No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10034 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10034
To secure the border and reform the immigration laws, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 25, 2024
Mr. Duarte 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, Foreign Affairs, and House
Administration, 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 secure the border and reform the immigration laws, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Border Security
and Immigration Reform 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. Border patrol strategic plan.
Sec. 113. U.S. Customs and Border Protection spiritual readiness.
Sec. 114. Restrictions on funding.
Sec. 115. Collection of DNA and biometric information at the border.
Sec. 116. 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.
Sec. 117. Publication by U.S. Customs and Border Protection of
operational statistics.
Sec. 118. Alien criminal background checks.
Sec. 119. Prohibited identification documents at airport security
checkpoints; notification to immigration
agencies.
Sec. 120. Prohibition against any COVID-19 vaccine mandate or adverse
action against DHS employees.
Sec. 121. CBP One app limitation.
Sec. 122. Report on Mexican drug cartels.
Sec. 123. GAO study on costs incurred by States to secure the southwest
border.
Sec. 124. Report by Inspector General of the Department of Homeland
Security.
Sec. 125. Offsetting authorizations of appropriations.
Sec. 126. Report to Congress on foreign terrorist organizations.
Sec. 127. 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--DIGNITY PROGRAM
Sec. 801. Establishment.
Sec. 802. Eligibility.
Sec. 803. Registration; departure.
Sec. 804. Program participation.
Sec. 805. Completion.
DIVISION C--AGRICULTURAL WORKER PROGRAM
TITLE I--PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
Sec. 101. Short title.
Sec. 102. Blue card status.
Sec. 103. Adjustment to permanent resident status.
Sec. 104. Use of information.
Sec. 105. Reports on blue cards.
Sec. 106. Authorization of appropriations.
TITLE II--CORRECTION OF SOCIAL SECURITY RECORDS
Sec. 201. Correction of Social Security records.
TITLE III--DEFINITIONS
Sec. 301. Definitions.
DIVISION D--SAVE ACT
Sec. 101. Short title.
Sec. 102. Ensuring only citizens are registered to vote in elections
for Federal office.
Sec. 103. Election Assistance Commission guidance.
Sec. 104. Inapplicability of Paperwork Reduction Act.
Sec. 105. Duty of Secretary of Homeland Security to notify election
officials of naturalization.
Sec. 106. Rule of construction regarding provisional ballots.
Sec. 107. Rule of construction regarding effect on State exemptions
from other Federal laws.
Sec. 108. Effective date.
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:
``(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 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 2023
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, 2025, 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 2024 and 2025 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 2025 and 2026 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, 2025, 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, 2027, 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 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 the
Border Security and Immigration Reform 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;
``(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 the Border Security and
Immigration Reform 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. 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.
(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. 113. 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. 114. 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. 115. 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. 116. 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. 117. 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. 118. 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 to access pursuant to this section met
the standards described in subsection (b).
SEC. 119. 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. 120. 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. 121. 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. 122. 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. 123. 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. 124. 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 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. 125. 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. 126. 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. 127. 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);
``(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
``(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 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 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, 2025, 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 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.
(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--
``(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--DIGNITY PROGRAM
SEC. 801. ESTABLISHMENT.
(a) In General.--There is established a program, to be known as the
``Dignity Program'' under this subtitle, which shall provide for
deferred action on removal and the provision of employment and travel
authorization in the case of eligible applicants, in accordance with
the provisions of this subtitle.
(b) Abolition of 3- and 10-Year Bars.--For purposes of this
subtitle, section 212(a)(9) of the Immigration and Nationality Act
shall not apply for purposes of any person who applies and thereafter
participates in the Dignity Program.
SEC. 802. ELIGIBILITY.
The Secretary of Homeland Security shall approve an application to
participate in the Dignity Program from an eligible alien subject to
the following:
(1) Application.--The applicant shall submit such
information that the Secretary determines sufficient to prove
the following:
(A) That the alien--
(i) has been continually physically present
in the United States for a period of not less
than 5 years prior to the date of enactment of
this Act;
(ii) was granted deferred action pursuant
to the Deferred Action for Childhood Arrivals
policy announced by the Secretary of Homeland
Security on June 15, 2012; or
(iii) has completed or is enrolled in post-
secondary schooling, including trade school or
community college.
(B) That the alien is not inadmissible under
section 212(a) of the Immigration and Nationality Act
(except that paragraph (9) shall not apply for purposes
of this section).
(2) Submission of biometric and biographic data; background
checks.--
(A) Submission of biometric and biographic data.--
The Secretary may not approve such an application,
unless the alien submits biometric and biographic data,
in accordance with procedures established by the
Secretary. The Secretary shall provide an alternative
procedure for aliens who are unable to provide such
biometric or biographic data because of a physical
impairment.
(B) Background checks.--The Secretary shall use
biometric, biographic, and other data that the
Secretary determines appropriate to conduct security
and law enforcement background checks and to determine
whether there is any criminal, national security, or
other factor that would render the alien ineligible for
participation in the Dignity Program in accordance with
paragraph (3). The application for participation in the
Dignity Program may not be approved unless security and
law enforcement background checks are completed to the
satisfaction of the Secretary.
(3) Grounds of ineligibility.--Except as provided in
paragraph (2), an alien is ineligible for participation in the
Dignity Program if, excluding any offense under State law for
which an essential element is the alien's immigration status,
and any minor traffic offense, the alien has been convicted
of--
(A) any felony offense;
(B) two or more misdemeanor offenses (excluding
simple possession of cannabis or cannabis-related
paraphernalia, any offense involving cannabis or
cannabis-related paraphernalia which is no longer
prosecutable in the State in which the conviction was
entered, and any offense involving civil disobedience
without violence) not occurring on the same date, and
not arising out of the same act, omission, or scheme of
misconduct; or
(C) a misdemeanor offense of domestic violence,
unless the alien demonstrates that such crime is
related to the alien having been--
(i) a victim of domestic violence, sexual
assault, stalking, child abuse or neglect,
abuse or neglect in later life, or human
trafficking;
(ii) battered or subjected to extreme
cruelty; or
(iii) a victim of criminal activity
described in section 101(a)(15)(U)(iii) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U)(iii)).
(4) Waivers for certain misdemeanors.--For humanitarian
purposes, family unity, or if otherwise in the public interest,
the Secretary may waive--
(A) the grounds of inadmissibility under
subparagraphs (A), (C), and (D) of section 212(a)(2) of
the Immigration and Nationality Act (8 U.S.C.
1182(a)(2)); and
(B) consideration of--
(i) one misdemeanor offense if the alien
has not been convicted of any offense in the 5-
year period preceding the date on which the
alien applies for adjustment of status; or
(ii) up to two misdemeanor offenses if the
alien has not been convicted of any offense in
the 10-year period preceding the date on which
the alien applies for adjustment of status.
SEC. 803. REGISTRATION; DEPARTURE.
(a) Registration.--Any alien approved to participate in the Dignity
Program shall--
(1) register with the Secretary of Homeland Security;
(2) submit biometric and biographic data to the Secretary;
and
(3) submit a sworn declaration stipulating to presence in
the United States without a lawful immigration status, and, as
appropriate, unlawful presence, in the United States.
(b) Departure.--Not later than 24 months after the date of the
enactment of this Act, any alien present in the United States without
lawful status under the immigration laws shall apply for the Dignity
Program or depart the United States.
(c) Intentional Self-Deportation.--Any alien that voluntarily
departs the United States not later than 24 months after the date of
the enactment of this Act shall not be subject to the provisions of
section 212(a)(9) of the Immigration and Nationality Act with respect
to--
(1) any removal ordered under section 235(b)(1) of such Act
or at the end of proceedings under section 240 of such Act
initiated upon the alien's arrival in the United States; or
(2) any removal ordered under section 240 of such Act,
prior to the date of the enactment of this Act.
(d) Limitation on Removal.--An alien who appears to be prima facie
eligible for status under this subtitle during the 24-month period
following the date of enactment of this Act may not be removed or fined
based on their immigration status--
(1) during such period; and
(2) in the case that the alien applies for status under
this subtitle, until a final decision establishing
ineligibility for such status is rendered.
(e) Exception.--This section does not apply in the case of any
alien with a valid Notice to Appear in immigration court or with a
pending determination on their immigration status that is not decided
before this date.
SEC. 804. PROGRAM PARTICIPATION.
(a) In General.--Any applicant who is approved to participate in
the Dignity Program shall make an appointment with USCIS who shall
issue an order deferring further action for a period of 5 years.
(b) Conditions.--Each participant in the Dignity Program shall
conform to the following:
(1) Report.--The participant shall biennially report to the
Secretary of Homeland Security and provide the following
information:
(A) Place of residence.
(B) Testimony as to good standing within the
community.
(2) Lawful conduct.--The participant shall comply with all
Federal and State laws.
(3) Employment.--The participant shall remain, for a period
of not less than 4 years during their participation in the
Dignity Program, employed (including self-employment and
serving as a caregiver) or enrolled in a course of study at an
institute of higher education, as defined in section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002), or an area
career and technical education school, as defined in section 3
of the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2302). The Secretary may waive the application
of this paragraph in the case of any alien with dependents
under the age of 12, any alien the Secretary determines would
be unable to reasonably comply by reason of a disability or
other impediment, or anyone above 65 years of age.
(4) Taxes.--The participant shall pay any applicable taxes
and satisfy any tax obligations outstanding within 10 years of
the date of application approval.
(5) Support dependents.--The participant shall support any
dependents including by providing food, shelter, clothing,
education, and covering basic medical needs.
(6) Medical costs.--
(A) In general.--The participant shall be enrolled
under qualifying health coverage.
(B) Definition.--For purposes of this paragraph,
the term ``qualifying health coverage'' means, with
respect to the participant, the higher of the following
levels of coverage applicable to such alien:
(i) At a minimum, catastrophic health
insurance coverage that provides coverage of
such individual with respect to at least the
State of employment and State of residence of
the alien.
(ii) In the case of an alien whose State of
residence or State of employment requires such
an alien to maintain coverage under health
insurance, such health insurance.
(7) Public benefits.--Beginning on the date of
participation in the Dignity Program, the participant shall not
avail himself or herself of any Federal means-tested benefits
or entitlement programs. For purposes of this paragraph, any
benefits received by a child or dependent that is a United
States citizen living in the same household shall not be taken
into account.
(8) Levy.--In addition to other taxes, there is hereby
imposed on the income of every participant a tax equal to 1.5
percent of the adjusted gross income (as defined in section
3121(a) of the Internal Revenue Code of 1986) received by the
individual with respect to employment (as defined in section
3121(b) the Internal Revenue Code of 1986). The participant
shall comply with the requirements of section 9512 of the
Internal Revenue Code of 1986.
(9) Exemption from certain payroll taxes.--A participant
shall not be liable for any tax under section 3101 or 3102 of
the Internal Revenue Code of 1986.
(c) Authorizing Participants Approved To Participate in the Dignity
Program To Enlist in the Armed Forces.--
(1) Waiver.--Under this provision, for any individual in
the Dignity program that enlists in the Armed Forces, the
conditions outlined in subsection (b) shall be waived during
their service.
(2) Completion of term of enlistment.--Upon completion of a
term of enlistment, the requirements of the Dignity Program
shall be satisfied for that individual, and that individual
shall be eligible to adjust to lawful permanent resident status
through the Armed Forces.
(d) Violations.--If a participant violates a condition under
subsection (b), the Secretary may at the Secretary's discretion, waive
enforcement of minor violations including late fees, take extenuating
circumstances into effect, or consider factors of undue hardship, but
in all other cases, the Secretary shall initiate removal proceedings.
In such proceedings, the immigration judge may make a determination as
to whether to order removal or to issue an order modifying the
conditions of that participant's participation in the Dignity Program.
SEC. 805. COMPLETION.
(a) In General.--Except as provided in subsection (c), upon
satisfying the conditions set forth in subsection (b) and thereby
successfully completing the Dignity Program, the participant may choose
to adjust status to that of an alien lawfully admitted for permanent
residence.
(b) Completion.--The conditions set forth in this subsection for
successful completion of the Dignity Program are as follows:
(1) Compliance with all requirements of section 802(b)(1).
(2) Compliance with the requirement of section 802(b)(3)
for the entire period of the participation in the Dignity
Program.
(c) Limitation on Applicability.--No alien may adjust status to
that of an alien lawfully admitted for permanent residence under this
section until the Comptroller General of the United States certifies to
Congress that--
(1) U.S. Customs and Border Protection has achieved
detection and apprehension rate of 80 percent or higher for
individuals attempting to cross the southern border of the
United States unlawfully during the previous 12-month period;
and
(2) 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, has resumed in
accordance with section 102(a)(1) of division A.
DIVISION C--AGRICULTURAL WORKER PROGRAM
TITLE I--PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
SEC. 101. SHORT TITLE.
This division may be cited as the ``Agricultural Worker Program Act
of 2024''.
SEC. 102. BLUE CARD STATUS.
(a) Requirements for Blue Card Status.--Notwithstanding any other
provision of law, the Secretary may grant blue card status to an alien
who--
(1)(A) has completed qualified work;
(B)(i) is the spouse or child of an alien described in
subparagraph (A);
(ii) was physically present in the United States on or
before the date of the enactment of this Act; and
(iii) has maintained continuous presence in the United
States from that date until the date on which the alien is
granted blue card status; or
(C) is, or has been, a nonimmigrant alien admitted to the
United States for agricultural employment described in section
101(a)(15)(H)(ii)(a) of such Act who has completed qualified
work;
(2) is not ineligible under subsection (d)(2);
(3) submits a completed application before the end of the
period set forth in subsection (b)(3);
(4) passes the national security and law enforcement
clearances required under subsection (d)(1) to the satisfactory
of the Secretary; and
(5) pays the required processing fees and penalties in
accordance with subsection (e).
(b) Application.--
(1) Submission requirements.--An alien described in
subsection (a)(1) who is seeking blue card status shall submit
an application--
(A) to the Secretary, with the assistance of an
attorney or a nonprofit religious, charitable, social
service, or similar organization recognized by the
Board of Immigration Appeals under section 292.2 of
title 8, Code of Federal Regulations; or
(B) to a qualified entity if the applicant consents
to the forwarding of the application to the Secretary.
(2) Evidence of application filing.--As soon as practicable
after receiving each application for blue card status under
paragraph (1), the Secretary shall provide the applicant with a
document acknowledging the receipt of such application.
(3) Application period.--
(A) Initial period.--Except as provided in
subparagraphs (B) and (C), the Secretary shall accept
applications for blue card status from aliens in the
United States during the 18-month period beginning on
the date on which the final rule is published in the
Federal Register pursuant to subsection (j).
(B) Exception.--Aliens described in subsection
(a)(1)(C) may apply for blue card status from outside
of the United States.
(C) Extension.--If the Secretary determines, during
the initial period described in subparagraph (A), that
additional time is required to process applications for
blue card status or for other good cause, the Secretary
may extend the period for accepting applications for an
additional 18 months.
(4) Application.--
(A) In general.--The application form referred to
in paragraph (1) shall collect such information as the
Secretary determines necessary and appropriate.
(B) Family application.--The Secretary shall
establish a process through which an alien may submit a
single application under this section on behalf of the
alien and his or her spouse and children who meet the
requirements set forth in subsection (a)(1)(B).
(5) Adjudication.--
(A) Interview.--The Secretary may interview
applicants for blue card status to determine whether
they meet the eligibility requirements set forth in
this section.
(B) Failure to submit sufficient evidence.--The
Secretary may deny an application for blue card status
submitted by an alien who fails to submit evidence of
the alien's eligibility for such status.
(C) Notice.--If the Secretary denies an application
for blue card status, the Secretary shall--
(i) send a written notice to the applicant
that provides the applicant with the basis for
denial; and
(ii) provide the alien with an opportunity
to cure the denial within a reasonable time.
(D) Amended application.--An alien whose
application for blue card status is denied under
subparagraph (B) may submit an amended application for
such status to the Secretary if the amended
application--
(i) is submitted within the application
period described in paragraph (3); and
(ii) contains all the required information
and fees that were missing from the initial
application.
(E) Additional procedures.--The Secretary may
utilize the procedures set forth in sections 103.2 and
103.3 of title 8, Code of Federal Regulations, as in
effect on the date of the enactment of this Act, to
adjudicate requests for blue card status to the extent
such procedures are consistent with the requirements
under this section.
(6) Evidence of blue card status.--
(A) In general.--The Secretary shall issue
documentary evidence of blue card status to each alien
whose application for such status has been approved.
(B) Documentation features.--Documentary evidence
provided under subparagraph (A)--
(i) shall be machine-readable and tamper-
resistant;
(ii) shall contain a digitized photograph;
(iii) shall, during the alien's authorized
period of admission, and any extension of such
authorized admission, serve as a valid travel
and entry document for the purpose of applying
for admission to the United States;
(iv) may be accepted during the period of
its validity by an employer as evidence of
employment authorization and identity under
section 274A(b)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1324a(b)(1)(B)); and
(v) shall include such other features and
information as the Secretary may prescribe.
(c) Special Rules for Blue Card Applicants and Aliens Eligible for
Blue Card Status.--
(1) Aliens apprehended before or during the application
period.--If an alien, who is apprehended during the period
beginning on the date of the enactment of this Act and ending
on the last day of the application period described in
paragraph (3), appears prima facie eligible for blue card
status, the Secretary--
(A) shall provide the alien with a reasonable
opportunity to submit an application for such status
under this section during such application period; and
(B) may not remove the individual until a final
administrative determination is made on the
application.
(2) Aliens in removal proceedings.--Notwithstanding any
other provision of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) if an alien is in removal, deportation, or
exclusion proceedings during the period beginning on the date
of the enactment of this Act and ending on the last day of the
application period described in subsection (b)(3) and is prima
facie eligible for blue card status under this section, upon
motion by the Secretary and with the consent of the alien or
upon motion by the alien, the Executive Office for Immigration
Review shall--
(A) terminate such proceedings without prejudice to
future proceedings; and
(B) permit the alien a reasonable opportunity to
apply for such status.
(3) Treatment of aliens previously ordered removed.--
(A) In general.--If an alien who meets the
eligibility requirements set forth in subsection (a) is
present in the United States and has been ordered
excluded, deported, or removed, or ordered to depart
voluntarily from the United States under any provision
of the Immigration and Nationality Act--
(i) notwithstanding such order or section
241(a)(5) of the Immigration and Nationality
Act (8 U.S.C. 1231(a)(5)), the alien may apply
for blue card status under this section; and
(ii) if the alien is granted such status,
the alien may file a motion to reopen the
exclusion, deportation, removal, or voluntary
departure order, which motion shall be granted.
(B) Limitations on motions to reopen.--The
limitations on motions to reopen set forth in section
240(c)(7) of the Immigration and Nationality Act (8
U.S.C. 1229a(c)(7)) shall not apply to motions filed
under subparagraph (A)(ii).
(4) Period pending adjudication of application.--During the
period beginning on the date on which an alien applies for blue
card status under this section and ending on the date on which
the Secretary makes a final decision regarding such
application, the alien--
(A) is eligible to apply for advance parole;
(B) may not be detained by the Secretary or removed
from the United States unless the Secretary makes a
prima facie determination that such alien is, or has
become, ineligible for blue card status under
subsection (d)(2);
(C) shall not be considered unlawfully present
under section 212(a)(9)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(9)(B)); and
(D) shall not be considered an unauthorized alien
(as defined in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3))).
(5) Effect of departure.--Section 101(g) of the Immigration
and Nationality Act (8 U.S.C. 1101(g)) shall not apply to an
alien granted--
(A) advance parole under paragraph (4)(A) to
reenter the United States; or
(B) blue card status.
(6) Protection from detention or removal during blue card
status.--An alien granted blue card status under this section
may not be detained by the Secretary or removed from the United
States unless--
(A) the alien is removable under section 237 of the
Immigration and Nationality Act (8 U.S.C. 1227); or
(B) the alien's blue card status has been revoked.
(7) Duration of status.--Beginning on the date that is
eight years after the date on which regulations are published
under subsection (j), no alien may remain in blue card status.
(d) Required Background Investigations and Ineligibility.--
(1) In general.--
(A) Biometric and biographic data.--The Secretary
may not grant blue card status to an alien or an alien
dependent spouse or child under this section unless
such alien submits biometric and biographic data in
accordance with procedures established by the
Secretary.
(B) Alternative procedures.--The Secretary shall
provide an alternative procedure for applicants who
cannot provide the standard biometric data required
under subparagraph (A) because of a physical
impairment.
(C) Data collection.--The Secretary shall collect,
from each alien applying for status under this section,
biometric, biographic, and other data that the
Secretary determines to be appropriate in order to
conduct a background investigation and determine the
alien's eligibility for blue card status.
(2) Grounds for ineligibility.--
(A) In general.--Except as provided in subparagraph
(B), an alien is ineligible for blue card status if the
Secretary determines that the alien--
(i) has a conviction for--
(I) an offense classified as a
felony in the convicting jurisdiction
(other than a State or local offense
for which an essential element was the
alien's immigration status, or a
violation of the Immigration and
Nationality Act (8 U.S.C. 1101 et
seq.));
(II) an aggravated felony (as
defined in section 101(a)(43) of the
Immigration and Nationality Act (8
U.S.C. 1101(a)(43)) at the time of the
conviction);
(III) 3 or more misdemeanor
offenses (other than minor traffic
offenses or State or local offenses for
which an essential element was the
alien's immigration status, or
violations of the Immigration and
Nationality Act) if the alien was
convicted on different dates for each
of the 3 offenses;
(IV) any offense under foreign law,
except for a purely political offense,
which, if the offense had been
committed in the United States, would
render the alien inadmissible under
section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)),
excluding the paragraphs set forth in
clause (ii), or removable under section
237(a) of such Act (8 U.S.C. 1227(a)),
except as provided in paragraph (3) of
such section 237(a); or
(V) unlawful voting (as defined in
section 237(a)(6) of the Immigration
and Nationality Act (8 U.S.C.
1227(a)(6)));
(ii) is inadmissible under section 212(a)
of the Immigration and Nationality Act (8
U.S.C. 1182(a)), except that in determining an
alien's inadmissibility--
(I) paragraphs (4), (5), (7), and
(9)(B) of such section 212(a) shall not
apply;
(II) subparagraphs (A), (C), (D),
(F), and (G) of such section 212(a)(6)
and paragraphs (9)(C) and (10)(B) of
such section 212(a) shall not apply
unless based on the act of unlawfully
entering the United States after the
date of the enactment of this Act; and
(III) paragraphs (6)(B) and (9)(A)
of such section 212(a) shall not apply
unless the relevant conduct began on or
after the date on which the alien files
an application for registered
provisional immigrant status under this
section;
(iii) is an alien who the Secretary knows
or has reasonable grounds to believe, is
engaged in or is likely to engage after entry
in any terrorist activity (as defined in
section 212(a)(3)(B)(iv) of such Act); or
(iv) was, on the date of the enactment of
this Act--
(I) an alien lawfully admitted for
permanent residence; or
(II) an alien admitted as a refugee
under section 207 of the Immigration
and Nationality Act (8 U.S.C. 1157) or
granted asylum under section 208 of
such Act (8 U.S.C. 1158).
(B) Waiver.--
(i) In general.--The Secretary may waive
the application of subparagraph (A)(i)(III) or
any provision of section 212(a) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)) that is not listed in clause (ii) on
behalf of an alien for humanitarian purposes,
to ensure family unity, or if such a waiver is
otherwise in the public interest. Any
discretionary authority to waive grounds of
inadmissibility under such section 212(a)
conferred under any other provision of the
Immigration and Nationality Act shall apply
equally to aliens seeking blue card status
under this section.
(ii) Exceptions.--The discretionary
authority under clause (i) may not be used to
waive--
(I) subparagraph (B), (C), (D)(ii),
(E), (G), (H), or (I) of section
212(a)(2) of such Act;
(II) section 212(a)(3) of such Act;
or
(III) subparagraph (A), (C), (D),
or (E) of section 212(a)(10) of such
Act.
(C) Conviction explained.--For purposes of this
paragraph, the term ``conviction'' does not include a
judgment that has been expunged, set aside, or the
equivalent.
(D) Rule of construction.--Nothing in this
paragraph may be construed to require the Secretary to
commence removal proceedings against an alien.
(e) Fees and Penalties.--
(1) Standard processing fee.--Aliens 16 years of age or
older who are applying for blue card status under this
subsection, or for an extension of such status, shall pay a
processing fee to the Department of Homeland Security in an
amount determined by the Secretary.
(2) Recovery of costs.--The processing fee authorized under
paragraph (1) shall be set at a level that is sufficient to
recover the full costs of processing the application, including
any costs incurred--
(A) to adjudicate the application;
(B) to take and process biometric data;
(C) to perform national security and criminal
checks, including adjudication;
(D) to prevent and investigate fraud; and
(E) to administer the collection of such fee.
(3) Authority to limit fees.--The Secretary may issue
regulations--
(A) to limit the maximum processing fee payable
under this subsection by a family, including spouses
and unmarried children younger than 21 years of age;
and
(B) to exempt defined classes of individuals from
the payment of the fee required under paragraph (1).
(4) Penalty.--In addition to the processing fee required
under paragraph (1), aliens applying for blue card status under
this subsection who are 21 years of age or older shall pay a
$100 penalty to the Department of Homeland Security.
(5) Deposit and use of processing fees and penalties.--Fees
and penalties authorized under this subsection--
(A) shall be deposited into the Immigration
Examinations Fee Account pursuant to section 286(m) of
the Immigration and Nationality Act (8 U.S.C. 1356(m));
and
(B) shall remain available until expended pursuant
to section 286(n) of such Act.
(f) Terms and Conditions of Blue Card Status.--
(1) Conditions of blue card status.--
(A) Employment.--Notwithstanding any other
provision of law, including section 241(a)(7) of the
Immigration and Nationality Act (8 U.S.C. 1231(a)(7)),
an alien with blue card status shall be authorized to
be employed in the United States while in such status.
(B) Travel outside the united states.--An alien
with blue card status--
(i) may travel outside of the United
States, including commuting to the United
States from a residence in a foreign country;
and
(ii) may be admitted upon returning to the
United States without having to obtain a visa
if--
(I) the alien is in possession of--
(aa) valid, unexpired
documentary evidence of blue
card status that complies with
subsection (b)(6)(B); or
(bb) a travel document that
has been approved by the
Secretary and was issued to the
alien after the alien's
original documentary evidence
was lost, stolen, or destroyed;
(II) the alien's absence from the
United States did not exceed 180 days,
unless the alien's failure to timely
return was due to extenuating
circumstances beyond the alien's
control; and
(III) the alien establishes that he
or she is not inadmissible under
subparagraph (A)(i), (A)(iii), (B), or
(C) of section 212(a)(3) of the
Immigration and Nationality Act (8
U.S.C. 1182(a)(3)).
(C) Admission.--An alien granted blue card status
shall be considered to have been admitted in such
status as of the date on which the alien's application
was submitted.
(D) Clarification of status.--An alien granted blue
card status shall be considered lawfully admitted to
the United States.
