For Our Republic Act

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 5238 Introduced in Senate (IS)]

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119th CONGRESS 2d Session S. 5238

To preserve the democratic republic of the United States from the overreach of authoritarian tactics.

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IN THE SENATE OF THE UNITED STATES

August 4, 2026

Mr. Merkley (for himself, Ms. Duckworth, and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

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A BILL

To preserve the democratic republic of the United States from the overreach of authoritarian tactics.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``For Our Republic Act''. (b) Table of Contents.--The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents. TITLE I--DEFEND THE REFEREES

101. Inspectors General Independence Act. TITLE II--PROTECT THE INDEPENDENT, NONPARTISAN CIVIL SERVICE

201. Reduction in Force Review Act. 202. Agency reorganization. TITLE III--CELEBRATE ONE NATION, INDIVISIBLE

301. ICE Out of Our Faces Act. 302. Accountability for unlawful immigration enforcement actions. 303. Prohibition on racial profiling. TITLE IV--REAFFIRM EQUAL JUSTICE UNDER LAW

Subtitle A--Children's Safe Welcome Act of 2026

401. Short title. 402. Definitions. 403. Rule of construction. PART I--Procedures and Temporary Placements Following Apprehension

411. Prohibition on family separation. 412. Protections for noncitizen children. 413. Nonadversarial asylum processing for noncitizen children. 414. Standards for U.S. Customs and Border Protection detention of noncitizen children. 415. Standards for U.S. Customs and Border Protection facilities housing noncitizen children. 416. Modification of term ``asylum officer'' to exclude officers of U.S. Customs and Border Protection. PART II--Standards for Department of Health and Human Services Custody of Unaccompanied Noncitizen Children

subpart a--standards for foster care homes and childcare facilities

420. Operation of foster care homes and childcare facilities. 421. Notice of rights. 422. Staffing and training. subpart b--services for unaccompanied noncitizen children

423. Required services. 424. Evaluation for disability. 425. Education. 426. Recreation. subpart c--placement of children

427. Phasing out large congregate care facilities. 428. Least restrictive setting. 429. Foster family care. 430. Additional requirements relating to children with disabilities and children with mental health needs. 431. Minimizing transfers. 432. Restrictive placements. 433. Judicial review of placement. subpart d--family reunification and standards relating to sponsors

434. Family reunification efforts by Office of Refugee Resettlement. 435. Standards relating to sponsors. 436. Special considerations relating to release of children with disabilities. subpart e--release

437. Procedures for release. 438. Post-release services. 439. Individuals attaining 18 years of age. 440. Custody review by Ombudsperson. PART III--Emergencies and Influxes

441. Sense of Congress. 442. Definitions. 443. Placement. 444. Planning for emergencies and influxes. 445. Influx facility standards and staffing. 446. Monitoring and oversight. PART IV--Legal Representation for Unaccompanied Noncitizen Children

451. Legal orientation presentations and legal screenings. 452. Legal representation. PART V--Appointment of Child Advocates and Improvements to Immigration Courts

461. Appointment of child advocates. 462. Immigration court improvements. PART VI--Oversight, Monitoring, and Enforcement

471. Office of the Ombudsperson for Unaccompanied Noncitizen Children in Immigration Custody. 472. Data collection and reporting. 473. Enforcement. 474. Protection from retaliation. 475. Mandatory access to detention facilities for Members of Congress. PART VII--Nondiscrimination

476. Fair and equal treatment. 477. Responsibilities of care providers. PART VIII--Information Sharing and Data Protection

481. Separation of records. 482. Prohibition on use for denial of relief or in removal proceedings. 483. Disclosure. 484. Prohibition on information sharing. 485. Counseling records. 486. Data protection for sponsors. Subtitle B--Real Courts, Rule of Law Act of 2026

491. Short title. 492. Establishment and structure of the United States Immigration Courts. 493. Employees. 494. Budget and expenditures. 495. Annual report. 496. Application date; transitional provisions. 497. Institutional transfer; continuity of proceedings. 498. Review by the Judicial Conference; consultation requirements. 499. Technical and conforming provisions. TITLE V--STRENGTHEN FREE SPEECH

501. Broadcast Freedom and Independence Act of 2025. TITLE VI--REASSERT CONGRESS'S POWER OF THE PURSE

601. Prohibition on rescissions. 602. East Wing Modernization Project. TITLE VII--FIGHT GOVERNMENT CORRUPTION

701. Bribery, graft, and conflicts of interest. 702. Ethics and conduct for the President and Vice President. 703. Bringing Executive Accountability, Clarity, and Oversight Now (BEACON) Act. 704. Transparency in the Administration's Business Opportunities Act (TABOO Act). 705. End Prediction Market Corruption Act. 706. End Crypto Corruption Act. 707. Stop Corrupt Gratuities Act. 708. Change Corruption Act. 709. Stop Trading on Predictions and Corrupt Bets Act. 710. Prohibit Partisan Park Passes Act. 711. Prohibition on use of funds by GSA. TITLE VIII--ENSURE LIBERTY AND JUSTICE FOR ALL

801. Disclosure of directives and inquiries from the Executive Office of the President to the Department of Justice. 802. Prohibition on payments from judgment fund without congressional approval. TITLE IX--PREVENT AUTHORITARIAN POLICING TACTICS ON AMERICA'S STREETS

901. Preventing Authoritarian Policing Tactics on America's Streets Act. 902. Insurrection Act of 2026. TITLE X--SAFEGUARD FREE AND FAIR ELECTIONS

Subtitle A--Fraudulent Artificial Intelligence Regulations (FAIR) Elections Act

1011. Short title. 1012. Prohibition on false AI-generated election media. 1013. Prohibition on removal of names from voting rolls using unverified voter challenge databases. 1014. Private right of action against Federal Government for use of Federal data in determining eligibility to vote. 1015. GAO study and report. 1016. Severability. Subtitle B--Election Interference and Law Enforcement at Polls

1021. Election interference and law enforcement at polls.

TITLE I--DEFEND THE REFEREES

SEC. 101. INSPECTORS GENERAL INDEPENDENCE ACT.

