SEC. 462. [6 U.S.C. 279] CHILDREN'S AFFAIRS.

(a) Transfer of Functions.--There are transferred to the

Director of the Office of Refugee Resettlement of the

Department of Health and Human Services functions under the

immigration laws of the United States with respect to the care

of unaccompanied alien children that were vested by statute in,

or performed by, the Commissioner of Immigration and

Naturalization (or any officer, employee, or component of the

Immigration and Naturalization Service) immediately before the

effective date specified in subsection (d).

(b) Functions.--

(1) In general.--Pursuant to the transfer made by

subsection (a), the Director of the Office of Refugee

Resettlement shall be responsible for--

(A) coordinating and implementing the care

and placement of unaccompanied alien children

who are in Federal custody by reason of their

immigration status, including developing a plan

to be submitted to Congress on how to ensure

that qualified and independent legal counsel is

timely appointed to represent the interests of

each such child, consistent with the law

regarding appointment of counsel that is in

effect on the date of the enactment of this

Act;

(B) ensuring that the interests of the

child are considered in decisions and actions

relating to the care and custody of an

unaccompanied alien child;

(C) making placement determinations for all

unaccompanied alien children who are in Federal

custody by reason of their immigration status;

(D) implementing the placement

determinations;

(E) implementing policies with respect to

the care and placement of unaccompanied alien

children;

(F) identifying a sufficient number of

qualified individuals, entities, and facilities

to house unaccompanied alien children;

(G) overseeing the infrastructure and

personnel of facilities in which unaccompanied

alien children reside;

(H) reuniting unaccompanied alien children

with a parent abroad in appropriate cases;

(I) compiling, updating, and publishing at

least annually a state-by-state list of

professionals or other entities qualified to

provide guardian and attorney representation

services for unaccompanied alien children;

(J) maintaining statistical information and

other data on unaccompanied alien children for

whose care and placement the Director is

responsible, which shall include--

(i) biographical information, such

as a child's name, gender, date of

birth, country of birth, and country of

habitual residence;

(ii) the date on which the child

came into Federal custody by reason of

his or her immigration status;

(iii) information relating to the

child's placement, removal, or release

from each facility in which the child

has resided;

(iv) in any case in which the child

is placed in detention or released, an

explanation relating to the detention

or release; and

(v) the disposition of any actions

in which the child is the subject;

(K) collecting and compiling statistical

information from the Department of Justice, the

Department of Homeland Security, and the

Department of State on each department's

actions relating to unaccompanied alien

children; and

(L) conducting investigations and

inspections of facilities and other entities in

which unaccompanied alien children reside.

(2) Coordination with other entities; no release on

own recognizance.--In making determinations described

in paragraph (1)(C), the Director of the Office of

Refugee Resettlement--

(A) shall consult with appropriate juvenile

justice professionals, the Director of the

Bureau of Citizenship and Immigration Services,

and the Assistant Secretary of the Bureau of

Border Security to ensure that such

determinations ensure that unaccompanied alien

children described in such subparagraph--

(i) are likely to appear for all

hearings or proceedings in which they

are involved;

(ii) are protected from smugglers,

traffickers, or others who might seek

to victimize or otherwise engage them

in criminal, harmful, or exploitive

activity; and

(iii) are placed in a setting in

which they are not likely to pose a

danger to themselves or others; and

(B) shall not release such children upon

their own recognizance.

(3) Duties with respect to foster care.--In

carrying out the duties described in paragraph (1)(G),

the Director of the Office of Refugee Resettlement is

encouraged to use the refugee children foster care

system established pursuant to section 412(d) of the

Immigration and Nationality Act (8 U.S.C. 1522(d)) for

the placement of unaccompanied alien children.

(c) Rule of Construction.--Nothing in this section may be

construed to transfer the responsibility for adjudicating

benefit determinations under the Immigration and Nationality

Act (8 U.S.C. 1101 et seq.) from the authority of any official

of the Department of Justice, the Department of Homeland

Security, or the Department of State.

(d) Effective Date.--Notwithstanding section 4, this

section shall take effect on the date on which the transfer of

functions specified under section 441 takes effect.

(e) References.--With respect to any function transferred

by this section, any reference in any other Federal law,

Executive order, rule, regulation, or delegation of authority,

or any document of or pertaining to a component of government

from which such function is transferred--

(1) to the head of such component is deemed to

refer to the Director of the Office of Refugee

Resettlement; or

(2) to such component is deemed to refer to the

Office of Refugee Resettlement of the Department of

Health and Human Services.

(f) Other Transition Issues.--

(1) Exercise of authorities.--Except as otherwise

provided by law, a Federal official to whom a function

is transferred by this section may, for purposes of

performing the function, exercise all authorities under

any other provision of law that were available with

respect to the performance of that function to the

official responsible for the performance of the

function immediately before the effective date

specified in subsection (d).

(2) Savings provisions.--Subsections (a), (b), and

(c) of section 1512 shall apply to a transfer of

functions under this section in the same manner as such

provisions apply to a transfer of functions under this

Act to the Department of Homeland Security.

(3) Transfer and allocation of appropriations and

personnel.--The personnel of the Department of Justice

employed in connection with the functions transferred

by this section, and the assets, liabilities,

contracts, property, records, and unexpended balance of

appropriations, authorizations, allocations, and other

funds employed, held, used, arising from, available to,

or to be made available to, the Immigration and

Naturalization Service in connection with the functions

transferred by this section, subject to section 202 of

the Budget and Accounting Procedures Act of 1950, shall

be transferred to the Director of the Office of Refugee

Resettlement for allocation to the appropriate

component of the Department of Health and Human

Services. Unexpended funds transferred pursuant to this

paragraph shall be used only for the purposes for which

the funds were originally authorized and appropriated.

(g) Definitions.--As used in this section--

(1) the term ``placement'' means the placement of

an unaccompanied alien child in either a detention

facility or an alternative to such a facility; and

(2) the term ``unaccompanied alien child'' means a

child who--

(A) has no lawful immigration status in the

United States;

(B) has not attained 18 years of age; and

(C) with respect to whom--

(i) there is no parent or legal

guardian in the United States; or

(ii) no parent or legal guardian in

the United States is available to

provide care and physical custody.

Homeland Security Act of 2002 Updated Through October 14, 2008 · 第 120 / 282 题