[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1778 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1778
To prohibit transfers of individuals between ICE facilities and
Federal, State, and local facilities, to ensure physical distancing
inside ICE facilities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 20, 2021
Mr. Bennet (for himself, Ms. Warren, and Mr. Blumenthal) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To prohibit transfers of individuals between ICE facilities and
Federal, State, and local facilities, to ensure physical distancing
inside ICE facilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Transfers of Detained Immigrants
Act''.
SEC. 2. LIMITATION ON TRANSFERS FROM ICE DETENTION FACILITIES.
(a) Transfers Between ICE Facilities.--
(1) In general.--Except as provided in subsection (c), no
person in the custody of U.S. Immigration and Customs
Enforcement (referred to in this Act as ``ICE'') may be
transferred between ICE facilities during the period beginning
on the date of the enactment of this Act and ending on the date
on which the public health emergency declared by the Department
of Health and Human Services on January 27, 2020 has concluded.
(2) Determination of conclusion of public health
emergency.--For purposes of paragraph (1), the public health
emergency referred to in such paragraph shall be deemed to
conclude when the daily transmission rate of the novel
coronavirus (2019-nCoV) that causes COVID-19 has been
sufficiently contained so that the daily transmission rate of
the virus in the United States during the prior 2-week period
is at or below 1 per 1,500,000 individuals.
(3) Transfers described.--The restriction under subsection
(a)(1) shall apply to any transfer between any 2 ICE facilities
utilized for the purpose of civil immigration detention,
including--
(A) service processing centers;
(B) contract detention facilities;
(C) facilities operating under intergovernmental
service agreements (whether dedicated or nondedicated
with ICE);
(D) juvenile facilities; and
(E) family residential centers.
(b) Transfers Between Federal, State, or Local Facilities.--
(1) In general.--Except as provided in paragraph (2) or
subsection (c), an ICE officer may not apprehend or transfer
any individual to or from any ICE detention facility and--
(A) a Federal prison, including any facility
operated by the Bureau of Prisons or the United States
Marshals Service and any other facility used for the
detention of Federal prisoners;
(B) a detention facility operated by a State or
local law enforcement agency;
(C) a shelter or facility, whether permanent or
temporary in nature, housing unaccompanied minors in
the custody of the Office of Refugee Resettlement; or
(D) a State or local prison or jail.
(2) Requirements.--Notwithstanding paragraph (1), a medical
professional may authorize the transfer of an individual
between an ICE detention facility and a State or local prison
or jail if the medical professional--
(A) administers a COVID-19 test; and
(B) quarantines the individual in a nonpunitive
medical unit immediately before or after conducting the
transfer--
(i) for a period of 14 consecutive days; or
(ii) until the test comes back negative.
(3) Defined term.--As used in paragraph (2)(B), the term
``nonpunitive medical unit'' excludes any punitive holding
area, including isolation, solitary confinement, and
administrative segregation.
(c) Release of Detainees.--Nothing in subsections (a) and (b) may
be construed to prohibit--
(1) the transfer of any individual solely for the purpose
of necessary processing related to the individual's release
from custody; or
(2) the transfer of a minor from the custody of ICE to the
custody of the Office of Refugee Resettlement.
SEC. 3. PHYSICAL DISTANCING INSIDE ICE FACILITIES.
(a) In General.--If, at any time, the Department of Homeland
Security Office of the Inspector General, the Centers for Disease
Control and Prevention, State or local public health officials, court-
appointed investigators, or the Director of ICE determine that ICE
cannot ensure adherence to guidelines issued by the Centers for Disease
Control and Prevention to mitigate against the spread of COVID-19 at
any ICE facility, including maintaining physical distance between
individuals in custody at all times, due to population levels or
facility structures that necessitates housing and sleeping large groups
of people in a single room, the Director shall--
(1) immediately conduct a custody review of all the
individuals detained at such facility; and
(2) release all individuals who are determined eligible for
release, with priority given to individuals who are most
medically vulnerable to the effects of COVID-19.
(b) Effect of Failure To Maintain Physical Distancing.--If the
Director of ICE is unable to ensure physical distancing between all
individuals in ICE custody at all times by the end of the 30-day period
beginning on the date of the enactment of this Act, the Director
shall--
(1) immediately initiate a custody review of all the
individuals detained by ICE; and
(2) not later than 45 days after the date of the enactment
of this Act, release sufficient numbers of detainees to ensure
adherence to the guidelines issued by the Centers for Disease
Control and Prevention regarding physical distancing to
mitigate the spread of COVID-19.
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