DONE Act

I 116TH CONGRESS 1ST SESSION H. R. 3906 To prohibit the expansion of immigration detention facilities, to improve the oversight of such facilities, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 23, 2019 Ms. JAYAPAL introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit the expansion of immigration detention facilities, to improve the oversight of such facilities, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLES. 3 This Act may be cited as the ‘‘Detention Oversight, 4 Not Expansion Act’’ or the ‘‘DONE Act’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 (1) Despite a significant decrease in border ap- 8 prehensions, the Federal immigrant detention sys- 9 tem expanded dramatically between 1994 and 2019, 10 VerDate Sep 11 2014 04:16 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3906.IH H3906 kjohnson on DSK79L0C42 with BILLS 2 •HR 3906 IH with the average daily population of detained non- 1 citizens increasing from fewer than 7,000 during fis- 2 cal year 1994 to approximately 48,000 during fiscal 3 year 2019. This population consists of increasing 4 numbers of children and women, including pregnant 5 women and asylum seekers. 6 (2) U.S. Immigration and Customs Enforce- 7 ment (referred to in this section as ‘‘ICE’’) inspec- 8 tions of detention facilities are performed by field of- 9 fices, facility staff, or divisions within ICE head- 10 quarters and are not conducted by qualified inde- 11 pendent third parties. Since the inspectors are not 12 independent, they often misrepresent conditions in- 13 side the facilities and rarely impose consequences for 14 violations. For example, an outside review of 8 facili- 15 ties concluded that although ICE identified viola- 16 tions of medical standards as contributing factors to 17 deaths in detention, routine ICE detention facility 18 inspections before and even after the deaths failed to 19 acknowledge (and even dismissed) those violations. 20 (3) Multiple Federal oversight bodies, including 21 the Department of Homeland Security’s Office of 22 Inspector General, ICE’s Advisory Committee on 23 Family Residential Centers, and the Government Ac- 24 countability Office, have documented poor conditions 25 VerDate Sep 11 2014 04:16 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3906.IH H3906 kjohnson on DSK79L0C42 with BILLS 3 •HR 3906 IH and inhumane detainee treatment, including medical 1 negligence, in immigration detention facilities. State 2 oversight bodies, including the Office of the Attorney 3 General of California, have also noted abuses at de- 4 tention centers within their borders. 5 (4) Since 2003, more than 170 deaths have 6 been reported in immigration detention facilities, a 7 significant number of which resulted from egregious 8 violations of ICE medical care standards, which were 9 often overlooked during ICE inspections of facilities. 10 Since the inauguration of President Trump, more 11 than 24 people have died in ICE custody. 12 (5) The Department of Homeland Security Of- 13 fice for Civil Rights and Civil Liberties and the Of- 14 fice of Inspector General have received formal com- 15 plaints and numerous allegations of inadequate med- 16 ical care for pregnant women who are in custody in 17 such facilities. 18 (6) Responses by the Department of Homeland 19 Security to Freedom of Information Act requests 20 suggest that fewer than 3 percent of the claims of 21 sexual and physical abuse of detainees in such facili- 22 ties have been investigated by the Office of Inspector 23 General. 24 VerDate Sep 11 2014 04:16 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3906.IH H3906 kjohnson on DSK79L0C42 with BILLS 4 •HR 3906 IH (7) Multiple Federal oversight bodies, including 1 the Homeland Security Advisory Council, have docu- 2 mented limited oversight and management account- 3 ability of immigration detention facilities, including 4 a lack of reasonable inspections and deficient con- 5 tracting practices. 6 (8) Some immigration detention facilities have 7 unreasonably restricted visitation and access by at- 8 torneys and community groups in violation of appli- 9 cable requirements, raising serious due process con- 10 cerns. 11 (9) The Department of Homeland Security 12 seeks to vastly expand the immigration detention 13 system despite the availability of a wide array of 14 community-based alternatives to detention that pro- 15 vide cheaper, more compassionate, rights-respecting 16 responses to migration. 17 (10) Although the Family Case Management 18 Program operated at a fraction of the cost of deten- 19 tion and resulted in nearly a 100 percent compliance 20 rate among participants, the Department of Home- 21 land Security terminated the program without pro- 22 viding any justification. 23 SEC. 3. DEFINITIONS. 24 In this Act: 25 VerDate Sep 11 2014 04:16 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3906.IH H3906 kjohnson on DSK79L0C42 with BILLS 5 •HR 3906 IH (1) APPROPRIATE CONGRESSIONAL COMMIT- 1 TEES.—The term ‘‘appropriate congressional com- 2 mittees’’ means— 3 (A) the Committee on Appropriations of 4 the Senate; 5 (B) the Committee on Homeland Security 6 and Governmental Affairs of the Senate; 7 (C) the Committee on the Judiciary of the 8 Senate; 9 (D) the Committee on Appropriations of 10 the House of Representatives; 11 (E) the Committee on Homeland Security 12 of the House of Representatives; and 13 (F) the Committee on the Judiciary of the 14 House of Representatives. 15 (2) EXPANSION.—The term ‘‘expansion’’— 16 (A) means the acquisition of any new con- 17 tract, contract addendum, modification, or rider 18 that would increase current immigration deten- 19 tion bed usage or activate existing unused im- 20 migration detention bed capacity for existing or 21 new contracts at any immigration detention fa- 22 cility, including— 23 (i) Bureau of Prison facilities; 24 (ii) contract detention facilities; 25 VerDate Sep 11 2014 04:16 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3906.IH H3906 kjohnson on DSK79L0C42 with BILLS 6 •HR 3906 IH (iii) intergovernmental service agree- 1 ments; 2 (iv) service processing centers; 3 (v) United States Marshals Service 4 intergovernmental agreements on which 5 U.S. Immigration and Customs Enforce- 6 ment is an authorized user; and 7 (vi) juvenile or family detention facili- 8 ties; and 9 (B) does not include improvements or ren- 10 ovations unrelated to the increase of current 11 immigration bed usage or activation of unused 12 immigration bed capacity. 13 (3) IMMIGRATION DETENTION FACILITY.—The 14 term ‘‘immigration detention facility’’ means any 15 site at which U.S. Immigration and Customs En- 16 forcement holds noncitizens in custody for any pe- 17 riod. 18 SEC. 4. MORATORIUM ON EXPANSION OF IMMIGRATION DE- 19 TENTION FACILITIES. 20 (a) IN GENERAL.—The Secretary of Homeland Secu- 21 rity may not use any Federal funds for the construction 22 or expansion of immigration detention facilities. 23 (b) REPORTING.—Not later than 1 year after the 24 date of the enactment of this Act, the Secretary of Home- 25 VerDate Sep 11 2014 04:16 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3906.IH H3906 kjohnson on DSK79L0C42 with BILLS 7 •HR 3906 IH land Security shall submit a report to the appropriate con- 1 gressional committees that contains a detailed plan on— 2 (1) how the number of immigration detention 3 beds will be decreased to 50 percent of the number 4 available during fiscal year 2018; and 5 (2) how to implement community-based alter- 6 natives to detention, as a substitute for detention in 7 a facility, which is developed in consultation with 8 stakeholders, including nonprofit legal service pro- 9 viders, nonprofit shelter providers, and detention vis- 10 itation programs. 11 (c) NOTIFICATION.— 12 (1) IN GENERAL.—If the Secretary of Home- 13 land Security determines that more immigration de- 14 tention space will be needed, the Secretary, not later 15 than 60 days before such anticipated need, shall 16 submit a written justification of such need to the 17 chair and ranking member of the appropriate con- 18 gressional committees. 19 (2) SAVINGS PROVISION.—Nothing in this sub- 20 section may be construed to authorize the use of 21 Federal funds to expand immigration detention fa- 22 cilities without explicit statutory authorization after 23 the date of the enactment of this Act. 24 VerDate Sep 11 2014 04:16 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3906.IH H3906 kjohnson on DSK79L0C42 with BILLS 8 •HR 3906 IH (d) ENDING A CONTRACT.—If a facility is deemed 1 less than adequate in the 2 most recent inspections, au- 2 dits, or investigations conducted by the Office of Inspector 3 General of the Department of Homeland Security pursu- 4 ant to section 5(a)(1), the Department of Homeland Secu- 5 rity may not continue to contract with such facility. 6 SEC. 5. INCREASED OVERSIGHT OF IMMIGRATION DETEN- 7 TION FACILITIES. 8 (a) INSPECTIONS; AUDITS; INVESTIGATIONS.