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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.


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, United States Code; Section 1103:Duties of Commissioner of Citizenship & Immigration Services.

Title 8, Code of Federal Regulations, Section 236.3 Detention & Release of Juveniles.

Title 18, United States Code: Responsibilites of Federal & State Authorities.


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.


Unaccompanied Minors Project Center for Human Rights and Constitutional Law donate home search/ About Us Contact Us Center for Human Rights and Constitutional Law Websites: