In an effort to combat human trafficking at the border, Representative Lance Gooden, a Texas Republican, has introduced new legislation that would require DNA testing to establish a parent-child relationship between an undocumented immigrant and a child. The bill, known as the “End Child Trafficking Now Act,” stipulates that if an individual cannot provide proper documentation or a credible witness to prove their familial connection to a child, a DNA test must be administered by either the Department of Homeland Security or the Department of Health and Human Services.
Representative Gooden emphasized the importance of protecting every child, particularly those who are most vulnerable. Exploitation of minors by human traffickers is a deeply concerning consequence of the ongoing border issue, and this legislation aims to prevent cartel members from using children as a means to gain unlawful entry.
The proposed legislation comes in response to the alarming discovery of 81,474 unaccompanied or single minors at the southern border during the current fiscal year. Under the Trump administration, DNA testing was conducted by ICE agents at the southern border; however, these initiatives were discontinued upon President Biden assuming office.
In response to a staggering 193 percent increase in human trafficking victims during the 2020-2021 fiscal year, lawmakers and border officials have implemented new anti-trafficking measures. Republican Senator Marsha Blackburn from Tennessee, who initially proposed the Act in August 2019, will reintroduce the legislation in the Senate. Blackburn’s version of the bill includes provisions to criminalize “child recycling,” where an adult repeatedly uses a child to gain access, with penalties of up to 10 years in prison.
Blackburn stressed the importance of DNA testing conducted by U.S. Customs and Border Protection (CBP), highlighting how migrants attempting illegal entry often exploit children as a means to appear as parents or guardians.
Former acting attorney general Matt Whitaker spoke in support of DNA testing, stating that it is a vital tool in preventing human trafficking and ensuring that children are not used as pawns to circumvent immediate removal of adults attempting unlawful entry.
Whitaker also noted the challenges posed by the Flores Settlement, which mandates that DHS and HHS collaborate to provide care for migrant children, including access to essential needs such as food, shelter, and medical care in emergencies. The settlement also aims to release children from detention within a month, after which they are either placed with sponsors or moved to adult facilities. Whitaker expressed the difficulty in developing a rational policy due to the constraints imposed by the Flores decision, which starts the clock when a minor is encountered.
Furthermore, the Office of Refugee Resettlement (ORR) under HHS has faced criticism for its lack of follow-up on released migrant children, resulting in many being trafficked or forced into dangerous work.
Investigations conducted by the New York Times in April revealed instances of migrant minors working in violation of child labor laws, including overnight shifts in slaughterhouses and operating machinery in factories. The Biden administration has faced criticism for allegedly disregarding or missing warnings regarding these issues.
To address the problem of human trafficking, the White House approved $14 million in December 2016 to fund the Department of Homeland Security’s Center for Countering Human Trafficking (CCHT), which aims to combat this heinous crime.