This bill mandates that DHS agencies like CBP and ICE must notify a designated point of contact before releasing an individual from custody, provided the detention exceeds 12 hours at a port of entry.
Timothy Kennedy
Representative
NY-26
The DHS Release Transparency Act requires U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) to offer detained individuals the option to designate a point of contact for release notifications. If designated, the Department of Homeland Security must notify this contact before releasing the individual, ensuring translation services are provided throughout the process. Crucially, the collected contact information cannot be used for any enforcement actions.
The DHS Release Transparency Act introduces a formal notification system for individuals held by U.S. Customs and Border Protection (CBP) or U.S. Immigration and Customs Enforcement (ICE). Under this bill, the Secretary of Homeland Security must offer every person taken into custody the chance to designate a 'point of contact'—a friend, family member, or advocate who can receive updates on their status. Before an individual is released, the agency is required to attempt to reach this contact at least twice to ensure someone knows they are coming out. This rule applies to everyone except those held at a port of entry for less than 12 hours, ensuring that for longer detentions, there is a clear communication bridge between the facility and the outside world.
One of the most practical shifts in this bill is the requirement for translation and interpretation services. Section 2 mandates that these services must be provided in the detainee’s preferred language when they are choosing their contact person. Furthermore, if a notification is actually made, the agency must provide those same services in the language preferred by the point of contact. For a family member waiting for news who may not speak English fluently, this provision turns a stressful, confusing phone call into a clear exchange of information. It ensures that the 'who, when, and where' of a release isn't lost in translation, which is critical for coordinating transportation or housing immediately upon an individual's exit.
To address potential fears that naming a friend or relative might put that person at risk, the bill includes a strict 'Prohibition on Enforcement Use.' Specifically, any information collected—names, phone numbers, or addresses of the designated contacts—cannot be used for any immigration enforcement purposes. This creates a legal firewall, meaning ICE can’t use the contact list as a roadmap for secondary enforcement actions. For a local business owner or a neighbor acting as a point of contact, this provision is designed to ensure that helping a person navigate their release doesn't result in personal legal complications.
By requiring two notification attempts, the bill moves away from 'drop-offs' where individuals might be released into a community without a plan. For example, if a person is being released in a city far from home, having a notified contact means a legal aid group or a family member can arrange a bus ticket or a pickup in advance. While the 12-hour exception for ports of entry keeps the process moving for very short-term administrative stops, the overall goal is to reduce the chaos often associated with the transition out of federal custody. The clarity of these rules—from the mandatory translation to the privacy safeguards—aims to make the process more predictable for the agencies, the detainees, and the communities receiving them.