PROFILED Act

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.