Legis Daily

PROKID Act

USA119th CongressS-5093| Senate 
| Updated: 7/22/2026
Kirsten E. Gillibrand

Kirsten E. Gillibrand

Democratic Senator

New York

Cosponsors (1)
Richard J. Durbin (Democratic)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
The "Protection of Kids in Immigrant Detention Act," or PROKID Act, establishes an independent Office of the Ombudsperson for Immigrant Children in Immigration Custody within the Department of Health and Human Services. This office is tasked with endorsing the principle that family separation and detention are generally not in a child's best interest. When detention is necessary, the Ombudsperson will ensure children are held in the least restrictive settings and advocate for their quick, safe, and efficient release. The Ombudsperson, who must have demonstrated experience in immigration law and child advocacy, will monitor compliance with all applicable federal and state laws, regulations, and standards, including the Flores settlement agreement . This involves frequent, unannounced site visits to facilities, especially influx and unlicensed ones. The office will also investigate issues such as claims of abuse, neglect, mistreatment, lack of access to legal counsel, and complaints regarding custody conditions or sexual abuse. Key duties include providing oversight of placement review panels, offering individual case assistance for long-pending cases, and establishing regional offices to address local challenges. The Ombudsperson is granted unobstructed access to all facilities, staff, and relevant information, including case files and policies, and has subpoena authority to obtain necessary documentation. The office must also establish reporting mechanisms, such as a toll-free number and email, and submit annual reports to Congress detailing its findings and recommendations. The Act mandates comprehensive data collection by the Office of Refugee Resettlement (ORR) and the Department of Homeland Security (DHS) on immigrant children in custody, covering demographics, location, and time-to-release metrics. This data will be regularly reviewed by the Ombudsperson and publicly published monthly by ORR, with strict privacy protections to prevent its use for immigration enforcement. An Expert Advisory Committee will also be established to assist the Ombudsperson in identifying trends, conducting investigations, and ensuring compliance with laws and standards. Furthermore, the bill requires a Memorandum of Understanding between the Ombudsperson and the Secretary of Homeland Security to coordinate oversight and ensure the Ombudsperson's access to DHS facilities and real-time child data. An Interagency Working Group , comprising representatives from various federal agencies, will also be established to discuss concerns related to immigrant children. The bill explicitly states that its provisions do not limit existing rights under the Flores settlement agreement, reinforcing protections for immigrant children in custody.
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Timeline

Bill from Previous Congress

S 117-382
PROKID Act

Bill from Previous Congress

S 118-3323
PROKID Act
Jul 22, 2026
Introduced in Senate
Jul 22, 2026
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 117-382
    PROKID Act


  • Bill from Previous Congress

    S 118-3323
    PROKID Act


  • July 22, 2026
    Introduced in Senate


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

Immigration

PROKID Act

USA119th CongressS-5093| Senate 
| Updated: 7/22/2026
The "Protection of Kids in Immigrant Detention Act," or PROKID Act, establishes an independent Office of the Ombudsperson for Immigrant Children in Immigration Custody within the Department of Health and Human Services. This office is tasked with endorsing the principle that family separation and detention are generally not in a child's best interest. When detention is necessary, the Ombudsperson will ensure children are held in the least restrictive settings and advocate for their quick, safe, and efficient release. The Ombudsperson, who must have demonstrated experience in immigration law and child advocacy, will monitor compliance with all applicable federal and state laws, regulations, and standards, including the Flores settlement agreement . This involves frequent, unannounced site visits to facilities, especially influx and unlicensed ones. The office will also investigate issues such as claims of abuse, neglect, mistreatment, lack of access to legal counsel, and complaints regarding custody conditions or sexual abuse. Key duties include providing oversight of placement review panels, offering individual case assistance for long-pending cases, and establishing regional offices to address local challenges. The Ombudsperson is granted unobstructed access to all facilities, staff, and relevant information, including case files and policies, and has subpoena authority to obtain necessary documentation. The office must also establish reporting mechanisms, such as a toll-free number and email, and submit annual reports to Congress detailing its findings and recommendations. The Act mandates comprehensive data collection by the Office of Refugee Resettlement (ORR) and the Department of Homeland Security (DHS) on immigrant children in custody, covering demographics, location, and time-to-release metrics. This data will be regularly reviewed by the Ombudsperson and publicly published monthly by ORR, with strict privacy protections to prevent its use for immigration enforcement. An Expert Advisory Committee will also be established to assist the Ombudsperson in identifying trends, conducting investigations, and ensuring compliance with laws and standards. Furthermore, the bill requires a Memorandum of Understanding between the Ombudsperson and the Secretary of Homeland Security to coordinate oversight and ensure the Ombudsperson's access to DHS facilities and real-time child data. An Interagency Working Group , comprising representatives from various federal agencies, will also be established to discuss concerns related to immigrant children. The bill explicitly states that its provisions do not limit existing rights under the Flores settlement agreement, reinforcing protections for immigrant children in custody.
View Full Text

Suggested Questions

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

Timeline

Bill from Previous Congress

S 117-382
PROKID Act

Bill from Previous Congress

S 118-3323
PROKID Act
Jul 22, 2026
Introduced in Senate
Jul 22, 2026
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 117-382
    PROKID Act


  • Bill from Previous Congress

    S 118-3323
    PROKID Act


  • July 22, 2026
    Introduced in Senate


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

Kirsten E. Gillibrand

Democratic Senator

New York

Cosponsors (1)
Richard J. Durbin (Democratic)

Judiciary Committee

Immigration

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