Orlin’s Law

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9745 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9745

To require certain protections for any dependent child whose parent is
               a detained alien, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 2026

Ms. Jayapal (for herself, Ms. Barragan, Mr. Casar, Ms. Chu, Mr. Correa,
Ms. Crockett, Mr. Davis of Illinois, Ms. Dexter, Mr. Frost, Mr. Garcia
   of Illinois, Mr. Goldman of New York, Mr. Johnson of Georgia, Mr.
 Krishnamoorthi, Ms. Lee of Pennsylvania, Mr. Lieu, Mr. McGovern, Ms.
  Mejia, Ms. Omar, Mr. Pocan, Ms. Simon, Mr. Smith of Washington, Ms.
Tlaib, Mr. Tonko, Ms. Velazquez, Ms. Wasserman Schultz, Mr. DeSaulnier,
 and Mr. Carson) introduced the following bill; which was referred to
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

To require certain protections for any dependent child whose parent is
               a detained alien, and for other purposes.

    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 ``Orlin's Law''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) family units should be considered a ``humanitarian or
        significant public benefit'' as it relates to the authority of
        the Secretary of Homeland Security to grant parole under
        section 212(d)(5) of the Immigration and Nationality Act; and
            (2) being an alien parent shall not be considered a
        negative factor when determining child custody.

SEC. 3. SPECIAL RULE FOR PARENTS.

    (a) Parents.--Not later than 2 hours after taking an alien into
custody under the immigration laws (as such term is defined in section
101 of the Immigration and Nationality Act (8 U.S.C. 1101)), and prior
to transferring the alien to a detention facility, the Secretary of
Homeland Security shall request information from the alien on whether
the alien is a covered parent and document the response.
    (b) Limitation on Detention.--If the Secretary of Homeland Security
determines that an alien who is in custody under the immigration laws
is a covered parent, the Secretary shall release such alien unless an
immigration judge determines that the Secretary has demonstrated, by
clear and convincing evidence, that the alien poses an individualized
risk to the safety of any other person or the community that cannot be
mitigated through placement in a supervised release program.
    (c) Safety Risks.--In the case that a covered parent poses an
individualized risk described in subsection (b), the Secretary of
Homeland Security shall determine the least restrictive placement for
the individual, including placement in a community-based supervision
program under section 236(g) of the Immigration and Nationality Act.
    (d) Requirement.--In the case that an alien is in custody under the
immigration laws, the Secretary of Homeland Security shall inquire
about the parental status, or a change in parental status, of such
alien during any interaction relating to the determination of the
alien's immigration status and no less than once each month.

SEC. 4. IDENTIFYING DETAINED PARENTS.

    (a) Detained Aliens.--Any covered parent in the custody of the
Department of Homeland Security shall be allowed to--
            (1) make telephone calls, without charge, to arrange for
        the care of each of their dependent children prior to any
        transfer, including in preparation for removal;
            (2) arrange regular in person visits with each of their
        dependent children; and
            (3) make daily telephone and video calls to each of their
        dependent children, without charge.
    (b) Limitation on Transfers.--The Secretary of Homeland Security
may not transfer a covered parent who is detained under the immigration
laws to an area of responsibility of U.S. Immigration and Customs
Enforcement that is a different area of responsibility than the area in
which the covered parent was initially detained or the habitual place
of residence of the child of such parent, except in exceptional
circumstances or if legally required.

SEC. 5. ATTENDING COURT PROCEEDINGS.

    (a) In General.--The Secretary of Homeland Security shall ensure
that any covered parent has the opportunity to--
            (1) initiate or participate fully and, to the extent
        practicable, in person in--
                    (A) any family court proceeding;
                    (B) any other proceeding that may impact the right
                of the individual to take custody of their dependent
                child; and
                    (C) any case planning activity;
            (2) make confidential telephone calls, without charge, to
        any legal counsel, relevant child welfare agency or applicable
        contracted entity or provider, community and family members, or
        family court as often as necessary to ensure that the best
        interests of such dependent child, including a preference for
        family unity whenever appropriate, may be considered in a child
        welfare agency or family court proceeding;
            (3) fully comply with each family court or child welfare
        agency order impacting the custody of such dependent child;
            (4) submit United States passport applications or other
        relevant travel document applications for the purpose of
        obtaining travel documents for such dependent child;
            (5) have timely and free access to a notary public for
        purposes of applying for a passport for such dependent child or
        executing guardianship or other agreements to ensure the safety
        of such dependent child;
            (6) have adequate time and opportunity before removal to
        obtain passports, apostilled birth certificates, travel
        documents, medical records, educational records, and other
        necessary records on behalf of such dependent child if such
        child will accompany the individual to the country of removal
        or eventually join the individual in such country;
            (7) have adequate time and access to any documents in the
        possession of the Secretary of Homeland Security that are
        necessary to make arrangements for the dependent child's care,
        travel, or safety, including access to any identity document
        and passport of the covered parent;
            (8) have adequate time and notice regarding their dependent
        child's travel arrangements with respect to removal, including
        the time of travel, reporting location, manner of
        transportation, and who is facilitating such travel; and
            (9) share information regarding such travel arrangements
        with his or her legal counsel, consulate, dependent child,
        child welfare agencies, or other caregivers before the alien
        departs the United States.
    (b) Immigration Court Proceedings.--During a proceeding before an
immigration court the immigration judge shall, as the judge determines
necessary, appoint counsel to a covered parent, at the expense of the
Government, during family integrity custody review proceedings.

SEC. 6. PARENTAL RIGHTS.

    If a dependent child is physically separated from a covered parent
as a result of such parent's detention under the immigration laws, and
a State court has not made a determination that the parental rights of
such parent have been terminated, there is a presumption that--
            (1) the parental rights remain intact; and
            (2) such separation does not constitute an affirmative
        determination of abandonment, abuse, or neglect under Federal
        or State law.

SEC. 7. REMOVAL OF DETAINED PARENTS.

    (a) Request for Removal With Dependent Child.--The Secretary of
Homeland Security shall provide oral and written notice to each covered
parent who is subject to a final order of removal, in each covered
parent's preferred language, that the alien may, in writing--
            (1) request removal from the United States with, and to the
        same country as, their dependent children; and
            (2) amend a request described in paragraph (1).
    (b) Rule of Construction.--Nothing in this section may be construed
to give effect to any request under this section made under duress or
any other coercive condition.

SEC. 8. TRAINING AND NATIONAL COORDINATOR.

