191 
(C) PROMPTNESS OF TRANSFER.—In the 
event of a need to transfer a child under this 
paragraph, the sending office shall make 
prompt arrangements to transfer such child and 
the receiving office shall make prompt arrange-
ments to receive such child. 
(c) AGE DETERMINATIONS.—In any case in which 
the age of an alien is in question and the resolution of 
questions about the age of such alien would affect the 
alien’s eligibility for treatment under section 462 of the 
Homeland Security Act of 2002 (6 U.S.C. 279) or this 
title, a determination of whether or not such alien meets 
such age requirements shall be made in accordance with 
section 815, unless otherwise specified in subsection 
(b)(2)(B). 
(d) ACCESS TO ALIEN.—The Secretary of Homeland 
Security shall permit the Office to have reasonable access 
to aliens in the custody of the Secretary to ensure a 
prompt determination of the age of such alien, if necessary 
under subsection (b)(2)(B). 
SEC. 812. FAMILY REUNIFICATION FOR UNACCOMPANIED 
ALIEN CHILDREN WITH RELATIVES IN THE 
UNITED STATES. 
(a) PLACEMENT AUTHORITY.— 
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(1) ORDER OF PREFERENCE.—Subject to the 
discretion of the Director under paragraph (4), sec-
tion 813(a)(2), and section 462(b)(2) of the Home-
land Security Act of 2002 (6 U.S.C. 279(b)(2)), an 
unaccompanied alien child in the custody of the Of-
fice shall be promptly placed with 1 of the following 
individuals or entities in the following order of pref-
erence: 
(A) A parent who seeks to establish cus-
tody, as described in paragraph (3)(A). 
(B) A legal guardian who seeks to estab-
lish custody, as described in paragraph (3)(A). 
(C) An adult relative. 
(D) An individual or entity designated by 
the parent or legal guardian that is capable and 
willing to care for the well-being of the child. 
(E) A State-licensed juvenile shelter, group 
home, or foster care program willing to accept 
custody of the child. 
(F) A qualified adult or entity seeking cus-
tody of the child when it appears that there is 
no other likely alternative to long-term deten-
tion and family reunification does not appear to 
be a reasonable alternative. For purposes of 
this subparagraph, the Office shall decide who 
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is a qualified adult or entity and promulgate 
regulations in accordance with such decision. 
(2) SUITABILITY ASSESSMENT.— 
(A) GENERAL
REQUIREMENTS.—Notwith-
standing paragraph (1), and subject to the re-
quirements of subparagraph (B), no unaccom-
panied alien child shall be placed with a person 
or entity described in any of subparagraphs (A) 
through (F) of paragraph (1) unless the Direc-
tor certifies, in writing, that the proposed cus-
todian is capable of providing for the child’s 
physical and mental well-being, based on— 
(i) with respect to an individual custo-
dian— 
(I) verification of such individ-
ual’s identity and employment; 
(II) a finding that such indi-
vidual has not engaged in any activity 
that would indicate a potential risk to 
the child, including the activities de-
scribed in paragraph (4)(A); 
(III) a finding that such indi-
vidual has no open investigation by a 
state or local child protective services 
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authority due to suspected child abuse 
or neglect; 
(IV) verification that such indi-
vidual has a plan for the provision of 
care for the child; and 
(V) verification of familial rela-
tionship of such individual, if any re-
lationship is claimed; and 
(ii) verification of nature and extent 
of previous relationship; 
(iii) with respect to a custodial entity, 
verification of such entity’s appropriate li-
censure by the State, county, or other ap-
plicable unit of government; and 
(iv) such other information as the Di-
rector determines appropriate. 
(B) HOME STUDY.— 
(i) IN GENERAL.—A home study shall 
be conducted prior to release with respect 
to each proposed custodian described in 
any of subparagraphs (A) through (F) of 
paragraph (1) unless waived by the Direc-
tor. 
(ii) SPECIAL
NEEDS
CHILDREN.—In 
the case of a special needs child with a dis-
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ability (as defined in section 3 of the 
Americans with Disabilities Act of 1990 
(42 U.S.C. 12102(2)), a home study shall 
be conducted to determine if the child’s 
needs can be properly met by the custo-
dian. 
(C) CONTRACT AUTHORITY.—The Director 
may, by grant or contract, arrange for some or 
all of the activities under this section to be car-
ried out by— 
(i) an agency of the State of the 
child’s proposed residence; 
(ii) an agency authorized by such 
State to conduct such activities; or 
(iii) an appropriate voluntary or non-
profit agency. 
(D) DATABASE
ACCESS.—In conducting 
suitability assessments, the Director shall be 
given access to all relevant information in the 
appropriate Federal, State, and local law en-
forcement and immigration databases. 
(3) RIGHT OF PARENT OR LEGAL GUARDIAN TO 
CUSTODY OF UNACCOMPANIED ALIEN CHILD.— 
(A) PLACEMENT WITH PARENT OR LEGAL 
GUARDIAN.—If an unaccompanied alien child is 
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placed with any person or entity other than a 
parent or legal guardian, and subsequent to 
that placement a parent or legal guardian seeks 
to establish custody, the Director shall— 
(i) assess the suitability of placing the 
child with the parent or legal guardian; 
and 
(ii) make a written determination on 
the child’s placement within 30 days. 
(B) RULE OF CONSTRUCTION.—Nothing in 
this title shall be construed to— 
(i) supersede obligations under any 
treaty or other international agreement to 
which the United States is a party, includ-
ing The Hague Convention on the Civil As-
pects of International Child Abduction, the 
Vienna Declaration and Program of Ac-
tion, and the Declaration of the Rights of 
the Child; or 
(ii) limit any right or remedy under 
such international agreement. 
(4) PROTECTION FROM SMUGGLERS AND TRAF-
FICKERS.— 
(A) POLICIES AND PROGRAMS.— 
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198 
paragraph (A) shall report the individual to the 
State bar association of which the attorney is a 
member, or to other appropriate disciplinary 
authorities, for appropriate disciplinary action, 
which may include private or public admonition 
or censure, suspension, or disbarment of the at-
torney from the practice of law. 
(5) GRANTS
AND
CONTRACTS.—The Director 
may award grants to, and enter into contracts with, 
voluntary agencies to carry out this section or sec-
tion 462 of the Homeland Security Act of 2002 (6 
U.S.C. 279). 
(6) REIMBURSEMENT OF STATE EXPENSES.— 
The Director may reimburse States for any expenses 
they incur in providing assistance to unaccompanied 
alien children who are served pursuant to this title 
or section 462 of the Homeland Security Act of 
2002 (6 U.S.C. 279). 
(b) CONFIDENTIALITY.—All information obtained by 
the Office relating to the immigration status of a person 
described in subparagraphs (A), (B), and (C) of sub-
section (a)(1) shall remain confidential and may be used 
only for the purposes of determining such person’s quali-
fications under subsection (a)(1). 
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199 
(c) REQUIRED
DISCLOSURE.—The Secretary of 
Health and Human Services or the Secretary of Homeland 
Security shall provide the information furnished under 
this section, and any other information derived from such 
furnished information, to— 
(1) a duly recognized law enforcement entity in 
connection with an investigation or prosecution of an 
offense described in paragraph (2) or (3) of section 
212(a) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)), when such information is requested 
in writing by such entity; or 
(2) an official coroner for purposes of affirma-
tively identifying a deceased individual (whether or 
not such individual is deceased as a result of a 
crime). 
(d) PENALTY.—Whoever knowingly uses, publishes, 
or permits information to be examined in violation of this 
section shall be fined not more than $10,000. 
SEC. 813. APPROPRIATE CONDITIONS FOR DETENTION OF 
UNACCOMPANIED ALIEN CHILDREN. 
(a) STANDARDS FOR PLACEMENT.— 
(1) PROHIBITION OF DETENTION IN CERTAIN 
FACILITIES.—Except as provided in paragraph (2), 
an unaccompanied alien child shall not be placed in 
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an adult detention facility or a facility housing delin-
quent children. 
(2) DETENTION IN APPROPRIATE FACILITIES.— 
An unaccompanied alien child who has exhibited a 
violent or criminal behavior that endangers others 
may be detained in conditions appropriate to such 
behavior in a facility appropriate for delinquent chil-
dren. 
(3) STATE LICENSURE.—A child shall not be 
placed 
with 
an 
entity 
described 
in 
section 
812(a)(1)(E), unless the entity is licensed by an ap-
propriate State agency to provide residential, group, 
child welfare, or foster care services for dependent 
children. 
