Children’s Safe Welcome Act of 2026

The Director shall ensure that—

(1) all unaccompanied noncitizen children's personal information and Office of Refugee Resettlement case files and records are maintained separately and apart from such children's immigration files (commonly known as “A-Files”); and

(2) such case files and records are not accessible by the Department of Homeland Security.

An unaccompanied noncitizen child's Office of Refugee Resettlement case file or record shall not be used by the Secretary of Homeland Security or the Attorney General—

(1) to deny any application for relief; or

(2) to facilitate involuntary removal in any proceeding, including expedited removal, reinstatement of removal, and proceedings under section 362 or 365 of the Public Health Service Act (42 U.S.C. 265, 268).

(a) Informed consent required.—

(1) In general.— The personal information and Office of Refugee Resettlement case file and records of an unaccompanied noncitizen child—

(A) shall be confidential; and

(B) subject to paragraph (2), may only be disclosed if the child has—

(i) consulted with the child's legal counsel; and

(ii) provided informed consent for disclosure.

(2) Children under 12 years of age.— In the case of an unaccompanied noncitizen child under the age of 12 years, only the parent, legal guardian, or sponsor may provide consent for disclosure of the personal information or Office of Refugee Resettlement case file of the child.

(3) Subsequent disclosure prohibited.— Once disclosed, the personal information or Office of Refugee Resettlement case file of an unaccompanied noncitizen child may not be subsequently disclosed to a third party unless the child has—

(A) consulted with his or her legal counsel; and

(B) provided informed consent for disclosure.

(a) Child in custody and prospective sponsors.— The Director may not provide any information about an unaccompanied noncitizen child in the custody of the Secretary, or prospective sponsors, to the Attorney General or the Secretary of Homeland Security without consent of the unaccompanied noncitizen child concerned or the prospective sponsor, as applicable, and the legal counsel of the child or sponsor, respectively.

(b) Immigration enforcement.—

(1) In general.— The sharing of any information between the Office of Refugee Resettlement and the Department of Homeland Security for purposes of immigration enforcement is prohibited.

(2) Explanation for prospective sponsors.— The Director shall ensure that Office of Refugee Resettlement communications with sponsors and prospective sponsors, including the family reunification application packet, includes an explanation that information provided to the Office of Refugee Resettlement may only be shared with the Department of Homeland Security if the child and sponsor or prospective sponsor concerned have provided informed consent.

(c) Relief from removal.— The sharing of any information between the Office of Refugee Resettlement and the Department of Homeland Security or the Department of Justice for purposes of relief from removal is prohibited.

(d) Exceptions.—

(1) In general.— The Secretary may provide for the disclosure of information in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under section 8 of title 13, United States Code.

(2) National security purposes.— The Secretary may provide for the disclosure of information to national security officials to be used solely for a national security purpose in a manner that protects the confidentiality of such information.

(3) Law enforcement purposes.— The Secretary may provide for the disclosure of information to law enforcement officials to be used solely for a legitimate law enforcement purpose in a manner that protects the confidentiality of such information.

(4) Eligibility for benefits.— The Secretary may disclose information to Federal, State, and local public and private agencies providing benefits, to be used solely in making determinations of eligibility for benefits pursuant to section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641).

(5) Adjudication of applications for relief.— Government entities adjudicating applications for relief under the immigration laws and government personnel carrying out mandated duties under section 101(i)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(i)(1)), may, with the prior written consent of the noncitizen involved, communicate with nonprofit, nongovernmental victims’ service providers for the sole purpose of assisting victims in obtaining victim services from programs with expertise in working with immigrant victims. Agencies receiving referrals are bound by the provisions of this section. Nothing in this paragraph shall be construed as affecting the ability of an applicant to designate a safe organization through which Governmental agencies may communicate with the applicant.

(e) Rule of construction.— Subsections (a), (b), and (c) shall not be construed as preventing—

(1) disclosure of information in connection with judicial review of a determination in a manner that protects the confidentiality of such information; or

(2) the Secretary from disclosing to the chair and ranking members of the Committee on the Judiciary of the Senate or the Committee on the Judiciary of the House of Representatives, for the exercise of congressional oversight authority, information on closed cases under this section in a manner that protects the confidentiality of such information and that omits personally identifying information (including locational information about individuals).

(a) In general.— Subject to subsection (b), information shared by an unaccompanied noncitizen child in counseling sessions, and written records and notes of counseling sessions, may not be shared with the child’s case management specialist or any other employee of the Office of Refugee Resettlement, the Department of Health and Human Services, the Department of Justice, or the Department of Homeland Security.

(b) Disclosure.— The information, records, and notes described in subsection (a) may be shared—

(1) with an employee described in that subsection only if the child presents a documented imminent threat to himself or herself or to any other individual; or

(2) with the Department of Justice or the Department of Homeland Security if the child has—

(A) consulted with his or her legal counsel; and

(B) provides informed consent for the disclosure.

(c) Juvenile information.—

(1) In general.— Juvenile information, including records of children separated from family, shall remain confidential regardless of the child's immigration status.

(2) Rule of construction.— Nothing in this Act may be construed as authorizing—

(A) the disclosure of juvenile information to Federal officials absent a court order of the judge of the juvenile court on filing a petition;

(B) the dissemination of juvenile information to, or by, Federal officials absent a court order of the judge of the juvenile court on filing a petition;

(C) the attachment of juvenile information to any other document given to, or provided by, Federal officials absent prior approval of the presiding judge of the juvenile court; or

(D) any disclosure that would otherwise violate this Act.

(3) Definition of juvenile information.— In this section, the term juvenile information includes the juvenile case file and information related to a noncitizen child (including the name, date, and place of birth of the child, the child's health and education records, and the immigration status of the child) that is—

(A) obtained or created independent of, or in connection with, immigration, asylum, or juvenile court proceedings of which the child is a subject; and

(B) maintained by any Federal or State agency, including a court, probation office, child welfare agency, or law enforcement agency.

(a) In general.— With respect to any information required of sponsors or prospective sponsors or any data collected in pursuit of sponsorship, the following protections shall apply:

(1) Such information and data—

(A) may not be disclosed for any purpose or effect other than reunification of the family unit, placement of a child with a sponsor, or oversight by Congress;

(B) shall be immune from the legal process; and

(C) shall not, without the consent of the sponsor or prospective sponsor concerned, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding.

(2) The Secretary or any other officer or employee of the Department of Health and Human Services may not—

(A) use such information or data for any purpose other than for purposes of reunification under section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232);

(B) make any publication in which such information or data can be identified; or

(C) permit any individual other than the sworn officers and employees of the Department of Health and Human Services to examine such information or data.