[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1843 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1843

 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

                              June 7, 2023

 Mrs. Blackburn (for herself, Mr. Hagerty, Mr. Tillis, Mr. Hoeven, Mr. 
Cassidy, Mrs. Hyde-Smith, Mr. Cruz, Mr. Lee, Mr. Daines, Mr. Vance, 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.

    Chapter 2 of title II of the Immigration and Nationality Act (8 
U.S.C. 1181 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) 1 or more documents that prove that such 
                alien is a relative or guardian of such minor; and
                    ``(B) a witness that testifies that such alien is a 
                relative or guardian of such minor; or
            ``(2) a DNA test administered by the Secretary of Health 
        and Human Services proves that such alien is a relative of such 
        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 if the Secretary of Homeland Security 
is unable to determine, based on the evidence presented in accordance 
with subsection (b)(1), that an adult alien is a relative or guardian 
of the minor accompanying such alien.
    ``(d) Denial of Consent.--
            ``(1) Alien.--An alien described in subsection (a) is 
        inadmissible if--
                    ``(A) the Secretary of Homeland Security determines 
                that such 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.--If the results of a DNA test administered 
pursuant to subsection (c) fail to prove that an alien described in 
subsection (a) is a relative of a minor accompanying such alien, an 
immigration officer shall conduct such interviews as may be necessary 
to determine whether such alien is a relative or guardian of such 
minor.
    ``(f) Arrest.--An immigration officer may, pursuant to section 287, 
arrest an alien described in subsection (a) if the immigration 
officer--
            ``(1) determines, after conducting interviews pursuant to 
        subsection (e), that such alien is not related to the minor 
        accompanying the alien; and
            ``(2) has reason to believe that such alien is guilty of a 
        felony offense, including the offenses of human trafficking, 
        recycling of a minor, or 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 that a 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 such 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.--Any person 18 years of age or older who 
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:

``1430. Recycling of minors.''.
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