With 15 Cosponsors, Kennedy Introduces the DHS Release Transparency Act - Legislation Introduced in Memory of Nurul Amin Shah Alam, Buffalo Refugee who Died Following DHS Release

Co-Sponsors Include House Homeland Security Ranking Member Bennie Thompson, Judiciary Ranking Member Jamie Raskin, Congressional Asian Pacific American Caucus Chair Grace Meng

Shah Alam, Mostly Blind, Unable to Speak English, and With Mobility Issues, Died Five Days After Being Released Alone in Parking Lot of Closed Coffee Shop in Buffalo by DHS

Washington, D.C. - Joined by House Democratic Caucus colleagues and advocates, Representative Tim Kennedy (NY-26) announced the introduction of the DHS Release Transparency Act. The legislation was introduced in the wake of the death of Nurul Amin Shah Alam, a Rohingya refugee from Burma who was mostly blind, spoke little to no English, and had mobility issues. Shah Alam was released by DHS at a closed coffee shop in Buffalo, New York at night without notification to his family and without proper clothing for the Buffalo winter. Five days after his release, as his family, police, and volunteers desperately searched for him, Mr. Shah Alam was found dead miles away from where he was dropped off. The death has been ruled a homicide by the Erie County Medical Examiner. Kennedy's legislation would require Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) to notify a detainee's chosen point of contact prior to release from DHS custody.

Video of Rep. Kennedy's Press Conference Available Here

Recognizing that Shah Alam had significant communication and translation challenges while in custody, the bill requires DHS to provide translation and interpretation services throughout the entire point-of-contact (POC) notification process. This includes ensuring the detainee is made aware of the POC notification option in a language that they can understand. It also requires DHS to notify the designated point of contact in a language they can also understand prior to a detainee's release. In order to protect families, the legislation explicitly prohibits DHS from using any of the point of contact's information for enforcement purposes.

Kennedy's legislation is cosponsored by Representatives Bennie G. Thompson, Jamie Raskin, Grace Meng, Jerry Nadler, Dan Goldman, Adriano Espaillat, George Latimer, LaMonica McIver, Troy Carter, Judy Chu, Raja Krishnamoorthi, James Walkinshaw, Bonnie Watson Coleman, Eleanor Holmes Norton, and Nanette Barragan. This bill is endorsed by the National Immigrant Justice Center and Global Refuge.

"Like so many of our ancestors, Nurul Amin Shah Alam left his homeland in search of a brighter, safer, and more prosperous future for himself and his family" said Congressman Kennedy. "The promise of the American Dream was stolen from Mr. Shah Alam and his family and community have been left reeling in the wake of his entirely preventable death. This legislation is about empathy and kindness, ensuring that our government treats people with the dignity and respect that they deserve as fellow human beings. Contrary to DHS's claims, Mr. Shah Alam was not left in a warm, safe place. He was abandoned at night in a cold, dark parking lot, miles from his family and with no way to find his way home. No person should go through that in the United States."

"No family should be left wondering whether their loved one is safe after being released from DHS custody. The death of Mr. Shah Alam exposed a glaring failure that put a blind man in serious danger with tragic consequences that could have been avoided. I thank Congressman Kennedy for introducing this legislation to ensure transparency at DHS and help make sure a tragedy like this never happens again," said Committee on Homeland Security Ranking Member Bennie Thompson.

"Nobody should vanish into government custody and then be cast out alone into danger without so much as a call to their family. This bill injects a basic measure of humanity and compassion to a system that failed Nurul Amin Shah Alam in the most devastating way. I'm proud to support Rep. Kennedy's legislation and admire his leadership," said Judiciary Committee Ranking Member Jamie Raskin.

"DHS agents left a vulnerable man who did not speak English to die in the freezing cold and then lied to cover it up. We must hold DHS accountable for this heartbreaking tragedy. That is why I am co-sponsoring Rep. Kennedy's DHS Release Transparency Act to bring much-needed reforms to ICE and CBP and ensure that every person has a trusted point of contact for release, regardless of the language they speak. Nurul Amin Shah Alam should still be alive today, and we will continue to demand justice in his name," said Rep. Grace Meng, Chair of the Congressional Asian Pacific American Caucus (CAPAC).

Congressman Latimer said "I am proud to join my colleague, Representative Tim Kennedy, in introducing the DHS Release Transparency Act. This is imperative for improving the communication, accountability, and basic human rights standards within our immigration system. This legislation will ensure that when an individual is released from DHS custody, a point of contact will be notified. An essential safeguard that is currently missing from the procedures of the DHS, which resulted in the tragic death of Nurul Amin Shah Alam, a blind man who was dropped off at a closed coffee shop by DHS agents and died after being unable to seek shelter from cold temperatures. I remain committed to policies like this one that protect vulnerable individuals from corrupt systems."

"The DHS Release Transparency Act is the kind of commonsense, humane policy reform that should be prioritized in Congress. Right now, there is no codified requirement that a detainee's family, attorney, or designated contact be notified when that individual is released from ICE or CBP custody. The tragic death of Nurul Amin Shah Alam in February exposed exactly how dangerous that gap can be. He was here lawfully, he was a human being with family and legal representation, and he was released into the night with no warning to anyone who could have helped him. This bill fixes that. I'm proud to cosponsor it and to honor Mr. Shah Alam's memory with action," said Congressman Troy A. Carter, Sr. (LA-02).

"Donald Trump's cruel and chaotic immigration policy led to the tragic death of Nurul Amin Shah Alam," said Congressman Jerrold Nadler. "The DHS Release Transparency Act is responsible legislation to make sure that others won't meet the same fate. I am pleased to join Congressman Kennedy in introducing this important legislation to ensure that DHS no longer leaves vulnerable people alone and without potentially life-saving resources."

"DHS should not be able to release someone from custody, walk away, and leave their family, attorney, or trusted contact in the dark," said Congressman James Walkinshaw. "Congressman Kennedy's DHS Release Transparency Act creates a basic safeguard that could save lives by requiring DHS to make a good faith effort to notify someone the detainee trusts before release. I'm proud to partner with Congressman Kennedy as we fight to bring transparency, oversight, and accountability to DHS from every side."

"Mr. Shah Alam should still be alive today, but for Border Patrol's reckless disregard for his care and safety," said Azadeh Erfani, Policy Director with the National Immigrant Justice Center. "DHS has shown over and over again that it has little regard for the lives and safety of people in its custody. We applaud Congressman Kennedy for introducing this bill as a welcome act of humanity and transparency."

President and CEO of Global Refuge, Krish O'Mara Vignarajah said "Global Refuge is proud to endorse the DHS Release Transparency Act. Nurul Amin Shah Alam came to the United States through legal pathways, fleeing religious persecution and genocide. Instead of the safety he was promised, he was left by federal immigration agents - blind and alone on a freezing cold night with no way to contact his family. The DHS Release Transparency Act is a common sense and humane policy change that requires a contact be notified of an upcoming release, if a person opts-in to provide a contact to DHS. Importantly, the bill contains safeguards to provide language translation and protect the use of contact information. We urge all members of Congress to support the DHS Release Transparency Act to prevent this horrific and unacceptable tragedy from occurring again and ensure that our neighbors are treated with dignity and compassion."

Currently, neither ICE nor CBP provide notice to a point of contact or family member when a detainee is released. When a detainee is released from ICE custody, they are notified personally of the upcoming release and typically provided the opportunity to make a free phone call to facilitate release arrangements. These standards, dictated by the Performance Based National Detention Standards (issued in 2011 and revised in 2016), are not codified, vary across ICE facilities, and are not always adhered to. Shah Alam was held in CBP custody, which has no codified policy that requires notifying family or an attorney of a release. The DHS Release Transparency Act closes this gap, requiring DHS to make families aware of their loved one's upcoming release in order to ensure their safety.

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