II

106TH CONGRESS

2D SESSION S. 3117

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

to coordinate and implement Government actions involving unaccompanied alien children; to ensure that their best interests are held paramount in immigration proceedings and actions involving them; to prescribe standards for their custody, release, and detention; to improve

policies for their permanent protection; and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 27 (legislative day, SEPTEMBER 22), 2000

Mr. DASCHLE (for Mrs. FEINSTEIN) introduced the following bill; which was

read twice and referred to the Committee on the Judiciary

A BILL

To establish an Office of Children’s Services within the Department of Justice to coordinate and implement Government actions involving unaccompanied alien children; to

ensure that their best interests are held paramount in

immigration proceedings and actions involving them; to

prescribe standards for their custody, release, and detention; to improve policies for their permanent protection;

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,
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1 SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF

2 CONTENTS.

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

4 ‘‘Unaccompanied Alien Child Protection Act of 2000’’.

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

6 provided in this Act, whenever in this Act an amendment

7 or repeal is expressed as an amendment to or repeal of

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

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

10 seq.).

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

12 this Act is as follows:

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

Sec. 2. Purposes.

Sec. 3. Definitions.

TITLE I—STRUCTURAL CHANGES

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

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

Children.

Sec. 103. Effective date.

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

AND DETENTION

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

Sec. 202. Family reunification for children with relatives in the United States.

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

Sec. 204. Report on the fate of repatriated unaccompanied children.

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

Sec. 206. Effective date.

TITLE III—ACCESS BY UNACCOMPANIED ALIEN CHILDREN TO

GUARDIANS AD LITEM AND COUNSEL

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

Sec. 302. Right of unaccompanied children to counsel.

Sec. 303. Effective date.

TITLE IV—STRENGTHENING POLICIES FOR PERMANENT

PROTECTION OF CHILDREN
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Sec. 401. Special immigrant juvenile visa.

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

Sec. 403. Child Status Protection Act.

Sec. 404. Effective dates.

TITLE V—CHILDREN REFUGEE AND ASYLUM SEEKERS

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

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

Sec. 503. Unaccompanied refugee children.

TITLE VI—REPORTS TO CONGRESS

Sec. 601. General Accounting Office report.

TITLE VII—AUTHORIZATION OF APPROPRIATIONS

Sec. 701. Authorization of appropriations.

1 SEC. 2. PURPOSES.

2 The purposes of this Act are to—

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

5 when navigating the immigration system of the

6 United States;

7 (2) establish new governmental structures to

8 ensure that the United States Government meets the

9 special needs of unaccompanied alien children;

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

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

16 reunification is not possible, placement of unaccom17 panied alien children in foster care with qualified,
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1 adult guardians or with voluntary agencies, rather

2 than placing such children in detention;

3 (5) provide minimum standards for custody of

4 unaccompanied alien children;

5 (6) ensure that unaccompanied alien children in

6 immigration proceedings have appointed counsel,

7 and that such counsel have access to the child;

8 (7) ensure that children awaiting adjudication

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

10 awaiting processing by the Service of their petitions

11 and applications; and

12 (8) strengthen opportunities for permanent pro13 tection of such children for whom such protection is

14 warranted.

15 SEC. 3. DEFINITIONS.

16 (a) IN GENERAL.—In this Act:

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

18 the Director of the Office.

19 (2) OFFICE.—The term ‘‘Office’’ means the Of20 fice of Children’s Services established by section

21 101.

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

23 Immigration and Naturalization Service.

24 (4) UNACCOMPANIED ALIEN CHILD.—The term

25 ‘‘unaccompanied alien child’’ means a child who—
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1 (A) has no lawful immigration status in

2 the United States;

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

4 (C) with respect to whom—

5 (i) there is no parent or legal guard6 ian in the United States; or

7 (ii) no parent or legal guardian in the

8 United States is able to provide care and

9 physical custody.

10 (5) VOLUNTARY AGENCY.—The term ‘‘vol11 untary agency’’ means a private, nonprofit voluntary

12 agency with expertise in meeting the legal, cultural,

13 and psychological needs of unaccompanied alien chil14 dren.

