Children's Safe Welcome Act of 2026

(a) In general.— Not later than 10 days after transfer to the custody of the Secretary, an unaccompanied noncitizen child shall receive a free legal orientation presentation and legal screening conducted by a legal services provider, which shall include information relating to—

(1) the right to apply for relief from removal;

(2) the right to request voluntary departure in lieu of removal; and

(3) the right to a hearing before an immigration judge.

(b) Prioritization before release.—

(1) In general.— The Director shall make affirmative, thorough, and timely efforts to ensure that each unaccompanied noncitizen child receives a presentation and screening described in subsection (a) before release, and in the case of any unaccompanied noncitizen child who does not receive such presentation and screening before release, the Director shall ensure that the child receives the presentation and screening on release.

(2) Rule of construction.— Nothing in this section may be construed to prohibit the release of an unaccompanied noncitizen child to a sponsor based solely on not having received such a presentation and screening.

(a) In general.— Each unaccompanied noncitizen child in the custody of the Secretary of Health and Human Services shall be represented by counsel appointed or provided by the Secretary, at Government expense, unless the child has obtained, at his or her own expense, counsel authorized to practice in immigration proceedings.

(b) Procedure.— Representation under subsection (a) shall—

(1) be appointed or provided by the Secretary as expeditiously as possible;

(2) extend through every stage of removal proceedings, from the child’s initial appearance through the termination of immigration proceedings; and

(3) include any ancillary matter appropriate to such proceedings (including, to the extent practicable and as appropriate, an application for employment authorization), even if the child attains 18 years of age or is reunified with a parent or legal guardian while the proceedings are pending.

(c) Private, confidential meeting space.— The Director shall ensure that unaccompanied noncitizen children are provided access to a private, confidential space to meet with legal services providers and a private, confidential telephone line to contact their legal counsel or legal services providers at the expense of the government.

(d) Contact with legal counsel.— An unaccompanied noncitizen child shall be permitted to call or meet with his or her legal counsel or legal services provider at any time.

(e) Authorization of appropriations.—

(1) In general.— There are authorized to be appropriated such sums as may be necessary to carry out this section.

(2) Funding.— Amounts made available under this section shall be maintained separately from amounts designated for childcare facilities.

(f) Scope of representation.— Government-appointed counsel appointed or provided by the Secretary under this section may provide to an unaccompanied noncitizen child the full scope of representation, including representation in—

(1) any matter relevant to the child’s well-being, including conditions of detention and matters relating to medical and mental health services and medication;

(2) placement review hearings;

(3) sponsorship hearings; and

(4) any other matter relating to immigration.

(g) Cooperation of Office of Refugee Resettlement required.—

(1) In general.— The Director shall ensure that the legal counsel of an unaccompanied noncitizen child has access to prompt, reasonable, and regular direct communication with case managers, case coordinators, and Federal field specialists overseeing the child's placement, release, family reunification, transfer, and medical and mental health services.

(2) Requests by counsel for information.— On request by the legal counsel or the independent legal services provider of an unaccompanied noncitizen child, the Director shall provide, not later than 7 days after the date on which the request is made, the following:

(A) The names and telephone numbers of all prospective sponsors of the unaccompanied noncitizen child concerned.

(B) A copy of the complete Office of Refugee Resettlement case file and records of the unaccompanied noncitizen child concerned.