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HELP Separated Children Act

USA119th CongressS-4389| Senate 
| Updated: 4/27/2026
Tina Smith

Tina Smith

Democratic Senator

Minnesota

Cosponsors (17)
Mazie K. Hirono (Democratic)Tammy Duckworth (Democratic)Catherine Cortez Masto (Democratic)Edward J. Markey (Democratic)Kirsten E. Gillibrand (Democratic)Elizabeth Warren (Democratic)Amy Klobuchar (Democratic)Tim Kaine (Democratic)Jacky Rosen (Democratic)Chris Van Hollen (Democratic)Michael F. Bennet (Democratic)Patty Murray (Democratic)Bernard Sanders (Independent)Andy Kim (Democratic)Tammy Baldwin (Democratic)Peter Welch (Democratic)Richard Blumenthal (Democratic)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill, titled the "Humane Enforcement and Legal Protections for Separated Children Act" or "HELP Separated Children Act," seeks to safeguard children whose parents are subject to immigration enforcement actions. It requires the Department of Homeland Security (DHS) and cooperating entities to inquire about an individual's parental status shortly after apprehension and throughout their custody. This initial step ensures that the presence of children in the United States is promptly identified and documented. During immigration enforcement actions, apprehended parents must be given opportunities to arrange for their children's care and provided contact information for attorneys, consulates, and child welfare agencies. The bill prohibits excessive force or deception in the presence of children and ensures parents can communicate with their children if present during apprehension. Furthermore, it stipulates that parents should not be transferred until child care arrangements are made or facilitated by DHS, and they should be placed in detention facilities proximate to their children's residence to allow for visitation. Detention facilities are mandated to provide detainees with information about their protections and eligibility for release, and parents must have access to free, regular phone and video calls with their children. They are also guaranteed the opportunity to participate in family court proceedings and comply with child welfare orders. The bill requires access to travel document applications and notary services to secure children's records or guardianship agreements. The legislation establishes points of contact at each detention facility and a national coordinator within DHS to ensure compliance with child welfare plans and family court proceedings. It also directs the Secretary of Homeland Security to prioritize the exercise of prosecutorial discretion , considering the best interests of the child when making decisions about an individual's prosecution, transfer, release, or alternatives to detention. Finally, the bill mandates comprehensive training for all relevant DHS and cooperating entity personnel on these protections, including methods to minimize trauma to children. It also requires regular data collection and reporting on various metrics, such as the number of detained parents, their involvement with child welfare, and visitation statistics. In specific circumstances, the Secretary may facilitate the reentry of a removed parent to the United States for family court hearings, humanitarian needs, or to attend a child's funeral.
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Timeline
Apr 27, 2026
Introduced in Senate
Apr 27, 2026
Read twice and referred to the Committee on the Judiciary.
  • April 27, 2026
    Introduced in Senate


  • April 27, 2026
    Read twice and referred to the Committee on the Judiciary.

HELP Separated Children Act

USA119th CongressS-4389| Senate 
| Updated: 4/27/2026
This bill, titled the "Humane Enforcement and Legal Protections for Separated Children Act" or "HELP Separated Children Act," seeks to safeguard children whose parents are subject to immigration enforcement actions. It requires the Department of Homeland Security (DHS) and cooperating entities to inquire about an individual's parental status shortly after apprehension and throughout their custody. This initial step ensures that the presence of children in the United States is promptly identified and documented. During immigration enforcement actions, apprehended parents must be given opportunities to arrange for their children's care and provided contact information for attorneys, consulates, and child welfare agencies. The bill prohibits excessive force or deception in the presence of children and ensures parents can communicate with their children if present during apprehension. Furthermore, it stipulates that parents should not be transferred until child care arrangements are made or facilitated by DHS, and they should be placed in detention facilities proximate to their children's residence to allow for visitation. Detention facilities are mandated to provide detainees with information about their protections and eligibility for release, and parents must have access to free, regular phone and video calls with their children. They are also guaranteed the opportunity to participate in family court proceedings and comply with child welfare orders. The bill requires access to travel document applications and notary services to secure children's records or guardianship agreements. The legislation establishes points of contact at each detention facility and a national coordinator within DHS to ensure compliance with child welfare plans and family court proceedings. It also directs the Secretary of Homeland Security to prioritize the exercise of prosecutorial discretion , considering the best interests of the child when making decisions about an individual's prosecution, transfer, release, or alternatives to detention. Finally, the bill mandates comprehensive training for all relevant DHS and cooperating entity personnel on these protections, including methods to minimize trauma to children. It also requires regular data collection and reporting on various metrics, such as the number of detained parents, their involvement with child welfare, and visitation statistics. In specific circumstances, the Secretary may facilitate the reentry of a removed parent to the United States for family court hearings, humanitarian needs, or to attend a child's funeral.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Apr 27, 2026
Introduced in Senate
Apr 27, 2026
Read twice and referred to the Committee on the Judiciary.
  • April 27, 2026
    Introduced in Senate


  • April 27, 2026
    Read twice and referred to the Committee on the Judiciary.
Tina Smith

Tina Smith

Democratic Senator

Minnesota

Cosponsors (17)
Mazie K. Hirono (Democratic)Tammy Duckworth (Democratic)Catherine Cortez Masto (Democratic)Edward J. Markey (Democratic)Kirsten E. Gillibrand (Democratic)Elizabeth Warren (Democratic)Amy Klobuchar (Democratic)Tim Kaine (Democratic)Jacky Rosen (Democratic)Chris Van Hollen (Democratic)Michael F. Bennet (Democratic)Patty Murray (Democratic)Bernard Sanders (Independent)Andy Kim (Democratic)Tammy Baldwin (Democratic)Peter Welch (Democratic)Richard Blumenthal (Democratic)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted