S. 4786

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4786 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4786

To authorize sitting Governors to conduct health and safety oversight 
inspections of immigration detention facilities located within their 
States, and to establish a reporting mechanism to Congress on 
conditions found therein.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 15, 2026

Mr. Booker introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

A BILL

To authorize sitting Governors to conduct health and safety oversight 
inspections of immigration detention facilities located within their 
States, and to establish a reporting mechanism to Congress on 
conditions found therein.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Governors' Right 
to Inspect Act of 2026''.
(b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purpose.
Sec. 3. Definitions.
Sec. 4. Right of access for health and safety oversight.
Sec. 5. Notice.
Sec. 6. Facility obligations and security protocols.
Sec. 7. Reports to Congress.
Sec. 8. Supplemental authority.
Sec. 9. Authorization of appropriations.
Sec. 10. Effective date.

SEC. 2. FINDINGS; PURPOSE.

(a) Findings.--Congress finds the following:
(1) In 2026, the United States detention rate peaked at the 
highest in decades, with more than 70,000 people in custody in 
facilities operated either directly by U.S. Immigration and 
Customs Enforcement or by private contractors under a Federal 
contract.
(2) Nearly 50 individuals died in ICE custody between 
January 2025 and May 2026, which is the highest death toll in 
at least 20 years. This raises urgent concerns about the 
adequacy of medical care and conditions of confinement across 
the Federal detention system.
(3) Credible reports from detainees, attorneys, and elected 
officials at Delaney Hall immigration detention center in 
Newark, New Jersey (a privately operated, 1,000-bed facility 
run by the GEO Group under Federal contract) have documented 
overcrowding, spoiled food, lack of medical access, and 
inadequate sanitation, conditions that led to a hunger and 
labor strike by approximately 300 detainees during May 2026.
(4) New Jersey Governor Mikie Sherrill, exercising her 
responsibility as the chief executive of the State of New 
Jersey to protect the health and welfare of individuals within 
State borders, sought to conduct an in-person oversight visit 
of Delaney Hall on May 25, 2026, and was denied entry. The 
Governor stated that the denial of access itself was evidence 
of serious concern about conditions inside the facility.
(5) Governors, as the chief executives of the states in 
which detention facilities are located, bear direct public 
health responsibilities for their residents and have a 
constitutional and civic interest in ensuring that facilities 
within their states meet basic health and safety standards.
(6) Governors and designated public health officials are 
uniquely well-positioned--
(A) to conduct independent, on-the-ground health 
and safety oversight; and
(B) to communicate findings directly to Congress, 
supplementing and, where necessary, compensating for 
gaps in, existing Federal inspection programs.
(b) Purpose.--The sole purpose of this Act is to authorize health 
and safety oversight by designated State officials. Governors and other 
State officials will not be authorized to interfere with Federal 
immigration enforcement operations, detainee custody determinations, or 
removal proceedings.

SEC. 3. DEFINITIONS.

In this Act:
(1) Authorized oversight official.--The term ``authorized 
oversight official'' means--
(A) the Governor of any State in which a covered 
facility is located; or
(B) any State public health or safety official 
designated--
(i) by the Governor of such State solely 
for purposes of conducting inspections under 
this Act; or
(ii) under applicable State law.
(2) Covered facility.--The term ``covered facility'' means 
any facility located within the United States that is used for 
the detention of individuals in the custody of the Secretary, 
including--
(A) facilities directly owned and operated by ICE;
(B) facilities owned or operated by a private 
entity pursuant to a contract with the Department of 
Homeland Security; and
(C) any detention facility of a State or unit of 
local government pursuant to an intergovernmental 
service agreement with the Secretary.
(3) Health and safety inspection.--The term ``health and 
safety inspection'' means a visit to a covered facility for the 
purpose of observing and documenting physical conditions at the 
covered facility as such conditions relate to the health, 
safety, and humane treatment of detained individuals, including 
sanitation, medical care access, food quality, access to clean 
water, sleeping conditions, temperature, ventilation, and 
emergency safety systems.
(4) ICE.--The term ``ICE'' means U.S. Immigration and 
Customs Enforcement.
(5) Secretary.--The term ``Secretary'' means the Secretary 
of Homeland Security.

SEC. 4. RIGHT OF ACCESS FOR HEALTH AND SAFETY OVERSIGHT.

