End Child Trafficking Now Act

II 117TH CONGRESS 1ST SESSION S. 903 To amend the Immigration and Nationality Act to require a DNA test to determine the familial relationship between an alien and an accom- panying minor, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 23, 2021 Mrs. BLACKBURN (for herself, Mr. TILLIS, and Ms. ERNST) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to require a DNA test to determine the familial relationship be- tween an alien and an accompanying minor, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘End Child Trafficking 4 Now Act’’. 5 VerDate Sep 11 2014 01:02 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S903.IS S903 kjohnson on DSK79L0C42PROD with BILLS 2 •S 903 IS SEC. 2. DNA TESTING. 1 The Immigration and Nationality Act (8 U.S.C. 1101 2 et seq.) is amended by inserting after section 211 the fol- 3 lowing: 4 ‘‘SEC. 211A. FAMILIAL RELATIONSHIP DOCUMENTARY RE- 5 QUIREMENTS. 6 ‘‘(a) IN GENERAL.—Except as provided in subsection 7 (b), an alien who has attained 18 years of age may not 8 be admitted into the United States with a minor. 9 ‘‘(b) EXCEPTIONS.—An alien described in subsection 10 (a) may be admitted into the United States with a minor 11 if— 12 ‘‘(1) the alien presents to the Secretary of 13 Homeland Security— 14 ‘‘(A) one or more documents that prove 15 that the alien is a relative or guardian of the 16 minor; and 17 ‘‘(B) a witness that testifies that the alien 18 is a relative or guardian of the minor; or 19 ‘‘(2) a DNA test administered by the Secretary 20 of Health and Human Services proves that the alien 21 is a relative of the minor. 22 ‘‘(c) ADMINISTRATION OF DNA TEST.—The Sec- 23 retary of Homeland Security shall request, and the Sec- 24 retary of Health and Human Services shall administer, a 25 DNA test only in a case in which the Secretary of Home- 26 VerDate Sep 11 2014 01:02 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S903.IS S903 kjohnson on DSK79L0C42PROD with BILLS 3 •S 903 IS land Security is unable to determine, based on the evi- 1 dence presented under subsection (b)(1), that the alien is 2 a relative or guardian of the minor accompanying the 3 alien. 4 ‘‘(d) DENIAL OF CONSENT.— 5 ‘‘(1) ALIEN.—An alien described in subsection 6 (a) is inadmissible if— 7 ‘‘(A) the Secretary of Homeland Security 8 determines that the alien has presented insuffi- 9 cient evidence under subsection (b)(1) to prove 10 that the alien is a relative of the minor; and 11 ‘‘(B) the alien refuses to consent to a DNA 12 test. 13 ‘‘(2) MINOR.—A minor accompanying an alien 14 who is inadmissible under paragraph (1) shall be 15 treated as an unaccompanied alien child (as defined 16 in section 462(g) of the Homeland Security Act of 17 2002 (6 U.S.C. 279(g))). 18 ‘‘(e) DNA TEST RESULTS.—In a case in which the 19 results of the DNA test fail to prove that the alien de- 20 scribed in subsection (a) is a relative of a minor accom- 21 panying the alien, an immigration officer shall conduct 22 interviews as necessary to determine whether the alien is 23 a relative or guardian of the minor. 24 VerDate Sep 11 2014 01:02 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S903.IS S903 kjohnson on DSK79L0C42PROD with BILLS 4 •S 903 IS ‘‘(f) ARREST.—An immigration officer may arrest, 1 pursuant to section 287, an alien described in subsection 2 (a) if the immigration officer— 3 ‘‘(1) determines, after conducting interviews 4 pursuant to subsection (e), that the alien is not re- 5 lated to the minor accompanying the alien; and 6 ‘‘(2) has reason to believe that the alien is 7 guilty of a felony offense, including the offenses of 8 human trafficking, recycling of a minor, and alien 9 smuggling. 10 ‘‘(g) DEFINITIONS.—In this section— 11 ‘‘(1) MINOR.—The term ‘minor’ means an alien 12 who has not attained 18 years of age. 13 ‘‘(2) RECYCLING.—The term ‘recycling’ means, 14 with respect to a minor, that the minor is being used 15 to enter the United States on more than 1 occasion, 16 by an alien who has attained 18 years of age and 17 is not the relative or the guardian of the minor; 18 ‘‘(3) RELATIVE.—The term ‘relative’ means an 19 individual related by consanguinity within the second 20 degree, as determined by common law.’’. 21 SEC. 3. CRIMINALIZING RECYCLING OF MINORS. 22 (a) IN GENERAL.—Chapter 69 of title 18, United 23 States Code, is amended by adding at the end the fol- 24 lowing: 25 VerDate Sep 11 2014 01:02 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S903.IS S903 kjohnson on DSK79L0C42PROD with BILLS 5 •S 903 IS ‘‘§ 1430. Recycling of minors 1 ‘‘(a) IN GENERAL.—Whoever, being 18 years of age 2 or over, knowingly uses, for the purpose of entering the 3 United States, a minor to whom the individual is not a 4 relative or guardian, shall be fined under this title, impris- 5 oned not more than 10 years, or both. 6 ‘‘(b) RELATIVE.—In this section, the term ‘relative’ 7 means an individual related by consanguinity within the 8 second degree as determined by common law.’’. 9 (b) CLERICAL AMENDMENT.—The table of sections 10 for chapter 69 of title 18, United States Code, is amended 11 by adding at the end the following new item: 12 ‘‘1430. Recycling of minors.’’. 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