Restricting Solitary Confinement in Immigration Detention Act of 2024

The term appropriate level of care means the appropriate treatment setting for mental health care that a detained noncitizen with mental illness requires, which may include outpatient care, emergency or crisis services, day treatment, supported residential housing, infirmary care, or inpatient psychiatric hospitalization services.

The term intellectual disability means a significant mental impairment characterized by significant limitations in intellectual functioning and adaptive behavior.

The term longer-term separation means a nonpunitive form of separation that removes a detained noncitizen from the general population of a detention center or other facility in which the noncitizen is being detained for—

(A) investigative, protective, or preventative reasons because of a substantial and immediate threat to the safety or security of the detained noncitizen, other detained noncitizens, staff, or the public; or

(B) temporary administrative reasons.

The term multidisciplinary staff committee means a committee—

(A) composed of staff at the facility at which a detained noncitizen resides who are responsible for reviewing the initial placement of the noncitizen in longer-term separation and any extensions of time in longer-term separation; and

(B) that includes—

(i) not fewer than 2 licensed mental health professionals;

(ii) not fewer than 2 medical professionals; and

(iii) not fewer than 1 member of the leadership of the facility.

The term noncitizen has the meaning given the term alien in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).

The term protection case means a detained noncitizen who, by the request of the noncitizen or through a staff determination, requires protection.

The term Secretary means the Secretary of Homeland Security.

The term serious mental illness means—

(A) a finding by a qualified mental health professional that the detained noncitizen is at serious risk of substantially deteriorating mentally or emotionally while confined in solitary confinement or longer-term separation, or already has so deteriorated while confined in solitary confinement or longer-term separation, such that diversion or removal is deemed to be clinically appropriate by a qualified mental health professional; or

(B) a current or recent diagnosis by a qualified mental health professional of 1 or more of the following disorders and any comparable disorders described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders:

(i) Schizophrenia or another psychotic disorder.

(ii) Major depressive disorder.

(iii) Any type of bipolar disorder.

(iv) A neurodevelopmental disorder, dementia, or other cognitive disorder, including autism spectrum disorder.

(v) Any disorder commonly characterized by breaks with reality or perceptions of reality.

(vi) Any type of anxiety disorders.

(vii) Trauma or stressor related disorder.

(viii) Severe personality disorders.

The term solitary confinement means confinement in a cell, other housing location, or other space that is not shared space conducive to meaningful group interaction, whether alone or with 1 or more other detained noncitizens.

The term substantial and immediate threat means a set of circumstances that require immediate action in order to combat a significant threat to the safety of a detained noncitizen, other detained noncitizens, staff, or the public.

The term U.S. Customs and Border Protection facility means—

(A) a detention facility owned and administered by U.S. Customs and Border Protection; or

(B) a Federal, State, local, or private facility that has contracted (directly or indirectly) with U.S. Customs and Border Protection to detain noncitizens in Federal custody, and regardless of any time limits that exist for the duration of the detention in such a facility.

The term U.S. Immigration and Customs Enforcement facility means—

(A) a detention facility owned and administered by U.S. Immigration and Customs Enforcement; or

(B) a Federal, State, local, or private facility that has contracted (directly or indirectly) with U.S. Immigration and Customs Enforcement to detain noncitizens in Federal custody, including a facility of the United States Marshals Service that houses detained noncitizens, and regardless of any time limits that exist for the duration of the detention in such a facility.

A detained noncitizen may not be placed in solitary confinement within a U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection facility unless such confinement—

(A) is necessary to address immediate circumstances that pose a substantial and immediate threat;

(B) is limited to the briefest term and the least restrictive conditions practicable, including—

(i) not more than 8 hours immediately following an incident precipitating placement in solitary confinement;

(ii) not more than 8 hours during any 24-hour period; and

(iii) not more than 16 hours during any 7-day period; and

(C) complies with the provisions of this section.

