[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4119 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4119

To limit the use of solitary confinement and other forms of restrictive 
       housing in immigration detention, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 15, 2024

Mr. Durbin (for himself and Mr. Schatz) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To limit the use of solitary confinement and other forms of restrictive 
       housing in immigration detention, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Restricting 
Solitary Confinement in Immigration Detention Act of 2024''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Solitary confinement reforms.
Sec. 4. Reassessment of detained noncitizens' mental health.
Sec. 5. Oversight responsibilities.
Sec. 6. Private cause of action.
Sec. 7. Rulemaking.
Sec. 8. Authorization of appropriations.
Sec. 9. Effective date.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate level of care.--The term ``appropriate 
        level of care'' means the appropriate treatment setting for 
        mental health care that a detained noncitizen with mental 
        illness requires, which may include outpatient care, emergency 
        or crisis services, day treatment, supported residential 
        housing, infirmary care, or inpatient psychiatric 
        hospitalization services.
            (2) Intellectual disability.--The term ``intellectual 
        disability'' means a significant mental impairment 
        characterized by significant limitations in intellectual 
        functioning and adaptive behavior.
            (3) Longer-term separation.--The term ``longer-term 
        separation'' means a nonpunitive form of separation that 
        removes a detained noncitizen from the general population of a 
        detention center or other facility in which the noncitizen is 
        being detained for--
                    (A) investigative, protective, or preventative 
                reasons because of a substantial and immediate threat 
                to the safety or security of the detained noncitizen, 
                other detained noncitizens, staff, or the public; or
                    (B) temporary administrative reasons.
            (4) Multidisciplinary staff committee.--The term 
        ``multidisciplinary staff committee'' means a committee--
                    (A) composed of staff at the facility at which a 
                detained noncitizen resides who are responsible for 
                reviewing the initial placement of the noncitizen in 
                longer-term separation and any extensions of time in 
                longer-term separation; and
                    (B) that includes--
                            (i) not fewer than 2 licensed mental health 
                        professionals;
                            (ii) not fewer than 2 medical 
                        professionals; and
                            (iii) not fewer than 1 member of the 
                        leadership of the facility.
            (5) Noncitizen.--The term ``noncitizen'' has the meaning 
        given the term ``alien'' in section 101(a) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)).
            (6) Protection case.--The term ``protection case'' means a 
        detained noncitizen who, by the request of the noncitizen or 
        through a staff determination, requires protection.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (8) Serious mental illness.--The term ``serious mental 
        illness'' means--
                    (A) a finding by a qualified mental health 
                professional that the detained noncitizen is at serious 
                risk of substantially deteriorating mentally or 
                emotionally while confined in solitary confinement or 
                longer-term separation, or already has so deteriorated 
                while confined in solitary confinement or longer-term 
                separation, such that diversion or removal is deemed to 
                be clinically appropriate by a qualified mental health 
                professional; or
                    (B) a current or recent diagnosis by a qualified 
                mental health professional of 1 or more of the 
                following disorders and any comparable disorders 
                described in the most recent edition of the Diagnostic 
                and Statistical Manual of Mental Disorders:
                            (i) Schizophrenia or another psychotic 
                        disorder.
                            (ii) Major depressive disorder.
                            (iii) Any type of bipolar disorder.
                            (iv) A neurodevelopmental disorder, 
                        dementia, or other cognitive disorder, 
                        including autism spectrum disorder.
                            (v) Any disorder commonly characterized by 
                        breaks with reality or perceptions of reality.
                            (vi) Any type of anxiety disorders.
                            (vii) Trauma or stressor related disorder.
                            (viii) Severe personality disorders.
            (9) Solitary confinement.--The term ``solitary 
        confinement'' means confinement in a cell, other housing 
        location, or other space that is not shared space conducive to 
        meaningful group interaction, whether alone or with 1 or more 
        other detained noncitizens.
            (10) Substantial and immediate threat.--The term 
        ``substantial and immediate threat'' means a set of 
        circumstances that require immediate action in order to combat 
        a significant threat to the safety of a detained noncitizen, 
        other detained noncitizens, staff, or the public.
            (11) U.S. customs and border protection facility.--The term 
        ``U.S. Customs and Border Protection facility'' means--
                    (A) a detention facility owned and administered by 
                U.S. Customs and Border Protection; or
                    (B) a Federal, State, local, or private facility 
                that has contracted (directly or indirectly) with U.S. 
                Customs and Border Protection to detain noncitizens in 
                Federal custody, and regardless of any time limits that 
                exist for the duration of the detention in such a 
                facility.
            (12) U.S. immigration and customs enforcement facility.--
        The term ``U.S. Immigration and Customs Enforcement facility'' 
        means--
                    (A) a detention facility owned and administered by 
                U.S. Immigration and Customs Enforcement; or
                    (B) a Federal, State, local, or private facility 
                that has contracted (directly or indirectly) with U.S. 
