[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3968 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3968
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 HOUSE OF REPRESENTATIVES
June 9, 2023
Mr. Gooden of Texas (for himself, Mr. Gosar, Mr. Carter of Texas, and
Mr. Babin) 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 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.
Section 211 of the Immigration and Nationality Act (8 U.S.C. 1181)
is amended by adding at the end 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 documents to prove that the alien is a relative or
guardian of the minor;
``(2) the alien presents to the Secretary of Homeland
Security a witness to testify that the alien is a relative or
guardian of the minor; or
``(3) 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 the case that 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 paragraphs (1) and (2) of subsection (b) 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 the case that 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 offense of human trafficking,
recycling of a minor, and alien smuggling.
``(g) Definitions.--In this section--
``(1) the term `minor' means an alien who has not attained
18 years of age;
``(2) 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 neither the relative nor the guardian of the minor; and
``(3) 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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