H.R. 7190 — To end detention and electronic monitoring, and redirect funding to community-based wrap-around services.

This section requires the Secretary of Homeland Security to release on their own recognizance all noncitizens detained by the department not later than six months after enactment. The section further (1) repeals clauses (ii) and (iii)(IV) of INA §235(b)(1)(B) (8 U.S.C. 1225(b)(1)(B)), which provide for credible fear and reasonable fear interviews during expedited removal of arriving aliens, and repeals subparagraphs (A), (B), and (C) of INA §235(b)(2), which require detention during expedited removal absent credible fear; (2) repeals INA §236 (8 U.S.C. 1226) in its entirety, which authorizes apprehension and detention of noncitizens pending a decision on removability; (3) strikes INA §241(a) (8 U.S.C. 1231(a)), which generally requires detention of noncitizens ordered removed for up to 90 days (with possible 6-month extension); (4) amends INA §235(d)(2) (8 U.S.C. 1225(d)(2)) by striking subparagraphs (A) and (B) and replacing "United States—" with "United States to deliver the noncitizen to an immigration officer for inspection or to a medical officer for examination," and replaces INA §287 (8 U.S.C. 1357) to limit immigration officers' powers to warrantless arrests of aliens entering illegally or likely to escape before a warrant issues (with prompt examination required) and to protect certain abused noncitizens from abuser contact; (5) repeals state and local immigration enforcement authorities under 8 U.S.C. §§1252c (arrest authority), 1644 (communication on welfare use), and 1373 (communication on immigration status); and (6) repeals public charge and unlawful voting grounds of removability under INA §237(a)(5) and (6) (8 U.S.C. 1227(a)(5), (6)). The section additionally requires termination of all DHS contracts for immigration detention and monitoring within two years of enactment and prohibits federal funding for such programs thereafter.

This section requires the Secretary of Homeland Security to submit to specified congressional committees, within one month of enactment, a plan to remove all ankle monitors from noncitizens under monitoring; directs removal of all such monitors within six months; and prohibits federal funds for ankle monitors or monitoring programs thereafter. The section further prohibits, two years after enactment, federal funds for DHS information-sharing partnerships with state or local law enforcement to identify or target noncitizens for immigration enforcement. Finally, the section prohibits use of U.S. Immigration and Customs Enforcement Operations and Support funds to conduct civil immigration enforcement (i.e., arrests, detention, removal, or processing/issuance of charging documents) or to enforce—or assist in enforcing—crimes where noncitizen status is an essential element, including specified Immigration and Nationality Act offenses (8 U.S.C. 1253, 1304, 1306, 1325, 1326).

This section directs the Secretary of Health and Human Services to establish, not later than 90 days after enactment, a grant program under which community-based nonprofit organizations—with no current or prior involvement in immigration or law enforcement activities—provide wrap-around social services to individuals affected by immigration law enforcement (as defined in 8 U.S.C. 1101). Eligible services include (1) housing assistance, (2) mental health services, (3) assistance accessing healthcare, (4) financial empowerment and employment assistance, (5) English classes, (6) education assistance, and (7) immigration legal assistance. Services must be provided on a voluntary, opt-in basis without surveillance or monitoring and without submitting personal identifying information to federal entities.