Governors’ Right to Inspect Act of 2026

Key Points

• This bill gives state governors the legal authority to inspect any immigration detention facility in their state for health and safety conditions. This covers facilities run directly by ICE, private contractors, and local jails holding people for ICE.
• Governors or their designated health officials could access all areas where detainees are held, speak privately with detainees, review health records, and document conditions through notes and photography. Governors themselves can show up without any advance notice.
• The bill was prompted by New Jersey Governor Sherrill being blocked from entering Delaney Hall detention center in May 2026, where roughly 300 detainees had gone on a hunger strike over overcrowding, spoiled food, and lack of medical care. Nearly 50 people have died in ICE custody since early 2025.
• The bill draws a clear line: governors can check on living conditions but cannot interfere with immigration enforcement, release detainees, or access classified law enforcement information. The purpose is strictly civilian health and safety oversight.
• If a facility blocks a governor's inspection, the governor can sue in federal court for access. After an inspection, governors can report findings to Congress, and DHS must respond publicly within 60 days to any identified problems.