H.R. 8557

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8557 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8557

To prohibit long-term custody in U.S. Immigration and Customs 
Enforcement holding facilities, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 28, 2026

Mr. Stanton (for himself, Ms. Ansari, and Mrs. Grijalva) introduced the 
following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

A BILL

To prohibit long-term custody in U.S. Immigration and Customs 
Enforcement holding facilities, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Short-Term Holding Facility 
Standards Restoration Act.''

SEC. 2. FINDINGS.

Congress finds the following:
(1) U.S. Immigration and Customs Enforcement holding 
facilities are designed for short-term custody and processing.
(2) Prior U.S. Immigration and Customs Enforcement policy 
defined ``short-term'' as not exceeding 12 hours, absent 
exceptional circumstances.
(3) Prolonged detention in holding facilities undermines 
detainee welfare, facility design limits, and operational 
intent.
(4) Restoring the 12-hour standard ensures consistency with 
prior agency guidance.

SEC. 3. LIMITATION ON DURATION OF DETENTION.

(a) In General.--The Secretary of Homeland Security shall ensure 
that, absent exceptional circumstances described in subsection (b), a 
U.S. Immigration and Customs Enforcement holding facility may only be 
used for short-term custody of a detainee.
(b) Exceptional Circumstances.--Exceptional circumstances are 
temporary and unforeseen circumstances requiring immediate action, 
including--
(1) medical emergencies;
(2) natural disasters or facility disruptions;
(3) transportation or transfer delays beyond the control of 
the Department of Homeland Security; or
(4) other exigent operational conditions as determined by 
the Secretary of Homeland Security.

SEC. 4. HUMANE CONDITIONS.

The Secretary of Homeland Security shall ensure that--
(1) each U.S. Immigration and Customs Enforcement holding 
facility is safe, clean, equipped with restroom facilities, and 
clear of any object that could be used as a weapon; and
(2) each detainee in such facility--
(A) is provided a meal not less than every 6 hours;
(B) in the case of a minor, pregnant woman, or 
breastfeeding woman, is provided immediate access to 
meals, snacks, milk, and juice, without regard to the 
amount of time in custody; and
(C) is provided with access to drinking water in 
each room in which a detainee is held at all times.

SEC. 5. DOCUMENTATION AND COMPLIANCE.

(a) Documentation.--The Secretary of Homeland Security shall 
require contemporaneous documentation of any instance in which a 
detainee is held in a U.S. Immigration and Customs Enforcement holding 
facility for custody other than short-term custody.
(b) Retention.--Records under this section shall be maintained for 
oversight, audit, and reporting purposes for a period of 5 years.

SEC. 6. OVERSIGHT AND REPORTING.

(a) Annual Report.--The Secretary of Homeland Security shall submit 
to Congress an annual report detailing--
(1) the number of detainees held in custody other than 
short-term custody in a U.S. Immigration and Customs 
Enforcement holding facility;
(2) the duration of such custody;
(3) the justification for each instance in which a detainee 
is held in a U.S. Immigration and Customs Enforcement holding 
facility for custody other than short-term custody; and
(4) corrective actions taken to ensure compliance.
(b) Inspector General Review.--The Inspector General of the 
Department of Homeland Security shall perform periodic audits of U.S. 
Immigration and Customs Enforcement holding facilities and Department 
of Homeland Security records to ensure compliance with this Act.

SEC. 7. DEFINITIONS.

For the purposes of this Act--
(1) the term ``holding facility'' means any facility or 
holding room for temporary custody, processing, or transfer, 
and not designed for long-term detention; and
(2) the term ``short-term custody'' means detention in a 
holding facility for a period not to exceed 12 hours, absent 
exceptional circumstances.
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