Legis Daily

Children's Safe Welcome Act of 2026

USA119th CongressS-5071| Senate 
| Updated: 7/22/2026
Jeff Merkley

Jeff Merkley

Democratic Senator

Oregon

Cosponsors (17)
Mazie K. Hirono (Democratic)Tammy Duckworth (Democratic)Richard J. Durbin (Democratic)Edward J. Markey (Democratic)Kirsten E. Gillibrand (Democratic)Elizabeth Warren (Democratic)Amy Klobuchar (Democratic)Sheldon Whitehouse (Democratic)Jacky Rosen (Democratic)Martin Heinrich (Democratic)Michael F. Bennet (Democratic)Tina Smith (Democratic)Bernard Sanders (Independent)Brian Schatz (Democratic)Peter Welch (Democratic)Ron Wyden (Democratic)Richard Blumenthal (Democratic)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
The "Children's Safe Welcome Act of 2026" aims to establish comprehensive protections and standards for noncitizen children in immigration custody, prioritizing their best interests and family unity. It explicitly prohibits family separation unless a child welfare expert determines, based on clear and convincing evidence, an imminent threat to national security or serious harm to the child. The bill mandates that U.S. Customs and Border Protection (CBP) facilities employ licensed child caregiver professionals and limits CBP custody of noncitizen children to a maximum of 72 hours. Furthermore, it removes CBP officers from asylum processing for children, assigning this jurisdiction to U.S. Citizenship and Immigration Services (USCIS). The Act sets stringent standards for CBP facilities housing noncitizen children, requiring them to be safe, sanitary, and child-appropriate, including dedicated children's areas and outdoor recreation. It mandates comprehensive medical screenings within six hours of arrival, ensuring access to medication and necessary care, with documentation provided upon release. Staff must receive trauma-informed training, and age assessments for individuals claiming to be minors must be evidence-based, prohibiting certain methods and requiring legal counsel. These measures aim to ensure humane treatment and protect children from harm during initial apprehension. For unaccompanied noncitizen children in the custody of the Department of Health and Human Services (HHS), the bill requires placement in the least restrictive setting that approximates a family. It mandates a phase-out of large congregate care facilities (housing more than 25 individuals) within two years, prioritizing foster family care and specialized settings. The Act outlines detailed services, including comprehensive medical, mental health, education, and recreation provisions, along with robust case management to facilitate timely family reunification. Special considerations and support are provided for children with disabilities throughout their placement and release process. The bill strengthens due process protections, requiring administrative placement review hearings with neutral fact-finders and legal counsel for transfers to restrictive placements. It also establishes clear procedures and timelines for family reunification, prohibiting discriminatory sponsor requirements and ensuring administrative hearings for sponsorship denials. Upon release, children are to receive their complete case files, a 60-day supply of medication if prescribed, and voluntary post-release services, including assistance with school enrollment and healthcare access. For individuals turning 18 in custody, there is a presumption of release on recognizance and a post-18 program for continued support. To ensure justice, the Act mandates government-appointed legal counsel for all unaccompanied noncitizen children throughout their removal proceedings and expands child advocate services. A new, independent Office of the Ombudsperson for Unaccompanied Noncitizen Children is established within HHS, tasked with monitoring compliance, investigating complaints, and conducting site visits to all facilities. The bill also requires extensive data collection and public reporting by both DHS and ORR, while strictly prohibiting unauthorized information sharing between ORR and immigration enforcement agencies to protect children's and sponsors' privacy and prevent the misuse of sensitive data.
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Timeline

Bill from Previous Congress

S 117-4529
Children’s Safe Welcome Act of 2022

Bill from Previous Congress

S 118-4393
Children’s Safe Welcome Act of 2024
Jul 22, 2026

Latest Companion Bill Action

HR 119-9805
Referred to the Subcommittee on Border Security and Enforcement.
Jul 22, 2026
Introduced in Senate
Jul 22, 2026
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 117-4529
    Children’s Safe Welcome Act of 2022


  • Bill from Previous Congress

    S 118-4393
    Children’s Safe Welcome Act of 2024


  • July 22, 2026

    Latest Companion Bill Action

    HR 119-9805
    Referred to the Subcommittee on Border Security and Enforcement.


  • July 22, 2026
    Introduced in Senate


  • July 22, 2026
    Read twice and referred to the Committee on the Judiciary.

Immigration

Related Bills

  • HR 119-9805: Children’s Safe Welcome Act of 2026

Children's Safe Welcome Act of 2026

USA119th CongressS-5071| Senate 
| Updated: 7/22/2026
The "Children's Safe Welcome Act of 2026" aims to establish comprehensive protections and standards for noncitizen children in immigration custody, prioritizing their best interests and family unity. It explicitly prohibits family separation unless a child welfare expert determines, based on clear and convincing evidence, an imminent threat to national security or serious harm to the child. The bill mandates that U.S. Customs and Border Protection (CBP) facilities employ licensed child caregiver professionals and limits CBP custody of noncitizen children to a maximum of 72 hours. Furthermore, it removes CBP officers from asylum processing for children, assigning this jurisdiction to U.S. Citizenship and Immigration Services (USCIS). The Act sets stringent standards for CBP facilities housing noncitizen children, requiring them to be safe, sanitary, and child-appropriate, including dedicated children's areas and outdoor recreation. It mandates comprehensive medical screenings within six hours of arrival, ensuring access to medication and necessary care, with documentation provided upon release. Staff must receive trauma-informed training, and age assessments for individuals claiming to be minors must be evidence-based, prohibiting certain methods and requiring legal counsel. These measures aim to ensure humane treatment and protect children from harm during initial apprehension. For unaccompanied noncitizen children in the custody of the Department of Health and Human Services (HHS), the bill requires placement in the least restrictive setting that approximates a family. It mandates a phase-out of large congregate care facilities (housing more than 25 individuals) within two years, prioritizing foster family care and specialized settings. The Act outlines detailed services, including comprehensive medical, mental health, education, and recreation provisions, along with robust case management to facilitate timely family reunification. Special considerations and support are provided for children with disabilities throughout their placement and release process. The bill strengthens due process protections, requiring administrative placement review hearings with neutral fact-finders and legal counsel for transfers to restrictive placements. It also establishes clear procedures and timelines for family reunification, prohibiting discriminatory sponsor requirements and ensuring administrative hearings for sponsorship denials. Upon release, children are to receive their complete case files, a 60-day supply of medication if prescribed, and voluntary post-release services, including assistance with school enrollment and healthcare access. For individuals turning 18 in custody, there is a presumption of release on recognizance and a post-18 program for continued support. To ensure justice, the Act mandates government-appointed legal counsel for all unaccompanied noncitizen children throughout their removal proceedings and expands child advocate services. A new, independent Office of the Ombudsperson for Unaccompanied Noncitizen Children is established within HHS, tasked with monitoring compliance, investigating complaints, and conducting site visits to all facilities. The bill also requires extensive data collection and public reporting by both DHS and ORR, while strictly prohibiting unauthorized information sharing between ORR and immigration enforcement agencies to protect children's and sponsors' privacy and prevent the misuse of sensitive data.
View Full Text

Suggested Questions

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

Timeline

Bill from Previous Congress

S 117-4529
Children’s Safe Welcome Act of 2022

Bill from Previous Congress

S 118-4393
Children’s Safe Welcome Act of 2024
Jul 22, 2026

Latest Companion Bill Action

HR 119-9805
Referred to the Subcommittee on Border Security and Enforcement.
Jul 22, 2026
Introduced in Senate
Jul 22, 2026
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 117-4529
    Children’s Safe Welcome Act of 2022


  • Bill from Previous Congress

    S 118-4393
    Children’s Safe Welcome Act of 2024


  • July 22, 2026

    Latest Companion Bill Action

    HR 119-9805
    Referred to the Subcommittee on Border Security and Enforcement.


  • July 22, 2026
    Introduced in Senate


  • July 22, 2026
    Read twice and referred to the Committee on the Judiciary.
Jeff Merkley

Jeff Merkley

Democratic Senator

Oregon

Cosponsors (17)
Mazie K. Hirono (Democratic)Tammy Duckworth (Democratic)Richard J. Durbin (Democratic)Edward J. Markey (Democratic)Kirsten E. Gillibrand (Democratic)Elizabeth Warren (Democratic)Amy Klobuchar (Democratic)Sheldon Whitehouse (Democratic)Jacky Rosen (Democratic)Martin Heinrich (Democratic)Michael F. Bennet (Democratic)Tina Smith (Democratic)Bernard Sanders (Independent)Brian Schatz (Democratic)Peter Welch (Democratic)Ron Wyden (Democratic)Richard Blumenthal (Democratic)

Judiciary Committee

Immigration

Related Bills

  • HR 119-9805: Children’s Safe Welcome Act of 2026
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted