End Child Trafficking Now Act

II 118TH CONGRESS 1ST SESSION S. 1843 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 JUNE 7, 2023 Mrs. BLACKBURN (for herself, Mr. HAGERTY, Mr. TILLIS, Mr. HOEVEN, Mr. CASSIDY, Mrs. HYDE-SMITH, Mr. CRUZ, Mr. LEE, Mr. DAINES, Mr. VANCE, 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 07:16 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1843.IS S1843 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1843 IS SEC. 2. DNA TESTING. 1 Chapter 2 of title II of the Immigration and Nation- 2 ality Act (8 U.S.C. 1181 et seq.) is amended by inserting 3 after section 211 the following: 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) 1 or more documents that prove that 15 such alien is a relative or guardian of such 16 minor; and 17 ‘‘(B) a witness that testifies that such 18 alien is a relative or guardian of such minor; or 19 ‘‘(2) a DNA test administered by the Secretary 20 of Health and Human Services proves that such 21 alien is a relative of such 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 if the Secretary of Homeland Security is 26 VerDate Sep 11 2014 07:16 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1843.IS S1843 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1843 IS unable to determine, based on the evidence presented in 1 accordance with subsection (b)(1), that an adult alien is 2 a relative or guardian of the minor accompanying such 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 such alien has presented insuf- 9 ficient 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.—If the results of a DNA 19 test administered pursuant to subsection (c) fail to prove 20 that an alien described in subsection (a) is a relative of 21 a minor accompanying such alien, an immigration officer 22 shall conduct such interviews as may be necessary to de- 23 termine whether such alien is a relative or guardian of 24 such minor. 25 VerDate Sep 11 2014 07:16 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1843.IS S1843 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1843 IS ‘‘(f) ARREST.—An immigration officer may, pursuant 1 to section 287, arrest an alien described in subsection (a) 2 if the immigration officer— 3 ‘‘(1) determines, after conducting interviews 4 pursuant to subsection (e), that such alien is not re- 5 lated to the minor accompanying the alien; and 6 ‘‘(2) has reason to believe that such alien is 7 guilty of a felony offense, including the offenses of 8 human trafficking, recycling of a minor, or 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 that a minor is being used to enter the United 15 States on more than 1 occasion by an alien who has 16 attained 18 years of age and is not the relative or 17 the guardian of such 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 07:16 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1843.IS S1843 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1843 IS ‘‘§ 1430. Recycling of minors 1 ‘‘(a) IN GENERAL.—Any person 18 years of age or 2 older who 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: 12 ‘‘1430. Recycling of minors.’’. Æ VerDate Sep 11 2014 07:16 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1843.IS S1843 kjohnson on DSK79L0C42PROD with BILLS