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 within their States. The bill establishes a reporting mechanism to Congress regarding conditions found during these inspections.

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

This section establishes findings related to conditions in U.S. immigration detention facilities. In 2026, the U.S. detention rate reached a peak, with over 70,000 individuals in custody. There were nearly 50 deaths in ICE custody between January 2025 and May 2026. Reports have documented poor conditions at Delaney Hall in Newark, New Jersey, including overcrowding and inadequate medical access. New Jersey Governor Mikie Sherrill was denied entry during an oversight visit to Delaney Hall. Governors have a responsibility to ensure facilities within their states meet health and safety standards. The purpose of the Act is to authorize health and safety oversight by designated State officials. The Act clarifies that State officials will not interfere with Federal immigration enforcement operations.

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 designated State public health or safety official. 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 DHS, or State/local governments. 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 all areas of a covered facility, interview detainees (with consent), review health and safety records, and document conditions through notes and photography, subject to security protocols. The section clarifies that oversight officials cannot interfere with ICE enforcement actions, release detainees, direct 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. of Governors’ Right to Inspect Act of 2026 do?

This section concerns notice requirements for health and safety inspections. An authorized oversight official is permitted to inspect a covered facility without providing prior notice.

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

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. These protocols may include restrictions on weapons, facility staff escorts, photography, and disclosure of undercover personnel information. Security protocols cannot be designed to prevent or significantly impair health and safety inspections.

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

This section outlines reporting requirements related to health and safety inspections of covered facilities. Following an inspection, a state governor may submit a written report to specified congressional committees, members of Congress, and the Secretary. The report may include details such as the facility's name, inspection date, observations of conditions, recommendations for corrective action, and operator responses. The Secretary is required to respond to the governor and other recipients within 60 days, verifying or correcting the report's findings and providing a plan for corrective actions. Reports and the Secretary’s responses will be made publicly available on the Secretary’s website, with redactions for security or privacy concerns.

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

This section clarifies that the authority granted to oversight officials under this Act does not limit existing rights. These existing rights include those under State laws providing health and safety inspection authority over private detention facilities. The authority also does not limit rights under existing intergovernmental agreements between a State or locality and the Secretary.

What does AUTHORIZATION OF APPROPRIATIONS. of Governors’ Right to Inspect Act of 2026 do?

This section authorizes appropriations to the Secretary. The funds are intended to implement the requirements of this Act. Specific uses of the appropriated funds include establishing security protocols under section 6. Funds may also be used for maintaining a public reporting portal under section 7(d).

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

This Act will become effective 180 days after its enactment.

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Governors’ Right to Inspect Act of 2026

Last updated: 6/15/2026 · Introduced: 6/15/2026

Author: Cory Booker (D-NJ)

TL;DR (AI)

This bill grants Governors (or designated officials) the right to conduct health and safety inspections of immigration detention facilities within their states, ensuring access to all areas and records.
Operators of these facilities are required to cooperate with inspections and the Secretary of Homeland Security must establish reasonable security protocols that do not impede oversight.
Following inspections, Governors can submit reports to Congress detailing facility conditions and recommendations, with the Secretary required to respond and make these reports publicly available.

119th Congressin committeeOfficial page

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Other Sections

Includes provisions on preamble, findings; purpose., and 8 more.

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