Section 1 Short title
This Act may be cited as the “No Delay for Immigration Oversight Act”.
No Delay for Immigration Oversight Act
A BILL
To require the Secretary of Homeland Security and any entity that contracts with the Department of Homeland Security to grant access to Members of Congress to covered facilities to carry out oversight responsibilities, and for other purposes.
Sec. 2 Findings
Congress finds the following:
Oversight by Members of Congress is a core constitutional responsibility necessary to ensure transparency, accountability, and compliance with Federal law within executive branch agencies and facilities.
Since at least 2019, Federal law has prohibited the Department of Homeland Security and U.S. Immigration and Customs Enforcement from preventing Members of Congress from entering, for the purpose of conducting oversight, any facility operated by or for the Department used to detain or otherwise house aliens.
Recent actions and policies by U.S. Immigration and Customs Enforcement have attempted to limit, delay, or undermine the ability of Members of Congress to carry out lawful oversight of immigration detention facilities.
Congressional access to immigration detention facilities is necessary to ensure the humane treatment of detainees, the protection of civil rights and civil liberties, and compliance with Federal law and detention standards.
Congress has a continuing interest in reaffirming and permanently protecting the oversight authority of Members of Congress with respect to immigration detention facilities.
Sec. 3 Members of Congress access to covered facilities
In general— Notwithstanding any other provision of law, the Secretary of Homeland Security shall grant Members of Congress, without delay and without obstruction, access to covered facilities to carry out oversight responsibilities.
Application to Federal contractors— The Secretary of Homeland Security shall ensure compliance with subsection (a) by any entity, including any employee or representative of such entity, that contracts with the Department of Homeland Security for a covered facility with the requirements of subsection (a).
Certification of requirements— Each entity that contracts with the Department of Homeland Security for the use of a covered facility shall certify, in the process of contracting with the Department, that all personnel of such entity are trained on the requirements of subsections (a) and (b).
Penalty for noncompliance— If, in the determination of the inspector general of the Department of Homeland Security, an entity does not comply with the requirements of this Act, the Secretary of Homeland Security shall cancel any agreement or contract between the Department and such entity.
Rule of construction— Nothing in this Act shall be construed to require a Member of Congress to provide prior notice of the intent to enter a covered facility for the purpose of conducting oversight.
Definitions— In this Act:
Congressional identification— The term “congressional identification” means any form of identification issued to Members by the Clerk or Sergeant at Arms of the House of Representatives (in the case of a Member of the House of Representatives) or by the Secretary or Sergeant at Arms and Doorkeeper of the Senate (in the case of a Senator).
Covered facility— The term “covered facility” means any facility operated by or for the Department of Homeland Security used to detain or otherwise house aliens.
Member of congress— The term “Member of Congress” means a Member of the House of Representatives or a Senator.
Without delay— The term “without delay” means the immediate admission to a covered facility without waiting outside such facility.