II 

110TH CONGRESS 

1ST SESSION S. 844 

To provide for the protection of unaccompanied alien children, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 12, 2007 

Mrs. FEINSTEIN (for herself, Mr. HAGEL, Mr. KENNEDY, Mr. FEINGOLD, Ms. 

CANTWELL, and Mr. KERRY) introduced the following bill; which was 

read twice and referred to the Committee on the Judiciary 

A BILL 

To provide for the protection of unaccompanied alien 

children, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Unaccompanied Alien Child Protection Act of 2007’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—CUSTODY, RELEASE, FAMILY REUNIFICATION, AND 

DETENTION 


jcorcoran on PROD1PC62 with BILLS
2 

•S 844 IS

Sec. 101. Procedures when encountering unaccompanied alien children. 

Sec. 102. Family reunification for unaccompanied alien children with relatives 

in the United States. 

Sec. 103. Appropriate conditions for detention of unaccompanied alien children. 

Sec. 104. Repatriated unaccompanied alien children. 

Sec. 105. Establishing the age of an unaccompanied alien child. 

Sec. 106. Effective date. 

TITLE II—ACCESS BY UNACCOMPANIED ALIEN CHILDREN TO 

CHILD ADVOCATES AND COUNSEL 

Sec. 201. Child advocates. 

Sec. 202. Counsel. 

Sec. 203. Effective date; applicability. 

TITLE III—STRENGTHENING POLICIES FOR PERMANENT 

PROTECTION OF ALIEN CHILDREN 

Sec. 301. Special immigrant juvenile classification. 

Sec. 302. Training for officials and certain private parties who come into contact with unaccompanied alien children. 

Sec. 303. Report. 

TITLE IV—CHILDREN REFUGEE AND ASYLUM SEEKERS 

Sec. 401. Guidelines for children’s asylum claims. 

Sec. 402. Unaccompanied refugee children. 

Sec. 403. Exceptions for unaccompanied alien children in asylum and refugeelike circumstances. 

TITLE V—AMENDMENTS TO THE HOMELAND SECURITY ACT OF 

2002 

Sec. 501. Additional responsibilities and powers of the Office of Refugee Resettlement with respect to unaccompanied alien children. 

Sec. 502. Technical corrections. 

Sec. 503. Effective date. 

TITLE VI—AUTHORIZATION OF APPROPRIATIONS 

Sec. 601. Authorization of appropriations. 

1 SEC. 2. DEFINITIONS. 

2 (a) IN GENERAL.—In this Act: 

3 (1) COMPETENT.—The term ‘‘competent’’, in 

4 reference to counsel, means an attorney, or a rep5 resentative authorized to represent unaccompanied 

6 alien children in immigration proceedings or mat7 ters, who— 


jcorcoran on PROD1PC62 with BILLS
3 

•S 844 IS

1 (A) complies with the duties set forth in 

2 this Act; 

3 (B) is— 

4 (i) properly qualified to handle mat5 ters involving unaccompanied alien chil6 dren; or 

7 (ii) working under the auspices of a 

8 qualified nonprofit organization that is ex9 perienced in handling such matters; and 

10 (C) if an attorney— 

11 (i) is a member in good standing of 

12 the bar of the highest court of any State, 

13 possession, territory, Commonwealth, or 

14 the District of Columbia; and 

15 (ii) is not under any order of any 

16 court suspending, enjoining, restraining, 

17 disbarring, or otherwise restricting the at18 torney in the practice of law. 

19 (2) DEPARTMENT.—The term ‘‘Department’’ 

20 means the Department of Homeland Security. 

21 (3) DIRECTOR.—The term ‘‘Director’’ means 

22 the Director of the Office. 

23 (4) OFFICE.—The term ‘‘Office’’ means the Of24 fice of Refugee Resettlement established by section 


jcorcoran on PROD1PC62 with BILLS
4 

•S 844 IS

1 411 of the Immigration and Nationality Act (8 

2 U.S.C. 1521). 

3 (5) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Homeland Security. 

5 (6) UNACCOMPANIED ALIEN CHILD.—The term 

6 ‘‘unaccompanied alien child’’ has the meaning given 

7 the term in 101(a)(51) of the Immigration and Na8 tionality Act, as added by subsection (b). 

9 (7) VOLUNTARY AGENCY.—The term ‘‘vol10 untary agency’’ means a private, nonprofit voluntary 

11 agency with expertise in meeting the cultural, devel12 opmental, or psychological needs of unaccompanied 

13 alien children, as certified by the Director. 

14 (b) AMENDMENTS TO THE IMMIGRATION AND NA15 TIONALITY ACT.—Section 101(a) of the Immigration and 

16 Nationality Act (8 U.S.C. 1101(a)) is amended by adding 

17 at the end the following: 

18 ‘‘(51) The term ‘unaccompanied alien child’ means 

19 a child who— 

20 ‘‘(A) has no lawful immigration status in the 

21 United States; 

22 ‘‘(B) has not attained 18 years of age; and 

23 ‘‘(C) with respect to whom— 

24 ‘‘(i) there is no parent or legal guardian in 

25 the United States; or 


jcorcoran on PROD1PC62 with BILLS
5 

•S 844 IS

1 ‘‘(ii) no parent or legal guardian in the 

2 United States is available to provide care and 

3 physical custody. 

4 ‘‘(52) The term ‘unaccompanied refugee children’ 

5 means persons described in paragraph (42) who— 

6 ‘‘(A) have not attained 18 years of age; and 

7 ‘‘(B) with respect to whom there are no parents 

8 or legal guardians available to provide care and 

9 physical custody.’’. 

10 (c) RULE OF CONSTRUCTION.— 

11 (1) STATE COURTS ACTING IN LOCO

12 PARENTIS.—A department or agency of a State, or 

13 an individual or entity appointed by a State court or 

14 a juvenile court located in the United States, acting 

15 in loco parentis, shall not be considered a legal 

16 guardian for purposes of section 462 of the Home17 land Security Act of 2002 (6 U.S.C. 279) or this 

18 Act. 

19 (2) CLARIFICATION OF THE DEFINITION OF UN20 ACCOMPANIED ALIEN CHILD.—For the purposes of 

21 section 462(g)(2) of the Homeland Security Act of 

22 2002 (6 U.S.C. 279(g)(2)) and this Act, a parent or 

23 legal guardian shall not be considered to be available 

24 to provide care and physical custody of an alien child 

25 unless such parent is in the physical presence of, 


jcorcoran on PROD1PC62 with BILLS
6 

•S 844 IS

1 and able to exercise parental responsibilities over, 

2 such child at the time of such child’s apprehension 

3 and during the child’s detention. 

4 TITLE I—CUSTODY, RELEASE, 

5 FAMILY REUNIFICATION, AND 

6 DETENTION 

7 SEC. 101. PROCEDURES WHEN ENCOUNTERING UNACCOM8 PANIED ALIEN CHILDREN. 

9 (a) UNACCOMPANIED CHILDREN FOUND ALONG THE

10 UNITED STATES BORDER OR AT UNITED STATES PORTS

11 OF ENTRY.— 

12 (1) IN GENERAL.—Subject to paragraph (2), an 

13 immigration officer who finds an unaccompanied 

14 alien child described in paragraph (2) at a land bor15 der or port of entry of the United States and deter16 mines that such child is inadmissible under the Im17 migration and Nationality Act (8 U.S.C. 1101 et 

18 seq.) shall— 

19 (A) permit such child to withdraw the 

20 child’s application for admission pursuant to 

21 section 235(a)(4) of the Immigration and Na22 tionality Act (8 U.S.C. 1225(a)(4)); and 

23 (B) return such child to the child’s country 

24 of nationality or country of last habitual resi25 dence. 


jcorcoran on PROD1PC62 with BILLS
7 

•S 844 IS

1 (2) SPECIAL RULE FOR CONTIGUOUS COUN2 TRIES.— 

3 (A) IN GENERAL.—Any child who is a na4 tional or habitual resident of a country, which 

5 is contiguous with the United States and has 

6 an agreement in writing with the United States 

7 that provides for the safe return and orderly re8 patriation of unaccompanied alien children who 

9 are nationals or habitual residents of such 

10 country, shall be treated in accordance with 

11 paragraph (1) if the Secretary determines, on a 

12 case-by-case basis, that— 

13 (i) such child is a national or habitual 

14 resident of a country described in this sub15 paragraph; 

16 (ii) such child does not have a fear of 

17 returning to the child’s country of nation18 ality or country of last habitual residence 

19 owing to a fear of persecution; 

20 (iii) the return of such child to the 

21 child’s country of nationality or country of 

22 last habitual residence would not endanger 

23 the life or safety of such child; and 

24 (iv) the child is able to make an inde25 pendent decision to withdraw the child’s 


jcorcoran on PROD1PC62 with BILLS
8 

•S 844 IS

1 application for admission due to age or 

2 other lack of capacity. 

3 (B) RIGHT OF CONSULTATION.—Any child 

4 described in subparagraph (A) shall have the 

5 right, and shall be informed of that right in the 

6 child’s native language— 

7 (i) to consult with a consular officer 

8 from the child’s country of nationality or 

9 country of last habitual residence prior to 

10 repatriation; and 

11 (ii) to consult, telephonically, with the 

12 Office. 

13 (3) RULE FOR APPREHENSIONS AT THE BOR14 DER.—The custody of unaccompanied alien children 

15 not described in paragraph (2) who are apprehended 

16 at the border of the United States or at a United 

17 States port of entry shall be treated in accordance 

18 with subsection (b). 

19 (b) CARE AND CUSTODY OF UNACCOMPANIED ALIEN

20 CHILDREN FOUND IN THE INTERIOR OF THE UNITED

21 STATES.— 

22 (1) ESTABLISHMENT OF JURISDICTION.— 

23 (A) IN GENERAL.—Except as otherwise 

24 provided under subparagraphs (B) and (C) and 

25 subsection (a), the care and custody of all unacVerDate Aug 31 2005 07:24 Mar 13, 2007 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S844.IS S844

jcorcoran on PROD1PC62 with BILLS
9 

•S 844 IS

1 companied alien children, including responsi2 bility for their detention, where appropriate, 

3 shall be under the jurisdiction of the Office. 

4 (B) EXCEPTION FOR CHILDREN WHO HAVE

5 COMMITTED CRIMES.—Notwithstanding sub6 paragraph (A), the Department of Justice shall 

7 retain or assume the custody and care of any 

8 unaccompanied alien who is— 

9 (i) in the custody of the Department 

10 of Justice pending prosecution for a Fed11 eral crime other than a violation of the Im12 migration and Nationality Act; or 

13 (ii) serving a sentence pursuant to a 

14 conviction for a Federal crime. 

15 (C) EXCEPTION FOR CHILDREN WHO

16 THREATEN NATIONAL SECURITY.—Notwith17 standing subparagraph (A), the Department 

18 shall retain or assume the custody and care of 

19 an unaccompanied alien child if the Secretary 

20 has substantial evidence, based on an individ21 ualized determination, that such child could 

22 personally endanger the national security of the 

23 United States. 

24 (2) NOTIFICATION.— 


jcorcoran on PROD1PC62 with BILLS
10 

•S 844 IS

1 (A) IN GENERAL.—Each department or 

2 agency of the Federal Government shall 

3 promptly notify the Office upon— 

4 (i) the apprehension of an unaccom5 panied alien child; 

6 (ii) the discovery that an alien in the 

7 custody of such department or agency is 

8 an unaccompanied alien child; 

9 (iii) any claim by an alien in the cus10 tody of such department or agency that 

11 such alien is younger than 18 years of age; 

12 or 

13 (iv) any suspicion that an alien in the 

14 custody of such department or agency who 

15 has claimed to be at least 18 years of age 

16 is actually younger than 18 years of age. 

17 (B) SPECIAL RULE.—The Director shall— 

18 (i) make an age determination for an 

19 alien described in clause (iii) or (iv) of sub20 paragraph (A) in accordance with section 

21 105; and 

22 (ii) take whatever other steps are nec23 essary to determine whether such alien is 

24 eligible for treatment under section 462 of 


jcorcoran on PROD1PC62 with BILLS
11 

•S 844 IS

1 the Homeland Security Act of 2002 (6 

2 U.S.C. 279) or under this Act. 

3 (3) TRANSFER OF UNACCOMPANIED ALIEN

4 CHILDREN.— 

5 (A) TRANSFER TO THE OFFICE.—Any 

6 Federal department or agency that has an un7 accompanied alien child in its custody shall 

8 transfer the custody of such child to the Of9 fice— 

10 (i) not later than 72 hours after a de11 termination is made that such child is an 

12 unaccompanied alien, if the child is not de13 scribed in subparagraph (B) or (C) of 

14 paragraph (1); 

15 (ii) if the custody and care of the 

16 child has been retained or assumed by the 

17 Attorney General under paragraph (1)(B) 

18 or by the Department under paragraph 

19 (1)(C), following a determination that the 

20 child no longer meets the description set 

21 forth in such subparagraphs; or 

22 (iii) if the child was previously re23 leased to an individual or entity described 

24 in section 102(a)(1), upon a determination 


jcorcoran on PROD1PC62 with BILLS
12 

•S 844 IS

1 by the Director that such individual or en2 tity is no longer able to care for the child. 

3 (B) TRANSFER TO THE DEPARTMENT.— 

4 The Director shall transfer the care and cus5 tody of an unaccompanied alien child in the 

6 custody of the Office or the Department of Jus7 tice to the Department upon determining that 

8 the child is described in subparagraph (B) or 

9 (C) of paragraph (1). 

10 (C) PROMPTNESS OF TRANSFER.—If a 

11 child needs to be transferred under this para12 graph, the sending office shall make prompt ar13 rangements to transfer such child and the re14 ceiving office shall make prompt arrangements 

15 to receive such child. 

16 (c) AGE DETERMINATIONS.—If the age of an alien 

17 is in question and the resolution of questions about the 

18 age of such alien would affect the alien’s eligibility for 

19 treatment under section 462 of the Homeland Security 

20 Act of 2002 (6 U.S.C. 279) or this Act, a determination 

21 of whether or not such alien meets such age requirements 

22 shall be made in accordance with section 105, unless oth23 erwise specified in subsection (b)(2)(B). 

24 (d) ACCESS TO ALIEN.—The Secretary and the At25 torney General shall permit the Office to have reasonable 


jcorcoran on PROD1PC62 with BILLS
13 

•S 844 IS

1 access to aliens in the custody of the Secretary or the At2 torney General to ensure a prompt determination of the 

3 age of such alien, if necessary under subsection (b)(2)(B). 

4 SEC. 102. FAMILY REUNIFICATION FOR UNACCOMPANIED 

5 ALIEN CHILDREN WITH RELATIVES IN THE 

6 UNITED STATES. 

7 (a) PLACEMENT OF RELEASED CHILDREN.— 

8 (1) ORDER OF PREFERENCE.—Subject to the 

9 discretion of the Director under paragraph (4), sec10 tion 103(a)(2), and section 462(b)(2) of the Home11 land Security Act of 2002 (6 U.S.C. 279(b)(2)), an 

12 unaccompanied alien child in the custody of the Of13 fice shall be promptly placed with 1 of the following 

14 individuals or entities in the following order of pref15 erence: 

16 (A) A parent who seeks to establish cus17 tody under paragraph (3)(A). 

18 (B) A legal guardian who seeks to estab19 lish custody under paragraph (3)(A). 

20 (C) An adult relative. 

21 (D) An individual or entity designated by 

22 the parent or legal guardian that is capable and 

23 willing to care for the well being of the child. 


jcorcoran on PROD1PC62 with BILLS
14 

•S 844 IS

1 (E) A State-licensed family foster home, 

2 small group home, or juvenile shelter willing to 

3 accept custody of the child. 

4 (F) A qualified adult or entity, as deter5 mined by the Director by regulation, seeking 

6 custody of the child if the Director determines 

7 that no other likely alternative to long-term de8 tention exists and family reunification does not 

9 appear to be a reasonable alternative. 

10 (2) SUITABILITY ASSESSMENT.— 

11 (A) GENERAL REQUIREMENTS.—Notwith12 standing paragraph (1), and subject to the re13 quirements of subparagraph (B), an unaccom14 panied alien child may not be placed with a per15 son or entity described in any of subparagraphs 

16 (A) through (F) of paragraph (1) unless the 

17 Director provides written certification that the 

18 proposed custodian is capable of providing for 

19 the child’s physical and mental well-being, 

20 based on— 

21 (i) with respect to an individual custo22 dian— 

23 (I) verification of such individ24 ual’s identity and employment; 


jcorcoran on PROD1PC62 with BILLS
15 

•S 844 IS

1 (II) a finding that such indi2 vidual has not engaged in any activity 

3 that would indicate a potential risk to 

4 the child, including the people and ac5 tivities described in paragraph 

6 (4)(A)(i); 

7 (III) a finding that such indi8 vidual is not the subject of an open 

9 investigation by a State or local child 

10 protective services authority due to 

11 suspected child abuse or neglect; 

12 (IV) verification that such indi13 vidual has a plan for the provision of 

14 care for the child; 

15 (V) verification of familial rela16 tionship of such individual, if any re17 lationship is claimed; and 

18 (VI) verification of nature and 

19 extent of previous relationship; 

20 (ii) with respect to a custodial entity, 

21 verification of such entity’s appropriate li22 censure by the State, county, or other ap23 plicable unit of government; and 

24 (iii) such other information as the Di25 rector determines appropriate. 


jcorcoran on PROD1PC62 with BILLS
16 

•S 844 IS

1 (B) HOME STUDY.— 

2 (i) IN GENERAL.—The Director shall 

3 place a child with any custodian described 

4 in any of subparagraphs (A) through (F) 

5 of paragraph (1) unless the Director deter6 mines that a home study with respect to 

7 such custodian is necessary. 

8 (ii) SPECIAL NEEDS CHILDREN.—A 

9 home study shall be conducted to deter10 mine if the custodian can properly meet 

11 the needs of— 

12 (I) a special needs child with a 

13 disability (as defined in section 3 of 

14 the Americans with Disabilities Act of 

15 1990 (42 U.S.C. 12102(2)); or 

16 (II) a child who has been the ob17 ject of physical or mental injury, sex18 ual abuse, negligent treatment, or 

19 maltreatment under circumstances 

20 which indicate that the child’s health 

21 or welfare has been harmed or threat22 ened. 

23 (iii) FOLLOW-UP SERVICES.—The Di24 rector shall conduct follow-up services for 

25 at least 90 days on custodians for whom a 


jcorcoran on PROD1PC62 with BILLS
17 

•S 844 IS

1 home study was conducted under this sub2 paragraph. 

3 (C) CONTRACT AUTHORITY.—The Director 

4 may, by grant or contract, arrange for some or 

5 all of the activities under this section to be car6 ried out by— 

7 (i) an agency of the State of the 

8 child’s proposed residence; 

9 (ii) an agency authorized by such 

10 State to conduct such activities; or 

11 (iii) an appropriate voluntary or non12 profit agency. 

13 (D) DATABASE ACCESS.—In conducting 

14 suitability assessments, the Director shall have 

15 access to all relevant information in the appro16 priate Federal, State, and local law enforcement 

17 and immigration databases. 

18 (3) RIGHT OF PARENT OR LEGAL GUARDIAN TO

19 CUSTODY OF UNACCOMPANIED ALIEN CHILD.— 

20 (A) PLACEMENT WITH PARENT OR LEGAL

21 GUARDIAN.—If an unaccompanied alien child is 

22 placed with any person or entity other than a 

23 parent or legal guardian, and subsequent to 

24 that placement a parent or legal guardian seeks 

25 to establish custody, the Director shall— 


jcorcoran on PROD1PC62 with BILLS
18 

•S 844 IS

1 (i) assess the suitability of placing the 

2 child with the parent or legal guardian; 

3 and 

4 (ii) make a written determination re5 garding the child’s placement within 30 

6 days. 

7 (B) RULE OF CONSTRUCTION.—Nothing in 

8 this Act shall be construed to— 

9 (i) supersede obligations under any 

10 treaty or other international agreement to 

11 which the United States is a party, includ12 ing— 

13 (I) the Convention on the Civil 

14 Aspects of International Child Abduc15 tion, done at The Hague, October 25, 

16 1980 (TIAS 11670); 

17 (II) the Vienna Declaration and 

18 Program of Action, adopted at Vi19 enna, June 25, 1993; and 

20 (III) the Declaration of the 

21 Rights of the Child, adopted at New 

22 York, November 20, 1959; or 

23 (ii) limit any right or remedy under 

24 such international agreement. 


jcorcoran on PROD1PC62 with BILLS
19 

•S 844 IS

1 (4) PROTECTION FROM SMUGGLERS AND TRAF2 FICKERS.— 

3 (A) POLICIES AND PROGRAMS.— 

4 (i) IN GENERAL.—The Director shall 

5 establish policies and programs to ensure 

6 that unaccompanied alien children are pro7 tected from smugglers, traffickers, or other 

8 persons seeking to victimize or otherwise 

9 engage such children in criminal, harmful, 

10 or exploitative activity. 

11 (ii) WITNESS PROTECTION PROGRAMS

12 INCLUDED.—Programs established pursu13 ant to clause (i) may include witness pro14 tection programs. 

15 (B) CRIMINAL INVESTIGATIONS AND PROS16 ECUTIONS.—Any officer or employee of the Of17 fice or of the Department, and any grantee or 

18 contractor of the Office or of the Department, 

19 who suspects any individual of involvement in 

20 any activity described in subparagraph (A) shall 

21 report such individual to Federal or State pros22 ecutors for criminal investigation and prosecu23 tion. 

24 (C) DISCIPLINARY ACTION.—Any officer or 

25 employee of the Office or the Department, and 


jcorcoran on PROD1PC62 with BILLS
20 

•S 844 IS

1 any grantee or contractor of the Office, who be2 lieves that a competent attorney or representa3 tive has been a participant in any activity de4 scribed in subparagraph (A), shall report the 

5 attorney to the State bar association of which 

6 the attorney is a member, or to other appro7 priate disciplinary authorities, for appropriate 

8 disciplinary action, including private or public 

9 admonition or censure, suspension, or disbar10 ment of the attorney from the practice of law. 

11 (5) GRANTS AND CONTRACTS.—The Director 

12 may award grants to, and enter into contracts with, 

13 voluntary agencies to carry out this section or sec14 tion 462 of the Homeland Security Act of 2002 (6 

15 U.S.C. 279). 

16 (b) CONFIDENTIALITY.— 

17 (1) IN GENERAL.—All information obtained by 

18 the Office relating to the immigration status of a 

19 person described in subparagraphs (A), (B), and (C) 

20 of subsection (a)(1) shall remain confidential and 

21 may only be used to determine such person’s quali22 fications under subsection (a)(1). 

23 (2) NONDISCLOSURE OF INFORMATION.—In 

24 consideration of the needs and privacy of unaccom25 panied alien children in the custody of the Office or 


jcorcoran on PROD1PC62 with BILLS
21 

•S 844 IS

1 its agents, and the necessity to guarantee the con2 fidentiality of such children’s information in order to 

3 facilitate their trust and truthfulness with the Of4 fice, its agents, and clinicians, the Office shall main5 tain the privacy and confidentiality of all informa6 tion gathered in the course of the care, custody, and 

7 placement of unaccompanied alien children, con8 sistent with its role and responsibilities under the 

9 Homeland Security Act to act as guardian in loco 

10 parentis in the best interest of the unaccompanied 

11 alien child, by not disclosing such information to 

12 other government agencies or nonparental third par13 ties. 

14 (c) REQUIRED DISCLOSURE.—The Secretary or the 

15 Secretary of Health and Human Services shall provide the 

16 information furnished under this section, and any other 

17 information derived from such furnished information, to— 

18 (1) a duly recognized law enforcement entity in 

19 connection with an investigation or prosecution of an 

20 offense described in paragraph (2) or (3) of section 

21 212(a) of the Immigration and Nationality Act (8 

22 U.S.C. 1182(a)), when such information is requested 

23 in writing by such entity; or 

24 (2) an official coroner for purposes of affirma25 tively identifying a deceased individual (whether or 


jcorcoran on PROD1PC62 with BILLS
22 

•S 844 IS

1 not such individual is deceased as a result of a 

2 crime). 

3 (d) PENALTY.—Any person who knowingly uses, pub4 lishes, or permits information to be examined in violation 

5 of this section shall be fined not more than $10,000. 

6 SEC. 103. APPROPRIATE CONDITIONS FOR DETENTION OF 

7 UNACCOMPANIED ALIEN CHILDREN. 

8 (a) STANDARDS FOR PLACEMENT.— 

9 (1) ORDER OF PREFERENCE.—An unaccom10 panied alien child who is not released pursuant to 

11 section 102(a)(1) shall be placed in the least restric12 tive setting possible in the following order of pref13 erence: 

14 (A) Licensed family foster home. 

