[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5061 Introduced in House (IH)]
106th CONGRESS
2d Session
H. R. 5061
To provide for the appointment of a guardian ad litem to protect the
interests under Federal immigration law of certain alien minor children
present in the United States without a parent or other legal guardian.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2000
Mr. McCollum (for himself, Mr. Diaz-Balart, Ms. Ros-Lehtinen, Mr.
Foley, Mr. Shadegg, and Mr. Smith of New Jersey) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for the appointment of a guardian ad litem to protect the
interests under Federal immigration law of certain alien minor children
present in the United States without a parent or other legal guardian.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. APPOINTMENT OF GUARDIAN AD LITEM FOR CERTAIN ALIEN CHILDREN.
Section 235(a) of the Immigration and Nationality Act (8 U.S.C.
1225(a)) is amended by adding at the end the following:
``(6) Appointment of guardian ad litem.--
``(A) In general.--
``(i) Deadline for appointment.--Subject to
subparagraph (F), the Attorney General shall
appoint for an alien a guardian ad litem
described in subparagraph (E) not later than 30
days after the date on which all of the
conditions described in subparagraph (D) are
fulfilled with respect to the alien.
``(ii) Termination of appointment.--The
guardian ad litem shall carry out the duties
described in subparagraph (B) until--
``(I) the alien departs from the
United States;
``(II) a final administrative order
with respect to an asylum claim is
made; or
``(III) the alien attains 18 years
of age;
whichever occurs first.
``(iii) Notice.--The Attorney General shall
serve notice of all matters affecting any duty
described in subparagraph (B) on the guardian.
``(B) Duties.--The guardian ad litem--
``(i) in connection with an actual or
potential application for asylum by the alien--
``(I) shall conduct an interview of
the alien in a manner that is
appropriate, taking into account the
alien's age;
``(II) shall otherwise investigate
the facts and circumstances relevant to
such an application, including facts
and circumstances arising in the
country of the alien's nationality or
last habitual residence and facts and
circumstances arising subsequent to the
alien's departure from such country;
and
``(III) not later than 30 days
after the appointment of the guardian,
shall provide to all parties in any
immigration proceeding involving the
alien a report containing the results
of this investigation, a statement of
the wishes of the alien, and the
guardian's recommendations, and shall
provide subsequent similar reports as
necessary;
``(ii) shall advise the alien on whether
the alien should voluntarily depart from the
United States under paragraph (4) or section
240B;
``(iii) otherwise shall ensure that the
covered alien's best interests are promoted
while the alien participates in, or is subject
to, proceedings under this section, asylum
proceedings, or removal proceedings under any
provision of this title; and
``(iv) shall ensure that the alien
understands such determinations and
proceedings.
``(C) Powers.--
``(i) Authorities.--The guardian ad litem--
``(I) may be present at all
hearings involving the alien that are
held in connection with proceedings
under this section, asylum proceedings, or removal proceedings under
any provision of this title;
``(II) may review all records and
information related to such
proceedings; and
``(III) may seek independent
evaluations of the alien.
``(ii) Limitation.--The guardian ad litem
shall not have authority under this paragraph
to file a petition under this Act on behalf of
the alien in contravention of the wishes of any
parent of the alien.
``(D) Minors described.--With respect to an alien,
the conditions described in this subparagraph are the
following:
``(i) The alien is under 18 years of age.
``(ii) The alien is deemed to be an
applicant for admission under paragraph (1) or
is a stowaway described in paragraph (2).
``(iii) The alien is not lawfully in the
physical custody of a natural or adoptive
parent, a stepparent, or any other person
legally authorized to stand in loco parentis.
``(iv) If the alien is a citizen or
national of a foreign state that is not
designated as a state sponsor of terrorism
under section 6(j) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)) or section
620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371), the alien indicates an intention
to apply for asylum or a fear of persecution,
or the Attorney General determines that there
is a significant possibility that the alien
could establish eligibility for asylum.
``(E) Guardian described.--A guardian ad litem
described in this subparagraph is an individual who--
``(i) is a child welfare professional or
other individual who has received training in
child welfare matters;
``(ii) is recognized by the Attorney
General as being qualified to serve as a
guardian ad litem; and
``(iii) is not an officer or employee of
the Service, is not acting as the alien's
immigration attorney, is not a relative of the
alien, and is not a person with a conflict of
interest.
``(F) Stay of proceedings pending appointment.--
Upon determining that the appointment of a guardian ad
litem is required under this section, the Attorney
General, until such appointment has taken effect--
``(i) shall stay all proceedings under this
Act or any other Federal immigration law; and
``(ii) may not take any action to induce or
facilitate the alien's voluntary departure.
``(G) Deference to decisions and recommendations of
guardian.--Pursuant to regulations promulgated by the
Attorney General under this paragraph, the decisions
and recommendations made, and the actions taken, by a
guardian ad litem appointed under this paragraph shall
be treated the same as the decisions, recommendations,
and actions of a guardian ad litem appointed for a
minor child in a child welfare proceeding under State
law.
``(H) Subject to international agreements.--Nothing
in this paragraph shall be construed to supersede any
requirement under any international agreement or treaty
to which the United States is a party.''.
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