                Immigration and Customs Enforcement to detain 
                noncitizens in Federal custody, including a facility of 
                the United States Marshals Service that houses detained 
                noncitizens, and regardless of any time limits that 
                exist for the duration of the detention in such a 
                facility.

SEC. 3. SOLITARY CONFINEMENT REFORMS.

    (a) Use of Solitary Confinement and Longer-term Separation.--
            (1) Use of solitary confinement.--A detained noncitizen may 
        not be placed in solitary confinement within a U.S. Immigration 
        and Customs Enforcement or U.S. Customs and Border Protection 
        facility unless such confinement--
                    (A) is necessary to address immediate circumstances 
                that pose a substantial and immediate threat;
                    (B) is limited to the briefest term and the least 
                restrictive conditions practicable, including--
                            (i) not more than 8 hours immediately 
                        following an incident precipitating placement 
                        in solitary confinement;
                            (ii) not more than 8 hours during any 24-
                        hour period; and
                            (iii) not more than 16 hours during any 7-
                        day period; and
                    (C) complies with the provisions of this section.
            (2) Use of longer-term separation.--A detained noncitizen 
        may not be placed in longer-term separation within a U.S. 
        Immigration and Customs Enforcement or U.S. Customs and Border 
        Protection facility unless such separation--
                    (A) is limited to the briefest term and the least 
                restrictive conditions practicable, including not fewer 
                than 10 hours of out-of-cell time every day;
                    (B) is consistent with the rationale for placement 
                and with the progress achieved by the detained 
                noncitizen;
                    (C) allows a detained noncitizen to have meaningful 
                access to counsel and to participate in meaningful out-
                of-cell group programming opportunities in a classroom 
                or equivalent setting, out-of-cell group recreation, 
                and privileges that are similar to those available in 
                the general population;
                    (D) allows the detained noncitizen to have as much 
                meaningful interaction with others, such as other 
                detained noncitizens, counsel, visitors, clergy, or 
                licensed mental health professionals, as people in the 
                general population;
                    (E) is for the purposes of longer-term separation 
                as detailed in the provisions of this section;
                    (F) is determined to be necessary following the 
                consideration of all alternatives by facility 
                personnel, including release; and
                    (G) complies with the provisions under this 
                section.
            (3) Specific limitations on longer-term segregation.--The 
        Secretary--
                    (A) shall limit longer-term separation in U.S. 
                Immigration and Customs Enforcement and U.S. Customs 
                and Border Protection facilities--
                            (i) to situations in which such separation 
                        is necessary to control a substantial and 
                        immediate threat that cannot be addressed 
                        through alternative housing; and
                            (ii) to a duration of not more than 7 
                        consecutive days, and not more than 7 days in a 
                        14-day period, unless the detained noncitizen--
                                    (I) is a protection case and 
                                requests to remain in longer-term 
                                separation pursuant to paragraph 
                                (4)(B)(i);
                                    (II) is provided with additional 
                                out-of-cell time, socialization, and 
                                programming opportunities; and
                                    (III) is provided with not fewer 
                                than 10 hours of out-of-cell time each 
                                day; and
                    (B) may not permit the use of solitary confinement 
                or longer-term separation as a form of discipline.
            (4) Protective custody.--The Secretary--
                    (A) shall establish policies to ensure that a 
                noncitizen who is a protection case--
                            (i) upon the request of such noncitizen, is 
                        released with a care plan; or
                            (ii) if release is not practicable, is 
                        transferred to the least restrictive safer 
                        alternative available, such as--
                                    (I) an alternative to detention;
                                    (II) an alternative general 
                                population unit in the same U.S. 
                                Immigration and Customs Enforcement or 
                                U.S. Customs and Border Protection 
                                facility; or
                                    (III) an alternative U.S. 
                                Immigration and Customs Enforcement or 
                                U.S. Customs and Border Protection 
                                facility; and
                    (B) may not place a detained noncitizen who is a 
                protection case in solitary confinement or longer-term 
                separation due to the status of the noncitizen as a 
                protection case unless--
                            (i) the noncitizen requests to be placed in 
                        solitary confinement or longer-term separation, 
                        in which case--
                                    (I) at the request of such 
                                noncitizen, the noncitizen shall be 
                                released with a care plan; or
                                    (II) if release is not practicable, 
                                the noncitizen is transferred to the 
                                least restrictive safer alternative 
                                available, such as--
                                            (aa) an alternative to 
                                        detention;
                                            (bb) an alternative general 
                                        population unit in the same 
                                        U.S. Immigration and Customs 
                                        Enforcement or U.S. Customs and 
                                        Border Protection facility; or
                                            (cc) an alternative U.S. 
                                        Immigration and Customs 
                                        Enforcement or U.S. Border 
                                        Protection facility;
                            (ii) such confinement is limited to--
                                    (I) not more than 8 hours of 
                                solitary confinement and not more than 
                                5 days of longer-term separation; and
                                    (II) time to prepare the noncitizen 
                                for transfer to a safer alternative, 
                                such as any of the alternatives 
                                described in items (aa) through (cc) of 
                                clause (i)(II); and
                            (iii) the noncitizen has been verbally 
                        informed of any available alternatives; and
                    (C) not later than 90 days after the date of the 
                enactment of this Act, shall--
                            (i) initiate a plan to ensure that each 
                        U.S. Immigration and Customs Enforcement or 
                        U.S. Customs and Border Protection facility 
                        includes alternative general population units 
                        in accordance with subparagraphs (A)(ii)(II) 
                        and (B)(i)(II)(bb); and
                            (ii) submit a report on the implementation 
                        of such plan to--
                                    (I) the Committee on Homeland 
                                Security and Governmental Affairs of 
                                the Senate;
                                    (II) the Committee on the Judiciary 
                                of the Senate;
                                    (III) the Committee on Homeland 
                                Security of the House of 
                                Representatives; and
                                    (IV) the Committee on the Judiciary 
                                of the House of Representatives.
            (5) Vulnerable populations.--
                    (A) In general.--A U.S. Immigration and Customs 
                Enforcement or U.S. Customs and Border Protection 
                facility may not place a detained noncitizen in 
                solitary confinement if--
                            (i) except as provided in subparagraph (B), 
                        the detained noncitizen--
                                    (I) is younger than 25 years of 
                                age;
                                    (II) has a serious mental illness 
                                or an intellectual disability;
                                    (III) has a physical disability 
                                that a licensed medical professional 
                                determines is likely to be exacerbated 
                                by placement in solitary confinement or 
                                that solitary confinement is clinically 
                                contraindicated;
                                    (IV) is pregnant or is in the first 
                                8 weeks of the postpartum recovery 
                                period after giving birth; or
                                    (V) has been determined by a 
                                licensed medical processional to be 
                                likely to be significantly adversely 
                                affected by placement in solitary 
                                confinement;
                            (ii) the detained noncitizen is lesbian, 
                        gay, bisexual, transgender, intersex, or gender 
                        nonconforming (as such terms are defined in 
                        section 115.5 of title 28, Code of Federal 
                        Regulations, or in any successor regulation), 
                        if such placement is based (in whole or in 
                        part) on such identification or status;
                            (iii) the detained noncitizen is HIV 
                        positive, if the placement is based (in whole 
                        or in part) on such HIV positive status;
                            (iv) the placement is based (in whole or in 
                        part) on the detained noncitizen's race, 
                        religion, or nationality; or
                            (v) if the noncitizen is not a protection 
                        case, the placement is based (in whole or in 
                        part) on--
                                    (I) the detained noncitizen's 
                                report of an incident of abuse or 
                                misconduct;
                                    (II) the detained noncitizen's 
                                decision to engage in a hunger strike; 
                                or
                                    (III) any other form of retaliation 
                                against the detained noncitizen.
                    (B) Exceptions.--The limitation on solitary 
                confinement described in subparagraph (A)(i) shall not 
                apply if--
                            (i) such confinement is a temporary 
                        response to the behavior of the detained 
                        noncitizen, which poses a substantial and 
                        immediate threat;
                            (ii) all other options to de-escalate the 
                        situation have been exhausted, including less 
                        restrictive techniques such as--
                                    (I) penalizing the detained 
                                noncitizen through loss of privileges;
                                    (II) speaking with the detained 
                                noncitizen in an attempt to de-escalate 
                                the situation; and
                                    (III) providing an appropriate 
                                level of care through a licensed mental 
                                health professional;
                            (iii) such confinement is limited to--
                                    (I) 3 hours after the detained 
                                noncitizen is placed in solitary 
                                confinement, if the noncitizen poses a 
                                substantial and immediate threat to 
                                others; or
                                    (II) 30 minutes after the detained 
                                noncitizen is placed in solitary 
                                confinement, if the noncitizen poses a 
                                substantial and immediate threat only 
                                to the noncitizen's self; and
                            (iv) if, after the applicable maximum 
                        period of confinement under subclause (I) or 
                        (II) of clause (iii) has expired, the detained 
                        noncitizen continues to pose a substantial and 
                        immediate threat described in the applicable 
                        subclause--
                                    (I) the detained noncitizen is 
                                transferred to the least restrictive 
                                safer alternative available pursuant to 
                                paragraph (4)(B)(i)(II); or
                                    (II) if a qualified mental health 
                                professional believes the level of 
                                crisis service needed is not currently 
                                available, a staff member of the 
                                facility initiates a referral to a 
                                location that can meet the needs of the 
                                detained noncitizen.
