Sponsors (5)
The bill increases local and public control, transparency, and impact review over new ICE facilities—at the cost of likely delays, higher administrative expenses, and legal/operational uncertainty for federal immigration operations.
Local and state governments gain formal review and approval authority over proposed new ICE facilities, giving communities a defined role in siting decisions.
Residents of host communities and immigrants get at least 30 days of public notice and opportunity to review and comment on proposed ICE facilities, increasing transparency and community input.
Local communities and infrastructure managers must receive environmental and infrastructure impact assessments (waste, water, electricity) for proposed ICE facilities, reducing risk of unplanned burdens on local services.
Federal agencies, detainees, and immigration staff could face delays in opening urgently needed ICE processing or detention sites, straining existing facilities and operations.
Immigrants, law enforcement, and federal agencies could face legal and logistical uncertainty (and increased litigation risk) about where ICE can operate if local approval is interpreted as required, complicating removals and operations.
Taxpayers and federal programs likely face higher administrative and compliance costs from required environmental, infrastructure, and economic analyses plus negotiated agreements, increasing program expenses.
Based on analysis of 3 sections of legislative text.
Introduced February 23, 2026 by Jeanne Shaheen · Last progress February 23, 2026
Prohibits the Department of Homeland Security and any other federal agency from starting construction, acquisition, renovation, operation, or otherwise acquiring an interest in property to be used as a new ICE processing site or detention center unless specific procedural steps are completed first. Those steps include a 30-day public Federal Register notice with project details and analyses, an agency response to significant public comments and a signed written agreement with local elected officials and the state governor, plus a 30-day waiting period after the agency files a report that includes the executed agreement. The law also defines who counts as "appropriate local government officials" and what qualifies as a "new processing site or detention center."