Sec. 402. Legal representation
402 words·~2 min read·
/bill/118/s/4393/is/section-402A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Each unaccompanied noncitizen child in the custody of the Secretary of Health and Human Services shall be represented by counsel appointed or provided by the Secretary, at Government expense, unless the child has obtained, at his or her own expense, counsel authorized to practice in immigration proceedings. Representation under subsection
(a)shall— be appointed or provided by the Secretary as expeditiously as possible; extend through every stage of removal proceedings, from the child’s initial appearance through the termination of immigration proceedings; and include any ancillary matter appropriate to such proceedings (including, to the extent practicable and as appropriate, an application for employment authorization), even if the child attains 18 years of age or is reunified with a parent or legal guardian while the proceedings are pending. The Director shall ensure that unaccompanied noncitizen children are provided access to a private, confidential space to meet with legal services providers and a private, confidential telephone line to contact their legal counsel or legal services providers at the expense of the government. An unaccompanied noncitizen child shall be permitted to call or meet with his or her legal counsel or legal services provider at any time. There are authorized to be appropriated such sums as may be necessary to carry out this section. Amounts made available under this section shall be maintained separately from amounts designated for childcare facilities. Government-appointed counsel appointed or provided by the Secretary under this section may provide to an unaccompanied noncitizen child the full scope of representation, including representation in— any matter relevant to the child’s well-being, including conditions of detention and matters relating to medical and mental health services and medication; placement review hearings; sponsorship hearings; and any other matter relating to immigration. The Director shall ensure that the legal counsel of an unaccompanied noncitizen child has access to prompt, reasonable, and regular direct communication with case managers, case coordinators, and Federal field specialists overseeing the child's placement, release, family reunification, transfer, and medical and mental health services. On request by the legal counsel or the independent legal services provider of an unaccompanied noncitizen child, the Director shall provide, not later than 7 days after the date on which the request is made, the following: The names and telephone numbers of all prospective sponsors of the unaccompanied noncitizen child concerned. A copy of the complete Office of Refugee Resettlement case file and records of the unaccompanied noncitizen child concerned.