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S4786119th Congress

Governors’ Right to Inspect Act of 2026

Sponsored By: Senator Booker, Cory A. [D-NJ]

Introduced

Summary

Would give Governors and designated state public health or safety officials the right to inspect immigration detention facilities for health, safety, and humane treatment. The bill focuses inspections on sanitation, medical care access, food, sleeping conditions, temperature, ventilation, and emergency systems while prohibiting interference with immigration enforcement or custody decisions.

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  • Governors and their designated officials would be able to enter any U.S. facility holding Department of Homeland Security detainees to observe and document health and safety conditions. They could access all areas, review facility maintenance and aggregated medical records, and take notes and photos under reasonable security protocols.
  • Detainees and families would gain a clearer channel for oversight because inspectors may interview detainees privately if the detainee consents or requests it, and inspections may be unannounced to ensure on-the-ground checks.
  • Facility operators and DHS would be required to cooperate and to follow security rules. The Secretary would have 90 days to issue reasonable security protocols and must respond to governors’ inspection reports within 60 days; those reports and responses would be posted publicly with necessary redactions.

The bill also authorizes appropriations as needed to implement the inspection rules and a public reporting portal, and it would take effect 180 days after enactment.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 4 benefits, 0 costs, 1 mixed.

Funding to run inspection program

If enacted, the bill would authorize Congress to appropriate "such sums as may be necessary" to the Secretary to implement the Act. The authorization explicitly mentions funding for establishing the required security protocols and for maintaining a public reporting portal. No specific dollar amounts or year limits are included. The authorization would take effect 180 days after enactment.

Governor inspection access to detention

If enacted, the bill would let a State Governor or a Governor-designated state public health or safety official inspect any facility that holds people in the custody of the Secretary of Homeland Security. These inspections would be for health and safety only and could happen without prior notice. Inspectors would be allowed to enter all areas, privately interview willing detainees, review food and aggregate medical and maintenance records consistent with privacy law, and take notes and photos subject to security rules. This access would take effect 180 days after enactment.

Inspection reports and federal replies

If enacted, the bill would let a Governor submit a written report after any health and safety inspection to specified Congressional committees, local Members of Congress, and the Secretary. Reports could identify the facility, list inspection dates and observations, note deficiencies, and recommend corrective actions. The Secretary would have to respond to the Governor and report recipients within 60 days to verify or correct findings and provide a corrective-action plan. Reports and the Secretary's responses would be posted publicly on the Secretary's website, with redactions only for security or privacy.

Security rules for inspections

If enacted, the bill would require the Secretary of Homeland Security to write security protocols for these health and safety inspections not later than 90 days after enactment. The protocols would address things like banning weapons, setting staff escort rules, narrowly limiting photography in genuinely risky areas, and protecting undercover personnel information. The rule would also say the protocols cannot be used to effectively prevent or significantly impair inspections.

Limits on governor inspection powers

If enacted, the bill would make clear that state inspectors may only conduct civilian health and safety oversight. It would prohibit inspectors from directing or interfering with ICE enforcement actions, custody decisions, removal proceedings, transfers, or ordering the release of any detained person. It would also bar inspectors from directing Federal employees or contractors and from accessing classified or sensitive law-enforcement information unrelated to health and safety. These limits would take effect 180 days after enactment.

Sponsors & CoSponsors

Sponsor

Booker, Cory A. [D-NJ]

NJ • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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