H.R. 7538

119 HR 7538 IH: Migrant Child Safety Act
 U.S. House of Representatives
 2026-02-12
 text/xml
 EN
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 I  119th CONGRESS  2d Session  H. R. 7538  IN THE HOUSE OF REPRESENTATIVES   February 12, 2026   Mr. Grothman  (for himself,  Mr. Gooden ,  Mrs. Miller of Illinois ,  Mrs. Luna , and  Mrs. Harshbarger ) introduced the following bill; which was referred to the  Committee on the Judiciary    A BILL
To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to establish strong requirements to ensure safe placements for unaccompanied alien children.
1.
Short title
This Act may be cited as the   Migrant Child Safety Act  .
2.
Ensuring the safety of unaccompanied alien children
(a)
In general
Section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c)(3) ) is amended by inserting at the end the following:
(D)
Information about individuals with whom children are placed
(i)
Information to be collected by the Secretary of Health and Human Services and provided to the Secretary of Homeland Security
Before placing the child with a sponsor, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security, regarding the sponsor with whom the child will be placed, all information related to the individual that the Secretary of Health and Human Services possesses, including the following information:
(I)
The name of the individual.
(II)
The maiden name of the individual, if applicable.
(III)
Any former name or alias of the individual, if applicable.
(IV)
The social security number of the individual.
(V)
The date of birth of the individual.
(VI)
The birthplace of the individual.
(VII)
The location of the individual’s residence where the child will be placed, including proof of address.
(VIII)
The results of background checks of the individual and each additional adult household member of the residence where the child will be placed.
(IX)
The immigration status of the individual.
(X)
Contact information for the individual, including a phone number.
(XI)
Whether the individual is a relative or legal guardian of the child, and if so—
(aa)
documents to prove that the individual is a relative or legal guardian of the child; or
(bb)
the results of a DNA test administered by the Secretary of Health and Human Services proving that the individual is a relative of the child.
(XII)
Any other information the Secretary of Health and Human Services determines appropriate.
(ii)
Additional pre-placement safeguards
Before placing the child with an individual, the Secretary of Health and Human Services, in coordination with the Secretary of Homeland Security, shall—
(I)
conduct at least one in-person home visit at the location where the child will reside to confirm the safety, suitability, and stability of the placement environment;
(II)
require the sponsor, if the sponsor is not a citizen of the United States, to consent to placement on an appropriate electronic monitoring system, which may include global-positioning-system monitoring, for the duration of the child’s immigration proceedings or until otherwise determined by the Secretary; and
(III)
require the individual to execute a bond, in an amount determined by the Secretary of Homeland Security, but not less than $5,000, conditioned upon ensuring the child’s appearance at all required immigration proceedings and compliance with any related reporting requirements.
(iii)
Activities of the secretary of homeland security
Upon receiving the information described in clause (i), the Secretary of Homeland Security shall, without unnecessary delay, determine the immigration status of the individual with whom a child is to be placed and notify the Secretary of Health and Human Services. If the individual is determined to be unlawfully present in the United States and not currently in removal proceedings under the immigration laws, the Secretary of Homeland Security shall consider the initiation of such proceedings consistent with applicable law and the Secretary’s enforcement discretion.
(iv)
No waiver
The Secretary of Health and Human Services may not waive the requirements under clause (i).
(v)
Reports to NCMEC
The Secretary of Health and Human Services shall report as missing to the National Center for Missing and Exploited Children the name (and any other information in the possession of the Secretary) of any unaccompanied alien child, with respect to whom, not later than 120 days after placing the child with the sponsor—
(I)
the Secretary could not contact the sponsor for the purpose of a follow-up or well-being check; or
(II)
the sponsor did not contact the Secretary for the purpose of a follow-up or well-being check.
(vi)
Information provided to State or local health or welfare agency
Not later than 30 days after placing a child in a residence, the Secretary of Health and Human Services shall provide to the appropriate State or local health or welfare agency the information provided to the Secretary of Homeland Security under clause (i) and any other information in the possession of the Secretary related to the child.
(vii)
Parental contact
To the extent practicable, the Secretary of Health and Human Services shall attempt to contact the parents of each unaccompanied alien child, using any information in the possession of the Secretary.
 .
(b)
Effective date
The amendments made by this section shall apply to any unaccompanied alien child (as such term is defined in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) )) apprehended on or after the date that is 30 days after the date of the enactment of this Act.