            (6) Access to counsel.--Noncitizens placed in solitary 
        confinement and longer-term separation shall be--
                    (A) offered meaningful access to counsel to the 
                same extent that detained noncitizens in the general 
                population are offered access to counsel; and
                    (B) notified in writing of their right to access to 
                counsel before being placed in solitary confinement or 
                longer-term separation.
            (7) Right to review placement in longer-term separation.--
        The Secretary shall ensure that each noncitizen placed in 
        longer-term separation--
                    (A) not later than 4 hours after the beginning of 
                such placement, has access to written and verbal 
                notice, in a language the noncitizen understands, that 
                thoroughly details the basis for placement in longer-
                term separation, including--
                            (i) thorough documentation explaining why 
                        such confinement is permissible and necessary; 
                        and
                            (ii) if an exception under paragraph 
                        (3)(A)(ii), (4)(B), or (5)(B) is used to 
                        justify placement in longer-term separation, 
                        thorough documentation explaining why such an 
                        exception applies;
                    (B) has access to a timely, thorough, and 
                continuous review process that--
                            (i) occurs not fewer than 2 days after 
                        being placed in longer-term separation, and 
                        thereafter not less frequently than weekly, 
                        unless more frequent reviews are otherwise 
                        required under this section;
                            (ii) includes private, face-to-face 
                        interviews with a multidisciplinary staff 
                        committee; and
                            (iii) examines whether--
                                    (I) placement in solitary 
                                confinement was and remains necessary;
                                    (II) the conditions of confinement 
                                comply with the requirements under this 
                                section; and
                                    (III) any exception under paragraph 
                                (3)(A)(ii), (4)(B), or (5)(B) used to 
                                justify placement in longer-term 
                                separation was and remains warranted;
                    (C) has access to a process to appeal the initial 
                placement or continued placement of the detained 
                noncitizen in longer-term separation;
                    (D) receives prompt and timely written notice of 
                the appeal procedures; and
                    (E) receives copies of all documents, files, and 
                records relating to the detained noncitizen's placement 
                in longer-term separation, unless such documents 
                contain contraband, classified information, or 
                sensitive security-related information.
    (b) Mental Health Care for Noncitizens in Longer-Term Separation.--
            (1) Mental health screening.--Not later than 6 hours after 
        a detained noncitizen is placed in longer-term separation in a 
        U.S. Immigration and Customs Enforcement or U.S. Customs and 
        Border Protection facility, the noncitizen shall receive a 
        comprehensive, face-to-face mental health evaluation by a 
        licensed mental health professional in a confidential setting.
            (2) Mental health treatment program.--A detained noncitizen 
        diagnosed with a serious mental illness after an evaluation 
        described in paragraph (1)--
                    (A) may not be placed in solitary confinement; and
                    (B) shall receive an appropriate level of care to 
                address the detained noncitizen's mental health needs.
            (3) Continuing evaluations.--After each 7-day period during 
        which a detained noncitizen is held in continuous placement in 
        longer-term separation--
                    (A) a licensed mental health professional shall 
                conduct a comprehensive, face-to-face, out-of-cell 
                mental health evaluation of the noncitizen in a 
                confidential setting; and
                    (B) the Secretary shall adjust the placement of the 
                noncitizen in accordance with this subsection.
    (c) Training for Detention Center Staff.--
            (1) Training.--All employees of a U.S. Immigration and 
        Customs Enforcement or U.S. Customs and Border Protection 
        facility and any contracted personnel working at such facility 
        who interact with noncitizens on a regular basis shall be 
        required to complete training in--
                    (A) recognizing the symptoms of mental illness;
                    (B) the potential risks and side effects of 
                psychiatric medications;
                    (C) the consequences of untreated mental illness;
                    (D) the long- and short-term psychological effects 
                of solitary confinement;
                    (E) the harms faced by vulnerable populations in 
                solitary confinement;
                    (F) the benefits of release from detention for 
                vulnerable populations;
                    (G) de-escalation and communication techniques for 
                safely managing individuals with mental illness; and
                    (H) de-escalation and communication techniques for 
                diverting detained noncitizens from situations that may 
                lead to the noncitizen being placed in solitary 
                confinement or longer-term separation.
            (2) Notification to medical staff.--An employee of a U.S. 
        Immigration and Customs Enforcement or U.S. Customs and Border 
        Protection facility shall immediately notify a member of such 
        facility's medical or mental health staff if such employee--
                    (A) observes a detained noncitizen with signs of 
                mental illness, unless such employee has knowledge that 
                the noncitizen's signs of mental illness have 
                previously been reported; or
                    (B) observes a detained noncitizen with signs of a 
                mental health crisis;
            (3) Supplemental training.--Not later than 90 days after 
        the date of the enactment of this Act, all employees of U.S. 
        Immigration and Customs Enforcement or U.S. Customs and Border 
        Protection who regularly interact with detained noncitizens, 
        supervise detention facility personnel, or review solitary 
        confinement or longer-term separation placements shall complete 
        supplemental training in the policies governing the use of 
        solitary confinement and longer-term separation required by 
        this Act.
    (d) Reporting Requirements.--
            (1) Daily tracking of solitary confinement.--Each U.S. 
        Immigration and Customs Enforcement or U.S. Customs and Border 
        Protection facility shall submit a daily report to the Director 
        of U.S. Immigration and Customs Enforcement, the Commissioner 
        of U.S. Customs and Border Protection, and the Office of the 
        Principal Legal Advisor of the Department of Homeland Security 
        that identifies, with respect to the applicable day--
                    (A) any detained noncitizens who were placed in 
                solitary confinement or longer-term separation, 
                including--
                            (i) the rationale behind each such 
                        placement;
                            (ii) whether any exception listed in 
                        subsection (a) was used to justify placement in 
                        solitary confinement or increased restrictive 
                        conditions in solitary confinement was applied; 
                        and
                            (iii) any steps that were taken by facility 
                        personnel to seek alternatives to placing each 
                        individual noncitizen in solitary confinement 
                        or longer-term separation;
                    (B) the continued detention of any noncitizens in 
                longer-term separation, including--
                            (i) the number of days such noncitizens 
                        have been detained in longer-term separation; 
                        and
                            (ii) an explanation of the application of 
                        any exception listed in subsection (a) that was 
                        used to justify an adjustment to the 
                        noncitizen's time or conditions in longer-term 
                        separation; and
                    (C) the release of any detained noncitizens from 
                solitary confinement or longer-term separation.
            (2) Publication of use of solitary confinement.--The 
        Secretary, without revealing personally identifiable 
        information, shall publish online weekly updates regarding--
                    (A) the number of unique noncitizens placed or 
                remaining in solitary confinement or longer-term 
                separation at each U.S. Immigration and Customs 
                Enforcement and U.S. Customs and Border Protection 
                facility, disaggregated by race, age, gender identity, 
                documented mental health status, documented disability, 
                pregnancy or postpartum status, identification as 
                lesbian, gay, bisexual, transgender, intersex, or 
                gender nonconforming, length of time in solitary 
                confinement, type of housing unit, and length of time 
                in such housing unit; and
                    (B) any instances in which facility staff have 
                placed a detained noncitizen--
                            (i) in solitary confinement for more than 8 
                        hours; or
                            (ii) in longer-term separation for more 
                        than 7 days.
            (3) Internal review of data.--
                    (A) Weekly reviews.--The Director of the 
                appropriate Enforcement and Removal Operations field 
                office within U.S. Immigration and Custom Enforcement 
                and the Director of the appropriate field office within 
                U.S. Customs and Border Protection shall--
                            (i) on a weekly basis--
                                    (I) review the daily reports from 
                                each U.S. Immigration and Customs 
                                Enforcement and U.S. Customs and Border 
                                Protection facility under the 
                                Director's jurisdiction; and
                                    (II) certify, as appropriate, that 
                                each such facility is in compliance 
                                with this Act;
                            (ii) report any instances in which a U.S. 
                        Immigration and Customs Enforcement and U.S. 
                        Customs and Border Protection facility failed 
                        to comply, or is suspected of failing to 
                        comply, with this Act to the Office of 
                        Immigration Detention Ombudsman; and
                            (iii) direct any U.S. Immigration and 
                        Customs Enforcement and U.S. Customs and Border 
                        Protection facility that failed to comply, or 
                        is suspected of failing to comply, with this 
                        Act to immediately address any such failures to 
                        comply, including by immediately removing a 
                        detained noncitizen from solitary confinement 
                        or longer-term separation if the noncitizen's 
                        placement or continued detention in solitary 
                        confinement or longer term separation was not 
                        in compliance with this Act.
                    (B) Monthly reports.--The Office of Immigration 
                Detention Oversight shall--
                            (i) promptly review any reports received 
                        pursuant to subparagraph (A)(ii);
                            (ii) submit monthly reports to the Director 
                        of U.S. Immigration and Customs Enforcement and 
                        the Commissioner of U.S. Customs and Border 
                        Protection that identify areas of concern 
                        regarding particular cases or facilities that 
                        warrant further examination; and
                            (iii) publish such monthly reports on a 
                        publicly accessible website.

SEC. 4. REASSESSMENT OF DETAINED NONCITIZENS' MENTAL HEALTH.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary shall--
            (1) assemble a team of licensed mental health 
        professionals, which shall include licensed mental health 
        professionals who are not employed by the Department of 
        Homeland Security, to conduct a comprehensive mental health 
        reevaluation for each noncitizen held in longer-term separation 
        for more than 7 days (as of the date of enactment of this Act), 
        including a confidential, face-to-face, out-of-cell interview 
        by a licensed mental health professional; and
            (2) adjust the placement of each noncitizen based on the 
        results of such interview, in accordance with this Act.

