Democrats' 'Dignity' Bill Would Repeal Mandatory ICE Detention — Critics Say It Could Weaken Enforcement

Dignity for Detained Immigrants Act Sparks Intense Debate

More than 120 House Democrats have signed onto the Dignity for Detained Immigrants Act, a bill led by Rep. Pramila Jayapal (D-Wash.) and Rep. Adam Smith (D-Wash.) that would remove mandatory detention for many people in Immigration and Customs Enforcement (ICE) custody, create a presumption of release for certain groups, and begin phasing out privately run detention centers by roughly 2029.

What the Bill Would Do

According to the bill summary released by Jayapal's office, the legislation would:

• Repeal mandatory detention provisions that currently require detention for certain immigration-related cases.
• Establish a presumption of release and raise the legal standard needed to detain primary caregivers and other so-called "vulnerable populations."
• Phase out contracts with private detention centers on a schedule that would effectively end their use by about 2029.
• Require the Department of Homeland Security to allow members of Congress unannounced access to immigration detention facilities for inspections.

Supporters' Case

Jayapal and Smith say the bill responds to what they describe as a "shocking surge" in wrongful detentions and widespread mistreatment, particularly in privately run facilities. Jayapal's office cites a figure of 66,000 people detained since President Trump took office and asserts that nearly three-quarters of those detained had no criminal convictions — a statistic the office says underscores the need to protect civil rights and preserve detainee dignity.

Pramila Jayapal: "We must pass this legislation to protect dignity and civil rights in America."

Adam Smith: "No one should be subjected to overcrowded cells, denied medical care or held in facilities that profit off human suffering."

Critics' Response

Industry groups and Homeland Security officials sharply dispute the bill's premises and potential effects. The Day 1 Alliance, representing longtime federal and state contractors in the detention and criminal justice space, warned the measure would "end the federal government's ability to enforce immigration law entirely," and emphasized that contractors do not make arrests, set detention lengths or adjudicate legal status.

Day 1 Alliance representatives told reporters that contractors operate under federal oversight and standards set by Congress and that their work provides housing, meals and medical care for those in custody.

DHS Pushback

Assistant Secretary Tricia McLaughlin told reporters the bill is based on inaccurate claims about conditions in ICE custody. She said ICE enforces detention standards that are higher than many U.S. prisons, described comprehensive medical intake and assessment policies, and noted that reported deaths in ICE custody are under 1% — a figure she said compares favorably to prior administrations.

Tricia McLaughlin, DHS: "Ensuring the safety, security and well-being of individuals in our custody is a top priority at ICE."

Political Context and Next Steps

There are more than a hundred Democratic co-sponsors backing the legislation, representing districts where ICE and U.S. Border Patrol have recently conducted enforcement operations. Supporters see the bill as a needed correction to recent detention practices; opponents frame it as a threat to the federal government's ability to manage immigration enforcement. Congressional debate and committee review are expected to follow as lawmakers weigh oversight, civil-rights concerns, and enforcement priorities.

Note: The bill's statistics and characterizations (including the 66,000 figure and the share without criminal convictions) are disputed by immigration officials; readers should consider statements from both advocates and federal agencies as the legislative process unfolds.