Homeland Security Committee, Border Security and Enforcement Subcommittee, Judiciary Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
The Children's Safe Welcome Act of 2026 aims to significantly enhance the protection and welfare of noncitizen children in immigration custody by establishing new standards and oversight mechanisms. It seeks to reform the treatment of both accompanied and unaccompanied noncitizen children by the Department of Homeland Security (DHS) and the Department of Health and Human Services (HHS). A core provision of the bill is the prohibition on family separation , allowing it only under narrow, expert-determined circumstances of imminent threat to national security or the child's safety. It mandates the presence of licensed child caregiver professionals at U.S. Customs and Border Protection (CBP) facilities and requires non-adversarial asylum processing for children under the jurisdiction of U.S. Citizenship and Immigration Services, not CBP. The bill sets strict standards for CBP detention, limiting custody to 72 hours for noncitizen children and families, and prioritizing the child's best interests and family unity. CBP facilities housing children must be safe, sanitary, and include dedicated child-friendly areas, comprehensive medical screenings within six hours, and access to appropriate food, hygiene, and recreation. For children in HHS custody, the Act requires childcare facilities to be State-licensed and maintained as nonsecure. It mandates specific staffing ratios for case managers and Federal field specialists, along with comprehensive training on trauma-informed care, child development, and cultural sensitivity for all personnel. Children in HHS care are entitled to a wide array of services, including medical and mental health care, education, recreation, counseling, and acculturation support. The bill emphasizes placement in the least restrictive setting that approximates a family, prioritizing foster family care and minimizing transfers between facilities. Special considerations are given to children with disabilities, ensuring access to appropriate services and prioritizing their release to sponsors. The bill establishes rigorous procedures for placing children in restrictive settings, requiring administrative review hearings with legal counsel and a neutral fact-finder, and strictly prohibiting placement in secure facilities. Family reunification efforts by the Office of Refugee Resettlement (ORR) must be active, continuous, and adhere to established timelines, with a preference for release to parents, legal guardians, or adult relatives. Sponsor assessments must be non-discriminatory, and prospective sponsors are afforded a hearing process if their application is denied. In emergencies or influxes, the bill limits the use of temporary influx facilities to a maximum of 20 days and sets standards for their operation and staffing. It also requires ORR to plan for expanding licensed foster care homes to eliminate the need for such facilities. The Act mandates legal orientation presentations and legal representation at government expense for all unaccompanied noncitizen children throughout their removal proceedings. It also calls for the appointment of independent child advocates for vulnerable children and improvements to immigration courts, including hiring more judges and support staff. A central feature is the establishment of an independent Ombudsperson within HHS, tasked with monitoring compliance, investigating complaints of abuse or neglect, and conducting site visits to facilities. The Ombudsperson has broad authority, including subpoena power, and must issue annual public reports on implementation and compliance. Extensive data collection and reporting requirements are imposed on both DHS and HHS to ensure transparency and oversight, with all real-time data accessible to the Ombudsperson. The bill includes enforcement mechanisms such as facility audits, civil actions for noncompliance, and penalties for interference or retaliation against those reporting violations. The legislation explicitly prohibits discrimination against noncitizen children based on race, religion, gender identity, sexual orientation, or disability, and outlines responsibilities for care providers to ensure fair and inclusive treatment. Crucially, it establishes strict information sharing and data protection rules, ensuring children's and sponsors' records are kept separate from immigration enforcement and require informed consent for disclosure. Finally, the bill clarifies that its provisions do not limit, abrogate, or modify the existing protections and rights afforded to children under the Flores settlement agreement .
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
The Children's Safe Welcome Act of 2026 aims to significantly enhance the protection and welfare of noncitizen children in immigration custody by establishing new standards and oversight mechanisms. It seeks to reform the treatment of both accompanied and unaccompanied noncitizen children by the Department of Homeland Security (DHS) and the Department of Health and Human Services (HHS). A core provision of the bill is the prohibition on family separation , allowing it only under narrow, expert-determined circumstances of imminent threat to national security or the child's safety. It mandates the presence of licensed child caregiver professionals at U.S. Customs and Border Protection (CBP) facilities and requires non-adversarial asylum processing for children under the jurisdiction of U.S. Citizenship and Immigration Services, not CBP. The bill sets strict standards for CBP detention, limiting custody to 72 hours for noncitizen children and families, and prioritizing the child's best interests and family unity. CBP facilities housing children must be safe, sanitary, and include dedicated child-friendly areas, comprehensive medical screenings within six hours, and access to appropriate food, hygiene, and recreation. For children in HHS custody, the Act requires childcare facilities to be State-licensed and maintained as nonsecure. It mandates specific staffing ratios for case managers and Federal field specialists, along with comprehensive training on trauma-informed care, child development, and cultural sensitivity for all personnel. Children in HHS care are entitled to a wide array of services, including medical and mental health care, education, recreation, counseling, and acculturation support. The bill emphasizes placement in the least restrictive setting that approximates a family, prioritizing foster family care and minimizing transfers between facilities. Special considerations are given to children with disabilities, ensuring access to appropriate services and prioritizing their release to sponsors. The bill establishes rigorous procedures for placing children in restrictive settings, requiring administrative review hearings with legal counsel and a neutral fact-finder, and strictly prohibiting placement in secure facilities. Family reunification efforts by the Office of Refugee Resettlement (ORR) must be active, continuous, and adhere to established timelines, with a preference for release to parents, legal guardians, or adult relatives. Sponsor assessments must be non-discriminatory, and prospective sponsors are afforded a hearing process if their application is denied. In emergencies or influxes, the bill limits the use of temporary influx facilities to a maximum of 20 days and sets standards for their operation and staffing. It also requires ORR to plan for expanding licensed foster care homes to eliminate the need for such facilities. The Act mandates legal orientation presentations and legal representation at government expense for all unaccompanied noncitizen children throughout their removal proceedings. It also calls for the appointment of independent child advocates for vulnerable children and improvements to immigration courts, including hiring more judges and support staff. A central feature is the establishment of an independent Ombudsperson within HHS, tasked with monitoring compliance, investigating complaints of abuse or neglect, and conducting site visits to facilities. The Ombudsperson has broad authority, including subpoena power, and must issue annual public reports on implementation and compliance. Extensive data collection and reporting requirements are imposed on both DHS and HHS to ensure transparency and oversight, with all real-time data accessible to the Ombudsperson. The bill includes enforcement mechanisms such as facility audits, civil actions for noncompliance, and penalties for interference or retaliation against those reporting violations. The legislation explicitly prohibits discrimination against noncitizen children based on race, religion, gender identity, sexual orientation, or disability, and outlines responsibilities for care providers to ensure fair and inclusive treatment. Crucially, it establishes strict information sharing and data protection rules, ensuring children's and sponsors' records are kept separate from immigration enforcement and require informed consent for disclosure. Finally, the bill clarifies that its provisions do not limit, abrogate, or modify the existing protections and rights afforded to children under the Flores settlement agreement .
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.