H.R. 10107: Families Deserve to Know Act

This bill would require U.S. Immigration and Customs Enforcement (ICE) to create and follow rules for notifying a detained person’s next of kin or emergency contact if the person dies, becomes seriously ill, or is seriously injured while in ICE custody.

What ICE would have to do

• Within 180 days of enactment, the Department of Homeland Security would have to set up ICE notification policies.
• When ICE takes someone into custody, it would have to ask for emergency contact information, including:
  • names, phone numbers, addresses, and email addresses of people to notify;
  • the order in which those contacts should be notified;
  • whether the person wants a faith leader involved;
  • and whether the person has medical documents such as a health care proxy, advance directive, or do-not-resuscitate order.
• ICE would have to let the person update this information every 90 days and at any time they want.
• The information would have to be provided in a language the person understands, with interpretation if needed.
• ICE would have to use a standard form and keep it in the person’s custodial record.

When notification would be required

• If a person dies in ICE custody, ICE would have to notify the emergency contact within 12 hours of the death being declared or discovered, during certain hours in the contact’s local time.
• If a person suffers a serious illness or serious injury, ICE would have to notify the emergency contact as soon as practical, and no later than:
  • 12 hours after the person is admitted to a hospital, has emergency surgery, is admitted to an ICU, or becomes unable to communicate; or
  • 24 hours after another serious illness or injury.
• ICE would also have to notify the person’s lawyer in pending immigration or federal court cases within the same time limits.
• ICE would have to coordinate with consulates when required, but that coordination could not delay the notification.

What the notifications would have to include

• For a death, ICE would have to provide details such as the time of death, cause of death if known, whether an investigation is happening, where the person was held, where they were taken for treatment, what happens to the remains and property, and a contact person at ICE.
• If the cause of death is not known yet, ICE would have to follow up within 24 hours after it is determined.
• For serious illness or injury, ICE would have to provide information such as the nature of the medical event, whether the person is unconscious or unable to speak, what medical procedures are being done, where treatment is taking place, contact information for the responsible ICE official, and how the family can communicate with the person if medically appropriate.

Additional procedures

• The bill would require ICE to handle notifications in a private, compassionate, and professional way, preferably by trained staff.
• It would set rules for voicemail content and allow an in-person or virtual meeting after a death notification if it is offered during a call.
• A person could choose not to have ICE notify their emergency contact, or could ask to make the notification themselves, if they are able to communicate.
• For deaths, ICE would have to provide rules for handling belongings and remains, including possible repatriation of remains with consular help if requested.
• ICE would have to document every notification attempt, including who made it, when, how, and whether it succeeded.
• If notification cannot be completed on time, ICE would have to keep trying at least every 24 hours.
• In serious medical cases, ICE would have to give the emergency contact a meaningful chance to communicate with medical staff and, when practical, visit the person.
• If an autopsy is planned after a death, ICE would have to notify the family within 12 hours and later provide the autopsy report and results.

Delays, privacy, and limits

• ICE could delay notification only if the Homeland Security Secretary writes that immediate notice would create a public safety risk, interfere with an active criminal investigation, or put the person at serious risk of harm.
• Any delay would have to be reviewed every 24 hours and could not last more than 72 hours unless the Secretary personally approves a longer delay in writing.
• Information collected for this law could only be used for the purposes in the bill and could not be used in other ways.
• The bill says people do not have to give emergency contact information, and ICE could not punish or pressure them for refusing.
• Information obtained in violation of the bill could not be used as evidence in court or immigration proceedings, except if it was found independently.

Where and when the law would apply

• The rules would apply to deaths in ICE custody and also to deaths within 30 days after release if ICE knows or should know about the death.
• They would apply to all ICE detention facilities, including contracted and government-run facilities.
• Contracts with detention operators would have to require compliance with the law.
• Contractors could face a civil penalty of $100,000 for each day a required notification is not made.
• If there are two or more failures at the same facility within 12 months, the contract could be terminated and the contractor barred from operating a covered facility for 3 years.

Reporting, oversight, and lawsuits

• ICE would have to notify Congress within 24 hours of a covered death.
• DHS would have to publish a public notice within 2 business days with the facility and known circumstances.
• Within 90 days, DHS would have to publish a report on the death, including medical care, a timeline, and review results.
• Deaths would have to be reviewed by ICE’s professional responsibility office or an equivalent office, with results shared with civil rights and inspector general offices.
• DHS would have to report to Congress every 6 months on deaths, delays, releases during medical emergencies, and complaints.
• The DHS Inspector General would have to audit compliance at least every 2 years.
• The bill would create a complaint process for family members, emergency contacts, or representatives.
• People affected by violations could sue the federal government, contractors, or officials. The bill would allow damages, injunctive relief, attorney’s fees, and punitive damages in some cases, and each day a notification is late would count as a separate violation.

Other provisions

• The bill says it does not create immigration benefits, change detention authority, or alter existing medical privacy protections.
• It also says it does not replace other reporting requirements, including those under the Death in Custody Reporting Act.
• The bill would not authorize new funding; DHS would have to carry it out using existing funds.

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