Sec. 201. Legal representation in removal proceedings
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Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act ( 8 U.S.C. 1232 ) is amended— in subsection (a)(5)(D)(iii), by striking access to and inserting representation by ; and in subsection (c), by amending paragraph
(5)to read as follows: As expeditiously as possible after an unaccompanied alien child is issued a notice to appear under section 239(a) of the Immigration and Nationality Act ( 8 U.S.C. 1229(a) ), the Secretary of Health and Human Services shall appoint or provide counsel to represent the child in removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ), related matters before the Department of Homeland Security, and in any appeal proceeding before the Attorney General from any such removal proceeding. Counsel shall be provided under this subparagraph at Government expense unless a child has retained counsel authorized to represent the child in such proceedings. Each unaccompanied alien child, and the counsel of such a child, shall receive a complete copy of the child's immigration file (other than documents protected from disclosure under section 552(b) of title 5, United States Code). The Secretary of Health and Human Services shall— to the maximum extent practicable, make every effort to use the services of competent counsel who agree to provide representation to children described in subparagraph (A)(i) without charge; in the case of an unaccompanied alien child who retained counsel at his or her own expense but whose counsel has ceased to represent the child, ensure the continued representation of the child through the pendency of removal proceedings and any appeal proceeding before the Attorney General from any such removal proceeding by appointing or providing new counsel as expeditiously as possible; in consultation with the Attorney General, develop model guidelines for representing children in immigration proceedings for the purposes of— helping to protect children from individuals suspected of involvement in criminal, harmful, or exploitative activities associated with the smuggling or trafficking of children; and ensuring the fairness of removal proceedings in which children are involved; and as necessary and appropriate, enter into contracts or award grants for the provision of immigration-related legal services to children. The Attorney General shall ensure that all immigration courts before which unaccompanied alien children appear contain specialized children’s dockets. Such dockets shall contain child-appropriate procedures that advance due process in unaccompanied alien children’s proceedings. Immigration judges assigned to specialized children’s dockets shall have received specialized training in such procedures. Such procedures shall include processes for coordinating with legal services organizations to facilitate legal representation of unaccompanied alien children. . Section 462(b)(1)(A) of Homeland Security Act of 2002 ( 6 U.S.C. 279(b)(1)(A) ) is amended by striking , consistent with the law regarding appointment of counsel that is in effect on the date of the enactment of this Act . Section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ) is amended by inserting , except as provided in section 235(c)(5) of the William Wilberforce Trafficking Victims Protection Reauthorization Act ( after 8 U.S.C. 1232(c)(5) ) at no expense to the Government .
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Sec. 201
Legal representation in removal proceedings
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