# 119-s-5238: For Our Republic Act

119-s-5238, For Our Republic Act, is a 119th Congress bill sponsored by Sen. Merkley, Jeff [D-OR] (D-OR); status introduced; PRIA reads it as touching household money (as of 2026-10-23).

- Canonical: https://policyrisk.com/legislation/119-s-5238
- As of: 2026-10-23
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: 119-s-5238
- Congress: 119
- Title: For Our Republic Act
- Status: introduced
- Introduced: 2026-08-04
- Sponsor: Sen. Merkley, Jeff [D-OR] (D-OR)
- Cosponsors: 2
- Policy area: Government Operations and Politics
- Touches household money: yes
- Last recorded action: 2026-10-23

## Summary

**Creates independent United States Immigration Courts with budget and procedural autonomy.** It also overhauls care and legal protections for noncitizen children, bans certain immigration biometric surveillance, and tightens executive ethics and election safeguards. - Families and children: Strengthens rights and care standards for unaccompanied and accompanied noncitizen children, requires government‑funded legal representation and post‑release services, and creates an independent Ombudsperson for monitoring and complaints. CBP detention for families is limited to 72 hours and large congregate care must be phased out within 2 years. - Immigration judges and cases: Establishes a three‑division United States Immigration Courts system with Trial and Appellate divisions, 21 appellate judges with staggered 15‑year terms, independent budgeting, published precedents, and new appointment, discipline, and transition rules. - Executive ethics, surveillance, and elections: Prohibits covered CBP/ICE officers from using biometric surveillance and requires deletion of collected biometric data within 30 days. It bars covered senior officials from specified digital‑asset and prediction‑market activities during service and for 1 year after and adds civil and criminal enforcement tools for violations.

## Cosponsors (2)

- Sen. Duckworth, Tammy [D-IL] (D-IL), 2026-08-04T00:00:00.000Z
- Sen. Blumenthal, Richard [D-CT] (D-CT), 2026-08-04T00:00:00.000Z

