[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5061 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5061

 To provide for the appointment of a guardian ad litem to protect the 
interests under Federal immigration law of certain alien minor children 
 present in the United States without a parent or other legal guardian.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2000

   Mr. McCollum (for himself, Mr. Diaz-Balart, Ms. Ros-Lehtinen, Mr. 
    Foley, Mr. Shadegg, and Mr. Smith of New Jersey) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide for the appointment of a guardian ad litem to protect the 
interests under Federal immigration law of certain alien minor children 
 present in the United States without a parent or other legal guardian.

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

SECTION 1. APPOINTMENT OF GUARDIAN AD LITEM FOR CERTAIN ALIEN CHILDREN.

    Section 235(a) of the Immigration and Nationality Act (8 U.S.C. 
1225(a)) is amended by adding at the end the following:
            ``(6) Appointment of guardian ad litem.--
                    ``(A) In general.--
                            ``(i) Deadline for appointment.--Subject to 
                        subparagraph (F), the Attorney General shall 
                        appoint for an alien a guardian ad litem 
                        described in subparagraph (E) not later than 30 
                        days after the date on which all of the 
                        conditions described in subparagraph (D) are 
                        fulfilled with respect to the alien.
                            ``(ii) Termination of appointment.--The 
                        guardian ad litem shall carry out the duties 
                        described in subparagraph (B) until--
                                    ``(I) the alien departs from the 
                                United States;
                                    ``(II) a final administrative order 
                                with respect to an asylum claim is 
                                made; or
                                    ``(III) the alien attains 18 years 
                                of age;
                        whichever occurs first.
                            ``(iii) Notice.--The Attorney General shall 
                        serve notice of all matters affecting any duty 
                        described in subparagraph (B) on the guardian.
                    ``(B) Duties.--The guardian ad litem--
                            ``(i) in connection with an actual or 
                        potential application for asylum by the alien--
                                    ``(I) shall conduct an interview of 
                                the alien in a manner that is 
                                appropriate, taking into account the 
                                alien's age;
                                    ``(II) shall otherwise investigate 
                                the facts and circumstances relevant to 
                                such an application, including facts 
                                and circumstances arising in the 
                                country of the alien's nationality or 
                                last habitual residence and facts and 
                                circumstances arising subsequent to the 
                                alien's departure from such country; 
                                and
                                    ``(III) not later than 30 days 
                                after the appointment of the guardian, 
                                shall provide to all parties in any 
                                immigration proceeding involving the 
                                alien a report containing the results 
                                of this investigation, a statement of 
                                the wishes of the alien, and the 
                                guardian's recommendations, and shall 
                                provide subsequent similar reports as 
                                necessary;
                            ``(ii) shall advise the alien on whether 
                        the alien should voluntarily depart from the 
                        United States under paragraph (4) or section 
                        240B;
                            ``(iii) otherwise shall ensure that the 
                        covered alien's best interests are promoted 
                        while the alien participates in, or is subject 
                        to, proceedings under this section, asylum 
                        proceedings, or removal proceedings under any 
                        provision of this title; and
                            ``(iv) shall ensure that the alien 
                        understands such determinations and 
                        proceedings.
                    ``(C) Powers.--
                            ``(i) Authorities.--The guardian ad litem--
                                    ``(I) may be present at all 
                                hearings involving the alien that are 
                                held in connection with proceedings 
under this section, asylum proceedings, or removal proceedings under 
any provision of this title;
                                    ``(II) may review all records and 
                                information related to such 
                                proceedings; and
                                    ``(III) may seek independent 
                                evaluations of the alien.
                            ``(ii) Limitation.--The guardian ad litem 
                        shall not have authority under this paragraph 
                        to file a petition under this Act on behalf of 
                        the alien in contravention of the wishes of any 
                        parent of the alien.
                    ``(D) Minors described.--With respect to an alien, 
                the conditions described in this subparagraph are the 
                following:
                            ``(i) The alien is under 18 years of age.
                            ``(ii) The alien is deemed to be an 
                        applicant for admission under paragraph (1) or 
                        is a stowaway described in paragraph (2).
                            ``(iii) The alien is not lawfully in the 
                        physical custody of a natural or adoptive 
                        parent, a stepparent, or any other person 
                        legally authorized to stand in loco parentis.
                            ``(iv) If the alien is a citizen or 
                        national of a foreign state that is not 
                        designated as a state sponsor of terrorism 
                        under section 6(j) of the Export Administration 
                        Act of 1979 (50 U.S.C. App. 2405(j)) or section 
                        620A of the Foreign Assistance Act of 1961 (22 
                        U.S.C. 2371), the alien indicates an intention 
                        to apply for asylum or a fear of persecution, 
                        or the Attorney General determines that there 
                        is a significant possibility that the alien 
                        could establish eligibility for asylum.
                    ``(E) Guardian described.--A guardian ad litem 
                described in this subparagraph is an individual who--
                            ``(i) is a child welfare professional or 
                        other individual who has received training in 
                        child welfare matters;
                            ``(ii) is recognized by the Attorney 
                        General as being qualified to serve as a 
                        guardian ad litem; and
                            ``(iii) is not an officer or employee of 
                        the Service, is not acting as the alien's 
                        immigration attorney, is not a relative of the 
                        alien, and is not a person with a conflict of 
                        interest.
                    ``(F) Stay of proceedings pending appointment.--
                Upon determining that the appointment of a guardian ad 
                litem is required under this section, the Attorney 
                General, until such appointment has taken effect--
                            ``(i) shall stay all proceedings under this 
                        Act or any other Federal immigration law; and
                            ``(ii) may not take any action to induce or 
                        facilitate the alien's voluntary departure.
                    ``(G) Deference to decisions and recommendations of 
                guardian.--Pursuant to regulations promulgated by the 
                Attorney General under this paragraph, the decisions 
                and recommendations made, and the actions taken, by a 
                guardian ad litem appointed under this paragraph shall 
                be treated the same as the decisions, recommendations, 
                and actions of a guardian ad litem appointed for a 
                minor child in a child welfare proceeding under State 
                law.
                    ``(H) Subject to international agreements.--Nothing 
                in this paragraph shall be construed to supersede any 
                requirement under any international agreement or treaty 
                to which the United States is a party.''.
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