OPEN Act
Sponsored By: Senator Bennet, Michael F. [D-CO]
Introduced
Summary
The OPEN Act would strengthen civil‑rights and oversight safeguards for immigration enforcement. It would expand congressional access to detention sites, set strict detainee care and transfer rules, limit conversions of buildings into immigrant detention centers, and require judicial warrants for many enforcement actions.
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- Families and legal representatives: Would require facilities to notify a detained person's immediate family within five hours and provide at least one phone call within five hours. Legal counsel and faith leaders must be given reasonable access within twelve hours.
- People in detention: Would establish confidential multilingual grievance procedures with protections against retaliation and require removal from custody duties when investigations substantiate excessive force. Medical and mental health care must meet national detention standards and transfers need written justification plus 24‑hour notice to counsel and next of kin.
- Oversight, conversions, and accountability: Would allow Members of Congress and staff same‑day inspections and private interviews at any Department of Homeland Security (DHS) facility without prior notice and require a written report within 72 hours for any denial or delay. Converting warehouses or prisons into detention centers would be barred unless they pass independent inspections, meet reporting timelines including a pre‑operation inspection at least 30 days prior, and include enforceable financial accountability measures.
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 5 benefits, 0 costs, 0 mixed.
Faster family, medical, and transfer protections
If enacted, DHS would have to notify a detained person's immediate family within 5 hours and provide at least one phone call within 5 hours. The detained person would get reasonable access to a lawyer and a faith leader within 12 hours, in person or by phone, and help signing legal papers. Before any transfer, the sending facility would need to give a written reason and a medical transfer summary, and must tell counsel or family the new facility and contact within 24 hours. DHS would have to provide timely medical and mental health care under national detention standards, allow VA health access where VA care applies, and let family or reps drop off valid prescriptions and medical devices after review.
Ban excessive force and report abuse
If enacted, immigration officers would be prohibited from using excessive force under detailed statutory definitions. Staff or contractors found to have used excessive force would be removed from duties that involve custody, transport, or supervision at that facility. Detention centers would have confidential, multilingual grievance processes that protect against retaliation. DHS would also publish facility-level annual reports on sexual abuse allegations, investigations, compliance findings, and corrective actions.
Congress members can inspect detention centers
If enacted, Members of Congress and their staff would be allowed to enter any DHS immigration detention facility without advance notice and inspect all areas. Members could have same-day private conversations with detained people and staff and bring subject-matter experts. Any delay or denial of access must be reported in writing within 72 hours, and repeated wrongful denials would trigger disciplinary steps and a 48-hour notification to committees.
Limits on arrests and forced home entries
If enacted, ICE and CBP would generally need a judicially enforceable warrant from a magistrate or an Article III judge to arrest or detain someone. Administrative DHS warrants could not authorize entry into private homes or force non-consensual entry, except where the person is a flight risk or dangerous. Evidence gathered in violation of these restrictions would be barred from use in removal proceedings, and affected noncitizens could move to enforce the prohibition or seek termination of proceedings.
Tighter rules and penalties for new detention centers
If enacted, DHS would have to give Governors, state attorneys general, and local officials advance written notice and consult before opening, expanding, or materially changing a detention center. An independent inspection would have to be completed and published at least 30 days before any operating contract, and inspection results must be reported to Congress and the Governor within 14 days. DHS could not convert warehouses, state facilities, or prisons into detention centers unless all transparency, inspection, and consultation steps are satisfied. Contracts to run centers would be required to include enforceable clawbacks and liquidated damages if operators persistently fail to meet federal detention and safety standards.
Sponsors & CoSponsors
Sponsor
Bennet, Michael F. [D-CO]
CO • D
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov