II 

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, and Mr. FEINGOLD) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To provide for the protection of unaccompanied alien 

children, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Unaccompanied Alien Child Protection Act of 2005’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents 

Sec. 2. Definitions 

TITLE I—CUSTODY, RELEASE, FAMILY REUNIFICATION, AND 

DETENTION 
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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 

1 SEC. 2. DEFINITIONS. 

2 (a) IN GENERAL.—In this Act: 

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

4 reference to counsel, means an attorney who— 

5 (A) complies with the duties set forth in 

6 this Act; 
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1 (B) is a member in good standing of the 

2 bar of the highest court of any State, posses3 sion, territory, Commonwealth, or the District 

4 of Columbia; 

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

6 suspending, enjoining, restraining, disbarring, 

7 or otherwise restricting the attorney in the 

8 practice of law; and 

9 (D) is properly qualified to handle matters 

10 involving unaccompanied immigrant children or 

11 is working under the auspices of a qualified 

12 nonprofit organization that is experienced in 

13 handling such matters. 

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

15 the Director of the Office. 

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

17 means the Directorate of Border and Transportation 

18 Security established by section 401 of the Homeland 

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

20 (4) OFFICE.—The term ‘‘Office’’ means the Of21 fice of Refugee Resettlement established by section 

22 411 of the Immigration and Nationality Act (8 

23 U.S.C. 1521). 

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

25 the Secretary of Homeland Security. 
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1 (6) UNACCOMPANIED ALIEN CHILD.—The term 

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

3 the term in section 462(g)(2) of the Homeland Secu4 rity Act of 2002 (6 U.S.C. 279(g)(2)). 

5 (7) VOLUNTARY AGENCY.—The term ‘‘vol6 untary agency’’ means a private, nonprofit voluntary 

7 agency with expertise in meeting the cultural, devel8 opmental, or psychological needs of unaccompanied 

9 alien children, as certified by the Director. 

10 (b) AMENDMENTS TO THE IMMIGRATION AND NA11 TIONALITY ACT.—Section 101(a) of the Immigration and 

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

13 at the end the following: 

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

15 a child who— 

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

17 United States; 

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

19 ‘‘(C) with respect to whom— 

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

21 the United States; or 

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

23 United States is able to provide care and phys24 ical custody. 
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1 ‘‘(52) 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 (c) RULE OF CONSTRUCTION.—A department or 

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

9 a State court or juvenile court located in the United 

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

11 legal guardian for purposes of section 462 of the Home12 land Security Act of 2002 (6 U.S.C. 279) or this Act. 

13 TITLE I—CUSTODY, RELEASE, 

14 FAMILY REUNIFICATION, AND 

15 DETENTION 

16 SEC. 101. PROCEDURES WHEN ENCOUNTERING UNACCOM17 PANIED ALIEN CHILDREN. 

18 (a) UNACCOMPANIED CHILDREN FOUND ALONG THE

19 UNITED STATES BORDER OR AT UNITED STATES PORTS

20 OF ENTRY.— 

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

22 an immigration officer finds an unaccompanied alien 

23 child who is described in paragraph (2) at a land 

24 border or port of entry of the United States and de25 termines that such child is inadmissible under the 
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1 Immigration and Nationality Act (8 U.S.C. 1101 et 

2 seq.), the officer shall— 

3 (A) permit such child to withdraw the 

4 child’s application for admission pursuant to 

5 section 235(a)(4) of the Immigration and Na6 tionality Act (8 U.S.C. 1225(a)(4)); and 

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

8 of nationality or country of last habitual resi9 dence. 

10 (2) SPECIAL RULE FOR CONTIGUOUS COUN11 TRIES.— 

12 (A) IN GENERAL.—Any child who is a na13 tional or habitual resident of a country that is 

14 contiguous with the United States and that has 

15 an agreement in writing with the United States 

16 providing for the safe return and orderly repa17 triation of unaccompanied alien children who 

18 are nationals or habitual residents of such 

19 country shall be treated in accordance with 

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

21 case-by-case basis that— 

22 (i) such child is a national or habitual 

23 resident of a country described in this sub24 paragraph; 
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1 (ii) such child does not have a fear of 

2 returning to the child’s country of nation3 ality or country of last habitual residence 

4 owing to a fear of persecution; 

5 (iii) the return of such child to the 

6 child’s country of nationality or country of 

7 last habitual residence would not endanger 

8 the life or safety of such child; and 

9 (iv) the child is able to make an inde10 pendent decision to withdraw the child’s 

11 application for admission due to age or 

12 other lack of capacity. 

13 (B) RIGHT OF CONSULTATION.—Any child 

14 described in subparagraph (A) shall have the 

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

16 child’s native language— 

17 (i) to consult with a consular officer 

18 from the child’s country of nationality or 

19 country of last habitual residence prior to 

20 repatriation; and 

21 (ii) to consult, telephonically, with the 

22 Office. 

23 (3) RULE FOR APPREHENSIONS AT THE BOR24 DER.—The custody of unaccompanied alien children 

25 not described in paragraph (2) who are apprehended 
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1 at the border of the United States or at a United 

2 States port of entry shall be treated in accordance 

3 with subsection (b). 

4 (b) CARE AND CUSTODY OF UNACCOMPANIED ALIEN

5 CHILDREN FOUND IN THE INTERIOR OF THE UNITED

6 STATES.— 

7 (1) ESTABLISHMENT OF JURISDICTION.— 

8 (A) IN GENERAL.—Except as otherwise 

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

10 subsection (a), the care and custody of all unac11 companied alien children, including responsi12 bility for their detention, where appropriate, 

13 shall be under the jurisdiction of the Office. 

14 (B) EXCEPTION FOR CHILDREN WHO HAVE

15 COMMITTED CRIMES.—Notwithstanding sub16 paragraph (A), the Directorate shall retain or 

17 assume the custody and care of any unaccom18 panied alien child who— 

19 (i) has been charged with any felony, 

20 excluding offenses proscribed by the Immi21 gration and Nationality Act (8 U.S.C. 

22 1101 et seq.), while such charges are pend23 ing; or 

24 (ii) has been convicted of any such fel25 ony. 
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1 (C) EXCEPTION FOR CHILDREN WHO

2 THREATEN NATIONAL SECURITY.—Notwith3 standing subparagraph (A), the Directorate 

4 shall retain or assume the custody and care of 

5 an unaccompanied alien child if the Secretary 

6 has substantial evidence, based on an individ7 ualized determination, that such child could 

8 personally endanger the national security of the 

9 United States. 

10 (D) TRAFFICKING VICTIMS.—For purposes 

11 of section 462 of the Homeland Security Act of 

12 2002 (6 U.S.C. 279) and this Act, an unaccom13 panied alien child who is eligible for services au14 thorized under the Victims of Trafficking and 

15 Violence Protection Act of 2000 (Public Law 

16 106–386), shall be considered to be in the cus17 tody of the Office. 

18 (2) NOTIFICATION.— 

19 (A) IN GENERAL.—The Secretary shall 

20 promptly notify the Office upon— 

21 (i) the apprehension of an unaccom22 panied alien child; 

23 (ii) the discovery that an alien in the 

24 custody of the Directorate is an unaccom25 panied alien child; 
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1 (iii) any claim by an alien in the cus2 tody of the Directorate that such alien is 

3 under the age of 18; or 

4 (iv) any suspicion that an alien in the 

5 custody of the Directorate who has claimed 

6 to be over the age of 18 is actually under 

7 the age of 18. 

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

9 alien described in clause (iii) or (iv) of subpara10 graph (A), the Director shall make an age de11 termination in accordance with section 105 and 

12 take whatever other steps are necessary to de13 termine whether such alien is eligible for treat14 ment under section 462 of the Homeland Secu15 rity Act of 2002 (6 U.S.C. 279) or this Act. 

16 (3) TRANSFER OF UNACCOMPANIED ALIEN

17 CHILDREN.— 

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

19 and custody of an unaccompanied alien child 

20 shall be transferred to the Office— 

21 (i) in the case of a child not described 

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

23 (1), not later than 72 hours after a deter24 mination is made that such child is an un25 accompanied alien child; 
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1 (ii) in the case of a child whose cus2 tody and care has been retained or as3 sumed by the Directorate pursuant to sub4 paragraph (B) or (C) of paragraph (1), 

5 immediately following a determination that 

6 the child no longer meets the description 

7 set forth in such subparagraphs; or 

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

9 previously released to an individual or enti10 ty described in section 102(a)(1), upon a 

11 determination by the Director that such in12 dividual or entity is no longer able to care 

13 for the child. 