SEC. 5. OVERSIGHT RESPONSIBILITIES.

    (a) In General.--Section 705 of the Homeland Security Act of 2002 
(6 U.S.C. 345) is amended by adding at the end the following:
    ``(c) Immigration Detention.--
            ``(1) Defined terms.--In this subsection, the terms `U.S. 
        Immigration and Customs Enforcement facility' and `U.S. Customs 
        and Border Protection facility' have the meaning given such 
        terms in section 2 of the Restricting Solitary Confinement in 
        Immigration Detention Act of 2024.
            ``(2) Internal reporting.--The Secretary shall ensure that 
        each U.S. Immigration and Customs Enforcement and U.S. Customs 
        and Border Protection facility provides multiple internal ways 
        for noncitizens and others to promptly report violations of 
        section 3 of the Restricting Solitary Confinement in 
        Immigration Detention Act of 2024 to the Office of Immigration 
        Detention Oversight and the Officer for Civil Rights and Civil 
        Liberties, including not less than 2 procedures for noncitizens 
        and others to report violations of section 3 of such Act to--
                    ``(A) an entity or office that--
                            ``(i) is not part of the facility; and
                            ``(ii) is able to receive and immediately 
                        forward reports to the Office of Immigration 
                        Detention Oversight and the Officer for Civil 
                        Rights and Civil Liberties, allowing the 
                        noncitizen to remain anonymous upon request; 
                        and
                    ``(B) the Office of Immigration Detention Oversight 
                and the Officer for Civil Rights and Civil Liberties in 
                a confidential manner, allowing the noncitizen to 
                remain anonymous upon request.
            ``(3) Notice to detained individuals.--The Secretary shall 
        ensure that each U.S. Immigration and Customs Enforcement and 
        U.S. Customs and Border Protection facility provides 
        noncitizens with--
                    ``(A) notice of how to report violations of section 
                4 of the Restricting Solitary Confinement in 
                Immigration Detention Act of 2024 in accordance with 
                paragraph (2), including--
                            ``(i) notice prominently posted in the 
                        living and common areas of each such facility;
                            ``(ii) individual notice to noncitizens at 
                        initial intake into a U.S. Immigration and 
                        Customs Enforcement and U.S. Customs and Border 
                        Protection facility, when transferred to a new 
                        facility, and when placed in solitary 
                        confinement and longer-term separation;
                            ``(iii) notice to noncitizens with 
                        disabilities in accessible formats; and
                            ``(iv) written or verbal notice in a 
                        language the noncitizen understands; and
                    ``(B) notice of permissible practices related to 
                solitary confinement in U.S. Immigration and Customs 
                Enforcement and U.S. Customs and Border Protection 
                facilities, including the requirements under section 3 
                of such Act.
            ``(4) Notice to oversight offices.--Not later than 24 hours 
        after the placement of a detained individual in solitary 
        confinement or longer-term separation, the Secretary shall 
        ensure that each U.S. Immigration and Customs Enforcement and 
        U.S. Customs and Border Protection facility notifies the Office 
        of the Immigration Detention Ombudsman and the Officer for 
        Civil Rights and Civil Liberties of such placement.
            ``(5) Access.--The Secretary shall ensure that the Officer 
        for Civil Rights and Civil Liberties--
                    ``(A) has unrestricted access to U.S. Immigration 
                and Customs Enforcement or U.S. Customs and Border 
                Protection facilities; and
                    ``(B) is able to review documents, request and 
                review information, and speak privately with 
                noncitizens, contractors, volunteers, U.S. Immigration 
                and Customs Enforcement facility staff, and U.S. 
                Customs and Border Protection facility staff.
            ``(6) Assessment of solitary confinement and longer-term 
        separation in immigration detention.--
                    ``(A) Annual assessment.--Not later than 90 days 
                after the last day of each fiscal year, the Officer for 
                Civil Rights and Civil Liberties and the Office of 
                Immigration Detention Ombudsman shall--
                            ``(i) analyze the use of solitary 
                        confinement and longer term separation in U.S. 
                        Immigration and Customs Enforcement and U.S. 
                        Customs and Border Protection facilities during 
                        such fiscal year;
                            ``(ii) submit a joint assessment containing 
                        the results of such analysis to the Committee 
                        on the Judiciary of the Senate, the Committee 
                        on Homeland Security and Governmental Affairs 
                        of the Senate, the Committee on the Judiciary 
                        of the House of Representatives, and the 
                        Committee on Homeland Security of the House of 
                        Representatives; and
                            ``(iii) publish such assessment on a 
                        publicly accessible website.
                    ``(B) Data.--Each assessment submitted pursuant to 
                subparagraph (A)(ii) shall include aggregated and 
                disaggregated data reported by U.S. Immigration and 
                Customs Enforcement and U.S. Customs and Border 
                Protection facilities, to be provided by U.S. 
                Immigration and Customs Enforcement and U.S. Customs 
                and Border Protection to the Officer for Civil Rights 
                and Civil Liberties not later than 30 days after the 
                last day of each fiscal year, including--
                            ``(i) the policies and regulations of U.S. 
                        Immigration and Customs Enforcement and U.S. 
                        Customs and Border Protection, including--
                                    ``(I) any changes in policies and 
                                regulations, for determining which 
                                noncitizens are placed in solitary 
                                confinement or longer-term separation; 
                                and
                                    ``(II) a detailed description of 
                                the conditions and restrictions of 
                                solitary confinement and longer-term 
                                separation;
                            ``(ii) the number of noncitizens in U.S. 
                        Immigration and Customs Enforcement and U.S. 
                        Customs and Border Protection facilities who 
                        were housed in solitary confinement or longer-
                        term separation for any period;
                            ``(iii) the percentage of all noncitizens 
                        who spent any time in solitary confinement or 
                        longer-term separation during the reporting 
                        period;
                            ``(iv) the demographics of all noncitizens 
                        housed in solitary confinement or longer-term 
                        separation, including race, ethnicity, 
                        religion, age, and gender;
                            ``(v) the policies and regulations of U.S. 
                        Immigration and Customs Enforcement and U.S. 
                        Customs and Border Protection facilities, 
                        including any updates in policies and 
                        regulations, for subsequent reviews or appeals 
                        of the placement of a detained noncitizen into 
                        or out of solitary confinement or longer-term 
                        separation;
                            ``(vi) the number of reviews of and 
                        challenges to the placement of a detained 
                        noncitizen in solitary confinement or longer-
                        term separation during the reporting period and 
                        the number of such reviews or appeals that 
                        directly resulted in a change of placement;
                            ``(vii) a detailed description of the 
                        conditions and restrictions for solitary 
                        confinement and longer-term separation, 
                        including--
                                    ``(I) the number of hours spent in 
                                isolation; and
                                    ``(II) the percentage of time such 
                                conditions involved 2 noncitizens who 
                                were placed together in solitary 
                                confinement;
                            ``(viii) the mean and median length of stay 
                        in solitary confinement or longer-term 
                        separation, based on all individuals released 
                        from solitary confinement or longer-term 
                        separation during the reporting period, and any 
                        maximum length of stay during the reporting 
                        period;
                            ``(ix) the cost of each form of solitary 
                        confinement and longer-term separation 
                        described in subparagraph (A) in use during the 
                        reporting period, including a comparison with 
                        the average daily cost of housing a detained 
                        noncitizen in the general population;
                            ``(x) the policies for mental health 
                        screening, mental health treatment, and 
                        subsequent mental health reviews for all 
                        detained noncitizens, including--
                                    ``(I) any update to such policies; 
                                and
                                    ``(II) any additional screening, 
                                treatment, and monitoring for detained 
                                noncitizens in solitary confinement or 
                                longer-term separation;
                            ``(xi) a statement of the types of mental 
                        health staff that conducted mental health 
                        assessments for U.S. Immigration and Customs 
                        Enforcement and U.S. Customs and Border 
                        Protection facilities during the reporting 
                        period;
                            ``(xii) a description of the different 
                        positions in the mental health staff of U.S. 
                        Immigration and Customs Enforcement and U.S. 
                        Customs and Border Protection facilities;
                            ``(xiii) the number of part- and full-time 
                        psychologists and psychiatrists employed by 
                        U.S. Immigration and Customs Enforcement and 
                        U.S. Customs and Border Protection facilities 
                        during the reporting period;
                            ``(xiv) data on mental health and medical 
                        indicators for all detained noncitizens in 
                        solitary confinement or longer-term separation 
                        including--
                                    ``(I) the number of noncitizens 
                                requiring medication for mental health 
                                conditions;
                                    ``(II) the number diagnosed with an 
                                intellectual disability;
                                    ``(III) the number diagnosed with 
                                serious mental illness;
                                    ``(IV) the number of suicides;
                                    ``(V) the number of deaths;
                                    ``(VI) the number of attempted 
                                suicides by unique noncitizens and the 
                                number of unique noncitizens placed on 
                                suicide watch;
                                    ``(VII) the number of instances of 
                                self-harm committed by unique 
                                noncitizens;
                                    ``(VIII) the number of noncitizens 
                                with physical disabilities, including 
                                blind, deaf, and mobility-impaired 
                                noncitizens; and
                                    ``(IX) the number of instances of 
                                forced feeding of noncitizens;
                            ``(xv) any instances in which the Director 
                        of an Enforcement and Removal Operations field 
                        office reported that a U.S. Immigration and 
                        Customs Enforcement facility in their 
                        jurisdiction failed to comply with, or was 
                        suspected of failing to comply with, any 
                        provision of the Restricting Solitary 
                        Confinement in Immigration Detention Act of 
                        2024 or a Director of an Office of Field 
                        Operations reported that a U.S. Customs and 
                        Border Protection facility in their 
                        jurisdiction failed to comply with, or was 
                        suspected of failing to comply with, the 
                        Restricting Solitary Confinement in Immigration 
                        Detention Act of 2024; and
                            ``(xvi) any other relevant data.