(4) CONDITIONS OF DETENTION.— 
(A) IN GENERAL.—The Director and the 
Secretary of Homeland Security shall promul-
gate regulations incorporating standards for 
conditions of detention of an unaccompanied 
alien child that provide for— 
(i) educational services appropriate to 
the child; 
(ii) medical care; 
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(iii) mental health care, including 
treatment of trauma, physical and sexual 
violence, or abuse; 
(iv) access to telephones; 
(v) access to legal services; 
(vi) access to interpreters; 
(vii) 
supervision 
by 
professionals 
trained in the care of children, taking into 
account the special cultural, linguistic, and 
experiential needs of children in immigra-
tion proceedings; 
(viii) recreational programs and activi-
ties; 
(ix) spiritual and religious needs; and 
(x) dietary needs. 
(B) NOTIFICATION OF CHILDREN.—Regu-
lations promulgated under subparagraph (A) 
shall provide that all children are notified of 
such standards orally and in writing in the 
child’s native language. 
(b) PROHIBITION OF CERTAIN PRACTICES.— 
(1) IN GENERAL.—The Director and the Sec-
retary shall develop procedures for treatment of un-
accompanied alien children prohibiting the unreason-
able use of— 
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202 
(A) shackling, handcuffing, or other re-
straints on children; 
(B) solitary confinement; 
(C) contact with adult detainees; or 
(D) pat or strip searches. 
(2) PROCEDURES.—The procedures under para-
graph (1) shall require that a reasonable use of a 
practice described in paragraph (1) shall be justified 
in writing, reviewed by an immigration judge, and 
subject to administrative and judicial review. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to supersede procedures favoring 
release of children to appropriate adults or entities or 
placement in the least secure setting possible, as defined 
in the Stipulated Settlement Agreement under Flores v. 
Reno. 
SEC. 814. REPATRIATED UNACCOMPANIED ALIEN CHIL-
DREN. 
(a) COUNTRY CONDITIONS.— 
(1) SENSE OF CONGRESS.—It is the sense of 
Congress that, to the extent consistent with the trea-
ties and other international agreements to which the 
United States is a party, and to the extent prac-
ticable, the United States Government should under-
take efforts to ensure that it does not repatriate 
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children in its custody into settings that would 
threaten the life and safety of such children. 
(2) ASSESSMENT OF CONDITIONS.— 
(A) IN
GENERAL.—The annual Country 
Reports on Human Rights Practices published 
by the Department of State shall contain an as-
sessment of the degree to which each country 
protects children from smugglers and traf-
fickers. 
(B) FACTORS FOR ASSESSMENT.—The De-
partment shall consult the Country Reports on 
Human Rights Practices and the Trafficking in 
Persons Report in assessing whether to repa-
triate an unaccompanied alien child to a par-
ticular country. 
(C) HOMELESSNESS
ASSESSMENT.—The 
annual Country Report on Human Rights Prac-
tices published by the Department of State 
shall contain an assessment of the extent of pa-
rental abandonment and homelessness among 
children of the country. 
(b) REPORT ON REPATRIATION OF UNACCOMPANIED 
ALIEN CHILDREN.— 
(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this Act, and annually 
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206 
(A) permit the presentation of multiple 
forms of evidence, including testimony of the 
alien, to determine the age of the unaccom-
panied alien for purposes of placement, custody, 
parole, and detention; and 
(B) allow the appeal of a determination to 
an immigration judge. 
(b) PROHIBITION ON SOLE MEANS OF DETERMINING 
AGE.—Radiographs or the attestation of an alien shall not 
be used as the sole means of determining age for the pur-
poses of determining an alien’s eligibility for treatment 
under this title or section 462 of the Homeland Security 
Act of 2002 (6 U.S.C. 279). 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to place the burden of proof in 
determining the age of an alien on the Government. 
SEC. 816. EFFECTIVE DATE. 
This subtitle shall take effect on the date which is 
90 days after the date of enactment of this Act. 
Subtitle B—Access by Unaccom-
panied Alien Children to Child 
Advocates and Counsel 
SEC. 821. CHILD ADVOCATES. 
(a) ESTABLISHMENT
OF CHILD ADVOCATE PRO-
GRAM.— 
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(1) APPOINTMENT.— 
(A) AUTHORIZATION FOR APPOINTMENT.— 
The Director may appoint a child advocate, who 
meets the qualifications described in paragraph 
(2), for an unaccompanied alien child. 
(B) MANDATORY APPOINTMENT.—The Di-
rector shall appoint a child advocate, who meets 
the qualifications described in paragraph (2), 
for each unaccompanied alien child requesting 
permission for a State to have jurisdiction in a 
juvenile court for the purpose of obtaining a 
finding of abuse, neglect, or abandonment. 
(C) CONTRACT WITH AGENCY.—The Direc-
tor is encouraged, wherever practicable, to con-
tract with a voluntary agency for the selection 
of an individual to be appointed as a child advo-
cate under this paragraph. 
(2) QUALIFICATIONS OF CHILD ADVOCATE.— 
(A) IN GENERAL.—No person shall serve 
as a child advocate unless such person— 
(i) is a child welfare professional or 
other individual who has received training 
in child welfare matters; and 
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(ii) possesses special training on the 
nature of problems encountered by unac-
companied alien children. 
(B) PROHIBITION.—A child advocate shall 
not be an employee of the Department, the Of-
fice, or the Executive Office for Immigration 
Review. 
(3) DUTIES.—The child advocate shall— 
(A) conduct interviews with the child in a 
manner that is appropriate, taking into account 
the child’s age; 
(B) investigate the facts and circumstances 
relevant to the child’s presence in the United 
States, including facts and circumstances— 
(i) arising in the country of the child’s 
nationality or last habitual residence; and 
(ii) arising subsequent to the child’s 
departure from such country; 
(C) work with counsel to identify the 
child’s eligibility for relief from removal or vol-
untary departure by sharing with counsel infor-
mation collected under subparagraph (B); 
(D) develop recommendations on issues 
relative to the child’s custody, detention, re-
lease, and repatriation; 
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(E) take reasonable steps to ensure that— 
(i) the best interests of the child are 
promoted while the child participates in, or 
is subject to, proceedings or matters under 
the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.); 
(ii) the child understands the nature 
of the legal proceedings or matters and de-
terminations made by the court, and that 
all information is conveyed to the child in 
an age-appropriate manner; and 
(F) report factual findings relating to— 
(i) information collected under sub-
paragraph (B); 
(ii) the care and placement of the 
child during the pendency of the pro-
ceedings or matters; and 
(iii) any other information collected 
under subparagraph (D). 
(4) TERMINATION
OF
APPOINTMENT.—The 
child advocate shall carry out the duties described in 
paragraph (3) until the earliest of the date on 
which— 
(A) those duties are completed; 
(B) the child departs the United States; 
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(C) the child is granted permanent resi-
dent status in the United States; 
(D) the child attains the age of 18; or 
(E) the child is placed in the custody of a 
parent or legal guardian. 
(5) POWERS.—The child advocate— 
(A) shall have reasonable access to the 
child, including access while such child is being 
held in detention or in the care of a foster fam-
ily; 
(B) shall be permitted to review all records 
and information relating to such proceedings 
that are not deemed privileged or classified; 
(C) may seek independent evaluations of 
the child; 
(D) shall be notified in advance of all hear-
ings or interviews involving the child that are 
held in connection with proceedings or matters 
under the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.), and shall be given a rea-
sonable opportunity to be present at such hear-
ings or interviews; 
(E) shall be permitted to consult with the 
child during any hearing or interview involving 
such child; and 
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(F) shall be provided at least 24 hours ad-
vance notice of a transfer of that child to a dif-
ferent placement, absent compelling and un-
usual circumstances warranting the transfer of 
such child before such notification. 
(b) TRAINING.— 
(1) IN GENERAL.—The Director shall provide 
professional training for all persons serving as 
guardians ad litem under this section. 
(2) TRAINING TOPICS.—The training provided 
under paragraph (1) shall include training in— 
(A) the circumstances and conditions that 
unaccompanied alien children face; and 
(B) various immigration benefits for which 
such alien child might be eligible. 
(c) PILOT PROGRAM.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Director 
shall establish and begin to carry out a pilot pro-
gram to test the implementation of subsection (a). 
(2) PURPOSE.—The purpose of the pilot pro-
gram established under paragraph (1) is to— 
(A) study and assess the benefits of pro-
viding guardians ad litem to assist unaccom-
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212 
panied alien children involved in immigration 
proceedings or matters; 
(B) assess the most efficient and cost-ef-
fective means of implementing the child advo-
cate provisions in this section; and 
(C) assess the feasibility of implementing 
such provisions on a nationwide basis for all un-
accompanied alien children in the care of the 
Office. 
(3) SCOPE OF PROGRAM.— 
(A) SELECTION
OF
SITE.—The Director 
shall select 3 sites in which to operate the pilot 
program established under paragraph (1). 
(B) NUMBER
OF
CHILDREN.—To the 
greatest extent possible, each site selected 
under subparagraph (A) should have at least 25 
children held in immigration custody at any 
given time. 