A detained noncitizen may not be placed in longer-term separation within a U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection facility unless such separation—

(A) is limited to the briefest term and the least restrictive conditions practicable, including not fewer than 10 hours of out-of-cell time every day;

(B) is consistent with the rationale for placement and with the progress achieved by the detained noncitizen;

(C) allows a detained noncitizen to have meaningful access to counsel and to participate in meaningful out-of-cell group programming opportunities in a classroom or equivalent setting, out-of-cell group recreation, and privileges that are similar to those available in the general population;

(D) allows the detained noncitizen to have as much meaningful interaction with others, such as other detained noncitizens, counsel, visitors, clergy, or licensed mental health professionals, as people in the general population;

(E) is for the purposes of longer-term separation as detailed in the provisions of this section;

(F) is determined to be necessary following the consideration of all alternatives by facility personnel, including release; and

(G) complies with the provisions under this section.

The Secretary—

(A) shall limit longer-term separation in U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facilities—

(i) to situations in which such separation is necessary to control a substantial and immediate threat that cannot be addressed through alternative housing; and

(ii) to a duration of not more than 7 consecutive days, and not more than 7 days in a 14-day period, unless the detained noncitizen—

(I) is a protection case and requests to remain in longer-term separation pursuant to paragraph (4)(B)(i);

(II) is provided with additional out-of-cell time, socialization, and programming opportunities; and

(III) is provided with not fewer than 10 hours of out-of-cell time each day; and

(B) may not permit the use of solitary confinement or longer-term separation as a form of discipline.

The Secretary—

(A) shall establish policies to ensure that a noncitizen who is a protection case—

(i) upon the request of such noncitizen, is released with a care plan; or

(ii) if release is not practicable, is transferred to the least restrictive safer alternative available, such as—

(I) an alternative to detention;

(II) an alternative general population unit in the same U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection facility; or

(III) an alternative U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection facility; and

(B) may not place a detained noncitizen who is a protection case in solitary confinement or longer-term separation due to the status of the noncitizen as a protection case unless—

(i) the noncitizen requests to be placed in solitary confinement or longer-term separation, in which case—

(I) at the request of such noncitizen, the noncitizen shall be released with a care plan; or

(II) if release is not practicable, the noncitizen is transferred to the least restrictive safer alternative available, such as—

(aa) an alternative to detention;

(bb) an alternative general population unit in the same U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection facility; or

(cc) an alternative U.S. Immigration and Customs Enforcement or U.S. Border Protection facility;

(ii) such confinement is limited to—

(I) not more than 8 hours of solitary confinement and not more than 5 days of longer-term separation; and

(II) time to prepare the noncitizen for transfer to a safer alternative, such as any of the alternatives described in items (aa) through (cc) of clause (i)(II); and

(iii) the noncitizen has been verbally informed of any available alternatives; and

(C) not later than 90 days after the date of the enactment of this Act, shall—

(i) initiate a plan to ensure that each U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection facility includes alternative general population units in accordance with subparagraphs (A)(ii)(II) and (B)(i)(II)(bb); and

(ii) submit a report on the implementation of such plan to—

(I) the Committee on Homeland Security and Governmental Affairs of the Senate;

(II) the Committee on the Judiciary of the Senate;

(III) the Committee on Homeland Security of the House of Representatives; and

(IV) the Committee on the Judiciary of the House of Representatives.

A U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection facility may not place a detained noncitizen in solitary confinement if—

(i) except as provided in subparagraph (B), the detained noncitizen—

(I) is younger than 25 years of age;

(II) has a serious mental illness or an intellectual disability;

(III) has a physical disability that a licensed medical professional determines is likely to be exacerbated by placement in solitary confinement or that solitary confinement is clinically contraindicated;

(IV) is pregnant or is in the first 8 weeks of the postpartum recovery period after giving birth; or

(V) has been determined by a licensed medical processional to be likely to be significantly adversely affected by placement in solitary confinement;

(ii) the detained noncitizen is lesbian, gay, bisexual, transgender, intersex, or gender nonconforming (as such terms are defined in section 115.5 of title 28, Code of Federal Regulations, or in any successor regulation), if such placement is based (in whole or in part) on such identification or status;

(iii) the detained noncitizen is HIV positive, if the placement is based (in whole or in part) on such HIV positive status;

(iv) the placement is based (in whole or in part) on the detained noncitizen’s race, religion, or nationality; or

(v) if the noncitizen is not a protection case, the placement is based (in whole or in part) on—

(I) the detained noncitizen’s report of an incident of abuse or misconduct;

(II) the detained noncitizen’s decision to engage in a hunger strike; or

(III) any other form of retaliation against the detained noncitizen.

