Requires federal detention of certain migrant parents with their minor children and removes presumption against detaining accompanied minors, increasing family detention at the border.
The Secretary of Homeland Security shall-- (A) maintain the care and custody of an alien, during the period during which the charges described in clause (i) are pending, who-- (i) is charged only with a misdemeanor offense under section 275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)); and (ii) entered the United States with the alien's child who has not attained 18 years of age; and (B) detain the alien with the alien's child.
✓ Quote verified word for word in the bill text
Introduced (completed)
Committee
Passed one chamber
Passed both
President
Law
Stage: Committee · step 2 of 6
Last action
2025-01-03: Referred to the House Committee on the Judiciary.
Why the model tagged it this way: The bill amends federal law to mandate detention of accompanied minors with parents charged with illegal entry, eliminates any presumption against such detention, overrides prior judicial interpretations limiting family detention, and preempts state licensing of detention facilities, all of which expand immigration enforcement via increased detention and transport of migrant families.