Short-Term Holding Facility Standards Restoration Act.
- Sponsor
- Rep. Stanton, Greg [D-AZ-4]
- Committees
- Judiciary Committee (primary)
- Last action
- Apr 28, 2026
Bottom line
This bill seeks to codify strict time limits and humane standards for temporary detention in ICE holding facilities, aiming to prevent prolonged custody and improve detainee welfare.
What it actually does
This bill establishes a strict 12-hour limit for detention in U.S. Immigration and Customs Enforcement (ICE) holding facilities, allowing exceptions only for specific, temporary circumstances like medical emergencies or transportation delays. It mandates humane conditions within these facilities, including regular meals, access to drinking water, and a safe environment. Furthermore, it requires detailed documentation for any prolonged custody and annual reporting to Congress, alongside periodic audits by the Department of Homeland Security Inspector General.
Proponents argue
Proponents argue that the bill restores ICE's original intent for holding facilities as short-term processing centers, preventing the inhumane conditions and welfare issues associated with prolonged detention. They emphasize that the 12-hour limit, with reasonable exceptions, ensures consistency with prior agency guidance and upholds basic human dignity for individuals in custody.
Opponents contend
Opponents might argue that the 12-hour limit is overly restrictive and could hinder ICE's operational flexibility, especially in areas with limited resources or during surges in border crossings. They may contend that it could lead to increased costs for more rapid transfers or alternative housing, potentially creating logistical challenges that compromise effective immigration enforcement and national security.
The bill is very concise and can be read quickly, allowing ample time for a thorough evaluation of its provisions.
Section 3
12-Hour Limit on Custody in Holding Facilities
This section mandates that ICE holding facilities can only be used for short-term custody, defined as not exceeding 12 hours. It outlines specific "exceptional circumstances" where this limit can be exceeded, such as medical emergencies, natural disasters, transportation delays, or other urgent operational conditions determined by the Secretary of Homeland Security.
Supporters argue
Supporters argue this provision is crucial for restoring the original purpose of holding facilities and preventing the documented harms of prolonged detention in unsuitable environments. They contend that the exceptions provide necessary flexibility for unforeseen events.
Critics contend
Critics may argue that this strict time limit could create immense logistical burdens for ICE, especially in remote areas or during periods of high intake, potentially leading to premature releases or unsafe transfers. They might also contend that the "exceptional circumstances" clause could be broadly interpreted, undermining the intent of the limit.
Tradeoffs
Balances the welfare of detainees by limiting time in temporary facilities against the operational flexibility and resource constraints of ICE, which may need more time for processing, transfers, or finding suitable long-term detention options.
Section 4
Mandatory Humane Conditions in Holding Facilities
This section requires the Secretary of Homeland Security to ensure that all ICE holding facilities are safe, clean, equipped with restroom facilities, and free of potential weapons. It also mandates that detainees receive a meal every 6 hours, and minors, pregnant women, and breastfeeding women receive immediate access to meals, snacks, milk, and juice. Additionally, all detainees must have constant access to drinking water in their rooms.
Section 5
Documentation and Compliance for Prolonged Detention
This section requires the Secretary of Homeland Security to ensure that any instance of a detainee being held in an ICE holding facility for longer than short-term custody (i.e., beyond 12 hours or an exceptional circumstance) is contemporaneously documented. These records must be retained for five years for oversight, audit, and reporting purposes.
Section 6
Annual Reports and Inspector General Audits
This section mandates that the Secretary of Homeland Security submit an annual report to Congress. This report must detail the number of detainees held beyond short-term custody, the duration of such custody, the justification for each instance, and any corrective actions taken. Additionally, the Inspector General of the Department of Homeland Security is required to perform periodic audits of ICE holding facilities and records to ensure compliance with the Act.