S. 2864: Humanitarian Standards for Individuals in U.S. Customs and Border Protection Custody Act


Quick Facts:

Bill Sponsor: Sen. Ben Ray Luján (D-NM)

Congress: 118

Date Introduced: Sept. 20, 2023

Last Action: Read twice and referred to the Committee on the Judiciary. (Sept. 20, 2023)

View on Congress.gov

Humanitarian Standards for Individuals in U.S. Customs and Border Protection Custody Act

This bill imposes requirements and standards related to the care of non-U.S. nationals (aliens under federal law) in U.S. Customs and Border Protection (CBP) custody.

CBP must conduct an initial health screening of each individual in custody to identify those with acute conditions and high-risk vulnerabilities and to provide appropriate healthcare. CBP must conduct the screening within 12 hours of each individual's arrival at a CBP facility, and within 6 hours for certain priority individuals such as children and individuals with disabilities.

The bill imposes various requirements related to providing such screenings, such as providing interpreters, chaperones, and mental health treatment when necessary.

CBP must ensure detainees have access to drinking water, toilets, sanitation facilities, hygiene products, food, and shelter. The bill imposes certain standards relating to such requirements, such as the minimum amount of drinking water for each detainee and the acceptable temperature range of the shelters.

The Department of Homeland Security (DHS) must enter into memoranda of understanding with various government agencies to address instances when surge capacity is necessary.

The DHS Office of the Inspector General must conduct unannounced inspections of ports of entry, border patrol stations, and detention facilities and report the results to Congress. The Government Accountability Office must assess CBP's management of such facilities, whether CBP and DHS processes are in compliance with this bill's requirements, and the behavior of CBP personnel in carrying out this bill.

DHS shall publicly release on its website, on a quarterly basis, aggregate data on complaints of sexual abuse at CBP facilities.

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