I
106TH CONGRESS
2D SESSION
H. R. 4354
To amend the Immigration and Nationality Act to provide for the adjustment
of status of certain unaccompanied alien children and the establishment
of a panel of advisors to assist unaccompanied alien children in immigra-
tion proceedings.
IN THE HOUSE OF REPRESENTATIVES
MAY 2, 2000
Mr. HASTINGS of Florida introduced the following bill; which was referred to
the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to provide
for the adjustment of status of certain unaccompanied
alien children and the establishment of a panel of advi-
sors to assist unaccompanied alien children in immigra-
tion proceedings.
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 ‘‘Alien Unaccompanied
Minor Adjustment and Protection Act of 2000’’.
SEC. 2. ADJUSTMENT TO PERMANENT RESIDENT STATUS
OF CERTAIN UNACCOMPANIED CHILDREN.
Section 245 of the Immigration and Nationality Act
(8 U.S.C. 1255) is amended by adding at the end the fol-
lowing:
‘‘(l)(1) The Attorney General may, in the Attorney
General’s discretion, adjust the status of an alien under
18 years of age who has no lawful immigration status in
the United States to that of an alien lawfully admitted
for permanent residence if—
‘‘(A)(i) the alien (or a parent or legal guardian
acting on the alien’s behalf) has applied for the sta-
tus; and
‘‘(ii) the alien has resided in the United States
for a period of 5 consecutive years; or
‘‘(B)(i) no parent or legal guardian requests the
alien’s return to the country of the parent’s or
guardian’s domicile, or with respect to whom the At-
torney General finds that returning the child to his
or her country of origin would subject the child to
mental or physical abuse; and
‘‘(ii) the Attorney General determines that it is
in the best interests of the alien to remain in the
United States notwithstanding the fact that the
alien is not eligible for asylum protection under sec-
tion 208 or protection under section 101(a)(27)(J).
‘‘(2) The Attorney General shall make a determina-
tion under paragraph (1)(B)(ii) based on input from a
person or entity that is not employed by or a part of the
Service and that is qualified to evaluate children and opine
as to what is in their best interest in a given situation.
‘‘(3) Upon the approval of adjustment of status of
an alien under paragraph (1), the Attorney General shall
record the alien’s lawful admission for permanent resi-
dence as of the date of such approval, but the Secretary
of State shall not reduce the number of visas authorized
to be issued under sections 201 and 203 as a result of
such action.’’.
SEC. 3. PANEL OF ADVISORS FOR UNACCOMPANIED ALIEN
CHILDREN.
(a) ESTABLISHMENT OF PANEL OF ADVISORS FOR
UNACCOMPANIED ALIEN CHILDREN.—
(1) IN GENERAL.—The Attorney General shall
provide for the establishment outside the Immigra-
tion and Naturalization Service of a panel of inde-
pendent advisors whose responsibility is to serve as
guardians ad litem for covered unaccompanied alien
children who are in proceedings before such Service
under this section. No such individual shall be an
employee of the Immigration and Naturalization
Service.
(2) COMPOSITION.—The Attorney General shall
provide for the preliminary designation of at least
200 such advisors, or such greater number as may
be required to carry out this section. Such advisors
shall be individuals who are skilled in social services,
psychology, education, and other fields relevant to
serving as such guardians.
(3) DISTRIBUTION.—The advisors shall be des-
ignated in a manner that assures that children in all
parts of the United States are adequately served.
(b) ASSIGNMENT.—Whenever a covered unaccom-
panied alien child is a party to an immigration proceeding,
the Attorney General shall assign such child an individual
from the panel established under subsection (a) to serve
as guardian ad litem under this section.
(c) RESPONSIBILITIES.—The guardian shall provide
advocacy, independent advice, and support to child in con-
nection with the immigration proceedings, including any
legal proceedings relating to the immigration proceedings.
(d) REQUIREMENTS ON THE ATTORNEY GENERAL.—
The Attorney General shall serve notice of all matters af-
fecting a covered unaccompanied alien child’s immigration
status (including all papers filed in an immigration pro-
ceeding) on the child’s guardian assigned under this sec-
tion.
(e) DEFINITION.—In this section, the term ‘‘covered
unaccompanied alien child’’ means an alien—
(1) who is under 18 years of age;
(2) who has no lawful immigration status in the
United States and is not within the physical custody
of a parent or legal guardian; and
(3) whom no parent or legal guardian requests
the person’s return to the country of the parent’s or
guardian’s domicile or with respect to whom the At-
torney General finds that returning the child to his
or her country of origin would subject the child to
physical or mental abuse.
(f) CONSTRUCTION.—Nothing in this section shall be
construed as affecting or superseding the appointment of
guardians ad litem under other provisions of law.
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