KIDS Act

The term child has the meaning given such term in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)).

The term cognitive disability means a mental impairment that substantially limits one or more major life activities of an individual involving learning, reading, concentrating, thinking, or communicating, or the operation of a neurological or brain function, consistent with the meaning of disability under section 3(1) of the Americans with Disabilities Act (42 U.S.C. 12102(1)).

The term Department means the Department of Homeland Security.

The term primary caregiver means a noncitizen parent or legal guardian who is the primary caretaker of 1 or more minor children in the United States, including a noncitizen parent or legal guardian with a direct interest in family court, probate court, guardianship, or child welfare proceedings involving a minor child.

The term Secretary means the Secretary of Homeland Security.

The term sensitive location includes any physical space located within 1,000 feet of—

(A) any medical or mental health care facility, including any hospital, health care practitioner’s office, accredited health clinic, vaccination or testing site, emergent or urgent care facility, or community health center;

(B) any public or private school (including preschools, primary schools, secondary schools, and postsecondary schools (including colleges and universities)), any site of an early childhood education program, any other institution of learning, such as vocational or trade schools, and any other site where individuals who are unemployed or underemployed may apply for or receive workforce training;

(C) any scholastic or education-related activity or event, including field trips and interscholastic events;

(D) any school bus or school bus stop during periods when school children are present on the bus or at the stop;

(E) any recreational facility for children, such as playgrounds and formal recreational facilities;

(F) any child care focused facility, including child care centers, before or after school care centers, foster care facilities, and group homes for children;

(G) any location where disaster or emergency response and relief is being provided by Federal, State, or local entities, such as—

(i) the distribution of emergency supplies, food, and water;

(ii) any place of temporary shelter;

(iii) any place along an evacuation route; and

(iv) any site where registration for disaster-related assistance or family reunification is taking place;

(H) any location of any organization that—

(i) assists children, pregnant women, victims of crime or abuse, or individuals with significant mental or physical disabilities, including domestic violence shelters, child advocacy centers, facilities that serve disabled persons, drug or alcohol counseling and treatment facilities, rape crisis centers, supervised visitation centers, family justice centers, victims’ services providers, and community-based organizations providing social services; or

(ii) provides disaster or emergency social services and assistance, or services for individuals experiencing homelessness, including food banks, pantries, or other establishments distributing food, and shelters;

(I) any church, synagogue, mosque, or other place of worship or religious study, such as buildings rented for the purpose of religious services or a temporary facility or location where such activities are taking place;

(J) any site of a funeral, graveside ceremony, wedding, or any site where other religious or civil ceremonies or observances are occurring;

(K) any site during a public demonstration, such as a march, rally, or parade;

(L) any Federal, State, or local courthouse, including immigration courts operated by the Executive Office for Immigration Review, the office of an individual’s legal counsel or representative, probation offices, and any facility where programs or services are provided in relation to a court proceeding;

(M) any congressional district office;

(N) any office of the Social Security Administration;

(O) any public assistance office, including locations at which individuals may apply for or receive unemployment compensation or report violations of labor and employment laws;

(P) the indoor or outdoor premises of a department of motor vehicles;

(Q) a polling place, including any building or infrastructure at which voting takes place during an election;

(R) a labor union hall or any other union-operated building or office at which registered applicants are referred in rotation to jobs;

(S) any public library; or

(T) any other location specified by the Secretary.

Except as provided in section 5, the Department may not detain a child, an individual with a cognitive disability, or a primary caregiver of a child or individual with a cognitive disability.

If a detention is permitted under section 5, the Department may not detain any child or individual with a cognitive disability without the confirmed notification of a parent or legal guardian of such child or individual. All such detentions shall be reported to Congress not later than 24 hours after the Department takes such a child or individual into custody.

There shall be a presumption that a primary caregiver of a child or an individual with a cognitive disability may not be detained unless the Department Secretary documents, based on clear and convincing evidence that has been provided to the primary caregiver of such child or individual, that release of the primary caregiver is unreasonable or impracticable.

If a child or an individual with a cognitive disability is detained by the Department in violation of subsection (a), the Department shall prioritize the prompt release of such child or individual to—

(A) a parent or legal guardian;

(B) a designated caregiver identified by a parent or legal guardian of such child or individual;

(C) the appropriate State or local child or adult protective services agency; or

(D) appropriate officials of the Department of Health and Human Services Office of Refugee Resettlement, if appropriate and practicable.

For purposes of paragraph (1)(B), the Department shall recognize and give effect to any written instrument executed by a parent or legal guardian that delegates temporary caregiving authority or parental authority to another individual, including a power of attorney or other document authorized under applicable State law.

The Department may take reasonable steps to verify the identity of the designated caregiver or the authenticity of the written instrument described in paragraph (2), but such verification shall not unreasonably delay the release of the child or individual with a cognitive disability.

All determinations made under this subsection shall be guided by the best interests of the child or individual with a cognitive disability.

Except as provided in section 5, the Department may not conduct, engage in, or execute any immigration enforcement action that takes place at, is focused on, or occurs within 1,000 feet of, a sensitive location.

For purposes of this section, an immigration enforcement action shall be considered to occur at a sensitive location if such action is taken while an individual is traveling to, attending, or returning from a sensitive location.

(1) any information obtained as a result of such enforcement action for purposes of establishing alienage or chargeability may not be—

(A) entered into the record or received into evidence in a removal proceeding; or

(B) used by the Department to effectuate any type of removal;

(2) the noncitizen who was the subject of such removal proceedings may file a motion to enforce the prohibition under section 4, including through a motion to terminate such proceedings;

(3) any individual who was detained in violation of such section shall be released from detention; and

(4) any person wrongfully detained shall be placed in section 240 proceedings, which require the Department to rebut the presumption of the individual's eligibility for release by clear and convincing evidence.