Governors’ Right to Inspect Act of 2026

(a) Short title.— This Act may be cited as the “Governors’ Right to Inspect Act of 2026”.

(b) Table of contents.— The table of contents for this Act is as follows:

(a) Findings.— Congress finds the following:

(1) In 2026, the United States detention rate peaked at the highest in decades, with more than 70,000 people in custody in facilities operated either directly by U.S. Immigration and Customs Enforcement or by private contractors under a Federal contract.

(2) Nearly 50 individuals died in ICE custody between January 2025 and May 2026, which is the highest death toll in at least 20 years. This raises urgent concerns about the adequacy of medical care and conditions of confinement across the Federal detention system.

(3) Credible reports from detainees, attorneys, and elected officials at Delaney Hall immigration detention center in Newark, New Jersey (a privately operated, 1,000-bed facility run by the GEO Group under Federal contract) have documented overcrowding, spoiled food, lack of medical access, and inadequate sanitation, conditions that led to a hunger and labor strike by approximately 300 detainees during May 2026.

(4) New Jersey Governor Mikie Sherrill, exercising her responsibility as the chief executive of the State of New Jersey to protect the health and welfare of individuals within State borders, sought to conduct an in-person oversight visit of Delaney Hall on May 25, 2026, and was denied entry. The Governor stated that the denial of access itself was evidence of serious concern about conditions inside the facility.

(5) Governors, as the chief executives of the states in which detention facilities are located, bear direct public health responsibilities for their residents and have a constitutional and civic interest in ensuring that facilities within their states meet basic health and safety standards.

(6) Governors and designated public health officials are uniquely well-positioned—

(A) to conduct independent, on-the-ground health and safety oversight; and

(B) to communicate findings directly to Congress, supplementing and, where necessary, compensating for gaps in, existing Federal inspection programs.

(b) Purpose.— The sole purpose of this Act is to authorize health and safety oversight by designated State officials. Governors and other State officials will not be authorized to interfere with Federal immigration enforcement operations, detainee custody determinations, or removal proceedings.

In this Act:

(1) Authorized oversight official.— The term authorized oversight official means—

(A) the Governor of any State in which a covered facility is located; or

(B) any State public health or safety official designated—

(i) by the Governor of such State solely for purposes of conducting inspections under this Act; or

(ii) under applicable State law.

(2) Covered facility.— The term covered facility means any facility located within the United States that is used for the detention of individuals in the custody of the Secretary, including—

(A) facilities directly owned and operated by ICE;

(B) facilities owned or operated by a private entity pursuant to a contract with the Department of Homeland Security; and

(C) any detention facility of a State or unit of local government pursuant to an intergovernmental service agreement with the Secretary.

(3) Health and safety inspection.— The term health and safety inspection means a visit to a covered facility for the purpose of observing and documenting physical conditions at the covered facility as such conditions relate to the health, safety, and humane treatment of detained individuals, including sanitation, medical care access, food quality, access to clean water, sleeping conditions, temperature, ventilation, and emergency safety systems.

(4) ICE.— The term ICE means U.S. Immigration and Customs Enforcement.

(5) Secretary.— The term Secretary means the Secretary of Homeland Security.

(a) General authorization.— Notwithstanding any other provision of law or policy, no funds appropriated or otherwise made available to the Secretary may be used to prevent an authorized oversight official from entering a covered facility for the purpose of conducting a health and safety inspection.

(b) Scope of access.— An authorized oversight official conducting a health and safety inspection shall have the right to—

(1) access all areas of the covered facility;

(2) interview detainees who agree to, or request to, speak with the official in a private room or area regarding health and safety conditions;

(3) review health and safety records of detainees, including food preparation logs, medical treatment records (in aggregate and consistent with applicable privacy laws), and facility maintenance records; and

(4) document physical conditions at the covered facility through written notes and photography, subject to reasonable security protocols established by the Secretary pursuant to section 6.

(c) No interference with enforcement operations.— Nothing in this Act may be construed to authorize any authorized oversight official to—

(1) direct, halt, delay, or otherwise interfere with any ICE enforcement action, custody determination, removal proceeding, or transfer of detainees;

(2) release or order the release of any detained individual;

(3) direct Federal employees or contractors in the performance of their duties;

(4) access classified law enforcement information or sensitive law enforcement information unrelated to health and safety conditions; or

(5) engage in access for any purpose other than civilian health and safety oversight.

An authorized oversight official may conduct a health and safety inspection of a covered facility without prior notice.

(a) Duty To cooperate.— The operator of a covered facility shall cooperate with each health and safety inspection.

(b) Reasonable security protocols.— Not later than 90 days after the date of the enactment of this Act, the Secretary shall promulgate a rule establishing reasonable security protocols governing health and safety inspections, which—

(1) may include—

(A) prohibiting weapons within the facility;

(B) facility staff escorting authorized oversight officials during each health and safety inspection;

(C) restricting photography in areas posing genuine security risks in a manner that is narrowly tailored and does not prevent documentation of health and safety conditions; and

(D) prohibiting disclosure of information that could compromise the identity or safety of undercover personnel; and

(2) may not be designed or applied in a manner that effectively prevents or significantly impairs the conduct of a health and safety inspection.

(a) Optional reports by Governors.— Following any health and safety inspection of a covered facility in a State, the Governor of that State may submit a written report to—

(1) the Committee on the Judiciary of the Senate;

(2) the Committee on Homeland Security and Governmental Affairs of the Senate;

(3) the Committee on Appropriations of the Senate;

(4) the Committee on the Judiciary of the House of Representatives;

(5) the Committee on Homeland Security of the House of Representatives;

(6) the Committee on Appropriations of the House of Representatives;

(7) any Member of Congress representing the district or State in which such facility is located; and

(8) the Secretary.

(b) Contents of report.— Any report submitted under this section may include—

(1) the name, location, and operator of the covered facility inspected;

(2) the date and duration of the health and safety inspection;

(3) observations regarding health and safety conditions, including any deficiencies observed;

(4) recommendations for corrective action; and

(5) any response or explanation provided by facility operators during or after the inspection.

(c) DHS response.— Not later than 60 days after receiving a report described in this section, the Secretary shall submit a response to the Governor who submitted the report and all the other recipients of such report that—

(1) verifies or corrects the findings of the report; and

(2) includes a plan for implementing the corrective actions recommended in the report.

(d) Public availability.— Reports submitted under this section, and any response of the Secretary to such reports, shall be made publicly available on the website of the Secretary, subject to redaction of any information that would compromise facility security or individual privacy.

The access granted to authorized oversight officials under this Act is supplemental to, and does not limit, any rights existing under—

(1) any State law providing health and safety inspection authority over private detention facilities; or

(2) any existing intergovernmental agreement between a State or locality and the Secretary.

There are authorized to be appropriated to the Secretary such sums as may be necessary to implement the requirements of this Act, including—

(1) the establishment of security protocols under section 6; and

(2) the maintenance of a public reporting portal under section 7(d).

This Act shall take effect on the date this is 180 days after the date of the enactment of this Act.