Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
H.R. 6397 significantly reforms the immigration detention system by establishing strict detention standards, creating alternatives to incarceration, and implementing robust oversight mechanisms. The bill requires the Department of Homeland Security to adopt American Bar Association detention standards within one year, phase out private for-profit detention facilities by year three, and create community-based case management programs that provide services like legal aid and housing as alternatives to detention. It prohibits the detention of anyone under 18, presumes immigrants should be released rather than detained, and requires bail decisions to be based on ability to pay rather than as punishment, while strengthening protections for vulnerable populations including pregnant individuals and trauma survivors. The legislation also mandates mandatory inspections by the Inspector General, public reporting of facility conditions and deaths, a detainee locator system updated within 12 hours, and Congressional oversight authority—with penalties ranging from fines to contract termination for facilities that fail inspections. These reforms take effect over three years, with key provisions like the detention standards and removal period reductions (from 90 to 60 days) implemented within the first year.
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