S. 3146: Restoring Access for Detainees Act (119th Congress) Bill Summary

This bill, known as the Restoring Access for Detainees Act, aims to improve communication access for individuals who are in the custody of the Department of Homeland Security (DHS), particularly those in civil immigration detention. Here are the key provisions of the bill:

1. Purpose

The primary goal is to restore and enhance communication options for detainees to ensure they can maintain contact with legal counsel and their families. This reinstates a program that allowed up to 520 free minutes of telephone service per month, which was implemented during the COVID-19 pandemic but was later discontinued.

2. Key Provisions for Detainees

Upon entering custody or arriving at a new detention facility, detainees must be allowed to make at least one phone call lasting a minimum of 10 minutes to inform an immediate family member about their location.
If a detainee cannot make contact within the first five hours, they must continue to have opportunities to do so.
Detainees will receive at least 200 free minutes each month for communications with family and other specified individuals.
During the initial period in custody, detainees must have the opportunity to speak privately with their legal counsel or consular officials.
Unlimited free communication must be available for certain communications, including those with legal representatives, immigration courts, and protective offices.

3. Establishing Protocols

The Secretary of Homeland Security is responsible for establishing protocols ensuring that detainees can access these communication options without hindrance or fear of retaliation. This includes making it clear that additional calls can be made at the detainee's expense.

4. Regulations on Communication

Detention facilities are authorized to establish policies regulating when and how communications can occur, but they cannot:

Limit the number of minutes that detainees can communicate with their legal representatives.
Set rules that automatically cut off calls.
Count incoming calls against the free minutes provided to detainees.

5. Confidentiality of Communications

Communications under certain provisions must not be monitored or recorded, ensuring privacy for discussions with legal representatives and specific officials. There are exceptions for instances involving a lawfully issued warrant.

6. Additional Notes

The bill includes a savings provision, indicating that it should not interfere with existing settlement agreements that were in place prior to its enactment.