[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 903 Introduced in Senate (IS)]

<DOC>






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 
              accompanying 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 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 subsection (b)(1), 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 (e), 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.''.
                                 <all>