Section 403(a) of title 5, United States Code, is amended by inserting after the first sentence the following: ``The President may not nominate an individual to serve as an Inspector General if the individual is serving as a political appointee, as defined in section 9803, as of the date of the nomination or if the individual has previously served as a political appointee under such President. The position of Inspector General shall not be considered a political appointee for purposes of this subsection.''.

TITLE II--PROTECT THE INDEPENDENT, NONPARTISAN CIVIL SERVICE

SEC. 201. REDUCTION IN FORCE REVIEW ACT.

Chapter 8 of title 5, United States Code, is amended-- (1) in section 801(a)(1)(A)-- (A) in clause (ii), by striking ``and'' at the end; (B) in clause (iii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iv) if the rule relates to a reduction in force at the Federal agency that is authorized under subchapter I of chapter 35, a detailed justification for the reduction in force, which shall include-- ``(I) the specific reasons for the reduction in force; ``(II) the anticipated impact of the reduction in force on the employees and operations of the Federal agency; ``(III) any alternatives to the reduction in force that the Federal agency considered, including the reasons that the Federal agency rejected those alternatives; ``(IV) a summary of the consultations that the Federal agency has held with-- ``(aa) employees of the Federal agency who will be affected by the reduction in force; and ``(bb) representatives of the employees described in item (aa); and ``(V) a summary of how the reduction in force will impact employees of the Federal agency who are veterans.''; and (2) by amending section 804(3) to read as follows: ``(3) The term `rule'-- ``(A) has the meaning given the term in section 551; and ``(B) includes-- ``(i) a rule or order relating to a reduction in force at a Federal agency that is authorized under subchapter I of chapter 35; and ``(ii) any significant action by a Federal agency that substantially affects the rights or obligations of non-Federal agency parties, such as a workforce restructuring, office closure, or other action by a Federal agency that has a material impact on the employees or operations of the Federal agency.''.

SEC. 202. AGENCY REORGANIZATION.

(a) Agency Defined.--In this section, the term ``agency''-- (1) means each authority of the Government of the United States, whether or not it is within or subject to review by another agency; and (2) does not include-- (A) the Congress; (B) the courts of the United States; (C) the governments of the territories or possessions of the United States; or (D) the government of the District of Columbia. (b) Prohibition.--An agency may only be dissolved, restructured, merged with another agency, or altered, including alterations with respect to the purpose or mission of the agency, with the express consent of Congress.

TITLE III--CELEBRATE ONE NATION, INDIVISIBLE

SEC. 301. ICE OUT OF OUR FACES ACT.

(a) Definitions.--In this section: (1) Biometric surveillance system.--The term ``biometric surveillance system'' means computer software that performs facial recognition or other biometric recognition in real time or on a recording or photograph. (2) Covered immigration officer.--The term ``covered immigration officer'' means any individual who is-- (A) authorized to perform immigration enforcement functions; and (B)(i) an officer, employee, agent, contractor, or subcontractor of U.S. Customs and Border Protection; (ii) an officer, employee, agent, contractor, or subcontractor of U.S. Immigration and Customs Enforcement; or (iii) an individual authorized, deputized, or designated to perform immigration enforcement functions pursuant to section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)). (3) Facial recognition.--The term ``facial recognition'' means an automated or semi-automated process that-- (A) assists in identifying an individual, capturing information about an individual, matching an individual to a list or otherwise generating or assisting in generating surveillance or identification information about an individual based on the physical characteristics of the individual's face; or (B) logs characteristics of an individual's face, head, or body to infer emotion, associations, activities, or the location of an individual. (4) Other biometric recognition.--The term ``other biometric recognition''-- (A) means an automated or semi-automated process that-- (i) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the characteristics of the individual's gait or other immutable characteristic ascertained from a distance; (ii) uses voice recognition technology; or (iii) logs characteristics referred to in clause (i) or (ii) to infer emotion, associations, activities, or the location of an individual; and (B) does not include identification based on fingerprints or palm prints not ascertained from a distance. (5) Voice recognition technology.--The term ``voice recognition technology'' means an automated or semi-automated process that assists in identifying or verifying an individual based on the characteristics of an individual's voice. (b) Prohibition on the Use of Biometric Surveillance by U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection.-- (1) In general.--It shall be unlawful for any covered immigration officer to acquire, possess, access, or use in the United States-- (A) any biometric surveillance system; or (B) information derived from a biometric surveillance system operated by another entity. (2) Biometric data deletion.--All information collected by a covered immigration officer for use in, or derived from, a biometric surveillance system, including information collected before the date of the enactment of this Act, shall be deleted not later than 30 days after the date of the enactment of this Act. (3) Judicial investigations and proceedings.-- (A) Admissibility.--Except in a judicial investigation or proceeding alleging a violation of this section, information obtained in violation of this section is not admissible by the Federal Government in any criminal, civil, administrative, or other investigation or proceeding. (B) Cause of action.-- (i) In general.--A violation of this section constitutes an injury to any individual aggrieved by such violation. (ii) Right to sue.--An individual aggrieved by a violation of this section may institute proceedings against the Federal Government whose covered immigration officer is alleged to have violated this section for the relief described in clause (iv) in any court of competent jurisdiction. (iii) Enforcement by state attorneys general.--The chief law enforcement officer of a State, or any other State officer authorized by law to bring actions on behalf of the residents of a State, may bring a civil action, as parens patriae, on behalf of the residents of such State in an appropriate district court of the United States to enforce this section, whenever the chief law enforcement officer or other State officer determines the interests of the residents of such State have been or are being threatened or adversely affected by a violation of this section. (iv) Relief.--In a civil action authorized under clause (ii) in which the plaintiff prevails, the court may award-- (I) actual damages; (II) punitive damages; (III) reasonable attorneys' fees and costs; and (IV) any other relief, including injunctive relief, that the court determines to be appropriate. (4) Civil penalties.--Any covered immigration officer who violates this section may be subject to retraining, suspension, termination, or any other penalty, as determined in an appropriate tribunal, and subject to applicable due process requirements. (5) Rule of construction.--Nothing in this section may be construed to preempt or supersede any Federal, State, or local law absent actual conflict with the limitations on covered immigration officers imposed by this section.

