Governors’ Right to Inspect Act of 2026
- Bill Number
- H.R. 9271
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-06-11: 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
- 2026-06-30T21:45:18Z
AI-Generated Summary
Purpose This legislation, titled the Governors' Right to Inspect Act of 2026, authorizes state governors (or their designated public health and safety officials) to conduct independent health and safety oversight inspections of immigration detention facilities located within their states. The purpose is limited to health and safety monitoring and does not extend to interfering with federal immigration enforcement, custody decisions, or removal proceedings.
Key Provisions
- Definitions: An "authorized oversight official" includes the governor or a designated state official. A "covered facility" includes ICE-operated sites, privately contracted facilities, and state or local facilities under federal agreements. A "health and safety inspection" covers observations of sanitation, medical care, food, water, sleeping conditions, and emergency systems.
- Access Rights: Officials may enter all detainee housing, medical, and food areas; speak privately with detainees on a voluntary basis; review aggregate health and safety records (subject to privacy laws); and document conditions via notes and photography, following reasonable security rules.
- Notice and Protocols: Governors may conduct unannounced visits. Designated officials must give 24 hours' written notice. The Department of Homeland Security (DHS) must establish security protocols (such as no weapons or escorted access) within 90 days that do not block inspections.
- Reporting: Governors may submit optional written reports to designated congressional committees or relevant members of Congress detailing findings, deficiencies, and recommendations. DHS has 60 days to respond, and reports plus responses are made public (with security or privacy redactions).
- Enforcement: Officials denied access may file a civil action in federal district court for declaratory or injunctive relief. No private right of action is created for detainees.
- Effective Date: The Act takes effect 180 days after enactment.
Significant Changes to Existing Law The bill creates a new federal statutory right of access for state governors to federal immigration detention facilities, overriding any current policies that restrict entry. It supplements, but does not replace, existing state inspection authorities or intergovernmental agreements. It also establishes a direct reporting channel from governors to Congress that did not previously exist in statute.
Potential Impacts
- Government Agencies: Requires DHS and ICE to accommodate inspections and respond to reports, potentially increasing administrative workload and prompting facility improvements or corrective actions.
- Citizens and Detainees: May improve transparency regarding conditions in facilities holding over 70,000 people, though it does not alter detention policies or create detainee remedies.
- International Relations: No direct effects identified in the legislation.
Main Stakeholders Affected
- State governors and designated public health officials.
- DHS, ICE, and private contractors (such as GEO Group) operating facilities.
- Congressional committees on judiciary, homeland security, and appropriations.
- Individuals detained in covered facilities.
Notable Legal, Constitutional, or Political Implications The Act raises federalism considerations by granting state executives access to federal facilities while explicitly preserving federal supremacy in immigration matters. It includes civil enforcement mechanisms but limits remedies to access disputes. Security protocols must be narrowly tailored to avoid impairing inspections, and the bill emphasizes that oversight authority does not extend to law enforcement functions.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Espaillat, Adriano [D-NY-13]
Cosponsors (1)
Rep. Watson Coleman, Bonnie [D-NJ-12]
Recent Actions
- 2026-06-11: 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.
- 2026-06-11: 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.
- 2026-06-11: Introduced in House
- 2026-06-11: Introduced in House
Bill Versions
- Governors’ Right to Inspect Act of 2026 — issued 2026-06-11 — PDF (11 pages)