15 (B) Small group home. 

16 (C) Juvenile shelter. 

17 (D) Residential treatment center. 

18 (E) Secure detention. 

19 (2) PROHIBITION OF DETENTION IN CERTAIN

20 FACILITIES.—Except as provided under paragraph 

21 (3), an unaccompanied alien child shall not be 

22 placed in an adult detention facility or a facility 

23 housing delinquent children. 

24 (3) DETENTION IN APPROPRIATE FACILITIES.— 

25 An unaccompanied alien child who has exhibited vioVerDate Aug 31 2005 07:24 Mar 13, 2007 Jkt 059200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S844.IS S844

jcorcoran on PROD1PC62 with BILLS
23 

•S 844 IS

1 lent or criminal behavior that endangers others may 

2 be detained in conditions appropriate to such behav3 ior in a facility appropriate for delinquent children. 

4 (4) STATE LICENSURE.—A child shall not be 

5 placed with an entity described in section 

6 102(a)(1)(E), unless the entity is licensed by an ap7 propriate State agency to provide residential, group, 

8 child welfare, or foster care services for dependent 

9 children. 

10 (5) CONDITIONS OF DETENTION.— 

11 (A) IN GENERAL.—The Director and the 

12 Secretary shall promulgate regulations incor13 porating standards for conditions of detention 

14 in placements described in paragraph (1) that 

15 provide for— 

16 (i) educational services appropriate to 

17 the child; 

18 (ii) medical care; 

19 (iii) mental health care, including 

20 treatment of trauma, physical and sexual 

21 violence, and abuse; 

22 (iv) access to telephones; 

23 (v) access to legal services; 

24 (vi) access to interpreters; 


jcorcoran on PROD1PC62 with BILLS
24 

•S 844 IS

1 (vii) supervision by professionals 

2 trained in the care of children, taking into 

3 account the special cultural, linguistic, and 

4 experiential needs of children in immigra5 tion proceedings; 

6 (viii) recreational programs and activi7 ties; 

8 (ix) spiritual and religious needs; and 

9 (x) dietary needs. 

10 (B) NOTIFICATION OF CHILDREN.—Regu11 lations promulgated under subparagraph (A) 

12 shall provide that all children in such place13 ments are notified of such standards orally and 

14 in writing in the child’s native language. 

15 (b) PROHIBITION OF CERTAIN PRACTICES.—The Di16 rector and the Secretary shall develop procedures prohib17 iting the unreasonable use of— 

18 (1) shackling, handcuffing, or other restraints 

19 on children; 

20 (2) solitary confinement; or 

21 (3) pat or strip searches. 

22 (c) RULE OF CONSTRUCTION.—Nothing in this sec23 tion shall be construed to supersede procedures favoring 

24 release of children to appropriate adults or entities or 

25 placement in the least secure setting possible, as described 


jcorcoran on PROD1PC62 with BILLS
25 

•S 844 IS

1 in paragraph 23 of the Stipulated Settlement Agreement 

2 under Flores v. Reno. 

3 SEC. 104. REPATRIATED UNACCOMPANIED ALIEN CHIL4 DREN. 

5 (a) COUNTRY CONDITIONS.— 

6 (1) SENSE OF CONGRESS.—It is the sense of 

7 Congress that, to the extent consistent with the trea8 ties and other international agreements to which the 

9 United States is a party, and to the extent prac10 ticable, the United States Government should under11 take efforts to ensure that it does not repatriate 

12 children in its custody into settings that would 

13 threaten the life and safety of such children. 

14 (2) ASSESSMENT OF CONDITIONS.— 

15 (A) IN GENERAL.—The Secretary of State 

16 shall include, in the annual Country Reports on 

17 Human Rights Practices, an assessment of the 

18 degree to which each country protects children 

19 from smugglers and traffickers. 

20 (B) FACTORS FOR ASSESSMENT.—The 

21 Secretary shall consult the Country Reports on 

22 Human Rights Practices and the Trafficking in 

23 Persons Report in assessing whether to repa24 triate an unaccompanied alien child to a par25 ticular country. 


jcorcoran on PROD1PC62 with BILLS
26 

•S 844 IS

1 (b) REPORT ON REPATRIATION OF UNACCOMPANIED

2 ALIEN CHILDREN.— 

3 (1) IN GENERAL.—Not later than 18 months 

4 after the date of the enactment of this Act, and an5 nually thereafter, the Secretary shall submit a report 

6 to the Committee on the Judiciary of the Senate and 

7 the Committee on the Judiciary of the House of 

8 Representatives on efforts to repatriate unaccom9 panied alien children. 

10 (2) CONTENTS.—The report submitted under 

11 paragraph (1) shall include— 

12 (A) the number of unaccompanied alien 

13 children ordered removed and the number of 

14 such children actually removed from the United 

15 States; 

16 (B) a description of the type of immigra17 tion relief sought and denied to such children; 

18 (C) a statement of the nationalities, ages, 

19 and gender of such children; 

20 (D) a description of the procedures used to 

21 effect the removal of such children from the 

22 United States; 

23 (E) a description of steps taken to ensure 

24 that such children were safely and humanely re25 patriated to their country of origin; and 


jcorcoran on PROD1PC62 with BILLS
27 

•S 844 IS

1 (F) any information gathered in assess2 ments of country and local conditions pursuant 

3 to subsection (a)(2). 

4 SEC. 105. ESTABLISHING THE AGE OF AN UNACCOMPANIED 

5 ALIEN CHILD. 

6 (a) PROCEDURES.— 

7 (1) IN GENERAL.—The Director, in consulta8 tion with the Secretary, shall develop procedures to 

9 make a prompt determination of the age of an alien, 

10 which procedures shall be used— 

11 (A) by the Secretary, with respect to aliens 

12 in the custody of the Department; 

13 (B) by the Director, with respect to aliens 

14 in the custody of the Office; and 

15 (C) by the Attorney General, with respect 

16 to aliens in the custody of the Department of 

17 Justice. 

18 (2) EVIDENCE.—The procedures developed 

19 under paragraph (1) shall— 

20 (A) permit the presentation of multiple 

21 forms of evidence, including testimony of the 

22 alien, to determine the age of the unaccom23 panied alien for purposes of placement, custody, 

24 parole, and detention; and 


jcorcoran on PROD1PC62 with BILLS
28 

•S 844 IS

1 (B) allow the appeal of a determination to 

2 an immigration judge. 

3 (b) PROHIBITION ON SOLE MEANS OF DETERMINING

4 AGE.—Radiographs or the attestation of an alien may not 

5 be used as the sole means of determining age for the pur6 poses of determining an alien’s eligibility for treatment 

7 under this Act or section 462 of the Homeland Security 

8 Act of 2002 (6 U.S.C. 279). 

9 (c) RULE OF CONSTRUCTION.—Nothing in this sec10 tion may be construed to place the burden of proof in de11 termining the age of an alien on the Government. 

12 SEC. 106. EFFECTIVE DATE. 

13 This title shall take effect on the date which is 90 

14 days after the date of the enactment of this Act. 

15 TITLE II—ACCESS BY UNACCOM16 PANIED ALIEN CHILDREN TO 

17 CHILD ADVOCATES AND 

18 COUNSEL 

19 SEC. 201. CHILD ADVOCATES. 

20 (a) ESTABLISHMENT OF CHILD ADVOCATE PRO21 GRAM.— 

22 (1) APPOINTMENT.—The Director may appoint 

23 a child advocate, who meets the qualifications de24 scribed in paragraph (2), for an unaccompanied 

25 alien child. The Director is encouraged, if pracVerDate Aug 31 2005 07:24 Mar 13, 2007 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S844.IS S844

jcorcoran on PROD1PC62 with BILLS
29 

•S 844 IS

1 ticable, to contract with a voluntary agency for the 

2 selection of an individual to be appointed as a child 

3 advocate under this paragraph. 

4 (2) QUALIFICATIONS OF CHILD ADVOCATE.— 

5 (A) IN GENERAL.—A person may not serve 

6 as a child advocate unless such person— 

7 (i) is a child welfare professional or 

8 other individual who has received training 

9 in child welfare matters; 

10 (ii) possesses special training on the 

11 nature of problems encountered by unac12 companied alien children; and 

13 (iii) is not an employee of the Depart14 ment, the Department of Justice, or the 

15 Department of Health and Human Serv16 ices. 

17 (B) INDEPENDENCE OF CHILD ADVO18 CATE.— 

19 (i) INDEPENDENCE FROM AGENCIES

20 OF GOVERNMENT.—The child advocate 

21 shall act independently of any agency of 

22 government in making and reporting find23 ings or making recommendations with re24 spect to the best interests of the child. No 

25 agency shall terminate, reprimand, deVerDate Aug 31 2005 07:24 Mar 13, 2007 Jkt 059200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S844.IS S844

jcorcoran on PROD1PC62 with BILLS
30 

•S 844 IS

1 fund, intimidate, or retaliate against any 

2 person or entity appointed under para3 graph (1) because of the findings and rec4 ommendations made by such person relat5 ing to any child. 

6 (ii) PROHIBITION OF CONFLICT OF IN7 TEREST.—No person shall serve as a child 

8 advocate for a child if such person is pro9 viding legal services to such child. 

10 (3) DUTIES.—The child advocate of a child 

11 shall— 

12 (A) conduct interviews with the child in a 

13 manner that is appropriate, taking into account 

14 the child’s age; 

15 (B) investigate the facts and circumstances 

16 relevant to the child’s presence in the United 

17 States, including facts and circumstances— 

18 (i) arising in the country of the child’s 

19 nationality or last habitual residence; and 

20 (ii) arising subsequent to the child’s 

21 departure from such country; 

22 (C) work with counsel to identify the 

23 child’s eligibility for relief from removal or vol24 untary departure by sharing with counsel relVerDate Aug 31 2005 07:24 Mar 13, 2007 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S844.IS S844

jcorcoran on PROD1PC62 with BILLS
31 

•S 844 IS

1 evant information collected under subparagraph 

2 (B); 

3 (D) develop recommendations on issues 

4 relative to the child’s custody, detention, re5 lease, and repatriation; 

6 (E) take reasonable steps to ensure that— 

7 (i) the best interests of the child are 

8 promoted while the child participates in, or 

9 is subject to, proceedings or matters under 

10 the Immigration and Nationality Act (8 

11 U.S.C. 1101 et seq.); 

12 (ii) the child understands the nature 

13 of the legal proceedings or matters and de14 terminations made by the court, and that 

15 all information is conveyed to the child in 

16 an age-appropriate manner; 

17 (F) report factual findings and rec18 ommendations consistent with the child’s best 

19 interests relating to the custody, detention, and 

20 release of the child during the pendency of the 

21 proceedings or matters, to the Director and the 

22 child’s counsel; 

23 (G) in any proceeding involving an alien 

24 child in which a complaint has been filed with 

25 any appropriate disciplinary authority against 


jcorcoran on PROD1PC62 with BILLS
32 

•S 844 IS

1 an attorney or representative for criminal, un2 ethical, or unprofessional conduct in connection 

3 with the representation of the alien child, pro4 vide the immigration judge with written rec5 ommendations or testimony on any information 

6 the child advocate may have regarding the con7 duct of the attorney; and 

8 (H) in any proceeding involving an alien 

9 child in which the safety of the child upon repa10 triation is at issue, and after the immigration 

11 judge has considered and denied all applications 

12 for relief other than voluntary departure, pro13 vide the immigration judge with written rec14 ommendations or testimony on any information 

15 the child advocate may have regarding the 

16 child’s safety upon repatriation. 

17 (4) TERMINATION OF APPOINTMENT.—The 

18 child advocate shall carry out the duties described in 

19 paragraph (3) until the earliest of the date on 

20 which— 

21 (A) those duties are completed; 

22 (B) the child departs from the United 

23 States; 

24 (C) the child is granted permanent resi25 dent status in the United States; 


jcorcoran on PROD1PC62 with BILLS
33 

•S 844 IS

1 (D) the child reaches 18 years of age; or 

2 (E) the child is placed in the custody of a 

3 parent or legal guardian. 

4 (5) POWERS.—The child advocate— 

5 (A) shall have reasonable access to the 

6 child, including access while such child is being 

7 held in detention or in the care of a foster fam8 ily; 

9 (B) shall be permitted to review all records 

10 and information relating to such proceedings 

11 that are not deemed privileged or classified; 

12 (C) may seek independent evaluations of 

13 the child; 

14 (D) shall be notified in advance of all hear15 ings or interviews involving the child that are 

16 held in connection with proceedings or matters 

17 under the Immigration and Nationality Act (8 

18 U.S.C. 1101 et seq.), and shall be given a rea19 sonable opportunity to be present at such hear20 ings or interviews; 

21 (E) shall be permitted to accompany and 

22 consult with the child during any hearing or 

23 interview involving such child; and 

24 (F) shall be provided at least 24 hours ad25 vance notice of a transfer of that child to a difVerDate Aug 31 2005 07:24 Mar 13, 2007 Jkt 059200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S844.IS S844

jcorcoran on PROD1PC62 with BILLS
34 

•S 844 IS

1 ferent placement, absent compelling and un2 usual circumstances warranting the transfer of 

3 such child before such notification. 

4 (b) TRAINING.— 

5 (1) IN GENERAL.—The Director shall provide 

6 professional training for all persons serving as child 

7 advocates under this section. 

8 (2) TRAINING TOPICS.—The training provided 

9 under paragraph (1) shall include training in— 

10 (A) the circumstances and conditions faced 

11 by unaccompanied alien children; and 

12 (B) various immigration benefits for which 

13 such alien child might be eligible. 

14 (c) PILOT PROGRAM.— 

15 (1) IN GENERAL.—Not later than 180 days 

16 after the date of the enactment of this Act, the Di17 rector shall establish and begin to carry out a pilot 

18 program to test the implementation of subsection 

19 (a). Any pilot program existing before the date of 

20 the enactment of this Act shall be deemed insuffi21 cient to satisfy the requirements of this subsection. 

22 (2) PURPOSE.—The purpose of the pilot pro23 gram established pursuant to paragraph (1) is to— 

24 (A) study and assess the benefits of pro25 viding child advocates to assist unaccompanied 


jcorcoran on PROD1PC62 with BILLS
35 

•S 844 IS

1 alien children involved in immigration pro2 ceedings or matters; 

3 (B) assess the most efficient and cost-ef4 fective means of implementing the child advo5 cate provisions under this section; and 

6 (C) assess the feasibility of implementing 

7 such provisions on a nationwide basis for all un8 accompanied alien children in the care of the 

9 Office. 

10 (3) SCOPE OF PROGRAM.— 

11 (A) SELECTION OF SITE.—The Director 

12 shall select 3 sites at which to operate the pilot 

13 program established under paragraph (1). 

14 (B) NUMBER OF CHILDREN.—Each site 

15 selected under subparagraph (A) should have 

16 not less than 25 children held in immigration 

17 custody at any given time, to the greatest ex18 tent possible. 

19 (4) REPORT TO CONGRESS.—Not later than 1 

20 year after the date on which the first pilot program 

21 site is established under paragraph (1), the Director 

22 shall submit a report on the achievement of the pur23 poses described in paragraph (2) to the Committee 

24 on the Judiciary of the Senate and the Committee 

25 on the Judiciary of the House of Representatives. 


jcorcoran on PROD1PC62 with BILLS
36 

•S 844 IS

1 (5) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated such sums 

3 as may be necessary to carry out this section. 

4 SEC. 202. COUNSEL. 

5 (a) ACCESS TO COUNSEL.— 

6 (1) IN GENERAL.—The Director shall ensure, to 

7 the greatest extent practicable, that all unaccom8 panied alien children in the custody of the Office or 

9 the Department, who are not described in section 

10 101(a)(2), have competent counsel to represent them 

11 in immigration proceedings or matters. 

12 (2) PRO BONO REPRESENTATION.—To the 

13 greatest extent practicable, the Director shall— 

14 (A) make every effort to utilize the services 

15 of competent pro bono counsel who agree to 

16 provide representation to such children without 

17 charge; and 

18 (B) ensure that placements made under 

19 subparagraphs (D), (E), and (F) of section 

20 102(a)(1) are in cities in which there is a dem21 onstrated capacity for competent pro bono rep22 resentation. 

