CA Bill to Fine Immigration Detention Centers Over Safety, Health Violations
California Bill Aims to Increase Oversight of Immigration Detention Centers
California lawmakers are moving forward with legislation designed to improve conditions and increase accountability at immigration detention facilities within the state. Senate Bill 995, dubbed the Masuma Khan Justice Act, would establish a system of fines and potential license suspensions or revocations for facilities failing to meet minimum health and safety standards.
The bill, announced Friday by California State Senator Sasha Renée Pérez (D-Pasadena), comes amid growing concerns about the treatment of detainees and a series of reports detailing inadequate care and inhumane conditions. According to a report released last year by California Attorney General Rob Bonta, six private immigration detention facilities in the state exhibited serious deficiencies, including inadequate medical and mental health care, insufficient suicide prevention protocols and a lack of transparency regarding use-of-force practices.
SB 995 aims to empower state authorities to conduct inspections and enforce compliance with state health and safety standards. Detention center operators would be required to address any identified deficiencies or face civil penalties of up to $25,000 per day for each violation. The legislation extends beyond immigration facilities, also applying to juvenile halls, state hospitals, and secure treatment centers, though the impetus for the bill stems from the issues plaguing immigration detention centers.
“This legislation is grounded in a simple principle: If detention centers operate in California, they must meet California standards for safety, dignity and human rights,” Pérez said. “In California we will not allow people to suffer behind closed doors without oversight, without transparency and without justice.”
The bill is named after Masuma Khan, an immigrant from Bangladesh and a survivor of the 2018 Camp Fire, who was detained last October at the California City Detention Facility. Khan’s case drew national attention after a federal judge ordered her release, citing concerns about the conditions at the facility, which is the subject of a federal class-action lawsuit alleging inhumane treatment.
Khan has described being kept in frigid conditions, lacking adequate food, clothing, and access to necessary medication during her month-long detention. Her daughter, Riya Khan, expressed fear for her mother’s safety during that time.
The move to increase oversight comes as the number of deaths in Immigration and Customs Enforcement (ICE) custody continues to rise. At least 33 people died while in ICE custody last year, with some of those deaths occurring at facilities in California. Senator Pérez stated that at least 10 people have died in ICE custody so far this year.
Recent deaths have highlighted the concerns surrounding conditions at facilities like the Adelanto ICE Processing Center. The death of Alberto Gutierrez-Reyes, a Mexican national who died in January after repeated pleas for medical help were allegedly ignored, has fueled calls for greater accountability. Ismael Ayala-Uribe and Gabriel Garcia-Aviles, both Mexican immigrants, also died at the Adelanto facility last year after falling ill.
U.S. Representative Judy Chu, who has inspected detention facilities across the country, described the conditions as “vile, abhorrent and totally unacceptable.” She alleged that detainees are often denied basic necessities, including medication, and that private prison facilities prioritize profit over the well-being of those in their care.
Currently, there are at least six immigration detention facilities in California, some of which have been reopened to accommodate a surge in detainees. Nationally, there are 68,289 immigrants in detention centers, with approximately 74% having no criminal convictions, according to data from TRAC, a data research organization. Many of those with convictions have been charged with minor offenses, such as traffic violations.
The Department of Homeland Security recently stated that approximately 70% of those arrested by ICE have been convicted or charged with a crime in the United States. A Los Angeles Times analysis found similar figures for arrests in Los Angeles, with about 45% of those arrested having a criminal conviction and an additional 14% facing pending charges.
Advocates, including Angelica Salas, executive director of the Coalition for Humane Immigrant Rights (CHIRLA), argue that the state has a responsibility to utilize its policing powers to ensure basic necessities, care, and safety for those held in detention centers. Hector Villagra of the Mexican American Legal Defense and Educational Fund stated that SB 995 is carefully crafted to be constitutional and does not infringe on federal authority, focusing instead on establishing basic standards for air and food quality, temperature, occupancy, and fire safety.
Senator Pérez anticipates the bill will begin the legislative process by mid-May.