OPEN Act

Key Points

• Immigration officers would need a warrant from a real judge before arresting or detaining someone. Administrative warrants signed by DHS officials could no longer be used to enter homes without consent. Evidence from warrantless arrests would be thrown out of deportation cases.
• Members of Congress would get unrestricted, no-notice access to every immigration detention facility in the country, including private and state-run centers. They could bring staff and experts, speak privately with detainees, and inspect conditions on the spot. Facilities that block access would face disciplinary consequences.
• People who are detained must have a family member notified within 5 hours, get a phone call within 5 hours, and have access to a lawyer and faith leader within 12 hours. The bill also guarantees medical and mental health care, including emergency treatment and management of ongoing health conditions.
• DHS must publicly report all incidents of excessive force, sexual abuse, wrongful detention of U.S. citizens, and other misconduct by immigration officers. Officers found to have used excessive force would be permanently removed from duties involving detainees.
• Turning warehouses, old prisons, or state facilities into new detention centers would require an independent audit at least 30 days before operations begin. Contracts must include financial penalties for failing to meet federal safety standards, and state and local officials must be consulted and briefed on new facilities.
• Transfers between detention facilities must include 24-hour notice to families and lawyers, written justification, and medical summaries. Transport conditions are spelled out in detail, including seatbelts, bathroom breaks every 2 hours, food and water, and accommodations for people with disabilities.