[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4590 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4590

   To amend the Immigration and Nationality Act to establish special 
 procedures for the filing and consideration of asylum applications by 
 alien children who are unaccompanied by a parent or guardian and for 
   the detention of such alien children unaccompanied by a parent or 
                               guardian.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 6, 2000

Mr. Gutierrez (for himself, Mr. Baca, Mr. Gonzalez, Mr. Menendez, Mrs. 
Napolitano, Mr. Ortiz, Mr. Reyes, Mr. Rodriguez, and Ms. Roybal-Allard) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend the Immigration and Nationality Act to establish special 
 procedures for the filing and consideration of asylum applications by 
 alien children who are unaccompanied by a parent or guardian and for 
   the detention of such alien children unaccompanied by a parent or 
                               guardian.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Young Immigrant Protection Act of 
2000''.

SEC. 2. SPECIAL ASYLUM PROCEDURES FOR ALIEN CHILDREN UNACCOMPANIED BY A 
              PARENT OR GUARDIAN.

    Section 208(d) of the Immigration and Nationality Act is amended by 
adding at the end the following new paragraph:
            ``(8) Special procedures for alien children unaccompanied 
        by a parent or guardian.--
                    ``(A) In general.--
                            ``(i) Application of special procedures.--
                        Consistent with the provisions of this 
                        paragraph and the guidelines for children 
                        asylum claims as published on December 10, 
                        1998, by the Office of International Affairs of 
                        the Service, the Attorney General shall 
                        establish, by regulation, special procedures 
                        for the filing and consideration of asylum 
                        applications by alien children unaccompanied by 
                        a parent or guardian and the detention of such 
                        children during the asylum process.
                            (ii) Exception if child is under 12 and 
                        parent objects.--Except under special 
                        circumstances, as determined by the Attorney 
                        General on a case by case basis, an application 
                        for asylum of an alien child who has not 
                        attained the age of 12, and who is 
                        unaccompanied by a parent or guardian, may not 
                        be filed or considered if a parent of the child 
                        notifies the Service of his or her objection to 
                        such an application. Except under special 
                        circumstances, as determined by the Attorney 
                        General on a case by case basis, the guardian 
                        may not initiate any legal action on behalf of 
                        any unaccompanied child who is in detention if 
                        the parent of the child notifies the Service of 
                        his or her objection to that action.
                    ``(B) Appointment of guardian ad litem.--During any 
                period of detention by the Service of more than 7 days 
                or the filing and processing of a claim for asylum, 
                procedures shall ensure the appointment of a guardian 
                ad litem to represent the interest of the unaccompanied 
                alien child. The guardian ad litem may not be an 
                employee of the Service. All appropriate efforts shall 
                be made to ensure the appointment of a guardian ad 
                litem who is fluent in the native language and culture 
                of the child.
                    ``(C) Appointment of legal counsel.--During any 
                period of detention by the Service or the filing and 
                processing of a claim for asylum, the Service shall 
                ensure that an unaccompanied alien child is provided 
                with adequate legal counsel and, if necessary, such 
                counsel shall be appointed by the Service.
                    ``(D) Special detention provisions.--Unaccompanied 
                alien children may not be detained in adult detention 
                facilities, or adult or juvenile correctional 
                facilities. The Attorney General shall through contract 
                or otherwise provide for the detention of such children 
                through custodial arrangements with State child welfare 
                agencies, where possible, or through other private 
                nonprofit group home facilities and foster care 
                placements.
                    ``(E) Translation services.--During any period of 
                detention by the Service or the filing and processing 
                of a claim for asylum, translation services in the 
                native language of the child shall be provided whenever 
                necessary to ensure that an unaccompanied alien child 
                is adequately informed of his or her legal rights and 
                is able to participate in decisions regarding the 
                asylum process, including issues involving detention.
                    ``(F) Periodic reporting.--Not less often than 
                every 30 days, the Service shall provide written notice 
                of a child's detention status and the status of any 
                asylum or other immigration proceedings involving an 
                unaccompanied alien child to the legal counsel and the 
                guardian ad litem.''.
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