This act mandates comprehensive reporting on immigration detentions, incidents of abuse, and facility oversight, while requiring advance notice for using non-traditional detention sites.
Gabriel (Gabe) Vasquez
Representative
NM-2
The Humane Accountability Act mandates increased transparency and reporting from immigration agencies regarding the detention and removal of noncitizens. It requires detailed, regular reports to Congress concerning detainee incidents, including abuse, deaths, and complaints. Furthermore, the bill establishes a notification process for using non-traditional detention sites and seeks recommendations to improve oversight and due process protections.
New Accountability Act Demands DHS Release All Detention Data Since January 2025, Including Abuse Reports
The “Humane Accountability Act” is basically a massive data dump request from Congress to the Department of Homeland Security (DHS) and Health and Human Services (HHS). If you’ve ever had to chase down a paper trail for a big project, this bill is that, times a thousand, but with critical human rights implications. It’s all about transparency and forcing the government to show its work when it comes to immigration detention.
The Retroactive Paperwork Trail
This bill starts by demanding DHS look backward. Within 30 days of the Act passing, the Secretary of Homeland Security has to send Congress a detailed report covering every single noncitizen encounter, detention, and removal that has happened since January 21, 2025. We’re talking names, nationalities, the exact legal reason for detention, and where they were sent, even if they were transferred to places like the Terrorism Confinement Center (CECOT) in El Salvador. For the busy analyst, this means agencies are going to be drowning in data retrieval, trying to compile a massive, retroactive accounting of their enforcement actions. For the public, it means a clearer picture of who is being detained and why.
Shining a Light on Incidents and Oversight Gaps
Perhaps the most crucial part of this bill is Section 2’s requirement for a joint report from DHS and HHS. This report must catalog every serious incident involving detainees held by CBP, ICE, or ORR. This isn't just routine paperwork; it’s a mandate to report every instance of assault or abuse requiring medical attention, all sexual assault allegations, and every detainee death in custody. Think of it as a mandatory, public incident log designed to expose patterns of neglect or misconduct.
After Congress gets this grim inventory, the Comptroller General (GAO) steps in. They have 90 days to recommend fixes, specifically addressing how people can report abuse now that critical oversight offices—like the Immigration Detention Ombudsman—have been closed. This is the bill acknowledging that when watchdogs are removed, the system needs a replacement. It directly tackles the oversight gaps that affect the ability of detainees, or their families, to raise complaints about abuse, retaliation, or lack of legal access.
Closing the Door on Secret Detention Sites
If you’re worried about detainees being held in undisclosed or unusual locations, this bill creates a significant procedural hurdle. Before DHS or HHS can use a “non-traditional location” to hold people—which the bill defines as any property under the control of the Department of Defense (DoD), land on Indian reservations, or any place outside the continental U.S.—they must give Congress 60 days advance notice. They can’t just open up a new facility on a military base without telling anyone. This notice must include a detailed justification, the number of beds, the standard of care (especially medical access), and the full budget breakdown. This provision is designed to prevent the use of facilities that might operate outside standard detention protocols, ensuring that human rights and due process standards are maintained, even in emergency situations or remote locations.