[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6839 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6839
To provide for improvements in the treatment of detained persons, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 15, 2023
Mr. Foster (for himself, Mrs. Ramirez, Mr. Johnson of Georgia, and Ms.
Norton) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for improvements in the treatment of detained persons, 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 ``Immigrant Detained Persons Legal
Rights Act''.
SEC. 2. OFFICE OF LEGAL ACCESS PROGRAMS.
(a) Establishment of Office of Legal Access Programs.--The Attorney
General shall establish and maintain, within the Executive Office for
Immigration Review, an Office of Legal Access Programs to develop and
administer a system of legal orientation programs to make immigration
proceedings more efficient and cost-effective by educating noncitizens
regarding administrative procedures and legal rights under United
States immigration law and to establish other programs to assist in
providing noncitizens access to legal information. The Attorney General
shall submit a plan to Congress not later than 180 days after the
enactment of this Act including a schedule to develop and deploy legal
orientation programs for all detained persons not later than 1 year
after the enactment of this Act. The Attorney General shall seek input
from nongovernmental organizations and stakeholders in developing this
plan.
(b) Legal Orientation Programs.--The legal orientation programs--
(1) shall provide programs to assist noncitizens in or
released from custody in making informed and timely decisions
regarding their removal and eligibility for relief from removal
in order to increase efficiency and reduce costs in immigration
proceedings and Federal custody processes and to improve access
to counsel and other legal services;
(2) shall ensure that programs and written notice of rights
are available in English and the five most common native
languages spoken by the detained persons held in custody at
that location during the preceding fiscal year;
(3) shall identify unaccompanied noncitizen children,
noncitizens with a serious mental disability, and other
particularly vulnerable noncitizens for consideration by the
Attorney General pursuant to section 292(c) of the Immigration
and Nationality Act, as added by section 3502(c); and
(4) may provide services to noncitizens in immigration
proceedings under sections 235, 238, 240, and 241(a)(5) of the
Immigration and Nationality Act (8 U.S.C. 1225, 1228, 1229a,
and 1231(a)(5)) and to other noncitizens in immigration and
asylum proceedings under sections 235, 238, and 240 of the
Immigration and Nationality Act (8 U.S.C. 1225, 1228, and
1229a).
(c) Procedures.--The Secretary of Homeland Security, in
consultation with the Attorney General, shall establish procedures that
ensure that legal orientation programs are available for all
noncitizens in or released from custody within 5 days of arrival into
custody and to inform such noncitizens of the basic procedures of
immigration hearings, their rights relating to those hearings under the
immigration laws, information that may deter such noncitizens from
filing frivolous legal claims, and any other information deemed
appropriate by the Attorney General, such as a contact list of
potential legal resources and providers.
(d) Rule of Construction.--Nothing in this subsection shall be
construed to create any substantive or procedural right or benefit that
is legally enforceable by any party against the United States or its
agencies or officers or any other person.
(e) Funding.--There shall be appropriated such sums as may be
necessary to carry out this section.
<all>