## Provisions PRIA read

- Better health, schooling, and services in care: benefit, medium. If enacted, ORR contractors and state‑licensed programs would have to give children prompt medical exams, ongoing medication and medical devices, and pediatric specialty care. Children would get schooling that meets state standards with materials in their primary language, disability evaluations an…
- More placement and review rights for children: benefit, medium. If enacted, unaccompanied children and their parents or sponsors would get stronger placement and bond-review rights. Transfers into restrictive placements would require a hearing with the child's full file provided within 24 hours of the decision and at least 2 days before the hearing, and the Dir…
- Ban on false election AI and seizures: benefit, medium. If enacted, the bill would make it illegal to knowingly distribute AI-made false text, images, audio, or video that is meant to stop or intimidate voters or that falsely depicts election officials to deter voting. The Attorney General could seek court orders to stop such material. The bill would al…
- Delete biometric records and civil remedies: benefit, medium. If enacted, the bill would require covered immigration officers to delete biometric surveillance data they collected, including past data, within 30 days of enactment. It would also allow people harmed by unlawful biometric surveillance to sue for actual and punitive damages and attorney fees, and…
- Limits on biometrics and data matching: benefit, medium. If enacted, the bill would bar covered immigration officers from using biometric surveillance systems in the United States and make information obtained that way inadmissible to most federal proceedings. It would prohibit the Federal Government from comparing its records with State or local records…
- Limits on military and federal action at polls: benefit, medium. If enacted, the bill would make domestic military deployments a last resort and require quick public notice when federal forces are used for crowd control. It would let harmed people sue quickly over troop deployments and speed judicial review. The bill would also create private lawsuits and remedi…
- More immigration court judges and staff: benefit, medium. If enacted, the bill would add immigration-court capacity in fiscal year 2025. It would fund at least 75 new immigration judges, 75 additional law clerks, and 300 support staff and require better facilities, technology, and interpreters. The courts would be allowed to hire some staff outside normal…
- New independent U.S. immigration courts: benefit, medium. If enacted, the bill would create independent United States Immigration Courts with trial and appellate divisions, set 15‑year terms for judges, require written opinions and binding internal precedent, and let the courts set practice rules and reasonable filing fees with fee waivers for hardship. T…
- New rules for federal policing conduct: benefit, medium. If enacted, the bill would ban racial profiling by Federal, State, local, and Tribal law enforcement for routine stops unless there is timely trustworthy information linking a person to a specific crime. It would also bar federal officers and military members from obscuring required identification…
- Stronger protections for immigrant children: benefit, medium. If enacted, the bill would add many new protections for noncitizen children in U.S. custody. CBP could not hold a child for more than 72 hours and HHS must decide sponsor placement within 7 days. The bill would ban secure placements except very narrow danger cases, phase out large congregate facili…
- Tighter limits on domestic military deployments: benefit, medium. If enacted, the bill would restrict when the President may send active-duty or reserve forces to respond to insurrections, widespread domestic violence, or obstruction of law. Deployments would terminate after 7 days unless Congress passes a joint resolution; if Congress approves, deployment would…
- CBP custody, transport, and border medical rules: benefit, medium. If enacted, CBP would have to keep unaccompanied children separated from unrelated adults and limit holding a child with an unrelated adult to no more than 6 hours when immediate separation is infeasible. Children must get a medical screening within 6 hours of arrival, access to medication and pedi…
- Stronger oversight of child facilities: benefit, medium. If enacted, HHS would create an independent Ombudsperson, open regional offices, and get subpoena power to inspect and investigate childcare and influx facilities. The bill would require monthly on‑site monitoring of influx sites, annual audits of each childcare facility, public reporting, and a $4…
- Stricter rules for child residential care: benefit, low. If enacted, a child could go to a residential therapeutic facility only after a licensed child psychologist or psychiatrist does a detailed evaluation. The evaluator must find the child poses a substantial risk, that residential care is in the child's best interest, and that less restrictive family…
- More notice for federal workforce cuts: benefit, low. If enacted, agencies would have to include a detailed written justification when issuing rules about workforce reductions. The justification would have to explain specific reasons, expected effects on operations and employees, alternatives considered and why they were rejected, and consultations wi…
- Inspector general for the Executive Office: benefit, low. If enacted, the President would be required to appoint an Inspector General for the Executive Office of the President within 120 days. The IG would operate under the Inspector General Act and increase independent oversight of the Executive Office.
- No GSA help for conflicted deals: benefit, low. If enacted, the General Services Administrator would be barred from helping with any federal real property purchase, sale, lease, or transaction that would violate federal ethics rules or create a conflict or appearance of undue influence. The ban would apply to GSA decisions to assist and to trans…
- Stronger oversight, emoluments, and spending checks: mixed, medium. If enacted, the bill would require Congressional consent before an agency may be dissolved, merged, or have its mission changed. It would bar the President and Vice President from accepting emoluments without Congress and let the White House inspector seek disgorgement. The bill would also limit wh…
- New ethics limits, crypto and market bans: mixed, medium. If enacted, covered officials would face new ethics rules and reporting duties, including written confirmations about foreign financial interests and penalties for knowing failures. The bill would ban certain paid digital‑asset transactions by covered officials while in office and for one year afte…
- Ban on presidents' images and signatures: mixed, low. If enacted, the bill would bar the image of any living current or former President on U.S. coins and bar the sitting President's signature on currency. It would also prevent using a sitting President or Vice President's image or name on passports or naming federal property without Congress. The bil…

## Related bills

- 119-s-5066: Health Equity and Accountability Act of 2026
- 119-s-5071: Children's Safe Welcome Act of 2026
- 119-s-5283: Momnibus Act
- 119-s-3990: PrEP Access and Coverage Act of 2026
- 119-s-2823: FAMILY Act
- 119-s-3869: Healthy Families Act

## Sources
- [119-s-5238 on Congress.gov](https://www.congress.gov/bill/119th-congress/senate-bill/5238)

## Related
- [119-s-5066: Health Equity and Accountability Act of 2026](https://policyrisk.com/legislation/119-s-5066)
- [119-s-5071: Children's Safe Welcome Act of 2026](https://policyrisk.com/legislation/119-s-5071)
- [119-s-5283: Momnibus Act](https://policyrisk.com/legislation/119-s-5283)
- [119-s-3990: PrEP Access and Coverage Act of 2026](https://policyrisk.com/legislation/119-s-3990)
- [119-s-2823: FAMILY Act](https://policyrisk.com/legislation/119-s-2823)
- [119-s-3869: Healthy Families Act](https://policyrisk.com/legislation/119-s-3869)
- [All bills in Congress](https://policyrisk.com/legislation)

Source: PRIA, https://policyrisk.com/legislation/119-s-5238 (as of 2026-10-23).
