II 

Calendar No. 74 

109TH CONGRESS 

1ST SESSION S. 119 

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

purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005 

Mrs. FEINSTEIN (for herself, Ms. COLLINS, Mr. SCHUMER, Mr. HAGEL, Mr. 

DURBIN, Mr. DEWINE, Ms. CANTWELL, Mr. INOUYE, Mr. FEINGOLD, 

Mr. LUGAR, Mr. BINGAMAN, Ms. MURKOWSKI, Mr. KENNEDY, Mr. 

BROWNBACK, Mr. CHAFEE, Mr. AKAKA, Mr. SPECTER, Mr. KOHL, Mr. 

LEAHY, and Mrs. MURRAY) introduced the following bill; which was read 

twice and referred to the Committee on the Judiciary 

APRIL 14, 2005 

Reported by Mr. SPECTER, with an amendment 

[Insert the part printed in italic] 

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 2005’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents 

Sec. 2. Definitions 

TITLE I—CUSTODY, RELEASE, FAMILY REUNIFICATION, AND 

DETENTION 

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 

GUARDIANS AD LITEM AND COUNSEL 

Sec. 201. Guardians ad litem 

Sec. 202. Counsel 

Sec. 203. Effective date; applicability 

TITLE III—STRENGTHENING POLICIES FOR PERMANENT 

PROTECTION OF ALIEN CHILDREN 

Sec. 301. Special immigrant juvenile visa 

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

Sec. 303. Report 

Sec. 304. Effective date 

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—AUTHORIZATION OF APPROPRIATIONS 

Sec. 501. Authorization of appropriations 

TITLE VI—AMENDMENTS TO THE HOMELAND SECURITY ACT OF 

2002 

Sec. 601. Additional responsibilities and powers of the Office of Refugee Resettlement with respect to unaccompanied alien children 

Sec. 602. Technical corrections 

Sec. 603. Effective date 

3 SEC. 2. DEFINITIONS. 

4 (a) IN GENERAL.—In this Act: 
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1 (1) COMPETENT.—The term ‘‘competent’’, in 

2 reference to counsel, means an attorney who— 

3 (A) complies with the duties set forth in 

4 this Act; 

5 (B) is a member in good standing of the 

6 bar of the highest court of any State, posses7 sion, territory, Commonwealth, or the District 

8 of Columbia; 

9 (C) is not under any order of any court 

10 suspending, enjoining, restraining, disbarring, 

11 or otherwise restricting the attorney in the 

12 practice of law; and 

13 (D) is properly qualified to handle matters 

14 involving unaccompanied immigrant children or 

15 is working under the auspices of a qualified 

16 nonprofit organization that is experienced in 

17 handling such matters. 

18 (2) DIRECTOR.—The term ‘‘Director’’ means 

19 the Director of the Office. 

20 (3) DIRECTORATE.—The term ‘‘Directorate’’ 

21 means the Directorate of Border and Transportation 

22 Security established by section 401 of the Homeland 

23 Security Act of 2002 (6 U.S.C. 201). 

24 (4) OFFICE.—The term ‘‘Office’’ means the Of25 fice of Refugee Resettlement established by section 
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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 section 462(g)(2) of the Homeland Secu8 rity Act of 2002 (6 U.S.C. 279(g)(2)). 

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 the age of 18; and 

23 ‘‘(C) with respect to whom— 

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

25 the United States; or 
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1 ‘‘(ii) no parent or legal guardian in the 

2 United States is able to provide care and phys3 ical custody. 

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

5 means persons described in paragraph (42) who— 

6 ‘‘(A) have not attained the age of 18; 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.—A department or 

11 agency of a State, or an individual or entity appointed by 

12 a State court or juvenile court located in the United 

13 States, acting in loco parentis, shall not be considered a 

14 legal guardian for purposes of section 462 of the Home15 land Security Act of 2002 (6 U.S.C. 279) or this Act. 

16 TITLE I—CUSTODY, RELEASE, 

17 FAMILY REUNIFICATION, AND 

18 DETENTION 

19 SEC. 101. PROCEDURES WHEN ENCOUNTERING UNACCOM20 PANIED ALIEN CHILDREN. 

21 (a) UNACCOMPANIED CHILDREN FOUND ALONG THE

22 UNITED STATES BORDER OR AT UNITED STATES PORTS

23 OF ENTRY.— 

24 (1) IN GENERAL.—Subject to paragraph (2), if 

25 an immigration officer finds an unaccompanied alien 
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1 child who is described in paragraph (2) at a land 

2 border or port of entry of the United States and de3 termines that such child is inadmissible under the 

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

5 seq.), the officer shall— 

6 (A) permit such child to withdraw the 

7 child’s application for admission pursuant to 

8 section 235(a)(4) of the Immigration and Na9 tionality Act (8 U.S.C. 1225(a)(4)); and 

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

11 of nationality or country of last habitual resi12 dence. 

13 (2) SPECIAL RULE FOR CONTIGUOUS COUN14 TRIES.— 

15 (A) IN GENERAL.—Any child who is a na16 tional or habitual resident of a country that is 

17 contiguous with the United States and that has 

18 an agreement in writing with the United States 

19 providing for the safe return and orderly repa20 triation of unaccompanied alien children who 

21 are nationals or habitual residents of such 

22 country shall be treated in accordance with 

23 paragraph (1), if a determination is made on a 

24 case-by-case basis that— 
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1 (i) such child is a national or habitual 

2 resident of a country described in this sub3 paragraph; 

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

5 returning to the child’s country of nation6 ality or country of last habitual residence 

7 owing to a fear of persecution; 

8 (iii) the return of such child to the 

9 child’s country of nationality or country of 

10 last habitual residence would not endanger 

11 the life or safety of such child; and 

12 (iv) the child is able to make an inde13 pendent decision to withdraw the child’s 

14 application for admission due to age or 

15 other lack of capacity. 

