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.