[Congressional Record Volume 170, Number 65 (Monday, April 15, 2024)]
[Senate]
[Pages S2742-S2746]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself and Mr. Schatz):
  S. 4119. A bill to limit the use of solitary confinement and other 
forms of restrictive housing in immigration detention, and for other 
purposes; to the Committee on the Judiciary.
  Mr. DURBIN. Madam President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 4119

       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

[[Page S2743]]

     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;

[[Page S2744]]

       (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;
       ``(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--

[[Page S2745]]

       ``(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.

[[Page S2746]]

  


     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.
                                 ______