H.R. 6397: Dignity for Detained Immigrants Act
Sponsor
Pramila Jayapal
Democrat · WA-7
Bill Progress
Latest Action · Dec 3, 2025
Referred to the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. for review
House bill would end private ICE detention in 3 years
Why it matters
H.R. 6397 would phase out all for-profit ICE detention within 3 years, require a written custody decision in 48 hours and a judge hearing in 72, ban solitary confinement, and bar detention of anyone under 18 in ICE facilities.
Right now, an immigrant taken into ICE custody can be held for days before seeing a judge, moved between detention facilities, and held in for-profit centers operating under government contracts. The Dignity for Detained Immigrants Act would rewrite that system from the ground up.
The bill sets hard time limits. ICE would have 48 hours to issue a written custody decision, and an immigration judge would have to hold a hearing within 72 hours of that decision. The default flips: release is presumed unless the government can show with clear and convincing evidence that detention is justified.
Anyone under 18 couldn't be held in any ICE-operated or contracted facility. Vulnerable people — pregnant women, crime victims, LGBTQ individuals, people over 60 or under 21 — and primary caregivers couldn't be detained unless ICE proves community supervision wouldn't work. Solitary confinement would be banned outright for anyone in DHS custody.
The biggest structural change targets private prisons. DHS couldn't sign new or extended contracts with for-profit detention or monitoring companies, and every existing contract would have to end within three years of enactment. After that, detention facilities would have to be owned and operated by DHS itself, and alternative-to-detention programs would be run by DHS or a nonprofit.
Oversight tightens at every layer. The DHS Inspector General would run unannounced annual inspections and publish results online within 60 days, and facilities that fail twice in a 2-year window would lose their contracts. Deaths in custody trigger a 24-hour notice to Congress, a 30-day investigation, a 60-day public report, and a 90-day IG review.
Inspection reports and detention contracts would become FOIA records, removed from the trade-secrets exemption that currently shields them from disclosure. Members of Congress could enter any facility without prior notice, and DHS would be barred from making cosmetic changes before an oversight visit.
H.R. 6397 Bill Summary
What H.R. 6397 actually does.
Custody decision in 48 hours, judge hearing in 72
ICE would have to issue a written custody decision within 48 hours of taking someone into custody, and an immigration judge would have to hold a hearing within 72 hours of that decision. Release would be presumed unless the government overcomes that presumption with clear and convincing evidence.
No one under 18 in ICE detention
Anyone under age 18 could not be held in any ICE-operated or contracted facility. Vulnerable people and primary caregivers also could not be detained unless the government proves it is unreasonable or not practicable to place them in community-based supervision.
Surprise IG inspections with cash penalties
The DHS Inspector General would conduct unannounced, in-person inspections of every detention facility at least annually and publish the report online within 60 days. A non-DHS-owned facility that fails once in a 2-year period would face a fine of at least 10% of the contract value plus a follow-up inspection within 180 days.
Two failed inspections ends the contract
If a non-DHS-owned facility fails 2 or more inspections in a 2-year period, detainees must be transferred within 30 days, the contract is terminated, and DHS funds can no longer be used for that contract. DHS-owned facilities that fail repeatedly must transfer detainees within 60 days and have their use suspended.
All for-profit detention contracts end within 3 years
DHS could not sign new or extended contracts with for-profit entities for detention or nonresidential monitoring programs, and all such contracts would have to be terminated within 3 years of enactment. After that, detention facilities would have to be owned and operated by DHS, and alternative-to-detention programs would be run by DHS or a nonprofit.
Solitary confinement banned
The bill prohibits solitary confinement for anyone in DHS custody, defined as confinement to a cell alone or with a cellmate for disciplinary, administrative, or classification reasons. Designated sleeping time is excluded from the definition.
Who benefits from H.R. 6397?
People in ICE custody
They would gain a 48-hour clock on written custody decisions, a 72-hour clock on judge hearings, a presumption of release that ICE has to overcome with clear and convincing evidence, private confidential access to counsel by phone or video, and a Legal Orientation Program briefing before their first hearing.
Anyone under 18
The bill carves out a flat ban — no one under 18 could be held in any ICE-operated or contracted facility, regardless of circumstances or how they were apprehended.
Vulnerable people and primary caregivers
The bill names specific categories: people under 21 or over 60, pregnant women, LGBTQ individuals, crime victims, asylum seekers with credible fear, torture survivors, and people with serious illness. None could be detained unless ICE proves community supervision wouldn't work — and the community supervision program couldn't use ankle monitors or charge fees.
Reporters, advocates, and the public
Inspection reports and detention contracts would become FOIA-eligible documents, no longer shielded by the trade-secrets exemption. DHS would have to post facility-by-facility data on the first day of each month — beds, populations, average detention length, contract details — and update the online detainee locator within 12 hours of any custody change.
Who is affected by H.R. 6397?
DHS and ICE
ICE would face a tighter operational rhythm: detention standards by regulation within 1 year, biennial updates after that, monthly facility data publication, 12-hour locator updates, and 180 days' notice to Congress before any new construction or expansion.
Private detention contractors
For-profit detention and monitoring companies would lose all DHS contracts within 3 years. Until then, a single inspection failure in a 2-year window triggers a fine of at least 10% of contract value; two failures and the contract is terminated outright. After the 3-year mark, only DHS-owned facilities and nonprofit-run alternative-to-detention programs would qualify.
