Sec. 1101. Repatriation 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 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 ; in clause (i), by inserting and at the end; in clause (ii), by striking ; and and inserting a period; and by striking clause (iii); in subparagraph (B)— in the matter preceding clause (i), by striking ( and inserting 8 U.S.C. 1101 et seq.) may— ( ; 8 U.S.C. 1101 et seq.)— in clause (i), by inserting before permit such child to withdraw the following: may ; and in clause (ii), by inserting before return such child the following: shall ; and in subparagraph (C)— by amending the heading to read as follows: ; and Agreements with foreign countries.— in the matter preceding clause (i), by striking The Secretary of State shall negotiate agreements between the United States and countries contiguous to the United States and inserting The Secretary of State may negotiate agreements between the United States and any foreign country that the Secretary determines appropriate ; by redesignating paragraphs
(3)through
(5)as paragraphs
(4)through (6), respectively, and inserting after paragraph
(2)the following: An unaccompanied alien child shall be interviewed by a dedicated U.S. Citizenship and Immigration Services immigration officer with specialized training in interviewing child trafficking victims. Such officer shall be in plain clothes and shall not carry a weapon. The interview shall occur in a private room. ; and in paragraph (6)(D) (as so redesignated)— in the matter preceding clause (i), by striking , except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection (a)(2), and inserting who does not meet the criteria listed in paragraph (2)(A) ; and in clause (i), by inserting before the semicolon at the end the following: , which shall include a hearing before an immigration judge not later than 14 days after being screened under paragraph
(4); in subsection (b)— in paragraph (2)— in subparagraph (A), by inserting before the semicolon the following: believed not to meet the criteria listed in subsection (a)(2)(A) ; and in subparagraph (B), by inserting before the period the following: and does not meet the criteria listed in subsection (a)(2)(A) ; and in paragraph (3), by striking an unaccompanied alien child in custody shall and all that follows, and inserting the following: an unaccompanied alien child in custody— in the case of a child who does not meet the criteria listed in subsection (a)(2)(A), shall transfer the custody of such child to the Secretary of Health and Human Services not later than 30 days after determining that such child is an unaccompanied alien child who does not meet such criteria; or in the case of child who meets the criteria listed in subsection (a)(2)(A), may transfer the custody of such child to the Secretary of Health and Human Services after determining that such child is an unaccompanied alien child who meets such criteria. ; and in subsection (c)— in paragraph (3), by inserting at the end the following: Before placing a child with an individual, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security, regarding the individual with whom the child will be placed, the following information: The name of the individual. The social security number of the individual, if available. The date of birth of the individual. The location of the individual’s residence where the child will be placed. The immigration status of the individual, if known. Contact information for the individual. In the case of a child who was apprehended on or after the effective date of this clause, and before the date of the enactment of this subparagraph, who the Secretary of Health and Human Services placed with an individual, the Secretary shall provide the information listed in clause
(i)to the Secretary of Homeland Security not later than 90 days after such date of enactment. Not later than 30 days after receiving the information listed in clause (i), the Secretary of Homeland Security shall— in the case that the immigration status of an individual with whom a child is placed is unknown, investigate the immigration status of that individual; and upon determining that an individual with whom a child is placed is unlawfully present in the United States, initiate removal proceedings pursuant to chapter 4 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1221 et seq.). ; and in paragraph (5)— by inserting (at no expense to the Government) after to the greatest extent practicable ; and by striking have counsel to represent them and inserting have access to counsel to represent them . The amendments made by this section shall apply to any unauthorized alien child apprehended on or after the date of enactment.
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