H.R. 9070

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9070 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 9070

To improve immigration enforcement transparency, preserve civil rights, 
and improve the accountability of immigration enforcement personnel, 
and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 29, 2026

Mr. Neguse (for himself, Ms. Pettersen, and Mr. Crow) 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 improve immigration enforcement transparency, preserve civil rights, 
and improve the accountability of immigration enforcement personnel, 
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 TITLES.

This Act may be cited as the ``Oversight, Protection, and 
Enforcement Notification Act'' and ``OPEN Act''.

SEC. 2. DEFINITIONS.

In this section:
(1) Chokehold or carotid hold.--The term ``chokehold or 
carotid hold'' means the application of any pressure to the 
throat or windpipe, the use of maneuvers that restrict blood or 
oxygen flow to the brain, or carotid artery restraints that 
prevent or hinder breathing or reduce intake of air of an 
individual.
(2) Conduct exceeding authorized authority.--The term 
``conduct exceeding authorized authority'' means any action 
taken without legal authorization, outside the scope of 
assigned duties, or in violation of Federal law, regulation, or 
Department of Homeland Security policy, including--
(A) conducting a stop, search, entry, arrest, or 
detention without legal authority, a valid warrant, or 
required supervisory approval;
(B) misrepresenting identity, authority, or purpose 
to gain compliance or entry;
(C) conducting enforcement activity outside an 
assigned geographic area, mission scope, or operational 
plan;
(D) using unapproved tactics, equipment, or 
vehicles, including failure to comply with 
identification or uniform requirements;
(E) acting in violation of constitutional 
protections, civil rights laws, or court orders; and
(F) any action involving sexual violence.
(3) Excessive force.--The term ``excessive force'' means 
the use of physical force or weapons beyond what is objectively 
reasonable and necessary, including--
(A) discharging or brandishing a firearm at any 
individual or vehicle;
(B) using a chemical agent, a conducted energy 
device, a baton, or an impact weapon;
(C) any action involving a physical takedown, a 
chokehold, or the placement of an individual on the 
ground;
(D) using restraints or force resulting in bodily 
injury, hospitalization, or death; and
(E) using deadly force to incapacitate a subject.
(4) Member of congress.--The term ``Member of Congress'' 
includes any Senator, Representative, Delegate, or Resident 
Commissioner of the United States Congress.

SEC. 3. IMPROVING IMMIGRATION ENFORCEMENT TRANSPARENCY.

