UPDATE: Senate Passes Children's Bill! Late on the evening of December 21, the U.S. Senate unanimously passed the Unaccompanied Alien Child Protection Act of 2005 (S.119). LIRS is grateful to all of you who contacted your senators to urge their support of this legislation. Please take the time to contact them again and thank them for taking this action on behalf of vulnerable children. Also see below reagarding contacting your representatives about the House version of the bill. Take Action to Protect Unaccompanied Children Children need special protection and care when they arrive on our shores. Many children who arrive in the United States unaccompanied are fleeing human rights abuses in their own countries. The U.S. asylum system is incredibly complex. Children need lawyers and guardians ad litem to ensure that their asylum claims are heard fairly and provide for their best interest. Kids can’t wait! And we can’t wait to welcome the stranger and support H.R.1172, the Unaccompanied Alien Child Protection Act of 2005. Call to Action Support the Unaccompanied Alien Child Protection Act of H.R.1172. Contact your representatives to thank them if they have already cosponsored H.R.1172, or urge them to support it. The Honorable _________ (full name) U.S. House of Representatives Washington DC 20515 U.S. Capitol Switchboard: 202/224-3121 Bill Status: 202/225-1772

An LIRS staff member recently spent time with unaccompanied immigrant children who are now in the custody of the Office of Refugee Resettlement (ORR) in Phoenix. These children included little ones as young as a toddler from Guatemala and 3-year-old Brazilian twins. They smiled and laughed as they played, and cried when getting an immunization shot. They were children—no different from our own children, siblings, nephews, nieces and grandchildren—and yet so different in the eyes of our government. Their situation highlights why Congress needs to pass the Unaccompanied Alien Child Protection Act of 2005 (S.119/H.R.1172). Background on S.119/H.R.1172 Sen. Diane Feinstein (D-CA) introduced The Unaccompanied Alien Child Protection Act of 2005 on January 24. Bi-partisan co-sponsors included Sens. Susan Collins (R-ME), Chuck Schumer (D-NY), Chuck Hagel (R-NE), Richard Durbin (D-IL), Mike DeWine (R-OH), Maria Cantwell (D-WA), Daniel Inouye (D-HI) and Russell Feingold (D-WI). LIRS Supports the Legislation to Reform the Treatment of Unaccompanied Children As you may recall, LIRS previously worked toward passage of the Unaccompanied Alien Child Protection Acts of 2001 and 2003, legislation that sought to reform the treatment of unaccompanied children. In December 2003 Congress passed the Homeland Security Act, which included important provisions of the children’s legislation. Specifically, the act transferred responsibility for care and placement of newcomer children from the immigration authorities to the Office of Refugee Resettlement (ORR) within the Department for Health and Human Services. This was an important step forward in protecting these children, but much needs to be done in order to fully reform the way these vulnerable children are treated.

In the 108th Congress, Sen. Feinstein and Rep. Zoe Lofgren (D-CA-16) proposed further reforms beyond those passed in the Homeland Security Act. The bill passed the Senate unanimously, but stalled in the House.

In the 109th Congress, the proposed reform again would provide structure for pro bono counsel so children do not have to navigate the judicial system alone, and it would allow the appointment of guardians ad litem—adults trained in child welfare who ensure that children’s best interests are taken into account during legal proceedings. It would ensure that unaccompanied children are housed in shelters or in foster care if their own families are unable to care for them. For situations when detention is absolutely necessary, the bill would establish minimum standards of care.

Arizona: A Case Study in the Need for Reform
Arizona has an unaccompanied immigrant child shelter bed capacity of 131, which includes a congregate setting, short-term foster care and a secure setting. Currently only one full-time attorney, who is employed by LIRS asylum and immigration grantee Florence Immigrant and Refugee Rights Project (FIRRP), is available to provide pro bono representation for these children. The FIRRP attorney also attempts to recruit volunteer pro bono attorneys to work on appeals. With such a large caseload, it is impossible to provide sufficient legal counsel to each child. An attorney trying to discern a child’s legal options needs to build a trusting relationship with the child. This takes time, especially for a child who is fearful of returning to an abusive parent or situation. But an attorney with such a large caseload doesn’t have the luxury of spending numerous meetings with each child. The pro bono attorney in Arizona can’t even appear in court with every child, so some must go to court alone even though the Department of Homeland Security always sends an attorney to court, to push for the removal of the child.

Page updated December 28, 2005.