Restoration of free telephone service program for detainees and other communication requirements

(a) In general Subject to the protocols established pursuant to subsection (b) and the restrictions established pursuant to subsection (c), any alien who is in the custody of the Department of Homeland Security shall be provided, at the expense of the Federal Government— (1) during the first 5 hours of such custody and during the 5-hour period beginning at the time such alien arrives at a new location, at least 1 communication of not less than 10 minutes with an immediate family member to notify such family member where the alien is being detained; (2) if the alien is unable to initiate a communication with any immediate family during any 5-hour period referred to in paragraph (1), continued attempts to establish communication with such family member until the alien is successful; (3) at least 200 free minutes each month for outgoing communication to any person referred to in paragraphs (1) and (2); (4) during the first 5 hours of such custody and during the 5-hour period beginning at the time such alien arrives at a new location, an opportunity to establish private communication with the alien's legal counsel or potential legal counsel or an official at the appropriate consulate; (5) an opportunity to establish private communication with any official investigating detention conditions, including an official from the Office of the Immigration Detention Ombudsman, the Office of the Inspector General of the Department of Homeland Security, or the Office for Civil Rights and Civil Liberties; and (6) unlimited free minutes for communication with— (A) any person referred to in paragraphs (4) and (5); (B) the Executive Office for Immigration Review; (C) the Board of Immigration Appeals; (D) the local immigration court; (E) any Federal or State court where the detained individual is or may become involved in a legal proceeding; (F) the United Nations High Commissioner for Refugees; (G) any Federal, State, or local government office for the purpose of obtaining documents relevant to the alien's immigration case; and (H) the U.S. Immigration and Customs Enforcement Office of Professional Responsibility Joint Intake Center. (b) Protocols The Secretary of Homeland Security shall establish protocols to ensure detained individuals are not prevented (either through dissuasion or retaliation) from— (1) accessing the means of communication described in subsection (a); or (2) making additional calls to other individuals at their own expense. (c) Time, place, and manner restrictions (1) In general Subject to paragraphs (2) and (3), each detention facility is authorized to establish consistent policies regulating the time, place, and manner of outgoing communication authorized under subsection (a). (2) Limitations Detention facilities may not— (A) restrict the number of minutes detainees communicate with their legal representatives; (B) limit the duration of such communications by rule or automatic cut-off; or (C) include incoming calls towards the total free minutes of communication required under subsection (a)(3). (3) Application The policies established pursuant to paragraph (1) shall be— (A) consistently applied; (B) given to each alien at the time of his or her arrival at a detention facility; and (C) available at each detention facility for examination by the public. (d) Confidentiality (1) In general Subject to paragraph (2), any communication made pursuant to paragraph (4), (5), or (6) of subsection (a)— (A) may not be monitored or recorded; and (B) shall take place in a space with auditory privacy. (2) Exception The limitation under paragraph (1) shall not apply to a circumstance in which a government official has a lawful warrant issued by a court of competent jurisdiction to authorize the monitoring or recording of communication described in such paragraph.