HR6149-119

1. Short title This Act may be cited as the Fairness and Access for Immigrant Rights Act or the FAIR Act.

2. Constituent services for detainees Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended by adding at the end the following: Not later than 90 days after the date of enactment of this subsection, any individual detained pursuant to the authority under this section, or any other provision in this Act, shall have access to the Department’s Privacy Waiver Authorizing Disclosure to a Third Party, ICE Form 60–001, or any successor form, as well as a Congressional Privacy Release Form upon written request, including in the language spoken by the detainee, of the detainee to the detention center. Not later than 24 hours after arriving at the facility, the detention center shall provide to each detained alien the ICE National Detainee Handbook, along with the handbook from the specific facility they are being held. The Handbook should be available in the language spoken by the detainee. If not available in such language, any information in the handbook must be orally interpreted for the detainee through a professional interpreter, at the request of the detainee. The National Detainee Handbook shall have a section titled Congressional Constituent Services with information on the availability of constituent services, the ability to access the Law Library at the facility to access a Department’s Privacy Waiver Authorizing Disclosure to a Third Party, ICE Form 60–001, or any successor form, Congressional Privacy Release Form, how to send it to their Member of Congress or a third-party individual assisting with their case, and the process described in paragraph (5) for filing a complaint for failure to receive such services. Not later than 7 days after a request is submitted pursuant to paragraph (1), an employee of the detention center in which the detainee is detained shall electronically submit a written notice to the congressional office that a detainee is seeking to receive constituent services as well as a copy of a Privacy Release from the appropriate congressional office. A detention center shall permit a detainee to access a computer, email, printing, and copying privileges, along with writing implements and paper to facilitate continued communication with their congressional office or other third-party individuals assisting with their case throughout the casework process. If a detention center fails to provide the detainee access to a Department’s Privacy Waiver Authorizing Disclosure to a Third Party, ICE Form 60–001, or any successor form, or the Congressional Privacy Release form, within 30 days after requesting it, or is found to be in violation of any provision of this Act, a detainee, or third-party individual— may submit a complaint to the detention center through such complaint or grievance process as the detention center may establish; or may bring a civil action against the agency which engaged in that violation in an appropriate United States district court to recover such relief as may be appropriate from. A detention center shall give a detainee access to an interpreter for the purpose of completing and submitting a complaint under subparagraph (A) if the form is not available in the language they speak. In this subsection, the term congressional office means the congressional office for the congressional district in which the last known residence of the detainee was located, or the residence of the requesting third-party. The Secretary of Homeland Security shall issue a rule implementing the amendment made by subsection (a) not later than 180 days after the date of enactment of this Act. Not later than 270 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit written notice to each immigration detention center of the rules with respect to the ability to access Congressional constituent services and the complaint process for detainees. The amendment made by subsection (a) shall take effect 90 days after the date of enactment of this Act. (g)Constituent services(1)Request to detention centerNot later than 90 days after the date of enactment of this subsection, any individual detained pursuant to the authority under this section, or any other provision in this Act, shall have access to the Department’s Privacy Waiver Authorizing Disclosure to a Third Party, ICE Form 60–001, or any successor form, as well as a Congressional Privacy Release Form upon written request, including in the language spoken by the detainee, of the detainee to the detention center.(2)Notice to detaineeNot later than 24 hours after arriving at the facility, the detention center shall provide to each detained alien the ICE National Detainee Handbook, along with the handbook from the specific facility they are being held. The Handbook should be available in the language spoken by the detainee. If not available in such language, any information in the handbook must be orally interpreted for the detainee through a professional interpreter, at the request of the detainee. The National Detainee Handbook shall have a section titled Congressional Constituent Services with information on the availability of constituent services, the ability to access the Law Library at the facility to access a Department’s Privacy Waiver Authorizing Disclosure to a Third Party, ICE Form 60–001, or any successor form, Congressional Privacy Release Form, how to send it to their Member of Congress or a third-party individual assisting with their case, and the process described in paragraph (5) for filing a complaint for failure to receive such services.(3)Notice to congressional officeNot later than 7 days after a request is submitted pursuant to paragraph (1), an employee of the detention center in which the detainee is detained shall electronically submit a written notice to the congressional office that a detainee is seeking to receive constituent services as well as a copy of a Privacy Release from the appropriate congressional office.(4)Printing, copying, and correspondenceA detention center shall permit a detainee to access a computer, email, printing, and copying privileges, along with writing implements and paper to facilitate continued communication with their congressional office or other third-party individuals assisting with their case throughout the casework process.(5)Enforcement(A)In generalIf a detention center fails to provide the detainee access to a Department’s Privacy Waiver Authorizing Disclosure to a Third Party, ICE Form 60–001, or any successor form, or the Congressional Privacy Release form, within 30 days after requesting it, or is found to be in violation of any provision of this Act, a detainee, or third-party individual—(i)may submit a complaint to the detention center through such complaint or grievance process as the detention center may establish; or(ii)may bring a civil action against the agency which engaged in that violation in an appropriate United States district court to recover such relief as may be appropriate from.(B)LanguageA detention center shall give a detainee access to an interpreter for the purpose of completing and submitting a complaint under subparagraph (A) if the form is not available in the language they speak.(6)Congressional office definedIn this subsection, the term congressional office means the congressional office for the congressional district in which the last known residence of the detainee was located, or the residence of the requesting third-party..