15 (b) AMENDMENTS TO THE IMMIGRATION AND NA16 TIONALITY ACT.—Section 101(a) (8 U.S.C. 1101(a)) is

17 amended by adding at the end the following new para18 graphs:

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

20 a child who—

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

22 United States;

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

24 ‘‘(C) with respect to whom—
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1 ‘‘(i) there is no parent or legal guardian in

2 the United States; or

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

4 United States is able to provide care and phys5 ical custody.

6 ‘‘(51) The term ‘unaccompanied refugee children’

7 means persons described in section 101(a)(42) who—

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

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

10 or legal guardians in the country of first asylum

11 available to provide care and physical custody.’’.

12 TITLE I—STRUCTURAL CHANGES

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

14 SERVICES.

15 (a) ESTABLISHMENT.—

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

17 the Immigration and Naturalization Service of the

18 Department of Justice the Office of Children’s Serv19 ices. The Office shall not be under the jurisdiction

20 of any district director of the Service and shall be

21 independent of any office of the Service.

22 (2) COMPONENTS.—The Office shall include

23 such other components, staff, and resources as the

24 Attorney General may determine necessary to carry

25 out the purposes of this Act.
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1 (b) RESPONSIBILITIES OF OFFICE.—Under the gen2 eral authority of the Attorney General, the Office shall be

3 responsible for coordinating and implementing law and

4 policy for unaccompanied alien children who come into the

5 custody of the Service or the Office.

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

7 SERVICES.—

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

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

10 appointed by and report directly to the Attorney

11 General.

12 (2) COMPENSATION AT LEVEL IV OF EXECU13 TIVE SCHEDULE.—Section 5315 of title 5, United

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

15 following:

16 ‘‘Director of the Office of Children’s Services.’’.

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

18 for—

19 (A) ensuring that the best interests of the

20 child are held paramount in any immigration

21 proceeding or action involving an unaccom22 panied alien child;

23 (B) make custody, release, and detention

24 determinations for all unaccompanied alien chil25 dren apprehended by the Service or who other-
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1 wise come into the custody of the Office (in

2 consultation with juvenile justice professionals,

3 where appropriate);

4 (C) implementing the custody, release, and

5 detention determinations made by the Office;

6 (D) implement, in consultation with the

7 voluntary agencies, policies with respect to the

8 care and detention of unaccompanied alien chil9 dren;

10 (E) chairing the Interagency Task Force

11 on Unaccompanied Alien Children established

12 in section 103;

13 (F) identifying a sufficient number of

14 qualified persons, entities, and facilities to

15 house unaccompanied alien children in accord16 ance with sections 202 and 203;

17 (G) overseeing the persons, entities, and

18 facilities described in sections 202 and 203 to

19 ensure their compliance with such provisions;

20 (H) compiling, updating, and publishing on

21 a quarterly basis a State-by-State list of profes22 sionals or other entities qualified to contract

23 with the Office to provide the services described

24 in sections 301 and 302;
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1 (I) maintaining statistical information and

2 other data on unaccompanied alien children in

3 the Office’s custody and care, and reporting

4 quarterly to the Judiciary Committees of the

5 House of Representatives and Senate on such

6 data, including with respect to each child—

7 (i) biographical information such as

8 the child’s name, date of birth, country of

9 birth, and country of habitual residence;

10 (ii) the date on which such child came

11 into the custody of the Service or the Of12 fice;

13 (iii) information relating to the child’s

14 placement, removal, or release from each

15 facility in which the child has resided;

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

17 placed in detention, an explanation relating

18 to the detention; and

19 (v) information relating to the disposi20 tion of any actions in which the child is the

21 subject;

22 (J) collect and compile statistical informa23 tion from the Service, including Border Patrol

24 and inspections officers, on the unaccompanied
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1 alien children with whom they come into con2 tact; and

3 (K) conduct investigations and inspections

4 of facilities and other entities in which unac5 companied alien children reside.

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

7 In carrying out the duties described in paragraph

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

9 the placement of unaccompanied alien children in

10 the foster care system established pursuant to sec11 tion 412(d)(2)(A) of the Immigration and Nation12 ality Act can and should be expanded.

13 (5) POWERS.—In carrying out the duties speci14 fied in paragraph (3), the Director shall have the

15 power to—

16 (A) contract with service providers to per17 form the services described in sections 202,

18 203, 301, and 302; and

19 (B) compel compliance with the terms and

20 conditions set forth in section 203, including

21 the power to terminate the contracts of pro22 viders that are not in compliance with such con23 ditions and reassign any child to a similar facil24 ity that is in compliance with such section.
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1 (d) NO EFFECT ON INS, EOIR, AND DEPARTMENT

2 OF STATE ADJUDICATORY RESPONSIBILITIES.—Nothing

3 in this Act may be construed to transfer the responsibility

4 for adjudicating benefit determinations under the Immi5 gration and Nationality Act from the authority of any offi6 cial of the Service, the Executive Office of Immigration

7 Review of the Department of Justice, or the Department

8 of State.

9 SEC. 102. ESTABLISHMENT OF INTERAGENCY TASK FORCE

10 ON UNACCOMPANIED ALIEN CHILDREN.

11 (a) ESTABLISHMENT.—The President shall establish

12 an Interagency Task Force on Unaccompanied Alien Chil13 dren.

14 (b) APPOINTMENT.—The President shall appoint the

15 members of the Task Force, which shall include the Com16 missioner of Immigration and Naturalization, the Assist17 ant Secretary of State for Population, Refugees, and Mi18 gration, the Director of the Office of Refugee Resettle19 ment, the Director, and such other officials as may be des20 ignated by the President.

21 (c) CHAIRMAN.—The Task Force shall be chaired by

22 the Director.

23 (d) PARTICIPATION OF NONGOVERNMENTAL ORGA24 NIZATIONS.—The Chairman of the Task Force shall es25 tablish an advisory group that includes representatives of
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1 State governments and voluntary agencies to ensure that

2 representatives of nongovernmental organizations and of

3 State governments participate regularly in the proceedings

4 of the Task Force.

5 (e) ACTIVITIES OF THE TASK FORCE.—In consulta6 tion with nongovernmental organizations, the Task Force

7 shall—

8 (1) coordinate the implementation of this Act;

9 (2) measure and evaluate the progress of the

10 United States in treating unaccompanied alien chil11 dren in United States custody; and

12 (3) expand interagency procedures to collect

13 and organize data, including significant research and

14 resource information on the needs and treatment of

15 unaccompanied alien children in the custody of the

16 United States Government.

17 SEC. 103. EFFECTIVE DATE.

18 This title shall take effect one year after the date of

19 enactment of this Act.
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1 TITLE II—PAROLE, CUSTODY,

2 RELEASE, FAMILY REUNIFI3 CATION, AND DETENTION

4 SEC. 201. PAROLE AND CUSTODY OF UNACCOMPANIED

5 ALIEN CHILDREN.

6 (a) PAROLE OF CHILDREN.—Notwithstanding sec7 tion 241(a)(5) of the Immigration and Nationality Act,

8 an unaccompanied alien child found in the United States

9 shall, in accordance with sections 202 and 203 of this Act,

10 be promptly paroled into the United States for urgent hu11 manitarian reasons under section 212(d)(5) of the Immi12 gration and Nationality Act.

13 (b) CUSTODY OF CHILDREN.—

14 (1) ESTABLISHMENT OF JURISDICTION.—The

15 custody of all unaccompanied alien children, includ16 ing responsibility for their detention, where appro17 priate, shall be under the jurisdiction of the Office.

18 (2) NOTIFICATION.—Upon apprehension of an

19 unaccompanied alien child, the Service shall prompt20 ly notify the Office.

21 (3) PHYSICAL TRANSFER OF CHILD.—Not later

22 than 24 hours after apprehension of an unaccom23 panied alien child, the physical custody of such child

24 shall be transferred to the Office.
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1 SEC. 202. FAMILY REUNIFICATION FOR CHILDREN WITH

2 RELATIVES IN THE UNITED STATES.

3 (a) PAROLE AUTHORITY.—

4 (1) ORDER OF PREFERENCE.—An unaccom5 panied alien child found in the United States shall

6 be promptly paroled under section 212(d)(5) of the

7 Immigration and Nationality Act to one of the fol8 lowing individuals in the following order of pref9 erence:

10 (A) A parent.

11 (B) A legal guardian.

12 (C) An adult relative.

13 (D) An entity designated by the parent or

14 legal guardian that is capable and willing to

15 care for the child’s well-being.

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

17 home, or foster home willing to accept legal cus18 tody of the child.

19 (F) An adult or entity seeking custody of

20 the child when it appears that there is no other

21 likely alternative to long-term detention and

22 family reunification does not appear to be a

23 reasonable alternative.