The limitation on solitary confinement described in subparagraph (A)(i) shall not apply if—

(i) such confinement is a temporary response to the behavior of the detained noncitizen, which poses a substantial and immediate threat;

(ii) all other options to de-escalate the situation have been exhausted, including less restrictive techniques such as—

(I) penalizing the detained noncitizen through loss of privileges;

(II) speaking with the detained noncitizen in an attempt to de-escalate the situation; and

(III) providing an appropriate level of care through a licensed mental health professional;

(iii) such confinement is limited to—

(I) 3 hours after the detained noncitizen is placed in solitary confinement, if the noncitizen poses a substantial and immediate threat to others; or

(II) 30 minutes after the detained noncitizen is placed in solitary confinement, if the noncitizen poses a substantial and immediate threat only to the noncitizen’s self; and

(iv) if, after the applicable maximum period of confinement under subclause (I) or (II) of clause (iii) has expired, the detained noncitizen continues to pose a substantial and immediate threat described in the applicable subclause—

(I) the detained noncitizen is transferred to the least restrictive safer alternative available pursuant to paragraph (4)(B)(i)(II); or

(II) if a qualified mental health professional believes the level of crisis service needed is not currently available, a staff member of the facility initiates a referral to a location that can meet the needs of the detained noncitizen.

Noncitizens placed in solitary confinement and longer-term separation shall be—

(A) offered meaningful access to counsel to the same extent that detained noncitizens in the general population are offered access to counsel; and

(B) notified in writing of their right to access to counsel before being placed in solitary confinement or longer-term separation.

The Secretary shall ensure that each noncitizen placed in longer-term separation—

(A) not later than 4 hours after the beginning of such placement, has access to written and verbal notice, in a language the noncitizen understands, that thoroughly details the basis for placement in longer-term separation, including—

(i) thorough documentation explaining why such confinement is permissible and necessary; and

(ii) if an exception under paragraph (3)(A)(ii), (4)(B), or (5)(B) is used to justify placement in longer-term separation, thorough documentation explaining why such an exception applies;

(B) has access to a timely, thorough, and continuous review process that—

(i) occurs not fewer than 2 days after being placed in longer-term separation, and thereafter not less frequently than weekly, unless more frequent reviews are otherwise required under this section;

(ii) includes private, face-to-face interviews with a multidisciplinary staff committee; and

(iii) examines whether—

(I) placement in solitary confinement was and remains necessary;

(II) the conditions of confinement comply with the requirements under this section; and

(III) any exception under paragraph (3)(A)(ii), (4)(B), or (5)(B) used to justify placement in longer-term separation was and remains warranted;

(C) has access to a process to appeal the initial placement or continued placement of the detained noncitizen in longer-term separation;

(D) receives prompt and timely written notice of the appeal procedures; and

(E) receives copies of all documents, files, and records relating to the detained noncitizen’s placement in longer-term separation, unless such documents contain contraband, classified information, or sensitive security-related information.

Not later than 6 hours after a detained noncitizen is placed in longer-term separation in a U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection facility, the noncitizen shall receive a comprehensive, face-to-face mental health evaluation by a licensed mental health professional in a confidential setting.

A detained noncitizen diagnosed with a serious mental illness after an evaluation described in paragraph (1)—

(A) may not be placed in solitary confinement; and

(B) shall receive an appropriate level of care to address the detained noncitizen’s mental health needs.

After each 7-day period during which a detained noncitizen is held in continuous placement in longer-term separation—

(A) a licensed mental health professional shall conduct a comprehensive, face-to-face, out-of-cell mental health evaluation of the noncitizen in a confidential setting; and

(B) the Secretary shall adjust the placement of the noncitizen in accordance with this subsection.

All employees of a U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection facility and any contracted personnel working at such facility who interact with noncitizens on a regular basis shall be required to complete training in—

(A) recognizing the symptoms of mental illness;

(B) the potential risks and side effects of psychiatric medications;

(C) the consequences of untreated mental illness;

(D) the long- and short-term psychological effects of solitary confinement;

(E) the harms faced by vulnerable populations in solitary confinement;

(F) the benefits of release from detention for vulnerable populations;

(G) de-escalation and communication techniques for safely managing individuals with mental illness; and

(H) de-escalation and communication techniques for diverting detained noncitizens from situations that may lead to the noncitizen being placed in solitary confinement or longer-term separation.

