I 
109TH CONGRESS 
1ST SESSION H. R. 1172
To provide for the protection of unaccompanied alien children, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 8, 2005
Ms. ZOE LOFGREN of California (for herself, Mr. CANNON, Mr. BERMAN, Mr. 
SMITH of New Jersey, Mr. CONYERS, and Ms. HART) introduced the fol-
lowing 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 2005’’. 
(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—
(A) complies with the duties set forth in 
this Act;
(B) 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; 
(C) is not under any order of any court 
suspending, enjoining, restraining, disbarring, 
or otherwise restricting the attorney in the 
practice of law; and 
(D) 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 established by section 
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 meaning given 
the term in section 462(g)(2) of the Homeland Secu-
rity 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. 
(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.