State Representative Terri Leo Wilson (R-Galveston) proposed House Bill 256 on On Tuesday which would provide the Texas Department of Public Safety the right to test the DNA of migrants illegally crossing into Texas from Mexico.
The proposed legislation requires the Department of Public Safety to work with the United States Department of Homeland Security to target specific groups of foreign nationals suspected of giving misleading information about their familial connections.
If enacted, the legislation will go into effect on September 1, 2025. During a border visit last year, United States Senator Ted Cruz underlined the importance of DNA testing in combating child trafficking and eliminating family fraud.
Family fraud involves unlawful foreign adults who frequently use children as a ruse to enter the United States, obtain an immigration court date, and then fail to appear. “You grab a child, and that is your U.S. passport,” stated then-Acting Commissioner of US Customs and Border Protection.
The United States granted legal citizenship to several migrants with children upon their arrival.
“During the Trump administration, they had a policy that they were DNA testing, in particular, adult men who would present young children and claim to be their fathers.” This was a persistent problem,” Cruz said at the time. “And they’d DNA test them and north of 30 percent of them had no match. They were not their fathers.”
Family Unit Fraud
The mass “family unit fraud” has increased significantly since the spring of 2018. To combat this troubling trend, Homeland Security Investigations (HSI) dispatched a team of 130 professionals to the Southwest border.
Special agents, criminal analysts, forensic interview specialists, document examiners, and victim support professionals made up this specialized team. Their goals were twofold: to handle the flood of families, whether legitimate or fraudulent, and to locate and protect innocent children who were vulnerable to exploitation.
Migrants Crossing Mexico Border into Texas with Children Allowed to Stay in U.S.
Border Patrol agents discovered approximately 6,200 incidents involving migrants claiming bogus familial links for the 2019 fiscal year, which spanned from October 1, 2018, to September 30, 2019. This news came against the backdrop of over 473,000 people arriving at the border claiming to be part of a family. These figures have risen dramatically over time.
The increase in migrants embarking on the dangerous journey through Mexico with a child—whether as part of a fabricated family unit or in the company of a biological parent or lawful guardian—can be attributed to one important reason: the perceived leniency extended to previous entrants who crossed the border illegally.
Until recently, Customs and Border Protection (CBP) encountered difficulties in holding most family groups for brief periods before either releasing them within the United States or handing them over to Immigration and Customs Enforcement (ICE).
In 2015, a court order mandated that ICE permit families to enter the United States within 20 days. As a result, these families typically obtained permission to stay in the United States, often indefinitely.
According to the senator, the cartels essentially “rent” children to convey individuals across the border into the United States.
Biden-Harris Administration Terminated Rapid DNA Testing
According to the Center for Immigration Studies (CIS), the Biden administration unexpectedly ended the swift DNA testing program. This was done without explanation. The CIS study revealed that Border Patrol officials had previously devised a method that involved grouping illegal immigrant families into a line for cheek swab collection shortly after apprehending.
The purpose was to compare DNA samples from different family groups. If the exams were successful, the testing process might free families within an hour.
Wilson’s proposed legislation suggests delegating the obligation for completing rapid DNA testing processes to the Texas Department of Public Safety, which could result in significant modifications to current operational procedures.
“I filed HB 256 to require DNA testing for individuals crossing our southern border. This measure is essential to protecting vulnerable children from the horrors of human trafficking,” Leo Wilson told Texas Scorecard.
“Far too often, children are brought across the border by adults claiming to be family members, and without proper safeguards, we risk placing these young lives in danger. With DNA testing, we can verify family relationships and help ensure children are not being exploited. HB 256 is a critical step in our duty to protect innocent lives and strengthen the integrity of our border.”