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119-hr-9271119th Congress

Governors’ Right to Inspect Act of 2026

Sponsored By: Representative Espaillat, Adriano [D-NY-13]

In Committee

Summary

State health and safety oversight of immigration detention facilities. This Act gives Governors and designated state health or safety officials the right to inspect detention facilities that hold people in federal immigration custody, document conditions, review records, speak privately with detainees, and share findings with Congress and the public.

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  • Governors and designated state officials can enter any covered facility used to detain people in the custody of the Department of Homeland Security. They may inspect without prior notice but must provide at least 24 hours' written notice to the Secretary, the facility operator, and the ICE field office director.
  • Authorized officials can access all areas where detainees are housed or treated. They may speak privately with detainees on a voluntary basis, review sanitation, medical, food, water, sleeping, temperature, ventilation, and emergency systems records, and document physical conditions with notes and photos under security protocols.
  • The Secretary of Homeland Security must issue reasonable security protocols within 90 days and must respond in writing to reported deficiencies within 60 days. Governors may submit optional reports to Congress and the Secretary will publish reports and responses online with redactions. If access is denied, officials may sue in federal court for declaratory or injunctive relief.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Governor reports and federal funding

If enacted, the bill would let Governors submit written health and safety inspection reports to certain congressional committees or any Member of Congress for the State or district. Reports may list facility name, operator, date and duration, observations, deficiencies, recommendations, and any operator responses. The Secretary would have 60 days to provide a written response and must post reports and responses publicly on the Department website with redactions for security and privacy. The bill also authorizes the Secretary to receive "such sums as may be necessary" to set security protocols and maintain the public reporting portal. These rules would take effect 180 days after enactment.

State inspections of detention facilities

If enacted, the bill would let Governors or state public health or safety officials inspect immigration detention facilities in their State for health and safety. Inspectors would have access to housing, medical, and food areas, could speak privately with detainees on a voluntary basis, and could review health and safety records and take notes and photos subject to security rules. A Governor-designated official must give at least 24 hours' written notice; the Secretary must issue reasonable security protocols by rule within 90 days and those rules may not be used to block inspections. Facility operators must cooperate, and the bill would bar use of DHS funds to stop authorized inspections. These rules would take effect 180 days after enactment.

Legal remedies for denied access

If enacted, an authorized oversight official who is denied access in violation of the Act could sue in the U.S. district court where the facility is located to get declaratory or injunctive relief. The official could ask a court to order access or other appropriate relief. At the same time, the bill would make clear that it creates no private right of action for detained individuals, so detainees could not sue under this Act. These rules would take effect 180 days after enactment.

Sponsors & CoSponsors

Sponsor

Espaillat, Adriano [D-NY-13]

NY • D

Cosponsors

  • Rep. Watson Coleman, Bonnie [D-NJ-12]

    NJ • D

    Sponsored 6/11/2026

Roll Call Votes

No roll call votes available for this bill.

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