G:\M\15\JAYAPA\JAYAPA_085.XML

.....................................................................
(Original Signature of Member)

H. R. ll

115TH CONGRESS
2D SESSION

To prohibit the expansion of immigration detention facilities, to improve
the oversight of such facilities, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
Ms. JAYAPAL introduced the following bill; which was referred to the
Committee on llllllllllllll

A BILL
To prohibit the expansion of immigration detention facilities,
to improve the oversight of such facilities, and for other
purposes.
1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,
3

SECTION 1. SHORT TITLES.

4

This Act may be cited as the ‘‘Detention Oversight,

5 Not Expansion Act’’ or the ‘‘DONE Act’’.
6

SEC. 2. FINDINGS.

7

Congress makes the following findings:

g:\VHLC\051518\051518.429.xml
May 15, 2018 (3:16 p.m.)
VerDate 0ct 09 2002

15:16 May 15, 2018

Jkt 000000

(694711 3)
PO 00000

Frm 00001

Fmt 6652

Sfmt 6201

C:\USERS\SEFLEI~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JAYAPA~1.XM

 G:\M\15\JAYAPA\JAYAPA_085.XML

2
1

(1) Despite a significant decrease in border ap-

2

prehensions, the Federal immigrant detention sys-

3

tem expanded dramatically between 1994 and 2018,

4

with the average daily population of detained non-

5

citizens increasing from fewer than 7,000 during fis-

6

cal year 1994 to 39,322 during fiscal year 2018.

7

This population consisted of increasing numbers of

8

children and women, including pregnant women.

9

(2) U.S. Immigration and Customs Enforce-

10

ment (referred to in this section as ‘‘ICE’’) inspec-

11

tions of detention facilities are performed by field of-

12

fices, facility staff, or divisions within ICE head-

13

quarters and are not conducted by independent third

14

parties. Since the inspectors are not independent,

15

they often misrepresent conditions inside the facili-

16

ties and rarely impose consequences for violations.

17

For example, an outside review of 8 facilities con-

18

cluded that although ICE identified violations of

19

medical standards as contributing factors to deaths

20

in detention, routine ICE detention facility inspec-

21

tions before and even after the deaths failed to ac-

22

knowledge (and even dismissed) those violations.

23

(3) Multiple Federal oversight bodies, including

24

the Department of Homeland Security’s Office of

25

Inspector General, ICE’s Advisory Committee on

g:\VHLC\051518\051518.429.xml
May 15, 2018 (3:16 p.m.)
VerDate 0ct 09 2002

15:16 May 15, 2018

Jkt 000000

(694711 3)
PO 00000

Frm 00002

Fmt 6652

Sfmt 6201

C:\USERS\SEFLEI~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JAYAPA~1.XM

 G:\M\15\JAYAPA\JAYAPA_085.XML

3
1

Family Residential Centers, and the Government Ac-

2

countability Office, have documented poor conditions

3

and inhumane detainee treatment, including medical

4

negligence, in immigration detention facilities.

5

(4) Since 2003, more than 170 deaths have

6

been reported in immigration detention facilities, a

7

significant number of which resulted from egregious

8

violations of ICE medical care standards, which were

9

often overlooked during ICE inspections of facilities.

10

(5) The Department of Homeland Security Of-

11

fice for Civil Rights and Civil Liberties and the Of-

12

fice of Inspector General have received formal com-

13

plaints and numerous allegations of inadequate med-

14

ical care for pregnant women who are in custody in

15

such facilities.

16

(6) Responses by the Department of Homeland

17

Security to Freedom of Information Act requests

18

suggest that fewer than 3 percent of the claims of

19

sexual and physical abuse of detainees in such facili-

20

ties have been investigated by the Office of Inspector

21

General.

22

(7) Multiple Federal oversight bodies, including

23

the Homeland Security Advisory Council, have docu-

24

mented limited oversight and management account-

25

ability of immigration detention facilities, including

g:\VHLC\051518\051518.429.xml
May 15, 2018 (3:16 p.m.)
VerDate 0ct 09 2002

15:16 May 15, 2018

Jkt 000000

(694711 3)
PO 00000

Frm 00003

Fmt 6652

Sfmt 6201

C:\USERS\SEFLEI~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JAYAPA~1.XM

 G:\M\15\JAYAPA\JAYAPA_085.XML

4
1

a lack of reasonable inspections and deficient con-

2

tracting practices.

