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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
Restricting Solitary Confinement in Immigration Detention Act of 2024
Print number: S 4119
Sponsor: Sen. Durbin, Richard J. [D-IL]
Process start date: 2024-04-15