(4) REPORT TO CONGRESS.—Not later than 1 
year after the date on which the first pilot program 
site is established under paragraph (1), the Director 
shall submit a report on the achievement of the pur-
poses described in paragraph (2) to the Committee 
on the Judiciary of the Senate and the Committee 
on the Judiciary of the House of Representatives. 
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213 
SEC. 822. COUNSEL. 
(a) ACCESS TO COUNSEL.— 
(1) IN GENERAL.—The Director should ensure 
that all unaccompanied alien children in the custody 
of the Office or the Department, who are not de-
scribed in section 811(a)(2), have competent counsel 
to represent them in immigration proceedings or 
matters. 
(2) PRO BONO REPRESENTATION.—To the max-
imum extent practicable, the Director should— 
(A) make every effort to utilize the services 
of competent pro bono counsel who agree to 
provide representation to such children without 
charge; and 
(B) ensure that placements made under 
subparagraphs (D), (E), and (F) of section 
812(a)(1) are in cities where there is a dem-
onstrated capacity for competent pro bono rep-
resentation. 
(3) DEVELOPMENT
OF
NECESSARY
INFRA-
STRUCTURES AND SYSTEMS.—For purposes of this 
subsection, the Director shall develop the necessary 
mechanisms to identify entities available to provide 
such legal assistance and representation and to re-
cruit such entities. 
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214 
(4) CONTRACTING
AND
GRANT
MAKING
AU-
THORITY.— 
(A) IN
GENERAL.—The Director shall 
enter into contracts with, or award grants to, 
nonprofit agencies with relevant expertise in the 
delivery of immigration-related legal services to 
children in order to carry out the responsibil-
ities of this title, including providing legal ori-
entation, screening cases for referral, recruiting, 
training, and overseeing pro bono attorneys. 
(B) SUBCONTRACTING.—Nonprofit agen-
cies may enter into subcontracts with, or award 
grants to, private voluntary agencies with rel-
evant expertise in the delivery of immigration- 
related legal services to children in order to 
carry out this subsection. 
(C) CONSIDERATIONS REGARDING GRANTS 
AND CONTRACTS.—In awarding grants and en-
tering into contracts with agencies under this 
paragraph, the Director shall take into consid-
eration the capacity of the agencies in question 
to properly administer the services covered by 
such grants or contracts without an undue con-
flict of interest. 
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(5) MODEL GUIDELINES ON LEGAL REPRESEN-
TATION OF CHILDREN.— 
(A) DEVELOPMENT OF GUIDELINES.—The 
Executive Office for Immigration Review, in 
consultation with voluntary agencies and na-
tional experts, shall develop model guidelines 
for the legal representation of alien children in 
immigration proceedings. Such guidelines shall 
be based on the children’s asylum guidelines, 
the American Bar Association Model Rules of 
Professional Conduct, and other relevant do-
mestic or international sources. 
(B) 
PURPOSE
OF
GUIDELINES.—The 
guidelines developed under subparagraph (A) 
shall be designed to help protect each child 
from any individual suspected of involvement in 
any criminal, harmful, or exploitative activity 
associated with the smuggling or trafficking of 
children, while ensuring the fairness of the re-
moval proceeding in which the child is involved. 
(C) 
IMPLEMENTATION.—The 
Executive 
Office for Immigration Review shall adopt the 
guidelines developed under subparagraph (A) 
and submit the guidelines for adoption by na-
tional, State, and local bar associations. 
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(b) DUTIES.—Counsel under this section shall— 
(1) represent the unaccompanied alien child in 
all proceedings and matters relating to the immigra-
tion status of the child or other actions involving the 
Department; 
(2) appear in person for all individual merits 
hearings before the Executive Office for Immigration 
Review and interviews involving the Department; 
and 
(3) owe the same duties of undivided loyalty, 
confidentiality, and competent representation to the 
child as is due an adult client. 
(c) ACCESS TO CHILD.— 
(1) IN GENERAL.—Counsel shall have reason-
able access to the unaccompanied alien child, includ-
ing access while the child is being held in detention, 
in the care of a foster family, or in any other setting 
that has been determined by the Office. 
(2) RESTRICTION
ON
TRANSFERS.—Absent 
compelling and unusual circumstances, no child who 
is represented by counsel shall be transferred from 
the child’s placement to another placement unless 
advance notice of at least 24 hours is made to coun-
sel of such transfer. 
VerDate Aug 31 2005 
21:02 Aug 09, 2007
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