Children's Safe Welcome Act of 2026

Prohibition on Family Separation: A noncitizen child must remain physically together with their parent, legal guardian, or nonparent family member while in custody unless specific evidence shows an imminent threat or serious damage (Section 101(a) and Section 232(b)(4)).

Enhanced Caregiver Presence: The bill requires a licensed child caregiver professional to be physically present at land ports of entry, Border Patrol stations, and Customs and Border Protection processing facilities (Section 102).

Strict Detention Limits: The Commissioner of U.S. Customs and Border Protection is prohibited from detaining a family with a noncitizen child for more than 72 hours (Section s 104(a)(2)).

Improved Medical Standards: Upon arrival at a Customs and Border Protection facility, a child must receive a medical screening by a licensed professional no later than 6 hours after arrival (Section 105(a)(3)(A)(i)).

Access to Education and Recreation: State-licensed programs are required to provide educational instruction and recreational opportunities, including at least one hour of large-muscle activity daily (Sections 213 and 214).

Focus on Family-Like Settings: The bill directs the placement of children in the least restrictive setting that most approximates a family (Section 222).

Protection of Rights: The Ombudsperson is tasked with developing a notice of children's rights to be posted in childcare facilities and distributed to children upon arrival (Section 202).

Legal Representation: Each unaccompanied noncitizen child in custody is to be represented by counsel provided at government expense (Section s402(a)).

Protection for Children with Disabilities: The Director may not delay the release of a child with a disability based solely on a pending evaluation for services (Section 233(a)).

Increased Judicial Capacity: The Attorney General is required to increase the number of immigration judges by not fewer than 75 during fiscal year 2026 (Section 502(a)(1)).

Oversight and Accountability: The establishment of an independent Office of the Ombudsperson provides a way to monitor compliance and investigate claims of abuse or neglect (Section 601).

Data Privacy and Protection: Personal information and case files are to be maintained separately from immigration files to ensure privacy (Section 801) and are protected from being used to deny legal relief (Section 802).

Strict Requirements for Restrictive Placements: To move a child to a restrictive placement, the government must provide clear and convincing evidence of an imminent danger, which could delay necessary high-security interventions (Section 226(b)(1)).

Limitations on Facilities: The bill mandates a phase-out of large congregate care facilities (those housing more than 25 individuals), which may impact the capacity of available housing if the transition is not managed effectively (Section 221).

Strict Criteria for Staff-Secure Facilities: A child can only be placed in a staff-secure facility if there is clear and convincing evidence that the danger does not stem from the child's trauma or mental health, which could limit options for children with complex needs (Section 226(c)(1)).

Restrictions on Influx Facilities: The Director may not transfer certain children to an influx facility, such as those younger than 16 or those with special needs, which could impact placement logistics (Section 303(c)).

Limitations on Legal Information: While legal orientation is provided, the bill specifies that the record of proceedings shall not form any part of the child's immigration file (Section 232(b)(3)(F)(v)).

Mandatory Requirements for Post-Release Services: A case management specialist may determine that a child is at risk of harm, which can lead to requirements for services to be in place before release (Section 242(a)(2)).