DHS-owned detention facilities
Government-run facilities would still be subject to annual unannounced IG inspections and public reporting. Two failed inspections in 2 years and detainees must be transferred within 60 days while the facility's use is suspended.
Members of Congress and the IG
Members of Congress would gain unannounced access to any detention facility, and designated staff could enter with 24 hours' notice — or no notice when accompanying a Member. The Inspector General would have to inspect every facility annually and review any death in custody within 90 days.
What Congress Is Saying
H.R. 6397 hasn't been debated on the floor yet.
This section updates when a legislator speaks about it on the floor or in committee.
HR6397 Legislative Journey
House: Committee Action
Dec 3, 2025
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
About the Sponsor
Pramila Jayapal
Democrat, Washington's 7th congressional district · 9 years in Congress
Committees: the Judiciary, the Budget, Foreign Affairs
View full profile →
Cosponsors (133)
All 133 cosponsors are Democrats. Cosponsors represent 34 states: Arizona, California, Colorado, and 31 more.
Adam Smith
Democrat · WA
Alma Adams
Democrat · NC
Gabe Amo
Democrat · RI
Yassamin Ansari
Democrat · AZ
Becca Balint
Democrat · VT
Nanette Barragán
Democrat · CA
Donald Beyer
Democrat · VA
Suzanne Bonamici
Democrat · OR
Brendan Boyle
Democrat · PA
Shontel Brown
Democrat · OH
Julia Brownley
Democrat · CA
André Carson
Democrat · IN
Cosponsor Coverage Map
Committee Sponsors
Homeland Security Committee
10 of 31 committee members cosponsored
Judiciary Committee
15 of 42 committee members cosponsored
7 Democrats across these committees haven't cosponsored yet. Mobilize their constituents
H.R. 6397 Quick Facts
- Committee
- Homeland Security
- Chamber
- House
- Policy
- Immigration
- Introduced
- Dec 3, 2025
Referred to the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. for review
Dec 3, 2025
Official Sources
Official Congress.gov page for the Dignity for Detained Immigrants Act with bill text, cosponsors, and legislative actions.
Section 5 assigns the DHS Inspector General to conduct annual unannounced detention facility inspections and review every death in custody within 90 days.
ICE's detention management page covers the standards, facilities, and operations the bill would rewrite under Section 4.
Section 5(f) requires this system to update within 12 hours of any intake, transfer, release, or removal.
EOIR oversees the immigration judges who would have to hold custody hearings within 72 hours under Section 9.
The judges responsible for the 72-hour custody hearing and presumption-of-release standard the bill creates.
Civil-rights oversight body relevant to the bill's enforceable detention standards, vulnerable-person protections, and private right of action.
Section 9 transfers any unaccompanied alien child in DHS custody to HHS under ORR — the agency that runs care for unaccompanied children.
H.R. 6397 Common Questions
When would private ICE detention end under H.R. 6397?
DHS couldn't sign new or extended for-profit detention contracts after enactment, and every existing contract would have to end within 3 years. After that, all detention facilities would have to be owned and operated by DHS itself.
Can ICE detain anyone under 18 under H.R. 6397?
No. The bill bars detention of anyone under 18 in any ICE-operated or contracted facility. It's a bright-line age cutoff, not a case-by-case decision.
How fast would someone see a judge after an ICE arrest?
ICE would have 48 hours to issue a written custody decision after taking someone into custody. An immigration judge would have to hold a hearing within 72 hours of that decision, and release would be presumed unless the government proves with clear and convincing evidence that detention is justified.
Does H.R. 6397 ban solitary confinement in ICE detention?
Yes. The bill prohibits solitary confinement for anyone in DHS custody, defined as confinement to a cell alone or with a cellmate for disciplinary, administrative, or classification reasons. Designated sleeping time is excluded from the definition.
Who counts as a 'vulnerable person' under the Dignity for Detained Immigrants Act?
The bill defines vulnerable persons to include people under 21 or over 60, pregnant women, LGBTQ individuals, crime victims, those with serious mental or physical illness, asylum seekers with credible fear, torture survivors, and people with limited English proficiency who aren't given language services. Vulnerable persons and primary caregivers can't be detained unless ICE proves community supervision wouldn't work.
Can immigrants sue over detention standard violations under H.R. 6397?
Yes. Detainees injured by violations of the bill's detention standards could file in U.S. District Court and seek injunctive relief, compensatory damages, and reasonable attorney fees and costs.
What happens when an ICE detention facility fails inspections?
First failure in a 2-year window: a fine of at least 10% of the contract value plus a follow-up inspection within 180 days. Second failure in 2 years: detainees must be transferred within 30 days, the contract is terminated, and DHS funds can't be used for that contract.
What happens when someone dies in ICE custody under H.R. 6397?
DHS would have to notify Congress within 24 hours, complete an investigation with root cause analysis by qualified medical personnel within 30 days, publish a public report within 60 days, and have the DHS Inspector General review the death within 90 days.
Based on H.R. 6397 bill text
H.R. 6397 Bill Text
“To provide standards for facilities at which aliens in the custody of the Department of Homeland Security are detained, and for other purposes.”
Source: U.S. Government Publishing Office
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