Children's Safe Welcome Act of 2026
Sponsored By: Senator Merkley, Jeff [D-OR]
Introduced
Summary
End routine family separation and raise care and oversight standards for noncitizen children.
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- Children and families would get stronger on-site care and legal supports, including 24/7 trauma-informed caregiver professionals at processing sites, a medical exam within 2 business days, legal orientation and access to counsel, and a 72-hour limit on family detention at CBP facilities.
- Placement and foster-care rules would shift toward family-like settings, phase out large congregate facilities within 2 years with benchmarks of 25% in year 1, 75% by 545 days, and 100% by 2 years, create a short-term Transitional Foster Care program for stays up to 30 days, and fund a $46.5 million contingency pool with case-manager ratios set at 8:1 (reducible to 6:1 under utilization triggers).
- Oversight, privacy, and legal processes would tighten through an independent Ombudsperson with subpoena power, weekly DHS and HHS data reporting, segregation of ORR case files from DHS A-Files, expedited sponsor decisions and administrative hearings within 7 days, and transfer of specified child asylum adjudications to USCIS.
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Bill Overview
Analyzed Economic Effects
13 provisions identified: 13 benefits, 0 costs, 0 mixed.
Faster release and sponsor rules
If enacted, ORR would have to decide sponsor applications within 7 days and give a written decision within 2 business days after any hearing. The bill would require ORR to release children without unnecessary delay, give sponsors the child's ORR file on release, and provide at least a 60-day supply of prescribed medication. ORR could not deny sponsorship solely for poverty or most immigration status reasons, and sponsor data and ORR files would be kept separate from DHS A-Files and generally not used for immigration enforcement.
Foster placement rules and case management
If enacted, ORR would create transitional foster care (up to 30 days) and long-term foster categories (over 30 days or if the child later turns 18) and must contract with State-licensed foster providers. The bill would set a baseline case-manager ratio of 8:1 and allow a contingency reduction to 6:1 when national utilization triggers are met. ORR must ensure at least 75 percent of facilities and foster placements are licensed and able to house children with disabilities.
Free lawyers and child advocates
If enacted, every unaccompanied noncitizen child in HHS custody would be offered a lawyer paid for by the government unless they already have one. The bill would require independent child advocates at every site within 180 days and give advocates full ORR case files within 72 hours of request. ORR would provide private meeting space and confidential phone access for counsel, and USCIS would handle certain asylum filings for people who were ever treated as children.
Post-release help and Medicaid access
This bill would bar ORR from requiring every child to accept post-release services before release. Pre-release services could be required only after a case manager finds the child would face imminent physical or emotional harm without them. ORR would have to offer voluntary services like community navigators, school enrollment help, medical and vaccination record assistance, trauma-informed counseling, and support for sponsors of children with medical needs. The bill would state that released unaccompanied children are "lawfully residing" for Medicaid and CHIP pregnancy- and child-related rules in States that elected that coverage.
State licensing and background checks
If enacted, any group ORR hires to run childcare, group, or foster care must have State licensing. ORR would have to run FBI fingerprint and State child-abuse registry checks for foster home residents and influx staff before they interact with children, and deny placements or hires when convictions show a direct safety risk.
Medical, mental health, and education care
If enacted, children in ORR custody would get a full medical exam within two business days, CDC-consistent immunizations, ongoing medical and dental care, and mental-health screening and intervention. Facilities would provide school-like instruction Monday–Friday with transferable credits after 60 days, and daily physical activity and structured recreation (1 hour each day, rising to 3 hours on non-school days). Counseling records would generally be confidential and only shared after a child speaks with counsel and gives informed consent.
Limits on restrictive placements and transfers
If enacted, ORR would have to hold an administrative hearing before moving a child to a restrictive placement and prove the need by clear and convincing evidence. The bill would limit transfers, require 48 hours' advance notice to the child, sponsor, lawyer, and advocate (or 24 hours after in emergencies), and ban placement in secure or ICE-run facilities except in narrow, documented danger situations.
