To prohibit the Department of Homeland Security from entering into, modifying, extending, or renewing, any contract or intergovernmental service agreement to establish or operate any new immigration detention model, including the use of warehouses, modular facilities, soft-sided structures, tent systems, and processing centers.
- Sponsor
- Rep. Tlaib, Rashida [D-MI-12]
- Committees
- Homeland Security Committee (primary)
- Last action
- Apr 24, 2026
Bottom line
H.R. 8494 aims to halt the expansion of immigration detention facilities and redirect associated federal funding towards social services, based on concerns about human rights, detention conditions, and community impacts.
What it actually does
This bill prohibits the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) from establishing, operating, expanding, converting, or renovating any new immigration detention model, including specific types of facilities like warehouses, modular units, soft-sided structures, and tent systems. It also forbids the use of any funds for these purposes and mandates that funds previously obligated for such models be transferred to services like affordable healthcare and housing.
Proponents argue
Supporters argue that the bill is a critical step to prevent human rights violations, address the unconscionable conditions prevalent in existing detention facilities, and stop the diversion of local resources. They contend that the expansion of detention infrastructure mirrors historical injustices and that funds should instead be invested in humane alternatives and essential community services.
Opponents contend
Opponents would likely argue that prohibiting new detention models severely hampers DHS's ability to manage border security and enforce immigration laws, especially given current migration levels. They might contend that such restrictions would lead to uncontrolled releases or exacerbate overcrowding in existing facilities, thereby undermining national security and operational effectiveness.
The bill is concise and its core provisions are clearly articulated, allowing for a quick and thorough understanding of its intent and impact.
Section 1(a)
Congressional Findings on Immigration Detention Practices
This section outlines Congress's findings regarding the Department of Homeland Security's (DHS) plans to expand immigration detention facilities, including the use of non-traditional structures. It highlights concerns about human rights violations, poor conditions, medical neglect, deaths in custody, and adverse impacts on surrounding communities, drawing a parallel to historical internment camps. These findings serve as the legislative justification for the bill's subsequent prohibitions.
Supporters argue
Supporters argue these findings accurately reflect the documented harms of the current immigration detention system and the risks associated with its expansion, providing a strong moral and practical basis for the bill's prohibitions.
Critics contend
Opponents might dispute the characterization of current detention conditions or the historical parallels, arguing that the findings are overly critical and do not acknowledge the operational necessities or improvements made in detention management.
Tradeoffs
The tension between the perceived necessity of detention for immigration enforcement and the documented human rights concerns and community impacts associated with current and proposed detention models.
Section 1(b)
Prohibition on Establishing or Operating New Immigration Detention Models and Facilities
This provision directly prohibits the Department of Homeland Security (DHS), including U.S. Immigration and Customs Enforcement (ICE), from establishing or implementing any new immigration detention model. It also specifically forbids the establishment, operation, expansion, conversion, or renovation of warehouses, industrial facilities, tents, soft-sided structures, modular units, or similar buildings for housing, processing, or detaining individuals under civil immigration authority.
Section 1(c)
Prohibition on Funding and Mandated Transfer of Funds
This section explicitly prohibits the obligation or expenditure of any funds, regardless of when they were made available, for establishing, constructing, renovating, expanding, or operating any new immigration detention model or facility type specified in the bill. It also forbids reprogramming or transferring funds for these purposes. Crucially, it mandates that any funds previously obligated for these new immigration detention models must be transferred to "needed services such as affordable health care and housing."
Defines the term "expand" to include constructing, acquiring, leasing, retrofitting, modifying, renovating, or increasing the bed capacity of a detention facility.
Section 1(d)(4)
Why it matters:This is standard legislative practice to ensure clarity and prevent circumvention of the main operative provisions by precisely defining key terms.
Case for: Supporters would argue this comprehensive definition prevents DHS from circumventing the prohibition by making minor changes or reclassifying existing facilities as 'not new,' ensuring the spirit of the law is upheld.
Case against: Opponents might argue that such a broad definition could unduly restrict necessary maintenance, upgrades, or minor adjustments to existing facilities that are not intended to create 'new models' but are essential for safety or efficiency.
Estimated impact: Ensures that the prohibition on new immigration detention models cannot be bypassed through various forms of facility modification or capacity increase, thereby strengthening the bill's overall effect.