-9999

Floor Speech

Under current law, as written, DHS and the State Department already have the necessary authority to collect DNA when there is any question about the familial relationship between a noncitizen and a minor child traveling with them.

At the southwest border, the Department of Homeland Security currently conducts DNA testing when there is any question about the validity of the parent-child relationship, and additional scrutiny is placed on individuals who are not related to the child to ensure that a child is not being trafficked.

Due to what I assume is a drafting error in this proposal before us, I have to note that this bill will not even apply to families seeking asylum at the border. As it is currently written, this bill only applies to someone who is ``admitted'' to the United States, but under our immigration laws, asylum seekers at the border ``enter'' the United States but are not usually ``admitted.'' There is a big distinction here. That means that this bill would apply to any noncitizen family coming to the United States through our legal immigration system but not families crossing the border to claim asylum--exactly the opposite of what the Senator says she wanted to achieve.

The family relationships of those who are coming to our country through the legal immigration system are usually validated by multiple agencies before applicants are issued a visa. For example, assume that a family from Mexico wanted to come to Disney World in Florida and applied for visitors visas for that purpose for themselves and their children. They would need to prove at the airport, under this bill, that they are the relatives or guardian of the children or submit to a DNA test. Is that what we are going to expend our energy on? If the family refuses, the adults may be arrested. The children would be treated as unaccompanied children and placed in custody. Is that what we want to achieve?

This bill would require every such family to prove their relationship with their children at the airport or other ports of entry. The burdensome requirements in this bill could bring our system for processing lawful travelers to a halt and deter legitimate trade and tourism in the United States.

As the Senator from Tennessee knows, protecting kids has been one of our top priorities in the Judiciary Committee. Last year, we held two hearings on the safety and well-being of children seeking refuge in the United States. We heard from child trafficking experts and government witnesses. Following up on these hearings, the committee is in the midst of ongoing investigation into the issue.

We all agree that no child should be abused, exploited, or trafficked, whether the President is a Republican or a Democrat.

I vigorously opposed the Trump administration's inhumane family- separation policy, and I have demanded that the Biden administration do more to protect migrant children.

It is easy to criticize the executive branch, but let's take a look at the reality of the situation. We need to look in the mirror. It has been decades--over 30 years--since Congress passed meaningful immigration legislation. In less than an hour, at 2 o'clock, every Senate Republican and Democrat will have a chance to make history, to start us on a bipartisan conversation for a better immigration system.

Instead of lobbing pro-partisan attacks, let's come together across the aisle to fix the broken immigration system. We should provide funding for enforcement against child labor violations and ensure child migrants have the services they deserve.

I have introduced legislation to improve sponsor vetting and placement, help children navigate our legal system, and better protect minors in government custody. I welcome my colleagues from either side of the aisle to join me. I would be more than happy to sit down with any of my colleagues to discuss solutions that would prevent child trafficking. Sadly, this bill does not accomplish that goal at all.

BREAK IN TRANSCRIPT

Source