SEC. 302. ACCOUNTABILITY FOR UNLAWFUL IMMIGRATION ENFORCEMENT ACTIONS.

(a) Short Title.--This section may be cited as the ``ICE and CBP Constitutional Accountability Act''. (b) Findings.--Congress finds the following: (1) The First, Fourth, Fifth, and Fourteenth Amendments to the Constitution of the United States were passed by Congress and ratified by the State legislatures to ensure the protection of fundamental rights for the people of the United States. (2) U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection officers and agents have undermined the fundamental rights guaranteed by those amendments, including-- (A) violating due process; (B) racial profiling based on individuals' skin color and languages spoken; (C) conducting unreasonable and warrantless searches and seizures; and (D) violating individuals' rights to privacy and free speech. (3) The recent and ongoing reckless conduct by U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection has resulted in needless injuries, deaths, and public distrust of the Federal Government. (4) Civil suits provide individuals a remedy when their fundamental rights are violated by Government officials. (c) Civil Remedy for Victims of Unlawful Immigration Enforcement Actions.--Section 2674 of title 28, United States Code, is amended by inserting after ``punitive damages.'' the following: ``If, while acting under color of law, an officer or agent of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, or any other person acting under the direction of any such officer or agent, subjects, or causes to be subjected, any individual within the jurisdiction of the United States to the deprivation of any rights, privileges, or immunities secured by the United States Constitution or laws, the United States Government shall be liable to the aggrieved party in an action at law, a suit in equity, or any other proper proceeding for redress, regardless of whether a policy or custom of the Department of Homeland Security caused the violation and without regard to whether the officer, agent or other person was acting consistent with an official policy, practice, or custom. Monetary damages awarded in cases authorized under this paragraph shall be derived from amounts appropriated under title IX and sections 100051 and 100052 of Public Law 119-21 and, if such amounts have been depleted, from amounts appropriated pursuant to section 1304 of title 31. The requirement set forth in section 2675(a) shall not apply to a civil action authorized under this paragraph. Notwithstanding any other provision of law, in cases authorized under this paragraph, a plaintiff may seek punitive damages. This paragraph shall constitute a waiver of sovereign immunity of the United States with respect to U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement for any claim brought under this section. Nothing in this paragraph may be construed to limit or preclude any legal, equitable, or other remedy that is otherwise available against an individual officer, agent, or other person.''.

SEC. 303. PROHIBITION ON RACIAL PROFILING.

(a) Definitions.--In this section: (1) Law enforcement agency.--The term ``law enforcement agency'' means any Federal, State, local, or Tribal public agency engaged in the prevention, detection, or investigation of violations of criminal, immigration, or customs laws. (2) Law enforcement agent.--The term ``law enforcement agent'' means any Federal, State, local, or Tribal official responsible for enforcing criminal, immigration, or customs laws, including police officers and other agents of a law enforcement agency. (3) Racial profiling.--The term ``racial profiling'' means the practice of a law enforcement agent or agency relying, to any degree, on actual or perceived race, ethnicity, national origin, religion, gender, gender identity, or sexual orientation in selecting which individual to subject to routine or spontaneous investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial investigatory procedure, except when there is trustworthy information, relevant to the locality and timeframe, that links a person with a particular characteristic described in this paragraph to an identified criminal incident or scheme. (4) Routine or spontaneous investigatory activities.--The term ``routine or spontaneous investigatory activities'' means the following activities by a law enforcement agent: (A) Interviews. (B) Traffic stops. (C) Pedestrian stops. (D) Frisks and other types of body searches. (E) Consensual or nonconsensual searches of the persons, property, or possessions (including vehicles) of individuals using any form of public or private transportation, including motorists and pedestrians. (F) Data collection and analysis, assessments, and predicated investigations. (G) Inspections and interviews of entrants into the United States that are more extensive than those customarily carried out. (H) Immigration-related workplace investigations. (b) Prohibition.--No law enforcement agent or law enforcement agency shall engage in racial profiling. (c) Enforcement.--The United States, or an individual injured by racial profiling, may enforce this title in a civil action for declaratory or injunctive relief, filed either in a State court of general jurisdiction or in a district court of the United States.

TITLE IV--REAFFIRM EQUAL JUSTICE UNDER LAW

Subtitle A--Children's Safe Welcome Act of 2026

SEC. 401. SHORT TITLE.

This subtitle may be cited as the ``Children's Safe Welcome Act of 2026''.

SEC. 402. DEFINITIONS.

In this subtitle: (1) Best interests of the child.--With respect to an accompanied noncitizen child or unaccompanied noncitizen child, the term ``best interests of the child'' means a consideration, informed to the extent practicable by the child and the parents or guardian and extended family of the child, that takes into account-- (A) the safety and well-being of the child; (B) the expressed interests of the child, taking into account the child's age and stage of development; (C) the physical and mental health of the child; (D) the right of the child to-- (i) family integrity; (ii) liberty; and (iii) development; and (E) the identity of the child, including religious, ethnic, linguistic, gender, sexual orientation, and cultural identity. (2) Childcare facility.--The term ``childcare facility'' means a facility operated by the Department of Health and Human Services, or a contractor or grantee of the Department of Health and Human Services, that-- (A) is a State-licensed program; and (B) provides residential care for unaccompanied noncitizen children. (3) Director.--The term ``Director'' means the Director of the Office of Refugee Resettlement. (4) Flores settlement agreement.--The term ``Flores settlement agreement'' means the stipulated settlement agreement in Reno v. Flores, as filed in the United States District Court for the Central District of California on January 17, 1997 (CV-85-4544-RJK), including all subsequent court decisions, orders, agreements, and stipulations. (5) Immigration custody.--The term ``immigration custody'' means the physical custody of the Secretary of Health and Human Services or the Secretary of Homeland Security (or the head of any successor agency of the Department of Health and Human Services or the Department of Homeland Security). (6) Influx.--The term ``influx'' means a period-- (A) beginning on the date on which, for not less than 7 consecutive days, the net available bed capacity of State-licensed programs that is occupied or held for placement by unaccompanied noncitizen children is 85 percent or more; and (B) ending on the date on which, for not less than 7 consecutive days, such bed capacity occupied or held for placement by unaccompanied noncitizen children is less than 85 percent. (7) Influx facility.--The term ``influx facility'' means any facility established to provide temporary emergency shelter and services for unaccompanied noncitizen children during an influx or emergency. (8) Noncitizen.--The term ``noncitizen'' means an individual who is not a citizen or national of the United States. (9) Noncitizen child.--The term ``noncitizen child'' means a noncitizen under the age of 18 years. (10) Nonparent family member.--With respect to an unaccompanied noncitizen child apprehended with a nonparent family member, the term ``nonparent family member'' means an individual who is-- (A) 18 years of age or older; and (B) a relative of such child, including a grandparent, aunt, uncle, first cousin, sibling, and fictive kin. (11) Ombudsperson.--The term ``Ombudsperson'' means the Ombudsperson of the Office of the Ombudsperson for Unaccompanied Noncitizen Children established under section 471. (12) Out-of-network facility.--The term ``out-of-network facility'' means any public or private facility, including a mental health facility, or any other location that-- (A) is used to provide residential care for unaccompanied noncitizen children; and (B) is not an Office of Refugee Resettlement facility. (13) Prospective sponsor.--The term ``prospective sponsor'' means an individual or entity who applies for custody of an unaccompanied noncitizen child. (14) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (15) Secure facility.--The term ``secure facility'' means any public or private facility that is opened by a program, agency, or organization that is licensed by an appropriate State agency to provide residential care for children who have been adjudicated delinquent. (16) Special needs noncitizen child.--The term ``special needs noncitizen child''-- (A)(i) means a noncitizen under the age of 18 years, the mental or physical condition of whom requires special services or medical equipment and special treatment by the staff of a childcare facility; and (ii) includes such an individual who-- (I) has special needs due to drug or alcohol abuse, serious emotional disturbance, mental illness, developmental or cognitive delay, or a physical condition or chronic illness that requires special services or treatment; (II) is an individual with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)); or (III) requires special services or treatment as a result of neglect or abuse; and (B) in the case of a child who is 12 years of age or older, means such a child who consents to such designation, services, and treatment. (17) Sponsor.--The term ``sponsor'' means an individual or entity who has been approved by the Director to assume care of an unaccompanied noncitizen child on release from the custody of the Secretary. (18) Staff-secure facility.--The term ``staff-secure facility''-- (A) means any public or private facility that is licensed by an appropriate State agency to provide residential care for children who have been determined to require close or intensive care in accordance with section 432(c)(3); and (B) does not include a facility that provides residential care to children who have been adjudicated delinquent. (19) State-licensed program.--The term ``State-licensed program'' means any public or private program, agency, or organization licensed by an appropriate State agency to provide residential, group, or foster care services for unaccompanied noncitizen children (including a program operating group homes, foster homes, or facilities for special needs noncitizen children) that complies with applicable-- (A) State child welfare laws, regulations, and policies; (B) State and local building, fire, health, and safety laws and regulations; (C) Federal, State, and local human rights and privacy laws, as applicable; and (D) State staffing and training requirements. (20) Tender age minor.--The term ``tender age minor'' means an individual who is 12 years of age or younger or has the developmental age of such an individual. (21) Unaccompanied noncitizen child.--The term ``unaccompanied noncitizen child'' has the meaning given the term ``unaccompanied alien child'' in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).

SEC. 403. RULE OF CONSTRUCTION.

Nothing in this subtitle may be construed-- (1) to limit the rights of a noncitizen child-- (A) to preserve 1 or more issues for judicial review in the appeal of an individual case; or (B) to exercise any independent right the noncitizen child may otherwise have; (2) to affect the application of the Flores settlement agreement to all children in immigration custody; (3) to abrogate, modify, or replace the Flores settlement agreement; or (4) to preclude or limit Flores settlement agreement class counsel from conducting independent investigations or seeking enforcement actions relating to violations of the Flores settlement agreement in any appropriate district court of the United States.

PART I--PROCEDURES AND TEMPORARY PLACEMENTS FOLLOWING APPREHENSION

SEC. 411. PROHIBITION ON FAMILY SEPARATION.

(a) In General.--A noncitizen child shall remain physically together with their parent, legal guardian, or nonparent family member at all times while in the custody of the Secretary of Homeland Security or the Secretary of Health and Human Services, unless-- (1) the noncitizen child requests privacy temporarily; (2) during the screening process, a determination is made based on clear and convincing evidence that the parent or legal guardian of the noncitizen child, or the nonparent family member of the child who has been determined by a child welfare expert to be suitable to provide care and physical custody of the child in the United States, presents an imminent threat to United States national security or is inadmissible under subparagraphs (C)(i), (E), (G), or (I) of section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)); or (3) the child welfare expert documents, based on clear and convincing evidence, that the continued care of the noncitizen child by the parent, legal guardian, or nonparent family member is likely to result in serious emotional or physical damage to the child. (b) Role of DHS.--An employee or contractor of the Department of Homeland Security may not play any role in the documentation or determination described in subsection (a). (c) Termination of Separation.--In the case of a separation under paragraph (2) or (3) of subsection (a), as soon as practicable after the potential damage to the child is sufficiently mitigated or remedied-- (1) in the case of a child in the custody of the Secretary of Health and Human Services, the Secretary of Health and Human Services shall reunify the child with the individual from whom they were separated; and (2) in the case of a child in the custody of the Secretary of Homeland Security, the Secretary of Homeland Security shall release the individual in accordance with subsection (a)(5) of section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232), as amended by section 412. (d) Challenge to Separation.--In the case of a separation under paragraph (2) or (3) of subsection (a), the Secretary of Homeland Security shall-- (1) notify the parents, legal guardians, and children concerned of their-- (A) right to challenge such separation under titles VI and VII; and (B) private right of action to seek review before a district court of the United States; and (2) provide a copy of any determination, evidence, arrest warrants, or other documentation supporting such separation to such individuals and their attorneys. (e) Treatment of Unaccompanied Children Traveling With Certain Caregivers.--Unaccompanied children traveling with a nonparent family member shall be treated by the Secretary of Health and Human Services in accordance with paragraph (3)(C) of section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)), as amended by section 412. (f) Staffing.-- (1) Child welfare experts.--The Secretary of Health and Human Services shall hire child welfare experts to carry out the screening process described in subsection (a). (2) Qualifications.--Each child welfare expert hired under this subsection shall-- (A) be professionally trained and licensed in social work; (B) have direct experience providing trauma- informed care to children who have experienced trauma; and (C) be proficient in Spanish or 1 of the top 5 most common languages spoken by noncitizen children in the past 5 years.

SEC. 412. PROTECTIONS FOR NONCITIZEN CHILDREN.

Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended-- (1) by striking ``unaccompanied alien child'' each place it appears and inserting ``unaccompanied noncitizen child''; (2) by striking ``unaccompanied alien child's'' each place it appears and inserting ``unaccompanied noncitizen child's''; (3) by striking ``unaccompanied alien children'' each place it appears and inserting ``unaccompanied noncitizen children''; (4) by striking ``unaccompanied alien children's'' each place it appears and inserting ``unaccompanied noncitizen children's''; (5) in subsection (a)-- (A) by striking paragraphs (2) and (4); (B) by redesignating paragraphs (3) and (5) as paragraphs (2) and (3), respectively; (C) in paragraph (2), as redesignated, in the paragraph heading, by striking ``other'' and inserting ``unaccompanied noncitizen''; (D) in paragraph (3), as redesignated-- (i) in subparagraph (C), in the subparagraph heading, by striking ``unaccompanied alien children'' and inserting ``unaccompanied noncitizen children''; and (ii) in subparagraph (D), in the matter preceding clause (i), by striking ``, except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection (a)(2),''; and (E) by inserting after paragraph (3), as redesignated, the following: ``(4) Child caregiver professionals at the border.-- ``(A) In general.--The Secretary of Homeland Security shall ensure that a licensed child caregiver professional is physically present to provide onsite expertise at each-- ``(i) land port of entry at which noncitizen children are most likely to enter; ``(ii) Border Patrol station on the southern border; and ``(iii) U.S. Customs and Border Protection processing facility and reception center, regardless of whether such facility or center is temporary in nature. ``(B) Qualifications.-- ``(i) In general.--Such a child caregiver professional-- ``(I) shall-- ``(aa) be professionally trained and licensed to provide services to children; ``(bb) have direct experience providing trauma- informed care to children who have experienced trauma; and ``(cc) subject to clause (ii), be proficient in Spanish or 1 of the top 5 most common languages spoken by noncitizen children in the past 5 years; and ``(II) may be a licensed childcare worker, licensed pediatric health professional, or licensed child welfare professional. ``(ii) Phase-in of language proficiency.-- During the 3-year period beginning on the date of the enactment of the Children's Safe Welcome Act of 2026, 25 percent of the child caregiver professionals hired by the Secretary of Homeland Security to carry out the duties under this section shall be exempt from clause (i)(III). ``(C) Oversight of care.--Such a child caregiver professional shall oversee the care of noncitizen children in U.S. Customs and Border Protection facilities, consistent with the standards established under sections 414 and 415 of the Children's Safe Welcome Act of 2026, including by-- ``(i) issuing and ensuring access to adequate food, hydration, hygiene necessities, clothing, and other supplies as needed; ``(ii) supporting general care to infants and children, including monitoring, changing diapers, assisting with toilet use and handwashing, feeding any child who is not able to feed himself or herself, and identifying and tending to other similar basic needs of children as such needs arise; ``(iii) providing supervision and support to children during recreational and exercise activities; ``(iv) maintaining a safe working environment and observing and encouraging adherence to safety rules and health guidelines; and ``(v) referring any suspected or reported medical or mental health issues to onsite Border Patrol or U.S. Customs and Border Protection personnel and medical personnel. ``(D) Availability.--Caregiver services provided under this paragraph shall be-- ``(i) available 24 hours per day, 7 days per week, including on weekends and Federal holidays; and ``(ii) provided by a mixed-gender staff, including not fewer than 1 male and 1 female staff member at all times. ``(5) Release of children apprehended with parents, adoptive parents, or legal guardians.--In the case of a child apprehended with a parent, adoptive parent, or legal guardian, the Secretary of Homeland Security shall-- ``(A) subject to paragraph (2) or (3) of section 411(a) of the Children's Safe Welcome Act of 2026, release the child together with the parent, adoptive parent, or legal guardian, as applicable; and ``(B) ensure that the child is provided with support from a qualified nongovernmental community- based organization with experience providing services to immigrant, refugee, and asylum-seeking populations. ``(6) Release of children apprehended with nonparent family members.--In the case of a child apprehended with a nonparent family member determined under subsection (b)(3)(C)(iii) to be an appropriate sponsor for the child, the Secretary of Health and Human Services shall-- ``(A) subject to paragraph (2) or (3) of section 411(a) of the Children's Safe Welcome Act of 2026, release the child together with the nonparent family member; and ``(B) ensure that the child is provided with support from a qualified nongovernmental community- based organization with experience providing services to immigrant, refugee, and asylum-seeking populations. ``(7) Prohibition on operation of family detention facilities.--The Federal Government may not operate, under any circumstance, a family detention facility.''; (6) in subsection (b)-- (A) in paragraph (1), in the paragraph heading, by striking ``unaccompanied alien children'' and inserting ``unaccompanied noncitizen children''; (B) in paragraph (3)-- (i) in the paragraph heading, by striking ``unaccompanied alien children'' and inserting ``unaccompanied noncitizen children''; (ii) by striking ``Except in the case of exceptional circumstances,'' and inserting the following: ``(A) In general.--Except in the case of exceptional circumstances, subject to subparagraph (B),''; and (iii) by adding at the end the following: ``(B) Limitation on u.s. customs and border protection custody.--Under no circumstance may the Commissioner hold an unaccompanied or accompanied noncitizen child in custody for more than 72 hours. ``(C) Reception centers.-- ``(i) Designation.--The Commissioner shall designate 1 or more reception centers located within 100 miles of each port of entry and each Border Patrol Station on the southern border for the purpose of conducting expedited evaluations described in clause (iii). ``(ii) Transfer.--In the case of an unaccompanied noncitizen child apprehended with a nonparent family member, the Commissioner shall immediately transfer the child and his or her 1 or more nonparent family members, as applicable, to a reception center designated under clause (i) for the purpose of an evaluation under clause (iii). ``(iii) Expedited evaluations.-- ``(I) In general.--On the arrival of an unaccompanied noncitizen child apprehended with a nonparent family member at a designated reception center, a case manager or case coordinator of the Department of Health and Human Services shall evaluate the child to determine whether he or she may be released safely from U.S. Customs and Border Protection custody to the nonparent family member with whom the child was apprehended. ``(II) Private space.--The Commissioner shall make available in each designated reception center a private space in which such a case manager or case coordinator may carry out such evaluations. ``(iv) Staffing.-- ``(I) Case managers and case coordinators.-- ``(aa) In general.--Case managers and case coordinators of the Department of Health and Human Services shall be detailed to designated reception centers for brief periods to ensure the independence of Department of Health and Human Services staff from the duties and functions of U.S. Customs and Border Protection. ``(bb) Duties.--A case manager or case coordinator detailed to a designated reception center shall assist the Federal field specialist at the reception center in verifying family relationships and screening each unaccompanied noncitizen child apprehended with a nonparent family member for safety concerns using existing or newly developed Department of Health and Human Services tools and skills, including document review, observation, and interviews of the child and family members. ``(II) Federal field specialists.-- ``(aa) In general.--Federal field specialists of the Department of Health and Human Services shall prioritize for review the release decisions for any child arriving at the border of the United States with a relative who is not a parent of the child, whom the Director of the Office of Refugee Resettlement would consider as a potential sponsor for the child. ``(bb) Duties.--Such a Federal field specialist shall work with case managers and case coordinators to review the recommendation of case managers or case coordinators with respect to the qualification of such relatives as sponsors for such children. ``(III) Legal services providers.-- The Secretary of Health and Human Services shall enter into 1 or more contracts with nongovernmental legal services providers to provide legal orientation presentations to accompanied noncitizen children and unaccompanied noncitizen children apprehended with nonparent family members and their parents or legal guardians or nonparent family members, as applicable, under consideration for expedited release under this subparagraph. ``(v) Release decision.--The Secretary of Health and Human Services shall make a determination with respect to expedited release under this subparagraph not later than 72 hours after the child has been determined to be an unaccompanied noncitizen child. ``(vi) Release of nonparent family member.-- ``(I) In general.--If the Secretary of Health and Human Services determines that the nonparent family member of an unaccompanied noncitizen child apprehended with a nonparent family member is a safe sponsor, and the applicable Federal field specialist and case manager or case coordinator have verified the family relationship, the Commissioner shall approve the release of the nonparent family member for the purpose of reunification with the child. ``(II) Retention of unaccompanied noncitizen child determination.--An unaccompanied noncitizen child released to a nonparent family member who is released under subclause (I) shall retain his or her determination as an unaccompanied noncitizen child. ``(III) Post-release counsel and services.--The Secretary of Health and Human Services shall provide to each child released to a nonparent family member who is released under subclause (I) post-release counsel and services, such as legal counsel, in the location in which the child's removal proceedings are scheduled. ``(vii) Transfer to office of refugee resettlement custody.-- ``(I) In general.--If the Secretary of Health and Human Services cannot make a determination with respect to whether a nonparent family member is an imminent substantial and credible threat to a child within 72 hours after the Commissioner has made the unaccompanied noncitizen child determination, or if an unaccompanied noncitizen child apprehended with a nonparent family member is denied expedited release under this subparagraph-- ``(aa) such child shall be placed in the least restrictive setting; ``(bb) notice shall be provided to the nonparent family member and the parents or legal guardians of the child, to the extent such individuals may be ascertained and contacted, with respect to--

``(AA) the reason for the inability to timely make such determination or for the denial; and

``(BB) the location of the child's transfer and any subsequent transfer; and

``(cc) the family relationship shall be documented. ``(II) Appointment of child advocate.--In the case of a child denied expedited release under this subparagraph, the Secretary of Health and Human Services shall appoint a child advocate for the child. ``(viii) Prohibition.--The adjudication of asylum applications shall not be carried out in a reception center designated under this subparagraph. ``(D) Transportation.-- ``(i) In general.--Except as provided in clause (ii), the Commissioner may not transport any unaccompanied noncitizen child in a vehicle with a detained adult who is not related to the child. ``(ii) Exception.-- ``(I) In general.--The Commissioner may transport an unaccompanied noncitizen child in a vehicle with such an adult only from the place of arrest or apprehension to a U.S. Customs and Border Protection facility. ``(II) Precautions.--In transporting an unaccompanied noncitizen child under subclause (I), the Commissioner shall take necessary precautions for the protection and well-being of the unaccompanied noncitizen child.''; and (C) by adding at the end the following: ``(5) Substantive and procedural protections.-- ``(A) In general.--On a determination that a child is an unaccompanied noncitizen child, the unaccompanied noncitizen child shall be afforded, for the duration of the unaccompanied noncitizen child's removal proceedings, all substantive and procedural protections provided under this section and any other applicable Federal law. ``(B) Unaccompanied noncitizen child determination.--No Federal agency, officer, or personnel may-- ``(i) reevaluate or revoke a determination that a child is an unaccompanied noncitizen child, unless an age assessment conducted by the Secretary of Health and Human Services consistent with section 415(h) of the Children's Safe Welcome Act of 2026 indicates that the individual is 18 years of age or older; or ``(ii) deny or impede access to any protection provided for unaccompanied noncitizen children under Federal law, including on the basis of-- ``(I) the reunification of an unaccompanied noncitizen child with a parent or legal guardian; ``(II) the release of an unaccompanied noncitizen child to a nonparent family member in accordance with subsection (b)(3)(C)(vi); or ``(III) an unaccompanied noncitizen child having attained 18 years of age.''; (7) in subsection (d)(8), in the paragraph heading, by striking ``unaccompanied alien children'' and inserting ``unaccompanied noncitizen children''; (8) by striking subsection (g); (9) by redesignating subsections (h) and (i) as subsections (g) and (h), respectively; and (10) by adding at the end the following: ``(i) Access to Legal Services.--Each child in immigration custody, including accompanied noncitizen children, shall-- ``(1) receive a legal orientation presentation; and ``(2) have access to legal counsel and child advocates. ``(j) Treatment of Adult Family Members Apprehended With Children.-- ``(1) In general.--A parent or legal guardian or a nonparent family member who is apprehended with a child shall be placed in removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a). ``(2) Requirement.--Such a parent or legal guardian or nonparent family member and the child concerned shall be provided an opportunity-- ``(A) to consult, independently and jointly, legal counsel; and ``(B) to request such measures as may be necessary to ensure-- ``(i) full and fair consideration of their cases for relief from removal; and ``(ii) the best interests of the child. ``(k) Removal Proceedings for Accompanied Noncitizen Children.-- With respect to an accompanied noncitizen child, the child and their parent or legal guardian may only be placed in removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a). ``(l) Definitions.--In this section: ``(1) Accompanied noncitizen child.--The term `accompanied noncitizen child' means a noncitizen under 18 years of age who-- ``(A) has no lawful immigration status in the United States; and ``(B) is apprehended while traveling with a parent, adoptive parent, or legal guardian. ``(2) Commissioner.--The term `Commissioner' means the Commissioner of U.S. Customs and Border Protection. ``(3) Danger of abuse or neglect at the hands of the parent, legal guardian, or nonparent family member.--The term `danger of abuse or neglect at the hands of the parent, legal guardian, or nonparent family member' shall not mean migrating to or crossing the United States border. ``(4) Nonparent family member.--With respect to an unaccompanied noncitizen child apprehended with a nonparent family member, the term `nonparent family member' means an individual who is-- ``(A) 18 years of age or older; and ``(B) a relative of such child, including a grandparent, aunt, uncle, first cousin, sibling, and fictive kin. ``(5) Unaccompanied noncitizen child.--The term `unaccompanied noncitizen child' has the meaning given the term `unaccompanied alien child' in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)). ``(6) Unaccompanied noncitizen child apprehended with a nonparent family member.--The term `unaccompanied noncitizen child apprehended with a nonparent family member' means an unaccompanied noncitizen child who is apprehended while traveling with a nonparent family member.''.

SEC. 413. NONADVERSARIAL ASYLUM PROCESSING FOR NONCITIZEN CHILDREN.

Section 208(b)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(3)(C)) is amended to read as follows: ``(C) Nonadversarial asylum processing for children.--The Director of U.S. Citizenship and Immigration Services shall have jurisdiction over the asylum application of an individual who-- ``(i) has been classified as an unaccompanied noncitizen child (as defined in section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232)), regardless of the age or marital status of the individual on the date on which he or she files an asylum application; ``(ii) was a child apprehended with a parent, adoptive parent, or legal guardian, regardless of the age or marital status of the individual on the date on which he or she files an asylum application; or ``(iii) is the parent or legal guardian of an individual described in clause (ii).''.

SEC. 414. STANDARDS FOR U.S. CUSTOMS AND BORDER PROTECTION DETENTION OF NONCITIZEN CHILDREN.

(a) Initial Processing of Noncitizen Children and Families With Noncitizen Children.-- (1) In general.--The Commissioner of U.S. Customs and Border Protection (referred to in this part as the ``Commissioner'') may only detain a noncitizen child for the purpose of initial processing. (2) Time limitation.--Under no circumstance may the Commissioner detain a family with a noncitizen child for more than 72 hours. (b) Prioritization of Best Interests of the Child and Family Unity.--In all decisions undertaken by the Commissioner with respect to the detention of a noncitizen child, the Commissioner shall prioritize-- (1) the best interests of the noncitizen child; and (2) in the case of a noncitizen child apprehended with a parent, legal guardian, or nonparent family member, family unity.

SEC. 415. STANDARDS FOR U.S. CUSTOMS AND BORDER PROTECTION FACILITIES HOUSING NONCITIZEN CHILDREN.

(a) In General.--A noncitizen child may not be housed in a U.S. Customs and Border Protection facility that is not in compliance with this subtitle or the amendments made by this subtitle. (b) Humanitarian Access.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Health and Human Services shall jointly develop operating procedures to provide employees of the Department of Health and Human Services immediate access to any U.S. Customs and Border Protection facility so as to facilitate the humane treatment of individuals and families encountered at the border. (2) Elements.--The procedures developed under paragraph (1) shall, at a minimum, provide that-- (A) for each U.S. Customs and Border Protection facility in which an individual may be detained in U.S. Customs and Border Protection custody longer than 72 hours, the Department of Health and Human Services shall have access to a separate designated space in the facility so that Department of Health and Human Services employees may conduct medical and mental health screenings, ensure opportunities for general hygiene, provide adequate food and hydration, offer nursing and diapering supplies, and provide appropriate space for children; and (B) employees of the Department of Health and Human Services at such a facility shall immediately begin efforts-- (i) to reunify unaccompanied children with sponsors in the United States; and (ii) verify family relationships to ensure that unaccompanied children who arrive with a nonparent family member may remain in the care of such nonparent family member. (c) National Standards on Transport, Escort, Detention, and Search.-- (1) Review.--Not later than 180 days after the date of the enactment of this Act, the Commissioner, in consultation with stakeholder organizations that serve immigrant and refugee children and families, shall conduct a review of the U.S. Customs and Border Protection standards entitled ``National Standards on Transport, Escort, Detention, and Search'' issued in October 2015, to identify necessary improvements with respect to the treatment and care of noncitizen children in U.S. Customs and Border Protection custody. (2) Revision.--Not later than 90 days after the date on which the review required by paragraph (1) is completed, the Commissioner shall revise such standards to incorporate the improvements identified by the review. (3) Compliance.--Not later than 180 days after the revision under paragraph (2), each U.S. Customs and Border Protection facility that houses 1 or more noncitizen children shall attain compliance with the revised standards. (d) Facility Requirements.-- (1) In general.--The Commissioner shall ensure that each U.S. Customs and Border Protection facility that houses 1 or more noncitizen children is safe and sanitary and promotes an appropriate and healthy environment for children. (2) Children's area.-- (A) In general.--The Commissioner shall ensure that each U.S. Customs and Border Protection facility that houses 1 or more noncitizen children includes-- (i) a dedicated physical environment that is appropriate for children of all ages and stages of development (referred to in this paragraph as a ``children's area''); and (ii) an outdoor recreation area. (B) Elements.--Each children's area shall be colorful and include-- (i) low, warm lights; (ii) child-sized furniture and equipment, including developmentally appropriate books and toys that facilitate structured and unstructured play; (iii) child-friendly images and displays; (iv) a children's bathroom; (v) a diaper-changing area and access to sanitation; (vi) nursing chairs for breastfeeding mothers; and (vii) an area in which children may sit and rest comfortably. (C) Child caregiver professional staffing.--Each children's area shall be staffed by 1 or more individuals who are professionally trained and licensed to provide services to children, including licensed childcare workers, licensed pediatric health professionals, and licensed child welfare professionals. (3) Medical screening and care.-- (A) In general.--The Commissioner shall ensure that-- (i) except as provided in subparagraph (F)(i), not later than 6 hours after the arrival of a noncitizen child at a U.S. Customs and Border Protection facility, the child receives a medical screening conducted by a licensed physician, advanced practice provider, nurse, or physician's assistant in accordance with this paragraph; (ii) a noncitizen child in the custody of the Commissioner shall have unrestricted access to appropriate medication for the management of an illness or injury of the child; (iii) in the case of such a child with a medical assistive device or other health care support item, the noncitizen child, or the parent, legal guardian, or nonparent family member of the child, is permitted unrestricted access to the device or item; (iv) on release from such custody, a noncitizen child, or the parent, legal guardian, or nonparent family member of the child, is provided with documentation of the child's medical screening and care, including the need for any followup while in such custody, in accordance with subparagraph (B)(viii); and (v) medication in possession of a noncitizen child, or in the possession of the child's parent, legal guardian, or nonparent family member, on arrival shall not be destroyed or discarded before the review and determination under subparagraph (B)(vi) occur. (B) Duties of medical professional.--With respect to a medical screening required by subparagraph (A) and the care of a noncitizen child at a U.S. Customs and Border Protection facility, a licensed physician, advanced practice provider, nurse, or physician's assistant attending the child at the facility shall-- (i) assess and identify any illness, condition, or physical ailment; (ii)(I) identify any acute condition or elevated medical risk; and (II) in the case of a child for which such a condition or risk is identified, consult with a licensed pediatrician or pediatric subspecialist; (iii) ensure that appropriate health care is provided to the child as necessary, including pediatric and reproductive health care; (iv) in the case of a child under 12 years of age, conduct a physical examination of the child in the presence of a parent, legal guardian, or family member; (v) in the case of a child who is 12 years of age or older-- (I) provide the child with the choice of-- (aa) a physical examination in the presence of a parent, legal guardian, or nonparent family member; or (bb) a private physical examination without the presence of a parent, legal guardian, or nonparent family member; and (II) conduct such examination in accordance with the child's preference; (vi) review any medication that is in the possession of the child on arrival to determine whether the medication shall be kept by the child or the child's parent, legal guardian, or nonparent family member, as applicable; (vii) in the case of a medication described in clause (vi) that may not be kept by the child or the child's parent, legal guardian, or nonparent family member for medical storage purposes, such as a medication that requires refrigeration, ensure storage with appropriate access for the child's use while in U.S. Customs and Border Protection custody; (viii) ensure that the medical screening and care under this paragraph, and any other medical evaluation of or intervention for the child conducted while the child is in the custody of the Commissioner, is documented in accordance with commonly accepted standards in the United States for medical records documentation; and (ix) ensure that a copy of all medical records and documentation of any medical screening and any other medical evaluation of, or intervention for, the child conducted while the child is in the custody of the Commissioner is-- (I) provided to the child and the child's parent, legal guardian, or nonparent family member before the child is released from such custody; or (II) in the case of a child who is transferred to the custody of the Director, sent to the Office of Refugee Resettlement immediately upon such transfer. (C) Procedures for medical screenings.--The Commissioner shall establish procedures for medical screenings and examinations under this paragraph that are consistent with-- (i) relevant guidelines set forth in the American Medical Association Code of Medical Ethics; and (ii) the recommendations of the American Academy of Pediatrics and the American College of Obstetricians and Gynecologists. (D) Language services.--The Commissioner shall ensure-- (i) the availability of in-person, language-appropriate interpretation services, including indigenous languages, for each noncitizen child in the custody of the Commissioner during any medical screening or examination; and (ii) that noncitizen children in such custody are informed of the availability of such services. (E) Location of medical screenings.--The Commissioner shall ensure that medical screenings, examinations, and any follow-up care

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