,,ii #aahth ,,congress #ast ,session ,s4 #cagh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #a1 #bjbc,mr4 ,bennet 7for himself and ,ms4 ,murkowski7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to establish the ,children's ,court to improve the adjudication of immigration cases involving unaccompanied alien children4 #a4 ,short title ,this ,act may be cited as the ,immigration ,court ,efficiency and ,children's ,court ,act of #bjbc4 #b4 ,establishment and structure of the ,children's ,court 7a7 ,establishment of the ,children's ,court ,chapter #d of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abba et seq47 is amended by inserting after section #bdj;,c 7#h ,u4,s4,c4 #abcj7 the following3 #bdj;,d4 ,children's ,court 7a7 ,definitions ,in this section3 7#a7 ,children's court ,the term ,children's ,court means all of the specialized children's dockets described in this section4 7#b7 ,director ,the term ,director means the ,director of the ,executive ,office for ,immigration ,review4 7#c7 ,docket ,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 cases4 7b7 ,establishment ,the ,attorney ,general shall establish and maintain1 within the ,executive ,office for ,immigration ,review1 specialized children's dockets for the adjudication of removal proceedings for any individual who-- 7#a7 was younger than #ah years of age on the date on which such proceedings were initiated2 and 7#b7 7,a7 was previously determined by the ,department of ,homeland ,security or the ,department of ,health and ,human ,services to be an unaccompanied alien child 7as defined in section #dfb7;g77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g77#b7772 or 7,b7 is the principal respondent in a proceeding if such individual was referred to the children's docket by an immigration judge1 unless such child requests to remain on the court's general docket4 7c7 ,judges 7#a7 ,geographic areas ,the ,director shall divide all of the immigration courts into geographical areas with not more than #e immigration courts in each such area4 7#b7 ,designations ,the ,director1 in consultation with the ,chief ,immigration ,judge1 shall designate-- 7,a7 an immigration judge to serve as ,chief ,children's ,judge for the ,children's ,court2 and 7,b7 #a immigration judge in each geographical area referred to in to paragraph 7#a7 to serve as the ,assistant ,chief ,children's ,judge for such area4 7#c7 ,qualifications ,the ,attorney ,general shall establish1 by regulation1 qualifications for ,children's ,court judges that ensure1 among any other requirements1 that the ,chief ,children's ,judge1 each ,assistant ,chief ,children's ,judge1 and each immigration judge assigned to the ,children's ,court-- 7,a7 has substantial experience working with children in judicial or other settings2 7,b7 possess and have demonstrated a commitment to ensuring the fair administration of justice through child-appropriate court procedures2 and 7,c7 apply for appointment to the ,children's ,court4 7#d7 ,duties 7,a7 ,chief children's judge ,the ,chief ,children's ,judge shall-- 7i7 establish operating policies and procedures for carrying out adjudications in the ,children's ,court in a manner that advances due process and fairness2 and 7ii7 oversee the implementation of such policies and procedures4 7,b7 ,assistant chief children's judges ,in addition to his or her duties as an immigration judge1 each ,assistant ,chief ,children's ,judge shall-- 7i7 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 area2 and 7ii7 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 7#e74 7#e7 ,training 7,a7 ,in general ,immigration judges assigned to the ,children's ,court shall complete-- 7i7 initial training upon assignment2 and 7ii7 annual supplementary training4 7,b7 ,topics ,training required under this paragraph shall encompass the following topics3 7i7 ,children's claims for immigration relief4 7ii7 ,appropriate use of docket management tools to facilitate children's pursuit of relief through an application or petition to ,u4,s4 ,citizenship and ,immigration ,services4 7iii7 ,child-sensitive questioning techniques4 7iv7 ,developmental- and trauma-informed practice that accounts for children's developmental stage1 trauma history1 and other factors impacting a child's capacity when determining appropriate courtroom procedures1 evaluating credibility1 and considering testimony and other evidence adduced by a child1 among other actions4 7v7 ,methods for explaining the purpose and nature of court proceedings and procedures to children1 including developmentally appropriate communication4 7vi7 ,the concept of the best interests of the child4 7vii7 ,human trafficking of children4 7,c7 ,legal representation ,training required under this paragraph shall include instruction from governmental and nongovernmental experts in the legal representation of unaccompanied children1 child development1 child welfare1 and child psychology4 ,assistant ,chief ,children's ,judges shall consult with such experts to design training plans4 7#f7 ,performance metrics ,the ,executive ,office for ,immigration ,review may not implement minimal numeric case load or case completion requirements1 judicial performance standards1 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 ,court4 7#g7 ,assignment of other cases ,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 #ge percent of the average caseload of immigration judges who are not assigned to the ,children's ,court4 7d7 ,procedural protections ,proceedings in the ,children's ,court shall utilize child-appropriate procedures that allow for maximum participation of child respondents and promote due process1 including-- 7#a7 continuances that are sufficient for a child to obtain counsel2 7#b7 conferring among the parties to the maximum extent practicable to narrow the legal issues in advance of an adjudication on the merits2 7#c7 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 ,u4,s4 ,citizenship and ,immigration ,services2 7#d7 explanations of court proceedings and advisals by immigration judges regarding legal rights and responsibilities that accommodate a child's developmental level and capacity2 7#e7 appropriate accommodations1 including breaks during oral testimony by a child2 7#f7 language screening protocols to ensure that interpretation is provided in the child's preferred language2 and 7#g7 the use of virtual hearings only-- 7,a7 at the request of the child or the child's counsel2 or 7,b7 if the immigration judge determines that virtual hearings would be in the child's legal interests4 7e7 ,best interests of the child 7#a7 ,in general ,the best interests of the child may be considered in adjudicating motions1 forms of relief1 or any other judicial decision requiring a discretionary analysis4 7#b7 ,considerations ,a best interests of the child determination shall be made by a child advocate or other entity or professional with comparable expertise in such determinations1 after taking into account-- 7,a7 the safety and well-being of the child2 7,b7 the expressed interests of the child1 taking into account the child's age and stage of development2 7,c7 the physical and mental health of the child2 7,d7 the right of the child to family integrity1 liberty1 and development2 and 7,e7 the identity of the child1 including religious1 ethnic1 linguistic1 gender1 sexual orientation1 and cultural identity4 7#c7 ,appointment of independent child advocates ,immigration judges assigned to the ,children's ,court1 on their own initiative or at the request of a child's counsel in an immigration proceeding1 shall consider the referral of a child for appointment of an independent child advocate in accordance with section #bce7;c77#f74 7f7 ,legal assistance for unaccompanied children ,each ,assistant ,chief ,children's ,judge shall-- 7#a7 coordinate with qualified local providers of legal services for children in the geographic area for purposes of maximizing providers' capacity to provide legal assistance2 7#b7 on each day when any unrepresented child is on the ,children's ,court docket1 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 child2 and 7#c7 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 practicable1 in accordance with section #bce7;c77#e74 7g7 ,establishment of ,department of ,homeland ,security ,children's ,cohort 7#a7 ,in general ,there is established1 within the ,office of the ,principal ,legal ,advisor1 a ,children's ,cohort to represent ,u4,s4 ,immigration and ,customs ,enforcement in the ,children's ,court4 7#b7 ,training ,attorneys assigned to the ,children's ,cohort shall receive1 from governmental and nongovernmental experts in child development1 child psychology1 and children's immigration law1 initial training upon appointment and annual supplementary training regarding-- 7,a7 unaccompanied children's claims for immigration relief2 7,b7 child-sensitive questioning techniques2 and 7,c7 trauma-informed interviewing and adjudication methods4 7#c7 ,performance metrics ,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 justice4 7#d7 ,prosecutorial discretion ,attorneys assigned to the ,children's ,cohort1 consistent with their existing authority to exercise prosecutorial discretion1 may seek resolution of cases in a manner that promotes the fair administration of justice1 including by-- 7,a7 moving to dismiss or administratively close removal proceedings when an application for relief is pending before or approved by ,u4,s4 ,citizenship and ,immigration ,services2 7,b7 agreeing to join motions for dismissal1 administrative closure1 or continuances2 7,c7 stipulating to facts or conclusions of law2 7,d7 joining motions to grant relief2 and 7,e7 not pursuing appeals4 7#e7 ,right to review certain documents ,not later than #g days after providing a notice to appear to an unaccompanied child or to such child's legal counsel pursuant to section #bci7;a71 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall provide to such child or such legal counsel1 as appropriate1 a complete copy of the child's immigration file 7commonly known as an ,a-file7 in the possession of the ,department of ,homeland ,security 7other than documents protected from disclosure under section #eeb7;b7 of title #e1 ,united ,states ,code74 4 7b7 ,rulemaking ,the ,attorney ,general shall promulgate regulations to implement the amendment made by subsection 7a74 7c7 ,clerical amendment ,the table of contents of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja note7 is amended by inserting after the item relating to section #bdj;,c the following3 ,sec4 #bdj;,d4 ,children's ,court4 4 #c4 ,prohibition on information sharing 7a7 ,child in custody and prospective sponsors ,the ,director of the ,office of ,refugee ,resettlement may not provide any information about an unaccompanied alien child in the custody of the ,secretary of ,health and ,human ,services1 or prospective sponsors1 to the ,attorney ,general or the ,secretary of ,homeland ,security without the consent of-- 7#a7 such child or the child's prospective sponsor1 as applicable2 and 7#b7 the legal counsel of such child or sponsor1 respectively4 7b7 ,immigration enforcement 7#a7 ,in general ,no information about an unaccompanied alien child may be shared between the ,office of ,refugee ,resettlement and the ,department of ,homeland ,security for purposes of immigration enforcement4 7#b7 ,explanation for prospective sponsors ,the ,director of the ,office of ,refugee ,resettlement shall ensure that communications by the ,office of ,refugee ,resettlement with sponsors and prospective sponsors1 including the family reunification application packet1 include an explanation that information about a child1 sponsor1 or prospective sponsor provided to the ,office of ,refugee ,resettlement may only be shared with the ,department of ,homeland ,security if such child and such child's sponsor or prospective sponsor have provided informed consent4 7c7 ,relief from removal ,no information about an unaccompanied alien child may be shared between the ,office of ,refugee ,resettlement and the ,department