Dignity for Detained Immigrants Act of 2023
12/15/2023, 4:07 PMSummary of Bill S 1208
Bill 118 s 1208, also known as the Dignity for Detained Immigrants Act of 2023, aims to improve the treatment of immigrants who are detained by the United States government. The bill seeks to address concerns about the conditions in which immigrants are held while awaiting immigration proceedings.One key provision of the bill is the requirement for the Department of Homeland Security to establish standards for the treatment of detained immigrants. These standards would cover a range of issues, including access to medical care, nutrition, and hygiene. The bill also calls for increased oversight of detention facilities to ensure that these standards are being met.
Additionally, the Dignity for Detained Immigrants Act of 2023 includes provisions aimed at improving access to legal representation for detained immigrants. The bill calls for the establishment of a program to provide legal assistance to immigrants who are unable to afford representation. This is intended to ensure that immigrants have a fair chance to present their case in immigration court. Overall, the Dignity for Detained Immigrants Act of 2023 seeks to uphold the rights and dignity of immigrants who are detained by the US government. By establishing standards for treatment and improving access to legal representation, the bill aims to ensure that immigrants are treated fairly and humanely while in detention.
Congressional Summary of S 1208
Dignity for Detained Immigrants Act of 2023
This bill directs the Department of Homeland Security (DHS) to establish standards for facilities holding non-U.S. nationals (aliens under federal law) in its custody, phases out using non-DHS facilities for such purposes, and addresses related issues.
The standards must comply with the American Bar Association's Civil Immigration Detention Standards. The DHS Office of Inspector General (OIG) must conduct periodic unannounced inspections of each facility and take various actions against noncompliant facilities, including imposing fines, cancelling contracts, and closing facilities.
DHS must report to Congress any death of an individual in its custody within 24 hours and conduct an investigation within 30 days that identifies policy changes that could reduce the likelihood of such a death.
DHS may not contract with third parties to operate detention facilities or alternatives to detention programs and must terminate existing contracts within three years of the bill's enactment.
The bill establishes that OIG facility inspection reports and contracts for an outside entity to operate a detention facility are records available to the public under the Freedom of Information Act.
DHS must maintain certain information relating to immigration-related detention, including the detained individual's location and whether the individual was separated from family.
The bill provides for various requirements and procedures related to immigration-related detention, including (1) prohibiting DHS from detaining children, (2) imposing a presumption that a detained individual should be released, and (3) establishing that individuals in custody shall be subject to the least restrictive conditions. The bill also abolishes mandatory detention for asylum seekers.
