[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3864 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 3864

 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

                             July 19, 2019

  Mr. Gooden 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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