Sponsors (4)
The bill substantially increases legal accountability and potential compensation for detainees and families harmed in private detention, while raising liability costs and legal exposure that could increase taxpayer costs, deter staff, or prompt contractors to exit, risking capacity and operational disruption.
Immigrants detained in private facilities and their families can sue in federal court and recover at least $5,000,000 plus economic and punitive damages for wrongful deaths caused by private detention staff.
Private detention centers are held vicariously liable, creating stronger incentives for facilities to improve safety, staffing, and oversight to prevent fatal incidents.
Families retain the ability to bring claims in state court, preserving existing avenues for compensation and allowing plaintiffs to choose the most appropriate forum for their case.
Large statutory damage awards and increased liability may prompt private contractors to exit federal detention contracts, reducing available detention capacity and potentially disrupting operations or increasing government costs to replace capacity.
Private detention centers and their insurers will face much higher liability exposure and damage payouts, which could increase taxpayer payments under federal contracts or lead to contract renegotiation/termination.
Officers and employees lose defenses of absolute or qualified immunity, exposing individual staff to personal liability and potentially deterring people from working at or staffing these facilities.
Based on analysis of 2 sections of legislative text.
Creates a federal right to sue private detention officers and centers for wrongful deaths with a minimum $5,000,000 statutory award and vicarious liability for centers.
Official title: To create a private right of action to hold private detention centers liable for the wrongful death of any person being held in such private detention center, and for other purposes.
Introduced July 22, 2026 by Derek Tran · Last progress July 22, 2026
Creates a federal private right of action for wrongful deaths caused by officers or employees of private detention centers that contract with the federal government. It lets the decedent’s successor sue in federal court for at least $5,000,000 in statutory damages plus economic and punitive damages, makes the private detention center vicariously liable, bars immunity defenses by the employee/officer, and preserves state-court remedies. Applies to private entities holding people for alleged civil, criminal, or immigration law violations and defines “private detention center.” The law does not change state law remedies but supplements them with a federal cause of action and minimum statutory damages requirement.