Children’s Safe Welcome Act of 2026
Sponsored By: Representative Kamlager-Dove, Sydney [D-CA-37]
In Committee
Summary
Prioritizes the best interests of the child by setting strict care, placement, and reunification rules for noncitizen children while expanding oversight, legal help, and data transparency.
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- Families and children: Bars routine family separation and limits Customs and Border Protection processing custody of children to no more than 72 hours. Federal specialists must make expedited release determinations within 72 hours and, for most cases, finalize release decisions within 48 hours of a recommendation.
- Facilities and care: Requires State licensing, trauma‑informed staffing, and limits on large congregate care. The bill phases out placements in facilities with more than 25 children over two years and sets a case‑manager target ratio of 8:1.
- Oversight, counsel, and courts: Creates an independent Ombudsperson with at least seven regional offices, guarantees government‑funded legal representation and child advocates, and expands immigration-court capacity by adding about 75 immigration judges and related staff.
*Adds targeted funding such as a $46.5 million contingency fund and authorizes additional court and care staffing, increasing federal spending.*
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 7 benefits, 0 costs, 1 mixed.
Fewer congregate placements; kinder foster care
If enacted, ORR would phase out placements in large congregate care that house more than 25 people. Two years after enactment ORR could not place children in those facilities and would follow benchmarks: 25% compliance at one year, 75% by 545 days, and 100% by two years. The bill would require stronger day‑one standards for any influx facility and limit stays there to 20 days. ORR must prefer family-like foster care, require background checks for foster‑household residents, and restrict transfers to restrictive placements by requiring formal hearings and clear-and-convincing evidence. Youth turning 18 would be presumed eligible for release on recognizance unless DHS proves otherwise, with limited options to stay only if voluntary and justified.
More ORR case managers and funding
If enacted, the government would give HHS a $46.5 million contingency fund for placing and releasing unaccompanied children. ORR would keep one case manager for every 8 children by default and must hire more Federal field specialists so most release decisions can be made within 48 hours. The Director could use the fund to lower the ratio to 6 children per case manager if national utilization hits 65% (discretionary) and must do so at 90%. ORR would keep a list of at least 200 compliant beds and make an emergency capacity plan within 180 days.
Move some asylum cases to USCIS
If enacted, the bill would shift asylum applications to U.S. Citizenship and Immigration Services for people who were once classified as unaccompanied children, people who were children apprehended with a parent or guardian, and their parents or guardians. The bill also clarifies that 'asylum officer' means a USCIS Refugee, Asylum, and International Operations Directorate employee.
Higher care and health standards for children
If enacted, licensed ORR facilities and CBP holding areas would have higher health, hygiene, and care rules. Children would get a full medical exam within 2 business days (and a screening at CBP within 6 hours where feasible), regular dental and mental-health care (two individual and one group counseling sessions weekly), and indoor/outdoor activity standards. Children on medicines would leave custody with at least a 60-day supply and physician guidance, and ORR would pay transportation costs for release. Facilities must provide phone/video calls at least four times weekly for 30 minutes and follow CDC and pediatric guidance.
Sponsor rules and post-release help
If enacted, ORR would have to decide family‑reunification applications within 7 days and could not deny sponsorship only because of poverty, public assistance, unemployment, or lack of insurance. Fingerprint checks would be used only if public records show safety concerns. ORR would offer voluntary post‑release services like school‑enrollment help, help getting medical and vaccination records, navigators, and trauma‑informed counseling. The bill would also say released children are 'lawfully residing' for Medicaid/CHIP in States that opt into the CHIPRA §214 option.
More immigration judges and staff
If enacted, EOIR would add at least 75 immigration judges, 75 judicial law clerks, and 300 support staff in fiscal year 2027. New judges must have strong immigration experience and training. The bill bars using appropriated EOIR funds to implement numeric caseload performance standards and directs judges to pause cases when a person appears prima facie eligible for a visa and has a pending federal application.
More counsel, advocates, and oversight
If enacted, each unaccompanied child in HHS custody would get government-funded counsel through all immigration stages unless already represented. Children would get a free legal orientation within 10 days. The bill would fund independent child advocates with quick access to case files and create an independent Ombudsperson office that can investigate, visit sites, and issue subpoenas. ORR would audit facilities annually and debar contractors that fail licensing. At the same time, judicial relief under this enforcement section would be limited to individual claims and some actions to block the Ombudsperson could carry fines or criminal penalties.
More federal custody data and reports
If enacted, ORR would build and maintain a national data system for children in custody and review it at least every three years. Facilities would report individual and facility data at least weekly. DHS would collect detailed individual custody data and publish monthly facility-level aggregates and weekly reports to oversight offices.
Sponsors & CoSponsors
Sponsor
Kamlager-Dove, Sydney [D-CA-37]
CA • D
Cosponsors
Rep. Johnson, Henry C. "Hank" [D-GA-4]
GA • D
Sponsored 7/21/2026
Rep. Quigley, Mike [D-IL-5]
IL • D
Sponsored 7/21/2026
Roll Call Votes
No roll call votes available for this bill.
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