Summary#
Orlin's Law would add rules to protect children when their parent is detained by immigration authorities. The bill requires Homeland Security to ask arrested noncitizens about parenthood, try to release parents who care for children unless they are shown to be dangerous, and limit transfers that would separate parents from their children's area. It would give detained parents free phone and video calls, chances to visit and take part in family court or child welfare proceedings, and time to get travel papers or records for their children. The bill creates an Office of Detained Parent Coordination inside ICE, requires training for staff, sets up a community-based case management program as an alternative to detention, and requires regular public reports to Congress and on the Department website. It also says there is a presumption that parental rights remain unless a state court ends them and requires the government to help reunify removed parents with children or to help make care arrangements if the parent is removed.
What it means for you#
- If you are a noncitizen parent detained by immigration authorities, officers must ask about your parental status quickly and record the answer.
- Covered parents may be released from custody unless an immigration judge finds by clear and convincing evidence they pose an unmitigable danger.
- Detained parents would get free calls to arrange care, daily phone or video calls with their children, and the ability to arrange visits and participate in family court and child welfare processes.
- Parents would have time and access to records and travel documents for their children and may request removal from the U.S. with their dependent child.
- The law would create a national coordinator and an office to help detained parents, plus a community-based program offering services such as case management, housing help, and legal services.
Expenses#
- The bill requires the Government to pay for appointed counsel for covered parents in certain immigration family integrity custody review proceedings.
- The Government must facilitate and pay for reunification in the United States for eligible removed parents within specified timeframes and assist with arrangements for children to remain in the U.S.
- The bill mandates training for Department staff and at least 8 full-time employees in the new Office of Detained Parent Coordination, and it requires a community-based case management program outside ICE.
- The bill requires regular reporting and updates to the detainee locator system.
- No publicly available information on the total or estimated cost of implementing these provisions is included in the bill text.
Proponents' View#
- The bill's "Sense of Congress" says family unity should be treated as a humanitarian or significant public benefit for parole decisions and that being an alien parent should not be a negative factor in child custody determinations. Sponsors and supporters frame the bill as ensuring detained parents can protect their children's safety and participate in custody processes.
Opponents' View#
No publicly available information.