---
title: HB 1401. Public Health, Department of; third-party audits of detention facilities that house federal immigration detainees; provide
collection: bills
id: 2025-2026/hb1401
cite_as: HB 1401, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1401
md_url: https://georgiacommons.org/bills/2025-2026/hb1401.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1401/text
source_url: https://www.legis.ga.gov/legislation/73443
date: 2026-02-24
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1401.md?full=1
bill_number: HB 1401
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-19
last_action: House Second Readers
sponsors:
- Eric Gisler
- Long Tran
- Gabriel Sanchez
- Eric Bell
- Samuel Park
- Ruwa Romman
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1401/2025
upstream_id: 2120631
summaries_model: claude-sonnet-5
topic_tags:
- immigration detention
- detention facility oversight
- public health department
- state audits
- detainee treatment
---
# HB 1401. Public Health, Department of; third-party audits of detention facilities that house federal immigration detainees; provide
## Text
House Bill 1401
By: Representatives Gisler of the 121st, Tran of the 80th, Sanchez of the 42nd, Bell of the 75th,
Park of the 107th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated,
relating to general provisions regarding the Department of Public Health, so as to provide for
third-party audits of detention facilities that house federal immigration detainees; to provide
for audit criteria; to provide for the selection of third-party auditors; to provide for reporting
and publishing of annual audits; to provide for access to detention facilities to conduct annual
audits; to provide for mechanisms to address a detention facility's substantial and ongoing
noncompliance with federal detention standards; to provide for rules and regulations; to
provide for construction; to provide for definitions; to provide for legislative findings; to
provide for purposes; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The General Assembly finds that:
(1) Individuals detained under federal authority in detention facilities within this state's
borders must be treated humanely and in compliance with federal detention standards;
(2) The federal government's primary responsibility for immigration detention does not
preclude the state from monitoring conditions of detention facilities that affect the health,
safety, and human rights of individuals held in such facilities; and
(3) Independent third-party audits consistent with federal detention standards provide a
necessary mechanism for transparency and accountability in the operation of detention
facilities.
SECTION 2.
The purposes of this Act are to:
(1) Establish an independent audit process for detention facilities holding persons under
federal immigration authority;
(2) Require detention facilities to demonstrate compliance with federal detention
standards;
(3) Provide mechanisms by which the state may condition state or local cooperation with
detention facilities on such facilities' compliance with federal detention standards; and
(4) Increase transparency in the operation of detention facilities while avoiding direct
regulation of the federal government by state or local entities.
SECTION 3.
Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to
general provisions regarding the Department of Public Health, is amended by revising Code
Section 31-2A-14, which is reserved, as follows:
"31-2A-14.
(a) As used in this Code section, the term:
(1) 'Detainee' means a noncitizen who is held in a detention facility pending immigration
proceedings or removal from the United States.
(2) 'Detention facility' means any facility located in this state that holds detainees.
(3) 'Federal detention standards' means the national detention standards published by
United States Immigration and Customs Enforcement, as revised in 2025.
(4) 'Third-party auditor' means an independent nonprofit corporation or other accredited
body experienced in the oversight of detention centers and federal detention standards.
(b) By October 1, 2026, the department shall:
(1) Establish audit criteria for detention facilities and the treatment of detainees based
on federal detention standards. Such criteria shall address:
(A) Health care and medical care;
(B) Sanitation and living conditions;
(C) Use of force and restraints;
(D) Access to legal counsel;
(E) Access to communication;
(F) Grievance procedures; and
(G) Overall compliance with federal detention standards.
(2) Select a third-party auditor to conduct an annual audit of each detention facility.
(c)(1) An annual audit performed pursuant to this Code section shall include:
(A) A written report that outlines the detention facility's areas of compliance and
deficiencies using the criteria established by the department under subsection (b) of this
Code section;
(B) Written recommendations for any corrective action; and
(C) A summary of the annual audit which shall protect the identity of any detainees.
(2) A copy of each annual audit under paragraph (1) of this subsection shall be provided
to the Governor, the Speaker of the House of Representatives, the President of the Senate,
and the Attorney General.
(3) All annual audit summaries prepared under subparagraph (C) of paragraph (1) of this
subsection and aggregate data prepared by the department showing compliance trends
based on the annual audits performed pursuant to this Code section shall be published on
the department's website.
(d) A detention facility shall grant to any third-party auditor selected by the department
to perform an annual audit under this Code section sufficient access to the detention facility
to enable such auditor to perform the annual audit.
