the parental rights have been terminated, there is a pre-
sumption that— 
(1) the parental rights remain intact; and 
(2) the separation does not constitute an af-
firmative determination of abuse or neglect under 
Federal or State law. 
SEC. 9. CLARIFICATION OF EXISTING LAW. 
(a) FEDERAL LAW.—Nothing in this Act shall be in-
terpreted to supersede or modify Federal child welfare law, 
where applicable, including the Adoption and Safe Fami-
lies Act of 1997 (Public Law 105–89). 
(b) STATE LAW.—Nothing in this Act shall be inter-
preted to supersede or modify State child welfare laws 
where applicable. 
SEC. 10. LIMITATION ON THE PROSECUTION OF ASYLUM 
SEEKERS. 
(a) IN GENERAL.—An alien who has expressed a 
credible or reasonable fear of persecution, filed an applica-
tion for asylum or withholding of removal, or expressed 
an intent to file such an application, may not be pros-
ecuted under section 275(a) or 276(a) of the Immigration 
and Nationality Act (8 U.S.C. 1325(a), 1326(a)) until the 
date on which any such application has been finally adju-
dicated, including any appeals thereto. 
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(b) AFFIRMATIVE DEFENSE.—In the case that an 
alien is prosecuted under section 275(a) or 276(a) of the 
Immigration and Nationality Act (8 U.S.C. 1325(a), 
1326(a)) in violation of subsection (a), it shall be a de-
fense that the alien has expressed a credible or reasonable 
fear of persecution, filed an application for asylum or 
withholding of removal, or expressed an intent to file such 
an application, and that such application has not been fi-
nally adjudicated, including any appeals thereto. 
(c) TREATY OBLIGATIONS.—In accordance with the 
treaty obligations of the United States under Article 31 
of the United Nations Convention Relating to the Status 
of Refugees, no alien who has been granted asylum or 
withholding of removal in the United States may be pros-
ecuted under section 275(a) or 276(a) of the Immigration 
and Nationality Act (8 U.S.C. 1325(a), 1326(a)). 
SEC. 11. DEFINITIONS. 
In this Act: 
(1) DESIGNATED
AGENCY.—The term ‘‘des-
ignated agency’’ means— 
(A) the Department of Homeland Security; 
(B) the Department of Justice; and 
(C) the Department of Health and Human 
Services. 
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(2) AGENT OR OFFICER.—The term ‘‘agent or 
officer’’ includes contractors of the Federal Govern-
ment. 
(3) CHILD.—The term ‘‘child’’ means an indi-
vidual who— 
(A) has not reached the age of 18; and 
(B) has no permanent immigration status. 
(4) COMMITTEES OF JURISDICTION.—The term 
‘‘committees of jurisdiction’’ means— 
(A) the Committee on the Judiciary and 
the Committee on Health, Education, Labor, 
and Pensions of the Senate; and 
(B) the Committee on the Judiciary and 
the Committee on Education and Labor of the 
House of Representatives. 
(5) FINDING.—The term ‘‘finding’’ means an 
individualized written assessment or screening for-
malized as required under section 2(c), and con-
sistent with sections 3, 4, and 8. 
(6) IN DANGER OF ABUSE OR NEGLECT AT THE 
HAND OF THE PARENT OR LEGAL GUARDIAN.—The 
term ‘‘in danger of abuse or neglect at the hands of 
the parent or legal guardian’’ does not include mi-
grating to or crossing of a border of the United 
States. 
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(7) SECRETARY.—Unless otherwise specified, 
the term ‘‘Secretary’’ means the Secretary of Home-
land Security. 
Æ 
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