Orlin’s Law establishes comprehensive protections for detained immigrant parents, prioritizing family unity by mandating release procedures, access to legal and child welfare proceedings, and the creation of a dedicated office to coordinate parental rights and care.
Pramila Jayapal
Representative
WA-7
Orlin’s Law establishes critical protections for immigrant parents in U.S. custody to prevent the unnecessary separation of families. The bill mandates that detained parents be prioritized for release, provided with the means to participate in family court proceedings, and granted access to resources for their children’s care. Additionally, it creates an Office of Detained Parent Coordination to oversee these protections and requires the government to provide alternatives to detention for parents.
Orlin’s Law Mandates Release of Detained Parents and Establishes New Family Unity Protections in Immigration Custody
Orlin’s Law aims to overhaul how the Department of Homeland Security (DHS) handles parents in immigration custody by prioritizing family unity over detention. The bill requires officials to identify 'covered parents'—those with children under 18 or dependents with disabilities—within two hours of taking them into custody. Under Section 3, these parents must be released unless an immigration judge finds 'clear and convincing evidence' that they are a specific safety risk that supervised release can’t fix. Even then, the government must use the 'least restrictive placement' possible, like community-based programs, rather than traditional jail-like settings.
Keeping the Connection
For a parent working to support a family, being moved to a detention center three states away can effectively end their relationship with their child. This bill addresses that by creating a 'right to remain local'—prohibiting ICE from transferring parents away from where their children live unless there are exceptional circumstances (Section 4). It also guarantees parents the right to make free daily phone and video calls to their kids and ensures they can participate in family court or custody hearings. Think of it as a legal bridge: it prevents the 'out of sight, out of mind' trap that often leads to parents losing their parental rights simply because they were behind bars and unable to call a social worker or attend a hearing.
Logistics and Legal Support
The bill doesn't just offer rights; it sets up the infrastructure to back them up. Section 8 establishes a National Coordinator and an Office of Detained Parent Coordination with at least eight full-time staff members to manage these cases. For parents facing custody battles while in immigration proceedings, Section 5 authorizes judges to appoint government-funded lawyers to represent them. It also mandates that parents have time to get their affairs in order before any potential removal, such as applying for a child’s passport or notarizing guardianship papers, so kids aren't left in a legal limbo if a parent is deported.
Accountability and Alternatives
To move away from the standard detention model, Section 9 requires the creation of a community-based case management program. This program operates outside of ICE and provides 'wraparound' services like housing, medical care, and legal help. To keep the system honest, Section 10 requires DHS to publish quarterly data on how many parents are being held and where their kids are placed, including foster care stats. While the bill is clear on its goals, the 'Medium' vagueness in areas like 'exceptional circumstances' for transfers or what counts as an 'individualized risk' means the impact will largely depend on how strictly judges and DHS officials interpret those terms in the real world.