Sec. 3. 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 amending the paragraph heading to read as follows: ; 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)or subsection (b), as appropriate ; and in subparagraph (C)— by amending the subparagraph heading to read as follows: ; and Agreements with foreign countries .— in the matter preceding clause (i), by inserting and any other foreign country that the Secretary determines to be appropriate after countries contiguous to the United States ; by redesignating paragraphs (3), (4), and
(5)as paragraphs (4), (5), and (6), respectively; and inserting after paragraph
(2)the following: Notwithstanding any other provision of law, 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 that the alien— has been convicted of 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 that involved— the use or attempted use of physical force, or threatened use of a deadly weapon; the purchase, sale, offering for sale, exchange, use, ownership, 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 ( 34 U.S.C. 12291(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 such terms are defined in section 164 of title 23, United States Code); or any offense under foreign law (except a purely political offense) that, 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 section 101(a)(53) 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 inaccurately classified as an unaccompanied alien child; or has entered the United States more than once in violation of section 275(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) ), knowing that the entry was unlawful. . The Secretary of Homeland Security and the Attorney General shall ensure that immigration proceedings and any claims for relief, including asylum, for an unaccompanied minor child are prioritized and expeditiously adjudicated.
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U.S. Code
- Enhancing efforts to combat the trafficking of children§ 1232
- Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing§ 1225
- Definitions and grant provisions§ 12291
- Inadmissible aliens§ 1182
- Designation of foreign terrorist organizations§ 1189
- Deportable aliens§ 1227
- Definitions§ 1101
- Improper entry by alien§ 1325
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Sec. 3
Repatriation of unaccompanied alien children
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