II
119THCONGRESS
1
STSESSION S. 52
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.
IN THE SENATE OF THE UNITED STATES
JANUARY9, 2025
Mrs. B
LACKBURN(for herself, Mr. CASSIDY, Mr. CRUZ, Mr. DAINES, Ms.
E
RNST, Mr. HAGERTY, Mr. HOEVEN, Mrs. HYDE-SMITH, Mr. LEE, Mr.
R
ICKETTS, and Mr. TILLIS) 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.
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
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SEC. 2. DNA TESTING. 1
(a) I
NGENERAL.—Chapter 2 of title II of the Immi-2
gration and Nationality Act (8 U.S.C. 1181 et seq.) is 3
amended by inserting after section 211 the following: 4
‘‘SEC. 211A. FAMILIAL RELATIONSHIP DOCUMENTARY RE-5
QUIREMENTS. 6
‘‘(a) I
NGENERAL.—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) E
XCEPTIONS.—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 an appropriate offi-13
cial of the Department of 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 that proves such 21
alien is a relative of such minor. 22
‘‘(c) A
DMINISTRATION 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
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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) D
ENIAL OFCONSENT.— 5
‘‘(1) A
LIEN.—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) M
INOR.—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 T
ESTRESULTS.—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
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‘‘(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) D
EFINITIONS.—In this section— 11
‘‘(1) M
INOR.—The term ‘minor’ means an alien 12
who has not attained 18 years of age. 13
‘‘(2) R
ECYCLING.—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) R
ELATIVE.—The term ‘relative’ means an 19
individual related by consanguinity within the second 20
degree, as determined by common law.’’. 21
(b) C
LERICALAMENDMENT.—The table of contents 22
for the Immigration and Nationality Act (8 U.S.C. 1101 23
note) is amended by inserting after the item relating to 24
section 211 the following: 25
‘‘Sec. 211A. Familial relationship documentary requirements.’’.
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SEC. 3. CRIMINALIZING RECYCLING OF MINORS. 1
(a) I
NGENERAL.—Chapter 69 of title 18, United 2
States Code, is amended by adding at the end the fol-3
lowing: 4
‘‘§ 1430. Recycling of minors 5
‘‘(a) I
NGENERAL.—Any person 18 years of age or 6
older who knowingly uses, for the purpose of entering the 7
United States, a minor to whom the individual is not a 8
relative or guardian, shall be fined under this title, impris-9
oned not more than 10 years, or both. 10
‘‘(b) R
ELATIVE.—In this section, the term ‘relative’ 11
means an individual related by consanguinity within the 12
second degree, as determined by common law.’’. 13
(b) C
LERICALAMENDMENT.—The chapter analysis 14
for chapter 69 of title 18, United States Code, is amended 15
by adding at the end the following: 16
‘‘1430. Recycling of minors.’’.
Æ
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