(C) EXCEPTION
FOR
CHILDREN
WHO 
THREATEN
NATIONAL
SECURITY.—Notwith-
standing subparagraph (A), the Directorate 
shall retain or assume the custody and care of 
an unaccompanied alien child if the Secretary 
has substantial evidence, based on an individ-
ualized determination, that such child could 
personally endanger the national security of the 
United States. 
(D) TRAFFICKING VICTIMS.—For purposes 
of section 462 of the Homeland Security Act of 
2002 (6 U.S.C. 279) and this Act, an unaccom-
panied alien child who is eligible for services au-
thorized under the Victims of Trafficking and 
Violence Protection Act of 2000 (Public Law 
106–386), shall be considered to be in the cus-
tody of the Office. 
(2) NOTIFICATION.—
(A) IN
GENERAL.—The Secretary shall 
promptly notify the Office upon—
(i) the apprehension of an unaccom-
panied alien child; 
(ii) the discovery that an alien in the 
custody of the Directorate is an unaccom-
panied alien child;
(iii) any claim by an alien in the cus-
tody of the Directorate that such alien is 
under the age of 18; or 
(iv) any suspicion that an alien in the 
custody of the Directorate who has claimed 
to be over the age of 18 is actually under 
the age of 18. 
(B) SPECIAL
RULE.—In the case of an 
alien described in clause (iii) or (iv) of subpara-
graph (A), the Director shall make an age de-
termination in accordance with section 105 and 
take whatever other steps are necessary to de-
termine whether such alien is eligible for treat-
ment under section 462 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 279) or this Act. 
(3) TRANSFER
OF
UNACCOMPANIED
ALIEN 
CHILDREN.—
(A) TRANSFER TO THE OFFICE.—The care 
and custody of an unaccompanied alien child 
shall be transferred to the Office—
(i) in the case of a child not described 
in subparagraph (B) or (C) of paragraph 
(1), not later than 72 hours after a deter-
mination is made that such child is an un-
accompanied alien child;
(ii) in the case of a child whose cus-
tody and care has been retained or as-
sumed by the Directorate pursuant to sub-
paragraph (B) or (C) of paragraph (1), 
immediately following a determination that 
the child no longer meets the description 
set forth in such subparagraphs; or 
(iii) in the case of a child who was 
previously released to an individual or enti-
ty described in section 102(a)(1), upon a 
determination by the Director that such in-
dividual or entity is no longer able to care 
for the child. 
(B) TRANSFER TO THE DIRECTORATE.—
Upon determining that a child in the custody of 
the Office is described in subparagraph (B) or 
(C) of paragraph (1), the Director shall trans-
fer the care and custody of such child to the 
Directorate. 
(C) PROMPTNESS OF TRANSFER.—In the 
event of a need to transfer a child under this 
paragraph, the sending office shall make 
prompt arrangements to transfer such child and 
the receiving office shall make prompt arrange-
ments to receive such child.
(c) AGE DETERMINATIONS.—In any case in which 
the age of an alien is in question and the resolution of 
questions about the age of such alien would affect the 
alien’s eligibility for treatment under section 462 of the 
Homeland Security Act of 2002 (6 U.S.C. 279) or this 
Act, a determination of whether or not such alien meets 
such age requirements shall be made by the Director in 
accordance with section 105. 
SEC. 102. FAMILY REUNIFICATION FOR UNACCOMPANIED 
ALIEN CHILDREN WITH RELATIVES IN THE 
UNITED STATES. 
(a) PLACEMENT AUTHORITY.—
(1) ORDER OF PREFERENCE.—Subject to the 
discretion of the Director under paragraph (4), sec-
tion 103(a)(2), and section 462(b)(2) of the Home-
land Security Act of 2002 (6 U.S.C. 279(b)(2)), an 
unaccompanied alien child in the custody of the Of-
fice shall be promptly placed with 1 of the following 
individuals or entities in the following order of pref-
erence: 
(A) A parent who seeks to establish cus-
tody, as described in paragraph (3)(A). 
(B) A legal guardian who seeks to estab-
lish custody, as described in paragraph (3)(A). 
(C) An adult relative.