S.Amdt. 5531

The amendment, known as the Oversight, Protection, and Enforcement Notification Act (or OPEN Act), aims to add a new title to the bill focused on Immigration Enforcement Transparency.

Its purpose is to increase accountability and protect civil rights through the following changes:

• Oversight and Access: It grants Members of Congress unrestricted, unannounced access to all immigration detention facilities and requires the Secretary of Homeland Security to ensure detainees have access to legal counsel, faith leaders, and family.

• Reporting and Accountability: It mandates the public reporting of incidents involving excessive force, sexual misconduct, or the mistaken detention of U.S. citizens. It also establishes confidential grievance processes for detainees and requires the removal of staff found to have used excessive force.

• Detainee Protections: It sets specific requirements for notifying family members of a detention, providing medical and mental health services, and establishing strict safety and notification standards for the transport and transfer of detainees.

• Facility Standards: It places limits on converting existing buildings into detention centers unless they meet strict safety standards, undergo independent audits, and provide transparency to state and local officials.

• Legal Requirements: It prohibits arrests or detentions without a judicially enforceable warrant from a confirmed judge and restricts the use of administrative warrants for entering private residences, except in cases involving a danger to the public or flight risks.

• Administrative Changes: It requires the reconstitution of the Office for Civil Rights and Civil Liberties with an independent reporting structure.