HouseH.R. 10027119th Congress

Stop ICE’s Medical Neglect Act of 2026

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10027 Introduced in House (IH)]

<DOC>

119th CONGRESS
  2d Session
                               H. R. 10027

To require the Secretary of Homeland Security to establish a system for 
detainees to submit complaints with respect to medical neglect, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 3, 2026

Ms. Kamlager-Dove (for herself and Mr. Correa) 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 require the Secretary of Homeland Security to establish a system for 
detainees to submit complaints with respect to medical neglect, 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 TITLE.

    This Act may be cited as the ``Stop ICE's Medical Neglect Act of 
2026''.

SEC. 2. COMPLAINT SUBMISSION PLATFORM.

    (a) In General.--The Secretary of Homeland Security shall establish 
a publicly accessible, online platform that any individual detained by 
U.S. Immigration and Customs Enforcement or U.S. Customs and Border 
Protection may use to submit a complaint alleging medical neglect at 
the covered facility in which such individual is being held.
    (b) Complaint.--
            (1) Filing.--Individuals who may file a complaint described 
        under subsection (a) include--
                    (A) an individual detained by U.S. Immigration and 
                Customs Enforcement or U.S. Customs and Border 
                Protection who is being held in a covered facility;
                    (B) legal counsel filing on behalf of an individual 
                described under subparagraph (A); or
                    (C) a family member filing on behalf of an 
                individual described under such subparagraph.
            (2) Required information.--A complaint described under 
        subsection (a) shall include the following information:
                    (A) The name of the individual detained by U.S. 
                Immigration and Customs Enforcement or U.S. Customs and 
                Border Protection who is being held in a covered 
                facility.
                    (B) The alien registration number of such 
                individual.
                    (C) The name of the covered facility in which such 
                individual is being held.
                    (D) A description of the medical neglect such 
                individual experienced at such cover facility.
            (3) Confidentiality.--Any complaint submitted by an 
        individual described under paragraph (1)--
                    (A) shall be confidential; and
                    (B) may not be shared without the consent of the 
                individual who is the subject of such complaint.
    (c) Review.--
            (1) Review by medical expert.--Any complaint submitted to 
        the online platform established under this section shall be 
        reviewed by a contracted medical expert to determine if the 
        medical neglect alleged in the complaint occurred.
            (2) Referral.--
                    (A) Determination.--If a contracted medical expert 
                determines medical neglect occurred after conducting a 
                review pursuant to paragraph (1), the Secretary of 
                Homeland Security shall ensure the individual who 
                experienced such neglect in a covered facility receives 
                necessary medical treatment.
                    (B) Appeal.--If a contracted medical expert 
                determines no medical neglect occurred after conducting 
                a review pursuant to paragraph (1), an individual 
                described under subsection (b)(1) may appeal such 
                determination for further review to the Office for 
                Civil Rights and Civil Liberties of the Department of 
                Homeland Security.
            (3) Updates.--The Secretary of Homeland Security shall 
        provide updates on the status of any complaint submitted under 
        this section on the platform established under this section.
    (d) Retaliation.--Any individual being held in a covered facility 
may not be subject to retaliation or adverse treatment for submitting a 
complaint pursuant to this section, communicating with legal counsel, 
or corresponding with Congressional offices with respect to--
            (1) the conditions of their detention in such covered 
        facility; or
            (2) access to appropriate and timely medical care in such 
        covered facility.
    (e) Interpretation Services.--The Secretary of Homeland Security 
shall ensure language translation services are made available to any 
individual being held in a covered facility.
    (f) Definitions.--In this section:
            (1) Covered facility.--The term ``covered facility'' means 
        a facility where noncitizens are being held by the Secretary of 
        Homeland Security pursuant to the immigration laws (as such 
        term in defined under section 101(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a))), including--
                    (A) any facility that provides detention services 
                under a competitive bid contract awarded by the 
                Secretary of Homeland Security;
                    (B) any facility operated by or for the Department 
                of Homeland Security used to hold or otherwise house 
                noncitizens; and
                    (C) any additional space that may be utilized for 
                the purposes of temporarily detaining a noncitizen for 
                a period longer than 4 hours.
            (2) Contracted medical expert.--The term ``contracted 
        medical expert'' means an academic, licensed, and board-
        certified medical clinician, academic, doctor, provider, 
        physician assistant, nurse practitioner, or mental health 
        professional that--
                    (A) maintains an active medical license in at least 
                one State;
                    (B) is board certified in family medicine, internal 
                medicine, emergency medicine, obstetrics, gynecology, 
                or behavioral medicine;
                    (C) is in compliance with any other applicable 
                State and Federal requirements or certifications;
                    (D) has certifications or special training related 
                to providing medical care in a detention facility or 
                setting;
                    (E) has at least 5 to 10 years of experience 
                providing medical care in a detention facility or 
                setting;
                    (F) has experience objectively critiquing the 
                treatment provided by other medical practitioners in a 
                detention facility or setting;
                    (G) has experience formulating recommendations or 
                other steps to address issues, violations or concerns 
                identified as part of a complaint submitted to the 
                platform established under this section; and
                    (H) has the ability to travel to any covered 
                facility to perform onsite medical care or administer 
                aid through video telehealth conference call.
            (3) Medical neglect.--The term ``medical neglect'' means 
        the failure to provide timely access to--
                    (A) medically necessary care or follow-up;
                    (B) continuity of treatment and medication;
                    (C) specialty referrals when clinically indicated;
                    (D) medication management; or
                    (E) processes that identify deficiencies in patient 
                care for any illness, medical or mental health 
                condition, or physical injury.
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