(a) General Authorization.--Notwithstanding any other provision of 
law or policy, no funds appropriated or otherwise made available to the 
Secretary may be used to prevent an authorized oversight official from 
entering a covered facility for the purpose of conducting a health and 
safety inspection.
(b) Scope of Access.--An authorized oversight official conducting a 
health and safety inspection shall have the right to--
(1) access all areas of the covered facility;
(2) interview detainees who agree to, or request to, speak 
with the official in a private room or area regarding health 
and safety conditions;
(3) review health and safety records of detainees, 
including food preparation logs, medical treatment records (in 
aggregate and consistent with applicable privacy laws), and 
facility maintenance records; and
(4) document physical conditions at the covered facility 
through written notes and photography, subject to reasonable 
security protocols established by the Secretary pursuant to 
section 6.
(c) No Interference With Enforcement Operations.--Nothing in this 
Act may be construed to authorize any authorized oversight official 
to--
(1) direct, halt, delay, or otherwise interfere with any 
ICE enforcement action, custody determination, removal 
proceeding, or transfer of detainees;
(2) release or order the release of any detained 
individual;
(3) direct Federal employees or contractors in the 
performance of their duties;
(4) access classified law enforcement information or 
sensitive law enforcement information unrelated to health and 
safety conditions; or
(5) engage in access for any purpose other than civilian 
health and safety oversight.

SEC. 5. NOTICE.

An authorized oversight official may conduct a health and safety 
inspection of a covered facility without prior notice.

SEC. 6. FACILITY OBLIGATIONS AND SECURITY PROTOCOLS.

(a) Duty To Cooperate.--The operator of a covered facility shall 
cooperate with each health and safety inspection.
(b) Reasonable Security Protocols.--Not later than 90 days after 
the date of the enactment of this Act, the Secretary shall promulgate a 
rule establishing reasonable security protocols governing health and 
safety inspections, which--
(1) may include--
(A) prohibiting weapons within the facility;
(B) facility staff escorting authorized oversight 
officials during each health and safety inspection;
(C) restricting photography in areas posing genuine 
security risks in a manner that is narrowly tailored 
and does not prevent documentation of health and safety 
conditions; and
(D) prohibiting disclosure of information that 
could compromise the identity or safety of undercover 
personnel; and
(2) may not be designed or applied in a manner that 
effectively prevents or significantly impairs the conduct of a 
health and safety inspection.

SEC. 7. REPORTS TO CONGRESS.

(a) Optional Reports by Governors.--Following any health and safety 
inspection of a covered facility in a State, the Governor of that State 
may submit a written report to--
(1) the Committee on the Judiciary of the Senate;
(2) the Committee on Homeland Security and Governmental 
Affairs of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on the Judiciary of the House of 
Representatives;
(5) the Committee on Homeland Security of the House of 
Representatives;
(6) the Committee on Appropriations of the House of 
Representatives;
(7) any Member of Congress representing the district or 
State in which such facility is located; and
(8) the Secretary.
(b) Contents of Report.--Any report submitted under this section 
may include--
(1) the name, location, and operator of the covered 
facility inspected;
(2) the date and duration of the health and safety 
inspection;
(3) observations regarding health and safety conditions, 
including any deficiencies observed;
(4) recommendations for corrective action; and
(5) any response or explanation provided by facility 
operators during or after the inspection.
(c) DHS Response.--Not later than 60 days after receiving a report 
described in this section, the Secretary shall submit a response to the 
Governor who submitted the report and all the other recipients of such 
report that--
(1) verifies or corrects the findings of the report; and
(2) includes a plan for implementing the corrective actions 
recommended in the report.
(d) Public Availability.--Reports submitted under this section, and 
any response of the Secretary to such reports, shall be made publicly 
available on the website of the Secretary, subject to redaction of any 
information that would compromise facility security or individual 
privacy.

SEC. 8. SUPPLEMENTAL AUTHORITY.

The access granted to authorized oversight officials under this Act 
is supplemental to, and does not limit, any rights existing under--
(1) any State law providing health and safety inspection 
authority over private detention facilities; or
(2) any existing intergovernmental agreement between a 
State or locality and the Secretary.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary such sums 
as may be necessary to implement the requirements of this Act, 
including--
(1) the establishment of security protocols under section 
6; and
(2) the maintenance of a public reporting portal under 
section 7(d).

SEC. 10. EFFECTIVE DATE.

This Act shall take effect on the date this is 180 days after the 
date of the enactment of this Act.
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