Sec. 10. Counsel for children and vulnerable aliens
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Section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ) is amended— by striking In any removal proceedings before an immigration judge and in any appeal proceedings before the Attorney General from any such removal proceedings, and inserting the following: In a proceeding conducted under any section of this Act, ; in subsection (a), as amended by paragraph (1)— by striking (at no expense to the Government) ; and by striking he shall and inserting the person shall ; and by adding at the end the following:
The Attorney General may appoint or provide counsel to aliens in any proceeding conducted under any section of this Act. The Secretary of Homeland Security shall ensure that— aliens have access to counsel inside all immigration detention and border facilities; children do not appear before an immigration judge without counsel; and children have their cases heard individually. . Section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ), as amended by subsection (a), is further amended by adding at the end the following:
Notwithstanding subsection (b), the Attorney General shall appoint counsel, at the expense of the Government if necessary, at the beginning of the proceedings or as expeditiously as possible, to represent in such proceedings any alien who has been determined by the Secretary of Homeland Security or the Attorney General to be— a child (as defined in section 101(b)(1)); a particularly vulnerable individual, such as— a person with a disability; or a victim of abuse, torture, or violence; or an individual whose circumstances are such that the appointment of counsel is necessary to help ensure fair resolution and efficient adjudication of the proceedings.
If the Attorney General has consolidated the case of any alien for whom counsel was appointed under subsection
(c)with that of any other alien, and that other alien does not have counsel, then the counsel appointed under subsection
(c)shall be appointed to represent such other alien. There is authorized to be appropriated to the Executive Office of Immigration Review of the Department of Justice such sums as may be necessary to carry out this section. . The Attorney General shall promulgate regulations to implement section 292(c) of the Immigration and Nationality Act, as added by paragraph (1), in accordance with the requirements set forth in section 3006A of title 18, United States Code.
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Sec. 10
Counsel for children and vulnerable aliens
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