Sec. 2. Establishment and structure of the Children’s Court
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Chapter 4 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1221 et seq. ) is amended by inserting after section 240C ( 8 U.S.C. 1230 ) the following: In this section: The term Children’s Court means all of the specialized children’s dockets described in this section. The term Director means the Director of the Executive Office for Immigration Review. The term docket means a grouping of removal proceedings that are held during a dedicated time on a court’s calendar and adjudicated separately from other immigration cases.
The Attorney General shall establish and maintain, within the Executive Office for Immigration Review, specialized children’s dockets for the adjudication of removal proceedings for any individual who— was younger than 18 years of age on the date on which such proceedings were initiated; and was previously determined by the Department of Homeland Security or the Department of Health and Human Services to be an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )); or is the principal respondent in a proceeding if such individual was referred to the children’s docket by an immigration judge, unless such child requests to remain on the court’s general docket.
The Director shall divide all of the immigration courts into geographical areas with not more than 5 immigration courts in each such area. The Director, in consultation with the Chief Immigration Judge, shall designate— an immigration judge to serve as Chief Children’s Judge for the Children’s Court; and 1 immigration judge in each geographical area referred to in to paragraph
(1)to serve as the Assistant Chief Children’s Judge for such area. The Attorney General shall establish, by regulation, qualifications for Children’s Court judges that ensure, among any other requirements, that the Chief Children’s Judge, each Assistant Chief Children’s Judge, and each immigration judge assigned to the Children’s Court— has substantial experience working with children in judicial or other settings; possess and have demonstrated a commitment to ensuring the fair administration of justice through child-appropriate court procedures; and apply for appointment to the Children’s Court. The Chief Children’s Judge shall— establish operating policies and procedures for carrying out adjudications in the Children’s Court in a manner that advances due process and fairness; and oversee the implementation of such policies and procedures. In addition to his or her duties as an immigration judge, each Assistant Chief Children’s Judge shall— promote fair and just processes for carrying out adjudications in the specialized children’s dockets in the immigration courts in his or her assigned geographical area; and ensure that all of the immigration judges assigned to a specialized children’s docket in the immigration courts in such area complete the training described in paragraph (5). Immigration judges assigned to the Children’s Court shall complete— initial training upon assignment; and annual supplementary training. Training required under this paragraph shall encompass the following topics: Children’s claims for immigration relief. Appropriate use of docket management tools to facilitate children’s pursuit of relief through an application or petition to U.S. Citizenship and Immigration Services. Child-sensitive questioning techniques. Developmental- and trauma-informed practice that accounts for children’s developmental stage, trauma history, and other factors impacting a child’s capacity when determining appropriate courtroom procedures, evaluating credibility, and considering testimony and other evidence adduced by a child, among other actions. Methods for explaining the purpose and nature of court proceedings and procedures to children, including developmentally appropriate communication. The concept of the best interests of the child. Human trafficking of children. Training required under this paragraph shall include instruction from governmental and nongovernmental experts in the legal representation of unaccompanied children, child development, child welfare, and child psychology. Assistant Chief Children’s Judges shall consult with such experts to design training plans. The Executive Office for Immigration Review may not implement minimal numeric case load or case completion requirements, judicial performance standards, or other standards for immigration judges assigned to the Children’s Court that could negatively impact the fair administration of justice or promotion of the best interests of the child by the Children’s Court. Immigration judges assigned to the Children’s Court may also be assigned cases that are not on a specialized children’s docket if the total caseload of such judges does not exceed 75 percent of the average caseload of immigration judges who are not assigned to the Children’s Court. Proceedings in the Children’s Court shall utilize child-appropriate procedures that allow for maximum participation of child respondents and promote due process, including— continuances that are sufficient for a child to obtain counsel; conferring among the parties to the maximum extent practicable to narrow the legal issues in advance of an adjudication on the merits; a rebuttable presumption in favor of granting a child’s request to dismiss or administratively close proceedings when an application for relief is pending before or approved by U.S. Citizenship and Immigration Services; explanations of court proceedings and advisals by immigration judges regarding legal rights and responsibilities that accommodate a child’s developmental level and capacity; appropriate accommodations, including breaks during oral testimony by a child; language screening protocols to ensure that interpretation is provided in the child’s preferred language; and the use of virtual hearings only— at the request of the child or the child’s counsel; or if the immigration judge determines that virtual hearings would be in the child’s legal interests. The best interests of the child may be considered in adjudicating motions, forms of relief, or any other judicial decision requiring a discretionary analysis. A best interests of the child determination shall be made by a child advocate or other entity or professional with comparable expertise in such determinations, after taking into account— the safety and well-being of the child; the expressed interests of the child, taking into account the child’s age and stage of development; the physical and mental health of the child; the right of the child to family integrity, liberty, and development; and the identity of the child, including religious, ethnic, linguistic, gender, sexual orientation, and cultural identity. Immigration judges assigned to the Children’s Court, on their own initiative or at the request of a child’s counsel in an immigration proceeding, shall consider the referral of a child for appointment of an independent child advocate in accordance with section 235(c)(6). Each Assistant Chief Children’s Judge shall— coordinate with qualified local providers of legal services for children in the geographic area for purposes of maximizing providers’ capacity to provide legal assistance; on each day when any unrepresented child is on the Children’s Court docket, make sufficient appropriate space available in the court building to afford such child the opportunity to meet confidentially with qualified providers of legal services at no cost to the child; and coordinate with the Secretary of Health and Human Services for purposes of ensuring access to legal information and representation for unaccompanied children to the greatest extent practicable, in accordance with section 235(c)(5). There is established, within the Office of the Principal Legal Advisor, a Children’s Cohort to represent U.S. Immigration and Customs Enforcement in the Children’s Court. Attorneys assigned to the Children’s Cohort shall receive, from governmental and nongovernmental experts in child development, child psychology, and children’s immigration law, initial training upon appointment and annual supplementary training regarding— unaccompanied children’s claims for immigration relief; child-sensitive questioning techniques; and trauma-informed interviewing and adjudication methods. Attorneys assigned to the Children’s Cohort may not be subjected to performance standards or agency strategic measures that are based on case outcomes or other standards that could negatively impact the fair administration of justice. Attorneys assigned to the Children’s Cohort, consistent with their existing authority to exercise prosecutorial discretion, may seek resolution of cases in a manner that promotes the fair administration of justice, including by— moving to dismiss or administratively close removal proceedings when an application for relief is pending before or approved by U.S. Citizenship and Immigration Services; agreeing to join motions for dismissal, administrative closure, or continuances; stipulating to facts or conclusions of law; joining motions to grant relief; and not pursuing appeals. Not later than 7 days after providing a notice to appear to an unaccompanied child or to such child’s legal counsel pursuant to section 239(a), the Director of U.S. Immigration and Customs Enforcement shall provide to such child or such legal counsel, as appropriate, a complete copy of the child’s immigration file (commonly known as an A-file ) in the possession of the Department of Homeland Security (other than documents protected from disclosure under section 552(b) of title 5, United States Code). . The Attorney General shall promulgate regulations to implement the amendment made by subsection (a). The table of contents of the Immigration and Nationality Act ( 8 U.S.C. 1101 note) is amended by inserting after the item relating to section 240C the following: Sec. 240D. Children’s Court. .
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Sec. 2
Establishment and structure of the Children’s Court
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