Children's Safe Welcome Act of 2026

(a) In general.— The Secretary shall appoint independent child advocates to unaccompanied noncitizen children, including—

(1) each vulnerable unaccompanied noncitizen child in the custody of the Secretary; and

(2) each vulnerable unaccompanied noncitizen child who has been released from such custody.

(b) Expansion of child advocate services.—

(1) In general.— The Secretary shall increase funding for child advocate services to facilitate the expansion, by not later than the date that is 180 days after the date of the enactment of this Act, of the provision of such services to all locations at which—

(A) unaccompanied noncitizen children in the custody of the Secretary are housed; or

(B) unaccompanied noncitizen children appear before immigration courts for removal proceedings.

(2) Prioritization.— In expanding services under this subsection, the Secretary shall prioritize locations that have the highest numbers of unaccompanied noncitizen children in the custody of the Secretary and unaccompanied noncitizen children appearing before immigration courts.

(3) Access to records.—

(A) In general.— A child advocate appointed under this section shall have timely access to all materials necessary to effectively advocate for the best interests of the unaccompanied noncitizen child concerned, including the child's complete Office of Refugee Resettlement case file and records.

(B) Request.— On request by such a child advocate, the Director shall provide a complete copy of an unaccompanied noncitizen child's Office of Refugee Resettlement case file and records not later than 72 hours after the request is made.

(4) Best interest recommendations.— A child advocate appointed under this section shall submit a best interest recommendation based on law, policy, medical or behavioral health, and relevant social science research to any Federal or State agency making a decision with respect to the best interests of an unaccompanied noncitizen child, including—

(A) the Department of Health and Human Services;

(B) the Department of Justice;

(C) the Department of Homeland Security; and

(D) a Federal, State, or Tribal court.

(5) Confidentiality.— All communications between child advocates appointed under this section and unaccompanied noncitizen children shall be confidential, and such a child advocate may not be compelled to testify or provide evidence, in any proceeding, with respect to any information or opinion conveyed to the child advocate by an unaccompanied noncitizen child in the course of serving as child advocate.

(6) Legal support.— The Secretary shall ensure that each location at which child advocate services are provided under this section is staffed with 1 or more attorneys who have expertise in immigration law and child welfare law.

(7) Authorization of appropriations.— There are authorized to be appropriated such sums as may be necessary to carry out this subsection.

(a) Hiring of immigration judges.—

(1) In general.— To adjudicate pending cases and efficiently process future cases, the Attorney General shall increase the total number of immigration judges by not fewer than 75 judges during fiscal year 2026.

(2) Qualifications.— The Attorney General shall ensure that each immigration judge hired under this subsection—

(A) is highly qualified;

(B) has substantial experience in the field of immigration law; and

(C) is trained to conduct fair and impartial hearings in accordance with applicable due process requirements.

(3) No preference for candidates with prior service in the Federal Government.— In selecting immigration judges under this subsection, the Attorney General may not assign any preference to a candidate who has prior service in the Federal Government over a candidate who has equivalent subject matter expertise based on experience in a nonprofit organization, private practice, or academia, but does not have previous Federal service.

(b) Immigration court staff.— During fiscal year 2026, the Attorney General shall—

(1) increase the total number of judicial law clerks at the Executive Office for Immigration Review by 75; and

(2) increase the total number of support staff for immigration judges, including legal assistants and interpreters, by 300.

(c) Support staff; other resources.— The Attorney General shall ensure that the Executive Office for Immigration Review has sufficient support staff, adequate technological and security resources, and appropriate facilities to conduct the immigration proceedings required under Federal law.

(d) Limitation.— Amounts appropriated for the Executive Office for Immigration Review or for any other division, activity, or function of the Department of Justice may not be used to implement numeric case load judicial performance standards or other standards that could negatively impact the fair administration of justice by the immigration courts.

(e) Docket management for resource conservation.— Notwithstanding any opposition from the Secretary of Homeland Security or the Attorney General, immigration judges shall administratively close or terminate cases, and the Board of Immigration Appeals shall remand cases for administrative closure, if an individual in removal proceedings—

(1) appears to be prima facie eligible for a visa or any other immigration benefit; and

(2) has a pending application for such benefit before U.S. Citizenship and Immigration Services or any other applicable Federal agency.

(f) Authorization of appropriations.— There are authorized to be appropriated such sums as may be necessary to carry out this section.