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S. 4741 (116th): End Transfers of Detained Immigrants Act

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Sep 29, 2020.

End Transfers of Detained Immigrants Act

This bill imposes requirements related to individuals in U.S. Immigration and Customs Enforcement (ICE) custody during the COVID-19 (i.e., coronavirus disease 2019) public health emergency declared by the Department of Health and Human Services.

ICE may not transfer an individual between ICE facilities until the COVID-19 transmission rate in the United States meets or drops below a certain threshold.

In addition, ICE may not apprehend or transfer an individual between an ICE detention facility and a facility operated by an outside entity, such as a state or local prison, unless the individual is tested for COVID-19 and placed in quarantine (1) for 14 consecutive days, or (2) until the test comes back negative.

These two requirements shall not prohibit the transfer of (1) an individual solely to process that individual's release from custody, or (2) a minor from ICE custody to the custody of the Office of Refugee Resettlement.

If ICE cannot ensure compliance with Centers for Disease Control and Prevention guidelines for mitigating the spread of COVID-19 (including maintaining social distancing requirements at all times) in any ICE facility, ICE shall (1) immediately review the custody of all detained individuals in that facility, and (2) release individuals found eligible for release.