Bill · S. 4389· Senate(119-S-4389)
HELP Separated Children Act
- Introduced
- 4/27/2026
- Last activity
- 4/27/2026 — Read twice and referred to the Committee on the Judiciary.
- Sponsored by
- Tina Smith
- Cosponsors
- - 16 - 0
- Introduced
- In Committee
What this bill would do
The HELP Separated Children Act aims to protect children and their parents during immigration enforcement actions. It requires the Secretary of Homeland Security to identify detained individuals who are parents and provides specific procedures to ensure children's welfare. The bill mandates that parents be given opportunities to arrange childcare, communicate with their children, and participate in legal proceedings. It also establishes training for personnel and requires regular data collection regarding parental status and detention conditions. Additionally, the Act provides for a national coordinator to manage these efforts and facilitates potential reentry for specific humanitarian reasons.
Yes· 3 of 11
Would children be better off under this?+7
The bill mandates protections to minimize trauma, ensure communication, and prioritize the best interests of children during enforcement.
Would immigrants be better off under this?+6
The bill significantly improves the rights of detained immigrants to maintain family connections and participate in legal proceedings.
Does this protect the right to fair treatment by the courts?+5
The bill enhances due process by allowing detained parents to participate in family court and custody proceedings.
The opposite
Does this tighten control of the border?-1
The bill introduces procedural requirements and prosecutorial discretion that may complicate standard immigration enforcement and removal processes.
Who it would affect, and how
Potential Positive Impacts for People
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Ensuring Child Welfare During Enforcement: The bill requires that the Secretary and cooperating entities inquire if a detained individual is a parent as soon as possible, generally within 2 hours (Section 3).
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Facilitating Care Arrangements: Apprehended parents are provided the opportunity to make telephone calls to arrange for the care of their children (Section 4, subsection a, paragraph 1).
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Communication and Connection: The bill ensures that if a child is present during an enforcement action, the parent can communicate with and reassure the child (Section 4, subsection a, paragraph 4).
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Improved Access to Legal and Welfare Resources: Detained parents are provided contact information for attorneys, legal service providers, consulates, and child welfare agencies in their preferred language (Section 4, subsection a, paragraph 1).
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Protection of Family Unity: The Secretary is directed to consider the best interests of the child when deciding whether to prosecute, transfer a detainee to a different facility, or release an individual (Section 6).
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Support for Legal Proceedings: Parents are given the opportunity to participate in family court proceedings and case planning activities (Section 5, subsection a, paragraph 2).
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Facilitating Documentation and Travel: The bill provides access to passport applications and the ability to obtain necessary records like birth certificates or medical records to ensure a child's safety (Section 5, subsection a, paragraph 2).
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Humanitarian Reentry: The Secretary may facilitate the reentry of a parent through a grant of parole if there is a pending family court hearing, a medical emergency, or the death of a child (Section 7).
Potential Negative Impacts for People
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Restrictions on Movement/Transfer: The bill restricts transferring an individual from the location of apprehension until childcare arrangements are made, unless there are medical necessities or extraordinary circumstances (Section 4, subsection a, paragraph 5).
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Law Enforcement Limitations: Personnel are prohibited from using excessive force in the presence of a child, unless there is a medical necessity or extraordinary circumstances (Section 4, subsection a, paragraph 3).
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Demographic And Interest Groups
- Good For Children+7Good For Immigrants+6Good For Hispanic Americans+4Good For Low Income Households+3Good For People With Disabilities+1
- Governance And Ideology
- Improves Due Process+5Improves Government Transparency+3
- Social Issues And Justice
- Improves Racial Equity+3Improves Childcare Affordability+2Improves Pathway To Citizenship+1Improves Poverty Reduction+1Improves Border Security-1
- 4/27/2026
- Read twice and referred to the Committee on the Judiciary.
- 17 Cosponsors added.
- Introduced in Senate
Tammy BaldwinDemocrat · Wisconsin
Michael BennetDemocrat · Colorado
Richard BlumenthalDemocrat · Connecticut
Catherine Cortez MastoDemocrat · Nevada
Tammy DuckworthDemocrat · Illinois
Kirsten GillibrandDemocrat · New York
Mazie HironoDemocrat · Hawaii
Amy KlobucharDemocrat · Minnesota
Timothy KaineDemocrat · Virginia
Andy KimDemocrat · New Jersey
Edward MarkeyDemocrat · Massachusetts
Patty MurrayDemocrat · Washington
Jacky RosenDemocrat · Nevada
Bernie SandersIndependent · Vermont
Chris Van HollenDemocrat · Maryland
Peter WelchDemocrat · Vermont
Elizabeth WarrenDemocrat · Massachusetts