Laws and Policy
This page provides information on relevant legislation and laws that affect the rights of immigrant children.
Additionally, this page seeks to provide information on multiple Legalization proposals currently up for consideration before our Federal elected officials. It is intended to provide up-to-date information on the language and status of several proposals, as well as background studies and analyses from respected third-party sources. Below you will find links to each of the major proposals currently before Congress, each link gathering a variety of resources relating to each proposal.
U.S. LAWS
Homeland Security Act of 2002,
Pub. L. No. 107–296 (H.R. 5005), Sec.462 (g)(2)(a–c).
The responsibility for these children’s care and custody was transferred from the (now abolished) INS to the Office of Refugee Resettlement (ORR) in the Department of Health and Human Services on March 1, 2003.Signed into law by President George W. Bush November 25, 2002.
Title 8, Code of Federal Regulations, Section 236.3 Detention & Release of Juveniles.
Title 18, United States Code: Responsibilites of Federal & State Authorities.
CALIFORNIA LAWS
Assemblymember Joe Nation of the 6th Assembly District has proposed
the following bill. According to his office, "[a]nnually there are
hundreds of immigrant children in California who are taken into County
custody through Child Protective Services, the Juvenile Court System or
some other avenue. Many of these children are subsequently placed into
the state's foster care and adoption networks. Unfortunately, there are
no uniform guidelines for how these children are processed and whether
or not they or their prospective guardians are provided with assistance
to navigate the immigration system as well. This can result in children
being legally adopted to California residents, while being "illegal" in
the United States. With this in mind, AB 1895 requires counties to
assign an immigration attorney or immigration specialist to these
children of special status so that they and their prospective guardians
may receive assistance in navigating the immigration and adoption
processes simultaneously." To the Governor.