16 (B) RIGHT OF CONSULTATION.—Any child 

17 described in subparagraph (A) shall have the 

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

19 child’s native language— 

20 (i) to consult with a consular officer 

21 from the child’s country of nationality or 

22 country of last habitual residence prior to 

23 repatriation; and 

24 (ii) to consult, telephonically, with the 

25 Office. 
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1 (3) RULE FOR APPREHENSIONS AT THE BOR2 DER.—The custody of unaccompanied alien children 

3 not described in paragraph (2) who are apprehended 

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

5 States port of entry shall be treated in accordance 

6 with subsection (b). 

7 (b) CARE AND CUSTODY OF UNACCOMPANIED ALIEN

8 CHILDREN FOUND IN THE INTERIOR OF THE UNITED

9 STATES.— 

10 (1) ESTABLISHMENT OF JURISDICTION.— 

11 (A) IN GENERAL.—Except as otherwise 

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

13 subsection (a), the care and custody of all unac14 companied alien children, including responsi15 bility for their detention, where appropriate, 

16 shall be under the jurisdiction of the Office. 

17 (B) EXCEPTION FOR CHILDREN WHO HAVE

18 COMMITTED CRIMES.—Notwithstanding sub19 paragraph (A), the Directorate shall retain or 

20 assume the custody and care of any unaccom21 panied alien child who— 

22 (i) has been charged with any felony, 

23 excluding offenses proscribed by the Immi24 gration and Nationality Act (8 U.S.C. 
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1 1101 et seq.), while such charges are pend2 ing; or 

3 (ii) has been convicted of any such fel4 ony. 

5 (C) EXCEPTION FOR CHILDREN WHO

6 THREATEN NATIONAL SECURITY.—Notwith7 standing subparagraph (A), the Directorate 

8 shall retain or assume the custody and care of 

9 an unaccompanied alien child if the Secretary 

10 has substantial evidence, based on an individ11 ualized determination, that such child could 

12 personally endanger the national security of the 

13 United States. 

14 (D) TRAFFICKING VICTIMS.—For purposes 

15 of section 462 of the Homeland Security Act of 

16 2002 (6 U.S.C. 279) and this Act, an unaccom17 panied alien child who is eligible for services au18 thorized under the Victims of Trafficking and 

19 Violence Protection Act of 2000 (Public Law 

20 106–386), shall be considered to be in the cus21 tody of the Office. 

22 (2) NOTIFICATION.— 

23 (A) IN GENERAL.—The Secretary shall 

24 promptly notify the Office upon— 
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1 (i) the apprehension of an unaccom2 panied alien child; 

3 (ii) the discovery that an alien in the 

4 custody of the Directorate is an unaccom5 panied alien child; 

6 (iii) any claim by an alien in the cus7 tody of the Directorate that such alien is 

8 under the age of 18; or 

9 (iv) any suspicion that an alien in the 

10 custody of the Directorate who has claimed 

11 to be over the age of 18 is actually under 

12 the age of 18. 

13 (B) SPECIAL RULE.—In the case of an 

14 alien described in clause (iii) or (iv) of subpara15 graph (A), the Director shall make an age de16 termination in accordance with section 105 and 

17 take whatever other steps are necessary to de18 termine whether such alien is eligible for treat19 ment under section 462 of the Homeland Secu20 rity Act of 2002 (6 U.S.C. 279) or this Act. 

21 (3) TRANSFER OF UNACCOMPANIED ALIEN

22 CHILDREN.— 

23 (A) TRANSFER TO THE OFFICE.—The care 

24 and custody of an unaccompanied alien child 

25 shall be transferred to the Office— 
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1 (i) in the case of a child not described 

2 in subparagraph (B) or (C) of paragraph 

3 (1), not later than 72 hours after a deter4 mination is made that such child is an un5 accompanied alien child; 

6 (ii) in the case of a child whose cus7 tody and care has been retained or as8 sumed by the Directorate pursuant to sub9 paragraph (B) or (C) of paragraph (1), 

10 immediately following a determination that 

11 the child no longer meets the description 

12 set forth in such subparagraphs; or 

13 (iii) in the case of a child who was 

14 previously released to an individual or enti15 ty described in section 102(a)(1), upon a 

16 determination by the Director that such in17 dividual or entity is no longer able to care 

18 for the child. 

19 (B) TRANSFER TO THE DIRECTORATE.— 

20 Upon determining that a child in the custody of 

21 the Office is described in subparagraph (B) or 

22 (C) of paragraph (1), the Director shall trans23 fer the care and custody of such child to the 

24 Directorate. 
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1 (C) PROMPTNESS OF TRANSFER.—In the 

2 event of a need to transfer a child under this 

3 paragraph, the sending office shall make 

4 prompt arrangements to transfer such child and 

5 the receiving office shall make prompt arrange6 ments to receive such child. 

7 (c) AGE DETERMINATIONS.—In any case in which 

8 the age of an alien is in question and the resolution of 

9 questions about the age of such alien would affect the 

10 alien’s eligibility for treatment under section 462 of the 

11 Homeland Security Act of 2002 (6 U.S.C. 279) or this 

12 Act, a determination of whether or not such alien meets 

13 such age requirements shall be made by the Director in 

14 accordance with section 105. 

15 SEC. 102. FAMILY REUNIFICATION FOR UNACCOMPANIED 

16 ALIEN CHILDREN WITH RELATIVES IN THE 

17 UNITED STATES. 

18 (a) PLACEMENT AUTHORITY.— 

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

20 discretion of the Director under paragraph (4), sec21 tion 103(a)(2), and section 462(b)(2) of the Home22 land Security Act of 2002 (6 U.S.C. 279(b)(2)), an 

23 unaccompanied alien child in the custody of the Of24 fice shall be promptly placed with 1 of the following 
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1 individuals or entities in the following order of pref2 erence: 

3 (A) A parent who seeks to establish cus4 tody, as described in paragraph (3)(A). 

5 (B) A legal guardian who seeks to estab6 lish custody, as described in paragraph (3)(A). 

7 (C) An adult relative. 

8 (D) An individual or entity designated by 

9 the parent or legal guardian that is capable and 

10 willing to care for the well-being of the child. 

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

12 home, or foster care program willing to accept 

13 physical custody of the child. 

14 (F) A qualified adult or entity seeking cus15 tody of the child when it appears that there is 

16 no other likely alternative to long-term deten17 tion and family reunification does not appear to 

18 be a reasonable alternative. For purposes of 

19 this subparagraph, the Office shall decide who 

20 is a qualified adult or entity and promulgate 

21 regulations in accordance with such decision. 

22 (2) SUITABILITY ASSESSMENT.—Notwith23 standing paragraph (1), no unaccompanied alien 

24 child shall be placed with a person or entity unless 

25 a valid suitability assessment conducted by an agen-
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1 cy of the State of the child’s proposed residence, by 

2 an agency authorized by that State to conduct such 

3 an assessment, or by an appropriate voluntary agen4 cy contracted with the Office to conduct such assess5 ments, has found that the person or entity is capable 

6 of providing for the child’s physical and mental well7 being. 

8 (3) RIGHT OF PARENT OR LEGAL GUARDIAN TO

9 CUSTODY OF UNACCOMPANIED ALIEN CHILD.— 

10 (A) PLACEMENT WITH PARENT OR LEGAL

11 GUARDIAN.—If an unaccompanied alien child is 

12 placed with any person or entity other than a 

13 parent or legal guardian, and subsequent to 

14 that placement a parent or legal guardian seeks 

15 to establish custody, the Director shall— 

16 (i) assess the suitability of placing the 

17 child with the parent or legal guardian; 

18 and 

19 (ii) make a written determination on 

20 the child’s placement within 30 days. 

21 (B) RULE OF CONSTRUCTION.—Nothing in 

22 this Act shall be construed to— 

23 (i) supersede obligations under any 

24 treaty or other international agreement to 

25 which the United States is a party, includ-
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1 ing The Hague Convention on the Civil As2 pects of International Child Abduction, the 

3 Vienna Declaration and Program of Ac4 tion, and the Declaration of the Rights of 

5 the Child; or 

6 (ii) limit any right or remedy under 

7 such international agreement. 

8 (4) PROTECTION FROM SMUGGLERS AND TRAF9 FICKERS.— 

10 (A) POLICIES AND PROGRAMS.— 

11 (i) IN GENERAL.—The Director shall 

12 establish policies and programs to ensure 

13 that unaccompanied alien children are pro14 tected from smugglers, traffickers, or other 

15 persons seeking to victimize or otherwise 

16 engage such children in criminal, harmful, 

17 or exploitative activity. 

18 (ii) WITNESS PROTECTION PROGRAMS

19 INCLUDED.—Programs established pursu20 ant to clause (i) may include witness pro21 tection programs. 

22 (B) CRIMINAL INVESTIGATIONS AND PROS23 ECUTIONS.—Any officer or employee of the Of24 fice or the Department of Homeland Security, 

25 and any grantee or contractor of the Office, 
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1 who suspects any individual of involvement in 

2 any activity described in subparagraph (A) shall 

3 report such individual to Federal or State pros4 ecutors for criminal investigation and prosecu5 tion. 

6 (C) DISCIPLINARY ACTION.—Any officer or 

7 employee of the Office or the Department of 

8 Homeland Security, and any grantee or con9 tractor of the Office, who suspects an attorney 

10 of involvement in any activity described in sub11 paragraph (A) shall report the individual to the 

12 State bar association of which the attorney is a 

13 member, or to other appropriate disciplinary 

14 authorities, for appropriate disciplinary action, 

15 which may include private or public admonition 

16 or censure, suspension, or disbarment of the at17 torney from the practice of law. 

18 (5) GRANTS AND CONTRACTS.—The Director 

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

20 voluntary agencies to carry out this section or sec21 tion 462 of the Homeland Security Act of 2002 (6 

22 U.S.C. 279). 

23 (6) REIMBURSEMENT OF STATE EXPENSES.— 

24 The Director may reimburse States for any expenses 

25 they incur in providing assistance to unaccompanied 
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1 alien children who are served pursuant to this Act 

2 or section 462 of the Homeland Security Act of 

3 2002 (6 U.S.C. 279). 

4 (b) CONFIDENTIALITY.—All information obtained by 

5 the Office relating to the immigration status of a person 

6 described in subparagraphs (A), (B), and (C) of sub7 section (a)(1) shall remain confidential and may be used 

8 only for the purposes of determining such person’s quali9 fications under subsection (a)(1). 

10 (c) REQUIRED DISCLOSURE.—The Secretary of 

11 Health and Human Services or the Secretary of Homeland 

12 Security shall provide the information furnished under 

13 this section, and any other information derived from such 

14 furnished information, to— 

15 (1) a duly recognized law enforcement entity in 

16 connection with an investigation or prosecution of an 

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

18 212(a) of the Immigration and Nationality Act (8 

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

20 in writing by such entity; or 

21 (2) an official coroner for purposes of affirma22 tively identifying a deceased individual (whether or 

23 not such individual is deceased as a result of a 

24 crime). 
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1 (d) PENALTY.—Whoever knowingly uses, publishes, 

2 or permits information to be examined in violation of this 

3 section shall be fined not more than $10,000. 

4 SEC. 103. APPROPRIATE CONDITIONS FOR DETENTION OF 

5 UNACCOMPANIED ALIEN CHILDREN. 

6 (a) STANDARDS FOR PLACEMENT.— 

7 (1) PROHIBITION OF DETENTION IN CERTAIN

8 FACILITIES.—Except as provided in paragraph (2), 

9 an unaccompanied alien child shall not be placed in 

10 an adult detention facility or a facility housing delin11 quent children. 

12 (2) DETENTION IN APPROPRIATE FACILITIES.— 

13 An unaccompanied alien child who has exhibited a 

14 violent or criminal behavior that endangers others 

15 may be detained in conditions appropriate to such 

16 behavior in a facility appropriate for delinquent chil17 dren. 

18 (3) STATE LICENSURE.—A child shall not be 

19 placed with an entity described in section 

20 102(a)(1)(E), unless the entity is licensed by an ap21 propriate State agency to provide residential, group, 

22 child welfare, or foster care services for dependent 

23 children. 

24 (4) CONDITIONS OF DETENTION.— 
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1 (A) IN GENERAL.—The Director and the 

2 Secretary of Homeland Security shall promul3 gate regulations incorporating standards for 

4 conditions of detention in such placements that 

5 provide for— 

6 (i) educational services appropriate to 

7 the child; 

8 (ii) medical care; 

9 (iii) mental health care, including 

10 treatment of trauma, physical and sexual 

11 violence, or abuse; 

12 (iv) access to telephones; 

13 (v) access to legal services; 

14 (vi) access to interpreters; 

15 (vii) supervision by professionals 

16 trained in the care of children, taking into 

17 account the special cultural, linguistic, and 

18 experiential needs of children in immigra19 tion proceedings; 

20 (viii) recreational programs and activi21 ties; 

22 (ix) spiritual and religious needs; and 

23 (x) dietary needs. 

24 (B) NOTIFICATION OF CHILDREN.—Regu25 lations promulgated under subparagraph (A) 
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1 shall provide that all children are notified of 

2 such standards orally and in writing in the 

3 child’s native language. 

4 (b) PROHIBITION OF CERTAIN PRACTICES.—The Di5 rector and the Secretary shall develop procedures prohib6 iting the unreasonable use of— 

7 (1) shackling, handcuffing, or other restraints 

8 on children; 

9 (2) solitary confinement; or 

10 (3) pat or strip searches. 

11 (c) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall be construed to supersede procedures favoring 

13 release of children to appropriate adults or entities or 

14 placement in the least secure setting possible, as defined 

15 in the Stipulated Settlement Agreement under Flores v. 

16 Reno. 

17 SEC. 104. REPATRIATED UNACCOMPANIED ALIEN CHIL18 DREN. 

19 (a) COUNTRY CONDITIONS.— 

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

21 Congress that, to the extent consistent with the trea22 ties and other international agreements to which the 

23 United States is a party, and to the extent prac24 ticable, the United States Government should under25 take efforts to ensure that it does not repatriate 
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1 children in its custody into settings that would 

2 threaten the life and safety of such children. 

3 (2) ASSESSMENT OF CONDITIONS.— 

4 (A) IN GENERAL.—The annual Country 

5 Reports on Human Rights Practices published 

6 by the Department of State shall contain an as7 sessment of the degree to which each country 

8 protects children from smugglers and traf9 fickers. 

10 (B) FACTORS FOR ASSESSMENT.—The Di11 rectorate shall consult the Country Reports on 

12 Human Rights Practices and the Trafficking in 

13 Persons Report in assessing whether to repa14 triate an unaccompanied alien child to a par15 ticular country. 

16 (b) REPORT ON REPATRIATION OF UNACCOMPANIED

17 ALIEN CHILDREN.— 

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

19 after the date of enactment of this Act, and annually 

20 thereafter, the Secretary shall submit a report to the 

21 Committee on the Judiciary of the Senate and the 

22 Committee on the Judiciary of the House of Rep23 resentatives on efforts to repatriate unaccompanied 

24 alien children. 
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1 (2) CONTENTS.—The report submitted under 

2 paragraph (1) shall include— 

3 (A) the number of unaccompanied alien 

4 children ordered removed and the number of 

5 such children actually removed from the United 

6 States; 

7 (B) a description of the type of immigra8 tion relief sought and denied to such children; 

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

10 and gender of such children; 

11 (D) a description of the procedures used to 

12 effect the removal of such children from the 

13 United States; 

14 (E) a description of steps taken to ensure 

15 that such children were safely and humanely re16 patriated to their country of origin; and 

17 (F) any information gathered in assess18 ments of country and local conditions pursuant 

19 to subsection (a)(2). 

20 SEC. 105. ESTABLISHING THE AGE OF AN UNACCOMPANIED 

21 ALIEN CHILD. 

22 (a) PROCEDURES.— 

23 (1) IN GENERAL.—The Director shall develop 

24 procedures to make a prompt determination of the 

25 age of an alien in the custody of the Department of 
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1 Homeland Security or the Office, when the age of 

2 the alien is at issue. 

3 (2) EVIDENCE.—The procedures developed 

4 under paragraph (1) shall— 

5 (A) permit the presentation of multiple 

6 forms of evidence, including testimony of the 

7 child, to determine the age of the unaccom8 panied alien for purposes of placement, custody, 

9 parole, and detention; and 

10 (B) allow the appeal of a determination to 

11 an immigration judge. 

12 (3) ACCESS TO ALIEN.—The Secretary of 

13 Homeland Security shall permit the Office to have 

14 reasonable access to aliens in the custody of the Sec15 retary so as to ensure a prompt determination of the 

16 age of such alien. 

17 (b) PROHIBITION ON SOLE MEANS OF DETERMINING

18 AGE.—Radiographs or the attestation of an alien shall not 

19 be used as the sole means of determining age for the pur20 poses of determining an alien’s eligibility for treatment 

21 under this Act or section 462 of the Homeland Security 

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

23 (c) RULE OF CONSTRUCTION.—Nothing in this sec24 tion shall be construed to place the burden of proof in 

25 determining the age of an alien on the government. 
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1 SEC. 106. EFFECTIVE DATE. 

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

3 days after the date of enactment of this Act. 

4 TITLE II—ACCESS BY UNACCOM5 PANIED ALIEN CHILDREN TO 

6 GUARDIANS AD LITEM AND 

7 COUNSEL 

8 SEC. 201. GUARDIANS AD LITEM. 

9 (a) ESTABLISHMENT OF GUARDIAN AD LITEM PRO10 GRAM.— 

11 (1) APPOINTMENT.—The Director may appoint 

12 a guardian ad litem, who meets the qualifications 

13 described in paragraph (2), for an unaccompanied 

14 alien child. The Director is encouraged, wherever 

15 practicable, to contract with a voluntary agency for 

16 the selection of an individual to be appointed as a 

17 guardian ad litem under this paragraph. 

18 (2) QUALIFICATIONS OF GUARDIAN AD

19 LITEM.— 

20 (A) IN GENERAL.—No person shall serve 

21 as a guardian ad litem unless such person— 

22 (i) is a child welfare professional or 

23 other individual who has received training 

24 in child welfare matters; and 
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1 (ii) possesses special training on the 

2 nature of problems encountered by unac3 companied alien children. 

4 (B) PROHIBITION.—A guardian ad litem 

5 shall not be an employee of the Directorate, the 

6 Office, or the Executive Office for Immigration 

7 Review. 

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

9 (A) conduct interviews with the child in a 

10 manner that is appropriate, taking into account 

11 the child’s age; 

12 (B) investigate the facts and circumstances 

13 relevant to the child’s presence in the United 

14 States, including facts and circumstances— 

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

16 nationality or last habitual residence; and 

17 (ii) arising subsequent to the child’s 

18 departure from such country; 

19 (C) work with counsel to identify the 

20 child’s eligibility for relief from removal or vol21 untary departure by sharing with counsel infor22 mation collected under subparagraph (B); 

23 (D) develop recommendations on issues 

24 relative to the child’s custody, detention, re25 lease, and repatriation; 
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1 (E) take reasonable steps to ensure that— 

2 (i) the best interests of the child are 

3 promoted while the child participates in, or 

4 is subject to, proceedings or matters under 

5 the Immigration and Nationality Act (8 

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

7 (ii) the child understands the nature 

8 of the legal proceedings or matters and de9 terminations made by the court, and that 

10 all information is conveyed to the child in 

11 an age-appropriate manner; and 

12 (F) report factual findings relating to— 

13 (i) information collected under sub14 paragraph (B); 

15 (ii) the care and placement of the 

16 child during the pendency of the pro17 ceedings or matters; and 

18 (iii) any other information collected 

19 under subparagraph (D). 

20 (4) TERMINATION OF APPOINTMENT.—The 

21 guardian ad litem shall carry out the duties de22 scribed in paragraph (3) until the earliest of the 

23 date on which— 

24 (A) those duties are completed; 

25 (B) the child departs the United States; 
27 

•S 119 RS

1 (C) the child is granted permanent resi2 dent status in the United States; 

3 (D) the child attains the age of 18; or 

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

5 parent or legal guardian. 

6 (5) POWERS.—The guardian ad litem— 

7 (A) shall have reasonable access to the 

8 child, including access while such child is being 

9 held in detention or in the care of a foster fam10 ily; 

11 (B) shall be permitted to review all records 

12 and information relating to such proceedings 

13 that are not deemed privileged or classified; 

14 (C) may seek independent evaluations of 

15 the child; 

16 (D) shall be notified in advance of all hear17 ings or interviews involving the child that are 

18 held in connection with proceedings or matters 

19 under the Immigration and Nationality Act (8 

20 U.S.C. 1101 et seq.), and shall be given a rea21 sonable opportunity to be present at such hear22 ings or interviews; 

23 (E) shall be permitted to consult with the 

24 child during any hearing or interview involving 

25 such child; and 
28 

•S 119 RS

1 (F) shall be provided at least 24 hours ad2 vance notice of a transfer of that child to a dif3 ferent placement, absent compelling and un4 usual circumstances warranting the transfer of 

5 such child before such notification. 

6 (b) TRAINING.— 

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

8 professional training for all persons serving as 

9 guardians ad litem under this section. 

10 (2) TRAINING TOPICS.—The training provided 

11 under paragraph (1) shall include training in— 

12 (A) the circumstances and conditions that 

13 unaccompanied alien children face; and 

14 (B) various immigration benefits for which 

15 such alien child might be eligible. 

16 (c) PILOT PROGRAM.— 

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

18 after the date of enactment of this Act, the Director 

19 shall establish and begin to carry out a pilot pro20 gram to test the implementation of subsection (a). 

21 (2) PURPOSE.—The purpose of the pilot pro22 gram established under paragraph (1) is to— 

23 (A) study and assess the benefits of pro24 viding guardians ad litem to assist unaccom-
29 

•S 119 RS

1 panied alien children involved in immigration 

2 proceedings or matters; 

3 (B) assess the most efficient and cost-ef4 fective means of implementing the guardian ad 

5 litem provisions in 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 in which to operate the pilot 

13 program established under paragraph (1). 

14 (B) NUMBER OF CHILDREN.—To the 

15 greatest extent possible, each site selected 

16 under subparagraph (A) should have at least 25 

17 children held in immigration custody at any 

18 given time. 

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. 
30 

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1 SEC. 202. COUNSEL. 

2 (a) ACCESS TO COUNSEL.— 

3 (1) IN GENERAL.—The Director should ensure 

4 that all unaccompanied alien children in the custody 

5 of the Office or the Directorate, who are not de6 scribed in section 101(a)(2), have competent counsel 

7 to represent them in immigration proceedings or 

8 matters. 

9 (2) PRO BONO REPRESENTATION.—To the max10 imum extent practicable, the Director should— 

11 (A) make every effort to utilize the services 

12 of competent pro bono counsel who agree to 

13 provide representation to such children without 

14 charge; and 

15 (B) ensure that placements made under 

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

17 102(a)(1) are in cities where there is a dem18 onstrated capacity for competent pro bono rep19 resentation. 

20 (3) DEVELOPMENT OF NECESSARY INFRA21 STRUCTURES AND SYSTEMS.—In ensuring that legal 

22 representation is provided to unaccompanied alien 

23 children, the Director shall develop the necessary 

24 mechanisms to identify entities available to provide 

25 such legal assistance and representation and to re26 cruit such entities. 
31 

•S 119 RS

1 (4) CONTRACTING AND GRANT MAKING AU2 THORITY.— 

3 (A) IN GENERAL.—The Director shall 

4 enter into contracts with, or award grants to, 

5 nonprofit agencies with relevant expertise in the 

6 delivery of immigration-related legal services to 

7 children in order to carry out the responsibil8 ities of this Act, including providing legal ori9 entation, screening cases for referral, recruiting, 

10 training, and overseeing pro bono attorneys. 

11 (B) SUBCONTRACTING.—Nonprofit agen12 cies may enter into subcontracts with, or award 

13 grants to, private voluntary agencies with rel14 evant expertise in the delivery of immigration15 related legal services to children in order to 

16 carry out this subsection. 

17 (C) CONSIDERATIONS REGARDING GRANTS

18 AND CONTRACTS.—In awarding grants and en19 tering into contracts with agencies under this 

20 paragraph, the Director shall take into consid21 eration the capacity of the agencies in question 

22 to properly administer the services covered by 

23 such grants or contracts without an undue con24 flict of interest. 
32 

•S 119 RS

1 (5) MODEL GUIDELINES ON LEGAL REPRESEN2 TATION OF CHILDREN.— 

3 (A) DEVELOPMENT OF GUIDELINES.—The 

4 Executive Office for Immigration Review, in 

5 consultation with voluntary agencies and na6 tional experts, shall develop model guidelines 

7 for the legal representation of alien children in 

8 immigration proceedings. Such guidelines shall 

9 be based on the children’s asylum guidelines, 

10 the American Bar Association Model Rules of 

11 Professional Conduct, and other relevant do12 mestic or international sources. 

13 (B) PURPOSE OF GUIDELINES.—The 

14 guidelines developed under subparagraph (A) 

15 shall be designed to help protect each child 

16 from any individual suspected of involvement in 

17 any criminal, harmful, or exploitative activity 

18 associated with the smuggling or trafficking of 

19 children, while ensuring the fairness of the re20 moval proceeding in which the child is involved. 

21 (C) IMPLEMENTATION.—The Executive 

22 Office for Immigration Review shall adopt the 

23 guidelines developed under subparagraph (A) 

24 and submit the guidelines for adoption by na25 tional, State, and local bar associations. 
33 

•S 119 RS

1 (b) DUTIES.—Counsel shall— 

2 (1) represent the unaccompanied alien child in 

3 all proceedings and matters relating to the immigra4 tion status of the child or other actions involving the 

5 Directorate; 

6 (2) appear in person for all individual merits 

7 hearings before the Executive Office for Immigration 

8 Review and interviews involving the Directorate; and 

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

10 confidentiality, and competent representation to the 

11 child as is due an adult client. 

12 (c) ACCESS TO CHILD.— 

13 (1) IN GENERAL.—Counsel shall have reason14 able access to the unaccompanied alien child, includ15 ing access while the child is being held in detention, 

16 in the care of a foster family, or in any other setting 

17 that has been determined by the Office. 

18 (2) RESTRICTION ON TRANSFERS.—Absent 

19 compelling and unusual circumstances, no child who 

20 is represented by counsel shall be transferred from 

21 the child’s placement to another placement unless 

22 advance notice of at least 24 hours is made to coun23 sel of such transfer. 

24 (d) NOTICE TO COUNSEL DURING IMMIGRATION

25 PROCEEDINGS.— 
34 

•S 119 RS

1 (1) IN GENERAL.—Except when otherwise re2 quired in an emergency situation involving the phys3 ical safety of the child, counsel shall be given prompt 

4 and adequate notice of all immigration matters af5 fecting or involving an unaccompanied alien child, 

6 including adjudications, proceedings, and processing, 

7 before such actions are taken. 

8 (2) OPPORTUNITY TO CONSULT WITH COUN9 SEL.—An unaccompanied alien child in the custody 

10 of the Office may not give consent to any immigra11 tion action, including consenting to voluntary depar12 ture, unless first afforded an opportunity to consult 

13 with counsel. 

14 (e) ACCESS TO RECOMMENDATIONS OF GUARDIAN

15 AD LITEM.—Counsel shall be given an opportunity to re16 view the recommendation by the guardian ad litem affect17 ing or involving a client who is an unaccompanied alien 

18 child. 

19 (f) COUNSEL FOR UNACCOMPANIED ALIEN CHIL20 DREN.—Nothing in this Act requires the United States to 

21 pay for counsel to any unaccompanied alien child. 

22 SEC. 203. EFFECTIVE DATE; APPLICABILITY. 

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

24 180 days after the date of enactment of this Act. 
35 

•S 119 RS

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

2 apply to all unaccompanied alien children in Federal cus3 tody on, before, or after the effective date of this title. 

4 TITLE III—STRENGTHENING 

5 POLICIES FOR PERMANENT 

6 PROTECTION OF ALIEN CHIL7 DREN 

8 SEC. 301. SPECIAL IMMIGRANT JUVENILE VISA. 

9 (a) J VISA.—Section 101(a)(27)(J) of the Immigra10 tion and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is 

11 amended to read as follows: 

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

13 younger on the date of application and who is 

14 present in the United States— 

15 ‘‘(i) who by a court order, which shall be 

16 binding on the Secretary of Homeland Security 

17 for purposes of adjudications under this sub18 paragraph, was declared dependent on a juve19 nile court located in the United States or whom 

20 such a court has legally committed to, or placed 

21 under the custody of, a department or agency 

22 of a State, or an individual or entity appointed 

23 by a State or juvenile court located in the 

24 United States, due to abuse, neglect, abandon25 ment, or a similar basis found under State law; 
36 

•S 119 RS

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

2 administrative or judicial proceedings that it 

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

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

5 country of nationality or country of last habit6 ual residence; and 

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

8 custody, for whom the Office of Refugee Reset9 tlement of the Department of Health and 

10 Human Services has certified to the Director of 

11 the Bureau of Citizenship and Immigration 

12 Services that the classification of an alien as a 

13 special immigrant under this subparagraph has 

14 not been made solely to provide an immigration 

15 benefit to that alien, 

16 except that no natural parent or prior adoptive par17 ent of any alien provided special immigrant status 

18 under this subparagraph shall thereafter, by virtue 

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

20 or status under this Act;’’. 

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

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

23 1255(h)(2)(A)) is amended to read as follows: 

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

25 (7) of section 212(a) shall not apply; and’’. 
37 

•S 119 RS

1 (c) ELIGIBILITY FOR ASSISTANCE.—A child who has 

2 been granted relief under section 101(a)(27)(J) of the Im3 migration and Nationality Act (8 U.S.C. 1101(a)(27)(J)), 

4 shall be eligible for all funds made available under section 

5 412(d) of that Act (8 U.S.C. 1522(d)) until such time as 

6 the child attains the age designated in section 

7 412(d)(2)(B) of that Act (8 U.S.C. 1522(d)(2)(B)), or 

8 until the child is placed in a permanent adoptive home, 

9 whichever occurs first. 

10 (d) TRANSITION RULE.—Notwithstanding any other 

11 provision of law, any child described in section 

12 101(a)(27)(J) of the Immigration and Nationality Act (8 

13 U.S.C. 1101(a)(27)(J)) who filed an application for a visa 

14 before the date of enactment of this Act and who was 19, 

15 20, or 21 years of age on the date such application was 

16 filed shall not be denied a visa after the date of enactment 

17 of this Act because of such alien’s age. 

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 to State and coun-
38 

•S 119 RS

1 ty officials, child welfare specialists, teachers, public 

2 counsel, and juvenile judges who come into contact 

3 with unaccompanied alien children. 

4 (2) CURRICULUM.—The training shall provide 

5 education on the processes pertaining to unaccom6 panied alien children with pending immigration sta7 tus and on the forms of relief potentially available. 

8 The Director shall be responsible for establishing a 

9 core curriculum that can be incorporated into edu10 cation, training, or orientation modules or formats 

11 that are currently used by these professionals. 

12 (b) TRAINING OF DIRECTORATE PERSONNEL.—The 

13 Secretary, acting jointly with the Secretary of Health and 

14 Human Services, shall provide specialized training to all 

15 personnel of the Directorate who come into contact with 

16 unaccompanied alien children. Training for Border Patrol 

17 agents and immigration inspectors shall include specific 

18 training on identifying children at the United States bor19 ders or at United States ports of entry who have been 

20 victimized by smugglers or traffickers, and children for 

21 whom asylum or special immigrant relief may be appro22 priate, including children described in section 101(a)(2). 

23 SEC. 303. REPORT. 

24 Not later than 1 year after the date of enactment 

25 of this Act, and annually thereafter, the Secretary of 
39 

•S 119 RS

1 Health and Human Services shall submit a report for the 

2 previous fiscal year to the Committee on the Judiciary of 

3 the Senate and the Committee on the Judiciary of the 

4 House of Representatives that contains— 

5 (1) data related to the implementation of sec6 tion 462 of the Homeland Security Act (6 U.S.C. 

7 279); 

8 (2) data regarding the care and placement of 

9 children in accordance with this Act; 

10 (3) data regarding the provision of guardian ad 

11 litem and counsel services under this Act; and 

12 (4) any other information that the Director or 

13 the Secretary of Health and Human Services deter14 mines to be appropriate. 

15 SEC. 304. EFFECTIVE DATE. 

16 The amendment made by section 301 shall apply to 

17 all aliens who were in the United States before, on, or 

18 after the date of enactment of this Act. 

19 TITLE IV—CHILDREN REFUGEE 

20 AND ASYLUM SEEKERS 

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

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

23 Immigration and Naturalization Service for its issuance 

24 of its ‘‘Guidelines for Children’s Asylum Claims’’, dated 

25 December 1998, and encourages and supports the imple-
40 

•S 119 RS

1 mentation of such guidelines by the Immigration and Nat2 uralization Service (and its successor entities) in an effort 

3 to facilitate the handling of children’s asylum claims. Con4 gress calls upon the Executive Office for Immigration Re5 view of the Department of Justice to adopt the ‘‘Guide6 lines for Children’s Asylum Claims’’ in its handling of chil7 dren’s asylum claims before immigration judges and the 

8 Board of Immigration Appeals. 

9 (b) TRAINING.—The Secretary shall provide periodic 

10 comprehensive training under the ‘‘Guidelines for Chil11 dren’s Asylum Claims’’ to asylum officers, immigration 

12 judges, members of the Board of Immigration Appeals, 

13 and immigration officers who have contact with children 

14 in order to familiarize and sensitize such officers to the 

15 needs of children asylum seekers. Voluntary agencies shall 

16 be allowed to assist in such training. 

