No Kids as Bait Act

What it does

• •Prohibits the Department of Homeland Security from taking a child into custody for the purpose of apprehending a parent, step-parent, legal guardian, adult relative, or household sponsor of that child under immigration laws.
• •Requires DHS to document in writing within 72 hours the legal basis for detaining any child, including applicable notices to appear and administrative warrants, and provide this documentation to the child, parent/guardian, and attorney.
• •Prohibits DHS from compelling children to interpret or translate during immigration enforcement interviews involving parents or other individuals.
• •Prevents the Department of Health and Human Services from sharing information about sponsors or household members of unaccompanied alien children with DHS for civil immigration enforcement purposes.

Why it matters

• •The bill addresses stated concerns about using children as leverage in immigration enforcement operations by creating legal barriers to certain detention practices.
• •Requires transparency through written documentation and reporting requirements, with the DHS Inspector General mandated to submit compliance reports to Congress every 180 days.

Who is affected

• •The Department of Homeland Security and its immigration enforcement officers, as well as state and local law enforcement acting under section 287(g) agreements with DHS.
• •Children under 18 years old involved in immigration enforcement situations, and their parents, guardians, relatives, and sponsors.
• •The Department of Health and Human Services regarding restrictions on information sharing about unaccompanied alien children's sponsors.

What happens next

The bill has been referred to the House Committee on the Judiciary and the Committee on Homeland Security for consideration.