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Restricting Solitary Confinement: New Rules for Immigration Detention Facilities

This Act severely limits the use of solitary confinement and longer-term separation for noncitizens held in immigration detention facilities (ICE/CBP). The goal is to protect the mental and physical health of detainees, especially vulnerable populations like those with serious mental illness, disabilities, pregnant individuals, or youth under 25. The legislation introduces strict time limits, mandatory mental health screenings, and new oversight mechanisms, including the right for injured individuals to file a civil lawsuit.
Key points
Solitary confinement is strictly limited to a maximum of 8 hours within a 24-hour period and 16 hours within a 7-day period, only permissible for immediate, substantial threats.
Vulnerable populations (e.g., those with serious mental illness, intellectual disabilities, pregnant individuals, or those under 25) are generally prohibited from being placed in solitary confinement.
Longer-term separation is limited to 7 consecutive days and requires a minimum of 10 hours of out-of-cell time daily, along with meaningful access to group activities and legal counsel.
Mandatory mental health evaluations by a licensed professional must occur within 6 hours of placement in longer-term separation, followed by weekly continuing evaluations.
The Act establishes a private right of action, allowing individuals injured by violations of these confinement rules to sue for damages and injunctive relief.
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Additional Information
Print number: 118_S_4119
Sponsor: Sen. Durbin, Richard J. [D-IL]
Process start date: 2024-04-15
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Summarized by: gemini-flash-latest
Source data: api.congress.gov
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OFFICIAL LEGAL TITLE

Restricting Solitary Confinement in Immigration Detention Act of 2024

FREQUENTLY ASKED QUESTIONS

What is the official ID of this bill?

The official print number for this legislation is 118_S_4119.

Which chamber initiated this legislation?

This legislation was initiated in the Senate.

When did the legislative process begin?

The process officially started on 2024-04-15.

What are the main provisions?

Key points include:

  • Solitary confinement is strictly limited to a maximum of 8 hours within a 24-hour period and 16 hours within a 7-day period, only permissible for immediate, substantial threats.
  • Vulnerable populations (e.g., those with serious mental illness, intellectual disabilities, pregnant individuals, or those under 25) are generally prohibited from being placed in solitary confinement.
  • Longer-term separation is limited to 7 consecutive days and requires a minimum of 10 hours of out-of-cell time daily, along with meaningful access to group activities and legal counsel.
  • Mandatory mental health evaluations by a licensed professional must occur within 6 hours of placement in longer-term separation, followed by weekly continuing evaluations.
  • The Act establishes a private right of action, allowing individuals injured by violations of these confinement rules to sue for damages and injunctive relief.
What is the specific legal status?

The current status is Expired.

Where can I read the full text of this legislation?

The full official text is available at: View full text

Who is the primary sponsor?

The primary sponsor is Sen. Durbin, Richard J. [D-IL].

What is the latest detailed status?

The latest detailed status is: Introduced in Senate

Is this summary verified?

Yes. This content was analyzed by AI and verified by the Lustra Judge System on 2025-12-26.

CATEGORIES

Migration Courts and Law Health