H.R. 8557 (Introduced in House) — Short-Term Holding Facility Standards Restoration Act.

Section 1 Short title

This Act may be cited as the “Short-Term Holding Facility Standards Restoration Act.”

Sec. 2 Findings

Congress finds the following:

(1)

U.S. Immigration and Customs Enforcement holding facilities are designed for short-term custody and processing.

(2)

Prior U.S. Immigration and Customs Enforcement policy defined “short-term” as not exceeding 12 hours, absent exceptional circumstances.

(3)

Prolonged detention in holding facilities undermines detainee welfare, facility design limits, and operational intent.

(4)

Restoring the 12-hour standard ensures consistency with prior agency guidance.

Sec. 3 Limitation on duration of detention

(a)

In general— The Secretary of Homeland Security shall ensure that, absent exceptional circumstances described in subsection (b), a U.S. Immigration and Customs Enforcement holding facility may only be used for short-term custody of a detainee.

(b)

Exceptional circumstances— Exceptional circumstances are temporary and unforeseen circumstances requiring immediate action, including—

(1)

medical emergencies;

(2)

natural disasters or facility disruptions;

(3)

transportation or transfer delays beyond the control of the Department of Homeland Security; or

(4)

other exigent operational conditions as determined by the Secretary of Homeland Security.

Sec. 4 Humane conditions

The Secretary of Homeland Security shall ensure that—

(1)

each U.S. Immigration and Customs Enforcement holding facility is safe, clean, equipped with restroom facilities, and clear of any object that could be used as a weapon; and

(2)

each detainee in such facility—

(A)

is provided a meal not less than every 6 hours;

(B)

in the case of a minor, pregnant woman, or breastfeeding woman, is provided immediate access to meals, snacks, milk, and juice, without regard to the amount of time in custody; and

(C)

is provided with access to drinking water in each room in which a detainee is held at all times.

Sec. 5 Documentation and compliance

(a)

Documentation— The Secretary of Homeland Security shall require contemporaneous documentation of any instance in which a detainee is held in a U.S. Immigration and Customs Enforcement holding facility for custody other than short-term custody.

(b)

Retention— Records under this section shall be maintained for oversight, audit, and reporting purposes for a period of 5 years.

Sec. 6 Oversight and reporting

(a)

Annual report— The Secretary of Homeland Security shall submit to Congress an annual report detailing—

(1)

the number of detainees held in custody other than short-term custody in a U.S. Immigration and Customs Enforcement holding facility;

(2)

the duration of such custody;

(3)

the justification for each instance in which a detainee is held in a U.S. Immigration and Customs Enforcement holding facility for custody other than short-term custody; and

(4)

corrective actions taken to ensure compliance.

(b)

Inspector General review— The Inspector General of the Department of Homeland Security shall perform periodic audits of U.S. Immigration and Customs Enforcement holding facilities and Department of Homeland Security records to ensure compliance with this Act.

Sec. 7 Definitions

For the purposes of this Act—

(1)

the term “holding facility” means any facility or holding room for temporary custody, processing, or transfer, and not designed for long-term detention; and

(2)

the term “short-term custody” means detention in a holding facility for a period not to exceed 12 hours, absent exceptional circumstances.

Short-Term Holding Facility Standards Restoration Act.