1. Clarification of standards for family detention (a) In general Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ) is amended by adding at the end the following: (j) Construction (1) In general Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, the detention of any alien child who is not an unaccompanied alien child shall be governed by sections 217, 235, 236, and 241 of the Immigration and Nationality Act ( 8 U.S.C. 1187 , 1225, 1226, and 1231). There exists no presumption that an alien child who is not an unaccompanied alien child should not be detained, and all such determinations shall be in the discretion of the Secretary of Homeland Security. (2) Release of minors other than unaccompanied aliens In no circumstances shall an alien minor who is not an unaccompanied alien child be released by the Secretary of Homeland Security other than to a parent or legal guardian. (3) Family detention The Secretary of Homeland Security shall— (A) maintain the care and custody of an alien, during the period during which the charges described in clause (i) are pending, who— (i) is charged only with a misdemeanor offense under section 275(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) ); and (ii) entered the United States with the alien’s child who has not attained 18 years of age