[Congressional Record Volume 171, Number 133 (Friday, August 1, 2025)]
[Senate]
[Page S5305]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3527. Ms. WARREN submitted an amendment intended to be proposed by
her to the bill S. 2296, to authorize appropriations for fiscal year
2026 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title III, add the following:
SEC. 350. LIMITATION ON USE OF INSTALLATIONS OF DEPARTMENT OF
DEFENSE TO HOLD ALIENS.
(a) In General.--The Secretary of a military department may
not undertake an operation under which an installation of the
Department of Defense under the jurisdiction of the Secretary
is made available for holding aliens, regardless of the
authority under which the aliens are to be held, unless the
Secretary, not later than seven days after commencing the
operation--
(1) certifies to the Committees on Armed Services of the
Senate and the House of Representatives that the operation
does not undermine the budget, readiness, or morale of the
Department of Defense;
(2) provides a detailed explanation supporting the
certification under paragraph (1), including an explanation
of why the installation is involved in the operation; and
(3) makes the certification under paragraph (1) and the
explanation under paragraph (2) available to the public.
(b) Requirements for Holding Aliens.--For any installation
of the Department of Defense at which aliens are held at any
location, the Secretary of Defense shall--
(1) maintain a record locator system, with updates every 24
hours, listing the location where each alien is being held,
the date on which the alien was taken into custody, and the
age and gender of the alien;
(2) ensure detention standards applicable to facilities of
U.S. Immigration and Customs Enforcement are upheld at the
installation, regardless of whether the installation is
operated by a contractor, including by having the same or
greater access to visitation and phone calls by legal
representatives, legal assistants, and family;
(3) arrange inspections, not less frequently than monthly,
conducted by the Office of Inspector General of the
Department of Defense or another independent watchdog under
which the Inspector General, or other independent watchdog,
may physically access any portion of the installation where
aliens are held, interview aliens, and access official
records regarding the aliens; and
(4) train all personnel of the Department of Defense
stationed at the installation on--
(A) the Standing Rules for the Use of Force;
(B) restrictions on activities of such personnel related to
engagement in civilian law enforcement activities; and
(C) any other restrictions on interactions with aliens held
at the installation.
(c) Recourse.--Any individual or State harmed by a
violation of this section may bring an action in an
appropriate district court of the United States to obtain
appropriate injunctive relief.
(d) Alien Defined.--In this section, the term ``alien'' has
the meaning given that term in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101).
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