Dignity for Detained Immigrants Act

Summary#

This bill would set national standards for places where noncitizens are held by the Department of Homeland Security (DHS). The Secretary of Homeland Security must write rules within 1 year that at least meet the American Bar Association's Civil Immigration Detention Standards. The bill requires regular updates and annual unannounced in-person inspections by the DHS Inspector General, with inspection reports posted online. Facilities that fail to meet standards face fines, required remedial steps, transfers of detainees, contract termination, or suspension of use depending on the situation.

The bill would require public monthly facility information (a facilities matrix) and faster updates to the DHS online detainee locator. It requires notification and investigations after any detainee death, including a public report and an Inspector General review. The bill bans solitary confinement, requires indoor climate-controlled visitor screening areas, and guarantees access to legal orientation programs and confidential contact with legal counsel. It creates a community-based case management program as an alternative to detention and bars electronic monitoring (like ankle monitors) from those programs. The bill phases out for-profit detention contracts and requires that facilities be owned and operated by DHS or nonprofits after 3 years. It also allows detained individuals injured by standard violations to sue in federal court for damages and fees.

The bill changes detention procedures in the Immigration and Nationality Act: it requires quick custody decisions (initial custody determination within 48 hours and a hearing within 72 hours), establishes a presumption of release that DHS must rebut with clear and convincing evidence, mandates regular de novo custody hearings (first within 30 days after enactment and then every 60 days), shortens certain removal detention time frames, and prohibits ICE from detaining anyone under 18 years old.

What it means for you#

• If you are detained: the bill would require faster custody decisions, regular review of detention, access to legal orientation and confidential contact with counsel, a ban on solitary confinement, and public information about your facility and status in DHS systems.
• If you are detained and harmed by a standards violation: you could bring a federal civil claim for injunctive relief and money damages, and recover attorney fees if you prevail.
• If you run or contract with detention facilities: for-profit detention contracts must end within 3 years, and facilities will be subject to new standards, inspections, fines, and possible contract termination and detainee transfers for noncompliance.
• For the public and Congress: DHS must publish facility data monthly and allow Members of Congress to visit facilities for oversight without advance notice.

Expenses#

No publicly available information.

Proponents' View#

The bill states that detention harms children and should be avoided. It sets out steps to improve detainee conditions, increase transparency and oversight, phase out for-profit detention, expand community-based alternatives, and ensure access to legal help. Sponsors seek to require public reporting, regular inspections, and remedies for facilities that fail to meet standards.

Opponents' View#

No publicly available information.