Protect America First Act
This bill temporarily bars noncitizens from entering the United States and addresses related issues.
During the four-year period starting from this bill's enactment, any alien who unlawfully enters the United States at a port of entry without proof of citizenship shall be inadmissible.
The bill requires the detention of certain aliens (generally, those not legally present in the United States) who have been charged with any crime resulting in the death or serious bodily injury of another.
Furthermore, a state or local government shall be ineligible for certain federal assistance if that government has a law or policy that (1) violates certain laws about sharing immigration status information with federal officials, or (2) prohibits law enforcement from obtaining immigration status information from any individual.
The bill also requires (1) the Department of the Treasury to establish a fund for a barrier along the U.S.-Mexico border, and (2) the Department of Homeland Security to construct such a barrier by December 31, 2021.
The bill also reinstates certain immigration-related executive orders, including an order that generally barred nationals of certain countries (such as Somalia and Sudan) from entry, while rescinding other orders, including an order promoting access to voting for individuals legally entitled to vote. The bill also rescinds orders establishing the Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA) programs. (Generally, DACA defers the deportation of eligible aliens who entered the United States as minors, while DAPA is a similar program for the alien parents of U.S. citizens or permanent residents.)
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1883 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1883
To enact a moratorium on immigration, build the wall, prioritize
securing the Southern border, repeal certain Executive orders which
endanger the security of the United States, re-assert a zero-tolerance
immigration policy, ensure the safe return of unaccompanied alien
children, reduce human trafficking, deport criminal aliens, and end
chain migration.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 12, 2021
Mrs. Greene of Georgia introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committees on Homeland Security, Ways and Means, Intelligence
(Permanent Select), Foreign Affairs, Armed Services, Energy and
Commerce, House Administration, and Science, Space, and Technology, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To enact a moratorium on immigration, build the wall, prioritize
securing the Southern border, repeal certain Executive orders which
endanger the security of the United States, re-assert a zero-tolerance
immigration policy, ensure the safe return of unaccompanied alien
children, reduce human trafficking, deport criminal aliens, and end
chain migration.
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; SEVERABILITY; DEFINITIONS.
(a) This Act may be cited as the ``Protect America First Act''.
(b) Table of Contents.--The table of contents of this Act are as
follows:
Sec. 1. Short title; table of contents; severability; definitions.
Sec. 2. Purpose.
Sec. 3. Findings.
Sec. 4. Sense of Congress.
Sec. 5. Reduced removal period for aliens ordered removed.
Sec. 6. Temporary immigration moratorium; expedited deportation.
Sec. 7. ICE detention of violent aliens.
Sec. 8. No Federal funding for ``Sanctuary Cities''.
Sec. 9. Empowering local law enforcement to ensure immigration
security.
Sec. 10. Build the wall.
Sec. 11. Re-asserting zero-tolerance immigration policy.
Sec. 12. Repeal of certain Executive orders signed after January 19,
2021.
Sec. 13. Rescinding Deferred Action for Childhood Arrivals (DACA) and
Deferred Action for Parental Accountability
(DAPA).
Sec. 14. Prohibition of financial aid to Mexico, Central American, and
South American countries.
(c) Severability.--If any provision of this Act, or the application
of such provision to any person or circumstance, is held invalid, the
remainder of this Act, and the application of such provision to other
persons not similarly situated or to other circumstances, shall not be
affected by such invalidation.
(d) Definitions.--In this Act:
(1) ``Alien'' refers to anyone who is not a citizen or a
national of the United States as defined in the Immigration and
Nationality Act (INA) 101(a)(3), 8 U.S.C. 1101(a)(3).
(2) ``Inadmissible Alien'' refers to any alien who is
ineligible to receive visas or be lawfully admitted to the
United States.
(3) ``Central American country'' is defined as any of the
following countries: Guatemala, Belize, El Salvador, Honduras,
Nicaragua, Costa Rica, and Panama.
(4) ``South American country'' is defined as any of the
following countries: Brazil, Argentina, Peru, Columbia,
Bolivia, Venezuela, Chile, Paraguay, Ecuador, Guyana, Uruguay,
Suriname, and French Guiana.
SEC. 2. PURPOSE.
It is the purpose of this Act to cease all foreign immigration to
the United States for a period of four years until the border is
secured and Americans can return to work. It is also the purpose of
this Act to repeal certain Executive orders which endanger the security
of the United States, re-assert a zero-tolerance immigration policy,
ensure the safe return of unaccompanied alien children, reduce human
trafficking, deport criminal aliens, and end chain migration.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The Constitution gives Congress absolute power to
create a uniform rule of naturalization under Article I,
Section 8, Clause 4.