—In ad- 9 dition to exercising its responsibilities and duties under 10 the Inspector General Act of 1978 (5 U.S.C. App.), the 11 Office of the Inspector General of the Department of 12 Homeland Security shall— 13 (1) conduct— 14 (A) unannounced periodic inspections of 15 immigration detention facilities not less fre- 16 quently than annually; 17 (B) audits of immigration detention facili- 18 ties to ensure compliance with the national 19 standards established under the Violence 20 Against Women Reauthorization Act of 2013 21 (Public Law 113–4) and the Standards to Pre- 22 vent, Detect, and Respond to Sexual Abuse and 23 Assault in Confinement Facilities (79 Fed. Reg. 24 13099 et seq.), which were published by the De- 25 VerDate Sep 11 2014 04:16 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3906.IH H3906 kjohnson on DSK79L0C42 with BILLS 9 •HR 3906 IH partment of Homeland Security on March 7, 1 2014; and 2 (C) investigations focused on health, safe- 3 ty, and due process concerns at immigration de- 4 tention facilities, including— 5 (i) deaths in custody; 6 (ii) detainee access to medical and 7 mental health care, including pregnant 8 women and other vulnerable populations; 9 (iii) sexual assault and harassment; 10 and 11 (iv) compliance with legal visitation 12 and access requirements; 13 (2) measure inspections, audits, and investiga- 14 tions conducted pursuant to paragraph (1) against 15 the American Bar Association’s Civil Detention 16 Standards, in addition to the U.S. Immigration and 17 Customs Enforcement standards to which each facil- 18 ity is held; 19 (3) deliver a conclusion on adequacy at the con- 20 clusion of each inspection, audit, and investigation 21 conducted pursuant to paragraph (1); and 22 (4) make publicly available the results of the in- 23 spections, audits, and investigations conducted pur- 24 suant to paragraph (1) without compromising the 25 VerDate Sep 11 2014 04:16 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3906.IH H3906 kjohnson on DSK79L0C42 with BILLS 10 •HR 3906 IH confidentiality of individuals who submitted com- 1 plaints. 2 (b) CIVIL RIGHTS AND CIVIL LIBERTIES.— 3 (1) IN GENERAL.—The Office for Civil Rights 4 and Civil Liberties of the Department of Homeland 5 Security shall conduct investigations of civil rights 6 and civil liberties complaints in immigration deten- 7 tion facilities in accordance with section 8I(f) of the 8 Inspector General Act of 1978 (5 U.S.C. App.). 9 (2) INFORMATION REQUESTS.—Each compo- 10 nent agency of the Department of Homeland Secu- 11 rity shall comply with all document and information 12 requests from the Office for Civil Rights and Civil 13 Liberties to facilitate investigations under this sec- 14 tion. 15 (c) REPORTING REQUIREMENTS.— 16 (1) OFFICE OF INSPECTOR GENERAL.—The In- 17 spector General of the Department of Homeland Se- 18 curity shall— 19 (A) not later than 60 days after any in- 20 spection, audit, or investigation, submit a re- 21 port to the appropriate congressional commit- 22 tees that summarizes the results, in accordance 23 with subsection (a); and 24 VerDate Sep 11 2014 04:16 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3906.IH H3906 kjohnson on DSK79L0C42 with BILLS 11 •HR 3906 IH (B) release aggregate data on its website 1 on a quarterly basis, without compromising con- 2 fidentiality, regarding— 3 (i) complaints lodged about or from 4 an immigration detention facility; 5 (ii) actions taken in response to such 6 complaints; and 7 (iii) investigation outcomes. 8 (2) OFFICE OF CIVIL RIGHTS AND CIVIL LIB- 9 ERTIES.—The Office for Civil Rights and Civil Lib- 10 erties of the Department of Homeland Security 11 shall— 12 (A) not later than 60 days after the con- 13 clusion of any investigation under subsection 14 (b), submit a report to the appropriate congres- 15 sional committees that summarizes the results 16 of the investigation; and 17 (B) release aggregate data on its website 18 on a quarterly basis, without compromising con- 19 fidentiality, regarding— 20 (i) complaints lodged about or from 21 an immigration detention facility; 22 (ii) actions taken in response to such 23 complaints; and 24 (iii) investigation outcomes. 25 VerDate Sep 11 2014 04:16 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3906.IH H3906 kjohnson on DSK79L0C42 with BILLS 12 •HR 3906 IH (d) AUTHORIZATION OF APPROPRIATIONS.—In addi- 1 tion to amount otherwise authorized to be appropriated 2 for such purposes, there is authorized to be appropriated 3 to the Department of Homeland Security, for each of the 4 fiscal years 2020 through 2028— 5 (1) $45,000,000 to conduct and report on the 6 inspections, audits, and investigations required 7 under subsection (a); and 8 (2) $10,000,000 to conduct and report on the 9 investigations required under subsection (b). 10 Æ VerDate Sep 11 2014 04:16 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H3906.IH H3906 kjohnson on DSK79L0C42 with BILLS