23 (3) DEVELOPMENT OF NECESSARY INFRA24 STRUCTURES AND SYSTEMS.—The Director shall de25 velop the necessary mechanisms to identify and reVerDate Aug 31 2005 07:24 Mar 13, 2007 Jkt 059200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S844.IS S844

jcorcoran on PROD1PC62 with BILLS
37 

•S 844 IS

1 cruit entities that are available to provide legal as2 sistance and representation under this subsection. 

3 (4) CONTRACTING AND GRANT MAKING AU4 THORITY.— 

5 (A) IN GENERAL.—The Director shall 

6 enter into contracts with, or award grants to, 

7 nonprofit agencies with relevant expertise in the 

8 delivery of immigration-related legal services to 

9 children in order to carry out the responsibil10 ities of this Act, including providing legal ori11 entation, screening cases for referral, recruiting, 

12 training, and overseeing pro bono attorneys. 

13 (B) SUBCONTRACTING.—Nonprofit agen14 cies may enter into subcontracts with, or award 

15 grants to, private voluntary agencies with rel16 evant expertise in the delivery of immigration17 related legal services to children in order to 

18 carry out this subsection. 

19 (C) CONSIDERATIONS REGARDING GRANTS

20 AND CONTRACTS.—In awarding grants and en21 tering into contracts with agencies under this 

22 paragraph, the Director shall take into consid23 eration the capacity of the agencies in question 

24 to properly administer the services covered by 


jcorcoran on PROD1PC62 with BILLS
38 

•S 844 IS

1 such grants or contracts without an undue con2 flict of interest. 

3 (5) MODEL GUIDELINES ON LEGAL REPRESEN4 TATION OF CHILDREN.— 

5 (A) DEVELOPMENT OF GUIDELINES.—The 

6 Director of the Executive Office for Immigra7 tion Review of the Department of Justice, in 

8 consultation with voluntary agencies and na9 tional experts, shall develop model guidelines 

10 for the legal representation of alien children in 

11 immigration proceedings. Such guidelines shall 

12 be based on the children’s asylum guidelines, 

13 the American Bar Association Model Rules of 

14 Professional Conduct, and other relevant do15 mestic or international sources. 

16 (B) PURPOSE OF GUIDELINES.—The 

17 guidelines developed under subparagraph (A) 

18 shall be designed to help protect each child 

19 from any individual suspected of involvement in 

20 any criminal, harmful, or exploitative activity 

21 associated with the smuggling or trafficking of 

22 children, while ensuring the fairness of the re23 moval proceeding in which the child is involved. 

24 (C) IMPLEMENTATION.—Not later than 

25 180 days after the date of the enactment of this 


jcorcoran on PROD1PC62 with BILLS
39 

•S 844 IS

1 Act, the Director of the Executive Office for 

2 Immigration Review shall— 

3 (i) adopt the guidelines developed 

4 under subparagraph (A); and 

5 (ii) submit the guidelines for adoption 

6 by national, State, and local bar associa7 tions. 

8 (b) DUTIES.—Counsel under this section shall— 

9 (1) represent the unaccompanied alien child in 

10 all proceedings and matters relating to the immigra11 tion status of the child or other actions involving the 

12 Department; 

13 (2) appear in person for all individual merits 

14 hearings before the Executive Office for Immigration 

15 Review and interviews involving the Department; 

16 and 

17 (3) owe the same duties of undivided loyalty, 

18 confidentiality, and competent representation to the 

19 child as is due to an adult client. 

20 (c) ACCESS TO CHILD.— 

21 (1) IN GENERAL.—Counsel under this section 

22 shall have reasonable access to the unaccompanied 

23 alien child, including access while the child is— 

24 (A) held in detention; 

25 (B) in the care of a foster family; or 


jcorcoran on PROD1PC62 with BILLS
40 

•S 844 IS

1 (C) in any other setting that has been de2 termined by the Office. 

3 (2) RESTRICTION ON TRANSFERS.—Absent 

4 compelling and unusual circumstances, a child who 

5 is represented by counsel may not be transferred 

6 from the child’s placement to another placement un7 less advance notice of at least 24 hours is made to 

8 counsel of such transfer. 

9 (d) NOTICE TO COUNSEL DURING IMMIGRATION

10 PROCEEDINGS.— 

11 (1) IN GENERAL.—Except when otherwise re12 quired in an emergency situation involving the phys13 ical safety of the child, counsel shall be given prompt 

14 and adequate notice of all immigration matters af15 fecting or involving an unaccompanied alien child, 

16 including adjudications, proceedings, and processing, 

17 before such actions are taken. 

18 (2) OPPORTUNITY TO CONSULT WITH COUN19 SEL.—An unaccompanied alien child in the custody 

20 of the Office may not give consent to any immigra21 tion action, including consenting to voluntary depar22 ture, unless first afforded an opportunity to consult 

23 with counsel. 

24 (e) ACCESS TO RECOMMENDATIONS OF CHILD ADVO25 CATE.—Counsel shall be given an opportunity to review 


jcorcoran on PROD1PC62 with BILLS
41 

•S 844 IS

1 the recommendations of the child advocate affecting or in2 volving a client who is an unaccompanied alien child. 

3 (f) COUNSEL FOR UNACCOMPANIED ALIEN CHIL4 DREN.—Nothing in this Act may be construed to require 

5 the Government of the United States to pay for counsel 

6 to any unaccompanied alien child. 

7 SEC. 203. EFFECTIVE DATE; APPLICABILITY. 

8 (a) EFFECTIVE DATE.—This title shall take effect on 

9 the date which is 180 days after the date of the enactment 

10 of this Act. 

11 (b) APPLICABILITY.—The provisions of this title shall 

12 apply to all unaccompanied alien children in Federal cus13 tody before, on, or after the effective date of this title. 

14 TITLE III—STRENGTHENING 

15 POLICIES FOR PERMANENT 

16 PROTECTION OF ALIEN CHIL17 DREN 

18 SEC. 301. SPECIAL IMMIGRANT JUVENILE CLASSIFICATION. 

19 (a) J CLASSIFICATION.— 

20 (1) IN GENERAL.—Section 101(a)(27)(J) of the 

21 Immigration and Nationality Act (8 U.S.C. 

22 1101(a)(27)(J)) is amended to read as follows: 

23 ‘‘(J) an immigrant, who is 18 years of age or 

24 younger on the date of application for classification 


jcorcoran on PROD1PC62 with BILLS
42 

•S 844 IS

1 as a special immigrant and present in the United 

2 States— 

3 ‘‘(i) who, by a court order supported by 

4 written findings of fact, which shall be binding 

5 on the Secretary of Homeland Security for pur6 poses of adjudications under this subpara7 graph— 

8 ‘‘(I) was declared dependent on a ju9 venile court located in the United States or 

10 has been legally committed to, or placed 

11 under the custody of, a department or 

12 agency of a State, or an individual or enti13 ty appointed by a State or juvenile court 

14 located in the United States; and 

15 ‘‘(II) should not be reunified with his 

16 or her parents due to abuse, neglect, aban17 donment, or a similar basis found under 

18 State law; 

19 ‘‘(ii) for whom it has been determined by 

20 written findings of fact in administrative or ju21 dicial proceedings that it would not be in the 

22 alien’s best interest to be returned to the alien’s 

23 or parent’s previous country of nationality or 

24 country of last habitual residence; and 


jcorcoran on PROD1PC62 with BILLS
43 

•S 844 IS

1 ‘‘(iii) with respect to a child in Federal 

2 custody, for whom the Office of Refugee Reset3 tlement of the Department of Health and 

4 Human Services has certified to the Director of 

5 U.S. Citizenship and Immigration Services that 

6 the classification of an alien as a special immi7 grant under this subparagraph has not been 

8 made solely to provide an immigration benefit 

9 to that alien.’’. 

10 (2) RULE OF CONSTRUCTION.—Nothing in sub11 paragraph (J) of section 101(a)(27) of the Immigra12 tion and Nationality Act, as amended by paragraph 

13 (1), shall be construed to grant, to any natural par14 ent or prior adoptive parent of any alien provided 

15 special immigrant status under such subparagraph, 

16 by virtue of such parentage, any right, privilege, or 

17 status under such Act. 

18 (b) ADJUSTMENT OF STATUS.—Section 245(h)(2)(A) 

19 of the Immigration and Nationality Act (8 U.S.C. 

