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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4589 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4589
To improve immigration enforcement transparency, preserve civil rights,
and improve the accountability of immigration enforcement personnel,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 20, 2026
Mr. Bennet introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To improve immigration enforcement transparency, preserve civil rights,
and improve the accountability of immigration enforcement personnel,
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 TITLES.
This Act may be cited as the ``Oversight, Protection, and
Enforcement Notification Act'' and ``OPEN Act''.
SEC. 2. DEFINITIONS.
In this section:
(1) Chokehold or carotid hold.--The term ``chokehold or
carotid hold'' means the application of any pressure to the
throat or windpipe, the use of maneuvers that restrict blood or
oxygen flow to the brain, or carotid artery restraints that
prevent or hinder breathing or reduce intake of air of an
individual.
(2) Conduct exceeding authorized authority.--The term
``conduct exceeding authorized authority'' means any action
taken without legal authorization, outside the scope of
assigned duties, or in violation of Federal law, regulation, or
Department of Homeland Security policy, including--
(A) conducting a stop, search, entry, arrest, or
detention without legal authority, a valid warrant, or
required supervisory approval;
(B) misrepresenting identity, authority, or purpose
to gain compliance or entry;
(C) conducting enforcement activity outside an
assigned geographic area, mission scope, or operational
plan;
(D) using unapproved tactics, equipment, or
vehicles, including failure to comply with
identification or uniform requirements;
(E) acting in violation of constitutional
protections, civil rights laws, or court orders; and
(F) any action involving sexual violence.
(3) Excessive force.--The term ``excessive force'' means
the use of physical force or weapons beyond what is objectively
reasonable and necessary, including--
(A) discharging or brandishing a firearm at any
individual or vehicle;
(B) using a chemical agent, a conducted energy
device, a baton, or an impact weapon;
(C) any action involving a physical takedown, a
chokehold, or the placement of an individual on the
ground;
(D) using restraints or force resulting in bodily
injury, hospitalization, or death; and
(E) using deadly force to incapacitate a subject.
(4) Member of congress.--The term ``Member of Congress''
includes any Senator, Representative, Delegate, or Resident
Commissioner of the United States Congress.
SEC. 3. IMPROVING IMMIGRATION ENFORCEMENT TRANSPARENCY.
(a) Access to Immigration Detention Facilities.--
(1) In general.--The Secretary of Homeland Security shall
ensure that all Members of Congress are given unrestricted
access, without advance notice, to all immigration detention
facilities used or operated by the Department of Homeland
Security, including facilities operated by U.S. Immigration and
Customs Enforcement or U.S. Customs and Border Protection,
regional processing centers, field offices, State-run
facilities, and privately operated or contracted facilities,
regardless of the source of funding for such facilities.
(2) Scope of access.--Access to immigration detention
facilities required under paragraph (1) shall include--
(A) access to all of the areas in such facilities;
(B) the ability to speak privately with detained
individuals and facility personnel on the same day as
the visit and without prior authorization;
(C) the ability to observe conditions of
confinement and compliance with applicable Federal law,
regulations, and standards; and
(D) the ability of a Member of Congress, a State or
local elected official, or a representative of a local
health and safety agency to be accompanied by
congressional staff and, at the discretion of the
Member, official, or representative, subject matter
experts, including medical professionals, legal
experts, interpreters, and other individuals who such
Member, official, or representative considers necessary
to assist in evaluating facility conditions and
compliance with applicable laws and standards.
(3) Access for legal counsel, faith leaders, and family
members.--The Secretary of Homeland Security shall ensure that
detained individuals have timely and reasonable access to legal
counsel, faith leaders, and family members, including the
ability to communicate privately and in person whenever
practicable, subject only to narrowly tailored limitations that
are necessary to protect the safety and security of the
facility in which such individuals are detained.
(4) Prohibition on delay or denial.--
(A) In general.--The operator of an immigration
detention facility may not delay, condition, restrict,
or deny access to such facility to a Member of Congress
on the basis of staffing limitations, operational
considerations, contractual arrangements, or facility
designation.
(B) Notice.--Not later than 72 hours after
discovering that a Member of Congress' access to an
immigration detention facility was delayed or denied
for any reason, the Director of U.S. Immigration and
Customs Enforcement or the Commissioner of U.S. Customs
and Border Protection shall submit a detailed report
identifying the reasons for such delay and denial and
describing the steps that will be taken to prevent
future delays or denials to--
(i) the Committee on Appropriations of the
Senate;
(ii) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(iii) the Committee on the Judiciary of the
Senate;
(iv) the Committee on Appropriations of the
House of Representatives;
(v) the Committee on Homeland Security of
the House of Representatives;
(vi) the Committee on the Judiciary of the
House of Representatives; and
(vii) the Office of Inspector General of
the Department of Homeland Security.
(5) Consequences for repeated noncompliance.--
(A) In general.--If access to an immigration
detention facility is delayed or denied to 2 or more
Members of Congress in violation of this subsection
during any fiscal year, the Secretary of Homeland
Security shall ensure that any officer, employee, or
contractor of the Department of Homeland Security who
knowingly delays, restricts, or denies access to such a
facility in violation of this subsection is subject to
appropriate administrative or contractual disciplinary
action.
(B) Notification.--The Secretary shall notify the
committees listed in paragraph (4)(B) not later than 48
hours after determining a violation described in
subparagraph (A) has occurred.
(6) Rule of construction.--Nothing in this subsection may
be construed to limit the authority of Congress to impose
additional requirements or restrictions through appropriations
Acts or other legislation.
(b) Public Reporting Requirements.--The Secretary of Homeland
Security shall track and publicly report, on an aggregated basis
without including personally identifiable information of those
involved, all allegations and incidents in which immigration
enforcement officers or agents, during an immigration enforcement
operation or while an individual is detained by the Department of
Homeland Security--
(1) used excessive force to carry out their objective;
(2) engaged in conduct exceeding authorized authority;
(3) detained a United States citizen;
(4) mistakenly detained or arrested an individual who
should not have been detained or arrested;
(5) perpetrated sexual assault, abuse, or harassment; or
(6) engaged in other misconduct.
(c) Detention Accountability and Grievance Procedures.--
(1) Grievance process.--The Secretary of Homeland Security
shall ensure that each immigration detention facility used or
operated by the Department of Homeland Security or its
contractors maintains a confidential and accessible grievance
process through which detained individuals may report
grievances regarding--
(A) the use of excessive force;
(B) violations of Federal law, detention standards,
or Department policy;
(C) threats, intimidation, retaliation, or abuse by
facility personnel; or
(D) sexual assault, abuse, or harassment.
(2) Accessibility requirements.--The grievance process
required under paragraph (1) shall--
(A) be available in all languages commonly spoken
by detained individuals;
(B) permit grievances to be filed orally or in
writing;
(C) allow detained individuals to submit grievances
without interference or retaliation; and
(D) provide timely review and resolution of such
grievances.
(3) Accountability for excessive force or misconduct.--If
an investigation conducted by the Department of Homeland
Security, the Office of Inspector General of the Department,
the Office of Professional Responsibility of the Department,
U.S. Immigration and Customs Enforcement, a local field office,
or any other authorized investigative entity determines that an
officer, employee, or contractor used excessive force against a
detained individual, the head of the agency with jurisdiction
over the facility shall ensure that such individual--
(A) is immediately removed from duties involving
the supervision, custody, or transport of detained
individuals at the facility at which the incident
occurred; and
(B) is not permitted to return to perform such
duties.
(4) Sexual abuse and assault prevention and intervention
program.--Not less frequently than annually, the Secretary of
Homeland Security shall publish facility-specific information
for each immigration detention facility regarding each
facility's compliance with U.S. Immigration and Customs
Enforcement's Sexual Abuse and Assault Prevention and
Intervention Program, including--
(A) the number of allegations of sexual abuse or
harassment reported at such facility;
(B) the status and outcome of investigations into
such allegations;
(C) whether the facility was found compliant with
applicable standards under the Sexual Abuse and Assault
Prevention and Intervention Program; and
(D) any corrective actions required and the status
of such actions.
SEC. 4. PRESERVING CIVIL RIGHTS.
(a) Use of Force.--In carrying out immigration enforcement
operations, immigration enforcement officers and agents may not use
excessive force.
(b) Detainee Rights.--The Secretary of Homeland Security shall
ensure, after an immigration enforcement officer or agent detains any
individual--
(1) a member of such individual's immediate family, as
determined by the detained individual, is notified of such
detention by the Department of Homeland Security not later than
5 hours after the commencement of such detention;
(2) such individual is guaranteed access to at least 1
phone call within 5 hours after the commencement of the
detention;
(3) such individual is guaranteed reasonable access to
legal counsel and a faith leader not later than 12 hours after
the commencement of the detention and periodically thereafter,
either in person or through telephonic communication; and
(4) such individual is guaranteed reasonable accommodations
to facilitate the signing of any necessary legal documentation.
(c) Medical and Mental Health Services.--The Secretary of Homeland
Security shall ensure that--
(1) after an immigration enforcement officer or agent
detains any individual, such individual is provided timely
medical and mental health services, including access to
emergency care and chronic condition management, in accordance
with the standards established under the National Detention
Standards and the Performance-Based National Detention
Standards;
(2) any individual in detention with care provided by the
Department of Veterans Affairs should have access to health
care services provided by the Department of Veterans Affairs;
(3) if an individual described in paragraph (1) is
transferred to a hospital or emergency room--
(A) the individual's legal counsel or designated
representative is immediately notified; and
(B) family members or a designated emergency
contact are notified of the location of such hospital
or emergency room as soon as practicable; and
(4) procedures are implemented to allow family members or
legal representatives of such individuals to drop off valid
prescription medications and necessary medical devices for use
in detention facilities, including CPAP machines, mobility
aids, and glucose monitors, for the individual's use after such
items are cleared through standard security and medical review.
(d) Transportation and Transfers.--
(1) Notice of transfer.--Not later than 24 hours after any
detained individual is transferred to another detention
facility, the head of the facility housing the individual shall
notify the individual's legal counsel, designated
representative, and next of kin, as applicable, of--
(A) the specific name and address of the facility
to which the individual has been transferred; and
(B) the direct contact information for such
facility, including a primary phone number and a point
of contact for inquiries from the family and legal
representative of such individual.
(2) Justification for transfer.--
(A) In general.--Before any transfer described in
paragraph (1), the Director of the facility or the
field office shall provide a written justification to
the detained individual and such individual's legal
counsel detailing the specific administrative or safety
reason for such transfer, such as medical necessity,
facility capacity, or specialized housing requirements.
(B) Medical transfer summaries.--The Director of
the facility from which a detained individual is being
transferred shall provide a medical transfer summary
with respect to such individual to the receiving
facility.
(C) Observations.--Officers involved in the
transfer of detained individuals between detention
facilities shall share with the receiving facility any
observations suggesting the detained individual--
(i) has engaged in self-injurious behavior;
or
(ii) has expressed a desire to harm himself
or herself during such transfer.
(D) Specialty care.--A detained individual in need
of specialty care may not be transferred to a detention
facility that lacks the resources to provide such care
unless such resources may be easily procured from a
nearby hospital, clinic, or doctors' office.
(3) Bed availability and facility standards.--A transfer
described in paragraph (1) may not occur unless the Director of
both the originating and receiving detention facilities attest
that--
(A) a dedicated bed and appropriate housing space
are available at the destination facility to which the
individual is being transferred; and
(B) such destination facility meets all applicable
Federal detention standards, including having the
medical and mental health resources to maintain the
individual's continuity of care.
(4) Additional detention standards.--All transfers of
detained individuals shall comply with all applicable standards
established by the Secretary of Transportation, including--
(A) minimum protections during transport,
including--
(i) the use of seatbelts or secure seating
for all individuals during vehicle movement;
(ii) prohibition on transport in
overcrowded conditions or standing-room
configurations;
(iii) access to adequate ventilation,
temperature control, food, drinking water, and
necessary medications; and
(iv) for individuals who are restrained or
shackled--
(I) the application or adjustment
of such restraints shall allow the
individual the physical range of motion
necessary to safely drink water and
consume food without assistance; or
(II) if the security level of the
restraint prevents the individual from
self-feeding or self-drinking, the
provision of direct, safe assistance to
ensure the individual is able to eat
and drink fully and comfortably;
(B) regular bathroom breaks, including--
(i) access to restroom facilities not less
frequently than once every 2 hours during
transport;
(ii) reasonable accommodations for
children, elderly individuals, pregnant women,
and individuals with medical conditions; and
(iii) mandatory reasonable accommodations
for individuals with physical, sensory,
intellectual, or mental health disabilities,
including the provision of vehicles and
communication assistance in full compliance
with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.); and
(C) safety protocols, including--
(i) medical screening before transport to
identify health risks, disabilities, or special
needs;
(ii) continuous monitoring of individuals
during transport by trained personnel;
(iii) prohibiting the use of restraint
methods that impede breathing, circulation, or
safe seating during transport;
(iv) maintaining written transport logs
documenting the duration, conditions, stops,
and personnel involved;
(v) operating audio or video recording
equipment, where available, for the duration of
transport; and
(vi) protecting mobility and medical
devices by ensuring such items are transported
with the individual and are not separated or
damaged during the transfer process.
(5) Documentation and reporting.--Not later than 24 hours
after each incident involving a violation by a transporting
officer or agent of any standard described in paragraph (4),
such incident shall be--
(A) documented by the supervisor of such officer or
agent, which documentation shall include--
(i) the nature of the violation;
(ii) the duration of the transport during
which such violation occurred;
(iii) the individuals affected by such
violation;
(iv) any corrective actions taken to
prevent future violations; and
(v) any disciplinary or remedial measures
imposed on the violator; and
(B) reported to--
(i) the Office for Civil Rights and Civil
Liberties of the Department of Homeland
Security;
(ii) the Office of Inspector General of the
Department of Homeland Security; and
(iii) the appropriate congressional
committees.
(e) Office for Civil Rights and Civil Liberties.--The Secretary of
Homeland Security shall--
(1) reconstitute the Office for Civil Rights and Civil
Liberties of the Department of Homeland Security; and
(2) ensure such Office has an independent reporting
structure, including direct reporting authority to the
Secretary of Homeland Security, for purposes of investigating,
reviewing, and reporting on civil rights and civil liberties
violations related to immigration enforcement or detention.
SEC. 5. LIMITATIONS ON CONVERSIONS OF EXISTING BUILDINGS INTO IMMIGRANT
DETENTION CENTERS.
(a) In General.--U.S. Immigration and Customs Enforcement or U.S.
Customs and Border Protection may not acquire and repurpose any
warehouse, State-run facility, or correctional facility as a detention
center for individuals who are awaiting removal proceedings or are in
Federal custody absent full compliance with the requirements set forth
in subsection (b).
(b) Requirements for Conversion of Existing Facilities.--
(1) Compliance and financial accountability.--
(A) In general.--The new immigrant detention center
shall be operated in full compliance with all
applicable Federal detention and safety standards.
(B) Contractual penalties.--The Secretary of
Homeland Security shall ensure all contracts for the
operation of immigration detention centers include
enforceable financial clawbacks and liquidated damages
provisions to be triggered by a persistent or systemic
failure to adhere to all applicable Federal detention
and safety standards.
(2) Guaranteed access.--All individuals housed at any
immigration detention center shall be guaranteed regular access
to legal counsel, faith leaders, and family members, either in
person or through telephonic communication, in accordance with
paragraphs (2) and (3) of section 3(a).
(3) Independent inspections and timeline.--
(A) In general.--Each immigration detention center
shall be subject to a rigorous inspection schedule.
(B) Pre-operational audit.--An independent
inspection of each new immigration detention facility
shall be completed and published not later than 30 days
before any contract is executed for the operation of
such facility.
(C) Recurring access.--State Attorneys General, the
Office for Civil Rights and Civil Liberties of the
Department of Homeland Security, and a court-appointed
independent monitor shall have unrestricted,
unannounced access to each immigration detention
facility at any time.
(D) Reporting.--Not later than 14 days after
conducting an inspection of an immigration detention
facility, the Secretary of Homeland Security shall
submit a report containing the results of such
inspection to--
(i) the appropriate congressional
committees; and
(ii) the Governor of the State in which
such facility is located.
(4) Commencement of operations.--A new immigration
detention center may not commence operations without full
transparency and oversight in accordance with this subsection.
(5) Notice; briefings.--The Secretary of Homeland Security
shall provide advance written notice and ongoing coordination
to the Governor, State attorney general, and appropriate local
government officials in the jurisdiction in which any new
immigration detention center is located, including--
(A) notice of the intent to establish, expand, or
materially modify operations at the facility; and
(B) regular briefings regarding population levels,
medical capacity, emergency protocols, and public
safety impacts.
(6) Intergovernmental consultation.--
(A) In general.--The Secretary of Homeland Security
shall establish procedures for consulting with
appropriate State and local government officials
regarding any new immigration detention center's impact
on local infrastructure.
(B) Certification requirement.--The Secretary shall
certify that each new immigration detention center
adheres to all applicable State health and safety
standards unless such standards directly conflict with
the execution of Federal immigration law.
(c) Rule of Construction.--Nothing in this section may be construed
to waive the supremacy of Federal law.
SEC. 6. WARRANT REQUIREMENTS.
(a) Judicial Warrants.--Notwithstanding any other provision of law,
including the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
and any regulation or policy issued by the Department of Homeland
Security, an officer or agent of U.S. Immigration and Customs
Enforcement or U.S. Customs and Border Protection may not arrest or
detain an individual without a judicially enforceable warrant issued by
a magistrate judge or a judge appointed under article III of the
Constitution of the United States who has been duly confirmed by the
Senate.
(b) Administrative Warrants.--
(1) In general.--Except as provided in paragraph (2), an
administrative warrant, including a warrant of arrest or
removal issued by an officer or employee of the Department of
Homeland Security, may not--
(A) authorize entry into a private residence or
dwelling; or
(B) be used to justify forced entry, coercive
entry, or entry without consent.
(2) Exceptions.--The restrictions set forth in paragraph
(1) shall not apply with respect to an individual who is
determined to be a flight risk or a danger to the public.
(c) Remedies for Violations.--If an immigration enforcement action
is conducted in violation of this section--
(1) any information obtained as a result of such action
shall be prohibited from being entered into the record or
received into evidence in a removal proceeding for purposes of
establishing alienage or chargeability; and
(2) the noncitizen who is the subject of such removal
proceedings may file a motion to enforce the prohibition
described in paragraph (1), including through a motion to
terminate such proceedings.
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