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GILLIBRAND, DURBIN INTRODUCE TWO BILLS TO REFORM AMERICA’S BROKEN IMMIGRATION SYSTEM

Washington, D.C. – Today, U.S. Senators Kirsten Gillibrand (D-NY) and Dick Durbin (D-IL) introduced two bills to reform America’s broken immigration system.

The Protection of Kids in Immigrant Detention (PROKID) Act would provide a new, stronger layer of oversight to protect immigrant children in government custody. The Real Courts, Rule of Law Act would decrease political influence in the immigration system by transitioning the immigration court system into an independent judiciary.

“For far too long, cruelty, politicization, and a lack of transparency have defined our immigration system. It’s time to make commonsense reforms,” said Senator Gillibrand. “The PROKID Act would establish essential accountability measures to make sure that children seeking safety are treated with the compassion they deserve. At the same time, the Real Courts, Rule of Law Act would insulate our immigration courts from political influence, restoring integrity and due process to the system. These bills are meaningful, long-term solutions to complex challenges, and I will do everything I can to get them passed.”

“All Americans should agree that immigration judges need to be neutral and fair, not subject to the whims of the Administration in power. Our Real Courts, Rule of Law Act would transition the nation’s immigration court system into an independent judiciary, restoring due process in our deeply flawed immigration court system,” said Senator Durbin. “And as the Trump Administration continues their cruel treatment of immigrants—including children—we are also introducing the PROKID Act to protect immigrant children in government custody. I encourage my colleagues on both sides of the aisle to support these two common sense bills.”

Over the past several years, hundreds of thousands of migrant children fleeing violence, oppression, or persecution have arrived in the United States without a parent or legal guardian in pursuit of a safer future. Once apprehended at the border, U.S. Customs and Border Protection (CBP) transfers these children to the Office of Refugee Resettlement (ORR) in the Department of Health and Human Services. Children are then held in ORR’s congregate care shelters while they wait for ORR to identify a family member or sponsor to care for them, which can take months. Currently, the primary form of oversight of those shelters, as well as of CBP custody, is provided by independent lawyers.

To provide stronger oversight and protect children in custody, the PROKID Act would codify an office under the Department of Health and Human Services (HHS) responsible for ensuring that immigrant children are detained in the least restrictive setting, advocating for quick and safe release, and encouraging family reunification when possible. That office would also be responsible for investigating any claims of abuse, neglect, or mistreatment of immigrant children while in either government custody or foster care.

The text of the PROKID Act can be found here, and a one-pager about the legislation can be found here.

Another persistent issue with America’s immigration system is the politicization of immigration judges. Currently, immigration judges are appointed by the U.S. attorney general and employed by the Department of Justice, meaning they are often charged with adjudicating cases in accordance with the policies and priorities of the governing administration. Since January 2025, the Trump administration has mounted an unprecedented attack on the rule of law by firing over 100 immigration judges for political reasons, severely worsening the strain on overburdened courts. By firing experienced judges, this administration has crippled court efficiency and compromised the public’s trust in judicial neutrality.

To solve these problems, the Real Courts, Rule of Law Act would establish an independent immigration court system, helping to ensure that immigration judges are free from political pressure and can deliver just decisions in accordance with the law.

The text of the Real Courts, Rule of Law Act can be found here. A one-pager about the legislation can be found here.