What does Preamble of OPEN Act do?

This bill, formally titled 'To improve immigration enforcement transparency, preserve civil rights, and improve the accountability of immigration enforcement personnel, and for other purposes,' aims to enhance transparency in immigration enforcement. The bill seeks to preserve civil rights within the context of immigration enforcement. It intends to improve the accountability of immigration enforcement personnel.

What does SHORT TITLES. of OPEN Act do?

This Act is formally titled the Oversight, Protection, and Enforcement Notification Act, also known as the OPEN Act.

What does DEFINITIONS. of OPEN Act do?

This section defines key terms used within the legislation. “Chokehold or carotid hold” is defined as pressure to the throat or windpipe, maneuvers restricting blood flow, or carotid artery restraints hindering breathing. “Conduct exceeding authorized authority” includes actions without legal authorization, outside assigned duties, or violating federal law, regulation, or DHS policy, with specific examples provided. Examples of conduct exceeding authorized authority include conducting stops or searches without proper authorization, misrepresenting authority, and using unapproved tactics. “Excessive force” is defined as physical force or weapons use beyond what is objectively reasonable and necessary. Examples of excessive force include discharging a firearm, using chemical agents, physical takedowns, and actions resulting in bodily injury or death. “Member of Congress” includes Senators, Representatives, Delegates, and Resident Commissioners.

What does IMPROVING IMMIGRATION ENFORCEMENT TRANSPARENCY. of OPEN Act do?

This section mandates that the Secretary of Homeland Security ensure unrestricted access to all immigration detention facilities for all Members of Congress, without advance notice. Access includes the ability to speak privately with detained individuals and facility personnel, observe conditions of confinement, and be accompanied by relevant experts. The Secretary must also ensure detained individuals have timely access to legal counsel, faith leaders, and family members. Operators of immigration detention facilities are prohibited from delaying or denying access to Members of Congress. The Secretary must report any delays or denials of access to Congress within 72 hours. If access is repeatedly denied, disciplinary action may be taken against Department personnel. The Secretary is required to publicly report aggregated data on allegations and incidents of misconduct by immigration enforcement officers, without revealing personal information. Each facility must maintain a confidential and accessible grievance process for detained individuals to report concerns. If an investigation confirms excessive force or misconduct, the responsible individual must be removed from duties involving detained individuals.

What does PRESERVING CIVIL RIGHTS. of OPEN Act do?

This section outlines requirements related to the use of force during immigration enforcement operations, prohibiting excessive force. It mandates notification to a detained individual's immediate family within 5 hours of detention, and guarantees access to a phone call within 5 hours. Detained individuals are guaranteed access to legal counsel and a faith leader within 12 hours, and reasonable accommodations for legal documentation. The Secretary of Homeland Security must ensure timely medical and mental health services, including emergency care and access to VA healthcare if applicable. Transfers to hospitals or emergency rooms require immediate notification of legal counsel and family. Transfers between detention facilities require notification to legal counsel, designated representatives, and next of kin within 24 hours, along with a written justification. Transfers cannot occur without available beds and adherence to federal detention standards, including medical resources. Transportation standards include seatbelt use, limitations on overcrowding, access to food and water, and reasonable accommodations for vulnerable individuals. Incidents of transportation standard violations must be documented and reported to various oversight bodies. The Office for Civil Rights and Civil Liberties within the Department of Homeland Security is to be reconstituted with an independent reporting structure.

What does LIMITATIONS ON CONVERSIONS OF EXISTING BUILDINGS INTO IMMIGRANT of OPEN Act do?

This section restricts U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) from repurposing existing facilities (warehouses, state-run facilities, or correctional facilities) into immigration detention centers without adhering to specific requirements. The new detention centers must comply with all applicable federal detention and safety standards, and contracts must include financial penalties for non-compliance. Individuals detained at these centers are guaranteed access to legal counsel, faith leaders, and family members. Independent inspections are required before operations begin and on a recurring basis, with unrestricted access for state attorneys general, DHS's Office for Civil Rights and Civil Liberties, and a court-appointed monitor. The Secretary of Homeland Security must report inspection results to Congress and the relevant state governor within 14 days. New detention centers cannot commence operations without transparency and oversight. The Secretary must provide advance notice and regular briefings to state and local officials regarding facility operations, population levels, and safety impacts. The Secretary must consult with state and local officials regarding the impact on local infrastructure and certify adherence to state health and safety standards, unless those standards conflict with federal immigration law. This section clarifies that it does not waive the supremacy of federal law.

What does WARRANT REQUIREMENTS. of OPEN Act do?

This section establishes warrant requirements for arrests and detentions by U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) officers. Generally, officers may not arrest or detain an individual without a judicially enforceable warrant from a magistrate judge or Article III judge. Administrative warrants issued by the Department of Homeland Security cannot authorize entry into a private residence or dwelling, nor can they justify forced or coercive entry without consent. Exceptions to the administrative warrant restrictions apply to individuals determined to be a flight risk or a danger to the public. Information obtained during an immigration enforcement action violating this section cannot be entered into the record or received as evidence in a removal proceeding. A noncitizen subject to removal proceedings may file a motion to enforce the prohibition and potentially terminate proceedings if a violation occurred.

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OPEN Act

Last updated: 5/29/2026 · Introduced: 5/29/2026

Author: Joe Neguse (D-CO)

TL;DR (AI)

The OPEN Act mandates unrestricted access for Members of Congress to immigration detention facilities, including private conversations with detainees and facility personnel, to improve oversight.
This bill prohibits excessive force and requires timely notification to family and legal counsel following immigration detention, ensuring access to essential services and accommodations.
The bill restricts ICE and CBP from repurposing existing buildings into immigration detention centers unless they meet federal standards, undergo independent inspections, and provide transparency to state and local officials.
Generally, ICE and CBP officers must obtain a warrant before arresting or detaining individuals, with limited exceptions for those deemed a flight risk or danger to the public.
The bill reconstitutes the Department of Homeland Security's Office for Civil Rights and Civil Liberties with an independent reporting structure to enhance accountability.

119th Congressin committeeS. 4589(In Committee)Official page

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Includes provisions on preamble, short titles., and 5 more.

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