3

(8) Legal service providers allege that some im-

4

migration detention facilities have unreasonably re-

5

stricted legal visitation and access in violation of ap-

6

plicable requirements, raising serious due process

7

concerns.

8

(9) The Department of Homeland Security

9

seeks to vastly expand the immigration detention

10

system despite the availability of a wide array of

11

community-based alternatives to detention that pro-

12

vide a cheaper, more compassionate, rights respect-

13

ing response to migration.

14

(10) In June 2017, the Department of Home-

15

land Security terminated the Family Case Manage-

16

ment Program, an alternative to detention that—

17

(A) had proved far less expensive than de-

18

tention; and

19

(B) resulted in close to a 100 percent com-

20

pliance rate by participants.

21

SEC. 3. DEFINITIONS.

22

In this Act:

23

(1) APPROPRIATE

24

TEES.—The

25

mittees’’ means—

g:\VHLC\051518\051518.429.xml
May 15, 2018 (3:16 p.m.)
VerDate 0ct 09 2002

15:16 May 15, 2018

Jkt 000000

CONGRESSIONAL

COMMIT-

term ‘‘appropriate congressional com-

(694711 3)
PO 00000

Frm 00004

Fmt 6652

Sfmt 6201

C:\USERS\SEFLEI~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JAYAPA~1.XM

 G:\M\15\JAYAPA\JAYAPA_085.XML

5
1

(A) the Committee on Appropriations of

2

the Senate;

3

(B) the Committee on Homeland Security

4

and Governmental Affairs of the Senate;

5

(C) the Committee on the Judiciary of the

6

Senate;

7

(D) the Committee on Appropriations of

8

the House of Representatives;

9

(E) the Committee on Homeland Security

10

of the House of Representatives; and

11

(F) the Committee on the Judiciary of the

12

House of Representatives.

13

(2) EXPANSION.—The term ‘‘expansion’’—

14

(A) means the acquisition of any new con-

15

tract, contract addendum, modification, or rider

16

that would increase current immigration deten-

17

tion bed usage or activate existing unused im-

18

migration detention bed capacity for existing or

19

new contracts at any immigration detention fa-

20

cility, including—

21

(i) Bureau of Prison facilities;

22

(ii) contract detention facilities;

23

(iii) intergovernmental service agree-

24

ments;

25

(iv) service processing centers;

g:\VHLC\051518\051518.429.xml
May 15, 2018 (3:16 p.m.)
VerDate 0ct 09 2002

15:16 May 15, 2018

Jkt 000000

(694711 3)
PO 00000

Frm 00005

Fmt 6652

Sfmt 6201

C:\USERS\SEFLEI~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JAYAPA~1.XM

 G:\M\15\JAYAPA\JAYAPA_085.XML

6
1

(v) United States Marshals Service

2

intergovernmental agreements on which

3

U.S. Immigration and Customs Enforce-

4

ment is an authorized user; and

5

(vi) juvenile or family detention facili-

6

ties; and

7

(B) does not include improvements or ren-

8

ovations unrelated to the increase of current

9

immigration bed usage or activation of unused

10

immigration bed capacity.

11

(3) IMMIGRATION

DETENTION FACILITY.—The

12

term ‘‘immigration detention facility’’ means any

13

site at which U.S. Customs and Border Protection

14

or U.S. Immigration and Customs Enforcement

15

holds noncitizens in custody for any period.

16

SEC. 4. MORATORIUM ON EXPANSION OF IMMIGRATION DE-

17
18

TENTION FACILITIES.

(a) IN GENERAL.—The Secretary of Homeland Secu-

19 rity may not use any Federal funds for the construction
20 or expansion of immigration detention facilities.
21

(b) REPORTING.—Not later than 1 year after the

22 date of the enactment of this Act, the Secretary of Home23 land Security shall submit a report to Congress that con24 tains a detailed plan on—

g:\VHLC\051518\051518.429.xml
May 15, 2018 (3:16 p.m.)
VerDate 0ct 09 2002

15:16 May 15, 2018

Jkt 000000

(694711 3)
PO 00000

Frm 00006

Fmt 6652

Sfmt 6201

C:\USERS\SEFLEI~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JAYAPA~1.XM

 G:\M\15\JAYAPA\JAYAPA_085.XML

7
1

(1) how the number of immigration detention

2

beds will be decreased to 50 percent of the number

3

available as of the date of the enactment of this Act;

4

and

5

(2) how to implement community-based alter-

6

natives to detention, as a substitute for detention in

7

a facility, which is developed in consultation with

8

stakeholders, including nonprofit legal service pro-

9

viders, nonprofit shelter providers, and detention vis-

10

itation programs.

11

(c) NOTIFICATION.—

12

(1) IN

GENERAL.—If

the Secretary of Home-

13

land Security determines that more immigration de-

14

tention space will be needed, the Secretary, not later

15

than 60 days before such need, shall submit a writ-

16

ten justification of such need to the Chair and

17

Ranking Member of the appropriate congressional

18

committees.

19

(2) SAVINGS

PROVISION.—Nothing

in this sub-

20

section may be construed to authorize the use of

21

Federal funds to expand immigration detention fa-

22

cilities without explicit statutory authorization after

23

the date of the enactment of this Act.

24

(d) ENDING

A

CONTRACT.—If a facility is deemed

25 less than adequate in the 2 most recent inspections, au-

g:\VHLC\051518\051518.429.xml
May 15, 2018 (3:16 p.m.)
VerDate 0ct 09 2002

15:16 May 15, 2018

Jkt 000000

(694711 3)
PO 00000

Frm 00007

Fmt 6652

Sfmt 6201

C:\USERS\SEFLEI~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JAYAPA~1.XM

 G:\M\15\JAYAPA\JAYAPA_085.XML

8
1 dits, or investigations conducted by the Office of Inspector
2 General of the Department of Homeland Security pursu3 ant to section 5(a)(1), the Department of Homeland Secu4 rity shall not continue to contract with such facility.
5

SEC. 5. INCREASED OVERSIGHT OF IMMIGRATION DETEN-

6
7

TION FACILITIES.

(a) INSPECTIONS; AUDITS; INVESTIGATIONS.—In ad-

8 dition to exercising its responsibilities and duties estab9 lished by the Inspector General Act of 1978 (5 U.S.C.
10 App.), the Office of the Inspector General of the Depart11 ment of Homeland Security shall—
12

(1) conduct—

13

(A) unannounced annual inspections of im-

14

migration detention facilities;

15

(B) audits of immigration detention facili-

16

ties to ensure compliance with the national

17

standards established pursuant to the Violence

18

Against Women Reauthorization Act of 2013

19

(Public Law 113–4 and the Standards to Pre-

20

vent, Detect, and Respond to Sexual Abuse and

21

Assault in Confinement Facilities (79 Fed. Reg.

22

13099 et seq.; published by the Department of

23

Homeland Security on March 7, 2014); and

g:\VHLC\051518\051518.429.xml
May 15, 2018 (3:16 p.m.)
VerDate 0ct 09 2002

15:16 May 15, 2018

Jkt 000000

(694711 3)
PO 00000

Frm 00008

Fmt 6652

Sfmt 6201

C:\USERS\SEFLEI~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JAYAPA~1.XM

 G:\M\15\JAYAPA\JAYAPA_085.XML

9
1

(C) investigations focused on health, safe-

2

ty, and due process concerns at immigration de-

3

tention facilities, including—

4

(i) deaths in custody;

5

(ii) detainee access to medical and

6

mental health care, including pregnant

7

women and other vulnerable populations;

8

(iii) sexual assault and harassment;

9

and

10

(iv) compliance with legal visitation

11

and access requirements;

12

(2) measure inspections, audits, and investiga-

13

tions conducted pursuant to paragraph (1) against

14

the American Bar Association’s Civil Detention

15

Standards, in addition to the U.S. Immigration and

16

Customs Enforcement standards to which each facil-

17

ity is held;

