II

107TH CONGRESS

1ST SESSION S. 121

To establish an Office of Children’s Services within the Department of Justice

to coordinate and implement Government actions involving unaccompanied alien children, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 22, 2001

Ms. FEINSTEIN (for herself and Mr. GRAHAM) introduced the following bill;

which was read twice and referred to the Committee on the Judiciary

A BILL

To establish an Office of Children’s Services within the Department of Justice to coordinate and implement Government actions involving 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; REFERENCES IN ACT; TABLE OF

4 CONTENTS.

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

6 ‘‘Unaccompanied Alien Child Protection Act of 2001’’.

7 (b) REFERENCES IN ACT.—Except as specifically

8 provided in this Act, whenever in this Act an amendment
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1 or repeal is expressed as an amendment to or repeal of

2 a provision, the reference shall be deemed to be made to

3 the Immigration and Nationality Act (8 U.S.C. 1101 et

4 seq.).

5 (c) TABLE OF CONTENTS.—The table of contents of

6 this Act is as follows:

Sec. 1. Short title; references in Act; table of contents.

Sec. 2. Purposes.

Sec. 3. Definitions.

TITLE I—STRUCTURAL CHANGES

Sec. 101. Establishment of the Office of Children’s Services.

Sec. 102. Establishment of Interagency Task Force on Unaccompanied Alien

Children.

Sec. 103. Effective date.

TITLE II—PAROLE, CUSTODY, RELEASE, FAMILY REUNIFICATION,

AND DETENTION

Sec. 201. Parole and custody of unaccompanied alien children.

Sec. 202. Family reunification for unaccompanied alien children with relatives

in the United States.

Sec. 203. Appropriate conditions for detention of unaccompanied alien children.

Sec. 204. Repatriated unaccompanied alien children.

Sec. 205. Establishing the age of an unaccompanied alien child.

Sec. 206. Effective date.

TITLE III—ACCESS BY UNACCOMPANIED ALIEN CHILDREN TO

GUARDIANS AD LITEM AND COUNSEL

Sec. 301. Right of unaccompanied children to guardians ad litem.

Sec. 302. Right of unaccompanied children to counsel.

Sec. 303. Effective date.

TITLE IV—STRENGTHENING POLICIES FOR PERMANENT

PROTECTION OF ALIEN CHILDREN

Sec. 401. Special immigrant juvenile visa.

Sec. 402. Training for officials who come into contact with alien children.

Sec. 403. Child status protection.

Sec. 404. Effective dates.

TITLE V—CHILDREN REFUGEE AND ASYLUM SEEKERS

Sec. 501. Guidelines for Children’s Asylum Claims.

Sec. 502. Exceptions for unaccompanied alien children in asylum and refugeelike circumstances.

Sec. 503. Unaccompanied refugee children.

TITLE VI—REPORTS TO CONGRESS
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Sec. 601. General Accounting Office report.

TITLE VII—AUTHORIZATION OF APPROPRIATIONS

Sec. 701. Authorization of appropriations.

1 SEC. 2. PURPOSES.

2 The purposes of this Act are to—

3 (1) recognize the special needs and cir4 cumstances unaccompanied alien children encounter

5 when navigating the immigration system of the

6 United States;

7 (2) establish new governmental structures to

8 ensure that the United States Government meets the

9 special needs of unaccompanied alien children;

10 (3) ensure that United States Government au11 thorities hold the best interests of the child para12 mount when making decisions regarding an unac13 companied alien child;

14 (4) establish Government policy in favor of fam15 ily reunification whenever possible and, when family

16 reunification is not possible, placement of unaccom17 panied alien children in foster care with qualified,

18 adult guardians or with voluntary agencies, rather

19 than placing such children in detention;

20 (5) provide minimum standards for custody of

21 unaccompanied alien children;

22 (6) ensure that unaccompanied alien children in

23 immigration proceedings have appointed counsel and
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1 guardians ad litem, and that such counsel and

2 guardians ad litem have access to the child;

3 (7) ensure that children awaiting adjudication

4 of their immigration status not ‘‘age-out’’ while

5 awaiting processing by the Service of their petitions

6 and applications; and

7 (8) strengthen opportunities for permanent pro8 tection of such children for whom such protection is

9 warranted.

10 SEC. 3. DEFINITIONS.

11 (a) IN GENERAL.—In this Act:

12 (1) DIRECTOR.—The term ‘‘Director’’ means

13 the Director of the Office.

14 (2) OFFICE.—The term ‘‘Office’’ means the Of15 fice of Children’s Services established by section

16 101.

17 (3) SERVICE.—The term ‘‘Service’’ means the

18 Immigration and Naturalization Service.

19 (4) UNACCOMPANIED ALIEN CHILD.—The term

20 ‘‘unaccompanied alien child’’ means a child who—

21 (A) has no lawful immigration status in

22 the United States;

23 (B) has not attained the age of 18; and

24 (C) with respect to whom—
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1 (i) there is no parent or legal guard2 ian in the United States; or

3 (ii) no parent or legal guardian in the

4 United States is available to provide care

5 and physical custody.

6 (5) VOLUNTARY AGENCY.—The term ‘‘vol7 untary agency’’ means a private, nonprofit voluntary

8 agency with expertise in meeting the legal, cultural,

9 and psychological needs of unaccompanied alien chil10 dren.

11 (b) AMENDMENTS TO THE IMMIGRATION AND NA12 TIONALITY ACT.—Section 101(a) (8 U.S.C. 1101(a)) is

13 amended by adding at the end the following new para14 graphs:

15 ‘‘(50) The term ‘unaccompanied alien child’ means

16 a child who—

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

18 United States;

19 ‘‘(B) has not attained the age of 18; and

20 ‘‘(C) with respect to whom—

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

22 the United States; or

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

24 United States is able to provide care and phys25 ical custody.
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1 ‘‘(51) The term ‘unaccompanied refugee children’

2 means persons described in paragraph (42) who—

3 ‘‘(A) have not attained the age of 18; and

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

5 or legal guardians available to provide care and

6 physical custody.’’.

7 TITLE I—STRUCTURAL CHANGES

8 SEC. 101. ESTABLISHMENT OF THE OFFICE OF CHILDREN’S

9 SERVICES.

10 (a) ESTABLISHMENT.—

11 (1) IN GENERAL.—There is established within

12 the Department of Justice the Office of Children’s

13 Services. The Office shall not be an office within the

14 Immigration and Naturalization Service.

15 (2) COMPONENTS.—The Office shall include

16 such other components, staff, and resources as the

17 Attorney General may determine necessary to carry

18 out the purposes of this Act.

19 (b) RESPONSIBILITIES OF OFFICE.—Under the gen20 eral authority of the Attorney General, the Office shall be

21 responsible for coordinating and implementing law and

22 policy for unaccompanied alien children who come into the

23 custody of the Department of Justice.

24 (c) DIRECTOR OF THE OFFICE OF CHILDREN’S

25 SERVICES.—
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1 (1) IN GENERAL.—The Office shall be headed

2 by a Director of Children’s Services, who shall be

3 appointed by and report directly to the Attorney

4 General.

5 (2) COMPENSATION AT LEVEL IV OF EXECU6 TIVE SCHEDULE.—Section 5315 of title 5, United

7 States Code, is amended by adding at the end the

8 following:

9 ‘‘Director of the Office of Children’s Services, De10 partment of Justice.’’.

11 (3) DUTIES.—The Director shall be responsible

12 for—

13 (A) ensuring that the best interests of the

14 child are held paramount in any immigration

15 proceeding or action involving an unaccom16 panied alien child;

17 (B) making custody, release, and detention

18 determinations for all unaccompanied alien chil19 dren apprehended by the Attorney General or

20 who otherwise come into the custody of the De21 partment of Justice (in consultation with juve22 nile justice professionals, where appropriate);

23 (C) implementing the custody, release, and

24 detention determinations made by the Office;
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1 (D) implementing, in consultation with the

2 voluntary agencies, policies with respect to the

3 care and detention of unaccompanied alien chil4 dren;

5 (E) chairing the Interagency Task Force

6 on Unaccompanied Alien Children established

7 in section 103;

8 (F) identifying a sufficient number of

9 qualified persons, entities, and facilities to

10 house unaccompanied alien children in accord11 ance with sections 202 and 203;

12 (G) overseeing the persons, entities, and

13 facilities described in sections 202 and 203 to

14 ensure their compliance with such provisions;

15 (H) compiling, updating, and publishing on

16 a quarterly basis a State-by-State list of profes17 sionals or other entities qualified to contract

18 with the Office to provide the services described

19 in sections 301 and 302;

20 (I) maintaining statistical information and

21 other data on unaccompanied alien children in

22 the Office’s custody and care, and reporting

23 quarterly to the Judiciary Committees of the

24 House of Representatives and Senate on such
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1 data, including with respect to each unaccom2 panied alien child—

3 (i) biographical information such as

4 the child’s name, gender, date of birth,

5 country of birth, and country of habitual

6 residence;

7 (ii) the date on which the child came

8 into the custody of the Department of Jus9 tice;

10 (iii) information relating to the child’s

11 placement, removal, or release from each

12 facility in which the child has resided;

13 (iv) in any case in which the child is

14 placed in detention, an explanation relating

15 to the detention; and

16 (v) information relating to the disposi17 tion of any actions in which the child is the

18 subject;

19 (J) collecting and compiling statistical in20 formation from the Service, including Border

21 Patrol and inspections officers, on the unaccom22 panied alien children with whom they come into

23 contact; and
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1 (K) conducting investigations and inspec2 tions of facilities and other entities in which un3 accompanied alien children reside.

4 (4) DUTIES WITH RESPECT TO FOSTER CARE.—

5 In carrying out the duties described in paragraph

6 (3)(F), the Director shall assess the extent to which

7 the refugee children foster care system utilized pur8 suant to section 412(d)(2) of the Immigration and

9 Nationality Act can feasibly be expanded for the

10 placement of unaccompanied alien children.

11 (5) POWERS.—In carrying out the duties speci12 fied in paragraph (3), the Director shall have the

13 power to—

14 (A) contract with service providers to per15 form the services described in sections 202,

16 203, 301, and 302; and

17 (B) compel compliance with the terms and

18 conditions set forth in section 203, including

19 the power to terminate the contracts of pro20 viders that are not in compliance with such con21 ditions and reassign any unaccompanied alien

22 child to a similar facility that is in compliance

23 with such section.

24 (d) NO EFFECT ON INS, EOIR, AND DEPARTMENT

25 OF STATE ADJUDICATORY RESPONSIBILITIES.—Nothing
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1 in this Act may be construed to transfer the responsibility

2 for adjudicating benefit determinations under the Immi3 gration and Nationality Act from the authority of any offi4 cial of the Service, the Executive Office of Immigration

5 Review of the Department of Justice, or the Department

6 of State.

7 SEC. 102. ESTABLISHMENT OF INTERAGENCY TASK FORCE

8 ON UNACCOMPANIED ALIEN CHILDREN.

9 (a) ESTABLISHMENT.—There is established an Inter10 agency Task Force on Unaccompanied Alien Children.

11 (b) COMPOSITION.—The Task Force shall consist of

12 the following members:

13 (1) The Deputy Attorney General.

14 (2) The Commissioner of Immigration and Nat15 uralization.

16 (3) The Assistant Secretary of State for Popu17 lation, Refugees, and Migration.

18 (4) The Director of the Office of Refugee Re19 settlement of the Department of Health and Human

20 Services.

21 (5) The Director.

22 (6) Such other officials in the executive branch

23 of Government as may be designated by the Presi24 dent.
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1 (c) CHAIRMAN.—The Task Force shall be chaired by

2 the Deputy Attorney General.

3 (d) ACTIVITIES OF THE TASK FORCE.—In consulta4 tion with nongovernmental organizations, the Task Force

5 shall—

6 (1) coordinate the implementation of this Act;

7 (2) measure and evaluate the progress of the

8 United States in treating unaccompanied alien chil9 dren in United States custody; and

10 (3) expand interagency procedures to collect

11 and organize data, including significant research and

12 resource information on the needs and treatment of

13 unaccompanied alien children in the custody of the

14 United States Government.

15 SEC. 103. EFFECTIVE DATE.

16 This title shall take effect 180 days after the date

17 of enactment of this Act.

18 TITLE II—PAROLE, CUSTODY,

19 RELEASE, FAMILY REUNIFI20 CATION, AND DETENTION

21 SEC. 201. PAROLE AND CUSTODY OF UNACCOMPANIED

22 ALIEN CHILDREN.

23 (a) PAROLE OF UNACCOMPANIED ALIEN CHIL24 DREN.—Notwithstanding section 241(a)(5) of the Immi25 gration and Nationality Act, an unaccompanied alien child
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1 found in the United States shall, in accordance with sec2 tions 202 and 203 of this Act, be promptly paroled into

3 the United States for urgent humanitarian reasons under

4 section 212(d)(5) of the Immigration and Nationality Act.

5 (b) CUSTODY OF UNACCOMPANIED ALIEN CHIL6 DREN.—

7 (1) ESTABLISHMENT OF JURISDICTION.—The

8 custody of all unaccompanied alien children, includ9 ing responsibility for their detention, where appro10 priate, shall be under the jurisdiction of the Office.

11 (2) NOTIFICATION.—Upon apprehension of an

12 unaccompanied alien child, the Attorney General

13 shall promptly notify the Office.

14 (3) PHYSICAL TRANSFER OF UNACCOMPANIED

15 ALIEN CHILDREN.—Not later than 72 hours after

16 apprehension of an unaccompanied alien child, the

17 physical custody of such child shall be transferred to

18 the Office.

19 SEC. 202. FAMILY REUNIFICATION FOR UNACCOMPANIED

20 ALIEN CHILDREN WITH RELATIVES IN THE

21 UNITED STATES.

22 (a) PLACEMENT AUTHORITY.—

23 (1) ORDER OF PREFERENCE.—Subject to At24 torney General’s discretion under paragraph 4 and

25 § 203(a)(2), an unaccompanied alien child paroled
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1 into the United States under section 201(a) shall be

2 promptly placed with one of the following individuals

3 in the following order of preference:

4 (A) A parent.

5 (B) A legal guardian.

6 (C) An adult relative.

7 (D) An entity designated by the parent or

8 legal guardian that is capable and willing to

9 care for the child’s well-being.

10 (E) A State-licensed juvenile shelter, group

11 home, or foster home willing to accept legal cus12 tody of the child.

13 (F) An adult or entity seeking custody of

14 the child when it appears that there is no other

15 likely alternative to long-term detention and

16 family reunification does not appear to be a

17 reasonable alternative.

18 (2) HOME STUDY.—Notwithstanding the provi19 sions of paragraph (1), no unaccompanied alien child

20 shall be placed with a person or entity unless a valid

21 home-study conducted by an agency of the State of

22 the child’s proposed residence, by an agency author23 ized by that State to conduct such a study, or by an

24 appropriate voluntary agency contracted with the

25 Office to conduct such studies has found that the
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1 person or entity is capable of providing for the

2 child’s physical and mental well-being.

