[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5240 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5240

   To amend the Immigration and Nationality Act to provide temporary 
 protected status to certain unaccompanied alien children, to provide 
for the adjustment of status of aliens unlawfully present in the United 
     States who are under 18 years of age, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 2000

Mr. Wu (for himself, Mrs. Meek of Florida, Mr. Hastings of Florida, Ms. 
Ros-Lehtinen, and Mr. Diaz-Balart) introduced the following bill; which 
             was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend the Immigration and Nationality Act to provide temporary 
 protected status to certain unaccompanied alien children, to provide 
for the adjustment of status of aliens unlawfully present in the United 
     States who are under 18 years of age, and for other purposes.

    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 ``Alien Children Protection Act of 
2000''.

SEC. 2. USE OF APPROPRIATE FACILITIES FOR THE DETENTION OF ALIEN 
              CHILDREN.

    (a) In General.--Except as provided in subsection (b), in the case 
of any alien under 18 years of age who is awaiting final adjudication 
of the alien's immigration status and who does not have a parent, 
guardian, or relative in the United States into whose custody the alien 
may be released, the Attorney General shall place such alien in a 
facility appropriate for children not later than 72 hours after the 
Attorney General has taken custody of the alien.
    (b) Exception.--The provisions of subsection (a) do not apply to 
any alien under 18 years of age who the Attorney General finds has 
engaged in delinquent behavior, is an escape risk, or has a security 
need greater than that provided in a facility appropriate for children.
    (c) Definition.--In this section, the term ``facility appropriate 
for children'' means a facility, such as foster care or group homes, 
operated by a private nonprofit organization, or by a local 
governmental entity, with experience and expertise in providing for the 
legal, psychological, educational, physical, social, nutritional, and 
health requirements of children. The term ``facility appropriate for 
children'' does not include any facility used primarily to house adults 
or delinquent minors.

SEC. 3. ADJUSTMENT TO PERMANENT RESIDENT STATUS.

    Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) 
is amended by adding at the end the following:
    ``(l)(1) The Attorney General may, in the Attorney General's 
discretion, adjust the status of an alien under 18 years of age (or who 
was under 18 years of age when taken into Government custody) 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 status; 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 Attorney 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 section 208 or protection under section 
        101(a)(27)(J).
    ``(2) The Attorney General shall make a determination 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 residence as of the date of such approval, and 
the Secretary of State shall reduce by one the number of visas 
authorized to be issued under sections 201(d) and 203(b)(4) for the 
fiscal year then current.
    ``(4) Not more than 500 aliens may be granted permanent resident 
status under this subsection in any fiscal year.''.

SEC. 4. ASSIGNMENT OF GUARDIANS AD LITEM TO ALIEN CHILDREN.

    (a) Assignment.--Whenever a covered alien is a party to an 
immigration proceeding, the Attorney General shall assign such covered 
alien a child welfare professional or other individual who has received 
training in child welfare matters and who is recognized by the Attorney 
General as being qualified to serve as a guardian ad litem (in this 
section referred to as the ``guardian''). The guardian shall not be an 
employee of the Immigration and Naturalization Service.
    (b) Responsibilities.--The guardian shall ensure that--
            (1) the covered alien's best interests are promoted while 
        the covered alien participates in, or is subject to, the 
        immigration proceeding; and
            (2) the covered alien understands the proceeding.
    (c) Requirements on the Attorney General.--The Attorney General 
shall serve notice of all matters affecting a covered alien's 
immigration status (including all papers filed in an immigration 
proceeding) on the covered alien's guardian.
    (d) Definition.--In this section, the term ``covered alien'' 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 Attorney General finds that returning 
        the child to his or her country of origin would subject the 
        child to physical or mental abuse.

SEC. 5. SENSE OF CONGRESS.

    Congress commends the Immigration and Naturalization Service for 
its issuance of its ``Guidelines for Children's Asylum Claims'', dated 
December 1998, and encourages and supports the Service's implementation 
of such guidelines in an effort to facilitate the handling of 
children's asylum claims.

SEC. 6. GENERAL ACCOUNTING OFFICE REPORT.

    The General Accounting Office shall prepare a report to Congress 
regarding whether and to what extent U.S. Embassy and consular 
officials are fulfilling their obligation to reunify, on a priority 
basis, children in foreign countries whose parent or parents are 
legally present in the United States.
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