Equal Detention Standards Act of 2025
The Equal Detention Standards Act of 2025 would require that the Federal Performance Based Detention Standards (FPBDS), published by the United States Marshals Service, apply to any immigration detention facility whenever the Secretary of Homeland Security enters into or renews a contract or agreement with an operator to detain individuals under immigration laws. In other words, in addition to any standards already required by the contract, facilities would have to adhere to FPBDS. The bill clarifies that these standards attach to facilities used to detain people under immigration law and would take effect upon enactment. The goal appears to be standardizing and strengthening the conditions and oversight of immigration detention by aligning them with federal detention performance standards.
Key Points
- 1Short title: This act may be cited as the “Equal Detention Standards Act of 2025.”
- 2Applicability: Applies to any agreement (new or renewed) between the Secretary of Homeland Security and a facility operator for operating an immigration detention facility.
- 3Standards to be applied: The Federal Performance Based Detention Standards (FPBDS) published by the U.S. Marshals Service must apply in addition to any contract-specific standards.
- 4Source of standards: FPBDS are those published by the United States Marshals Service; they are the benchmarks for detention facility operation.
- 5Effective date: The requirement applies beginning on the date of enactment of the act.