H.R. 6149: Fairness and Access for Immigrant Rights Act

The bill, known as the Fairness and Access for Immigrant Rights Act (FAIR Act), seeks to enhance the rights and access to services for individuals detained in immigration detention centers. Here’s a breakdown of what the bill would do:

Access to Constituent Services

The bill proposes that detained individuals be granted access to certain forms and procedures that enable them to seek assistance from their congressional representatives. This includes:

• Privacy Waiver: Detainees will be allowed to request the Department’s Privacy Waiver Authorizing Disclosure to a Third Party, which is necessary to authorize information sharing with third parties, including congressional offices.
• Notification: Immigration detention centers must inform each detainee about their rights to request these forms within 24 hours of their arrival.
• Congressional Notices: If a detainee requests assistance, the detention center must notify the congressional office of their request within 7 days.

Access to Resources

The legislation mandates that detention centers provide detainees with the necessary resources to communicate with their congressional representatives or other individuals assisting with their cases. This includes:

• Communication Tools: Detainees shall have access to computers, email, printing, copying, and writing materials.
• Language Services: If the necessary resources or information are not available in the detainee's native language, professional interpretation must be provided.

Complaint Process

The bill outlines a process for detainees to file complaints regarding the failure to provide access to the requisite forms and services. Key aspects include:

• Complaint Submission: Detainees may submit complaints through the established grievance process of the detention center.
• Civil Action: If grievances are not addressed, detainees or their representatives can file a civil lawsuit against the detention center in federal court.
• Interpreter Access: Detainees will have the right to an interpreter when filing complaints if needed.

Implementation and Regulations

The bill requires the Secretary of Homeland Security to issue rules for implementing these changes within 180 days after enactment. Additionally, the Secretary must ensure notification regarding these rights and processes is sent to all immigration detention centers within 270 days.

Effective Date

The provisions of this bill will take effect 90 days after it is enacted.

Relevant Companies

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