OPEN Act
- Bill Number
- S. 4589
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-05-20: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- Last Updated
- 2026-06-17T15:04:29Z
AI-Generated Summary
Summary of S. 4589 (OPEN Act)
Purpose
This bill seeks to enhance transparency in immigration enforcement, protect civil rights of detained individuals, and increase accountability for personnel involved in enforcement and detention operations.
Key Provisions
- Transparency Measures: Requires the Department of Homeland Security (DHS) 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 on incidents involving excessive force, unauthorized conduct, mistaken detentions, and misconduct. Establishes grievance processes at facilities for reporting force, abuse, and violations.
- Civil Rights Protections: Prohibits excessive force during enforcement. Guarantees detainees notification to family within 5 hours, access to a phone call within 5 hours, legal counsel and faith leaders within 12 hours, and medical/mental health services. Sets standards for transfers, including advance notice, justifications, medical summaries, and transport requirements like seatbelts, bathroom breaks, and restrictions on restraints.
- Facility Conversion Limits: Prohibits repurposing warehouses, state facilities, or correctional buildings as detention centers without compliance with federal standards, independent inspections, state and local consultations, and contractual penalties for violations.
- Warrant Requirements: Mandates judicial warrants from Article III judges for arrests or detentions. Limits administrative warrants from authorizing entry into private residences except in cases of flight risk or public danger. Violations may result in exclusion of evidence in removal proceedings.
- Accountability and Oversight: Requires immediate removal of officers involved in excessive force. Reconstitutes the DHS Office for Civil Rights and Civil Liberties with independent reporting to the Secretary. Includes annual reporting on sexual abuse prevention compliance and consequences for denying congressional access.
Significant Changes to Existing Law
- Introduces mandatory judicial warrants for most immigration arrests, shifting from reliance on administrative warrants.
- Expands congressional oversight by codifying unrestricted facility access without prior notice.
- Establishes new detainee rights and transport standards not previously required under the Immigration and Nationality Act.
- Creates enforceable penalties and inspection requirements for facility conversions.
Potential Impacts
- Government Agencies: Increases administrative burdens on DHS, ICE, and CBP through enhanced reporting, inspections, and compliance requirements, potentially affecting operational flexibility.
- Citizens and Detainees: Improves access to legal and medical support for individuals in custody, with protections against certain enforcement tactics.
- International Relations: No direct provisions address international aspects.
Main Stakeholders Affected
- Members of Congress and congressional committees.
- DHS, ICE, CBP, and their contractors.
- Detained individuals, their families, legal counsel, and faith leaders.
- State and local government officials, including governors and attorneys general.
- Health and safety agencies.
Notable Legal, Constitutional, or Political Implications
- Emphasizes constitutional protections by requiring Article III judicial warrants and addressing civil rights violations.
- Introduces evidence exclusion remedies for warrant violations in removal proceedings.
- May raise federalism considerations through state consultation requirements, while affirming federal law supremacy.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Bennet, Michael F. [D-CO]
Recent Actions
- 2026-05-20: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- 2026-05-20: Introduced in Senate
Bill Versions
- Oversight, Protection, and Enforcement Notification Act — issued 2026-05-20 — PDF (25 pages)