24 (2) HOME STUDY.—Notwithstanding the provi25 sions of paragraph (1), no unaccompanied alien child

26 shall be paroled to a person or entity unless a valid
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1 home-study conducted by an agency of the State of

2 the child’s proposed residence, by an agency author3 ized by that State to conduct such a study, or by an

4 appropriate voluntary agency contracted with by the

5 Office to conduct such studies has found that the

6 person or entity is capable of providing for the

7 child’s physical, mental, and financial well-being.

8 (3) PROTECTION FROM SMUGGLERS.—The Di9 rector shall take steps to ensure that unaccompanied

10 alien children are protected from smugglers or oth11 ers seeking to victimize or otherwise engage such

12 children in criminal, harmful, or exploitative activity.

13 (4) GRANTS AND CONTRACTS.—The Director is

14 authorized to make grants to, and enter into con15 tracts with, voluntary agencies to carry out the pro16 visions of this section.

17 (5) REIMBURSEMENT OF STATE EXPENSES.—

18 The Director is authorized to reimburse States for

19 any expenses they incur in providing assistance to

20 unaccompanied alien children who are served pursu21 ant to this Act.

22 (b) CONFIDENTIALITY.—All information relating to

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

24 shall remain confidential and may be used only for the
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1 purposes of determining such person’s qualifications under

2 subsection (a)(1).

3 (c) REGULATIONS.—The Attorney General shall by

4 regulation set forth criteria for parole determinations

5 under this section that take into account what is in the

6 best interests of each child.

7 SEC. 203. APPROPRIATE CONDITIONS FOR DETENTION OF

8 UNACCOMPANIED ALIEN CHILDREN.

9 (a) STANDARDS FOR SETTINGS.—

10 (1) Except as provided in paragraph (2), an un11 accompanied alien child shall not be placed in an

12 adult detention facility or a facility housing delin13 quent children.

14 (2) An unaccompanied alien child who has ex15 hibited a pattern of violent behavior that endangers

16 himself or others may be detained in a segregated

17 fashion in a facility appropriate for delinquent chil18 dren.

19 (3) The settings referred to in subsection (a)

20 must be licensed by an appropriate State agency to

21 provide residential, group, or foster care services for

22 dependent children and shall be operated by vol23 untary agencies.

24 (4) The conditions of such settings must be in

25 keeping with the bests interests of the child. At a
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1 minimum, the Director shall develop standards for

2 conditions of detention in such settings that provide

3 for—

4 (A) educational services appropriate to the

5 child’s age, language, development, and edu6 cational history;

7 (B) medical care;

8 (C) mental health care, including treat9 ment of trauma;

10 (D) access to telephones;

11 (E) access to legal services;

12 (F) access to interpreters;

13 (G) supervision by professionals trained in

14 the care of children, taking into account the

15 special cultural, linguistic, and experiential

16 needs of children in immigration proceedings;

17 (H) recreational programs and activities;

18 (I) spiritual and religious needs; and

19 (J) dietary needs.

20 (c) PROHIBITION OF CERTAIN PRACTICES.—The Di21 rector shall develop procedures prohibiting the use of—

22 (1) shackling, handcuffing, or other restraints

23 on children;

24 (2) solitary confinement; or

25 (3) pat or strip searches.
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1 (d) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to supersede procedures favoring

3 release of children to appropriate adults or entities or

4 placement in the least secure setting possible, as defined

5 in the August 12, 1996, Stipulated Settlement Agreement

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

7 practices are in accordance with this section to ensure that

8 children are promptly paroled to appropriate parties or

9 placed in appropriate shelter or foster care in keeping with

10 the best interests of the child.

11 SEC. 204. REPORT ON THE FATE OF REPATRIATED UNAC12 COMPANIED CHILDREN.

13 Beginning not later than 18 months after the date

14 of enactment of this Act, and annually thereafter, the Di15 rector shall submit a report to the Judiciary Committees

16 of the House of Representatives and Senate on the treat17 ment of children ordered removed from the United States

18 under section 240 of the Immigration and Nationality Act.

19 Such report shall include at a minimum the following in20 formation:

21 (1) The number of alien children ordered re22 moved and the number of alien children actually re23 moved from the United States;

24 (2) The type of immigration relief sought and

25 denied to such alien children.
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1 (3) The nationalities, ages, and gender of such

2 alien children.

3 (4) The procedures used to effect the removal

4 of alien children from the United States.

5 (5) Steps taken to ensure that alien children re6 moved to their countries of origin are returned safe7 ly and in keeping with their best interests.

