Upholding Protections for Unaccompanied Children Act of 2025
- Bill Number
- H.R. 6389
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2025-12-04: Referred to the Subcommittee on Transportation and Maritime Security.
- Last Updated
- 2026-06-26T08:07:01Z
AI-Generated Summary
Purpose of the Legislation
This bill, titled the "Upholding Protections for Unaccompanied Children Act of 2025," aims to amend or repeal specific provisions in Public Law 119-21 (known as the "One Big Beautiful Bill Act") that are seen as reducing safeguards for unaccompanied children—minors who enter the U.S. without parents or legal guardians. The goal is to restore protections against exploitation, trafficking, and unfair treatment, aligning with prior laws like the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA), which emphasizes child-sensitive screening, placement in safe settings, and fair legal processes.
Key Provisions
- Findings (Section 2): Outlines Congress's recognition of unaccompanied children's vulnerability to violence, abuse, and trafficking. It highlights historical bipartisan support for their protections and criticizes the One Big Beautiful Bill Act for creating barriers like fees, summary removals (quick deportations without hearings), intrusive medical exams, and sharing sponsor information for enforcement actions.
- Fee Exemptions and Repeals (Section 3):
- Adds exceptions so unaccompanied children (defined under the Homeland Security Act as minors under 18 without lawful immigration status or accompaniment by a parent/guardian) do not pay fees for asylum applications, employment authorization documents, special immigrant juvenile status (a pathway for abused, abandoned, or neglected children to gain legal status), annual asylum renewals, immigration court proceedings, in-absentia removal orders (deportations issued when someone misses a hearing), or border apprehension processing.
- Repeals the fee for special immigrant juvenile applications and clarifies that no such fees can be imposed on children, parents, or guardians.
- Restoring Screenings and Legal Processes (Section 4): Repeals a provision in the One Big Beautiful Bill Act that allowed bypassing required screenings for trafficking or protection risks and fair hearings before an immigration judge.
- Limiting Intrusive Examinations (Section 5): Repeals funding and authority for potentially invasive body exams of unaccompanied children by the Department of Homeland Security (DHS) and the Office of Refugee Resettlement (ORR, part of the Department of Health and Human Services), citing risks of harm or re-traumatization for children fleeing abuse.
- Protecting Sponsor Information (Section 6): Prohibits ORR from sharing details about potential sponsors (like family members) with DHS or other agencies for immigration enforcement, to prevent family separations and encourage safe placements.
- Fee Refunds (Section 7): Requires DHS and the Attorney General (who oversees immigration courts) to refund any fees collected under the repealed or amended provisions within 180 days of enactment.
Significant Changes to Existing Law
- Fee Structures: Introduces broad exemptions from multiple immigration-related fees in the One Big Beautiful Bill Act, which previously imposed costs that could block access to relief for low-income children. This reverses a policy seen as conflicting with TVPRA's child-focused approach.
- Screening and Due Process: Eliminates options for summary returns of children (except those from Mexico or Canada) without ORR custody, screenings, or court hearings, enforcing TVPRA requirements for non-contiguous country nationals.
- Medical and Privacy Protections: Removes authorizations for unguarded body exams and restricts information sharing, reinstating safeguards against enforcement actions targeting sponsors, which had led to longer detentions and family disruptions.
These changes prioritize humanitarian treatment over enforcement efficiencies introduced in the prior law.
Potential Impacts
- On Government Agencies: DHS and ORR will face operational shifts, including halting fee collections, ending certain exams, and limiting data sharing, potentially increasing administrative burdens but reducing litigation over child welfare. Immigration courts may see more child cases without fee barriers, affecting backlogs.
- On Citizens and Residents: U.S. citizen or legal resident sponsors (often family) gain privacy protections, encouraging more sponsorships and reducing family separations. It could deter exploitation by making legal pathways fee-free for affected children.
- On Unaccompanied Children: Removes financial and procedural hurdles, lowering risks of trafficking, prolonged detention, or unsafe returns. Medical experts cited in findings note detention's health risks, so this may shorten custody times and improve well-being.
- On International Relations: Upholds U.S. commitments to child refugee protections under international agreements like the UN Convention on the Rights of the Child (though not ratified by the U.S.), potentially improving the country's image on humanitarian issues while addressing criticisms of harsh border policies.
Main Stakeholders Affected
- Unaccompanied Children: Primary beneficiaries, gaining fee-free access to asylum, work permits, and juvenile status, plus protections from exams and rapid deportations.
- Families and Sponsors: Parents, relatives, or guardians who may sponsor children; shielded from enforcement risks, which could increase safe releases from custody.
- Government Entities: DHS (handles border apprehensions and removals), HHS/ORR (manages child care and placements), Executive Office for Immigration Review (immigration courts under the Justice Department), and fee-processing offices.
- Advocacy and Medical Groups: Organizations like the American Academy of Pediatrics benefit indirectly through reinforced health and anti-trafficking standards.
- Immigration Enforcers: ICE (Immigration and Customs Enforcement) may see reduced targets due to information limits.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Strengthens TVPRA enforcement by closing loopholes in the One Big Beautiful Bill Act, ensuring due process (a constitutional right under the Fifth Amendment for all persons in the U.S., including non-citizens). It mandates child-specific procedures, potentially reducing lawsuits over trafficking oversights or rights violations.
- Constitutional Implications: Aligns with equal protection principles by exempting vulnerable minors from fees that could deny access to courts, avoiding arguments of undue burdens on liberty interests for children in custody.
- Political Implications: Introduced by a group of Democratic representatives and referred to Judiciary and Homeland Security Committees, it reflects partisan divides on immigration—countering policies associated with the prior administration. Bipartisan historical support for child protections (noted in findings) could foster cross-aisle appeal, though fee refunds and repeals may spark debates on enforcement costs and border security.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Goldman, Daniel S. [D-NY-10]
Cosponsors (44)
Rep. Ramirez, Delia C. [D-IL-3], Rep. Jayapal, Pramila [D-WA-7], Rep. Casar, Greg [D-TX-35], Rep. Garcia, Robert [D-CA-42], Rep. Jacobs, Sara [D-CA-51], Rep. Simon, Lateefah [D-CA-12], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Davis, Danny K. [D-IL-7], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Correa, J. Luis [D-CA-46], Rep. Tlaib, Rashida [D-MI-12], Rep. Pingree, Chellie [D-ME-1], Rep. Titus, Dina [D-NV-1], Rep. Lee, Summer L. [D-PA-12], Rep. Clarke, Yvette D. [D-NY-9], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Carson, André [D-IN-7], Rep. Salinas, Andrea [D-OR-6], Rep. Tokuda, Jill N. [D-HI-2], Rep. Lofgren, Zoe [D-CA-18], Rep. Meng, Grace [D-NY-6], Rep. Chu, Judy [D-CA-28], Rep. Quigley, Mike [D-IL-5], Rep. Ansari, Yassamin [D-AZ-3], Rep. Ross, Deborah K. [D-NC-2], Rep. Lieu, Ted [D-CA-36], Rep. Morrison, Kelly [D-MN-3], Rep. DeGette, Diana [D-CO-1], Rep. McClellan, Jennifer L. [D-VA-4], Rep. Huffman, Jared [D-CA-2], Rep. Torres, Norma J. [D-CA-35], Rep. Stansbury, Melanie A. [D-NM-1], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Crockett, Jasmine [D-TX-30], Rep. McIver, LaMonica [D-NJ-10], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Dingell, Debbie [D-MI-6], Rep. McClain Delaney, April [D-MD-6], Rep. Hayes, Jahana [D-CT-5], Rep. Menendez, Robert [D-NJ-8], Rep. Dexter, Maxine [D-OR-3], Rep. Dean, Madeleine [D-PA-4], Rep. Latimer, George [D-NY-16], Rep. Walkinshaw, James R. [D-VA-11]
Recent Actions
- 2025-12-04: Referred to the Subcommittee on Transportation and Maritime Security.
- 2025-12-04: Referred to the Subcommittee on Border Security and Enforcement.
- 2025-12-03: Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, 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.
- 2025-12-03: Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, 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.
- 2025-12-03: Introduced in House
- 2025-12-03: Introduced in House
Bill Versions
- Upholding Protections for Unaccompanied Children Act of 2025 — issued 2025-12-03 — PDF (10 pages)