Immigrant Detention Reform: New Standards, Phasing Out Private Jails, and Solitary Ban.
This bill mandates strict new standards for all immigrant detention facilities, requiring annual unannounced inspections and imposing severe penalties, including contract termination, for facilities that fail to protect detainees' health or rights. Crucially, it phases out the use of private, for-profit detention centers and local jails within three years, while establishing a presumption of release and expanding community-based alternatives to detention. The act also prohibits solitary confinement and the detention of minors in ICE facilities.
Key points
Private, for-profit detention facilities and local jails must cease detaining immigrants within three years.
New minimum standards for all detention facilities, based on American Bar Association guidelines, must be implemented and regularly updated.
Detention of children (under 18) in ICE facilities is prohibited, and solitary confinement is banned for all detainees.
Custody determinations now include a presumption of release; detention is only allowed if clear evidence shows the person is a flight risk or a danger to the community.
Expired
Additional Information
Print number: 118_S_1208
Sponsor: Sen. Booker, Cory A. [D-NJ]
Process start date: 2023-04-19