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Dem-backed 'dignity' bill could strip ICE of detention powers, erase immigration enforcement, critics warn

07 Dec 2025 By foxnews

Dem-backed 'dignity' bill could strip ICE of detention powers, erase immigration enforcement, critics warn

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After more than 120 House Democrats signed onto a bill from a top progressive lawmaker to seek what they define as "dignity" for federal immigration detainees, critics sounded the alarm that the legislation could forever transform how illegal immigrants are treated in the U.S.

Rep. Pramila Jayapal, D-Wash., is spearheading the Dignity for Detained Immigrants Act, along with fellow Evergreen State lawmaker Rep. Adam Smith, the top Democrat on the House Armed Services Committee. They say it would curb the "shocking surge" of allegedly wrongful detentions and inappropriate conditions, particularly at jails run by private companies under government contract.

Critics vociferously objected to that suggestion in exclusive comments to Fox News Digital Friday.

"This 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," members of the Day 1 Alliance, the main trade association representing longtime federal and state contractors in the criminal justice and immigration spaces, warned.

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Day 1 Alliance members said that, for more than three decades, both Republican and Democratic congresses and administrations have respected the "limited yet valued" role their members play in working toward a better immigration enforcement system.

The Dignity for Detained Immigrants Act would lead to the repeal of mandatory detention for those captured by Immigration and Customs Enforcement (ICE), according to a summary posted by Jayapal, and create a presumption of release, imposing a higher burden of proof to detain primary caregivers and "vulnerable populations."

It also would phase out the use of private detention centers, like those Day 1 Alliance members may work in or with, by about 2029.

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In apparent response to Democrats being iced out of ICE centers earlier in 2025, including a case in Newark, New Jersey, where Rep. LaMonica McIver, D-N.J., was accused of accosting officers, it also would mandate that the Department of Homeland Security admit members of Congress to detention facilities for unannounced inspections.

Another case in Baltimore involved that city's congressman, Democratic Rep. Kweisi Mfume, joining others downtown to protest to the press about not being allowed full access to the Charm City's Department of Homeland Security installation.

"Contractors operate under strict federal oversight and standards set by the U.S. Congress," Day 1 Alliance members told Fox News Digital of the implications about the proposed changes.

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"They 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."

The members said contractors work to provide humane housing, proper meals and quality medical care for all in their ward.

Jayapal said Thursday the Trump administration has caused a "shocking surge in the detention of people who have committed no crimes."

"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."

Smith added that the U.S. is witnessing "appalling conditions" and a "clear disregard for basic human rights" of detainees.

"No one should be subjected to overcrowded cells, denied medical care or held in facilities that profit off of human suffering," he said, echoing his Seattle neighbor in saying the bill would provide proper oversight.

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Homeland Security officials torched the new bill later Friday.

Assistant Secretary Tricia McLaughlin told Fox News Digital Jayapal's claims of overcrowding, mistreatment and wrongful detention are "false."

"ICE has higher detention standards than most U.S. prisons that hold actual U.S. citizens," she said. 

"It is a longstanding practice to provide comprehensive medical care from the moment an alien enters ICE custody," she continued. "This includes medical, dental and mental health intake screening within 12 hours of arriving at each detention facility, a full health assessment within 14 days of entering ICE custody or arrival at a facility and access to medical appointments and 24-hour emergency care. This is the best healthcare many aliens have received in their entire lives. Meals are certified by" dietitians.

McLaughlin added that ICE deaths in custody are at a rate of less than 1%, lower than any previous administration's record.

She praised House Speaker Mike Johnson's "big, beautiful bill" as the facilitator of ICE improving detention conditions since President Donald Trump took office.

"Ensuring the safety, security and well-being of individuals in our custody is a top priority at ICE," she said

A release from Jayapal's office cited a figure of 66,000 people detained since Trump took office and claimed nearly three-quarters did not have any criminal convictions, an assertion immigration officials have rejected.

There were 123 listed Democratic co-sponsors, including several lawmakers representing areas ICE and USBP have pinpointed for mass enforcement activities.

Rep. Alma Adams of Charlotte; Troy Carter of New Orleans; Steve Cohen of Memphis, Tennessee; Jesus Garcia of Chicago; Robin Kelly of Chicago; Bennie Thompson of Jackson, Mississippi; and Sydney Kamlager-Dove and Ted Lieu of Los Angeles are all among the bill's hundred-plus signatories.

Fox News Digital reached out to Jayapal, Smith and the Department of Homeland Security for additional comment on the pushback.

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