[Congressional Record Volume 172, Number 94 (Wednesday, June 3, 2026)]
[Senate]
[Pages S2539-S2540]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5529. Mr. BENNET submitted an amendment intended to be proposed by
him to the bill S. 2, to provide for reconciliation pursuant to title
II of S. Con. Res. 33; which was ordered to lie on the table; as
follows:
At the end of the bill, add the following:
SEC. 301. SHORT TITLES.
This title may be cited as the ``Keeping Immigrants and
Destinations Safe Act'' or the ``KIDS Act''.
SEC. 302. DEFINITIONS.
In this title:
(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. 303. DETENTION OF CHILDREN.
(a) Limitation.--Except as provided in section 305, 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 305, 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.--
[[Page S2540]]
(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. 304. LIMITATION ON ENFORCEMENT ACTIONS AT SENSITIVE
LOCATIONS.
(a) In General.--Except as provided in section 305, 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. 305. EXCEPTION FOR CRIMINAL WARRANTS.
The restrictions under sections 303 and 304 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. 306. REMEDIES FOR VIOLATIONS.
In the event of a violation of section 304--
(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 304, 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
proceedings under section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a), which require the
Department to rebut the presumption of the individual's
eligibility for release by clear and convincing evidence.
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