Introduced in House — H.R. 10259

119th CONGRESS

2d Session

H. R. 10259

IN THE HOUSE OF REPRESENTATIVES

September 3, 2026

Ms. Escobar introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To require the Secretary of Homeland Security to take certain actions before constructing a facility for purposes of detaining any person under the immigration laws, and for other purposes.

Section 1. Short title

This Act may be cited as the DHS Community Consultation Act of 2026.

Sec. 2. Requirements for constructing immigration detention facilities

(a) In general

Before beginning construction or entering into any contract, including for purchase or lease of an existing facility, for such construction on any facility for purposes of detaining any person under the immigration laws (as such term is defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101)), the Secretary of Homeland Security shall—

(1)

consult with—

(A)

local government and elected officials;

(B)

stakeholders, including—

(i)

representatives from any local utility companies;

(ii)

community leaders;

(iii)

business leaders; and

(iv)

advocates;

(C)

community members;

(D)

local public health authorities; and

(E)

emergency response services;

(2)

determine any impacts such facility may have on—

(A)

healthcare services;

(B)

emergency services;

(C)

community health;

(D)

local water and wastewater infrastructure, including impacts on water pressure and supply;

(E)

local electric power grids; and

(F)

roads;

(3)

hold a public meeting about such construction to provide community members with an opportunity to meet with representatives from the Department of Homeland Security, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement;

(4)

establish a 60-day period for public comment and review; and

(5)

respond to any such comments received during such period.

(b) Local government

If a local government of a municipality issues an ordinance, proclamation, moratorium, or any other official declaration prohibiting the construction of any facility for purposes of detaining any person under the immigration laws, the Secretary of Homeland Security may not construct such a facility in such municipality.

(c) Contagious disease protocols

The Secretary of Homeland Security shall coordinate with local public health authorities to establish, in the event of a contagious disease outbreak within a facility detaining any person under the immigration laws, protocols for—

(1)

treatment;

(2)

care;

(3)

containment;

(4)

prevention of further contagion; and

(5)

notifying the local community.

Sec. 3. Prohibitions on constructing immigration detention facilities

(a) Existing structures

The Secretary of Homeland Security may not retrofit, renovate, or reconstruct an existing structure for purposes of detaining any person under the immigration laws (as such term is defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101)) if such existing structure was not intended to house people, including a storage facility, warehouse, or commercial space.

(b) Military installations

The Secretary of Homeland Security may not construct or operate any facility for purposes of detaining any person under the immigration laws on a United States military installation (as defined in section 2801 of title 10, United States Code).