End Child Trafficking Now Act

I 116TH CONGRESS 1ST SESSION H. R. 3864 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 HOUSE OF REPRESENTATIVES JULY 19, 2019 Mr. GOODEN introduced the following bill; which was 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 00:29 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3864.IH H3864 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3864 IH SEC. 2. DNA TESTING. 1 Section 211 of the Immigration and Nationality Act 2 (8 U.S.C. 1181) is amended by adding at the end 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 documents to prove that the 14 alien is a relative or guardian of the minor; 15 ‘‘(2) the alien presents to the Secretary of 16 Homeland Security a witness to testify that the alien 17 is a relative or guardian of the minor; or 18 ‘‘(3) a DNA test administered by the Secretary 19 of Health and Human Services proves that the alien 20 is a relative of the minor. 21 ‘‘(c) ADMINISTRATION OF DNA TEST.—The Sec- 22 retary of Homeland Security shall request, and the Sec- 23 retary of Health and Human Services shall administer, a 24 DNA test only in the case that the Secretary of Homeland 25 Security is unable to determine, based on the evidence pre- 26 VerDate Sep 11 2014 00:29 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3864.IH H3864 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3864 IH sented under paragraphs (1) and (2) of subsection (b), 1 that the alien is a relative or guardian of the minor accom- 2 panying the alien. 3 ‘‘(d) DENIAL OF CONSENT.— 4 ‘‘(1) ALIEN.—An alien described in subsection 5 (a) is inadmissible if— 6 ‘‘(A) the Secretary of Homeland Security 7 determines that the alien has presented insuffi- 8 cient evidence under paragraphs (1) and (2) of 9 subsection (b) to prove that the alien is a rel- 10 ative 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 the case that the re- 19 sults of the DNA test fail to prove that the alien described 20 in subsection (a) is a relative of a minor accompanying 21 the alien, an immigration officer shall conduct interviews 22 as necessary to determine whether the alien is a relative 23 or guardian of the minor. 24 VerDate Sep 11 2014 00:29 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3864.IH H3864 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3864 IH ‘‘(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 (d), 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 offense of 8 human trafficking, recycling of a minor, and alien 9 smuggling. 10 ‘‘(g) DEFINITIONS.—In this section— 11 ‘‘(1) the term ‘minor’ means an alien who has 12 not attained 18 years of age; 13 ‘‘(2) the term ‘recycling’ means, with respect to 14 a minor, that the minor is being used to enter the 15 United States on more than 1 occasion, by an alien 16 who has attained 18 years of age and is neither the 17 relative nor the guardian of the minor; and 18 ‘‘(3) the term ‘relative’ means an individual re- 19 lated by consanguinity within the second degree as 20 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 21:14 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3864.IH H3864 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 3864 IH ‘‘§ 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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