‘‘(B) the Attorney General may appoint or 
provide counsel, at Government expense, to 
aliens in immigration proceedings; 
‘‘(C) the alien shall, at the beginning of 
the proceedings or as expeditiously as possible 
thereafter, receive a complete copy of all rel-
evant documents in the possession of the De-
partment of Homeland Security, including all 
documents (other than documents protected 
from disclosure by privilege, including national 
security information referred to in subpara-
graph (D), law enforcement sensitive informa-
tion, and information prohibited from disclosure 
pursuant to any other provision of law) con-
tained in the file maintained by the Government 
that includes information with respect to all 
transactions involving the alien during the im-
migration process (commonly referred to as an 
‘A-file’), and all documents pertaining to the 
alien that the Department of Homeland Secu-
rity has obtained or received from other govern-
ment agencies, unless the alien waives the right 
to receive such documents by executing a know-
ing and voluntary written waiver in a language 
that he or she understands;’’; and 
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(D) in subparagraph (D), as redesignated, 
by striking ‘‘, and’’ and inserting ‘‘; and’’; and 
(2) by adding at the end the following: 
‘‘(8) FAILURE TO PROVIDE ALIEN REQUIRED 
DOCUMENTS.—In the absence of a written waiver 
under paragraph (4)(C), a removal proceeding may 
not proceed until the alien— 
‘‘(A) has received the documents as re-
quired under such paragraph; and 
‘‘(B) has been provided meaningful time to 
review and assess such documents.’’. 
(b) CLARIFICATION REGARDING THE AUTHORITY OF 
THE ATTORNEY GENERAL TO APPOINT COUNSEL
TO 
ALIENS IN IMMIGRATION PROCEEDINGS.—Section 292 of 
the Immigration and Nationality Act (8 U.S.C. 1362) is 
amended— 
(1) by striking ‘‘In any’’ and inserting the fol-
lowing: 
‘‘(a) IN GENERAL.—In any proceeding conducted 
under section 235, 236, 238, 240, 241, or any other sec-
tion of this Act, in any’’; 
(2) in subsection (a), as redesignated— 
(A) by striking ‘‘(at no expense to the Gov-
ernment)’’; and 
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(B) by striking ‘‘he shall’’ and inserting 
‘‘the person shall’’; and 
(3) by adding at the end the following: 
‘‘(b) ACCESS TO COUNSEL.—The Attorney General 
may appoint or provide counsel to aliens in any proceeding 
conducted under section 235, 236, 238, 240, or 241 or 
any other section of this Act. The Secretary of Homeland 
Security shall ensure that aliens have access to counsel 
inside all immigration detention and border facilities.’’. 
(c) APPOINTMENT OF COUNSEL FOR CHILDREN AND 
VULNERABLE ALIENS.— 
(1) IN GENERAL.—Section 292 of the Immigra-
tion and Nationality Act (8 U.S.C. 1362), as amend-
ed by paragraph (2), is further amended by adding 
at the end the following: 
‘‘(c) CHILDREN AND VULNERABLE INDIVIDUALS.— 
Notwithstanding subsection (b), the Attorney General 
shall appoint counsel at the expense of the Government 
to any person financially unable to obtain adequate rep-
resentation at the beginning of the proceedings or as expe-
ditiously as possible, to represent in such proceedings any 
alien who has been determined by the Secretary of Home-
land Security or the Attorney General to be— 
‘‘(1) a child (as defined in section 101(b)(1) of 
this Act); 
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‘‘(2) a particularly vulnerable individual, includ-
ing— 
‘‘(A) a person with a disability; 
‘‘(B) a victim of abuse, torture, or violence; 
or 
‘‘(C) a pregnant or lactating woman; or 
‘‘(3) the parent of a United States citizen 
minor. 
‘‘(d) EXTENSION TO CONSOLIDATED CASES.—If the 
Attorney General has consolidated the case of any alien 
for whom counsel was appointed under subsection (c) with 
that of any other alien, and that other alien does not have 
counsel, then the counsel appointed under subsection (c) 
shall be appointed to represent such other alien unless 
there is a demonstrated conflict of interest.’’. 
(2) RULEMAKING.—Not later than 180 days 
after the date of enactment of this title, the Attor-
ney General shall promulgate regulations to imple-
ment section 292(c) of the Immigration and Nation-
ality Act, as added by paragraph (1). 
(d) IN GENERAL.—Chapter 9 of the Immigration and 
Nationality Act is amended by adding at the end the fol-
lowing: 
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‘‘SEC. 295. SUPPLEMENTARY SURCHARGE. 
‘‘(a) IN GENERAL.—There is established in the gen-
eral fund of the Treasury a separate account which shall 
be known as the ‘Immigration Counsel Account’. Notwith-
standing any other section of this title, there shall be de-
posited as offsetting receipts into the Immigration Counsel 
Account all fees collected under subsection (c) of this sec-
tion, to remain available until expended for purposes of 
providing access to counsel when required or authorized 
under this Act. 
‘‘(b) REPORT.—At the end of each 2-year period, be-
ginning with the creation of this account, the Secretary 
of Homeland Security, following a public rulemaking with 
opportunity for notice and comment, shall submit a report 
to the Congress concerning the status of the account, in-
cluding any balances therein, and recommend any adjust-
ment in the prescribed fee that may be required to ensure 
that the receipts collected from the fee charged for the 
succeeding two years equal, as closely as possible, the cost 
of providing access to counsel when required or authorized 
under this Act. 
‘‘(c) RECEIPTS.—In any case in which a fee is 
charged pursuant to this Act or any of the other immigra-
tion laws, an additional surcharge of $25 shall also be im-
posed and collected.’’. 
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(e) TABLE OF CONTENTS.—The table of contents for 
such Act is amended by inserting after the item relating 
to section 294 the following: 
‘‘Sec. 295. Supplementary surcharge.’’. 
(f) MOTIONS TO REOPEN.—Section 240(c)(7)(C) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1229a(c)(7)(C)) is amended by adding at the end the fol-
lowing: 
‘‘(v) SPECIAL
RULE
FOR
CHILDREN 
AND OTHER VULNERABLE ALIENS.—If the 
Attorney General fails to appoint counsel 
for an alien in violation of section 292(c)— 
‘‘(I) no limitation under this 
paragraph pertaining to the filing of 
any motion under this paragraph by 
such alien shall apply; and 
‘‘(II) the filing of such a motion 
shall stay the removal of the alien.’’. 
SEC. 511. FACILITATING SAFE AND EFFICIENT REPATRI-
ATION. 
(a) UNITED STATES SUPPORT
FOR REINTEGRA-
TION.—The Secretary of State, in consultation with the 
Secretary of Homeland Security and the Administrator of 
the United States Agency for International Development, 
shall coordinate with the governments of El Salvador, 
Guatemala, and Honduras to develop and fund programs 
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100 
for the successful reintegration of families, unaccompanied 
children, and other aliens repatriated to their countries of 
origin by— 
(1) providing comprehensive reintegration serv-
ices at the municipal level for repatriated aliens, in-
cluding family reunification and access to medical 
and psychosocial services; 
(2) supporting the establishment of educational 
and vocational centers for repatriated aliens that 
provide skills training relevant to national and local 
economic needs; 
(3) promoting the hiring of repatriated aliens in 
the private sector, including strategic partnerships 
with specific industries and businesses; 
(4) supporting the issuance of appropriate doc-
uments to repatriated aliens, including identification 
documents, documents related to educational attain-
ment, and documents certifying skill attainment; and 
(5) monitoring repatriated unaccompanied chil-
dren to ensure they have been adequately screened 
and processed in the United States. 
(b) CONSULTATION WITH NONGOVERNMENTAL OR-
GANIZATIONS.—In developing reintegration programs in 
countries of repatriation, the Secretary of State shall con-
sult with nongovernmental organizations in such countries 
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101 
and the United States with experience in integrating repa-
triated individuals and families, protecting and ensuring 
the welfare of unaccompanied alien children, and pro-
moting economic development and skills acquisition. 
TITLE VI—PROTECTING FAMILY 
VALUES 
AND 
MONITORING 
AND CARING FOR UNACCOM-
PANIED 
ALIEN 
CHILDREN 
AFTER ARRIVAL. 
SEC. 601. LIMITATION ON THE SEPARATION OF FAMILIES. 
(a) IN GENERAL.—An agent or officer of U.S. Cus-
toms and Border Protection may not remove a child from 
his or her parent or legal guardian, at the port of entry 
or within 100 miles of a border of the United States, un-
less one of the following has occurred: 
(1) A State court, authorized under State law, 
terminates the rights of the parent or legal guard-
ian, determines that it is in the best interests of the 
child to be removed from the parent or legal guard-
ian, in accordance with the Adoption and Safe Fam-
ilies Act of 1997 (Public Law 105–89), or makes 
any similar determination that is legally authorized 
under State law. 
(2) An official from a State or county child wel-
fare agency with expertise in child trauma and devel-
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102 
opment makes a best interests determination that 
the child be removed from the parent or legal guard-
ian because the child is in danger of abuse or neglect 
at the hands of the parent or legal guardian, or is 
a danger to herself or others. 
(3) The Chief Patrol Agent or the Area Port 
Director in their official and undelegated capacity, 
authorizes separation upon the recommendation by 
an agent or officer, based on a finding that— 
(A) the child is a victim of trafficking or 
is at significant risk of becoming a victim of 
trafficking; 
(B) there is a strong likelihood that the 
adult is not the parent or legal guardian of the 
child; or 
(C) the child is in danger of abuse or ne-
glect at the hands of the parent or legal guard-
ian, or is a danger to themselves or others. 
(b) EXCEPTION.—If a child is removed from his or 
her parent or legal guardian under this section, an inde-
pendent child welfare expert licensed by the State or coun-
ty in which the child was so removed, must authorize the 
separation not later than 48 hours after such removal, and 
if such expert does not authorize such separation, the child 
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103 
shall be reunited with his or her parent or legal guardian 
not later than 48 hours after such determination. 
(c) PROHIBITION ON SEPARATION.— 
(1) IN
GENERAL.—A designated agency may 
not remove a child from a parent or legal guardian 
solely for the policy goal of deterring individuals 
from migrating to the United States or for the pol-
icy goal of promoting compliance with civil immigra-
tion laws. 
(2) PENALTY FOR FAMILY SEPARATION.—Any 
person who knowingly separates a child from his or 
her parent or legal guardian in violation of this sec-
tion, shall be fined not more than $10,000. 
(d) DOCUMENTATION REQUIRED.—The Secretary 
shall ensure that a separation under subsection (a)(3) is 
documented in writing and includes, at a minimum, the 
reason for such separation, together with the stated evi-
dence for such separation. The Secretary shall take such 
actions as may be feasible to acquire written documenta-
tion pertaining to any separation under subsection (a)(1) 
or (a)(2). 
SEC. 602. FAMILY REUNIFICATION. 
(a) FAMILY REUNIFICATION.—The Secretary shall 
reallocate resources to expedite the immediate reunifica-
tion of each child separated from a parent or legal guard-
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