Anti-Caravan Act of 2022
This bill imposes criminal penalties on any individual who organizes or provides material support for a group of 25 or more non-U.S. nationals (aliens under federal law) crossing international land borders with the intent to enter the United States without valid entry documents or lawful immigration status and in violation of any law.
The bill also bars any non-U.S. national who participates in or organizes such a group from receiving any immigration benefit or status for specified periods of time.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7464 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7464
To place certain limitations on migrant caravans, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 7, 2022
Ms. Herrell (for herself, Mr. Weber of Texas, Mr. Higgins of Louisiana,
Ms. Malliotakis, Mr. Mooney, Mrs. Miller of Illinois, Mrs. Boebert, and
Mr. Budd) introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committee on the
Judiciary, 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 place certain limitations on migrant caravans, 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 ``Anti-Caravan Act of 2022''.
SEC. 2. LIMITATIONS ON MIGRANT CARAVANS.
(a) Controlled Flow Policy.--
(1) Funding.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation
with the Secretary of Homeland Security, shall make such
amounts available in the form of reimbursements to the
government of a Central American country or Mexico as may be
necessary to cover up to 70 percent of the cost of any flight
to return an alien to the alien's country of origin or
nationality if such alien is determined by the appropriate
government authorities in the respective country to have
unlawfully entered the country in a migrant caravan and be in
transit to the United States. The total amount reimbursed to a
government of a Central American country of Mexico for this
purpose shall not exceed the amount authorized by
appropriations for the applicable fiscal year.
(2) Central american country defined.--In this subsection,
the term ``Central American country'' means a country that has
implemented a controlled flow policy, including--
(A) Guatemala;
(B) Panama;
(C) El Salvador;
(D) Costa Rica;
(E) Honduras;
(F) Nicaragua; and
(G) Belize.
(b) Foreign Aid for Certain Immigration Activities.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Homeland Security, shall
develop a program to provide direct funding to a Western
Hemisphere country or other country determined by the Secretary
of State to have a policy deterring unlawful travel from a
source country of illegal migration to the United States. Such
funding may be used to fund immigration detention, processing
immigration cases, and repatriation flights for foreign
nationals to be returned to their country of nationality.
(2) Funding.--The Secretary of State, in consultation with
the Secretary of Homeland Security, shall make such amounts
available in the form of reimbursements to the government of a
Western Hemisphere country as may be necessary to cover up to
70 percent of percent of the costs for legal processing,
detention, and air transportation, to be derived from amounts
appropriated.
(c) Well-Founded Fear for Certain Asylum Seekers.--Section
208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2))
is amended by adding at the end the following new subparagraph:
``(F) Migrant caravans.--
``(i) In general.--Paragraph (1) shall not
apply to an alien if the Secretary of Homeland
Security determines that the alien entered the
United States in a group of more than 25 aliens
in an hour period within a quarter mile along
the United States-Mexico border region unless
such alien enters the United States at a port
of entry.
``(ii) Reporting requirement.--Not later
than 180 days after the date of the enactment
of the Anti-Caravan Act of 2022, and quarterly
thereafter, the Secretary of Homeland Security
and Attorney General shall submit a report to
the Committee on the Judiciary and Committee on
Homeland Security of the House of
Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate
on the number of migrant caravans encountered
along the United States-Mexico border region
from which country the migrant caravans
originated, through which countries they
transited, and what actions any Central
American country or Mexico took to repatriate,
detain, or impede the transit of a migrant
caravan.''.
(d) Criminal and Immigration Penalties for Organizers and
Participants in a Migrant Caravan.--Chapter 8 of the Immigration and
Nationality Act (8 U.S.C. 1321 et seq.) is amended by inserting after
section 276 the following new section:
``SEC. 276A. PENALTIES FOR ORGANIZERS AND PARTICIPANTS IN A MIGRANT
CARAVAN.
``(a) In General.--
``(1) Participant.--An alien who participated in a migrant
caravan, as determined by the Attorney General and the
Secretary of Homeland Security, shall be ineligible for any
immigration benefit or status under this Act for 10 years from
the date on which the migrant is encountered by U.S. Customs
and Border Protection with respect to such participation.
``(2) Organizer or financier.--An alien who organized or
financed a migrant caravan, as determined by the Attorney
General and the Secretary of Homeland Security, shall be
ineligible for any immigration benefit or status under this Act
for 30 years from the date on which such a determination is
made.
``(b) Criminal Penalties.--An individual who knowingly organized,
financed, or otherwise provided material support a migrant caravan
shall be fined under title 18, United States Code, or imprisoned not
less than 10 years, or both.
``(c) Migrant Caravan Defined.--The term `migrant caravan' means a
group of 25 or more individuals moving by land across international
borders with the intent to enter the United States without valid entry
documents or lawful immigration status, as determined by the Secretary
of Homeland Security and the government of a country of transit, in
violation of the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) or any other law.''.
(e) Funds Required.--The Secretary of State may use $60,000,000 to
be derived from the unobligated balances of the amounts appropriated
under section 7045(a)(1) of the Consolidated Appropriations Act, 2022
(Public Law 117-103) for the purpose of carrying out this Act.
(f) Definitions.--In this section:
(1) Migrant caravan.--The term ``migrant caravan'' means a
group of 25 or more individuals moving by land across
international borders with the intent to enter the United
States without valid entry documents or lawful immigration
status, as determined by the Secretary of Homeland Security and
the government of a country of transit, in violation of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) or any
other law.
(2) Source country.--The term ``source country'' means a
country whose nationals account for more than 1.9 percent of
all U.S. Customs and Border Protection encounters, as
determined annually by the Secretary of Homeland Security, at
the southwest border of the United States.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, 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 Foreign Affairs, and in addition to the Committee on the Judiciary, 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 Immigration and Citizenship.
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