(2) Between 2013 and 2014, the number of unaccompanied
children apprehended at the border increased nearly 80 percent,
from 38,759 in fiscal year 2013 (October 2012-September 2013)
to 68,541 in fiscal year 2014 (October 2013-September 2014).
(3) The New York Times concluded that the William
Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008 (Public Law 110-457, hereafter ``Wilberforce Act'')
enacted during the transition to the Obama administration was
at the root of the calamitous flow of unaccompanied minors to
the Nation's southern border in 2014.
(4) According to Cable News Network (CNN), the Wilberforce
Act contributed to the surge of child migrants from Central
America by preventing the United States from sending the
children back without an asylum hearing.
(5) According to then-Presidential Candidate Biden, it is a
``moral failing when children are locked away in overcrowded
detention centers''.
(6) According to the Los Angeles Times, President Obama's
Administration, under the leadership of Vice President Joe
Biden, Homeland Security Secretary Jeh Johnson and Deputy
Secretary Alejandro Mayorkas, built the overcrowded detention
centers (so-called ``cages'').
(7) President Biden has made the following actions
concerning immigration:
(A) Revoked President Trump's travel ban (Executive
Order 13780) and allowed visa processing to begin
again.
(B) Stopped all construction of a Southern border
wall and started the process to redirect the funds
appropriated for building a border wall.
(C) Given Federal agencies the power to completely
overhaul President Trump's immigration policies
(Executive Order 13993).
(D) Declared that Federal agents can no longer
deputize local law enforcement to assist at the border
when they are overwhelmed (Executive Order 13993).
(E) Directed the Department of Homeland Security to
preserve and fortify DACA.
(F) Directed the Department of Homeland Security to
expand pathways for individuals from the Northern
Triangle to enter the United States, including by chain
migration, and reintroduces ``catch and release''
immigration practices (Executive Order 14010).
(G) Stopped President Trump's efforts to halt
immigration in order to slow the spread of COVID-19
(Executive Order 14010).
(H) Targeted President Trump's Migration Protection
Protocols for probable recission so that asylum seekers
can enter more easily (Executive Order 14010).
(8) President Trump supported deporting all undocumented
immigrants (``inadmissible aliens'') and called for an end to
unnaturalized birthright citizenship in the United States.
(9) According to the BBC, border detentions significantly
increased under the Trump Administration.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that:
(1) The legal immigration system of the United States
should be curtailed to those that can contribute not only
economically but have demonstrated respect for this Nation's
culture and rule of law.
(2) America's borders must be defended, and illegal
immigration must be stopped without exception.
(3) A measure of a country's greatness is the value
recognized in being a citizen. As such, America cannot tarnish
the citizenship designation by rewarding those who fail to
follow the laws at the expense of those who do.
(4) Amnesty must be rejected in all forms.
(5) Unnaturalized birthright citizenship--which actively
encourages hostile interests to undermine the legitimacy of
democratic self-governance by engaging in subversive ``birth
tourism'' and chain migration--is contrary to the intent of the
14th Amendment to the Constitution.
(6) Federally imposed refugee resettlement programs should
be rejected due both to disruption to local communities and the
corruption rampant within these programs.
SEC. 5. REDUCED REMOVAL PERIOD FOR ALIENS ORDERED REMOVED.
Title 8 U.S.C. 1231(a)(1)(A) is amended by striking ``90 days'' and
inserting ``30 days''.
SEC. 6. TEMPORARY IMMIGRATION MORATORIUM; EXPEDITED DEPORTATION.
Title 8, United States Code, is amended by adding at the end the
following new section:
``SEC. 1383. TEMPORARY MORATORIUM OF IMMIGRATION; RAPID DEPORTATION.
``(a) Notwithstanding any other provision of law, following the
date of enactment of this Act, any alien who unlawfully enters the
United States without a valid passport or other proof of U.S.
Citizenship at a port of entry shall be treated as an `inadmissible
alien' under 8 U.S.C. 1182(a) and under a removal order from the
Attorney General as prescribed at 8 U.S.C. 1231(a)(1)(A).
``(b) Further, such inadmissible aliens shall also be--
``(1) assumed to fall under the communicable disease-
carrying health-related status (8 U.S.C. 1182(1)(A)(i)); and
``(2) be subject to immediate detention and deportation (as
though already ordered by the Attorney General at 8 U.S.C.
