Bill Summary
This bill, referred to as the "End Child Trafficking Now Act," aims to amend the Immigration and Nationality Act to require a DNA test to determine the familial relationship between an alien and an accompanying minor. This means that if an individual who is 18 years or older wishes to enter the United States with a minor, they must prove that they are a relative or guardian of the child through documents and a witness, or through a DNA test administered by the Secretary of Health and Human Services. If the DNA test fails to prove the familial relationship, immigration officers will conduct interviews to determine if the individual is indeed related to the minor. This bill also criminalizes the act of "recycling" minors, which means using a minor to enter the United States more than once. Those found guilty of this offense could face fines and/or imprisonment.
Possible Impacts
1. This legislation may affect people who are trying to enter the United States with an accompanying minor, as they may now be required to undergo a DNA test to prove their familial relationship.
2. It could also affect individuals who are found guilty of recycling minors, as they may face fines, imprisonment, or both.
3. The legislation could also impact immigration officers, as they may now have the authority to arrest individuals who are deemed to be guilty of a felony offense, such as human trafficking, recycling of minors, or alien smuggling.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2420 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 2420
To amend the Immigration and Nationality Act to require a DNA test to
determine the familial relationship between an alien and an
accompanying minor, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2019
Mrs. Blackburn (for herself 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 between an alien and an
accompanying minor, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Child Trafficking Now Act''.
SEC. 2. DNA TESTING.
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after section 211 the following:
``SEC. 211A. FAMILIAL RELATIONSHIP DOCUMENTARY REQUIREMENTS.
``(a) In General.--Except as provided in subsection (b), an alien
who has attained 18 years of age may not be admitted into the United
States with a minor.
``(b) Exceptions.--An alien described in subsection (a) may be
admitted into the United States with a minor if--
``(1) the alien presents to the Secretary of Homeland
Security--
``(A) one or more documents that prove that the
alien is a relative or guardian of the minor; and
``(B) a witness that testifies that the alien is a
relative or guardian of the minor; or
``(2) a DNA test administered by the Secretary of Health
and Human Services proves that the alien is a relative of the
minor.
``(c) Administration of DNA Test.--The Secretary of Homeland
Security shall request, and the Secretary of Health and Human Services
shall administer, a DNA test only in a case in which the Secretary of
Homeland Security is unable to determine, based on the evidence
presented under paragraphs (1) and (2) of subsection (b), that the
alien is a relative or guardian of the minor accompanying the alien.
``(d) Denial of Consent.--
``(1) Alien.--An alien described in subsection (a) is
inadmissible if--
``(A) the Secretary of Homeland Security determines
that the alien has presented insufficient evidence
under subsection (b)(1) to prove that the alien is a
relative of the minor; and
``(B) the alien refuses to consent to a DNA test.
``(2) Minor.--A minor accompanying an alien who is
inadmissible under paragraph (1) shall be treated as an
unaccompanied alien child (as defined in section 462(g) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g))).
``(e) DNA Test Results.--In a case in which the results of the DNA
test fail to prove that the alien described in subsection (a) is a
relative of a minor accompanying the alien, an immigration officer
shall conduct interviews as necessary to determine whether the alien is
a relative or guardian of the minor.
``(f) Arrest.--An immigration officer may arrest, pursuant to
section 287, an alien described in subsection (a) if the immigration
officer--
``(1) determines, after conducting interviews pursuant to
subsection (d), that the alien is not related to the minor
accompanying the alien; and
``(2) has reason to believe that the alien is guilty of a
felony offense, including the offenses of human trafficking,
recycling of a minor, and alien smuggling.
``(g) Definitions.--In this section--
``(1) Minor.--The term `minor' means an alien who has not
attained 18 years of age.
``(2) Recycling.--the term `recycling' means, with respect
to a minor, that the minor is being used to enter the United
States on more than 1 occasion, by an alien who has attained 18
years of age and is not the relative or the guardian of the
minor.
``(3) Relative.--the term `relative' means an individual
related by consanguinity within the second degree, as
determined by common law.''.
SEC. 3. CRIMINALIZING RECYCLING OF MINORS.
(a) In General.--Chapter 69 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1430. Recycling of minors
``(a) In General.--Whoever, being 18 years of age or over,
knowingly uses, for the purpose of entering the United States, a minor
to whom the individual is not a relative or guardian, shall be fined
under this title, imprisoned not more than 10 years, or both.
``(b) Relative.--In this section, the term `relative' means an
individual related by consanguinity within the second degree as
determined by common law.''.
(b) Clerical Amendment.--The table of sections for chapter 69 of
title 18, United States Code, is amended by adding at the end the
following new item:
``1430. Recycling of minors.''.
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