S. 52 — End Child Trafficking Now Act

This section establishes new familial relationship documentary requirements under section 211A of the Immigration and Nationality Act, generally prohibiting the admission of an alien who has attained 18 years of age with a minor unless the adult presents (1) documents proving relative or guardian status plus a witness attesting to the relationship, or (2) a DNA test administered by the Secretary of Health and Human Services (HHS) upon request by the Secretary of Homeland Security (DHS) when documentary evidence is insufficient. An adult who provides insufficient documentary proof and refuses a DNA test is inadmissible, with the accompanying minor 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)), for whom the Director of the Office of Refugee Resettlement in HHS is responsible for care, placement, and related functions). If a DNA test fails to prove a relative relationship (defined as consanguinity within the second degree), an immigration officer must conduct interviews to assess relative or guardian status; the adult may be arrested under INA section 287 if determined unrelated and reasonably believed guilty of a felony such as human trafficking, "recycling" (using a minor to enter the United States on more than one occasion), or alien smuggling.

This section establishes a new offense in 18 U.S.C. Chapter 69 (Nationality and Citizenship) for any person 18 years of age or older who knowingly uses a minor, to whom the person is not a relative or guardian, for the purpose of entering the United States. A violation is punishable by a fine under title 18, imprisonment for not more than 10 years, or both. The term “relative” means an individual related by consanguinity within the second degree, as determined by common law.