                    ``(C) Content.--Each assessment submitted pursuant 
                to subparagraph (A)(ii) shall include--
                            ``(i) an analysis of the data described in 
                        subparagraph (B);
                            ``(ii) recommendations for reform offered 
                        to the Director of U.S. Immigration and Customs 
                        Enforcement, the Commissioner of U.S. Customs 
                        and Border Protection, and the Secretary 
                        pursuant to paragraph (6); and
                            ``(iii) the response from U.S. Immigration 
                        and Customs Enforcement, U.S. Customs and 
                        Border Protection, and the Department to such 
                        recommendations for reform.
                    ``(D) Authority on final report.--Each assessment 
                submitted pursuant to subparagraph (A)(ii) may be 
                reviewed by U.S. Immigration and Customs Enforcement, 
                U.S. Customs and Border Protection, and the Secretary 
                before submission, but the Officer for Civil Rights and 
                Civil Liberties and the Office of Immigration Detention 
                Ombudsman has final authority with respect to the text 
                and the release of such assessment.
            ``(7) Regular meetings with the secretary, the director of 
        u.s. immigration and customs enforcement, and the commissioner 
        of u.s. customs and border protection.--The Officer for Civil 
        Rights and Civil Liberties and the Office of Immigration 
        Detention Ombudsman shall meet regularly with the Secretary and 
        the Director of U.S. Immigration and Customs Enforcement and 
        the Commissioner of U.S. Customs and Border Protection--
                    ``(A) to identify problems with the solitary 
                confinement and longer-term separation policies and 
                practices in U.S. Immigration and Customs Enforcement 
                and U.S. Customs and Border Protection facilities, 
                including the overuse of solitary confinement and 
                longer-term separation; and
                    ``(B) to present recommendations for such 
                administrative action as may be appropriate to resolve 
                problems relating to solitary confinement and longer-
                term separation policies and practices in U.S. 
                Immigration and Customs Enforcement and U.S. Customs 
                and Border Protection facilities.''.
    (b) Annual Report.--Not later than December 31 of each year, the 
Inspector General of the Department of Homeland Security shall post a 
report on a publicly accessible website that analyzes--
            (1) the use of solitary confinement and longer-term 
        separation in U.S. Immigration and Customs Enforcement and U.S. 
        Customs and Border Protection facilities; and
            (2) the Department's compliance with this Act and the 
        amendments made by this Act.

SEC. 6. PRIVATE CAUSE OF ACTION.

    (a) Civil Action for Injury.--Any person who is injured by a 
violation of section 3 may bring a civil action in the appropriate 
United States district court against any person, entity, or other 
relevant party who violated such section for--
            (1) declaratory and injunctive relief, including directing 
        the closure of the facility, building, or unit where the 
        violation took place if such facility, building, or unit is in 
        repeated and systemic noncompliance with such section; and
            (2) such money damages as the court determines appropriate, 
        including damages for emotional pain and suffering.
    (b) Additional Awards.--In a civil action brought pursuant to 
subsection (a), the court, in addition to any other relief awarded 
under such subsection, may award reasonable attorney's fees and costs 
of the action to the prevailing plaintiff.
    (c) Civil Action for Constitutional Violation.--
            (1) In general.--Any person who is injured by any action by 
        a Federal official or a person contracting with a Federal 
        agency in a Federal facility, in violation of the Constitution 
        of the United States, may bring a civil action in the 
        appropriate United States district court against such official, 
        person, or agency for--
                    (A) declaratory and injunctive relief, including 
                directing the closure of the facility, building, or 
                unit where the violation took place; and
                    (B) such money damages as the court determines 
                appropriate, including damages for emotional pain and 
                suffering.
            (2) Additional awards.--In an action filed pursuant to 
        paragraph (1), the court, in addition to any other relief 
        awarded under such paragraph, may award reasonable attorney's 
        fees and costs of the action to the prevailing plaintiff.

SEC. 7. RULEMAKING.

    The Secretary, the Director of U.S. Immigration and Customs 
Enforcement, and the Commissioner of U.S. Customs and Border Protection 
shall prescribe rules, in accordance with section 553 of title 5, 
United States Code, to carry out this Act and the amendments made by 
this Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary such sums 
as may be necessary to carry out this Act and the amendments made by 
this Act.

SEC. 9. EFFECTIVE DATE.

    Except as otherwise provided, this Act and the amendments made by 
this Act shall take effect on the date that is 18 months after the date 
of the enactment of this Act.
                                 <all>