Governors’ Right to Inspect Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9271 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9271

 To authorize sitting Governors to conduct health and safety oversight
 inspections of immigration detention facilities located within their
     states, and to establish a reporting mechanism to Congress on
                       conditions found therein.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 2026

  Mr. Espaillat (for himself and Mrs. Watson Coleman) introduced the
 following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committee on Homeland Security, for a period to
      be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
                          committee concerned

_______________________________________________________________________

                                 A BILL

 To authorize sitting Governors to conduct health and safety oversight
 inspections of immigration detention facilities located within their
     states, and to establish a reporting mechanism to Congress on
                       conditions found therein.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Governors' Right to Inspect Act of
2026''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds as follows:
            (1) The United States detains over 70,000 individuals in
        immigration detention facilities at any given time--the highest
        number in at least two decades--in facilities operated both
        directly by U.S. Immigration and Customs Enforcement (ICE) and
        by private contractors under Federal contract.
            (2) Nearly 50 individuals have died in ICE custody since
        the start of 2025, the highest death toll in at least twenty
        years, raising 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 detention center in Newark, New
        Jersey--a privately operated, 1,000-bed facility run by GEO
        Group under Federal contract--have documented overcrowding,
        spoiled food, lack of medical access, and inadequate
        sanitation, resulting in a hunger and labor strike by
        approximately 300 detainees in 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
        her state's 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 sited, 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 are uniquely well-positioned to conduct
        independent, on-the-ground health and safety oversight and to
        communicate findings directly to Congress, supplementing--and
        where necessary, compensating for gaps in--existing Federal
        inspection programs.
    (b) Purpose.--The purpose of this Act is solely to authorize health
and safety oversight--not to grant Governors any authority to interfere
with Federal immigration enforcement operations, detainee custody
determinations, or removal proceedings.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) 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 in writing by a Governor solely for purposes
                of conducting inspections under this Act.
            (2) 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 owned or operated directly by ICE;
                    (B) facilities owned or operated by a private
                entity pursuant to a contract with the Secretary; and
                    (C) any detention facility of a State or unit of
                local government pursuant to an intergovernmental
                service agreement with the Secretary.
            (3) 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, water access, sleeping conditions,
        temperature, ventilation, and emergency safety systems.
            (4) The term ``ICE'' means U.S. Immigration and Customs
        Enforcement.
            (5) The term ``Secretary'' means the Secretary of Homeland
        Security.

SEC. 4. RIGHT OF ACCESS FOR HEALTH AND SAFETY OVERSIGHT.

    (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 where
        detainees are housed, fed, provided medical care, or otherwise
        held;
            (2) speak privately with detainees, on a voluntary basis,
        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.

SEC. 5. NOTICE REQUIREMENTS.

    (a) Governor Access.--The Governor of a State may conduct a health
and safety inspection without prior notice.
    (b) Designated State Officials.--An authorized oversight official
shall provide advance notice to the Secretary not less than 24 hours
before conducting a health and safety inspection. Notice shall be
provided in writing to both the facility operator and to the ICE Field
Office Director with jurisdiction over the facility.

SEC. 6. FACILITY OBLIGATIONS AND SECURITY PROTOCOLS.

    (a) Duty To Cooperate.--The operator of a covered facility shall
cooperate with a health and safety inspection.
    (b) Reasonable Security Protocols.--Not later than 90 days after
enactment of this Act, the Secretary shall by rule establish reasonable
security protocols governing health and safety inspections, which may
include--
            (1) prohibition on weapons within the facility;
            (2) escort of authorized oversight officials by facility
        staff;
            (3) restrictions on photography in areas posing genuine
        security risks, provided such restrictions are narrowly
        tailored and do not prevent documentation of health and safety
        conditions; and
            (4) prohibition on disclosure of information that could
        compromise the identity or safety of undercover personnel.
Security protocols shall not be designed or applied in a manner that
effectively prevents or significantly impairs the conduct of a health
and safety inspection.

SEC. 7. REPORTING TO CONGRESS.

    (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) Committee on Appropriations of the Senate;
            (4) Committee on the Judiciary of the House of
        Representatives;
            (5) Committee on Homeland Security of the House of
        Representatives;
            (6) Committee on Appropriations of the House of
        Representatives; or
            (7) any Member of Congress representing the district or
        State in which the facility is located.
    (b) Contents of Report.--A 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.--Upon receipt of any report submitted under this
section, the relevant congressional committees may transmit the report
to the Secretary of Homeland Security. The Secretary shall have 60 days
to provide a written response addressing any deficiencies identified in
the report and any corrective actions taken or planned.
    (d) Public Availability.--Reports submitted under this section, and
any response of the Secretary thereto, 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.

SEC. 8. ENFORCEMENT AND REMEDIES.

    (a) Civil Action.--An authorized oversight official who is denied
access to a covered facility in violation of this Act may bring a civil
action in the U.S. district court for the district in which the
facility is located for--
            (1) declaratory relief affirming the right of access;
            (2) injunctive relief ordering access to the facility; or
            (3) such other relief as the court deems appropriate.
    (b) No Private Right of Action for Detainees.--Nothing in this Act
creates a private right of action for any detained individual.

SEC. 9. RELATIONSHIP TO EXISTING LAW.

    (a) Supplemental Authority.--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.
    (b) Federal Supremacy.--Nothing in this Act may be construed to
permit a Governor or their designee to enforce State law within a
covered facility in a manner that conflicts with Federal law or that
interferes with Federal immigration enforcement operations.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary such sums
as may be necessary to implement the requirements of this Act,
including the establishment of security protocols under section 6 and
the maintenance of a public reporting portal under section 7(d).

SEC. 11. EFFECTIVE DATE.

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