,,ii #aaith ,,congress #b;d ,session ,s4 #deij ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bj1 #bjbf,mr4 ,bennet introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to limit the ,department of ,homeland ,security from detaining children and individuals with a cognitive disability and to prohibit immigration enforcement actions at sensitive locations without a court-issued criminal warrant4 #a4 ,short titles ,this ,act may be cited as the ,keeping ,immigrants and ,destinations ,safe ,act or the ,,kids ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,child ,the term child has the meaning given such term in section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a774 7#b7 ,cognitive disability ,the term cognitive disability means a mental impairment that substantially limits one or more major life activities of an individual involving learning1 reading1 concentrating1 thinking1 or communicating1 or the operation of a neurological or brain function1 consistent with the meaning of disability under section #c7a7 of the ,americans with ,disabilities ,act 7#db ,u4,s4,c4 #abajb7a774 7#c7 ,department ,the term ,department means the ,department of ,homeland ,security4 7#d7 ,primary caregiver ,the term primary caregiver means a noncitizen parent or legal guardian who is the primary caretaker of #a or more minor children in the ,united ,states1 including a noncitizen parent or legal guardian with a direct interest in family court1 probate court1 guardianship1 or child welfare proceedings involving a minor child4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#f7 ,sensitive location ,the term sensitive location includes any physical space located within #a1jjj feet of-- 7,a7 any medical or mental health care facility1 including any hospital1 health care practitioner's office1 accredited health clinic1 vaccination or testing site1 emergent or urgent care facility1 or community health center2 7,b7 any public or private school 7including preschools1 primary schools1 secondary schools1 and postsecondary schools 7including colleges and universities771 any site of an early childhood education program1 any other institution of learning1 such as vocational or trade schools1 and any other site where individuals who are unemployed or underemployed may apply for or receive workforce training2 7,c7 any scholastic or education-related activity or event1 including field trips and interscholastic events2 7,d7 any school bus or school bus stop during periods when school children are present on the bus or at the stop2 7,e7 any recreational facility for children1 such as playgrounds and formal recreational facilities2 7,f7 any child care focused facility1 including child care centers1 before or after school care centers1 foster care facilities1 and group homes for children2 7,g7 any location where disaster or emergency response and relief is being provided by ,federal1 ,state1 or local entities1 such as-- 7i7 the distribution of emergency supplies1 food1 and water2 7ii7 any place of temporary shelter2 7iii7 any place along an evacuation route2 and 7iv7 any site where registration for disaster-related assistance or family reunification is taking place2 7,h7 any location of any organization that-- 7i7 assists children1 pregnant women1 victims of crime or abuse1 or individuals with significant mental or physical disabilities1 including domestic violence shelters1 child advocacy centers1 facilities that serve disabled persons1 drug or alcohol counseling and treatment facilities1 rape crisis centers1 supervised visitation centers1 family justice centers1 victims' services providers1 and community-based organizations providing social services2 or 7ii7 provides disaster or emergency social services and assistance1 or services for individuals experiencing homelessness1 including food banks1 pantries1 or other establishments distributing food1 and shelters2 7,i7 any church1 synagogue1 mosque1 or other place of worship or religious study1 such as buildings rented for the purpose of religious services or a temporary facility or location where such activities are taking place2 7,j7 any site of a funeral1 graveside ceremony1 wedding1 or any site where other religious or civil ceremonies or observances are occurring2 7,k7 any site during a public demonstration1 such as a march1 rally1 or parade2 7,l7 any ,federal1 ,state1 or local courthouse1 including immigration courts operated by the ,executive ,office for ,immigration ,review1 the office of an individual's legal counsel or representative1 probation offices1 and any facility where programs or services are provided in relation to a court proceeding2 7,m7 any congressional district office2 7,n7 any office of the ,social ,security ,administration2 7,o7 any public assistance office1 including locations at which individuals may apply for or receive unemployment compensation or report violations of labor and employment laws2 7,p7 the indoor or outdoor premises of a department of motor vehicles2 7,q7 a polling place1 including any building or infrastructure at which voting takes place during an election2 7,r7 a labor union hall or any other union-operated building or office at which registered applicants are referred in rotation to jobs2 7,s7 any public library2 or 7,t7 any other location specified by the ,secretary4 #c4 ,detention of children 7a7 ,limitation ,except as provided in section #e1 the ,department may not detain a child1 an individual with a cognitive disability1 or a primary caregiver of a child or individual with a cognitive disability4 7b7 ,parental notice and reporting ,if a detention is permitted under section #e1 the ,department may not detain any child or individual with a cognitive disability without the confirmed notification of a parent or legal guardian of such child or individual4 ,all such detentions shall be reported to ,congress not later than #bd hours after the ,department takes such a child or individual into custody4 7c7 ,limitation on detention of primary caregivers ,there shall be a presumption that a primary caregiver of a child or an individual with a cognitive disability may not be detained unless the ,department ,secretary documents1 based on clear and convincing evidence that has been provided to the primary caregiver of such child or individual1 that release of the primary caregiver is unreasonable or impracticable4 7d7 ,release to designated caregiver or child welfare authority 7#a7 ,in general ,if a child or an individual with a cognitive disability is detained by the ,department in violation of subsection 7a71 the ,department shall prioritize the prompt release of such child or individual to-- 7,a7 a parent or legal guardian2 7,b7 a designated caregiver identified by a parent or legal guardian of such child or individual2 7,c7 the appropriate ,state or local child or adult protective services agency2 or 7,d7 appropriate officials of the ,department of ,health and ,human ,services ,office of ,refugee ,resettlement1 if appropriate and practicable4 7#b7 ,recognition of delegated parental authority ,for purposes of paragraph 7#a77;,b71 the ,department shall recognize and give effect to any written instrument executed by a parent or legal guardian that delegates temporary caregiving authority or parental authority to another individual1 including a power of attorney or other document authorized under applicable ,state law4 7#c7 ,verification ,the ,department may take reasonable steps to verify the identity of the designated caregiver or the authenticity of the written instrument described in paragraph 7#b71 but such verification shall not unreasonably delay the release of the child or individual with a cognitive disability4 7#d7 ,best interests of the child ,all determinations made under this subsection shall be guided by the best interests of the child or individual with a cognitive disability4 #d4 ,limitation on enforcement actions at sensitive locations 7a7 ,in general ,except as provided in section #e1 the ,department may not conduct1 engage in1 or execute any immigration enforcement action that takes place at1 is focused on1 or occurs within #a1jjj feet of1 a sensitive location4 7b7 ,travel to and from sensitive locations ,for purposes of this section1 an immigration enforcement action shall be considered to occur at a sensitive location if such action is taken while an individual is traveling to1 attending1 or returning from a sensitive location4 #e4 ,exception for criminal warrants ,the restrictions under sections #c and #d may not be construed to prohibit or restrict enforcement actions conducted pursuant to a criminal arrest warrant or a criminal search warrant issued by a court of competent jurisdiction4 #f4 ,remedies for violations ,in the event of a violation of section #d-- 7#a7 any information obtained as a result of such enforcement action for purposes of establishing alienage or chargeability may not be-- 7,a7 entered into the record or received into evidence in a removal proceeding2 or 7,b7 used by the ,department to effectuate any type of removal2 7#b7 the noncitizen who was the subject of such removal proceedings may file a motion to enforce the prohibition under section #d1 including through a motion to terminate such proceedings2 7#c7 any individual who was detained in violation of such section shall be released from detention2 and 7#d7 any person wrongfully detained shall be placed in section #bdj proceedings1 which require the ,department to rebut the presumption of the individual's eligibility for release by clear and convincing evidence4