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Dignity for Detained Immigrants: New Detention Standards and Rights

This act establishes new, mandatory standards for immigrant detention facilities to improve conditions and protect the rights of detainees. It enhances oversight and transparency, and modifies detention and release procedures, emphasizing alternatives to detention. Citizens will have better access to information about detainees and the ability to seek redress for standard violations.
Key points
Mandatory Detention Standards: All detention facilities must meet specific standards, based on American Bar Association guidelines, to ensure better conditions and protection of detainee rights.
Increased Oversight and Transparency: Regular, unannounced inspections of detention facilities, public reports on inspections, and information on deaths in custody will increase accountability and data access.
Phase-Out of Private Detention Facilities: Within three years, all immigrant detention facilities must be government-owned and operated, removing profit motives from detention.
Prohibition on Child Detention and Solitary Confinement: The act prohibits holding individuals under 18 in ICE facilities and bans solitary confinement for all detainees.
Easier Release and Alternatives to Detention: A presumption of release is introduced, and detention decisions will require justification. A community-based case management program will offer support as an alternative to detention, especially for vulnerable individuals and primary caregivers.
Right to Sue: Individuals harmed by violations of detention standards will be able to pursue legal action, enhancing their legal protection.
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Additional Information
Print number: 117_HR_2222
Sponsor: Rep. Jayapal, Pramila [D-WA-7]
Process start date: 2021-03-26