DHS Community Consultation Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10259 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                               H. R. 10259

 To require the Secretary of Homeland Security to take certain actions 
  before constructing a facility for purposes of detaining any person 
          under the immigration laws, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 3, 2026

 Ms. Escobar introduced the following bill; which was referred to the 
   Committee on the Judiciary, and in addition to the Committees on 
Homeland Security, and Armed Services, 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 take certain actions 
  before constructing a facility for purposes of detaining any person 
          under the immigration laws, 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 ``DHS Community Consultation Act of 
2026''.

SEC. 2. REQUIREMENTS FOR CONSTRUCTING IMMIGRATION DETENTION FACILITIES.

    (a) In General.--Before beginning construction or entering into any 
contract, including for purchase or lease of an existing facility, for 
such construction on any facility for purposes of detaining any person 
under the immigration laws (as such term is defined in section 101(a) 
of the Immigration and Nationality Act (8 U.S.C. 1101)), the Secretary 
of Homeland Security shall--
            (1) consult with--
                    (A) local government and elected officials;
                    (B) stakeholders, including--
                            (i) representatives from any local utility 
                        companies;
                            (ii) community leaders;
                            (iii) business leaders; and
                            (iv) advocates;
                    (C) community members;
                    (D) local public health authorities; and
                    (E) emergency response services;
            (2) determine any impacts such facility may have on--
                    (A) healthcare services;
                    (B) emergency services;
                    (C) community health;
                    (D) local water and wastewater infrastructure, 
                including impacts on water pressure and supply;
                    (E) local electric power grids; and
                    (F) roads;
            (3) hold a public meeting about such construction to 
        provide community members with an opportunity to meet with 
        representatives from the Department of Homeland Security, U.S. 
        Customs and Border Protection, and U.S. Immigration and Customs 
        Enforcement;
            (4) establish a 60-day period for public comment and 
        review; and
            (5) respond to any such comments received during such 
        period.
    (b) Local Government.--If a local government of a municipality 
issues an ordinance, proclamation, moratorium, or any other official 
declaration prohibiting the construction of any facility for purposes 
of detaining any person under the immigration laws, the Secretary of 
Homeland Security may not construct such a facility in such 
municipality.
    (c) Contagious Disease Protocols.--The Secretary of Homeland 
Security shall coordinate with local public health authorities to 
establish, in the event of a contagious disease outbreak within a 
facility detaining any person under the immigration laws, protocols 
for--
            (1) treatment;
            (2) care;
            (3) containment;
            (4) prevention of further contagion; and
            (5) notifying the local community.

SEC. 3. PROHIBITIONS ON CONSTRUCTING IMMIGRATION DETENTION FACILITIES.

    (a) Existing Structures.--The Secretary of Homeland Security may 
not retrofit, renovate, or reconstruct an existing structure for 
purposes of detaining any person under the immigration laws (as such 
term is defined in section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101)) if such existing structure was not intended to 
house people, including a storage facility, warehouse, or commercial 
space.
    (b) Military Installations.--The Secretary of Homeland Security may 
not construct or operate any facility for purposes of detaining any 
person under the immigration laws on a United States military 
installation (as defined in section 2801 of title 10, United States 
Code).
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