H.R. 10259 – DHS Community Consultation Act of 2026

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Updated September 4, 2026 at 9:21 AM UTC

The DHS Community Consultation Act of 2026 requires the Secretary of Homeland Security to engage local officials, community members, and public health authorities before constructing or leasing any facility used to detain people under immigration law. It adds a public meeting, a 60‑day comment period, and a duty to respond to feedback, and it bars construction in municipalities that have formally prohibited such facilities. The bill also sets health‑related protocols for disease outbreaks and bans converting non‑residential buildings or using military bases for detention.

Key Provisions

Before any new detention facility is built or leased, DHS must consult local governments, utility providers, community leaders, business leaders, health authorities, and emergency services.
DHS must assess impacts on healthcare, emergency services, community health, water and wastewater systems, power grids, and roads.
A public meeting must be held and a 60‑day comment period established, with DHS required to respond to the comments received.
If a local municipality issues an ordinance or moratorium prohibiting such construction, DHS cannot build the facility there.
DHS must work with local health officials to create protocols for treating, containing, and preventing contagious disease outbreaks in detention facilities, and must notify the community.
The Secretary may not retrofit or renovate existing non‑residential structures (e.g., warehouses) for detention purposes.
Detention facilities may not be constructed or operated on U.S. military installations.

Legislative Activity

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HouseIntro Referral Latest Action

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.

Judiciary Committee

September 3, 2026

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HouseIntro Referral

Introduced in House

September 3, 2026

HouseIntro Referral

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.

Judiciary Committee

September 3, 2026

Bill Text

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Introduced in HouseIssued September 3, 2026

I

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.

1.

Short title

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

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.

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).