Feinstein Measure to Protect Unaccompanied Alien Minors Included in Bill to
Form Department of Homeland Security
July 25, 2002

Washington, DC - The Senate Government Affairs Committee today approved the inclusion of bipartisan legislation by Senator Dianne Feinstein (D-Calif.) to protect unaccompanied alien minors as part of legislation to establish a new Department of Homeland Security.

The measure would transfer responsibility for these children from the Immigration and Naturalization Service to the Department of Health and Human Services Office of Refugee Resettlement. The bill would set standards for the detention and release of the these children and ensure that they have legal representation and a guardian ad litem (e.g., social worker), to ensure that the child's legal and social welfare needs are met.

"I am pleased that the Government Affairs Committee agreed to my request that this important measure be included in the Homeland Security legislation." Senator Feinstein said. "By including this measure in the bill, the committee has helped ensure that these children receive fair and appropriate treatment, have access to a volunteer attorney, and are treated with their best interests in mind when in the custody of the U.S. Government."

Last year, approximately 5,300 unaccompanied children came to the United States, including many who were traumatized and exploited. Of these youngsters, almost 2,000 were detained by the INS in juvenile jails, imprisoned with violent offenders, for months or sometimes even years.

"I believe we have a special obligation to these children, who come to our country with no parent or guardian, fleeing from danger," Senator Feinstein said. "This measure's inclusion would ensure that the proposed Department of Homeland Security is not burdened with functions that do not relate to its core mission. Second, it would ensure that the restructured immigration agency could dedicate itself to its core functions. The move would also ensure that the unaccompanied alien children receive fair and appropriate treatment when in the custody of the U.S. government."

The bipartisan legislation is cosponsored by Senators Sam Brownback (R-KS), Maria Cantwell (D-WA), Richard Durbin (D-IL), John Edwards (D-NC), Russell Feingold (D-WI), Bob Graham (D-FL), Edward Kennedy (D-MA), Herb Kohl (D-WI), Mary Landrieu (D-LA), Patrick Leahy (D-VT), Barbara Mikulski (D-MD), Olympia Snowe (R-ME), Arlen Specter (R-PA), George Voinovich (R-OH), and Paul Wellstone (D-MN).

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