Migrant Child Trafficking Prevention and Accountability Act of 2021
Bill: H.R.4562 | Sponsor: Rep. Gooden, Lance (R-TX)
Policy area: Immigration

Summary:
Migrant Child Trafficking Prevention and Accountability Act of 2021
This bill imposes sanctions on an alien parent (or guardian) of an unaccompanied alien child who arrives at any U.S. border or port of entry.
Under current law, an alien may arrive in the United States (whether or not at a port of entry) and request asylum, subject to certain restrictions.
If the parent is not a lawful permanent resident, that parent shall be permanently barred from adjusting immigration status and deemed inadmissible into the United States. In addition, such a parent shall be deemed to have violated certain crimes related to assisting or abetting an alien's attempt to enter into the United States in violation of immigration laws, even if the parent's actions would fall under an exception for a first offense in assisting or abetting certain family members.
If the parent is a lawful permanent resident, that parent shall be ineligible for any federal public benefit.

To sanction the parents and guardians of unaccompanied alien minors, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Migrant Child Trafficking Prevention 
and Accountability Act of 2021''.

SEC. 2. SANCTIONS.

    Section 235 of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 is amended by adding at the end 
the following:
    ``(j) Sanctions.--In the case of an unaccompanied alien child who 
arrives at the arrived at any international border of, port of entry 
to, or place between any ports of entry to. the United States:
            ``(1) Alien parents.--Any parent or guardian of the 
        unaccompanied alien child, if that parent or guardian is an 
        alien not described in paragraph (2), shall be--
                    ``(A) permanently barred from adjusting immigration 
                status;
                    ``(B) deemed to be inadmissible for purposes of 
                section 212(a)(4) of the Immigration and Nationality 
                Act; and
                    ``(C) deemed, for purposes of the immigration laws, 
                to have committed an offense described in section 
                101(a)(43)(N) of the Immigration and Nationality Act 
                (except that for purposes of this paragraph, the 
                limitation regarding a first offense for which the 
                alien has affirmatively shown that the alien committed 
                the offense for the purpose of assisting, abetting, or 
                aiding only the alien's spouse, child, or parent (and 
                no other individual) shall not apply).
            ``(2) LPR parents.--Any parent or guardian of the 
        unaccompanied alien child, if that parent or guardian is a 
        lawful permanent resident, shall be ineligible for any Federal 
        public benefit (as such term is defined in section 401(c) of 
        the Personal Responsibility and Work Opportunity Reconciliation 
        Act of 1996).''.
                                 <all>