Sponsors (11)
The bill strengthens federal ability to deter and prosecute adults who exploit minors at the border, but does so at the cost of increased DNA collection, privacy and civil‑liberties risks, potential family separations and expanded prosecutions/detention that could disproportionately harm immigrant families.
Children and migrants are better protected because the bill creates a federal offense and strengthens detection of adults who exploit minors to facilitate illegal crossings, increasing deterrence of trafficking and recycling of children.
Federal prosecutors and law enforcement gain a clearer statutory tool to charge and deter adults who coerce or use minors in smuggling schemes, improving the ability to pursue and prosecute such cases.
Adults who can produce documentary evidence and a witness can be admitted without undergoing government-administered DNA testing, reducing unnecessary intrusive testing in straightforward cases.
Children and families face a high risk of separation because adults who lack documents or refuse/are unable to obtain DNA tests may be declared inadmissible and children routed into unaccompanied‑child processing or foster/shelter-style care.
Parents, caregivers, or guardians could face severe criminal penalties (up to 10 years) even in complex family or guardian arrangements that fall outside narrow statutory definitions, risking harsh punishment of non‑criminal family conduct.
Mandatory government-administered DNA testing raises intrusive privacy and civil‑liberties concerns for both adults and children subjected to testing.
Based on analysis of 3 sections of legislative text.
Introduced January 9, 2025 by Marsha Blackburn · Last progress January 9, 2025
Requires adults (18+) who seek admission to the United States while accompanied by a minor to prove they are a relative or legal guardian either with documents and a witness or by DNA testing administered through HHS. Creates a new federal criminal offense for anyone 18+ who knowingly uses a minor who is not their relative or guardian to enter the U.S., punishable by fine and/or up to 10 years imprisonment.