PolicyBrief
H.R. 10105
119th CongressAug 13th 2026
Stop ICE Price Gouging Act
IN COMMITTEE

The Stop ICE Price Gouging Act mandates fair pricing for essential and nonessential items in immigration detention commissaries by capping markups, prohibiting predatory fees, and ensuring accountability for overcharges.

Shri Thanedar
D

Shri Thanedar

Representative

MI-13

LEGISLATION

Stop ICE Price Gouging Act Caps Commissary Markups at 5% for Essential Hygiene and Health Items

The Stop ICE Price Gouging Act targets the high costs of basic necessities inside immigration detention centers by setting strict limits on how much contractors can mark up prices. For items defined as "essential"—think soap, shampoo, menstrual products, diapers, and stamps—the bill caps the markup at just 5% over what the vendor paid. For everything else, like snacks or extra electronics, the markup is capped at 35%. The bill also bans hidden service fees and kickback arrangements, ensuring that the price on the tag isn't inflated by middleman commissions.

Cutting the Hidden Costs of Hygiene

By creating a legal definition for "essential items," the bill ensures that people aren't paying premium prices for basic dignity. This list specifically includes items like toothpaste, toilet paper, laundry supplies, and basic undergarments. For a family sending money to a detained relative, this change means their dollars go toward actual products rather than padding the profit margins of a private contractor. The bill also makes it clear that if a facility is already required by law or contract to provide an item for free, this new pricing structure doesn't give them a green light to start charging for it.

Accountability and the Detainee Welfare Fund

To keep contractors honest, the legislation requires ICE to audit these stores and issue refunds if they catch overcharging. If a person has already been released or transferred before a refund can be issued, that money doesn't just disappear back into the contractor's pocket. Instead, it gets moved into a new "Detainee Welfare Fund." This fund is strictly reserved for things like educational programs or recreational equipment that benefit the people living in the facility, and the bill explicitly forbids the government from using this money to cover standard operational costs or legal compliance.

Strict Oversight for Contractors

This isn't just a suggestion; the bill gives the Director of ICE the teeth to punish repeat offenders. If a contractor willfully ignores these price caps, they could face withheld payments, terminated contracts, or even a ban on future government work. Every 90 days, ICE must report to Congress with a detailed breakdown of what items cost and what the markups look like. While this adds a layer of bureaucracy, it provides the transparency needed to ensure that the "essential" label isn't being manipulated to squeeze more profit out of non-essential categories.