14 (B) TRANSFER TO THE DIRECTORATE.— 

15 Upon determining that a child in the custody of 

16 the Office is described in subparagraph (B) or 

17 (C) of paragraph (1), the Director shall trans18 fer the care and custody of such child to the 

19 Directorate. 

20 (C) PROMPTNESS OF TRANSFER.—In the 

21 event of a need to transfer a child under this 

22 paragraph, the sending office shall make 

23 prompt arrangements to transfer such child and 

24 the receiving office shall make prompt arrange25 ments to receive such child. 
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1 (c) AGE DETERMINATIONS.—In any case in which 

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

3 questions about the age of such alien would affect the 

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

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

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

7 such age requirements shall be made by the Director in 

8 accordance with section 105. 

9 SEC. 102. FAMILY REUNIFICATION FOR UNACCOMPANIED 

10 ALIEN CHILDREN WITH RELATIVES IN THE 

11 UNITED STATES. 

12 (a) PLACEMENT AUTHORITY.— 

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

14 discretion of the Director under paragraph (4), sec15 tion 103(a)(2), and section 462(b)(2) of the Home16 land Security Act of 2002 (6 U.S.C. 279(b)(2)), an 

17 unaccompanied alien child in the custody of the Of18 fice shall be promptly placed with 1 of the following 

19 individuals or entities in the following order of pref20 erence: 

21 (A) A parent who seeks to establish cus22 tody, as described in paragraph (3)(A). 

23 (B) A legal guardian who seeks to estab24 lish custody, as described in paragraph (3)(A). 

25 (C) An adult relative. 
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1 (D) An individual or entity designated by 

2 the parent or legal guardian that is capable and 

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

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

5 home, or foster care program willing to accept 

6 physical custody of the child. 

7 (F) A qualified adult or entity seeking cus8 tody of the child when it appears that there is 

9 no other likely alternative to long-term deten10 tion and family reunification does not appear to 

11 be a reasonable alternative. For purposes of 

12 this subparagraph, the Office shall decide who 

13 is a qualified adult or entity and promulgate 

14 regulations in accordance with such decision. 

15 (2) SUITABILITY ASSESSMENT.—Notwith16 standing paragraph (1), no unaccompanied alien 

17 child shall be placed with a person or entity unless 

18 a valid suitability assessment conducted by an agen19 cy of the State of the child’s proposed residence, by 

20 an agency authorized by that State to conduct such 

21 an assessment, or by an appropriate voluntary agen22 cy contracted with the Office to conduct such assess23 ments, has found that the person or entity is capable 

24 of providing for the child’s physical and mental well25 being. 
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1 (3) RIGHT OF PARENT OR LEGAL GUARDIAN TO

2 CUSTODY OF UNACCOMPANIED ALIEN CHILD.— 

3 (A) PLACEMENT WITH PARENT OR LEGAL

4 GUARDIAN.—If an unaccompanied alien child is 

5 placed with any person or entity other than a 

6 parent or legal guardian, and subsequent to 

7 that placement a parent or legal guardian seeks 

8 to establish custody, the Director shall— 

9 (i) assess the suitability of placing the 

10 child with the parent or legal guardian; 

11 and 

12 (ii) make a written determination on 

13 the child’s placement within 30 days. 

14 (B) RULE OF CONSTRUCTION.—Nothing in 

15 this Act shall be construed to— 

16 (i) supersede obligations under any 

17 treaty or other international agreement to 

18 which the United States is a party, includ19 ing The Hague Convention on the Civil As20 pects of International Child Abduction, the 

21 Vienna Declaration and Program of Ac22 tion, and the Declaration of the Rights of 

23 the Child; or 

24 (ii) limit any right or remedy under 

25 such international agreement. 
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1 (4) PROTECTION FROM SMUGGLERS AND TRAF2 FICKERS.— 

3 (A) POLICIES AND PROGRAMS.— 

4 (i) IN GENERAL.—The Director shall 

5 establish policies and programs to ensure 

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

8 persons seeking to victimize or otherwise 

9 engage such children in criminal, harmful, 

10 or exploitative activity. 

11 (ii) WITNESS PROTECTION PROGRAMS

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

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

18 and any grantee or contractor of the Office, 

19 who suspects any individual of involvement in 

20 any activity described in subparagraph (A) shall 

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

24 (C) DISCIPLINARY ACTION.—Any officer or 

25 employee of the Office or the Department of 
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1 Homeland Security, and any grantee or con2 tractor of the Office, who suspects an attorney 

3 of involvement in any activity described in sub4 paragraph (A) shall report the individual to the 

5 State bar association of which the attorney is a 

6 member, or to other appropriate disciplinary 

7 authorities, for appropriate disciplinary action, 

8 which may include private or public admonition 

9 or censure, suspension, or disbarment of the at10 torney from the practice of law. 

11 (5) GRANTS AND CONTRACTS.—The Director 

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

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

15 U.S.C. 279). 

16 (6) REIMBURSEMENT OF STATE EXPENSES.— 

17 The Director may reimburse States for any expenses 

18 they incur in providing assistance to unaccompanied 

19 alien children who are served pursuant to this Act 

20 or section 462 of the Homeland Security Act of 

21 2002 (6 U.S.C. 279). 

22 (b) CONFIDENTIALITY.—All information obtained by 

23 the Office relating to the immigration status of a person 

24 described in subparagraphs (A), (B), and (C) of sub25 section (a)(1) shall remain confidential and may be used 
17 

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1 only for the purposes of determining such person’s quali2 fications under subsection (a)(1). 

3 (c) REQUIRED DISCLOSURE.—The Secretary of 

4 Health and Human Services or the Secretary of Homeland 

5 Security shall provide the information furnished under 

6 this section, and any other information derived from such 

7 furnished information, to— 

8 (1) a duly recognized law enforcement entity in 

9 connection with an investigation or prosecution of an 

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

11 212(a) of the Immigration and Nationality Act (8 

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

13 in writing by such entity; or 

14 (2) an official coroner for purposes of affirma15 tively identifying a deceased individual (whether or 

16 not such individual is deceased as a result of a 

17 crime). 

18 (d) PENALTY.—Whoever knowingly uses, publishes, 

19 or permits information to be examined in violation of this 

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

21 SEC. 103. APPROPRIATE CONDITIONS FOR DETENTION OF 

22 UNACCOMPANIED ALIEN CHILDREN. 

23 (a) STANDARDS FOR PLACEMENT.— 

24 (1) PROHIBITION OF DETENTION IN CERTAIN

25 FACILITIES.—Except as provided in paragraph (2), 
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1 an unaccompanied alien child shall not be placed in 

2 an adult detention facility or a facility housing delin3 quent children. 

4 (2) DETENTION IN APPROPRIATE FACILITIES.— 

5 An unaccompanied alien child who has exhibited a 

6 violent or criminal behavior that endangers others 

7 may be detained in conditions appropriate to such 

8 behavior in a facility appropriate for delinquent chil9 dren. 

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

11 placed with an entity described in section 

12 102(a)(1)(E), unless the entity is licensed by an ap13 propriate State agency to provide residential, group, 

14 child welfare, or foster care services for dependent 

15 children. 

16 (4) CONDITIONS OF DETENTION.— 

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

18 Secretary of Homeland Security shall promul19 gate regulations incorporating standards for 

20 conditions of detention in such placements that 

21 provide for— 

22 (i) educational services appropriate to 

23 the child; 

24 (ii) medical care; 
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1 (iii) mental health care, including 

2 treatment of trauma, physical and sexual 

3 violence, or abuse; 

4 (iv) access to telephones; 

5 (v) access to legal services; 

6 (vi) access to interpreters; 

7 (vii) supervision by professionals 

8 trained in the care of children, taking into 

9 account the special cultural, linguistic, and 

10 experiential needs of children in immigra11 tion proceedings; 

12 (viii) recreational programs and activi13 ties; 

14 (ix) spiritual and religious needs; and 

15 (x) dietary needs. 

16 (B) NOTIFICATION OF CHILDREN.—Regu17 lations promulgated under subparagraph (A) 

18 shall provide that all children are notified of 

19 such standards orally and in writing in the 

20 child’s native language. 

