Home > 106th Congressional Bills > H.R. 3362 (ih) For the relief of Valerie Santil. [Introduced in House] ...H.R. 3362 (ih) For the relief of Valerie Santil. [Introduced in House] ...
108th CONGRESS
1st Session
H. R. 3361
To provide for the protection of unaccompanied alien children, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 21, 2003
Ms. Lofgren (for herself, Mr. Cannon, Mr. Conyers, Ms. Hart, Mr. Meek
of Florida, Mr. Smith of New Jersey, Ms. Ros-Lehtinen, and Ms.
Schakowsky) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for the protection of unaccompanied alien children, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Unaccompanied
Alien Child Protection Act of 2003''.
(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 GUARDIANS AD LITEM
AND COUNSEL
Sec. 201. Guardians ad litem.
Sec. 202. Counsel.
Sec. 203. Effective date; applicability.
TITLE III--STRENGTHENING POLICIES FOR PERMANENT PROTECTION OF ALIEN
CHILDREN
Sec. 301. Special immigrant juvenile visa.
Sec. 302. Training for officials and certain private parties who come
into contact with unaccompanied alien
children.
Sec. 303. Report.
Sec. 304. Effective date.
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--AUTHORIZATION OF APPROPRIATIONS
Sec. 501. Authorization of appropriations.
TITLE VI--AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002
Sec. 601. Additional responsibilities and powers of the Office of
Refugee Resettlement with respect to
unaccompanied alien children.
Sec. 602. Technical corrections.
Sec. 603. Effective date.
SEC. 2. DEFINITIONS.
(a) In General.--In this Act:
(1) Competent.--The term ``competent'', in reference to
counsel, means an attorney who complies with the duties set
forth in this Act and--
(A) is a member in good standing of the bar of the
highest court of any State, possession, territory,
Commonwealth, or the District of Columbia;
(B) is not under any order of any court suspending,
enjoining, restraining, disbarring, or otherwise
restricting the attorney in the practice of law; and
(C) is properly qualified to handle matters
involving unaccompanied immigrant children or is
working under the auspices of a qualified nonprofit
organization that is experienced in handling such
matters.
(2) Director.--The term ``Director'' means the Director of
the Office.
(3) Directorate.--The term ``Directorate'' means the
Directorate of Border and Transportation Security established
by section 401 of the Homeland Security Act of 2002 (6 U.S.C.
201).
(4) Office.--The term ``Office'' means the Office of
Refugee Resettlement as 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 same meaning as is given the term in
section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2)).
(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 of
the Office of Refugee Resettlement.
(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 the age of 18; 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 able to provide care and physical custody.
``(52) The term `unaccompanied refugee children' means persons
described in paragraph (42) who--
``(A) have not attained the age of 18; and
``(B) with respect to whom there are no parents or legal
guardians available to provide care and physical custody.''.
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), if an
immigration officer finds an unaccompanied alien child who is
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.), the officer 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 that is contiguous with
the United States and that has an agreement in writing
with the United States providing 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), unless a determination is made, on a
case-by-case basis, that such child is a national or
habitual resident of such a country and that--
(i) such child has a fear of returning to
the child's country of nationality or country
of last habitual residence owing to a fear of
persecution;
(ii) the return of such child to the
child's country of nationality or country of
last habitual residence would endanger the life
or safety of such child; or
(iii) the child cannot 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 to consult with a
consular officer from the child's country of
nationality or country of last habitual residence prior
to repatriation, as well as consult with the Office,
telephonically, and such child shall be informed of
that right in the child's native language.
(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
the provisions of 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
Directorate shall retain or assume the custody and care
of any unaccompanied alien child who--
(i) has been charged with any felony,
excluding offenses proscribed by the
Immigration and Nationality Act (8 U.S.C. 1101
et seq.), while such charges are pending; or
(ii) has been convicted of any such felony.
(C) Exception for children who threaten national
security.--Notwithstanding subparagraph (A), the
Directorate 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.
(D) Trafficking victims.--For purposes of section
462 of the Homeland Security Act of 2002 (6 U.S.C. 279)
and this Act, an unaccompanied alien child who is
eligible for services authorized under the Victims of
Trafficking and Violence Protection Act of 2000 (Public
Law 106-386), shall be considered to be in the custody
of the Office.
(2) Notification.--
(A) In general.--The Secretary shall promptly
notify the Office upon--
(i) the apprehension of an unaccompanied
alien child;
(ii) the discovery that an alien in the
custody of the Directorate is an unaccompanied
alien child;
(iii) any claim by an alien in the custody
of the Directorate that such alien is under the
age of 18; or
(iv) any suspicion that an alien in the
custody of the Directorate who has claimed to
be over the age of 18 is actually under the age
of 18.
(B) Special rule.--In the case of an alien
described in clause (iii) or (iv) of subparagraph (A),
the Director shall make an age determination in
accordance with section 105 and take whatever other
steps are necessary to determine whether or not such
alien is eligible for treatment under section 462 of
the Homeland Security Act of 2002 (6 U.S.C. 279) or
this Act.
(3) Transfer of unaccompanied alien children.--
(A) Transfer to the office.--The care and custody
of an unaccompanied alien child shall be transferred to
the Office--
(i) in the case of a child not described in
subparagraph (B) or (C) of paragraph (1), not
later than 72 hours after the apprehension of
such child; or
(ii) in the case of a child whose custody
and care has been retained or assumed by the
Directorate pursuant to subparagraph (B) or (C)
of paragraph (1), immediately following a
determination that the child no longer meets
the description set forth in such
subparagraphs.
(B) Transfer to the directorate.--Upon determining
that a child in the custody of the Office is described
in subparagraph (B) or (C) of paragraph (1), the
Director shall promptly make arrangements to transfer
the care and custody of such child to the Directorate.
(c) Age Determinations.--In any case in which 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 the age requirements
for treatment under this Act shall be made by the Director in
accordance with section 105.
SEC. 102. FAMILY REUNIFICATION FOR UNACCOMPANIED ALIEN CHILDREN WITH
RELATIVES IN THE UNITED STATES.
(a) Placement Authority.--
(1) Order of preference.--Subject to the discretion of the
Director under paragraph (4) and section 103(a)(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, as
described in paragraph (3)(A).
(B) A legal guardian who seeks to establish
custody, as described in paragraph (3)(A).
(C) An adult relative.
(D) An 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 juvenile shelter, group home,
or foster care program willing to accept physical
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