Immigration Detention Overhaul: Bill Bans For-Profit Facilities and Requires Unannounced Inspections

The “Dignity for Detained Immigrants Act” is a massive overhaul of how the Department of Homeland Security (DHS) handles immigration detention, focusing on increasing standards, oversight, and due process. At its core, the bill mandates that DHS create new, high-bar detention standards within one year, using the American Bar Association’s Civil Immigration Detention Standards as the minimum floor. This means facilities would have to meet significantly stricter requirements for everything from medical care to access to legal resources.

The End of For-Profit Detention

One of the most significant changes for the business sector is the mandated phase-out of private, for-profit detention. Under Section 7, DHS is prohibited from entering into or extending contracts with any public or private for-profit entity to run immigration detention facilities. The bill gives DHS three years to terminate all existing contracts and transition all detention operations to facilities that are owned and operated directly by the Department. This is a huge shift, effectively removing the profit motive from the detention of immigrants and potentially reshaping the landscape for companies currently running these facilities. If you work for one of these contractors, this bill sets a three-year clock for your employer to pivot or lose the contract.

Accountability by the Book: Inspections and Penalties

For anyone who has heard stories about poor conditions in detention centers, this bill introduces serious accountability measures. Section 5 requires the DHS Inspector General (IG) to conduct unannounced, in-person inspections of every facility at least once a year to check compliance with the new standards. This isn't a slap on the wrist, either. If a contracted facility fails an inspection due to issues threatening detainee health or safety, the IG imposes a fine of at least 10% of the contract’s value. If a facility fails two or more inspections within a two-year period, the Secretary must terminate the contract and transfer all detainees out within 30 days. This creates a clear, escalating penalty system that forces compliance quickly, or facilities get shut down.

A Presumption of Release and No Kids in ICE Custody

For detained individuals, the bill creates fundamental changes to the custody process (Section 9). When someone is taken into custody, they must receive an initial written custody decision within 48 hours. If release is denied, they get a hearing before an immigration judge within 72 hours. Crucially, the bill establishes a presumption of release, meaning the government must provide “clear and convincing evidence” that alternatives to detention won't work, or that the person poses a threat. A criminal record alone cannot justify continued detention.

The bill also explicitly prohibits the detention of any individual under 18 years old in a facility operated or contracted by ICE. Furthermore, it creates special protections for “vulnerable persons” (which includes anyone under 21 or over 60, pregnant people, LGBTQI+ individuals, or crime victims). These vulnerable people cannot be detained unless placing them in a community-based supervision program is deemed unreasonable or impractical.

Transparency and Due Process

To ensure the public knows what’s going on, Section 5 mandates extreme transparency. DHS must post detailed monthly data for every facility, including population numbers, compliance status, and the average length of detention. More critically, the bill establishes strict procedures for reporting any death in custody, requiring a root cause analysis within 30 days and a public report within 60 days. This level of mandated public disclosure, combined with the requirement that inspection reports and contracts be available under FOIA, makes it much harder to hide poor performance.

Finally, the bill strengthens due process by repealing mandatory detention laws (Section 9) and requiring DHS to establish a community-based case management program as an alternative to detention. This program must provide support services like housing and legal aid and specifically prohibits the use of ankle monitors or electronic surveillance, focusing instead on supportive case management to ensure appearance at hearings.