Treatment of aliens arriving from contiguous territory

Section 235(b)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(2)(C)) is amended by striking may return and all that follows and inserting the following: shall— (i) return the alien to such territory, or to a safe third country (as described in section 208), pending the completion of a proceeding under section 240; or (ii) detain the alien for further consideration of an application for asylum, which shall include a determination of credible fear of persecution..