[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10107 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 10107
To establish Federal policies and procedures to notify the next-of-kin
or other emergency contact upon the death, serious illness, serious
injury, or hospitalization of an individual in the custody of U.S.
Immigration and Customs Enforcement, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 13, 2026
Mr. Torres of New York (for himself and Mr. Latimer) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish Federal policies and procedures to notify the next-of-kin
or other emergency contact upon the death, serious illness, serious
injury, or hospitalization of an individual in the custody of U.S.
Immigration and Customs Enforcement, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Families Deserve to Know Act''.
SEC. 2. EMERGENCY CONTACT NOTIFICATION POLICIES AND PROCEDURES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
implement policies and procedures for U.S. Immigration and Customs
Enforcement to notify the next-of-kin or other emergency contact in the
event of a covered death, or the serious illness or serious injury of
an individual in custody, consistent with the requirements of this
section.
(b) Emergency Contact Information.--The policies and procedures
described in subsection (a) shall address the collection and use of
emergency contact information, including the following:
(1) Information requested upon taking custody.--At the time
of taking custody, U.S. Immigration and Customs Enforcement
shall ask the individual--
(A) for the name, last known address, telephone
number, and email of any person or persons who shall be
notified in the event of the individual's death or
serious illness or serious injury, and who are
authorized to receive the individual's body;
(B) the order in which the individual prefers such
emergency contacts to be notified;
(C) whether the individual would like a faith
leader to participate in the notification process and,
if so, of what denomination; and
(D) whether the individual has in place a medical
proxy decision maker or medical power of attorney,
advance directive, or do not resuscitate order.
(2) Modification.--U.S. Immigration and Customs Enforcement
shall permit an individual in custody to modify the
individual's emergency contact information at any time and
shall affirmatively offer each individual an opportunity to
review and update such information not less frequently than
every 90 days.
(3) Language access.--The request, form, and any disclosure
required under this subsection shall be provided in a language
the individual understands, with interpretation services
provided as necessary.
(4) Standardized form; disclosure; custodial record.--The
policies and procedures shall include--
(A) a standardized template form for recording the
information described in paragraph (1);
(B) a requirement that U.S. Immigration and Customs
Enforcement provide the individual information about
the purpose and permissible uses of the information,
including the limitations under subsection (f); and
(C) a requirement that the completed form be
included in the individual's custodial record.
(c) Notification Requirements.--The policies and procedures
described in subsection (a) shall describe the notification
requirements in the event of a covered death or the serious illness or
serious injury of an individual in custody, including the following:
(1) Notification timeframe.--
(A) Notification of death.--In the event of a
covered death, U.S. Immigration and Customs Enforcement
shall notify the individual's emergency contact not
later than 12 hours after the declaration of death or
after U.S. Immigration and Customs Enforcement learns
of the death, whichever is earlier, and between the
hours of 6:00 a.m. and midnight in the local time of
the person notified.
(B) Notification of serious illness or serious
injury.--In the event of a serious illness or serious
injury suffered by an individual in custody, U.S.
Immigration and Customs Enforcement shall notify the
individual's emergency contact as soon as practicable
after the serious illness or serious injury occurs, and
in any event not later than 12 hours after the
individual is admitted to a hospital, undergoes
emergency surgery, is admitted to an intensive care
unit, or becomes incapacitated and unable to
communicate, and not later than 24 hours after any
other serious illness or serious injury. The
notification shall occur prior to any required medical
procedure, where practical and if such timeframe will
not delay treatment, and in any event not later than
any medical discharge or clearance. The time-of-day
limitation in subparagraph (A) shall not apply to a
notification under this subparagraph.
(C) Consular coordination.--U.S. Immigration and
Customs Enforcement shall coordinate with the
appropriate consulate as required by any treaty or
agreement, except that consular coordination shall not
delay any notification required by this paragraph.
(D) Counsel of record.--In the event of a covered
death or a serious illness or serious injury suffered
by an individual in custody, U.S. Immigration and
Customs Enforcement shall notify any counsel of record
for the individual in any pending immigration
proceeding or Federal court proceeding within the same
timeframe applicable under this paragraph.
(2) Death notification information required.--Each
notification required to be made under paragraph (1) related to
a covered death shall include--
(A) all pertinent circumstances surrounding the
death, including the official time of death;
(B) the cause of death (if determined);
(C) whether the death is under investigation and
the reason for opening an investigation;
(D) the facility at which the individual was held
and the hospital, if any, to which the individual was
transported; information concerning the disposition of
the individual's remains and property; and
(E) a point of contact at U.S. Immigration and
Customs Enforcement.
If the cause of death has not been determined at the time of
notification, U.S. Immigration and Customs Enforcement shall
follow up with each person notified not later than 24 hours
after such a determination.
(3) Serious illness or serious injury notification
information required.--Each notification required to be made
under paragraph (1) related to a serious illness or serious
injury suffered by an individual in custody shall include--
(A) the cause and nature of the event;
(B) whether the individual is incapacitated,
unconscious, or unable to speak;
(C) whether any medical procedures or lifesaving
measures were or will be performed;
(D) the name and location of the facility and
provider providing treatment;
(E) contact information for the responsible
official of U.S. Immigration and Customs Enforcement;
and
(F) information regarding procedures for
communicating with the individual, when medically
appropriate.
(4) Compassionate and professional notification.--Standards
for providing notification in a compassionate and professional
manner, in a language the recipient understands, including--
(A) a description of what information cannot be
included in a voicemail;
(B) an offer for an in-person or virtual face-to-
face meeting in the event a death notification is
provided during a live telephone conversation; and
(C) a requirement that notifications be provided in
a private setting and, when practicable, by a person
trained in notification best practices.
(5) Notification opt out.--Standards to ensure that
notification does not occur where the individual, while able to
communicate, is advised of the right to notification and
instructs U.S. Immigration and Customs Enforcement not to
provide it, or requests the opportunity to provide such
notification personally, in which case U.S. Immigration and
Customs Enforcement shall provide the individual an opportunity
to deliver such notification within the applicable time period.
(6) Belongings and remains.--Standards for handling the
belongings and remains of an individual whose death is a
covered death, including--
(A) returning the belongings and remains, if
desired, to the emergency contact and providing at
least 7 days for a decision as to disposition;
(B) assistance, in coordination with the
appropriate consulate, in the repatriation of remains
where requested by the family;
(C) follow-up with the emergency contact regarding
the outcome of any review or investigation not
available at the time of initial notification; and
(D) documentation within the custodial record of
any unclaimed or rejected claim for the body or
property.
(7) Documentation of attempts.--Requirements that each
notification attempt be contemporaneously documented and
maintained within the custodial record, including--
(A) the staff name and contact information of each
person responsible for the notification;
(B) the date, time, and method of each successful
and unsuccessful attempt;
(C) the name and contact information of each person
to whom an attempt was made;
(D) any acknowledgment received; and
(E) the reason for any failed attempt or delay.
If a required notification cannot be completed within the
applicable period, U.S. Immigration and Customs Enforcement
shall continue diligent efforts not less frequently than every
24 hours, using all reasonably available sources of
information, including the individual's custodial record, the
appropriate consulate, and any counsel of record.
(8) Additional procedures in the event of serious illness
or injury.--Standards to ensure that U.S. Immigration and
Customs Enforcement--
(A) implements medical proxy, medical power of
attorney, advance directive, and do not resuscitate
orders;
(B) provides meaningful opportunity for
communication between the emergency contact and the
medical staff caring for the individual;
(C) ensures emergency contacts are given a
meaningful opportunity to visit a seriously ill or
seriously injured individual, with in-person visitation
when practicable and a written response to any
visitation request within 48 hours; and
(D) provides the individual's emergency contact
information to an outside hospital and allows the
hospital to follow its established bylaws concerning
communication with next-of-kin.
(9) Autopsy notifications.--Requirements that, in the event
an autopsy is performed following a covered death, the
emergency contact be informed not later than 12 hours after any
determination that an autopsy will be performed, including the
reason for the autopsy and the procedures for obtaining the
report, and that a copy of the autopsy report and results be
made available to the emergency contact upon completion.
(d) Written Notification Plan.--The policies and procedures
described in subsection (a) shall require the Director of U.S.
Immigration and Customs Enforcement to develop a written notification
plan conforming to this section, published on the website of the
Department of Homeland Security in English, Spanish, and the other
languages most commonly spoken by individuals in the custody of U.S.
Immigration and Customs Enforcement, and made accessible to individuals
in custody through inclusion in intake information, handbooks, and
other materials distributed upon taking custody.
(e) Delay Exception.--A notification required by this section may
be delayed only if the Secretary of Homeland Security determines, in
writing, that immediate notification would present a specific and
articulable threat to public safety, would materially interfere with an
active criminal investigation, or would place the individual at
substantial risk of serious harm. Any delay under this subsection shall
be reviewed every 24 hours, shall be documented in the custodial
record, and shall not exceed 72 hours unless personally approved in
writing by the Secretary.
(f) Confidentiality.--Information collected under this Act by U.S.
Immigration and Customs Enforcement, or any agent or contractor acting
on behalf of U.S. Immigration and Customs Enforcement, may not be
disclosed or used for any purpose except as provided in this Act.
(g) Voluntary Collection.--Nothing in this Act shall be construed
to require an individual in custody to provide emergency contact
information. U.S. Immigration and Customs Enforcement may not attempt
to coerce or persuade the individual to provide such information, and
may not impose any penalty, fine, or fee on the individual for
declining to provide such information or for providing information
later determined to be inaccurate.
(h) Inadmissibility.--No information disclosed or used in violation
of this Act may be admitted into any State, Federal, or other court, or
into any immigration proceeding, as evidence or for any other purpose,
except in the case of information that has been discovered through
independent means.
SEC. 3. APPLICABILITY.
(a) Covered Deaths.--The requirements of this Act apply with
respect to every covered death, including a death occurring during or
at the conclusion of a serious illness or serious injury suffered by an
individual in custody and a death occurring within 30 days after an
individual is released from custody, notwithstanding any release from
custody effected during a medical emergency or episode of medical
treatment and notwithstanding any policy, directive, or guidance of the
Department of Homeland Security.
(b) Contract and Intergovernmental Facilities.--
(1) In general.--This Act applies with respect to every
covered facility without regard to the ownership or operation
of the facility.
(2) Contract terms.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Homeland
Security shall ensure that every contract, subcontract, and
intergovernmental service agreement for the operation of a
covered facility requires compliance with this Act as a
material term, requires immediate reporting to U.S. Immigration
and Customs Enforcement of any death or a serious illness or
serious injury suffered by an individual in custody, and
provides that failure to comply--
(A) shall result in the civil penalties described
in paragraph (3); and
(B) in the case of 2 or more such failures at the
same covered facility during any 12-month period, shall
result in termination of the contract, subcontract, or
agreement, and debarment of the contractor from any
contract or agreement for the operation of a covered
facility for a period of 3 years.
(3) Civil penalty.--
(A) In general.--A contractor (including any
subcontractor thereof) that violates this Act, shall be
subject to a civil penalty in the amount of $100,000
for each day a notification required by this Act
remains unmade.
(B) No waiver.--The Secretary may not waive,
reduce, or reimburse a contractor for any penalty under
this paragraph.
(C) Family notification fund.--There is established
in the general fund of the Treasury an account to be
known as the ``Family Notification Fund''. Amounts
collected as fines under this paragraph shall be
deposited into the fund and shall remain available
until expended to pay awards of damages under section 6
that are imposed against the United States. Such
amounts may not be retained or used by the Department
of Homeland Security.
SEC. 4. REPORTING AND REVIEW.
(a) Congressional Notification.--Not later than 24 hours after a
covered death, the Secretary of Homeland Security shall notify the
appropriate committees of Congress of the death.
(b) Public Notification.--Not later than 2 business days after a
covered death, the Secretary shall publish on a publicly available
website of the Department of Homeland Security a release identifying
the facility involved and the known circumstances of the death.
(c) Death Report.--Not later than 90 days after a covered death,
the Secretary shall complete and publish