12 2 STA T .507 5 PUBLIC LA W 110 –4 57 —DE C.2 3, 200 8UnitedS t a te s a r esa f e ly re p atriated t o t h eir c o u ntry of nation - ality or of last ha b itual residence .(2) S PECIALRU LE SFO RC H IL D RE N FRO M CON T I G UOUS COUN- TRIES. — ( A ) D ETERMINATIONS.—Any unacco m panied alien child w ho is a national or habitual resident of a country that is conti g uous with the United States shall be treated in accordance with subparagraph ( B ) , if the Secretary of H omeland Security determines, on a case-by-case basis, that— (i) such child has not been a v ictim of a severe form of traffic k ing in persons, and there is no credible evidence that such child is at risk of being trafficked upon return to the child ’ s country of nationality or of last habitual residence
(ii) such child does not have a fear of returning to the child’s country of nationality or of last habitual residence owing to a credible fear of persecution; and (iii) the child is able to make an independent deci- sion to withdraw the child’s application for admission to the United States. (B) R ETURN.—An immigration officer who finds an unaccompanied alien child described in subparagraph (A) at a land border or port of entry of the United States and determines that such child is inadmissible under the I mmigration and N ationality Act ( 8 U.S. C . 1 1 0 1etse q .) may— (i) permit such child to withdraw the child’s application for admission pursuant to section 2 35 (a)( 4 ) of the Immigration and Nationality Act (8 U.S.C. 1225(a)(4)); and (ii) return such child to the child’s country of nationality or country of last habitual residence. (C) CONTIGUOUS COUNTR Y AGREEMENTS.— T he Sec- retary of State shall negotiate agreements between the United States and countries contiguous to the United States with respect to the repatriation of children. Such agreements shall be designed to protect children from severe forms of trafficking in persons, and shall, at a min- imum, provide that— (i) no child shall be returned to the child’s country of nationality or of last habitual residence unless returned to appropriate employees or officials, including child welfare officials where available, of the accepting country’s government; (ii) no child shall be returned to the child’s country of nationality or of last habitual residence outside of reasonable business hours; and (iii) border personnel of the countries that are parties to such agreements are trained in the terms of such agreements. (3) RULE FOR OTHER CHILDREN.—The custody of unaccom- panied alien children not described in paragraph (2)(A) 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).
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