of such 
                                determination; and
                                    (II) the Secretary shall--
                                            (aa) in the case of a 
                                        facility not owned by the 
                                        Department, impose a meaningful 
                                        fine of not less than 10 
                                        percent of the value of the 
                                        contract with the facility; and
                                            (bb) in the case of a 
                                        facility owned by the 
                                        Department--

                                                    (AA) issue a 
                                                written warning to the 
                                                facility not later than 
                                                30 days after receiving 
                                                such notification from 
                                                the Inspector General, 
                                                which shall include 
                                                remedial measures to be 
                                                carried out not later 
                                                than 60 days after the 
                                                issuance of the 
                                                warning; and

                                                    (BB) not later than 
                                                60 days after the 
                                                issuance of a warning 
                                                under subitem (AA), 
                                                certify to the 
                                                Inspector General that 
                                                the remedial measures 
                                                have been carried out.

                            (ii) Follow-up inspection.--Not later than 
                        180 days after the date on which the Inspector 
                        General makes a notification under clause 
                        (i)(I), the Inspector General shall conduct an 
                        in-person inspection of the facility to 
                        determine whether the facility has achieved 
                        compliance with the standards established under 
                        section 4.
                    (B) Subsequent failures.--If the Inspector General 
                determines that a facility has failed to comply with 
                the standards established under section 4 in 2 or more 
                inspections under paragraph (1) during any 2-year 
                period, and such noncompliance constitutes a deficiency 
                that threatens the health, safety, or rights of 
                detainees--
                            (i) the Inspector General shall notify the 
                        Secretary of such determination; and
                            (ii) the Secretary shall--
                                    (I) in the case of a facility not 
                                owned by the Department--
                                            (aa) not later than 30 days 
                                        after receiving such 
                                        notification, transfer each 
                                        detainee to a facility that 
                                        does so comply; and
                                            (bb) terminate the contract 
                                        with the owner or operator of 
                                        the facility; and
                                    (II) in the case of a facility 
                                owned by the Department--
                                            (aa) not later than 60 days 
                                        after receiving such 
                                        notification, transfer each 
                                        detainee to a facility that 
                                        does so comply; and
                                            (bb) suspend the use of 
                                        such facility until such time 
                                        as the Inspector General--

                                                    (AA) certifies to 
                                                the Secretary that the 
                                                facility is in 
                                                compliance with such 
                                                standards; and

                                                    (BB) makes 
                                                available to the public 
                                                on the internet website 
                                                of the Department 
                                                information relating to 
                                                the remedial measures 
                                                taken.

    (b) Deaths in Custody.--
            (1) Notification.--Not later than 24 hours after the death 
        of an alien in the custody of the Department, the Secretary 
        shall notify the appropriate committees of Congress of such 
        death.
            (2) Investigations.--
                    (A) In general.--Not later than 30 days after the 
                death of an alien in the custody of the Department, the 
                Secretary shall conduct an investigation into such 
                death, which shall include a root cause analysis that 
                identifies any changes to policies, practices, training 
                curricula, staffing, or potential systemwide errors 
                that may reduce the probability of such an event in the 
                future.
                    (B) Root cause analysis.--Each root cause analysis 
                required by subparagraph (A) shall be carried out--
                            (i) by appropriately qualified personnel, 
                        including 1 or more medical professionals 
                        qualified in a field relevant to the cause of 
                        death; and
                            (ii) in accordance with professional 
                        medical standards for investigating sentinel 
                        events in medical care facilities, including 
                        the Sentinel Event Policy promulgated by The 
                        Joint Commission.
                    (C) Public report.--Not later than 60 days after 
                such a death, the Secretary shall--
                            (i) issue a full report describing the 
                        results of the investigation required by 
                        subparagraph (A); and
                            (ii) make the report available to the 
                        public on the internet website of the 
                        Department.
                    (D) Review by inspector general.--Not later than 90 
                days after the death of an alien in the custody of the 
                Department, the Inspector General shall conduct a 
                review of the report issued under subparagraph (C) with 
                respect to such death.
            (3) Definition of death of an alien in the custody of the 
        department.--The term ``death of an alien in the custody of the 
        Department'' means the death of an alien occurring while the 
        alien is under the supervision of the Department, regardless 
        of--
                    (A) the location of the death; or
                    (B) whether the death may have resulted from a 
                health problem that existed before or during, or was 
                exacerbated by, the detention of the alien.
    (c) Report to Congress.--
            (1) In general.--Not less frequently than annually, the 
        Secretary shall submit to the appropriate committees of 
        Congress a report on the inspections and oversight of 
        facilities at which aliens in the custody of the Department are 
        detained.
            (2) Elements.--Each report required by paragraph (1) shall 
        include, for the preceding year--
                    (A) a list of detention facilities found by the 
                Inspector General to be in noncompliance with the 
                standards established under section 4;
                    (B) for each such facility, a description of the 
                remedial actions taken, or planned to be taken, by the 
                Secretary so as to achieve compliance with such 
                standards; and
                    (C) a determination as to whether such remedial 
                actions have succeeded in bringing the facility into 
                compliance with such standards.
    (d) Classification of Documents for Purposes of FOIA.--The reports 
required by subsections (a)(2) and (b)(2)(C), and any contract between 
the Department and a private or public entity that provides for the use 
of a facility not owned by the Department to detain aliens in the 
custody of the Department, are considered records for purposes of 
section 552 of title 5, United States Code, and do not qualify for the 
exception under subsection (b)(4) of such section.
    (e) Facilities Matrix.--
            (1) In general.--On the first day of each month, the 
        Secretary shall ensure that a publicly accessible internet 
        website of the Department contains the information described in 
        paragraph (2) for each facility at which aliens in the custody 
        of the Department are detained.
            (2) Elements.--The information referred to in paragraph (1) 
        is, for each such facility, the following:
                    (A) The name and location of the facility.
                    (B) Whether the facility houses adults, children, 
                or both.
                    (C) The number of beds available in the facility on 
                the last day of the preceding month, disaggregated by 
                gender.
                    (D) The total number of aliens detained in the 
                facility on the last day of the preceding month, 
                disaggregated by gender and classification as a child 
                or as an adult.
                    (E) Whether the facility is used to detain aliens 
                for longer than 72 hours.
                    (F) Whether the facility is used to detain aliens 
                for longer than 7 days.
                    (G) The average number of aliens detained in the 
                facility during the current year and during the 
                preceding month, disaggregated by gender and 
                classification as a child or as an adult.
                    (H) Whether the facility is in compliance with the 
                standards established under section 4.
                    (I) In the case of a facility not owned by the 
                Department, a description of the nature of the contract 
                providing for the detention of aliens at the facility.
                    (J) The average, median, 25th quartile, and 50th 
                quartile number of days that an alien has been detained 
                at the facility during the preceding month.
    (f) Online Detainee Locator System.--The Secretary shall ensure 
that the online detainee locator system maintained by the Department, 
or any successor system, is updated not later than 12 hours after an 
alien is--
            (1) taken into, or released from, custody by the 
        Department;
            (2) transferred to, or detained in, a detention facility; 
        or
            (3) removed from the United States.
    (g) Information Collected and Maintained Regarding Aliens in DHS 
Custody.--The Secretary shall collect and maintain, for each alien in 
the custody of the Department, the following information:
            (1) The gender and age of the alien.
            (2) The date on which the alien was taken into such 
        custody.
            (3) The country of nationality of the alien.
            (4) Whether the alien is considered a vulnerable person (as 
        such term is defined in section 236(c)(5) of the Immigration 
        and Nationality Act, as amended by section 9) or a primary 
        caregiver.
            (5) The provision of law pursuant to which the Secretary is 
        authorized to detain the alien.
            (6) The name of the facility in which the alien is 
        detained.
            (7) With respect to any transfer of the alien to another 
        detention facility--
                    (A) a description of the transfer of the alien to 
                the other detention facility;
                    (B) the reason for the transfer; and
                    (C) in the case of a transfer effectuated despite 
                presence of the alien's legal counsel or immediate 
                relative in the jurisdiction of the original detention 
                facility, a justification for such transfer.
            (8) The status and basis of any removal proceedings of 
        which the alien is the subject.
            (9) The initial custody determination made by U.S. 
        Immigration and Customs Enforcement, including any review of 
        such determination.
            (10) The date of the alien's release or removal, and the 
        reason for such release or removal, as applicable.
            (11) Whether the alien is subject to a final order of 
        removal.
            (12) Whether the alien was apprehended as part of a family 
        unit.
            (13) Whether the alien was separated from a family unit at 
        the border or in the interior of the United States.

