H.R. 2580 – Ensuring United Families at the Border Act

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Updated January 20, 2026 at 6:11 AM UTC

The Ensuring United Families at the Border Act amends the 2008 William Wilberforce Trafficking Victims Protection Reauthorization Act to clarify how families can be detained at the border. It sets rules that allow the detention of a child who is traveling with a parent and requires the Department of Homeland Security to keep the parent and child together when the parent is only charged with a misdemeanor. The bill also stops states from imposing licensing requirements on immigration detention facilities that hold children or families.

Key Provisions

Adds a new subsection that says detention of a child who is not unaccompanied must follow specific immigration statutes and removes any presumption against detaining such children.
Requires the Secretary of Homeland Security to maintain care of an alien charged only with a misdemeanor who entered the U.S. with a child under 18, and to detain the alien together with the child.
States that the amendment is meant to meet the Flores settlement requirements for accompanied minors.
Makes the amendment effective immediately upon enactment.
Preempts any state law that would require licensing of immigration detention facilities holding children or families.

Legislative Activity

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1 earlier action

HouseIntro Referral Latest Action

Referred to the House Committee on the Judiciary.

Judiciary Committee

April 13, 2023

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HouseIntro Referral

Introduced in House

April 13, 2023

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

April 13, 2023

Bill Text

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Introduced in HouseIssued April 13, 2023

I

118th CONGRESS

1st Session

H. R. 2580

IN THE HOUSE OF REPRESENTATIVES

April 13, 2023

Mr. Biggs (for himself, Mr. Gaetz, Mr. Gosar, Mr. Fry, Mr. Good of Virginia, Mr. Roy, Mr. Crane, Mr. Nehls, and Mrs. Boebert) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to clarify the standards for family detention, and for other purposes.

1.

Short title

This Act may be cited as the Ensuring United Families at the Border Act.

2.

Clarification of standards for family detention

(a)

In general

Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended by adding at the end the following:

(j)

Construction

(1)

In general

Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, the detention of any alien child who is not an unaccompanied alien child shall be governed by sections 217, 235, 236, and 241 of the Immigration and Nationality Act (8 U.S.C. 1187, 1225, 1226, and 1231). There is no presumption that an alien child who is not an unaccompanied alien child should not be detained.

(2)

Family detention

The Secretary of Homeland Security shall—

(A)

maintain the care and custody of an alien, during the period during which the charges described in clause (i) are pending, who—

(i)

is charged only with a misdemeanor offense under section 275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)); and

(ii)

entered the United States with the alien’s child who has not attained 18 years of age; and

(B)

detain the alien with the alien’s child.

.

(b)

Sense of Congress

It is the sense of Congress that the amendments in this section to section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) are intended to satisfy the requirements of the Settlement Agreement in Flores v. Meese, No. 85–4544 (C.D. Cal) as approved by the court on January 28, 1997, with respect to its interpretation in Flores v. Johnson, 212 F. Supp. 3d 864 (C.D. Cal. 2015), that the agreement applies to accompanied minors.

(c)

Effective date

The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to all actions that occur before, on, or after the date of the enactment of this Act.

(d)

Preemption of State licensing requirements

Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, no State may require that an immigration detention facility used to detain children who have not attained 18 years of age, or families consisting of one or more of such children and the parents or legal guardians of such children, that is located in that State, be licensed by the State or any political subdivision thereof.