[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Page S722]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1536. Mrs. BLACKBURN submitted an amendment intended to be
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend
title 38, United States Code, to make certain improvements relating to
the eligibility of veterans to receive reimbursement for emergency
treatment furnished through the Veterans Community Care program, and
for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. ENDING CHILD TRAFFICKING.
(a) DNA Testing.--
(1) In general.--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.''.
(2) Clerical amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 211
the following:
``Sec. 211A. Familial relationship documentary requirements.''.
(b) Criminalizing Recycling of Minors.--
(1) 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 gaining entry into 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.''.
(2) 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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