Section 1 Short title
This Act may be cited as the “Stop Inhumane Conditions in ICE Detention Act of 2026”.
Stop Inhumane Conditions in ICE Detention Act of 2026
A BILL
To mandate reporting requirements pertaining to detainees in immigration detention facilities.
Sec. 2 Reporting system for detainee health conditions
Definition— For purposes of this section, the term “facility where noncitizens are detained by the Secretary of Homeland Security pursuant to the immigration laws” includes any facility that provides detention services under a competitively bid contract awarded by the Secretary of Homeland Security, any facility operated by or for the Department of Homeland Security used to detain or otherwise house noncitizens, and any additional space that may be utilized for the purposes of temporarily detaining a noncitizen for a period longer than 4 hours.
In general— Beginning not later than 1 year after the date of enactment of this Act, in the case of each entity that operates a facility where noncitizens are detained by the Secretary of Homeland Security pursuant to the immigration laws, that entity shall establish and maintain for each such facility a reporting system for detainee health conditions, including medical, dental, and mental health concerns, in accordance with the following:
The system shall be internet-accessible and shall be updated as close to real time as may be practicable.
This system shall document—
each report of disease or injury of a detainee;
each diagnosis of such a disease or injury;
each prescribed treatment for such a disease or injury; and
each outcome of such a treatment.
The Secretary shall complete mandatory training on the operation of the system for each staffer for the facility.
No facility may be exempted from the requirement to operate such a system.
Sec. 3 Reporting of complaints
Not later than 6 months after the date of enactment of this Act, the Secretary of Homeland Security shall establish an anonymous, multilingual system for detainees to report health concerns in any facility referred to in section 2, which shall be accessible in the facility via secure digital kiosks or toll-free hotlines. If any report is received under the system and the reporter is retaliated against, including by harassment or mistreatment, denial of privileges, confinement in special places or in solitary conditions, or additional work responsibilities. Such retaliation shall be subject to investigation by the Inspector General of the Department of Homeland Security or by the Office of the Immigration Detention Ombudsman, by not later than 14 days after the submission of such complaint, and the complainant shall receive a report on the results of such investigation that shall be detailed and in a language comprehensible to the complainant. Such report may be published if retaliation is identified in the findings.
Sec. 4 Mandatory contract review
In the case of any facility referred to in section 2, if a complaint is filed at such facility and the Inspector General or the Immigration Detention Ombudsman, after investigating such complaint in accordance with section 3, determines that such complaint has identified any instance of a verified health concern, if such complaint is the 3rd such complaint, then the Secretary of Homeland Security shall make a determination whether there exists cause to terminate any agreement between the Secretary and the entity for the operation of the facility, and, in the case of a determination to terminate such an agreement, publish that determination.
Sec. 5 Annual audit
Each year, the Inspector General of the Department of Homeland Security shall conduct an audit of health conditions at each facility referred to in section 2, and report to Congress thereon. The audit shall include specific review of gender-related health protections, including menstrual care, pregnancy outcomes, and trauma-informed care.
Sec. 6 Health services liaison
In the case of any facility referred to in section 2, there shall be a full-time health services liaison, who shall have no other duties, and who shall coordinate health and wellness in the facility, compile relevant information, and be the point of contact for the Inspector General’s office related to health conditions in the facility.
Sec. 7 Quarterly reports
Beginning on the date that is 3 months after the date that is 1 year after the date of enactment of this Act, and quarterly therafter, the Secretary of Homeland Security shall—
publish a report on health conditions of detainees and complaints received at each facility referred to in section 2, including on the website of the Department of Homeland Security; and
submit a report on health conditions of detainees and complaints received at each facility referred to in section 2 to—
the Committee on Homeland Security of the House of Representatives; and
the Committee on Homeland Security and Governmental Affairs of the Senate.
Sec. 8 Access to facilities
Covered individuals— For purposes of this section, a covered individual means—
A Member of Congress.
An employee of the United States House of Representatives or the United States Senate designated by such a Member for the purposes of this section.
Prohibition— Except to the extent otherwise provided by this section, the Secretary of Homeland Security may not take any action to limit entry, for the purpose of conducting oversight, by a covered individual to any facility where noncitizens are detained by the Secretary of Homeland Security pursuant to the immigration laws, or make any temporary modification at any such facility that in any way alters what is observed by a covered individual, compared to what would be observed in the absence of such modification.
Prior notice— Nothing in this section may be construed to require a Member of Congress to provide prior notice of the intent to enter a facility described in subsection (a) for the purpose of conducting oversight. With respect to a covered individual described in subsection (a)(2), the Department of Homeland Security may require that a request be made at least 24 hours in advance of an intent to enter a facility described in subsection (b).
Sec. 9 Definitions
Terms used in this Act have the meanings given such terms under section 101(a) of the Immigration and Nationality Act.