17 SEC. 402. UNACCOMPANIED REFUGEE CHILDREN. 

18 (a) IDENTIFYING UNACCOMPANIED REFUGEE CHIL19 DREN.—Section 207(e) of the Immigration and Nation20 ality Act (8 U.S.C. 1157(e)) is amended— 

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

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

23 (8), respectively; and 

24 (2) by inserting after paragraph (2) the fol25 lowing: 
41 

•S 119 RS

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

2 faced by unaccompanied refugee children, by region, 

3 which shall include an assessment of— 

4 ‘‘(A) the number of unaccompanied refugee 

5 children, by region; 

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

7 State to identify such refugees; 

8 ‘‘(C) the capacity of the international com9 munity to care for and protect such refugees; 

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

11 community to resettle such refugees in the 

12 United States; 

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

14 plans to resettle such refugees in the United 

15 States in the coming fiscal year; and 

16 ‘‘(F) the fate that will befall such unac17 companied refugee children for whom resettle18 ment in the United States is not possible.’’. 

19 (b) TRAINING ON THE NEEDS OF UNACCOMPANIED

20 REFUGEE CHILDREN.—Section 207(f)(2) of the Immigra21 tion and Nationality Act (8 U.S.C. 1157(f)(2)) is amended 

22 by— 

23 (1) striking ‘‘and’’ after ‘‘countries,’’; and 
42 

•S 119 RS

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

2 following: ‘‘, and instruction on the needs of unac3 companied refugee children’’. 

4 SEC. 403. EXCEPTIONS FOR UNACCOMPANIED ALIEN CHIL5 DREN IN ASYLUM AND REFUGEE-LIKE CIR6 CUMSTANCES. 

7 (a) PLACEMENT IN REMOVAL PROCEEDINGS.—Any 

8 unaccompanied alien child apprehended by the Direc9 torate, except for an unaccompanied alien child subject to 

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

11 (101)(a), shall be placed in removal proceedings under sec12 tion 240 of the Immigration and Nationality Act (8 U.S.C. 

13 1229a). 

14 (b) EXCEPTION FROM TIME LIMIT FOR FILING ASY15 LUM APPLICATION.—Section 208(a)(2) of the Immigra16 tion and Nationality Act (8 U.S.C. 1158(a)(2)) is amend17 ed by adding at the end the following: 

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

19 and (B) shall not apply to an unaccompanied 

20 alien child as defined in section 101(a)(51).’’. 

21 TITLE V—AUTHORIZATION OF 

22 APPROPRIATIONS 

23 SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 

24 (a) IN GENERAL.—There are authorized to be appro25 priated to the Department of Homeland Security, the De-
43 

•S 119 RS

1 partment of Justice, and the Department of Health and 

2 Human Services, such sums as may be necessary to carry 

3 out— 

4 (1) the provisions of section 462 of the Home5 land Security Act of 2002 (6 U.S.C. 279); and 

6 (2) the provisions of this Act. 

7 (b) AVAILABILITY OF FUNDS.—Amounts appro8 priated pursuant to subsection (a) shall remain available 

9 until expended. 

10 TITLE VI—AMENDMENTS TO THE 

11 HOMELAND SECURITY ACT 

12 OF 2002 

13 SEC. 601. ADDITIONAL RESPONSIBILITIES AND POWERS OF 

14 THE OFFICE OF REFUGEE RESETTLEMENT 

15 WITH RESPECT TO UNACCOMPANIED ALIEN 

16 CHILDREN. 

17 (a) ADDITIONAL RESPONSIBILITIES OF THE DIREC18 TOR.—Section 462(b)(1) of the Homeland Security Act of 

19 2002 (6 U.S.C. 279(b)(1)) is amended— 

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

21 the end; 

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

23 at the end and inserting ‘‘, including regular follow24 up visits to such facilities, placements, and other en-
44 

•S 119 RS

1 tities, to assess the continued suitability of such 

2 placements; and’’; and 

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

4 ‘‘(M) ensuring minimum standards of care 

5 for all unaccompanied alien children— 

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

7 and 

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

9 alternative to detention.’’. 

10 (b) ADDITIONAL POWERS OF THE DIRECTOR.—Sec11 tion 462(b) of the Homeland Security Act of 2002 (6 

12 U.S.C. 279(b)) is amended by adding at the end the fol13 lowing: 

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

15 under paragraph (3), the Director is authorized to— 

16 ‘‘(A) contract with service providers to per17 form the services described in sections 102, 

18 103, 201, and 202 of the Unaccompanied Alien 

19 Child Protection Act of 2005; and 

20 ‘‘(B) compel compliance with the terms 

21 and conditions set forth in section 103 of the 

22 Unaccompanied Alien Child Protection Act of 

23 2005, including the power to— 

24 ‘‘(i) declare providers to be in breach 

25 and seek damages for noncompliance; 
45 

•S 119 RS

1 ‘‘(ii) terminate the contracts of pro2 viders that are not in compliance with such 

3 conditions; and 

4 ‘‘(iii) reassign any unaccompanied 

5 alien child to a similar facility that is in 

6 compliance with such section.’’. 

7 SEC. 602. TECHNICAL CORRECTIONS. 

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

9 (6 U.S.C. 279(b)), as amended by section 601, is amend10 ed— 

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

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

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

14 ‘‘(5) STATUTORY CONSTRUCTION.—Nothing in 

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

16 a bond be posted for unaccompanied alien children 

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

18 SEC. 603. EFFECTIVE DATE. 

19 The amendments made by this title shall take effect 

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

21 U.S.C. 101 et seq.). 
Calendar No. 74 

109TH CONGRESS 

1ST SESSION S. 119 

A BILL 

To provide for the protection of unaccompanied 

alien children, and for other purposes. 

APRIL 14, 2005 

Reported with an amendment