Sec. 321. Repatriation of unaccompanied alien children

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Section 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a) ) is amended— in paragraph (2)— by striking the paragraph heading and inserting ; Rules for unaccompanied alien children.— in subparagraph (A), in the matter preceding clause (i), by striking who is a national or habitual resident of a country that is contiguous with the United States shall be treated in accordance with subparagraph

(B)and inserting shall be treated in accordance with subparagraph

(B)of this paragraph or subsection (b), as appropriate ; and in subparagraph (C)— by striking the subparagraph heading and inserting ; and Agreements with foreign countries.— in the matter preceding clause (i), by striking countries contiguous to the United States and inserting Canada, El Salvador, Guatemala, Honduras, Mexico, and any other foreign country that the Secretary determines appropriate ; by redesignating paragraphs (3), (4), and

(5)as paragraphs (4), (5), and (6), respectively; inserting after paragraph

(2)the following: Notwithstanding any other provision of law, including section 235(a) of the William Wilberforce Trafficking Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a) ), the Secretary of Homeland Security shall place an unaccompanied alien child in a proceeding in accordance with section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 ) if, the Secretary determines or has reason to believe the alien— has been convicted of, or found to be a juvenile offender based on, any offense carrying a maximum term of imprisonment of more than 180 days; has been convicted of, or found to be a juvenile offender based on, an offense which involved— the use or attempted use of physical force, or threatened use of a deadly weapon; the purchase, sell, offering for sale, exchange, use, owning, possession, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18, United States Code) in violation of any law; child abuse and neglect (as defined in section 40002(a)(3) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a)(3) ); assault resulting in bodily injury (as defined in section 2266 of title 18, United States Code); the violation of a protection order (as defined in section 2266 of title 18, United States Code); driving while intoxicated or driving under the influence (as those terms are defined in section 164 of title 23, United States Code); or any offense under foreign law, except for a purely political offense, which, if the offense had been committed in the United States, would render the alien inadmissible under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ); has been convicted of, or found to be a juvenile offender based on, more than 1 criminal offense (other than minor traffic offenses); has been convicted of, or found to be a juvenile offender based on a crime of violence or an offense under Federal, State, or Tribal law, that has, as an element, the use or attempted use of physical force or the threatened use of physical force or a deadly weapon; has engaged in, is engaged in, or is likely to engage after entry, in any terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(iii) ), or intends to participate or has participated in the activities of a foreign terrorist organization (as designated under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 )); has engaged in, is engaged in, or any time after a prior admission engages in activity described in section 237(a)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(4) ); is or was a member of a criminal gang (as defined in paragraph

(53)of section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(53) ); provided materially false, fictitious, or fraudulent information regarding age or identity to the United States Government with the intent to be inaccurately classified as an unaccompanied alien child; or has entered the United States more than 1 time in violation of section 275(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) ), knowing that the entry was unlawful. has entered the United States more than 1 time in violation of section 275(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) ), knowing that the entry was unlawful. ; in paragraph (4), as redesignated— by striking not described in paragraph (2)(A) ; and by inserting who choose not to withdraw their application for admission and return to their country of nationality or country of last habitual residence after port of entry ; in paragraph (6)(D), as redesignated— by striking the subparagraph heading and inserting ; Expedited due process and screening for unaccompanied alien children .— in the matter preceding clause (i), by striking , except for an unaccompanied alien child from a contiguous country subject to the exceptions under subsection (a)(2), shall be— and inserting who meets the criteria listed in paragraph (2)(A) and who chooses not to withdraw his or her application for admission and return to the unaccompanied alien child’s country of nationality or country of last habitual residence as permitted under section 235B(c)(5) of the Immigration and Nationality Act ( ; 8 U.S.C. 1225b(c)(5) )— by striking clause

(i)and inserting the following: shall be placed in a proceeding in accordance with section 235B of the Immigration and Nationality Act ( 8 U.S.C. 1225b ), which shall commence not later than 7 days after the screening of an unaccompanied alien child described in paragraph (5); ; by redesignating clauses

(ii)and

(iii)as clauses

(iii)and (iv), respectively; by inserting after clause

(i)the following: may not be placed in the custody of a nongovernmental sponsor or otherwise released from the immediate custody of the United States Government until the child is repatriated unless the child— is the subject of an order under section 235B(e)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1225b(e)(1) ); and is placed or released in accordance with subsection (c)(2)(C) of this section. ; in clause (iii), as redesignated, by inserting is before eligible ; and in clause (iv), as redesignated, by inserting shall be before provided .

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