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S. 5238IntroducedSenate · nowHousePresidentLawIn committee
Sec. 414 · S. 5238

Standards for U.S. Customs and Border Protection detention of noncitizen children

Title IV — Reaffirm equal justice under law › Subtitle A — Children's Safe Welcome Act of 2026 › Part I — Procedures and temporary placements following apprehension

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(a) Initial processing of noncitizen children and families with noncitizen children (1) In general The Commissioner of U.S. Customs and Border Protection (referred to in this part as the Commissioner) may only detain a noncitizen child for the purpose of initial processing. (2) Time limitation Under no circumstance may the Commissioner detain a family with a noncitizen child for more than 72 hours. (b) Prioritization of best interests of the child and family unity In all decisions undertaken by the Commissioner with respect to the detention of a noncitizen child, the Commissioner shall prioritize— (1) the best interests of the noncitizen child; and (2) in the case of a noncitizen child apprehended with a parent, legal guardian, or nonparent family member, family unity.

Sec. 414: Standards for U.S. Customs and Border Protection detention of noncitizen children · Public Law Tracker