1231(a)(1)(A)) to their country of origin within 30 days of
being detained by a United States law enforcement or Homeland
Security officer.
``(c) Further, such inadmissible aliens who are detained after
January 1, 2021, shall not be required to appear before an immigration
judge for adjudication pursuant to the procedures outlined in 8 U.S.C.
1229(a) and 8 U.S.C. 1229.
``(d) Further, such removal proceedings under 1229(a) shall be used
to adjudicate asylum and immigration claims filed before January 1,
2021.
``(e) Further, such inadmissible aliens as described in this
section shall, under no circumstances, be released from law enforcement
custody while awaiting deportation.
``(f) Time Limitation.--This section shall apply for 4 calendar
years following the date of enactment of this Act.''.
SEC. 7. ICE DETENTION OF VIOLENT ALIENS.
(a) Section 236(c) of the Immigration and Nationality Act (8 U.S.C.
1226(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraphs (A) and (B), by striking the
comma at the end of each subparagraph and inserting a
semicolon;
(B) in subparagraph (C)--
(i) by striking ``sentence'' and inserting
``sentenced''; and
(ii) by striking ``, or'' and inserting a
semicolon;
(C) in subparagraph (D), by striking the comma at
the end and inserting ``; or''; and
(D) by inserting after subparagraph (D) the
following:
``(E)(i)(I) was not inspected and admitted into the
United States;
``(II) held a nonimmigrant visa (or other
documentation authorizing admission into the United
States as a nonimmigrant) that has been revoked under
section 221(i); or
``(III) is described in section 237(a)(1)(C)(i);
and
``(ii) has been charged by a prosecuting authority
in the United States with any crime that resulted in
the death or serious bodily injury (as defined in
section 1365(h)(3) of title 18, United States Code) of
another person,''; and
(2) by adding at the end the following:
``(3) Notification requirement.--Upon encountering or
gaining knowledge of an alien described in paragraph (1), the
Assistant Secretary of Homeland Security for Immigration and
Customs Enforcement shall make reasonable efforts--
``(A) to obtain information from law enforcement
agencies and from other available sources regarding the
identity of any victims of the crimes for which such
alien was charged or convicted; and
``(B) to provide the victim or, if the victim is
deceased, a parent, guardian, spouse, or closest living
relative of such victim, with information, on a timely
and ongoing basis, including--
``(i) the alien's full name, aliases, date
of birth, and country of nationality;
``(ii) the alien's immigration status and
criminal history;
``(iii) the alien's custody status and any
changes related to the alien's custody; and
``(iv) a description of any efforts by the
United States Government to remove the alien
from the United States.''.
(b) Savings Provision.--Nothing in this Act, or the amendments made
by this Act, may be construed to limit the rights of crime victims
under any other provision of law, including section 3771 of title 18,
United States Code.
SEC. 8. NO FEDERAL FUNDING FOR ``SANCTUARY CITIES''.
Section 241(i) of the Immigration and Nationality Act (8 U.S.C.
1231(i)) is amended by adding at the end the following:
``(7) A State (or a political subdivision of a State) shall
not be eligible to enter into a contractual arrangement under
paragraph (1) if the State (or political subdivision)--
``(A) has in effect any law, policy, or procedure
in contravention of subsection (a) or (b) of section
642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373); or
``(B) prohibits State or local law enforcement
officials from gathering information regarding the
citizenship or immigration status, lawful or unlawful,
of any individual.''.
(a) Limitation on DOJ Grant Programs.--
(1) Cops.--In the case of a State or unit of local
government that received a grant award under part Q of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796dd et seq.), if, during a fiscal year, that State or
local government is a State or local government described in
subsection (c), the Attorney General shall withhold all of the
amount that would otherwise be awarded to that State or unit of
local government for the following fiscal year.
(2) Byrne-JAG.--In the case of a State or unit of local
government that received a grant award under subpart 1 of part
E of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3750 et seq.), if, during a fiscal year,
that State or unit of local government is described in
subsection (c), the Attorney General shall withhold all of the
amount that would otherwise be awarded to that State or unit of
local government for the following fiscal year.
(3) States and local governments described.--A State or
unit of local government described in this subsection is any
State or local government that--
(A) has in effect any law, policy, or procedure in
contravention of subsection (a) or (b) of section 642
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373); or
(B) prohibits State or local law enforcement
officials from gathering information regarding the
citizenship or immigration status, lawful or unlawful,
of any individual.
