Dignity and Due Process for Children Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9270 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9270

  To address the enforcement of the immigration laws with respect to
                         unaccompanied minors.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 2026

 Ms. Dexter (for herself, Ms. Pelosi, Mr. Casar, Mr. Castro of Texas,
  Mr. McGovern, Mr. Goldman of New York, Mr. Lieu, Mrs. Ramirez, Mr.
 Frost, Ms. Hoyle of Oregon, Ms. Salinas, Ms. Tlaib, Ms. Escobar, Ms.
 Ansari, Ms. Crockett, Ms. Garcia of Texas, Ms. Jacobs, Ms. Simon, Mr.
   Thanedar, Ms. McClellan, Ms. Randall, Mr. Garcia of Illinois, Ms.
  Mejia, Mrs. Foushee, Mrs. Fletcher, and Ms. Norton) introduced the
 following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committee on Armed Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
  of such provisions as fall within the jurisdiction of the committee
                               concerned

_______________________________________________________________________

                                 A BILL

  To address the enforcement of the immigration laws with respect to
                         unaccompanied minors.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dignity and Due Process for Children
Act of 2026''.

SEC. 2. ENFORCEMENT OF IMMIGRATION LAWS WITH RESPECT TO UNACCOMPANIED
              ALIEN CHILDREN.

    (a) In General.--Section 287 of the Immigration and Nationality Act
(8 U.S.C. 1357) is amended by adding at the end the following:
    ``(i) An alien under 18 years of age, encountered by an immigration
officer encountered in the United States beyond a border or port of
entry without a parent or legal guardian at the time of such encounter,
may not be arrested or detained pending a decision on whether such
alien is to be removed from the United States unless a warrant is
issued for such arrest by an immigration judge.''.
    (b) Prohibition on Military Transport.--
            (1) Prohibition.--Except as provided in paragraph (2)--
                    (A) no member of the Armed Forces, or contractor of
                the Department of Defense, may be deployed or otherwise
                used to transport an unaccompanied alien child for the
                purpose of enforcing the immigration laws, including
                any deportation, expulsion, or removal; and
                    (B) no vessel, aircraft, or vehicle owned or
                operated by the Department of Defense may be used for
                such transport.
            (2) Exception.--Paragraph (1) shall not apply with respect
        to the use or deployment of a member of the Armed Forces, or
        the use of a vessel, aircraft, or vehicle specified in such
        paragraph, in a location in the United States under a
        presidential declaration under the Robert T. Stafford Disaster
        Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in
        response to a natural disaster or other weather-related event.
    (c) Representation Requirement.--The Attorney General, the
Secretary of Homeland Security, the Secretary of Health and Human
Services, or the head of any other agency, as applicable, shall not
require or in any way induce or coerce an unaccompanied alien child to
sign any legal document impacting their custody, placement, or
immigration status to waive their right to a hearing or the opportunity
to file applications for immigration relief, accept removal or
voluntary return, accept criminal liability, or concede to removability
without a meaningful opportunity to consult confidentially with a
lawyer. If the child does not have a lawyer, the government shall
immediately provide the child a referral to and ensure the child is
provided an opportunity to consult confidentially with a legal services
provider at the earliest point practicable and not more than 5 business
days after the date on which the agency presents the unaccompanied
alien child with the legal document.
    (d) Rule of Construction.--Nothing in this Act may be construed to
supersede the Trafficking Victims Protection Reauthorization Act (22
U.S.C. 7101 note).
    (e) Definitions.--In this section:
            (1) Immigration laws.--The term ``immigration laws'' shall
        have the definition given such term in section 101 of the
        Immigration and Nationality Act (8 U.S.C. 1101).
            (2) Unaccompanied alien child.--The term ``unaccompanied
        alien child'' shall have the meaning given such term in section
        462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).
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