This bill, known as the KIDS Act, aims to significantly limit the Department of Homeland Security's (DHS) authority regarding the detention of vulnerable individuals and immigration enforcement at specific sites. It broadly prohibits DHS from detaining children , individuals with a cognitive disability , or their primary caregivers , defining a cognitive disability as a mental impairment substantially limiting major life activities. The legislation establishes a strong presumption against detaining primary caregivers, requiring DHS to provide clear and convincing evidence that their release is unreasonable or impracticable. If detention of a child or cognitively disabled individual is permitted under an exception, DHS must notify a parent or legal guardian and report the detention to Congress. Unlawfully detained individuals must be promptly released to a parent, designated caregiver, or child welfare authority, with decisions guided by the best interests of the child . Additionally, the bill prohibits immigration enforcement actions at, or within 1,000 feet of, a wide range of sensitive locations , including medical facilities, schools, places of worship, and courthouses, applying this restriction also to individuals traveling to or from such locations. The only exception to these limitations on detention and sensitive location enforcement is when actions are conducted pursuant to a court-issued criminal arrest warrant or criminal search warrant . For violations of the sensitive location prohibition, the bill outlines specific remedies: information obtained unlawfully cannot be used in removal proceedings, and individuals detained in violation must be released. Wrongfully detained persons are to be placed in Section 240 proceedings, where DHS must rebut the presumption of eligibility for release with clear and convincing evidence.
Read twice and referred to the Committee on the Judiciary.
KIDS Act
USA119th CongressS-4590| Senate
| Updated: 5/20/2026
This bill, known as the KIDS Act, aims to significantly limit the Department of Homeland Security's (DHS) authority regarding the detention of vulnerable individuals and immigration enforcement at specific sites. It broadly prohibits DHS from detaining children , individuals with a cognitive disability , or their primary caregivers , defining a cognitive disability as a mental impairment substantially limiting major life activities. The legislation establishes a strong presumption against detaining primary caregivers, requiring DHS to provide clear and convincing evidence that their release is unreasonable or impracticable. If detention of a child or cognitively disabled individual is permitted under an exception, DHS must notify a parent or legal guardian and report the detention to Congress. Unlawfully detained individuals must be promptly released to a parent, designated caregiver, or child welfare authority, with decisions guided by the best interests of the child . Additionally, the bill prohibits immigration enforcement actions at, or within 1,000 feet of, a wide range of sensitive locations , including medical facilities, schools, places of worship, and courthouses, applying this restriction also to individuals traveling to or from such locations. The only exception to these limitations on detention and sensitive location enforcement is when actions are conducted pursuant to a court-issued criminal arrest warrant or criminal search warrant . For violations of the sensitive location prohibition, the bill outlines specific remedies: information obtained unlawfully cannot be used in removal proceedings, and individuals detained in violation must be released. Wrongfully detained persons are to be placed in Section 240 proceedings, where DHS must rebut the presumption of eligibility for release with clear and convincing evidence.