SEC. 9. EMPOWERING LOCAL LAW ENFORCEMENT TO ENSURE IMMIGRATION
SECURITY.
(a) Federal Affirmation of Assistance in the Immigration Law
Enforcement by States and Political Subdivisions of States.--
Notwithstanding any other provision of law and reaffirming the existing
inherent authority of States, law enforcement personnel of a State, or
of a political subdivision of a State, have the inherent authority of a
sovereign entity to investigate, identify, apprehend, arrest, detain,
or transfer to Federal custody aliens in the United States (including
the transportation of such aliens across State lines to detention
centers), for the purposes of assisting in the enforcement of the
immigration laws of the United States in the course of carrying out
routine duties. This State authority has never been displaced or
preempted by Congress.
(b) State Authorization for Assistance in the Enforcement of
Immigration Laws Encouraged.--
(1) In general.--Effective on the enactment date of this
Act, a State, or a political subdivision of a State, that has
in effect a statute, policy, or practice that prohibits law
enforcement officers of the State, or of a political
subdivision of the State, from assisting or cooperating with
Federal immigration law enforcement in the course of carrying
out the officers' routine law enforcement duties shall not
receive any of the funds that would otherwise be allocated to
the State under section 241(i) of the Immigration and
Nationality Act (8 U.S.C. 1231(i)).
(2) Construction.--Nothing in this section shall require
law enforcement officials from States, or from political
subdivisions of States, to report or arrest victims or
witnesses of a criminal offense.
(3) Reallocation of funds.--Any funds that are not
allocated to a State, or to a political subdivision of a State,
due to the failure of the State, or of the political
subdivision of the State, to comply with subsection (a) shall
be reallocated to States, or to political subdivisions of
States, that comply with such subsection.
(c) Listing of Immigration Violators in the National Crime
Information Center Database.--
(1) Provision of information to the ncic.--Not later than
180 days after the date of the enactment of this Act and
periodically thereafter as updates may require, the Under
Secretary for Border and Transportation Security of the
Department of Homeland Security shall provide the National
Crime Information Center of the Department of Justice with such
information as the Under Secretary may possess regarding any
aliens against whom a final order of removal has been issued,
any aliens who have signed a voluntary departure agreement, any
aliens who have overstayed their authorized period of stay, and
any aliens whose visas have been revoked. The National Crime
Information Center shall enter such information into the
Immigration Violators File of the National Crime Information
Center database, regardless of whether--
(A) the alien concerned received notice of a final
order of removal;
(B) the alien concerned has already been removed;
or
(C) sufficient identifying information is available
with respect to the alien concerned.
(2) Inclusion of information in the ncic database.--
(A) In general.--Section 534(a) of title 28, United
States Code, is amended--
(i) in paragraph (3), by striking ``and''
at the end;
(ii) by redesignating paragraph (4) as
paragraph (5); and
(iii) by inserting after paragraph (3) the
following new paragraph:
``(4) acquire, collect, classify, and preserve records of
violations by aliens of the immigration laws of the United
States, regardless of whether any such alien has received
notice of the violation or whether sufficient identifying
information is available with respect to any such alien and
even if any such alien has already been removed from the United
States; and''.
(B) Effective date.--The Attorney General shall
ensure that the amendment made by paragraph (1) is
implemented by not later than 6 months after the date
of the enactment of this Act.
(d) State and Local Law Enforcement Provision of Information About
Apprehended Aliens.--
(1) Provision of information.--In compliance with section
642(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373) and section 434 of
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1644), each State, and each political
subdivision of a State, shall provide the Secretary of Homeland
Security in a timely manner with the information specified in
subsection (b) with respect to each alien apprehended in the
jurisdiction of the State, or in the political subdivision of
the State, who is believed to be in violation of the
immigration laws of the United States.
(2) Information required.--The information referred to in
subsection (a) is as follows:
(A) The alien's name.
(B) The alien's address or place of residence.
(C) A physical description of the alien.
(D) The date, time, and location of the encounter
with the alien and reason for stopping, detaining,
apprehending, or arresting the alien.
(E) If applicable, the alien's driver's license
number and the State of issuance of such license.
(F) If applicable, the type of any other
identification document issued to the alien, any
designation number contained on the identification
document, and the issuing entity for the identification
document.
(G) If applicable, the license plate number, make,
and model of any automobile registered to, or driven
by, the alien.
(H) A photo of the alien, if available or readily
obtainable.
(I) The alien's fingerprints, if available or
readily obtainable.
(3) Annual report on reporting.--The Secretary shall
maintain and annually submit to Congress a detailed report
listing the States, or the political subdivisions of States,
that have provided information under subsection (d)(1) in the
preceding year.
(4) Reimbursement.--The Secretary of Homeland Security
shall reimburse States, and political subdivisions of a State,
for all reasonable costs, as determined by the Secretary,
incurred by the State, or the political subdivision of a State,
as a result of providing information under subsection (d)(1).
(5) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary $200,000,000 to remain
available until expended to carry out this section.
(6) Construction.--Nothing in this section shall require
law enforcement officials of a State, or of a political
subdivision of a State, to provide the Secretary of Homeland
Security with information related to a victim of a crime or
witness to a criminal offense.
(e) Financial Assistance to State and Local Police Agencies That
Assist in the Enforcement of Immigration Laws.--
(1) Grants for special equipment for housing and processing
certain aliens.--From amounts made available to make grants
under this section, the Secretary of Homeland Security shall
make grants to States, and to political subdivisions of States,
for procurement of equipment, technology, facilities, and other
products that facilitate and are directly related to
investigating, apprehending, arresting, detaining, or
transporting aliens who have violated the immigration laws of
the United States, including additional administrative costs
incurred under this Act.
(2) Eligibility.--To be eligible to receive a grant under
this section, a State, or a political subdivision of a State,
must have the authority to, and shall have a written policy and
a practice to, assist in the enforcement of the immigration
laws of the United States in the course of carrying out the
routine law enforcement duties of such State or political
subdivision of a State. Entities covered under this section may
not have any policy or practice that prevents local law
enforcement from inquiring about a suspect's immigration
status.
(3) Funding.--There are authorized to be appropriated to
the Secretary for grants under this section $200,000,000 for
fiscal year 2021 and each subsequent fiscal year.
(4) GAO audit.--Not later than three years after the date
of the enactment of this Act, the Comptroller General of the
United States shall conduct an audit of funds distributed to
States, and to political subdivisions of a State, under
subsection (e)(1).
(f) Federal Custody of Aliens Unlawfully Present in the United
States Apprehended by State or Local Law Enforcement.--
(1) State apprehension.--
(A) In general.--Title II of the Immigration and
Nationality Act (8 U.S.C. 1151 et seq.) is amended by
inserting after section 240C the following:
``custody of aliens unlawfully present in the united states
``Sec. 240D. (a) Transfer of Custody by State and Local
Officials.--If a State, or a political subdivision of the State,
exercising authority with respect to the apprehension or arrest of an
alien who is unlawfully present in the United States submits to the
Secretary of Homeland Security a request that the alien be taken into
Federal custody, the Secretary--
``(1) not later than 48 hours after the conclusion of the
State, or the political subdivision of a State, charging
process or dismissal process, or if no State or political
subdivision charging or dismissal process is required, not
later than 48 hours after the alien is apprehended, shall take
the alien into the custody of the Federal Government and
incarcerate the alien; or
``(2) shall request that the relevant State or local law
enforcement agency temporarily incarcerate or transport the
alien for transfer to Federal custody.
``(b) Policy on Detention in State and Local Detention
Facilities.--In carrying out section 241(g)(1), the Attorney General or
the Secretary of Homeland Security shall ensure that an alien arrested
under this Act shall be detained, pending the alien's being taken for
the examination under this section, in a State or local prison, jail,
detention center, or other comparable facility. Notwithstanding any
other provision of law or regulation, such facility is adequate for
detention, if--
``(1) such a facility is the most suitably located Federal,
State, or local facility available for such purpose under the
circumstances;
``(2) an appropriate arrangement for such use of the
facility can be made; and
``(3) such facility satisfies the standards for the
housing, care, and security of persons held in custody of a
United States marshal.
``(c) Reimbursement.--The Secretary of Homeland Security shall
reimburse States, and political subdivisions of a State, for all
reasonable expenses, as determined by the Secretary, incurred by the
State, or political subdivision, as a result of the incarceration and
transportation of an alien who is unlawfully present in the United
States as described in subparagraphs (A) and (B) of subsection (a)(1).
Compensation provided for costs incurred under such subparagraphs shall
be the average cost of incarceration of a prisoner in the relevant
State, as determined by the chief executive officer of a State, or of a
political subdivision of a State, plus the cost of transporting the
alien from the point of apprehension to the place of detention, and to
the custody transfer point if the place of detention and place of
custody are different.
``(d) Secure Facilities.--The Secretary of Homeland Security shall
ensure that aliens incarcerated in Federal facilities pursuant to this
Act are held in facilities that provide an appropriate level of
security.
``(e) Transfer.--
``(1) In general.--In carrying out this section, the
Secretary of Homeland Security shall establish a regular
circuit and schedule for the prompt transfer of apprehended
aliens from the custody of States, and political subdivisions
of a State, to Federal custody.
``(2) Contracts.--The Secretary may enter into contracts,
including appropriate private contracts, to implement this
subsection.
``(f) Definition.--For purposes of this section, the term `alien
who is unlawfully present in the United States' means an alien who--
``(1) entered the United States without inspection or at
any time, manner or place other than that designated by the
Secretary of Homeland Security;
``(2) was admitted as a nonimmigrant and who, at the time
the alien was taken into custody by the State, or a political
subdivision of the State, had failed to--
``(A) maintain the nonimmigrant status in which the
alien was admitted or to which it was changed under
section 248; or
``(B) comply with the conditions of any such
status;
``(3) was admitted as an immigrant and has subsequently
failed to comply with the requirements of that status; or
``(4) failed to depart the United States under a voluntary
departure agreement or under a final order of removal.''.
(B) Clerical amendment.--The table of contents of
such Act is amended by inserting after the item
relating to section 240C the following new item:
``SEC. 240D. CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE UNITED
STATES.''.
(2) GAO audit.--Not later than three years after the date
of the enactment of this Act, the Comptroller General of the
United States shall conduct an audit of compensation to States,
and to political subdivisions of a State, for the incarceration
of aliens unlawfully present in the United States under section
240D(a) of the Immigration and Nationality Act (as added by
subsection (a)(1)).
(g) Immunity.--
(1) Personal immunity.--Notwithstanding any other provision
of law, a law enforcement officer of a State or local law
enforcement agency who is acting within the scope of the
officer's official duties shall be immune, to the same extent
as a Federal law enforcement officer, from personal liability
arising out of the performance of any duty described in this
Act.
(2) Agency immunity.--Notwithstanding any other provision
of law, a State or local law enforcement agency shall be immune
from any claim for money damages based on Federal, State, or
local civil rights law for an incident arising out of the
enforcement of any immigration law, except to the extent a law
enforcement officer of such agency committed a violation of
Federal, State, or local criminal law in the course of
enforcing such immigration law.
(h) Institutional Removal Program.--
(1) Continuation and expansion.--
(A) In general.--The Secretary of Homeland Security
shall continue to operate and implement the program
known as the Institutional Removal Program (IRP)
which--
(i) identifies removable criminal aliens in
Federal and State correctional facilities;
(ii) ensures such aliens are not released
into the community; and
(iii) removes such aliens from the United
States after the completion of their sentences.
(B) Expansion.--The Institutional Removal Program
shall be extended to all States. Any State that
receives Federal funds for the incarceration of
criminal aliens shall--
(i) cooperate with officials of the
Institutional Removal Program;
(ii) expeditiously and systematically
identify criminal aliens in its prison and jail
populations; and
(iii) promptly convey such information to
officials of such Program as a condition of
receiving such funds.
(2) Authorization for detention after completion of state
or local prison sentence.--Law enforcement officers of a State,
or of a political subdivision of a State, are authorized to--
(A) hold a criminal alien for a period of up to 14
days after the alien has completed the alien's State
prison sentence in order to effectuate the transfer of
the alien to Federal custody when the alien is
removable or not lawfully present in the United States;
or
(B) issue a detainer that would allow aliens who
have served a State prison sentence to be detained by
the State prison until personnel from United States
Immigration and Customs Enforcement can take the alien
into custody.
SEC. 10. BUILD THE WALL.
(a) Establishment of Fund.--At the end of subchapter III of chapter
33 of title 31, United States Code, insert the following:
``SEC. 3344. SECURE THE SOUTHERN BORDER FUND.
``(a) In General.--Not later than 30 days after the date of
enactment of this section, the Secretary of the Treasury shall
establish an account in the Treasury of the United States, to be known
as the `Secure the Southern Border Fund', into which funds shall be
deposited in accordance with subsections (c) and (d) below.
``(b) Appropriation.--Funds deposited in the Secure the Southern
Border Fund shall be available until expended. Such funds are
authorized to be appropriated, and are appropriated, to the Secretary
of Homeland Security only--
``(1) to plan, design, construct, or maintain a barrier
along the international border between the United States and
Mexico; and
``(2) to purchase and maintain necessary vehicles and
equipment for U.S. Border Patrol agents.
``(c) Limitation.--Not more than 5 percent of the funds deposited
in the Secure the Southern Border Fund may be used for the purpose
described in subsection (b)(2).
``(d) Initial Authorization of Appropriation.--There is authorized
to be appropriated $22,000,000,000 to the Secure the Southern Border
Fund, to remain available until expended.''.
(b) Construction of Border Wall.--
(1) Improvement of barriers at 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--
(A) by amending subsection (a) to read as follows:
``(a) In General.--Not later than December 31, 2021, 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, and install physical barriers, roads, and
technology along the international land border between the United
States and Mexico to prevent illegal crossings in all areas.'';
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in the paragraph heading, by
striking ``Additional fencing'' and
inserting ``Fencing'';
(II) by striking subparagraph (A)
and inserting the following:
``(A) Physical barriers.--In carrying out
subsection (a), the Secretary of Homeland Security
shall construct physical barriers, including secondary
barriers in locations where there is already a fence,
along the international land border between the United
States and Mexico that will prevent illegal entry and
will assist in gaining operational control of the
border (as defined in section 2(b) of the Secure Fence
Act of 2006 (8 U.S.C. 1701 note; Public Law 109-
367)).'';
(III) by striking subparagraph (B)
and redesignating subparagraphs (C) and
(D) as subparagraphs (B) and (C),
respectively;
(IV) in subparagraph (B), as so
redesignated--
(aa) by striking clause (i)
and inserting the following:
``(i) In general.--In carrying out this
section, the Secretary of Homeland Security
shall, before constructing physical barriers in
a specific area or region, consult with the
Secretary of the Interior, the Secretary of
Agriculture, appropriate Federal, State, local,
and tribal governments, and appropriate private
property owners in the United States to
minimize the impact on the environment,
culture, commerce, and quality of life for the
communities and residents located near the
sites at which such physical barriers are to be
constructed. Nothing in this paragraph should
be construed to limit the Secretary of Homeland
Security's authority to move forward with
construction after consultation.'';
(bb) by redesignating
clause (ii) as clause (iii);
and
(cc) by inserting after
clause (i), as amended, the
following new clause:
``(ii) Notification.--Not later than 60
days after the consultation required under
clause (i), the Secretary of Homeland Security
shall notify the Committees on the Judiciary of
the House of Representatives and of the Senate,
the Committee on Homeland Security of the House
of Representatives, and the Committee on
Homeland Security and Governmental Affairs of
the Senate of the type of physical barriers,
tactical infrastructure, or technology the
Secretary has determined is most practical and
effective to achieve situational awareness and
operational control in a specific area or
region and the other alternatives the Secretary
considered before making such a
determination.''; and
(V) by striking subparagraph (C),
as so redesignated, and inserting the
following:
``(C) Limitation on requirements.--Notwithstanding
subparagraph (A), nothing in this paragraph shall
require the Secretary of Homeland Security to install
fencing, physical barriers, or roads, in a particular
location along the international border between the
United States and Mexico, if the Secretary determines
that there is a pre-existing geographical barrier or
pre-constructed, impenetrable wall. The Secretary must
notify the House and Senate Committees on the
Judiciary, the House Committee on Homeland Security,
and the Senate Committee on Homeland Security and
Governmental Affairs of any decision not to install
fencing in accordance with this provision within 30
days of a determination being made.'';
(C) in paragraph (2)--
(i) by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
and
(ii) by striking ``fences'' and inserting
``physical barriers and roads'';
(D) in paragraph (3)--
(i) by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
and
(ii) by striking ``additional fencing'' and
inserting ``physical barriers and roads''; and
(E) in subsection (c), by amending paragraph (1) to
read as follows:
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall have the
authority to waive all legal requirements the Secretary, in the
Secretary's sole discretion, determines necessary to ensure the
expeditious design, testing, construction, installation,
deployment, operation, and maintenance of physical barriers,
roads, and technology under this section. Any such decision by
the Secretary shall be effective upon publication in the
Federal Register.''.
