I 
108TH CONGRESS 
1ST SESSION H. R. 3361
To provide for the protection of unaccompanied alien children, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 21, 2003
Ms. LOFGREN (for herself, Mr. CANNON, Mr. CONYERS, Ms. HART, Mr. MEEK 
of Florida, Mr. SMITH of New Jersey, Ms. ROS-LEHTINEN, and Ms. 
SCHAKOWSKY) introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To provide for the protection of unaccompanied alien 
children, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Unaccompanied Alien Child Protection Act of 2003’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—CUSTODY, RELEASE, FAMILY REUNIFICATION, AND 
DETENTION
Sec. 101. Procedures when encountering unaccompanied alien children. 
Sec. 102. Family reunification for unaccompanied alien children with relatives 
in the United States. 
Sec. 103. Appropriate conditions for detention of unaccompanied alien children. 
Sec. 104. Repatriated unaccompanied alien children. 
Sec. 105. Establishing the age of an unaccompanied alien child. 
Sec. 106. Effective date. 
TITLE II—ACCESS BY UNACCOMPANIED ALIEN CHILDREN TO 
GUARDIANS AD LITEM AND COUNSEL 
Sec. 201. Guardians ad litem. 
Sec. 202. Counsel. 
Sec. 203. Effective date; applicability. 
TITLE III—STRENGTHENING POLICIES FOR PERMANENT 
PROTECTION OF ALIEN CHILDREN 
Sec. 301. Special immigrant juvenile visa. 
Sec. 302. Training for officials and certain private parties who come into con-
tact with unaccompanied alien children. 
Sec. 303. Report. 
Sec. 304. Effective date. 
TITLE IV—CHILDREN REFUGEE AND ASYLUM SEEKERS 
Sec. 401. Guidelines for children’s asylum claims. 
Sec. 402. Unaccompanied refugee children. 
Sec. 403. Exceptions for unaccompanied alien children in asylum and refugee-
like circumstances. 
TITLE V—AUTHORIZATION OF APPROPRIATIONS 
Sec. 501. Authorization of appropriations. 
TITLE VI—AMENDMENTS TO THE HOMELAND SECURITY ACT OF 
2002
Sec. 601. Additional responsibilities and powers of the Office of Refugee Reset-
tlement with respect to unaccompanied alien children. 
Sec. 602. Technical corrections. 
Sec. 603. Effective date.
SEC. 2. DEFINITIONS. 
(a) IN GENERAL.—In this Act: 
(1) COMPETENT.—The term ‘‘competent’’, in 
reference to counsel, means an attorney who com-
plies with the duties set forth in this Act and—
(A) is a member in good standing of the 
bar of the highest court of any State, posses-
sion, territory, Commonwealth, or the District 
of Columbia; 
(B) is not under any order of any court 
suspending, enjoining, restraining, disbarring, 
or otherwise restricting the attorney in the 
practice of law; and 
(C) is properly qualified to handle matters 
involving unaccompanied immigrant children or 
is working under the auspices of a qualified 
nonprofit organization that is experienced in 
handling such matters. 
(2) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Office. 
(3) DIRECTORATE.—The term ‘‘Directorate’’ 
means the Directorate of Border and Transportation 
Security established by section 401 of the Homeland 
Security Act of 2002 (6 U.S.C. 201). 
(4) OFFICE.—The term ‘‘Office’’ means the Of-
fice of Refugee Resettlement as established by sec-
tion 411 of the Immigration and Nationality Act (8 
U.S.C. 1521). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(6) UNACCOMPANIED ALIEN CHILD.—The term 
‘‘unaccompanied alien child’’ has the same meaning
as is given the term in section 462(g)(2) of the 
Homeland 
Security 
Act 
of 
2002 
(6 
U.S.C. 
279(g)(2)). 
(7) VOLUNTARY
AGENCY.—The term ‘‘vol-
untary agency’’ means a private, nonprofit voluntary 
agency with expertise in meeting the cultural, devel-
opmental, or psychological needs of unaccompanied 
alien children, as certified by the Director of the Of-
fice of Refugee Resettlement. 
(b) AMENDMENTS TO THE IMMIGRATION AND NA-
TIONALITY ACT.—Section 101(a) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)) is amended by adding 
at the end the following: 
‘‘(51) The term ‘unaccompanied alien child’ means 
a child who—
‘‘(A) has no lawful immigration status in the 
United States; 
‘‘(B) has not attained the age of 18; and 
‘‘(C) with respect to whom—
‘‘(i) there is no parent or legal guardian in 
the United States; or 
‘‘(ii) no parent or legal guardian in the 
United States is able to provide care and phys-
ical custody.
‘‘(52) The term ‘unaccompanied refugee children’ 
means persons described in paragraph (42) who—
‘‘(A) have not attained the age of 18; and 
‘‘(B) with respect to whom there are no parents 
or legal guardians available to provide care and 
physical custody.’’. 
TITLE 
I—CUSTODY, 
RELEASE, 
FAMILY REUNIFICATION, AND 
DETENTION 
SEC. 101. PROCEDURES WHEN ENCOUNTERING UNACCOM-
PANIED ALIEN CHILDREN. 
(a) UNACCOMPANIED CHILDREN FOUND ALONG THE 
UNITED STATES BORDER OR AT UNITED STATES PORTS 
OF ENTRY.—
(1) IN GENERAL.—Subject to paragraph (2), if 
an immigration officer finds an unaccompanied alien 
child who is described in paragraph (2) at a land 
border or port of entry of the United States and de-
termines that such child is inadmissible under the 
Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.), the officer shall—
(A) permit such child to withdraw the 
child’s application for admission pursuant to 
section 235(a)(4) of the Immigration and Na-
tionality Act (8 U.S.C. 1225(a)(4)); and
(B) return such child to the child’s country 
of nationality or country of last habitual resi-
dence. 
(2) SPECIAL
RULE
FOR
CONTIGUOUS
COUN-
TRIES.—
(A) IN GENERAL.—Any child who is a na-
tional or habitual resident of a country that is 
contiguous with the United States and that has 
an agreement in writing with the United States 
providing for the safe return and orderly repa-
triation of unaccompanied alien children who 
are nationals or habitual residents of such 
country shall be treated in accordance with 
paragraph (1), unless a determination is made, 
on a case-by-case basis, that such child is a na-
tional or habitual resident of such a country 
and that—
(i) such child has a fear of returning 
to the child’s country of nationality or 
country of last habitual residence owing to 
a fear of persecution; 
(ii) the return of such child to the 
child’s country of nationality or country of 
last habitual residence would endanger the 
life or safety of such child; or
(iii) the child cannot make an inde-
pendent decision to withdraw the child’s 
application for admission due to age or 
other lack of capacity. 
(B) RIGHT OF CONSULTATION.—Any child 
described in subparagraph (A) shall have the 
right to consult with a consular officer from the 
child’s country of nationality or country of last 
habitual residence prior to repatriation, as well 
as consult with the Office, telephonically, and 
such child shall be informed of that right in the 
child’s native language. 
(3) RULE FOR APPREHENSIONS AT THE BOR-
DER.—The custody of unaccompanied alien children 
not described in paragraph (2) who are apprehended 
at the border of the United States or at a United 
States port of entry shall be treated in accordance 
with the provisions of subsection (b). 
(b) CARE AND CUSTODY OF UNACCOMPANIED ALIEN 
CHILDREN FOUND IN THE INTERIOR OF THE UNITED 
STATES.—
(1) ESTABLISHMENT OF JURISDICTION.—
(A) IN
GENERAL.—Except as otherwise 
provided under subparagraphs (B) and (C) and 
subsection (a), the care and custody of all unac-
companied alien children, including responsi-
bility for their detention, where appropriate, 
shall be under the jurisdiction of the Office. 
(B) EXCEPTION FOR CHILDREN WHO HAVE 
COMMITTED
CRIMES.—Notwithstanding 
sub-
paragraph (A), the Directorate shall retain or 
assume the custody and care of any unaccom-
panied alien child who—
(i) has been charged with any felony, 
excluding offenses proscribed by the Immi-
gration and Nationality Act (8 U.S.C. 
1101 et seq.), while such charges are pend-
ing; or 
(ii) has been convicted of any such fel-
ony. 
(C) EXCEPTION
FOR
CHILDREN
WHO 
THREATEN
NATIONAL
SECURITY.—Notwith-
standing subparagraph (A), the Directorate 
shall retain or assume the custody and care of 
an unaccompanied alien child if the Secretary 
has substantial evidence, based on an individ-
ualized determination, that such child could 
personally endanger the national security of the 
United States.
(D) TRAFFICKING VICTIMS.—For purposes 
of section 462 of the Homeland Security Act of 
2002 (6 U.S.C. 279) and this Act, an unaccom-
panied alien child who is eligible for services au-
thorized under the Victims of Trafficking and 
Violence Protection Act of 2000 (Public Law 
106–386), shall be considered to be in the cus-
tody of the Office. 
(2) NOTIFICATION.—
(A) IN
GENERAL.—The Secretary shall 
promptly notify the Office upon—
(i) the apprehension of an unaccom-
panied alien child; 
(ii) the discovery that an alien in the 
custody of the Directorate is an unaccom-
panied alien child; 
(iii) any claim by an alien in the cus-
tody of the Directorate that such alien is 
under the age of 18; or
(iv) any suspicion that an alien in the 
custody of the Directorate who has claimed 
to be over the age of 18 is actually under 
the age of 18. 
(B) SPECIAL
RULE.—In the case of an 
alien described in clause (iii) or (iv) of subpara-
graph (A), the Director shall make an age de-
termination in accordance with section 105 and 
take whatever other steps are necessary to de-
termine whether or not such alien is eligible for 
treatment under section 462 of the Homeland 
Security Act of 2002 (6 U.S.C. 279) or this 
Act. 
(3) TRANSFER
OF
UNACCOMPANIED
ALIEN 
CHILDREN.—
(A) TRANSFER TO THE OFFICE.—The care 
and custody of an unaccompanied alien child 
shall be transferred to the Office—
(i) in the case of a child not described 
in subparagraph (B) or (C) of paragraph 
(1), not later than 72 hours after the ap-
prehension of such child; or 
(ii) in the case of a child whose cus-
tody and care has been retained or as-
sumed by the Directorate pursuant to sub-
paragraph (B) or (C) of paragraph (1), 
immediately following a determination that 
the child no longer meets the description 
set forth in such subparagraphs.
(B) TRANSFER TO THE DIRECTORATE.—
Upon determining that a child in the custody of
the Office is described in subparagraph (B) or 
(C) of paragraph (1), the Director shall 
promptly make arrangements to transfer the 
care and custody of such child to the Direc-
torate. 
(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 
Act, a determination of whether or not such alien meets 
the age requirements for treatment under this Act shall 
be made by the Director in accordance with section 105. 
SEC. 102. FAMILY REUNIFICATION FOR UNACCOMPANIED 
ALIEN CHILDREN WITH RELATIVES IN THE 
UNITED STATES. 
(a) PLACEMENT AUTHORITY.— 
(1) ORDER OF PREFERENCE.—Subject to the 
discretion of the Director under paragraph (4) and 
section 103(a)(2), an unaccompanied alien child in 
the custody of the Office shall be promptly placed 
with 1 of the following individuals or entities in the 
following order of preference: 
(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 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 
physical 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 qualification of the adult 
or entity shall be decided by the Office. 
(2) 
SUITABILITY
ASSESSMENT.—Notwith-
standing paragraph (1), no unaccompanied alien 
child shall be placed with a person or entity unless 
a valid suitability assessment conducted by an agen-
cy of the State of the child’s proposed residence, by 
an agency authorized by that State to conduct such 
an assessment, or by an appropriate voluntary agen-
cy contracted with the Office to conduct such assess-
ments has found that the person or entity is capable
of providing for the child’s physical and mental well-
being. 
(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 
placed with any person or entity other than a 
parent or legal guardian, but subsequent to 
that placement a parent or legal guardian seeks 
to establish custody, the Director shall assess 
the suitability of placing the child with the par-
ent or legal guardian and shall make a written 
determination on the child’s placement within 
30 days. 
(B) RULE OF CONSTRUCTION.—Nothing in 
this Act 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.—
(i) IN GENERAL.—The Director shall 
establish policies and programs to ensure 
that unaccompanied alien children are pro-
tected from smugglers, traffickers, or other 
persons seeking to victimize or otherwise 
engage such children in criminal, harmful, 
or exploitative activity. 
(ii) WITNESS PROTECTION PROGRAMS 
INCLUDED.—The 
programs 
established 
pursuant to clause (i) may include witness 
protection programs. 
(B) CRIMINAL INVESTIGATIONS AND PROS-
ECUTIONS.—Any officer or employee of the Of-
fice or the Department of Homeland Security, 
and any grantee or contractor of the Office,
who suspects any individual of being involved 
in any activity described in subparagraph (A) 
shall report such individual to Federal or State 
prosecutors for criminal investigation and pros-
ecution.
(C) DISCIPLINARY ACTION.—Any officer or 
employee of the Office or the Department of 
Homeland Security, and any grantee or con-
tractor of the Office, who suspects an attorney 
of being involved in any activity described in 
subparagraph (A) shall report the individual to 
the State bar association of which the attorney 
is a member, or to other appropriate discipli-
nary authorities, for appropriate disciplinary ac-
tion that may include private or public admoni-
tion or censure, suspension, or disbarment of 
the attorney from the practice of law.
