S1843-118

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

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: 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. An alien described in subsection (a) may be admitted into the United States with a minor if— the alien presents to the Secretary of Homeland Security— 1 or more documents that prove that such alien is a relative or guardian of such minor; and a witness that testifies that such alien is a relative or guardian of such minor; or a DNA test administered by the Secretary of Health and Human Services proves that such alien is a relative of such minor. 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. An alien described in subsection (a) is inadmissible if— 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 the alien refuses to consent to a DNA test. 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))). 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. An immigration officer may, pursuant to section 287, arrest an alien described in subsection (a) if the immigration officer— determines, after conducting interviews pursuant to subsection (e), that such alien is not related to the minor accompanying the alien; and 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. In this section— The term minor means an alien who has not attained 18 years of age. 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; The term relative means an individual related by consanguinity within the second degree, as determined by common law. 211A.Familial relationship documentary requirements(a)In generalExcept 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)ExceptionsAn 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 testThe 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)AlienAn 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)MinorA 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 resultsIf 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)ArrestAn 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)DefinitionsIn this section—(1)MinorThe term minor means an alien who has not attained 18 years of age.(2)RecyclingThe 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)RelativeThe term relative means an individual related by consanguinity within the second degree, as determined by common law..

211A. Familial relationship documentary requirements 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. An alien described in subsection (a) may be admitted into the United States with a minor if— the alien presents to the Secretary of Homeland Security— 1 or more documents that prove that such alien is a relative or guardian of such minor; and a witness that testifies that such alien is a relative or guardian of such minor; or a DNA test administered by the Secretary of Health and Human Services proves that such alien is a relative of such minor. 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. An alien described in subsection (a) is inadmissible if— 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 the alien refuses to consent to a DNA test. 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))). 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. An immigration officer may, pursuant to section 287, arrest an alien described in subsection (a) if the immigration officer— determines, after conducting interviews pursuant to subsection (e), that such alien is not related to the minor accompanying the alien; and 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. In this section— The term minor means an alien who has not attained 18 years of age. 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; The term relative means an individual related by consanguinity within the second degree, as determined by common law.

3. Criminalizing recycling of minors Chapter 69 of title 18, United States Code, is amended by adding at the end the following: 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. In this section, the term relative means an individual related by consanguinity within the second degree, as determined by common law. 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(a)In generalAny 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)RelativeIn this section, the term relative means an individual related by consanguinity within the second degree, as determined by common law.. 1430. Recycling of minors..

1430. Recycling of minors 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. In this section, the term relative means an individual related by consanguinity within the second degree, as determined by common law.