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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