The NURUL Act - No Unsafe Release Under Law

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The Issue

The recent handling of refugee and immigrant detainees by the Department of Homeland Security (DHS) has raised significant concerns over the abandonment of vulnerable individuals who face language and health barriers. This practice of releasing detainees without ensuring proper contact with a family member, attorney, or any other responsible party has exposed them to unnecessary risks and hardships.

The NURUL Act: No Unsafe Release Under Law A BILL
To prohibit the abandonment of refugees and immigrants who face language barriers or combined language and health vulnerabilities by requiring notification to a responsible party prior to release, 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 "No Unsafe Release Under Law Act" or the "NURUL Act".
 
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings. Congress finds the following:
(1) On or about February 2026, Nurul Amin Shah Alam, a Rohingya refugee who did not speak English, was released by agents of the Department of Homeland Security at a Tim Hortons restaurant in Buffalo, New York, without notification to any family member, attorney, or support organization. Mr. Alam was found dead in the cold shortly thereafter. His death was foreseeable and preventable.
(2) Federal enforcement agencies have, on multiple documented occasions, released individuals who do not speak English at random public locations including parking lots, bus stations, and fast-food restaurants without ensuring that any responsible party was notified of the release.
(3) An individual who cannot communicate in English cannot effectively seek help, navigate public transportation, contact emergency services, or convey basic needs. In conditions of inclement weather or medical distress, this inability becomes life-threatening.
(4) The combination of a language barrier and a serious health condition creates a compounded vulnerability that significantly increases the risk of death or grave injury when an individual is released without support.
(5) The United States Government has a duty to ensure that the manner of release of individuals from federal custody does not create conditions that foreseeably lead to injury or death.
 
(b) Purpose. The purpose of this Act is to prohibit the abandonment of vulnerable refugees and immigrants upon release from Department of Homeland Security custody by requiring that a responsible party be notified before release occurs, without restricting or conditioning the right of any individual to be released from custody.
 
SEC. 3. DEFINITIONS.
In this Act:
 
(1) DEPARTMENT. The term 'Department' means the Department of Homeland Security.
 
(2) SECRETARY. The term 'Secretary' means the Secretary of Homeland Security.
 
(3) FEDERAL ENFORCEMENT AGENT. The term 'federal enforcement agent' means any officer, agent, or employee of U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), or any other component of the Department carrying out detention, release, or enforcement operations.
 
(4) COVERED INDIVIDUAL. The term 'covered individual' means any refugee or immigrant regardless of documentation status who is in the custody of the Department or any federal enforcement agent, and who
(A) has a language barrier, as defined in paragraph (5); or
(B) has both a language barrier and a health condition, as defined in paragraphs (5) and (6).
 
(5) LANGUAGE BARRIER. The term 'language barrier' means an inability or significantly limited ability to communicate in the English language such that the individual cannot independently seek emergency assistance, navigate public spaces, or communicate basic needs without an interpreter. This includes any individual who does not speak English as a primary or functional language, regardless of proficiency in any other language.
 
(6) HEALTH CONDITION. The term 'health condition' means any physical or mental medical condition, disability, injury, chronic illness, acute illness, or other health-related circumstance that may impair the individual's ability to independently care for themselves, seek medical attention, or respond to environmental hazards at the time of release.
 
(7) RESPONSIBLE PARTY. The term 'responsible party' means any of the following individuals who has been identified and notified prior to the release of a covered individual:
(A) A family member of the covered individual, related by blood, marriage, or legal adoption.
(B) A licensed attorney who represents or has agreed to represent the covered individual.
(C) An employee or authorized representative of a social services organization, nonprofit immigrant services organization, or state or local social services agency.
 
(8) ABANDONMENT. The term 'abandonment' means the release of a covered individual at any location without prior notification to a responsible party, regardless of whether the individual is free to leave federal custody.
 
SEC. 4. PROHIBITION ON ABANDONMENT UPON RELEASE.
(a) Prohibition. No federal enforcement agent shall abandon a covered individual upon release from Department custody. This prohibition applies regardless of:
(1) the documentation status of the covered individual;
(2) the location of release;
(3) the time of day or prevailing weather conditions; or
(4) whether the individual is otherwise legally entitled to immediate release.
 
(b) Required Notification Before Release. Prior to releasing any covered individual, the Department shall:
(1) make reasonable and documented efforts to identify at least one responsible party for the covered individual;
(2) provide actual notice to the responsible party of:
    (A) the date, time, and location of the intended release;
    (B) the physical and linguistic condition of the covered individual at the time of release; and
    (C) any immediate medical or safety needs of the covered individual;
(3) obtain written or recorded verbal confirmation that the responsible party has received notice; and
(4) document all notification efforts and outcomes in the covered individual's file.
 
