[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4590 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4590
To 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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 20, 2026
Mr. Bennet introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLES.
This Act may be cited as the ``Keeping Immigrants and Destinations
Safe Act'' or the ``KIDS Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Child.--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)).
(2) Cognitive disability.--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)).
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Primary caregiver.--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.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) Sensitive location.--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.
SEC. 3. DETENTION OF CHILDREN.
(a) Limitation.--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.
(b) Parental Notice and Reporting.--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.
(c) Limitation on Detention of Primary Caregivers.--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.
(d) Release to Designated Caregiver or Child Welfare Authority.--
(1) In general.--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.
(2) Recognition of delegated parental authority.--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.
(3) Verification.--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.
(4) Best interests of the child.--All determinations made
under this subsection shall be guided by the best interests of
the child or individual with a cognitive disability.
SEC. 4. LIMITATION ON ENFORCEMENT ACTIONS AT SENSITIVE LOCATIONS.
(a) In General.--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.
(b) Travel to and From Sensitive Locations.--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.
SEC. 5. EXCEPTION FOR CRIMINAL WARRANTS.
The restrictions under sections 3 and 4 may not be construed to
prohibit or restrict enforcement actions conducted pursuant to a
criminal arrest warrant or a criminal search warrant issued by a court
of competent jurisdiction.
SEC. 6. REMEDIES FOR VIOLATIONS.
In the event of a violation of section 4--
(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.
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