[Congressional Record Volume 170, Number 69 (Friday, April 19, 2024)]
[House]
[Pages H2533-H2555]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
END THE BORDER CATASTROPHE ACT
Mr. MOORE of Alabama. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 3602) to prohibit the intentional hindering of
immigration, border, and customs controls, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3602
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``End the
Border Catastrophe Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
DIVISION A--BORDER SECURITY
Sec. 101. Definitions.
Sec. 102. Border wall construction.
Sec. 103. Strengthening the requirements for barriers along the
southern border.
Sec. 104. Border and port security technology investment plan.
Sec. 105. Border security technology program management.
Sec. 106. U.S. Customs and Border Protection technology upgrades.
Sec. 107. U.S. Customs and Border Protection personnel.
Sec. 108. Anti-Border Corruption Act reauthorization.
Sec. 109. Establishment of workload staffing models for U.S. Border
Patrol and Air and Marine Operations of CBP.
Sec. 110. Operation Stonegarden.
Sec. 111. Air and Marine Operations flight hours.
Sec. 112. Eradication of carrizo cane and salt cedar.
Sec. 113. Border patrol strategic plan.
Sec. 114. U.S. Customs and Border Protection spiritual readiness.
Sec. 115. Restrictions on funding.
Sec. 116. Collection of DNA and biometric information at the border.
Sec. 117. Eradication of narcotic drugs and formulating effective new
tools to address yearly losses of life; ensuring timely
updates to U.S. Customs and Border Protection field
manuals.
[[Page H2534]]
Sec. 118. Publication by U.S. Customs and Border Protection of
operational statistics.
Sec. 119. Alien criminal background checks.
Sec. 120. Prohibited identification documents at airport security
checkpoints; notification to immigration agencies.
Sec. 121. Prohibition against any COVID-19 vaccine mandate or adverse
action against DHS employees.
Sec. 122. CBP One app limitation.
Sec. 123. Report on Mexican drug cartels.
Sec. 124. GAO study on costs incurred by States to secure the southwest
border.
Sec. 125. Report by Inspector General of the Department of Homeland
Security.
Sec. 126. Offsetting authorizations of appropriations.
Sec. 127. Report to Congress on foreign terrorist organizations.
Sec. 128. Assessment by Inspector General of the Department of Homeland
Security on the mitigation of unmanned aircraft systems
at the southwest border.
DIVISION B--IMMIGRATION ENFORCEMENT AND FOREIGN AFFAIRS
TITLE I--ASYLUM REFORM AND BORDER PROTECTION
Sec. 101. Safe third country.
Sec. 102. Credible fear interviews.
Sec. 103. Clarification of asylum eligibility.
Sec. 104. Exceptions.
Sec. 105. Employment authorization.
Sec. 106. Asylum fees.
Sec. 107. Rules for determining asylum eligibility.
Sec. 108. Firm resettlement.
Sec. 109. Notice concerning frivolous asylum applications.
Sec. 110. Technical amendments.
Sec. 111. Requirement for procedures relating to certain asylum
applications.
TITLE II--BORDER SAFETY AND MIGRANT PROTECTION
Sec. 201. Inspection of applicants for admission.
Sec. 202. Operational detention facilities.
TITLE III--PREVENTING UNCONTROLLED MIGRATION FLOWS IN THE WESTERN
HEMISPHERE
Sec. 301. United States policy regarding Western Hemisphere cooperation
on immigration and asylum.
Sec. 302. Negotiations by Secretary of State.
Sec. 303. Mandatory briefings on United States efforts to address the
border crisis.
TITLE IV--ENSURING UNITED FAMILIES AT THE BORDER
Sec. 401. Clarification of standards for family detention.
TITLE V--PROTECTION OF CHILDREN
Sec. 501. Findings.
Sec. 502. Repatriation of unaccompanied alien children.
Sec. 503. Special immigrant juvenile status for immigrants unable to
reunite with either parent.
Sec. 504. Rule of construction.
TITLE VI--VISA OVERSTAYS PENALTIES
Sec. 601. Expanded penalties for illegal entry or presence.
TITLE VII--IMMIGRATION PAROLE REFORM
Sec. 701. Immigration parole reform.
Sec. 702. Implementation.
Sec. 703. Cause of action.
Sec. 704. Severability.
TITLE VIII--SUPPORTING OUR BORDER STATES
Sec. 801. Border barrier grants.
Sec. 802. Law enforcement reimbursement grants.
Sec. 803. Border Emergency and State Security Fund.
Sec. 804. Definitions.
DIVISION A--BORDER SECURITY
SEC. 101. DEFINITIONS.
In this division:
(1) CBP.--The term ``CBP'' means U.S. Customs and Border
Protection.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Operational control.--The term ``operational control''
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) Situational awareness.--The term ``situational
awareness'' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
(7) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given such term in section 44801 of
title 49, United States Code.
SEC. 102. BORDER WALL CONSTRUCTION.
(a) In General.--
(1) Immediate resumption of border wall construction.--Not
later than seven days after the date of the enactment of this
Act, the Secretary shall resume all activities related to the
construction of the border wall along the border between the
United States and Mexico that were underway or being planned
for prior to January 20, 2021.
(2) Use of funds.--To carry out this section, the Secretary
shall expend all unexpired funds appropriated or explicitly
obligated for the construction of the border wall that were
appropriated or obligated, as the case may be, for use
beginning on October 1, 2019.
(3) Use of materials.--Any unused materials purchased
before the date of the enactment of this Act for construction
of the border wall may be used for activities related to the
construction of the border wall in accordance with paragraph
(1).
(b) Plan To Complete Tactical Infrastructure and
Technology.--Not later than 90 days after the date of the
enactment of this Act and annually thereafter until
construction of the border wall has been completed, the
Secretary shall submit to the appropriate congressional
committees an implementation plan, including annual
benchmarks for the construction of 200 miles of such wall and
associated cost estimates for satisfying all requirements of
the construction of the border wall, including installation
and deployment of tactical infrastructure, technology, and
other elements as identified by the Department prior to
January 20, 2021, through the expenditure of funds
appropriated or explicitly obligated, as the case may be, for
use, as well as any future funds appropriated or otherwise
made available by Congress.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Homeland Security and the Committee on Appropriations of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on
Appropriations of the Senate.
(2) Tactical infrastructure.--The term ``tactical
infrastructure'' includes boat ramps, access gates,
checkpoints, lighting, and roads associated with a border
wall.
(3) Technology.--The term ``technology'' includes border
surveillance and detection technology, including linear
ground detection systems, associated with a border wall.
SEC. 103. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG
THE SOUTHERN BORDER.
Section 102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Division C of Public Law 104-208;
8 U.S.C. 1103 note) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary of Homeland Security shall
take such actions as may be necessary (including the removal
of obstacles to detection of illegal entrants) to design,
test, construct, install, deploy, integrate, and operate
physical barriers, tactical infrastructure, and technology in
the vicinity of the southwest border to achieve situational
awareness and operational control of the southwest border and
deter, impede, and detect unlawful activity.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``Fencing and
Road Improvements'' and inserting ``Physical Barriers'';
(B) in paragraph (1)--
(i) in the heading, by striking ``fencing'' and inserting
``barriers'';
(ii) by amending subparagraph (A) to read as follows:
``(A) Reinforced barriers.--In carrying out this section,
the Secretary of Homeland Security shall construct a border
wall, including physical barriers, tactical infrastructure,
and technology, along not fewer than 900 miles of the
southwest border until situational awareness and operational
control of the southwest border is achieved.'';
(iii) by amending subparagraph (B) to read as follows:
``(B) Physical barriers and tactical infrastructure.--In
carrying out this section, the Secretary of Homeland Security
shall deploy along the southwest border the most practical
and effective physical barriers, tactical infrastructure, and
technology available for achieving situational awareness and
operational control of the southwest border.'';
(iv) in subparagraph (C)--
(I) by amending clause (i) to read as follows:
``(i) In general.--In carrying out this section, the
Secretary of Homeland Security shall consult with the
Secretary of the Interior, the Secretary of Agriculture,
appropriate representatives of State, Tribal, and local
governments, and appropriate private property owners in the
United States to minimize the impact on natural resources,
commerce, and sites of historical or cultural significance
for the communities and residents located near the sites at
which physical barriers, tactical infrastructure, and
technology are to be constructed. Such consultation may not
delay such construction for longer than seven days.''; and
(II) in clause (ii)--
(aa) in subclause (I), by striking ``or'' after the
semicolon at the end;
(bb) by amending subclause (II) to read as follows:
``(II) delay the transfer to the United States of the
possession of property or affect the validity of any property
acquisition by the United States by purchase or eminent
domain, or to otherwise affect the eminent domain laws of the
United States or of any State; or''; and
(cc) by adding at the end the following new subclause:
[[Page H2535]]
``(III) create any right or liability for any party.''; and
(v) by striking subparagraph (D);
(C) in paragraph (2)--
(i) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security'';
(ii) by striking ``this subsection'' and inserting ``this
section''; and
(iii) by striking ``construction of fences'' and inserting
``the construction of physical barriers, tactical
infrastructure, and technology'';
(D) by amending paragraph (3) to read as follows:
``(3) Agent safety.--In carrying out this section, the
Secretary of Homeland Security, when designing, testing,
constructing, installing, deploying, integrating, and
operating physical barriers, tactical infrastructure, or
technology, shall incorporate such safety features into such
design, test, construction, installation, deployment,
integration, or operation of such physical barriers, tactical
infrastructure, or technology, as the case may be, that the
Secretary determines are necessary to maximize the safety and
effectiveness of officers and agents of the Department of
Homeland Security or of any other Federal agency deployed in
the vicinity of such physical barriers, tactical
infrastructure, or technology.''; and
(E) in paragraph (4), by striking ``this subsection'' and
inserting ``this section'';
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall waive all legal
requirements necessary to ensure the expeditious design,
testing, construction, installation, deployment, integration,
operation, and maintenance of the physical barriers, tactical
infrastructure, and technology under this section. The
Secretary shall ensure the maintenance and effectiveness of
such physical barriers, tactical infrastructure, or
technology. Any such action by the Secretary shall be
effective upon publication in the Federal Register.'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new
paragraph:
``(2) Notification.--Not later than seven days after the
date on which the Secretary of Homeland Security exercises a
waiver pursuant to paragraph (1), the Secretary shall notify
the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate of such waiver.''; and
(4) by adding at the end the following new subsections:
``(e) Technology.--In carrying out this section, the
Secretary of Homeland Security shall deploy along the
southwest border the most practical and effective technology
available for achieving situational awareness and operational
control.
``(f) Definitions.--In this section:
``(1) Advanced unattended surveillance sensors.--The term
`advanced unattended surveillance sensors' means sensors that
utilize an onboard computer to analyze detections in an
effort to discern between vehicles, humans, and animals, and
ultimately filter false positives prior to transmission.
``(2) Operational control.--The term `operational control'
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
``(3) Physical barriers.--The term `physical barriers'
includes reinforced fencing, the border wall, and levee
walls.
``(4) Situational awareness.--The term `situational
awareness' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
``(5) Tactical infrastructure.--The term `tactical
infrastructure' includes boat ramps, access gates,
checkpoints, lighting, and roads.
``(6) Technology.--The term `technology' includes border
surveillance and detection technology, including the
following:
``(A) Tower-based surveillance technology.
``(B) Deployable, lighter-than-air ground surveillance
equipment.
``(C) Vehicle and Dismount Exploitation Radars (VADER).
``(D) 3-dimensional, seismic acoustic detection and ranging
border tunneling detection technology.
``(E) Advanced unattended surveillance sensors.
``(F) Mobile vehicle-mounted and man-portable surveillance
capabilities.
``(G) Unmanned aircraft systems.
``(H) Tunnel detection systems and other seismic
technology.
``(I) Fiber-optic cable.
``(J) Other border detection, communication, and
surveillance technology.
``(7) Unmanned aircraft system.--The term `unmanned
aircraft system' has the meaning given such term in section
44801 of title 49, United States Code.''.
SEC. 104. BORDER AND PORT SECURITY TECHNOLOGY INVESTMENT
PLAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Commissioner, in consultation
with covered officials and border and port security
technology stakeholders, shall submit to the appropriate
congressional committees a strategic 5-year technology
investment plan (in this section referred to as the
``plan''). The plan may include a classified annex, if
appropriate.
(b) Contents of Plan.--The plan shall include the
following:
(1) An analysis of security risks at and between ports of
entry along the northern and southern borders of the United
States.
(2) An identification of capability gaps with respect to
security at and between such ports of entry to be mitigated
in order to--
(A) prevent terrorists and instruments of terror from
entering the United States;
(B) combat and reduce cross-border criminal activity,
including--
(i) the transport of illegal goods, such as illicit drugs;
and
(ii) human smuggling and human trafficking; and
(C) facilitate the flow of legal trade across the southwest
border.
(3) An analysis of current and forecast trends relating to
the number of aliens who--
(A) unlawfully entered the United States by crossing the
northern or southern border of the United States; or
(B) are unlawfully present in the United States.
(4) A description of security-related technology
acquisitions, to be listed in order of priority, to address
the security risks and capability gaps analyzed and
identified pursuant to paragraphs (1) and (2), respectively.
(5) A description of each planned security-related
technology program, including objectives, goals, and
timelines for each such program.
(6) An identification of each deployed security-related
technology that is at or near the end of the life cycle of
such technology.
(7) A description of the test, evaluation, modeling, and
simulation capabilities, including target methodologies,
rationales, and timelines, necessary to support the
acquisition of security-related technologies pursuant to
paragraph (4).
(8) An identification and assessment of ways to increase
opportunities for communication and collaboration with the
private sector, small and disadvantaged businesses,
intragovernment entities, university centers of excellence,
and federal laboratories to ensure CBP is able to engage with
the market for security-related technologies that are
available to satisfy its mission needs before engaging in an
acquisition of a security-related technology.
(9) An assessment of the management of planned security-
related technology programs by the acquisition workforce of
CBP.
(10) An identification of ways to leverage already-existing
acquisition expertise within the Federal Government.
(11) A description of the security resources, including
information security resources, required to protect security-
related technology from physical or cyber theft, diversion,
sabotage, or attack.
(12) A description of initiatives to--
(A) streamline the acquisition process of CBP; and
(B) provide to the private sector greater predictability
and transparency with respect to such process, including
information relating to the timeline for testing and
evaluation of security-related technology.
(13) An assessment of the privacy and security impact on
border communities of security-related technology.
(14) In the case of a new acquisition leading to the
removal of equipment from a port of entry along the northern
or southern border of the United States, a strategy to
consult with the private sector and community stakeholders
affected by such removal.
(15) A strategy to consult with the private sector and
community stakeholders with respect to security impacts at a
port of entry described in paragraph (14).
(16) An identification of recent technological advancements
in the following:
(A) Manned aircraft sensor, communication, and common
operating picture technology.
(B) Unmanned aerial systems and related technology,
including counter-unmanned aerial system technology.
(C) Surveillance technology, including the following:
(i) Mobile surveillance vehicles.
(ii) Associated electronics, including cameras, sensor
technology, and radar.
(iii) Tower-based surveillance technology.
(iv) Advanced unattended surveillance sensors.
(v) Deployable, lighter-than-air, ground surveillance
equipment.
(D) Nonintrusive inspection technology, including non-x-ray
devices utilizing muon tomography and other advanced
detection technology.
(E) Tunnel detection technology.
(F) Communications equipment, including the following:
(i) Radios.
(ii) Long-term evolution broadband.
(iii) Miniature satellites.
(c) Leveraging the Private Sector.--To the extent
practicable, the plan shall--
(1) leverage emerging technological capabilities, and
research and development trends, within the public and
private sectors;
(2) incorporate input from the private sector, including
from border and port security stakeholders, through requests
for information, industry day events, and other innovative
means consistent with the Federal Acquisition Regulation; and
(3) identify security-related technologies that are in
development or deployed, with or
[[Page H2536]]
without adaptation, that may satisfy the mission needs of
CBP.
(d) Form.--To the extent practicable, the plan shall be
published in unclassified form on the website of the
Department.
(e) Disclosure.--The plan shall include an identification
of individuals not employed by the Federal Government, and
their professional affiliations, who contributed to the
development of the plan.
(f) Update and Report.--Not later than the date that is two
years after the date on which the plan is submitted to the
appropriate congressional committees pursuant to subsection
(a) and biennially thereafter for ten years, the Commissioner
shall submit to the appropriate congressional committees--
(1) an update of the plan, if appropriate; and
(2) a report that includes--
(A) the extent to which each security-related technology
acquired by CBP since the initial submission of the plan or
most recent update of the plan, as the case may be, is
consistent with the planned technology programs and projects
described pursuant to subsection (b)(5); and
(B) the type of contract and the reason for acquiring each
such security-related technology.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate.
(2) Covered officials.--The term ``covered officials''
means--
(A) the Under Secretary for Management of the Department;
(B) the Under Secretary for Science and Technology of the
Department; and
(C) the Chief Information Officer of the Department.
(3) Unlawfully present.--The term ``unlawfully present''
has the meaning provided such term in section
212(a)(9)(B)(ii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(9)(B)(ii)).
SEC. 105. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
(a) In General.--Subtitle C of title IV of the Homeland
Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by
adding at the end the following new section:
``SEC. 437. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
``(a) Major Acquisition Program Defined.--In this section,
the term `major acquisition program' means an acquisition
program of the Department that is estimated by the Secretary
to require an eventual total expenditure of at least
$100,000,000 (based on fiscal year 2024 constant dollars)
over its life-cycle cost.
``(b) Planning Documentation.--For each border security
technology acquisition program of the Department that is
determined to be a major acquisition program, the Secretary
shall--
``(1) ensure that each such program has a written
acquisition program baseline approved by the relevant
acquisition decision authority;
``(2) document that each such program is satisfying cost,
schedule, and performance thresholds as specified in such
baseline, in compliance with relevant departmental
acquisition policies and the Federal Acquisition Regulation;
and
``(3) have a plan for satisfying program implementation
objectives by managing contractor performance.
``(c) Adherence to Standards.--The Secretary, acting
through the Under Secretary for Management and the
Commissioner of U.S. Customs and Border Protection, shall
ensure border security technology acquisition program
managers who are responsible for carrying out this section
adhere to relevant internal control standards identified by
the Comptroller General of the United States. The
Commissioner shall provide information, as needed, to assist
the Under Secretary in monitoring management of border
security technology acquisition programs under this section.
``(d) Plan.--The Secretary, acting through the Under
Secretary for Management, in coordination with the Under
Secretary for Science and Technology and the Commissioner of
U.S. Customs and Border Protection, shall submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a plan for testing,
evaluating, and using independent verification and validation
of resources relating to the proposed acquisition of border
security technology. Under such plan, the proposed
acquisition of new border security technologies shall be
evaluated through a series of assessments, processes, and
audits to ensure--
``(1) compliance with relevant departmental acquisition
policies and the Federal Acquisition Regulation; and
``(2) the effective use of taxpayer dollars.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 436 the
following new item:
``Sec. 437. Border security technology program management.''.
(c) Prohibition on Additional Authorization of
Appropriations.--No additional funds are authorized to be
appropriated to carry out section 437 of the Homeland
Security Act of 2002, as added by subsection (a).
SEC. 106. U.S. CUSTOMS AND BORDER PROTECTION TECHNOLOGY
UPGRADES.
(a) Secure Communications.--The Commissioner shall ensure
that each CBP officer or agent, as appropriate, is equipped
with a secure radio or other two-way communication device
that allows each such officer or agent to communicate--
(1) between ports of entry and inspection stations; and
(2) with other Federal, State, Tribal, and local law
enforcement entities.
(b) Border Security Deployment Program.--
(1) Expansion.--Not later than September 30, 2026, the
Commissioner shall--
(A) fully implement the Border Security Deployment Program
of CBP; and
(B) expand the integrated surveillance and intrusion
detection system at land ports of entry along the northern
and southern borders of the United States.
(2) Authorization of appropriations.--In addition to
amounts otherwise authorized to be appropriated for such
purpose, there is authorized to be appropriated $33,000,000
for fiscal years 2025 and 2026 to carry out paragraph (1).
(c) Upgrade of License Plate Readers at Ports of Entry.--
(1) Upgrade.--Not later than two years after the date of
the enactment of this Act, the Commissioner shall upgrade all
existing license plate readers in need of upgrade, as
determined by the Commissioner, on the northern and southern
borders of the United States.
(2) Authorization of appropriations.--In addition to
amounts otherwise authorized to be appropriated for such
purpose, there is authorized to be appropriated $125,000,000
for fiscal years 2024 and 2025 to carry out paragraph (1).
SEC. 107. U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Retention Bonus.--To carry out this section, there is
authorized to be appropriated up to $100,000,000 to the
Commissioner to provide a retention bonus to any front-line
U.S. Border Patrol law enforcement agent--
(1) whose position is equal to or below level GS-12 of the
General Schedule;
(2) who has five years or more of service with the U.S.
Border Patrol; and
(3) who commits to two years of additional service with the
U.S. Border Patrol upon acceptance of such bonus.
(b) Border Patrol Agents.--Not later than September 30,
2026, the Commissioner shall hire, train, and assign a
sufficient number of Border Patrol agents to maintain an
active duty presence of not fewer than 22,000 full-time
equivalent Border Patrol agents, who may not perform the
duties of processing coordinators.
(c) Prohibition Against Alien Travel.--No personnel or
equipment of Air and Marine Operations may be used for the
transportation of non-detained aliens, or detained aliens
expected to be administratively released upon arrival, from
the southwest border to destinations within the United
States.
(d) GAO Report.--If the staffing level required under this
section is not achieved by the date associated with such
level, the Comptroller General of the United States shall--
(1) conduct a review of the reasons why such level was not
so achieved; and
(2) not later than September 30, 2028, publish on a
publicly available website of the Government Accountability
Office a report relating thereto.
SEC. 108. ANTI-BORDER CORRUPTION ACT REAUTHORIZATION.
(a) Hiring Flexibility.--Section 3 of the Anti-Border
Corruption Act of 2010 (6 U.S.C. 221; Public Law 111-376) is
amended by striking subsection (b) and inserting the
following new subsections:
``(b) Waiver Requirement.--Subject to subsection (c), the
Commissioner of U.S. Customs and Border Protection shall
waive the application of subsection (a)(1)--
``(1) to a current, full-time law enforcement officer
employed by a State or local law enforcement agency who--
``(A) has continuously served as a law enforcement officer
for not fewer than three years;
``(B) is authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of, or
the incarceration of any person for, any violation of law,
and has statutory powers for arrest or apprehension; and
``(C) is not currently under investigation, has not been
found to have engaged in criminal activity or serious
misconduct, has not resigned from a law enforcement officer
position under investigation or in lieu of termination, and
has not been dismissed from a law enforcement officer
position;
``(2) to a current, full-time Federal law enforcement
officer who--
``(A) has continuously served as a law enforcement officer
for not fewer than three years;
``(B) is authorized to make arrests, conduct
investigations, conduct searches, make seizures, carry
firearms, and serve orders, warrants, and other processes;
``(C) is not currently under investigation, has not been
found to have engaged in criminal activity or serious
misconduct, has not
[[Page H2537]]
resigned from a law enforcement officer position under
investigation or in lieu of termination, and has not been
dismissed from a law enforcement officer position; and
``(D) holds a current Tier 4 background investigation or
current Tier 5 background investigation; or
``(3) to a member of the Armed Forces (or a reserve
component thereof) or a veteran, if such individual--
``(A) has served in the Armed Forces for not fewer than
three years;
``(B) holds, or has held within the past five years, a
Secret, Top Secret, or Top Secret/Sensitive Compartmented
Information clearance;
``(C) holds, or has undergone within the past five years, a
current Tier 4 background investigation or current Tier 5
background investigation;
``(D) received, or is eligible to receive, an honorable
discharge from service in the Armed Forces and has not
engaged in criminal activity or committed a serious military
or civil offense under the Uniform Code of Military Justice;
and
``(E) was not granted any waivers to obtain the clearance
referred to in subparagraph (B).
``(c) Termination of Waiver Requirement; Snap-Back.--The
requirement to issue a waiver under subsection (b) shall
terminate if the Commissioner of U.S. Customs and Border
Protection (CBP) certifies to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate that
CBP has met all requirements pursuant to section 107 of
division A of the End the Border Catastrophe Act relating to
personnel levels. If at any time after such certification
personnel levels fall below such requirements, the
Commissioner shall waive the application of subsection (a)(1)
until such time as the Commissioner re-certifies to such
Committees that CBP has so met all such requirements.''.
(b) Supplemental Commissioner Authority; Reporting;
Definitions.--The Anti-Border Corruption Act of 2010 is
amended by adding at the end the following new sections:
``SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY.
``(a) Nonexemption.--An individual who receives a waiver
under section 3(b) is not exempt from any other hiring
requirements relating to suitability for employment and
eligibility to hold a national security designated position,
as determined by the Commissioner of U.S. Customs and Border
Protection.
``(b) Background Investigations.--An individual who
receives a waiver under section 3(b) who holds a current Tier
4 background investigation shall be subject to a Tier 5
background investigation.
``(c) Administration of Polygraph Examination.--The
Commissioner of U.S. Customs and Border Protection is
authorized to administer a polygraph examination to an
applicant or employee who is eligible for or receives a
waiver under section 3(b) if information is discovered before
the completion of a background investigation that results in
a determination that a polygraph examination is necessary to
make a final determination regarding suitability for
employment or continued employment, as the case may be.
``SEC. 6. REPORTING.
``(a) Annual Report.--Not later than one year after the
date of the enactment of this section and annually thereafter
while the waiver authority under section 3(b) is in effect,
the Commissioner of U.S. Customs and Border Protection shall
submit to Congress a report that includes, with respect to
each such reporting period, the following:
``(1) Information relating to the number of waivers granted
under such section 3(b).
``(2) Information relating to the percentage of applicants
who were hired after receiving such a waiver.
``(3) Information relating to the number of instances that
a polygraph was administered to an applicant who initially
received such a waiver and the results of such polygraph.
``(4) An assessment of the current impact of such waiver
authority on filling law enforcement positions at U.S.
Customs and Border Protection.
``(5) An identification of additional authorities needed by
U.S. Customs and Border Protection to better utilize such
waiver authority for its intended goals.
``(b) Additional Information.--The first report submitted
under subsection (a) shall include the following:
``(1) An analysis of other methods of employment
suitability tests that detect deception and could be used in
conjunction with traditional background investigations to
evaluate potential applicants or employees for suitability
for employment or continued employment, as the case may be.
``(2) A recommendation regarding whether a test referred to
in paragraph (1) should be adopted by U.S. Customs and Border
Protection when the polygraph examination requirement is
waived pursuant to section 3(b).
``SEC. 7. DEFINITIONS.
``In this Act:
``(1) Federal law enforcement officer.--The term `Federal
law enforcement officer' means a `law enforcement officer',
as such term is defined in section 8331(20) or 8401(17) of
title 5, United States Code.
``(2) Serious military or civil offense.--The term `serious
military or civil offense' means an offense for which--
``(A) a member of the Armed Forces may be discharged or
separated from service in the Armed Forces; and
``(B) a punitive discharge is, or would be, authorized for
the same or a closely related offense under the Manual for
Court-Martial, as pursuant to Army Regulation 635-200,
chapter 14-12.
``(3) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5',
with respect to background investigations, have the meaning
given such terms under the 2012 Federal Investigative
Standards.
``(4) Veteran.--The term `veteran' has the meaning given
such term in section 101(2) of title 38, United States
Code.''.
(c) Polygraph Examiners.--Not later than September 30,
2025, the Secretary shall increase to not fewer than 150 the
number of trained full-time equivalent polygraph examiners
for administering polygraphs under the Anti-Border Corruption
Act of 2010, as amended by this section.
SEC. 109. ESTABLISHMENT OF WORKLOAD STAFFING MODELS FOR U.S.
BORDER PATROL AND AIR AND MARINE OPERATIONS OF
CBP.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Commissioner, in coordination
with the Under Secretary for Management, the Chief Human
Capital Officer, and the Chief Financial Officer of the
Department, shall implement a workload staffing model for
each of the following:
(1) The U.S. Border Patrol.
(2) Air and Marine Operations of CBP.
(b) Responsibilities of the Commissioner.--Subsection (c)
of section 411 of the Homeland Security Act of 2002 (6 U.S.C.
211), is amended--
(1) by redesignating paragraphs (18) and (19) as paragraphs
(20) and (21), respectively; and
(2) by inserting after paragraph (17) the following new
paragraphs:
``(18) implement a staffing model for the U.S. Border
Patrol, Air and Marine Operations, and the Office of Field
Operations that includes consideration for essential
frontline operator activities and functions, variations in
operating environments, present and planned infrastructure,
present and planned technology, and required operations
support levels to enable such entities to manage and assign
personnel of such entities to ensure field and support posts
possess adequate resources to carry out duties specified in
this section;
``(19) develop standard operating procedures for a
workforce tracking system within the U.S. Border Patrol, Air
and Marine Operations, and the Office of Field Operations,
train the workforce of each of such entities on the use,
capabilities, and purpose of such system, and implement
internal controls to ensure timely and accurate scheduling
and reporting of actual completed work hours and
activities;''.
(c) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act with respect to subsection (a) and
paragraphs (18) and (19) of section 411(c) of the Homeland
Security Act of 2002 (as amended by subsection (b)), and
annually thereafter with respect to such paragraphs (18) and
(19), the Secretary shall submit to the appropriate
congressional committees a report that includes a status
update on the following:
(A) The implementation of such subsection (a) and such
paragraphs (18) and (19).
(B) Each relevant workload staffing model.
(2) Data sources and methodology required.--Each report
required under paragraph (1) shall include information
relating to the data sources and methodology used to generate
each relevant staffing model.
(d) Inspector General Review.--Not later than 90 days after
the Commissioner develops the workload staffing models
pursuant to subsection (a), the Inspector General of the
Department shall review such models and provide feedback to
the Secretary and the appropriate congressional committees
with respect to the degree to which such models are
responsive to the recommendations of the Inspector General,
including the following:
(1) Recommendations from the Inspector General's February
2019 audit.
(2) Any further recommendations to improve such models.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Homeland Security of the House of
Representatives; and
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate.
SEC. 110. OPERATION STONEGARDEN.
(a) In General.--Subtitle A of title XX of the Homeland
Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by
adding at the end the following new section:
``SEC. 2010. OPERATION STONEGARDEN.
``(a) Establishment.--There is established in the
Department a program to be known as `Operation Stonegarden',
under which the Secretary, acting through the Administrator,
shall make grants to eligible law enforcement agencies,
through State administrative agencies, to enhance border
security in accordance with this section.
``(b) Eligible Recipients.--To be eligible to receive a
grant under this section, a law enforcement agency shall--
``(1) be located in--
``(A) a State bordering Canada or Mexico; or
``(B) a State or territory with a maritime border;
[[Page H2538]]
``(2) be involved in an active, ongoing, U.S. Customs and
Border Protection operation coordinated through a U.S. Border
Patrol sector office; and
``(3) have an agreement in place with U.S. Immigration and
Customs Enforcement to support enforcement operations.
``(c) Permitted Uses.--A recipient of a grant under this
section may use such grant for costs associated with the
following:
``(1) Equipment, including maintenance and sustainment.
``(2) Personnel, including overtime and backfill, in
support of enhanced border law enforcement activities.
``(3) Any activity permitted for Operation Stonegarden
under the most recent fiscal year Department of Homeland
Security's Homeland Security Grant Program Notice of Funding
Opportunity.
``(d) Period of Performance.--The Secretary shall award
grants under this section to grant recipients for a period of
not fewer than 36 months.
``(e) Notification.--Upon denial of a grant to a law
enforcement agency, the Administrator shall provide written
notice to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate, including the reasoning
for such denial.
``(f) Report.--For each of fiscal years 2024 through 2028
the Administrator shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a
report that contains--
``(1) information on the expenditure of grants made under
this section by each grant recipient; and
``(2) recommendations for other uses of such grants to
further support eligible law enforcement agencies.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated $110,000,000 for each of fiscal years 2024
through 2028 for grants under this section.''.
(b) Conforming Amendment.--Subsection (a) of section 2002
of the Homeland Security Act of 2002 (6 U.S.C. 603) is
amended to read as follows:
``(a) Grants Authorized.--The Secretary, through the
Administrator, may award grants under sections 2003, 2004,
2009, and 2010 to State, local, and Tribal governments, as
appropriate.''.
(c) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 2009 the
following new item:
``Sec. 2010. Operation Stonegarden.''.
SEC. 111. AIR AND MARINE OPERATIONS FLIGHT HOURS.
(a) Air and Marine Operations Flight Hours.--Not later than
120 days after the date of the enactment of this Act, the
Secretary shall ensure that not fewer than 110,000 annual
flight hours are carried out by Air and Marine Operations of
CBP.
(b) Unmanned Aircraft Systems.--The Secretary, after
coordination with the Administrator of the Federal Aviation
Administration, shall ensure that Air and Marine Operations
operate unmanned aircraft systems on the southern border of
the United States for not less than 24 hours per day.
(c) Primary Missions.--The Commissioner shall ensure the
following:
(1) The primary missions for Air and Marine Operations are
to directly support the following:
(A) U.S. Border Patrol activities along the borders of the
United States.
(B) Joint Interagency Task Force South and Joint Task Force
East operations in the transit zone.
(2) The Executive Assistant Commissioner of Air and Marine
Operations assigns the greatest priority to support missions
specified in paragraph (1).
(d) High Demand Flight Hour Requirements.--The Commissioner
shall--
(1) ensure that U.S. Border Patrol Sector Chiefs identify
air support mission-critical hours; and
(2) direct Air and Marine Operations to support requests
from such Sector Chiefs as a component of the primary mission
of Air and Marine Operations in accordance with subsection
(c)(1)(A).
(e) Contract Air Support Authorizations.--The Commissioner
shall contract for air support mission-critical hours to meet
the requests for such hours, as identified pursuant to
subsection (d).
(f) Small Unmanned Aircraft Systems.--
(1) In general.--The Chief of the U.S. Border Patrol shall
be the executive agent with respect to the use of small
unmanned aircraft by CBP for the purposes of the following:
(A) Meeting the unmet flight hour operational requirements
of the U.S. Border Patrol.
(B) Achieving situational awareness and operational control
of the borders of the United States.
(2) Coordination.--In carrying out paragraph (1), the Chief
of the U.S. Border Patrol shall coordinate--
(A) flight operations with the Administrator of the Federal
Aviation Administration to ensure the safe and efficient
operation of the national airspace system; and
(B) with the Executive Assistant Commissioner for Air and
Marine Operations of CBP to--
(i) ensure the safety of other CBP aircraft flying in the
vicinity of small unmanned aircraft operated by the U.S.
Border Patrol; and
(ii) establish a process to include data from flight hours
in the calculation of got away statistics.
(3) Conforming amendment.--Paragraph (3) of section 411(e)
of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is
amended--
(A) in subparagraph (B), by striking ``and'' after the
semicolon at the end;
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following new
subparagraph:
``(C) carry out the small unmanned aircraft (as such term
is defined in section 44801 of title 49, United States Code)
requirements pursuant to subsection (f) of section 111 of
division A of the End the Border Catastrophe Act; and''.
(g) Savings Clause.--Nothing in this section may be
construed as conferring, transferring, or delegating to the
Secretary, the Commissioner, the Executive Assistant
Commissioner for Air and Marine Operations of CBP, or the
Chief of the U.S. Border Patrol any authority of the
Secretary of Transportation or the Administrator of the
Federal Aviation Administration relating to the use of
airspace or aviation safety.
(h) Definitions.--In this section:
(1) Got away.--The term ``got away'' has the meaning given
such term in section 1092(a)(3) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 6
U.S.C. 223(a)(3)).
(2) Transit zone.--The term ``transit zone'' has the
meaning given such term in section 1092(a)(8) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 6 U.S.C. 223(a)(8)).
SEC. 112. ERADICATION OF CARRIZO CANE AND SALT CEDAR.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary, in coordination
with the heads of relevant Federal, State, and local
agencies, shall hire contractors to begin eradicating the
carrizo cane plant and any salt cedar along the Rio Grande
River that impedes border security operations. Such
eradication shall be completed--
(1) by not later than September 30, 2028, except for
required maintenance; and
(2) in the most expeditious and cost-effective manner
possible to maintain clear fields of view.
(b) Application.--The waiver authority under subsection (c)
of section 102 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), as
amended by section 103 of this division, shall apply to
activities carried out pursuant to subsection (a).
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a strategic plan to
eradicate all carrizo cane plant and salt cedar along the Rio
Grande River that impedes border security operations by not
later than September 30, 2028.
(d) Authorization of Appropriations.--There is authorized
to be appropriated $7,000,000 for each of fiscal years 2025
through 2028 to the Secretary to carry out this subsection.
SEC. 113. BORDER PATROL STRATEGIC PLAN.
(a) In General.--Not later than one year after the date of
the enactment of this Act and biennially thereafter, the
Commissioner, acting through the Chief of the U.S. Border
Patrol, shall issue a Border Patrol Strategic Plan (referred
to in this section as the ``plan'') to enhance the security
of the borders of the United States.
(b) Elements.--The plan shall include the following:
(1) A consideration of Border Patrol Capability Gap
Analysis reporting, Border Security Improvement Plans, and
any other strategic document authored by the U.S. Border
Patrol to address security gaps between ports of entry,
including efforts to mitigate threats identified in such
analyses, plans, and documents.
(2) Information relating to the dissemination of
information relating to border security or border threats
with respect to the efforts of the Department and other
appropriate Federal agencies.
(3) Information relating to efforts by U.S. Border Patrol
to--
(A) increase situational awareness, including--
(i) surveillance capabilities, such as capabilities
developed or utilized by the Department of Defense, and any
appropriate technology determined to be excess by the
Department of Defense; and
(ii) the use of manned aircraft and unmanned aircraft;
(B) detect and prevent terrorists and instruments of
terrorism from entering the United States;
(C) detect, interdict, and disrupt between ports of entry
aliens unlawfully present in the United States;
(D) detect, interdict, and disrupt human smuggling, human
trafficking, drug trafficking, and other illicit cross-border
activity;
(E) focus intelligence collection to disrupt transnational
criminal organizations outside of the international and
maritime borders of the United States; and
(F) ensure that any new border security technology can be
operationally integrated with existing technologies in use by
the Department.
[[Page H2539]]
(4) Information relating to initiatives of the Department
with respect to operational coordination, including any
relevant task forces of the Department.
(5) Information gathered from the lessons learned by the
deployments of the National Guard to the southern border of
the United States.
(6) A description of cooperative agreements relating to
information sharing with State, local, Tribal, territorial,
and other Federal law enforcement agencies that have
jurisdiction on the borders of the United States.
(7) Information relating to border security information
received from the following:
(A) State, local, Tribal, territorial, and other Federal
law enforcement agencies that have jurisdiction on the
borders of the United States or in the maritime environment.
(B) Border community stakeholders, including
representatives from the following:
(i) Border agricultural and ranching organizations.
(ii) Business and civic organizations.
(iii) Hospitals and rural clinics within 150 miles of the
borders of the United States.
(iv) Victims of crime committed by aliens unlawfully
present in the United States.
(v) Victims impacted by drugs, transnational criminal
organizations, cartels, gangs, or other criminal activity.
(vi) Farmers, ranchers, and property owners along the
border.
(vii) Other individuals negatively impacted by illegal
immigration.
(8) Information relating to the staffing requirements with
respect to border security for the Department.
(9) A prioritized list of Department research and
development objectives to enhance the security of the borders
of the United States.
(10) An assessment of training programs, including such
programs relating to the following:
(A) Identifying and detecting fraudulent documents.
(B) Understanding the scope of CBP enforcement authorities
and appropriate use of force policies.
(C) Screening, identifying, and addressing vulnerable
populations, such as children and victims of human
trafficking.
SEC. 114. U.S. CUSTOMS AND BORDER PROTECTION SPIRITUAL
READINESS.
Not later than one year after the enactment of this Act and
annually thereafter for five years, the Commissioner shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the
availability and usage of the assistance of chaplains, prayer
groups, houses of worship, and other spiritual resources for
members of CBP who identify as religiously affiliated and
have attempted suicide, have suicidal ideation, or are at
risk of suicide, and metrics on the impact such resources
have in assisting religiously affiliated members who have
access to and utilize such resources compared to religiously
affiliated members who do not.
SEC. 115. RESTRICTIONS ON FUNDING.
(a) Arriving Aliens.--No funds are authorized to be
appropriated to the Department to process the entry into the
United States of aliens arriving in between ports of entry.
(b) Restriction on Nongovernmental Organization Support for
Unlawful Activity.--No funds are authorized to be
appropriated to the Department for disbursement to any
nongovernmental organization that facilitates or encourages
unlawful activity, including unlawful entry, human
trafficking, human smuggling, drug trafficking, and drug
smuggling.
(c) Restriction on Nongovernmental Organization
Facilitation of Illegal Immigration.--No funds are authorized
to be appropriated to the Department for disbursement to any
nongovernmental organization to provide, or facilitate the
provision of, transportation, lodging, or immigration legal
services to inadmissible aliens who enter the United States
after the date of the enactment of this Act.
SEC. 116. COLLECTION OF DNA AND BIOMETRIC INFORMATION AT THE
BORDER.
Not later than 14 days after the date of the enactment of
this Act, the Secretary shall ensure and certify to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate that CBP is fully
compliant with Federal DNA and biometric collection
requirements at United States land borders.
SEC. 117. ERADICATION OF NARCOTIC DRUGS AND FORMULATING
EFFECTIVE NEW TOOLS TO ADDRESS YEARLY LOSSES OF
LIFE; ENSURING TIMELY UPDATES TO U.S. CUSTOMS
AND BORDER PROTECTION FIELD MANUALS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and not less frequently than
triennially thereafter, the Commissioner of U.S. Customs and
Border Protection shall review and update, as necessary, the
current policies and manuals of the Office of Field
Operations related to inspections at ports of entry, and the
U.S. Border Patrol related to inspections between ports of
entry, to ensure the uniform implementation of inspection
practices that will effectively respond to technological and
methodological changes designed to disguise unlawful
activity, such as the smuggling of drugs and humans, along
the border.
(b) Reporting Requirement.--Not later than 90 days after
each update required under subsection (a), the Commissioner
of U.S. Customs and Border Protection shall submit to the
Committee on Homeland Security and the Committee on the
Judiciary of the House of Representatives and the Committee
on Homeland Security and Governmental Affairs and the
Committee on the Judiciary of the Senate a report that
summarizes any policy and manual changes pursuant to
subsection (a).
SEC. 118. PUBLICATION BY U.S. CUSTOMS AND BORDER PROTECTION
OF OPERATIONAL STATISTICS.
(a) In General.--Not later than the seventh day of each
month beginning with the second full month after the date of
the enactment of this Act, the Commissioner of U.S. Customs
and Border Protection shall publish on a publicly available
website of the Department of Homeland Security information
relating to the total number of alien encounters and
nationalities, unique alien encounters and nationalities,
gang affiliated apprehensions and nationalities, drug
seizures, alien encounters included in the terrorist
screening database and nationalities, arrests of criminal
aliens or individuals wanted by law enforcement and
nationalities, known got aways, encounters with deceased
aliens, and all other related or associated statistics
recorded by U.S. Customs and Border Protection during the
immediately preceding month. Each such publication shall
include the following:
(1) The aggregate such number, and such number
disaggregated by geographic regions, of such recordings and
encounters, including specifications relating to whether such
recordings and encounters were at the southwest, northern, or
maritime border.
(2) An identification of the Office of Field Operations
field office, U.S. Border Patrol sector, or Air and Marine
Operations branch making each recording or encounter.
(3) Information relating to whether each recording or
encounter of an alien was of a single adult, an unaccompanied
alien child, or an individual in a family unit.
(4) Information relating to the processing disposition of
each alien recording or encounter.
(5) Information relating to the nationality of each alien
who is the subject of each recording or encounter.
(6) The total number of individuals included in the
terrorist screening database (as such term is defined in
section 2101 of the Homeland Security Act of 2002 (6 U.S.C.
621)) who have repeatedly attempted to cross unlawfully into
the United States.
(7) The total number of individuals included in the
terrorist screening database who have been apprehended,
including information relating to whether such individuals
were released into the United States or removed.
(b) Exceptions.--If the Commissioner of U.S. Customs and
Border Protection in any month does not publish the
information required under subsection (a), or does not
publish such information by the date specified in such
subsection, the Commissioner shall brief the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate regarding the reason relating thereto, as the case
may be, by not later than the date that is two business days
after the tenth day of such month.
(c) Definitions.--In this section:
(1) Alien encounters.--The term ``alien encounters'' means
aliens apprehended, determined inadmissible, or processed for
removal by U.S. Customs and Border Protection.
(2) Got away.--The term ``got away'' has the meaning given
such term in section 1092(a) of the National Defense
Authorization Act for Fiscal Year 2017 (6 U.S.C. 223(a)).
(3) Terrorist screening database.--The term ``terrorist
screening database'' has the meaning given such term in
section 2101 of the Homeland Security Act of 2002 (6 U.S.C.
621).
(4) Unaccompanied alien child.--The term ``unaccompanied
alien child'' has the meaning given such term in section
462(g) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)).
SEC. 119. ALIEN CRIMINAL BACKGROUND CHECKS.
(a) In General.--Not later than seven days after the date
of the enactment of this Act, the Commissioner shall certify
to the Committee on Homeland Security and the Committee on
the Judiciary of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and
the Committee on the Judiciary of the Senate that CBP has
real-time access to the criminal history databases of all
countries of origin and transit for aliens encountered by CBP
to perform criminal history background checks for such
aliens.
(b) Standards.--The certification required under subsection
(a) shall also include a determination whether the criminal
history databases of a country are accurate, up to date,
digitized, searchable, and otherwise meet the standards of
the Federal Bureau of Investigation for criminal history
databases maintained by State and local governments.
(c) Certification.--The Secretary shall annually submit to
the Committee on Homeland Security and the Committee on the
Judiciary of the House of Representatives and the Committee
on Homeland Security and Governmental Affairs and the
Committee on the Judiciary of the Senate a certification that
each database referred to in subsection (b) which the
Secretary accessed or sought
[[Page H2540]]
to access pursuant to this section met the standards
described in subsection (b).
SEC. 120. PROHIBITED IDENTIFICATION DOCUMENTS AT AIRPORT
SECURITY CHECKPOINTS; NOTIFICATION TO
IMMIGRATION AGENCIES.
(a) In General.--The Administrator may not accept as valid
proof of identification a prohibited identification document
at an airport security checkpoint.
(b) Notification to Immigration Agencies.--If an individual
presents a prohibited identification document to an officer
of the Transportation Security Administration at an airport
security checkpoint, the Administrator shall promptly notify
the Director of U.S. Immigration and Customs Enforcement, the
Director of U.S. Customs and Border Protection, and the head
of the appropriate local law enforcement agency to determine
whether the individual is in violation of any term of release
from the custody of any such agency.
(c) Entry Into Sterile Areas.--
(1) In general.--Except as provided in paragraph (2), if an
individual is found to be in violation of any term of release
under subsection (b), the Administrator may not permit such
individual to enter a sterile area.
(2) Exception.--An individual presenting a prohibited
identification document under this section may enter a
sterile area if the individual--
(A) is leaving the United States for the purposes of
removal or deportation; or
(B) presents a covered identification document.
(d) Collection of Biometric Information From Certain
Individuals Seeking Entry Into the Sterile Area of an
Airport.--Beginning not later than 120 days after the date of
the enactment of this Act, the Administrator shall collect
biometric information from an individual described in
subsection (e) prior to authorizing such individual to enter
into a sterile area.
(e) Individual Described.--An individual described in this
subsection is an individual who--
(1) is seeking entry into the sterile area of an airport;
(2) does not present a covered identification document; and
(3) the Administrator cannot verify is a national of the
United States.
(f) Participation in IDENT.--Beginning not later than 120
days after the date of the enactment of this Act, the
Administrator, in coordination with the Secretary, shall
submit biometric data collected under this section to the
Automated Biometric Identification System (IDENT).
(g) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(2) Biometric information.--The term ``biometric
information'' means any of the following:
(A) A fingerprint.
(B) A palm print.
(C) A photograph, including--
(i) a photograph of an individual's face for use with
facial recognition technology; and
(ii) a photograph of any physical or anatomical feature,
such as a scar, skin mark, or tattoo.
(D) A signature.
(E) A voice print.
(F) An iris image.
(3) Covered identification document.--The term ``covered
identification document'' means any of the following, if the
document is valid and unexpired:
(A) A United States passport or passport card.
(B) A biometrically secure card issued by a trusted
traveler program of the Department of Homeland Security,
including--
(i) Global Entry;
(ii) Nexus;
(iii) Secure Electronic Network for Travelers Rapid
Inspection (SENTRI); and
(iv) Free and Secure Trade (FAST).
(C) An identification card issued by the Department of
Defense, including such a card issued to a dependent.
(D) Any document required for admission to the United
States under section 211(a) of the Immigration and
Nationality Act (8 U.S.C. 1181(a)).
(E) An enhanced driver's license issued by a State.
(F) A photo identification card issued by a federally
recognized Indian Tribe.
(G) A personal identity verification credential issued in
accordance with Homeland Security Presidential Directive 12.
(H) A driver's license issued by a province of Canada.
(I) A Secure Certificate of Indian Status issued by the
Government of Canada.
(J) A Transportation Worker Identification Credential.
(K) A Merchant Mariner Credential issued by the Coast
Guard.
(L) A Veteran Health Identification Card issued by the
Department of Veterans Affairs.
(M) Any other document the Administrator determines,
pursuant to a rule making in accordance with section 553 of
title 5, United States Code, will satisfy the identity
verification procedures of the Transportation Security
Administration.
(4) Immigration laws.--The term ``immigration laws'' has
the meaning given that term in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101).
(5) Prohibited identification document.--The term
``prohibited identification document'' means any of the
following (or any applicable successor form):
(A) U.S. Immigration and Customs Enforcement Form I-200,
Warrant for Arrest of Alien.
(B) U.S. Immigration and Customs Enforcement Form I-205,
Warrant of Removal/Deportation.
(C) U.S. Immigration and Customs Enforcement Form I-220A,
Order of Release on Recognizance.
(D) U.S. Immigration and Customs Enforcement Form I-220B,
Order of Supervision.
(E) Department of Homeland Security Form I-862, Notice to
Appear.
(F) U.S. Customs and Border Protection Form I-94, Arrival/
Departure Record (including a print-out of an electronic
record).
(G) Department of Homeland Security Form I-385, Notice to
Report.
(H) Any document that directs an individual to report to
the Department of Homeland Security.
(I) Any Department of Homeland Security work authorization
or employment verification document.
(6) Sterile area.--The term ``sterile area'' has the
meaning given that term in section 1540.5 of title 49, Code
of Federal Regulations, or any successor regulation.
SEC. 121. PROHIBITION AGAINST ANY COVID-19 VACCINE MANDATE OR
ADVERSE ACTION AGAINST DHS EMPLOYEES.
(a) Limitation on Imposition of New Mandate.--The Secretary
may not issue any COVID-19 vaccine mandate unless Congress
expressly authorizes such a mandate.
(b) Prohibition on Adverse Action.--The Secretary may not
take any adverse action against a Department employee based
solely on the refusal of such employee to receive a vaccine
for COVID-19.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall report to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate on the following:
(1) The number of Department employees who were terminated
or resigned due to the COVID-19 vaccine mandate.
(2) An estimate of the cost to reinstate such employees.
(3) How the Department would effectuate reinstatement of
such employees.
(d) Retention and Development of Unvaccinated Employees.--
The Secretary shall make every effort to retain Department
employees who are not vaccinated against COVID-19 and provide
such employees with professional development, promotion and
leadership opportunities, and consideration equal to that of
their peers.
SEC. 122. CBP ONE APP LIMITATION.
(a) Limitation.--The Department may use the CBP One Mobile
Application or any other similar program, application,
internet-based portal, website, device, or initiative only
for inspection of perishable cargo.
(b) Report.--Not later than 60 days after the date of the
enactment of this Act, the Commissioner shall report to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate the date on which CBP
began using CBP One to allow aliens to schedule interviews at
land ports of entry, how many aliens have scheduled
interviews at land ports of entry using CBP One, the
nationalities of such aliens, and the stated final
destinations of such aliens within the United States, if any.
SEC. 123. REPORT ON MEXICAN DRUG CARTELS.
Not later than 60 days after the date of the enactment of
this Act, Congress shall commission a report that contains
the following:
(1) A national strategy to address Mexican drug cartels,
and a determination regarding whether there should be a
designation established to address such cartels.
(2) Information relating to actions by such cartels that
causes harm to the United States.
SEC. 124. GAO STUDY ON COSTS INCURRED BY STATES TO SECURE THE
SOUTHWEST BORDER.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct a study to examine the costs
incurred by individual States as a result of actions taken by
such States in support of the Federal mission to secure the
southwest border, and the feasibility of a program to
reimburse such States for such costs.
(b) Contents.--The study required under subsection (a)
shall include consideration of the following:
(1) Actions taken by the Department of Homeland Security
that have contributed to costs described in such subsection
incurred by States to secure the border in the absence of
Federal action, including the termination of the Migrant
Protection Protocols and cancellation of border wall
construction.
(2) Actions taken by individual States along the southwest
border to secure their borders, and the costs associated with
such actions.
(3) The feasibility of a program within the Department of
Homeland Security to reimburse States for the costs incurred
in support of the Federal mission to secure the southwest
border.
SEC. 125. REPORT BY INSPECTOR GENERAL OF THE DEPARTMENT OF
HOMELAND SECURITY.
(a) Report.--Not later than one year after the date of the
enactment of this Act and annually thereafter for five years,
the Inspector General of the Department of Homeland
[[Page H2541]]
Security shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report
examining the economic and security impact of mass migration
to municipalities and States along the southwest border. Such
report shall include information regarding costs incurred by
the following:
(1) State and local law enforcement to secure the southwest
border.
(2) Public school districts to educate students who are
aliens unlawfully present in the United States.
(3) Healthcare providers to provide care to aliens
unlawfully present in the United States who have not paid for
such care.
(4) Farmers and ranchers due to migration impacts to their
properties.
(b) Consultation.--To produce the report required under
subsection (a), the Inspector General of the Department of
Homeland Security shall consult with the individuals and
representatives of the entities described in paragraphs (1)
through (4) of such subsection.
SEC. 126. OFFSETTING AUTHORIZATIONS OF APPROPRIATIONS.
(a) Office of the Secretary and Emergency Management.--No
funds are authorized to be appropriated for the Alternatives
to Detention Case Management Pilot Program or the Office of
the Immigration Detention Ombudsman for the Office of the
Secretary and Emergency Management of the Department of
Homeland Security.
(b) Management Directorate.--No funds are authorized to be
appropriated for electric vehicles or St. Elizabeths campus
construction for the Management Directorate of the Department
of Homeland Security.
(c) Intelligence, Analysis, and Situational Awareness.--
There is authorized to be appropriated $216,000,000 for
Intelligence, Analysis, and Situational Awareness of the
Department of Homeland Security.
(d) U.S. Customs and Border Protection.--No funds are
authorized to be appropriated for the Shelter Services
Program for U.S. Customs and Border Protection.
SEC. 127. REPORT TO CONGRESS ON FOREIGN TERRORIST
ORGANIZATIONS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act and annually thereafter for five
years, the Secretary of Homeland Security shall submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate an assessment of foreign
terrorist organizations attempting to move their members or
affiliates into the United States through the southern,
northern, or maritime border.
(b) Definition.--In this section, the term ``foreign
terrorist organization'' means an organization described in
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
SEC. 128. ASSESSMENT BY INSPECTOR GENERAL OF THE DEPARTMENT
OF HOMELAND SECURITY ON THE MITIGATION OF
UNMANNED AIRCRAFT SYSTEMS AT THE SOUTHWEST
BORDER.
Not later than 90 days after the date of the enactment of
this Act, the Inspector General of the Department of Homeland
Security shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate an assessment
of U.S. Customs and Border Protection's ability to mitigate
unmanned aircraft systems at the southwest border. Such
assessment shall include information regarding any
intervention between January 1, 2021, and the date of the
enactment of this Act, by any Federal agency affecting in any
manner U.S. Customs and Border Protection's authority to so
mitigate such systems.
DIVISION B--IMMIGRATION ENFORCEMENT AND FOREIGN AFFAIRS
TITLE I--ASYLUM REFORM AND BORDER PROTECTION
SEC. 101. SAFE THIRD COUNTRY.
Section 208(a)(2)(A) of the Immigration and Nationality Act
(8 U.S.C. 1158(a)(2)(A)) is amended--
(1) by striking ``if the Attorney General determines'' and
inserting ``if the Attorney General or the Secretary of
Homeland Security determines--'';
(2) by striking ``that the alien may be removed'' and
inserting the following:
``(i) that the alien may be removed'';
(3) by striking ``, pursuant to a bilateral or multilateral
agreement, to'' and inserting ``to'';
(4) by inserting ``or the Secretary, on a case by case
basis,'' before ``finds that'';
(5) by striking the period at the end and inserting ``;
or''; and
(6) by adding at the end the following:
``(ii) that the alien entered, attempted to enter, or
arrived in the United States after transiting through at
least one country outside the alien's country of citizenship,
nationality, or last lawful habitual residence en route to
the United States, unless--
``(I) the alien demonstrates that he or she applied for
protection from persecution or torture in at least one
country outside the alien's country of citizenship,
nationality, or last lawful habitual residence through which
the alien transited en route to the United States, and the
alien received a final judgment denying the alien protection
in each country;
``(II) the alien demonstrates that he or she was a victim
of a severe form of trafficking in which a commercial sex act
was induced by force, fraud, or coercion, or in which the
person induced to perform such act was under the age of 18
years; or in which the trafficking included the recruitment,
harboring, transportation, provision, or obtaining of a
person for labor or services through the use of force, fraud,
or coercion for the purpose of subjection to involuntary
servitude, peonage, debt bondage, or slavery, and was unable
to apply for protection from persecution in each country
through which the alien transited en route to the United
States as a result of such severe form of trafficking; or
``(III) the only countries through which the alien
transited en route to the United States were, at the time of
the transit, not parties to the 1951 United Nations
Convention relating to the Status of Refugees, the 1967
Protocol Relating to the Status of Refugees, or the United
Nations Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment.''.
SEC. 102. CREDIBLE FEAR INTERVIEWS.
Section 235(b)(1)(B)(v) of the Immigration and Nationality
Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by striking
``there is a significant possibility'' and all that follows,
and inserting ``, taking into account the credibility of the
statements made by the alien in support of the alien's claim,
as determined pursuant to section 208(b)(1)(B)(iii), and such
other facts as are known to the officer, the alien more
likely than not could establish eligibility for asylum under
section 208, and it is more likely than not that the
statements made by, and on behalf of, the alien in support of
the alien's claim are true.''.
SEC. 103. CLARIFICATION OF ASYLUM ELIGIBILITY.
(a) In General.--Section 208(b)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1158(b)(1)(A)) is amended by
inserting after ``section 101(a)(42)(A)'' the following:
``(in accordance with the rules set forth in this section),
and is eligible to apply for asylum under subsection (a)''.
(b) Place of Arrival.--Section 208(a)(1) of the Immigration
and Nationality Act (8 U.S.C. 1158(a)(1)) is amended--
(1) by striking ``or who arrives in the United States
(whether or not at a designated port of arrival and including
an alien who is brought to the United States after having
been interdicted in international or United States
waters),''; and
(2) by inserting after ``United States'' the following:
``and has arrived in the United States at a port of entry
(including an alien who is brought to the United States after
having been interdicted in international or United States
waters),''.
SEC. 104. EXCEPTIONS.
Paragraph (2) of section 208(b) of the Immigration and
Nationality Act (8 U.S.C. 1158(b)(2)) is amended to read as
follows:
``(2) Exceptions.--
``(A) In general.--Paragraph (1) shall not apply to an
alien if the Secretary of Homeland Security or the Attorney
General determines that--
``(i) the alien ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular
social group, or political opinion;
``(ii) the alien has been convicted of any felony under
Federal, State, tribal, or local law;
``(iii) the alien has been convicted of any misdemeanor
offense under Federal, State, tribal, or local law
involving--
``(I) the unlawful possession or use of an identification
document, authentication feature, or false identification
document (as those terms and phrases are defined in the
jurisdiction where the conviction occurred), unless the alien
can establish that the conviction resulted from circumstances
showing that--
``(aa) the document or feature was presented before
boarding a common carrier;
``(bb) the document or feature related to the alien's
eligibility to enter the United States;
``(cc) the alien used the document or feature to depart a
country wherein the alien has claimed a fear of persecution;
and
``(dd) the alien claimed a fear of persecution without
delay upon presenting himself or herself to an immigration
officer upon arrival at a United States port of entry;
``(II) the unlawful receipt of a Federal public benefit (as
defined in section 401(c) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1611(c))), from a Federal entity, or the unlawful receipt of
similar public benefits from a State, tribal, or local
entity; or
``(III) possession or trafficking of a controlled substance
or controlled substance paraphernalia, as those phrases are
defined under the law of the jurisdiction where the
conviction occurred, other than a single offense involving
possession for one's own use of 30 grams or less of marijuana
(as marijuana is defined under the law of the jurisdiction
where the conviction occurred);
``(iv) the alien has been convicted of an offense arising
under paragraph (1)(A) or (2) of section 274(a), or under
section 276;
``(v) the alien has been convicted of a Federal, State,
tribal, or local crime that the Attorney General or Secretary
of Homeland Security knows, or has reason to believe, was
committed in support, promotion, or furtherance of the
activity of a criminal street gang (as defined under the law
of the jurisdiction where the conviction occurred or in
section 521(a) of title 18, United States Code);
[[Page H2542]]
``(vi) the alien has been convicted of an offense for
driving while intoxicated or impaired, as those terms are
defined under the law of the jurisdiction where the
conviction occurred (including a conviction for driving while
under the influence of or impaired by alcohol or drugs),
without regard to whether the conviction is classified as a
misdemeanor or felony under Federal, State, tribal, or local
law, in which such intoxicated or impaired driving was a
cause of serious bodily injury or death of another person;
``(vii) the alien has been convicted of more than one
offense for driving while intoxicated or impaired, as those
terms are defined under the law of the jurisdiction where the
conviction occurred (including a conviction for driving while
under the influence of or impaired by alcohol or drugs),
without regard to whether the conviction is classified as a
misdemeanor or felony under Federal, State, tribal, or local
law;
``(viii) the alien has been convicted of a crime--
``(I) that involves conduct amounting to a crime of
stalking;
``(II) of child abuse, child neglect, or child abandonment;
or
``(III) that involves conduct amounting to a domestic
assault or battery offense, including--
``(aa) a misdemeanor crime of domestic violence, as
described in section 921(a)(33) of title 18, United States
Code;
``(bb) a crime of domestic violence, as described in
section 40002(a)(12) of the Violence Against Women Act of
1994 (34 U.S.C. 12291(a)(12)); or
``(cc) any crime based on conduct in which the alien
harassed, coerced, intimidated, voluntarily or recklessly
used (or threatened to use) force or violence against, or
inflicted physical injury or physical pain, however slight,
upon a person--
``(AA) who is a current or former spouse of the alien;
``(BB) with whom the alien shares a child;
``(CC) who is cohabitating with, or who has cohabitated
with, the alien as a spouse;
``(DD) who is similarly situated to a spouse of the alien
under the domestic or family violence laws of the
jurisdiction where the offense occurred; or
``(EE) who is protected from that alien's acts under the
domestic or family violence laws of the United States or of
any State, tribal government, or unit of local government;
``(ix) the alien has engaged in acts of battery or extreme
cruelty upon a person and the person--
``(I) is a current or former spouse of the alien;
``(II) shares a child with the alien;
``(III) cohabitates or has cohabitated with the alien as a
spouse;
``(IV) is similarly situated to a spouse of the alien under
the domestic or family violence laws of the jurisdiction
where the offense occurred; or
``(V) is protected from that alien's acts under the
domestic or family violence laws of the United States or of
any State, tribal government, or unit of local government;
``(x) the alien, having been convicted by a final judgment
of a particularly serious crime, constitutes a danger to the
community of the United States;
``(xi) there are serious reasons for believing that the
alien has committed a serious nonpolitical crime outside the
United States prior to the arrival of the alien in the United
States;
``(xii) there are reasonable grounds for regarding the
alien as a danger to the security of the United States;
``(xiii) the alien is described in subclause (I), (II),
(III), (IV), or (VI) of section 212(a)(3)(B)(i) or section
237(a)(4)(B) (relating to terrorist activity), unless, in the
case only of an alien inadmissible under subclause (IV) of
section 212(a)(3)(B)(i), the Secretary of Homeland Security
or the Attorney General determines, in the Secretary's or the
Attorney General's discretion, that there are not reasonable
grounds for regarding the alien as a danger to the security
of the United States;
``(xiv) the alien was firmly resettled in another country
prior to arriving in the United States; or
``(xv) there are reasonable grounds for concluding the
alien could avoid persecution by relocating to another part
of the alien's country of nationality or, in the case of an
alien having no nationality, another part of the alien's
country of last habitual residence.
``(B) Special rules.--
``(i) Particularly serious crime; serious nonpolitical
crime outside the united states.--
``(I) In general.--For purposes of subparagraph (A)(x), the
Attorney General or Secretary of Homeland Security, in their
discretion, may determine that a conviction constitutes a
particularly serious crime based on--
``(aa) the nature of the conviction;
``(bb) the type of sentence imposed; or
``(cc) the circumstances and underlying facts of the
conviction.
``(II) Determination.--In making a determination under
subclause (I), the Attorney General or Secretary of Homeland
Security may consider all reliable information and is not
limited to facts found by the criminal court or provided in
the underlying record of conviction.
``(III) Treatment of felonies.--In making a determination
under subclause (I), an alien who has been convicted of a
felony (as defined under this section) or an aggravated
felony (as defined under section 101(a)(43)), shall be
considered to have been convicted of a particularly serious
crime.
``(IV) Interpol red notice.--In making a determination
under subparagraph (A)(xi), an Interpol Red Notice may
constitute reliable evidence that the alien has committed a
serious nonpolitical crime outside the United States.
``(ii) Crimes and exceptions.--
``(I) Driving while intoxicated or impaired.--A finding
under subparagraph (A)(vi) does not require the Attorney
General or Secretary of Homeland Security to find the first
conviction for driving while intoxicated or impaired
(including a conviction for driving while under the influence
of or impaired by alcohol or drugs) as a predicate offense.
The Attorney General or Secretary of Homeland Security need
only make a factual determination that the alien previously
was convicted for driving while intoxicated or impaired as
those terms are defined under the jurisdiction where the
conviction occurred (including a conviction for driving while
under the influence of or impaired by alcohol or drugs).
``(II) Stalking and other crimes.--In making a
determination under subparagraph (A)(viii), including
determining the existence of a domestic relationship between
the alien and the victim, the underlying conduct of the crime
may be considered, and the Attorney General or Secretary of
Homeland Security is not limited to facts found by the
criminal court or provided in the underlying record of
conviction.
``(III) Battery or extreme cruelty.--In making a
determination under subparagraph (A)(ix), the phrase `battery
or extreme cruelty' includes--
``(aa) any act or threatened act of violence, including any
forceful detention, which results or threatens to result in
physical or mental injury;
``(bb) psychological or sexual abuse or exploitation,
including rape, molestation, incest, or forced prostitution,
shall be considered acts of violence; and
``(cc) other abusive acts, including acts that, in and of
themselves, may not initially appear violent, but that are a
part of an overall pattern of violence.
``(IV) Exception for victims of domestic violence.--An
alien who was convicted of an offense described in clause
(viii) or (ix) of subparagraph (A) is not ineligible for
asylum on that basis if the alien satisfies the criteria
under section 237(a)(7)(A).
``(C) Specific circumstances.--Paragraph (1) shall not
apply to an alien whose claim is based on--
``(i) personal animus or retribution, including personal
animus in which the alleged persecutor has not targeted, or
manifested an animus against, other members of an alleged
particular social group in addition to the member who has
raised the claim at issue;
``(ii) the applicant's generalized disapproval of,
disagreement with, or opposition to criminal, terrorist,
gang, guerilla, or other non-state organizations absent
expressive behavior in furtherance of a discrete cause
against such organizations related to control of a State or
expressive behavior that is antithetical to the State or a
legal unit of the State;
``(iii) the applicant's resistance to recruitment or
coercion by guerrilla, criminal, gang, terrorist, or other
non-state organizations;
``(iv) the targeting of the applicant for criminal activity
for financial gain based on wealth or affluence or
perceptions of wealth or affluence;
``(v) the applicant's criminal activity; or
``(vi) the applicant's perceived, past or present, gang
affiliation.
``(D) Definitions and clarifications.--
``(i) Definitions.--For purposes of this paragraph:
``(I) Felony.--The term `felony' means--
``(aa) any crime defined as a felony by the relevant
jurisdiction (Federal, State, tribal, or local) of
conviction; or
``(bb) any crime punishable by more than one year of
imprisonment.
``(II) Misdemeanor.--The term `misdemeanor' means--
``(aa) any crime defined as a misdemeanor by the relevant
jurisdiction (Federal, State, tribal, or local) of
conviction; or
``(bb) any crime not punishable by more than one year of
imprisonment.
``(ii) Clarifications.--
``(I) Construction.--For purposes of this paragraph,
whether any activity or conviction also may constitute a
basis for removal is immaterial to a determination of asylum
eligibility.
``(II) Attempt, conspiracy, or solicitation.--For purposes
of this paragraph, all references to a criminal offense or
criminal conviction shall be deemed to include any attempt,
conspiracy, or solicitation to commit the offense or any
other inchoate form of the offense.
``(III) Effect of certain orders.--
``(aa) In general.--No order vacating a conviction,
modifying a sentence, clarifying a sentence, or otherwise
altering a conviction or sentence shall have any effect under
this paragraph unless the Attorney General or Secretary of
Homeland Security determines that--
``(AA) the court issuing the order had jurisdiction and
authority to do so; and
[[Page H2543]]
``(BB) the order was not entered for rehabilitative
purposes or for purposes of ameliorating the immigration
consequences of the conviction or sentence.
``(bb) Ameliorating immigration consequences.--For purposes
of item (aa)(BB), the order shall be presumed to be for the
purpose of ameliorating immigration consequences if--
``(AA) the order was entered after the initiation of any
proceeding to remove the alien from the United States; or
``(BB) the alien moved for the order more than one year
after the date of the original order of conviction or
sentencing, whichever is later.
``(cc) Authority of immigration judge.--An immigration
judge is not limited to consideration only of material
included in any order vacating a conviction, modifying a
sentence, or clarifying a sentence to determine whether such
order should be given any effect under this paragraph, but
may consider such additional information as the immigration
judge determines appropriate.
``(E) Additional limitations.--The Secretary of Homeland
Security or the Attorney General may by regulation establish
additional limitations and conditions, consistent with this
section, under which an alien shall be ineligible for asylum
under paragraph (1).
``(F) No judicial review.--There shall be no judicial
review of a determination of the Secretary of Homeland
Security or the Attorney General under subparagraph
(A)(xiii).''.
SEC. 105. EMPLOYMENT AUTHORIZATION.
Paragraph (2) of section 208(d) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)) is amended to read as
follows:
``(2) Employment authorization.--
``(A) Authorization permitted.--An applicant for asylum is
not entitled to employment authorization, but such
authorization may be provided under regulation by the
Secretary of Homeland Security. An applicant who is not
otherwise eligible for employment authorization shall not be
granted such authorization prior to the date that is 180 days
after the date of filing of the application for asylum.
``(B) Termination.--Each grant of employment authorization
under subparagraph (A), and any renewal or extension thereof,
shall be valid for a period of 6 months, except that such
authorization, renewal, or extension shall terminate prior to
the end of such 6 month period as follows:
``(i) Immediately following the denial of an asylum
application by an asylum officer, unless the case is referred
to an immigration judge.
``(ii) 30 days after the date on which an immigration judge
denies an asylum application, unless the alien timely appeals
to the Board of Immigration Appeals.
``(iii) Immediately following the denial by the Board of
Immigration Appeals of an appeal of a denial of an asylum
application.
``(C) Renewal.--The Secretary of Homeland Security may not
grant, renew, or extend employment authorization to an alien
if the alien was previously granted employment authorization
under subparagraph (A), and the employment authorization was
terminated pursuant to a circumstance described in
subparagraph (B)(i), (ii), or (iii), unless a Federal court
of appeals remands the alien's case to the Board of
Immigration Appeals.
``(D) Ineligibility.--The Secretary of Homeland Security
may not grant employment authorization to an alien under this
paragraph if the alien--
``(i) is ineligible for asylum under subsection (b)(2)(A);
or
``(ii) entered or attempted to enter the United States at a
place and time other than lawfully through a United States
port of entry.''.
SEC. 106. ASYLUM FEES.
Paragraph (3) of section 208(d) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)) is amended to read as
follows:
``(3) Fees.--
``(A) Application fee.--A fee of not less than $50 for each
application for asylum shall be imposed. Such fee shall not
exceed the cost of adjudicating the application. Such fee
shall not apply to an unaccompanied alien child who files an
asylum application in proceedings under section 240.
``(B) Employment authorization.--A fee may also be imposed
for the consideration of an application for employment
authorization under this section and for adjustment of status
under section 209(b). Such a fee shall not exceed the cost of
adjudicating the application.
``(C) Payment.--Fees under this paragraph may be assessed
and paid over a period of time or by installments.
``(D) Rule of construction.--Nothing in this paragraph
shall be construed to limit the authority of the Attorney
General or Secretary of Homeland Security to set adjudication
and naturalization fees in accordance with section 286(m).''.
SEC. 107. RULES FOR DETERMINING ASYLUM ELIGIBILITY.
Section 208 of the Immigration and Nationality Act (8
U.S.C. 1158) is amended by adding at the end the following:
``(f) Rules for Determining Asylum Eligibility.--In making
a determination under subsection (b)(1)(A) with respect to
whether an alien is a refugee within the meaning of section
101(a)(42)(A), the following shall apply:
``(1) Particular social group.--The Secretary of Homeland
Security or the Attorney General shall not determine that an
alien is a member of a particular social group unless the
alien articulates on the record, or provides a basis on the
record for determining, the definition and boundaries of the
alleged particular social group, establishes that the
particular social group exists independently from the alleged
persecution, and establishes that the alien's claim of
membership in a particular social group does not involve--
``(A) past or present criminal activity or association
(including gang membership);
``(B) presence in a country with generalized violence or a
high crime rate;
``(C) being the subject of a recruitment effort by
criminal, terrorist, or persecutory groups;
``(D) the targeting of the applicant for criminal activity
for financial gain based on perceptions of wealth or
affluence;
``(E) interpersonal disputes of which governmental
authorities in the relevant society or region were unaware or
uninvolved;
``(F) private criminal acts of which governmental
authorities in the relevant society or region were unaware or
uninvolved;
``(G) past or present terrorist activity or association;
``(H) past or present persecutory activity or association;
or
``(I) status as an alien returning from the United States.
``(2) Political opinion.--The Secretary of Homeland
Security or the Attorney General may not determine that an
alien holds a political opinion with respect to which the
alien is subject to persecution if the political opinion is
constituted solely by generalized disapproval of,
disagreement with, or opposition to criminal, terrorist,
gang, guerilla, or other non-state organizations and does not
include expressive behavior in furtherance of a cause against
such organizations related to efforts by the State to control
such organizations or behavior that is antithetical to or
otherwise opposes the ruling legal entity of the State or a
unit thereof.
``(3) Persecution.--The Secretary of Homeland Security or
the Attorney General may not determine that an alien has been
subject to persecution or has a well-founded fear of
persecution based only on--
``(A) the existence of laws or government policies that are
unenforced or infrequently enforced, unless there is credible
evidence that such a law or policy has been or would be
applied to the applicant personally; or
``(B) the conduct of rogue foreign government officials
acting outside the scope of their official capacity.
``(4) Discretionary determination.--
``(A) Adverse discretionary factors.--The Secretary of
Homeland Security or the Attorney General may only grant
asylum to an alien if the alien establishes that he or she
warrants a favorable exercise of discretion. In making such a
determination, the Attorney General or Secretary of Homeland
Security shall consider, if applicable, an alien's use of
fraudulent documents to enter the United States, unless the
alien arrived in the United States by air, sea, or land
directly from the applicant's home country without transiting
through any other country.
``(B) Favorable exercise of discretion not permitted.--
Except as provided in subparagraph (C), the Attorney General
or Secretary of Homeland Security shall not favorably
exercise discretion under this section for any alien who--
``(i) has accrued more than one year of unlawful presence
in the United States, as defined in sections 212(a)(9)(B)(ii)
and (iii), prior to filing an application for asylum;
``(ii) at the time the asylum application is filed with the
immigration court or is referred from the Department of
Homeland Security, has--
``(I) failed to timely file (or timely file a request for
an extension of time to file) any required Federal, State, or
local income tax returns;
``(II) failed to satisfy any outstanding Federal, State, or
local tax obligations; or
``(III) income that would result in tax liability under
section 1 of the Internal Revenue Code of 1986 and that was
not reported to the Internal Revenue Service;
``(iii) has had two or more prior asylum applications
denied for any reason;
``(iv) has withdrawn a prior asylum application with
prejudice or been found to have abandoned a prior asylum
application;
``(v) failed to attend an interview regarding his or her
asylum application with the Department of Homeland Security,
unless the alien shows by a preponderance of the evidence
that--
``(I) exceptional circumstances prevented the alien from
attending the interview; or
``(II) the interview notice was not mailed to the last
address provided by the alien or the alien's representative
and neither the alien nor the alien's representative received
notice of the interview; or
``(vi) was subject to a final order of removal,
deportation, or exclusion and did not file a motion to reopen
to seek asylum based on changed country conditions within one
year of the change in country conditions.
``(C) Exceptions.--If one or more of the adverse
discretionary factors set forth in subparagraph (B) are
present, the Attorney General or the Secretary, may,
notwithstanding such subparagraph (B), favorably exercise
discretion under section 208--
``(i) in extraordinary circumstances, such as those
involving national security or foreign policy considerations;
or
``(ii) if the alien, by clear and convincing evidence,
demonstrates that the denial of the
[[Page H2544]]
application for asylum would result in exceptional and
extremely unusual hardship to the alien.
``(5) Limitation.--If the Secretary or the Attorney General
determines that an alien fails to satisfy the requirement
under paragraph (1), the alien may not be granted asylum
based on membership in a particular social group, and may not
appeal the determination of the Secretary or Attorney
General, as applicable. A determination under this paragraph
shall not serve as the basis for any motion to reopen or
reconsider an application for asylum or withholding of
removal for any reason, including a claim of ineffective
assistance of counsel, unless the alien complies with the
procedural requirements for such a motion and demonstrates
that counsel's failure to define, or provide a basis for
defining, a formulation of a particular social group was both
not a strategic choice and constituted egregious conduct.
``(6) Stereotypes.--Evidence offered in support of an
application for asylum that promotes cultural stereotypes
about a country, its inhabitants, or an alleged persecutor,
including stereotypes based on race, religion, nationality,
or gender, shall not be admissible in adjudicating that
application, except that evidence that an alleged persecutor
holds stereotypical views of the applicant shall be
admissible.
``(7) Definitions.--In this section:
``(A) The term `membership in a particular social group'
means membership in a group that is--
``(i) composed of members who share a common immutable
characteristic;
``(ii) defined with particularity; and
``(iii) socially distinct within the society in question.
``(B) The term `political opinion' means an ideal or
conviction in support of the furtherance of a discrete cause
related to political control of a state or a unit thereof.
``(C) The term `persecution' means the infliction of a
severe level of harm constituting an exigent threat by the
government of a country or by persons or an organization that
the government was unable or unwilling to control. Such term
does not include--
``(i) generalized harm or violence that arises out of
civil, criminal, or military strife in a country;
``(ii) all treatment that the United States regards as
unfair, offensive, unjust, unlawful, or unconstitutional;
``(iii) intermittent harassment, including brief
detentions;
``(iv) threats with no actual effort to carry out the
threats, except that particularized threats of severe harm of
an immediate and menacing nature made by an identified entity
may constitute persecution; or
``(v) non-severe economic harm or property damage.''.
SEC. 108. FIRM RESETTLEMENT.
Section 208 of the Immigration and Nationality Act (8
U.S.C. 1158), as amended by this title, is further amended by
adding at the end the following:
``(g) Firm Resettlement.--In determining whether an alien
was firmly resettled in another country prior to arriving in
the United States under subsection (b)(2)(A)(xiv), the
following shall apply:
``(1) In general.--An alien shall be considered to have
firmly resettled in another country if, after the events
giving rise to the alien's asylum claim--
``(A) the alien resided in a country through which the
alien transited prior to arriving in or entering the United
States and--
``(i) received or was eligible for any permanent legal
immigration status in that country;
``(ii) resided in such a country with any non-permanent but
indefinitely renewable legal immigration status (including
asylee, refugee, or similar status, but excluding status of a
tourist); or
``(iii) resided in such a country and could have applied
for and obtained an immigration status described in clause
(ii);
``(B) the alien physically resided voluntarily, and without
continuing to suffer persecution or torture, in any one
country for one year or more after departing his country of
nationality or last habitual residence and prior to arrival
in or entry into the United States, except for any time spent
in Mexico by an alien who is not a native or citizen of
Mexico solely as a direct result of being returned to Mexico
pursuant to section 235(b)(3) or of being subject to
metering; or
``(C) the alien is a citizen of a country other than the
country in which the alien alleges a fear of persecution, or
was a citizen of such a country in the case of an alien who
renounces such citizenship, and the alien was present in that
country after departing his country of nationality or last
habitual residence and prior to arrival in or entry into the
United States.
``(2) Burden of proof.--If an immigration judge determines
that an alien has firmly resettled in another country under
paragraph (1), the alien shall bear the burden of proving the
bar does not apply.
``(3) Firm resettlement of parent.--An alien shall be
presumed to have been firmly resettled in another country if
the alien's parent was firmly resettled in another country,
the parent's resettlement occurred before the alien turned 18
years of age, and the alien resided with such parent at the
time of the firm resettlement, unless the alien establishes
that he or she could not have derived any permanent legal
immigration status or any non-permanent but indefinitely
renewable legal immigration status (including asylum,
refugee, or similar status, but excluding status of a
tourist) from the alien's parent.''.
SEC. 109. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.
(a) In General.--Section 208(d)(4) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``the Secretary of Homeland Security or'' before ``the
Attorney General'';
(2) in subparagraph (A), by striking ``and of the
consequences, under paragraph (6), of knowingly filing a
frivolous application for asylum; and'' and inserting a
semicolon;
(3) in subparagraph (B), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) ensure that a written warning appears on the asylum
application advising the alien of the consequences of filing
a frivolous application and serving as notice to the alien of
the consequence of filing a frivolous application.''.
(b) Conforming Amendment.--Section 208(d)(6) of the
Immigration and Nationality Act (8 U.S.C. 1158(d)(6)) is
amended by striking ``If the'' and all that follows and
inserting:
``(A) In general.--If the Secretary of Homeland Security or
the Attorney General determines that an alien has knowingly
made a frivolous application for asylum and the alien has
received the notice under paragraph (4)(C), the alien shall
be permanently ineligible for any benefits under this
chapter, effective as the date of the final determination of
such an application.
``(B) Criteria.--An application is frivolous if the
Secretary of Homeland Security or the Attorney General
determines, consistent with subparagraph (C), that--
``(i) it is so insufficient in substance that it is clear
that the applicant knowingly filed the application solely or
in part to delay removal from the United States, to seek
employment authorization as an applicant for asylum pursuant
to regulations issued pursuant to paragraph (2), or to seek
issuance of a Notice to Appear in order to pursue
Cancellation of Removal under section 240A(b); or
``(ii) any of the material elements are knowingly
fabricated.
``(C) Sufficient opportunity to clarify.--In determining
that an application is frivolous, the Secretary or the
Attorney General, must be satisfied that the applicant,
during the course of the proceedings, has had sufficient
opportunity to clarify any discrepancies or implausible
aspects of the claim.
``(D) Withholding of removal not precluded.--For purposes
of this section, a finding that an alien filed a frivolous
asylum application shall not preclude the alien from seeking
withholding of removal under section 241(b)(3) or protection
pursuant to the Convention Against Torture.''.
SEC. 110. TECHNICAL AMENDMENTS.
Section 208 of the Immigration and Nationality Act (8
U.S.C. 1158) is amended--
(1) in subsection (a)--
(A) in paragraph (2)(D), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General''; and
(B) in paragraph (3), by inserting ``Secretary of Homeland
Security or the'' before ``Attorney General'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``Attorney General'' each
place such term appears and inserting ``Secretary of Homeland
Security'';
(B) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``Secretary of Homeland Security or the''
before ``Attorney General''; and
(C) in paragraph (3), by inserting ``Secretary of Homeland
Security or the'' before ``Attorney General''; and
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``Secretary of Homeland
Security or the'' before ``Attorney General'' each place such
term appears; and
(B) in paragraph (5)--
(i) in subparagraph (A), by striking ``Attorney General''
and inserting ``Secretary of Homeland Security''; and
(ii) in subparagraph (B), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General''.
SEC. 111. REQUIREMENT FOR PROCEDURES RELATING TO CERTAIN
ASYLUM APPLICATIONS.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Attorney General shall
establish procedures to expedite the adjudication of asylum
applications for aliens--
(1) who are subject to removal proceedings under section
240 of the Immigration and Nationality Act (8 U.S.C. 1229a);
and
(2) who are nationals of a Western Hemisphere country
sanctioned by the United States, as described in subsection
(b), as of January 1, 2024.
(b) Western Hemisphere Country Sanctioned by the United
States Described.--Subsection (a) shall apply only to an
asylum application filed by an alien who is a national of a
Western Hemisphere country subject to sanctions pursuant to--
(1) the Cuban Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996 (22 U.S.C. 6021 note);
(2) the Reinforcing Nicaragua's Adherence to Conditions for
Electoral Reform Act of 2021 or the RENACER Act (50 U.S.C.
1701 note); or
(3) Executive Order 13692 (80 Fed. Reg. 12747; declaring a
national emergency with respect to the situation in
Venezuela).
(c) Applicability.--This section shall only apply to an
alien who files an application for
[[Page H2545]]
asylum after the date of the enactment of this Act.
TITLE II--BORDER SAFETY AND MIGRANT PROTECTION
SEC. 201. INSPECTION OF APPLICANTS FOR ADMISSION.
Section 235 of the Immigration and Nationality Act (8
U.S.C. 1225) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clauses (i) and (ii), by striking ``section
212(a)(6)(C)'' inserting ``subparagraph (A) or (C) of section
212(a)(6)''; and
(II) by adding at the end the following:
``(iv) Ineligibility for parole.--An alien described in
clause (i) or (ii) shall not be eligible for parole except as
expressly authorized pursuant to section 212(d)(5), or for
parole or release pursuant to section 236(a).''; and
(ii) in subparagraph (B)--
(I) in clause (ii), by striking ``asylum.'' and inserting
``asylum and shall not be released (including pursuant to
parole or release pursuant to section 236(a) but excluding as
expressly authorized pursuant to section 212(d)(5)) other
than to be removed or returned to a country as described in
paragraph (3).''; and
(II) in clause (iii)(IV)--
(aa) in the header by striking ``detention'' and inserting
``detention, return, or removal''; and
(bb) by adding at the end the following: ``The alien shall
not be released (including pursuant to parole or release
pursuant to section 236(a) but excluding as expressly
authorized pursuant to section 212(d)(5)) other than to be
removed or returned to a country as described in paragraph
(3).'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``Subject to subparagraphs (B) and (C),''
and inserting ``Subject to subparagraph (B) and paragraph
(3),''; and
(II) by adding at the end the following: ``The alien shall
not be released (including pursuant to parole or release
pursuant to section 236(a) but excluding as expressly
authorized pursuant to section 212(d)(5)) other than to be
removed or returned to a country as described in paragraph
(3).''; and
(ii) by striking subparagraph (C);
(C) by redesignating paragraph (3) as paragraph (5); and
(D) by inserting after paragraph (2) the following:
``(3) Return to foreign territory contiguous to the united
states.--
``(A) In general.--The Secretary of Homeland Security may
return to a foreign territory contiguous to the United States
any alien arriving on land from that territory (whether or
not at a designated port of entry) pending a proceeding under
section 240 or review of a determination under subsection
(b)(1)(B)(iii)(III).
``(B) Mandatory return.--If at any time the Secretary of
Homeland Security cannot--
``(i) comply with its obligations to detain an alien as
required under clauses (ii) and (iii)(IV) of subsection
(b)(1)(B) and subsection (b)(2)(A); or
``(ii) remove an alien to a country described in section
208(a)(2)(A),
the Secretary of Homeland Security shall, without exception,
including pursuant to parole or release pursuant to section
236(a) but excluding as expressly authorized pursuant to
section 212(d)(5), return to a foreign territory contiguous
to the United States any alien arriving on land from that
territory (whether or not at a designated port of entry)
pending a proceeding under section 240 or review of a
determination under subsection (b)(1)(B)(iii)(III).
``(4) Enforcement by state attorneys general.--The attorney
general of a State, or other authorized State officer,
alleging a violation of the detention, return, or removal
requirements under paragraph (1), (2), or (3) that affects
such State or its residents, may bring an action against the
Secretary of Homeland Security on behalf of the residents of
the State in an appropriate United States district court to
obtain appropriate injunctive relief.''; and
(2) by adding at the end the following:
``(e) Authority To Prohibit Introduction of Certain
Aliens.--If the Secretary of Homeland Security determines, in
his discretion, that the prohibition of the introduction of
aliens who are inadmissible under subparagraph (A) or (C) of
section 212(a)(6) or under section 212(a)(7) at an
international land or maritime border of the United States is
necessary to achieve operational control (as defined in
section 2 of the Secure Fence Act of 2006 (8 U.S.C. 1701
note)) of such border, the Secretary may prohibit, in whole
or in part, the introduction of such aliens at such border
for such period of time as the Secretary determines is
necessary for such purpose.''.
SEC. 202. OPERATIONAL DETENTION FACILITIES.
(a) In General.--Not later than September 30, 2024, the
Secretary of Homeland Security shall take all necessary
actions to reopen or restore all U.S. Immigration and Customs
Enforcement detention facilities that were in operation on
January 20, 2021, that subsequently closed or with respect to
which the use was altered, reduced, or discontinued after
January 20, 2021. In carrying out the requirement under this
subsection, the Secretary may use the authority under section
103(a)(11) of the Immigration and Nationality Act (8 U.S.C.
1103(a)(11)).
(b) Specific Facilities.--The requirement under subsection
(a) shall include at a minimum, reopening, or restoring, the
following facilities:
(1) Irwin County Detention Center in Georgia.
(2) C. Carlos Carreiro Immigration Detention Center in
Bristol County, Massachusetts.
(3) Etowah County Detention Center in Gadsden, Alabama.
(4) Glades County Detention Center in Moore Haven, Florida.
(5) South Texas Family Residential Center.
(c) Exception.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the Secretary of Homeland Security is authorized to
obtain equivalent capacity for detention facilities at
locations other than those listed in subsection (b).
(2) Limitation.--The Secretary may not take action under
paragraph (1) unless the capacity obtained would result in a
reduction of time and cost relative to the cost and time
otherwise required to obtain such capacity.
(3) South texas family residential center.--The exception
under paragraph (1) shall not apply to the South Texas Family
Residential Center. The Secretary shall take all necessary
steps to modify and operate the South Texas Family
Residential Center in the same manner and capability it was
operating on January 20, 2021.
(d) Periodic Report.--Not later than 90 days after the date
of the enactment of this Act, and every 90 days thereafter
until September 30, 2027, the Secretary of Homeland Security
shall submit to the appropriate congressional committees a
detailed plan for and a status report on--
(1) compliance with the deadline under subsection (a);
(2) the increase in detention capabilities required by this
section--
(A) for the 90 day period immediately preceding the date
such report is submitted; and
(B) for the period beginning on the first day of the fiscal
year during which the report is submitted, and ending on the
date such report is submitted;
(3) the number of detention beds that were used and the
number of available detention beds that were not used
during--
(A) the 90 day period immediately preceding the date such
report is submitted; and
(B) the period beginning on the first day of the fiscal
year during which the report is submitted, and ending on the
date such report is submitted;
(4) the number of aliens released due to a lack of
available detention beds; and
(5) the resources the Department of Homeland Security needs
in order to comply with the requirements under this section.
(e) Notification.--The Secretary of Homeland Security shall
notify Congress, and include with such notification a
detailed description of the resources the Department of
Homeland Security needs in order to detain all aliens whose
detention is mandatory or nondiscretionary under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.)--
(1) not later than 5 days after all U.S. Immigration and
Customs Enforcement detention facilities reach 90 percent of
capacity;
(2) not later than 5 days after all U.S. Immigration and
Customs Enforcement detention facilities reach 95 percent of
capacity; and
(3) not later than 5 days after all U.S. Immigration and
Customs Enforcement detention facilities reach full capacity.
(f) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on the Judiciary of the House of
Representatives;
(2) the Committee on Appropriations of the House of
Representatives;
(3) the Committee on the Judiciary of the Senate; and
(4) the Committee on Appropriations of the Senate.
TITLE III--PREVENTING UNCONTROLLED MIGRATION FLOWS IN THE WESTERN
HEMISPHERE
SEC. 301. UNITED STATES POLICY REGARDING WESTERN HEMISPHERE
COOPERATION ON IMMIGRATION AND ASYLUM.
It is the policy of the United States to enter into
agreements, accords, and memoranda of understanding with
countries in the Western Hemisphere, the purposes of which
are to advance the interests of the United States by reducing
costs associated with illegal immigration and to protect the
human capital, societal traditions, and economic growth of
other countries in the Western Hemisphere. It is further the
policy of the United States to ensure that humanitarian and
development assistance funding aimed at reducing illegal
immigration is not expended on programs that have not proven
to reduce illegal immigrant flows in the aggregate.
SEC. 302. NEGOTIATIONS BY SECRETARY OF STATE.
(a) Authorization To Negotiate.--The Secretary of State
shall seek to negotiate agreements, accords, and memoranda of
understanding between the United States, Mexico, Honduras, El
Salvador, Guatemala, and other countries in the Western
Hemisphere with respect to cooperation and burden sharing
required for effective regional immigration enforcement,
expediting legal claims by aliens for asylum, and the
processing, detention, and repatriation of foreign nationals
seeking to enter the United States unlawfully. Such
agreements shall be designed to
[[Page H2546]]
facilitate a regional approach to immigration enforcement and
shall, at a minimum, provide that--
(1) the Government of Mexico authorize and accept the rapid
entrance into Mexico of nationals of countries other than
Mexico who seek asylum in Mexico, and process the asylum
claims of such nationals inside Mexico, in accordance with
both domestic law and international treaties and conventions
governing the processing of asylum claims;
(2) the Government of Mexico authorize and accept both the
rapid entrance into Mexico of all nationals of countries
other than Mexico who are ineligible for asylum in Mexico and
wish to apply for asylum in the United States, whether or not
at a port of entry, and the continued presence of such
nationals in Mexico while they wait for the adjudication of
their asylum claims to conclude in the United States;
(3) the Government of Mexico commit to provide the
individuals described in paragraphs (1) and (2) with
appropriate humanitarian protections;
(4) the Government of Honduras, the Government of El
Salvador, and the Government of Guatemala each authorize and
accept the entrance into the respective countries of
nationals of other countries seeking asylum in the applicable
such country and process such claims in accordance with
applicable domestic law and international treaties and
conventions governing the processing of asylum claims;
(5) the Government of the United States commit to work to
accelerate the adjudication of asylum claims and to conclude
removal proceedings in the wake of asylum adjudications as
expeditiously as possible;
(6) the Government of the United States commit to continue
to assist the governments of countries in the Western
Hemisphere, such as the Government of Honduras, the
Government of El Salvador, and the Government of Guatemala,
by supporting the enhancement of asylum capacity in those
countries; and
(7) the Government of the United States commit to
monitoring developments in hemispheric immigration trends and
regional asylum capabilities to determine whether additional
asylum cooperation agreements are warranted.
(b) Notification in Accordance With Case-Zablocki Act.--The
Secretary of State shall, in accordance with section 112b of
title 1, United States Code, promptly inform the relevant
congressional committees of each agreement entered into
pursuant to subsection (a). Such notifications shall be
submitted not later than 48 hours after such agreements are
signed.
(c) Alien Defined.--In this section, the term ``alien'' has
the meaning given such term in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101).
SEC. 303. MANDATORY BRIEFINGS ON UNITED STATES EFFORTS TO
ADDRESS THE BORDER CRISIS.
(a) Briefing Required.--Not later than 90 days after the
date of the enactment of this Act, and not less frequently
than once every 90 days thereafter until the date described
in subsection (b), the Secretary of State, or the designee of
the Secretary of State, shall provide to the appropriate
congressional committees an in-person briefing on efforts
undertaken pursuant to the negotiation authority provided by
section 302 of this title to monitor, deter, and prevent
illegal immigration to the United States, including by
entering into agreements, accords, and memoranda of
understanding with foreign countries and by using United
States foreign assistance to stem the root causes of
migration in the Western Hemisphere.
(b) Termination of Mandatory Briefing.--The date described
in this subsection is the date on which the Secretary of
State, in consultation with the heads of other relevant
Federal departments and agencies, determines and certifies to
the appropriate congressional committees that illegal
immigration flows have subsided to a manageable rate.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
TITLE IV--ENSURING UNITED FAMILIES AT THE BORDER
SEC. 401. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.
(a) In General.--Section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232) is amended by adding at the end the following:
``(j) Construction.--
``(1) In general.--Notwithstanding any other provision of
law, judicial determination, consent decree, or settlement
agreement, the detention of any alien child who is not an
unaccompanied alien child shall be governed by sections 217,
235, 236, and 241 of the Immigration and Nationality Act (8
U.S.C. 1187, 1225, 1226, and 1231). There is no presumption
that an alien child who is not an unaccompanied alien child
should not be detained.
``(2) Family detention.--The Secretary of Homeland Security
shall--
``(A) maintain the care and custody of an alien, during the
period during which the charges described in clause (i) are
pending, who--
``(i) is charged only with a misdemeanor offense under
section 275(a) of the Immigration and Nationality Act (8
U.S.C. 1325(a)); and
``(ii) entered the United States with the alien's child who
has not attained 18 years of age; and
``(B) detain the alien with the alien's child.''.
(b) Sense of Congress.--It is the sense of Congress that
the amendments in this section to section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232) are intended to satisfy the
requirements of the Settlement Agreement in Flores v. Meese,
No. 85-4544 (C.D. Cal), as approved by the court on January
28, 1997, with respect to its interpretation in Flores v.
Johnson, 212 F. Supp. 3d 864 (C.D. Cal. 2015), that the
agreement applies to accompanied minors.
(c) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act
and shall apply to all actions that occur before, on, or
after such date.
(d) Preemption of State Licensing Requirements.--
Notwithstanding any other provision of law, judicial
determination, consent decree, or settlement agreement, no
State may require that an immigration detention facility used
to detain children who have not attained 18 years of age, or
families consisting of one or more of such children and the
parents or legal guardians of such children, that is located
in that State, be licensed by the State or any political
subdivision thereof.
TITLE V--PROTECTION OF CHILDREN
SEC. 501. FINDINGS.
Congress makes the following findings:
(1) Implementation of the provisions of the Trafficking
Victims Protection Reauthorization Act of 2008 that govern
unaccompanied alien children has incentivized multiple surges
of unaccompanied alien children arriving at the southwest
border in the years since the bill's enactment.
(2) The provisions of the Trafficking Victims Protection
Reauthorization Act of 2008 that govern unaccompanied alien
children treat unaccompanied alien children from countries
that are contiguous to the United States disparately by
swiftly returning them to their home country absent
indications of trafficking or a credible fear of return, but
allowing for the release of unaccompanied alien children from
noncontiguous countries into the interior of the United
States, often to those individuals who paid to smuggle them
into the country in the first place.
(3) The provisions of the Trafficking Victims Protection
Reauthorization Act of 2008 governing unaccompanied alien
children have enriched the cartels, who profit hundreds of
millions of dollars each year by smuggling unaccompanied
alien children to the southwest border, exploiting and
sexually abusing many such unaccompanied alien children on
the perilous journey.
(4) Prior to 2008, the number of unaccompanied alien
children encountered at the southwest border never exceeded
1,000 in a single year.
(5) The United States is currently in the midst of the
worst crisis of unaccompanied alien children in our nation's
history, with over 350,000 such unaccompanied alien children
encountered at the southwest border since Joe Biden became
President.
(6) In 2022, during the Biden Administration, 152,057
unaccompanied alien children were encountered, the most ever
in a single year and an over 400 percent increase compared to
the last full fiscal year of the Trump Administration in
which 33,239 unaccompanied alien children were encountered.
(7) The Biden Administration has lost contact with at least
85,000 unaccompanied alien children who entered the United
States since Joe Biden took office.
(8) The Biden Administration dismantled effective
safeguards put in place by the Trump Administration that
protected unaccompanied alien children from being abused by
criminals or exploited for illegal and dangerous child labor.
(9) A recent New York Times investigation found that
unaccompanied alien children are being exploited in the labor
market and ``are ending up in some of the most punishing jobs
in the country.''.
(10) The Times investigation found unaccompanied alien
children, ``under intense pressure to earn money'' in order
to ``send cash back to their families while often being in
debt to their sponsors for smuggling fees, rent, and living
expenses,'' feared ``that they had become trapped in
circumstances they never could have imagined.''.
(11) The Biden Administration's Department of Health and
Human Services Secretary Xavier Becerra compared placing
unaccompanied alien children with sponsors, to widgets in an
assembly line, stating that, ``If Henry Ford had seen this in
his plant, he would have never become famous and rich. This
is not the way you do an assembly line.''.
(12) Department of Health and Human Services employees
working under Secretary Xavier Becerra's leadership penned a
July 2021 memorandum expressing serious concern that ``labor
trafficking was increasing'' and that the agency had become
``one that rewards individuals for making quick releases, and
not one that rewards individuals for preventing unsafe
releases.''.
(13) Despite this, Secretary Xavier Becerra pressured then-
Director of the Office of Refugee Resettlement Cindy Huang to
prioritize releases of unaccompanied alien children over
ensuring their safety, telling her ``if she could not
increase the number of discharges he would find someone who
could'' and then-Director Huang resigned one month later.
[[Page H2547]]
(14) In June 2014, the Obama-Biden Administration requested
legal authority to exercise discretion in returning and
removing unaccompanied alien children from non-contiguous
countries back to their home countries.
(15) In August 2014, the House of Representatives passed
H.R. 5320, which included the Protection of Children Act.
(16) This title ends the disparate policies of the
Trafficking Victims Protection Reauthorization Act of 2008 by
ensuring the swift return of all unaccompanied alien children
to their country of origin if they are not victims of
trafficking and do not have a fear of return.
SEC. 502. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.
(a) In General.--Section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by amending the heading to read as follows: ``Rules for
unaccompanied alien children.--'';
(ii) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking ``who
is a national or habitual resident of a country that is
contiguous with the United States'';
(II) in clause (i), by inserting ``and'' at the end;
(III) in clause (ii), by striking ``; and'' and inserting a
period; and
(IV) by striking clause (iii); and
(iii) in subparagraph (B)--
(I) in the matter preceding clause (i), by striking ``(8
U.S.C. 1101 et seq.) may--'' and inserting ``(8 U.S.C. 1101
et seq.)--'';
(II) in clause (i), by inserting before ``permit such child
to withdraw'' the following: ``may''; and
(III) in clause (ii), by inserting before ``return such
child'' the following: ``shall''; and
(B) in paragraph (5)(D)--
(i) in the matter preceding clause (i), by striking ``,
except for an unaccompanied alien child from a contiguous
country subject to exceptions under subsection (a)(2),'' and
inserting ``who does not meet the criteria listed in
paragraph (2)(A)''; and
(ii) in clause (i), by inserting before the semicolon at
the end the following: ``, which shall include a hearing
before an immigration judge not later than 14 days after
being screened under paragraph (4)'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting before the semicolon
the following: ``believed not to meet the criteria listed in
subsection (a)(2)(A)''; and
(ii) in subparagraph (B), by inserting before the period
the following: ``and does not meet the criteria listed in
subsection (a)(2)(A)''; and
(B) in paragraph (3), by striking ``an unaccompanied alien
child in custody shall'' and all that follows, and inserting
the following: ``an unaccompanied alien child in custody--
``(A) in the case of a child who does not meet the criteria
listed in subsection (a)(2)(A), shall transfer the custody of
such child to the Secretary of Health and Human Services not
later than 30 days after determining that such child is an
unaccompanied alien child who does not meet such criteria; or
``(B) in the case of a child who meets the criteria listed
in subsection (a)(2)(A), may transfer the custody of such
child to the Secretary of Health and Human Services after
determining that such child is an unaccompanied alien child
who meets such criteria.''; and
(3) in subsection (c)--
(A) in paragraph (3), by inserting at the end the
following:
``(D) Information about individuals with whom children are
placed.--
``(i) Information to be provided to homeland security.--
Before placing a child with an individual, the Secretary of
Health and Human Services shall provide to the Secretary of
Homeland Security, regarding the individual with whom the
child will be placed, information on--
``(I) the name of the individual;
``(II) the social security number of the individual;
``(III) the date of birth of the individual;
``(IV) the location of the individual's residence where the
child will be placed;
``(V) the immigration status of the individual, if known;
and
``(VI) contact information for the individual.
``(ii) Activities of the secretary of homeland security.--
Not later than 30 days after receiving the information listed
in clause (i), the Secretary of Homeland Security, upon
determining that an individual with whom a child is placed is
unlawfully present in the United States and not in removal
proceedings pursuant to chapter 4 of title II of the
Immigration and Nationality Act (8 U.S.C. 1221 et seq.),
shall initiate such removal proceedings.''; and
(B) in paragraph (5)--
(i) by inserting after ``to the greatest extent
practicable'' the following: ``(at no expense to the
Government)''; and
(ii) by striking ``have counsel to represent them'' and
inserting ``have access to counsel to represent them''.
(b) Effective Date.--The amendments made by this section
shall apply to any unaccompanied alien child (as such term is
defined in section 462(g) of the Homeland Security Act of
2002 (6 U.S.C. 279(g))) apprehended on or after the date that
is 30 days after the date of the enactment of this Act.
SEC. 503. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS
UNABLE TO REUNITE WITH EITHER PARENT.
Section 101(a)(27)(J) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(27)(J)) is amended--
(1) in clause (i), by striking ``, and whose reunification
with 1 or both of the immigrant's parents is not viable due
to abuse, neglect, abandonment, or a similar basis found
under State law''; and
(2) in clause (iii)--
(A) in subclause (I), by striking ``and'' at the end;
(B) in subclause (II), by inserting ``and'' after the
semicolon; and
(C) by adding at the end the following:
``(III) an alien may not be granted special immigrant
status under this subparagraph if the alien's reunification
with any one parent or legal guardian is not precluded by
abuse, neglect, abandonment, or any similar cause under State
law;''.
SEC. 504. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to limit the
following procedures or practices relating to an
unaccompanied alien child (as defined in section 462(g)(2) of
the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))):
(1) Screening of such a child for a credible fear of return
to his or her country of origin.
(2) Screening of such a child to determine whether he or
she was a victim of trafficking.
(3) Department of Health and Human Services policy in
effect on the date of the enactment of this Act requiring a
home study for such a child if he or she is under 12 years of
age.
TITLE VI--VISA OVERSTAYS PENALTIES
SEC. 601. EXPANDED PENALTIES FOR ILLEGAL ENTRY OR PRESENCE.
Section 275 of the Immigration and Nationality Act (8
U.S.C. 1325) is amended--
(1) in subsection (a) by inserting after ``for a subsequent
commission of any such offense'' the following: ``or if the
alien was previously convicted of an offense under subsection
(e)(2)(A)'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``at least $50 and not
more than $250'' and inserting ``not less than $500 and not
more than $1,000''; and
(B) in paragraph (2), by inserting after ``in the case of
an alien who has been previously subject to a civil penalty
under this subsection'' the following: ``or subsection
(e)(2)(B)''; and
(3) by adding at the end the following:
``(e) Visa Overstays.--
``(1) In general.--An alien who was admitted as a
nonimmigrant has violated this paragraph if the alien, for an
aggregate of 10 days or more, has failed--
``(A) to maintain the nonimmigrant status in which the
alien was admitted, or to which it was changed under section
248, including complying with the period of stay authorized
by the Secretary of Homeland Security in connection with such
status; or
``(B) to comply otherwise with the conditions of such
nonimmigrant status.
``(2) Penalties.--An alien who has violated paragraph (1)--
``(A) shall--
``(i) for the first commission of such a violation, be
fined under title 18, United States Code, or imprisoned not
more than 6 months, or both; and
``(ii) for a subsequent commission of such a violation, or
if the alien was previously convicted of an offense under
subsection (a), be fined under such title 18, or imprisoned
not more than 2 years, or both; and
``(B) in addition to, and not in lieu of, any penalty under
subparagraph (A) and any other criminal or civil penalties
that may be imposed, shall be subject to a civil penalty of--
``(i) not less than $500 and not more than $1,000 for each
violation; or
``(ii) twice the amount specified in clause (i), in the
case of an alien who has been previously subject to a civil
penalty under this subparagraph or subsection (b).''.
TITLE VII--IMMIGRATION PAROLE REFORM
SEC. 701. IMMIGRATION PAROLE REFORM.
Section 212(d)(5) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(5)) is amended to read as follows:
``(5)(A) Except as provided in subparagraphs (B) and (C)
and section 214(f), the Secretary of Homeland Security, in
the discretion of the Secretary, may temporarily parole into
the United States any alien applying for admission to the
United States who is not present in the United States, under
such conditions as the Secretary may prescribe, on a case-by-
case basis, and not according to eligibility criteria
describing an entire class of potential parole recipients,
for urgent humanitarian reasons or significant public
benefit. Parole granted under this subparagraph may not be
regarded as an admission of the alien. When the purposes of
such parole have been served in the opinion of the Secretary,
the alien shall immediately return or be returned to the
custody from which the alien was paroled. After such return,
the case of the alien shall be dealt with in the same manner
as the case of any other applicant for admission to the
United States.
``(B) The Secretary of Homeland Security may grant parole
to any alien who--
[[Page H2548]]
``(i) is present in the United States without lawful
immigration status;
``(ii) is the beneficiary of an approved petition under
section 203(a);
``(iii) is not otherwise inadmissible or removable; and
``(iv) is the spouse or child of a member of the Armed
Forces serving on active duty.
``(C) The Secretary of Homeland Security may grant parole
to any alien--
``(i) who is a national of the Republic of Cuba and is
living in the Republic of Cuba;
``(ii) who is the beneficiary of an approved petition under
section 203(a);
``(iii) for whom an immigrant visa is not immediately
available;
``(iv) who meets all eligibility requirements for an
immigrant visa;
``(v) who is not otherwise inadmissible; and
``(vi) who is receiving a grant of parole in furtherance of
the commitment of the United States to the minimum level of
annual legal migration of Cuban nationals to the United
States specified in the U.S.-Cuba Joint Communique on
Migration, done at New York September 9, 1994, and reaffirmed
in the Cuba-United States: Joint Statement on Normalization
of Migration, Building on the Agreement of September 9, 1994,
done at New York May 2, 1995.
``(D) The Secretary of Homeland Security may grant parole
to an alien who is returned to a contiguous country under
section 235(b)(3) to allow the alien to attend the alien's
immigration hearing. The grant of parole shall not exceed the
time required for the alien to be escorted to, and attend,
the alien's immigration hearing scheduled on the same
calendar day as the grant, and to immediately thereafter be
escorted back to the contiguous country. A grant of parole
under this subparagraph shall not be considered for purposes
of determining whether the alien is inadmissible under this
Act.
``(E) For purposes of determining an alien's eligibility
for parole under subparagraph (A), an urgent humanitarian
reason shall be limited to circumstances in which the alien
establishes that--
``(i)(I) the alien has a medical emergency; and
``(II)(aa) the alien cannot obtain necessary treatment in
the foreign state in which the alien is residing; or
``(bb) the medical emergency is life-threatening and there
is insufficient time for the alien to be admitted to the
United States through the normal visa process;
``(ii) the alien is the parent or legal guardian of an
alien described in clause (i) and the alien described in
clause (i) is a minor;
``(iii) the alien is needed in the United States in order
to donate an organ or other tissue for transplant and there
is insufficient time for the alien to be admitted to the
United States through the normal visa process;
``(iv) the alien has a close family member in the United
States whose death is imminent and the alien could not arrive
in the United States in time to see such family member alive
if the alien were to be admitted to the United States through
the normal visa process;
``(v) the alien is seeking to attend the funeral of a close
family member and the alien could not arrive in the United
States in time to attend such funeral if the alien were to be
admitted to the United States through the normal visa
process;
``(vi) the alien is an adopted child with an urgent medical
condition who is in the legal custody of the petitioner for a
final adoption-related visa and whose medical treatment is
required before the expected award of a final adoption-
related visa; or
``(vii) the alien is a lawful applicant for adjustment of
status under section 245 and is returning to the United
States after temporary travel abroad.
``(F) For purposes of determining an alien's eligibility
for parole under subparagraph (A), a significant public
benefit may be determined to result from the parole of an
alien only if--
``(i) the alien has assisted (or will assist, whether
knowingly or not) the United States Government in a law
enforcement matter;
``(ii) the alien's presence is required by the Government
in furtherance of such law enforcement matter; and
``(iii) the alien is inadmissible, does not satisfy the
eligibility requirements for admission as a nonimmigrant, or
there is insufficient time for the alien to be admitted to
the United States through the normal visa process.
``(G) For purposes of determining an alien's eligibility
for parole under subparagraph (A), the term `case-by-case
basis' means that the facts in each individual case are
considered and parole is not granted based on membership in a
defined class of aliens to be granted parole. The fact that
aliens are considered for or granted parole one-by-one and
not as a group is not sufficient to establish that the parole
decision is made on a `case-by-case basis'.
``(H) The Secretary of Homeland Security may not use the
parole authority under this paragraph to parole an alien into
the United States for any reason or purpose other than those
described in subparagraphs (B), (C), (D), (E), and (F).
``(I) An alien granted parole may not accept employment,
except that an alien granted parole pursuant to subparagraph
(B) or (C) is authorized to accept employment for the
duration of the parole, as evidenced by an employment
authorization document issued by the Secretary of Homeland
Security.
``(J) Parole granted after a departure from the United
States shall not be regarded as an admission of the alien. An
alien granted parole, whether as an initial grant of parole
or parole upon reentry into the United States, is not
eligible to adjust status to lawful permanent residence or
for any other immigration benefit if the immigration status
the alien had at the time of departure did not authorize the
alien to adjust status or to be eligible for such benefit.
``(K)(i) Except as provided in clauses (ii) and (iii),
parole shall be granted to an alien under this paragraph for
the shorter of--
``(I) a period of sufficient length to accomplish the
activity described in subparagraph (D), (E), or (F) for which
the alien was granted parole; or
``(II) 1 year.
``(ii) Grants of parole pursuant to subparagraph (A) may be
extended once, in the discretion of the Secretary, for an
additional period that is the shorter of--
``(I) the period that is necessary to accomplish the
activity described in subparagraph (E) or (F) for which the
alien was granted parole; or
``(II) 1 year.
``(iii) Aliens who have a pending application to adjust
status to permanent residence under section 245 may request
extensions of parole under this paragraph, in 1-year
increments, until the application for adjustment has been
adjudicated. Such parole shall terminate immediately upon the
denial of such adjustment application.
``(L) Not later than 90 days after the last day of each
fiscal year, the Secretary of Homeland Security shall submit
to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives
and make available to the public, a report--
``(i) identifying the total number of aliens paroled into
the United States under this paragraph during the previous
fiscal year; and
``(ii) containing information and data regarding all aliens
paroled during such fiscal year, including--
``(I) the duration of parole;
``(II) the type of parole; and
``(III) the current status of the aliens so paroled.''.
SEC. 702. IMPLEMENTATION.
(a) In General.--Except as provided in subsection (b), this
title and the amendments made by this title shall take effect
on the date that is 30 days after the date of the enactment
of this Act.
(b) Exceptions.--Notwithstanding subsection (a), each of
the following exceptions apply:
(1) Any application for parole or advance parole filed by
an alien before the date of the enactment of this Act shall
be adjudicated under the law that was in effect on the date
on which the application was properly filed and any approved
advance parole shall remain valid under the law that was in
effect on the date on which the advance parole was approved.
(2) Section 212(d)(5)(J) of the Immigration and Nationality
Act, as added by section 701 of this title, shall take effect
on the date of the enactment of this Act.
(3) Aliens who were paroled into the United States pursuant
to section 212(d)(5)(A) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(5)(A)) before January 1, 2024, shall
continue to be subject to the terms of parole that were in
effect on the date on which their respective parole was
approved.
SEC. 703. CAUSE OF ACTION.
Any person, State, or local government that experiences
financial harm in excess of $1,000 due to a failure of the
Federal Government to lawfully apply the provisions of this
title or the amendments made by this title shall have
standing to bring a civil action against the Federal
Government in an appropriate district court of the United
States for appropriate relief.
SEC. 704. SEVERABILITY.
If any provision of this title or any amendment by this
title, or the application of such provision or amendment to
any person or circumstance, is held to be unconstitutional,
the remainder of this title and the application of such
provision or amendment to any other person or circumstance
shall not be affected.
TITLE VIII--SUPPORTING OUR BORDER STATES
SEC. 801. BORDER BARRIER GRANTS.
(a) Authorization.--Notwithstanding any other provision of
law, not later than 30 days after the President receives from
the Governor of a southwest border State a certification that
the Governor intends to use a grant under this section for a
purpose set forth in subsection (b), the President shall--
(1) acting through the Secretary of the Treasury, disburse
the amount determined with respect to the State under
subsection (c); and
(2) ensure that all relevant Federal entities take such
actions as may be necessary to allow for the use of grant
funds in accordance with subsection (b).
(b) Use of Grant Funds.--A grant under this section shall
be used for the construction of a southwest border barrier,
including continuing the construction of or repairs to
portions of existing border barrier sufficient to prevent
vehicular and pedestrian crossings across the southwest
border from Mexico into the United States, and associated
infrastructure, including physical barriers and associated
detection technology, roads, and lighting.
[[Page H2549]]
(c) Determination of Grant Amount.--
(1) In general.--The amount disbursed to a southwest border
State under this section shall be equal to the amount
determined with respect to the State under paragraph (2).
(2) Ratio.--Of the total amount appropriated under section
803(c)(1), the amount disbursed to a southwest border State
shall be in an amount that bears the same ratio of--
(A) the number of miles along the southwest border of the
United States located in that State where there is no border
barrier to--
(B) the total number of miles along the southwest border of
the United States where there is no border barrier.
(3) Determinations.--Not later than 30 days after the date
of enactment of this Act, the Secretary of Homeland Security
shall make the determinations under paragraph (2).
SEC. 802. LAW ENFORCEMENT REIMBURSEMENT GRANTS.
(a) Authorization.--Notwithstanding any other provision of
law, not later than 30 days after the President receives from
the Governor of a southwest border State a certification that
the Governor intends to use a grant under this section for a
purpose set forth in subsection (b), the President shall
acting through the Secretary of the Treasury, disburse the
amount determined with respect to the State under subsection
(c).
(b) Use of Grant Funds.--A grant under this section may be
used for the reimbursement of expenditures related to the
deployment of law enforcement or the National Guard at the
southwest border of the United States, in furtherance of any
law enforcement operation related to border security or
immigration enforcement conducted by a Governor of a
southwest border State (such as Texas Governor Greg Abbott's
Operational Lone Star), to--
(1) enforce the law of that State;
(2) secure that border;
(3) combat international criminal activity, including human
trafficking, illicit narcotics trafficking (including
fentanyl trafficking), and cartel or gang activity;
(4) detect and deter the unlawful entry of any alien; or
(5) arrest and detain any alien who unlawfully enters the
United States or who is present in the United States without
lawful status under the immigration laws (as such term is
defined in section 101 of the Immigration and Nationality
Act).
(c) Determination of Grant Amount.--
(1) Initial grant.--Of the total amount appropriated under
section 803(c)(2), the amount disbursed to a southwest border
State shall be in an amount that bears the same ratio of--
(A) the number border encounters along the southwest border
of the United States in that State, as reported in the
statistics for fiscal year 2023 compiled by U.S. Customs and
Border Protection entitled ``Southwest Land Border
Encounters'', to--
(B) the total number of border encounters along the
southwest border of the United States for fiscal year 2023.
(2) Subsequent grant.--Of the total amount reallocated
under section 803(d), the amount disbursed to a southwest
border State shall be in an amount that bears the same ratio
of--
(A) the amount of expenditures that are eligible for
reimbursement under this section for which the State has not
been reimbursed to--
(B) the total amount of expenditures that are eligible for
reimbursement under this section for which all southwest
border States have not been reimbursed.
(d) Period of Expenditures.--
(1) Initial grant.--An initial grant under this section may
be used for expenditures incurred during the period beginning
on January 20, 2021 and ending on the date on which the State
receives the grant.
(2) Subsequent grant.--A subsequent grant under this
section may be used for expenditures incurred on or after
January 20, 2021.
SEC. 803. BORDER EMERGENCY AND STATE SECURITY FUND.
(a) Establishment.--There is established in the general
fund of the Treasury a separate account which shall be known
as the ``Border Emergency and State Security Fund'' (referred
to in this section as the ``Fund'').
(b) Appropriations.--There is hereby appropriated to the
Fund $9,500,000,000 to remain available until expended.
(c) Allocation.--Of the amounts appropriated under
subsection (b)--
(1) $6,000,000,000 is for grants under section 801; and
(2) $3,500,000,000 is for grants under section 802.
(d) Reallocation.--
(1) In general.--On October 1, 2024, any covered funds
shall be made available to southwest border States, or used
by such States, as applicable, for grants under section 802.
(2) Covered funds defined.--In this subsection, the term
``covered funds'' means--
(A) funds allocated under subsection (c)(1) that have not
been obligated for grants under section 801 or that a
southwest border State certifies will not be used for a grant
received under such section 2; and
(B) funds allocated under subsection (c)(2) that have not
been obligated for grants under section 802 or that a
southwest border State certifies will not be used for a grant
received under such section 3.
(e) Rescission.--The total amount of unobligated funds made
available by section 101(e) of the Fiscal Responsibility Act
of 2023 (Public Law 118-5) for the Department of Commerce
Nonrecurring Expenses Fund are hereby permanently rescinded.
SEC. 804. DEFINITIONS.
In this title:
(1) The term ``alien'' has the meaning given such term in
section 101 of the Immigration and Nationality Act (8 U.S.C.
1101)
(2) The term ``southwest border State'' means Texas, New
Mexico, Arizona, or California.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Alabama (Mr. Moore) and the gentleman from New York (Mr. Nadler) each
will control 20 minutes.
The Chair recognizes the gentleman from Alabama.
{time} 1115
General Leave
Mr. MOORE of Alabama. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and insert extraneous material on H.R. 3602.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Alabama?
There was no objection.
Mr. MOORE of Alabama. Mr. Speaker, I yield myself such time as I may
consume.
Joe Biden took the office of President and immediately did exactly
what he had promised on the campaign trail to do: He reversed the Trump
administration's immigration policies.
By doing so, the new President let the world know that America's
borders are open. President Biden rescinded the remain in Mexico
policy, prevented the removal of illegal aliens, and blocked
Immigration and Customs Enforcement and Customs and Border Protection
from enforcing immigration laws.
In the weeks and months that followed, President Biden terminated the
Trump-era policies aimed at preventing fraudulent asylum claims, ending
catch and release, increasing criminal alien removals, and preventing
illegal immigration.
We are still in the midst of the Biden administration's extended
result: The biggest mass illegal immigration in the history of the
United States.
More than 7.6 million illegal aliens have been encountered by CBP on
the southwest border. There have been 38 straight months of more than
100,000 southwest border CBP encounters.
The Biden administration has released nearly 4.7 million illegal
aliens into America's communities, in addition to at least 1.8 million
known got-aways avoiding apprehension.
At least 357 illegal aliens on the terrorist watch list have been
encountered by Border Patrol along the southwest border. No doubt more
have evaded detection.
All of this is just on the southwest border. Our northern border is
also seeing record-high numbers of illegal aliens encountered by CBP.
Early last year, House Republicans acted to secure our border. We
passed H.R. 2, the Secure the Border Act, to end the abuse of the U.S.
immigration system, whether by the administration, cartels, or the
illegal aliens themselves. Had Senate Democrat leadership not refused
to debate H.R. 2 on the Senate floor for more than 330 days, perhaps we
would not still have mass lawlessness on our border.
In the meantime, we keep reading media reports that President Biden
is looking to use his executive authority to quell the border chaos.
Each time, though, the open-borders advocates tell Joe Biden not to use
that authority, and each time he bends to their wishes.
Americans are outraged that our own Federal Government turns a blind
eye to the chaos that has been created. Americans are tired of seeing
mobs of illegal aliens beating up New York police officers, watching
endless numbers of illegal aliens stream across the southwest border,
and hearing the heart-wrenching details of the deaths of innocent young
men and women, including a U.S. Senate staffer, caused by illegal
aliens who should not have been here in the first place.
Today, House Republicans are trying again to make our Democrat
colleagues and President Biden take this border crisis seriously. H.R.
3602 will restore successful Trump-era policies and remove the rewards
and incentives
[[Page H2550]]
the Democrats have used to entice people to violate our own Nation's
sovereignty.
Division A includes provisions in the Homeland Security Committee's
jurisdiction that help secure our border. For instance, it includes
provisions to require border wall construction, to increase the number
of Border Patrol agents, and provide them with bonus pay and to deploy
additional technology to that border.
Division B includes provisions in the jurisdiction of the Judiciary
and Foreign Affairs Committees.
Title I reforms the asylum process to deter fraudulent asylum claims
from aliens, including economic migrants, and assures that aliens
granted asylum are truly being persecuted by their existing government.
Title II ends the Biden administration's catch and release policies
by clarifying that the DHS Secretary must remove or detain illegal
aliens who arrive at the border or place them into remain in Mexico-
type programs. There are no other options. The aliens cannot be paroled
or otherwise released into the U.S. unless an immigration judge grants
that alien asylum or some other immigration benefit.
Title III directs the Secretary of State to renegotiate successful
Trump policies--asylum cooperative agreements and the remain in Mexico
program--with his diplomatic counterparts.
Title IV fixes the disastrous Flores settlement that rewards illegal
aliens who rent or buy children to pose as family units to avoid
detention. Instead, it keeps legitimate families together as they await
adjudication of their asylum claims.
Title V requires that unaccompanied alien children be immediately and
safely returned to their home country--as we already do for
unaccompanied children from Mexico and Canada--rather than trafficked,
abandoned, and then exploited in our country. It helps end our
government's role in child smuggling and trafficking, a role that is
morally reprehensible.
Title VI applies the same penalties for visa overstays as we
currently do for illegal border crossings. Under current law, it is a
misdemeanor to cross the border illegally, a felony to cross it
repeatedly, and yet only a civil infraction to overstay your visa.
Title VII ends the Biden administration's abuse of parole authority,
abuses which circumvent immigration law. Parole is inherently a case-
by-case review based on individual circumstances in which the rigors of
the law are inappropriate. Parole by category isn't parole. It is a new
law by fiat. Instead, such changes must be considered and passed by
Congress in a Nation that respects the rule of law.
Finally, Title VIII creates two grant programs. The first provides
funding for States to construct or improve border barriers and border
technology. The second reimburses States for money spent on law
enforcement activities related to the border.
H.R. 3602 will help end the border chaos and ensure respect for U.S.
immigration laws.
Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in opposition to this foolhardy attempt to
pass for a second time one of the most draconian immigration bills this
Congress has ever seen. This rehashing of H.R. 2 is a joke.
They say that the definition of insanity is trying something over and
over but expecting different results. Yet here we are, debating a bill
once again that continues to have no chance of being enacted into law.
We know that because H.R. 2 has been brought up and failed twice in the
Senate, most recently garnering a mere 32 votes. This is nothing more
than pure political theater. I truly don't know what it is that the
Speaker wants us to suspend: The rules of the House or our disbelief.
My Republican colleagues continue to show us that they are not
interested in finding real solutions to tough issues.
Let's be very clear about what this legislation would do. This bill
serves as a wholesale ban on asylum and the end of parole. No one would
be able to seek asylum in the United States if they cross between ports
of entry or if they had, or could have had, even temporary status in a
third country.
The last time we considered this bill, Democrats offered a variety of
amendments to exempt the most vulnerable from some of these
requirements. This included those fleeing Communist and totalitarian
regimes and unaccompanied children. The majority was not willing to
exempt children under a year old.
When it comes to parole, Republicans were not willing to support
codifying the vital Uniting for Ukraine parole program, which has aided
over 100,000 Ukrainians fleeing Putin's unlawful invasion of Ukraine.
This is not serious legislation.
Given their slim margins, it is unclear that Republicans could even
pass H.R. 2 in its entirety today. As such, the majority had to make
some tweaks to the bill to try to convince any Republican holdouts that
their marquee bill is a good idea.
For example, this version removes H.R. 2's nationwide E-Verify
mandate. If passed into law, this would have decimated our economy,
especially our agriculture sector. Some Republicans previously voted
``no'' because of this provision, but removing this title appears to be
doing little for the bill's prospects. Other Republicans, including the
chairman of the Immigration Integrity, Security, and Enforcement
Subcommittee, support this provision and have expressed concern over
its removal.
This whole exercise is a huge waste of our time. Not only does this
bill not have the votes in the Senate, it probably does not even have
the votes to pass the House today.
In what appears to be an effort to gain the support of Mr. Roy, an
early opponent of the Speaker's approach to the foreign aid package,
the E-Verify section was replaced with a new grant program to reimburse
States for enforcing immigration law. This is intended to reimburse the
State of Texas for the money Governor Greg Abbott has spent defying our
Federal system with Operation Lone Star, even though numerous
components of this operation have been ruled unlawful by the courts.
If the hope was that this provision would earn the support of Mr.
Roy, it seems to have failed, since we are only considering this bill
under suspension because he and others wouldn't even support moving
this bill out of the Rules Committee. Not only is this not serious
legislation, this is not a serious process.
Let's remember how we got here. After passing H.R. 2 in May of last
year, Republicans spent the next 7 months saying that H.R. 2 was the
only way to secure the border, even though they know that it cannot
become law, having been so overwhelmingly rejected by the Senate.
Then they insisted that the price of helping protect Ukraine against
Russian aggression was enacting harsh border enforcement legislation.
Senate Republicans even managed to convince some Democrats to agree to
a border bill in the Senate, a bill that Minority Leader McConnell
called the toughest border bill in 30 years, but Republicans could not
take yes for an answer.
Donald Trump said that he didn't want to do anything that might help
at the border in an election year because he wants immigration as a
campaign issue. Other Republicans said it out loud, too, saying they
don't want to do too damn much to help a Democrat.
Folding to the cult of Donald Trump, and just hours after the 370-
page text of that bill was released, Speaker Johnson declared the bill
dead on arrival in the House, with the rest of the Republican
Conference quickly falling in line.
Republicans showed clearly what Democrats have been saying over and
over again, that they don't want to do anything that would help address
our broken immigration system. They just want to talk tough, without
doing the hard work of actually legislating.
Now, this version of H.R. 2 is being sent to the floor to give
Republicans cover to vote for necessary aid for our allies Ukraine,
Israel, and Taiwan. If this political theater and show vote of this
bill is what they need to pass vital aid to Ukraine, Israel, and
Taiwan, then fine, but let's not pretend we are accomplishing anything
here today. This is a waste of our time.
Mr. Speaker, I reserve the balance of my time.
Mr. MOORE of Alabama. Mr. Speaker, I yield 5 minutes to the gentleman
from Arizona (Mr. Ciscomani).
[[Page H2551]]
Mr. CISCOMANI. Mr. Speaker, I thank my friend from Alabama for
yielding me time. I am glad to see this body taking up my border
security legislation today alongside these other important packages as
well.
Now, the gentleman from New York calls this a joke. Well, I don't
know what he finds funny, but nothing about this situation is funny. It
is not funny to our Border Patrol agents; it is not funny to my border
communities; and it is certainly not funny to the hundreds of thousands
of women and children being trafficked by the Mexican cartels at our
southern border. There is nothing funny about this situation.
Let's be clear: Our border is broken and has been for a long time. At
a time where our world is more dangerous than ever and our adversaries
are emboldened, protecting our homeland is our most critical priority.
Attacks by our adversaries have spurred the urgent need to support our
allies. Congress should be able and must do both, and it all starts
with a secure border, Mr. Speaker.
This bill takes major strides in addressing our porous border. It
would immediately restart construction of the border wall, end the
disastrous catch and release policies, and streamline the asylum
process. We have seen policies that work, including remain in Mexico
and Asylum Cooperative Agreements in the Northern Triangle. This bill
would start the process of going back to those policies and, in turn,
stem the flow we are seeing.
The United States Congress is the most powerful body in the world. We
must be able to support our allies while we protect our homeland as
well.
The world is looking to America for strength, and our country is
looking to Washington for leadership. The administration is nowhere to
be found, has been nowhere to be found. We must step up and fill the
gaps the White House has left by their weakened foreign and domestic
policy stances.
Since January of 2021, there have been more than 7.6 million migrant
encounters at our southwestern border. In addition to this staggering
7.6 million, estimates suggest upwards of 1.8 million additional
illegal immigrants that evaded Border Patrol and entered our country.
Most notably, 169 individuals on the terrorist watch list were
apprehended at the border in FY23.
These are no longer just families coming to America in search of a
better life. In FY24 so far, we have witnessed over 20,000 Chinese
nationals at the southwest border. Encounters of Chinese nationals have
already surpassed all of last fiscal year.
I recently went to Israel and personally walked through the
devastation of October 7. Make no mistake, Hamas wishes the same fate
on Americans.
This bill does not just address a major national security weakness,
it solves a crisis that millions of Americans already live with. In my
district alone, we have seen close to 1,000 migrants per day enter our
communities. Arizonans have seen a spike in high-speed car chases and
illicit activity by Mexican cartels.
In FY 2023, fentanyl overdoses in the U.S. rose above 112,000.
Fentanyl overdose death is becoming the number one cause of death among
young people in my home county of Pima County.
{time} 1130
Mr. CISCOMANI. My colleagues from New York to Oregon have seen the
effects of our border crisis in their own communities. We must send the
signal that the U.S. southern border is not open. Our adversaries,
whether it is the Mexican cartels or the CCP, will seize any moment to
take advantage of American weakness.
Each of these packages take a firm stance to stand with our allies in
Israel, Taiwan, and Ukraine. In turn, my bill takes a firm stance on
America's strength in our homeland. Mr. Speaker, this is personal to
me. Not only is it the number one issue in my district, it is the
number one issue for Republicans and Democrats in my district as well.
I am a third-generation American. I immigrated here with my family
when I was a young boy. Today, the open-border policies of the Biden
administration are not the way of the American dream. It dilutes and
diminishes the efforts and sacrifice of so many immigrants that came
before us to open the way, invest in this country, and became
Americans.
It is fueling human trafficking and enabling the cartels and flooding
our country with fentanyl and other deadly drugs. America is the land
of opportunity. I believe that. I am a proud product of the American
dream, living it every single day, Mr. Speaker. But the crisis at our
southern border is not the American Dream. It is a nightmare. We must
take steps to secure our southern border immediately. This legislation
is a start. I urge my colleagues to vote ``yes.''
Mr. NADLER. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Mississippi (Mr. Thompson).
Mr. THOMPSON of Mississippi. Mr. Speaker, I thank the gentleman from
New York for giving me the time.
Mr. Speaker, I rise in a strong opposition to this sideshow.
Consideration of H.R. 3602 today is a cynical move meant to appease
Republicans who refuse to provide aid to fight autocrats and terrorists
unless they get to deport migrant kids first. These extreme MAGA
Republicans care more about scoring political points than finding
solutions and refuse to consider the bipartisan Senate border security
and immigration enforcement bill.
They are having a hissy fit after the Senate threw out their
unconstitutional Articles of Impeachment against the Secretary of
Homeland Security, Alejandro Mayorkas. They care only about electing
Donald Trump, and they are happy to rip up the Constitution, create
chaos at the border and prop up Vladimir Putin to do it. This is why
they are insisting on rehashing this terrible bill, which has zero
chance of passing the House, let alone the Senate
H.R. 3602 shifts all border processing to ports of entry without
providing any additional resources. The bill doesn't fund a single new
officer at ports of entry where more than 90 percent of fentanyl is
interdicted. Our ports of entry are already short over 4,000 officers.
When the Committee on Homeland Security considered a version of this
bill last year, Democrats tried to add an additional 1,700 officers,
but Republicans refused. Furthermore, this xenophobic bill would strip
DHS funding from any community or religious organization that helped
migrants. It is so overly broad that organizations that place water in
remote areas of the desert or provide a pregnant mother a safe place to
sleep would be ineligible for DHS funding. This bill is so
overreaching, that it would force the American Red Cross----
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. NADLER. Mr. Speaker, I yield an additional 1 minute to the
gentleman from Mississippi.
Mr. THOMPSON of Mississippi. Mr. Speaker, I thank the gentleman for
yielding me extra time. This bill is so overreaching that it would
force the American Red Cross to verify every person's immigration
status before providing lifesaving services following a natural
disaster. This is just inhumane.
Furthermore, H.R. 3602 is so poorly drafted that it would bar many
U.S. citizens from boarding commercial flights. This bill sets
requirements for forms of identification that can only be used through
airport security, but the list doesn't include a driver's license from
Washington, D.C.; Puerto Rico; Guam; or other U.S. territories.
Mr. Speaker, this bill is too extreme. It is just brought here today
to appease certain elements of the party. Remote Republicans must put
an end to this chaos and dysfunction, and get back to serious
legislating. Vote ``no'' on this unworkable bill.
Mr. MOORE of Alabama. Mr. Speaker, I yield 2 minutes to the gentleman
from Ohio (Mr. Jordan), my good friend and chairman of the Judiciary
Committee.
Mr. JORDAN. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, the Democrats called this bill a joke. It is not a joke
to put back in place the policies that worked. In fact, I would call
that common sense. Remember what happened on day 1 of the Biden
administration? They said we are going to get rid of the remain in
Mexico policy, we are going to stop building the wall, and when you get
here, you will be released. Well, who the heck wouldn't come if that is
the policy? That is exactly what has
[[Page H2552]]
happened, and we are on pace to get to 12 million migrants entering the
country in the Biden administration. So this bill fixes those things.
It says we are going to build the wall, provide money to do so. We
are going to put back in place the remain in Mexico policy, which
worked. We are going to end this catch and release. Guess what else it
does? Guess what else it does? It changes the way they are doing
parole, the very program this administration put in that allowed the
individual to be released into the country who killed Laken Riley. That
is not a joke. That is good policy, policy that will help protect
Americans, policies that make common sense.
So I appreciate the gentleman from Arizona (Mr. Moore) for sponsoring
this legislation, for managing it on the floor, and the Judiciary
Committee who has worked on this, the Republicans on the Judiciary
Committee who have worked on this for a long time. This isn't quite
H.R. 2, but it is close, and it is the policies that need to happen.
Again, understand the magnitude of the problem. We are on pace to get
to 12 million migrants coming in this country in a 4-year time span.
That is what the Biden administration has given us. Everyone knows that
is wrong. Everyone knows the policies they have done intentionally,
deliberately willfully on day 1 have been harmful to the country.
Democrats know it. Republicans know it. Independents know it. Polling
shows it all across the country. Let's take a step in the direction of
fixing it and pass this legislation.
Mr. NADLER. Mr. Speaker, I yield 2 minutes to the distinguished
gentlewoman from Washington (Ms. Jayapal), the ranking member of the
Subcommittee on Immigration Integrity, Security, and Enforcement.
Ms. JAYAPAL. Mr. Speaker, I rise in strong opposition to this cruel,
unworkable and inhumane modified version of the Republican border bill
H.R. 2. What is the point of this exercise? The majority could barely
pass this legislation last year over bipartisan opposition, and now it
is going to magically pass it in the House with a two-thirds majority.
Give me a break. That is not what is happening here.
They say when someone shows you who they are, you should believe them
the first time. Well, the majority has shown us who they are on this
issue over and over and over again. They consistently reject bipartisan
solutions, including a bill that was drafted in the Senate by the
second most conservative Republican Senator. Yet, the majority and
Republicans in the House and the Senate decided to kill that bill.
You know why? Because Donald Trump said kill the bill because we want
to keep immigration out there as an issue that doesn't get solved,
doesn't have any solutions, but has some empty talking point messaging
bills that continue to demonize immigrants and create xenophobia in a
country that has depended on immigrants to build this country and
continues to.
Republicans have said it out loud over and over again. They don't
want solutions. They don't want to solve problems. They just want to
preserve the issue for the election. This bill is going nowhere. Let's
just be clear about that. The situation at the border is directly
linked to the fact that the legal immigration system has been left in
chaos because it has not been modernized in 30 years to meet the needs
of this country.
Who has stopped that modernization? Republicans have stopped it over
and over again; when the legal process is so backed up that it takes
decades for legal residents to get their children into the country,
when employers can't simply get the workers that they need to hire
approved because there is a backlog of 2 million people who haven't
been processed or when we have so few immigration judges that asylum
seekers wait for over 8 years to get their cases heard.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. NADLER. Mr. Speaker, I yield an additional 30 seconds to the
gentlewoman from Washington.
Ms. JAYAPAL. Mr. Speaker, when asylum seekers wait 8 years to get
their cases heard, then, yes, people turn to unscrupulous actors,
including cartels, who promise them get in by going to the border. The
only people talking about the open border and encouraging people to
come across the border are Republicans who continue to put that message
out there.
Are we looking for solutions, Mr. Speaker? No, we are here debating a
bill that has no chance of becoming law and is an empty messaging bill
that does absolutely nothing to reform our outdated immigration system.
Let's get back to governing.
Mr. MOORE of Alabama. Mr. Speaker, I yield 3 minutes to the gentleman
from Texas (Mr. Roy), my friend from another border State.
Mr. ROY. Mr. Speaker, I thank my friend from Alabama for yielding.
The gentlewoman is right, in part, in that we are here for two reasons.
Yes, this bill will not become law--there is no question about that--
and it will not become law for two reasons.
The first reason is that our Democratic colleagues refuse to address
the crisis at the border, and in fact, want to perpetuate it, encourage
it, and cause more of it. The second reason it is not going to become
law is because Republicans continue to campaign on securing the border
and then refuse to use any leverage to actually secure the border. That
is the reason; those two reasons right there.
That is why this will not become law. Let's be very clear with what
we are dealing with here right now. We know the numbers. We can talk
about the numbers, the 7 million that have been released into the
country, the 2 million plus got-aways, the extent to which we have had
a thousand pounds of fentanyl pouring across our border every month for
the last 6 months, the 24,000 Chinese nationals, the 85 percent of whom
are adult single individuals that have come across this border
since October 1, which is more than the entirety of fiscal year 2023,
and certainly more than the 381 in the last year when the policies of
President Trump were in place
The reality is that we are being put in danger. The American people
are getting killed. Laken Riley is dead because of policies of the
Biden administration, specifically the parole policies that release
people into our country to kill Americans.
That is what has been happening. Yet, we are going to do nothing
about it. We have legislation right now that would fix the problem in
significant part. H.R. 2, we passed it a year ago. It is a great bill.
I support the bill. I support what is in it. It changes the policies,
frankly policies that President Obama and Jeh Johnson asked us to
change, like TVPRA and Flores. It changes the policies of abuse of
parole and asylum by this administration.
We should get it signed into law. The only way to force Democrats to
do it is to use leverage, and we are not going to. Despite the fact
that the Speaker of the House repeatedly has said in January at the
border, a trip I didn't take because I knew full well what would
happen, it would be a show trip. That is exactly the truth. If
President Biden wants a supplemental spending bill focused on national
security, it better begin with defending America's national security.
We wanted to get the border closed and secured first. He said in a
letter in December, supplemental Ukraine funding is dependent upon
enactment of transformative change to our Nation's border security
laws. Well, here we are today with a sham vote. Let me be very clear,
the people saying that we stopped H.R. 2 in the Rules Committee and
didn't allow it to get connected to or allowed to be attached to the
Ukraine bill, they are lying. That is not true. It was a separate rule,
a separate vote designed as cover, cover for Republicans to try to vote
for a Ukraine funding bill without securing the border of the United
States. Yes, I do agree with that point, that is the truth.
{time} 1145
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from New York (Mr. Suozzi).
Mr. SUOZZI. Mr. Roy, the histrionics and the hyperbole are not
working. You said so yourself.
It is not working. It is not working.
The bottom line is that we face issues that are very serious in our
country, including the border. There is a crisis there, and we have to
address it by doing what we are doing today and tomorrow related to the
foreign aid bill.
[[Page H2553]]
We have to work together. We have to find compromise. We have to find
bipartisan solutions.
Every problem we face in our country is complicated, and you cannot
solve complicated problems in an environment of fear and anger. People
have to sit down and work with each other.
I know Mr. Moore is a very good man. There are a lot of good people
on the Republican side as well as the Democratic side. Let's work
together to solve these very serious issues we face in our country.
We had a bipartisan solution by one of the most ethical, honest,
hardworking conservative Republicans in the United States Senate, James
Lankford. We didn't go forward with that bipartisan bill because
President Trump and others said that we don't want to give Biden the
victory, that we want to campaign on the chaos.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. NADLER. Mr. Speaker, I yield an additional 1 minute to the
gentleman from New York.
Mr. SUOZZI. Mr. Speaker, they said we don't want to go forward on
that bill because we want to campaign on the chaos, and we don't want
to give victory to the Democrats.
It is not a victory for Biden or for the Democrats. It is a victory
for the United States of America.
Mr. Speaker, for us to move forward as a country, we have to work
together.
I see the people up here in the gallery. People watch television, and
they read the newspaper. They are sick of this. They don't want us
fighting with each other. They don't want us with the histrionics and
the hyperbole. They want us to sit down and negotiate a settlement.
H.R. 2 was tried before. It didn't work.
Let's say you get everything you want. Let's say Trump gets elected.
Let's say that you win the House, the Senate. I don't want that to
happen, obviously, but let's say you get everything you want. You won't
get enough votes in the Senate. You will still have to negotiate a
bipartisan compromise.
People have to learn to get back to the basics of legislating,
negotiating, and working together to solve the problems that the people
of America demand that we solve.
The SPEAKER pro tempore. Members are reminded to direct their remarks
to the Chair, and the Chair would remind Members that the rules do not
allow references to persons in the gallery.
Mr. MOORE of Alabama. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from Arizona (Mr. Biggs), my friend.
Mr. BIGGS. Mr. Speaker, I will say this about the gentleman from New
York (Mr. Nadler), that he is right on some points, but he is wrong on
some points, as well.
One of them is this: This bill gives money to the States to deal with
the calamity that has been caused by the Biden administration.
Mr. Speaker, years ago, Janet Napolitano, who was in the Biden
administration in the same position that Secretary Mayorkas is in,
demanded that the Federal Government pay for the damages caused by
illegal migration at that time. She understood. Just like Katie Hobbs,
who is the current Democratic Governor of Arizona, says, we have to
have resources. Please understand that you don't understand what is
going on on the border.
I will say one thing, that my friend from New York is correct that
this is a show vote.
H.R. 2 has been sitting in the Senate. It should have passed. It
would have taken care of 90 percent of the problems on the border. I
know. I wrote most of those provisions, along with my friend, Chip Roy.
I will tell you this: If we do not pass this, don't come to us if you
are living in New York and say you are in trouble because you have
perpetuated it.
Mr. Speaker, this is the time to pass this piece of legislation. The
process has been crappy, but this is the time to pass this legislation
because it has to be done.
Mr. NADLER. Mr. Speaker, I reserve the balance of my time.
Mr. MOORE of Alabama. Mr. Speaker, I yield 1 minute to the gentleman
from Pennsylvania (Mr. Perry), my friend.
Mr. PERRY. Mr. Speaker, duplicity. This is a lie. It is a deceit. It
is trickery. It is chicanery. It is a fraud. It is a swindle. It is a
scam.
By design, Mr. Speaker, this is a pig in a poke. You don't even get
the pig, though. You just get the bag.
We told everybody that we are going to do border security and attach
it to this bill, that this is all going to go to the Senate, and then
the President is going to sign it. That is not going to happen.
Border security is not in here. This is a separate bill designed to
fail.
You are getting a box sent to you in the mail that says, ``border
security.'' If you are Laken Riley's parents, if you are Kate Steinle's
parents, you are getting a box that says, ``border security.'' You open
it up, and there is nothing in it.
You are supposed to believe that we are doing something here, Mr.
Speaker, but in reality, we are just tricking you and swindling the
American people again. This is an abomination.
Mr. Speaker, I am going to vote for the bill, but I want everybody to
know it is a sham.
Mr. NADLER. Mr. Speaker, I reserve the balance of my time.
Mr. MOORE of Alabama. Mr. Speaker, I yield 1 minute to the gentleman
from Louisiana (Mr. Scalise).
Mr. SCALISE. Mr. Speaker, I rise in strong support of this bill.
Mr. Speaker, for years now, this House Republican majority--and
before we were a majority--has been calling on President Biden to
secure America's border. We have been trying to engage President Biden
in a negotiation to fix the problem.
We put together legislation, and H.R. 2 has been mentioned by many,
many people, the strongest border security bill that has passed
Congress. It has been over in the Senate since last year, and they
continue to ignore it because they have chosen to ignore the problem.
You saw it play out just days ago in the Senate when we sent over
Articles of Impeachment for Secretary Mayorkas, who has failed
miserably in his job of protecting America's homeland. That is his job.
He is the Homeland Security Secretary, and you have seen him here on
Capitol Hill testifying that our border is secure. It would be
laughable if it wasn't so insulting to millions of Americans who know
that is a lie.
Our border is not secure. In fact, since Joe Biden took office and
took actions to open up our border, we have seen millions come across.
Is it 8 million? Is it 10 million? The number we know is at least that
high, if not higher.
We know people on the terrorist watch list have come into our country
because we have caught some of them, but we haven't caught all of them.
We have seen thousands of Chinese nationals of military age coming
into our country. Do you think they are coming in here to help be a
part of the American Dream or coming to undermine it?
We know the answer to that question, too, which is why we continue to
press our colleagues on the other side of the aisle, our colleagues in
the Senate, and of course Joe Biden in the White House to get serious
about this issue, but they refuse to.
We are not going to let this go. We are going to continue to bring
this up. Mr. Ciscomani brought this bill forward, and we will continue
this debate.
If President Biden wants to ignore it, he knows, and the American
people know, that President Biden has the legal authority today through
executive action to secure the border because they watched him use that
same executive action to open the border.
He ended remain in Mexico, which we restore in this bill. He mandated
catch and release on our Border Patrol agents, who want to secure our
border.
We talked to them. We have embedded with them. Many of us have gone
down to the border and embedded with our Border Patrol agents. Mr.
Speaker, they will tell you what is wrong.
The things that are needed to fix and secure the border are in this
bill, but President Biden doesn't want to fix it. He knows he can fix
it with a pen today. He has chosen not to because the far-left
elements, the radical elements of his party, want an open border, and
they are clear about it.
The President tries to act like he wants to secure the border, but
then
[[Page H2554]]
when it comes time to actually negotiate, he is nowhere to be found.
Ultimately, the voters of this country are going to have a say in
November. Do they want a secure border or not? They have a clear
choice.
When Donald Trump was President, we had a secure border. He took
those steps. Mexico didn't want remain in Mexico to be the policy at
the time. That was asylum, by the way, which is what we are really
talking about. It was President Trump who went back to Mexico and said:
Either you are going to agree to this policy--it is a negotiation
between two countries--or there are going to be consequences.
He laid out those consequences. Lo and behold, Mexico saw the light.
Mexico recognized it made a lot more sense to agree to that policy with
President Trump than to suffer the consequences, so we got remain in
Mexico. It started to solve the problem, and then he ended catch and
release.
He was building the wall. We funded this when we were a Republican
majority working with President Trump. We funded construction of the
wall, and hundreds of miles of wall were being built.
Joe Biden comes into office, and on day one, he mandated the end, the
halt, of that construction of that wall. The wall was working, and Joe
Biden knows it. He ended it because he wanted the border open.
Step by step, action by action, Joe Biden has opened the border. He
refuses to negotiate with us on fixing the problem, but we are not
going to walk away from this. We are going to continue to force this
issue, to bring votes to the floor, to press the Senate to take this
up.
At the end of the day, if Joe Biden still wants to continue to block
this, still wants to continue to keep the border open, the voters are
going to have the ultimate say in November, and I don't think he is
going to like the answer.
He could do something about it right now. He refuses to. Ultimately,
the people of this country will have a say if Joe Biden won't work with
us, but we are going to continue to push it.
Mr. Speaker, I urge adoption of this piece of legislation that is so
important to our national security.
Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the hypocrisy in this Chamber is so thick, you could cut
it with a knife. Mr. Scalise says H.R. 2 was sent to the Senate, and
the Senate ignores the issue. The Senate didn't ignore the issue. The
Senate negotiated, as was mentioned before, a very, very tough
immigration bill--the toughest ever negotiated--by Senator Lankford,
whose reputation is the second-most conservative Republican in the
Senate.
It didn't pass. Why? Because former President Trump said: Don't pass
anything. Don't pass H.R. 2. Don't pass the Senate bill. I want an
issue. I don't want this issue solved. I don't want a solution. I want
an issue for the campaign.
That is what the President said.
Congressman Nehls got up and said the same thing. He said: Why should
we give a win to a Democrat?
So don't tell me that anyone is serious about H.R. 2. They are not.
H.R. 2 is so draconian, the Senate would not give it more than 32
votes. We know that. We know that H.R. 2 is a fiction in the Senate.
We know that the Senate negotiated a very strong bill, but that bill
could not advance because former President Trump said he didn't want
it. He doesn't want anything to pass on this subject.
So don't tell me that the Republicans want a strong immigration bill
and that the Democrats want open borders. Nobody wants open borders.
Mr. Speaker, there is something else. The Republicans rightly decry
the catch-and-release policy, where someone claims asylum and is then
released into the country for years until a trial date comes up to
decide whether that asylum claim is valid and should be granted or
whether the person should be deported.
That really is intolerable, but President Biden proposed a solution.
The solution is very simple. He proposed an appropriation--I forget the
amount--but an appropriation that would be sufficient so that those
trials would be held in a matter of weeks, not years.
If someone claimed asylum, he has a right to claim it. He has a right
to an adjudication. The adjudication would take place in several weeks.
If the person's case was valid, asylum would be granted. If the
person's claim was not granted, he would be swiftly deported.
You wouldn't have what they call this invasion. It is not an
invasion. This country is composed of people who came through
immigration. In the 1900s, there were 10,000 a day. They created the
current United States, probably the ancestors of most of the people in
this country.
Immigrants are not a curse. They are a blessing. We need them for our
economy, but we need a legal system. The legal system can only occur if
the adjudications can occur quickly. The President proposed the means
of doing that, and the Republicans rejected that.
They rejected that. They rejected the tough bill in the Senate
because President Trump said: I don't want a solution. I want an issue
for the campaign.
{time} 1200
Mr. Speaker, I yield 1 minute to the gentlewoman from Texas (Ms.
Jackson Lee).
Ms. JACKSON LEE. Mr. Speaker, I thought we would come here today and
have a reasoned opportunity to address this question.
Let me be very clear. I have been in this body long enough to say
that we have had a time where Members have been here and we have had
control of the border, in the interpretation that my Republicans might
say. We have had a flow of immigrants. We have had processes, and we
have had challenges. We have spoken to the issue of providing funding
for these challenges.
Here is what the issue is. The issue is that we have a past President
who sees in his jurisdiction and career to block the flow of immigrants
who are building and continuing to work with us in working on this
Nation.
They come from Ukraine. They may come from Israel. They may come from
Palestine. They may come from Taiwan.
The SPEAKER pro tempore (Mr. Newhouse). The time of the gentlewoman
has expired.
Mr. NADLER. Mr. Speaker, I yield an additional 1 minute to the
gentlewoman from Texas.
Ms. JACKSON LEE. Mr. Speaker, those individuals need processes and
they need funding. We won't even give them war funding.
As a member of the Homeland Security Committee, I can tell you that
the issue is that we are not bringing groups together who are fleeing
persecution, which is what we are seeing in the individuals coming to
the country now. They are fleeing persecution, and we want to reject--
we want to reject the funding.
When I was on the Homeland Security Committee, we did not do that. We
provided for the NGOs. It is shameful for us to think that we can live
in this country and reject the NGOs, the nongovernmental entities, who
are helping those who are in need.
That is how we did our work. When we did our work, we would be able
to solve the problems. Those problems would be helping NGOs. Those
problems would be making sure that we gave dollars to the agencies like
Catholic Charities. Can anyone believe that we don't give money to
Catholic Charities anymore?
The call that we have today, Mr. Speaker, and to my good friend, the
whip of the House, working with our whip, the Honorable Katherine
Clark----
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. JACKSON LEE.--is that we need to work to help those who are most
desperate and most poor----
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. JACKSON LEE.--to be able to make a difference. We are not doing
that. We are rejecting that. We need to help this Nation. We are not
doing that.
The SPEAKER pro tempore. The gentlewoman is no longer recognized.
Mr. MOORE of Alabama. Mr. Speaker, I am prepared to close, and I
reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield myself the balance of my time for
closing.
If House Republicans were serious about addressing the situation at
the
[[Page H2555]]
border, they would work with Democrats on bipartisan legislation that
could actually become law, as they did in the Senate. Time and again,
Republicans have proven that they want the issue more than they want
solutions.
Here we are again taking up virtually the same draconian bill as
before, knowing that if it actually passes the House, it will surely go
nowhere in the Senate.
In a Congress that has broken records for its chaos, dysfunction, and
lack of accomplishments, this debate is one more for the record books.
Mr. Speaker, I urge Members to oppose this cruel and inhumane bill,
and I yield back the balance of my time.
Mr. MOORE of Alabama. Mr. Speaker, I yield myself the balance of my
time for closing.
We had Sheriff Daniels in the Judiciary Committee a few months ago
now, and he said he had never seen the border as secure as it was in
2018 and never as broken as it is today. Our colleagues across the
aisle often want to set the building on fire and then fund the fire
department.
We have solutions to the problem on the southern border. We are not
trying to make this a political issue. It is an issue of our time. The
American people see it.
Mr. Speaker, I urge passage of H.R. 3602, and I yield back the
balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Alabama (Mr. Moore) that the House suspend the rules and
pass the bill, H.R. 3602, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. NADLER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________