I 
118TH CONGRESS 
1ST SESSION H. R. 6145 
To establish the Children’s Court to improve the adjudication of immigration 
cases involving unaccompanied alien children. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 1, 2023 
Mr. GOLDMAN of New York (for himself, Ms. SALAZAR, Ms. SCHOLTEN, and 
Mrs. CHAVEZ-DEREMER) introduced the following bill; which was re-
ferred to the Committee on the Judiciary 
A BILL 
To establish the Children’s Court to improve the adjudication 
of immigration cases involving unaccompanied alien children. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Immigration Court Ef-
ficiency and Children’s Court Act of 2023’’. 
SEC. 2. ESTABLISHMENT AND STRUCTURE OF THE CHIL-
DREN’S COURT. 
(a) ESTABLISHMENT OF THE CHILDREN’S COURT.— 
Chapter 4 of title II of the Immigration and Nationality 
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Act (8 U.S.C. 1221 et seq.) is amended by inserting after 
section 240C (8 U.S.C. 1230) the following: 
‘‘SEC. 240D. CHILDREN’S COURT. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CHILDREN’S
COURT.—The term ‘Chil-
dren’s Court’ means all of the specialized children’s 
dockets described in this section. 
‘‘(2) DIRECTOR.—The term ‘Director’ means 
the Director of the Executive Office for Immigration 
Review. 
‘‘(3) DOCKET.—The term ‘docket’ means a 
grouping of removal proceedings that are held dur-
ing a dedicated time on a court’s calendar and adju-
dicated separately from other immigration cases. 
‘‘(b) ESTABLISHMENT.—The Attorney General shall 
establish and maintain, within the Executive Office for 
Immigration Review, specialized children’s dockets for the 
adjudication of removal proceedings for any individual 
who— 
‘‘(1) was younger than 18 years of age on the 
date on which such proceedings were initiated; and 
‘‘(2)(A) was previously determined by the De-
partment of Homeland Security or the Department 
of Health and Human Services to be an unaccom-
panied alien child (as defined in section 462(g)(2) of 
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the Homeland Security Act of 2002 (6 U.S.C. 
279(g)(2))); or 
‘‘(B) is the principal respondent in a proceeding 
if such individual was referred to the children’s 
docket by an immigration judge, unless such child 
requests to remain on the court’s general docket. 
‘‘(c) JUDGES.— 
‘‘(1) GEOGRAPHIC
AREAS.—The Director 
shall divide all of the immigration courts into 
geographical areas with not more than 5 immi-
gration courts in each such area. 
‘‘(2) DESIGNATIONS.—The Director, in 
consultation with the Chief Immigration Judge, 
shall designate— 
‘‘(A) an immigration judge to serve as 
Chief Children’s Judge for the Children’s 
Court; and 
‘‘(B) 1 immigration judge in each geo-
graphical area referred to in to paragraph 
(1) to serve as the Assistant Chief Chil-
dren’s Judge for such area. 
‘‘(3) 
QUALIFICATIONS.—The 
Attorney 
General shall establish, by regulation, qualifica-
tions for Children’s Court judges that ensure, 
among any other requirements, that the Chief 
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Children’s Judge, each Assistant Chief Chil-
dren’s Judge, and each immigration judge as-
signed to the Children’s Court— 
‘‘(A) has substantial experience work-
ing with children in judicial or other set-
tings; 
‘‘(B) possess and have demonstrated a 
commitment to ensuring the fair adminis-
tration of justice through child-appropriate 
court procedures; and 
‘‘(C) apply for appointment to the 
Children’s Court. 
‘‘(4) DUTIES.— 
‘‘(A) CHIEF
CHILDREN’S
JUDGE.— 
The Chief Children’s Judge shall— 
‘‘(i) establish operating policies 
and procedures for carrying out adju-
dications in the Children’s Court in a 
manner that advances due process 
and fairness; and 
‘‘(ii) oversee the implementation 
of such policies and procedures. 
‘‘(B) ASSISTANT
CHIEF
CHILDREN’S 
JUDGES.—In addition to his or her duties 
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as an immigration judge, each Assistant 
Chief Children’s Judge shall— 
‘‘(i) promote fair and just proc-
esses for carrying out adjudications in 
the specialized children’s dockets in 
the immigration courts in his or her 
assigned geographical area; and 
‘‘(ii) ensure that all of the immi-
gration judges assigned to a special-
ized children’s docket in the immigra-
tion courts in such area complete the 
training described in paragraph (5). 
