PolicyBrief
S. 3702
119th CongressJan 27th 2026
Dignity for Detained Immigrants Act
IN COMMITTEE

This Act mandates that immigrants be detained only in dedicated facilities under strict standards, establishes a presumption of release, prohibits child detention and solitary confinement, and enhances oversight and transparency for all immigration detention operations.

Cory Booker
D

Cory Booker

Senator

NJ

LEGISLATION

Immigration Detention Overhaul: 3-Year Deadline to Close Private Facilities and End Solitary Confinement.

The Dignity for Detained Immigrants Act aims to completely dismantle the current system of using local jails and private prisons for immigration custody. Within three years, the Department of Homeland Security (DHS) must stop contracting with for-profit companies and local governments, moving all detainees into facilities exclusively owned and operated by the federal government. The bill sets a hard deadline for this transition and mandates that these new centers meet strict safety and legal standards, effectively ending the practice of housing people in facilities designed for criminal incarceration.

Moving Out of the Local Jail

For years, many local county jails have padded their budgets by renting out beds to the federal government for immigration detention. This bill cuts that cord entirely. Within 36 months, DHS must terminate these contracts, meaning your local sheriff’s office might see a significant revenue drop, while the federal government will need to shell out for new, dedicated facilities. Beyond just moving people, the bill bans solitary confinement—defined as being stuck in a cell alone or with one person for any reason other than sleep—and requires every facility to have climate-controlled waiting areas for families and lawyers. It’s a shift from a 'jail-first' mentality to a civil detention model, requiring the Secretary of DHS to issue a compliance plan within 180 days.

The Presumption of Freedom

One of the biggest changes for everyday legal proceedings is the new 'presumption of release.' Currently, many people stay locked up while waiting for their day in court; this bill flips that script. Unless the government can prove with 'clear and convincing evidence' that someone is a flight risk or a danger to the community, they must be released. For a 25-year-old worker or a parent who is the primary caregiver, this means they could stay with their families while their case moves through the system. The bill also explicitly prohibits detaining anyone under 18 in ICE-operated facilities and mandates that bond amounts be set based on what a person can actually afford to pay, rather than a flat fee that might be impossible for a low-wage worker to meet.

Accountability and the 'Paper Trail'

To keep things honest, the bill introduces a level of transparency that’s currently missing. The DHS Inspector General will conduct unannounced, in-person inspections every year. If a facility fails to protect the health or safety of detainees, the consequences are immediate: private contractors face a fine of at least 10% of their contract value on the first strike, and contract termination on the second. Furthermore, if someone dies in custody, DHS has just 24 hours to notify Congress and 30 days to conduct a 'root cause analysis' involving medical professionals. All these reports, along with monthly data on how many people are being held and for how long, must be posted on a public website for anyone to see.

Legal Lifelines and Oversight

Navigating immigration law is notoriously difficult, so the bill requires a legal orientation program for every person in detention, run by independent nonprofits rather than the government. It also ensures that lawyers have confidential access to their clients via video or in-person meetings. For the skeptics who want to see it for themselves, the bill gives Members of Congress the right to walk into any facility without advance notice to conduct oversight. While this creates a much more open system, the challenge will be the cost and logistics of building an entirely new federal infrastructure to replace the private and local facilities currently in use.