    (a) Establishment.--There is established within the headquarters of
U.S. Immigration and Customs Enforcement an Office of Detained Parent
Coordination, headed by the National Coordinator.
    (b) Responsibilities.--The National Coordinator shall be
responsible for the following:
            (1) Serving as the primary point of contact and subject-
        matter expert for Enforcement and Removal Operations personnel
        of U.S. Immigration and Customs Enforcement regarding State
        child welfare or guardianship issues related to detained
        aliens.
            (2) Conducting data collection and analysis, including
        evaluating, on an ongoing basis, information collected from a
        U.S. Immigration and Customs Enforcement records system.
            (3) Assigning and maintaining field points of contact for
        matters pertaining to detained covered parents.
            (4) Providing guidance to each field point of contact
        assigned under paragraph (3) on--
                    (A) participation in family court, child welfare,
                or guardianship proceedings for detained covered
                parents;
                    (B) visitation protocols for detained covered
                parents; and
                    (C) facilitation of participation by detained
                covered parents in child welfare services and programs.
            (5) Ensuring that detained covered parents are provided the
        opportunity to--
                    (A) consult with counsel and consular officials;
                    (B) communicate with family courts, child welfare
                personnel, and family members or friends to arrange
                guardianship or care, in accordance with sections 4 and
                5;
                    (C) obtain travel documents or make necessary
                travel arrangements, for the dependent child of such
                alien; and
                    (D) access necessary services to meet case plans,
                status and permanency goals in child welfare
                proceedings.
            (6) Coordinating with relevant Enforcement and Removal
        Operations personnel, field office directors, State or local
        court or child welfare personnel, legal counsel representing
        covered parents, and consular officials to facilitate the
        timely response to any issue or complaint received by U.S.
        Immigration and Customs Enforcement regarding the parental or
        guardianship interests of a detained alien.
            (7) Establishing and maintaining a national, publicly
        available designated mechanism through which family courts,
        child welfare agencies, legal counsel, and other stakeholders
        may provide the Secretary of Homeland Security with notice of
        family court proceedings, child welfare matters, case planning
        activities, or other proceedings affecting a covered parent's
        custodial rights or relationship with their dependent child,
        for the purpose of facilitating the parent's timely notice of
        and meaningful participation in such proceedings.
            (8) Facilitating the removal of covered parents with each
        dependent child, as requested.
            (9) Assisting with obtaining travel documents for dependent
        children as needed.
            (10) Coordinating with Federal and State or local child
        welfare agencies, caretakers, foreign governments, or other
        appropriate stakeholders.
            (11) Establishing travel procedures (that do not use
        contractors) for a dependent child to travel and be conveyed
        safely to the detention facility in which the covered parent is
        located for reunification and travel prior to removal.
    (c) Training.--The Secretary of Homeland Security, in consultation
with independent child welfare and family law experts, shall develop
and provide training on the protections required under this Act to each
employee of the Department of Homeland Security, including detention
facility staff who interact with covered parents.
    (d) Staff.--The Office of Detained Parent Coordination shall be
staffed by not less than 8 full-time employees.
    (e) Qualification of National Coordinator.--The National
Coordinator shall have not less than 10 years of experience in child
welfare, family court matters, or guardianship matters.
    (f) Online Detainee Locator System.--The Secretary of Homeland
Security shall ensure that the online detainee locator system
maintained by the Department, or any successor system, is updated to
include information on whether aliens were referred by State and local
law enforcement agencies prior to transfer into the custody of U.S.
Immigration and Customs Enforcement.

SEC. 9. COMMUNITY-BASED CASE MANAGEMENT PROGRAM.

    Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226)
is amended by adding at the end the following:
    ``(g) Community-Based Case Management Program.--The Secretary of
Homeland Security shall establish, outside of the purview of U.S.
Immigration and Customs Enforcement, a community-based case management
program that--
            ``(1) provides alternatives to detaining aliens; and
            ``(2) offers a continuum of community-based support options
        and services, including--
                    ``(A) case management;
                    ``(B) access to--
                            ``(i) social services;
                            ``(ii) medical and mental health services;
                            ``(iii) housing;
                            ``(iv) transportation; and
                            ``(v) legal services; and
                    ``(C) provides services in the appropriate
                language.''.

SEC. 10. REPORTING REQUIREMENTS.

    (a) In General.--On a quarterly basis, the Secretary of Homeland
shall publish on the Department of Homeland Security website--
            (1) the number of covered parents that were--
                    (A) detained by U.S. Immigration and Customs
                Enforcement;
                    (B) transferred to the custody of the Department of
                Homeland Security from a State or local law enforcement
                agency;
                    (C) supported by the Secretary to make custody
                arrangements for each of their dependent children
                immediately after being taken into custody; and
                    (D) supported by the Director of U.S. Immigration
                and Customs Enforcement to make custody arrangements
                while in U.S. Immigration and Customs Enforcement
                custody;
            (2) the number of such aliens in any ongoing proceeding,
        disaggregated by type of proceeding including family court,
        child welfare, or guardianship proceeding;
            (3) the number of such aliens with respect to which U.S.
        Immigration and Customs Enforcement facilitated participation
        in such proceedings;
            (4) the minimum, maximum, average, and median duration for
        which covered parents who are detained by U.S. Immigration and
        Customs Enforcement are in the custody;
            (5) information on the placement of dependent children
        whose parent is a detained alien, including placement in foster
        care; and
            (6) the number of dependent children removed with their
        parent, disaggregated by the citizenship status and age of such
        children.
    (b) Submission to Congress.--
            (1) In general.--Not later than 180 days after the date of
        the enactment of this Act, and every 180 days thereafter, the
        Secretary of Homeland Security shall submit a report that
        contains the information collected under subsection (a) for the
        preceding 180-day period to--
                    (A) the Committee on the Judiciary, Committee on
                Homeland Security and Governmental Affairs, and the
                Committee on Health, Education, Labor, and Pensions of
                the Senate; and
                    (B) the Committee on the Judiciary, Committee and
                Homeland Security, and the Committee on Education and
                Workforce of the House of Representatives.
            (2) Initial report.--The initial report submitted under
        paragraph (1) shall include a detailed summary of the efforts
        of the Secretary to carry out this Act, including a description
        of the manner in which the Secretary plans collect and store
        the data required to be included in each report.
            (3) Subsequent reports.--Each subsequent report submitted
        under paragraph (1) shall include, for the preceding 180-day
        period--
                    (A) the number employees of the Department,
                coordinating entities, and detention facilities
                provided annual training under section 8; and
                    (B) the number of new employees of the Department,
                coordinating entities, and detention facilities who
                have been provided an initial training under that
                section.
    (c) Methods.--In carrying out this section, the Secretary shall
ensure that--
            (1) the methods for collecting information are consistent
        from year to year so as to enable the tracking of trends across
        years; and
            (2) personally identifiable information is protected.

SEC. 11. REMEDIES.

    (a) In General.--Notwithstanding the immigration laws (as such term
is defined in section 101 of the Immigration and Nationality Act (8
U.S.C. 1101)), in the case of a covered parent described in subsection
(b), the Secretary of Homeland Security shall--
            (1) if the parent desires reunification, facilitate the
        reunification in the United States of any dependent child with
        the parent in a community-based setting, at the expense of the
        Government, as expeditiously as possible, but not later than 2
        months after the removal of the covered parent; and
            (2) facilitate, at the expense of the Government, the
        ability of the parent to make necessary arrangements for their
        dependent child to remain in the United States, including
        participation in any family court or child welfare proceedings.
    (b) Covered Parent Described.--A covered parent described in this
subsection is a covered parent--
            (1) who was removed from the United States;
            (2) with respect to whom the Secretary did not afford the
        protections required under this Act; and
            (3) whose dependent child remained in the United States
        after the parent's removal.

SEC. 12. SAVINGS CLAUSE.

    Nothing in this Act may be construed to impede, delay, or limit the
obligations of the Secretary of Homeland Security, the Attorney
General, or the Secretary of Health and Human Services under--
            (1) section 235 of the William Wilberforce Trafficking
        Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232);
            (2) section 462 of the Homeland Security Act of 2002 (6
        U.S.C. 279); or
            (3) the stipulated settlement agreement filed in the United
        States District Court for the Central District of California on
        January 17, 1997 (CV 85-10BUR26159 V3Y S.L.C.4544-RJK)
        (commonly known as the ``Flores Settlement Agreement'').

SEC. 13. DEFINITIONS.

    In this Act:
            (1) Covered parent.--The term ``covered parent'' means an
        alien who is a parent of a dependent child, which child is
        physically present in the United States.
            (2) Dependent child.--The term ``dependent child'' means an
        individual who--
                    (A) has not attained the age of 18; or
                    (B) is incapable of self-support because of
                physical, medical, or mental disability.
            (3) Parent.--The term ``parent'' means--
                    (A) a biological or adoptive parent, or an adult
                otherwise recognized by the law of a foreign country as
                a parent, whose parental rights have not been
                relinquished or terminated under State law or the law
                of a foreign country;
                    (B) a legal guardian of a child under State law or
                the law of a foreign country; or
                    (C) a kin caregiver.
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