[Congressional Record Volume 153, Number 42 (Monday, March 12, 2007)]
[Senate]
[Pages S3004-S3010]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Hagel, Mr. Kennedy, Mr. 
        Feingold, Ms. Cantwell, and Mr. Kerry):
  S. 844. A bill to provide for the protection of unaccompanied alien 
children, and for other purposes; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, today, I am pleased to introduce the 
Unaccompanied Alien Child Protection Act of 2007, along with Senators 
Hagel, Kennedy, Feingold, Cantwell, and Kerry. This important 
legislation will govern the way the Federal Government treats 
undocumented immigrant children who end up or show up all alone at our 
borders or within the United States.
  I first introduced legislation similar to this bill in January 2001. 
It has now passed twice out of the Senate. Yet, unfortunately, both 
times it stalled in the House of Representatives.
  Despite the passage of time, this bill remains vital to the proper 
treatment of young undocumented children who get caught within our 
Federal system. My hope is that this is the year that this bill will 
become law.
  Every year, more than 7,000 undocumented and unaccompanied children 
are apprehended. Most are from Central America, but others come from 
Mexico, India, China, Somalia, Sierra Leone, and remote places around 
the world. Some have parents or other relatives who the child is trying 
to find in the United States, but many have no one.
  These children come to the United States for many reasons: reuniting 
with family, pursuing education or employment, escaping family violence 
or abuse, fleeing political or religious persecution, and seeking 
protection from gang violence or recruitment.
  Some children are brought here by adults seeking to exploit them for 
commercial sex work, domestic servitude, or other forced labor. 
Sometimes they're too young to understand why they've been sent to the 
United States at all.
  These children are the most vulnerable immigrants who come to this 
country and I believe we have a special obligation to ensure that they 
are treated humanely and fairly.
  Historically, U.S. immigration law and policies have been developed 
and implemented without regard to their effect on children. This result 
has been similar to trying to fit a square peg in a round hole--it just 
cannot work.
  Under current immigration law, these children are forced to struggle 
through a system designed for adults, even though they lack the 
capacity to understand nuanced legal principles, let alone courtroom 
and administrative procedures. Because of this, children who may very 
well be eligible for relief are often deported back to the very life-
threatening situations from which they fled--before they are even able 
to make their cases before the Department of Homeland Security or an 
immigration judge.
  For example, the New York Times recently reported the story of Young 
Zheng, who was 14 years old when his parents sent him from China to the 
United States.
  He was first detained for a year at a facility that was later closed 
due to abysmal conditions. Fortunately, he was then transferred to 
Chicago, where he was assigned a child advocate who spent time with him 
and urged his release to his relatives.
  Six months later, Young was released to live with his uncle in Akron, 
OH. Then, immigration authorities suddenly attempted to deport Young in 
April 2005.
  Young so feared being deported that he tried to hurt himself. Young 
was terrified that he would be subject to torture by the Chinese 
government or that the traffickers would exact physical revenge. The 
traffickers had already threatened retribution against his family if 
they did not repay the trafficking fee of $60,000.
  With the help of a team of pro bono attorneys and the child advocate, 
Young's removal was stayed. In April 2006, Young received his green 
card and is now a model high school student.
  This example dramatically highlights why this legislation is still so 
critical. It was only because Young was lucky enough that pro bono 
attorneys and a child advocate happened to intervene in his case that 
he was not deported. And, they intervened only after he was detained 
for 1 year in squalid conditions in the United States.
  According to an analysis of Department of Justice data in 2000, those 
children fortunate enough to find representation, usually through a pro 
bono attorney, are more than four times as likely to be granted asylum.
  Sadly, many children never get the help of a child advocate or a pro 
bono lawyer. Worse, for those children who are victims of human 
trafficking, their only advice may come from lawyers hired by the 
traffickers who care nothing for the child's best interest.
  The legislation that I am introducing today builds on the Homeland 
Security Act of 2002, which adopted components of the bill that I first 
introduced during the 107th Congress.
  The Homeland Security Act transferred responsibility for the care and 
placement of unaccompanied alien children from the now-abolished 
Immigration and Naturalization Service to the Office of Refugee 
Resettlement within the Department of Health and Human Services.
  This change finally resolved the conflict of interest inherent in the 
former system that pitted the enforcement side of the Immigration and 
Naturalization Service against the benefits side of that same agency in 
the care of unaccompanied alien children.
  I am pleased that the provision transferring responsibility for the 
care and custody of unaccompanied alien children was included in the 
Homeland Security Act, and that by all accounts, the transition in the 
care of children between the affected agencies has gone well.
  Yet, because the Homeland Security Act was crafted quickly, it left 
the Department of Homeland Security and the Office of Refugee 
Resettlement without clearly distinguished mandates and 
responsibilities in some key areas, including legal custody, age 
determination procedures, and State court dependency proceedings.
  Congress now has a responsibility to go beyond the simple transfer of 
children from one agency to another to actually laying out the process 
and steps to ensure that unaccompanied alien children are treated 
fairly and humanely.
  We must provide the Office of Refugee Resettlement, the Department of 
Homeland Security and the Department of Justice with the tools they 
will need to succeed in their missions regarding the care of 
unaccompanied alien children after the transfer of jurisdiction took 
place.
  First of all, I want to stress that this bill is not about benefits, 
as it provides no new immigration benefit to unaccompanied alien 
children. Rather, this bill is about the process of how we treat these 
children under the current system.
  The ``Unaccompanied Alien Child Protection Act'' provides guidance 
and instruction to the Office of Refugee and Resettlement, the 
Department of Homeland Security and the Department of Justice in the 
following areas: first, in the custody, release, family reunification 
and detention of unaccompanied alien children; second, it provides 
access by unaccompanied alien children to child advocates and pro bono 
counsel; third, it streamlines the Special Immigrant Juvenile (SIJ) 
program and provides guidance on the

[[Page S3005]]

training of federal government officials and private parties who come 
into contact with unaccompanied alien children; fourth, it requires the 
issuance of guidelines specific to children's asylum claims; fifth, it 
authorizes appropriations for the care of unaccompanied alien children; 
and, sixth, it amends the Homeland Security Act of 2002 to provide 
additional responsibilities and powers to the Office of Refugee 
Resettlement with respect to unaccompanied alien children.
  Central throughout the ``Unaccompanied Alien Child Protection Act'' 
are two concepts: (1) The United States government has a fundamental 
responsibility to protect unaccompanied children in its custody; and, 
(2) In all proceedings and actions, the government should have as a 
priority protecting the interests of these children who are not 
criminals or do not pose a risk to our national security.
  Imagine the fear of an unaccompanied alien child, in the United 
States alone, without a parent or guardian. Imagine that child being 
thrust into a system he or she does not understand, provided no access 
to pro bono counsel or a child advocate, placed in jail with adults or 
housed with juveniles with serious criminal convictions.
  I find it hard to believe that our country would allow children to be 
treated in such a manner.
  That is why I am introducing this legislation today. The 
``Unaccompanied Alien Child Protection Act'' will help our country 
fulfill the special obligation to these children to treat them fairly 
and humanely.
  I am proud to have the support of the United States Conference of 
Catholic Bishops, the Women's Commission on Refugee Women and Children, 
the Lutheran Immigration and Refugee Service, Heartland Alliance, 
Amnesty International USA and the United Nations High Commissioner for 
Refugees, and many other organizations with whom I have worked closely 
to develop this legislation.
  I urge my colleagues to join with me by cosponsoring this important 
measure and ensuring that these reforms are finally enacted.
  I ask unanimous consent that the text of the legislation be printed 
in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 844

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Unaccompanied Alien Child Protection Act of 2007''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

     TITLE I--CUSTODY, RELEASE, FAMILY REUNIFICATION, AND DETENTION

Sec. 101. Procedures when encountering unaccompanied alien children.
Sec. 102. Family reunification for unaccompanied alien children with 
              relatives in the United States.
Sec. 103. Appropriate conditions for detention of unaccompanied alien 
              children.
Sec. 104. Repatriated unaccompanied alien children.
Sec. 105. Establishing the age of an unaccompanied alien child.
Sec. 106. Effective date.

TITLE II--ACCESS BY UNACCOMPANIED ALIEN CHILDREN TO CHILD ADVOCATES AND 
                                COUNSEL

Sec. 201. Child advocates.
Sec. 202. Counsel.
Sec. 203. Effective date; applicability.

  TITLE III--STRENGTHENING POLICIES FOR PERMANENT PROTECTION OF ALIEN 
                                CHILDREN

Sec. 301. Special immigrant juvenile classification.
Sec. 302. Training for officials and certain private parties who come 
              into contact with unaccompanied alien children.
Sec. 303. Report.

             TITLE IV--CHILDREN REFUGEE AND ASYLUM SEEKERS

Sec. 401. Guidelines for children's asylum claims.
Sec. 402. Unaccompanied refugee children.
Sec. 403. Exceptions for unaccompanied alien children in asylum and 
              refugee-like circumstances.

        TITLE V--AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002

Sec. 501. Additional responsibilities and powers of the Office of 
              Refugee Resettlement with respect to unaccompanied alien 
              children.
Sec. 502. Technical corrections.
Sec. 503. Effective date.

               TITLE VI--AUTHORIZATION OF APPROPRIATIONS

Sec. 601. Authorization of appropriations.

     SEC. 2. DEFINITIONS.

       (a) In General.--In this Act:
       (1) Competent.--The term ``competent'', in reference to 
     counsel, means an attorney, or a representative authorized to 
     represent unaccompanied alien children in immigration 
     proceedings or matters, who--
       (A) complies with the duties set forth in this Act;
       (B) is--
       (i) properly qualified to handle matters involving 
     unaccompanied alien children; or
       (ii) working under the auspices of a qualified nonprofit 
     organization that is experienced in handling such matters; 
     and
       (C) if an attorney--
       (i) is a member in good standing of the bar of the highest 
     court of any State, possession, territory, Commonwealth, or 
     the District of Columbia; and
       (ii) is not under any order of any court suspending, 
     enjoining, restraining, disbarring, or otherwise restricting 
     the attorney in the practice of law.
       (2) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (3) Director.--The term ``Director'' means the Director of 
     the Office.
       (4) Office.--The term ``Office'' means the Office of 
     Refugee Resettlement established by section 411 of the 
     Immigration and Nationality Act (8 U.S.C. 1521).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (6) Unaccompanied alien child.--The term ``unaccompanied 
     alien child'' has the meaning given the term in 101(a)(51) of 
     the Immigration and Nationality Act, as added by subsection 
     (b).
       (7) Voluntary agency.--The term ``voluntary agency'' means 
     a private, nonprofit voluntary agency with expertise in 
     meeting the cultural, developmental, or psychological needs 
     of unaccompanied alien children, as certified by the 
     Director.
       (b) Amendments to the Immigration and Nationality Act.--
     Section 101(a) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)) is amended by adding at the end the 
     following:
       ``(51) The term `unaccompanied alien child' means a child 
     who--
       ``(A) has no lawful immigration status in the United 
     States;
       ``(B) has not attained 18 years of age; and
       ``(C) with respect to whom--
       ``(i) there is no parent or legal guardian in the United 
     States; or
       ``(ii) no parent or legal guardian in the United States is 
     available to provide care and physical custody.
       ``(52) The term `unaccompanied refugee children' means 
     persons described in paragraph (42) who--
       ``(A) have not attained 18 years of age; and
       ``(B) with respect to whom there are no parents or legal 
     guardians available to provide care and physical custody.''.
       (c) Rule of Construction.--
       (1) State courts acting in loco parentis.--A department or 
     agency of a State, or an individual or entity appointed by a 
     State court or a juvenile court located in the United States, 
     acting in loco parentis, shall not be considered a legal 
     guardian for purposes of section 462 of the Homeland Security 
     Act of 2002 (6 U.S.C. 279) or this Act.
       (2) Clarification of the definition of unaccompanied alien 
     child.--For the purposes of section 462(g)(2) of the Homeland 
     Security Act of 2002 (6 U.S.C. 279(g)(2)) and this Act, a 
     parent or legal guardian shall not be considered to be 
     available to provide care and physical custody of an alien 
     child unless such parent is in the physical presence of, and 
     able to exercise parental responsibilities over, such child 
     at the time of such child's apprehension and during the 
     child's detention.

     TITLE I--CUSTODY, RELEASE, FAMILY REUNIFICATION, AND DETENTION

     SEC. 101. PROCEDURES WHEN ENCOUNTERING UNACCOMPANIED ALIEN 
                   CHILDREN.

       (a) Unaccompanied Children Found Along the United States 
     Border or at United States Ports of Entry.--
       (1) In general.--Subject to paragraph (2), an immigration 
     officer who finds an unaccompanied alien child described in 
     paragraph (2) at a land border or port of entry of the United 
     States and determines that such child is inadmissible under 
     the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
     shall--
       (A) permit such child to withdraw the child's application 
     for admission pursuant to section 235(a)(4) of the 
     Immigration and Nationality Act (8 U.S.C. 1225(a)(4)); and
       (B) return such child to the child's country of nationality 
     or country of last habitual residence.
       (2) Special rule for contiguous countries.--
       (A) In general.--Any child who is a national or habitual 
     resident of a country, which is contiguous with the United 
     States and has an agreement in writing with the United States 
     that provides for the safe return and orderly repatriation of 
     unaccompanied alien children who are nationals or habitual 
     residents of such country, shall be treated in accordance 
     with paragraph (1) if the Secretary determines, on a case-by-
     case basis, that--
       (i) such child is a national or habitual resident of a 
     country described in this subparagraph;

[[Page S3006]]

       (ii) such child does not have a fear of returning to the 
     child's country of nationality or country of last habitual 
     residence owing to a fear of persecution;
       (iii) the return of such child to the child's country of 
     nationality or country of last habitual residence would not 
     endanger the life or safety of such child; and
       (iv) the child is able to make an independent decision to 
     withdraw the child's application for admission due to age or 
     other lack of capacity.
       (B) Right of consultation.--Any child described in 
     subparagraph (A) shall have the right, and shall be informed 
     of that right in the child's native language--
       (i) to consult with a consular officer from the child's 
     country of nationality or country of last habitual residence 
     prior to repatriation; and
       (ii) to consult, telephonically, with the Office.
       (3) Rule for apprehensions at the border.--The custody of 
     unaccompanied alien children not described in paragraph (2) 
     who are apprehended at the border of the United States or at 
     a United States port of entry shall be treated in accordance 
     with subsection (b).
       (b) Care and Custody of Unaccompanied Alien Children Found 
     in the Interior of the United States.--
       (1) Establishment of jurisdiction.--
       (A) In general.--Except as otherwise provided under 
     subparagraphs (B) and (C) and subsection (a), the care and 
     custody of all unaccompanied alien children, including 
     responsibility for their detention, where appropriate, shall 
     be under the jurisdiction of the Office.
       (B) Exception for children who have committed crimes.--
     Notwithstanding subparagraph (A), the Department of Justice 
     shall retain or assume the custody and care of any 
     unaccompanied alien who is--
       (i) in the custody of the Department of Justice pending 
     prosecution for a Federal crime other than a violation of the 
     Immigration and Nationality Act; or
       (ii) serving a sentence pursuant to a conviction for a 
     Federal crime.
       (C) Exception for children who threaten national 
     security.--Notwithstanding subparagraph (A), the Department 
     shall retain or assume the custody and care of an 
     unaccompanied alien child if the Secretary has substantial 
     evidence, based on an individualized determination, that such 
     child could personally endanger the national security of the 
     United States.
       (2) Notification.--
       (A) In general.--Each department or agency of the Federal 
     Government shall promptly notify the Office upon--
       (i) the apprehension of an unaccompanied alien child;
       (ii) the discovery that an alien in the custody of such 
     department or agency is an unaccompanied alien child;
       (iii) any claim by an alien in the custody of such 
     department or agency that such alien is younger than 18 years 
     of age; or
       (iv) any suspicion that an alien in the custody of such 
     department or agency who has claimed to be at least 18 years 
     of age is actually younger than 18 years of age.
       (B) Special rule.--The Director shall--
       (i) make an age determination for an alien described in 
     clause (iii) or (iv) of subparagraph (A) in accordance with 
     section 105; and
       (ii) take whatever other steps are necessary to determine 
     whether such alien is eligible for treatment under section 
     462 of the Homeland Security Act of 2002 (6 U.S.C. 279) or 
     under this Act.
       (3) Transfer of unaccompanied alien children.--
       (A) Transfer to the office.--Any Federal department or 
     agency that has an unaccompanied alien child in its custody 
     shall transfer the custody of such child to the Office--
       (i) not later than 72 hours after a determination is made 
     that such child is an unaccompanied alien, if the child is 
     not described in subparagraph (B) or (C) of paragraph (1);
       (ii) if the custody and care of the child has been retained 
     or assumed by the Attorney General under paragraph (1)(B) or 
     by the Department under paragraph (1)(C), following a 
     determination that the child no longer meets the description 
     set forth in such subparagraphs; or
       (iii) if the child was previously released to an individual 
     or entity described in section 102(a)(1), upon a 
     determination by the Director that such individual or entity 
     is no longer able to care for the child.
       (B) Transfer to the department.--The Director shall 
     transfer the care and custody of an unaccompanied alien child 
     in the custody of the Office or the Department of Justice to 
     the Department upon determining that the child is described 
     in subparagraph (B) or (C) of paragraph (1).
       (C) Promptness of transfer.--If a child needs to be 
     transferred under this paragraph, the sending office shall 
     make prompt arrangements to transfer such child and the 
     receiving office shall make prompt arrangements to receive 
     such child.
       (c) Age Determinations.--If the age of an alien is in 
     question and the resolution of questions about the age of 
     such alien would affect the alien's eligibility for treatment 
     under section 462 of the Homeland Security Act of 2002 (6 
     U.S.C. 279) or this Act, a determination of whether or not 
     such alien meets such age requirements shall be made in 
     accordance with section 105, unless otherwise specified in 
     subsection (b)(2)(B).
       (d) Access to Alien.--The Secretary and the Attorney 
     General shall permit the Office to have reasonable access to 
     aliens in the custody of the Secretary or the Attorney 
     General to ensure a prompt determination of the age of such 
     alien, if necessary under subsection (b)(2)(B).

     SEC. 102. FAMILY REUNIFICATION FOR UNACCOMPANIED ALIEN 
                   CHILDREN WITH RELATIVES IN THE UNITED STATES.

       (a) Placement of Released Children.--
       (1) Order of preference.--Subject to the discretion of the 
     Director under paragraph (4), section 103(a)(2), and section 
     462(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
     279(b)(2)), an unaccompanied alien child in the custody of 
     the Office shall be promptly placed with 1 of the following 
     individuals or entities in the following order of preference:
       (A) A parent who seeks to establish custody under paragraph 
     (3)(A).
       (B) A legal guardian who seeks to establish custody under 
     paragraph (3)(A).
       (C) An adult relative.
       (D) An individual or entity designated by the parent or 
     legal guardian that is capable and willing to care for the 
     well being of the child.
       (E) A State-licensed family foster home, small group home, 
     or juvenile shelter willing to accept custody of the child.
       (F) A qualified adult or entity, as determined by the 
     Director by regulation, seeking custody of the child if the 
     Director determines that no other likely alternative to long-
     term detention exists and family reunification does not 
     appear to be a reasonable alternative.
       (2) Suitability assessment.--
       (A) General requirements.--Notwithstanding paragraph (1), 
     and subject to the requirements of subparagraph (B), an 
     unaccompanied alien child may not be placed with a person or 
     entity described in any of subparagraphs (A) through (F) of 
     paragraph (1) unless the Director provides written 
     certification that the proposed custodian is capable of 
     providing for the child's physical and mental well-being, 
     based on--
       (i) with respect to an individual custodian--

       (I) verification of such individual's identity and 
     employment;
       (II) a finding that such individual has not engaged in any 
     activity that would indicate a potential risk to the child, 
     including the people and activities described in paragraph 
     (4)(A)(i);
       (III) a finding that such individual is not the subject of 
     an open investigation by a State or local child protective 
     services authority due to suspected child abuse or neglect;
       (IV) verification that such individual has a plan for the 
     provision of care for the child;
       (V) verification of familial relationship of such 
     individual, if any relationship is claimed; and
       (VI) verification of nature and extent of previous 
     relationship;

       (ii) with respect to a custodial entity, verification of 
     such entity's appropriate licensure by the State, county, or 
     other applicable unit of government; and
       (iii) such other information as the Director determines 
     appropriate.
       (B) Home study.--
       (i) In general.--The Director shall place a child with any 
     custodian described in any of subparagraphs (A) through (F) 
     of paragraph (1) unless the Director determines that a home 
     study with respect to such custodian is necessary.
       (ii) Special needs children.--A home study shall be 
     conducted to determine if the custodian can properly meet the 
     needs of--

       (I) a special needs child with a disability (as defined in 
     section 3 of the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12102(2)); or
       (II) a child who has been the object of physical or mental 
     injury, sexual abuse, negligent treatment, or maltreatment 
     under circumstances which indicate that the child's health or 
     welfare has been harmed or threatened.

