Improving immigration enforcement transparency

(a) Access to immigration detention facilities (1) In general The Secretary of Homeland Security shall ensure that all Members of Congress are given unrestricted access, without advance notice, to all immigration detention facilities used or operated by the Department of Homeland Security, including facilities operated by U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection, regional processing centers, field offices, State-run facilities, and privately operated or contracted facilities, regardless of the source of funding for such facilities. (2) Scope of access Access to immigration detention facilities required under paragraph (1) shall include— (A) access to all of the areas in such facilities; (B) the ability to speak privately with detained individuals and facility personnel on the same day as the visit and without prior authorization; (C) the ability to observe conditions of confinement and compliance with applicable Federal law, regulations, and standards; and (D) the ability of a Member of Congress, a State or local elected official, or a representative of a local health and safety agency to be accompanied by congressional staff and, at the discretion of the Member, official, or representative, subject matter experts, including medical professionals, legal experts, interpreters, and other individuals who such Member, official, or representative considers necessary to assist in evaluating facility conditions and compliance with applicable laws and standards. (3) Access for legal counsel, faith leaders, and family members The Secretary of Homeland Security shall ensure that detained individuals have timely and reasonable access to legal counsel, faith leaders, and family members, including the ability to communicate privately and in person whenever practicable, subject only to narrowly tailored limitations that are necessary to protect the safety and security of the facility in which such individuals are detained. (4) Prohibition on delay or denial (A) In general The operator of an immigration detention facility may not delay, condition, restrict, or deny access to such facility to a Member of Congress on the basis of staffing limitations, operational considerations, contractual arrangements, or facility designation. (B) Notice Not later than 72 hours after discovering that a Member of Congress' access to an immigration detention facility was delayed or denied for any reason, the Director of U.S. Immigration and Customs Enforcement or the Commissioner of U.S. Customs and Border Protection shall submit a detailed report identifying the reasons for such delay and denial and describing the steps that will be taken to prevent future delays or denials to— (i) the Committee on Appropriations of the Senate; (ii) the Committee on Homeland Security and Governmental Affairs of the Senate; (iii) the Committee on the Judiciary of the Senate; (iv) the Committee on Appropriations of the House of Representatives; (v) the Committee on Homeland Security of the House of Representatives; (vi) the Committee on the Judiciary of the House of Representatives; and (vii) the Office of Inspector General of the Department of Homeland Security. (5) Consequences for repeated noncompliance (A) In general If access to an immigration detention facility is delayed or denied to 2 or more Members of Congress in violation of this subsection during any fiscal year, the Secretary of Homeland Security shall ensure that any officer, employee, or contractor of the Department of Homeland Security who knowingly delays, restricts, or denies access to such a facility in violation of this subsection is subject to appropriate administrative or contractual disciplinary action. (B) Notification The Secretary shall notify the committees listed in paragraph (4)(B) not later than 48 hours after determining a violation described in subparagraph (A) has occurred. (6) Rule of construction Nothing in this subsection may be construed to limit the authority of Congress to impose additional requirements or restrictions through appropriations Acts or other legislation. (b) Public reporting requirements The Secretary of Homeland Security shall track and publicly report, on an aggregated basis without including personally identifiable information of those involved, all allegations and incidents in which immigration enforcement officers or agents, during an immigration enforcement operation or while an individual is detained by the Department of Homeland Security— (1) used excessive force to carry out their objective; (2) engaged in conduct exceeding authorized authority; (3) detained a United States citizen; (4) mistakenly detained or arrested an individual who should not have been detained or arrested; (5) perpetrated sexual assault, abuse, or harassment; or (6) engaged in other misconduct. (c) Detention accountability and grievance procedures (1) Grievance process The Secretary of Homeland Security shall ensure that each immigration detention facility used or operated by the Department of Homeland Security or its contractors maintains a confidential and accessible grievance process through which detained individuals may report grievances regarding— (A) the use of excessive force; (B) violations of Federal law, detention standards, or Department policy; (C) threats, intimidation, retaliation, or abuse by facility personnel; or (D) sexual assault, abuse, or harassment. (2) Accessibility requirements The grievance process required under paragraph (1) shall— (A) be available in all languages commonly spoken by detained individuals; (B) permit grievances to be filed orally or in writing; (C) allow detained individuals to submit grievances without interference or retaliation; and (D) provide timely review and resolution of such grievances. (3) Accountability for excessive force or misconduct If an investigation conducted by the Department of Homeland Security, the Office of Inspector General of the Department, the Office of Professional Responsibility of the Department, U.S. Immigration and Customs Enforcement, a local field office, or any other authorized investigative entity determines that an officer, employee, or contractor used excessive force against a detained individual, the head of the agency with jurisdiction over the facility shall ensure that such individual— (A) is immediately removed from duties involving the supervision, custody, or transport of detained individuals at the facility at which the incident occurred; and (B) is not permitted to return to perform such duties. (4) Sexual abuse and assault prevention and intervention program Not less frequently than annually, the Secretary of Homeland Security shall publish facility-specific information for each immigration detention facility regarding each facility's compliance with U.S. Immigration and Customs Enforcement's Sexual Abuse and Assault Prevention and Intervention Program, including— (A) the number of allegations of sexual abuse or harassment reported at such facility; (B) the status and outcome of investigations into such allegations; (C) whether the facility was found compliant with applicable standards under the Sexual Abuse and Assault Prevention and Intervention Program; and (D) any corrective actions required and the status of such actions.