HR6149-119

What This Bill Does

The FAIR Act adds constituent-service access rules to Immigration and Nationality Act detention authority. Within 90 days after enactment, detained individuals must be able to request ICE Form 60-001 or a successor third-party disclosure waiver and a Congressional Privacy Release Form, including in the language they speak. Within 24 hours after arrival, the detention center must provide the ICE National Detainee Handbook and the facility handbook in the detainee language, or orally interpret information through a professional interpreter when the handbook is unavailable in that language. The National Detainee Handbook must include a Congressional Constituent Services section explaining availability of constituent services, how to access privacy forms through the law library, how to send forms to a Member of Congress or third-party case helper, and the complaint process. Within seven days after a request, detention center staff must electronically notify the proper congressional office and send a copy of the privacy release from that office. Detainees must receive access to a computer, email, printing, copying, writing implements, and paper for ongoing communication with congressional offices or third-party case helpers. If forms are not provided within 30 days or the detention center violates the Act, a detainee or third party may file a complaint or sue in federal district court for appropriate relief. DHS must issue implementing rules within 180 days and notify immigration detention centers within 270 days.

Who Benefits and How

Immigration detainees benefit from access to privacy waivers, congressional release forms, language assistance, and casework communication tools. Detainees with limited English proficiency benefit from translated or interpreted handbook information and complaint assistance. Congressional offices benefit from timely electronic notice when a detainee seeks constituent services. Third-party case helpers benefit from clearer privacy-release and communication channels. Civil-rights advocates benefit from a complaint process and federal court remedy for violations.

Who Bears the Burden and How

Immigration detention centers must provide forms, handbooks, interpretation, law-library access, computer and email access, printing, copying, writing tools, and paper. Detention center staff must notify congressional offices within seven days and support ongoing casework communication. DHS must issue rules within 180 days and notify detention centers within 270 days. Agencies operating or contracting detention facilities face complaints and federal civil actions for violations. Professional interpreter services may be needed when materials are not available in the detainee language.

Key Provisions

• Requires access to ICE privacy waivers and Congressional Privacy Release Forms for detained individuals.
• Requires detainee handbooks and constituent-service information within 24 hours after arrival.
• Requires congressional office notice within seven days after a detainee request.
• Requires computer, email, printing, copying, writing tools, and paper for casework communication.
• Authorizes complaints and federal civil actions when detention centers violate the requirements.
• Requires DHS rules within 180 days and detention-center notice within 270 days.