‘‘(5) TRAINING.— 
‘‘(A) 
IN
GENERAL.—Immigration 
judges assigned to the Children’s Court 
shall complete— 
‘‘(i) initial training upon assign-
ment; and 
‘‘(ii) annual supplementary train-
ing. 
‘‘(B) 
TOPICS.—Training 
required 
under this paragraph shall encompass the 
following topics: 
‘‘(i) Children’s claims for immi-
gration relief. 
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‘‘(ii) Appropriate use of docket 
management tools to facilitate chil-
dren’s pursuit of relief through an ap-
plication or petition to U.S. Citizen-
ship and Immigration Services. 
‘‘(iii) Child-sensitive questioning 
techniques. 
‘‘(iv) Developmental- and trau-
ma-informed practice that accounts 
for children’s developmental stage, 
trauma history, and other factors im-
pacting a child’s capacity when deter-
mining appropriate courtroom proce-
dures, evaluating credibility, and con-
sidering testimony and other evidence 
adduced by a child, among other ac-
tions. 
‘‘(v) Methods for explaining the 
purpose and nature of court pro-
ceedings and procedures to children, 
including developmentally appropriate 
communication. 
‘‘(vi) The concept of the best in-
terests of the child. 
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‘‘(vii) Human trafficking of chil-
dren. 
‘‘(C) 
LEGAL
REPRESENTATION.— 
Training required under this paragraph 
shall include instruction from govern-
mental and nongovernmental experts in the 
legal representation of unaccompanied chil-
dren, child development, child welfare, and 
child psychology. Assistant Chief Chil-
dren’s Judges shall consult with such ex-
perts to design training plans. 
‘‘(6) PERFORMANCE METRICS.—The Exec-
utive Office for Immigration Review may not 
implement minimal numeric case load or case 
completion requirements, judicial performance 
standards, or other standards for immigration 
judges assigned to the Children’s Court that 
could negatively impact the fair administration 
of justice or promotion of the best interests of 
the child by the Children’s Court. 
‘‘(7) ASSIGNMENT OF OTHER CASES.—Im-
migration judges assigned to the Children’s 
Court may also be assigned cases that are not 
on a specialized children’s docket if the total 
caseload of such judges does not exceed 75 per-
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cent of the average caseload of immigration 
judges who are not assigned to the Children’s 
Court. 
‘‘(d) PROCEDURAL PROTECTIONS.—Proceedings in 
the Children’s Court shall utilize child-appropriate proce-
dures that allow for maximum participation of child re-
spondents and promote due process, including— 
‘‘(1) continuances that are sufficient for a child 
to obtain counsel; 
‘‘(2) conferring among the parties to the max-
imum extent practicable to narrow the legal issues 
in advance of an adjudication on the merits; 
‘‘(3) a rebuttable presumption in favor of grant-
ing a child’s request to dismiss or administratively 
close proceedings when an application for relief is 
pending before or approved by U.S. Citizenship and 
Immigration Services; 
‘‘(4) explanations of court proceedings and 
advisals by immigration judges regarding legal 
rights and responsibilities that accommodate a 
child’s developmental level and capacity; 
‘‘(5) appropriate accommodations, including 
breaks during oral testimony by a child; 
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‘‘(6) language screening protocols to ensure 
that interpretation is provided in the child’s pre-
ferred language; and 
‘‘(7) the use of virtual hearings only— 
‘‘(A) at the request of the child or the 
child’s counsel; or 
‘‘(B) if the immigration judge determines 
that virtual hearings would be in the child’s 
legal interests. 
‘‘(e) BEST INTERESTS OF THE CHILD.— 
‘‘(1) IN GENERAL.—The best interests of the 
child may be considered in adjudicating motions, 
forms of relief, or any other judicial decision requir-
ing a discretionary analysis. 
‘‘(2) CONSIDERATIONS.—A best interests of the 
child determination shall be made by a child advo-
cate or other entity or professional with comparable 
expertise in such determinations, after taking into 
account— 
‘‘(A) the safety and well-being of the child; 
‘‘(B) the expressed interests of the child, 
taking into account the child’s age and stage of 
development; 
‘‘(C) the physical and mental health of the 
child; 
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‘‘(D) the right of the child to family integ-
rity, liberty, and development; and 
‘‘(E) the identity of the child, including re-
ligious, ethnic, linguistic, gender, sexual ori-
entation, and cultural identity. 
