Homeland Security and Governmental Affairs Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
This bill, known as the OPEN Act, aims to significantly improve transparency, preserve civil rights, and enhance accountability within immigration enforcement operations. It grants Members of Congress unrestricted and unannounced access to all immigration detention facilities, allowing them to speak privately with detainees and observe conditions, accompanied by staff and experts. The bill also mandates timely and reasonable access for legal counsel, faith leaders, and family members to detained individuals, prohibiting delays or denials of access. To increase accountability, the legislation requires the Department of Homeland Security to publicly report all allegations and incidents of excessive force , unauthorized conduct, mistaken detentions, and sexual misconduct by enforcement personnel. It establishes a confidential and accessible grievance process for detainees, ensuring prompt review and disciplinary action, including removal from duties, for officers found to have used excessive force. Furthermore, it mandates annual reporting on compliance with sexual abuse prevention programs at each facility. The bill strengthens civil rights by prohibiting excessive force and guaranteeing specific detainee rights, such as family notification and a phone call within five hours of detention, and access to legal counsel and faith leaders within twelve hours. It ensures timely medical and mental health services, including chronic care and emergency access, and establishes procedures for family members to provide necessary medications and medical devices. Additionally, it reconstitutes the Office for Civil Rights and Civil Liberties with an independent reporting structure to investigate violations. New standards are introduced for the transportation and transfer of detained individuals, requiring 24-hour notice to legal counsel and next of kin, and a written justification for any transfer. Transfers must ensure bed availability, continuity of care, and compliance with detailed safety protocols, including secure seating, adequate ventilation, regular bathroom breaks, and accommodations for individuals with disabilities. Violations of these transport standards must be documented, reported to oversight bodies, and subject to corrective actions. Finally, the bill places strict limitations on converting existing buildings into immigrant detention centers, requiring full compliance with federal and state standards, contractual penalties for non-compliance, and guaranteed access for legal representatives and independent inspections. It also mandates that immigration enforcement officers obtain a judicially enforceable warrant for arrests or detentions, severely restricting the use of administrative warrants for private residence entry and providing remedies for violations.
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Timeline
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
OPEN Act
USA119th CongressS-4589| Senate
| Updated: 5/20/2026
This bill, known as the OPEN Act, aims to significantly improve transparency, preserve civil rights, and enhance accountability within immigration enforcement operations. It grants Members of Congress unrestricted and unannounced access to all immigration detention facilities, allowing them to speak privately with detainees and observe conditions, accompanied by staff and experts. The bill also mandates timely and reasonable access for legal counsel, faith leaders, and family members to detained individuals, prohibiting delays or denials of access. To increase accountability, the legislation requires the Department of Homeland Security to publicly report all allegations and incidents of excessive force , unauthorized conduct, mistaken detentions, and sexual misconduct by enforcement personnel. It establishes a confidential and accessible grievance process for detainees, ensuring prompt review and disciplinary action, including removal from duties, for officers found to have used excessive force. Furthermore, it mandates annual reporting on compliance with sexual abuse prevention programs at each facility. The bill strengthens civil rights by prohibiting excessive force and guaranteeing specific detainee rights, such as family notification and a phone call within five hours of detention, and access to legal counsel and faith leaders within twelve hours. It ensures timely medical and mental health services, including chronic care and emergency access, and establishes procedures for family members to provide necessary medications and medical devices. Additionally, it reconstitutes the Office for Civil Rights and Civil Liberties with an independent reporting structure to investigate violations. New standards are introduced for the transportation and transfer of detained individuals, requiring 24-hour notice to legal counsel and next of kin, and a written justification for any transfer. Transfers must ensure bed availability, continuity of care, and compliance with detailed safety protocols, including secure seating, adequate ventilation, regular bathroom breaks, and accommodations for individuals with disabilities. Violations of these transport standards must be documented, reported to oversight bodies, and subject to corrective actions. Finally, the bill places strict limitations on converting existing buildings into immigrant detention centers, requiring full compliance with federal and state standards, contractual penalties for non-compliance, and guaranteed access for legal representatives and independent inspections. It also mandates that immigration enforcement officers obtain a judicially enforceable warrant for arrests or detentions, severely restricting the use of administrative warrants for private residence entry and providing remedies for violations.