The OPEN Act establishes stricter rules for immigration enforcement by granting Members of Congress unrestricted access to detention facilities and requiring the Department of Homeland Security to publicly report incidents involving excessive force or misconduct. It mandates that detained individuals receive timely access to legal counsel, family members, and medical care, while also setting new standards for transporting detainees safely and ensuring they are informed of facility transfers. Additionally, the bill prohibits the use of administrative warrants to enter private homes without consent and requires judicial warrants for arrests, while also imposing penalties on facilities that fail to meet safety standards.
The Know Your Rights Act directs the Attorney General to create a new Office of Legal Access Programs within the immigration review system to educate detained noncitizens about their legal rights and immigration procedures. This office would develop orientation programs that provide information in English and the five most common languages spoken by detainees, aiming to help individuals make informed decisions while reducing costs and delays in immigration proceedings. The law requires these educational services to be offered within five days of a person entering custody and mandates that the government consider vulnerable groups, such as unaccompanied children and those with serious mental disabilities, for special attention. Importantly, the bill explicitly states that providing this information does not create any new legal rights or benefits that can be enforced in court.
The OPEN Act establishes new oversight and accountability measures for immigration enforcement by granting Members of Congress unrestricted, unannounced access to all immigration detention facilities and requiring the Department of Homeland Security to publicly report incidents involving excessive force or misconduct. It mandates specific rights for detained individuals, including timely notification of family members, guaranteed access to legal counsel and medical care within set timeframes, and strict regulations on transfers and transportation conditions. The legislation also restricts the use of administrative warrants for entering private residences, requires judicial warrants for most arrests and detentions, and imposes financial penalties on contractors who fail to meet federal detention standards. Additionally, the bill reconstitutes the Office for Civil Rights and Civil Liberties within the Department and requires rigorous independent inspections before any new detention centers can begin operations.
The COOL IT Act requires immigration officers to complete an annual, scenario-based training curriculum focused on skills like de-escalation, community relations, and officer safety. This mandatory training, which must be developed by the Department of Homeland Security within 90 days, applies to federal immigration officers and state officers participating in federal immigration enforcement programs. Additionally, the bill mandates that all immigration officers finish at least 67 days of training before they can begin enforcing immigration laws. The legislation also directs the Department of Homeland Security to consult with law enforcement and community groups while submitting a report to Congress on the training's benefits and implementation challenges within 180 days.
The DHS Release Transparency Act requires the Department of Homeland Security to inform a designated contact person when a detained individual is released from Customs and Border Protection or Immigration and Customs Enforcement custody, provided the person was held for more than 12 hours. Under this bill, individuals in custody can choose to name a contact and provide their information, with the government obligated to attempt notification at least twice. The law also mandates that translation services be available in the detainee's preferred language for both selecting a contact and receiving release notifications. Additionally, the act specifies that any information gathered under this process cannot be used for law enforcement purposes.
The Pregnant Women in Custody Act establishes new federal standards to protect the health and rights of pregnant women held in Bureau of Prisons facilities, immigration detention centers, and refugee shelters. It mandates comprehensive medical care, including mandatory pregnancy testing, access to contraception, and specialized dietary and housing accommodations tailored to pregnancy needs. A central provision prohibits the use of restrictive housing and physical restraints during pregnancy, labor, and the postpartum recovery period, with limited exceptions only for immediate safety threats. The legislation also requires facilities to provide nursery programs allowing mothers and infants to remain together, offers education on parental rights, and mandates regular reporting on health outcomes and the use of restrictive measures.
The KIDS Act prohibits the Department of Homeland Security from detaining children, individuals with cognitive disabilities, or their primary caregivers, with limited exceptions for criminal warrants. It also bans immigration enforcement actions within 1,000 feet of sensitive locations such as schools, hospitals, places of worship, and polling places, including during travel to or from these sites. If the Department violates these rules, any evidence gathered from the illegal action cannot be used in court, and the affected individuals must be released immediately. The bill requires that any necessary detentions be reported to Congress within 24 hours and prioritizes releasing children to their parents or designated caregivers.
The VOICE Act creates a new civil remedy allowing individuals to sue the United States government if a federal law enforcement officer or someone acting under their direction violates their constitutional rights during immigration-related enforcement actions. This law specifically applies to people within U.S. jurisdiction who claim their rights were deprived while being acted upon by federal officers, regardless of whether the officer was following official policy. If the government is found liable, the specific federal agency that employed the officer must pay monetary damages, and the claimant is guaranteed at least $2 million in punitive damages. Additionally, the bill ensures that these lawsuits cannot be dismissed based on the government's sovereign immunity, while still allowing victims to pursue other legal remedies against individual officers.
The No Illegal Captivity and Extensions Act of 2026 prohibits the Department of Homeland Security from issuing or enforcing immigration detainers, which are requests for local law enforcement to hold individuals beyond their scheduled release. This change directly affects federal immigration authorities and local police departments by removing the legal basis for holding people based solely on immigration status. The bill achieves this by amending the Immigration and Nationality Act to strike specific detention provisions and adding a general ban on detainers, including those used through agreements with other government agencies. Consequently, local law enforcement agencies would no longer be legally required to detain individuals after their criminal sentences are completed if the federal government requests it.
The HELP Separated Children Act directs the Department of Homeland Security to identify parents of U.S. children during immigration enforcement actions and ensures they can make phone calls to arrange care for their children. It requires officials to notify child welfare agencies only when a parent cannot arrange care for their child or when there is an imminent risk of harm to the child. The bill also mandates that detained parents be allowed regular contact with their children, participate in family court proceedings, and be considered for release if it serves the child's best interests. Additionally, the legislation requires federal employees involved in these actions to receive training on minimizing trauma to children and establishes a system for collecting data on how the law is implemented.
