S. 52

119th CONGRESS 1st Session

To amend the Immigration and Nationality Act to require a DNA test to determine the familial relationship between an alien and an accompanying minor.

IN THE SENATE OF THE UNITED STATES · January 9, 2025 · Sponsor: Mrs. Blackburn · Committee: Committee on the Judiciary

Table of contents

• S. 52
  • Sec. 211A. Familial relationship documentary requirements.

Sec. 211A. Familial relationship documentary requirements.

• (a) In general
  • Except as provided in subsection (b), an alien who has attained 18 years of age may not be admitted into the United States with a minor.
• (b) Exceptions
  • An alien described in subsection (a) may be admitted into the United States with a minor if—
    • the alien presents to an appropriate official of the Department of Homeland Security—
      • 1 or more documents that prove that such alien is a relative or guardian of such minor; and
      • a witness that testifies that such alien is a relative or guardian of such minor; or
    • a DNA test administered by the Secretary of Health and Human Services that proves such alien is a relative of such minor.
• (c) Administration of DNA test
  • The Secretary of Homeland Security shall request, and the Secretary of Health and Human Services shall administer, a DNA test only if the Secretary of Homeland Security is unable to determine, based on the evidence presented in accordance with subsection (b)(1), that an adult alien is a relative or guardian of the minor accompanying such alien.
• (d) Denial of consent
  • (1) Alien
    • An alien described in subsection (a) is inadmissible if—
      • the Secretary of Homeland Security determines that such alien has presented insufficient evidence under subsection (b)(1) to prove that the alien is a relative of the minor; and
      • the alien refuses to consent to a DNA test.
  • (2) Minor
    • A minor accompanying an alien who is inadmissible under paragraph (1) shall be treated as an unaccompanied alien child (as defined in section 462(g) of the Homeland Security Act of 2002 ()). 6 U.S.C. 279(g)
• (e) DNA test results
  • If the results of a DNA test administered pursuant to subsection (c) fail to prove that an alien described in subsection (a) is a relative of a minor accompanying such alien, an immigration officer shall conduct such interviews as may be necessary to determine whether such alien is a relative or guardian of such minor.
• (f) Arrest
  • An immigration officer may, pursuant to section 287, arrest an alien described in subsection (a) if the immigration officer—
    • determines, after conducting interviews pursuant to subsection (e), that such alien is not related to the minor accompanying the alien; and
    • has reason to believe that such alien is guilty of a felony offense, including the offenses of human trafficking, recycling of a minor, or alien smuggling.
• (g) Definitions
  • In this section—
    • The term minor means an alien who has not attained 18 years of age.
    • The term recycling means that a minor is being used to enter the United States on more than 1 occasion by an alien who has attained 18 years of age and is not the relative or the guardian of such minor;
    • The term relative means an individual related by consanguinity within the second degree, as determined by common law.