The "End Child Trafficking Now Act" requires adults entering the U.S. with a minor to prove their familial relationship through documentation or DNA testing, and criminalizes the act of "recycling" minors for illegal entry.
Marsha Blackburn
Senator
TN
The "End Child Trafficking Now Act" aims to prevent child trafficking by requiring adults entering the U.S. with a minor to prove their familial relationship through documentation or DNA testing. Refusal to take a DNA test after providing insufficient evidence results in inadmissibility, and the child will be treated as an unaccompanied alien. The act also criminalizes the act of "recycling" minors, which is defined as adults using the same minor more than once to enter the United States.
New Border Bill Mandates DNA Tests for Adults with Kids, Criminalizes 'Recycling' of Minors
The "End Child Trafficking Now Act" aims to, well, end child trafficking at the border. It does this by requiring DNA testing to prove family ties between adults and minors entering the U.S., and it makes 'recycling' minors a federal crime. Here's the breakdown:
DNA Verification
The core of this bill is about making sure adults entering the country with kids are actually related to them. Section 2 of the bill amends the Immigration and Nationality Act, adding section 211A. Now, if you're an adult (18+) coming into the U.S. with a minor, you must prove you're related. Think parent, grandparent, sibling, aunt, or uncle – relationships within the 'second degree,' according to common law. No proof? You'll be asked for a DNA test, courtesy of Health and Human Services (HHS). Refuse the test, and you're not getting in. Your kid? They're now considered an 'unaccompanied alien child.'
Imagine a grandmother from Guatemala traveling with her grandson. She has his birth certificate and photos, but the immigration officer isn't convinced. Under this law, she has to take a DNA test. No test, no entry – and her grandson could be separated from her. It is important to note that this could impact families with more distant, yet still legitimate relationships.
Criminalizing 'Recycling'
Section 3 tackles what the bill calls 'recycling' – basically, using the same kid multiple times to help unrelated adults get into the country. This is now a federal crime, punishable by up to 10 years in prison and a hefty fine. The bill adds a new section (1430) to Chapter 69 of Title 18 of the United States Code, specifically targeting this practice.
For example, if someone is caught using a child who isn't theirs to cross the border, even once, they're facing serious jail time. The law is trying to crack down on a specific (and awful) form of exploitation, but there are questions about how easy it will be to prove 'recycling' in court. Could this lead to wrongful accusations?
Increased Power for Immigration Officers
This bill gives immigration officers a lot more power. They can demand DNA tests, conduct interviews, and even arrest adults they suspect of human trafficking or alien smuggling (Section 2). If the DNA test doesn't prove a relationship, officers can start asking questions. If those interviews raise red flags, they can make an arrest on the spot.
This is a big deal. It means more authority in the hands of individual officers, which could lead to tough situations. While the goal is to protect kids, there's a real risk of profiling or misinterpreting situations, especially given the high-pressure environment at the border.
The Big Picture
This bill is a mixed bag. On one hand, it's clearly trying to protect vulnerable kids from trafficking. Nobody wants to see children exploited. But the mandatory DNA testing raises serious privacy concerns. Plus, the increased power for immigration officers and the narrow definition of 'relative' could create problems for legitimate families and asylum seekers. It's a classic case of a law with good intentions that could have some serious, unintended consequences.