Sec. 1. Equal treatment of unaccompanied alien children

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Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ) is amended— in subsection (a)— in paragraph (2)— by amending the paragraph heading to read as follows: ; Rules for unaccompanied alien children in subparagraph (A), by striking who is a national or habitual resident of a country that is contiguous with the United States ; in subparagraph (B)— in the matter preceding clause (i), by striking may and inserting shall ; and in clause (ii), by inserting not later than 72 hours after the child is screened under paragraph

(4)by placing the child on the next available flight to such country, subject to determinations of cost, feasibility and any repatriation agreements with such country before the period at the end; and in subparagraph (C), by striking countries contiguous to the United States and inserting countries from which large numbers of unaccompanied alien children are unlawfully entering the United States ; in paragraph (4)— by striking Within 48 hours of and inserting the following: Not later than 48 hours after ; and by striking Nothing in this paragraph and inserting the following: If an immigration officer determines that an unaccompanied alien child is, or has been, affiliated with a criminal street gang (as defined in section 521(a) of title 18, United States Code), the child shall be treated in accordance with paragraph (2)(B). Nothing in this paragraph ; and in paragraph (5)(D), by striking from a contiguous country subject to exceptions under subsection (a)(2) and inserting described in paragraph (2)(A) ; and in subsection (c)— by striking paragraphs

(2)through (4); by redesignating paragraphs

(5)and

(6)as paragraphs

(3)and (4), respectively; and by inserting after paragraph

(1)the following: An unaccompanied alien child who is apprehended by U.S. Border Patrol or U.S. Immigration and Customs Enforcement shall be detained and remain in the custody of the Department of Homeland Security until the child— voluntarily departs from the United States in accordance with section 240B of the Immigration and Nationality Act ( 8 U.S.C. 1229c ); is expeditiously removed from the United States in accordance with— an order of removal issued in accordance with section 235(b)(1) of such Act ( 8 U.S.C. 1225(b)(1) ); or a final order of removal issued at the conclusion of special removal proceedings conducted pursuant to section 240 of such Act ( 8 U.S.C. 1229a ); or is legally admitted into the United States as— a refugee under section 207 of such Act ( 8 U.S.C. 1157 ); or an asylee under section 208 of such Act ( 8 U.S.C. 1158 ). .

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Sec. 1

Equal treatment of unaccompanied alien children

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