‘‘(3) APPOINTMENT
OF
INDEPENDENT
CHILD 
ADVOCATES.—Immigration judges assigned to the 
Children’s Court, on their own initiative or at the re-
quest of a child’s counsel in an immigration pro-
ceeding, shall consider the referral of a child for ap-
pointment of an independent child advocate in ac-
cordance with section 235(c)(6). 
‘‘(f) LEGAL
ASSISTANCE
FOR
UNACCOMPANIED 
CHILDREN.—Each Assistant Chief Children’s Judge 
shall— 
‘‘(1) coordinate with qualified local providers of 
legal services for children in the geographic area for 
purposes of maximizing providers’ capacity to pro-
vide legal assistance; 
‘‘(2) on each day when any unrepresented child 
is on the Children’s Court docket, make sufficient 
appropriate space available in the court building to 
afford such child the opportunity to meet confiden-
tially with qualified providers of legal services at no 
cost to the child; and 
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‘‘(3) coordinate with the Secretary of Health 
and Human Services for purposes of ensuring access 
to legal information and representation for unaccom-
panied children to the greatest extent practicable, in 
accordance with section 235(c)(5). 
‘‘(g) ESTABLISHMENT OF DEPARTMENT OF HOME-
LAND SECURITY CHILDREN’S COHORT.— 
‘‘(1) IN GENERAL.—There is established, within 
the Office of the Principal Legal Advisor, a Chil-
dren’s Cohort to represent U.S. Immigration and 
Customs Enforcement in the Children’s Court. 
‘‘(2) TRAINING.—Attorneys assigned to the 
Children’s Cohort shall receive, from governmental 
and nongovernmental experts in child development, 
child psychology, and children’s immigration law, 
initial training upon appointment and annual sup-
plementary training regarding— 
‘‘(A) unaccompanied children’s claims for 
immigration relief; 
‘‘(B) child-sensitive questioning techniques; 
and 
‘‘(C) trauma-informed interviewing and ad-
judication methods. 
‘‘(3) PERFORMANCE
METRICS.—Attorneys as-
signed to the Children’s Cohort may not be sub-
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jected to performance standards or agency strategic 
measures that are based on case outcomes or other 
standards that could negatively impact the fair ad-
ministration of justice. 
‘‘(4) PROSECUTORIAL DISCRETION.—Attorneys 
assigned to the Children’s Cohort, consistent with 
their existing authority to exercise prosecutorial dis-
cretion, may seek resolution of cases in a manner 
that promotes the fair administration of justice, in-
cluding by— 
‘‘(A) moving to dismiss or administratively 
close removal proceedings when an application 
for relief is pending before or approved by U.S. 
Citizenship and Immigration Services; 
‘‘(B) agreeing to join motions for dis-
missal, administrative closure, or continuances; 
‘‘(C) stipulating to facts or conclusions of 
law; 
‘‘(D) joining motions to grant relief; and 
‘‘(E) not pursuing appeals. 
‘‘(5) RIGHT
TO
REVIEW
CERTAIN
DOCU-
MENTS.—Not later than 7 days after providing a no-
tice to appear to an unaccompanied child or to such 
child’s legal counsel pursuant to section 239(a), the 
Director of U.S. Immigration and Customs Enforce-
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ment shall provide to such child or such legal coun-
sel, as appropriate, a complete copy of the child’s 
immigration file (commonly known as an ‘A-file’) in 
the possession of the Department of Homeland Se-
curity (other than documents protected from disclo-
sure under section 552(b) of title 5, United States 
Code).’’. 
(b) RULEMAKING.—The Attorney General shall pro-
mulgate regulations to implement the amendment made 
by subsection (a). 
(c) CLERICAL AMENDMENT.—The table of contents 
of the Immigration and Nationality Act (8 U.S.C. 1101 
note) is amended by inserting after the item relating to 
section 240C the following: 
‘‘Sec. 240D. Children’s Court.’’. 
SEC. 3. PROHIBITION ON INFORMATION SHARING. 
(a) CHILD IN CUSTODY AND PROSPECTIVE SPON-
SORS.—The Director of the Office of Refugee Resettle-
ment may not provide any information about an unaccom-
panied alien child in the custody of the Secretary of 
Health and Human Services, or prospective sponsors, to 
the Attorney General or the Secretary of Homeland Secu-
rity without the consent of— 
(1) such child or the child’s prospective spon-
sor, as applicable; and 
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