- Senator Catherine Cortez Masto is introducing the Fairness for Immigrant Families Act on July 28, 2026.
- The bill seeks to ban the removal of DACA recipients and limit detention for those with pending visas.
- Proposed rules require DHS to notify Congress within twenty-four hours if a United States citizen is detained.
Sen. Catherine Cortez Masto plans to introduce the Fairness for Immigrant Families Act on July 28, 2026, seeking to bar the removal of people with active or pending DACA status and impose new limits on immigration detention and deportation.
The Nevada Democrat’s proposal would also require the Department of Homeland Security to notify Congress within 24 hours if officials detain or remove a U.S. citizen. A separate provision would require higher-level approval before deporting the parent of a U.S. citizen child.
Cortez Masto said the measure responds to a recent Justice Department ruling that DACA status alone does not necessarily prevent removal. She said people covered by the program had “traditionally been protected from deportation.”
The bill faces a difficult path in Congress. Cortez Masto is still seeking support and has no Republican backers, while Republicans control the House, Senate and White House.
“Our immigration system is broken, and we've got to do something about it. Not going after the worst of the worst, going after some individual families in our community that have done nothing but pay taxes, be a part of our community… it has had a chilling effect.”
Cortez Masto made the remarks in a July 27, 2026, interview. Her office describes the proposal as a revised version of earlier legislation introduced in 2021 and 2023. The 2023 measure died in committee.
Five provisions would reshape removal and status cases
The proposal would address more than DACA removals. It would make detention harder in cases involving people with pending visa applications or crime-witness status, while creating additional review requirements for some deportations.
It would also revive and update Section 245(i) of the Immigration and Nationality Act. That provision would let certain long-term residents with family ties and no criminal record seek lawful permanent residency without leaving the United States.
The bill’s proposed protections and requirements include:
| Proposed measure | What it would do |
|---|---|
| DACA removal ban | Prohibit removal of anyone with active or pending DACA status |
| Pending visas and crime witnesses | Make detention more difficult for immigrants with pending visa applications or who witnessed crimes |
| Citizen reporting | Require DHS to report to Congress within 24 hours when a U.S. citizen is detained or removed |
| Parents of U.S. citizen children | Require higher-level approval before deporting the parent of a U.S. citizen child |
| Section 245(i) | Allow certain long-term residents with family ties and no criminal record to adjust to lawful permanent residency without leaving the country |
The reporting rule would apply when a citizen is accidentally detained or removed. The bill would place that notification duty on DHS.
The proposal also comes amid accusations that the department has delayed DACA renewals. Lawmakers say those delays can push applicants out of status and make them enforcement priorities.
Secretary of Homeland Security Markwayne Mullin, confirmed in March 2026, has faced scrutiny from Nevada’s congressional delegation over the alleged slow-walking of renewals. He has pledged to respect judicial warrants.
Nevada has about 11,000 people covered by DACA
Nevada is home to approximately 11,000 people with DACA protection. About 81% participate in the workforce, primarily in health care, education and hospitality.
The national program has also contracted. Approximately 495,000 people held active DACA status in late 2025, and that figure has fallen by roughly 10,000 every three months because of processing delays and lapses in status.
Detention figures have risen during the same period, according to estimates cited in support of the legislation. Since early 2025, over 260 people covered by the program have been detained, while at least 86 to 90 have been deported.
The numbers remain estimates. They describe a shrinking program.
Advocacy groups United We Dream Action and Dream Big Nevada say renewal backlogs have produced a “culture of fear.” People covered by DACA have lived in the United States for an average of 27 years, and months-long delays on two-year renewals can threaten jobs and divide families.
Nevada Democrats are seeking wider protections
Sen. Jacky Rosen has co-sponsored related protections and held roundtables with local leaders. She said information submitted to the government for DACA applications has become a source of anxiety for families.
“The Trump Administration’s attacks on law-abiding immigrant communities have DACA recipients living in fear that the data they provided the government will be used to separate them from their families.”
Senate Democratic Whip Dick Durbin of Illinois has separately called for an amendment protecting Dreamers. His proposal would address arrest, detention and removal.
“What they are looking for is a job—to legally work in the United States and not to be deported… This language basically says the DACA recipients will be protected from arrest, detention, and removal.”
The House has its own measure, the American Dream and Promise Act of 2025. It has not yet received a vote.
That effort remains separate from Cortez Masto’s Senate proposal. Both seek protection for people who arrived in the United States as children.
The Senate proposal must first build bipartisan support
Cortez Masto is working to attract additional backing before the bill moves forward. No Republican senator has signed on so far.
Republican control of both chambers and the White House makes that support especially important. The bill’s prospects will depend first on whether its sponsor can broaden its coalition beyond Senate Democrats.
The legislation is intended to give families “peace of mind” and a clearer legal shield against enforcement. Its scheduled introduction is July 28, 2026.
This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.
