Booker, Espaillat Announce Governors’ Right to Inspect Act to Crack Down on Abuses in Immigration Detention Facilities

WASHINGTON, D.C. - Today, U.S. Senator Cory Booker (D-NJ), a member of the Senate Judiciary Committee, and U.S. Representative Adriano Espaillat (D-NY-13) announced the introduction of the Governors' Right to Inspect Act, legislation that would give sitting governors and state public health and safety officials the authority to inspect immigration detention facilities within their states.

The legislation comes at a moment of escalating alarm about conditions inside immigration detention facilities and the steady dismantling of federal oversight mechanisms meant to safeguard detainees' health, safety, and civil rights. For years, investigations have uncovered patterns of substandard-and at times outright inhumane-treatment, including medical neglect, preventable deaths, and chronically unsafe living conditions. Several governors, including New Jersey Governor Mikie Sherrill, have attempted to conduct inspections to protect the people held within their states, only to be blocked by federal authorities, leaving them unable to verify whether state laws are being upheld.

"No detention facility in New Jersey or anywhere in this nation should be allowed to operate without robust oversight. I have seen firsthand the inhumane conditions at Delaney Hall and detention centers around this country that should alarm every American. Governors and state officials have a duty to protect the health and safety of people within their borders, and taxpayers deserve to know what is happening inside these facilities," said Senator Booker. "As this Administration continues to detain more people who pose no threat to public safety, transparency and accountability are not optional - they are essential. This legislation ensures that state officials can finally hold the operators of these facilities to account."

"Nearly 50 individuals have died while in ICE custody since the start of 2025, the highest death toll over the last 20 years, raising urgent concerns about the conditions of medical care and failures at these facilities," said Representative Espaillat. "I am introducing the Governor's Right to Inspect Act of 2026 to protect the constitutional and civic interest of governors in upholding the welfare of individuals residing at facilities within their states. Given the excruciating circumstances we have witnessed nationwide, and the deteriorating conditions reported at the Delaney Hall detention facility in New Jersey, we must do all we can to guarantee basic humanity, health, and safety oversight."

The Governors' Right to Inspect Act would specifically:

• Bar the Secretary of Homeland Security from using any funds appropriated or authorized by Congress to prevent a Governor, or a designated State public health or safety official, from conducting health and safety inspections of immigration detention facilities
• Ensure that inspectors can:
  • Access all areas of detention centers;
  • Speak privately with detainees about health and safety conditions;
  • Review health and safety records; and
• Document physical conditions at facilities through written notes and photography.
• Require DHS to provide a written response within 60 days to any inspection report submitted to Congress by a governor, including corrective actions taken or planned to address identified deficiencies.

The Governors' Right to Inspect Act builds on Booker's ongoing efforts to strengthen oversight and accountability within the immigration detention system. Earlier this year, Booker introduced the Dignity for Detained Immigrants Act, legislation to improve detention standards and better protect detainees' health, safety, and civil rights. He also recently introduced an amendment to reestablish the Office of the Immigration Detention Ombudsman (OIDO) and strengthen accountability measures for private immigration detention contractors.

SEE ALSO:

• Booker Introduces Amendment to Restore Immigration Detention Oversight and Hold Private Contractors Accountable
• Booker Demands DHS Shut Down Delaney Hall Following Second Congressional Oversight Visit This Year
• Booker Announces Legislation Cracking Down on ICE Detention Facilities & Practices Following Tour of Delaney Hall
• ICYMI: In New Op-Ed, Booker Highlights Call for ICE Accountability, Stands with Roxbury & NJ Communities Opposing ICE Detention Centers
• Booker Calls for Shutdown of Delaney Hall ICE Facility and Statement on Death of Detainee at Delaney Hall
• Booker Condemns GEO Group, DHS Mismanagement of Delaney Hall ICE Detention Facility
• Booker Urges DHS, ICE to Reject New Contract with GEO Group for Immigration Detention Facility in Newark, New Jersey