Shelter

The Director and Commissioner shall ensure that each facility at which a detainee is detained meets the following requirements: (1) Except as provided in paragraph (2), males and females shall be detained separately. (2) In the case of a minor child arriving in the United States with an adult relative or legal guardian, such child shall be detained with such relative or legal guardian unless such an arrangement poses safety or security concerns. In no case shall a minor who is detained apart from an adult relative or legal guardian as a result of such safety or security concerns be detained with other adults. (3) In the case of an unaccompanied minor arriving in the United States without an adult relative or legal guardian, such child shall be detained in an age-appropriate facility and shall not be detained with adults. (4) A detainee with a temporary or permanent disability shall be held in an accessible location and in a manner that provides for his or her safety, comfort, and security, with accommodations provided as needed. (5) No detainee shall be placed in a room for any period of time if the detainee’s placement would exceed the maximum occupancy level as determined by the appropriate building code, fire marshal, or other authority. (6) Each detainee shall be provided with temperature appropriate clothing and bedding. (7) The facility shall be well lit and well ventilated, with the humidity and temperature kept at comfortable levels (between 68 and 74 degrees Fahrenheit). (8) Detainees who are in custody for more than 48 hours shall have access to the outdoors for not less than 1 hour during the daylight hours during each 24-hour period. (9) Detainees shall have the ability to practice their religion or not to practice a religion, as applicable. (10) Detainees shall have access to lighting and noise levels that are safe and conducive for sleeping throughout the night between the hours of 10 p.m. and 6 a.m. (11) Officers, employees, and contracted personnel of ICE or CBP, as the case may be, shall— (A) follow medical standards for the isolation and prevention of communicable diseases; and (B) ensure the physical and mental safety of detainees who identify as lesbian, gay, bisexual, transgender, and intersex. (12) The facility shall have video-monitoring to provide for the safety of the detained population and to prevent sexual abuse and physical harm of vulnerable detainees. (13) The Director and Commissioner shall ensure that language-appropriate Detainee Bill of Rights, including indigenous languages, are posted or otherwise made available in all areas where detainees are located. The Detainee Bill of Rights shall include all rights afforded to the detainee under this Act. (14) Video from video-monitoring must be preserved for 90 days and the detention facility must maintain certified records that the video-monitoring is properly working at all times.