21 (b) PROHIBITION OF CERTAIN PRACTICES.—The Di22 rector and the Secretary shall develop procedures prohib23 iting the unreasonable 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 Stipulated Settlement Agreement under Flores v. 

8 Reno. 

9 SEC. 104. REPATRIATED UNACCOMPANIED ALIEN CHIL10 DREN. 

11 (a) COUNTRY CONDITIONS.— 

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

13 Congress that, to the extent consistent with the trea14 ties and other international agreements to which the 

15 United States is a party, and to the extent prac16 ticable, the United States Government should under17 take efforts to ensure that it does not repatriate 

18 children in its custody into settings that would 

19 threaten the life and safety of such children. 

20 (2) ASSESSMENT OF CONDITIONS.— 

21 (A) IN GENERAL.—The annual Country 

22 Reports on Human Rights Practices published 

23 by the Department of State shall contain an as24 sessment of the degree to which each country 
21 

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1 protects children from smugglers and traf2 fickers. 

3 (B) FACTORS FOR ASSESSMENT.—The Di4 rectorate shall consult the Country Reports on 

5 Human Rights Practices and the Trafficking in 

6 Persons Report in assessing whether to repa7 triate an unaccompanied alien child to a par8 ticular country. 

9 (b) REPORT ON REPATRIATION OF UNACCOMPANIED

10 ALIEN CHILDREN.— 

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

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

13 thereafter, the Secretary shall submit a report to the 

14 Committee on the Judiciary of the Senate and the 

15 Committee on the Judiciary of the House of Rep16 resentatives on efforts to repatriate unaccompanied 

17 alien children. 

18 (2) CONTENTS.—The report submitted under 

19 paragraph (1) shall include— 

20 (A) the number of unaccompanied alien 

21 children ordered removed and the number of 

22 such children actually removed from the United 

23 States; 

24 (B) a description of the type of immigra25 tion relief sought and denied to such children; 
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1 (C) a statement of the nationalities, ages, 

2 and gender of such children; 

3 (D) a description of the procedures used to 

4 effect the removal of such children from the 

5 United States; 

6 (E) a description of steps taken to ensure 

7 that such children were safely and humanely re8 patriated to their country of origin; and 

9 (F) any information gathered in assess10 ments of country and local conditions pursuant 

11 to subsection (a)(2). 

12 SEC. 105. ESTABLISHING THE AGE OF AN UNACCOMPANIED 

13 ALIEN CHILD. 

14 (a) PROCEDURES.— 

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

16 procedures to make a prompt determination of the 

17 age of an alien in the custody of the Department of 

18 Homeland Security or the Office, when the age of 

19 the alien is at issue. 

20 (2) EVIDENCE.—The procedures developed 

21 under paragraph (1) shall— 

22 (A) permit the presentation of multiple 

23 forms of evidence, including testimony of the 

24 child, to determine the age of the unaccom-
23 

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1 panied alien for purposes of placement, custody, 

2 parole, and detention; and 

3 (B) allow the appeal of a determination to 

4 an immigration judge. 

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

6 Homeland Security shall permit the Office to have 

7 reasonable access to aliens in the custody of the Sec8 retary so as to ensure a prompt determination of the 

9 age of such alien. 

10 (b) PROHIBITION ON SOLE MEANS OF DETERMINING

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

12 be used as the sole means of determining age for the pur13 poses of determining an alien’s eligibility for treatment 

14 under this Act or section 462 of the Homeland Security 

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

16 (c) RULE OF CONSTRUCTION.—Nothing in this sec17 tion shall be construed to place the burden of proof in 

18 determining the age of an alien on the government. 

19 SEC. 106. EFFECTIVE DATE. 

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

21 days after the date of enactment of this Act. 
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1 TITLE II—ACCESS BY UNACCOM2 PANIED ALIEN CHILDREN TO 

3 GUARDIANS AD LITEM AND 

4 COUNSEL 

5 SEC. 201. GUARDIANS AD LITEM. 

6 (a) ESTABLISHMENT OF GUARDIAN AD LITEM PRO7 GRAM.— 

8 (1) APPOINTMENT.—The Director may appoint 

9 a guardian ad litem, who meets the qualifications 

10 described in paragraph (2), for an unaccompanied 

11 alien child. The Director is encouraged, wherever 

12 practicable, to contract with a voluntary agency for 

13 the selection of an individual to be appointed as a 

14 guardian ad litem under this paragraph. 

15 (2) QUALIFICATIONS OF GUARDIAN AD

16 LITEM.— 

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

18 as a guardian ad litem unless such person— 

19 (i) is a child welfare professional or 

20 other individual who has received training 

21 in child welfare matters; and 

22 (ii) possesses special training on the 

23 nature of problems encountered by unac24 companied alien children. 
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1 (B) PROHIBITION.—A guardian ad litem 

2 shall not be an employee of the Directorate, the 

3 Office, or the Executive Office for Immigration 

4 Review. 

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

6 (A) conduct interviews with the child in a 

7 manner that is appropriate, taking into account 

8 the child’s age; 

9 (B) investigate the facts and circumstances 

10 relevant to the child’s presence in the United 

11 States, including facts and circumstances— 

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

13 nationality or last habitual residence; and 

14 (ii) arising subsequent to the child’s 

15 departure from such country; 

16 (C) work with counsel to identify the 

17 child’s eligibility for relief from removal or vol18 untary departure by sharing with counsel infor19 mation collected under subparagraph (B); 

20 (D) develop recommendations on issues 

21 relative to the child’s custody, detention, re22 lease, and repatriation; 

23 (E) take reasonable steps to ensure that— 

24 (i) the best interests of the child are 

25 promoted while the child participates in, or 
26 

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1 is subject to, proceedings or matters under 

2 the Immigration and Nationality Act (8 

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

4 (ii) the child understands the nature 

5 of the legal proceedings or matters and de6 terminations made by the court, and that 

7 all information is conveyed to the child in 

8 an age-appropriate manner; and 

9 (F) report factual findings relating to— 

10 (i) information collected under sub11 paragraph (B); 

12 (ii) the care and placement of the 

13 child during the pendency of the pro14 ceedings or matters; and 

15 (iii) any other information collected 

16 under subparagraph (D). 

17 (4) TERMINATION OF APPOINTMENT.—The 

18 guardian ad litem shall carry out the duties de19 scribed in paragraph (3) until the earliest of the 

20 date on which— 

21 (A) those duties are completed; 

22 (B) the child departs the United States; 

23 (C) the child is granted permanent resi24 dent status in the United States; 

25 (D) the child attains the age of 18; or 
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1 (E) the child is placed in the custody of a 

2 parent or legal guardian. 

3 (5) POWERS.—The guardian ad litem— 

4 (A) shall have reasonable access to the 

5 child, including access while such child is being 

6 held in detention or in the care of a foster fam7 ily; 

8 (B) shall be permitted to review all records 

9 and information relating to such proceedings 

10 that are not deemed privileged or classified; 

11 (C) may seek independent evaluations of 

12 the child; 

13 (D) shall be notified in advance of all hear14 ings or interviews involving the child that are 

15 held in connection with proceedings or matters 

16 under the Immigration and Nationality Act (8 

17 U.S.C. 1101 et seq.), and shall be given a rea18 sonable opportunity to be present at such hear19 ings or interviews; 

20 (E) shall be permitted to consult with the 

21 child during any hearing or interview involving 

22 such child; and 

23 (F) shall be provided at least 24 hours ad24 vance notice of a transfer of that child to a dif25 ferent placement, absent compelling and un-
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1 usual circumstances warranting the transfer of 

2 such child before such notification. 

3 (b) TRAINING.— 

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

5 professional training for all persons serving as 

6 guardians ad litem under this section. 

7 (2) TRAINING TOPICS.—The training provided 

8 under paragraph (1) shall include training in— 

9 (A) the circumstances and conditions that 

10 unaccompanied alien children face; and 

11 (B) various immigration benefits for which 

12 such alien child might be eligible. 

13 (c) PILOT PROGRAM.— 

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

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

16 shall establish and begin to carry out a pilot pro17 gram to test the implementation of subsection (a). 

