H.R. 9069

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9069 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 9069

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 HOUSE OF REPRESENTATIVES

May 29, 2026

Mr. Neguse (for himself, Ms. Pettersen, and Mr. Crow) introduced the 
following bill; which was 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.
<all>