OPEN Act
- Bill Number
- H.R. 9070
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-05-29: 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.
- Last Updated
- 2026-06-17T19:57:40Z
AI-Generated Summary
Summary of H.R. 9070 (OPEN Act)
Purpose
This legislation aims to enhance transparency in immigration enforcement, protect civil rights of detained individuals, and increase accountability for enforcement personnel by establishing new standards for access, reporting, use of force, and facility operations.
Key Provisions
- Transparency and Access: Requires the Secretary of Homeland Security to grant Members of Congress unrestricted, unannounced access to all immigration detention facilities, including the ability to speak privately with detainees and staff. Mandates public reporting of incidents involving excessive force, unauthorized conduct, mistaken detentions, and misconduct. Establishes confidential grievance processes at facilities and annual reporting on compliance with sexual abuse prevention programs.
- Civil Rights Protections: Prohibits excessive force during enforcement operations. Requires notification of family members within 5 hours of detention, access to phone calls, legal counsel, and faith leaders within specified timeframes, and timely medical and mental health services. Sets standards for transfers, including notices, justifications, bed availability attestations, and transport protections such as seatbelts, ventilation, and bathroom breaks.
- Facility Conversions: Prohibits repurposing warehouses or correctional facilities as detention centers without compliance with federal standards, independent pre-operational audits, ongoing inspections by state attorneys general and monitors, and consultations with state and local officials.
- Warrant Requirements: Mandates judicial warrants issued by Article III judges for arrests or detentions, with limited exceptions for administrative warrants in cases of flight risk or public danger. Violations result in exclusion of obtained evidence from removal proceedings.
Significant Changes to Existing Law
- Introduces new congressional access rights and reporting mandates not previously required under the Immigration and Nationality Act.
- Establishes explicit prohibitions on excessive force and detailed detainee rights timelines, expanding beyond current National Detention Standards.
- Imposes stricter warrant rules for immigration enforcement, overriding prior administrative practices.
- Adds requirements for independent inspections and financial penalties in contracts for detention facilities.
Potential Impacts
- Government Agencies: Increases oversight and administrative burdens on the Department of Homeland Security, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection, including new reporting, access protocols, and disciplinary measures.
- Citizens and Detainees: Enhances protections for individuals in detention, including U.S. citizens mistakenly detained, through improved medical access, family notifications, and grievance mechanisms.
- International Relations: No direct provisions address international relations, though enhanced civil rights standards may indirectly affect perceptions of U.S. immigration practices.
Main Stakeholders Affected
- Members of Congress and congressional committees.
- Department of Homeland Security personnel, contractors, and facility operators.
- Detained individuals and their families or legal representatives.
- State and local government officials, including governors and attorneys general.
- Immigration enforcement officers and agents.
Notable Legal, Constitutional, or Political Implications
- Raises potential Fourth Amendment considerations by requiring judicial warrants for certain enforcement actions.
- Strengthens congressional oversight of executive branch operations in immigration matters.
- Establishes independent reporting structures for the Office for Civil Rights and Civil Liberties within the Department of Homeland Security.
- Includes rule of construction clauses preserving federal supremacy while mandating compliance with state health and safety standards where not conflicting.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (3)
Rep. Pettersen, Brittany [D-CO-7], Rep. Crow, Jason [D-CO-6], Rep. DeGette, Diana [D-CO-1]
Recent Actions
- 2026-05-29: 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.
- 2026-05-29: 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.
- 2026-05-29: Introduced in House
- 2026-05-29: Introduced in House
Bill Versions
- Oversight, Protection, and Enforcement Notification Act — issued 2026-05-29 — PDF (25 pages)