Bennet, Smith, Cortez Masto Introduce Legislation Protecting Children Harmed by ICE Actions Against Their Parents

May 4, 2026 | Press Releases

Denver - Colorado U.S. Senator Michael Bennet joined U.S. Senators Tina Smith (D-Minn.) and Catherine Cortez Masto (D-Nev.) to introduce the Humane Enforcement and Legal Protections (HELP) for Separated Children Act. The legislation would protect children affected by immigration enforcement actions or proceedings against their parents. According to a 2019 analysis, there are 7.2 million children of noncitizen parents in the United States.

"Coloradans must be assured that ICE is subject to the same common-sense practices we expect from well-functioning local law enforcement, especially when it comes to the best interests of children," said Bennet. "The HELP for Separated Children Act will bring dignity back to families and help ensure proper safeguards are in place to hold ICE accountable. We cannot allow the Trump Administration to tear families apart."

"The images of 5-year-old Liam Conejo Ramos in his bunny hat after preschool are seared into the minds of Minnesotans. Using children as pawns to detain their parents is morally repugnant," said Smith. "This bill would put common-sense moral safeguards in place to protect children from ICE agents' brutal tactics. Children are our most precious gift and needlessly traumatizing them in service of this Administration's mass deportation campaign is beneath this nation's morals."

"President Trump promised to go after the worst of the worst, but his immigration agenda is targeting hardworking immigrants instead," said Cortez Masto. "Innocent kids across the United States have been caught in the crossfire as their parents become targets of his Administration's cruel immigration enforcement efforts. We must pass the HELP for Separated Children Act to require immigrant families be treated with dignity and to protect the rights of the most vulnerable among us."

Since the Trump Administration began its mass-deportation operations, families and children have been deeply affected by ICE's aggressive immigration enforcement tactics. Families with young children have been violently targeted by ICE officers, children have been unjustly detained alongside their parents, and ICE agents have used kids to bait parents into cooperating with immigration enforcement. These actions by the Trump Administration have violated ICE's own Detained Parents Directive.

The HELP for Separated Children Act would protect children caught up in immigration enforcement actions or proceedings against their parents. Specifically, the bill:

1. Allows parents to make calls and arrange for the care of their children and ensures that children can regularly call and visit their parents while they are detained;
2. Prohibits Federal personnel from using excessive force in the arrest or apprehension of individuals while children are present, including but not limited to drawing weapons or throwing individuals to the ground, and from deceiving a child for the purposes of immigration enforcement of their parents or family members;
3. Allows parents to participate in family court proceedings affecting their children;
4. Protects children from being compelled to serve as translators for their parents in immigration enforcement actions;
5. Ensures that parents can coordinate their departures with their children;
6. Requires ICE to consider the best interests of children in detention, release, and transfer decisions affecting their parents; and
7. Establishes a National Coordinator who serves as the primary point-of-contact and subject-matter expert for ICE personnel regarding child welfare and guardianship.

"All children and families deserve safety and stability in their communities," said Shaina Simenas, Co-Director, Technical Assistance Program at the Young Center for Immigrant Children's Rights. "Yet too often, relentless and aggressive immigration enforcement actions are fueling fear and family separation in places where children should feel most secure - at home, at school, and with their caregivers. The HELP Separated Children Act would help to advance protections for children and enhance parents' ability to make care arrangements; Congress must pass it without delay."

"Family unity has been the bedrock of our immigration system for decades," said Zain Lakhani, Director of Migrant Rights and Justice at the Women's Refugee Commission. "But that principle is consistently violated, leaving parents and children in limbo without vital protections. WRC has documented systemic violations of ICE policies to prevent family separation, leaving parents and children traumatized and with few options for relief. The HELP Separated Children Act is essential legislation that would codify these protections and help give parents a path towards reunification."

"A parent's right to make decisions about the care of their child is sacred. Right now, immigrant parents who are detained are being cut off from the courts, agencies, and information they need to determine future care for their children," said Keeli Sorensen, Director of Policy and Government Affairs at Justice in Motion. "The HELP Separated Children Act is a critical step towards addressing these grave injustices, codifying essential rights and liberties, and minimizing trauma for parents and children."

In January 2026, Bennet announced he is developing legislation to impose new guardrails and accountability measures for the Department of Homeland Security (DHS), including Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP). Also in January 2026, Bennet condemned DHS's cruel and unconscionable policies on the Senate floor. In December 2025, Bennet joined his colleagues to introduce the Upholding Protections for Unaccompanied Children Act, legislation to reverse the provisions in Republicans' so-called "One Big Beautiful Bill" that harm children seeking safety from trafficking, abuse, and exploitation in their home countries. In March 2025, Bennet joined his colleagues to introduce the Fair Day in Court for Kids Act, legislation that provides unaccompanied children with legal representation for immigration proceedings.

The HELP for Separated Children Act is endorsed by the Center for Law and Social Policy (CLASP), Women's Refugee Commission, Young Center for Immigrant Children's Rights, Justice in Motion, Child Welfare League of America, Kids in Need of Defense (KIND), National Immigration Project, Together and Free, Center for the Study of Social Policy, MomsRising, Acacia Center for Justice, Immigrant Legal Resource Center (ILRC), First Focus Campaign for Children, National Association of Social Workers, American Academy of Pediatrics, and National Education Association and Coalition on Human Needs.

In addition to Bennet, Smith, and Cortez Masto, U.S. Senators Klobuchar (D-Minn.), Duckworth (D-Ill.), Blumenthal (D-Conn.), Baldwin (D-Wis.), Warren (D-Mass.), Welch (D-Vt.), Sanders (I-Vt.), Kaine (D-Va.), Murray (D-Wash.), Markey (D-Mass.), Van Hollen (D-Md.), Kim (D-N.J.), Gillibrand (D-N.Y.), Hirono (D-Hawaii), and Rosen (D-Nev.) cosponsored this bill.

The text of the bill is available HERE.

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