S 748 · 115th Congress 2017–2019, ended

PROFILED Act

Fact sheet

Latest action · Mar 28, 2017 Read twice and referred to the Committee on the Judiciary.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedMar 28, 2017
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Protecting the Rights of Families and Immigrants Who Legally Entered from Detention Act or the PROFILED Act

This bill prohibits a law enforcement agent or agency from engaging in racial profiling. It creates a civil cause of action permitting declaratory or injunctive relief to enforce this ban on racial profiling.

The Department of Justice shall issue regulations requiring law enforcement agencies to collect certain data relating to investigatory activities, including, but not limited to, collecting information on the race, ethnicity, national origin, gender, and religion of persons subject to investigatory activities.

The bill requires that law enforcement agents give notice to persons suspected of immigration violations of their right to counsel (at no expense to the federal government), the right to remain silent, and notice that any statements given by the individual can be used against them in a removal or criminal proceeding. Any evidence obtained in violation of this requirement cannot be used against the individual in a removal proceeding.

Not later than 48 hours after an individual has been detained, the Department of Homeland Security (DHS) shall file a notice to appear with the closest immigration court.

No later than six hours after detention, a detained individual must be allowed to use the telephone to make calls at no charge to the detainee.

DHS shall issue regulations prohibiting officials from detaining individuals on various premises, including schools, courts, and places of worship, unless there exist exigent circumstances. DHS must also issue regulations pertaining to the transfer of detainees, including the factors to be considered when deciding whether to transfer the detainee.

The bill defines various rights accorded to vulnerable populations and to parents who have been detained by immigration officers. The position of Immigration and Customs Enforcement Ombudsman is established in DHS.

Cosponsors 5

Members who signed on, in the order they did. Signatures ran from Mar 28, 2017 to Mar 29, 2017, with 4 there on the day it was introduced.

SeatCosponsorSigned on
D-NJCory A. BookerOriginalMar 28, 2017
D-CAKamala D. HarrisOriginalMar 28, 2017
D-NYKirsten E. GillibrandOriginalMar 28, 2017
D-ORRon WydenOriginalMar 28, 2017
D-MAElizabeth WarrenMar 29, 2017

Actions 2

Everything that happened, newest first.

  1. Mar 28, 2017Introduced in Senate
  2. Mar 28, 2017Read twice and referred to the Committee on the Judiciary.

Subjects

Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.

Text 1

Each version as it was printed, newest first.

  1. Mar 28, 2017Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.