3.0.0 844 2023-01-11T19:46:16Z 2023-01-11T19:46:16Z Senate S S 2007-03-12 110 ssju00 Judiciary Committee Senate Standing Referred to 2007-03-12T20:18:56Z 2007-03-12 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3005-3010) IntroReferral 2007-03-12 Sponsor introductory remarks on measure. (CR S3004-3005) IntroReferral B00100 9 Library of Congress 2007-03-12 Introduced in Senate IntroReferral 10000 9 Library of Congress F000062 Sen. Feinstein, Dianne [D-CA] Dianne Feinstein D CA N H001028 Sen. Hagel, Chuck [R-NE] CHUCK HAGEL R NE 2007-03-12 True K000105 Sen. Kennedy, Edward M. [D-MA] EDWARD KENNEDY D MA MOORE 2007-03-12 True F000061 Sen. Feingold, Russell D. [D-WI] RUSSELL FEINGOLD D WI D. 2007-03-12 True C000127 Sen. Cantwell, Maria [D-WA] Maria Cantwell D WA 2007-03-12 True K000148 Sen. Kerry, John F. [D-MA] JOHN KERRY D MA FORBES 2007-03-12 True L000304 Sen. Lieberman, Joseph I. [ID-CT] JOSEPH LIEBERMAN ID CT I. 2007-03-14 False K000305 Sen. Kohl, Herb [D-WI] HERBERT KOHL D WI H. 2007-03-15 False C001035 Sen. Collins, Susan M. [R-ME] Susan Collins R ME M. 2007-03-19 False B000468 Sen. Bingaman, Jeff [D-NM] JESSE BINGAMAN D NM FRANCIS 2007-03-29 False B000944 Sen. Brown, Sherrod [D-OH] Sherrod Brown D OH 2007-04-11 False L000550 Sen. Landrieu, Mary L. [D-LA] MARY LANDRIEU D LA 2007-05-10 False M001111 Sen. Murray, Patty [D-WA] Patty Murray D WA 2007-07-17 False Immigration Administrative procedure Administrative remedies Adoption Age Agriculture and Food Aliens Armed Forces and National Security Authorization Border patrols Canada Child abuse Child health Child safety Child sexual abuse Child welfare Children's rights Civil Rights and Liberties, Minority Issues Congress Congress and foreign policy Congressional reporting requirements Correctional institutions Court records Crime and Law Enforcement Criminal aliens Criminal investigation Curricula Custody of children Damages Department of Health and Human Services Department of Homeland Security Deportation Detention of persons Diet Disabled Disciplining of employees Economics and Public Finance Education Elementary and secondary education Employee training Evidence (Law) Families Federal employees Federal law enforcement officers Finance and Financial Sector Fines (Penalties) Foster home care Government Operations and Politics Government service contracts Government statistics Grants-in-aid Group homes Guardian and ward Health Human rights Illegal aliens Immigrant education Immigrant health Immigrants International Affairs Juvenile delinquency Labor and Employment Language and languages Latin America Law Legal aid Legal education Legal ethics Legal fees Legal services Licenses Limitation of actions Local officials Mental health services Mexicans Mexico Nonprofit organizations Parent and child Parole Political persecution Prosecution Recruiting of employees Refugees Religion Repatriation Right of asylum Right of privacy Right to counsel Smuggling Social Welfare Social work Standards State officials Subcontractors Surety and fidelity Teacher education Translating and interpreting Trauma care Treaties Visas Witnesses Immigration 00 2007-03-12 Introduced in Senate 2007-04-11T20:47:53Z Unaccompanied Alien Child Protection Act of 2007 - Addresses the care and custody of unaccompanied alien children (children), defined as children under the age of 18 with no lawful immigration status and no parent or legal guardian in the United States who is available to provide care and physical custody.

Directs immigration officers who find such children at U.S. land borders or ports of entry to permit them to withdraw their applications for admission and return to their country of nationality or last habitual residence. States that such children shall have the right to consult with a consular officer prior to repatriation and with the Office of Refugee Resettlement (the Office) at the Department of Health and Human Services (HHS).

Gives the Office jurisdiction over the care and custody of all unaccompanied alien children except: (1) the Department of Justice (DOJ) shall have responsibility for those imprisoned for a federal crime or in DOJ custody pending prosecution; and (2) the Department of Homeland Security (DHS) shall have responsibility for those who threaten national security.

Requires federal departments or agencies to transfer such children in their custody to the Office.

Specifies the order of preference for placing released children, including custody rights of parents and legal guardians. Requires the Office to protect such children from smugglers and traffickers.

Prohibits the placement of such children in adult detention facilities or in facilities housing delinquent children unless they exhibit violent or criminal behavior. Specifies the preference order for such children's placement.

Requires the Office and and DHS to: (1) promulgate detention standards; and (2) develop procedures to prohibit the unreasonable use of restraints, solitary confinement, or pat or strip searches.

Expresses the sense of Congress that the U.S. government should ensure that it does not repatriate children into settings that would threaten their life and safety.

Requires the Office to develop procedures for determining the age of aliens in DHS or Office custody.

Authorizes the Director of the Office to appoint qualified and duly trained child advocates for such children.

Requires the Director to: (1) provide professional training for such child advocates; and (2) implement a pilot program for their appointment.

States that the Director should ensure that such children in Office or DHS custody, except those being repatriated to a contiguous country, have immigration counsel.

Requires the Executive Office for Immigration Review (EOIR) to develop and implement model guidelines for the legal representation of alien children in immigration proceedings.

Bars such children in Office custody from consenting to immigration actions, including voluntary departure, unless first afforded an opportunity to consult with counsel.

Makes such child advocate and counsel provisions applicable to all such children in federal custody on, before, or after the effective date of this Act.

Amends the Immigration and Nationality Act to revise special immigrant juvenile visa provisions. Requires an alien to be 18 years or younger and present in the United States on the date of visa application. (Provides a transition rule for aliens who applied for such visa before enactment of this Act and were between the ages of 19-21 at the time of application.) Authorizes waiver of certain grounds of inadmissibility.

Commends the Immigration and Naturalization Service (INS) for its issuance of the 1998 Guidelines for Children's Asylum Claims and encourages implementation of such guidelines by INS and its successor. Calls upon EOIR to adopt such guidelines in its handling of children's asylum claims.

Requires such children apprehended by DHS, except those subject to contiguous country rules, to be placed in removal proceedings. Exempts such children from certain bars to asylum.

Amends the Homeland Security Act of 2002 (HSA) to make the Director responsible for: (1) placement suitability assessments for such children; and (2) ensuring that minimum standards of care are met for residential alternatives to detention.

States that the amendments to HSA made by this Act shall be effective as if enacted as part of HSA.

]]> Unaccompanied Alien Child Protection Act of 2007 Official Title as Introduced A bill to provide for the protection of unaccompanied alien children, and for other purposes. Introduced in Senate IS Display Title Unaccompanied Alien Child Protection Act of 2007 Short Titles as Introduced Unaccompanied Alien Child Protection Act of 2007 Introduced in Senate 2007-03-12T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110s844is/xml/BILLS-110s844is.xml 2007-03-12 Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3005-3010) text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.