S. 3702 — Dignity for Detained Immigrants Act

This section defines terms used in the Act, including "(1) appropriate committees of Congress" (i.e., Senate Committee on the Judiciary, Senate Committee on Homeland Security and Governmental Affairs, House Committee on the Judiciary, and House Committee on Homeland Security); "(2) Department" (i.e., Department of Homeland Security); "(3) Inspector General" (i.e., Inspector General of the Department of Homeland Security); and "(4) Secretary" (i.e., Secretary of Homeland Security).

This section directs the Secretary of Homeland Security to establish, by regulation not later than one year after enactment, detention standards for all facilities holding aliens in Department of Homeland Security custody. The standards must provide at least the level of protection in the American Bar Association’s Civil Immigration Detention Standards (adopted August 2012, modified August 2014), with reviews and updates not less frequently than biennially, as appropriate.

This section requires the Inspector General to conduct unannounced, in-person inspections at least annually of each facility detaining aliens in Department of Homeland Security (DHS) custody to verify compliance with relevant standards, with reports due to the Secretary within 60 days and posted publicly online. For an initial noncompliance posing a threat to detainee health, safety, or rights, the Secretary must impose a fine of at least 10% of the contract value (for non-DHS-owned facilities) or issue a warning with remediation due within 60 days (for DHS-owned facilities), followed by a follow-up inspection within 180 days; for a second or subsequent noncompliance within two years, the Secretary must transfer all detainees, terminate the contract (non-DHS facilities), or suspend operations until certified compliant (DHS facilities). This section further requires the Secretary to notify congressional committees within 24 hours of any detainee death (defined broadly to include any death under DHS supervision), conduct an investigation with root cause analysis within 30 days using qualified medical personnel and Joint Commission standards, issue a public report within 60 days, and undergo Inspector General review within 90 days. This section also requires the Secretary to submit an annual report to congressional committees detailing facility inspections and oversight during the prior 12 months, including a list of Inspector General-identified noncompliant facilities.

This section establishes a private right of action in U.S. district court for individuals detained in facilities required to comply with standards under section 4 who are injured by a violation of those standards. In such actions, the court may order injunctive relief and award compensatory damages, as well as reasonable attorney fees and costs to the prevailing party.

This section requires the Secretary of Homeland Security to notify congressional committees at least 180 days before initiating or contracting for new detention facility construction or expansion—including details on location, size, capacity, timeline, cost, and intended detainee population by gender and age—and to make that information publicly available online. This section prohibits the Secretary from entering into or extending contracts with public or private for-profit entities for (1) secure detention facilities or (2) nonresidential alternatives-to-detention programs (i.e., monitoring of aliens); requires termination of existing such contracts within three years of enactment; and mandates that, thereafter, secure facilities be owned and operated by the Department and alternatives-to-detention programs or facilities be owned and operated by the Department or a nonprofit organization. The Secretary must develop and publicly release an implementation plan and timeline within 60 days of enactment. This section requires all DHS detention facilities to include an indoor, climate-controlled visitor waiting and security screening area.

This section directs the Secretary to promulgate rules ensuring that any alien detained in the Department's custody who is required to appear in federal or state court (including family court) for another matter is transported to the proceeding by a Department officer or employee.

This section revises INA §236 (8 U.S.C. 1226), which governs the apprehension and detention of aliens pending removal proceedings, to (1) require warrants issued by an immigration judge (IJ) or authority under INA §287(a)(2) for arrest and detention or release on bond or conditions; (2) exempt unaccompanied alien children, as defined in 6 U.S.C. 279(g)(2), with mandatory transfer to the Department of Health and Human Services under 8 U.S.C. 1232(b)(3); (3) require IJs setting bond to consider financial ability to pay without hardship and limit amount to the minimum necessary to ensure appearance; and (4) prohibit continued detention solely due to inability to pay bond. The revision further requires DHS to provide a written initial custody determination within 48 hours of taking custody (or for certain credible/reasonable fear cases), with a hearing before an IJ within 72 hours to challenge it (continuance available for counsel preparation). It establishes a presumption of release in such hearings that DHS must rebut by clear and convincing evidence of flight risk or danger (considering totality of circumstances and prohibiting reliance solely on criminal history); mandates least restrictive conditions if detention is ordered (e.g., recognizance, bond, or alternatives-to-detention programs), with monthly IJ review and authority to modify DHS-imposed conditions; and bars detention of vulnerable persons or primary caregivers unless community supervision is unreasonable or impracticable.

This section prohibits placing an individual in the custody of the Department in solitary confinement, defined as confinement to the individual's cell (alone or with a cellmate) pursuant to disciplinary, administrative, or classification action but excluding confinement to the assigned cell during designated sleeping time.

This section requires the Secretary of Homeland Security to ensure that all facilities detaining aliens—regardless of ownership—provide detainees access to the Legal Orientation Program (LOP, or successor program), which must be operated by a nonprofit nongovernmental organization with demonstrated immigration law expertise. (As background, the LOP provides detained noncitizens with information on immigration proceedings, rights, and available legal services.) It further requires such legal orientation to be delivered as soon as practicable after a detainee enters the facility (potentially in a group setting) and prohibits delaying it until after the initial hearing before an immigration judge.

This section requires the Secretary of Homeland Security to permit an alien who has obtained counsel under INA §292 (8 U.S.C. 1362)—which provides the right to counsel, at no expense to the government, in removal proceedings before an immigration judge or on appeal to the Attorney General—to access such counsel through confidential in-person, telephonic, or televideo meetings.

This section requires the Secretary of Homeland Security to permit covered persons—defined as a Member of Congress or a designated employee of the Senate or House of Representatives—to enter any Department of Homeland Security facility that detains or houses aliens for oversight purposes and prohibits temporary modifications to such facilities that would alter observations compared to normal operations. Members of Congress require no advance notice; designated employees require 24 hours' notice unless accompanying a Member.