< Back to H.R. 5061 (106th Congress, 1999–2000)

Text of To provide for the appointment of a guardian ad litem to protect the interests under Federal immigration law of certain ...

...law of certain alien minor children present in the United States without a parent or other legal guardian.

This bill was introduced on July 27, 2000, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jul 27, 2000 (Introduced).

Source: GPO

HR 5061 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.’.