This bill allows immigrant families crossing the border together to remain in detention together rather than being separated. It supersedes the Flores settlement agreement provisions requiring release of children after a set time. Adults with only misdemeanor entry charges must be detained with their children rather than separated.
Latest Action
Referred to the House Committee on the Judiciary.
AI Summary
Plain-English explanation of this bill
This bill allows immigrant families crossing the border together to remain in detention together rather than being separated. It supersedes the Flores settlement agreement provisions requiring release of children after a set time. Adults with only misdemeanor entry charges must be detained with their children rather than separated.
Last updated: 1/5/2026
Official Summary
Congressional Research Service summary
<p><strong>Ensuring United Families at the Border Act</strong></p><p>This bill addresses the treatment of children who are non-U.S. nationals (<em>aliens</em> under federal law), including by statutorily establishing that there is no presumption that such a child (other than an unaccompanied child) should not be detained for immigration purposes.</p><p>Specifically, the bill states that the detention of such minors shall be governed by specified sections of the Immigration and Nationality Act and not any other provision of law, judicial ruling, or settlement agreement.</p><p>(A 1997 settlement agreement, commonly known as the <em>Flores</em> agreement, imposes requirements relating to the treatment of detained alien minors, including requiring such minors to be released or placed in a nonsecure facility after a certain amount of time in detention.)</p><p>If an adult enters the United States unlawfully with their child, the Department of Homeland Security must detain the adult and child together if the only criminal charge against the adult is a misdemeanor for unlawful entry.</p><p>This bill also prohibits states from imposing licensing requirements on immigration detention facilities used to detain minors or families with minors.</p>
Requires family detention for misdemeanor border crossers
Prohibits state licensing requirements on family detention facilities
Establishes no presumption against detaining children with parents
How This Impacts Americans
Potential effects on citizens and communities
Immigrant families would be detained together rather than separated, but could face longer detention periods. This overrides court settlements that limited child detention time. Critics argue it could lead to indefinite family detention while supporters say it prevents family separation.
Policy Areas
Primary Policy Area
Immigration
Related Subjects
Border security and unlawful immigration
Child safety and welfare
Detention of persons
Family relationships
Immigrant health and welfare
Immigration status and procedures
Licensing and registrations
State and local government operations
Scope & Jurisdiction
Jurisdiction Level
federal
Congressional Session
119th Congress
Citation Reference
61, 119th Congress (2025). "Ensuring United Families at the Border Act". Source: Voter's Right Platform. https://votersright.org/bills/118-hr-61
