Humane Accountability Act

Bill Number

H.R. 3473

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2025-05-16: Referred to the Subcommittee on Border Security and Enforcement.

Last Updated

2026-05-16T08:07:03Z

AI-Generated Summary

Purpose of the Legislation

The Humane Accountability Act (H.R. 3473) aims to increase transparency and oversight of immigration detention and removal processes by requiring detailed reports from federal agencies on encounters, detentions, removals, and conditions in custody. It focuses on protecting detainees' rights, documenting incidents of harm, and regulating the use of unusual detention sites to promote humane treatment.

Key Provisions

• Initial Report on Encounters and Removals (Section 2(a)):
• Within 30 days of enactment, the Secretary of Homeland Security must submit to Congress a report covering events since January 21, 2025.
• Includes: Number of encounters by U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) leading to detention of noncitizens, with names, nationalities, and legal basis for each detention.
• Encounters at sensitive locations (e.g., schools, places of worship, hospitals, child care centers, courthouses where children may be present).
• Total removals (deportations), including names, nationalities, alien identification numbers, legal basis, and destination countries.
• Specific details on any noncitizens removed to the Terrorism Confinement Center (CECOT) in El Salvador or Guantanamo Bay, even without a final removal order.

• Joint Report on Detention Conditions (Section 2(b)):
• Within 60 days of enactment, the Secretaries of Homeland Security and Health and Human Services must jointly report to Congress and the Government Accountability Office (GAO, an independent agency that audits federal operations) on detainees held by CBP, ICE, or the Office of Refugee Resettlement (ORR, part of Health and Human Services, which cares for unaccompanied migrant children).
• Covers: Incidents of assault or abuse requiring medical care; sexual assault reports and investigation outcomes; calls to local law enforcement or emergency services; detainee transfers for overnight hospital care; deaths in custody; frequency of complaints about abuse, neglect, retaliation, resource shortages, or deaths (and agency responses); complaints about lack of access to legal counsel (and responses).
• Within 90 days after receiving this report, the GAO must provide Congress with recommendations, including:
• Impacts of closing oversight offices like the USCIS Ombudsman (handles immigration complaints), DHS's Office for Civil Rights and Civil Liberties (investigates rights violations), and DHS's Immigration Detention Ombudsman (addresses detention issues).
• Ensuring access for visitors, legal counsel, and compliance with laws.
• Increasing inspections by agency watchdogs (Inspectors General) for due process (fair legal procedures) and civil rights protections.
• Improving tracking of detainees' locations, including public updates via the ICE Online Detainee Locator System and final removal destinations.

• Notification for Non-Traditional Detention Sites (Section 2(c)):
• At least 60 days before using a non-traditional site for detaining noncitizens (including minors or families), the Secretaries of Homeland Security or Health and Human Services must notify Congress, in coordination with the Attorney General, Secretary of Defense, and other relevant agencies.
• Notification must include: Site type and location; justification; number of beds; plans for reporting, access, and due process; detention care standards (including medical access); timeline, costs, and funding; any agreements for site use.
• Non-traditional sites include: Department of Defense properties; lands on Indian reservations (tribal lands); locations outside the continental U.S. (e.g., territories or abroad).

Significant Changes to Existing Law

This bill introduces new mandatory reporting and notification requirements not previously detailed in immigration statutes like the Immigration and Nationality Act. It expands oversight by involving the GAO for recommendations and requires public-facing improvements in detainee tracking, while addressing potential gaps from recent office closures. It also imposes advance congressional notice for using military, tribal, or overseas sites for detention, which could limit executive flexibility in emergencies.

Potential Impacts

• On Government Agencies: Increases administrative workload for DHS (CBP and ICE handle border enforcement and interior immigration) and HHS (ORR manages child migrants), requiring data collection and coordination. GAO and Inspectors General will conduct more reviews, potentially leading to policy reforms or resource reallocations for better facility standards.
• On Citizens and Detainees: Enhances transparency for noncitizen detainees (migrants in custody), families, and advocates by documenting abuses and improving access to counsel and location information. U.S. citizens involved in oversight (e.g., congressional staff) gain better tools to monitor enforcement.
• On International Relations: Detailed reporting on removals to specific sites like CECOT (a Salvadoran prison for suspected gang members) or Guantanamo Bay (a U.S. naval base often used for military detention) could strain diplomatic ties with countries like El Salvador if removals without due process are highlighted, or affect U.S. credibility on human rights abroad.

Main Stakeholders Affected

• Federal Agencies: DHS (CBP, ICE), HHS (ORR), Department of Defense, and Justice Department (Attorney General's office) for coordination and compliance.
• Detainees and Families: Noncitizen migrants, including unaccompanied minors, who are held or removed; their families submitting complaints.
• Oversight Bodies: Congress (receiving reports), GAO (providing recommendations), and agency Inspectors General (conducting reviews).
• Other Groups: Tribal governments (for sites on Indian lands), legal aid organizations (gaining better access), and local communities near sensitive locations or non-traditional sites.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: Reinforces compliance with existing laws on due process (constitutional right to fair treatment) and civil rights, potentially reducing lawsuits over detention conditions by mandating investigations into abuses. It clarifies authority for removals, which could prevent arbitrary actions.
• Constitutional Implications: Emphasizes protections under the Fifth Amendment (due process for noncitizens) and Eighth Amendment (prohibiting cruel and unusual punishment), especially regarding access to counsel and medical care, without creating new rights.
• Political Implications: Promotes bipartisan accountability in immigration policy, particularly post-January 2025 enforcement actions, by requiring transparency that could influence future budgets, facility operations, and executive decisions on border security. It may spark debates on balancing enforcement with humanitarian concerns.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Vasquez, Gabe [D-NM-2]

Cosponsors (11)

Rep. Budzinski, Nikki [D-IL-13], Rep. Vargas, Juan [D-CA-52], Rep. Ramirez, Delia C. [D-IL-3], Rep. Garcia, Robert [D-CA-42], Rep. Schrier, Kim [D-WA-8], Rep. Sykes, Emilia Strong [D-OH-13], Rep. McDonald Rivet, Kristen [D-MI-8], Rep. Moskowitz, Jared [D-FL-23], Rep. Horsford, Steven [D-NV-4], Rep. Min, Dave [D-CA-47], Rep. Salinas, Andrea [D-OR-6]

Recent Actions

• 2025-05-16: Referred to the Subcommittee on Border Security and Enforcement.
• 2025-05-15: 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.
• 2025-05-15: 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.
• 2025-05-15: Introduced in House
• 2025-05-15: Introduced in House

Bill Versions

• Humane Accountability Act — issued 2025-05-15 — PDF (8 pages)