(c) Release Is Not Delayed. Nothing in this section shall be construed to authorize the continued detention of a covered individual beyond any period authorized by applicable law solely on the basis of an inability to identify or notify a responsible party. If, after reasonable documented efforts, no responsible party can be identified or notified within the time available prior to a lawfully required release, the Department shall:
(1) coordinate with a local nonprofit immigrant services organization, shelter, or state or local social services agency to receive the individual at the point of release; and
(2) document the efforts made and the organization or entity to which coordination was directed.
 
(d) Prohibited Release Practices. Regardless of the availability of a responsible party, federal enforcement agents shall not:
(1) release a covered individual at a location that is not a designated release facility, transportation hub with interpreter services available, or other location preapproved by the Secretary as appropriate for the release of vulnerable individuals; or
(2) release a covered individual at any location without providing, at minimum, written materials in the individual's primary language identifying how to contact emergency services, legal assistance, and local social services.
 
SEC. 5. ENFORCEMENT AND ACCOUNTABILITY.
(a) Agency Liability. The Department shall be liable for any injury, illness, or death of a covered individual that is proximately caused by a violation of Section 4 of this Act. Such liability shall be subject to the Federal Tort Claims Act (28 U.S.C. § 2671 et seq.).
 
(b) Individual Agent Accountability. Any federal enforcement agent who knowingly or willfully violates Section 4 of this Act shall be subject to:
(1) administrative disciplinary action, up to and including termination of employment; and
(2) criminal penalties as follows:
    (A) VIOLATION RESULTING IN NO PHYSICAL HARM. Any agent who commits a violation of Section 4 that does not result in physical harm to the covered individual shall be fined under title 18, United States Code, or imprisoned for not more than 6 months, or both.
    (B) VIOLATION RESULTING IN BODILY INJURY OR DEATH. Any agent who commits a violation of Section 4 that results in bodily injury to or the death of the covered individual shall be fined under title 18, United States Code, imprisoned for more than 5 years.
    (C) FELONY CLASSIFICATION. A violation resulting in bodily injury or death under subparagraph (B) shall be treated as a felony offense for all purposes under federal law, including consequences for federal employment and licensure.
 
(c) Supervisory Accountability. Any supervisory official who directs, authorizes, or knowingly permits a violation of Section 4 shall be subject to the same criminal and administrative penalties described in subsection (b), regardless of whether the supervisory official was present at the time of the violation.
 
(d) Non-Retaliation. No covered individual, family member, attorney, or advocate shall be subject to any adverse immigration action, penalty, or retaliation as a result of reporting or supporting a claim of violation under this Act.
 
SEC. 6. REPORTING REQUIREMENTS.
(a) Annual Report to Congress. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report detailing:
(1) the total number of covered individuals released during the preceding fiscal year;
(2) the number of covered individuals for whom a responsible party was successfully notified prior to release;
(3) the number of covered individuals for whom no responsible party could be identified or notified, and the alternative arrangements made;
(4) the locations at which covered individuals were released;
(5) any known adverse outcomes, including injury, illness, or death, occurring within 72 hours of release of a covered individual; and
(6) the number of disciplinary or civil enforcement actions taken under Section 5.
 
SEC. 7. REGULATIONS.
The Secretary shall promulgate regulations to carry out this Act not later than 180 days after the date of enactment. Such regulations shall include
(1) standardized procedures for identifying covered individuals prior to release;
(2) protocols for locating and notifying responsible parties;
(3) a list of approved release locations and requirements for such locations;
(4) minimum standards for written materials to be provided to covered individuals at the time of release; and
(5) mandatory training requirements for all federal enforcement agents on the requirements of this Act.
 
SEC. 8. CONSTRUCTION.
Nothing in this Act shall be construed to:
(1) limit or restrict the right of any individual to be released from federal custody as provided by law;
(2) create any new ground for detention of any individual;
(3) limit any right or remedy otherwise available under federal or state law; or
(4) create a presumption that any covered individual poses a risk to public safety.
 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this Act for each of fiscal years 2026 through 2031.
 
SEC. 10. EFFECTIVE DATE.
This Act shall take effect 90 days after the date of enactment.

The Decision Makers

Donald Trump
President of the United States
James Vance
Vice President of the United States

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