Stop ICE Price Gouging Act
Sponsored By: Representative Thanedar, Shri [D-MI-13]
Introduced
Summary
This bill would cap commissary markups in immigration detention facilities to lower costs for detained people.
Show full summary
- People in detention would pay no more than a 5% markup on essential items and a 35% markup on nonessential items above vendor acquisition cost. The bill requires refunds when an individual is charged more than those markups and directs reasonable efforts to return refunds if a detainee is transferred or released.
- It bars extra transaction fees and any revenue sharing or kickbacks between commissary providers and agencies or contractors. For repeated or willful violations ICE could impose corrective action plans, withhold payments, terminate contracts, and make contractors ineligible for future contracts while the Department of Homeland Security Inspector General audits and refers credible allegations.
- Overcharges that cannot be returned must be deposited into a separate Detainee Welfare Fund to pay for electronics, recreation, education, and other detainee benefits. ICE would also report every 90 days to the House and Senate homeland security committees on acquisition costs, markup rates, violations, and facility compliance.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Lower price caps for commissary items
If enacted, commissary sale prices at immigration detention facilities would be capped by vendor cost. Essential items would be limited to a 5% markup above acquisition cost after discounts. Nonessential items would be limited to a 35% markup above acquisition cost. "Amount paid" would mean the acquisition cost less any discount, credit, allowance, refund, or other price reduction.
Refunds, enforcement, and detainee fund
If enacted, the ICE Director would have to ensure refunds when a detainee is overcharged above the allowed markup. If a detainee is transferred or released, ICE must try to secure the refund on their behalf. Unrefunded overcharges that cannot be returned would go to a DHS Detainee Welfare Fund for electronics, recreational, educational items, and other detainee benefits. The Director could require corrective plans and, for repeated willful contractor violations, withhold payments, end contracts, or bar contractors. The DHS Inspector General would audit, investigate, and refer credible allegations to ICE.
No extra commissary fees or kickbacks
If enacted, commissaries at immigration detention facilities could not charge additional fees like service fees or commissions. The bill would also bar agencies or contractors from taking kickbacks or sharing commissary revenue.
States keep stricter commissary rules
If enacted, the bill would not override State laws that set lower commissary markup limits. States with stricter (lower) caps would continue to apply their rules. The bill would also clarify that it does not allow charging for items that laws, detention standards, or contracts require be free.
Sponsors & CoSponsors
Sponsor
Thanedar, Shri [D-MI-13]
MI • D
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov