Core Provisions:  The Protect Citizens and Residents from Unlawful Raids and Detention Act (S. 3594) is intended to establish minimum standards of due process and fair treatment for persons detained in immigration raids, including those in the workplace. The bill protects civil rights and detention standards for American citizens and permanent residents, as well as undocumented workers, who have been at times wrongfully detained by the officers of the Department of Homeland Security’s (”DHS”) Immigration and Customs Enforcement agency (”ICE”).Under the bill, ICE officers would be required to read detained individuals Miranda rights prior to questioning (right to counsel, right to remain silent, and right to avoid self-incrimination). Detained individuals would be provided a list of free and low-cost legal providers and, when held for 48 hours or more, would receive custody determinations before an immigration judge within 72 hours of the raid. S. 3594 also places geographical limitations on the transfer detainees to distant detention centers.

S. 3594 requires relevant agencies to take steps to ensure that immigration raids do not interfere with ongoing labor disputes. For raids affecting 50 or more people, the bill requires ICE to screen affected individuals to determine whether they are citizens or legal residents rather than undocumented workers. It also requires ICE to medically screen detained workers. The bill requires DHS to make annual reports to Congress on workplace enforcement and establishes an ICE ombudsperson to inspect detention facilities, report problems, and propose improvements.

Status:  On September 25, 2008, the bill was introduced by Sen. Robert Menendez (D-NJ), with Sen. Edward Kennedy (D-MA) as a co-sponsor.