This bill, cited as Orlin's Law, seeks to establish comprehensive protections for dependent children whose parents are detained under immigration laws. It asserts that family unity should be considered a humanitarian benefit for parole decisions and that parental alien status should not negatively impact child custody determinations. The legislation aims to keep families together and ensure the well-being of children affected by parental detention. A core provision requires the Secretary of Homeland Security to inquire about an alien's parental status shortly after custody and regularly thereafter. If an alien is identified as a covered parent , they must be released unless an immigration judge finds, by clear and convincing evidence, an individualized risk to safety that cannot be mitigated by supervised release. In such cases, the least restrictive placement, including community-based supervision, must be determined. The bill grants detained parents specific rights, including free telephone calls to arrange child care, regular in-person visits, and daily phone and video calls with their children. It also restricts the transfer of detained parents to different U.S. Immigration and Customs Enforcement (ICE) areas of responsibility, unless exceptional circumstances or legal requirements dictate otherwise, to maintain proximity to their children's residence. Furthermore, the legislation ensures that detained parents have the opportunity to fully participate in family court proceedings, child welfare activities, and other matters impacting their custodial rights. This includes access to legal counsel, child welfare agencies, and necessary documents, as well as adequate time to make arrangements for their children's care and travel, especially in cases of removal. Immigration judges are also authorized to appoint counsel for covered parents during family integrity custody review proceedings. The bill establishes a presumption that parental rights remain intact if a dependent child is separated from a detained parent, unless a State court has terminated those rights. Such separation does not constitute an affirmative determination of abandonment, abuse, or neglect. For parents subject to removal, the Secretary must provide notice of their right to request removal with their dependent children to the same country. To oversee these protections, the bill establishes an Office of Detained Parent Coordination within ICE headquarters, led by a National Coordinator with child welfare experience. This office will serve as a subject-matter expert, collect data, assign field points of contact, and coordinate with various stakeholders to facilitate parents' participation in child welfare matters and ensure access to services. It also mandates training for DHS employees on these new protections. Additionally, the bill requires the establishment of a community-based case management program , outside of ICE's purview, to provide alternatives to detention and offer a continuum of support services like case management, social services, and legal aid. Quarterly reporting requirements are also instituted, detailing the number of detained parents, their participation in proceedings, and the placement of their children, with reports submitted to Congress. Finally, the bill provides remedies for violations, requiring the Secretary to facilitate reunification in the United States or assist with arrangements for the child to remain in the U.S. if a removed parent was not afforded the required protections. It also includes a savings clause to ensure compliance with existing laws and agreements related to child welfare and immigration.
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Timeline
Introduced in House
Referred to the House Committee on the Judiciary.
Introduced in House
Referred to the House Committee on the Judiciary.
Immigration
Orlin’s Law
USA119th CongressHR-9745| House
| Updated: 7/16/2026
This bill, cited as Orlin's Law, seeks to establish comprehensive protections for dependent children whose parents are detained under immigration laws. It asserts that family unity should be considered a humanitarian benefit for parole decisions and that parental alien status should not negatively impact child custody determinations. The legislation aims to keep families together and ensure the well-being of children affected by parental detention. A core provision requires the Secretary of Homeland Security to inquire about an alien's parental status shortly after custody and regularly thereafter. If an alien is identified as a covered parent , they must be released unless an immigration judge finds, by clear and convincing evidence, an individualized risk to safety that cannot be mitigated by supervised release. In such cases, the least restrictive placement, including community-based supervision, must be determined. The bill grants detained parents specific rights, including free telephone calls to arrange child care, regular in-person visits, and daily phone and video calls with their children. It also restricts the transfer of detained parents to different U.S. Immigration and Customs Enforcement (ICE) areas of responsibility, unless exceptional circumstances or legal requirements dictate otherwise, to maintain proximity to their children's residence. Furthermore, the legislation ensures that detained parents have the opportunity to fully participate in family court proceedings, child welfare activities, and other matters impacting their custodial rights. This includes access to legal counsel, child welfare agencies, and necessary documents, as well as adequate time to make arrangements for their children's care and travel, especially in cases of removal. Immigration judges are also authorized to appoint counsel for covered parents during family integrity custody review proceedings. The bill establishes a presumption that parental rights remain intact if a dependent child is separated from a detained parent, unless a State court has terminated those rights. Such separation does not constitute an affirmative determination of abandonment, abuse, or neglect. For parents subject to removal, the Secretary must provide notice of their right to request removal with their dependent children to the same country. To oversee these protections, the bill establishes an Office of Detained Parent Coordination within ICE headquarters, led by a National Coordinator with child welfare experience. This office will serve as a subject-matter expert, collect data, assign field points of contact, and coordinate with various stakeholders to facilitate parents' participation in child welfare matters and ensure access to services. It also mandates training for DHS employees on these new protections. Additionally, the bill requires the establishment of a community-based case management program , outside of ICE's purview, to provide alternatives to detention and offer a continuum of support services like case management, social services, and legal aid. Quarterly reporting requirements are also instituted, detailing the number of detained parents, their participation in proceedings, and the placement of their children, with reports submitted to Congress. Finally, the bill provides remedies for violations, requiring the Secretary to facilitate reunification in the United States or assist with arrangements for the child to remain in the U.S. if a removed parent was not afforded the required protections. It also includes a savings clause to ensure compliance with existing laws and agreements related to child welfare and immigration.