H.R. 10909: Deaths in Custody Reporting Reform Act

Deaths in Custody Reporting Reform Act

This bill:

• Expands federal and state reporting requirements to cover the death of any alien in, in transit to, or departing from an immigration detention facility, including private contract facilities, as well as any death occurring unconditionally within 30 days of an alien's release from immigration detention;

• Requires the Director of U.S. Immigration and Customs Enforcement (ICE) and the Commissioner of "U.S. Customs and Border Patrol" [sic] (CBP) to notify Congress and publicly disclose on the Department of Homeland Security website within 48 hours any "covered death" of an alien occurring during detention, arrest, or pursuit by ICE, CBP, or assisting state and local law enforcement officers, or within 30 days of release from an immigration detention facility;

• Mandates that ICE and CBP complete an investigation within 90 days of a covered death to examine the circumstances of detention, review forensic and medical records, determine whether the alien received medical treatment meeting community and professional standards of care, and publish a public report on the agencies' websites; and

• Directs ICE and CBP to submit a joint annual report to Congress categorizing covered deaths, assessing patterns of deaths within and across detention facilities, and recommending preventative measures.