SEC. 6. CIVIL ACTIONS.

    (a) In General.--An individual detained in a facility required to 
comply with the standards established under section 4 who is injured as 
a result of a violation of such standards may file a claim in the 
appropriate district court of the United States.
    (b) Recovery.--In a civil action under this subsection, the court 
may order injunctive relief and compensatory damages, and may award the 
prevailing party reasonable attorney fees, and costs.

SEC. 7. DETENTION FACILITY CONSTRUCTION AND MAINTENANCE.

    (a) Restriction on Construction.--
            (1) In general.--Not later than 180 days before initiating, 
        or entering into a contract for, the construction of a new 
        facility or the expansion of an existing facility for the 
        detention of aliens in the custody of the Department, the 
        Secretary shall submit to the appropriate committees of 
        Congress a notification of the plan to construct or expand such 
        facility, including--
                    (A) the location, size, and capacity of such 
                facility;
                    (B) the anticipated timeline and cost of 
                constructing or expanding such facility; and
                    (C) the intended population to be detained at such 
                facility, including the gender and age category of such 
                population.
            (2) Public availability.--The Secretary shall make the 
        information described in paragraph (1) available to the public 
        on the internet website of the Department.
    (b) Phase-Out of Private Detention Facilities and Use of Jails.--
            (1) Secure detention facilities.--
                    (A) In general.--The Secretary--
                            (i) may not enter into or extend any 
                        contract or agreement with any public or 
                        private for-profit entity that owns or operates 
                        a detention facility for use of such facility 
                        to detain aliens in the custody of the 
                        Department; and
                            (ii) shall terminate any contract or 
                        agreement described in clause (i) not later 
                        than the date that is 3 years after the date of 
                        the enactment of this Act.
                    (B) Ownership requirement.--Beginning on the date 
                that is 3 years after the date of the enactment of this 
                Act, any facility at which aliens in the custody of the 
                Department are detained shall be owned and operated by 
                the Department.
            (2) Alternatives to detention programs.--
                    (A) In general.--The Secretary--
                            (i) may not enter into or extend any 
                        contract or agreement with any public or 
                        private for-profit entity for the operation of 
                        a program or the use of a facility for 
                        nonresidential detention-related activities for 
                        aliens who are subject to monitoring by the 
                        Department; and
                            (ii) shall terminate any contract or 
                        agreement described in clause (i) not later 
                        than the date that is 3 years after the date of 
                        the enactment of this Act.
                    (B) Ownership and operation requirement.--Beginning 
                on the date that is 3 years after the date of the 
                enactment of this Act, any program or facility used for 
                the activities described in subparagraph (A)(i) shall 
                be owned and operated by a nonprofit organization or 
                the Department.
            (3) Implementation plan.--Not later than 60 days after the 
        date of the enactment of this Act, the Secretary shall develop, 
        and make publicly available, a plan and timeline for the 
        implementation of this subsection.

SEC. 8. APPEARANCE OF DETAINED ALIENS FOR OTHER LEGAL MATTERS.

    The Secretary shall establish rules to ensure that any alien 
detained in the custody of the Department who is required to appear in 
Federal or State court (including family court) for another matter is 
transported by an officer or employee of the Department to such court 
proceeding.

SEC. 9. PROCEDURES FOR DETAINING ALIENS.

    (a) Probable Cause and Custody Determination Hearings.--Section 236 
of the Immigration and Nationality Act (8 U.S.C. 1226) is amended to 
read as follows:

``SEC. 236. APPREHENSION AND DETENTION OF ALIENS.

    ``(a) Arrest, Detention, and Release.--
            ``(1) In general.--On a warrant issued by an immigration 
        judge, or pursuant to section 287(a)(2), the Secretary of 
        Homeland Security may arrest an alien, and in accordance with 
        this section, detain the alien or release the alien on bond, 
        subject to conditions or recognizance, pending a decision on 
        whether the alien is to be removed from the United States.
            ``(2) Exemption for unaccompanied alien children.--
                    ``(A) In general.--This section shall not apply to 
                unaccompanied alien children (as defined in section 
                462(g)(2) of the Homeland Security Act of 2002 (6 
                U.S.C. 279(g)(2)).
                    ``(B) Transfer of custody.--Any unaccompanied alien 
                child in the custody of the Secretary of Homeland 
                Security shall be transferred to the custody of the 
                Secretary of Health and Human Services pursuant to 
                section 235(b)(3) of the William Wilberforce 
                Trafficking Victims Protection Reauthorization Act of 
                2008 (8 U.S.C. 1232(b)(3)).
    ``(b) Bond Determination.--
            ``(1) In general.--An immigration judge who releases an 
        alien on bond under this section shall--
                    ``(A) consider, for purposes of setting the amount 
                of the bond, the alien's financial position and ability 
                to pay the bond without imposing financial hardship on 
                the alien; and
                    ``(B) set bond at an amount no greater than 
                necessary to ensure the alien's appearance for removal 
                proceedings.
            ``(2) Inability to pay bond.--The Secretary of Homeland 
        Security may not continue to detain an alien solely based on 
        the alien's inability to pay bond.
    ``(c) Custody Determination.--
            ``(1) Initial determination.--
                    ``(A) In general.--Not later than 48 hours after 
                taking an alien into custody pursuant to this section 
                or section 235, or with respect to an alien subject to 
                a reinstated order of removal pursuant to section 
                241(a)(5) who has been found to have a credible or 
                reasonable fear of return, the Secretary of Homeland 
                Security shall make an initial custody determination 
                with regard to the alien, and provide such 
                determination in writing to the alien.
                    ``(B) Least restrictive conditions.--With respect 
                to a custody determination under subparagraph (A), if 
                the Secretary determines that the release of an alien 
                will not reasonably ensure the appearance of the alien 
                as required or will endanger the safety of any other 
                individual or the community, the Secretary shall impose 
                the least restrictive conditions, as described in 
                paragraph (4).
            ``(2) Timing.--
                    ``(A) In general.--An alien who seeks to challenge 
                the initial custody determination under paragraph (1) 
                shall be provided with the opportunity for a hearing 
                before an immigration judge not later than 72 hours 
                after the initial custody determination to determine 
                whether the alien should be detained.
                    ``(B) Access to counsel.--On request by an alien, 
                or the legal counsel of an alien, an immigration judge 
                may grant a reasonable continuance of a hearing under 
                subparagraph (A) to provide the alien or such legal 
                counsel additional time to prepare for the hearing.
            ``(3) Presumption of release.--
                    ``(A) In general.--In a hearing under this 
                subsection, there shall be a presumption that the alien 
                should be released.
                    ``(B) Rebuttal.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security has the duty of rebutting 
                        this presumption, which may only be established 
                        based on clear and convincing evidence, 
                        including credible and individualized 
                        information, that--
                                    ``(I) the use of alternatives to 
                                detention will not reasonably ensure 
                                the appearance of the alien at removal 
                                proceedings; or
                                    ``(II) the alien is a threat to any 
                                other individual or the community.
                            ``(ii) Consideration.--The Attorney 
                        General--
                                    ``(I) shall consider the totality 
                                of each case; and
                                    ``(II) may not rely on an alien's 
                                criminal conviction, arrest, pending 
                                criminal charge, or combination thereof 
                                as the sole factor to justify the 
                                continued detention of the alien.
            ``(4) Least restrictive conditions required.--
                    ``(A) In general.--If an immigration judge 
                determines, pursuant to a hearing under this section, 
                that the release of an alien will not reasonably ensure 
                the appearance of the alien as required or will 
                endanger the safety of any other individual or the 
                community, the immigration judge shall order the least 
                restrictive conditions, or combination of conditions, 
                that the judge determines will reasonably ensure the 
                appearance of the alien as required and the safety of 
                any other individual and the community, which may 
                include--
                            ``(i) release on recognizance;
                            ``(ii) secured or unsecured release on 
                        bond; or
                            ``(iii) participation in a program 
                        described in subsection (f).
                    ``(B) Monthly review.--Not less frequently than 
                monthly, the immigration judge shall review any 
                condition assigned to an alien pursuant to subparagraph 
                (A).
                    ``(C) Modification of conditions of supervision.--
                An immigration judge may modify or rescind conditions 
                of supervision imposed on an alien by the Secretary of 
                Homeland Security.
            ``(5) Special rule for vulnerable persons and primary 
        caregivers.--
                    ``(A) In general.--In the case of an alien subject 
                to a custody determination under this subsection who is 
                a vulnerable person or a primary caregiver, the alien 
                may not be detained unless the Secretary of Homeland 
                Security demonstrates, in addition to the requirements 
                under paragraph (3), that it is unreasonable or not 
                practicable to place the alien in a community-based 
                supervision program.
                    ``(B) Definitions.--In this paragraph:
                            ``(i) Material witness.--The term `material 
                        witness' means an individual who presents a 
                        declaration to an attorney investigating, 
                        prosecuting, or defending a workplace claim or 
                        from the presiding officer overseeing a 
                        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 relevant to 
                        the outcome of the workplace claim.
                            ``(ii) Primary caregiver.--The term 
                        `primary caregiver' means an individual who is 
                        established to be a caregiver, parent, or close 
                        relative caring for or traveling with a child.
                            ``(iii) Vulnerable person.--The term 
                        `vulnerable person' means an individual who--
                                    ``(I) is under 21 years of age or 
                                over 60 years of age;
                                    ``(II) is pregnant;
                                    ``(III) identifies as lesbian, gay, 
                                bisexual, transgender, queer, or 
                                intersex;
                                    ``(IV) is a victim or witness of a 
                                crime;
                                    ``(V) has filed a nonfrivolous 
                                civil rights claim in Federal or State 
                                court;
                                    ``(VI) has filed, or is a material 
                                witness to, a bonafide workplace claim;
                                    ``(VII) has a serious mental or 
                                physical illness or disability;
                                    ``(VIII) has been determined by an 
                                asylum officer in an interview 
                                conducted under section 235(b)(1)(B) to 
                                have a credible fear of persecution or 
                                torture;
                                    ``(IX) has limited English language 
                                proficiency and is not provided access 
                                to appropriate and meaningful language 
                                services in a timely fashion; or
                                    ``(X) has been determined by an 
                                immigration judge or by the Secretary 
                                of Homeland Security to have 
                                experienced or to be experiencing 
                                severe trauma or to be a survivor of 
                                torture or gender-based violence, based 
                                on information obtained during intake, 
                                from the alien's attorney or legal 
                                service provider, or through credible 
                                self-reporting.
                            ``(iv) Workplace claim.--The term 
                        `workplace claim' means any written or oral 
                        claim, charge, complaint, or grievance filed 
                        with, communicated to, or submitted to the 
                        employer, a Federal, State, or local agency or 
                        court, or an employee representative, related 
                        to the violation of applicable Federal, State, 
                        and local labor laws, including laws concerning 
