This bill establishes comprehensive regulations for the operation of immigration detention facilities within the state, specifically prohibiting contracts with private corporations for profit-driven detention of immigrants involved in civil immigration proceedings. It mandates that all such facilities be under civilian control and operated or regulated by the state, unless federally managed. The bill requires that any contracts for detention comply with the 2011 Operations Manual ICE Performance-Based National Detention Standards and include the state as a party, necessitating approval from the attorney general. Additionally, it guarantees detainees access to legal representation and medical care, prohibits the detention of U.S. citizens, and restricts the use of facilities for mass deportation.
Moreover, the bill introduces a new provision that prevents the governor from deploying the National Guard to immigration detention facilities without prior consent from the executive council, ensuring oversight in the use of state resources for immigration enforcement. The bill is set to take effect on January 1, 2026, and while it does not allocate funding or authorize new positions, it may lead to increased expenditures for the Department of Justice based on the number of enforcement actions initiated. The bill also inserts new legal language regarding the handling of civil cases in the Superior Court, with the potential for an increase in civil cases, although the fiscal impact on the Department of Corrections is clarified as nonexistent since it does not detain immigrants or receive related funding.