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S. 2420 (116th): End Child Trafficking Now Act


The text of the bill below is as of Aug 1, 2019 (Introduced). The bill was not enacted into law.


II

116th CONGRESS

1st Session

S. 2420

IN THE SENATE OF THE UNITED STATES

August 1, 2019

(for herself 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.

1.

Short title

This Act may be cited as the End Child Trafficking Now Act.

2.

DNA Testing

The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after section 211 the following:

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 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 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 (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 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.

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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:

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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