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119-hr-10107119th Congress

Families Deserve to Know Act

Sponsored By: Representative Torres, Ritchie [D-NY-15]

Introduced

Summary

Timely, compassionate notification is the bill’s core aim. This bill would require ICE to collect and maintain emergency contact and medical proxy information and to notify those contacts quickly when someone dies, is critically ill, or is seriously injured in DHS custody.

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  • Families and emergency contacts: Notifications must be attempted within 12 hours for deaths and within 12 to 24 hours for many serious medical events. Contacts can update information anytime and ICE must review and offer updates at least every 90 days with language access and privacy protections.
  • People in custody and medical staff: Intake must record emergency contacts, preferred notification order, and advance-directive info. The bill requires respectful, private notifications, offers in-person or virtual meetings, and ensures meaningful contact between contacts or proxies and treating providers.
  • Contractors, facilities, and oversight: Missing required notifications can trigger civil penalties of $100,000 per day and possible contract termination with a three-year debarment after repeated failures. A Family Notification Fund would hold penalty money for damages, individuals may sue for at least $100,000 per violation, and records must be kept for 10 years with OIG audits.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

Penalties and family damages for violations

If enacted, families, emergency contacts, next-of-kin, or representatives could sue in federal court for notification violations. A prevailing plaintiff could get actual damages or at least $100,000 for each violation, and each day a required notice remains unmade counts as a separate violation. Private defendants can face punitive damages for willful violations. Contractors and subcontractors would owe civil penalties of $100,000 per day for missed notifications, and two or more failures at the same facility in 12 months would force contract termination and a 3-year debarment. Money from fines would go into a Family Notification Fund to pay awards and could not be kept by DHS.

Access to remains, belongings, and visits

If enacted, ICE would offer to return an individual's belongings and remains and give at least 7 days for a decision on disposition. ICE would help repatriate remains with a consulate when requested and would document unclaimed or rejected claims. The bill would require ICE to respect medical proxies, advance directives, and DNR orders, and to help emergency contacts communicate with treating medical staff. ICE would provide a written response to visitation requests within 48 hours and allow in-person visits when practicable.

Audits, reports, and records retention

If enacted, the DHS Inspector General would audit implementation no later than 1 year after enactment and then at least every two years. The Civil Rights and Civil Liberties office would run a complaints process and report annually to Congress. The Secretary would provide semiannual reports starting within 1 year on deaths, notification timeliness, releases for medical emergencies, and complaints. Records created under the bill would be kept for at least 10 years and not destroyed while related litigation or investigations are pending. No new funds are authorized; DHS would use existing resources.

Notification rules for detained people

If enacted, the bill would define who counts as "in custody" and what a "covered death" is, including deaths within 30 days after ICE release when ICE knows or should know. ICE would be required to collect emergency contact details at intake, offer language help, and let people update contacts anytime and at least every 90 days. For deaths, ICE would try to notify contacts and counsel within 12 hours and only between 6:00 a.m. and midnight local time. For serious illness or injury, ICE would notify within 12 hours for hospital admission, emergency surgery, ICU admission, or incapacity, and within 24 hours for other serious events. The Secretary could delay notification in writing for specific safety or investigative reasons, but any delay must be reviewed every 24 hours and generally end within 72 hours. ICE would also have to document all notification attempts and follow up at least every 24 hours until successful.

Sponsors & CoSponsors

Sponsor

Torres, Ritchie [D-NY-15]

NY • D

Cosponsors

  • Rep. Latimer, George [D-NY-16]

    NY • D

    Sponsored 8/13/2026

  • Rescom. Hernández, Pablo Jose [D-PR-At Large]

    PR • D

    Sponsored 9/2/2026

Roll Call Votes

No roll call votes available for this bill.

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