(2) Revocation.--
(A) In general.--The Secretary may revoke blue card
status at any time after providing appropriate notice
to the alien, and after the exhaustion or waiver of all
applicable administrative review procedures if the
alien--
(i) no longer meets the eligibility
requirements for blue card status;
(ii) knowingly used documentation issued
under this section for an unlawful or
fraudulent purpose; or
(iii) was absent from the United States
for--
(I) any single period longer than
180 days in violation of the
requirement under paragraph
(1)(B)(ii)(II); or
(II) for more than 180 days in the
aggregate during any calendar year,
unless the alien's failure to timely
return was due to extenuating
circumstances beyond the alien's
control.
(B) Additional evidence.--
(i) In general.--In determining whether to
revoke an alien's status under subparagraph
(A), the Secretary may require the alien--
(I) to submit additional evidence;
and
(II) to appear for an interview.
(ii) Effect of noncompliance.--The blue
card status of an alien who fails to comply
with any requirement imposed by the Secretary
under clause (i) shall be revoked unless the
alien demonstrates to the Secretary's
satisfaction that such failure was reasonably
excusable.
(C) Invalidation of documentation.--If an alien's
blue card status is revoked pursuant to subparagraph
(A), any documentation issued by the Secretary to such
alien under subsection (b)(6) shall automatically be
rendered invalid for any purpose except for departure
from the United States.
(3) Ineligibility for public benefits.--An alien who has
been granted blue card status is not eligible for the Federal
means-tested public benefits unavailable to qualified aliens
under section 403 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)).
(4) Treatment of blue card status.--An alien granted blue
card status shall be considered lawfully present in the United
States for all purposes while such alien remains in such
status, except that the alien--
(A) is not entitled to the premium assistance tax
credit authorized under section 36B of the Internal
Revenue Code of 1986 (26 U.S.C. 36B) for his or her
coverage;
(B) shall be subject to the rules applicable to
individuals who are not lawfully present set forth in
subsection (e) of such section;
(C) shall be subject to the rules applicable to
individuals who are not lawfully present set forth in
section 1402(e) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18071(e)); and
(D) shall be subject to the rules applicable to
individuals not lawfully present set forth in section
5000A(d)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 5000A(d)(3)).
(g) Provisions Involving Employers.--
(1) Record of employment.--Employers of aliens granted blue
card status shall provide the alien and the Secretary with a
written record of employment each year the alien remains in
such status.
(2) Civil penalties.--
(A) In general.--If the Secretary determines, after
notice and an opportunity for a hearing, that an
employer of an alien granted blue card status has
knowingly failed to provide the record of employment
required under paragraph (1) or has provided a false
statement of material fact in such a record, the
employer shall be subject to a civil penalty in an
amount not to exceed $500 per violation.
(B) Limitation.--The penalty under subparagraph (A)
for failure to provide employment records shall not
apply unless the alien has provided the employer with
evidence of employment authorization described in
subsection (b)(11).
(C) Deposit of civil penalties.--Civil penalties
collected under this paragraph shall be deposited into
the Immigration Examinations Fee Account pursuant to
section 286(m) of the Immigration and Nationality Act
(8 U.S.C. 1356(m)).
(3) Continuing employment.--An employer that knows an alien
employee is an applicant for blue card status or will apply for
such status once the application period commences is not in
violation of section 274A(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1324a(a)(2)) if the employer
continues to employ the alien pending the adjudication of the
alien employee's application.
(4) Employer protections.--
(A) Use of employment records.--Copies of
employment records or other evidence of employment
provided by an alien or by an alien's employer in
support of an alien's application for blue card status
may not be used in a civil or criminal prosecution or
investigation of that employer under section 274A of
the Immigration and Nationality Act (8 U.S.C. 1324a) or
the Internal Revenue Code of 1986 for the prior
unlawful employment of that alien regardless of the
adjudication of such application or reconsideration by
the Secretary of such alien's prima facie eligibility
determination. Employers that provide unauthorized
aliens with copies of employment records or other
evidence of employment pursuant to an application for
blue card status shall not be subject to civil and
criminal liability pursuant to such section 274A for
employing such unauthorized aliens.
(B) Limit on applicability.--The protections for
employers and aliens under subparagraph (A) shall not
apply if the aliens or employers submit employment
records that are determined to be fraudulent.
(h) Administrative and Judicial Review.--
(1) In general.--Any administrative or judicial review of a
determination regarding an application for blue card status
shall comply with the requirements under this subsection.
(2) Administrative review.--
(A) Single level of appellate review.--The
Secretary shall establish an appellate authority to
provide for a single level of administration appellate
review of a final agency determination.
