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Alternatives to Detention Act of 2021
12/31/2022, 8:59 AM
Summary of Bill HR 5347
The Alternatives to Detention Act of 2021 proposes the use of community-based alternatives to detention, such as electronic monitoring, case management, and community support services, as a more cost-effective and humane way to ensure that individuals comply with immigration proceedings. The bill also emphasizes the importance of due process and the protection of individuals' rights while in immigration proceedings.
Additionally, the bill includes provisions for the establishment of pilot programs to test the effectiveness of alternative detention methods and requires regular reporting and evaluation of these programs. It also calls for increased oversight and accountability measures to ensure that individuals are treated fairly and humanely while in immigration proceedings. Overall, the Alternatives to Detention Act of 2021 aims to reform the current immigration detention system by providing more humane and cost-effective alternatives to detention, while also ensuring that individuals' rights are protected and due process is upheld.
Congressional Summary of HR 5347
Alternatives to Detention Act of 2021
This bill requires the Department of Homeland Security (DHS) to establish programs that are alternatives to detention for immigration enforcement and addresses related issues.
Such programs must be available regardless of whether an alien is subject to a removal order or whether a charge of removability is pending, but shall not be available to certain aliens, such as those subject to mandatory detention.
DHS or an immigration judge must determine, within 72 hours of an individual being taken into custody for immigration enforcement, the appropriate level of supervision for the individual and whether the individual may participate in such an alternative program. For a member of a vulnerable population (such as a victim of trafficking) or a caregiver (such as a parent of a minor), there must be a presumption that such an individual must be placed in a community-based supervision program.
DHS must restore the Family Case Management Program as an alternative to detention. This program must provide community supervision and community support services through a contract with a nongovernmental organization.
DHS must establish a Coordinator of Alternatives to Detention position.
The Government Accountability Office must report on the use and effectiveness of the programs established under this bill.
