DHS Community Consultation Act of 2026

Before constructing or acquiring any facility for immigration detention, the Secretary of Homeland Security must engage in extensive community consultation. This includes consulting with local government and elected officials , various stakeholders such as community and business leaders, and community members , along with local public health authorities and emergency services. The Secretary must also determine potential impacts on healthcare, emergency services, community health, local infrastructure (including water, wastewater, and electric grids), and roads. Following these assessments, a public meeting must be held, and a 60-day public comment period established, with responses to all comments received. A key provision grants local governments the authority to prevent construction; if a municipality issues an official declaration prohibiting a detention facility, DHS is barred from building it there. The bill also establishes clear prohibitions on the types of structures and locations that can be used for detention. Specifically, it bans retrofitting or renovating existing structures not originally intended to house people, such as warehouses or commercial spaces, for detention purposes. Furthermore, it explicitly forbids the construction or operation of any immigration detention facility on a United States military installation . Finally, the legislation addresses health concerns within detention facilities. It requires the Secretary of Homeland Security to coordinate with local public health authorities to establish comprehensive protocols for contagious disease outbreaks. These protocols must cover treatment, care, containment, prevention of further contagion, and timely notification of the local community.