S. 3146 — Restoring Access for Detainees Act

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

This section establishes definitions for purposes of the Act. (1) Communication means the exchange of information through a phone call, email, video, or any other form of electronic communication. (2) Custody, with respect to an alien, means 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 any Federal agency, including the United States military, and includes legal or physical custody.

This section establishes free communication requirements for aliens in Department of Homeland Security (DHS) custody, at federal expense and subject to specified protocols and restrictions. It requires (1) at least one communication of not less than 10 minutes 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 until successful; (2) at least 200 free outgoing minutes per month to family members; (3) during initial five-hour periods, opportunities for private communication with legal counsel, potential counsel, or a consulate official; (4) opportunities for private communication with detention oversight officials (i.e., Immigration Detention Ombudsman, DHS Inspector General, or DHS Office for Civil Rights and Civil Liberties); and (5) unlimited free minutes to legal representatives, oversight officials, Executive Office for Immigration Review, Board of Immigration Appeals, immigration or other relevant courts, United Nations High Commissioner for Refugees, government offices for immigration documents, and ICE Office of Professional Responsibility Joint Intake Center. The DHS Secretary must establish protocols ensuring detainees are not dissuaded or retaliated against for accessing these communications or making additional paid calls; detention facilities may set consistent time, place, and manner policies (provided to detainees upon arrival and publicly available) but may not restrict legal communications, impose duration limits or cutoffs, or count incoming calls against free minutes; and specified communications must occur without monitoring or recording in private spaces, except pursuant to a court warrant.