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Key Votes

HR 3239 - Humanitarian Standards for Individuals in Customs and Border Protection Custody Act - National Key Vote

Patrick McHenry voted Nay (Passage) on this Legislation.

Read statements Patrick McHenry made in this general time period.


Issues Related to HR 3239

Stage Details

Legislation - Bill Passed (House) (233-195) - (Key vote)
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Title: Humanitarian Standards for Individuals in Customs and Border Protection Custody Act

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to pass a bill that requires the imposition of health and hygiene standards relating to the care of undocumented immigrants in US Customs and Border Protection custody.

  • Prohibits the Commissioner from denying a member of Congress entrance to any facility being used, owned, or operated by the United States Customs and Border Protection (CBP) (Sec. 11). 

  • Requires  the Inspector General of the Department of Homeland Security to conduct unannounced inspections of ports of entry, border patrol stations, and detention facilities administered or contracted by CBP, and must submit reports on the results of such inspections to Congress (Sec. 11).

  • Requires the CBP Commissioner to ensure that any individual who is detained in CBP custody receives an initial in-person screening by a licensed medical professional for the following purposes (Sec. 2):

    • To assess and identify any illness, condition, or age-appropriate mental or physical symptoms that have resulted from distressing or traumatic experiences;

    • To identify acute conditions and high-risk vulnerabilities; and 

    • To ensure that appropriate healthcare is provided to individuals as needed, including pediatric, obstetric, and geriatric care. 

  • Requires the Commissioner to ensure that detainees have access to (Sec. 3):

    • No less than 1 gallon of drinking water per person per day, and age-appropriate fluids as needed; 

    • A private, safe, clean, and reliable permanent or portable toilet with proper waste disposal and handwashing station, with no less than one toilet available to every twelve male detainees and one toilet for every eight female detainees;

    • A clean diaper changing facility, which includes proper waste disposal, a handwashing station, and unrestricted access to diapers;

    • The opportunity to bathe daily in a permanent or portable shower that is private and secure; and 

    • Products for individuals of all age groups and with disabilities to maintain basic personal hygiene, including soap, a toothbrush, toothpaste, adult diapers, and feminine hygiene products, as well as receptacles for the proper storage and disposal of such products. 

  • Requires the Commissioner to ensure that detainees have access to (Sec. 4):

    • Three meals per day;

    • Accomodations for any dietary needs or restrictions; and

    • Access to food in a manner that follows applicable food safety standards. 

  • Requires the Commissioner to ensure that each immigrant detention facility meets the following requirements (Sec. 5):

    • Males and females must be detained separately;

    • In the case of a minor arriving in the US with an adult relative or legal guardian, such child must be detained with such relative or guardian, unless such arrangement poses safety or security concerns, but in no case can a minor who is detained separately from their relative or guardian be detained with other adults;

    • In the case of an unaccompanied minor arriving in the US without an adult relative or legal guardian, such child must be detained in an age-appropriate facility and must not be detained with adults; 

    • A detainee with a temporary or permanent disability must be held in an accessible location and in a manner that provides for their safety, comfort, and security;

    • No detainee can be placed in a room for any period of time if the detainee’s placement would exceed the maximum occupancy level, as determined by the building code;

    • Each detainee must be provided with temperature-appropriate clothing and bedding;

    • The facility must be well-lit and well-ventilated, with the humidity and temperature kept at comfortable levels;

    • Detainees who are in custody for more than 48 hours must have access to the outdoors for no less than one hour during daylight hours every day;

    • Detainees must have the ability to practice their religion or not to practice a religion, as applicable; 

    • Detainees must have access to lighting and noise levels that are safe and conducive for sleeping through the night between the hours of 10 PM  and 6 AM; 

    • Officers, employees, and contracted personnel of CBP must follow medical standards for the isolation and prevention of communicable diseases, and ensure the physical and mental safety of detainees who identify as lesbian, gay, bisexual, transgender, and intersex; 

    • The facility must have video-monitoring for the safety of the detained population and to prevent sexual abuse and physical harm of vulnerable detainees;

    • The Commissioner must ensure that language-appropriate “Detainee Bill of Rights” including indigenous languages are posted or otherwise made available in all areas where detainees are located; 

    • Video from video-monitoring must be preserved for 90 days and the detention facility must maintain certified records that the video is properly working at all times.  

Legislation - Introduced (House) -

Title: Humanitarian Standards for Individuals in Customs and Border Protection Custody Act



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