(a) Access to Immigration Detention Facilities.--
(1) In general.--The Secretary of Homeland Security shall 
ensure that all Members of Congress are given unrestricted 
access, without advance notice, to all immigration detention 
facilities used or operated by the Department of Homeland 
Security, including facilities operated by U.S. Immigration and 
Customs Enforcement or U.S. Customs and Border Protection, 
regional processing centers, field offices, State-run 
facilities, and privately operated or contracted facilities, 
regardless of the source of funding for such facilities.
(2) Scope of access.--Access to immigration detention 
facilities required under paragraph (1) shall include--
(A) access to all of the areas in such facilities;
(B) the ability to speak privately with detained 
individuals and facility personnel on the same day as 
the visit and without prior authorization;
(C) the ability to observe conditions of 
confinement and compliance with applicable Federal law, 
regulations, and standards; and
(D) the ability of a Member of Congress, a State or 
local elected official, or a representative of a local 
health and safety agency to be accompanied by 
congressional staff and, at the discretion of the 
Member, official, or representative, subject matter 
experts, including medical professionals, legal 
experts, interpreters, and other individuals who such 
Member, official, or representative considers necessary 
to assist in evaluating facility conditions and 
compliance with applicable laws and standards.
(3) Access for legal counsel, faith leaders, and family 
members.--The Secretary of Homeland Security shall ensure that 
detained individuals have timely and reasonable access to legal 
counsel, faith leaders, and family members, including the 
ability to communicate privately and in person whenever 
practicable, subject only to narrowly tailored limitations that 
are necessary to protect the safety and security of the 
facility in which such individuals are detained.
(4) Prohibition on delay or denial.--
(A) In general.--The operator of an immigration 
detention facility may not delay, condition, restrict, 
or deny access to such facility to a Member of Congress 
on the basis of staffing limitations, operational 
considerations, contractual arrangements, or facility 
designation.
(B) Notice.--Not later than 72 hours after 
discovering that a Member of Congress' access to an 
immigration detention facility was delayed or denied 
for any reason, the Director of U.S. Immigration and 
Customs Enforcement or the Commissioner of U.S. Customs 
and Border Protection shall submit a detailed report 
identifying the reasons for such delay and denial and 
describing the steps that will be taken to prevent 
future delays or denials to--
(i) the Committee on Appropriations of the 
Senate;
(ii) the Committee on Homeland Security and 
Governmental Affairs of the Senate;
(iii) the Committee on the Judiciary of the 
Senate;
(iv) the Committee on Appropriations of the 
House of Representatives;
(v) the Committee on Homeland Security of 
the House of Representatives;
(vi) the Committee on the Judiciary of the 
House of Representatives; and
(vii) the Office of Inspector General of 
the Department of Homeland Security.
(5) Consequences for repeated noncompliance.--
(A) In general.--If access to an immigration 
detention facility is delayed or denied to 2 or more 
Members of Congress in violation of this subsection 
during any fiscal year, the Secretary of Homeland 
Security shall ensure that any officer, employee, or 
contractor of the Department of Homeland Security who 
knowingly delays, restricts, or denies access to such a 
facility in violation of this subsection is subject to 
appropriate administrative or contractual disciplinary 
action.
(B) Notification.--The Secretary shall notify the 
committees listed in paragraph (4)(B) not later than 48 
hours after determining a violation described in 
subparagraph (A) has occurred.
(6) Rule of construction.--Nothing in this subsection may 
be construed to limit the authority of Congress to impose 
additional requirements or restrictions through appropriations 
Acts or other legislation.
(b) Public Reporting Requirements.--The Secretary of Homeland 
Security shall track and publicly report, on an aggregated basis 
without including personally identifiable information of those 
involved, all allegations and incidents in which immigration 
enforcement officers or agents, during an immigration enforcement 
operation or while an individual is detained by the Department of 
Homeland Security--
(1) used excessive force to carry out their objective;
(2) engaged in conduct exceeding authorized authority;
(3) detained a United States citizen;
(4) mistakenly detained or arrested an individual who 
should not have been detained or arrested;
(5) perpetrated sexual assault, abuse, or harassment; or
(6) engaged in other misconduct.
(c) Detention Accountability and Grievance Procedures.--
(1) Grievance process.--The Secretary of Homeland Security 
shall ensure that each immigration detention facility used or 
operated by the Department of Homeland Security or its 
contractors maintains a confidential and accessible grievance 
process through which detained individuals may report 
grievances regarding--
(A) the use of excessive force;
(B) violations of Federal law, detention standards, 
or Department policy;
(C) threats, intimidation, retaliation, or abuse by 
facility personnel; or
(D) sexual assault, abuse, or harassment.
(2) Accessibility requirements.--The grievance process 
required under paragraph (1) shall--
(A) be available in all languages commonly spoken 
by detained individuals;
(B) permit grievances to be filed orally or in 
writing;
(C) allow detained individuals to submit grievances 
without interference or retaliation; and
(D) provide timely review and resolution of such 
grievances.
(3) Accountability for excessive force or misconduct.--If 
an investigation conducted by the Department of Homeland 
Security, the Office of Inspector General of the Department, 
the Office of Professional Responsibility of the Department, 
U.S. Immigration and Customs Enforcement, a local field office, 
or any other authorized investigative entity determines that an 
officer, employee, or contractor used excessive force against a 
detained individual, the head of the agency with jurisdiction 
over the facility shall ensure that such individual--
(A) is immediately removed from duties involving 
the supervision, custody, or transport of detained 
individuals at the facility at which the incident 
occurred; and
(B) is not permitted to return to perform such 
duties.
(4) Sexual abuse and assault prevention and intervention 
program.--Not less frequently than annually, the Secretary of 
Homeland Security shall publish facility-specific information 
for each immigration detention facility regarding each 
facility's compliance with U.S. Immigration and Customs 
Enforcement's Sexual Abuse and Assault Prevention and 
Intervention Program, including--
(A) the number of allegations of sexual abuse or 
harassment reported at such facility;
(B) the status and outcome of investigations into 
such allegations;
(C) whether the facility was found compliant with 
applicable standards under the Sexual Abuse and Assault 
Prevention and Intervention Program; and
(D) any corrective actions required and the status 
of such actions.

