LOCATE Act
- Sponsor
- Sen. Luján, Ben Ray [D-NM]
- Committees
- Judiciary Committee (primary)
- Last action
- Mar 4, 2026
Bottom line
The LOCATE Act aims to improve transparency and accountability in immigration detention by requiring timely and accurate updates to a public detainee locator system and notification of family members.
What it actually does
This bill, known as the LOCATE Act, mandates that U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) update the Online Detainee Locator System (ODLS) within specific timeframes following any custody event. It requires CBP to transfer information to ICE promptly upon detainee transfer and specifies the data points that must be included in the ODLS to ensure accuracy. Additionally, it directs the Department of Homeland Security's Inspector General to conduct annual audits of compliance and requires reasonable efforts to notify family or legal representatives of custody events.
Proponents argue
Supporters argue that the bill addresses a critical need for transparency and humanitarian concerns by ensuring that families and legal representatives can quickly locate individuals in immigration detention. They contend that timely updates to the ODLS and direct notification efforts will reduce distress for families, improve access to legal counsel, and enhance oversight of federal immigration agencies, preventing individuals from effectively disappearing within the system.
Opponents contend
Critics might argue that the strict timeframes for updating the ODLS (6 hours for CBP, 12 hours for ICE) and transferring information (4 hours for CBP) could impose significant administrative burdens and operational challenges on agencies already stretched thin. They may also raise concerns about potential security risks or privacy implications associated with the rapid dissemination of detainee location information, or the resources required to make "reasonable efforts" to notify family members.
The bill is very short and clear, allowing for quick comprehension by any interested reader.
Section 3(a)
Mandated Timely Updates for Detainee Location
This provision requires that the Online Detainee Locator System (ODLS) be updated within 6 hours of a custody event for individuals held by U.S. Customs and Border Protection (CBP), and within 12 hours for those held by U.S. Immigration and Customs Enforcement (ICE). A "custody event" includes initial intake, transfers, release, removal, death, or any other significant change in status affecting location or custody.
Supporters argue
Supporters argue this provision is crucial for human rights and due process, preventing individuals from being held incommunicado and ensuring families can quickly ascertain their loved ones' whereabouts. They believe it fosters accountability and reduces the emotional distress caused by lack of information.
Critics contend
Opponents might contend that the strict 6-hour and 12-hour deadlines are operationally challenging, especially in remote locations or during peak intake periods, potentially diverting resources from other critical security functions. They may argue that existing systems, while imperfect, are sufficient or that a more flexible approach is needed.
Tradeoffs
This provision balances the need for humanitarian transparency and family reunification against the operational realities and resource constraints of federal immigration enforcement agencies.
Section 3(b) and 3(c)
Enhanced Data Requirements and Inter-Agency Information Transfer
This section mandates that CBP provide all relevant biographical and custodial information to ICE within 4 hours when a detainee is transferred between the agencies, to ensure timely ODLS entry. It also specifies that the ODLS must include comprehensive data for each detainee, such as full name, date of birth, current facility address and contact, dates of apprehension and transfer, scheduled release/removal/transfer dates, and information regarding release, deportation, or death.
Section 4
Enforcement, Accountability, and Family Notification
This section requires the Department of Homeland Security's Inspector General (DHS IG) to conduct annual audits of CBP and ICE compliance with the ODLS update requirements and submit reports to Congress. Furthermore, it mandates that "reasonable efforts" be made to notify close family members or legal representatives of a detainee within 12 hours of a custody event, if their contact information is known.