FIRST Act

Federal Immigrant Release for Safety and security Together Act or the FIRST Act

This bill imposes requirements during a communicable disease-related national emergency, such as requiring the release of certain aliens in U.S. Immigration and Customs Enforcement (ICE) custody.

Covered aliens, specifically those who have certain health conditions, are at least 50 years old, or are 21 years of age or younger, shall be released from ICE custody without bond during such a national emergency, unless the Department of Homeland Security (DHS) determines, by clear and convincing evidence, that the alien is likely to pose a substantial and specific risk of harming another.

DHS shall review the files of any detained individual who is not a covered alien, and such an individual shall be released unless (1) alternatives to detention would not reasonably ensure the individual's appearance at removal proceedings; (2) the individual is likely to pose a substantial and specific risk of harming another; or (3) a final removal order has been entered, appeals have been exhausted, and removal of the alien is reasonably foreseeable.

ICE shall not redetain aliens released under this bill solely due to the expiration of the national emergency.

During such a national emergency, ICE shall suspend (1) requiring individuals under supervision to report in person; (2) immigration enforcement actions; and (3) warrantless enforcement in certain locations, such as an essential business during the COVID-19 (i.e., coronavirus disease 2019) public health emergency. ICE shall also provide to detained individuals (1) access to no-cost telephonic or video communication, including unmonitored communications with legal providers; and (2) hygiene products.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov