Children’s Safe Welcome Act of 2026

(a) In general.— All noncitizen children in immigration custody shall be treated fairly and equally and provided with inclusive, safe, and nondiscriminatory services.

(b) Freedom from discrimination.—

(1) In general.— Noncitizen children in immigration custody shall have the right to be free from discrimination and harassment on the basis of actual or perceived characteristics relating to race, ethnic group identification, ancestry, national origin, color, religion, sex (including sexual orientation, gender identity, and expression), language, mental or physical disability, or HIV status.

(2) Provision of services.— Services provided to noncitizen children under this Act shall be delivered in a manner that is sensitive to the age, culture, native language, and complex needs of each noncitizen child.

(c) Rule of construction.— Nothing in this title shall be construed to diminish any protection under any other Federal or State anti-discrimination law.

(a) In general.— During the entire period in which a noncitizen child is held in immigration custody, the child's care providers shall ensure that the child—

(1) is treated and served fairly and equally;

(2) is treated with dignity and respect;

(3) is cared for in an inclusive and respectful environment; and

(4) is not subject to discrimination or harassed based on actual or perceived characteristics.

(b) Special considerations.— During the entire period in which a noncitizen child is held in immigration custody, the child's care providers—

(1) in the case of an noncitizen indigenous child, in partnership with the noncitizen indigenous child and, to the extent practicable, the parents, extended family, and members of the cultural community of the child, shall make active efforts to maintain the child's connections to culture, tradition, and prevailing indigenous lifeways, including through culturally appropriate programs and services;

(2) shall maintain privacy and confidentiality of information relating to the child's sexual orientation and gender identity;

(3) shall use the child's correct names and pronouns corresponding to the child’s gender identity; and

(4) in the case of an LGBTQI child—

(A) shall—

(i) ensure that the child is housed according to an assessment of the child's gender identity and housing preference, health and safety needs, and State and local licensing standards;

(ii) offer an individualized assessment to determine whether additional or alternate restroom accommodations should be provided;

(iii) allow the child to dress and express themselves according to their gender identity;

(iv) allow the child to choose the gender of staff that will conduct a pat-down search if such a search is necessary; and

(v) consider the child’s gender self-identification and the effects of a housing assignment on the child’s health and safety; and

(B) shall not—

(i) label the child as a likely abuser or punish the child for the child's sexual orientation, gender identity, or gender expression; or

(ii) isolate or involuntarily segregate the noncitizen child solely because of the child's sexual orientation, gender identity, or gender expression.