Rep. Kennedy Introduces Equal Detention Standards Act to Standardize Immigration Detention and Support Local Law Enforcement

Washington, D.C. - Congressman Mike Kennedy (UT-03) has introduced the Equal Detention Standards Act of 2025 , legislation that addresses a disparity in standards for detained illegal immigrants versus American citizens by requiring that immigration detention facilities operate under the same federal standards currently applied to the U.S. Marshals Service detention facilities.

In practice, this means uniform rules for safety, care, and custody in all contract detention facilities: whether run by private contractors, or county jails. The current ICE standards discourage local cooperation and lead to fewer available beds. This patchwork system forces ICE to release criminal aliens back onto the streets simply because there is not enough federally approved capacity.

By codifying one federal standard nationwide, this commonsense bill will eliminate current disparities between American citizens being held in federal facilities and illegal immigrants being held for ICE in local jails, ensuring consistent conditions across the board and improving federal-local law enforcement collaboration.

"Right now, ICE is forced to do more with less - patching together temporary bed space while violent offenders slip through the cracks," said Congressman Mike Kennedy (UT-03). "This bill brings ICE onto the same playing field as the U.S. Marshals, giving sheriffs clear rules, improving accountability, and ending Washington's band-aid approach to detention."

"Utah families deserve safe communities," Kennedy added. "This bill delivers common-sense reforms that keep criminals off our streets, cuts taxpayer waste, and gives ICE the same tools our U.S. Marshals already use."

Background:

Utah has no dedicated ICE detention center. Instead, ICE relies on "rider" agreements through U.S. Marshals contracts to place detainees in limited numbers at local jails-including Salt Lake, Tooele, and Washington Counties. These beds help in the short term but are nowhere near enough. As a result, detainees are frequently transported to the Nevada Southern Detention Center in Pahrump, NV, hundreds of miles away-driving up taxpayer costs and straining enforcement resources. ICE officials have stated that Utah needs 200-400 dedicated beds just to keep up with demand.

To ease the burden of long-distance transfers, more than 100 Utah National Guard members were deployed in mid-September to provide administrative and logistical support, including transportation. This mission, scheduled to run through mid-November, allows ICE officers to focus on enforcement rather than escort duties. Still, this temporary fix underscores how strained ICE's resources are without consistent local capacity.

By applying the same detention standards used by the U.S. Marshals Service, the Equal Detention Standards Act will:

• Expand access to local beds by giving sheriffs confidence that facilities are governed by one clear federal standard
• Reduce costly out of state transfers, keeping detainees closer to Utah courts and council.
• Improve accountability by ensuring ICE detention facilities meet the same benchmarks already used by U.S. Marshalls facilities.
• Strengthen law-enforcement partnerships, reducing the burden on county jails, and ICE officers.

The consequences of limited bed space are real. ICE is forced to prioritize which offenders to hold, often releasing or transferring individuals charged with drug trafficking, assaults, and other serious crimes. Federal prosecutors in Utah have recently secured convictions against noncitizens unlawfully present for drug trafficking and immigration violations, underscoring the risks when detention resources are stretched. ICE officials confirm they are targeting criminals first - including DUI offenders, drug traffickers, and fugitives - but a lack of detention capacity means too many offenders slip through the cracks.