20 1255(h)(2)(A)) is amended to read as follows: 

21 ‘‘(A) paragraphs (4), (5)(A), (6)(A), 

22 (7)(A), 9(B), and 9(C)(i)(I) of section 212(a) 

23 shall not apply; and’’. 

24 (c) ELIGIBILITY FOR ASSISTANCE.— 


jcorcoran on PROD1PC62 with BILLS
44 

•S 844 IS

1 (1) IN GENERAL.—A child who has been cer2 tified under section 101(a)(27)(J) of the Immigra3 tion and Nationality Act, as amended by subsection 

4 (a)(1), and who was in the custody of the Office at 

5 the time a dependency order was granted for such 

6 child, shall be eligible for placement and services 

7 under section 412(d) of such Act (8 U.S.C. 1522(d)) 

8 until the earlier of— 

9 (A) the date on which the child reaches the 

10 age designated in section 412(d)(2)(B) of such 

11 Act (8 U.S.C. 1522(d)(2)(B)); or 

12 (B) the date on which the child is placed 

13 in a permanent adoptive home. 

14 (2) STATE REIMBURSEMENT.—If foster care 

15 funds are expended on behalf of a child who is not 

16 described in paragraph (1) and has been granted re17 lief under section 101(a)(27)(J) of the Immigration 

18 and Nationality Act, the Federal Government shall 

19 reimburse the State in which the child resides for 

20 such expenditures by the State. 

21 (d) TRANSITION RULE.—Notwithstanding any other 

22 provision of law, a child described in section 101(a)(27)(J) 

23 of the Immigration and Nationality Act, as amended by 

24 subsection (a)(1), may not be denied such special immiVerDate Aug 31 2005 07:24 Mar 13, 2007 Jkt 059200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S844.IS S844

jcorcoran on PROD1PC62 with BILLS
45 

•S 844 IS

1 grant juvenile classification after the date of the enact2 ment of this Act based on age if the child— 

3 (1) filed an application for special immigrant 

4 juvenile classification before the date of the enact5 ment of this Act and was 21 years of age or younger 

6 on the date such application was filed; or 

7 (2) was younger than 21 years of age on the 

8 date on which the child applied for classification as 

9 a special immigrant juvenile and can demonstrate 

10 exceptional circumstances warranting relief. 

11 (e) RULEMAKING.—Not later than 90 days after the 

12 date of the enactment of this Act, the Secretary shall pro13 mulgate rules to carry out this section. 

14 (f) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply to all aliens who were in the United 

16 States before, on, or after the date of enactment of this 

17 Act. 

18 SEC. 302. TRAINING FOR OFFICIALS AND CERTAIN PRIVATE 

19 PARTIES WHO COME INTO CONTACT WITH 

20 UNACCOMPANIED ALIEN CHILDREN. 

21 (a) TRAINING OF STATE AND LOCAL OFFICIALS AND

22 CERTAIN PRIVATE PARTIES.— 

23 (1) IN GENERAL.—The Secretary of Health and 

24 Human Services, acting jointly with the Secretary, 

25 shall provide appropriate training materials, and 


jcorcoran on PROD1PC62 with BILLS
46 

•S 844 IS

1 upon request, direct training, to State and county 

2 officials, child welfare specialists, teachers, public 

3 counsel, and juvenile judges who come into contact 

4 with unaccompanied alien children. 

5 (2) CURRICULUM.—The training required under 

6 paragraph (1) shall include education on the proc7 esses pertaining to unaccompanied alien children 

8 with pending immigration status and on the forms 

9 of relief potentially available. The Director shall es10 tablish a core curriculum that can be incorporated 

11 into education, training, or orientation modules or 

12 formats that are currently used by these profes13 sionals. 

14 (3) VIDEO CONFERENCING.—Direct training re15 quested under paragraph (1) may be conducted 

16 through video conferencing. 

17 (b) TRAINING OF DEPARTMENT PERSONNEL.—The 

18 Secretary, acting jointly with the Secretary of Health and 

19 Human Services, shall provide specialized training to all 

20 personnel of the Department who come into contact with 

21 unaccompanied alien children. Training for agents of the 

22 Border Patrol and immigration inspectors shall include 

23 specific training on identifying— 

24 (1) children at the international borders of the 

25 United States or at United States ports of entry 


jcorcoran on PROD1PC62 with BILLS
47 

•S 844 IS

1 who have been victimized by smugglers or traf2 fickers; and 

3 (2) children for whom asylum or special immi4 grant relief may be appropriate, including children 

5 described in section 101(a)(2)(A). 

6 SEC. 303. REPORT. 

7 Not later than 1 year after the date of the enactment 

8 of this Act, and annually thereafter, the Secretary of 

9 Health and Human Services shall submit a report to the 

10 Committee on the Judiciary of the Senate and the Com11 mittee on the Judiciary of the House of Representatives 

12 that contains, for the most recently concluded fiscal 

13 year— 

14 (1) data related to the implementation of sec15 tion 462 of the Homeland Security Act (6 U.S.C. 

16 279); 

17 (2) data regarding the care and placement of 

18 children under this Act; 

19 (3) data regarding the provision of child advo20 cate and counsel services under this Act; and 

21 (4) any other information that the Director or 

22 the Secretary of Health and Human Services deter23 mines to be appropriate. 


jcorcoran on PROD1PC62 with BILLS
48 

•S 844 IS

1 TITLE IV—CHILDREN REFUGEE 

2 AND ASYLUM SEEKERS 

3 SEC. 401. GUIDELINES FOR CHILDREN’S ASYLUM CLAIMS. 

4 (a) SENSE OF CONGRESS.—Congress— 

5 (1) commends the former Immigration and 

6 Naturalization Service for its ‘‘Guidelines for Chil7 dren’s Asylum Claims’’, issued in December 1998; 

8 (2) encourages and supports the Department to 

9 implement such guidelines to facilitate the handling 

10 of children’s affirmative asylum claims; 

11 (3) commends the Executive Office for Immi12 gration Review of the Department of Justice for its 

13 ‘‘Guidelines for Immigration Court Cases Involving 

14 Unaccompanied Alien Children’’, issued in Sep15 tember 2004; 

16 (4) encourages and supports the continued im17 plementation of such guidelines by the Executive Of18 fice for Immigration Review in its handling of chil19 dren’s asylum claims before immigration judges; and 

20 (5) understands that the guidelines described in 

21 paragraph (3)— 

22 (A) do not specifically address the issue of 

23 asylum claims; and 

24 (B) address the broader issue of unaccom25 panied alien children. 


jcorcoran on PROD1PC62 with BILLS
49 

•S 844 IS

1 (b) TRAINING.— 

2 (1) IMMIGRATION OFFICERS.—The Secretary 

3 shall provide periodic comprehensive training under 

4 the ‘‘Guidelines for Children’s Asylum Claims’’ to 

5 asylum officers and immigration officers who have 

6 contact with children in order to familiarize and sen7 sitize such officers to the needs of children asylum 

8 seekers. 

9 (2) IMMIGRATION JUDGES.—The Director of 

10 the Executive Office for Immigration Review shall— 

11 (A) provide periodic comprehensive train12 ing under the ‘‘Guidelines for Immigration 

13 Court Cases Involving Unaccompanied Alien 

14 Children’’ and the ‘‘Guidelines for Children’s 

15 Asylum Claims’’ to immigration judges and 

16 members of the Board of Immigration Appeals; 

17 and 

18 (B) redistribute the ‘‘Guidelines for Chil19 dren’s Asylum Claims’’ to all immigration 

20 courts as part of its training of immigration 

21 judges. 

22 (3) USE OF VOLUNTARY AGENCIES.—Voluntary 

23 agencies shall be allowed to assist in the training de24 scribed in this subsection. 

25 (c) STATISTICS AND REPORTING.— 


jcorcoran on PROD1PC62 with BILLS
50 

•S 844 IS

1 (1) STATISTICS.— 

2 (A) DEPARTMENT OF JUSTICE.—The At3 torney General shall compile and maintain sta4 tistics on the number of cases in immigration 

5 court involving unaccompanied alien children, 

6 which shall include, with respect to each such 

7 child, information about— 

8 (i) the age; 

9 (ii) the gender; 

10 (iii) the country of nationality; 

11 (iv) representation by counsel; 

12 (v) the relief sought; and 

13 (vi) the outcome of such cases. 