SEC. 4. PRESERVING CIVIL RIGHTS.

(a) Use of Force.--In carrying out immigration enforcement 
operations, immigration enforcement officers and agents may not use 
excessive force.
(b) Detainee Rights.--The Secretary of Homeland Security shall 
ensure, after an immigration enforcement officer or agent detains any 
individual--
(1) a member of such individual's immediate family, as 
determined by the detained individual, is notified of such 
detention by the Department of Homeland Security not later than 
5 hours after the commencement of such detention;
(2) such individual is guaranteed access to at least 1 
phone call within 5 hours after the commencement of the 
detention;
(3) such individual is guaranteed reasonable access to 
legal counsel and a faith leader not later than 12 hours after 
the commencement of the detention and periodically thereafter, 
either in person or through telephonic communication; and
(4) such individual is guaranteed reasonable accommodations 
to facilitate the signing of any necessary legal documentation.
(c) Medical and Mental Health Services.--The Secretary of Homeland 
Security shall ensure that--
(1) after an immigration enforcement officer or agent 
detains any individual, such individual is provided timely 
medical and mental health services, including access to 
emergency care and chronic condition management, in accordance 
with the standards established under the National Detention 
Standards and the Performance-Based National Detention 
Standards;
(2) any individual in detention with care provided by the 
Department of Veterans Affairs should have access to health 
care services provided by the Department of Veterans Affairs;
(3) if an individual described in paragraph (1) is 
transferred to a hospital or emergency room--
(A) the individual's legal counsel or designated 
representative is immediately notified; and
(B) family members or a designated emergency 
contact are notified of the location of such hospital 
or emergency room as soon as practicable; and
(4) procedures are implemented to allow family members or 
legal representatives of such individuals to drop off valid 
prescription medications and necessary medical devices for use 
in detention facilities, including CPAP machines, mobility 
aids, and glucose monitors, for the individual's use after such 
items are cleared through standard security and medical review.
(d) Transportation and Transfers.--
(1) Notice of transfer.--Not later than 24 hours after any 
detained individual is transferred to another detention 
facility, the head of the facility housing the individual shall 
notify the individual's legal counsel, designated 
representative, and next of kin, as applicable, of--
(A) the specific name and address of the facility 
to which the individual has been transferred; and
(B) the direct contact information for such 
facility, including a primary phone number and a point 
of contact for inquiries from the family and legal 
representative of such individual.
(2) Justification for transfer.--
(A) In general.--Before any transfer described in 
paragraph (1), the Director of the facility or the 
field office shall provide a written justification to 
the detained individual and such individual's legal 
counsel detailing the specific administrative or safety 
reason for such transfer, such as medical necessity, 
facility capacity, or specialized housing requirements.
(B) Medical transfer summaries.--The Director of 
the facility from which a detained individual is being 
transferred shall provide a medical transfer summary 
with respect to such individual to the receiving 
facility.
(C) Observations.--Officers involved in the 
transfer of detained individuals between detention 
facilities shall share with the receiving facility any 
observations suggesting the detained individual--
(i) has engaged in self-injurious behavior; 
or
(ii) has expressed a desire to harm himself 
or herself during such transfer.
(D) Specialty care.--A detained individual in need 
of specialty care may not be transferred to a detention 
facility that lacks the resources to provide such care 
unless such resources may be easily procured from a 
nearby hospital, clinic, or doctors' office.
