What does Preamble of HELP Separated Children Act do?

This bill is formally titled 'To protect children affected by immigration enforcement actions, and for other purposes'.

What does SHORT TITLE. of HELP Separated Children Act do?

This bill is formally titled the "Humane Enforcement and Legal Protections for Separated Children Act" or the "HELP Separated Children Act".

What does DEFINITIONS. of HELP Separated Children Act do?

This section defines terms used throughout the Act. “Apprehension” is defined as detention or arrest by Department officials or cooperating entities. “Child” is defined as an individual younger than 18 years of age. “Child welfare agency” refers to State or local agencies responsible for child welfare services under titles IV of the Social Security Act. “Cooperating entity” means a Federal, State, or local entity acting under an agreement with the Secretary regarding immigration detention and apprehension. “Department” is defined as the Department of Homeland Security. “Detention facility” includes government and privately operated facilities used to hold individuals under U.S. Immigration and Customs Enforcement authority. “Immigration enforcement action” means the apprehension of individuals believed to be removable under the Immigration and Nationality Act. “Parent” includes biological, adoptive, or legally recognized parents, legal guardians, and kin caregivers. “Secretary” is defined as the Secretary of Homeland Security.

What does IDENTIFICATION OF PARENTS DETAINED DURING IMMIGRATION of HELP Separated Children Act do?

This section requires the Secretary and cooperating entities to inquire whether a detained individual is a parent of a child in the United States. The inquiry regarding parental status must occur as soon as practicable, generally within two hours of an immigration enforcement action. Inquiries about changes to parental status must occur at every official interaction within a detention facility. A final inquiry regarding parental status must occur at least 10 days before an individual’s removal from the United States.

What does APPREHENSION PROCEDURES FOR IMMIGRATION ENFORCEMENT ACTIONS. of HELP Separated Children Act do?

This section outlines procedures for immigration enforcement actions involving parents of children in the United States. Apprehended parents are to be provided opportunities to arrange for their child's care, including making telephone calls and receiving contact information for legal, consular, and child welfare resources. Child welfare agencies are to be notified only if the parent wants the child to remain in the US and cannot arrange care or if there's a risk of imminent harm to the child. Personnel are prohibited from using excessive force in the presence of children, compelling children to interpret, or deceiving children to facilitate enforcement actions. Parents present during enforcement actions should be given opportunities to communicate with and reassure their children. Transfers of apprehended parents are restricted until care arrangements for the child are made, or the parent is consulted and involved in the decision-making process within 48 hours. Detention facilities should, where practicable, facilitate visitation with children and be located near the child's residence or the enforcement action location. If state or local entities hold individuals at the Secretary’s request, those individuals must receive the protections described in subsection (a) if they are parents. This section does not limit obligations related to trafficking victims under specific acts and agreements.

What does ACCESS TO CHILDREN, STATE AND LOCAL COURTS, CHILD WELFARE of HELP Separated Children Act do?

This section requires the Secretary to ensure detained parents have opportunities for regular phone and video calls and contact visits with their children, ideally in a child-friendly setting. Detained parents are to be provided with contact information for child welfare agencies and family courts in relevant jurisdictions. The section mandates opportunities for detained parents to participate in family court proceedings and case planning activities. Detained parents should have access to legal counsel, child welfare agencies, and family courts to ensure the best interests of their children are considered. Parents must be given opportunities to comply with family court or child welfare agency orders and access to necessary documents like passports and birth certificates for their children. The Secretary must designate points of contact at detention facilities and field offices to assist detained parents with child welfare case plans and family court proceedings. A national coordinator will be appointed to serve as a subject-matter expert on child welfare and guardianship issues for parents facing immigration enforcement actions. The national coordinator will collect and analyze data on parental status, share information with points of contact, and provide guidance and training on facilitating parental participation in family court proceedings. The section aims to facilitate reunification with parents before and after removal from the United States, including assisting with travel documents and coordinating with relevant agencies.

What does PROSECUTORIAL DISCRETION. of HELP Separated Children Act do?

This section concerns prosecutorial discretion in immigration enforcement actions. The Secretary must consider the best interests of the child when making decisions related to a parent facing immigration enforcement. Decisions to be considered include whether to prosecute the individual, transfer them to a different detention facility, release them to care for the child, or consider alternatives to detention or release.

What does FACILITATION OF RETURN TO THE UNITED STATES. of HELP Separated Children Act do?

This section allows the Secretary to facilitate the reentry of a parent to the United States on a case-by-case basis. The parent must have been previously removed through a grant of parole. Reentry may be facilitated if the parent can demonstrate a pending or ongoing termination of parental rights hearing or other family court hearing. Reentry may be facilitated if the parent's child is experiencing a humanitarian need, such as a medical emergency. Reentry may be facilitated if the parent’s child is deceased, for the purpose of attending the child’s funeral.

What does MANDATORY TRAINING. of HELP Separated Children Act do?

This section mandates training for Department of Homeland Security employees, cooperating entities, and detention facilities. The training focuses on protections outlined in sections 4 and 5 of the Act, including minimizing trauma to children and detecting abuse or neglect. The training applies to employees with positions related to parental interests, those involved in immigration enforcement, and those who contact parents of children in the U.S. Current employees must complete the training within 180 days of the Act's enactment and annually thereafter. New hires must complete the training upon commencing duty and annually thereafter.

What does DATA COLLECTION. of HELP Separated Children Act do?

This section mandates the collection of data related to parents in the custody of U.S. Immigration and Customs Enforcement (ICE). Data collection will occur every 180 days, beginning 180 days after the Act's enactment, in consultation with the Secretary of Health and Human Services. The collected information includes the number and percentage of parents with children in the U.S., those with children in the child welfare system, and those released by ICE. The data also covers parents subject to removal orders who choose to take or leave their children in the U.S. The Secretary must also collect data on personnel training regarding parental rights within ICE, visitation frequency, and distances between detention facilities and children's homes. A report containing this data must be submitted to specified congressional committees every 180 days. The initial report requires a detailed summary of the Secretary's efforts to establish data collection protocols. Subsequent reports must include information on employee training under section 7. The report is to be made publicly available on a Department website. The Secretary must ensure consistent data collection methods and protect personally identifiable information.

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HELP Separated Children Act

Last updated: 4/27/2026 · Introduced: 4/27/2026

Author: Tina Smith (D-MN)

TL;DR (AI)

The bill requires immigration officials to promptly inquire about parental status during immigration enforcement actions and maintain ongoing communication regarding changes.
Apprehended parents will be provided opportunities to arrange for their child's care, including communication and access to legal and child welfare resources, with notifications to child welfare agencies only under specific circumstances.
The bill mandates that the Department of Homeland Security consider the best interests of a child when making decisions about a parent facing immigration enforcement, such as prosecution or detention.
It requires the Department of Homeland Security to provide detained parents with regular communication and visitation opportunities with their children, along with access to legal counsel and family court proceedings.
The bill mandates training for Department of Homeland Security personnel on protecting children during immigration enforcement and requires data collection on parents in ICE custody to monitor implementation and outcomes.

119th Congressin committeeOfficial page

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Includes provisions on preamble, short title., and 10 more.

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