KIDS Act
- Bill Number
- S. 4590
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-05-20: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-06-23T16:43:39Z
AI-Generated Summary
Purpose This legislation, known as the Keeping Immigrants and Destinations Safe Act or KIDS Act, aims to restrict the Department of Homeland Security (DHS) from detaining children and individuals with cognitive disabilities. It also prohibits immigration enforcement actions at designated sensitive locations unless supported by a court-issued criminal warrant.
Key Provisions
- Definitions: The bill defines key terms, including "child" (per the Immigration and Nationality Act), "cognitive disability" (a mental impairment substantially limiting major life activities like learning or thinking), "primary caregiver" (a noncitizen parent or guardian primarily responsible for a minor child), and "sensitive location" (any site within 1,000 feet of medical facilities, schools, child care centers, places of worship, courthouses, polling places, and similar areas, plus other locations designated by the Secretary).
- Detention limits (Section 3): DHS may not detain children, individuals with cognitive disabilities, or their primary caregivers, except under specific exceptions. If detention occurs, it requires confirmed parental notification and reporting to Congress within 24 hours. A presumption exists against detaining primary caregivers unless clear and convincing evidence shows release is unreasonable. Prompt release to a parent, designated caregiver, or child welfare agency is required, guided by the best interests of the child.
- Enforcement limits (Section 4): Immigration enforcement actions are prohibited at or within 1,000 feet of sensitive locations, including actions during travel to or from such sites.
- Exception (Section 5): These restrictions do not apply to actions based on a criminal arrest or search warrant issued by a court.
- Remedies (Section 6): Violations of the sensitive locations rule lead to suppression of evidence in removal proceedings, options for motions to terminate proceedings, release from detention, and placement in standard removal processes where DHS must prove ineligibility for release.
Significant Changes to Existing Law The bill introduces new statutory limits on DHS detention authority for vulnerable groups and enforcement at protected sites, which are not present in current immigration statutes. It adds presumptions favoring release, mandatory reporting requirements, and specific remedies like evidence suppression that alter standard removal procedures.
Potential Impacts
- On government agencies: DHS operations would face new procedural hurdles, requiring coordination with courts for warrants and alternative release mechanisms, potentially increasing administrative burdens on agencies like HHS Office of Refugee Resettlement and state child welfare services.
- On citizens and residents: Noncitizen families and individuals with disabilities could access schools, medical care, and community services with reduced risk of enforcement encounters, while U.S. citizen children in mixed-status families may benefit from family unity protections.
- On international relations: The changes could affect how immigration enforcement interacts with asylum claims or cross-border family cases, though no direct foreign policy provisions are included.
Main Stakeholders Affected
- DHS and its enforcement personnel.
- Noncitizen children, individuals with cognitive disabilities, and their primary caregivers.
- Sensitive locations such as schools, hospitals, places of worship, courthouses, and community organizations.
- Child welfare agencies, state protective services, and the Department of Health and Human Services.
- Immigration courts and legal representatives.
Notable Legal, Constitutional, or Political Implications The bill emphasizes due process protections through release presumptions and evidence rules, potentially raising questions about balancing enforcement needs with family and disability rights under existing constitutional standards. It expands judicial oversight via criminal warrants and could influence political debates on immigration enforcement priorities without altering broader statutory frameworks.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Bennet, Michael F. [D-CO]
Recent Actions
- 2026-05-20: Read twice and referred to the Committee on the Judiciary.
- 2026-05-20: Introduced in Senate
Bill Versions
- Keeping Immigrants and Destinations Safe Act — issued 2026-05-20 — PDF (10 pages)