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Original Date Announced
November 15, 2019Through Policy Memo 20-03, EOIR issues guidance limiting the role of child advocates in unaccompanied alien child (UAC) cases, stating that "neither the statute nor applicable regulations provide a formal mechanism for a child advocate to appear before an immigration judge." The guidance prohibits IJs from treating a child advocate as a UAC's legal representative.
[ID #224]
EOIR Guidance on Child Advocates in Immigration ProceedingsEffective Date
November 15, 2019Biden Administration Action: Revoked/Replaced
July 5, 2023The Role of Child Advocates in Immigration Court
This Biden administration policy replaces the Trump-era policy identified in this entry.
On July 5, 2023, DOJ issued an EOIR memorandum that supersedes and rescinds Policy Memorandum 20-03 as issued during the Trump administration and identified in this entry.
The new memorandum outlines guidelines for Child Advocates in Immigration Court. Child Advocates identify and advocate for children in immigration proceedings by making best interests determinations (BIDs) that account for child-protection principles and consider each child's unique situation. This memorandum discusses the purpose and substantive basis for BIDs and procedures for considering BIDs filed in immigration court.
View DocumentBiden Administration Action: Revoked/Replaced
April 30, 20242024.04.30 Unaccompanied Children Program Foundational Rule (45 C.F.R. Part 410)
On April 30, 2024, the Department of Health and Human Services, Administration of Children and Families, enacts a final rule regulating key aspects of the placement, care, and services provided to unaccompanied children in custody of the Office of Refugee Resettlement (ORR). The final rule implements the 1997 Flores Settlement Agreement.
Section 410.1308 of final rule addresses Child Advocates and their role in making best interest recommendations for unaccompanied children in ORR custody. The final rule codifies Child Advocates' responsibilities and authority to submit best interest determinations to ORR and/or the immigration court.
View DocumentCurrent Status
Not in effectMost Recent Action
April 30, 2024 Action: Revoked/Replaced 2024.04.30 Unaccompanied Children Program Foundational Rule (45 C.F.R. Part 410)July 5, 2023Acted on by Biden Administration
April 30, 2024Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Minors Hearings and AdjudicationsAssociated or Derivative Policies
Pre Trump-Era Policies
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December 23, 2008
EOIR Policy Memo 20-03 memorializes EOIR’s policy regarding child advocates, who are described in 8 U.S.C. § 1232(c)(6). Under the statute, "[t]he Secretary of Health and Human Services is authorized to appoint independent child advocates for child trafficking victims and other vulnerable unaccompanied alien children. A child advocate shall be provided access to materials necessary to effectively advocate for the best interest of the child. The child advocate shall not be compelled to testify or provide evidence in any proceeding concerning any information or opinion received from the child in the course of serving as a child advocate. The child advocate shall be presumed to be acting in good faith and be immune from civil liability for lawful conduct of duties as described in this provision."
8 USC 1232(c)(6) - Child Advocates
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
PM 20-03: Child Advocates in Immigration Proceedings
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Prior Policy