[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3894 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 3894

  To prohibit the Department of Homeland Security from constructing, 
    acquiring, renovating, or operating any new processing site or 
  detention center without providing a mechanism for public comments 
regarding such activity, entering into a signed, written agreement with 
  appropriate State and local officials, and providing Congress with 
                    advance notice of such activity.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 23, 2026

  Mrs. Shaheen (for herself and Ms. Hassan) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To prohibit the Department of Homeland Security from constructing, 
    acquiring, renovating, or operating any new processing site or 
  detention center without providing a mechanism for public comments 
regarding such activity, entering into a signed, written agreement with 
  appropriate State and local officials, and providing Congress with 
                    advance notice of such activity.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Respect for Local Communities Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate local government officials.--The term 
        ``appropriate local government officials'' means--
                    (A) the mayor, county executive, or equivalent 
                elected official of the town, city, county or other 
                local jurisdiction in which a new processing facility 
                or detention center will be located; and
                    (B) a majority of the town council, city council, 
                county council, county commission, or equivalent 
                legislative authority in which a new processing 
                facility or detention center will be located.
            (2) New processing site or detention center.--The term 
        ``new processing site or detention center'' means any facility 
        operated by, or pursuant to a contract with, U.S. Immigration 
        and Customs Enforcement, including any facility designed under 
        the Detention Reengineering Initiative, that, beginning on or 
        after the date of the enactment of this Act, will be used to 
        temporarily hold persons pending the resolution or completion 
        of immigration removal operations or processes.

SEC. 3. REQUIREMENTS FOR NEW ICE PROCESSING SITES AND DETENTION 
              CENTERS.

    The Department of Homeland Security or any other Federal agency may 
not initiate the construction, acquisition, renovation, or operation 
of, or otherwise acquire an interest in real property to be used as, a 
new processing site or detention center for U.S. Immigration and 
Customs Enforcement until--
            (1) the relevant Federal agency issues a public notice in 
        the Federal Register that--
                    (A) is open for public comments for a period 
                lasting at least 30 days;
                    (B) describes the scope of the construction, 
                acquisition, renovation, or operation;
                    (C) includes information regarding such agency's 
                due diligence process, which shall explain how such 
                agency will comply with--
                            (i) Federal guidance and standards related 
                        to immigration detention; and
                            (ii) applicable environmental regulations;
                    (D) includes any other information or documentation 
                relevant to such new processing site or detention 
                center; and
                    (E) includes an economic impact analysis and an 
                engineering review that addresses the site or center's 
                waste exportation, water usage, and electrical demand;
            (2) after the conclusion of the public comment period, the 
        head of the relevant Federal agency--
                    (A) considers and responds to significant comments 
                received in accordance with subchapter II of chapter 5 
                of title 5, United States Code; and
                    (B) enters into a signed, written agreement with 
                appropriate local government officials and the Governor 
                of the State in which such processing site or detention 
                center will be located that authorizes such 
                construction, acquisition, renovation, or operation, as 
                applicable; and
            (3) at least 30 days has elapsed since the head of the 
        relevant Federal agency submitted a report to the Committee on 
        Homeland Security and Governmental Affairs of the Senate, the 
        Committee on Appropriations of the Senate, the Committee on the 
        Judiciary of the Senate, the Committee on Homeland Security of 
        the House of Representatives, the Committee on Appropriations 
        of the House of Representatives, and the Committee on the 
        Judiciary of the House of Representatives regarding such 
        planned construction, acquisition, renovation, or operation 
        that includes a fully executed copy of the agreement described 
        in paragraph (2).
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