H.R. 7335 — Humanitarian Standards for Individuals in ICE and CBP Custody Act

This section designates the short title of the Act as the “Humanitarian Standards for Individuals in ICE and CBP Custody Act” and sets forth the table of contents.

This section requires the Director of U.S. Immigration and Customs Enforcement (ICE) and the Commissioner of U.S. Customs and Border Protection (CBP), in consultation with the Secretary of Health and Human Services, the Administrator of the Health Resources and Services Administration, and specified experts, to develop guidelines and protocols for initial health screenings and medical care for detainees in ICE or CBP custody. The section mandates an initial in-person screening by a licensed medical professional for all detainees, including (1) an interview and standardized questionnaire, (2) vital signs checks (pulse rate, body temperature, blood pressure, oxygen saturation, respiration rate), (3) blood glucose screening for diabetics, (4) weight assessment for children under 12, (5) physical examination, and (6) risk assessment with monitoring plan if appropriate; it also requires review and provision of detainees' prescription medications. Screenings must occur as soon as practicable but no later than 12 hours after arrival at an ICE or CBP facility (6 hours for high-priority individuals, i.e., those with acute illness, chronic conditions, pregnancy, children, or elderly status). If vital signs are abnormal or high-risk conditions are identified, detainees receive expedited consultation with an emergency care professional, re-evaluation within 24 hours (pediatric specialist for children), pre-transport clearance, and access to psychological assistance for trauma survivors. The section further requires language-appropriate interpreters (including indigenous languages) and chaperones during screenings.

This section requires the Director and Commissioner to ensure that detainees have access to specified water, sanitation, and hygiene resources: (1) not less than 1 gallon of drinking water per person per day, and age-appropriate fluids as needed; (2) a private, safe, clean, and reliable permanent or portable toilet with proper waste disposal and a hand washing station, with not less than 1 toilet available for every 12 male detainees and 1 toilet for every 8 female detainees; (3) a clean diaper changing facility, including proper waste disposal, a hand washing station, and unrestricted access to diapers; (4) the opportunity to bathe daily in a private and secure permanent or portable shower; and (5) products for individuals of all age groups and with disabilities to maintain basic personal hygiene, including soap, a toothbrush, toothpaste, adult diapers, and feminine hygiene products, as well as receptacles for the proper storage and disposal of such products.

This section requires the Director and Commissioner to ensure that detainees receive three meals per day—including a minimum of 2,000 calories per day for individuals age 12 or older and an age- and weight-appropriate number of calories for children under age 12—accommodations for dietary needs or restrictions, and access to food in accordance with applicable food safety standards.

This section establishes requirements for facilities used by U.S. Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) to detain individuals, including (1) separate detention of males and females (with exceptions for minors with relatives or guardians unless safety concerns exist, and unaccompanied minors in age-appropriate facilities not with adults); (2) accommodations for detainees with disabilities; (3) no overcrowding beyond maximum occupancy; (4) temperature-appropriate clothing and bedding, well-lit and ventilated spaces maintained at 68-74°F, outdoor access for detainees held over 48 hours (at least 1 hour daily during daylight), religious practice accommodations, and safe sleeping conditions (10 p.m.-6 a.m.); (5) medical standards for communicable diseases and safety protections for lesbian, gay, bisexual, transgender, and intersex detainees; (6) video monitoring to prevent abuse (with footage preserved for 90 days and certified maintenance records); and (7) posting of a language-appropriate Detainee Bill of Rights (including indigenous languages) listing all detainee rights under the Act.

This section requires the Secretary of Homeland Security to enter into memoranda of understanding with appropriate federal agencies (e.g., Department of Health and Human Services) and applicable emergency government relief services, as well as contracts with health care, public health, social work, and transportation professionals, to address surge capacity and ensure compliance with the Act.

This section requires the Director of U.S. Immigration and Customs Enforcement (ICE) and the Commissioner of U.S. Customs and Border Protection (CBP) to ensure that their personnel assigned to short-term custodial facilities receive professional training—including continuing education as determined appropriate—in all subjects necessary for compliance with the Act, including the following: (1) humanitarian response protocols and standards; (2) indicators of physical and mental illness, and medical distress, in children and adults; (3) indicators of child sexual exploitation and effective responses to missing migrant children; and (4) procedures to report suspected child sexual abuse and exploitation directly to the National Center for Missing and Exploited Children.

This section requires the Director of U.S. Immigration and Customs Enforcement (ICE) and the Commissioner of U.S. Customs and Border Protection (CBP), as applicable, to ensure that responsibility for a detainee's care is transferred from a medical facility or emergency department upon discharge to an accepting licensed health care provider of ICE or CBP. Such accepting provider must review the facility's evaluation, diagnosis, treatment, management, and discharge instructions to assess the safety of the discharge and transfer and to provide necessary follow-up care.

This section directs the Secretary of Homeland Security to (1) submit to Congress, not later than 60 days after enactment, a detailed plan delineating the timeline, process, and challenges of carrying out the Act's requirements; and (2) ensure implementation of the Act's requirements not later than 6 months after enactment.

This section requires the Inspector General of the Department of Homeland Security to (1) conduct unannounced inspections of ports of entry, Border Patrol stations, and detention facilities administered by U.S. Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP), or their contractors; and (2) submit to Congress reports on the results of such inspections and other Inspector General reports related to custody operations. In carrying out these requirements, the Inspector General must pay particular attention to (1) ICE and CBP compliance with this Act; (2) remedial actions taken by ICE and CBP; (3) health needs of detainees; and (4) compliance with 6 CFR part 115 (i.e., Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities). This section also prohibits the ICE Director and CBP Commissioner from denying a Member of Congress entrance to any facility or building used, owned, or operated by ICE or CBP.

This section directs the Government Accountability Office (GAO) to commence, not later than six months after the date of enactment of this Act, a study on the implementation of and compliance with this Act and to submit a report to Congress on the results not later than one year after such date. The study must examine (1) management and oversight by U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) of ports of entry, border patrol stations, and other detention facilities, including the extent to which ICE, CBP, and the Department of Homeland Security have effective processes to comply with this Act; and (2) the extent to which ICE and CBP personnel, in carrying out this Act, make abusive, derisive, profane, or harassing statements or gestures or engage in other conduct evidencing hatred or invidious prejudice on account of race, color, religion, national origin, sex, sexual orientation, age, or disability, including on social media.

This section provides rules of construction stating that nothing in the Act may be construed (1) as authorizing U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP) to detain individuals for longer than 72 hours; (2) as contradicting the March 7, 2014, Department of Homeland Security rule adopting standards to prevent, detect, and respond to sexual abuse and assault in confinement facilities, including its zero-tolerance policy for sexual abuse of individuals in CBP custody; (3) as contradicting current Department background check protocols in the hiring process; (4) as restricting the Department from denying employment to or terminating any individual involved in handling or processing detainees—including children—who has been convicted of a sex crime or other offense involving a child victim; or (5) as affecting the obligation to comply with all applicable immigration laws, including related penalties, fines, or sanctions.

This section directs the Secretary of Homeland Security, in coordination with the Office of Inspector General and Office for Civil Rights and Civil Liberties, to publicly release aggregate data on complaints of sexual abuse at Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) facilities on the department's website on a quarterly basis, beginning not later than 90 days after enactment, excluding personally identifiable information.

This section defines the following terms for purposes of the Act: (1) "child," as having the meaning given in section 101(b)(1) of the Immigration and Nationality Act (i.e., an unmarried person under 21 years of age who is a child as defined therein); (2) "forward operating base," as a permanent facility established by U.S. Customs and Border Protection (CBP) in forward or remote locations and designated as such by CBP; (3) "interpretation services," to include translation services performed in-person or through telephone or video; (4) "U.S. Customs and Border Protection facility," to include U.S. Border Patrol stations, ports of entry, checkpoints, forward operating bases, secondary inspection areas, and short-term custody facilities; and (5) "U.S. Immigration and Customs Enforcement facility," as a confinement facility operated by or pursuant to contract with U.S. Immigration and Customs Enforcement (ICE) that routinely holds persons for over 24 hours pending immigration removal operations or processes (including facilities operated by ICE, contracted detention services, or those used pursuant to an Intergovernmental Service Agreement).