PRIA Logo™
S5093119th Congress

PROKID Act

Sponsored By: Senator Gillibrand, Kirsten E. [D-NY]

Introduced

Summary

Independent oversight for immigrant children in federal custody. This bill would create an independent Office of the Ombudsperson at HHS to monitor conditions, push for quicker releases, and set tighter data transparency and privacy rules.

Show full summary
  • Children and families: The Ombudsperson would investigate abuse and mistreatment, advocate for children to be held in the least restrictive setting, and push for release of a child and their parent or guardian within 72 hours when detained together. The office would also offer individual case assistance for long or urgent cases.
  • Agencies and case review: The office would be separate from the Office of Refugee Resettlement and DHS, with subpoena authority (subject to HHS approval), rights to attend ORR placement review panels, and a duty to make policy recommendations every 180 days with ORR responses due within 90 days.
  • Data and privacy: ORR must build a data system with monthly publication of the prior month’s custody and placement metrics by the 15th. The bill bars using the data for immigration or law enforcement and limits access to identifiable records to authorized Ombudsperson staff.

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

4 provisions identified: 4 benefits, 0 costs, 0 mixed.

Help lines and case-level advocacy

If enacted, the Ombudsperson would run a toll-free phone line and an email for complaints and placement reviews. Each child in a facility must have access to a phone. The email must be available to sponsors, Flores counsel, legal service providers, and advocates. After consulting a child’s lawyer, the office could offer individual case assistance for long-pending or expedited cases. The office must tell people they may refuse further communications and must explain the office’s role.

New custody data access and limits

If enacted, DHS and the Ombudsperson would sign an MOU requiring DHS to give real-time custody data for each detained child. ORR would build a data system and post the prior month’s facility and placement data by the 15th of each month. The Ombudsperson could, with HHS approval, issue subpoenas that must be satisfied within 7 days. Data must be de-identified where possible and may not be used for immigration or law enforcement. The Comptroller General must review the coordination within 2 years.

Ombudsperson for detained children

If enacted, HHS would create an independent Office of the Ombudsperson for Immigrant Children in Immigration Custody. The Ombudsperson would be appointed by and report to the HHS Secretary and must have immigration law and child welfare experience. The office would push for least-restrictive placements and timely, safe release of children. If a child is held with a parent or guardian in DHS custody, the office would advocate for both to be released together not later than 72 hours after apprehension.

Stronger inspection and oversight rules

If enacted, the Ombudsperson must set up an expert advisory committee within 90 days and hold quarterly meetings. The committee must do monthly onsite monitoring of facilities and interview children in private. The office would investigate abuse, neglect, access to counsel, and lengthy custody. State licensing violations would be reported to the state, and legal violations reported to HHS within 30 days. The Ombudsperson must send recommendations to the ORR Director at least every 180 days and get a written response within 90 days; unresolved issues may go to the HHS Secretary. The bill also creates a quarterly interagency working group, preserves Flores counsel's independent enforcement rights, and requires an annual report to Congress by September 30.

Sponsors & CoSponsors

Sponsor

Gillibrand, Kirsten E. [D-NY]

NY • D

Cosponsors

  • Sen. Durbin, Richard J. [D-IL]

    IL • D

    Sponsored 7/23/2026

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
Back to Legislation