[Congressional Record Volume 172, Number 94 (Wednesday, June 3, 2026)]
[Senate]
[Pages S2542-S2544]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5531. Mr. BENNET submitted an amendment intended to be proposed by
him to the bill S. 2, to provide for reconciliation pursuant to title
II of S. Con. Res. 33; which was ordered to lie on the table; as
follows:
At the end of the bill, add the following:
TITLE III--IMMIGRATION ENFORCEMENT TRANSPARENCY
SEC. 301. SHORT TITLES.
This title may be cited as the ``Oversight, Protection, and
Enforcement Notification Act'' and ``OPEN Act''.
SEC. 302. DEFINITIONS.
In this title:
(1) Chokehold or carotid hold.--The term ``chokehold or
carotid hold'' means the application of any pressure to the
throat or windpipe, the use of maneuvers that restrict blood
or oxygen flow to the brain, or carotid artery restraints
that prevent or hinder breathing or reduce intake of air of
an individual.
(2) Conduct exceeding authorized authority.--The term
``conduct exceeding authorized authority'' means any action
taken without legal authorization, outside the scope of
assigned duties, or in violation of Federal law, regulation,
or Department of Homeland Security policy, including--
(A) conducting a stop, search, entry, arrest, or detention
without legal authority, a valid warrant, or required
supervisory approval;
(B) misrepresenting identity, authority, or purpose to gain
compliance or entry;
(C) conducting enforcement activity outside an assigned
geographic area, mission scope, or operational plan;
(D) using unapproved tactics, equipment, or vehicles,
including failure to comply with identification or uniform
requirements;
(E) acting in violation of constitutional protections,
civil rights laws, or court orders; and
(F) any action involving sexual violence.
(3) Excessive force.--The term ``excessive force'' means
the use of physical force or weapons beyond what is
objectively reasonable and necessary, including--
(A) discharging or brandishing a firearm at any individual
or vehicle;
(B) using a chemical agent, a conducted energy device, a
baton, or an impact weapon;
(C) any action involving a physical takedown, a chokehold,
or the placement of an individual on the ground;
(D) using restraints or force resulting in bodily injury,
hospitalization, or death; and
(E) using deadly force to incapacitate a subject.
(4) Member of congress.--The term ``Member of Congress''
includes any Senator, Representative, Delegate, or Resident
Commissioner of the United States Congress.
SEC. 303. IMPROVING IMMIGRATION ENFORCEMENT TRANSPARENCY.
(a) Access to Immigration Detention Facilities.--
(1) In general.--The Secretary of Homeland Security shall
ensure that all Members of Congress are given unrestricted
access, without advance notice, to all immigration detention
facilities used or operated by the Department of Homeland
Security, including facilities operated by U.S. Immigration
and Customs Enforcement or U.S. Customs and Border
Protection, regional processing centers, field offices,
State-run facilities, and privately operated or contracted
facilities, regardless of the source of funding for such
facilities.
(2) Scope of access.--Access to immigration detention
facilities required under paragraph (1) shall include--
(A) access to all of the areas in such facilities;
(B) the ability to speak privately with detained
individuals and facility personnel on the same day as the
visit and without prior authorization;
(C) the ability to observe conditions of confinement and
compliance with applicable Federal law, regulations, and
standards; and
(D) the ability of a Member of Congress, a State or local
elected official, or a representative of a local health and
safety agency to be accompanied by congressional staff and,
at the discretion of the Member, official, or representative,
subject matter experts, including medical professionals,
legal experts, interpreters, and other individuals who such
Member, official, or representative considers necessary to
assist in evaluating facility conditions and compliance with
applicable laws and standards.
(3) Access for legal counsel, faith leaders, and family
members.--The Secretary of Homeland Security shall ensure
that detained individuals have timely and reasonable access
to legal counsel, faith leaders, and family members,
including the ability to communicate privately and in person
whenever practicable, subject only to narrowly tailored
limitations that are necessary to protect the safety and
security of the facility in which such individuals are
detained.
(4) Prohibition on delay or denial.--
(A) In general.--The operator of an immigration detention
facility may not delay, condition, restrict, or deny access
to such facility to a Member of Congress on the basis of
staffing limitations, operational considerations, contractual
arrangements, or facility designation.
(B) Notice.--Not later than 72 hours after discovering that
a Member of Congress' access to an immigration detention
facility was delayed or denied for any reason, the Director
of U.S. Immigration and Customs Enforcement or the
Commissioner of U.S. Customs and Border Protection shall
submit a detailed report identifying the reasons for such
delay and denial and describing the steps that will be taken
to prevent future delays or denials to--
(i) the Committee on Appropriations of the Senate;
(ii) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(iii) the Committee on the Judiciary of the Senate;
(iv) the Committee on Appropriations of the House of
Representatives;
(v) the Committee on Homeland Security of the House of
Representatives;
(vi) the Committee on the Judiciary of the House of
Representatives; and
(vii) the Office of Inspector General of the Department of
Homeland Security.
(5) Consequences for repeated noncompliance.--
(A) In general.--If access to an immigration detention
facility is delayed or denied to 2 or more Members of
Congress in violation of this subsection during any fiscal
year, the Secretary of Homeland Security shall ensure that
any officer, employee, or contractor of the Department of
Homeland Security who knowingly delays, restricts, or denies
access to such a facility in violation of this subsection is
subject to appropriate administrative or contractual
disciplinary action.
(B) Notification.--The Secretary shall notify the
committees listed in paragraph (4)(B) not later than 48 hours
after determining a violation described in subparagraph (A)
has occurred.
(6) Rule of construction.--Nothing in this subsection may
be construed to limit the authority of Congress to impose
additional requirements or restrictions through
appropriations Acts or other legislation.
(b) Public Reporting Requirements.--The Secretary of
Homeland Security shall track and publicly report, on an
aggregated basis without including personally identifiable
information of those involved, all allegations and incidents
in which immigration enforcement officers or agents, during
an immigration enforcement operation or while an individual
is detained by the Department of Homeland Security--
(1) used excessive force to carry out their objective;
(2) engaged in conduct exceeding authorized authority;
(3) detained a United States citizen; or
(4) mistakenly detained or arrested an individual who
should not have been detained or arrested;
(5) perpetrated sexual assault, abuse, or harassment; or
(6) engaged in other misconduct.
(c) Detention Accountability and Grievance Procedures.--
(1) Grievance process.--The Secretary of Homeland Security
shall ensure that each immigration detention facility used or
operated by the Department of Homeland Security or its
contractors maintains a confidential and accessible grievance
process through which detained individuals may report
grievances regarding--
(A) the use of excessive force;
(B) violations of Federal law, detention standards, or
Department policy;
(C) threats, intimidation, retaliation, or abuse by
facility personnel; or
(D) sexual assault, abuse, or harassment.
(2) Accessibility requirements.--The grievance process
required under paragraph (1) shall--
(A) be available in all languages commonly spoken by
detained individuals;
(B) permit grievances to be filed orally or in writing;
(C) allow detained individuals to submit grievances without
interference or retaliation; and
(D) provide timely review and resolution of such
grievances.
(3) Accountability for excessive force or misconduct.--If
an investigation conducted by the Department of Homeland
Security, the Office of Inspector General of the Department,
the Office of Professional Responsibility of the Department,
U.S. Immigration and Customs Enforcement, a local field
office, or any other authorized investigative entity
determines that an officer, employee, or contractor used
excessive force against a detained individual, the head of
the
[[Page S2543]]
agency with jurisdiction over the facility shall ensure that
such individual--
(A) is immediately removed from duties involving the
supervision, custody, or transport of detained individuals at
the facility at which the incident occurred; and
(B) is not permitted to return to perform such duties.
(4) Sexual abuse and assault prevention and intervention
program.--Not less frequently than annually, the Secretary of
Homeland Security shall publish facility-specific information
for each immigration detention facility regarding each
facility's compliance with U.S. Immigration and Customs
Enforcement's Sexual Abuse and Assault Prevention and
Intervention Program, including--
(A) the number of allegations of sexual abuse or harassment
reported at such facility;
(B) the status and outcome of investigations into such
allegations;
(C) whether the facility was found compliant with
applicable standards under the Sexual Abuse and Assault
Prevention and Intervention Program; and
(D) any corrective actions required and the status of such
actions.
SEC. 304. PRESERVING CIVIL RIGHTS.
(a) Use of Force.--In carrying out immigration enforcement
operations, immigration enforcement officers and agents may
not use excessive force.
(b) Detainee Rights.--The Secretary of Homeland Security
shall ensure, after an immigration enforcement officer or
agent detains any individual--
(1) a member of such individual's immediate family, as
determined by the detained individual, is notified of such
detention by the Department of Homeland Security not later
than 5 hours after the commencement of such detention;
(2) such individual is guaranteed access to at least 1
phone call within 5 hours after the commencement of the
detention;
(3) such individual is guaranteed reasonable access to
legal counsel and a faith leader not later than 12 hours
after the commencement of the detention and periodically
thereafter, either in person or through telephonic
communication; and
(4) such individual is guaranteed reasonable accommodations
to facilitate the signing of any necessary legal
documentation.