(5) GRANTS AND CONTRACTS.—Subject to the 
availability of appropriations, the Director may 
make grants to, and enter into contracts with, vol-
untary agencies to carry out section 462 of the 
Homeland Security Act of 2002 (6 U.S.C. 279) or 
to carry out this section.
(6) REIMBURSEMENT OF STATE EXPENSES.—
Subject to the availability of appropriations, the Di-
rector may reimburse States for any expenses they 
incur in providing assistance to unaccompanied alien 
children who are served pursuant to section 462 of
the Homeland Security Act of 2002 (6 U.S.C. 279) 
or this Act.
(b) CONFIDENTIALITY.—All information obtained by 
the Office relating to the immigration status of a person 
described in subsection (a) shall remain confidential and 
may be used only for the purposes of determining such 
person’s qualifications under subsection (a)(1). 
SEC. 103. 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 
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 the be-
havior in a facility appropriate for delinquent chil-
dren. 
(3) STATE LICENSURE.—In the case of a place-
ment of a child with an entity described in section 
102(a)(1)(E), the entity must be 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 shall pro-
mulgate regulations incorporating standards for 
conditions of detention in such placements that 
provide for—
(i) educational services appropriate to 
the child; 
(ii) medical care;
(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 in accordance with sub-
paragraph (A) shall provide that all children 
are notified orally and in writing of such stand-
ards in the child’s native language. 
(b) PROHIBITION OF CERTAIN PRACTICES.—The Di-
rector and the Secretary shall develop procedures prohib-
iting the unreasonable use of— 
(1) shackling, handcuffing, or other restraints 
on children; 
(2) solitary confinement; or 
(3) pat or strip searches. 
(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. 104. 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
children in its custody into settings that would 
threaten the life and safety of such children. 
(2) ASSESSMENT OF CONDITIONS.—
(A) IN GENERAL.—The Secretary of State 
shall include each year in the State Department 
Country Report on Human Rights, an assess-
ment of the degree to which each country pro-
tects children from smugglers and traffickers. 
(B) FACTORS FOR ASSESSMENT.—The Of-
fice shall consult the State Department Country 
Report on Human Rights and the Victims of 
Trafficking and Violence Protection Act of 
2000: Trafficking in Persons Report in assess-
ing whether to repatriate an unaccompanied 
alien child to a particular 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
thereafter, the Director shall submit a report to the 
Committees on the Judiciary of the House of Rep-
resentatives and the Senate on efforts to repatriate 
unaccompanied alien children.
(2) CONTENTS.—The report submitted under 
paragraph (1) shall include, at a minimum, the fol-
lowing information: 
(A) The number of unaccompanied alien 
children ordered removed and the number of 
such children actually removed from the United 
States. 
(B) A description of the type of immigra-
tion relief sought and denied to such children. 
(C) A statement of the nationalities, ages, 
and gender of such children. 
(D) A description of the procedures used 
to effect the removal of such children from the 
United States. 
(E) A description of steps taken to ensure 
that such children were safely and humanely re-
patriated to their country of origin. 
(F) Any information gathered in assess-
ments of country and local conditions pursuant 
to subsection (a)(2). 
SEC. 105. ESTABLISHING THE AGE OF AN UNACCOMPANIED 
ALIEN CHILD. 
(a) IN GENERAL.—The Director shall develop proce-
dures to determine the age of an alien in the custody of 
the Department of Homeland Security or the Office, when
(1) by striking ‘‘(3) TRANSFER AND ALLOCA-
TION OF APPROPRIATIONS AND PERSONNEL.—The 
personnel’’ and inserting the following: 
‘‘(3) TRANSFER AND ALLOCATION OF APPRO-
PRIATIONS AND PERSONNEL.—
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the personnel’’; and 
(2) by inserting at the end the following: 
‘‘(B) EXCEPTION.—The Director may hire 
and fix the level of compensation of an ade-
quate number of personnel to carry out the du-
ties of the Office. Notwithstanding the provi-
sions of subparagraph (A), the Director may 
elect not to receive the transfer of any per-
sonnel of the Department of Justice employed 
in connection with the functions transferred by 
this section or, at the Director’s discretion, to 
assign different duties to such personnel.’’. 
SEC. 602. TECHNICAL CORRECTIONS. 
Section 462(b) of the Homeland Security Act of 2002 
(6 U.S.C. 279(b)), as amended by section 601, is amend-
ed—
(1) in paragraph (3), by striking ‘‘paragraph 
(1)(G)’’ and inserting ‘‘paragraph (1)’’; and 
(2) by adding at the end the following: