Congresswoman Escobar Introduces Legislation Creating New Requirements for Immigration Detention Facilities

Today, Congresswoman Veronica Escobar (TX-16) introduced the DHS Community Consultation Act of 2026, a bill that would create new requirements for the Department of Homeland Security before building or establishing immigration detention facilities. “It’s far too easy for the federal government to create chaos and confusion and leave communities in the dark,” said Congresswoman Escobar. “Socorro and the greater El Paso region — along with other communities across the country — learned about DHS’s secretive plans to utilize warehouses to detain people only once it was too late. The federal government must respect and consult with local entities and stakeholders before making decisions that impact local economies and infrastructure, and my bill would prevent this from happening in the future.” “ El Paso County has played a pivotal role in raising awareness about local concerns and advocating for greater transparency in the construction of large-scale detention facilities,” said El Paso County Attorney Christina Sanchez. “The county has been compelled to initiate litigation in order to obtain basic information from the federal government about these projects. These actions underscore the importance of open dialogue and careful consideration when addressing the challenges presented by the development of mega detention facilities. The proposed DHS Community Consultation Act aims to empower communities by granting them a meaningful role in the decision-making process. As the Department of Homeland Security continues to advance these projects, there is an urgent call for the swift passage of this legislation to support community interests.” “Local communities deserve a voice in decisions that may affect their infrastructure, emergency services, public health, and overall quality of life,” said Socorro Mayor Rudy Cruz Jr. “The DHS Community Consultation Act of 2026 promotes transparency, accountability, and meaningful public participation before an immigration detention facility is constructed. I appreciate Congresswoman Escobar’s leadership in ensuring that local governments and residents are informed, consulted, and heard.” “Our communities have been subjected to an unprecedented expansion and growth of unaccountable and inhumane detention infrastructure,” said Fernando Garcia, Executive Director of the Border Network for Human Rights. “This includes the detention of children and families, the establishment of a mass detention facility in Ft. Bliss, a military facility, and makeshift encampments under international bridges. The latest attempt is the inhumane and irrational retrofitting of warehouses. For the Border Network for Human Rights (BNHR), the neglect to consult with communities, local leaders, and stakeholders remains a failure of our government to truly safeguard human dignity and life and allocate resources to truly support communities. It has led to irreparable human and civil rights violations that have stained our nation’s values. This piece of legislation by Congresswoman Escobar is a step forward to returning communities their voice. It supports the efforts being led by border communities to prevent the use of military facilities and the development of warehouses without appropriate consultation, accountability systems, and impact analysis. BNHR fully supports this bill and recognizes it as a step forward to larger accountability within our immigration system.” The DHS Community Consultation Act of 2026 would: Require the DHS Secretary to consult with local governments, elected officials and stakeholders before beginning construction or entering into any contract, including for purchase or lease of an existing facility, for the purposes of immigration detention Require DHS to determine the impacts an immigration detention facility may have on local emergency services, water and wastewater infrastructure, power grids, and roads Require DHS to hold public meetings and public comment periods for community members to provide feedback on the detention facility construction plans Require the DHS Secretary to coordinate with local public health authorities to establish protocols for treating contagious disease outbreaks, including plans for treatment, care, containment, and notifying the local community Prohibit DHS from retrofitting, renovating, or reconstructing an existing structure for immigration detention purposes if the structure was never intended to house people Prohibit DHS from constructing or operating any facility for immigration detention purposes on a military installation The DHS Community Consultation Act of 2026 continues Congresswoman Escobar’s record of fighting for communities like El Paso from unwanted, unaccountable intrusions by the Trump administration: In February, Congresswoman Escobar sent a letter to then-DHS Secretary Kristi Noem and then-Acting ICE Director Todd Lyons opposing the construction of additional immigration detention facilities in El Paso. During a House Appropriations subcommittee hearing for DHS in April , Congresswoman Escobar questioned then-Acting ICE Director Todd Lyons about the proposed use of pecan warehouses in Socorro for immigration detention. During a House Appropriations markup in June for the Fiscal Year 2027 Homeland Security Bill, Congresswoman Escobar provided an amendment to prohibit the design, construction, and operation of immigration detention facilities at military installations. This amendment was rejected by Republicans. During a House Appropriations markup in June for the Fiscal Year 2027 Defense Bill, Congresswoman Escobar offered an amendment to direct DoD to provide a report on the impact immigration detention facilities such as Camp East Montana have on military installations. Republicans rejected this amendment. In June, Congresswoman Escobar hosted Acting ICE Director David Venturella in El Paso and shared that the Trump administration would be scaling back its plans for the immigration detention center in Socorro. In June, Congresswoman Escobar questioned DHS Secretary Markwayne Mullin during a House Appropriations subcommittee hearing for DHS about the plan for the warehouses in Socorro. In August, Congresswoman Escobar announced that DHS had reversed its plans to use three warehouses in Socorro for immigration detention. The full text of the bill can be found here.