I
106TH CONGRESS
2D SESSION
H. R. 4590
To amend the Immigration and Nationality Act to establish special procedures
for the filing and consideration of asylum applications by alien children
who are unaccompanied by a parent or guardian and for the detention
of such alien children unaccompanied by a parent or guardian.
IN THE HOUSE OF REPRESENTATIVES
JUNE 6, 2000
Mr. GUTIERREZ (for himself, Mr. BACA, Mr. GONZALEZ, Mr. MENENDEZ,
Mrs. NAPOLITANO, Mr. ORTIZ, Mr. REYES, Mr. RODRIGUEZ, and Ms.
ROYBAL-ALLARD) introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to establish
special procedures for the filing and consideration of
asylum applications by alien children who are unaccom-
panied by a parent or guardian and for the detention
of such alien children unaccompanied by a parent or
guardian.
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 ‘‘Young Immigrant Pro-
tection Act of 2000’’.
SEC. 2. SPECIAL ASYLUM PROCEDURES FOR ALIEN CHIL-
DREN UNACCOMPANIED BY A PARENT OR
GUARDIAN.
Section 208(d) of the Immigration and Nationality
Act is amended by adding at the end the following new
paragraph:
‘‘(8) SPECIAL PROCEDURES FOR ALIEN CHIL-
DREN UNACCOMPANIED BY A PARENT OR GUARD-
IAN.—
‘‘(A) IN GENERAL.—
‘‘(i) APPLICATION OF SPECIAL PROCE-
DURES.—Consistent with the provisions of
this paragraph and the guidelines for chil-
dren asylum claims as published on De-
cember 10, 1998, by the Office of Inter-
national Affairs of the Service, the Attor-
ney General shall establish, by regulation,
special procedures for the filing and con-
sideration of asylum applications by alien
children unaccompanied by a parent or
guardian and the detention of such chil-
dren during the asylum process.
(ii) EXCEPTION IF CHILD IS UNDER 12
AND
PARENT
OBJECTS.—Except under
special circumstances, as determined by
the Attorney General on a case by case
basis, an application for asylum of an alien
child who has not attained the age of 12,
and who is unaccompanied by a parent or
guardian, may not be filed or considered if
a parent of the child notifies the Service of
his or her objection to such an application.
Except under special circumstances, as de-
termined by the Attorney General on a
case by case basis, the guardian may not
initiate any legal action on behalf of any
unaccompanied child who is in detention if
the parent of the child notifies the Service
of his or her objection to that action.
‘‘(B) APPOINTMENT
OF
GUARDIAN
AD
LITEM.—During any period of detention by the
Service of more than 7 days or the filing and
processing of a claim for asylum, procedures
shall ensure the appointment of a guardian ad
litem to represent the interest of the unaccom-
panied alien child. The guardian ad litem may
not be an employee of the Service. All appro-
priate efforts shall be made to ensure the ap-
pointment of a guardian ad litem who is fluent
in the native language and culture of the child.
‘‘(C) APPOINTMENT
OF
LEGAL
COUN-
SEL.—During any period of detention by the
Service or the filing and processing of a claim
for asylum, the Service shall ensure that an un-
accompanied alien child is provided with ade-
quate legal counsel and, if necessary, such
counsel shall be appointed by the Service.
‘‘(D) SPECIAL DETENTION PROVISIONS.—
Unaccompanied alien children may not be de-
tained in adult detention facilities, or adult or
juvenile correctional facilities. The Attorney
General shall through contract or otherwise
provide for the detention of such children
through custodial arrangements with State
child welfare agencies, where possible, or
through other private nonprofit group home fa-
cilities and foster care placements.
‘‘(E) TRANSLATION
SERVICES.—During
any period of detention by the Service or the fil-
ing and processing of a claim for asylum, trans-
lation services in the native language of the
child shall be provided whenever necessary to
ensure that an unaccompanied alien child is
adequately informed of his or her legal rights
and is able to participate in decisions regarding