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119-s-4389119th Congress

HELP Separated Children Act

Sponsored By: Senator Smith, Tina [D-MN]

Introduced

Summary

Protecting children during immigration enforcement is the core goal of the HELP Separated Children Act. It would create rules to prioritize the child’s best interests, keep families connected, and build oversight into Department of Homeland Security actions.

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  • Families and children: Officials would have to identify a parent within 2 hours of an enforcement action and check parental status at every contact and at least 10 days before removal. Parents would get multiple phone calls, access to legal counsel and consular help, and services in their preferred language to arrange care.
  • Detained parents and custody: Decisions about detention, transfer, prosecution, or release must weigh the child’s best interests and favor placements near the child’s habitual residence to allow visitation. The bill also allows case-by-case parole for parents for hearings, medical emergencies, or funerals.
  • Agencies, training, and transparency: The law would require government-wide training on child protections and trauma. It mandates data collection and public reports every 180 days on parental status, detention outcomes, transfers, and distances to home communities, and it directs rulemaking within 180 days.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 5 benefits, 0 costs, 0 mixed.

New ICE child-welfare coordinator

If enacted, the bill would require the Secretary to name a national ICE child-welfare coordinator and a local point of contact for every ICE facility and field office. The coordinator would collect data on who in custody is a parent, train staff, share information with facility contacts, and help parents take part in family court and reunification steps. The coordinator would also help with travel documents and work with state child-welfare agencies and foreign governments when needed.

Protecting children during arrests and detention

If enacted, the bill would require officers to ask and record parental status quickly — generally within 2 hours of an enforcement action, at every official interaction, and not less than 10 days before removal. Detained parents would get chances to make free phone and video calls, contact visits, and confidential legal calls. Parents could not be moved away from where they were caught until they make child-care plans or, if plans take longer than 48 hours, are consulted and kept able to communicate. The bill would also require DHS to weigh a child’s best interests in decisions about prosecution, transfers, release, or alternatives to detention. In most cases, staff could not use excessive force, force a child to translate, or deceive a child during enforcement.

Temporary reentry parole for parents

If enacted, the bill would let the Secretary grant parole, case-by-case, to a parent who was previously removed so they can return for a pending family-court hearing (including termination proceedings), a child’s medical emergency, or a funeral. Each reentry would be discretionary and must meet one of the listed family or humanitarian reasons.

Mandatory training for DHS staff

If enacted, the bill would require DHS, working with HHS and child-welfare experts, to develop training on the Act. Training would cover trauma-informed practices and signs of abuse or neglect. Current staff must get training within 180 days and annually after that. New hires must get training on day one and annually.

Rulemaking, reports, and legal protections

If enacted, the bill would require the Secretary to write implementing regulations within 180 days of enactment. DHS would start collecting and publishing data about parents in custody every 180 days, with the first report due 180 days after enactment. The reports must protect personal information and go to specific congressional committees and a public DHS website. The bill would also define key terms and say it does not change existing trafficking or Flores settlement obligations.

Sponsors & CoSponsors

Sponsor

Smith, Tina [D-MN]

MN • D

Cosponsors

  • Sen. Baldwin, Tammy [D-WI]

    WI • D

    Sponsored 4/27/2026

  • Sen. Bennet, Michael F. [D-CO]

    CO • D

    Sponsored 4/27/2026

  • Sen. Blumenthal, Richard [D-CT]

    CT • D

    Sponsored 4/27/2026

  • Sen. Cortez Masto, Catherine [D-NV]

    NV • D

    Sponsored 4/27/2026

  • Sen. Duckworth, Tammy [D-IL]

    IL • D

    Sponsored 4/27/2026

  • Sen. Gillibrand, Kirsten E. [D-NY]

    NY • D

    Sponsored 4/27/2026

  • Sen. Hirono, Mazie K. [D-HI]

    HI • D

    Sponsored 4/27/2026

  • Sen. Kaine, Tim [D-VA]

    VA • D

    Sponsored 4/27/2026

  • Sen. Kim, Andy [D-NJ]

    NJ • D

    Sponsored 4/27/2026

  • Sen. Klobuchar, Amy [D-MN]

    MN • D

    Sponsored 4/27/2026

  • Sen. Markey, Edward J. [D-MA]

    MA • D

    Sponsored 4/27/2026

  • Sen. Murray, Patty [D-WA]

    WA • D

    Sponsored 4/27/2026

  • Sen. Rosen, Jacky [D-NV]

    NV • D

    Sponsored 4/27/2026

  • Sen. Sanders, Bernard [I-VT]

    VT • I

    Sponsored 4/27/2026

  • Sen. Warren, Elizabeth [D-MA]

    MA • D

    Sponsored 4/27/2026

  • Sen. Welch, Peter [D-VT]

    VT • D

    Sponsored 4/27/2026

  • Sen. Van Hollen, Chris [D-MD]

    MD • D

    Sponsored 4/27/2026

Roll Call Votes

No roll call votes available for this bill.

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