Dignity for Detained Immigrants Act
Sponsored By: Senator Booker, Cory A. [D-NJ]
Introduced
Summary
Phasing out for-profit private immigrant detention while imposing stronger, public detention standards, faster custody reviews, and new community-based alternatives. The bill would require humane, transparent facility rules and inspections plus limits on how long people can be held.
Show full summary
- Families and children: Children under 18 may not be detained in ICE-operated or contracted facilities and must be transferred to the Department of Health and Human Services. Primary caregivers and people deemed vulnerable face a presumption of release and may be detained only if community supervision is shown to be unreasonable.
- Detainees' rights and hearings: The bill would require an initial custody and probable-cause hearing within 48 hours with a presumption of release. Bond must reflect ability to pay and the maximum initial removal detention period would be reduced to 60 days with regular redeterminations.
- Facilities, contractors, and oversight: DHS would adopt facility-specific standards aligned with American Bar Association guidance and conduct unannounced inspections with public reports. Noncompliant private facilities face fines of at least 10% of contract value and private for-profit detention contracts must be phased out within 3 years.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Better detention rules and ownership
This bill would require DHS to publish detention standards within one year that at minimum match the American Bar Association standards and to review them at least every two years. Facilities used for detention would have to provide an indoor, climate‑controlled visitor waiting and screening area. The bill would ban solitary confinement for anyone in DHS custody upon enactment. It would also bar ICE from detaining anyone under 18 in ICE‑operated or contracted facilities. The bill would stop new or extended contracts with for‑profit detention operators immediately, require existing for‑profit contracts to end within three years, and require facilities to be owned and operated by DHS or nonprofits after that period. The Secretary would have to publish an implementation plan within 60 days.
Faster hearings, release, and legal help
This bill would speed up custody decisions and give detained people stronger release protections. DHS would have to issue a written custody decision within 48 hours and provide a hearing before an immigration judge within 72 hours; hearings would start with a presumption of release and DHS would have to rebut that presumption by clear and convincing evidence. Judges setting bond would have to consider ability to pay and could not continue detention solely because someone cannot afford bond. The bill would require least‑restrictive supervision when needed, monthly reviews, de novo custody hearings (starting 30 days after enactment and every 60 days), and a probable‑cause hearing within 48 hours of arrest with DHS bearing the burden. The bill would create a community case management alternative outside ICE that provides case management, health, housing, transport, and legal services with no ankle monitors or participant fees and priority contracting for nonprofits, and would require access to confidential meetings with counsel and prompt legal orientation in every facility. The bill would also create a federal right to sue for standards violations and require DHS to transport detainees to other required court proceedings.
Stronger inspections and public reporting
This bill would require the Department of Homeland Security Inspector General to inspect every detention facility in person at least once a year. The IG would send inspection reports to the Secretary within 60 days and post them publicly. If inspections find failures that threaten detainee health, safety, or rights, the Secretary would have to fine or warn facilities and force fixes on short timelines; repeat failures could require transfers or contract termination within 30 to 60 days. The bill would require prompt death notifications to Congress within 24 hours, root‑cause investigations within 30 days, public reports within 60 days, and an IG review within 90 days. The bill would also require DHS to keep detailed per‑detainee records, update the online detainee locator within 12 hours of custody moves, publish a monthly facilities matrix on the first day of each month, and notify Congress and the public at least 180 days before building or expanding a facility.
Sponsors & CoSponsors
Sponsor
Booker, Cory A. [D-NJ]
NJ • D
Cosponsors
Sen. Warren, Elizabeth [D-MA]
MA • D
Sponsored 1/27/2026
Sen. Welch, Peter [D-VT]
VT • D
Sponsored 1/27/2026
Sen. Markey, Edward J. [D-MA]
MA • D
Sponsored 1/27/2026
Sen. Sanders, Bernard [I-VT]
VT • I
Sponsored 1/27/2026
Sen. Murray, Patty [D-WA]
WA • D
Sponsored 1/27/2026
Sen. Padilla, Alex [D-CA]
CA • D
Sponsored 1/27/2026
Sen. Kim, Andy [D-NJ]
NJ • D
Sponsored 1/27/2026
Sen. Wyden, Ron [D-OR]
OR • D
Sponsored 1/27/2026
Sen. Duckworth, Tammy [D-IL]
IL • D
Sponsored 1/27/2026
Sen. Schiff, Adam B. [D-CA]
CA • D
Sponsored 1/27/2026
Sen. Merkley, Jeff [D-OR]
OR • D
Sponsored 2/3/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov