Immigration and Customs Enforcement (ICE) has revised its National Detention Standards for 2026. These changes focus on the conditions and rights of detainees within the immigration detention system. ICE’s latest update notably alters pay language for detainees and the control private operators have over detention facilities.
Key Changes in ICE Detention Standards
Among the major revisions is the removal of the requirement for detainees participating in work programs to receive at least $1 per day. According to the updated standards, “Detainee volunteers participating in the voluntary work program are not considered facility or government employees and are not entitled to wages or benefits under applicable wage laws or labor regulations.” This adjustment has attracted scrutiny as it impacts detainees’ abilities to receive payments for work completed during detention.
Legal Challenges Highlight Detainee Labor Issues
ICE and its contractors, such as GEO Group, face ongoing legal challenges regarding the compensation of detainees for essential work carried out at detention centers. Instances include lawsuits from several states where detainees claimed they were compensated approximately $1 per day for roles like cooking, cleaning, and maintenance.
A notable case in Washington State resulted in courts upholding more than $23 million in awards against GEO Group after detainees at the Tacoma detention center argued they were denied the state minimum wage. Similar disputes have reached the U.S. Supreme Court, such as a Colorado class-action case concerning the lack of payment for detainees at the Aurora facility.
Expanded ICE Authority Under New Standards
The new standards require detention facilities to accept all detainees assigned by ICE, centralizing control over detainee placement and limiting the discretion of private or local operators. Moreover, facilities must provide language-access services, expand disability-accommodation requirements, and revise disciplinary procedures involving mental health concerns. The policies now allow for certified facilities to prepare kosher and halal meals in-house.
Incorporation of AI and Enhanced Mental Health Regulations
A newly added language-access policy mandates the provision of interpretation and translation services for detainees with limited English proficiency. It includes limited use of artificial intelligence tools in noncritical situations. Additionally, new safeguards for segregation include issuing written orders and notifying ICE within 72 hours for placements. Facilities need to intensively monitor detainees with serious mental illness and remove them if conditions worsen.
The standards shorten the timeline for mental health evaluations from seven days to five and require transfers if a facility cannot adequately meet a detainee’s mental health or medical needs.
Operational Adjustments and Recordkeeping Requirements
Other changes permit electronic distribution of detainee handbooks with printed copies available upon request. There are new federal recordkeeping requirements necessitating indefinite retention in certain cases. ICE aims for these revisions to streamline operations, reduce administrative burdens, and align more closely with other federal systems.
ICE emphasizes that these changes resulted from consultations with various stakeholders, including facility operators responsible for implementing the standards. As of April 4, 2026, ICE held 60,311 individuals in detention, as reported by Transactional Records Access Clearinghouse data.
Role of Private Contractors in ICE Operations
Private contractors like Geo Group and CoreCivic are integral to ICE operations, managing a significant portion of the country’s immigration detention capacity through federal contracts. David Venturella, appointed to lead ICE in 2026, plays a crucial role in maintaining the agency’s relationship with private operators, given his extensive background in immigration enforcement and management experience at Geo Group.
Implications of the New Standards
The revisions represent substantial updates to ICE detention policy. They centralize decision-making within ICE, redefine detainee labor roles, and establish new operational requirements for detention facilities, affecting legal, administrative, and contractual dynamics within the immigration system.
“The Full List of Changes includes:
- Removal of detainee pay language ($1/day provision removed)
- Explicit statement that detainees are not employees
- Facilities must accept all detainees assigned by ICE
- New standalone language-access policy
- Limited use of AI translation/communication tools
- Expanded disability-accommodation requirements
- Changes to disciplinary procedures involving mental health
- New segregation and isolation oversight requirements
- Mental-health evaluations shortened from seven days to five
- Expanded recordkeeping requirements, including indefinite retention in some cases
These changes are likely to impact legal interpretations, contractor responsibilities, and the experiences of thousands of detained individuals.