DHS Shifts Strategy: Moving Away from Private ICE Detention Centers

This bill would dramatically change the experience of undocumented immigrants in government custody. It creates a presumption of release rather than detention, requires custody hearings within 72 hours, bans solitary confinement, prohibits detention of anyone under 18, and guarantees access to lawyers and legal orientation programs. Vulnerable individuals — including pregnant people, LGBTQ individuals, and crime victims — would receive extra protections against being detained at all.

Visa holders who end up in immigration detention would benefit from the same improved standards, faster hearings, and presumption of release. The bill's protections apply to all aliens in DHS custody, regardless of immigration status, so visa holders facing removal proceedings would have stronger due process rights and better conditions if detained.

Green card holders who face deportation proceedings would benefit significantly from the repeal of mandatory detention. Currently, lawful permanent residents convicted of certain crimes can be detained without a bond hearing. This bill would eliminate mandatory detention entirely and give every detained person the right to a custody hearing with a presumption of release.

The bill specifically identifies LGBTQ and intersex individuals as "vulnerable persons" who receive heightened protections against detention. Under this bill, DHS would have to show it's unreasonable or impractical to place these individuals in community-based programs before detaining them. This is a significant recognition that LGBTQ people face unique dangers in detention settings.

Pregnant individuals are explicitly classified as vulnerable persons under the bill, meaning the government must demonstrate that community-based supervision is unreasonable before detaining them. This adds a strong layer of protection, as pregnant people in detention have historically faced inadequate medical care and dangerous conditions.

People with serious mental illness are classified as vulnerable persons, gaining extra protections against detention. The bill also bans solitary confinement entirely, which is especially important because solitary confinement is known to worsen mental health conditions. Community-based case management programs would be required to include mental health services.