of ,homeland ,security or the ,department of ,justice for purposes of relief from removal4 7d7 ,exceptions 7#a7 ,in general ,the ,secretary of ,health and ,human ,services may provide for the disclosure of information about an unaccompanied alien child in the same manner and circumstances as census information may be disclosed by the ,secretary of ,commerce under section #h of title #ac1 ,united ,states ,code4 7#b7 ,national security purposes ,the ,secretary of ,health and ,human ,services may provide for the disclosure of information about an unaccompanied alien child to national security officials to be used solely for a national security purpose in a manner that protects the confidentiality of such information4 7#c7 ,law enforcement purposes ,the ,secretary of ,health and ,human ,services may provide for the disclosure of information about an unaccompanied alien child to law enforcement officials to be used solely for a legitimate law enforcement purpose in a manner that protects the confidentiality of such information4 7#d7 ,eligibility for benefits ,the ,secretary of ,health and ,human ,services may disclose information about an unaccompanied alien child to ,federal1 ,state1 and local public and private agencies providing benefits1 to be used solely in making determinations of eligibility for benefits pursuant to section #dca of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda74 7#e7 ,adjudication of applications for relief 7,a7 ,in general ,government entities adjudicating applications for relief under the immigration laws and government personnel carrying duties required under section #aja7;i77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;i77#a77 may1 with the prior written consent of the noncitizen involved1 communicate with nonprofit1 nongovernmental victims' service providers for the sole purpose of assisting victims in obtaining victim services from programs with expertise in working with immigrant victims4 ,agencies receiving referrals under this subparagraph are bound by the restrictions under this section4 7,b7 ,rule of construction ,nothing in this paragraph may be construed as affecting the ability of an applicant to designate a safe organization through which governmental agencies may communicate with the applicant4 7e7 ,rule of construction ,subsections 7a71 7b71 and 7c7 shall not be construed as preventing-- 7#a7 disclosure of information in connection with judicial review of a determination in a manner that protects the confidentiality of such information2 or 7#b7 the ,secretary of ,health and ,human ,services from disclosing to the chair and ranking member of the ,committee on the ,judiciary of the ,senate or to the chair and ranking member of the ,committee on the ,judiciary of the ,house of ,representatives1 for the exercise of congressional oversight authority1 information on closed cases described in this section in a manner that-- 7,a7 protects the confidentiality of such information2 and 7,b7 omits personally identifying information 7including locational information about individuals74 #d4 ,reporting and evaluation 7a7 ,defined term ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on the ,judiciary of the ,senate2 7#b7 the ,committee on ,appropriations of the ,senate2 7#c7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7#d7 the ,committee on ,appropriations of the ,house of ,representatives4 7b7 ,annual reports ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,attorney ,general shall submit to the appropriate congressional committees and publish on a publicly accessible website a report describing-- 7#a7 the level of compliance of each relevant immigration court with the requirements described in section #bdj;,d of the ,immigration and ,nationality ,act1 as added by section #b7;a72 7#b7 corrective actions the ,attorney ,general is taking or plans to take to ensure that any relevant immigration court that is not in compliance with the requirements referred to in paragraph 7#a7 expeditiously achieves such compliance2 7#c7 training that has been provided to judges assigned to the ,children's ,court 7as defined in such section #bdj;,d72 7#d7 the number of unaccompanied alien children's cases pending before the ,children's ,court2 7#e7 the number of unaccompanied alien children's cases receiving final decisions in the ,children's ,court during the reporting period1 disaggregated by-- 7,a7 decision type1 including orders of removal1 grants of relief1 dismissals1 and terminations2 and 7,b7 whether the children were represented by an attorney at the time they received the final decisions2 7#f7 unaccompanied alien children's appearance rates at hearings before the ,children's ,court1 disaggregated by whether the children were represented by an attorney at the time of such hearings2 and 7#g7 any immigration court resources conserved by the establishment and administration of specialized children's dockets4 7c7 ,biennial evaluations ,not later than #b years after the date of the enactment of this ,act1 and biennially thereafter1 the ,comptroller ,general of the ,united ,states shall submit to the appropriate congressional committees and publish on a public website a report evaluating-- 7#a7 the ,attorney ,general's compliance with the requirements described in section #bdj;,d of the ,immigration and ,nationality ,act1 as added by section #b7;a7 across the ,children's ,court as a whole and disaggregated by relevant immigration courts2 and 7#b7 the effectiveness of the ,children's ,court in-- 7,a7 upholding fairness and due process in unaccompanied alien children's proceedings2 and 7,b7 limiting adjudication redundancy between the ,executive ,office for ,immigration ,review and ,u4,s4 ,citizenship and ,immigration ,services4 #e4 ,authorization of appropriations ,there is authorized to be appropriated to the ,department of ,justice1 the ,department of ,homeland ,security1 and the ,department of ,health and ,human ,services such sums as may be necessary to carry out this ,act and the amendment made by this ,act4