More immigration judges and staff
This bill would add at least 75 immigration judges, 75 law clerks, and 300 support staff in fiscal year 2026. It would require adequate support staff, technology, and space and bar using funds for numeric judge performance rules that harm fairness. The bill would direct administrative closure of cases when a person appears prima facie eligible for a visa or other benefit and has a pending application with USCIS or another federal agency. Appropriations would be authorized as needed to carry out these hires.
New Ombudsperson, audits, and data rules
If enacted, the bill would create an independent Ombudsperson office for unaccompanied noncitizen children with regional offices and subpoena power. ORR and DHS would have to send weekly facility and child-level data to the Ombudsperson and Congress, publish monthly summaries, and allow monthly oversight tours and rapid responses to audit findings. Annual facility audits and quick reporting to the Ombudsperson would be required.
Phase out large congregate care
If enacted, ORR would have to end placements in large congregate care (facilities for more than 25 people) two years after enactment and stop using federal funds for those placements. The Director must send Congress a plan within 90 days with benchmarks: 25% moved in 1 year, 75% in 545 days, and 100% in 2 years. ORR must also build emergency capacity and keep a supplemental list of at least 200 State-licensed beds so children are not kept long in influx facilities.
Staff training and materials rules
If enacted, staff who interact with unaccompanied children would get regular in-person training and a 30-day coaching plan. Training would cover trauma-informed care, child development, abuse prevention, cultural humility, de-escalation, and disabilities, and materials must be shared with the Ombudsperson before use.
Anti-retaliation and criminal penalties
If enacted, ORR could not punish legal services providers, child advocates, or others for suing or helping children under this Act. Federal and state staff, contractors, and providers could not retaliate against whistleblowers or complainants, and certain discrimination or retaliation violations could be charged as misdemeanors.
HHS $46.5 million caseworker fund
This bill would appropriate $46,500,000 to HHS as a contingency fund. The money would pay to hire case management specialists to help release children and prevent facilities from reaching full capacity. The funds would remain available until spent and would be used under the law's utilization triggers to lower case-manager ratios when needed.
Sponsors & CoSponsors
Sponsor
Merkley, Jeff [D-OR]
OR • D
Cosponsors
Sen. Durbin, Richard J. [D-IL]
IL • D
Sponsored 7/22/2026
Sen. Wyden, Ron [D-OR]
OR • D
Sponsored 7/22/2026
Sen. Sanders, Bernard [I-VT]
VT • I
Sponsored 7/22/2026
Sen. Hirono, Mazie K. [D-HI]
HI • D
Sponsored 7/22/2026
Sen. Warren, Elizabeth [D-MA]
MA • D
Sponsored 7/22/2026
Sen. Schatz, Brian [D-HI]
HI • D
Sponsored 7/22/2026
Sen. Klobuchar, Amy [D-MN]
MN • D
Sponsored 7/22/2026
Sen. Smith, Tina [D-MN]
MN • D
Sponsored 7/22/2026
Sen. Markey, Edward J. [D-MA]
MA • D
Sponsored 7/22/2026
Sen. Duckworth, Tammy [D-IL]
IL • D
Sponsored 7/22/2026
Sen. Gillibrand, Kirsten E. [D-NY]
NY • D
Sponsored 7/22/2026
Sen. Blumenthal, Richard [D-CT]
CT • D
Sponsored 7/22/2026
Sen. Welch, Peter [D-VT]
VT • D
Sponsored 7/22/2026
Sen. Whitehouse, Sheldon [D-RI]
RI • D
Sponsored 7/22/2026
Sen. Rosen, Jacky [D-NV]
NV • D
Sponsored 7/22/2026
Sen. Heinrich, Martin [D-NM]
NM • D
Sponsored 7/22/2026
Sen. Bennet, Michael F. [D-CO]
CO • D
Sponsored 7/22/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov