[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1778 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1778

    To prohibit transfers of individuals between ICE facilities and 
  Federal, State, and local facilities, to ensure physical distancing 
             inside ICE facilities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2021

Mr. Bennet (for himself, Ms. Warren, and Mr. Blumenthal) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
    To prohibit transfers of individuals between ICE facilities and 
  Federal, State, and local facilities, to ensure physical distancing 
             inside ICE facilities, 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 ``End Transfers of Detained Immigrants 
Act''.

SEC. 2. LIMITATION ON TRANSFERS FROM ICE DETENTION FACILITIES.

    (a) Transfers Between ICE Facilities.--
            (1) In general.--Except as provided in subsection (c), no 
        person in the custody of U.S. Immigration and Customs 
        Enforcement (referred to in this Act as ``ICE'') may be 
        transferred between ICE facilities during the period beginning 
        on the date of the enactment of this Act and ending on the date 
        on which the public health emergency declared by the Department 
        of Health and Human Services on January 27, 2020 has concluded.
            (2) Determination of conclusion of public health 
        emergency.--For purposes of paragraph (1), the public health 
        emergency referred to in such paragraph shall be deemed to 
        conclude when the daily transmission rate of the novel 
        coronavirus (2019-nCoV) that causes COVID-19 has been 
        sufficiently contained so that the daily transmission rate of 
        the virus in the United States during the prior 2-week period 
        is at or below 1 per 1,500,000 individuals.
            (3) Transfers described.--The restriction under subsection 
        (a)(1) shall apply to any transfer between any 2 ICE facilities 
        utilized for the purpose of civil immigration detention, 
        including--
                    (A) service processing centers;
                    (B) contract detention facilities;
                    (C) facilities operating under intergovernmental 
                service agreements (whether dedicated or nondedicated 
                with ICE);
                    (D) juvenile facilities; and
                    (E) family residential centers.
    (b) Transfers Between Federal, State, or Local Facilities.--
            (1) In general.--Except as provided in paragraph (2) or 
        subsection (c), an ICE officer may not apprehend or transfer 
        any individual to or from any ICE detention facility and--
                    (A) a Federal prison, including any facility 
                operated by the Bureau of Prisons or the United States 
                Marshals Service and any other facility used for the 
                detention of Federal prisoners;
                    (B) a detention facility operated by a State or 
                local law enforcement agency;
                    (C) a shelter or facility, whether permanent or 
                temporary in nature, housing unaccompanied minors in 
                the custody of the Office of Refugee Resettlement; or
                    (D) a State or local prison or jail.
            (2) Requirements.--Notwithstanding paragraph (1), a medical 
        professional may authorize the transfer of an individual 
        between an ICE detention facility and a State or local prison 
        or jail if the medical professional--
                    (A) administers a COVID-19 test; and
                    (B) quarantines the individual in a nonpunitive 
                medical unit immediately before or after conducting the 
                transfer--
                            (i) for a period of 14 consecutive days; or
                            (ii) until the test comes back negative.
            (3) Defined term.--As used in paragraph (2)(B), the term 
        ``nonpunitive medical unit'' excludes any punitive holding 
        area, including isolation, solitary confinement, and 
        administrative segregation.
    (c) Release of Detainees.--Nothing in subsections (a) and (b) may 
be construed to prohibit--
            (1) the transfer of any individual solely for the purpose 
        of necessary processing related to the individual's release 
        from custody; or
            (2) the transfer of a minor from the custody of ICE to the 
        custody of the Office of Refugee Resettlement.

SEC. 3. PHYSICAL DISTANCING INSIDE ICE FACILITIES.

    (a) In General.--If, at any time, the Department of Homeland 
Security Office of the Inspector General, the Centers for Disease 
Control and Prevention, State or local public health officials, court-
appointed investigators, or the Director of ICE determine that ICE 
cannot ensure adherence to guidelines issued by the Centers for Disease 
Control and Prevention to mitigate against the spread of COVID-19 at 
any ICE facility, including maintaining physical distance between 
individuals in custody at all times, due to population levels or 
facility structures that necessitates housing and sleeping large groups 
of people in a single room, the Director shall--
            (1) immediately conduct a custody review of all the 
        individuals detained at such facility; and
            (2) release all individuals who are determined eligible for 
        release, with priority given to individuals who are most 
        medically vulnerable to the effects of COVID-19.
    (b) Effect of Failure To Maintain Physical Distancing.--If the 
Director of ICE is unable to ensure physical distancing between all 
individuals in ICE custody at all times by the end of the 30-day period 
beginning on the date of the enactment of this Act, the Director 
shall--
            (1) immediately initiate a custody review of all the 
        individuals detained by ICE; and
            (2) not later than 45 days after the date of the enactment 
        of this Act, release sufficient numbers of detainees to ensure 
        adherence to the guidelines issued by the Centers for Disease 
        Control and Prevention regarding physical distancing to 
        mitigate the spread of COVID-19.
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