WASHINGTON, Dec. 12 - Congress has passed The Trafficking Victims Protection and Reauthorization Act of 2008 (H.R.7311), which will significantly expand protections for unaccompanied immigrant children seeking safety in the United States. The legislation is expected to be signed into law by President Bush.

The bill ensures that unaccompanied immigrant children who are taken into custody by the federal government and placed in deportation proceedings will be sheltered in safe environments and have broader access to legal protections as they pursue asylum or immigration status. 

Each year, tens of thousands of children arrive in the United States without a parent or guardian.  Many come as refugees escaping war, persecution, or abuse such as forced recruitment of child soldiers, child labor, forced child marriages, female genital mutilation, sexual servitude, or slavery. Some are trafficked into the United States and then escape their captors. Several thousand each year are placed in immigration proceedings. 

Highlights of the Trafficking Victims Protection and Reauthorization Act (TVPRA) include:

• The TVPRA recognizes that unaccompanied immigrant children are extremely vulnerable and that most pose no threat to our communities. It requires that children are placed in the least restrictive setting possible, with an emphasis on placement with family members or in foster care.  Children may be placed in a secure facility only if the government determines that they are dangerous or have been charged with a crime.
• The TVPRA allows children to begin the asylum process in a non-adversarial setting. Currently, children must begin their asylum process by asking for protection from an immigration judge in a courtroom, an environment that is foreign and frightening for many children. Under the TVPRA, children who seek protection from persecution will be able to make their case to an asylum officer with expertise in relevant legal standards and country conditions.  Such interviews are conducted outside the courtroom in a non-adversarial setting. 
• Special Immigrant Juvenile (SIJ) visas are available to minors who have been abused, neglected or abandoned.  TVPRA requires that SIJ applications be adjudicated within six months of the date of filing to avoid unnecessary and harmful delays.  The SIJ process will be transferred to the Department of Health and Human Services, the agency charged with care and custody of the children. Currently, this jurisdiction is held by the Department of Homeland Security, the agency charged with deporting the children. This new approach is common sense reform that better respects the best interests of the children.

The TVPRA also promotes greater access to legal counsel for unaccompanied immigrant children, encourages the appointment of child advocates for trafficking victims and other vulnerable children, and requires more expansive training of federal officials who work with unaccompanied immigrant children.  The TVPRA will take effect 90 days after it is signed by President Bush, bringing these important protections into force in the spring of 2009.

Source: National Immigrant Justice Center, 12/12/08