Dignity for Detained Immigrants Act
- Bill Number
- H.R. 6397
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2025-12-04: Referred to the Subcommittee on Oversight, Investigations, and Accountability.
- Last Updated
- 2026-04-16T08:07:13Z
AI-Generated Summary
Dignity for Detained Immigrants Act (H.R. 6397)
Purpose This legislation establishes uniform standards for facilities detaining noncitizens in Department of Homeland Security (DHS) custody. It aims to improve conditions, increase oversight and transparency, reduce reliance on detention, and prioritize alternatives. A sense of Congress states that even short-term detention causes severe harm to children and should be avoided.
Key Provisions
- Detention Standards and Updates: Requires DHS to issue regulations within one year setting minimum standards based on the American Bar Association’s Civil Immigration Detention Standards. Standards must be reviewed and updated at least every two years.
- Oversight and Inspections: Mandates annual unannounced inspections by the DHS Inspector General. Noncompliant facilities face fines (at least 10% of contract value for private facilities), contract termination, or suspension after repeated failures.
- Transparency and Reporting: Requires public monthly facility data (capacity, population, compliance status, detention lengths); updates to the online detainee locator within 12 hours; detailed record-keeping on each detainee (age, nationality, vulnerabilities, transfers, proceedings); and public reports on deaths in custody, including root-cause analyses.
- Private Facility Phase-Out: Prohibits new or extended contracts with for-profit entities for detention or alternatives-to-detention programs. All facilities must be government-owned and operated within three years. Nonprofit organizations are prioritized for community-based programs.
- Custody and Release Procedures: Amends the Immigration and Nationality Act to require probable cause hearings within 48 hours of arrest, initial custody determinations within 48 hours, and hearings before an immigration judge within 72 hours. Creates a presumption of release, requires the least restrictive conditions, and mandates monthly reviews. Special protections apply to vulnerable persons and primary caregivers.
- Mandatory Detention Repealed: Eliminates several mandatory detention provisions and shortens the removal period from 90 to 60 days.
- Additional Protections: Bans solitary confinement; requires access to legal orientation programs and confidential counsel; mandates transport to other court proceedings; restricts new facility construction without congressional notice; and grants Members of Congress and designated staff access for oversight without prior notice in most cases.
- Civil Remedies: Allows injured detainees to sue for injunctive relief and damages for violations of the standards.
Significant Changes to Existing Law
- Revises sections 236, 287, 235, 238, and 241 of the Immigration and Nationality Act to shift from broad detention authority to individualized hearings with a presumption of release and least-restrictive alternatives.
- Repeals section 236A (mandatory detention) and related provisions.
- Introduces new statutory requirements for inspections, public reporting, and facility ownership that do not currently exist in law.
- Creates a civil cause of action for detainees harmed by substandard conditions.
Potential Impacts
- Government Agencies: DHS and ICE would face new regulatory, inspection, and reporting obligations; possible transfer or closure of facilities; and development of community-based case management programs outside ICE purview.
- Detainees and Families: Increased likelihood of release on bond or alternatives; improved access to counsel, medical care, and legal information; reduced use of prolonged or solitary confinement.
- Private Sector: For-profit detention contractors would lose existing and future business within three years.
- Courts and Communities: Greater use of immigration court hearings and community supervision programs; possible effects on state and local resources for housing or services.
- International Relations: No direct provisions, but changes in detention practices could influence perceptions of U.S. immigration enforcement abroad.
Main Stakeholders Affected
- DHS and its components (particularly ICE).
- Noncitizens in detention and their legal representatives or family members.
- Private detention facility operators and contractors.
- Nonprofit organizations providing legal orientation, case management, or community services.
- Immigration judges and the Executive Office for Immigration Review.
- Members of Congress and congressional committees with oversight jurisdiction.
Notable Legal, Constitutional, or Political Implications
- Strengthens due process protections through mandatory hearings, access to counsel, and limits on detention, potentially affecting interpretations of Fifth Amendment rights in immigration proceedings.
- Creates new public records obligations that override certain FOIA exemptions for contracts and inspection reports.
- Represents a policy shift toward community-based alternatives and away from private detention, which may have broader implications for federal contracting and enforcement priorities.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Jayapal, Pramila [D-WA-7]
Cosponsors (133)
Rep. Smith, Adam [D-WA-9], Rep. Adams, Alma S. [D-NC-12], Rep. Amo, Gabe [D-RI-1], Rep. Ansari, Yassamin [D-AZ-3], Rep. Balint, Becca [D-VT-At Large], Rep. Barragán, Nanette Diaz [D-CA-44], Rep. Beyer, Donald S. [D-VA-8], Rep. Bonamici, Suzanne [D-OR-1], Rep. Boyle, Brendan F. [D-PA-2], Rep. Brown, Shontel M. [D-OH-11], Rep. Brownley, Julia [D-CA-26], Rep. Carson, André [D-IN-7], Rep. Carter, Troy A. [D-LA-2], Rep. Casar, Greg [D-TX-35], Rep. Casten, Sean [D-IL-6], Rep. Castro, Joaquin [D-TX-20], Rep. Cherfilus-McCormick, Sheila [D-FL-20], Rep. Chu, Judy [D-CA-28], Rep. Clarke, Yvette D. [D-NY-9], Rep. Cleaver, Emanuel [D-MO-5], Rep. Cohen, Steve [D-TN-9], Rep. Correa, J. Luis [D-CA-46], Rep. Crockett, Jasmine [D-TX-30], Rep. Crow, Jason [D-CO-6], Rep. Davis, Danny K. [D-IL-7], Rep. Dean, Madeleine [D-PA-4], Rep. DeGette, Diana [D-CO-1], Rep. DeSaulnier, Mark [D-CA-10], Rep. Dexter, Maxine [D-OR-3], Rep. Dingell, Debbie [D-MI-6], Rep. Doggett, Lloyd [D-TX-37], Rep. Escobar, Veronica [D-TX-16], Rep. Espaillat, Adriano [D-NY-13], Rep. Evans, Dwight [D-PA-3], Rep. Fletcher, Lizzie [D-TX-7], Rep. Foushee, Valerie P. [D-NC-4], Rep. Friedman, Laura [D-CA-30], Rep. Frost, Maxwell [D-FL-10], Rep. Garamendi, John [D-CA-8], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Garcia, Robert [D-CA-42], Rep. Garcia, Sylvia R. [D-TX-29], Rep. Goldman, Daniel S. [D-NY-10], Rep. Gomez, Jimmy [D-CA-34], Rep. Green, Al [D-TX-9], Rep. Grijalva, Adelita S. [D-AZ-7], Rep. Hayes, Jahana [D-CT-5], Rep. Horsford, Steven [D-NV-4], Rep. Hoyle, Val T. [D-OR-4], Rep. Huffman, Jared [D-CA-2] and 83 more
Recent Actions
- 2025-12-04: Referred to the Subcommittee on Oversight, Investigations, and Accountability.
- 2025-12-04: Referred to the Subcommittee on Border Security and Enforcement.
- 2025-12-03: 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.
- 2025-12-03: 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.
- 2025-12-03: Introduced in House
- 2025-12-03: Introduced in House
Bill Versions
- Dignity for Detained Immigrants Act — issued 2025-12-03 — PDF (41 pages)