Dignity and Due Process for Children Act of 2026

This Act may be cited as the Dignity and Due Process for Children Act of 2026.

(a) In general. Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) is amended by adding at the end the following:

(i) An alien under 18 years of age, encountered by an immigration officer encountered in the United States beyond a border or port of entry without a parent or legal guardian at the time of such encounter, may not be arrested or detained pending a decision on whether such alien is to be removed from the United States unless a warrant is issued for such arrest by an immigration judge.

(b) Prohibition on military transport

(1) Prohibition. Except as provided in paragraph (2)—

(A) no member of the Armed Forces, or contractor of the Department of Defense, may be deployed or otherwise used to transport an unaccompanied alien child for the purpose of enforcing the immigration laws, including any deportation, expulsion, or removal; and

(B) no vessel, aircraft, or vehicle owned or operated by the Department of Defense may be used for such transport.

(2) Exception. Paragraph (1) shall not apply with respect to the use or deployment of a member of the Armed Forces, or the use of a vessel, aircraft, or vehicle specified in such paragraph, in a location in the United States under a presidential declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in response to a natural disaster or other weather-related event.

(c) Representation requirement. The Attorney General, the Secretary of Homeland Security, the Secretary of Health and Human Services, or the head of any other agency, as applicable, shall not require or in any way induce or coerce an unaccompanied alien child to sign any legal document impacting their custody, placement, or immigration status to waive their right to a hearing or the opportunity to file applications for immigration relief, accept removal or voluntary return, accept criminal liability, or concede to removability without a meaningful opportunity to consult confidentially with a lawyer. If the child does not have a lawyer, the government shall immediately provide the child a referral to and ensure the child is provided an opportunity to consult confidentially with a legal services provider at the earliest point practicable and not more than 5 business days after the date on which the agency presents the unaccompanied alien child with the legal document.

(d) Rule of construction. Nothing in this Act may be construed to supersede the Trafficking Victims Protection Reauthorization Act (22 U.S.C. 7101 note).

(e) Definitions. In this section:

(1) Immigration laws. The term immigration laws shall have the definition given such term in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

(2) Unaccompanied alien child. The term unaccompanied alien child shall have the meaning given such term in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).