(c) Achieving Operational Control on the Border.--Subsection (a) of
section 2 the Secure Fence Act of 2006 (8 U.S.C. 1701 note) is amended,
in the matter preceding paragraph (1), by striking ``18 months after
the date of the enactment of this Act'' and inserting ``December 31,
2021''.
(d) In General.--The Southern border barrier (``wall'') shall be
referred to as the ``President Donald J. Trump Wall.''
SEC. 11. RE-ASSERTING ZERO-TOLERANCE IMMIGRATION POLICY.
(a) In General.--Notwithstanding any executive action to the
contrary, the following executive declarations and orders shall be the
policy of the United States and have the force of law upon the
enactment date of this Act:
(1) Executive Order 13767.
(2) Executive Order 13768.
(3) Executive Order 13780.
(4) Executive Order 13788.
(5) Executive Order 13802.
(6) Presidential Memorandum, Issued April 6, 2018, ending
``Catch-and-Release''.
(7) Department of Justice Zero-Tolerance Policy, Adopted
April 6, 2018.
(8) Department of Homeland Security Migrant Protection
Protocols, Issued January 24, 2019.
(9) Proclamation 9844, February 15, 2019.
(10) Executive Order 13888.
(11) Orders from the Centers for Disease Control, issued
October 10, 2020.
SEC. 12. REPEAL OF CERTAIN EXECUTIVE ORDERS SIGNED AFTER JANUARY 19,
2021.
(a) In General.--Notwithstanding any executive action to the
contrary, the following executive declarations, proclamations, and
orders are hereby null and void:
(1) Proclamation 10141.
(2) Proclamation 10142.
(3) Executive Order 13993.
(4) Memorandum from Acting Secretary of the Department of
Homeland Security, issued January 20, 2021.
(5) Memorandum on Deferred Action for Childhood Arrivals
(DACA) issued January 20, 2021.
(6) Executive Order 14010.
(7) Executive Order 14011.
(8) Executive Order 14012.
(9) Executive Order on Promoting Access to Voting, issued
March 7, 2021.
SEC. 13. RESCINDING DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) AND
DEFERRED ACTION FOR PARENTAL ACCOUNTABILITY (DAPA).
(a) In General.--The following executive memoranda are hereby
rescinded:
(1) Memorandum from the Department of Homeland Security
entitled ``Exercising Prosecutorial Discretion with Respect to
Individuals Who Came to the United States as Children'', issued
June 15, 2012.
(2) Memorandum from the Department of Homeland Security
entitled ``Exercising Prosecutorial Discretion with Respect to
Individuals Who Came to the United States as Children and with
Respect to Certain Individuals Who Are the Parents of U.S.
Citizens or Permanent Residents'', issued November 20, 2014.
SEC. 14. PROHIBITION OF FINANCIAL AID TO MEXICO, CENTRAL AMERICAN, AND
SOUTH AMERICAN COUNTRIES.
(a) In General.--Prohibition of Federal Disbursement of Funds to
Certain Countries Whose Citizens Are Detained and Deported as
Inadmissible Aliens under this Act:
(1) None of the funds authorized to be appropriated in
fiscal year 2021 or any fiscal year thereafter shall be
disbursed to Mexico, or any Central American or South American
country, or political subdivision thereof, or any public or
private organization, or person therein residing, or business
therein incorporated, whose citizens--either naturalized or
conferred--are detained and removed as ``inadmissible aliens''
under Sections 5, 6, or 7 of this Act following the enactment
of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Intelligence (Permanent Select), Foreign Affairs, Armed Services, Energy and Commerce, House Administration, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Intelligence (Permanent Select), Foreign Affairs, Armed Services, Energy and Commerce, House Administration, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Intelligence (Permanent Select), Foreign Affairs, Armed Services, Energy and Commerce, House Administration, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Intelligence (Permanent Select), Foreign Affairs, Armed Services, Energy and Commerce, House Administration, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Intelligence (Permanent Select), Foreign Affairs, Armed Services, Energy and Commerce, House Administration, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Intelligence (Permanent Select), Foreign Affairs, Armed Services, Energy and Commerce, House Administration, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Intelligence (Permanent Select), Foreign Affairs, Armed Services, Energy and Commerce, House Administration, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Intelligence (Permanent Select), Foreign Affairs, Armed Services, Energy and Commerce, House Administration, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Intelligence (Permanent Select), Foreign Affairs, Armed Services, Energy and Commerce, House Administration, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Trade.
Referred to the Subcommittee on Border Security, Facilitation, and Operations.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Immigration and Citizenship.