14 (B) DEPARTMENT OF HOMELAND SECU15 RITY.—The Secretary shall compile and main16 tain statistics on the instances of unaccom17 panied alien children in the custody of the De18 partment, which shall include, with respect to 

19 each such child, information about— 

20 (i) the age; 

21 (ii) the gender; 

22 (iii) the country of nationality; and 

23 (iv) the length of detention. 

24 (2) REPORTS TO CONGRESS.—Not later than 

25 90 days after the date of the enactment of this Act 


jcorcoran on PROD1PC62 with BILLS
51 

•S 844 IS

1 and annually, thereafter, the Attorney General, in 

2 consultation with the Secretary, Secretary of Health 

3 and Human Services, and any other necessary gov4 ernment official, shall submit a report to the Com5 mittee on the Judiciary of the Senate and the Com6 mittee on the Judiciary House of Representatives on 

7 the number of alien children in Federal custody dur8 ing the most recently concluded fiscal year. Informa9 tion contained in the report, with respect to such 

10 children, shall be categorized by— 

11 (A) age; 

12 (B) gender; 

13 (C) country of nationality; 

14 (D) length of time in custody; 

15 (E) the department or agency with cus16 tody; and 

17 (F) treatment as an unaccompanied alien 

18 child. 

19 SEC. 402. UNACCOMPANIED REFUGEE CHILDREN. 

20 (a) IDENTIFYING UNACCOMPANIED REFUGEE CHIL21 DREN.—Section 207(e) of the Immigration and Nation22 ality Act (8 U.S.C. 1157(e)) is amended— 

23 (1) by redesignating paragraphs (3), (4), (5), 

24 (6), and (7) as paragraphs (4), (5), (6), (7), and 

25 (8), respectively; and 


jcorcoran on PROD1PC62 with BILLS
52 

•S 844 IS

1 (2) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3) An analysis of the worldwide situation 

4 faced by unaccompanied refugee children, cat5 egorized by region, which shall include an assess6 ment of— 

7 ‘‘(A) the number of unaccompanied refugee 

8 children; 

9 ‘‘(B) the capacity of the Department of 

10 State to identify such refugees; 

11 ‘‘(C) the capacity of the international com12 munity to care for and protect such refugees; 

13 ‘‘(D) the capacity of the voluntary agency 

14 community to resettle such refugees in the 

15 United States; 

16 ‘‘(E) the degree to which the United States 

17 plans to resettle such refugees in the United 

18 States in the following fiscal year; and 

19 ‘‘(F) the fate that will befall such unac20 companied refugee children for whom resettle21 ment in the United States is not possible.’’. 

22 (b) TRAINING ON THE NEEDS OF UNACCOMPANIED

23 REFUGEE CHILDREN.—Section 207(f)(2) of the Immigra24 tion and Nationality Act (8 U.S.C. 1157(f)(2)) is amend25 ed— 


jcorcoran on PROD1PC62 with BILLS
53 

•S 844 IS

1 (1) by striking ‘‘and’’ after ‘‘countries,’’; and 

2 (2) by inserting ‘‘, and instruction on the needs 

3 of unaccompanied refugee children’’ before the pe4 riod at the end. 

5 SEC. 403. EXCEPTIONS FOR UNACCOMPANIED ALIEN CHIL6 DREN IN ASYLUM AND REFUGEE-LIKE CIR7 CUMSTANCES. 

8 (a) PLACEMENT IN REMOVAL PROCEEDINGS.—Any 

9 unaccompanied alien child apprehended by the Depart10 ment, except for an unaccompanied alien child subject to 

11 exceptions under paragraph (1)(A) or (2) of section 

12 (101)(a), shall be placed in removal proceedings under sec13 tion 240 of the Immigration and Nationality Act (8 U.S.C. 

14 1229a). 

15 (b) EXCEPTION FROM TIME LIMIT FOR FILING ASY16 LUM APPLICATION.—Section 208 of the Immigration and 

17 Nationality Act (8 U.S.C. 1158(a)(2)) is amended— 

18 (1) in subsection (a)(2), by adding at the end 

19 the following: 

20 ‘‘(E) APPLICABILITY.—Subparagraphs (A) 

21 and (B) shall not apply to an unaccompanied 

22 alien child.’’; and 

23 (2) in subsection (b)(3), by adding at the end 

24 the following: 


jcorcoran on PROD1PC62 with BILLS
54 

•S 844 IS

1 ‘‘(C) INITIAL JURISDICTION.—United 

2 States Citizenship and Immigration Services 

3 shall have initial jurisdiction over any asylum 

4 application filed by an unaccompanied alien 

5 child.’’. 

6 TITLE V—AMENDMENTS TO THE 

7 HOMELAND SECURITY ACT 

8 OF 2002 

9 SEC. 501. ADDITIONAL RESPONSIBILITIES AND POWERS OF 

10 THE OFFICE OF REFUGEE RESETTLEMENT 

11 WITH RESPECT TO UNACCOMPANIED ALIEN 

12 CHILDREN. 

13 (a) ADDITIONAL RESPONSIBILITIES OF THE DIREC14 TOR.—Section 462(b)(1) of the Homeland Security Act of 

15 2002 (6 U.S.C. 279(b)(1)) is amended— 

16 (1) in subparagraph (K), by striking ‘‘and’’ at 

17 the end; 

18 (2) in subparagraph (L), by striking the period 

19 at the end and inserting ‘‘, including regular follow20 up visits to such facilities, placements, and other en21 tities, to assess the continued suitability of such 

22 placements; and’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(M) ensuring minimum standards of care 

25 for all unaccompanied alien children— 


jcorcoran on PROD1PC62 with BILLS
55 

•S 844 IS

1 ‘‘(i) for whom detention is necessary; 

2 and 

3 ‘‘(ii) who reside in settings that are 

4 alternative to detention.’’. 

5 (b) ADDITIONAL AUTHORITY OF THE DIRECTOR.— 

6 Section 462(b) of the Homeland Security Act of 2002 (6 

7 U.S.C. 279(b)) is amended by adding at the end the fol8 lowing: 

9 ‘‘(4) AUTHORITY.—In carrying out the duties 

10 under paragraph (3), the Director may— 

11 ‘‘(A) contract with service providers to per12 form the services described in sections 102, 

13 103, 201, and 202 of the Unaccompanied Alien 

14 Child Protection Act of 2007; and 

15 ‘‘(B) compel compliance with the terms 

16 and conditions set forth in section 103 of such 

17 Act, by— 

18 ‘‘(i) declaring providers to be in 

19 breach and seek damages for noncompli20 ance; 

21 ‘‘(ii) terminating the contracts of pro22 viders that are not in compliance with such 

23 conditions; or 


jcorcoran on PROD1PC62 with BILLS
56 

•S 844 IS

1 ‘‘(iii) reassigning any unaccompanied 

2 alien child to a similar facility that is in 

3 compliance with such section.’’. 

4 SEC. 502. TECHNICAL CORRECTIONS. 

5 Section 462(b) of the Homeland Security Act of 2002 

6 (6 U.S.C. 279(b)), as amended by section 501, is further 

7 amended— 

8 (1) in paragraph (3), by striking ‘‘paragraph 

9 (1)(G)’’ and inserting ‘‘paragraph (1)’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in 

12 paragraph (2)(B) may be construed to require that 

13 a bond be posted for unaccompanied alien children 

14 who are released to a qualified sponsor.’’. 

15 SEC. 503. EFFECTIVE DATE. 

16 The amendments made by this title shall take effect 

17 as if included in the Homeland Security Act of 2002 (6 

18 U.S.C. 101 et seq.). 

19 TITLE VI—AUTHORIZATION OF 

20 APPROPRIATIONS 

21 SEC. 601. AUTHORIZATION OF APPROPRIATIONS. 

22 (a) IN GENERAL.—There are authorized to be appro23 priated to the Department, the Department of Justice, 

24 and the Department of Health and Human Services, such 

25 sums as may be necessary to carry out— 


jcorcoran on PROD1PC62 with BILLS
57 

•S 844 IS

1 (1) the provisions of section 462 of the Home2 land Security Act of 2002 (6 U.S.C. 279); and 

3 (2) the provisions of this Act. 

4 (b) AVAILABILITY OF FUNDS.—Amounts appro5 priated pursuant to subsection (a) shall remain available 

6 until expended. 

Æ 


jcorcoran on PROD1PC62 with BILLS