What does Preamble of Governors’ Right to Inspect Act of 2026 do?

This bill authorizes sitting Governors to conduct health and safety oversight inspections of immigration detention facilities located within their states. The bill establishes a reporting mechanism to Congress regarding conditions found during these inspections.

What does SHORT TITLE. of Governors’ Right to Inspect Act of 2026 do?

This bill is formally titled the Governors' Right to Inspect Act of 2026.

What does FINDINGS AND PURPOSE. of Governors’ Right to Inspect Act of 2026 do?

This section outlines findings related to immigration detention facilities in the United States. The United States currently detains over 70,000 individuals in immigration detention facilities. Since the start of 2025, nearly 50 individuals have died in ICE custody. Conditions at Delaney Hall detention center in Newark, New Jersey, have been reported as problematic, including overcrowding and inadequate medical access. New Jersey Governor Mikie Sherrill was denied entry during an oversight visit to Delaney Hall. Governors have a public health responsibility and a constitutional interest in ensuring health and safety standards at detention facilities within their states. The purpose of this Act is to authorize health and safety oversight of these facilities, without granting Governors authority to interfere with federal immigration enforcement. The Act aims to supplement existing Federal inspection programs.

What does DEFINITIONS. of Governors’ Right to Inspect Act of 2026 do?

This section defines key terms used within the Act. An 'authorized oversight official' is either a State Governor or a State public health or safety official designated by a Governor for conducting inspections. A 'covered facility' is any facility within the United States used for detaining individuals in the custody of the Secretary, including facilities owned by ICE, private entities contracted with ICE, or State/local governments under an intergovernmental service agreement. A 'health and safety inspection' involves observing and documenting conditions related to the health, safety, and humane treatment of detained individuals. “ICE” is defined as U.S. Immigration and Customs Enforcement. “Secretary” is defined as the Secretary of Homeland Security.

What does RIGHT OF ACCESS FOR HEALTH AND SAFETY OVERSIGHT. of Governors’ Right to Inspect Act of 2026 do?

This section establishes a right of access for authorized oversight officials to covered facilities for health and safety inspections. Funds appropriated to the Secretary cannot be used to prevent such access. Oversight officials have the right to access areas where detainees are housed, receive care, or are held, and to speak privately with detainees regarding health and safety. They can review relevant health and safety records, including food preparation, medical treatment (in aggregate), and facility maintenance records. Officials can document physical conditions through written notes and photography, following security protocols. This section clarifies that oversight officials cannot interfere with ICE enforcement actions, release detainees, direct federal employees, access classified information unrelated to health and safety, or engage in access for purposes other than civilian health and safety oversight.

What does NOTICE REQUIREMENTS. of Governors’ Right to Inspect Act of 2026 do?

This section outlines notice requirements for health and safety inspections. The Governor of a State may conduct such inspections without prior notice. Designated state officials must provide at least 24 hours advance written notice to both the facility operator and the ICE Field Office Director before conducting an inspection.

What does FACILITY OBLIGATIONS AND SECURITY PROTOCOLS. of Governors’ Right to Inspect Act of 2026 do?

This section outlines obligations and security protocols related to covered facilities. Operators of covered facilities are required to cooperate with health and safety inspections. The Secretary must establish reasonable security protocols within 90 days of the Act's enactment. Permissible security protocols may include restrictions on weapons, facility staff escort of inspectors, and limitations on photography in areas with security risks. Restrictions on photography must be narrowly tailored and not prevent documentation of health and safety conditions. Disclosure of information that could compromise undercover personnel is prohibited. Security protocols cannot be designed to prevent or significantly impair health and safety inspections.

What does REPORTING TO CONGRESS. of Governors’ Right to Inspect Act of 2026 do?

This section establishes a reporting process related to health and safety inspections of covered facilities. Following an inspection, a state's governor may submit a written report to specified congressional committees or individual members of Congress. The report may include details such as the facility's name, inspection date, observed conditions, and recommendations. Congressional committees can transmit these reports to the Secretary of Homeland Security. The Secretary of Homeland Security has 60 days to respond in writing, addressing identified deficiencies and corrective actions. Reports and the Secretary's responses will be made publicly available online, with potential redactions for security or privacy concerns.

What does ENFORCEMENT AND REMEDIES. of Governors’ Right to Inspect Act of 2026 do?

This section outlines enforcement and remedies related to access to covered facilities. An authorized oversight official denied access to a covered facility may bring a civil action in U.S. district court. The civil action may seek declaratory relief affirming the right of access, injunctive relief ordering access, or other relief deemed appropriate by the court. This Act does not create a private right of action for detained individuals.

What does RELATIONSHIP TO EXISTING LAW. of Governors’ Right to Inspect Act of 2026 do?

This section clarifies the relationship between this Act and existing laws. The access granted to oversight officials under this Act supplements, rather than limits, existing State laws regarding health and safety inspections of private detention facilities. This Act does not permit a Governor or designee to enforce State law in a way that conflicts with Federal law or interferes with Federal immigration enforcement operations.

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Governors’ Right to Inspect Act of 2026

Last updated: 6/11/2026 · Introduced: 6/11/2026

Author: Adriano Espaillat (D-NY)

TL;DR (AI)

This bill grants Governors (or their designees) the right to conduct health and safety inspections of immigration detention facilities within their states.
Authorized officials can access detainee housing areas, review health and safety records, and document conditions through written notes and photography, subject to reasonable security protocols.
State Governors can conduct inspections without prior notice, while designated state officials must provide 24 hours' written notice before an inspection.
Following an inspection, Governors can submit reports to Congress detailing observed conditions and recommendations, prompting a response from the Secretary of Homeland Security.
If access to a facility is denied, authorized oversight officials can pursue civil action in federal district court to enforce their right of access.

119th Congressin committeeOfficial page

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