Senators Propose Legislation to Strengthen Oversight of Immigrant Detention Facilities
U.S. Senator Cory Booker (D-N.J.) and Representative Adriano Espaillat (D-N.Y.-13), both members of the Senate Judiciary Committee, today introduced the Governor’s Visitor Powers Act. This proposed legislation aims to empower sitting governors and state public health and safety officials to inspect immigrant detention facilities located within their jurisdictions.
The initiative arises from mounting concerns regarding deplorable conditions in these facilities and the ongoing erosion of federal oversight intended to safeguard the health, safety, and civil rights of detainees. Investigative reports over the years have documented a troubling pattern of inadequate care, including instances of medical neglect, preventable fatalities, and persistently unsafe living environments. Some governors, including New Jersey’s Governor Mikie Sherrill, have attempted to conduct their own inspections to ensure compliance with state laws, only to be obstructed by federal authorities.
“No detention facility in New Jersey or anywhere in this country should operate without robust oversight. The inhumane conditions I have witnessed at Delaney Hall and other centers are a wake-up call for all Americans,” stated Senator Booker. “Governors and state officials have a responsibility to safeguard the health and safety of individuals in their states, and taxpayers deserve transparency regarding what happens inside these facilities. Accountability is not merely desirable, but necessary, especially as the current administration continues to detain individuals who do not pose a public safety threat.”
Representative Espaillat added to the urgency of the issue, noting, “Since the start of 2025, nearly 50 individuals have died in ICE custody, marking the highest death toll in two decades. This grim reality raises serious concerns about healthcare and overall conditions within these facilities. I am introducing the Governor’s Inspection Powers Act of 2026 to affirm the governor’s constitutional duty to protect the welfare of those housed in these facilities, especially given the intolerable conditions reported nationally and in New Jersey’s Delaney Hall Detention Center.”
The Governor’s Visitor Powers Act outlines several critical stipulations, including the prohibition of the Secretary of Homeland Security from obstructing state officials from performing health and safety inspections of immigration detention facilities. The Act also empowers inspectors to access all areas of these facilities, conduct private interviews with detainees about living conditions, review health and safety documentation, and photograph the facilities’ physical conditions. Furthermore, the Department of Homeland Security (DHS) will be required to respond in writing to inspection reports submitted by governors within 60 days, detailing any corrective actions taken or planned to address identified deficiencies.
This legislation builds on Senator Booker’s ongoing efforts to enhance oversight and accountability within the immigration detention framework. Earlier this year, he introduced the Dignity for Immigrants in Detention Act, which aims to elevate detention standards while better protecting the health, safety, and civil rights of individuals in custody. In addition, he has recently proposed amendments to reinstate the Immigration Detention Ombudsman Office (OIDO) and implement more robust measures to hold private immigration detention contractors accountable.
