Humanitarian Standards for Individuals in ICE and CBP Custody Act

Bill Number

H.R. 7335

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Immigration

Status

Introduced

Latest Action

2026-02-04: Referred to the Subcommittee on Oversight, Investigations, and Accountability.

Last Updated

2026-06-19T08:06:20Z

AI-Generated Summary

Purpose of the Legislation

This bill, titled the "Humanitarian Standards for Individuals in ICE and CBP Custody Act," aims to establish mandatory humanitarian standards for the care of individuals detained by U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP). It focuses on ensuring initial health screenings, access to basic needs like water, food, and shelter, and protections against abuse, particularly for vulnerable groups such as children, pregnant individuals, and the elderly.

Key Provisions

The bill outlines comprehensive requirements across multiple areas to improve conditions in detention facilities:

• Initial Health Screening Protocol (Sec. 2): Requires an in-person health screening by a licensed medical professional within 12 hours of arrival (or 6 hours for high-priority individuals like children, pregnant people, or those showing acute illness). Screenings include vital signs checks, physical exams, medication reviews, and risk assessments. Follow-up care, mental health support for trauma victims, interpreters, chaperones (especially for children), and proper documentation are mandated. Facilities must have private spaces, medical equipment, and on-site or on-call professionals.

• Water, Sanitation, and Hygiene (Sec. 3): Ensures at least 1 gallon of drinking water per person daily, adequate toilets (ratio-based for males/females), diaper-changing facilities, daily showers, and hygiene products (e.g., soap, toothpaste, feminine items) for all ages and disabilities.

• Food and Nutrition (Sec. 4): Provides three meals daily with at least 2,000 calories for adults (age-appropriate for children under 12), accommodations for dietary needs, and compliance with food safety standards.

• Shelter (Sec. 5): Mandates separate housing for males/females, children with family (unless unsafe), unaccompanied minors in child-appropriate facilities, and disabled individuals in accessible areas. Facilities must respect occupancy limits, provide temperature-appropriate clothing/bedding, comfortable temperatures (68-74°F), outdoor access after 48 hours, religious practice rights, safe lighting/noise for sleep, isolation for communicable diseases, protections for LGBTQ+ individuals, video monitoring (preserved for 90 days), and posted "Detainee Bill of Rights" in multiple languages.

• Coordination and Surge Capacity (Sec. 6): Requires DHS to partner with other federal agencies (e.g., Health and Human Services) and professionals for handling increased detainee numbers.

• Training (Sec. 7): Mandates training for ICE/CBP staff on humanitarian protocols, illness indicators, child exploitation detection, and reporting to the National Center for Missing and Exploited Children.

• Interfacility Transfer of Care (Sec. 8): Ensures smooth handover of medical care when detainees move between facilities, with reviews of discharge instructions.

• Planning and Implementation (Sec. 9): DHS must submit a plan to Congress within 60 days of enactment and fully implement the bill within 6 months.

• Contractor Compliance (Sec. 10): Holds contractors accountable to all standards.

• Inspections (Sec. 11): DHS Inspector General conducts unannounced inspections of facilities, focusing on compliance, health needs, and sexual abuse prevention standards (per existing federal regulations). Congress members get access to facilities.

• GAO Report (Sec. 12): Government Accountability Office (GAO) studies implementation and compliance within 1 year, including oversight of abusive conduct by personnel.

• Publication of Data on Sexual Abuse (Sec. 14): DHS releases quarterly aggregate data on abuse complaints (without personal details) within 90 days.

• Definitions (Sec. 15): Clarifies terms like "child" (under INA), "interpretation services," and types of ICE/CBP facilities.

Significant Changes to Existing Law

• Introduces standardized, time-bound health screening protocols, which were not previously required at this level of detail or urgency.
• Establishes enforceable minimums for water, sanitation, food, and shelter that exceed current voluntary guidelines, including specific ratios, calorie counts, and accommodations for vulnerabilities.
• Adds new oversight mechanisms, such as mandatory GAO studies, public data on abuse, and expanded Inspector General inspections, building on but strengthening existing sexual abuse prevention rules (e.g., 6 CFR Part 115).
• Explicitly limits interpretations to avoid extending detention beyond 72 hours or conflicting with immigration laws, while reinforcing zero-tolerance for sexual abuse and background checks for personnel.

Potential Impacts

• On Government Agencies: ICE and CBP (under DHS) face increased operational demands, including hiring/training medical staff, upgrading facilities/equipment, and coordinating with other agencies, potentially raising costs but improving compliance and reducing liability for poor conditions.
• On Citizens/Detainees: Enhances humane treatment, health access, and safety for immigrants, asylum seekers, and others in custody (including U.S. citizens detained in error), particularly vulnerable groups, reducing risks of illness, trauma, or abuse.
• On International Relations: Could bolster U.S. credibility on human rights by addressing criticisms of detention conditions, potentially easing diplomatic tensions with countries concerned about migrant treatment.