3 (3) RIGHT OF PARENT OR LEGAL GUARDIAN TO

4 CUSTODY OF UNACCOMPANIED ALIEN CHILD.—If an

5 unaccompanied alien child is placed with any person

6 or entity other than a parent or legal guardian, but

7 subsequent to that placement a parent or legal

8 guardian seeks to establish custody, the Director

9 shall assess the suitability of placing the child with

10 the parent or legal guardian and shall make a writ11 ten determination on the child’s placement within 30

12 days.

13 (4) PROTECTION FROM SMUGGLERS.—The Di14 rector shall take steps to ensure that unaccompanied

15 alien children are protected from smugglers or oth16 ers seeking to victimize or otherwise engage such

17 children in criminal, harmful, or exploitative activity.

18 (5) GRANTS AND CONTRACTS.—The Director is

19 authorized to make grants to, and enter into con20 tracts with, voluntary agencies to carry out the pro21 visions of this section.

22 (6) REIMBURSEMENT OF STATE EXPENSES.—

23 The Director is authorized to reimburse States for

24 any expenses they incur in providing assistance to
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1 unaccompanied alien children who are served pursu2 ant to this Act.

3 (b) CONFIDENTIALITY.—All information relating to

4 the immigration status of a person listed in subsection (a)

5 shall remain confidential and may be used only for the

6 purposes of determining such person’s qualifications under

7 subsection (a)(1).

8 SEC. 203. APPROPRIATE CONDITIONS FOR DETENTION OF

9 UNACCOMPANIED ALIEN CHILDREN.

10 (a) STANDARDS FOR PLACEMENT.—

11 (1) Except as provided in paragraph (2), an un12 accompanied alien child shall not be placed in an

13 adult detention facility or a facility housing delin14 quent children.

15 (2) An unaccompanied alien child who has ex16 hibited a pattern of violent or serious criminal be17 havior that endangers himself or others may be de18 tained in conditions appropriate to the behavior in a

19 facility appropriate for delinquent children.

20 (3) In the case of a placement of a child with

21 an entity described in section 202(a)(1)(e), the enti22 ty must be licensed by an appropriate State agency

23 to provide residential, group, child welfare, or foster

24 care services for dependent children.
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1 (4) The conditions of such placements must be

2 in keeping with the bests interests of the child. At

3 a minimum, the Director shall develop standards for

4 conditions of detention in such placements that pro5 vide for—

6 (A) educational services appropriate to the

7 child;

8 (B) medical care;

9 (C) mental health care, including treat10 ment of trauma;

11 (D) access to telephones;

12 (E) access to legal services;

13 (F) access to interpreters;

14 (G) supervision by professionals trained in

15 the care of children, taking into account the

16 special cultural, linguistic, and experiential

17 needs of children in immigration proceedings;

18 (H) recreational programs and activities;

19 (I) spiritual and religious needs; and

20 (J) dietary needs.

21 (b) PROHIBITION OF CERTAIN PRACTICES.—The Di22 rector shall develop procedures prohibiting the unreason23 able use of—

24 (1) shackling, handcuffing, or other restraints

25 on children;
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1 (2) solitary confinement; or

2 (3) pat or strip searches.

3 (c) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be construed to supersede procedures favoring

5 release of children to appropriate adults or entities or

6 placement in the least secure setting possible, as defined

7 in the August 12, 1996, Stipulated Settlement Agreement

8 under Flores v. Reno. The Director shall ensure that such

9 practices are in accordance with this section to ensure that

10 children are promptly placed with appropriate parties or

11 placed in appropriate shelter or foster care in keeping with

12 the best interests of the child.

13 SEC. 204. REPATRIATED UNACCOMPANIED ALIEN CHIL14 DREN.

15 (a) ASSESSMENT BEFORE REPATRIATION.—No un16 accompanied alien child may be repatriated to a country

17 unless an appropriate voluntary agency has conducted an

18 assessment of the country conditions and the Office has

19 conducted an assessment of the suitability of the place20 ment of the child to ensure that the child can be repatri21 ated in a manner deemed appropriate for the child’s well

22 being.

23 (b) REPORT ON THE FATE OF REPATRIATED UNAC24 COMPANIED CHILDREN.—Beginning not later than 18

25 months after the date of enactment of this Act, and annu-
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1 ally thereafter, the Director shall submit a report to the

2 Judiciary Committees of the House of Representatives and

3 Senate on the treatment of unaccompanied alien children

4 ordered removed from the United States under section

5 240 of the Immigration and Nationality Act. Such report

6 shall include at a minimum the following information:

7 (1) The number of alien children ordered re8 moved and the number of alien children actually re9 moved from the United States;

10 (2) The type of immigration relief sought and

11 denied to such alien children.

12 (3) The nationalities, ages, and gender of such

13 alien children.

14 (4) The procedures used to effect the removal

15 of alien children from the United States.

16 (5) Steps taken to ensure that alien children re17 moved to their countries of origin are returned safe18 ly and humanely.

19 SEC. 205. ESTABLISHING THE AGE OF AN UNACCOMPANIED

20 ALIEN CHILD.

21 The Director shall develop procedures that permit the

22 presentation and consideration of a variety of forms of evi23 dence, including testimony of a child and other persons,

24 to determine an unaccompanied alien child’s age for pur25 poses of placement, custody, parole, and detention. Such
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1 procedures shall allow the appeal of a determination to

2 an immigration judge. Dental radiographs shall not be the

3 sole means of determining age.

4 SEC. 206. EFFECTIVE DATE.

5 This title shall become effective 180 days after the

6 date of enactment of this Act. The provisions of this title

7 shall apply to all unaccompanied children in the custody

8 of the Department of Justice on or after the date of enact9 ment of this Act.

10 TITLE III—ACCESS BY UNAC11 COMPANIED ALIEN CHIL12 DREN TO GUARDIANS AD

13 LITEM AND COUNSEL

14 SEC. 301. RIGHT OF UNACCOMPANIED ALIEN CHILDREN TO

15 GUARDIANS AD LITEM.

16 (a) GUARDIAN AD LITEM.—

17 (1) APPOINTMENT.—The Director shall appoint

18 a guardian ad litem who meets the qualifications de19 scribed in paragraph (2) for each unaccompanied

20 alien child not later than 72 hours after the Office

21 assumes physical or constructive custody of such

22 child. The Director is encouraged, wherever prac23 ticable, to contract with a voluntary agency for the

24 selection of an individual to be appointed as a

25 guardian ad litem under this paragraph.
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1 (2) QUALIFICATIONS OF GUARDIAN AD

2 LITEM.—

3 (A) No person shall serve as a guardian ad

4 litem who is not—

5 (i) a child welfare professional or

6 other individual who has received training

7 in child welfare matters; and

8 (ii) possessing of special training on

9 the nature of problems encountered by un10 accompanied alien children.

11 (B) A guardian ad litem shall not be an

12 employee of the Service.

13 (3) DUTIES.—The guardian ad litem shall—

14 (A) conduct interviews with the child in a

15 manner that is appropriate, taking into account

16 the child’s age;

17 (B) investigate the facts and circumstances

18 relevant to such child’s presence in the United

19 States, including facts and circumstances aris20 ing in the country of the child’s nationality or

21 last habitual residence and facts and cir22 cumstances arising subsequent to the child’s de23 parture from such country;

24 (C) develop recommendations on whether it

25 is in the child’s best interests to voluntarily de-
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1 part from the United States or apply for relief

2 from removal;

3 (D) develop recommendations on issues

4 relative to the child’s custody, detention, and

5 release;

6 (E) ensure that the child’s best interests

7 are promoted while the child participates in, or

8 is subject to, proceedings or actions under the

9 Immigration and Nationality Act;

10 (F) ensure that the child understands such

11 determinations and proceedings; and

12 (G) report findings and recommendations

13 to the Director and to the Executive Office of

14 Immigration Review.

15 (4) TERMINATION OF APPOINTMENT.—The

16 guardian ad litem shall carry out the duties de17 scribed in paragraph (3) until—

18 (A) they are completed,

19 (B) the child departs the United States,

20 (C) the child is granted permanent resi21 dent status in the United States,

22 (D) the child attains the age of 18, or

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

24 parent or legal guardian,

25 whichever occurs first.
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1 (5) POWERS.—The guardian ad litem—

2 (A) shall have reasonable access to the

3 child at all times, including while such child is

4 being held in detention or in the care of a foster

5 family;

6 (B) shall be permitted to review all records

7 and information relating to such proceedings

8 that are not deemed privileged or classified;

9 (C) may seek independent evaluations of

10 the child;

11 (D) shall be present at all hearings involv12 ing the child that are held in connection with

13 proceedings under the Immigration and Nation14 ality Act; and

15 (E) shall be permitted to consult with the

16 child during any hearing or interview involving

17 such child.

18 (b) TRAINING.—The Director shall provide profes19 sional training for all persons serving as guardians ad

20 litem under this section in the circumstances and condi21 tions that unaccompanied alien children face as well as

22 in the various immigration benefits for which such a child

23 might be eligible.
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1 SEC. 302. RIGHT OF UNACCOMPANIED ALIEN CHILDREN TO

2 COUNSEL.

3 (a) ACCESS TO COUNSEL.—The Director shall ensure

4 that all unaccompanied alien children shall have counsel,

5 including, if necessary, counsel appointed by the Director

6 at the expense of the Government.

7 (b) APPOINTMENT.—In appointing such counsel, the

8 Director is encouraged, wherever practicable, to contract

9 with legal service providers with expertise in meeting the

10 legal needs of unaccompanied alien children in immigra11 tion proceedings.

12 (c) DUTIES.—Counsel shall represent the unaccom13 panied alien child in all proceedings and actions relating

14 to the child’s immigration status or other actions involving

15 the Service.

16 (d) ACCESS TO CHILD.—Counsel shall have access to

17 the unaccompanied alien child, including while the child

18 is being held in detention or in the care of a foster family.

19 (e) TERMINATION OF APPOINTMENT.—Counsel shall

20 carry out the duties described in subsection (c) until—

21 (1) they are completed,

22 (2) the child departs the United States,

23 (3) the child is granted withholding of removal

24 under section 241(b)(3) of the Immigration and Na25 tionality Act,
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1 (4) the child is granted protection under the

2 Convention Against Torture,

3 (5) the child is granted asylum in the United

4 States under section 208 of the Immigration and

5 Nationality Act,

6 (6) the child is granted permanent resident sta7 tus in the United States, or

8 (7) the child attains 18 years of age,

9 whichever occurs first.

10 (f) NOTICE TO COUNSEL DURING IMMIGRATION PRO11 CEEDINGS.—

12 (1) Except when otherwise required in an emer13 gency situation involving the physical safety of the

14 child, counsel shall be given prompt and adequate

15 notice of all immigration matters affecting or involv16 ing an unaccompanied alien child, including adju17 dications, proceedings, and processing, before such

18 actions are taken.

19 (2) An unaccompanied alien child may not give

20 consent to any immigration action, including con21 senting to voluntary departure, unless first afforded

22 an opportunity to consult with counsel.

23 (g) ACCESS TO RECOMMENDATIONS OF GUARDIAN

24 AD LITEM.—Counsel shall be afforded an opportunity to

25 review the recommendation by the guardian ad litem af-
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1 fecting or involving a client who is an unaccompanied alien

2 child.

3 SEC. 303. EFFECTIVE DATE.

4 This title shall become effective 180 days after the

5 date of enactment of this Act. The provisions of this title

6 shall apply to all unaccompanied children in the custody

7 of the Department of Justice on, before, or after the date

8 of enactment of this Act.

9 TITLE IV—STRENGTHENING

10 POLICIES FOR PERMANENT

11 PROTECTION OF ALIEN CHIL12 DREN

13 SEC. 401. SPECIAL IMMIGRANT JUVENILE VISA.

14 (a) J VISA.—Section 101(a)(27)(J) (8 U.S.C.

15 1101(a)(27)(J)) is amended to read as follows:

16 ‘‘(J) an immigrant who is present in the United

17 States—

18 ‘‘(i) who has been declared dependent on a

19 juvenile court located in the United States or

20 whom such a court has legally committed to, or

21 placed under the custody of, a department or

22 agency of a State, or an individual or entity ap23 pointed by a State, and who has been deemed

24 eligible by that court for long-term foster care
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1 due to abuse, neglect, or abandonment, or a

2 similar basis found under State law;

3 ‘‘(ii) for whom it has been determined in

4 administrative or judicial proceedings that it

5 would not be in the alien’s best interest to be

6 returned to the alien’s or parent’s previous

7 country of nationality or country of last habit8 ual residence; and

9 ‘‘(iii) for whom the Office of Children’s

10 Services of the Department of Justice has cer11 tified to the Commissioner that the classifica12 tion of an alien as a special immigrant under

13 this subparagraph has not been made solely to

14 provide an immigration benefit to that alien;

15 except that no natural parent or prior adoptive par16 ent of any alien provided special immigrant status

17 under this subparagraph shall thereafter, by virtue

18 of such parentage, be accorded any right, privilege,

19 or status under this Act;’’.

20 (b) ADJUSTMENT OF STATUS.—Section 245(h)(2) (8

21 U.S.C. 1255(h)(2)) is amended—

22 (1) by amending subparagraph (A) to read as

23 follows:

24 ‘‘(A) paragraphs (1), (4), (5), (6), and

25 (7)(A) of section 212(a) shall not apply,’’;
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1 (2) in subparagraph (B), by striking the period

2 and inserting ‘‘, and’’; and

3 (3) by adding at the end the following new sub4 paragraph:

5 ‘‘(C) the Attorney General may waive

6 paragraphs (2)(A) and (2)(B) in the case of an

7 offense which arose as a consequence of the

8 child being unaccompanied.’’.

9 (c) TRANSITION RULE.—

10 (1) IN GENERAL.—An alien described in para11 graph (2) who files an application under section

12 101(a)(27)(J), as amended by subsection (a), before

13 the end of the period described in paragraph (3)

14 shall not be denied such visa solely on the basis of

15 the alien’s age and state of emancipation at the time

16 of final adjudication of the application.

17 (2) CRITERIA FOR TRANSITIONAL ELIGI18 BILITY.—Paragraph (1) shall apply to an alien who,

19 on or after November 29, 1990, was under the juris20 diction of State-licensed foster care and who—

21 (A) was a dependent of a juvenile court or

22 other court of competent jurisdiction on or after

23 such date;
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1 (B) was emancipated from such State fos2 ter care system on or before the date of enact3 ment of this Act; and

4 (C) with respect to whom no application

5 for a visa under section 101(a)(27)(J) of the

6 Immigration and Nationality Act was filed prior

7 to the date of enactment of this Act.

8 (3) PERIOD OF APPLICABILITY.—No alien may

9 apply for relief under this section later than three

10 years after the effective date of this title or two

11 years after the promulgation of any regulation im12 plementing this title, whichever is later.

13 SEC. 402. TRAINING FOR OFFICIALS WHO COME INTO CON14 TACT WITH UNACCOMPANIED ALIEN CHIL15 DREN.

16 The Attorney General, acting jointly with the Sec17 retary of Health and Human Services, shall provide train18 ing for State and county officials, such training to be

19 available to child welfare specialists, teachers, public coun20 sel, juvenile counsel, and juvenile judges who come into

21 contact with unaccompanied alien children. The training

22 shall provide education on the processes pertaining to un23 accompanied alien children with pending immigration sta24 tus and the available relief. The Director shall be respon25 sible for establishing a core curriculum that can be incor-
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1 porated into currently existing education, training, or ori2 entation modules or formats that are currently used by

3 these professionals.

4 SEC. 403. CHILD STATUS PROTECTION.

5 (a) IMMIGRANT VISA ISSUANCE FOR CHILDREN WHO

6 AGE-OUT WHILE AWAITING PROCESSING OF IMMEDIATE

7 RELATIVE PETITIONS.—Section 201(b)(2)(A) (8 U.S.C.

8 1151(b)(2)(A)) is amended by adding at the end the fol9 lowing:

10 ‘‘(iii) In the case of an alien who is an unmar11 ried child of a citizen of the United States on, be12 fore, or after the date of enactment of this clause

13 and who attains the age of 21 after the date on

14 which a petition is filed with the Attorney General

15 under section 204 to classify the alien as an imme16 diate relative under this clause, such alien shall, for

17 the purposes of this subsection, retain the legal sta18 tus of child as defined in section 101(b)(2) of this

19 Act, for the purposes of entitlement to obtaining an

20 immigrant visa.

21 ‘‘(iv) In the case of an alien who was a child

22 of a parent lawfully admitted for permanent resi23 dence on the date on which a petition was filed with

24 the Attorney General under section 204 to classify

25 the alien as an immigrant under subsection
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1 203(a)(2)(A) and whose parent subsequently became

2 a naturalized citizen of the United States, such alien

3 shall, for the purposes of this subsection, retain the

4 legal status of child as defined in section 101(b)(2)

5 of this Act, for the purposes of entitlement to ob6 taining an immigrant visa, if the alien remains un7 married.

8 ‘‘(v) In the case of an alien who was the mar9 ried son or daughter of a United States citizen on

10 the date on which a petition was filed with the At11 torney General under section 204 to classify the

12 alien as an immigrant under subsection 203(a)(3),

13 who subsequently becomes unmarried, and who was

14 under 21 years of age on the date of the legal termi15 nation of the alien’s marriage, such alien shall retain

16 the legal status of child as defined in section

17 101(b)(2) of this Act, for the purposes of entitle18 ment to obtaining an immigrant visa, if the alien re19 mains unmarried.’’.

20 (c) IMMIGRANT VISA ISSUANCE FOR CHILDREN WHO

21 AGE-OUT WHILE AWAITING PROCESSING OF SECOND

22 PREFERENCE PETITIONS.—Section 203(a)(2) (8 U.S.C.

23 1153(a)(2)) is amended by adding at the end the following

24 new subparagraph:
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1 ‘‘(C) A child of an alien lawfully admitted

2 for permanent residence for whom a family3 sponsored immigrant petition has been ap4 proved by the Attorney General and who has

5 filed an application for an immigrant visa or

6 adjustment of status, pursuant to such regula7 tions as the Attorney General may prescribe be8 fore attaining the age of 21, may retain the

9 legal status of a child, as defined in section

10 101(b)(1) of this Act, for purposes of allocation

11 of visas, even if he or she attains the age of 21

12 prior to obtaining an immigrant visa or adjust13 ment of status, if the alien remains unmar14 ried.’’.

15 (d) IMMIGRANT VISA ISSUANCE FOR CHILDREN WHO

16 AGE-OUT WHILE AWAITING PROCESSING OF OTHER

17 FAMILY-BASED PREFERENCE, EMPLOYMENT, AND DI18 VERSITY PETITIONS.—Section 203(d) (8 U.S.C. 1153(d))

19 is amended to read as follows:

20 ‘‘(d) TREATMENT OF FAMILY MEMBERS.—

21 ‘‘(1) A spouse or child as defined in subpara22 graph (A), (B), (C), (D), or (E) of section 101(b)(1)

23 shall, if not otherwise entitled to immigrant status

24 and the immediate issuance of a visa under sub25 section (a), (b), or (c), be entitled to the same sta-
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1 tus, and the same order of consideration provided in

2 the respective subsection, if accompanying or fol3 lowing to join, the spouse or parent.

4 ‘‘(2) A child who is accompanying or following

5 to join his or her parent under this section may re6 tain the legal status of child as defined in section

7 101(b)(2) of this Act, for purposes of entitlement to

8 the same immigrant status of his or her parent, even

9 if he or she attains the age of 21 prior to obtaining

10 an immigrant visa or adjustment of status if—

11 ‘‘(A) the child remains unmarried; and,

12 ‘‘(B) the immigrant visa application filed

13 on behalf of the child is filed prior to the child’s

14 21st birthday.’’.

15 (e)(1) Notwithstanding any other provision of law, an

16 alien child who is accompanying or following to join his

17 or her parent under any of the provisions of law specified

18 in paragraph (2) may retain the legal status of child, as

19 defined in section 101(b)(2) of the Immigration and Na20 tionality Act, for purposes of entitlement to the same sta21 tus of his or her parent, even if he or she attains the age

22 of 21 prior to obtaining approval for status if—

23 (A) the child remains unmarried; and

24 (B) the application for such status was filed on

25 behalf of the child prior to the child’s 21st birthday.
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1 (2) The provisions of law specified in this paragraph

2 are the following:

3 (A) Section 101(a)(27)(J) of the Immigration

4 and Nationality Act.

5 (B) Section 208 of such Act.

