H.R. 8754

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8754 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8754

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.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 12, 2026

Mrs. McIver (for herself, Mr. Menendez, and Mrs. Watson Coleman) 
introduced the following bill; which was referred to the Committee on 
the Judiciary, and in addition to the Committee on Homeland Security, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
the committee concerned

_______________________________________________________________________

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.

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 ``No Delay for Immigration Oversight 
Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.

(a) 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.
(b) 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).
(c) 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).
(d) 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.
(e) 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.
(f) Definitions.--In this Act:
(1) 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).
(2) 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.
(3) Member of congress.--The term ``Member of Congress'' 
means a Member of the House of Representatives or a Senator.
(4) Without delay.--The term ``without delay'' means the 
immediate admission to a covered facility without waiting 
outside such facility.
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