OPEN Act
Sponsored By: Representative Neguse, Joe [D-CO-2]
Introduced
Summary
Unrestricted congressional access to detention facilities and stronger detainee safeguards. This bill would expand oversight, limit certain immigration enforcement tactics, and set strict standards for transfers, transport, and facility conversions.
Show full summary
- Families and detainees would get faster contact and care. The bill would require at least one phone call and family notification within 5 hours, access to legal counsel and faith leaders within 12 hours, multilingual confidential grievance procedures, and timelier medical and mental health care.
- Members of Congress and watchdogs would gain broad, no-notice access and reporting tools. DHS must allow unrestricted visits to any DHS-run or contracted immigration facility, and any delay or denial must be reported within 72 hours with repeat violations prompting discipline and 48-hour notification requirements.
- Facility operations, transfers, transport, and evidence rules would tighten. Converting warehouses or prisons into detention centers would be barred unless facilities meet strict standards, publish a pre-operational audit 30 days before contracts, allow independent inspections, follow detailed transport safety rules, and require judicial warrants for arrests with evidence gathered in warrant violations barred from removal proceedings.
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 7 benefits, 0 costs, 0 mixed.
Judicial warrants required for arrests
This bill would bar ICE and CBP from arresting or detaining someone unless they have a judicially enforceable warrant from a magistrate or Article III judge. It would stop most administrative warrants from authorizing entry into private homes, except for people found to be a flight risk or a danger. If an enforcement action broke these rules, evidence from that action could not be used to prove immigration status, and the noncitizen could ask the court to enforce the rule or end the case.
Detainee grievance and rights oversight
This bill would require every DHS detention facility to keep a confidential, multilingual grievance process that accepts oral or written complaints and protects against retaliation. It would require facility-level annual reports on sexual abuse allegations, investigations, outcomes, and corrective actions. The bill would also require aggregated public reporting of officer misconduct and would reconstitute DHS's civil rights office to report independently to the Secretary.
Faster family, counsel, and medical access
This bill would require a detained person to get at least one phone call and a family notification within 5 hours. It would require access to a lawyer and a faith leader within 12 hours and help to sign legal papers. The bill would also require timely medical and mental health care consistent with detention standards, allow VA care when applicable, and let family or counsel drop off prescription medicines and medical devices after security and medical review.
Safer transfers and transport rules
This bill would require written justification and a 24-hour notice to counsel and family before any transfer. Medical transfer summaries and self-harm observations must accompany transferred individuals. Facilities could not move specialty-care patients to places without required care, and directors must attest to an available bed and standards compliance. The bill would require safe transport (seatbelts, no overcrowding), food and meds, restroom breaks at least every 2 hours, ADA accommodations, medical screening, continuous monitoring, and prompt reporting of violations within 24 hours.
Ban excessive force and define terms
This bill would define terms like chokeholds, excessive force, and acting beyond authority, and it would prohibit excessive force by immigration officers. If an investigation finds excessive force or serious misconduct, the officer must be removed from custody, supervision, or transport duties and prevented from returning to those duties at that facility while the matter is resolved.
Congressional no-notice facility access
This bill would let any Member of Congress enter any DHS immigration detention facility without advance notice. Members could visit all areas, speak privately with detainees and staff the same day, and bring experts. Facilities could not delay or deny access, and delays or denials must be reported to committees and the DHS inspector general within 72 hours. Repeated denials to Members in a fiscal year would trigger disciplinary notices within 48 hours.
Tighter rules for detention center conversions
This bill would stop ICE and CBP from turning warehouses, state facilities, or jails into immigration detention centers unless strict preconditions are met. DHS would need a pre-operational audit published at least 30 days before a contract, enforceable contract clawbacks and liquidated damages, certification of federal and state health standards, and unrestricted access for state attorneys general, the civil rights office, and an independent monitor. Inspection results must go to congressional committees and the Governor within 14 days.
Sponsors & CoSponsors
Sponsor
Neguse, Joe [D-CO-2]
CO • D
Cosponsors
Rep. Pettersen, Brittany [D-CO-7]
CO • D
Sponsored 5/29/2026
Rep. Crow, Jason [D-CO-6]
CO • D
Sponsored 5/29/2026
Rep. DeGette, Diana [D-CO-1]
CO • D
Sponsored 6/2/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov