II 

117TH CONGRESS 

1ST SESSION S. 903 

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 

MARCH 23, 2021 

Mrs. BLACKBURN (for herself, Mr. TILLIS, 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘End Child Trafficking 

5 Now Act’’. 


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1 SEC. 2. DNA TESTING. 

2 The Immigration and Nationality Act (8 U.S.C. 1101 

3 et seq.) is amended by inserting after section 211 the fol4 lowing: 

5 ‘‘SEC. 211A. FAMILIAL RELATIONSHIP DOCUMENTARY RE6 QUIREMENTS. 

7 ‘‘(a) IN GENERAL.—Except as provided in subsection 

8 (b), an alien who has attained 18 years of age may not 

9 be admitted into the United States with a minor. 

10 ‘‘(b) EXCEPTIONS.—An alien described in subsection 

11 (a) may be admitted into the United States with a minor 

12 if— 

13 ‘‘(1) the alien presents to the Secretary of 

14 Homeland Security— 

15 ‘‘(A) one or more documents that prove 

16 that the alien is a relative or guardian of the 

17 minor; and 

18 ‘‘(B) a witness that testifies that the alien 

19 is a relative or guardian of the minor; or 

20 ‘‘(2) a DNA test administered by the Secretary 

21 of Health and Human Services proves that the alien 

22 is a relative of the minor. 

23 ‘‘(c) ADMINISTRATION OF DNA TEST.—The Sec24 retary of Homeland Security shall request, and the Sec25 retary of Health and Human Services shall administer, a 

26 DNA test only in a case in which the Secretary of HomeVerDate Sep 11 2014 01:02 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S903.IS S903

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1 land Security is unable to determine, based on the evi2 dence presented under subsection (b)(1), that the alien is 

3 a relative or guardian of the minor accompanying the 

4 alien. 

5 ‘‘(d) DENIAL OF CONSENT.— 

6 ‘‘(1) ALIEN.—An alien described in subsection 

7 (a) is inadmissible if— 

8 ‘‘(A) the Secretary of Homeland Security 

9 determines that the alien has presented insuffi10 cient evidence under subsection (b)(1) to prove 

11 that the alien is a relative of the minor; and 

12 ‘‘(B) the alien refuses to consent to a DNA 

13 test. 

14 ‘‘(2) MINOR.—A minor accompanying an alien 

15 who is inadmissible under paragraph (1) shall be 

16 treated as an unaccompanied alien child (as defined 

17 in section 462(g) of the Homeland Security Act of 

18 2002 (6 U.S.C. 279(g))). 

19 ‘‘(e) DNA TEST RESULTS.—In a case in which the 

20 results of the DNA test fail to prove that the alien de21 scribed in subsection (a) is a relative of a minor accom22 panying the alien, an immigration officer shall conduct 

23 interviews as necessary to determine whether the alien is 

24 a relative or guardian of the minor. 


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1 ‘‘(f) ARREST.—An immigration officer may arrest, 

2 pursuant to section 287, an alien described in subsection 

3 (a) if the immigration officer— 

4 ‘‘(1) determines, after conducting interviews 

5 pursuant to subsection (e), that the alien is not re6 lated to the minor accompanying the alien; and 

7 ‘‘(2) has reason to believe that the alien is 

8 guilty of a felony offense, including the offenses of 

9 human trafficking, recycling of a minor, and alien 

10 smuggling. 

11 ‘‘(g) DEFINITIONS.—In this section— 

12 ‘‘(1) MINOR.—The term ‘minor’ means an alien 

13 who has not attained 18 years of age. 

14 ‘‘(2) RECYCLING.—The term ‘recycling’ means, 

15 with respect to a minor, that the minor is being used 

16 to enter the United States on more than 1 occasion, 

17 by an alien who has attained 18 years of age and 

18 is not the relative or the guardian of the minor; 

19 ‘‘(3) RELATIVE.—The term ‘relative’ means an 

20 individual related by consanguinity within the second 

21 degree, as determined by common law.’’. 

22 SEC. 3. CRIMINALIZING RECYCLING OF MINORS. 

23 (a) IN GENERAL.—Chapter 69 of title 18, United 

24 States Code, is amended by adding at the end the fol25 lowing: 


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1 ‘‘§ 1430. Recycling of minors 

2 ‘‘(a) IN GENERAL.—Whoever, being 18 years of age 

3 or over, knowingly uses, for the purpose of entering the 

4 United States, a minor to whom the individual is not a 

5 relative or guardian, shall be fined under this title, impris6 oned not more than 10 years, or both. 

7 ‘‘(b) RELATIVE.—In this section, the term ‘relative’ 

8 means an individual related by consanguinity within the 

9 second degree as determined by common law.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections 

11 for chapter 69 of title 18, United States Code, is amended 

12 by adding at the end the following new item: 

‘‘1430. Recycling of minors.’’. 

Æ 


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