PolicyBrief
S. 3894
119th CongressFeb 23rd 2026
Respect for Local Communities Act
IN COMMITTEE

The Respect for Local Communities Act requires the Department of Homeland Security to obtain formal consent from local and state officials before acquiring, building, or modifying any new immigration processing site or detention center.

Jeanne Shaheen
D

Jeanne Shaheen

Senator

NH

LEGISLATION

Respect for Local Communities Act Mandates Local Consent and Impact Studies for New ICE Facilities

The Respect for Local Communities Act fundamentally changes how the Department of Homeland Security (DHS) can set up shop in your backyard. Under this bill, the federal government can no longer unilaterally decide to build or modify an immigration processing site or detention center. Instead, the Secretary of Homeland Security must first consult with local mayors and city councils, providing them with a comprehensive written assessment of how the facility will affect the area. This isn't just a courtesy call; the assessment must include hard data on projected operational capacity, the number of detainees, the count of federal employees moving in, and the specific ripple effects on local public safety, health, and the environment (Sec. 1).

Power to the Locals This legislation gives local leaders a literal seat at the table and a final say in the matter. Once the DHS provides its impact assessment, local officials—defined as the mayor or county executive plus a majority of the legislative body—have 60 days to submit a written response. If they say no, the project stops. The bill explicitly prohibits the Secretary from proceeding with acquiring or building a facility unless those local officials express formal support in writing. For a small-town mayor or a county commissioner, this means they can protect local resources, like water and electricity, if they feel a massive new facility would overwhelm the town’s existing infrastructure (Sec. 2).

The Fine Print of Infrastructure Beyond just a thumbs-up or thumbs-down, the bill introduces a heavy layer of due diligence before a single brick is laid. Federal agencies would be required to publish a notice in the Federal Register for 30 days of public comment and conduct deep-dive reviews, including an engineering review of waste exportation and an economic impact analysis (Sec. 3). For example, if a private contractor wants to build a facility in a suburb, they’d have to prove exactly how much water the site will use and how it might impact the local power grid. This ensures that a new facility doesn't result in surprise utility hikes or sewage issues for the families living nearby.

State and Federal Guardrails To ensure everyone is on the same page, the bill requires a signed, written agreement between the federal agency, the state Governor, and the local officials. This creates a chain of accountability that reaches all the way to Washington; the agency must submit a report containing this signed agreement to several congressional committees at least 30 days before starting work. While this adds significant paperwork for agencies like ICE and DHS, it provides a transparent paper trail for residents to see exactly who authorized the project and what the promised impacts were. It effectively shifts the burden of proof from the community to the federal government to justify why a detention site belongs in a specific zip code.