                        wages and hours, labor relations, family and 
                        medical leave, occupational health and safety, 
                        civil rights, or nondiscrimination.
            ``(6) Subsequent determinations.--An alien detained under 
        this section shall be provided with a de novo custody 
        determination hearing under this subsection--
                    ``(A) not later than 30 days after the date of the 
                enactment of this Act;
                    ``(B) every 60 days; and
                    ``(C) upon showing of a change in circumstances or 
                good cause for such a hearing.
    ``(d) Release Upon an Order Granting Relief From Removal.--The 
Secretary of Homeland Security--
            ``(1) shall immediately release an alien with respect to 
        whom an immigration judge has entered an order providing relief 
        from removal (including an order granting asylum or 
        withholding, deferral, or cancellation of removal) or an order 
        terminating removal proceedings, which order is pending appeal, 
        upon entry of the order; and
            ``(2) may impose only reasonable conditions on the alien's 
        release from custody.
    ``(e) Prohibition on Detention of Children.--Notwithstanding any 
other provision of this Act, the Secretary of Homeland Security may not 
detain in a facility operated or contracted by U.S. Immigration and 
Customs Enforcement any individual who is under the age of 18 years.
    ``(f) Community-Based Case Management Program.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        establish, outside of the purview of U.S. Immigration and 
        Customs Enforcement, a community-based case management program 
        that--
                    ``(A) provides alternatives to detaining aliens;
                    ``(B) offers a continuum of community-based support 
                options and services, including--
                            ``(i) case management; and
                            ``(ii) access to--
                                    ``(I) social services;
                                    ``(II) medical and mental health 
                                services;
                                    ``(III) housing;
                                    ``(IV) transportation; and
                                    ``(V) legal services; and
                    ``(C) provides services in the appropriate 
                language.
            ``(2) Prohibition on electronic surveillance.--The program 
        under paragraph (1) may not include, as an alternative to 
        detention, the provision of ankle monitors or other forms of 
        electronic surveillance.
            ``(3) Contracts.--
                    ``(A) In general.--The Secretary may enter into 1 
                or more contracts to operate the case management 
                program described in paragraph (1).
                    ``(B) Prioritization.--In entering into a contract 
                under subparagraph (A), the Secretary shall give 
                priority to direct contracts with qualified 
                nongovernmental community-based organizations that have 
                experience providing services to immigrant, refugee, 
                and asylum-seeking populations.
            ``(4) Individualized determination required.--
                    ``(A) In general.--In determining whether to order 
                an alien to participate in a program under this 
                subsection, the Secretary or the immigration judge, as 
                appropriate, shall make an individualized determination 
                to determine the appropriate level of supervision for 
                the alien.
                    ``(B) Exemption.--Participation in a program under 
                this subsection may not be ordered for an alien for 
                whom it is determined that release on reasonable bond 
                or recognizance will reasonably ensure the appearance 
                of the alien as required and the safety of any other 
                individual and the community.
            ``(5) Prohibition on fees for alternatives to detention.--
        An alien who is required to participate in a specific 
        alternatives to detention program or service may not be charged 
        a fee for such participation.
            ``(6) Case management review and feasibility study.--Not 
        later than 180 days after the date of the enactment of the 
        Dignity for Detained Immigrants Act of 2021, the Secretary 
        shall conduct--
                    ``(A) a review of best practices in federally 
                funded case management programs and related services; 
                and
                    ``(B) a study of the feasibility of transferring 
                alternatives to detention case management programs out 
                of the purview of the Department of Homeland 
                Security.''.
    (b) Probable Cause Hearing.--Section 287(a) of the Immigration and 
Nationality Act (8 U.S.C. 1357(a)(2)) is amended by striking the 
subsection designation and all that follows through ``United States;'' 
in paragraph (2) and inserting the following:
    ``(a) In General.--Any officer or employee of the Department of 
Homeland Security authorized under regulations prescribed by the 
Secretary of Homeland Security shall have power without warrant--
            ``(1) to interrogate any alien or person believed to be an 
        alien as to the person's right to be or to remain in the United 
        States, provided that such interrogation is not based on the 
        person's race, ethnicity, national origin, religion, sexual 
        orientation, color, spoken language, or English language 
        proficiency; and
            ``(2) to arrest any alien who, in the presence or view of 
        the officer or employee, is entering or attempting to enter the 
        United States in violation of any law or regulation made 
        pursuant to law regulating the admission, exclusion, expulsion, 
        or removal of aliens, or to arrest any alien in the United 
        States, if--
                    ``(A) the officer or employee has probable cause to 
                believe that--
                            ``(i) the alien is in the United States in 
                        violation of any such law or regulation; and
                            ``(ii) is likely to escape before a warrant 
                        can be obtained for the arrest of the alien;
                    ``(B) the officer or employee has reason to believe 
                that the alien would knowingly and willfully fail to 
                appear in immigration court in response to a properly 
                served notice to appear; and
                    ``(C) not later than 48 hours after being taken 
                into custody, the alien is provided with a hearing 
                before an immigration judge to determine whether there 
                was probable cause for such arrest, including probable 
                cause to believe that the alien would have knowingly 
                and willfully failed to appear as required under 
                subparagraph (B) if the alien had not been arrested, 
                which burden to establish probable cause shall be on 
                the Department of Homeland Security;''.
    (c) Mandatory Detention Repealed.--
            (1) In general.--The Immigration and Nationality Act (8 
        U.S.C. 1101 et seq.) is amended--
                    (A) in section 235(b) (8 U.S.C. 1225(b))--
                            (i) in paragraph (1)(B)--
                                    (I) in clause (ii), by striking 
                                ``detained'' and inserting 
                                ``referred''; and
                                    (II) in clause (iii), by striking 
                                subclause (IV); and
                            (ii) in paragraph (2)(A), by striking 
                        ``detained'' and inserting ``referred'';
                    (B) by striking section 236A (8 U.S.C. 1226);
                    (C) in section 238(a)(2) (8 U.S.C. 1228(a)(2)), by 
                striking ``pursuant to section 236(c),''; and
                    (D) in section 506(a)(2) (8 U.S.C. 1536(a)(2)--
                            (i) by amending the heading to read as 
                        follows: ``Release hearing for aliens 
                        detained''; and
                            (ii) in subparagraph (A)--
                                    (I) by amending the heading to read 
                                as follows: ``In general'';
                                    (II) in the matter preceding clause 
                                (i), by striking ``lawfully admitted 
                                for permanent residence'';
                                    (III) by striking clause (i); and
                                    (IV) by redesignating clauses (ii) 
                                and (iii) as clauses (i) and (ii), 
                                respectively.
            (2) Conforming amendments.--
                    (A) The table of sections for the Immigration and 
                Nationality Act (8 U.S.C. 1101 et seq.) is amended by 
                striking the item relating to section 236A.
                    (B) Section 241(c)(3)(A)(ii) of the Immigration and 
                Nationality Act (8 U.S.C. 1231(c)(3)(A)(ii)) is 
                amended--
                    (C) in subclause (I), by striking the comma at the 
                end and inserting ``; or'';
                    (D) in subclause (II), by striking ``, or'' and 
                inserting a period; and
                    (E) by striking subclause (III).
    (d) Aliens Ordered Removed.--
            (1) In general.--Section 241(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1231(a)) is amended--
                    (A) in paragraph (1), by striking ``90 days'' each 
                place it appears and inserting ``60 days'';
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Initial custody redetermination hearing.--
                    ``(A) In general.--Not later than 72 hours after 
                the entry of a final administrative order of removal, 
                the alien ordered removed shall be provided with a 
                custody redetermination hearing before an immigration 
                judge.
                    ``(B) Presumption of detention.--For purposes of 
                the hearing under subparagraph (A), the alien shall be 
                detained during the removal period unless the alien 
                demonstrates by the preponderance of the evidence 
                that--
                            ``(i) the alien's removal is not reasonably 
                        foreseeable; or
                            ``(ii) the alien does not pose a risk to 
                        the safety of any other individual or the 
                        community.'';
                    (C) in paragraph (3)--
                            (i) in the paragraph heading, by striking 
                        ``90-day'' and inserting ``60-day''; and
                            (ii) in the matter preceding subparagraph 
                        (A), by striking ``the alien, pending removal, 