18

(3) deliver a conclusion on adequacy at the con-

19

clusion of each inspection, audit, and investigation

20

conducted pursuant to paragraph (1); and

21

(4) make publicly available the results of the in-

22

spections, audits, and investigations conducted pur-

23

suant to paragraph (1) without compromising the

24

confidentiality of individuals who submitted com-

25

plaints.

g:\VHLC\051518\051518.429.xml
May 15, 2018 (3:16 p.m.)
VerDate 0ct 09 2002

15:16 May 15, 2018

Jkt 000000

(694711 3)
PO 00000

Frm 00009

Fmt 6652

Sfmt 6201

C:\USERS\SEFLEI~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JAYAPA~1.XM

 G:\M\15\JAYAPA\JAYAPA_085.XML

10
1

(b) CIVIL RIGHTS AND CIVIL LIBERTIES.—

2

(1) IN

Office for Civil Rights

3

and Civil Liberties of the Department of Homeland

4

Security shall conduct investigations of civil rights

5

and civil liberties complaints in immigration deten-

6

tion facilities in accordance with section 8I(f) of the

7

Inspector General Act of 1978 (5 U.S.C. App.).

8

(2) INFORMATION

REQUESTS.—Each

compo-

9

nent agency of the Department of Homeland Secu-

10

rity shall comply with all document and information

11

requests from the Office for Civil Rights and Civil

12

Liberties to facilitate investigations under this sec-

13

tion.

14

(c) REPORTING REQUIREMENTS.—

15

(1) OFFICE

OF INSPECTOR GENERAL.—The

In-

16

spector General of the Department of Homeland Se-

17

curity shall—

18

(A) not later than 60 days after any in-

19

spection, audit, or investigation, submit a re-

20

port to the appropriate congressional commit-

21

tees that summarizes the results pursuant to

22

subsection (a); and

23

(B) release aggregate data on complaints

24

lodged about or from an immigration detention

25

facility, actions taken in response to such com-

g:\VHLC\051518\051518.429.xml
May 15, 2018 (3:16 p.m.)
VerDate 0ct 09 2002

GENERAL.—The

15:16 May 15, 2018

Jkt 000000

(694711 3)
PO 00000

Frm 00010

Fmt 6652

Sfmt 6201

C:\USERS\SEFLEI~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JAYAPA~1.XM

 G:\M\15\JAYAPA\JAYAPA_085.XML

11
1

plaints, and investigation outcomes on its

2

website on a quarterly basis, without compro-

3

mising confidentiality.

4

(2) OFFICE

5

ERTIES.—The

6

erties shall—

OF CIVIL RIGHTS AND CIVIL LIB-

Officer for Civil Rights and Civil Lib-

7

(A) not later than 60 days after the con-

8

clusion of any investigation under subsection

9

(b), submit a report to Congress that summa-

10

rizes the results of the investigation; and

11

(B) release aggregate data on complaints

12

lodged about or from an immigration detention

13

facility, actions taken in response to such com-

14

plaints, and investigation outcomes on its

15

website on a quarterly basis, without compro-

16

mising confidentiality.

17

(d) AUTHORIZATION

OF

APPROPRIATIONS.—In addi-

18 tion to amount otherwise authorized to be appropriated
19 for such purposes, there is authorized to be appropriated
20 to the Department of Homeland Security, for each of the
21 fiscal years 2019 through 2027—
22

(1) $45,000,000 to conduct and report on the

23

inspections, audits, and investigations required

24

under subsection (a); and

g:\VHLC\051518\051518.429.xml
May 15, 2018 (3:16 p.m.)
VerDate 0ct 09 2002

15:16 May 15, 2018

Jkt 000000

(694711 3)
PO 00000

Frm 00011

Fmt 6652

Sfmt 6201

C:\USERS\SEFLEI~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JAYAPA~1.XM

 G:\M\15\JAYAPA\JAYAPA_085.XML

12
1
2

(2) $10,000,000 to conduct and report on the
investigations required under subsection (b).

g:\VHLC\051518\051518.429.xml
May 15, 2018 (3:16 p.m.)
VerDate 0ct 09 2002

15:16 May 15, 2018

Jkt 000000

(694711 3)
PO 00000

Frm 00012

Fmt 6652

Sfmt 6201

C:\USERS\SEFLEI~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JAYAPA~1.XM