       (iii) Follow-up services.--The Director shall conduct 
     follow-up services for at least 90 days on custodians for 
     whom a home study was conducted under this subparagraph.
       (C) Contract authority.--The Director may, by grant or 
     contract, arrange for some or all of the activities under 
     this section to be carried out by--
       (i) an agency of the State of the child's proposed 
     residence;
       (ii) an agency authorized by such State to conduct such 
     activities; or
       (iii) an appropriate voluntary or nonprofit agency.
       (D) Database access.--In conducting suitability 
     assessments, the Director shall have access to all relevant 
     information in the appropriate Federal, State, and local law 
     enforcement and immigration databases.
       (3) Right of parent or legal guardian to custody of 
     unaccompanied alien child.--
       (A) Placement with parent or legal guardian.--If an 
     unaccompanied alien child is placed with any person or entity 
     other than a parent or legal guardian, and subsequent to that 
     placement a parent or legal guardian seeks to establish 
     custody, the Director shall--
       (i) assess the suitability of placing the child with the 
     parent or legal guardian; and
       (ii) make a written determination regarding the child's 
     placement within 30 days.
       (B) Rule of construction.--Nothing in this Act shall be 
     construed to--
       (i) supersede obligations under any treaty or other 
     international agreement to which the United States is a 
     party, including--

[[Page S3007]]

       (I) the Convention on the Civil Aspects of International 
     Child Abduction, done at The Hague, October 25, 1980 (TIAS 
     11670);
       (II) the Vienna Declaration and Program of Action, adopted 
     at Vienna, June 25, 1993; and
       (III) the Declaration of the Rights of the Child, adopted 
     at New York, November 20, 1959; or

       (ii) limit any right or remedy under such international 
     agreement.
       (4) Protection from smugglers and traffickers.--
       (A) Policies and programs.--
       (i) In general.--The Director shall establish policies and 
     programs to ensure that unaccompanied alien children are 
     protected from smugglers, traffickers, or other persons 
     seeking to victimize or otherwise engage such children in 
     criminal, harmful, or exploitative activity.
       (ii) Witness protection programs included.--Programs 
     established pursuant to clause (i) may include witness 
     protection programs.
       (B) Criminal investigations and prosecutions.--Any officer 
     or employee of the Office or of the Department, and any 
     grantee or contractor of the Office or of the Department, who 
     suspects any individual of involvement in any activity 
     described in subparagraph (A) shall report such individual to 
     Federal or State prosecutors for criminal investigation and 
     prosecution.
       (C) Disciplinary action.--Any officer or employee of the 
     Office or the Department, and any grantee or contractor of 
     the Office, who believes that a competent attorney or 
     representative has been a participant in any activity 
     described in subparagraph (A), shall report the attorney to 
     the State bar association of which the attorney is a member, 
     or to other appropriate disciplinary authorities, for 
     appropriate disciplinary action, including private or public 
     admonition or censure, suspension, or disbarment of the 
     attorney from the practice of law.
       (5) Grants and contracts.--The Director may award grants 
     to, and enter into contracts with, voluntary agencies to 
     carry out this section or section 462 of the Homeland 
     Security Act of 2002 (6 U.S.C. 279).
       (b) Confidentiality.--
       (1) In general.--All information obtained by the Office 
     relating to the immigration status of a person described in 
     subparagraphs (A), (B), and (C) of subsection (a)(1) shall 
     remain confidential and may only be used to determine such 
     person's qualifications under subsection (a)(1).
       (2) Nondisclosure of information.--In consideration of the 
     needs and privacy of unaccompanied alien children in the 
     custody of the Office or its agents, and the necessity to 
     guarantee the confidentiality of such children's information 
     in order to facilitate their trust and truthfulness with the 
     Office, its agents, and clinicians, the Office shall maintain 
     the privacy and confidentiality of all information gathered 
     in the course of the care, custody, and placement of 
     unaccompanied alien children, consistent with its role and 
     responsibilities under the Homeland Security Act to act as 
     guardian in loco parentis in the best interest of the 
     unaccompanied alien child, by not disclosing such information 
     to other government agencies or nonparental third parties.
       (c) Required Disclosure.--The Secretary or the Secretary of 
     Health and Human Services shall provide the information 
     furnished under this section, and any other information 
     derived from such furnished information, to--
       (1) a duly recognized law enforcement entity in connection 
     with an investigation or prosecution of an offense described 
     in paragraph (2) or (3) of section 212(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)), when such information 
     is requested in writing by such entity; or
       (2) an official coroner for purposes of affirmatively 
     identifying a deceased individual (whether or not such 
     individual is deceased as a result of a crime).
       (d) Penalty.--Any person who knowingly uses, publishes, or 
     permits information to be examined in violation of this 
     section shall be fined not more than $10,000.

     SEC. 103. APPROPRIATE CONDITIONS FOR DETENTION OF 
                   UNACCOMPANIED ALIEN CHILDREN.

       (a) Standards for Placement.--
       (1) Order of preference.--An unaccompanied alien child who 
     is not released pursuant to section 102(a)(1) shall be placed 
     in the least restrictive setting possible in the following 
     order of preference:
       (A) Licensed family foster home.
       (B) Small group home.
       (C) Juvenile shelter.
       (D) Residential treatment center.
       (E) Secure detention.
       (2) Prohibition of detention in certain facilities.--Except 
     as provided under paragraph (3), an unaccompanied alien child 
     shall not be placed in an adult detention facility or a 
     facility housing delinquent children.
       (3) Detention in appropriate facilities.--An unaccompanied 
     alien child who has exhibited violent or criminal behavior 
     that endangers others may be detained in conditions 
     appropriate to such behavior in a facility appropriate for 
     delinquent children.
       (4) State licensure.--A child shall not be placed with an 
     entity described in section 102(a)(1)(E), unless the entity 
     is licensed by an appropriate State agency to provide 
     residential, group, child welfare, or foster care services 
     for dependent children.
       (5) Conditions of detention.--
       (A) In general.--The Director and the Secretary shall 
     promulgate regulations incorporating standards for conditions 
     of detention in placements described in paragraph (1) that 
     provide for--
       (i) educational services appropriate to the child;
       (ii) medical care;
       (iii) mental health care, including treatment of trauma, 
     physical and sexual violence, and abuse;
       (iv) access to telephones;
       (v) access to legal services;
       (vi) access to interpreters;
       (vii) supervision by professionals trained in the care of 
     children, taking into account the special cultural, 
     linguistic, and experiential needs of children in immigration 
     proceedings;
       (viii) recreational programs and activities;
       (ix) spiritual and religious needs; and
       (x) dietary needs.
       (B) Notification of children.--Regulations promulgated 
     under subparagraph (A) shall provide that all children in 
     such placements are notified of such standards orally and in 
     writing in the child's native language.
       (b) Prohibition of Certain Practices.--The Director and the 
     Secretary shall develop procedures prohibiting the 
     unreasonable use of--
       (1) shackling, handcuffing, or other restraints on 
     children;
       (2) solitary confinement; or
       (3) pat or strip searches.
       (c) Rule of Construction.--Nothing in this section shall be 
     construed to supersede procedures favoring release of 
     children to appropriate adults or entities or placement in 
     the least secure setting possible, as described in paragraph 
     23 of the Stipulated Settlement Agreement under Flores v. 
     Reno.

     SEC. 104. REPATRIATED UNACCOMPANIED ALIEN CHILDREN.

       (a) Country Conditions.--
       (1) Sense of congress.--It is the sense of Congress that, 
     to the extent consistent with the treaties and other 
     international agreements to which the United States is a 
     party, and to the extent practicable, the United States 
     Government should undertake efforts to ensure that it does 
     not repatriate children in its custody into settings that 
     would threaten the life and safety of such children.
       (2) Assessment of conditions.--
       (A) In general.--The Secretary of State shall include, in 
     the annual Country Reports on Human Rights Practices, an 
     assessment of the degree to which each country protects 
     children from smugglers and traffickers.
       (B) Factors for assessment.--The Secretary shall consult 
     the Country Reports on Human Rights Practices and the 
     Trafficking in Persons Report in assessing whether to 
     repatriate an unaccompanied alien child to a particular 
     country.
       (b) Report on Repatriation of Unaccompanied Alien 
     Children.--
       (1) In general.--Not later than 18 months after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary shall submit a report to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives on efforts to repatriate 
     unaccompanied alien children.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) the number of unaccompanied alien children ordered 
     removed and the number of such children actually removed from 
     the United States;
       (B) a description of the type of immigration relief sought 
     and denied to such children;
       (C) a statement of the nationalities, ages, and gender of 
     such children;
       (D) a description of the procedures used to effect the 
     removal of such children from the United States;
       (E) a description of steps taken to ensure that such 
     children were safely and humanely repatriated to their 
     country of origin; and
       (F) any information gathered in assessments of country and 
     local conditions pursuant to subsection (a)(2).

     SEC. 105. ESTABLISHING THE AGE OF AN UNACCOMPANIED ALIEN 
                   CHILD.

       (a) Procedures.--
       (1) In general.--The Director, in consultation with the 
     Secretary, shall develop procedures to make a prompt 
     determination of the age of an alien, which procedures shall 
     be used--
       (A) by the Secretary, with respect to aliens in the custody 
     of the Department;
       (B) by the Director, with respect to aliens in the custody 
     of the Office; and
       (C) by the Attorney General, with respect to aliens in the 
     custody of the Department of Justice.
       (2) Evidence.--The procedures developed under paragraph (1) 
     shall--
       (A) permit the presentation of multiple forms of evidence, 
     including testimony of the alien, to determine the age of the 
     unaccompanied alien for purposes of placement, custody, 
     parole, and detention; and
       (B) allow the appeal of a determination to an immigration 
     judge.
       (b) Prohibition on Sole Means of Determining Age.--
     Radiographs or the attestation of an alien may not be used as 
     the sole means of determining age for the purposes of 
     determining an alien's eligibility for treatment under this 
     Act or section 462 of the Homeland Security Act of 2002 (6 
     U.S.C. 279).
       (c) Rule of Construction.--Nothing in this section may be 
     construed to place the burden of proof in determining the age 
     of an alien on the Government.

[[Page S3008]]

     SEC. 106. EFFECTIVE DATE.

       This title shall take effect on the date which is 90 days 
     after the date of the enactment of this Act.

TITLE II--ACCESS BY UNACCOMPANIED ALIEN CHILDREN TO CHILD ADVOCATES AND 
                                COUNSEL

     SEC. 201. CHILD ADVOCATES.

       (a) Establishment of Child Advocate Program.--
       (1) Appointment.--The Director may appoint a child 
     advocate, who meets the qualifications described in paragraph 
     (2), for an unaccompanied alien child. The Director is 
     encouraged, if practicable, to contract with a voluntary 
     agency for the selection of an individual to be appointed as 
     a child advocate under this paragraph.
       (2) Qualifications of child advocate.--
       (A) In general.--A person may not serve as a child advocate 
     unless such person--
       (i) is a child welfare professional or other individual who 
     has received training in child welfare matters;
       (ii) possesses special training on the nature of problems 
     encountered by unaccompanied alien children; and
       (iii) is not an employee of the Department, the Department 
     of Justice, or the Department of Health and Human Services.
       (B) Independence of child advocate.--
       (i) Independence from agencies of government.--The child 
     advocate shall act independently of any agency of government 
     in making and reporting findings or making recommendations 
     with respect to the best interests of the child. No agency 
     shall terminate, reprimand, de-fund, intimidate, or retaliate 
     against any person or entity appointed under paragraph (1) 
     because of the findings and recommendations made by such 
     person relating to any child.
       (ii) Prohibition of conflict of interest.--No person shall 
     serve as a child advocate for a child if such person is 
     providing legal services to such child.
       (3) Duties.--The child advocate of a child shall--
       (A) conduct interviews with the child in a manner that is 
     appropriate, taking into account the child's age;
       (B) investigate the facts and circumstances relevant to the 
     child's presence in the United States, including facts and 
     circumstances--
       (i) arising in the country of the child's nationality or 
     last habitual residence; and
       (ii) arising subsequent to the child's departure from such 
     country;
       (C) work with counsel to identify the child's eligibility 
     for relief from removal or voluntary departure by sharing 
     with counsel relevant information collected under 
     subparagraph (B);
       (D) develop recommendations on issues relative to the 
     child's custody, detention, release, and repatriation;
       (E) take reasonable steps to ensure that--
       (i) the best interests of the child are promoted while the 
     child participates in, or is subject to, proceedings or 
     matters under the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.);
       (ii) the child understands the nature of the legal 
     proceedings or matters and determinations made by the court, 
     and that all information is conveyed to the child in an age-
     appropriate manner;
       (F) report factual findings and recommendations consistent 
     with the child's best interests relating to the custody, 
     detention, and release of the child during the pendency of 
     the proceedings or matters, to the Director and the child's 
     counsel;
       (G) in any proceeding involving an alien child in which a 
     complaint has been filed with any appropriate disciplinary 
     authority against an attorney or representative for criminal, 
     unethical, or unprofessional conduct in connection with the 
     representation of the alien child, provide the immigration 
     judge with written recommendations or testimony on any 
     information the child advocate may have regarding the conduct 
     of the attorney; and
       (H) in any proceeding involving an alien child in which the 
     safety of the child upon repatriation is at issue, and after 
     the immigration judge has considered and denied all 
     applications for relief other than voluntary departure, 
     provide the immigration judge with written recommendations or 
     testimony on any information the child advocate may have 
     regarding the child's safety upon repatriation.
       (4) Termination of appointment.--The child advocate shall 
     carry out the duties described in paragraph (3) until the 
     earliest of the date on which--
       (A) those duties are completed;
       (B) the child departs from the United States;
       (C) the child is granted permanent resident status in the 
     United States;
       (D) the child reaches 18 years of age; or
       (E) the child is placed in the custody of a parent or legal 
     guardian.
       (5) Powers.--The child advocate--
       (A) shall have reasonable access to the child, including 
     access while such child is being held in detention or in the 
     care of a foster family;
       (B) shall be permitted to review all records and 
     information relating to such proceedings that are not deemed 
     privileged or classified;
       (C) may seek independent evaluations of the child;
       (D) shall be notified in advance of all hearings or 
     interviews involving the child that are held in connection 
     with proceedings or matters under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), and shall be given a 
     reasonable opportunity to be present at such hearings or 
     interviews;
       (E) shall be permitted to accompany and consult with the 
     child during any hearing or interview involving such child; 
     and
       (F) shall be provided at least 24 hours advance notice of a 
     transfer of that child to a different placement, absent 
     compelling and unusual circumstances warranting the transfer 
     of such child before such notification.
       (b) Training.--
       (1) In general.--The Director shall provide professional 
     training for all persons serving as child advocates under 
     this section.
       (2) Training topics.--The training provided under paragraph 
     (1) shall include training in--
       (A) the circumstances and conditions faced by unaccompanied 
     alien children; and
       (B) various immigration benefits for which such alien child 
     might be eligible.
       (c) Pilot Program.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director shall establish and 
     begin to carry out a pilot program to test the implementation 
     of subsection (a). Any pilot program existing before the date 
     of the enactment of this Act shall be deemed insufficient to 
     satisfy the requirements of this subsection.
       (2) Purpose.--The purpose of the pilot program established 
     pursuant to paragraph (1) is to--
       (A) study and assess the benefits of providing child 
     advocates to assist unaccompanied alien children involved in 
     immigration proceedings or matters;
       (B) assess the most efficient and cost-effective means of 
     implementing the child advocate provisions under this 
     section; and
       (C) assess the feasibility of implementing such provisions 
     on a nationwide basis for all unaccompanied alien children in 
     the care of the Office.
       (3) Scope of program.--
       (A) Selection of site.--The Director shall select 3 sites 
     at which to operate the pilot program established under 
     paragraph (1).
       (B) Number of children.--Each site selected under 
     subparagraph (A) should have not less than 25 children held 
     in immigration custody at any given time, to the greatest 
     extent possible.
       (4) Report to congress.--Not later than 1 year after the 
     date on which the first pilot program site is established 
     under paragraph (1), the Director shall submit a report on 
     the achievement of the purposes described in paragraph (2) to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 202. COUNSEL.

       (a) Access to Counsel.--
       (1) In general.--The Director shall ensure, to the greatest 
     extent practicable, that all unaccompanied alien children in 
     the custody of the Office or the Department, who are not 
     described in section 101(a)(2), have competent counsel to 
     represent them in immigration proceedings or matters.
       (2) Pro bono representation.--To the greatest extent 
     practicable, the Director shall--
       (A) make every effort to utilize the services of competent 
     pro bono counsel who agree to provide representation to such 
     children without charge; and
       (B) ensure that placements made under subparagraphs (D), 
     (E), and (F) of section 102(a)(1) are in cities in which 
     there is a demonstrated capacity for competent pro bono 
     representation.
       (3) Development of necessary infrastructures and systems.--
     The Director shall develop the necessary mechanisms to 
     identify and recruit entities that are available to provide 
     legal assistance and representation under this subsection.
       (4) Contracting and grant making authority.--
       (A) In general.--The Director shall enter into contracts 
     with, or award grants to, nonprofit agencies with relevant 
     expertise in the delivery of immigration-related legal 
     services to children in order to carry out the 
     responsibilities of this Act, including providing legal 
     orientation, screening cases for referral, recruiting, 
     training, and overseeing pro bono attorneys.
       (B) Subcontracting.--Nonprofit agencies may enter into 
     subcontracts with, or award grants to, private voluntary 
     agencies with relevant expertise in the delivery of 
     immigration-related legal services to children in order to 
     carry out this subsection.
       (C) Considerations regarding grants and contracts.--In 
     awarding grants and entering into contracts with agencies 
     under this paragraph, the Director shall take into 
     consideration the capacity of the agencies in question to 
     properly administer the services covered by such grants or 
     contracts without an undue conflict of interest.
       (5) Model guidelines on legal representation of children.--
       (A) Development of guidelines.--The Director of the 
     Executive Office for Immigration Review of the Department of 
     Justice, in consultation with voluntary agencies and national 
     experts, shall develop model guidelines for the legal 
     representation of alien children in immigration proceedings. 
     Such guidelines shall be based on the children's asylum 
     guidelines, the American Bar Association Model Rules of 
     Professional Conduct,

[[Page S3009]]

     and other relevant domestic or international sources.
       (B) Purpose of guidelines.--The guidelines developed under 
     subparagraph (A) shall be designed to help protect each child 
     from any individual suspected of involvement in any criminal, 
     harmful, or exploitative activity associated with the 
     smuggling or trafficking of children, while ensuring the 
     fairness of the removal proceeding in which the child is 
     involved.
       (C) Implementation.--Not later than 180 days after the date 
     of the enactment of this Act, the Director of the Executive 
     Office for Immigration Review shall--
       (i) adopt the guidelines developed under subparagraph (A); 
     and
       (ii) submit the guidelines for adoption by national, State, 
     and local bar associations.
       (b) Duties.--Counsel under this section shall--
       (1) represent the unaccompanied alien child in all 
     proceedings and matters relating to the immigration status of 
     the child or other actions involving the Department;
       (2) appear in person for all individual merits hearings 
     before the Executive Office for Immigration Review and 
     interviews involving the Department; and
       (3) owe the same duties of undivided loyalty, 
     confidentiality, and competent representation to the child as 
     is due to an adult client.
       (c) Access to Child.--
       (1) In general.--Counsel under this section shall have 
     reasonable access to the unaccompanied alien child, including 
     access while the child is--
       (A) held in detention;
       (B) in the care of a foster family; or
       (C) in any other setting that has been determined by the 
     Office.
       (2) Restriction on transfers.--Absent compelling and 
     unusual circumstances, a child who is represented by counsel 
     may not be transferred from the child's placement to another 
     placement unless advance notice of at least 24 hours is made 
     to counsel of such transfer.
       (d) Notice to Counsel During Immigration Proceedings.--
       (1) In general.--Except when otherwise required in an 
     emergency situation involving the physical safety of the 
     child, counsel shall be given prompt and adequate notice of 
     all immigration matters affecting or involving an 
     unaccompanied alien child, including adjudications, 
     proceedings, and processing, before such actions are taken.
       (2) Opportunity to consult with counsel.--An unaccompanied 
     alien child in the custody of the Office may not give consent 
     to any immigration action, including consenting to voluntary 
     departure, unless first afforded an opportunity to consult 
     with counsel.
       (e) Access to Recommendations of Child Advocate.--Counsel 
     shall be given an opportunity to review the recommendations 
     of the child advocate affecting or involving a client who is 
     an unaccompanied alien child.
       (f) Counsel for Unaccompanied Alien Children.--Nothing in 
     this Act may be construed to require the Government of the 
     United States to pay for counsel to any unaccompanied alien 
     child.

     SEC. 203. EFFECTIVE DATE; APPLICABILITY.

       (a) Effective Date.--This title shall take effect on the 
     date which is 180 days after the date of the enactment of 
     this Act.
       (b) Applicability.--The provisions of this title shall 
     apply to all unaccompanied alien children in Federal custody 
     before, on, or after the effective date of this title.

  TITLE III--STRENGTHENING POLICIES FOR PERMANENT PROTECTION OF ALIEN 
                                CHILDREN

     SEC. 301. SPECIAL IMMIGRANT JUVENILE CLASSIFICATION.

       (a) J Classification.--
       (1) In general.--Section 101(a)(27)(J) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended to 
     read as follows:
       ``(J) an immigrant, who is 18 years of age or younger on 
     the date of application for classification as a special 
     immigrant and present in the United States--
       ``(i) who, by a court order supported by written findings 
     of fact, which shall be binding on the Secretary of Homeland 
     Security for purposes of adjudications under this 
     subparagraph--
       ``(I) was declared dependent on a juvenile court located in 
     the United States or has been legally committed to, or placed 
     under the custody of, a department or agency of a State, or 
     an individual or entity appointed by a State or juvenile 
     court located in the United States; and
       ``(II) should not be reunified with his or her parents due 
     to abuse, neglect, abandonment, or a similar basis found 
     under State law;
       ``(ii) for whom it has been determined by written findings 
     of fact in administrative or judicial proceedings that it 
     would not be in the alien's best interest to be returned to 
     the alien's or parent's previous country of nationality or 
     country of last habitual residence; and
       ``(iii) with respect to a child in Federal custody, for 
     whom the Office of Refugee Resettlement of the Department of 
     Health and Human Services has certified to the Director of 
     U.S. Citizenship and Immigration Services that the 
     classification of an alien as a special immigrant under this 
     subparagraph has not been made solely to provide an 
     immigration benefit to that alien.''.
       (2) Rule of construction.--Nothing in subparagraph (J) of 
     section 101(a)(27) of the Immigration and Nationality Act, as 
     amended by paragraph (1), shall be construed to grant, to any 
     natural parent or prior adoptive parent of any alien provided 
     special immigrant status under such subparagraph, by virtue 
     of such parentage, any right, privilege, or status under such 
     Act.
       (b) Adjustment of Status.--Section 245(h)(2)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1255(h)(2)(A)) is 
     amended to read as follows:
       ``(A) paragraphs (4), (5)(A), (6)(A), (7)(A), 9(B), and 
     9(C)(i)(I) of section 212(a) shall not apply; and''.
       (c) Eligibility for Assistance.--
       (1) In general.--A child who has been certified under 
     section 101(a)(27)(J) of the Immigration and Nationality Act, 
     as amended by subsection (a)(1), and who was in the custody 
     of the Office at the time a dependency order was granted for 
     such child, shall be eligible for placement and services 
     under section 412(d) of such Act (8 U.S.C. 1522(d)) until the 
     earlier of--
       (A) the date on which the child reaches the age designated 
     in section 412(d)(2)(B) of such Act (8 U.S.C. 1522(d)(2)(B)); 
     or
       (B) the date on which the child is placed in a permanent 
     adoptive home.
       (2) State reimbursement.--If foster care funds are expended 
     on behalf of a child who is not described in paragraph (1) 
     and has been granted relief under section 101(a)(27)(J) of 
     the Immigration and Nationality Act, the Federal Government 
     shall reimburse the State in which the child resides for such 
     expenditures by the State.
       (d) Transition Rule.--Notwithstanding any other provision 
     of law, a child described in section 101(a)(27)(J) of the 
     Immigration and Nationality Act, as amended by subsection 
     (a)(1), may not be denied such special immigrant juvenile 
     classification after the date of the enactment of this Act 
     based on age if the child--
       (1) filed an application for special immigrant juvenile 
     classification before the date of the enactment of this Act 
     and was 21 years of age or younger on the date such 
     application was filed; or
       (2) was younger than 21 years of age on the date on which 
     the child applied for classification as a special immigrant 
     juvenile and can demonstrate exceptional circumstances 
     warranting relief.
       (e) Rulemaking.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary shall promulgate 
     rules to carry out this section.
       (f) Effective Date.--The amendments made by this section 
     shall apply to all aliens who were in the United States 
     before, on, or after the date of enactment of this Act.

     SEC. 302. TRAINING FOR OFFICIALS AND CERTAIN PRIVATE PARTIES 
                   WHO COME INTO CONTACT WITH UNACCOMPANIED ALIEN 
                   CHILDREN.

       (a) Training of State and Local Officials and Certain 
     Private Parties.--
       (1) In general.--The Secretary of Health and Human 
     Services, acting jointly with the Secretary, shall provide 
     appropriate training materials, and upon request, direct 
     training, to State and county officials, child welfare 
     specialists, teachers, public counsel, and juvenile judges 
     who come into contact with unaccompanied alien children.
       (2) Curriculum.--The training required under paragraph (1) 
     shall include education on the processes pertaining to 
     unaccompanied alien children with pending immigration status 
     and on the forms of relief potentially available. The 
     Director shall establish a core curriculum that can be 
     incorporated into education, training, or orientation modules 
     or formats that are currently used by these professionals.
       (3) Video conferencing.--Direct training requested under 
     paragraph (1) may be conducted through video conferencing.
       (b) Training of Department Personnel.--The Secretary, 
     acting jointly with the Secretary of Health and Human 
     Services, shall provide specialized training to all personnel 
     of the Department who come into contact with unaccompanied 
     alien children. Training for agents of the Border Patrol and 
     immigration inspectors shall include specific training on 
     identifying--
       (1) children at the international borders of the United 
     States or at United States ports of entry who have been 
     victimized by smugglers or traffickers; and
       (2) children for whom asylum or special immigrant relief 
     may be appropriate, including children described in section 
     101(a)(2)(A).

     SEC. 303. REPORT.

       Not later than 1 year after the date of the enactment of 
     this Act, and annually thereafter, the Secretary of Health 
     and Human Services shall submit a report to the Committee on 
     the Judiciary of the Senate and the Committee on the 
     Judiciary of the House of Representatives that contains, for 
     the most recently concluded fiscal year--
       (1) data related to the implementation of section 462 of 
     the Homeland Security Act (6 U.S.C. 279);
       (2) data regarding the care and placement of children under 
     this Act;
       (3) data regarding the provision of child advocate and 
     counsel services under this Act; and
       (4) any other information that the Director or the 
     Secretary of Health and Human Services determines to be 
     appropriate.

[[Page S3010]]

             TITLE IV--CHILDREN REFUGEE AND ASYLUM SEEKERS

     SEC. 401. GUIDELINES FOR CHILDREN'S ASYLUM CLAIMS.

       (a) Sense of Congress.--Congress--
       (1) commends the former Immigration and Naturalization 
     Service for its ``Guidelines for Children's Asylum Claims'', 
     issued in December 1998;
       (2) encourages and supports the Department to implement 
     such guidelines to facilitate the handling of children's 
     affirmative asylum claims;
       (3) commends the Executive Office for Immigration Review of 
     the Department of Justice for its ``Guidelines for 
     Immigration Court Cases Involving Unaccompanied Alien 
     Children'', issued in September 2004;
       (4) encourages and supports the continued implementation of 
     such guidelines by the Executive Office for Immigration 
     Review in its handling of children's asylum claims before 
     immigration judges; and
       (5) understands that the guidelines described in paragraph 
     (3)--
       (A) do not specifically address the issue of asylum claims; 
     and
       (B) address the broader issue of unaccompanied alien 
     children.
       (b) Training.--
       (1) Immigration officers.--The Secretary shall provide 
     periodic comprehensive training under the ``Guidelines for 
     Children's Asylum Claims'' to asylum officers and immigration 
     officers who have contact with children in order to 
     familiarize and sensitize such officers to the needs of 
     children asylum seekers.
       (2) Immigration judges.--The Director of the Executive 
     Office for Immigration Review shall--
       (A) provide periodic comprehensive training under the 
     ``Guidelines for Immigration Court Cases Involving 
     Unaccompanied Alien Children'' and the ``Guidelines for 
     Children's Asylum Claims'' to immigration judges and members 
     of the Board of Immigration Appeals; and
       (B) redistribute the ``Guidelines for Children's Asylum 
     Claims'' to all immigration courts as part of its training of 
     immigration judges.
       (3) Use of voluntary agencies.--Voluntary agencies shall be 
     allowed to assist in the training described in this 
     subsection.
       (c) Statistics and Reporting.--
       (1) Statistics.--
       (A) Department of justice.--The Attorney General shall 
     compile and maintain statistics on the number of cases in 
     immigration court involving unaccompanied alien children, 
     which shall include, with respect to each such child, 
     information about--
       (i) the age;
       (ii) the gender;
       (iii) the country of nationality;
       (iv) representation by counsel;
       (v) the relief sought; and
       (vi) the outcome of such cases.
       (B) Department of homeland security.--The Secretary shall 
     compile and maintain statistics on the instances of 
     unaccompanied alien children in the custody of the 
     Department, which shall include, with respect to each such 
     child, information about--
       (i) the age;
       (ii) the gender;
       (iii) the country of nationality; and
       (iv) the length of detention.
       (2) Reports to congress.--Not later than 90 days after the 
     date of the enactment of this Act and annually, thereafter, 
     the Attorney General, in consultation with the Secretary, 
     Secretary of Health and Human Services, and any other 
     necessary government official, shall submit a report to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary House of Representatives on the number of alien 
     children in Federal custody during the most recently 
     concluded fiscal year. Information contained in the report, 
     with respect to such children, shall be categorized by--
       (A) age;
       (B) gender;
       (C) country of nationality;
       (D) length of time in custody;
       (E) the department or agency with custody; and
       (F) treatment as an unaccompanied alien child.

     SEC. 402. UNACCOMPANIED REFUGEE CHILDREN.

       (a) Identifying Unaccompanied Refugee Children.--Section 
     207(e) of the Immigration and Nationality Act (8 U.S.C. 
     1157(e)) is amended--
       (1) by redesignating paragraphs (3), (4), (5), (6), and (7) 
     as paragraphs (4), (5), (6), (7), and (8), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) An analysis of the worldwide situation faced by 
     unaccompanied refugee children, categorized by region, which 
     shall include an assessment of--
       ``(A) the number of unaccompanied refugee children;
       ``(B) the capacity of the Department of State to identify 
     such refugees;
       ``(C) the capacity of the international community to care 
     for and protect such refugees;
       ``(D) the capacity of the voluntary agency community to 
     resettle such refugees in the United States;
       ``(E) the degree to which the United States plans to 
     resettle such refugees in the United States in the following 
     fiscal year; and
       ``(F) the fate that will befall such unaccompanied refugee 
     children for whom resettlement in the United States is not 
     possible.''.
       (b) Training on the Needs of Unaccompanied Refugee 
     Children.--Section 207(f)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1157(f)(2)) is amended--
       (1) by striking ``and'' after ``countries,''; and
       (2) by inserting ``, and instruction on the needs of 
     unaccompanied refugee children'' before the period at the 
     end.

     SEC. 403. EXCEPTIONS FOR UNACCOMPANIED ALIEN CHILDREN IN 
                   ASYLUM AND REFUGEE-LIKE CIRCUMSTANCES.

       (a) Placement in Removal Proceedings.--Any unaccompanied 
     alien child apprehended by the Department, except for an 
     unaccompanied alien child subject to exceptions under 
     paragraph (1)(A) or (2) of section (101)(a), shall be placed 
     in removal proceedings under section 240 of the Immigration 
     and Nationality Act (8 U.S.C. 1229a).
       (b) Exception From Time Limit for Filing Asylum 
     Application.--Section 208 of the Immigration and Nationality 
     Act (8 U.S.C. 1158(a)(2)) is amended--
       (1) in subsection (a)(2), by adding at the end the 
     following:
       ``(E) Applicability.--Subparagraphs (A) and (B) shall not 
     apply to an unaccompanied alien child.''; and
       (2) in subsection (b)(3), by adding at the end the 
     following:
       ``(C) Initial jurisdiction.--United States Citizenship and 
     Immigration Services shall have initial jurisdiction over any 
     asylum application filed by an unaccompanied alien child.''.

        TITLE V--AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002

     SEC. 501. ADDITIONAL RESPONSIBILITIES AND POWERS OF THE 
                   OFFICE OF REFUGEE RESETTLEMENT WITH RESPECT TO 
                   UNACCOMPANIED ALIEN CHILDREN.

       (a) Additional Responsibilities of the Director.--Section 
     462(b)(1) of the Homeland Security Act of 2002 (6 U.S.C. 
     279(b)(1)) is amended--
       (1) in subparagraph (K), by striking ``and'' at the end;
       (2) in subparagraph (L), by striking the period at the end 
     and inserting ``, including regular follow-up visits to such 
     facilities, placements, and other entities, to assess the 
     continued suitability of such placements; and''; and
       (3) by adding at the end the following:
       ``(M) ensuring minimum standards of care for all 
     unaccompanied alien children--
       ``(i) for whom detention is necessary; and
       ``(ii) who reside in settings that are alternative to 
     detention.''.
       (b) Additional Authority of the Director.--Section 462(b) 
     of the Homeland Security Act of 2002 (6 U.S.C. 279(b)) is 
     amended by adding at the end the following:
       ``(4) Authority.--In carrying out the duties under 
     paragraph (3), the Director may--
       ``(A) contract with service providers to perform the 
     services described in sections 102, 103, 201, and 202 of the 
     Unaccompanied Alien Child Protection Act of 2007; and
       ``(B) compel compliance with the terms and conditions set 
     forth in section 103 of such Act, by--
       ``(i) declaring providers to be in breach and seek damages 
     for noncompliance;
       ``(ii) terminating the contracts of providers that are not 
     in compliance with such conditions; or
       ``(iii) reassigning any unaccompanied alien child to a 
     similar facility that is in compliance with such section.''.

     SEC. 502. TECHNICAL CORRECTIONS.

       Section 462(b) of the Homeland Security Act of 2002 (6 
     U.S.C. 279(b)), as amended by section 501, is further 
     amended--
       (1) in paragraph (3), by striking ``paragraph (1)(G)'' and 
     inserting ``paragraph (1)''; and
       (2) by adding at the end the following:
       ``(5) Rule of construction.--Nothing in paragraph (2)(B) 
     may be construed to require that a bond be posted for 
     unaccompanied alien children who are released to a qualified 
     sponsor.''.

     SEC. 503. EFFECTIVE DATE.

       The amendments made by this title shall take effect as if 
     included in the Homeland Security Act of 2002 (6 U.S.C. 101 
     et seq.).

               TITLE VI--AUTHORIZATION OF APPROPRIATIONS

     SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the Department, the Department of Justice, and the Department 
     of Health and Human Services, such sums as may be necessary 
     to carry out--
       (1) the provisions of section 462 of the Homeland Security 
     Act of 2002 (6 U.S.C. 279); and
       (2) the provisions of this Act.
       (b) Availability of Funds.--Amounts appropriated pursuant 
     to subsection (a) shall remain available until expended.

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