An employee of a U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection facility shall immediately notify a member of such facility’s medical or mental health staff if such employee—

(A) observes a detained noncitizen with signs of mental illness, unless such employee has knowledge that the noncitizen’s signs of mental illness have previously been reported; or

(B) observes a detained noncitizen with signs of a mental health crisis;

Not later than 90 days after the date of the enactment of this Act, all employees of U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection who regularly interact with detained noncitizens, supervise detention facility personnel, or review solitary confinement or longer-term separation placements shall complete supplemental training in the policies governing the use of solitary confinement and longer-term separation required by this Act.

Each U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection facility shall submit a daily report to the Director of U.S. Immigration and Customs Enforcement, the Commissioner of U.S. Customs and Border Protection, and the Office of the Principal Legal Advisor of the Department of Homeland Security that identifies, with respect to the applicable day—

(A) any detained noncitizens who were placed in solitary confinement or longer-term separation, including—

(i) the rationale behind each such placement;

(ii) whether any exception listed in subsection (a) was used to justify placement in solitary confinement or increased restrictive conditions in solitary confinement was applied; and

(iii) any steps that were taken by facility personnel to seek alternatives to placing each individual noncitizen in solitary confinement or longer-term separation;

(B) the continued detention of any noncitizens in longer-term separation, including—

(i) the number of days such noncitizens have been detained in longer-term separation; and

(ii) an explanation of the application of any exception listed in subsection (a) that was used to justify an adjustment to the noncitizen’s time or conditions in longer-term separation; and

(C) the release of any detained noncitizens from solitary confinement or longer-term separation.

The Secretary, without revealing personally identifiable information, shall publish online weekly updates regarding—

(A) the number of unique noncitizens placed or remaining in solitary confinement or longer-term separation at each U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facility, disaggregated by race, age, gender identity, documented mental health status, documented disability, pregnancy or postpartum status, identification as lesbian, gay, bisexual, transgender, intersex, or gender nonconforming, length of time in solitary confinement, type of housing unit, and length of time in such housing unit; and

(B) any instances in which facility staff have placed a detained noncitizen—

(i) in solitary confinement for more than 8 hours; or

(ii) in longer-term separation for more than 7 days.

The Director of the appropriate Enforcement and Removal Operations field office within U.S. Immigration and Custom Enforcement and the Director of the appropriate field office within U.S. Customs and Border Protection shall—

(i) on a weekly basis—

(I) review the daily reports from each U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facility under the Director's jurisdiction; and

(II) certify, as appropriate, that each such facility is in compliance with this Act;

(ii) report any instances in which a U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facility failed to comply, or is suspected of failing to comply, with this Act to the Office of Immigration Detention Ombudsman; and

(iii) direct any U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facility that failed to comply, or is suspected of failing to comply, with this Act to immediately address any such failures to comply, including by immediately removing a detained noncitizen from solitary confinement or longer-term separation if the noncitizen’s placement or continued detention in solitary confinement or longer term separation was not in compliance with this Act.

The Office of Immigration Detention Oversight shall—

(i) promptly review any reports received pursuant to subparagraph (A)(ii);

(ii) submit monthly reports to the Director of U.S. Immigration and Customs Enforcement and the Commissioner of U.S. Customs and Border Protection that identify areas of concern regarding particular cases or facilities that warrant further examination; and

(iii) publish such monthly reports on a publicly accessible website.

(1) assemble a team of licensed mental health professionals, which shall include licensed mental health professionals who are not employed by the Department of Homeland Security, to conduct a comprehensive mental health reevaluation for each noncitizen held in longer-term separation for more than 7 days (as of the date of enactment of this Act), including a confidential, face-to-face, out-of-cell interview by a licensed mental health professional; and

(2) adjust the placement of each noncitizen based on the results of such interview, in accordance with this Act.

Section 705 of the Homeland Security Act of 2002 (6 U.S.C. 345) is amended by adding at the end the following:

In this subsection, the terms U.S. Immigration and Customs Enforcement facility and U.S. Customs and Border Protection facility have the meaning given such terms in section 2 of the Restricting Solitary Confinement in Immigration Detention Act of 2024.

The Secretary shall ensure that each U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facility provides multiple internal ways for noncitizens and others to promptly report violations of section 3 of the Restricting Solitary Confinement in Immigration Detention Act of 2024 to the Office of Immigration Detention Oversight and the Officer for Civil Rights and Civil Liberties, including not less than 2 procedures for noncitizens and others to report violations of section 3 of such Act to—

(A) an entity or office that—

(i) is not part of the facility; and

(ii) is able to receive and immediately forward reports to the Office of Immigration Detention Oversight and the Officer for Civil Rights and Civil Liberties, allowing the noncitizen to remain anonymous upon request; and

(B) the Office of Immigration Detention Oversight and the Officer for Civil Rights and Civil Liberties in a confidential manner, allowing the noncitizen to remain anonymous upon request.

The Secretary shall ensure that each U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facility provides noncitizens with—

(A) notice of how to report violations of section 4 of the Restricting Solitary Confinement in Immigration Detention Act of 2024 in accordance with paragraph (2), including—

(i) notice prominently posted in the living and common areas of each such facility;

(ii) individual notice to noncitizens at initial intake into a U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facility, when transferred to a new facility, and when placed in solitary confinement and longer-term separation;

(iii) notice to noncitizens with disabilities in accessible formats; and

(iv) written or verbal notice in a language the noncitizen understands; and

(B) notice of permissible practices related to solitary confinement in U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facilities, including the requirements under section 3 of such Act.

Not later than 24 hours after the placement of a detained individual in solitary confinement or longer-term separation, the Secretary shall ensure that each U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facility notifies the Office of the Immigration Detention Ombudsman and the Officer for Civil Rights and Civil Liberties of such placement.

The Secretary shall ensure that the Officer for Civil Rights and Civil Liberties—

(A) has unrestricted access to U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection facilities; and

(B) is able to review documents, request and review information, and speak privately with noncitizens, contractors, volunteers, U.S. Immigration and Customs Enforcement facility staff, and U.S. Customs and Border Protection facility staff.

Not later than 90 days after the last day of each fiscal year, the Officer for Civil Rights and Civil Liberties and the Office of Immigration Detention Ombudsman shall—

(i) analyze the use of solitary confinement and longer term separation in U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facilities during such fiscal year;

(ii) submit a joint assessment containing the results of such analysis to the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives; and

(iii) publish such assessment on a publicly accessible website.

Each assessment submitted pursuant to subparagraph (A)(ii) shall include aggregated and disaggregated data reported by U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facilities, to be provided by U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection to the Officer for Civil Rights and Civil Liberties not later than 30 days after the last day of each fiscal year, including—

(i) the policies and regulations of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection, including—

(I) any changes in policies and regulations, for determining which noncitizens are placed in solitary confinement or longer-term separation; and

(II) a detailed description of the conditions and restrictions of solitary confinement and longer-term separation;

(ii) the number of noncitizens in U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facilities who were housed in solitary confinement or longer-term separation for any period;

(iii) the percentage of all noncitizens who spent any time in solitary confinement or longer-term separation during the reporting period;

(iv) the demographics of all noncitizens housed in solitary confinement or longer-term separation, including race, ethnicity, religion, age, and gender;

(v) the policies and regulations of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facilities, including any updates in policies and regulations, for subsequent reviews or appeals of the placement of a detained noncitizen into or out of solitary confinement or longer-term separation;

(vi) the number of reviews of and challenges to the placement of a detained noncitizen in solitary confinement or longer-term separation during the reporting period and the number of such reviews or appeals that directly resulted in a change of placement;

(vii) a detailed description of the conditions and restrictions for solitary confinement and longer-term separation, including—

(I) the number of hours spent in isolation; and

(II) the percentage of time such conditions involved 2 noncitizens who were placed together in solitary confinement;

(viii) the mean and median length of stay in solitary confinement or longer-term separation, based on all individuals released from solitary confinement or longer-term separation during the reporting period, and any maximum length of stay during the reporting period;

(ix) the cost of each form of solitary confinement and longer-term separation described in subparagraph (A) in use during the reporting period, including a comparison with the average daily cost of housing a detained noncitizen in the general population;

(x) the policies for mental health screening, mental health treatment, and subsequent mental health reviews for all detained noncitizens, including—

(I) any update to such policies; and

(II) any additional screening, treatment, and monitoring for detained noncitizens in solitary confinement or longer-term separation;

(xi) a statement of the types of mental health staff that conducted mental health assessments for U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facilities during the reporting period;

(xii) a description of the different positions in the mental health staff of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facilities;

(xiii) the number of part- and full-time psychologists and psychiatrists employed by U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facilities during the reporting period;

(xiv) data on mental health and medical indicators for all detained noncitizens in solitary confinement or longer-term separation including—

(I) the number of noncitizens requiring medication for mental health conditions;

(II) the number diagnosed with an intellectual disability;

(III) the number diagnosed with serious mental illness;

(IV) the number of suicides;

(V) the number of deaths;

(VI) the number of attempted suicides by unique noncitizens and the number of unique noncitizens placed on suicide watch;

(VII) the number of instances of self-harm committed by unique noncitizens;

(VIII) the number of noncitizens with physical disabilities, including blind, deaf, and mobility-impaired noncitizens; and

(IX) the number of instances of forced feeding of noncitizens;

(xv) any instances in which the Director of an Enforcement and Removal Operations field office reported that a U.S. Immigration and Customs Enforcement facility in their jurisdiction failed to comply with, or was suspected of failing to comply with, any provision of the Restricting Solitary Confinement in Immigration Detention Act of 2024 or a Director of an Office of Field Operations reported that a U.S. Customs and Border Protection facility in their jurisdiction failed to comply with, or was suspected of failing to comply with, the Restricting Solitary Confinement in Immigration Detention Act of 2024; and

(xvi) any other relevant data.

Each assessment submitted pursuant to subparagraph (A)(ii) shall include—

(i) an analysis of the data described in subparagraph (B);

(ii) recommendations for reform offered to the Director of U.S. Immigration and Customs Enforcement, the Commissioner of U.S. Customs and Border Protection, and the Secretary pursuant to paragraph (6); and

(iii) the response from U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, and the Department to such recommendations for reform.

Each assessment submitted pursuant to subparagraph (A)(ii) may be reviewed by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, and the Secretary before submission, but the Officer for Civil Rights and Civil Liberties and the Office of Immigration Detention Ombudsman has final authority with respect to the text and the release of such assessment.

The Officer for Civil Rights and Civil Liberties and the Office of Immigration Detention Ombudsman shall meet regularly with the Secretary and the Director of U.S. Immigration and Customs Enforcement and the Commissioner of U.S. Customs and Border Protection—

(A) to identify problems with the solitary confinement and longer-term separation policies and practices in U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facilities, including the overuse of solitary confinement and longer-term separation; and

(B) to present recommendations for such administrative action as may be appropriate to resolve problems relating to solitary confinement and longer-term separation policies and practices in U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facilities.

Not later than December 31 of each year, the Inspector General of the Department of Homeland Security shall post a report on a publicly accessible website that analyzes—

(1) the use of solitary confinement and longer-term separation in U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection facilities; and

(2) the Department’s compliance with this Act and the amendments made by this Act.

Any person who is injured by a violation of section 3 may bring a civil action in the appropriate United States district court against any person, entity, or other relevant party who violated such section for—

(1) declaratory and injunctive relief, including directing the closure of the facility, building, or unit where the violation took place if such facility, building, or unit is in repeated and systemic noncompliance with such section; and

(2) such money damages as the court determines appropriate, including damages for emotional pain and suffering.

In a civil action brought pursuant to subsection (a), the court, in addition to any other relief awarded under such subsection, may award reasonable attorney’s fees and costs of the action to the prevailing plaintiff.

Any person who is injured by any action by a Federal official or a person contracting with a Federal agency in a Federal facility, in violation of the Constitution of the United States, may bring a civil action in the appropriate United States district court against such official, person, or agency for—

(A) declaratory and injunctive relief, including directing the closure of the facility, building, or unit where the violation took place; and

(B) such money damages as the court determines appropriate, including damages for emotional pain and suffering.

In an action filed pursuant to paragraph (1), the court, in addition to any other relief awarded under such paragraph, may award reasonable attorney’s fees and costs of the action to the prevailing plaintiff.