18 (2) PURPOSE.—The purpose of the pilot pro19 gram established under paragraph (1) is to— 

20 (A) study and assess the benefits of pro21 viding guardians ad litem to assist unaccom22 panied alien children involved in immigration 

23 proceedings or matters; 
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1 (B) assess the most efficient and cost-ef2 fective means of implementing the guardian ad 

3 litem provisions in this section; and 

4 (C) assess the feasibility of implementing 

5 such provisions on a nationwide basis for all un6 accompanied alien children in the care of the 

7 Office. 

8 (3) SCOPE OF PROGRAM.— 

9 (A) SELECTION OF SITE.—The Director 

10 shall select 3 sites in which to operate the pilot 

11 program established under paragraph (1). 

12 (B) NUMBER OF CHILDREN.—To the 

13 greatest extent possible, each site selected 

14 under subparagraph (A) should have at least 25 

15 children held in immigration custody at any 

16 given time. 

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

18 year after the date on which the first pilot program 

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

20 shall submit a report on the achievement of the pur21 poses described in paragraph (2) to the Committee 

22 on the Judiciary of the Senate and the Committee 

23 on the Judiciary of the House of Representatives. 

24 SEC. 202. COUNSEL. 

25 (a) ACCESS TO COUNSEL.— 
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1 (1) IN GENERAL.—The Director should ensure 

2 that all unaccompanied alien children in the custody 

3 of the Office or the Directorate, who are not de4 scribed in section 101(a)(2), have competent counsel 

5 to represent them in immigration proceedings or 

6 matters. 

7 (2) PRO BONO REPRESENTATION.—To the max8 imum extent practicable, the Director should— 

9 (A) make every effort to utilize the services 

10 of competent pro bono counsel who agree to 

11 provide representation to such children without 

12 charge; and 

13 (B) ensure that placements made under 

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

15 102(a)(1) are in cities where there is a dem16 onstrated capacity for competent pro bono rep17 resentation. 

18 (3) DEVELOPMENT OF NECESSARY INFRA19 STRUCTURES AND SYSTEMS.—In ensuring that legal 

20 representation is provided to unaccompanied alien 

21 children, the Director shall develop the necessary 

22 mechanisms to identify entities available to provide 

23 such legal assistance and representation and to re24 cruit such entities. 
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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. 
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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. 
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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.— 
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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 SEC. 203. EFFECTIVE DATE; APPLICABILITY. 

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

21 180 days after the date of enactment of this Act. 

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

23 apply to all unaccompanied alien children in Federal cus24 tody on, before, or after the effective date of this title. 
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1 TITLE III—STRENGTHENING 

2 POLICIES FOR PERMANENT 

3 PROTECTION OF ALIEN CHIL4 DREN 

5 SEC. 301. SPECIAL IMMIGRANT JUVENILE VISA. 

6 (a) J VISA.—Section 101(a)(27)(J) of the Immigra7 tion and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is 

8 amended to read as follows: 

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

10 younger on the date of application and who is 

11 present in the United States— 

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

13 binding on the Secretary of Homeland Security 

14 for purposes of adjudications under this sub15 paragraph, was declared dependent on a juve16 nile court located in the United States or whom 

17 such a court has legally committed to, or placed 

18 under the custody of, a department or agency 

19 of a State, or an individual or entity appointed 

20 by a State or juvenile court located in the 

21 United States, due to abuse, neglect, abandon22 ment, or a similar basis found under State law; 

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

24 administrative or judicial proceedings that it 

25 would not be in the alien’s best interest to be 
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1 returned to the alien’s or parent’s previous 

2 country of nationality or country of last habit3 ual residence; and 

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

5 custody, for whom the Office of Refugee Reset6 tlement of the Department of Health and 

7 Human Services has certified to the Director of 

8 the Bureau of Citizenship and Immigration 

9 Services that the classification of an alien as a 

10 special immigrant under this subparagraph has 

11 not been made solely to provide an immigration 

12 benefit to that alien, 

13 except that no natural parent or prior adoptive par14 ent of any alien provided special immigrant status 

15 under this subparagraph shall thereafter, by virtue 

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

17 or status under this Act;’’. 

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

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

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

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

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

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

24 been granted relief under section 101(a)(27)(J) of the Im25 migration and Nationality Act (8 U.S.C. 1101(a)(27)(J)), 
37 

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1 shall be eligible for all funds made available under section 

2 412(d) of that Act (8 U.S.C. 1522(d)) until such time as 

3 the child attains the age designated in section 

4 412(d)(2)(B) of that Act (8 U.S.C. 1522(d)(2)(B)), or 

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

6 whichever occurs first. 

7 (d) TRANSITION RULE.—Notwithstanding any other 

8 provision of law, any child described in section 

9 101(a)(27)(J) of the Immigration and Nationality Act (8 

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

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

12 20, or 21 years of age on the date such application was 

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

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

15 SEC. 302. TRAINING FOR OFFICIALS AND CERTAIN PRIVATE 

16 PARTIES WHO COME INTO CONTACT WITH 

17 UNACCOMPANIED ALIEN CHILDREN. 

18 (a) TRAINING OF STATE AND LOCAL OFFICIALS AND

19 CERTAIN PRIVATE PARTIES.— 

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

21 Human Services, acting jointly with the Secretary, 

22 shall provide appropriate training to State and coun23 ty officials, child welfare specialists, teachers, public 

24 counsel, and juvenile judges who come into contact 

25 with unaccompanied alien children. 
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1 (2) CURRICULUM.—The training shall provide 

2 education on the processes pertaining to unaccom3 panied alien children with pending immigration sta4 tus and on the forms of relief potentially available. 

5 The Director shall be responsible for establishing a 

6 core curriculum that can be incorporated into edu7 cation, training, or orientation modules or formats 

8 that are currently used by these professionals. 

9 (b) TRAINING OF DIRECTORATE PERSONNEL.—The 

10 Secretary, acting jointly with the Secretary of Health and 

11 Human Services, shall provide specialized training to all 

12 personnel of the Directorate who come into contact with 

13 unaccompanied alien children. Training for Border Patrol 

14 agents and immigration inspectors shall include specific 

15 training on identifying children at the United States bor16 ders or at United States ports of entry who have been 

17 victimized by smugglers or traffickers, and children for 

18 whom asylum or special immigrant relief may be appro19 priate, including children described in section 101(a)(2). 

20 SEC. 303. REPORT. 

21 Not later than 1 year after the date of enactment 

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

23 Health and Human Services shall submit a report for the 

24 previous fiscal year to the Committee on the Judiciary of 
39 

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1 the Senate and the Committee on the Judiciary of the 

2 House of Representatives that contains— 

3 (1) data related to the implementation of sec4 tion 462 of the Homeland Security Act (6 U.S.C. 

5 279); 

6 (2) data regarding the care and placement of 

7 children in accordance with this Act; 

8 (3) data regarding the provision of guardian ad 

9 litem and counsel services under this Act; and 

10 (4) any other information that the Director or 

11 the Secretary of Health and Human Services deter12 mines to be appropriate. 

13 SEC. 304. EFFECTIVE DATE. 

14 The amendment made by section 301 shall apply to 

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

16 after the date of enactment of this Act. 

17 TITLE IV—CHILDREN REFUGEE 

18 AND ASYLUM SEEKERS 

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

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

21 Immigration and Naturalization Service for its issuance 

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

23 December 1998, and encourages and supports the imple24 mentation of such guidelines by the Immigration and Nat25 uralization Service (and its successor entities) in an effort 
40 

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1 to facilitate the handling of children’s asylum claims. Con2 gress calls upon the Executive Office for Immigration Re3 view of the Department of Justice to adopt the ‘‘Guide4 lines for Children’s Asylum Claims’’ in its handling of chil5 dren’s asylum claims before immigration judges and the 

6 Board of Immigration Appeals. 

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

8 comprehensive training under the ‘‘Guidelines for Chil9 dren’s Asylum Claims’’ to asylum officers, immigration 

10 judges, members of the Board of Immigration Appeals, 

11 and immigration officers who have contact with children 

12 in order to familiarize and sensitize such officers to the 

13 needs of children asylum seekers. Voluntary agencies shall 

14 be allowed to assist in such training. 

15 SEC. 402. UNACCOMPANIED REFUGEE CHILDREN. 

16 (a) IDENTIFYING UNACCOMPANIED REFUGEE CHIL17 DREN.—Section 207(e) of the Immigration and Nation18 ality Act (8 U.S.C. 1157(e)) is amended— 

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

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

21 (8), respectively; and 

22 (2) by inserting after paragraph (2) the fol23 lowing: 
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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 

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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 

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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 

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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; 
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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.). 

Æ