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United States · Bill · S

S. 119 (109th)

Unaccompanied Alien Child Protection Act of 2005

referredUnited States· United States Congress· EN

Introduced

24 January 2005

Last action

—

Status

Referred to the Subcommittee on Immigration, Border Security, and Claims.

Sponsors

—

Subjects

Discovery layer

Source updated

10 August 2026

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Summary

Unaccompanied Alien Child Protection Act of 2005 - Addresses the care and custody of unaccompanied alien children, defined as children under the age of 18 with no lawful immigration status and no parent or legal guardian in the United States who is available to provide care and physical custody. Directs immigration officers who find such children at U.S. land borders or ports of entry to permit them to withdraw their applications for admission and return to their country of nationality or last habitual residence in certain circumstances. States that such children shall have the right to consult with a consular officer prior to repatriation and with the Office of Refugee Resettlement (the Office) at the Department of Health and Human Services. Gives the Office jurisdiction over the care and custody of all other such children, including trafficking victims, except those charged with or convicted of felonies (excluding offenses proscribed by the Immigration and Nationality Act) or who threaten national security, whose custody and care is vested in the Directorate of Border and Transportation Security (the Directorate) at the Department of Homeland Security (DHS). Requires the Secretary of Homeland Security (the Secretary) to notify the Office promptly of the apprehension or discovery of such children. Specifies the order of preference for placing such children, subject to the discretion of the Director of the Office (the Director) and a suitability assessment by the State of the child's proposed residence or a voluntary agency contracted with the Office. Prohibits the placement of such children in adult detention facilities or in facilities housing delinquent children unless they exhibit violent or criminal behavior. Requires the Director and the Secretary to: (1) promulgate regulations incorporating standards for the conditions of detention of such children; and (2) develop procedures prohibiting the unreasonable use of restraints, solitary confinement, or pat or strip searches. Expresses the sense of Congress that the U.S. Government should undertake efforts to ensure that it does not repatriate children in its custody into settings that would threaten their life and safety. Requires: (1) the Secretary of State to include in each year's State Department Country Report on Human Rights an assessment of the degree to which each country protects children from smugglers and traffickers; and (2) the Directorate to consult that report and the Victims of Trafficking and Violence Protection Act of 2000: Trafficking in Persons Report in assessing whether to repatriate an unaccompanied alien child. Requires the Director to develop procedures for promptly determining the age of aliens in the custody of DHS or the Office when age is at issue. Authorizes the Director to appoint qualified and duly trained guardians ad litem for such children. Specifies the duties and powers of such guardians ad litem. Requires the Director to: (1) provide professional training for such guardians ad litem; and (2) implement a pilot program for their appointment. States that the Director should ensure that all such children in the Custody of the Office or the Directorate, except those being repatriated to a contiguous country, have competent counsel to represent them in immigration proceedings or matters. Requires the Executive Office for Immigration Review (EOIR) to develop and implement model guidelines for the legal representation of alien children in immigration proceedings. States that counsel shall: (1) have reasonable access to such children; (2) be given 24 hours advance notice of a transfer absent compelling and unusual circumstances; and (3) except in emergency situations involving the child's physical safety, be given prompt and adequate notice of all immigration matters affecting or involving such children. Bars such children in the custody of the Office from consenting to immigration actions, including voluntary departure, unless first afforded an opportunity to consult with counsel. Makes such guardian ad litem and counsel provisions applicable to all such children in Federal custody on, before, or after the effective date of this Act. Amends the Immigration and Nationality Act to specify that: (1) aliens seeking special immigrant juvenile (SIJ) status must be 18 years of age and under on the date of application; (2) court orders declaring such aliens dependent on a juvenile court located in the United States or placing them in the custody of a State entity due to abuse, neglect, abandonment or similar grounds shall be binding on the Secretary for purposes of SIJ adjudications; and (3) the Office must certify to the Director that SIJ classifications with respect to alien children in Federal custody have not been made solely to provide immigration benefits. Excludes presence without admission or parole as a ground for inadmissibility with regard to aliens seeking SIJ status. Authorizes the Secretary to waive certain additional grounds of inadmissibility. Makes the SIJ-related amendments of this Act applicable to all aliens who were in the United States before, on, or after enactment of this Act. Commends the (former) Immigration and Naturalization Service (INS) for its issuance of the Guidelines for Children's Asylum Claims and encourages implementation of such guidelines by INS and its successor. Calls upon EOIR to adopt such guidelines in its handling of children's asylum claims. Requires the Secretary to provide periodic comprehensive training under such guidelines. Requires such children apprehended by the Directorate, except those subject to contiguous country rules, to be placed in removal proceedings. Exempts such children from certain bars to seeking asylum. Amends the Homeland Security Act of 2002 (HSA) to make the Director responsible for: (1) continued assessments of the suitability of placements of such children; and (2) ensuring that minimum standards of care are met with regard to such children who reside in settings that are alternatives to detention. States that the amendments to HSA made by this Act shall be effective as if enacted as part of HSA.

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Documents

11 official files

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