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H.R. 9805

BillFederalHouseIn Committee
To provide protections for children in immigration custody, and for other purposes.
About This Bill
Committee
Latest Action · July 21, 2026
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Congress
119th (2025–2027)
Introduced
July 21, 2026
Cosponsors (2)
2D 0R
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Summary

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# Children's Safe Welcome Act of 2026 – Summary This comprehensive legislation establishes extensive new protections for immigrant children in U.S. custody, covering their treatment at the border, in government facilities, and during family reunification processes. **Core Protections at the Border** The bill prohibits family separation except in narrow circumstances—when a parent poses a security threat or when clear evidence shows continued custody would cause serious harm to the child. It requires licensed child welfare experts (not immigration agents) to make separation decisions. Children can remain with nonparent family members if they're deemed safe sponsors, with determinations made within 72 hours. U.S. Customs and Border Protection can hold children for initial processing only, with a strict 72-hour custody limit. The bill mandates licensed child caregivers at all border facilities and Reception Centers, providing basic care like food, hygiene items, and medical screening within six hours of arrival. **Care Standards in Government Facilities** The Department of Health and Human Services must house children in State-licensed facilities meeting extensive standards: adequate food and water, medical care, education, recreation, counseling, legal services, and family contact. Children cannot be placed in congregate facilities with more than 25 residents (with limited exceptions), with a two-year phaseout period. The bill prioritizes foster family placements and requires at least monthly reviews for children in restrictive settings. Importantly, placement review hearings must occur before any transfer to restrictive facilities, with decisions made by independent fact-finders—not government employees. **Family Reunification** The bill requires the government to make active, continuous efforts to reunify children with family members. Children must be released to parents or legal guardians unless clear evidence shows custody would cause serious harm. Release decisions must be made within seven days of a sponsorship application. Children cannot be denied release solely due to poverty, immigration status, or lack of prior relationship with a sponsor. The bill provides legal representation to all children and requires post-release services like school enrollment assistance and access to Medicaid. **Legal Rights and Representation** Every child receives free legal orientation presentations and representation by government-appointed counsel at no cost. Legal counsel has full access to case files and can represent children in all proceedings. Children have private phone access to counsel and can call anytime. The bill establishes child advocate positions, prioritizing vulnerable children, with advocates

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