Sponsors (12)
The bill substantially strengthens detention standards, oversight, legal access, and alternatives to detention — improving safety and rights for many detainees — but does so at significant fiscal, operational, and transitional cost and raises implementation and security challenges that DHS and jurisdictions must manage.
People detained by DHS will be subject to enforceable national detention standards, more frequent independent inspections, mandatory mortality investigations, public reporting, and an enforceable private right to sue — increasing accountability and giving detainees and advocates stronger tools to correct unsafe or unlawful conditions.
People in DHS custody — including people with disabilities, veterans, children, and primary caregivers — gain important health and safety protections (notably limits on solitary confinement and special protections for vulnerable persons) that reduce harm and mental‑health deterioration.
Detainees receive faster and better legal access: early legal orientation, guaranteed confidential meetings with counsel (including remote options), and reduced logistical barriers to attorney contact — improving case preparation and lowering the risk of wrongful removal.
Taxpayers and DHS will likely face substantial new costs to implement national standards, inspections, legal-orientation programs, facility upgrades, secure communications, transportation, and to replace private capacity — increasing federal and local spending.
Operational and safety challenges: restricting use of solitary, expanding visitor access and confidential counsel meetings, and allowing unannounced oversight visits could reduce staff's immediate restrictive options, disrupt operations, and create security or logistical risks unless agencies add staff and change procedures.
Phasing out for‑profit contracts and meeting stricter standards risks near‑term capacity and transition problems (facility closures, overcrowding, rushed construction or lease buyouts) that could disrupt placements and availability of detention space.
Based on analysis of 13 sections of legislative text.
Bans solitary confinement, mandates legal orientation and counsel access, sets ABA-based detention standards with OIG inspections, phases out for-profit detention, and reforms bond/detention procedures.
Introduced January 27, 2026 by Cory Anthony Booker · Last progress January 27, 2026
Prohibits solitary confinement for people detained by the Department of Homeland Security and requires broad legal access, regular independent inspections, public reporting, and enforceable detention standards modeled on American Bar Association guidelines. It expands access to counsel and legal orientation, restricts use of for‑profit detention facilities (phasing them out within three years), increases congressional oversight access, and reforms arrest, bond, and prompt custody-review procedures to favor release except where DHS can clearly justify detention.