H.R. 5941 — Restoring Access for Detainees Act

This section states the sense of Congress that (1) individuals in civil immigration detention require access to counsel for legal needs and to maintain family ties; (2) existing communication options in detention are inadequate, particularly for indigent detainees or those seeking legal representation; (3) a free telephone service program instituted in April 2020—providing up to 520 minutes per month during the COVID-19 emergency—was halted in 2024 due to lack of funding; and (4) a portion of additional funding provided to U.S. Immigration and Customs Enforcement under section 100052 of P.L. 119-21 (the "One Big Beautiful Bill Act") should be reserved to restore the program.

This section defines two terms for purposes of the Act: (1) "communication" as the exchange of information through a phone call, email, video, or any other form of electronic communication; and (2) "custody," with respect to an alien, as a situation in which the alien is not free to leave, regardless of whether the detaining agency is a Federal, State, or local official or any contractors or subcontractors of a Federal agency (including the U.S. military), and including legal or physical custody.

This section requires the Department of Homeland Security (DHS) to provide, at federal expense, free communications to aliens in custody, including (1) at least one 10-minute communication with an immediate family member during the first five hours of custody and the five-hour period upon arrival at a new location, with continued attempts if unsuccessful; (2) at least 200 free outgoing minutes per month to family members; (3) during initial custody periods and upon new arrivals, private communication opportunities with legal counsel, potential counsel, consulates, or detention oversight officials (i.e., Immigration Detention Ombudsman, DHS Inspector General, or DHS Office for Civil Rights and Civil Liberties); and (4) unlimited free minutes to legal representatives, oversight officials, Executive Office for Immigration Review, Board of Immigration Appeals, immigration courts, federal or state courts, United Nations High Commissioner for Refugees, government offices for immigration documents, and ICE Office of Professional Responsibility Joint Intake Center. The section further directs the DHS Secretary to establish protocols preventing dissuasion or retaliation against detainees accessing these communications or making additional paid calls; authorizes detention facilities to impose consistent time, place, and manner restrictions (provided to detainees upon arrival and publicly available, without limits on legal communication duration or counting incoming calls toward free minutes); and mandates confidentiality for specified communications (i.e., unmonitored and in private spaces absent a court warrant).