                        shall be subject to supervision under'' and 
                        inserting the following: ``except as provided 
                        in paragraph (6), any alien who has been 
                        detained during the removal period shall be 
                        released from custody, pending removal, subject 
                        to individualized supervision requirements in 
                        accordance with'';
                    (D) by amending paragraph (6) to read as follows:
            ``(6) Subsequent custody redetermination hearings.--
                    ``(A) In general.--The Secretary of Homeland 
                Security may request a subsequent redetermination 
                hearing before an immigration judge seeking continued 
                detention for an alien ordered to be detained pursuant 
                to paragraph (2) who has not been removed within the 
                removal period.
                    ``(B) Standard.--An alien may only be detained 
                after the removal period upon a showing by the 
                Secretary of Homeland Security that--
                            ``(i) the alien's removal is reasonably 
                        foreseeable; or
                            ``(ii) the alien poses a risk to the safety 
                        of any other individual or the community, 
                        which--
                                    ``(I) may only be established based 
                                on credible and individualized 
                                information; and
                                    ``(II) may not be established based 
                                solely on the fact that the alien has 
                                been charged with, or is suspected of, 
                                a crime.
                    ``(C) Period of detention.--
                            ``(i) In general.--An alien may not be 
                        detained pursuant to an order under this 
                        paragraph for longer than a 60-day period.
                            ``(ii) Subsequent redetermination 
                        hearing.--The Secretary of Homeland Security 
                        may seek subsequent redetermination hearings 
                        under this paragraph in order to continue 
                        detaining an alien beyond each such 60-day 
                        period.''; and
                    (E) by striking paragraph (7).
            (2) Technical and conforming amendments.--The Immigration 
        and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
                    (A) in section 238 (8 U.S.C. 1228)--
                            (i) in subsection (a)(1)--
                                    (I) by moving the paragraph 2 ems 
                                to the right;
                                    (II) by amending the paragraph 
                                heading to read as follows: ``In 
                                general''; and
                                    (III) in the first sentence--
                                            (aa) by striking ``section 
                                        241(a)(2)(A)(iii)'' and 
                                        inserting ``section 
                                        237(a)(2)(A)(iii)'';
                                            (bb) by striking ``section 
                                        241(a)(2)(A)(ii)'' and 
                                        inserting ``section 
                                        237(a)(2)(A)(ii)''; and
                                            (cc) by striking ``section 
                                        241(a)(2)(A)(i)'' and inserting 
                                        ``237(a)(2)(A)(i)'';
                            (ii) in the second subsection (c)--
                                    (I) in paragraph (2)(B), by 
                                striking ``section 241(a)(2)(A)'' and 
                                inserting ``section 237(a)(2)(A)''; and
                                    (II) in paragraph (4), by striking 
                                ``section 241(a)'' and inserting 
                                ``section 237(a)''; and
                            (iii) by redesignating the second 
                        subsection (c) as subsection (d);
                    (B) in section 276(b)(4) (8 U.S.C. 1326(b)(4)), by 
                striking ``section 241(a)(4)(B)'' and inserting 
                ``section 237(a)(4)(B)''; and
                    (C) in section 501(1) (8 U.S.C. 1531(1)), by 
                striking ``section 241(a)(4)(B)'' and inserting 
                ``section 237(a)(4)(B)''.

SEC. 10. PROHIBITION ON SOLITARY CONFINEMENT.

    (a) In General.--An individual in the custody of the Department may 
not be placed in solitary confinement.
    (b) Definition of Solitary Confinement.--In this section, the term 
``solitary confinement'' means--
            (1) in the case of an individual who is older than 21 years 
        of age, the state of being confined to the individual's cell, 
        alone or with a cellmate, for more than 22 hours during a 24-
        hour period, with very limited out-of-cell time and severely 
        restricted activity, movement, and social interaction whether 
        pursuant to disciplinary, administrative, or classification 
        action; and
            (2) in the case of an individual who is 21 years of age or 
        younger, involuntary confinement alone in a cell, room, or 
        other area for a period greater than 3 hours.
                                 <all>