I 

116TH CONGRESS 

1ST SESSION H. R. 3864 

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 HOUSE OF REPRESENTATIVES 

JULY 19, 2019 

Mr. GOODEN introduced the following bill; which was 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 Section 211 of the Immigration and Nationality Act 

3 (8 U.S.C. 1181) is amended by adding at the end 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 documents to prove that the 

15 alien is a relative or guardian of the minor; 

16 ‘‘(2) the alien presents to the Secretary of 

17 Homeland Security a witness to testify that the alien 

18 is a relative or guardian of the minor; or 

19 ‘‘(3) a DNA test administered by the Secretary 

20 of Health and Human Services proves that the alien 

21 is a relative of the minor. 

22 ‘‘(c) ADMINISTRATION OF DNA TEST.—The Sec23 retary of Homeland Security shall request, and the Sec24 retary of Health and Human Services shall administer, a 

25 DNA test only in the case that the Secretary of Homeland 

26 Security is unable to determine, based on the evidence preVerDate Sep 11 2014 00:29 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3864.IH H3864

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1 sented under paragraphs (1) and (2) of subsection (b), 

2 that the alien is a relative or guardian of the minor accom3 panying the alien. 

4 ‘‘(d) DENIAL OF CONSENT.— 

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

6 (a) is inadmissible if— 

7 ‘‘(A) the Secretary of Homeland Security 

8 determines that the alien has presented insuffi9 cient evidence under paragraphs (1) and (2) of 

10 subsection (b) to prove that the alien is a rel11 ative 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 the case that the re20 sults of the DNA test fail to prove that the alien described 

21 in subsection (a) is a relative of a minor accompanying 

22 the alien, an immigration officer shall conduct interviews 

23 as necessary to determine whether the alien is a relative 

24 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 (d), 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 offense of 

9 human trafficking, recycling of a minor, and alien 

10 smuggling. 

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

12 ‘‘(1) the term ‘minor’ means an alien who has 

13 not attained 18 years of age; 

14 ‘‘(2) the term ‘recycling’ means, with respect to 

15 a minor, that the minor is being used to enter the 

16 United States on more than 1 occasion, by an alien 

17 who has attained 18 years of age and is neither the 

18 relative nor the guardian of the minor; and 

19 ‘‘(3) the term ‘relative’ means an individual re20 lated by consanguinity within the second degree as 

21 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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