Sponsor
Michael F. Bennet
Senator · D-CO
Senator · D-CO
The bill strengthens protections for children, families, people with disabilities, and due process at sensitive locations and after unlawful enforcement, but does so by narrowing enforcement discretion and creating legal and administrative costs and uncertainties that could complicate removals and public-safety operations.
Noncitizen children and their families: the bill largely bars routine detention of children, creates a presumptive exemption for primary caregivers, and allows release to designated caregivers so families reunite quickly and avoid separation.
People seeking services at schools, hospitals, courts, and other sensitive sites: enforcement is restricted near those locations, reducing fear and improving safe, uninterrupted access to education, medical care, and social services.
Noncitizens subjected to unlawful enforcement: evidence obtained from unlawful actions is excluded, proceedings can be terminated, detainees must be released, and the government bears a higher burden to justify continued detention — strengthening due-process protections.
Public safety and enforcement flexibility: broad limits on detention and extensive sensitive-location protections could hinder timely arrest or removal of dangerous individuals and constrain law-enforcement operational options.
Legal uncertainty and concentrated discretion: a wide 1,000-foot sensitive-location zone plus authority for the Secretary to designate additional sites creates ambiguous standards and places discretionary power in DHS, risking inconsistent application and litigation.
Administrative and fiscal burdens: prompt-release verification, expanded reporting, higher evidentiary burdens, and motions to terminate will raise logistical challenges, staff time, and litigation costs for DHS, state/local agencies, and courts.
Based on analysis of 6 sections of legislative text.
Limits DHS immigration enforcement and detention at or within 1,000 feet of broadly defined sensitive locations and protects children, people with cognitive disabilities, and primary caregivers.
Official title: Limit the Department of Homeland Security from detaining children and individuals with a cognitive disability and to prohibit immigration enforcement actions at sensitive locations without a court-issued criminal warrant.
Introduced May 20, 2026 by Michael F. Bennet · Last progress May 20, 2026
Bars most immigration enforcement actions and detention of children, people with cognitive disabilities, and primary caregivers at or within 1,000 feet of a long list of “sensitive locations” (schools, medical facilities, places of worship, courthouses, voting sites, shelters, etc.). Creates a presumption against detaining primary caregivers, requires rapid notification to parents/guardians and Congress when limited detentions occur, and requires release to a parent/guardian or designated caregiver when the prohibition is violated. Enforcement pursuant to a court-issued criminal arrest or search warrant is allowed. Evidence or information gathered in violation of the location prohibition is excluded from removal proceedings and provides remedies including motions to terminate proceedings. The bill defines key terms (child, cognitive disability, primary caregiver, sensitive location), sets procedures and timing for notification and release, and establishes remedies and evidentiary rules for violations. It emphasizes the best interests of children and people with cognitive disabilities and creates a high burden (clear and convincing evidence) for DHS to justify detaining a primary caregiver or using information captured at protected sites.