S.Amdt. 1602

SA 1602. Ms. BUTLER (for herself and Mr. Welch) submitted an
amendment intended to be proposed to amendment SA 1388 proposed by Mrs.
Murray (for herself and Mr. Schumer) to the bill H.R. 815, to amend
title 38, United States Code, to make certain improvements relating to
the eligibility of veterans to receive reimbursement for emergency
treatment furnished through the Veterans Community Care program, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place insert the following:

counsel for certain unaccompanied alien children

Sec. 3512.
Section 235(c)(5) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(c)(5)) is amended to read as follows:
``(5) Access to counsel.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary of Health and Human Services shall ensure, to
the greatest extent practicable and consistent with section
292 of the Immigration and Nationality Act (8 U.S.C. 1362),
that all unaccompanied alien children who are or have been in
the custody of the Secretary of Health and Human Services or
the Secretary of Homeland Security, and who are not described
in subsection (a)(2)(A), have counsel to represent them in
legal proceedings or matters and protect them from
mistreatment, exploitation, and trafficking. To the greatest
extent practicable, the Secretary of Health and Human
Services shall make every effort to utilize the services of
pro bono counsel who agree to provide representation to such
children without charge.
``(B) Exception for certain children.--
``(i) In general.--An unaccompanied alien child who is 17
years of age or younger, and who is placed in or referred to
removal proceedings pursuant to section 240 of the
Immigration and Nationality Act (8 U.S.C. 1229a), shall be
represented by counsel subject to clause (v).
``(ii) Age determinations.--The Secretary of Health and
Human Services shall ensure that age determinations of
unaccompanied alien children are conducted in accordance with
the procedures developed pursuant to subsection (b)(4).
``(iii) Appeals.--The rights and privileges under this
subparagraph shall attach to administrative reviews and
appeals.
``(iv) Implementation.--Not later than 90 days after the
date of the enactment of the National Security Act, 2024, the
Secretary of Health and Human Services shall implement this
subparagraph
``(v) Remedies.--For the population described in clause (i)
of this subparagraph, declaratory judgment that the
unaccompanied alien child has a right to be referred to
counsel, including pro-bono counsel, or a continuance of
immigration proceedings, shall be the exclusive remedies
available, other than for those funds subject to
appropriations.''.
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