Findings; purpose

(a) Findings Congress finds the following: (1) In 2026, the United States detention rate peaked at the highest in decades, with more than 70,000 people in custody in facilities operated either directly by U.S. Immigration and Customs Enforcement or by private contractors under a Federal contract. (2) Nearly 50 individuals died in ICE custody between January 2025 and May 2026, which is the highest death toll in at least 20 years. This raises urgent concerns about the adequacy of medical care and conditions of confinement across the Federal detention system. (3) Credible reports from detainees, attorneys, and elected officials at Delaney Hall immigration detention center in Newark, New Jersey (a privately operated, 1,000-bed facility run by the GEO Group under Federal contract) have documented overcrowding, spoiled food, lack of medical access, and inadequate sanitation, conditions that led to a hunger and labor strike by approximately 300 detainees during May 2026. (4) New Jersey Governor Mikie Sherrill, exercising her responsibility as the chief executive of the State of New Jersey to protect the health and welfare of individuals within State borders, sought to conduct an in-person oversight visit of Delaney Hall on May 25, 2026, and was denied entry. The Governor stated that the denial of access itself was evidence of serious concern about conditions inside the facility. (5) Governors, as the chief executives of the states in which detention facilities are located, bear direct public health responsibilities for their residents and have a constitutional and civic interest in ensuring that facilities within their states meet basic health and safety standards. (6) Governors and designated public health officials are uniquely well-positioned— (A) to conduct independent, on-the-ground health and safety oversight; and (B) to communicate findings directly to Congress, supplementing and, where necessary, compensating for gaps in, existing Federal inspection programs. (b) Purpose The sole purpose of this Act is to authorize health and safety oversight by designated State officials. Governors and other State officials will not be authorized to interfere with Federal immigration enforcement operations, detainee custody determinations, or removal proceedings.