DHS Immigration Accountability and Transparency Act of 2013 - Directs the Secretary of Homeland Security (DHS) to submit to Congress an annual report on DHS immigration policy directives.
States that for specified purposes an immigration policy directive shall be treated as a rule.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3611 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3611
To require the Secretary of Homeland Security to submit to Congress an
annual report on immigration policy directives issued by the Department
of Homeland Security, to ensure that each such policy directive is
subject to the rule making process described in section 553 of title 5,
United States Code, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 21, 2013
Mr. Perry (for himself, Mr. Barletta, Mrs. Bachmann, Mr. Smith of
Texas, Mr. Stewart, Mr. Cotton, and Mr. Gingrey of Georgia) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To require the Secretary of Homeland Security to submit to Congress an
annual report on immigration policy directives issued by the Department
of Homeland Security, to ensure that each such policy directive is
subject to the rule making process described in section 553 of title 5,
United States Code, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DHS Immigration Accountability and
Transparency Act of 2013''.
SEC. 2. TRANSPARENCY REQUIREMENT FOR IMMIGRATION POLICY DIRECTIVES.
(a) Reporting Requirement.--The Secretary of Homeland Security
shall submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of the
House of Representatives an annual report on immigration policy
directives.
(b) Matters Covered.--The report required by subsection (a) shall
include, at a minimum--
(1) statistics on the removal of aliens from the United
States during the 10-year period preceding the date of
submission of the report, including the number of aliens placed
in removal proceedings but not removed;
(2) statistics and a cost-benefit analysis regarding the
use of Federal funds to implement each immigration policy
directive issued by the Department of Homeland Security during
the period beginning on January 20, 2009, and ending on the
date of submission of the report;
(3) the number of aliens unlawfully present or without
lawful status in the United States with an immigration status
that was modified or otherwise adjusted as a result of each
such policy directive, including an identification of the new
status assigned to each such alien;
(4) the number of aliens unlawfully present or without
lawful status in the United States who applied for and were
denied relief as a result of each such policy directive, and
the percentage of such aliens against whom removal proceedings
were initiated;
(5) for each alien denied relief under paragraph (4)
against whom removal proceedings were not initiated, an
explanation of why such action was not taken and a listing of
the final determination made in such alien's case, if any;
(6) the number of cases in the Executive Office for
Immigration Review of the Department of Justice that were
administratively closed as a result of each such policy
directive and an identification of the new status or statuses
assigned to the aliens in such cases;
(7) statistics on aliens unlawfully present or without
lawful status in the United States released from prisons or
administrative detention centers since January 20, 2009,
including--
(A) the number of such aliens convicted or formally
accused of a violent crime; and
(B) the number of such aliens released in each
State; and
(8) detailed information on the methods used to compile and
calculate the information described in paragraphs (1), (2),
(3), (4), (5), (6), and (7).
(c) Public Availability.--The report required by subsection (a)
shall be made publicly available.
(d) Reporting Deadline.--The Secretary shall submit the first
report required by subsection (a) not later than 90 days after the date
of the enactment of this Act.
(e) Removal of Aliens From the United States.--In this Act, the
term ``removal of aliens from the United States'' does not include
individuals who are denied admission upon being inspected by an
immigration officer at the border of the United States.
SEC. 3. ACCOUNTABILITY REQUIREMENTS FOR IMMIGRATION POLICY DIRECTIVES.
(a) Treatment of an Immigration Policy Directive as a Rule.--For
purposes of chapters 5, 6, 7, and 8 of title 5, United States Code, an
immigration policy directive shall be treated as a rule.
(b) Notice Requirement.--In publishing a general notice of proposed
rule making as required under section 553 of title 5, United States
Code, for an immigration policy directive, the Secretary of Homeland
Security shall include a report that--
(1) describes with reasonable detail the actions the
Department of Homeland Security plans to take to implement and
enforce the policy directive;
(2) indicates whether the policy directive states a new or
changed policy regarding the enforcement of any Federal law,
and if so, provides a citation to such law; and
(3) estimates the number of aliens present in the United
States with an immigration status that will be modified as a
result of the policy directive and identifies the new status or
statuses to be assigned to such aliens.
SEC. 4. DEFINITIONS.
In this Act:
(1) Immigration policy directive.--The term ``immigration
policy directive'' means any communication that is not a rule,
issued by the Department of Homeland Security or any agency or
office within the Department, regarding the administration or
enforcement of immigration law or policy, including memoranda,
statements, and guidance documents.
(2) Rule.--The term ``rule'' has the meaning provided in
section 551 of title 5, United States Code.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Border Security.
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