; (b) is detained by the United States government at or near a port of entry or within 100 miles of the border of the United States while having custody of and being in the presence of a child for whom the alien is a parent or legal guardian; and (c) seeks, within 48 hours of detention, asylum pursuant to section 208 of the Immigration and Nationality Act, withholding of removal pursuant to section 241(b)(3) of the Immigration and Nationality Act, or withholding of removal pursuant to the Convention Against Torture. (2) Asylum application The term asylum application means an application for asylum pursuant to section 208 of the Immigration and Nationality Act, an application for withholding of removal under section 241(b)(3) of the Immigration and Nationality Act, and/or an application for withholding of removal pursuant to the Convention Against Torture. (3) Child The term child means an individual who— (A) has not reached the age of 18; (B) has no permanent immigration status; and (C) was in the custody and presence of a parent or legal guardian when the parent or legal guardian was detained for illegally entering into the United States at or near a port of entry or within 100 miles of the border of the United States. (4) Designated agency The term designated agency means— (A) the Department of Homeland Security; (B) the Department of Justice; and (C) the Department of Health and Human Services. (5) Secretary Unless otherwise specified, the term Secretary means the Secretary of Homeland Security.