Upholding Protections for Unaccompanied Children Act of 2025

Bill Number

S. 3322

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2026-01-07: Star Print ordered on the bill.

Last Updated

2026-02-26T14:56:52Z

AI-Generated Summary

Purpose

This legislation, titled the Upholding Protections for Unaccompanied Children Act of 2025, aims to restore and strengthen safeguards for unaccompanied alien children (UACs)—defined as individuals under 18 who enter the U.S. without lawful immigration status and lack a parent or legal guardian available to provide care and custody—by amending or repealing parts of Public Law 119-21 that imposed fees, reduced legal protections, and increased risks for these children.

Key Provisions

• Fee Exemptions and Repeals (Section 2): Exempts current and former UACs from multiple immigration-related fees, including those for asylum applications, employment authorization documents (EADs), annual asylum renewals, EAD renewals for parolees, asylum applicants, and temporary protected status holders, immigration court proceedings, in absentia removal orders (removal when someone misses a hearing), and border apprehensions. Fully repeals the fee for special immigrant juvenile (SIJ) status—a pathway for abused, abandoned, or neglected children to gain lawful permanent residency—and prohibits any related fees for applicants, their parents, or guardians.
• Restoration of Protection Screenings (Section 3): Removes a specific provision in Public Law 119-21 that limited screenings for protections and fair legal processes for UACs.
• Limits on Body Examinations (Section 4): Eliminates requirements or authorizations for invasive body examinations (e.g., searches beyond basic pat-downs) of UACs by the Office of Refugee Resettlement (ORR, part of Health and Human Services) and the Department of Homeland Security (DHS).
• Restrictions on Information Sharing (Section 5): Prohibits ORR from sharing sponsor information (details about potential caregivers for UACs) with DHS or other federal agencies if the intent is to enforce immigration laws, such as deportation.
• Fee Refunds (Section 6): Mandates refunds, within 180 days of enactment, for any fees paid under the now-exempted or repealed provisions, to the payer (individual or entity).

Significant Changes to Existing Law

• Reverses fee requirements in Public Law 119-21 that applied to UACs, making immigration processes free for them in specified areas and eliminating the SIJ fee entirely.
• Strikes out rules that curtailed protection screenings, allowed broader body examinations, and permitted sponsor data sharing for enforcement, thereby reinstating prior protections and adding new limits on invasive practices and data use.
• Introduces refund mechanisms not present in the original law, ensuring retroactive relief for affected individuals.

Potential Impacts

• On Government Agencies: Reduces revenue from fees for DHS and immigration courts but eases administrative burdens by simplifying processes for UACs. ORR gains clearer boundaries on data sharing, potentially improving child welfare focus without immigration enforcement overlap.
• On Citizens and UACs: Lowers financial barriers for UACs seeking asylum, work authorization, or SIJ status, making legal pathways more accessible and reducing risks of exploitation or unsafe conditions due to unaffordable processes. Sponsors (often U.S. citizens or residents) benefit from protected privacy, encouraging more placements.
• On International Relations: May enhance the U.S. image as a protector of vulnerable migrant children, potentially influencing migration patterns from countries with high UAC flows (e.g., Central America), though it could strain border resources without fee offsets.

Main Stakeholders Affected

• Unaccompanied Alien Children: Primary beneficiaries, gaining fee waivers, enhanced screenings, privacy protections, and limits on invasive searches to reduce trauma and barriers to safety.
• Sponsors and Families: U.S.-based relatives or guardians who provide care, protected from information sharing that could lead to immigration actions against them.
• Government Agencies: DHS (handles borders and asylum), ORR (manages UAC care), and immigration courts (Executive Office for Immigration Review under the Department of Justice), facing procedural changes and refund obligations.
• Advocacy Groups and Legal Aid Providers: Nonprofits and attorneys supporting migrant children, who may see increased caseloads but easier navigation of fee-free systems.
• Broader Immigrant Community: Indirectly benefits parents or guardians applying for SIJ-related relief.

Notable Legal, Constitutional, or Political Implications

• Legal: Aligns with existing UACs protections under the Homeland Security Act and Trafficking Victims Protection Reauthorization Act by prioritizing child welfare over enforcement, potentially reducing challenges under due process or child rights laws. The refund provision could invite administrative claims if not implemented promptly.
• Constitutional: Supports Fifth and Fourteenth Amendment due process by ensuring fair hearings and non-invasive treatment, avoiding potential Eighth Amendment concerns over "cruel and unusual" body examinations for minors.
• Political: Introduced by a bipartisan group of senators, it counters perceived harsh elements in Public Law 119-21, signaling a push for humane immigration policies amid debates on border security. Could face opposition from enforcement-focused lawmakers over lost fees and enforcement limits, but bolsters commitments under international child rights conventions like the UN Convention on the Rights of the Child (though not ratified by the U.S.).

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Cortez Masto, Catherine [D-NV]

Cosponsors (21)

Sen. Blumenthal, Richard [D-CT], Sen. Wyden, Ron [D-OR], Sen. Rosen, Jacky [D-NV], Sen. Merkley, Jeff [D-OR], Sen. Luján, Ben Ray [D-NM], Sen. King, Angus S., Jr. [I-ME], Sen. Hickenlooper, John W. [D-CO], Sen. Kim, Andy [D-NJ], Sen. Welch, Peter [D-VT], Sen. Hirono, Mazie K. [D-HI], Sen. Schiff, Adam B. [D-CA], Sen. Duckworth, Tammy [D-IL], Sen. Kelly, Mark [D-AZ], Sen. Smith, Tina [D-MN], Sen. Bennet, Michael F. [D-CO], Sen. Murray, Patty [D-WA], Sen. Heinrich, Martin [D-NM], Sen. Markey, Edward J. [D-MA], Sen. Sanders, Bernard [I-VT], Sen. Durbin, Richard J. [D-IL], Sen. Gallego, Ruben [D-AZ]

Recent Actions

• 2026-01-07: Star Print ordered on the bill.
• 2025-12-03: Read twice and referred to the Committee on the Judiciary.
• 2025-12-03: Introduced in Senate

Bill Versions

• Upholding Protections for Unaccompanied Children Act of 2025 — issued 2025-12-03 — PDF (6 pages)