(3) Bed availability and facility standards.--A transfer 
described in paragraph (1) may not occur unless the Director of 
both the originating and receiving detention facilities attest 
that--
(A) a dedicated bed and appropriate housing space 
are available at the destination facility to which the 
individual is being transferred; and
(B) such destination facility meets all applicable 
Federal detention standards, including having the 
medical and mental health resources to maintain the 
individual's continuity of care.
(4) Additional detention standards.--All transfers of 
detained individuals shall comply with all applicable standards 
established by the Secretary of Transportation, including--
(A) minimum protections during transport, 
including--
(i) the use of seatbelts or secure seating 
for all individuals during vehicle movement;
(ii) prohibition on transport in 
overcrowded conditions or standing-room 
configurations;
(iii) access to adequate ventilation, 
temperature control, food, drinking water, and 
necessary medications; and
(iv) for individuals who are restrained or 
shackled--
(I) the application or adjustment 
of such restraints shall allow the 
individual the physical range of motion 
necessary to safely drink water and 
consume food without assistance; or
(II) if the security level of the 
restraint prevents the individual from 
self-feeding or self-drinking, the 
provision of direct, safe assistance to 
ensure the individual is able to eat 
and drink fully and comfortably;
(B) regular bathroom breaks, including--
(i) access to restroom facilities not less 
frequently than once every 2 hours during 
transport;
(ii) reasonable accommodations for 
children, elderly individuals, pregnant women, 
and individuals with medical conditions; and
(iii) mandatory reasonable accommodations 
for individuals with physical, sensory, 
intellectual, or mental health disabilities, 
including the provision of vehicles and 
communication assistance in full compliance 
with the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.); and
(C) safety protocols, including--
(i) medical screening before transport to 
identify health risks, disabilities, or special 
needs;
(ii) continuous monitoring of individuals 
during transport by trained personnel;
(iii) prohibiting the use of restraint 
methods that impede breathing, circulation, or 
safe seating during transport;
(iv) maintaining written transport logs 
documenting the duration, conditions, stops, 
and personnel involved;
(v) operating audio or video recording 
equipment, where available, for the duration of 
transport; and
(vi) protecting mobility and medical 
devices by ensuring such items are transported 
with the individual and are not separated or 
damaged during the transfer process;
(5) Documentation and reporting.--Not later than 24 hours 
after each incident involving a violation by a transporting 
officer or agent of any standard described in paragraph (4), 
such incident shall be--
(A) documented by the supervisor of such officer or 
agent, which documentation shall include--
(i) the nature of the violation;
(ii) the duration of the transport during 
which such violation occurred;
(iii) the individuals affected by such 
violation;
(iv) any corrective actions taken to 
prevent future violations; and
(v) any disciplinary or remedial measures 
imposed on the violator; and
(B) reported to--
(i) the Office for Civil Rights and Civil 
Liberties of the Department of Homeland 
Security;
(ii) the Office of Inspector General of the 
Department of Homeland Security; and
(iii) the appropriate congressional 
committees.
(e) Office for Civil Rights and Civil Liberties.--The Secretary of 
Homeland Security shall--
(1) reconstitute the Office for Civil Rights and Civil 
Liberties of the Department of Homeland Security; and
(2) ensure such Office has an independent reporting 
structure, including direct reporting authority to the 
Secretary of Homeland Security, for purposes of investigating, 
reviewing, and reporting on civil rights and civil liberties 
violations related to immigration enforcement or detention.

SEC. 5. LIMITATIONS ON CONVERSIONS OF EXISTING BUILDINGS INTO IMMIGRANT 
DETENTION CENTERS.