(e)(1) If an annual audit of a detention facility reveals that such facility has substantial
and ongoing noncompliance with federal detention standards and poses a risk to the
health and safety of detainees of such facility, the state shall be authorized to:
(A) Withhold state funding and services from the detention facility;
(B) Prohibit or limit agreements between local law enforcement agencies and the
federal government that would place detainees in further harm; and
(C) Withhold state licenses or permits from the detention facility; provided, however,
that the state shall not withhold any licenses or permits in the exclusive control of the
federal government.
(2) Any action taken pursuant to paragraph (1) of this subsection shall be based on
written findings of the department, which shall include the specific deficiencies and
compliance issues documented in the detention facility's annual audits.
(f) Nothing in this Code section shall be construed as requiring state or local law
enforcement agencies to assist the federal government beyond the enforcement of federal
detention standards.
(g) The department shall promulgate such rules and regulations as may be necessary to
carry out the provisions of this Code section. Reserved."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia House bill would require the Department of Public Health to arrange independent annual audits of detention facilities that hold federal immigration detainees, with public reporting and potential penalties for facilities that fail to comply with federal detention standards.
### Plain-language summary
Georgia currently has no state process for checking on conditions inside detention facilities that hold people detained under federal immigration authority. This bill would create one. By October 1, 2026, the Department of Public Health would have to set audit criteria covering medical care, sanitation, use of force, access to legal counsel, communication, grievance procedures, and overall compliance with federal detention standards, and then select an independent third-party auditor to review each detention facility every year.
Each audit would produce a written report on compliance and deficiencies, recommendations for fixes, and a public summary that protects detainees' identities. Copies would go to the Governor, the House Speaker, the Senate President, and the Attorney General, and summaries and compliance trend data would be posted on the department's website. Facilities found to be substantially and ongoingly out of compliance could lose state funding, licenses, or cooperation agreements with local law enforcement, though the state could not withhold anything under exclusive federal control.
### What it does
- Directs the Department of Public Health to set audit criteria by October 1, 2026 covering medical care, sanitation, use of force, legal access, communication, and grievance procedures at detention facilities.
- Requires the department to select an independent third-party auditor to conduct an annual audit of every detention facility holding federal immigration detainees.
- Requires detention facilities to give auditors sufficient access to complete the annual audits.
- Requires audit summaries and department compliance trend data to be published on the department's website, while protecting detainee identities.
- Authorizes the state to withhold funding, licenses, or permits, and to limit local law enforcement agreements with the federal government, if a facility shows substantial and ongoing noncompliance with federal detention standards.
- Clarifies that the law does not require state or local law enforcement to assist the federal government beyond enforcing federal detention standards.
### Who it affects
This bill affects detention facilities in Georgia that house people detained under federal immigration authority, the detainees held there, the Department of Public Health, independent third-party auditors, local law enforcement agencies that partner with federal immigration authorities, and state officials including the Governor and Attorney General who receive audit reports.
### Why it matters
Detainees would gain an independent check on conditions like medical care, sanitation, and use of force, with results made public. Detention facilities could face loss of state funding, licenses, or local law enforcement cooperation if audits find serious, ongoing problems, changing how those facilities operate and are monitored day to day.
### Key provisions
- Section 3 adds new Code Section 31-2A-14, defining 'detainee,' 'detention facility,' 'federal detention standards' (ICE's 2025 national detention standards), and 'third-party auditor.'
- Subsection (b) requires the department to establish audit criteria and select a third-party auditor by October 1, 2026.
- Subsection (c) requires annual written audit reports, corrective action recommendations, and public summaries, with copies sent to top state officials.
- Subsection (d) requires detention facilities to give auditors sufficient access to perform the audits.
- Subsection (e) allows the state to withhold funding, licenses, or permits, or limit local-federal cooperation agreements, if a facility shows substantial ongoing noncompliance that risks detainee health and safety.
- Subsection (f) clarifies the law does not force state or local police to help federal immigration enforcement beyond enforcing detention standards.
- Subsection (g) directs the department to write rules and regulations to implement the section.
- Section 4 repeals conflicting laws.
## Status
- Status: Introduced (2026-02-19)
- Last action: House Second Readers (2026-02-24)
- Sponsors: Eric Gisler, Long Tran, Gabriel Sanchez, Eric Bell, Samuel Park, Ruwa Romman
- Official page: https://www.legis.ga.gov/legislation/73443
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1401.md?full=1