Kids in Need of Detention: H.R. 4371 Harms Children and Increases Costs

HR 4371 doesn’t defend children. It detains them. Detention solves a messaging problem, not a child-safety problem. This bill exists because detention is administratively simple and institutionally profitable. Detention contractors benefit because they can provide substandard “care” while channeling public money toward administration and profit rather than the best interests of children. Privatization promises efficiency but introduces profit extraction into systems that cannot function like markets. There are better, evidence-based ways to actually protect children: Rapid placement with verified, trusted caregivers. Shorter time in custody reduces trauma, illness, and exploitation risk. Presumptive eligibility for parents and close relatives, post-release check-ins rather than pre-release barriers, child-welfare vetting standards instead of criminal-immigration screening, and clear timelines for release decisions all matter. Most harm occurs during prolonged custody, not after placement. • Universal legal representation for children. Legal counsel improves case accuracy and stability. Children with attorneys are more likely to appear for hearings, identify trafficking or abuse, and reach faster, more accurate resolutions. Due process functions as a safety tool. • Trauma-informed care standards, not detention standards. Licensed child-welfare facilities, no strip searches or punitive compliance measures, and mandatory mental-health screening by pediatric specialists. Trauma exposure compounds long-term harm and instability. • Firewalls between child safety and immigration enforcement. Sponsor information used only for child safety, explicit bans on data sharing for enforcement, and confidentiality protections similar to domestic-violence shelters. Deterring caregivers increases time in custody and trafficking risk. • Post-release support instead of pre-release punishment. Case management, school enrollment support, health-care access and follow-up, and targeted home visits for higher-risk cases. Stability comes from support, not surveillance. • Independent child advocates for high-risk cases. Neutral adults empowered to flag delays, unsafe placements, or rights violations, and structurally separated from enforcement agencies. Accountability prevents children from being lost in bureaucracy. Children are protected by speed, stability, counsel, and care. They are endangered by prolonged custody, excessive surveillance, and enforcement-first design. Congress has the tools to choose the protection model—and to build it. The Senate now has the responsibility to reject H.R. 4371, given its foreseeable harm to children today and its avoidable long-term costs to society.