Referred to the Subcommittee on Immigration, Border Security, and Claims.
Congressional Research Service
Official summary
Version 00 · Introduced in House · Mar 8, 2005
Unaccompanied Alien Child Protection Act of 2005 - Establishes procedures for immigration officers who find an unaccompanied alien child at a U.S. land border or point of entry who is a national or habitual resident of a contiguous country. Establishes that other unaccompanied alien children, including trafficking victims, shall be in the care of the Office of Refugee Resettlement, except that such children who threaten U.S. security or who are charged with or have been convicted of a felony shall be in the care of the Directorate of Border and Transportation Security.
Sets forth a family reunification preference order.
Prohibits, with an exception for violent children, detention in adult or delinquent children facilities. Directs the Office to develop procedures for detention and prohibited detention practices.
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Expresses the sense of Congress that the United States Government should ensure that it does not repatriate children in its custody into life- and safety-threatening settings.
Directs the Secretary of State to include in the annual State Department Country Report on Human Rights an assessment of the degree to which each country protects children from smugglers and traffickers.
Directs the Office, with respect to unaccompanied alien children in the custody of the Office or the Department of Homeland Security, to develop age determination procedures. States that the Office should ensure that all such children have competent immigration counsel. Directs the Executive Office for Immigration Review to develop model guidelines for legal representation of children.
Authorizes the Office to provide that each unaccompanied child have a guardian ad litem. Requires the Office to implement a pilot program for the appointment of guardians ad litem.
Amends special immigrant juvenile provisions of the Immigration and Nationality Act.
Expresses congressional commendation of the Immigration and Naturalization Service' s issuance of its "Guidelines for Children's Asylum Claims." Directs the Secretary of Homeland Security to provide immigration officers with related training.
Exempts unaccompanied alien children from certain removal and asylum provisions.
Amends the Homeland Security Act of 2002 to set forth additional responsibilities and authorities of the Office with respect to unaccompanied alien children.
Source last updated: Dec 5, 2025. Consult Congress.gov for the current record.
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