Immigration and Customs Enforcement (ICE) has updated the guidelines for its extensive immigration detention system. The changes involve removing pay provisions for detainees, adjusting legal constraints for private facilities, and enhancing federal control over detainee allocation. These are part of ICE’s revised National Detention Standards for 2026, amidst ongoing legal battles over detainee labor practices aligned with the immigration enforcement agenda of the Trump administration.

A key revision eliminates prior language requiring that detainees in work programs earn at least $1 daily. According to the new document, individuals volunteering for the work program are not recognized as facility or government employees. Thus, they are not entitled to compensation or benefits under wage laws or labor regulations. This change occurs as ICE faces scrutiny due to increased enforcement, larger detention populations, and continued court challenges regarding the role of detainee labor in privately managed facilities.

Labor Lawsuits Under Spotlight

ICE and its contractors face lawsuits over claims that detainees received little to nothing for necessary work in detention centers. The GEO Group, a prominent private contractor for ICE, has been involved in legal actions across various states. Detainees claim they were paid approximately $1 a day for tasks like cooking, cleaning, and maintenance. In Washington State, courts upheld awards exceeding $23 million against the company, following allegations from Tacoma detention center detainees of being unlawfully denied the state minimum wage.

The matter extended to the U.S. Supreme Court, which permitted a longstanding Colorado class-action to proceed in February 2026, denying GEO’s attempt for an immediate appeal. The lawsuit alleges that detainees at the Aurora facility performed essential work for minimal to no pay. This case raises questions about the accountability of private contractors managing federal immigration facilities under state labor and federal forced-labor laws.

Expansion of ICE’s Authority

The updated standards mandate that detention centers accept all detainees assigned by ICE, removing any refusal rights for contractors. This adjustment centralizes decision-making over detainee placement within ICE, reducing private or local operators’ flexibility. Additionally, the standards now require facilities to offer language-access services, extend disability-accommodation requirements, revise mental health-related disciplinary processes, and permit on-site preparation of kosher and halal meals based on religious guidelines.

New Standards and Policies

A stand-alone language-access policy mandates free interpretation and translation services for detainees with limited English proficiency. The policy also allows using artificial intelligence tools in non-critical scenarios, marking AI’s first formal integration in detention management. Enhanced guidelines address the use of segregation, requiring facilities to issue written orders for placements, notify ICE within 72 hours, and institute monitoring measures for detainees with serious mental illnesses, along with mandated removal if their condition worsens.

The timeline for mental health evaluations has been reduced from seven days to five, and facilities must seek transfers if unable to meet a detainee’s medical or mental health needs. DHS stated that ICE continually seeks to enhance detention facilities to provide optimal care to individuals in their custody.

Further amendments include the electronic distribution of detainee handbooks, with printed versions available on demand, and new federal recordkeeping obligations that in some instances require indefinite retention. These changes aim to streamline operations, minimize administrative loads, and harmonize detention policies with other federal systems. ICE reportedly incorporated input from various stakeholders, including facility operators, to determine the final standards.

Transactional Records Access Clearinghouse reports that as of April 4, 2026, ICE detained 60,311 people.

Role of Private Contractors

Private contractors remain vital to ICE operations. GEO Group and CoreCivic handle a substantial portion of the nation’s immigration detention capacity through federal contracts. These contracts cover facility management, transport services, and electronic monitoring programs. In 2026, David Venturella was appointed to lead ICE. He previously held a senior executive role at the GEO Group before rejoining government service in 2025, where he oversaw detention contracts and played a pivotal role in ICE’s dealings with private operators managing numerous facilities.

Broader Implications of the Changes

The revisions amount to a significant update of ICE detention policy, centralizing agency authority, redefining detainee labor, and setting new operational standards across the detention network. By removing pay language, refining facility obligations, and formalizing rules on language access, health care, segregation, and records, ICE reshapes detention’s distinction between custody and labor. The effects are set to resonate through legal settings, contractor operations, and for thousands of detainees within the system.

Summary of Key Changes

• Elimination of detainee pay language ($1/day provision removed).
• Explicit definition that detainees are not employees.
• Requirement for facilities to accept all detainees assigned by ICE.
• Introduction of a standalone language-access policy.
• Restricted use of AI for translation and communication tools.
• Enhanced disability-accommodation requirements.
• Revised disciplinary procedures related to mental health.
• New oversight requirements for segregation and isolation.
• Mental health evaluation timeline shortened from seven days to five.
• Expanded recordkeeping requirements, potentially including indefinite retention.