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H.R. 5941: Restoring Access for Detainees Act

The Restoring Access for Detainees Act is a proposed piece of legislation aimed at improving communication for individuals in civil immigration detention. Here is a summary of its key points:

Purpose

The bill seeks to provide detainees with better access to communication, primarily with their legal counsel and family members. This is seen as essential for addressing their legal needs and maintaining important ties with loved ones.

Restoration of Free Telephone Service

The bill proposes the following specific communication requirements for detainees:

Upon entering custody, detainees would be provided at least one 10-minute call to an immediate family member to inform them of their location.
If detainees cannot successfully make this call within the initial five hours, they will be allowed to continue attempting to contact family members.
Detainees will receive a minimum of 200 free minutes per month for outgoing calls to family members and other specified contacts.
Within the first five hours of custody or upon arriving at a new facility, they shall have the opportunity to communicate privately with their legal counsel or potential counsel.
Detainees should also have a chance to communicate privately with officials investigating detention conditions, such as the Immigration Detention Ombudsman.
Unlimited free minutes will be provided for communication with certain officials, including immigration courts, consulates, and certain government offices pertinent to the detainee’s case.

Protocols and Limitations

The bill mandates the Secretary of Homeland Security to develop protocols ensuring detainees are not hindered from accessing these communication options. It also emphasizes that detention facilities cannot impose arbitrary limits on communication with legal representatives.

Confidentiality Protections

Communications made to legal counsel and certain official bodies will be confidential, ensuring they cannot be monitored or recorded. This is intended to create a safe environment for sharing sensitive information. An exception exists if a government official possesses a legal warrant for monitoring such communications.

Funding Considerations

The legislation draws attention to previously implemented programs, noting that during the COVID-19 pandemic, detainees were provided free communication minutes, which were later discontinued due to funding issues. It suggests that a portion of recent additional funding for Immigration and Customs Enforcement should be allocated to restore this free service program.

General Provisions

The bill includes a provision stating that it should not interfere with existing settlement agreements related to detainee communications that were already in effect as of the bill's enactment date.