; and (B) the decision whether to detain or release the alien minor shall be in the sole and unreviewable discretion of the Secretary of Homeland Security. (2) Limitations on release The release of an alien minor who is not described in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) ) may not be presumed and an alien minor not described in such section may not be released by the Secretary to anyone other than a parent or legal guardian. (3) Conditions of confinement The conditions of confinement applicable to alien minors who are not described in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) ) shall be determined in the sole and unreviewable discretion of the Secretary of Homeland Security, and specific licensing requirements may not be imposed other than requirements determined appropriate by the Secretary. . (2) Effective date The amendments made by subparagraph (1)shall take effect on the date of enactment of this Act and shall apply regardless of the date on which the actions giving rise to removability or detention took place. 1326. Fraud in connection with the transfer of custody of unaccompanied alien children (a) In general Chapter 47 of title 18, United States Code, is amended by adding at the end the following: 1041. Fraud in connection with the transfer of custody of unaccompanied alien children (a) In general It shall be unlawful for a person to obtain custody of an unaccompanied alien child (as defined in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) )) by— (1) making any materially false, fictitious, or fraudulent statement or representation