Sec. 2. Appointment of counsel in certain cases
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Section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ) is amended— by inserting
(a)before In any ; by striking (at no expense to the Government) ; by striking he shall and inserting the person shall ; and by adding at the end the following: Except as provided in subsection (c), the Government is not required to provide counsel to aliens under subsection (a). Notwithstanding subsection (b), the Attorney General shall appoint counsel, at the expense of the Government if necessary (to the extent provided in appropriations Acts), to represent an alien in a removal proceeding who— has been determined by the Secretary to be an unaccompanied alien child (as defined in section 462 of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) )); or is incompetent to represent himself or herself due to a serious mental disability that would be included in section 3(1) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102(1) ). . There are authorized to be appropriated such sums as may be necessary to carry out the amendments made by this section.
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