Orlin Law for Migrants: Which Parents and Caregivers Would Be Protected from ICE if the Bill Passes?

A proposed bill in the U.S. House of Representatives, known as the Orlin Law, seeks to significantly alter how immigration authorities handle detentions involving parents and caregivers of dependent children. The legislation aims to protect these individuals from being separated from their families during immigration proceedings.

The bill introduces the concept of a "covered parent," a definition that is intentionally broad. It includes not only biological and adoptive parents but also legal guardians and kinship caregivers who are responsible for the care of a child. A dependent child is defined as anyone under 18 or an individual unable to support themselves due to a physical, medical, or mental disability.

Central to the Orlin Law is the principle that family unity should be considered a significant humanitarian benefit when evaluating the use of temporary permits, such as "parole." The legislation mandates that within two hours of an operation and before any transfer to a detention center, the Department of Homeland Security (DHS) must ascertain if the detained individual has dependent children and record their response.

Under the proposed law, the general rule would be the release of individuals identified as covered parents. Detention would only be permissible if an immigration judge determines, with clear and convincing evidence, that the individual poses an individualized risk to the safety of others or the community, and that this risk cannot be mitigated through a supervision program. If such a risk exists, DHS would be required to pursue the least restrictive alternative, potentially including community-based supervision programs over traditional detention.