Immigrant Children Protection Act of 2003

Immigrant Children Protection Act of 2003 - Amends the Homeland Security Act of 2002 to provide that each accompanied (with written consent of the parent or accompanying adult) or unaccompanied alien child, with specified exceptions, shall be transferred from the Department of Homeland Security to the Office of Refugee Resettlement within 72 hours of apprehension, and shall be released from custody and placed into the community with a qualified relative or caretaker within 15 days of such apprehension.

Includes children with special needs within the Office's responsibilities in the care and placement of unaccompanied alien children.

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2137 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2137

To amend the Homeland Security Act of 2002 with respect to the release 
                     of alien children in custody.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2003

    Mr. Meek of Florida (for himself, Ms. Jackson-Lee of Texas, Ms. 
    Kilpatrick, Mr. Towns, Mr. Serrano, Ms. Lee, Mr. Cummings, Mr. 
Ballance, Mr. Hastings of Florida, Mrs. Christensen, Mr. Jefferson, Mr. 
  Fattah, Mr. Davis of Illinois, Mr. Moran of Virginia, Mr. Wynn, Mr. 
 Rangel, Ms. Carson of Indiana, Mr. Davis of Alabama, and Mr. Meeks of 
  New York) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Homeland Security Act of 2002 with respect to the release 
                     of alien children in custody.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigrant Children Protection Act of 
2003''.

SEC. 2. RELEASE OF ALIEN CHILDREN IN CUSTODY INTO COMMUNITY.

    (a) Unaccompanied Children.--
            (1) In general.--Section 462(b) of the Homeland Security 
        Act of 2002 (Public Law 107-296) is amended by adding at the 
        end the following new paragraph:
            ``(4) Requirement for release.--Each unaccompanied alien 
        child shall be charged and effectively transferred from the 
        Department of Homeland Security to the Office of Refugee 
        Resettlement not later than 72 hours after the time of the 
        alien's apprehension and shall be released from custody and 
        placed into the community with a qualified relative or 
        caretaker within 15 days of such apprehension. The previous 
        sentence shall not apply to a child who is inadmissible from 
        the United States on a ground described in paragraph (2) or (3) 
        of section 212(a) of the Immigration and Nationality Act.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to initial hearings occurring on or after the date 
        of the enactment of this Act.
    (b) Accompanied Children.--
            (1) In general.--Notwithstanding any other provision of 
        law, subject to paragraph (2), an alien child who is in the 
        United States, is accompanied by a parent or other adult family 
        member, and is in Federal custody by reason of immigration 
        status, shall be charged and effectively transferred from the 
        Department of Homeland Security to the Office of Refugee 
        Resettlement not later than 72 hours after the time of the 
        alien's apprehension and shall be released from custody and 
        placed into the community with a qualified relative or 
        caretaker within 15 days of such apprehension. The previous 
        sentence shall not apply to a child who is inadmissible from 
        the United States on a ground described in paragraph (2) or (3) 
        of section 212(a) of the Immigration and Nationality Act.
            (2) Limitation.--Such an alien child shall not be released 
        unless the parent of the child, if accompanying the child or 
        otherwise present in the United States, or, in the absence of 
        such a parent, an accompanying adult family member, provides 
        written consent to the release.
            (3) Effective date.--This subsection shall apply to alien 
        children in custody on or after the date of the enactment of 
        this Act.

SEC. 3. TREATMENT OF CHILDREN WITH SPECIAL NEEDS.

    Section 462(b)(1)(E) of the Homeland Security Act of 2002 is 
amended by inserting ``, including meeting the needs of such children 
with special needs'' after ``unaccompanied alien children''.

SEC. 4. PERSONNEL PROCEDURES.

    The Secretary of Homeland Security shall establish personnel 
training and procedures specifically to deal with the handling of 
unaccompanied and accompanied alien children in order to provide 
appropriate care in the handling of these children.
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