October 29, 2026
Ms. Scholten introduced the following bill; which was referred to the Committee on the Judiciary
To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to direct the Secretary of Health and Human Services to provide counsel for unaccompanied alien children in immigration proceedings, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title
This Act may be cited as the Counsel for Kids Act of 2026
.
Sec. 2. Provision of counsel for unaccompanied alien children
Section 235(c) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended by amending paragraph (5) to read as follows:
(5)
The Secretary of Health and Human Services shall—
(A)
ensure that all unaccompanied alien children who are or have been in the custody of the Secretary or the Secretary of Homeland Security, and who are not described in subsection (a)(2)(A), are provided in-person legal counsel in all immigration proceedings by an independent third party at no cost to such children; and
(B)
protect all unaccompanied alien children who are or have been in the custody of the Secretary or the Secretary of Homeland Security from mistreatment, exploitation, and trafficking.
Sec. 3. Right to counsel during immigration proceedings
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended—
(1)
in section 240(b)(4)(A), by striking , at no expense to the Government,
; and
(2)
in section 292, by striking (at no expense to the Government)
.