SenateS. 4786119th Congress
Governors’ Right to Inspect Act of 2026
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4786 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4786
To authorize sitting Governors to conduct health and safety oversight
inspections of immigration detention facilities located within their
States, and to establish a reporting mechanism to Congress on
conditions found therein.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 15, 2026
Mr. Booker introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To authorize sitting Governors to conduct health and safety oversight
inspections of immigration detention facilities located within their
States, and to establish a reporting mechanism to Congress on
conditions found therein.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Governors' Right
to Inspect Act of 2026''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; purpose.
Sec. 3. Definitions.
Sec. 4. Right of access for health and safety oversight.
Sec. 5. Notice.
Sec. 6. Facility obligations and security protocols.
Sec. 7. Reports to Congress.
Sec. 8. Supplemental authority.
Sec. 9. Authorization of appropriations.
Sec. 10. Effective date.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) In 2026, the United States detention rate peaked at the
highest in decades, with more than 70,000 people in custody in
facilities operated either directly by U.S. Immigration and
Customs Enforcement or by private contractors under a Federal
contract.
(2) Nearly 50 individuals died in ICE custody between
January 2025 and May 2026, which is the highest death toll in
at least 20 years. This raises urgent concerns about the
adequacy of medical care and conditions of confinement across
the Federal detention system.
(3) Credible reports from detainees, attorneys, and elected
officials at Delaney Hall immigration detention center in
Newark, New Jersey (a privately operated, 1,000-bed facility
run by the GEO Group under Federal contract) have documented
overcrowding, spoiled food, lack of medical access, and
inadequate sanitation, conditions that led to a hunger and
labor strike by approximately 300 detainees during May 2026.
(4) New Jersey Governor Mikie Sherrill, exercising her
responsibility as the chief executive of the State of New
Jersey to protect the health and welfare of individuals within
State borders, sought to conduct an in-person oversight visit
of Delaney Hall on May 25, 2026, and was denied entry. The
Governor stated that the denial of access itself was evidence
of serious concern about conditions inside the facility.
(5) Governors, as the chief executives of the states in
which detention facilities are located, bear direct public
health responsibilities for their residents and have a
constitutional and civic interest in ensuring that facilities
within their states meet basic health and safety standards.
(6) Governors and designated public health officials are
uniquely well-positioned--
(A) to conduct independent, on-the-ground health
and safety oversight; and
(B) to communicate findings directly to Congress,
supplementing and, where necessary, compensating for
gaps in, existing Federal inspection programs.
(b) Purpose.--The sole purpose of this Act is to authorize health
and safety oversight by designated State officials. Governors and other
State officials will not be authorized to interfere with Federal
immigration enforcement operations, detainee custody determinations, or
removal proceedings.
SEC. 3. DEFINITIONS.
In this Act:
(1) Authorized oversight official.--The term ``authorized
oversight official'' means--
(A) the Governor of any State in which a covered
facility is located; or
(B) any State public health or safety official
designated--
(i) by the Governor of such State solely
for purposes of conducting inspections under
this Act; or
(ii) under applicable State law.
(2) Covered facility.--The term ``covered facility'' means
any facility located within the United States that is used for
the detention of individuals in the custody of the Secretary,
including--
(A) facilities directly owned and operated by ICE;
(B) facilities owned or operated by a private
entity pursuant to a contract with the Department of
Homeland Security; and
(C) any detention facility of a State or unit of
local government pursuant to an intergovernmental
service agreement with the Secretary.
(3) Health and safety inspection.--The term ``health and
safety inspection'' means a visit to a covered facility for the
purpose of observing and documenting physical conditions at the
covered facility as such conditions relate to the health,
safety, and humane treatment of detained individuals, including
sanitation, medical care access, food quality, access to clean
water, sleeping conditions, temperature, ventilation, and
emergency safety systems.
(4) ICE.--The term ``ICE'' means U.S. Immigration and
Customs Enforcement.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 4. RIGHT OF ACCESS FOR HEALTH AND SAFETY OVERSIGHT.
(a) General Authorization.--Notwithstanding any other provision of
law or policy, no funds appropriated or otherwise made available to the
Secretary may be used to prevent an authorized oversight official from
entering a covered facility for the purpose of conducting a health and
safety inspection.
(b) Scope of Access.--An authorized oversight official conducting a
health and safety inspection shall have the right to--
(1) access all areas of the covered facility;
(2) interview detainees who agree to, or request to, speak
with the official in a private room or area regarding health
and safety conditions;
(3) review health and safety records of detainees,
including food preparation logs, medical treatment records (in
aggregate and consistent with applicable privacy laws), and
facility maintenance records; and
(4) document physical conditions at the covered facility
through written notes and photography, subject to reasonable
security protocols established by the Secretary pursuant to
section 6.
(c) No Interference With Enforcement Operations.--Nothing in this
Act may be construed to authorize any authorized oversight official
to--
(1) direct, halt, delay, or otherwise interfere with any
ICE enforcement action, custody determination, removal
proceeding, or transfer of detainees;
(2) release or order the release of any detained
individual;
(3) direct Federal employees or contractors in the
performance of their duties;
(4) access classified law enforcement information or
sensitive law enforcement information unrelated to health and
safety conditions; or
(5) engage in access for any purpose other than civilian
health and safety oversight.
SEC. 5. NOTICE.
An authorized oversight official may conduct a health and safety
inspection of a covered facility without prior notice.
SEC. 6. FACILITY OBLIGATIONS AND SECURITY PROTOCOLS.
(a) Duty To Cooperate.--The operator of a covered facility shall
cooperate with each health and safety inspection.
(b) Reasonable Security Protocols.--Not later than 90 days after
the date of the enactment of this Act, the Secretary shall promulgate a
rule establishing reasonable security protocols governing health and
safety inspections, which--
(1) may include--
(A) prohibiting weapons within the facility;
(B) facility staff escorting authorized oversight
officials during each health and safety inspection;
(C) restricting photography in areas posing genuine
security risks in a manner that is narrowly tailored
and does not prevent documentation of health and safety
conditions; and
(D) prohibiting disclosure of information that
could compromise the identity or safety of undercover
personnel; and
(2) may not be designed or applied in a manner that
effectively prevents or significantly impairs the conduct of a
health and safety inspection.
SEC. 7. REPORTS TO CONGRESS.
(a) Optional Reports by Governors.--Following any health and safety
inspection of a covered facility in a State, the Governor of that State
may submit a written report to--
(1) the Committee on the Judiciary of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on the Judiciary of the House of
Representatives;
(5) the Committee on Homeland Security of the House of
Representatives;
(6) the Committee on Appropriations of the House of
Representatives;
(7) any Member of Congress representing the district or
State in which such facility is located; and
(8) the Secretary.
(b) Contents of Report.--Any report submitted under this section
may include--
(1) the name, location, and operator of the covered
facility inspected;
(2) the date and duration of the health and safety
inspection;
(3) observations regarding health and safety conditions,
including any deficiencies observed;
(4) recommendations for corrective action; and
(5) any response or explanation provided by facility
operators during or after the inspection.
(c) DHS Response.--Not later than 60 days after receiving a report
described in this section, the Secretary shall submit a response to the
Governor who submitted the report and all the other recipients of such
report that--
(1) verifies or corrects the findings of the report; and
(2) includes a plan for implementing the corrective actions
recommended in the report.
(d) Public Availability.--Reports submitted under this section, and
any response of the Secretary to such reports, shall be made publicly
available on the website of the Secretary, subject to redaction of any
information that would compromise facility security or individual
privacy.
SEC. 8. SUPPLEMENTAL AUTHORITY.
The access granted to authorized oversight officials under this Act
is supplemental to, and does not limit, any rights existing under--
(1) any State law providing health and safety inspection
authority over private detention facilities; or
(2) any existing intergovernmental agreement between a
State or locality and the Secretary.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as may be necessary to implement the requirements of this Act,
including--
(1) the establishment of security protocols under section
6; and
(2) the maintenance of a public reporting portal under
section 7(d).
SEC. 10. EFFECTIVE DATE.
This Act shall take effect on the date this is 180 days after the
date of the enactment of this Act.
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