# Children's Safe Welcome Act of 2026 Summary
This comprehensive bill establishes new protections and standards for children in immigration custody, addressing their treatment from initial apprehension through release or deportation.
**Key Provisions on Family Separation and Border Treatment:**
The bill prohibits separating children from parents or guardians except under strict circumstances requiring "clear and convincing evidence" of imminent threats or serious harm. It mandates child welfare experts—not immigration officers—make separation decisions. Border Patrol can detain families for only 72 hours maximum and must employ licensed child care professionals at all border facilities 24/7. Medical screenings must occur within 6 hours of arrival, with detailed standards for food, hygiene, sleep, and recreation in detention facilities.
**Department of Health and Human Services Custody Standards:**
For children in HHS custody, the bill requires placement in the least restrictive family-like settings, with a two-year phase-out of large facilities housing more than 25 children. It mandates comprehensive services including education, mental health counseling (minimum two individual sessions plus one group session weekly), legal orientation, and family reunification efforts. Children must receive legal representation at government expense and have guaranteed access to counsel.
**Influx Facility Safeguards:**
During emergencies or surges, temporary influx facilities can house children for maximum 20 days, must meet all childcare standards within 30 days of opening, and require background checks and trauma-informed staff before operation.
**Legal Protections and Representation:**
All children receive free legal orientation presentations and representation through the entire immigration process. A new independent Ombudsperson office, with seven regional branches, monitors compliance, investigates complaints, and ensures facility oversight. Children and sponsors gain judicial review rights and civil action options for violations.
**Post-Release and Aging-Out Provisions:**
Children released to sponsors receive 60-day medication supplies and complete medical records. Youth aging out of custody at 18 get presumptive release on their own recognizance, continued services, and information about special immigrant juvenile status. HHS can extend custody to age 21 for certain youth.
**Data Collection and Congressional Oversight:**
DHS and HHS submit weekly data to Congress and the Ombudsperson on custody numbers, facility conditions, and release timelines. Funding includes $46.
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