8 SEC. 205. ESTABLISHING THE AGE OF AN UNACCOMPANIED

9 ALIEN CHILD.

10 The Director shall develop procedures that permit the

11 presentation and consideration of a variety of forms of evi12 dence, including testimony of a child and other persons,

13 to determine a child’s age for purposes of custody, parole,

14 and detention. Such procedures shall allow the appeal of

15 a determination to an immigration judge. Dental

16 radiographs shall not be the sole means of determining

17 age.

18 SEC. 206. EFFECTIVE DATE.

19 This title shall become effective one year after the

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

21 shall apply to all unaccompanied children in the custody

22 of the Service or Office on, before, or after the date of

23 enactment of this Act.
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1 TITLE III—ACCESS BY UNAC2 COMPANIED ALIEN CHIL3 DREN TO GUARDIANS AD

4 LITEM AND COUNSEL

5 SEC. 301. RIGHT OF UNACCOMPANIED CHILDREN TO

6 GUARDIANS AD LITEM.

7 (a) GUARDIAN AD LITEM.—

8 (1) APPOINTMENT.—The Director shall appoint

9 a guardian ad litem who meets the qualifications de10 scribed in paragraph (3) for each unaccompanied

11 alien child not later than 72 hours after the Office

12 assumes physical or constructive custody of such

13 child. In appointing such guardian ad litem, the Di14 rector is encouraged, wherever possible, to contract

15 with voluntary agencies that meet the qualifications

16 described in paragraph (2).

17 (2) QUALIFICATIONS OF GUARDIAN AD

18 LITEM.—

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

20 litem who is not—

21 (i) a child welfare professional or

22 other individual who has received training

23 in child welfare matters; and
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1 (ii) possessing of special training on

2 the nature of problems encountered by un3 accompanied alien children.

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

5 employee of the Service.

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

7 (A) conduct interviews with the child in a

8 manner that is appropriate, taking into account

9 the child’s age;

10 (B) investigate the facts and circumstances

11 relevant to such child’s presence in the United

12 States, including facts and circumstances aris13 ing in the country of the child’s nationality or

14 last habitual residence and facts and cir15 cumstances arising subsequent to the child’s de16 parture from such country;

17 (C) develop recommendations on whether

18 the child should voluntarily depart from the

19 United States or apply for relief from removal;

20 (D) develop recommendations on issues

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

22 release;

23 (E) otherwise ensure that the child’s best

24 interests are promoted while the child partici-
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1 pates in, or is subject to, proceedings or actions

2 under the Immigration and Nationality Act;

3 (F) ensure that the child understands such

4 determinations and proceedings; and

5 (G) report findings and recommendations

6 to the Director of the Office and the Executive

7 Office of Immigration Review.

8 (4) TERMINATION OF APPOINTMENT.—The

9 guardian ad litem shall carry out the duties de10 scribed in paragraph (3) until—

11 (A) they are completed,

12 (B) the child departs the United States,

13 (C) the child is granted permanent resi14 dent status in the United States, or

15 (D) the child attains the age of 18,

16 whichever occurs first.

17 (5) POWERS.—The guardian ad litem—

18 (A) shall have access to the child at all

19 times, including while such child is being held

20 in detention or in the care of a foster family;

21 (B) shall be permitted to review all records

22 and information relating to such proceedings;

23 (C) may seek independent evaluations of

24 the child;
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1 (D) shall be present at all hearings involv2 ing the child that are held in connection with

3 proceedings under the Immigration and Nation4 ality Act; and

5 (E) shall be permitted to consult with the

6 child during any hearing or interview involving

7 such child.

8 (b) TRAINING.—The Director shall provide profes9 sional training for all persons serving as guardians ad

10 litem under this section in the circumstances and condi11 tions that unaccompanied alien children face as well as

12 in the various immigration benefits for which such a child

13 might be eligible.

14 SEC. 302. RIGHT OF UNACCOMPANIED CHILDREN TO COUN15 SEL.

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

17 that all unaccompanied alien children shall have counsel,

18 including, if necessary, counsel appointed by the Director

19 at the expense of the Government.

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

21 Director is encouraged, wherever possible, to contract with

22 appropriate voluntary agencies with expertise in meeting

23 the legal needs of children in immigration proceedings.
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1 (c) DUTIES.—Counsel shall represent the child in all

2 proceedings and actions relating to the child’s immigration

3 status or other actions involving the Service.

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

5 the child, including while such child is being held in deten6 tion or in the care of a foster family.

7 (e) TERMINATION OF APPOINTMENT.—Counsel shall

8 carry out the duties described in subsection (b) until—

9 (1) they are completed,

10 (2) the child departs the United States,

11 (3) the child is granted withholding of removal

12 under section 241(b)(3) of the Immigration and Na13 tionality Act,

14 (4) the child is granted protection under the

15 Convention Against Torture,

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

17 States under section 208 of the Immigration and

18 Nationality Act,

19 (6) the child is granted permanent resident sta20 tus in the United States, or

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

22 whichever occurs first.

23 (f) NOTICE TO COUNSEL DURING IMMIGRATION PRO24 CEEDINGS.—
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1 (1) Counsel shall be given prompt and adequate

2 notice of all immigration matters affecting or involv3 ing the child, including adjudications, proceedings,

4 and processing, before such actions are taken.

5 (2) A child may not give consent to any immi6 gration action, including consenting to voluntary de7 parture, unless first afforded an opportunity to con8 sult with counsel.

9 (g) ACCESS TO RECOMMENDATIONS OF GUARDIAN

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

11 review the recommendation by the guardian ad litem af12 fecting or involving the juvenile client.

13 SEC. 303. EFFECTIVE DATE.

14 This title shall become effective one year after the

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

16 shall apply to all unaccompanied children in the custody

17 of the Service or Office on, before, or after the date of

18 enactment of this Act.

19 TITLE IV—STRENGTHENING

20 POLICIES FOR PERMANENT

21 PROTECTION OF CHILDREN

22 SEC. 401. SPECIAL IMMIGRANT JUVENILE VISA.

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

24 1101(a)(27)(J)) is amended to read as follows:
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1 ‘‘(J) an immigrant who is present in the United

2 States—

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

4 juvenile court located in the United States or

5 whom such a court has legally committed to, or

6 placed under the custody of, a department or

7 agency of a State, or an individual or entity ap8 pointed by a State, and who has been deemed

9 eligible by that court for long-term foster care

10 due to abuse, neglect, or abandonment, or a

11 similar basis found under State law;

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

13 administrative or judicial proceedings that it

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

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

16 country of nationality or country of last habit17 ual residence; and

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

19 Services of the Department of Justice has cer20 tified to the Commissioner that the classifica21 tion of an alien as a special immigrant under

22 this subparagraph has not been made solely to

23 provide an immigration benefit to that alien;

24 except that no natural parent or prior adoptive par25 ent of any alien provided special immigrant status
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1 under this subparagraph shall thereafter, by virtue

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

3 or status under this Act;’’.

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

5 U.S.C. 1255(h)(2)) is amended—

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

7 follows:

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

9 (7)(A) of section 212(a) shall not apply,’’;

10 (2) in subparagraph (B), by striking the period

11 and inserting ‘‘, and’’; and

12 (3) by adding at the end the following new sub13 paragraph:

14 ‘‘(C) the Attorney General may waive

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

16 offense which arose as a consequence of the

17 child being unaccompanied.’’.

18 (c) TRANSITION RULE.—

19 (1) IN GENERAL.—An alien described in para20 graph (2) who files an application under section

21 101(a)(27)(J), as amended by subsection (a), before

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

23 shall not be denied such visa because of the alien’s

24 age and state of emancipation at the time of final

25 adjudication of the application.
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1 (2) CRITERIA FOR TRANSITIONAL ELIGI2 BILITY.—Paragraph (1) shall apply to an alien who,

3 on or after November 29, 1990, was under the juris4 diction of State-licensed foster care and who—

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

6 other court of competent jurisdiction on or after

7 such date;

8 (B) was emancipated from such State fos9 ter care system on or before the date of enact10 ment of this Act; and

11 (C) with respect to whom no application

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

13 Immigration and Nationality Act was filed prior

14 to the date of enactment of this Act.

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

16 apply for relief under this section later than three

17 years after the effective date of this title or two

18 years after the promulgation of any regulation im19 plementing this title, whichever is later.

20 SEC. 402. TRAINING FOR OFFICIALS WHO COME INTO CON21 TACT WITH ALIEN CHILDREN.

22 The Attorney General, acting jointly with the Sec23 retary of Health and Human Services, shall provide train24 ing for State and county officials, such training to be

25 available to child welfare specialists, teachers, public coun-
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1 sel, juvenile counsel, and juvenile judges who come into

2 contact with unaccompanied alien children. The training

3 shall provide education on the processes pertaining to un4 accompanied alien children with pending immigration sta5 tus and the available relief. The Director shall be respon6 sible for establishing a core curriculum that can be incor7 porated into currently existing education, training, or ori8 entation modules or formats that are currently used by

9 these professionals.

10 SEC. 403. CHILD STATUS PROTECTION ACT.

11 (a) IMMIGRANT VISA ISSUANCE FOR CHILDREN WHO

12 AGE-OUT WHILE AWAITING PROCESSING OF IMMEDIATE

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

14 1151(b)(2)(A)) is amended by adding at the end the fol15 lowing:

16 ‘‘(iii) In the case of an alien who is an unmar17 ried child of a citizen of the United States on, be18 fore, or after the date of enactment of this clause

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

20 which a petition is filed with the Attorney General

21 under section 204 to classify the alien as an imme22 diate relative under this clause, such alien shall, for

23 the purposes of this subsection, retain the legal sta24 tus of child as defined in section 101(b)(2) of this
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1 Act, for the purposes of entitlement to obtaining an

2 immigrant visa.

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

4 of a parent lawfully admitted for permanent resi5 dence on the date on which a petition was filed with

6 the Attorney General under section 204 to classify

7 the alien as an immigrant under subsection

8 203(a)(2)(A) and whose parent subsequently became

9 a naturalized citizen of the United States, such alien

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

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

12 of this Act, for the purposes of entitlement to ob13 taining an immigrant visa, if the alien remains un14 married.

15 ‘‘(v) In the case of an alien who was the mar16 ried son or daughter of a United States citizen on

17 the date on which a petition was filed with the At18 torney General under section 204 to classify the

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

20 who subsequently becomes unmarried, and who was

21 under 21 years of age on the date of the legal termi22 nation of the alien’s marriage, such alien shall retain

23 the legal status of child as defined in section

24 101(b)(2) of this Act, for the purposes of entitle-
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1 ment to obtaining an immigrant visa, if the alien re2 mains unmarried.’’.

3 (c) IMMIGRANT VISA ISSUANCE FOR CHILDREN WHO

4 AGE-OUT WHILE AWAITING PROCESSING OF SECOND

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

6 1153(a)(2)) is amended by adding at the end the following

7 new subparagraph:

8 ‘‘(C) A child of an alien lawfully admitted

9 for permanent residence for whom a family10 sponsored immigrant petition has been ap11 proved by the Attorney General and who has

12 filed an application for an immigrant visa or

13 adjustment of status, pursuant to such regula14 tions as the Attorney General may prescribe be15 fore attaining the age of 21, may retain the

16 legal status of a child, as defined in section

17 101(b)(1) of this Act, for purposes of allocation

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

19 prior to obtaining an immigrant visa or adjust20 ment of status, if the alien remains unmar21 ried.’’.

22 (d) IMMIGRANT VISA ISSUANCE FOR CHILDREN WHO

23 AGE-OUT WHILE AWAITING PROCESSING OF OTHER

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

2 is amended to read as follows:

3 ‘‘(d) TREATMENT OF FAMILY MEMBERS.—

4 ‘‘(1) A spouse or child as defined in subpara5 graph (A), (B), (C), (D), or (E) of section 101(b)(1)

6 shall, if not otherwise entitled to immigrant status

7 and the immediate issuance of a visa under sub8 section (a), (b), or (c), be entitled to the same sta9 tus, and the same order of consideration provided in

10 the respective subsection, if accompanying or fol11 lowing to join, the spouse or parent.

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

13 to join his or her parent under this section may re14 tain the legal status of child as defined in section

15 101(b)(2) of this Act, for purposes of entitlement to

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

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

18 an immigrant visa or adjustment of status if—

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

20 ‘‘(B) the immigrant visa application filed

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

22 21st birthday.’’.

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

24 alien child who is accompanying or following to join his

25 or her parent under any of the provisions of law specified
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1 in paragraph (2) may retain the legal status of child, as

2 defined in section 101(b)(2) of the Immigration and Na3 tionality Act, for purposes of entitlement to the same sta4 tus of his or her parent, even if he or she attains the age

5 of 21 prior to obtaining approval for status if—

6 (A) the child remains unmarried; and

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

8 behalf of the child prior to the child’s 21st birthday.

9 (2) The provisions of law specified in this paragraph

10 are the following:

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

12 and Nationality Act.