(a) In General.--U.S. Immigration and Customs Enforcement or U.S. 
Customs and Border Protection may not acquire and repurpose any 
warehouse, State-run facility, or correctional facility as a detention 
center for individuals who are awaiting removal proceedings or are in 
Federal custody absent full compliance with the requirements set forth 
in subsection (b).
(b) Requirements for Conversion of Existing Facilities.--
(1) Compliance and financial accountability.--
(A) In general.--The new immigrant detention center 
shall be operated in full compliance with all 
applicable Federal detention and safety standards.
(B) Contractual penalties.--The Secretary of 
Homeland Security shall ensure all contracts for the 
operation of immigration detention centers include 
enforceable financial clawbacks and liquidated damages 
provisions to be triggered by a persistent or systemic 
failure to adhere to all applicable Federal detention 
and safety standards.
(2) Guaranteed access.--All individuals housed at any 
immigration detention center shall be guaranteed regular access 
to legal counsel, faith leaders, and family members, either in 
person or through telephonic communication, in accordance with 
paragraphs (2) and (3) of section 3(a).
(3) Independent inspections and timeline.--
(A) In general.--Each immigration detention center 
shall be subject to a rigorous inspection schedule.
(B) Pre-operational audit.--An independent 
inspection of each new immigration detention facility 
shall be completed and published not later than 30 days 
before any contract is executed for the operation of 
such facility.
(C) Recurring access.--State attorneys general, the 
Office for Civil Rights and Civil Liberties of the 
Department of Homeland Security, and a court-appointed 
independent monitor shall have unrestricted, 
unannounced access to each immigration detention 
facility at any time.
(D) Reporting.--Not later than 14 days after 
conducting an inspection of an immigration detention 
facility, the Secretary of Homeland Security shall 
submit a report containing the results of such 
inspection to--
(i) the appropriate congressional 
committees; and
(ii) the Governor of the State in which 
such facility is located.
(4) Commencement of operations.--A new immigration 
detention center may not commence operations without full 
transparency and oversight in accordance with this subsection.
(5) Notice; briefings.--The Secretary of Homeland Security 
shall provide advance written notice and ongoing coordination 
to the Governor, State attorney general, and appropriate local 
government officials in the jurisdiction in which any new 
immigration detention center is located, including--
(A) notice of the intent to establish, expand, or 
materially modify operations at the facility; and
(B) regular briefings regarding population levels, 
medical capacity, emergency protocols, and public 
safety impacts.
(6) Intergovernmental consultation.--
(A) In general.--The Secretary of Homeland Security 
shall establish procedures for consulting with 
appropriate State and local government officials 
regarding any new immigration detention center's impact 
on local infrastructure.
(B) Certification requirement.--The Secretary shall 
certify that each new immigration detention center 
adheres to all applicable State health and safety 
standards unless such standards directly conflict with 
the execution of Federal immigration law.
(c) Rule of Construction.--Nothing in this section may be construed 
to waive the supremacy of Federal law.

SEC. 6. WARRANT REQUIREMENTS.

(a) Judicial Warrants.--Notwithstanding any other provision of law, 
including the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
and any regulation or policy issued by the Department of Homeland 
Security, an officer or agent of U.S. Immigration and Customs 
Enforcement or U.S. Customs and Border Protection may not arrest or 
detain an individual without a judicially enforceable warrant issued by 
a magistrate judge or a judge appointed under article III of the 
Constitution of the United States who has been duly confirmed by the 
Senate.
(b) Administrative Warrants.--
(1) In general.--Except as provided in paragraph (2), an 
administrative warrant, including a warrant of arrest or 
removal issued by an officer or employee of the Department of 
Homeland Security, may not--
(A) authorize entry into a private residence or 
dwelling; or
(B) be used to justify forced entry, coercive 
entry, or entry without consent.
(2) Exceptions.--The restrictions set forth in paragraph 
(1) shall not apply with respect to an individual who is 
determined to be a flight risk or a danger to the public.
(c) Remedies for Violations.--If an immigration enforcement action 
is conducted in violation of this section--
(1) any information obtained as a result of such action 
shall be prohibited from being entered into the record or 
received into evidence in a removal proceeding for purposes of 
establishing alienage or chargeability; and
(2) the noncitizen who is the subject of such removal 
proceedings may file a motion to enforce the prohibition 
described in paragraph (1), including through a motion to 
terminate such proceedings.
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