Children’s Safe Welcome Act of 2026

Key Points

• The bill bans separating children from their parents, legal guardians, or relatives while in custody unless there is clear and convincing proof of a safety threat. Decisions must be made by trained child welfare experts, not immigration agents, and DHS staff cannot make the call.
• It caps how long Customs and Border Protection can hold a child at 72 hours, bans family detention facilities entirely, and sets detailed standards for food, temperature, medical care, sleep, and daily outdoor recreation in facilities.
• Every unaccompanied child in HHS custody would get a government-paid lawyer for the full length of their case, plus legal orientation and access to counsel at any time.
• Large jail-like shelters would be phased out. Within two years the government could not place a child in any facility holding more than 25 kids, shifting to foster homes and small family-style settings.
• A new independent Ombudsperson office, with subpoena power and seven regional offices, would investigate abuse complaints and monitor compliance. Members of Congress get guaranteed facility access with short notice.
• The bill shields children's care records, counseling notes, and sponsor information from immigration enforcement and bars using them to deny relief or push deportation. It also adds 75 immigration judges and hundreds of support staff.