Democratic-Backed ‘Dignity’ Bill Raises Concerns Over ICE Detention Powers and Immigration Enforcement

More than 120 House Democrats have thrown their support behind controversial legislation that critics say could fundamentally alter the treatment of illegal immigrants in U.S. custody. The “Dignity for Detained Immigrants Act,” spearheaded by Rep. Pramila Jayapal (D-Wash.) and Rep. Adam Smith (D-Wash.), has sparked intense debate over immigration enforcement policies.

The bill aims to address what its supporters describe as “shocking surge” in wrongful detentions and poor conditions, particularly in facilities operated by private contractors. Among its key provisions, the legislation would repeal mandatory detention for those captured by Immigration and Customs Enforcement (ICE), create a presumption of release, impose higher burdens of proof to detain primary caregivers and “vulnerable populations,” and phase out private detention centers by approximately 2029.

Additionally, the bill would mandate that the Department of Homeland Security grant members of Congress access to detention facilities for unannounced inspections, a provision that appears to respond to recent incidents where Democratic lawmakers were denied full access to ICE facilities.

Industry representatives have voiced strong opposition to the proposed changes. The Day 1 Alliance, a trade association representing federal and state contractors in immigration and criminal justice, told Fox News Digital that the legislation “isn’t aimed at improving conditions for migrants navigating the U.S. immigration system. It would instead end the federal government’s ability to enforce immigration law entirely.”

The Alliance defended the role of contractors, emphasizing that they “operate under strict federal oversight and standards set by the U.S. Congress” and “do not make arrests, do not decide the length of detention and play no role in determining the legal status of individuals in their care.” Instead, they focus on providing “humane housing, proper meals and quality medical care” for detainees.

Department of Homeland Security officials strongly rejected the bill’s premises. Assistant Secretary Tricia McLaughlin called Jayapal’s claims of overcrowding, mistreatment, and wrongful detention “false,” stating that “ICE has higher detention standards than most U.S. prisons that hold actual U.S. citizens.”

“It is a longstanding practice to provide comprehensive medical care from the moment an alien enters ICE custody,” McLaughlin said, detailing that this includes medical screening within 12 hours, full health assessments within 14 days, and access to 24-hour emergency care. She added that ICE deaths in custody are at a rate of less than 1%, which she described as lower than any previous administration’s record.

Rep. Jayapal has countered that the Trump administration has caused a “shocking surge in the detention of people who have committed no crimes,” claiming that approximately 66,000 people have been detained since Trump took office, with nearly three-quarters having no criminal convictions – an assertion immigration officials dispute.

“As Trump has struck down legal pathways and made it nearly impossible to come to or stay in this country, even for those who have been here for decades, this will only continue to get worse,” Jayapal said. “We must pass this legislation to protect dignity and civil rights in America.”

Rep. Smith echoed these concerns, condemning what he described as “appalling conditions” and a “clear disregard for basic human rights” in detention facilities. “No one should be subjected to overcrowded cells, denied medical care or held in facilities that profit off of human suffering,” he stated.

The legislation has garnered support from 123 Democratic co-sponsors, including representatives from areas where ICE and U.S. Border Patrol have conducted significant enforcement operations, such as Charlotte, New Orleans, Memphis, Chicago, Jackson (Mississippi), and Los Angeles.

As the debate continues, the bill highlights deep divisions in approaches to immigration enforcement and detention policies, reflecting broader national disagreements over immigration reform and border security.