Orlin’s Law

Protection Against Unnecessary Detention: If a covered parent is in custody, the Secretary must release them unless an immigration judge finds by clear and convincing evidence that they pose an individualized risk to safety that cannot be managed through supervised release (Section 3(b)).

Preservation of Family Communication: Detained parents are granted the right to make telephone calls without charge to arrange care for their dependent children and can make daily telephone and video calls to those children at no cost (Section s 4(a)).

Support for Family Unity and Legal Rights: The bill allows parents to participate in family court or child welfare proceedings and provides the ability to make confidential, free calls to legal counsel or child welfare agencies to ensure the best interests of the child are considered (Section 5(a)).

Assistance with Essential Documentation: Parents are given time and access to obtain necessary records such as passports, birth certificates, and medical records for their children (Section 5(a)(6)).

Legal Protections for Parental Rights: There is a presumption that parental rights remain intact when a child is separated due to a parent's detention, and this separation is not automatically considered abandonment, abuse, or neglect (Section 6).

Facilitated Reunification: For parents who were removed but were not afforded the required protections, the government must facilitate the reunification of the child with the parent in the United States at the government's expense (Section 11(a)(1)).

Community Support Options: The law establishes a community-based case management program that offers alternatives to detention, including access to social services, medical and mental health services, housing, and legal services (Section 9).

Detention Requirements for Safety Risks: An alien may still be detained if an immigration judge determines they pose an individualized risk to the safety of a person or the community that cannot be mitigated through supervised release (Section 3(b)).

Potential for Coerced Removal Requests: While the bill includes a rule that nothing should give effect to a removal request made under duress, the mechanism for requesting removal alongside a dependent child is still part of the process (Section 7(b)).