Limitations on conversions of existing buildings into immigrant detention centers

(a) In general U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection may not acquire and repurpose any warehouse, State-run facility, or correctional facility as a detention center for individuals who are awaiting removal proceedings or are in Federal custody absent full compliance with the requirements set forth in subsection (b). (b) Requirements for conversion of existing facilities (1) Compliance and financial accountability (A) In general The new immigrant detention center shall be operated in full compliance with all applicable Federal detention and safety standards. (B) Contractual penalties The Secretary of Homeland Security shall ensure all contracts for the operation of immigration detention centers include enforceable financial clawbacks and liquidated damages provisions to be triggered by a persistent or systemic failure to adhere to all applicable Federal detention and safety standards. (2) Guaranteed access All individuals housed at any immigration detention center shall be guaranteed regular access to legal counsel, faith leaders, and family members, either in person or through telephonic communication, in accordance with paragraphs (2) and (3) of section 3(a). (3) Independent inspections and timeline (A) In general Each immigration detention center shall be subject to a rigorous inspection schedule. (B) Pre-operational audit An independent inspection of each new immigration detention facility shall be completed and published not later than 30 days before any contract is executed for the operation of such facility. (C) Recurring access State attorneys general, the Office for Civil Rights and Civil Liberties of the Department of Homeland Security, and a court-appointed independent monitor shall have unrestricted, unannounced access to each immigration detention facility at any time. (D) Reporting Not later than 14 days after conducting an inspection of an immigration detention facility, the Secretary of Homeland Security shall submit a report containing the results of such inspection to— (i) the appropriate congressional committees; and (ii) the Governor of the State in which such facility is located. (4) Commencement of operations A new immigration detention center may not commence operations without full transparency and oversight in accordance with this subsection. (5) Notice; briefings The Secretary of Homeland Security shall provide advance written notice and ongoing coordination to the Governor, State attorney general, and appropriate local government officials in the jurisdiction in which any new immigration detention center is located, including— (A) notice of the intent to establish, expand, or materially modify operations at the facility; and (B) regular briefings regarding population levels, medical capacity, emergency protocols, and public safety impacts. (6) Intergovernmental consultation (A) In general The Secretary of Homeland Security shall establish procedures for consulting with appropriate State and local government officials regarding any new immigration detention center’s impact on local infrastructure. (B) Certification requirement The Secretary shall certify that each new immigration detention center adheres to all applicable State health and safety standards unless such standards directly conflict with the execution of Federal immigration law. (c) Rule of construction Nothing in this section may be construed to waive the supremacy of Federal law.