Restoring Access for Detainees Act
- Bill Number
- H.R. 5941
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2025-11-07: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-06-05T08:07:30Z
AI-Generated Summary
Purpose of the Legislation
The Restoring Access for Detainees Act aims to provide limited free communication services to individuals detained by the Department of Homeland Security (DHS), primarily those in immigration custody. It seeks to help detainees consult with legal counsel, notify family members of their location, and maintain family ties, addressing gaps in current systems that may burden low-income or unrepresented detainees.
Key Provisions
- Sense of Congress: Expresses that detainees need better access to lawyers and family; notes a temporary free phone program during the COVID-19 emergency (up to 520 minutes/month) that ended in 2024 due to funding shortages; recommends using recent DHS funding to restart it.
- Definitions:
- Communication: Any exchange of information via phone, email, video, or other electronic means.
- Custody: Situation where a person (referred to as an "alien" in the bill, meaning non-citizen) is not free to leave, whether held by federal, state, local, or contracted entities.
- Free Communication Requirements (at federal expense):
- During the first 5 hours of custody or upon arrival at a new facility: At least one 10-minute call to an immediate family member to report location; continued attempts if unsuccessful.
- 200 free minutes per month for outgoing calls to family.
- Private communication opportunities with legal counsel, potential counsel, or consulate officials during initial periods.
- Access to officials investigating detention conditions (e.g., Immigration Detention Ombudsman, DHS Inspector General, or civil rights office).
- Unlimited free minutes for calls to legal entities (e.g., immigration courts, federal/state courts, Board of Immigration Appeals), the UN High Commissioner for Refugees, government offices for case documents, and ICE's professional responsibility office.
- Protocols and Protections:
- DHS must create rules to prevent staff from discouraging or retaliating against detainees using these services or making paid calls.
- Facilities can set time, place, and manner rules for communications, but these must be consistent, provided to detainees upon arrival, and publicly available; no limits on legal calls' duration or automatic cut-offs; incoming calls do not count toward free minute limits.
- Confidentiality: Communications with lawyers, investigators, or listed legal entities cannot be monitored or recorded (except with a court-issued warrant) and must occur in private spaces.
- Savings Provision: Does not override any existing legal settlements in place before enactment.
Significant Changes to Existing Law
- Introduces mandatory free communication entitlements, restoring and expanding a COVID-era program that was discontinued.
- Shifts costs to the federal government, potentially reducing reliance on paid services that previously charged detainees high rates.
- Adds new safeguards against interference with access and enhances privacy for legal communications, which may not have been uniformly protected before.
- Ties implementation to recent DHS funding increases, making it a funded mandate rather than an unfunded requirement.
Potential Impacts
- Government Agencies: DHS and ICE must allocate funds, develop protocols, and train staff, increasing administrative and operational costs but improving oversight and compliance with detention standards.
- Citizens and Detainees: Non-citizen detainees (including indigent ones) gain easier, free access to family and legal support, potentially speeding up case resolutions and reducing isolation; U.S. citizen family members benefit from better contact.
- International Relations: Facilitates consulate communications and UN refugee office access, which could strengthen diplomatic ties and support international human rights norms for migrant treatment.
- Overall, may reduce detention-related complaints or lawsuits by addressing communication barriers.
Main Stakeholders Affected
- Immigration Detainees: Primary beneficiaries, especially those in civil (non-criminal) immigration custody, gaining free and private communication options.
- DHS and ICE: Responsible for implementation, funding, and enforcement; facilities (federal, state, local, or contracted) must adapt policies.
- Legal Professionals and Advocates: Lawyers, immigration courts, and oversight offices (e.g., Ombudsman, Inspector General) benefit from unlimited, confidential access to clients.
- Families and Communities: Immediate family members receive notifications and ongoing contact, reducing uncertainty.
- International Entities: Consulates and the UN High Commissioner for Refugees get direct, free access to detainees.
- Taxpayers: Bear the cost through federal funding.
Notable Legal, Constitutional, or Political Implications
- Legal: Enhances due process rights by ensuring access to counsel (a key immigration proceeding requirement) and protects against arbitrary detention practices; confidentiality provisions align with attorney-client privilege and Fourth Amendment privacy expectations, with narrow warrant exceptions to balance security needs.
- Constitutional: Supports First Amendment (free speech via communication) and Fifth/Sixth Amendment (fair legal process) principles for detainees, potentially reducing challenges under the Constitution's detention clauses.
- Political: Reflects bipartisan immigration reform priorities (introduced by Democrats but addresses broad humanitarian concerns); could influence debates on detention funding and conditions amid ongoing border policy discussions, without altering core enforcement laws.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (49)
Rep. Jayapal, Pramila [D-WA-7], Rep. Bonamici, Suzanne [D-OR-1], Rep. Chu, Judy [D-CA-28], Rep. Carbajal, Salud O. [D-CA-24], Rep. Pingree, Chellie [D-ME-1], Rep. Goldman, Daniel S. [D-NY-10], Rep. Ansari, Yassamin [D-AZ-3], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Larsen, Rick [D-WA-2], Rep. Lieu, Ted [D-CA-36], Rep. Watson Coleman, Bonnie [D-NJ-12], Rep. Min, Dave [D-CA-47], Rep. Pou, Nellie [D-NJ-9], Rep. Tokuda, Jill N. [D-HI-2], Rep. Balint, Becca [D-VT-At Large], Rep. Randall, Emily [D-WA-6], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Scanlon, Mary Gay [D-PA-5], Rep. Clarke, Yvette D. [D-NY-9], Rep. Friedman, Laura [D-CA-30], Rep. Wilson, Frederica S. [D-FL-24], Rep. Johnson, Julie [D-TX-32], Rep. Williams, Nikema [D-GA-5], Rep. Kelly, Robin L. [D-IL-2], Rep. Kamlager-Dove, Sydney [D-CA-37], Rep. Subramanyam, Suhas [D-VA-10], Rep. Hoyle, Val T. [D-OR-4], Rep. Salinas, Andrea [D-OR-6], Rep. Crockett, Jasmine [D-TX-30], Rep. Lofgren, Zoe [D-CA-18], Rep. Tlaib, Rashida [D-MI-12], Rep. Fletcher, Lizzie [D-TX-7], Rep. Morrison, Kelly [D-MN-3], Rep. Wasserman Schultz, Debbie [D-FL-25], Rep. Escobar, Veronica [D-TX-16], Rep. Tran, Derek [D-CA-45], Rep. McIver, LaMonica [D-NJ-10], Rep. Lee, Susie [D-NV-3], Rep. Cisneros, Gilbert Ray [D-CA-31], Rep. Sorensen, Eric [D-IL-17], Del. Plaskett, Stacey E. [D-VI-At Large], Rep. Deluzio, Christopher R. [D-PA-17], Rep. Magaziner, Seth [D-RI-2], Rep. Peters, Scott H. [D-CA-50], Rep. Davis, Danny K. [D-IL-7], Rep. Rivas, Luz M. [D-CA-29], Rep. Horsford, Steven [D-NV-4], Rep. Latimer, George [D-NY-16], Rep. Thanedar, Shri [D-MI-13]
Recent Actions
- 2025-11-07: Referred to the House Committee on the Judiciary.
- 2025-11-07: Introduced in House
- 2025-11-07: Introduced in House
Bill Versions
- Restoring Access for Detainees Act — issued 2025-11-07 — PDF (7 pages)