S10886 CONGRESSIONAL RECORD — SENATE December 10, 2008 

the Constitution, in an action brought under 

paragraph (1) shall be heard and determined 

by a panel of three judges in accordance with 

section 2284 of title 28, United States Code. It 

shall be the duty of the district court to advance on the docket and to expedite the disposition of any matter brought under this 

subsection. 

(3) APPEAL.— 

(A) DIRECT APPEAL TO SUPREME COURT.—An 

appeal may be taken directly to the Supreme 

Court of the United States from any interlocutory or final judgment, decree, or order 

upon the validity of the appointment and 

continuance in office of the Secretary of 

State under article I, section 6, clause 2, of 

the Constitution, entered in any action 

brought under this subsection. Any such appeal shall be taken by a notice of appeal filed 

within 20 days after such judgment, decree, 

or order is entered. 

(B) JURISDICTION.—The Supreme Court 

shall, if it has not previously ruled on the 

question presented by an appeal taken under 

subparagraph (A), accept jurisdiction over 

the appeal, advance the appeal on the docket, and expedite the appeal. 

(c) EFFECTIVE DATE.—This joint resolution 

shall take effect at 12:00 p.m. on January 20, 

2009. 

f 

WILLIAM WILBERFORCE TRAFFICKING VICTIMS PROTECTION 

REAUTHORIZATION ACT 

Mr. DURBIN. Madam President, I ask 

unanimous consent that the Senate 

proceed to the immediate consideration of H.R. 7311, which was received 

from the House. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The clerk will state the bill by title. 

The assistant legislative clerk read 

as follows: 

A bill (H.R. 7311) to authorize appropriations for fiscal years 2008 through 2011 for the 

Trafficking Victims Protection Reauthorization Act of 2000, to enhance measures to 

combat trafficking in persons, and for other 

purposes. 

There being no objection, the Senate 

proceeded to consider the bill. 

Mr. LEAHY. Madam President, I am 

glad the Senate today passed the William Wilberforce Trafficking Victims 

Protection Act, a bill that will 

strengthen our efforts to stop the abhorrent practice of human trafficking 

in the United States and around the 

world. I congratulate Senators BIDEN

and BROWNBACK, Congressman BERMAN, 

and the many others who worked hard 

on this important legislation. I commend Senate and House leaders on this 

bill for putting aside significant differences to reach consensus on this important issue. I was pleased to support 

this bill as it moved through the Judiciary Committee this summer, and I 

am heartened that it will soon become 

law. 

This bill enhances protections to the 

victims of these terrible crimes and 

provides new laws against the immoral 

practice of recruiting children to be 

soldiers. Human trafficking is a modern-day form of slavery, involving victims who are forced, defrauded or coerced into sexual or labor exploitation. 

These practices continue to victimize 

hundreds of thousands around the 

world, mostly women and children, and 

we must continue to make the laws 

banning human trafficking more effective and meaningful. 

The coerced and often violent subjugation and exploitation of women, 

girls, and children continues to plague 

many regions of the world. As news reports continue to reveal, women and 

girls from many nations are sold as 

slaves and forced to engage in the sex 

industry. Children are recruited, and 

sometimes even drugged, to become 

soldiers in war-torn regions of the 

world, and poor destitute immigrant 

workers are often duped or coerced to 

work in intolerable conditions that 

amount to forced labor. Even in the 

United States, we are not immune to 

the scourge of human trafficking, as 

evidenced by recent reports of Haitian 

children being brought to the United 

States as servants, who are then beaten and abused into servitude. Progress 

has been made to address these horrific 

problems, but we must continue to do 

more. This bill does. 

I want to thank Senator BIDEN for introducing this bill in the Senate. I 

commend him for working with all the 

Federal agencies and constituent interests to address new issues that continue to come up in the fight against 

human trafficking. This bill will provide more protection to victims, particularly child victims of human trafficking, and will give prosecutors new 

tools to gain cooperation from witnesses and informants who can provide 

vital testimony in human trafficking 

prosecutions. This bill also contains 

tools to combat the equally abhorrent 

practice of recruiting or using child 

soldiers. I particularly appreciate Senator BIDEN’s work to remove language 

that would have resulted in unintended 

mandatory minimum penalties in the 

bill. 

We must rededicate our efforts to the 

prevention of human trafficking, the 

protection of its victims, and prosecution of those who would commit these 

heinous offenses. Nowhere on earth 

should it be acceptable to deceive, 

abuse, and force a person into a life of 

enslavement. To deny a person their 

right to freedom is an affront to the 

ideals of this Nation. Passage of this 

legislation is a first step toward correcting this terrible problem. 

Mrs. FEINSTEIN. Madam President, 

I thank my colleagues for supporting 

the William Wilberforce Trafficking 

Victims Protection Reauthorization 

Act of 2008. 

This trafficking bill includes a provision I authored over 8 years ago—the 

Unaccompanied Alien Minor Act—to 

ensure that unaccompanied children 

receive humane and appropriate treatment while in the custody of the U.S. 

Government. 

Today Congress took an important 

step to protecting unaccompanied alien 

children, the most vulnerable immigrants. 

I believe we have a special obligation 

to ensure that these children are treated humanely and fairly. Unfortunately, 

without this legislation, there would be 

no procedure to make sure that happens. 

Currently, when a child is apprehended by immigration authorities, 

that child usually knows nothing about 

U.S. courts or immigration policies and 

frequently does not speak English. As a 

result, many are sent to detention facilities—often with adults or hardened 

criminals with no idea that they might 

be eligible for foster care or immigration relief. 

This bill is necessary because every 

year, more than 7,000 undocumented 

and unaccompanied children are apprehended in the United States or at our 

borders. This bill deals with how these 

thousands of children will be treated 

while awaiting a final decision on their 

immigration status in this country. 

Today Congress took the first step to 

ensure that unaccompanied minors in 

temporary Federal custody are treated 

as children and not as criminals. 

I first became involved in this issue 

when I saw the treatment of a 15-yearold Chinese girl, who fled persecution 

in her country and had spent 9 months 

in a juvenile jail. She came to her asylum hearing shackled and in prison 

clothing. As she told her story to an 

immigration judge, she could not wipe 

away her tears because her hands were 

chained to her waist. 

This bill seeks to protect children 

like this girl, who have escaped traumatic situations such as armed conflict, sweatshop labor, human trafficking, forced prostitution, and other 

life-threatening circumstances. 

These children have seen their family 

members threatened, tortured and even 

murdered. Many have been targets of 

attacks themselves. 

Indeed, it is through their resilience 

and indomitable spirit that they have 

found themselves in our country. And 

they need our help. 

Yet, our Nation’s response over the 

several years has been unacceptable. 

According to a report issued by Amnesty International in June of 2004, unaccompanied children have too often 

languished in an unregulated immigration system. 

According to Amnesty International, 

investigators identified situations 

where children were strip-searched or 

kept in solitary confinement. Others 

were victims of extreme brutality or 

refugees from war zones and rather 

than being placed in appropriate facilities, they were thrown in juvenile jails. 

Most children reported that they had 

not received weekly visits from officials specializing in juvenile care. 

In addition, 83 percent of these facilities reported that they routinely restrained the children with handcuffs or 

leg irons when they are transported. 

One attorney told the story of a 7- 

year-old boy who had been forced to appear before a judge in handcuffs. 

The majority of these children have 

been forced to struggle through an immigration system designed for adults. 

December 10, 2008 CONGRESSIONAL RECORD — SENATE S10887 

Today, Congress will pass the Unaccompanied Alien Child Protection Act 

to remedy this by requiring that children who pose no danger to themselves 

or others be placed in the least restrictive setting possible; requiring the Office of Refugee Resettlement to do a 

suitability assessment before placing 

the child with any agency or person; 

and prohibiting placing children, who 

have committed no crimes, in a prison 

with hardened criminals. 

This legislation also requires, whenever possible, family reunification or 

other appropriate placement in the 

best interest of the unaccompanied 

alien children. For example, the Office 

of Refugee Resettlement must do a 

home study before placing a child into 

a home or foster care. 

The bill also provides for pro bono 

legal representation for unaccompanied alien children in their immigration matters, where possible, at no expense to the Government. And finally, 

the bill requires training for Department of Homeland Security personnel 

and others who come into contact with 

unaccompanied children. 

I would also like to be clear about 

what this bill would not do. 

This legislation does not expand the 

current immigration rights of any 

child. Instead, it presumes that children will be placed in removal proceedings—unless they qualify for immigration benefits under current law. 

It does not remove the jurisdiction 

and responsibility for adjudicating immigration status from the Department 

of Homeland Security or the Executive 

Office for Immigration Review, where 

such jurisdiction and responsibilities 

currently reside. 

It does not interfere with the custodial rights of a parent or guardian in 

situations where a parent or guardian 

seeks to establish custody. 

Like the Trafficking bill, these provisions have received broad bipartisan 

support. Among the endorsers of this 

legislation are organizations representing mental health and child welfare professionals, as well as legal, 

human rights, immigration and religious organizations. It is a moderate, 

reasonable bill that by and large addresses issues of a child’s care and custody, and not issues of substantive immigration relief. 

I thank my House and Senate colleagues for passing this important bill. 

I also specifically thank Senators 

BIDEN, BROWNBACK, KENNEDY, and 

LEAHY, as well as Representatives BERMAN, LOFGREN, and CONYERS for their 

hard work and leadership in securing 

the passage of this bill. 

I urge the President to sign this important legislation. 

Mr. DURBIN. Madam President, I ask 

unanimous consent that the bill be 

read the third time and passed, the motion to reconsider be laid upon the 

table, with no intervening action or debate, and that any statements relating 

to the bill be printed in the RECORD. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The bill (H.R. 7311) was ordered to a 

third reading, was read the third time, 

and passed. 

f 

ORDERS FOR THURSDAY, 

DECEMBER 11, 2008 

Mr. DURBIN. Madam President, I ask 

unanimous consent that when the Senate completes its business today, it 

stand in recess until 10 a.m. tomorrow, 

Thursday, December 11; that following 

the prayer and pledge, the Journal of 

proceedings be approved to date, the 

time for the two leaders be reserved for 

their use later in the day, and the Senate proceed to a period of morning 

business for up to 1 hour, with Senators 

permitted to speak therein for up to 10 

minutes each; that following morning 

business, the Senate resume consideration of the motion to proceed to H.R. 

7005. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

RECESS UNTIL 10 A.M. TOMORROW 

Mr. DURBIN. Madam President, if 

there is no further business to come before the Senate, I ask unanimous consent that the Senate stand in recess 

under the previous order. 

There being no objection, the Senate, 

at 6:45 p.m., recessed until Thursday, 

December 11, 2008, at 10 a.m.