6 (C) The Nicaraguan and Central American Re7 lief Act (as contained in Public Law 105–100; 8

8 U.S.C. 1255 note).

9 (D) The Haitian Refugee Immigration Fairness

10 Act of 1998 (as added by section 101(h) of division

11 A of Public Law 105–277; 8 U.S.C. 1255 note).

12 SEC. 404. EFFECTIVE DATES.

13 (a) The amendment made by section 401 shall apply

14 to all eligible children who were in the United States be15 fore, on, or after the date of enactment of this Act.

16 (b) The amendments made by section 403 shall apply

17 to all applications and petitions filed before, on, or after

18 the date of enactment of this Act.

19 TITLE V—CHILDREN REFUGEE

20 AND ASYLUM SEEKERS

21 SEC. 501. GUIDELINES FOR CHILDREN’S ASYLUM CLAIMS.

22 (a) SENSE OF CONGRESS.—Congress commends the

23 Service for its issuance of its ‘‘Guidelines for Children’s

24 Asylum Claims’’, dated December 1998, and encourages

25 and supports the Service’s implementation of such guide-
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1 lines in an effort to facilitate the handling of children’s

2 asylum claims. Congress calls upon the Executive Office

3 for Immigration Review of the Department of Justice to

4 adopt the ‘‘Guidelines for Children’s Asylum Claims’’ in

5 its handling of children’s asylum claims before immigra6 tion judges and the Board of Immigration Appeals.

7 (b) TRAINING.—The Attorney General shall provide

8 at least annually comprehensive training under the

9 ‘‘Guidelines for Children’s Asylum Claims’’ to asylum offi10 cers, immigration judges, members of the Board of Immi11 gration Appeals, and immigration officers who have con12 tact with children in order to familiarize and sensitize such

13 officers to the needs of children asylum seekers. Voluntary

14 agencies shall be allowed to assist in such training.

15 SEC. 502. EXCEPTIONS FOR UNACCOMPANIED ALIEN CHIL16 DREN IN ASYLUM AND REFUGEE-LIKE CIR17 CUMSTANCES.

18 (a) EXCEPTION FROM EXPEDITED REMOVAL.—Sec19 tion 235(b)(1)(F) (8 U.S.C. 1225(b)(1)(F)) is amended

20 by striking ‘‘an alien’’ and inserting ‘‘unaccompanied alien

21 child or an alien’’.

22 (b) EXCEPTION FROM TIME LIMIT FOR FILING ASY23 LUM APPLICATION.—Section 208(a)(2) (8 U.S.C.

24 1158(a)(2)) is amended by adding at the end the following

25 new subparagraph:
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1 ‘‘(E) Subparagraphs (A) and (B) shall not

2 apply to an unaccompanied alien child.’’.

3 SEC. 503. UNACCOMPANIED REFUGEE CHILDREN.

4 (a) IDENTIFYING UNACCOMPANIED REFUGEE CHIL5 DREN.—Section 207(e) (8 U.S.C. 1157(e)) is amended—

6 (1) by redesignating paragraphs (3) through

7 (7) as paragraphs (4) through (8); and

8 (2) by inserting after paragraph (2) the fol9 lowing new paragraph:

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

11 faced by unaccompanied refugee children, by region.

12 Such analysis shall include an assessment of—

13 ‘‘(A) the number of unaccompanied refugee

14 children, by region;

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

16 State to identify such refugees;

17 ‘‘(C) the capacity of the international com18 munity to care for and protect such refugees;

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

20 community to resettle such refugees in the

21 United States;

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

23 plans to resettle such refugees in the United

24 States in the coming fiscal year; and
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1 ‘‘(F) the fate that will befall such unac2 companied refugee children for whom resettle3 ment in the United States is not possible.’’.

4 (b) TRAINING ON THE NEEDS OF UNACCOMPANIED

5 REFUGEE CHILDREN.—Section 207(f)(2) (8 U.S.C.

6 1157(f)(2)) is amended by—

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

8 (2) inserting before the period at the end the

9 following: ‘‘, and instruction on the needs of unac10 companied refugee children’’.

11 TITLE VI—REPORTS TO

12 CONGRESS

13 SEC. 601. GENERAL ACCOUNTING OFFICE REPORT.

14 Not later than 18 months after the date of enactment

15 of this Act, the Comptroller General of the United States

16 shall submit a report to the Judiciary Committees of the

17 Senate and House of Representatives concerning the im18 plementation of this Act. Such report shall assess the ef19 fectiveness of the Office in meeting the purposes of the

20 Act, and shall specifically include—

21 (1) the elements described in the report found

22 in section 101(c)(3)(I);

23 (2) the elements of the report described in sec24 tion 204; and
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1 (3) the analysis described in section 207(e)(3)

2 of the Immigration and Nationality Act, as added by

3 section 503(a)(2) of this Act.

4 TITLE VII—AUTHORIZATION OF

5 APPROPRIATIONS

6 SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

7 (a) IN GENERAL.—There are authorized to be appro8 priated such sums as may be necessary to carry out the

9 provisions of this Act.

10 (b) AVAILABILITY OF FUNDS.—Amounts appro11 priated pursuant to subsection (a) are authorized to re12 main available until expended.

Æ