(c) Medical and Mental Health Services.--The Secretary of
Homeland Security shall ensure that--
(1) after an immigration enforcement officer or agent
detains any individual, such individual is provided timely
medical and mental health services, including access to
emergency care and chronic condition management, in
accordance with the standards established under the National
Detention Standards and the Performance-Based National
Detention Standards;
(2) any individual in detention with care provided by the
Department of Veterans Affairs should have access to health
care services provided by the Department of Veterans Affairs;
(3) if an individual described in paragraph (1) is
transferred to a hospital or emergency room--
(A) the individual's legal counsel or designated
representative is immediately notified; and
(B) family members or a designated emergency contact are
notified of the location of such hospital or emergency room
as soon as practicable; and
(4) procedures are implemented to allow family members or
legal representatives of such individuals to drop off valid
prescription medications and necessary medical devices for
use in detention facilities, including CPAP machines,
mobility aids, and glucose monitors, for the individual's use
after such items are cleared through standard security and
medical review.
(d) Transportation and Transfers.--
(1) Notice of transfer.--Not later than 24 hours after any
detained individual is transferred to another detention
facility, the head of the facility housing the individual
shall notify the individual's legal counsel, designated
representative, and next of kin, as applicable, of--
(A) the specific name and address of the facility to which
the individual has been transferred; and
(B) the direct contact information for such facility,
including a primary phone number and a point of contact for
inquiries from the family and legal representative of such
individual.
(2) Justification for transfer.--
(A) In general.--Before any transfer described in paragraph
(1), the Director of the facility or the field office shall
provide a written justification to the detained individual
and such individual's legal counsel detailing the specific
administrative or safety reason for such transfer, such as
medical necessity, facility capacity, or specialized housing
requirements.
(B) Medical transfer summaries.--The Director of the
facility from which a detained individual is being
transferred shall provide a medical transfer summary with
respect to such individual to the receiving facility.
(C) Observations.--Officers involved in the transfer of
detained individuals between detention facilities shall share
with the receiving facility any observations suggesting the
detained individual--
(i) has engaged in self-injurious behavior; or
(ii) has expressed a desire to harm himself or herself
during such transfer.
(D) Specialty care.--A detained individual in need of
specialty care may not be transferred to a detention facility
that lacks the resources to provide such care unless such
resources may be easily procured from a nearby hospital,
clinic, or doctors' office.
(3) Bed availability and facility standards.--A transfer
described in paragraph (1) may not occur unless the Director
of both the originating and receiving detention facilities
attest that--
(A) a dedicated bed and appropriate housing space are
available at the destination facility to which the individual
is being transferred; and
(B) such destination facility meets all applicable Federal
detention standards, including having the medical and mental
health resources to maintain the individual's continuity of
care.
(4) Additional detention standards.--All transfers of
detained individuals shall comply with all applicable
standards established by the Secretary of Transportation,
including--
(A) minimum protections during transport, including--
(i) the use of seatbelts or secure seating for all
individuals during vehicle movement;
(ii) prohibition on transport in overcrowded conditions or
standing-room configurations; and
(iii) access to adequate ventilation, temperature control,
food, drinking water, and necessary medications; and
(iv) for individuals who are restrained or shackled--
(I) the application or adjustment of such restraints shall
allow the individual the physical range of motion necessary
to safely drink water and consume food without assistance; or
(II) if the security level of the restraint prevents the
individual from self-feeding or self-drinking, the provision
of direct, safe assistance to ensure the individual is able
to eat and drink fully and comfortably;
(B) regular bathroom breaks, including--
(i) access to restroom facilities not less frequently than
once every 2 hours during transport;
(ii) reasonable accommodations for children, elderly
individuals, pregnant women, and individuals with medical
conditions; and
(iii) mandatory reasonable accommodations for individuals
with physical, sensory, intellectual, or mental health
disabilities, including the provision of vehicles and
communication assistance in full compliance with the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.); and
(C) safety protocols, including--
(i) medical screening before transport to identify health
risks, disabilities, or special needs;
(ii) continuous monitoring of individuals during transport
by trained personnel;
(iii) prohibiting the use of restraint methods that impede
breathing, circulation, or safe seating during transport;
(iv) maintaining written transport logs documenting the
duration, conditions, stops, and personnel involved;
(v) operating audio or video recording equipment, where
available, for the duration of transport; and
(vi) protecting mobility and medical devices by ensuring
such items are transported with the individual and are not
separated or damaged during the transfer process;
(5) Documentation and reporting.--Not later than 24 hours
after each incident involving a violation by a transporting
officer or agent of any standard described in paragraph (4),
such incident shall be--
(A) documented by the supervisor of such officer or agent,
which documentation shall include--
(i) the nature of the violation;
(ii) the duration of the transport during which such
violation occurred;
(iii) the individuals affected by such violation;
(iv) any corrective actions taken to prevent future
violations; and
(v) any disciplinary or remedial measures imposed on the
violator; and
(B) reported to--
(i) the Office for Civil Rights and Civil Liberties of the
Department of Homeland Security;
(ii) the Office of Inspector General of the Department of
Homeland Security; and
(iii) the appropriate congressional committees.
(e) Office for Civil Rights and Civil Liberties.--The
Secretary of Homeland Security shall--
(1) reconstitute the Office for Civil Rights and Civil
Liberties of the Department of Homeland Security; and
(2) ensure such Office has an independent reporting
structure, including direct reporting authority to the
Secretary of Homeland Security, for purposes of
investigating, reviewing, and reporting on civil rights and
civil liberties violations related to immigration enforcement
or detention.
SEC. 305. LIMITATIONS ON CONVERSIONS OF EXISTING BUILDINGS
INTO IMMIGRANT DETENTION CENTERS.
(a) In General.--U.S. Immigration and Customs Enforcement
or U.S. Customs and Border Protection may not acquire and
repurpose any warehouse, State-run facility, or correctional
facility as a detention center for individuals who are
awaiting removal proceedings or are in Federal custody absent
full compliance with the requirements set forth in subsection
(b).
[[Page S2544]]
(b) Requirements for Conversion of Existing Facilities.--
(1) Compliance and financial accountability.--
(A) In general.--The new immigrant detention center shall
be operated in full compliance with all applicable Federal
detention and safety standards.
(B) Contractual penalties.--The Secretary of Homeland
Security shall ensure all contracts for the operation of
immigration detention centers include enforceable financial
clawbacks and liquidated damages provisions to be triggered
by a persistent or systemic failure to adhere to all
applicable Federal detention and safety standards.
(2) Guaranteed access.--All individuals housed at any
immigration detention center shall be guaranteed regular
access to legal counsel, faith leaders, and family members,
either in person or through telephonic communication, in
accordance with paragraphs (2) and (3) of section 303(a).
(3) Independent inspections and timeline.--
(A) In general.--Each immigration detention center shall be
subject to a rigorous inspection schedule.
(B) Pre-operational audit.--An independent inspection of
each new immigration detention facility shall be completed
and published not later than 30 days before any contract is
executed for the operation of such facility.
(C) Recurring access.--State Attorneys General, the Office
for Civil Rights and Civil Liberties of the Department of
Homeland Security, and a court-appointed independent monitor
shall have unrestricted, unannounced access to each
immigration detention facility at any time.
(D) Reporting.--Not later than 14 days after conducting an
inspection of an immigration detention facility, the
Secretary of Homeland Security shall submit a report
containing the results of such inspection to--
(i) the appropriate congressional committees; and
(ii) the Governor of the State in which such facility is
located.
(4) Commencement of operations.--A new immigration
detention center may not commence operations without full
transparency and oversight in accordance with this
subsection.
(5) Notice; briefings.--The Secretary of Homeland Security
shall provide advance written notice and ongoing coordination
to the Governor, State attorney general, and appropriate
local government officials in the jurisdiction in which any
new immigration detention center is located, including--
(A) notice of the intent to establish, expand, or
materially modify operations at the facility; and
(B) regular briefings regarding population levels, medical
capacity, emergency protocols, and public safety impacts.
(6) Intergovernmental consultation.--
(A) In general.--The Secretary of Homeland Security shall
establish procedures for consulting with appropriate State
and local government officials regarding any new immigration
detention center's impact on local infrastructure.
(B) Certification requirement.--The Secretary shall certify
that each new immigration detention center adheres to all
applicable State health and safety standards unless such
standards directly conflict with the execution of Federal
immigration law.
(c) Rule of Construction.--Nothing in this section may be
construed to waive the supremacy of Federal law.
SEC. 306. WARRANT REQUIREMENTS.
(a) Judicial Warrants.--Notwithstanding any other provision
of law, including the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) and any regulation or policy issued by
the Department of Homeland Security, an officer or agent of
U.S. Immigration and Customs Enforcement or U.S. Customs and
Border Protection may not arrest or detain an individual
without a judicially enforceable warrant issued by a
magistrate judge or a judge appointed under article III of
the Constitution of the United States who has been duly
confirmed by the Senate.
(b) Administrative Warrants.--
(1) In general.--Except as provided in paragraph (2), an
administrative warrant, including a warrant of arrest or
removal issued by an officer or employee of the Department of
Homeland Security, may not--
(A) authorize entry into a private residence or dwelling;
or
(B) be used to justify forced entry, coercive entry, or
entry without consent.
(2) Exceptions.--The restrictions set forth in paragraph
(1) shall not apply with respect to an individual who is
determined to be a flight risk or a danger to the public.
(c) Remedies for Violations.--If an immigration enforcement
action is conducted in violation of this section--
(1) any information obtained as a result of such action
shall be prohibited from being entered into the record or
received into evidence in a removal proceeding for purposes
of establishing alienage or chargeability; and
(2) the noncitizen who is the subject of such removal
proceedings may file a motion to enforce the prohibition
described in paragraph (1), including through a motion to
terminate such proceedings.
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