S. 3894

119 S3894 IS: Respect for Local Communities Act
 U.S. Senate
 2026-02-23
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 II  119th CONGRESS  2d Session  S. 3894  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.
1.
Short title
This Act may be cited as the   Respect for Local Communities Act  .
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.
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).