This legislation, titled the "Dignity for Detained Immigrants Act," aims to establish new standards for facilities detaining aliens in the custody of the Department of Homeland Security. Congress expresses a clear sense that detention, especially for children, should be avoided due to its severe and irreparable harm.

The bill mandates that the Secretary of Homeland Security establish detention standards within one year of enactment. These standards must, at a minimum, provide the level of protections outlined in the American Bar Association's Civil Immigration Detention Standards and be reviewed and updated biennially.

To ensure compliance, the Inspector General of the Department is required to conduct unannounced, in-person inspections of each facility annually. Reports on these inspections must be submitted to the Secretary and made publicly available online.

Non-compliance with standards carries significant penalties. A first-time failure threatening detainee health, safety, or due process rights results in a meaningful fine (at least 10% of contract value) for private facilities or a written warning and remedial measures for Department-owned facilities. Subsequent failures within a two-year period lead to the termination of contracts with private facilities and transfer of detainees, or suspension of Department-owned facilities until compliance is certified.

The bill also establishes strict protocols for deaths in custody. The Secretary must notify Congress within 24 hours and conduct a thorough investigation, including a root cause analysis by qualified medical professionals, within 30 days. A full public report must be issued within 60 days, followed by an Inspector General review.

Enhanced transparency is a key component, requiring annual reports to Congress on inspection findings and remedial actions. A publicly accessible online facilities matrix must be updated monthly, providing detailed information on each facility, including population demographics, compliance status, and contract details. The online detainee locator system must also be updated within 12 hours of any custody change.

A significant provision mandates the phase-out of private for-profit detention facilities and alternatives to detention programs within three years. After this period, all such facilities and programs must be owned and operated by the Department or a non-profit organization. The Secretary must develop an implementation plan within 60 days.

The legislation reforms procedures for apprehending and detaining aliens, requiring an immigration judge's warrant for arrest in most cases and prohibiting the detention of unaccompanied alien children by DHS. It also amends the Immigration and Nationality Act to establish new custody determination hearings.

For custody determinations, an initial decision must be made within 48 hours, followed by a hearing before an immigration judge within 72 hours if challenged. There is a presumption of release, which the Secretary must rebut with clear and convincing evidence that alternatives to detention will not ensure appearance or community safety. The bill prohibits continued detention solely based on an alien's inability to pay bond.

Special protections are afforded to vulnerable persons and primary caregivers, who may not be detained unless community-based supervision is deemed unreasonable or impracticable. Crucially, the bill explicitly prohibits the detention of any individual under 18 years of age in facilities operated or contracted by U.S. Immigration and Customs Enforcement.

A new community-based case management program is to be established outside the purview of ICE, offering a continuum of support services like case management, medical care, housing, and legal aid. This program explicitly prohibits the use of electronic surveillance such as ankle monitors.

The bill also revises procedures for aliens ordered removed, shortening the removal period from 90 to 60 days. It requires a custody redetermination hearing within 72 hours of a final removal order and sets standards for continued detention beyond the 60-day period, requiring a showing that removal is foreseeable or the alien poses a safety risk.

Further protections include a prohibition on solitary confinement for individuals in DHS custody, defining it as confinement to a cell alone or with a cellmate outside of designated sleeping times. All detention facilities must provide access to Legal Orientation Programs operated by non-profit organizations, and detainees must have confidential access to counsel.

Finally, the bill strengthens congressional oversight by permitting Members of Congress and their designated staff unannounced access to any DHS detention facility for oversight purposes, preventing any temporary modifications that would alter observations during such visits. Individuals injured by violations of the established standards may file civil actions for injunctive relief and compensatory damages.