; and (2) the separation does not constitute an affirmative determination of abuse or neglect under Federal or State law. 9. Clarification of existing law (a) Federal law Nothing in this Act shall be interpreted to supersede or modify Federal child welfare law, where applicable, including the Adoption and Safe Families Act of 1997 ( Public Law 105–89 ). (b) State law Nothing in this Act shall be interpreted to supersede or modify State child welfare laws where applicable. 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 application for asylum or withholding of removal, or expressed an intent to file such an application, may not be prosecuted 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 adjudicated, including any appeals thereto. (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 defense 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 finally 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 prosecuted under section 275(a) or 276(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) , 1326(a)). 11. Definitions In this Act: (1) Designated agency The term designated agency means— (A) the Department of Homeland Security; (B) the Department of Justice