Main Stakeholders Affected

• Detainees: Primary beneficiaries, including children, families, pregnant individuals, elderly, disabled, and LGBTQ+ people in ICE/CBP custody.
• Government Agencies: DHS (including ICE and CBP), Health and Human Services, General Services Administration; oversight bodies like DHS Inspector General and GAO.
• Personnel and Contractors: ICE/CBP staff, medical professionals, interpreters, and contractors must adhere to new training and ethical standards.
• Advocacy and Oversight Groups: Nongovernmental experts in humanitarian health care, civil rights organizations, and Congress (via reports and access).
• Broader Public: Taxpayers funding implementation; immigrant communities benefiting from improved standards.

Notable Legal, Constitutional, or Political Implications

• Legal: Aligns with existing immigration laws (e.g., INA) and federal regulations on abuse prevention, without altering detention authority or penalties. Emphasizes ethical medical practices (per AMA and AAP guidelines) and documentation for accountability, potentially reducing lawsuits over inadequate care.
• Constitutional: Supports due process (5th/14th Amendments) by mandating humane conditions and protections against cruel treatment, especially for non-citizens, without creating new detention rights.
• Political: Introduced with broad bipartisan cosponsorship (over 50 members), signaling cross-aisle concern for detention reform. Requires quick implementation and reporting, enabling congressional oversight, but rules of construction preserve enforcement flexibility under immigration law.

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

Sponsor

Rep. Ruiz, Raul [D-CA-25]

Cosponsors (99)

Rep. Wilson, Frederica S. [D-FL-24], Rep. Moulton, Seth [D-MA-6], Rep. Elfreth, Sarah [D-MD-3], Rep. Matsui, Doris O. [D-CA-7], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Barragán, Nanette Diaz [D-CA-44], Rep. Simon, Lateefah [D-CA-12], Rep. Garcia, Sylvia R. [D-TX-29], Rep. Watson Coleman, Bonnie [D-NJ-12], Rep. Garamendi, John [D-CA-8], Rep. Ansari, Yassamin [D-AZ-3], Rep. Morrison, Kelly [D-MN-3], Rep. Craig, Angie [D-MN-2], Rep. Thanedar, Shri [D-MI-13], Rep. Tonko, Paul [D-NY-20], Rep. Espaillat, Adriano [D-NY-13], Rep. Wasserman Schultz, Debbie [D-FL-25], Rep. Schrier, Kim [D-WA-8], Rep. Tokuda, Jill N. [D-HI-2], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Grijalva, Adelita S. [D-AZ-7], Rep. Ross, Deborah K. [D-NC-2], Rep. Correa, J. Luis [D-CA-46], Rep. Jacobs, Sara [D-CA-51], Rep. Bell, Wesley [D-MO-1], Rep. Neguse, Joe [D-CO-2], Rep. Salinas, Andrea [D-OR-6], Rep. Min, Dave [D-CA-47], Rep. Liccardo, Sam T. [D-CA-16], Rep. Kamlager-Dove, Sydney [D-CA-37], Rep. Khanna, Ro [D-CA-17], Rep. Quigley, Mike [D-IL-5], Rep. Soto, Darren [D-FL-9], Rep. Scott, Robert C. "Bobby" [D-VA-3], Rep. Mullin, Kevin [D-CA-15], Rep. Davis, Danny K. [D-IL-7], Rep. Goodlander, Maggie [D-NH-2], Rep. Goldman, Daniel S. [D-NY-10], Rep. Kelly, Robin L. [D-IL-2], Rep. Kaptur, Marcy [D-OH-9], Rep. Hoyle, Val T. [D-OR-4], Rep. Garcia, Robert [D-CA-42], Rep. Cleaver, Emanuel [D-MO-5], Rep. Morelle, Joseph D. [D-NY-25], Rep. Walkinshaw, James R. [D-VA-11], Rep. Mfume, Kweisi [D-MD-7], Rep. McClain Delaney, April [D-MD-6], Rep. Bonamici, Suzanne [D-OR-1], Rep. Pettersen, Brittany [D-CO-7] and 49 more

Recent Actions

• 2026-02-04: Referred to the Subcommittee on Oversight, Investigations, and Accountability.
• 2026-02-04: Referred to the Subcommittee on Border Security and Enforcement.
• 2026-02-04: Sponsor introductory remarks on measure. (CR H2018)
• 2026-02-03: 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.
• 2026-02-03: 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.
• 2026-02-03: Introduced in House
• 2026-02-03: Introduced in House

Bill Versions

• Humanitarian Standards for Individuals in ICE and CBP Custody Act — issued 2026-02-03 — PDF (22 pages)