Legis Daily

Dignity for Detained Immigrants Act

USA119th CongressS-3702| Senate 
| Updated: 1/27/2026
Cory A. Booker

Cory A. Booker

Democratic Senator

New Jersey

Cosponsors (11)
Tammy Duckworth (Democratic)Adam B. Schiff (Democratic)Edward J. Markey (Democratic)Elizabeth Warren (Democratic)Alex Padilla (Democratic)Patty Murray (Democratic)Bernard Sanders (Independent)Andy Kim (Democratic)Peter Welch (Democratic)Jeff Merkley (Democratic)Ron Wyden (Democratic)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
The "Dignity for Detained Immigrants Act" aims to significantly reform the detention of aliens in Department of Homeland Security (DHS) custody. It begins with a sense of Congress that child detention inflicts severe, irreparable harm and should be avoided, setting a tone for more humane standards. The bill mandates that the Secretary of Homeland Security establish and biennially update detention standards for all facilities, using the American Bar Association's Civil Immigration Detention Standards as a minimum benchmark. This ensures a baseline for the treatment and conditions for detained individuals. To ensure compliance, the Inspector General of DHS is required to conduct annual, unannounced inspections of all facilities. Reports from these inspections must be publicly posted, and non-compliant facilities face significant penalties, including fines for private facilities and suspension for government-owned ones, with transfers of detainees to compliant facilities. The legislation also establishes rigorous protocols for deaths in custody, requiring notification to Congress within 24 hours and a comprehensive investigation, including a root cause analysis by medical professionals, within 30 days. These investigation reports must be made public, and the Inspector General must review them. Transparency is further enhanced through an annual report to Congress on facility oversight, public disclosure of inspection reports and contracts, and a monthly public "Facilities Matrix" detailing information such as facility names, populations (disaggregated by age and gender), and compliance status. The online detainee locator system must also be updated within 12 hours of any change in an alien's custody status. A critical provision allows individuals injured due to a violation of these standards to file civil actions in federal court, seeking injunctive relief, compensatory damages, and attorney fees. This creates a direct avenue for accountability and redress for detainees. The bill imposes significant restrictions on detention facility construction and maintenance, requiring congressional notification and public disclosure for new facilities or expansions. Most notably, it mandates the phase-out of private for-profit detention facilities and alternatives to detention programs within three years , requiring all such facilities and programs to be owned and operated by DHS or nonprofit organizations. Furthermore, the bill amends the Immigration and Nationality Act to reform detention procedures. It requires warrants for arrests (with exceptions) and prohibits detention solely based on an alien's inability to pay bond. It also ensures that detained aliens are transported to federal or state courts for other legal matters. A key reform is the establishment of a 48-hour initial custody determination by the Secretary, followed by a 72-hour hearing before an immigration judge if challenged. This hearing operates under a presumption of release , which DHS can only rebut with clear and convincing evidence that the alien is a flight risk or a danger to the community, and cannot rely solely on criminal history. If detention is deemed necessary, the immigration judge must order the least restrictive conditions , with monthly reviews. Special rules apply to vulnerable persons and primary caregivers , who may not be detained unless community-based supervision is unreasonable or impracticable, with specific definitions provided for these categories, including individuals under 21 or over 60, pregnant individuals, LGBTQ+ individuals, crime victims, and those with serious illnesses or trauma. The bill explicitly prohibits the detention of individuals under 18 years of age in ICE-operated or contracted facilities. It also mandates the establishment of a community-based case management program, operated outside of ICE, to provide alternatives to detention, offering comprehensive support services like case management, medical care, housing, and legal aid, explicitly prohibiting electronic surveillance. The legislation repeals mandatory detention provisions and modifies post-removal order detention, reducing the removal period to 60 days and requiring custody redetermination hearings. It also prohibits solitary confinement for individuals in DHS custody, defining it as confinement to a cell, alone or with a cellmate, for disciplinary, administrative, or classification reasons, excluding designated sleeping time. Finally, the bill ensures access to the Legal Orientation Program for all detained aliens, operated by nonprofit organizations, provided as soon as practicable after entering detention. It also guarantees confidential access to legal counsel and grants Members of Congress and their designated staff unannounced access to facilities for oversight purposes, prohibiting temporary modifications during visits.
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Timeline

Bill from Previous Congress

S 116-1243
Dignity for Detained Immigrants Act of 2019

Bill from Previous Congress

S 117-1186
Dignity for Detained Immigrants Act of 2021

Bill from Previous Congress

S 118-1208
Dignity for Detained Immigrants Act of 2023
Dec 3, 2025

Latest Companion Bill Action

HR 119-6397
Introduced in House
Jan 27, 2026
Introduced in Senate
Jan 27, 2026
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 116-1243
    Dignity for Detained Immigrants Act of 2019


  • Bill from Previous Congress

    S 117-1186
    Dignity for Detained Immigrants Act of 2021


  • Bill from Previous Congress

    S 118-1208
    Dignity for Detained Immigrants Act of 2023


  • December 3, 2025

    Latest Companion Bill Action

    HR 119-6397
    Introduced in House


  • January 27, 2026
    Introduced in Senate


  • January 27, 2026
    Read twice and referred to the Committee on the Judiciary.

Immigration

Dignity for Detained Immigrants Act

USA119th CongressS-3702| Senate 
| Updated: 1/27/2026
The "Dignity for Detained Immigrants Act" aims to significantly reform the detention of aliens in Department of Homeland Security (DHS) custody. It begins with a sense of Congress that child detention inflicts severe, irreparable harm and should be avoided, setting a tone for more humane standards. The bill mandates that the Secretary of Homeland Security establish and biennially update detention standards for all facilities, using the American Bar Association's Civil Immigration Detention Standards as a minimum benchmark. This ensures a baseline for the treatment and conditions for detained individuals. To ensure compliance, the Inspector General of DHS is required to conduct annual, unannounced inspections of all facilities. Reports from these inspections must be publicly posted, and non-compliant facilities face significant penalties, including fines for private facilities and suspension for government-owned ones, with transfers of detainees to compliant facilities. The legislation also establishes rigorous protocols for deaths in custody, requiring notification to Congress within 24 hours and a comprehensive investigation, including a root cause analysis by medical professionals, within 30 days. These investigation reports must be made public, and the Inspector General must review them. Transparency is further enhanced through an annual report to Congress on facility oversight, public disclosure of inspection reports and contracts, and a monthly public "Facilities Matrix" detailing information such as facility names, populations (disaggregated by age and gender), and compliance status. The online detainee locator system must also be updated within 12 hours of any change in an alien's custody status. A critical provision allows individuals injured due to a violation of these standards to file civil actions in federal court, seeking injunctive relief, compensatory damages, and attorney fees. This creates a direct avenue for accountability and redress for detainees. The bill imposes significant restrictions on detention facility construction and maintenance, requiring congressional notification and public disclosure for new facilities or expansions. Most notably, it mandates the phase-out of private for-profit detention facilities and alternatives to detention programs within three years , requiring all such facilities and programs to be owned and operated by DHS or nonprofit organizations. Furthermore, the bill amends the Immigration and Nationality Act to reform detention procedures. It requires warrants for arrests (with exceptions) and prohibits detention solely based on an alien's inability to pay bond. It also ensures that detained aliens are transported to federal or state courts for other legal matters. A key reform is the establishment of a 48-hour initial custody determination by the Secretary, followed by a 72-hour hearing before an immigration judge if challenged. This hearing operates under a presumption of release , which DHS can only rebut with clear and convincing evidence that the alien is a flight risk or a danger to the community, and cannot rely solely on criminal history. If detention is deemed necessary, the immigration judge must order the least restrictive conditions , with monthly reviews. Special rules apply to vulnerable persons and primary caregivers , who may not be detained unless community-based supervision is unreasonable or impracticable, with specific definitions provided for these categories, including individuals under 21 or over 60, pregnant individuals, LGBTQ+ individuals, crime victims, and those with serious illnesses or trauma. The bill explicitly prohibits the detention of individuals under 18 years of age in ICE-operated or contracted facilities. It also mandates the establishment of a community-based case management program, operated outside of ICE, to provide alternatives to detention, offering comprehensive support services like case management, medical care, housing, and legal aid, explicitly prohibiting electronic surveillance. The legislation repeals mandatory detention provisions and modifies post-removal order detention, reducing the removal period to 60 days and requiring custody redetermination hearings. It also prohibits solitary confinement for individuals in DHS custody, defining it as confinement to a cell, alone or with a cellmate, for disciplinary, administrative, or classification reasons, excluding designated sleeping time. Finally, the bill ensures access to the Legal Orientation Program for all detained aliens, operated by nonprofit organizations, provided as soon as practicable after entering detention. It also guarantees confidential access to legal counsel and grants Members of Congress and their designated staff unannounced access to facilities for oversight purposes, prohibiting temporary modifications during visits.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 116-1243
Dignity for Detained Immigrants Act of 2019

Bill from Previous Congress

S 117-1186
Dignity for Detained Immigrants Act of 2021

Bill from Previous Congress

S 118-1208
Dignity for Detained Immigrants Act of 2023
Dec 3, 2025

Latest Companion Bill Action

HR 119-6397
Introduced in House
Jan 27, 2026
Introduced in Senate
Jan 27, 2026
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 116-1243
    Dignity for Detained Immigrants Act of 2019


  • Bill from Previous Congress

    S 117-1186
    Dignity for Detained Immigrants Act of 2021


  • Bill from Previous Congress

    S 118-1208
    Dignity for Detained Immigrants Act of 2023


  • December 3, 2025

    Latest Companion Bill Action

    HR 119-6397
    Introduced in House


  • January 27, 2026
    Introduced in Senate


  • January 27, 2026
    Read twice and referred to the Committee on the Judiciary.
Cory A. Booker

Cory A. Booker

Democratic Senator

New Jersey

Cosponsors (11)
Tammy Duckworth (Democratic)Adam B. Schiff (Democratic)Edward J. Markey (Democratic)Elizabeth Warren (Democratic)Alex Padilla (Democratic)Patty Murray (Democratic)Bernard Sanders (Independent)Andy Kim (Democratic)Peter Welch (Democratic)Jeff Merkley (Democratic)Ron Wyden (Democratic)

Judiciary Committee

Immigration

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted