Sponsors (4)
The bill makes it easier for federal authorities to detain accompanied families together and operate federal facilities (reducing separation and legal uncertainty) while increasing the likelihood that children are held in detention, weakening local oversight and child‑specific protections, and imposing emotional and financial burdens on families.
Parents and their children who entered together will be detained together while misdemeanor unlawful-entry charges are pending, avoiding separation of families during prosecution.
Federal immigration authorities (DHS) gain clearer statutory authority to detain accompanied minors under existing INA detention rules, reducing legal uncertainty for federal operations and case management.
Preemption of state and local licensing for facilities simplifies and speeds use of federal facilities to house families and minors by reducing conflicting local requirements.
Children under 18 who are accompanied will be more likely to be detained rather than placed in community or child‑care settings, increasing risks of harm, trauma, and negative health outcomes for minors.
Preempting state and local licensing removes local oversight and safeguards for facilities holding children, weakening state ability to enforce child‑welfare standards and monitor conditions.
Shifting accompanied minors into the criminal/immigration detention framework risks limiting their access to child‑focused services and legal protections (including Flores-related safeguards), reducing procedural protections and specialized care.
Based on analysis of 2 sections of legislative text.
Makes federal detention authorities explicitly apply to accompanied children and requires DHS to detain entrants charged only with misdemeanor unlawful entry if they entered with a child, while preempting state licensing rules for such facilities.
Introduced January 3, 2025 by Andrew S. Biggs · Last progress January 3, 2025
Clarifies that detention of children who are not classified as "unaccompanied" is governed by specified INA detention provisions and removes any presumption against detaining children who arrive with a parent or guardian. Requires the Department of Homeland Security to keep in custody an alien charged only with misdemeanor unlawful entry when that person entered with a child under 18 while those misdemeanor charges are pending. The changes take effect on enactment, are made retroactive, and preempt State or local licensing rules for immigration detention facilities that hold children or family units.