Sponsors (12)
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Requires U.S. Customs and Border Protection to collect fingerprints from noncitizen children under age 14 when officers suspect the child is a human trafficking victim, and to share those fingerprints with HHS on request when custody is transferred. Creates a new federal crime for an adult (18+) who knowingly uses a non‑relative minor to gain entry into the United States (punishable by up to 10 years imprisonment and/or a fine). Also mandates an annual report to Congress on the number of minors fingerprinted and monthly public counts of apprehensions where someone lied about being a child’s close relative.
The Secretary of Homeland Security, acting through U.S. Customs and Border Protection, shall obtain a set of fingerprints from any alien younger than 14 years of age who is entering the United States if a CBP officer suspects that the child is a victim of human trafficking, in accordance with standards established under the Trafficking Victims Protection Act of 2000.
Creates a criminal prohibition: any person 18 years of age or older who knowingly uses a minor (who is not the individual’s relative or guardian) to gain entry into the United States commits an offense and is subject to penalty.
Specifies penalties for the offense: the offender shall be fined under Title 18, imprisoned for not more than 10 years, or both.
Defines the term “relative” for this section as an individual related by consanguinity within the second degree, as determined by common law.
Makes a clerical amendment to the table of sections for Title 18 by adding the new section at the end (chapter 69).
Primary impacts fall on noncitizen children encountered at the border (especially unaccompanied minors and those suspected of trafficking), DHS/CBP operational staff who must collect and manage fingerprints, and HHS staff who may request access to those fingerprints when children move into HHS custody. The new criminal offense targets adults who use non‑related minors to gain entry, exposing them to felony penalties and potentially deterring attempts to smuggle or exploit children for entry. Agencies will need to adopt or update procedures and training for identifying trafficking, obtaining fingerprints in a child‑sensitive manner, retaining and sharing biometric data consistent with privacy and victim‑protection rules, and ensuring integrity of public reporting. Potential secondary effects include increased administrative burden on CBP (fingerprinting, data management, public reporting), privacy and civil‑liberties concerns over biometric collection of children, and possible chilling effects on caregivers or helpers who are not legal relatives but provide care. The criminal provision could complicate cases where family relationships are unclear, and the legal definition of “relative” may exclude some caregivers, affecting prosecutions and enforcement decisions.
Replaces subsection (c) of 8 U.S.C. 1302. The new subsection (c) requires the Secretary of Homeland Security, through U.S. Customs and Border Protection, to obtain fingerprints from any alien under 14 entering the United States if a CBP officer suspects the child is a victim of human trafficking, in accordance with standards under the Trafficking Victims Protection Act.
Adds a new section 1430 to title 18 creating the offense 'Recycling of minors' making it unlawful for any person 18 years of age or older to knowingly use a minor who is not a relative or guardian for the purpose of gaining entry into the United States, punishable by a fine under title 18, imprisonment of not more than 10 years, or both.
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Read twice and referred to the Committee on the Judiciary.
Introduced January 9, 2025 by Marsha Blackburn · Last progress January 9, 2025
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate