‘‘(52) The term ‘unaccompanied refugee children’ 
means persons described in paragraph (42) who—
‘‘(A) have not attained the age of 18; and 
‘‘(B) with respect to whom there are no parents 
or legal guardians available to provide care and 
physical custody.’’. 
(c) RULE
OF CONSTRUCTION.—A department or 
agency of a State, or an individual or entity appointed by 
a State court or juvenile court located in the United 
States, acting in loco parentis, shall not be considered a 
legal guardian for purposes of section 462 of the Home-
land Security Act of 2002 (6 U.S.C. 279) or this Act. 
TITLE 
I—CUSTODY, 
RELEASE, 
FAMILY REUNIFICATION, AND 
DETENTION 
SEC. 101. PROCEDURES WHEN ENCOUNTERING UNACCOM-
PANIED ALIEN CHILDREN. 
(a) UNACCOMPANIED CHILDREN FOUND ALONG THE 
UNITED STATES BORDER OR AT UNITED STATES PORTS 
OF ENTRY.—
(1) IN GENERAL.—Subject to paragraph (2), if 
an immigration officer finds an unaccompanied alien 
child who is described in paragraph (2) at a land 
border or port of entry of the United States and de-
termines that such child is inadmissible under the
Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.), the officer shall—
(A) permit such child to withdraw the 
child’s application for admission pursuant to 
section 235(a)(4) of the Immigration and Na-
tionality Act (8 U.S.C. 1225(a)(4)); and 
(B) return such child to the child’s country 
of nationality or country of last habitual resi-
dence. 
(2) SPECIAL
RULE
FOR
CONTIGUOUS
COUN-
TRIES.—
(A) IN GENERAL.—Any child who is a na-
tional or habitual resident of a country that is 
contiguous with the United States and that has 
an agreement in writing with the United States 
providing for the safe return and orderly repa-
triation of unaccompanied alien children who 
are nationals or habitual residents of such 
country shall be treated in accordance with 
paragraph (1), if a determination is made on a 
case-by-case basis that—
(i) such child is a national or habitual 
resident of a country described in this sub-
paragraph;
(ii) such child does not have a fear of 
returning to the child’s country of nation-
ality or country of last habitual residence 
owing to a fear of persecution; 
(iii) the return of such child to the 
child’s country of nationality or country of 
last habitual residence would not endanger 
the life or safety of such child; and 
(iv) the child is able to make an inde-
pendent decision to withdraw the child’s 
application for admission due to age or 
other lack of capacity. 
(B) RIGHT OF CONSULTATION.—Any child 
described in subparagraph (A) shall have the 
right, and shall be informed of that right in the 
child’s native language—
(i) to consult with a consular officer 
from the child’s country of nationality or 
country of last habitual residence prior to 
repatriation; and 
(ii) to consult, telephonically, with the 
Office. 
(3) RULE FOR APPREHENSIONS AT THE BOR-
DER.—The custody of unaccompanied alien children 
not described in paragraph (2) who are apprehended
at the border of the United States or at a United 
States port of entry shall be treated in accordance 
with subsection (b). 
(b) CARE AND CUSTODY OF UNACCOMPANIED ALIEN 
CHILDREN FOUND IN THE INTERIOR OF THE UNITED 
STATES.—
(1) ESTABLISHMENT OF JURISDICTION.—
(A) IN
GENERAL.—Except as otherwise 
provided under subparagraphs (B) and (C) and 
subsection (a), the care and custody of all unac-
companied alien children, including responsi-
bility for their detention, where appropriate, 
shall be under the jurisdiction of the Office. 
(B) EXCEPTION FOR CHILDREN WHO HAVE 
COMMITTED
CRIMES.—Notwithstanding 
sub-
paragraph (A), the Directorate shall retain or 
assume the custody and care of any unaccom-
panied alien child who—
(i) has been charged with any felony, 
excluding offenses proscribed by the Immi-
gration and Nationality Act (8 U.S.C. 
1101 et seq.), while such charges are pend-
ing; or 
(ii) has been convicted of any such fel-
ony.