Preserving civil rights

(a) Use of force In carrying out immigration enforcement operations, immigration enforcement officers and agents may not use excessive force. (b) Detainee rights The Secretary of Homeland Security shall ensure, after an immigration enforcement officer or agent detains any individual— (1) a member of such individual's immediate family, as determined by the detained individual, is notified of such detention by the Department of Homeland Security not later than 5 hours after the commencement of such detention; (2) such individual is guaranteed access to at least 1 phone call within 5 hours after the commencement of the detention; (3) such individual is guaranteed reasonable access to legal counsel and a faith leader not later than 12 hours after the commencement of the detention and periodically thereafter, either in person or through telephonic communication; and (4) such individual is guaranteed reasonable accommodations to facilitate the signing of any necessary legal documentation. (c) Medical and mental health services The Secretary of Homeland Security shall ensure that— (1) after an immigration enforcement officer or agent detains any individual, such individual is provided timely medical and mental health services, including access to emergency care and chronic condition management, in accordance with the standards established under the National Detention Standards and the Performance-Based National Detention Standards; (2) any individual in detention with care provided by the Department of Veterans Affairs should have access to health care services provided by the Department of Veterans Affairs; (3) if an individual described in paragraph (1) is transferred to a hospital or emergency room— (A) the individual's legal counsel or designated representative is immediately notified; and (B) family members or a designated emergency contact are notified of the location of such hospital or emergency room as soon as practicable; and (4) procedures are implemented to allow family members or legal representatives of such individuals to drop off valid prescription medications and necessary medical devices for use in detention facilities, including CPAP machines, mobility aids, and glucose monitors, for the individual’s use after such items are cleared through standard security and medical review. (d) Transportation and transfers (1) Notice of transfer Not later than 24 hours after any detained individual is transferred to another detention facility, the head of the facility housing the individual shall notify the individual’s legal counsel, designated representative, and next of kin, as applicable, of— (A) the specific name and address of the facility to which the individual has been transferred; and (B) the direct contact information for such facility, including a primary phone number and a point of contact for inquiries from the family and legal representative of such individual. (2) Justification for transfer (A) In general Before any transfer described in paragraph (1), the Director of the facility or the field office shall provide a written justification to the detained individual and such individual's legal counsel detailing the specific administrative or safety reason for such transfer, such as medical necessity, facility capacity, or specialized housing requirements. (B) Medical transfer summaries The Director of the facility from which a detained individual is being transferred shall provide a medical transfer summary with respect to such individual to the receiving facility. (C) Observations Officers involved in the transfer of detained individuals between detention facilities shall share with the receiving facility any observations suggesting the detained individual— (i) has engaged in self-injurious behavior; or (ii) has expressed a desire to harm himself or herself during such transfer. (D) Specialty care A detained individual in need of specialty care may not be transferred to a detention facility that lacks the resources to provide such care unless such resources may be easily procured from a nearby hospital, clinic, or doctors' office. (3) Bed availability and facility standards A transfer described in paragraph (1) may not occur unless the Director of both the originating and receiving detention facilities attest that— (A) a dedicated bed and appropriate housing space are available at the destination facility to which the individual is being transferred; and (B) such destination facility meets all applicable Federal detention standards, including having the medical and mental health resources to maintain the individual's continuity of care. (4) Additional detention standards All transfers of detained individuals shall comply with all applicable standards established by the Secretary of Transportation, including— (A) minimum protections during transport, including— (i) the use of seatbelts or secure seating for all individuals during vehicle movement; (ii) prohibition on transport in overcrowded conditions or standing-room configurations; (iii) access to adequate ventilation, temperature control, food, drinking water, and necessary medications; and (iv) for individuals who are restrained or shackled— (I) the application or adjustment of such restraints shall allow the individual the physical range of motion necessary to safely drink water and consume food without assistance; or (II) if the security level of the restraint prevents the individual from self-feeding or self-drinking, the provision of direct, safe assistance to ensure the individual is able to eat and drink fully and comfortably; (B) regular bathroom breaks, including— (i) access to restroom facilities not less frequently than once every 2 hours during transport; (ii) reasonable accommodations for children, elderly individuals, pregnant women, and individuals with medical conditions; and (iii) mandatory reasonable accommodations for individuals with physical, sensory, intellectual, or mental health disabilities, including the provision of vehicles and communication assistance in full compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and (C) safety protocols, including— (i) medical screening before transport to identify health risks, disabilities, or special needs; (ii) continuous monitoring of individuals during transport by trained personnel; (iii) prohibiting the use of restraint methods that impede breathing, circulation, or safe seating during transport; (iv) maintaining written transport logs documenting the duration, conditions, stops, and personnel involved; (v) operating audio or video recording equipment, where available, for the duration of transport; and (vi) protecting mobility and medical devices by ensuring such items are transported with the individual and are not separated or damaged during the transfer process; (5) Documentation and reporting Not later than 24 hours after each incident involving a violation by a transporting officer or agent of any standard described in paragraph (4), such incident shall be— (A) documented by the supervisor of such officer or agent, which documentation shall include— (i) the nature of the violation; (ii) the duration of the transport during which such violation occurred; (iii) the individuals affected by such violation; (iv) any corrective actions taken to prevent future violations; and (v) any disciplinary or remedial measures imposed on the violator; and (B) reported to— (i) the Office for Civil Rights and Civil Liberties of the Department of Homeland Security; (ii) the Office of Inspector General of the Department of Homeland Security; and (iii) the appropriate congressional committees. (e) Office for Civil Rights and Civil Liberties The Secretary of Homeland Security shall— (1) reconstitute the Office for Civil Rights and Civil Liberties of the Department of Homeland Security; and (2) ensure such Office has an independent reporting structure, including direct reporting authority to the Secretary of Homeland Security, for purposes of investigating, reviewing, and reporting on civil rights and civil liberties violations related to immigration enforcement or detention.