HB 1401: Public Health, Department of; third-party audits of detention facilities that house federal immigration detainees; provide

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.

• 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.

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.

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.

• 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.

1. 2026-02-24House Second Readers (Cámara de Representantes)
2. 2026-02-20House First Readers (Cámara de Representantes)
3. 2026-02-19House Hopper (Cámara de Representantes)

• Eric Gisler (D, HD-121)Patrocinador principal
• Long Tran (D, HD-080)
• Gabriel Sanchez (D, HD-042)
• Eric Bell (D, HD-075)
• Samuel Park (D, HD-107)
• Ruwa Romman (D, HD-097)

• immigration detention
• detention facility oversight
• public health department
• state audits
• detainee treatment