H.R. 8557 — Short-Term Holding Facility Standards Restoration Act.

This section states congressional findings concerning U.S. Immigration and Customs Enforcement (ICE) holding facilities, including that (1) such facilities are designed for short-term custody and processing, (2) prior ICE policy defined short-term as not exceeding 12 hours absent exceptional circumstances, (3) prolonged detention undermines detainee welfare, facility design limits, and operational intent, and (4) restoring the 12-hour standard ensures consistency with prior agency guidance.

This section limits the use of U.S. Immigration and Customs Enforcement holding facilities to short-term custody of detainees, absent exceptional circumstances. Exceptional circumstances include (1) medical emergencies; (2) natural disasters or facility disruptions; (3) transportation or transfer delays beyond the Department of Homeland Security's control; or (4) other exigent operational conditions as determined by the Secretary of Homeland Security.

This section directs the Secretary of Homeland Security to ensure humane conditions in each U.S. Immigration and Customs Enforcement (ICE) holding facility by requiring (1) that facilities be safe, clean, equipped with restroom facilities, and clear of objects that could be used as weapons; and (2) that each detainee receive a meal at least every six hours, with immediate access to meals, snacks, milk, and juice (without regard to time in custody) for minors, pregnant women, or breastfeeding women, and with access to drinking water in each holding room at all times.

This section requires the Secretary of Homeland Security to mandate contemporaneous documentation for any instance in which a detainee is held in a U.S. Immigration and Customs Enforcement (ICE) holding facility for custody other than short-term custody. It further requires such records to be retained for 5 years for oversight, audit, and reporting purposes.

This section requires the Secretary of Homeland Security to submit an annual report to Congress detailing (1) the number of detainees held in custody other than short-term custody in a U.S. Immigration and Customs Enforcement (ICE) holding facility, (2) the duration of such custody, (3) the justification for each instance of such custody, and (4) corrective actions taken to ensure compliance. It further requires the Inspector General of the Department of Homeland Security to perform periodic audits of ICE holding facilities and Department of Homeland Security records to ensure compliance with the Act.

This section defines, for purposes of the Act, (1) a holding facility as any facility or holding room for temporary custody, processing, or transfer that is not designed for long-term detention; and (2) short-term custody as detention in a holding facility for a period not to exceed 12 hours, absent exceptional circumstances.