[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 505 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 505

    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 immigration proceedings.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2001

   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 advisors to assist unaccompanied alien 
                  children in immigration proceedings.

    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 Unaccompanied Minor Adjustment 
and Protection Act of 2001''.

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 following:
    ``(m)(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 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, 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 Immigration and Naturalization 
        Service of a panel of independent 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 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 designated in a 
        manner that assures that children in all parts of the United 
        States are adequately served.
    (b) Assignment.--Whenever a covered unaccompanied 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 connection 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 affecting a covered unaccompanied 
alien child's immigration status (including all papers filed in an 
immigration proceeding) on the child's guardian assigned under this 
section.
    (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 Attorney 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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