This measure would change immigration rules to require proof that an adult is a child’s relative or guardian before the adult may be admitted while accompanied by that minor. It adds a new section to the Immigration and Nationality Act that generally bars adults (age 18 or older) from being admitted with a minor unless they provide documents and a witness or, if officials cannot verify the relationship from those items, submit to a DNA test administered by the Department of Health and Human Services at the request of the Department of Homeland Security. If an adult refuses a DNA test after officials find the documentary evidence insufficient, the adult is inadmissible and the child is treated as an unaccompanied child. If DNA results do not show a family relationship, officials will conduct interviews and may arrest the adult if they determine the adult is not related and have reason to suspect a felony such as human trafficking, "recycling" of a minor, or alien smuggling. The measure defines "recycling" as using a minor to enter the country more than once when the adult is not the minor’s relative or guardian, and defines "relative" as a person related within the second degree of consanguinity.
The measure also adds a new criminal offense to Title 18 called "Recycling of minors." Under that offense, any person age 18 or older who knowingly uses a minor who is not a relative or guardian to enter the country may be fined, imprisoned for up to 10 years, or both. The new criminal provision uses the same definition of relative.
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The title and text show sponsors aim to verify family relationships, deter use of unrelated children to gain entry, and create a criminal penalty for "recycling" minors to reduce child trafficking.
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