S. 5071
Introduced in Senate · July 31, 2026July 22, 2026
Mr. Merkley (for himself, Mr. Durbin, Mr. Wyden, Mr. Sanders, Ms. Hirono, Ms. Warren, Mr. Schatz, Ms. Klobuchar, Ms. Smith, Mr. Markey, Ms. Duckworth, Mrs. Gillibrand, Mr. Blumenthal, Mr. Welch, Mr. Whitehouse, Ms. Rosen, Mr. Heinrich, and Mr. Bennet) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To provide protections for children in immigration custody, and for other purposes.
1. Short title; table of contents; 2. Definitions; TITLE I—PROCEDURES AND TEMPORARY PLACEMENTS FOLLOWING APPREHENSION; 101. Prohibition on family separation; 102. Protections for noncitizen children; 103. Nonadversarial asylum processing for noncitizen children; 104. Standards for U.S. Customs and Border Protection detention of noncitizen children; 105. Standards for U.S. Customs and Border Protection facilities housing noncitizen children; 106. Modification of term “asylum officer” to exclude officers of U.S. Customs and Border Protection; TITLE II—STANDARDS FOR DEPARTMENT OF HEALTH AND HUMAN SERVICES CUSTODY OF UNACCOMPANIED NONCITIZEN CHILDREN; 201. Operation of foster care homes and childcare facilities; 202. Notice of rights; 203. Staffing and training; 211. Required services; 212. Evaluation for disability; 213. Education; 214. Recreation; 221. Phasing out large congregate care facilities; 222. Least restrictive setting; 223. Foster family care; 224. Additional requirements relating to children with disabilities and children with mental health needs; 225. Minimizing transfers; 226. Restrictive placements; 227. Judicial review of placement; 231. Family reunification efforts by Office of Refugee Resettlement; 232. Standards relating to sponsors; 233. Special considerations relating to release of children with disabilities; 241. Procedures for release; 242. Post-release services; 243. Individuals attaining 18 years of age; 244. Custody review by Ombudsperson; TITLE III—EMERGENCIES AND INFLUXES; 301. Sense of Congress; 302. Definitions; 303. Placement; 304. Planning for emergencies and influxes; 305. Influx facility standards and staffing; 306. Monitoring and oversight; TITLE IV—LEGAL REPRESENTATION FOR UNACCOMPANIED NONCITIZEN CHILDREN; 401. Legal orientation presentations and legal screenings; 402. Legal representation; TITLE V—APPOINTMENT OF CHILD ADVOCATES AND IMPROVEMENTS TO IMMIGRATION COURTS; 501. Appointment of child advocates; 502. Immigration court improvements; TITLE VI—OVERSIGHT, MONITORING, AND ENFORCEMENT; 601. Office of the Ombudsperson for Unaccompanied Noncitizen Children in Immigration Custody; 602. Data collection and reporting; 603. Enforcement; 604. Protection from retaliation; 605. Mandatory access to detention facilities for Members of Congress; TITLE VII—NONDISCRIMINATION; 701. Fair and equal treatment; 702. Responsibilities of care providers; TITLE VIII—INFORMATION SHARING AND DATA PROTECTION; 801. Separation of records; 802. Prohibition on use for denial of relief or in removal proceedings; 803. Disclosure; 804. Prohibition on information sharing; 805. Counseling records; 806. Data protection for sponsors; TITLE IX—MISCELLANEOUS PROVISION; 901. Rule of construction