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S. 681 (117th): COVID–19 in Immigration Detention Data Transparency 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 Jun 8, 2021.

COVID-19 in Immigration Detention Data Transparency Act

This bill requires U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and the Office of Refugee Resettlement (ORR) to collect and report various information about detained individuals, including data on COVID-19 (i.e., coronavirus disease 2019) testing.

During the COVID-19-related declared public health emergency and for one year after, ICE, CBP, and ORR shall publicly post on a website certain data about its detention facilities, including COVID-19 testing numbers for detained individuals and detention facility staff, COVID-19 case outcomes, vaccinations, and COVID-19-related information about detained individuals who were released or removed from the United States.

The Centers for Disease Control and Prevention (CDC) shall issue guidance as to the COVID-19-related data that ICE, CBP, and ORR must collect and report weekly to the CDC. The CDC shall periodically report to Congress a summary of this data and an analysis of the trends and pattern of the spread of the disease.

ICE, CPB, and ORR shall ensure that each detained individual receives all medical records related to any COVID-19 test administered to the individual.

ICE, CPB, and ORR shall also report to Congress on (1) the COVID-19 safety protocols in its facilities, and (2) information relating to their efforts to ensure that each detained individual has access to legal counsel.

This bill's data collection and reporting requirements that apply to ICE, CPB, and ORR shall also apply to any contract facilities that they use to hold detained individuals.