13 (B) Section 208 of such Act.

14 (C) The Nicaraguan and Central American Re15 lief Act (as contained in Public Law 105–100; 8

16 U.S.C. 1255 note).

17 (D) The Haitian Refugee Immigration Fairness

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

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

20 SEC. 404. EFFECTIVE DATES.

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

22 to all children who were in the United States before, on,

23 or after the date of enactment of this Act.
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1 (b) The amendments made by section 403 shall apply

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

3 the date of enactment of this Act.

4 TITLE V—CHILDREN REFUGEE

5 AND ASYLUM SEEKERS

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

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

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

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

10 and supports the Service’s implementation of such guide11 lines in an effort to facilitate the handling of children’s

12 asylum claims. Congress calls upon the Executive Office

13 for Immigration Review of the Department of Justice to

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

15 its handling of children’s asylum claims before immigra16 tion judges and the Board of Immigration Appeals.

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

18 at least annually comprehensive training under the

19 ‘‘Guidelines for Children’s Asylum Claims’’ to asylum offi20 cers, immigration judges, members of the Board of Immi21 gration Appeals, and immigration officers who have con22 tact with children in order to familiarize and sensitize such

23 officers to the needs of children asylum seekers. Voluntary

24 agencies shall be allowed to assist in such training.
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1 SEC. 502. EXCEPTIONS FOR UNACCOMPANIED ALIEN CHIL2 DREN IN ASYLUM AND REFUGEE-LIKE CIR3 CUMSTANCES.

4 (a) EXCEPTION FROM EXPEDITED REMOVAL.—Sec5 tion 235(b)(1)(F) (8 U.S.C. 1225(b)(1)(F)) is amended

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

7 child or an alien’’.

8 (b) EXCEPTION FROM TIME LIMIT FOR FILING ASY9 LUM APPLICATION.—Section 208(a)(2) (8 U.S.C.

10 1158(a)(2)) is amended by adding at the end the following

11 new subparagraph:

12 ‘‘(E) Subparagraphs (A) and (B) shall not

13 apply to an unaccompanied alien child.’’.

14 SEC. 503. UNACCOMPANIED REFUGEE CHILDREN.

15 (a) IDENTIFYING UNACCOMPANIED REFUGEE CHIL16 DREN.—Section 207(e) (8 U.S.C. 1157(e)) is amended—

17 (1) by redesignating paragraphs (3) through

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

19 (2) by inserting after paragraph (2) the fol20 lowing new paragraph:

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

22 faced by unaccompanied refugee children, by region.

23 Such analysis shall include an assessment of—

24 ‘‘(A) the number of unaccompanied refugee

25 children, by region;
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1 ‘‘(B) the capacity of the Department of

2 State to identify such refugees;

3 ‘‘(C) the capacity of the international com4 munity to care for and protect such refugees;

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

6 community to resettle such refugees in the

7 United States;

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

9 plans to resettle such refugees in the United

10 States in the coming fiscal year; and

11 ‘‘(F) the fate that will befall such unac12 companied refugee children for whom resettle13 ment in the United States is not possible.’’.

14 (b) TRAINING ON THE NEEDS OF UNACCOMPANIED

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

16 1157(f)(2)) is amended by—

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

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

19 following: ‘‘, and instruction on the needs of unac20 companied refugee children’’.

21 TITLE VI—REPORTS TO

22 CONGRESS

23 SEC. 601. GENERAL ACCOUNTING OFFICE REPORT.

24 Not later than 18 months after the date of enactment

25 of this Act, the Comptroller General of the United States
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1 shall submit a report to the Judiciary Committees of the

2 Senate and House of Representatives concerning the im3 plementation of this Act. Such report shall assess the ef4 fectiveness of the Office in meeting the purposes of the

5 Act, and shall specifically include—

6 (1) the elements described in the report found

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

8 (2) the elements of the report described in sec9 tion 204; and

10 (3) the analysis described in section 207(e)(3)

11 of the Immigration and Nationality Act, as added by

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

13 TITLE VII—AUTHORIZATION OF

14 APPROPRIATIONS

15 SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

16 (a) IN GENERAL.—There are authorized to be appro17 priated such sums as may be necessary to carry out the

18 provisions of this Act.

19 (b) AVAILABILITY OF FUNDS.—Amounts appro20 priated pursuant to subsection (a) are authorized to re21 main available until expended.

Æ