(B) Standard for review.--An administrative
appellate review established under subparagraph (A)
shall be based solely upon--
(i) the administrative record established
at the time of the determination regarding the
application; and
(ii) any additional or newly discovered
evidence that was not available at the time of
a final agency determination.
(3) Judicial review.--Judicial review of a determination
under this section shall be limited to the review of an order
of removal under section 242 of the Immigration and Nationality
Act (8 U.S.C. 1252).
(i) Disclosures and Privacy.--
(1) Prohibited disclosures.--Except as otherwise provided
in this subsection, no officer or employee of any Federal
agency may--
(A) use the information furnished in an application
for lawful status under this section or section 245B of
the Immigration and Nationality Act, for any purpose
other than to make a determination on any application
by the alien for any immigration benefit or protection;
(B) make any publication through which information
furnished by any particular applicant can be
identified; or
(C) permit anyone other than the sworn officers,
employees, and contractors of such agency or of another
entity approved by the Secretary to examine any
individual application for lawful status under this
section or such section 245B.
(2) Required disclosures.--The Secretary shall provide the
information furnished in an application filed under this
section or section 245B of the Immigration and Nationality Act
and any other information derived from such furnished
information to--
(A) a law enforcement agency, intelligence agency,
national security agency, a component of the Department
of Homeland Security, court, or grand jury, consistent
with law, in connection with--
(i) a criminal investigation or prosecution
of any felony not related to the applicant's
immigration status; or
(ii) a national security investigation or
prosecution; and
(B) an official coroner for purposes of
affirmatively identifying a deceased individual,
whether or not the death of such individual resulted
from a crime.
(3) Auditing and evaluation of information.--The Secretary
may--
(A) audit and evaluate information furnished as
part of any application filed under this section or
section 245B of the Immigration and Nationality Act for
purposes of identifying immigration fraud or fraud
schemes; and
(B) use any evidence detected by means of audits
and evaluations for purposes of investigating,
prosecuting, referring for prosecution, or denying or
terminating immigration benefits.
(4) Privacy and civil liberties.--
(A) In general.--The Secretary, in accordance with
paragraph (1), shall require appropriate administrative
and physical safeguards to protect the security,
confidentiality, and integrity of personally
identifiable information collected, maintained, and
disseminated pursuant to this section and section 245B
of the Immigration and Nationality Act.
(B) Assessments.--Notwithstanding the privacy
requirements set forth in section 222 of the Homeland
Security Act (6 U.S.C. 142) and the E-Government Act of
2002 (Public Law 107-347), the Secretary shall conduct
a privacy impact assessment and a civil liberties
impact assessment of the legalization program
established under this section and section 245B of the
Immigration and Nationality Act during the pendency of
the final regulations to be issued pursuant to
subsection (j).
(j) Rulemaking.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall issue final regulations to
implement this section.
SEC. 103. ADJUSTMENT TO PERMANENT RESIDENT STATUS.
(a) In General.--Chapter 5 of title II of the Immigration and
Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after
section 245A the following:
``SEC. 245B. ADJUSTMENT TO PERMANENT RESIDENT STATUS FOR AGRICULTURAL
WORKERS.
``(a) In General.--Except as provided in subsection (b), and not
earlier than 5 years after the date of the enactment of the
Agricultural Worker Program Act of 2024, the Secretary shall adjust the
status of an alien granted blue card status to that of an alien
lawfully admitted for permanent residence if the Secretary determines
that the following requirements are satisfied:
``(1) Qualifying employment.--Except as provided in
paragraph (3), the alien--
``(A) during the 8-year period beginning on the
date of the enactment of the Agricultural Worker
Program Act of 2024, performed not less than 100 work
days of agricultural employment during each of 5 years;
or
``(B) during the 5-year period beginning on such
date of enactment, performed not less than 150 work
days of agricultural employment during each of 3 years.
``(2) Evidence.--An alien may demonstrate compliance with
the requirement under paragraph (1) by submitting to the
Secretary--
``(A) the alien's record of employment (as
described in section 101(d) of the Agricultural Worker
Program Act of 2024);
``(B) documentation that may be submitted under
subsection (e)(4); or
``(C) any other documentation designated by the
Secretary for such purpose.
``(3) Extraordinary circumstances.--
``(A) In general.--In determining whether an alien
has met the requirement under paragraph (1), the
Secretary may credit the alien with not more than 12
additional months of agricultural employment in the
United States to meet such requirement if the alien was
unable to work in agricultural employment due to--
``(i) pregnancy, disabling injury, or
disease established by the alien through
medical records;
``(ii) illness, disease, or other special
needs of the alien's child established by the
alien through medical records;
``(iii) severe weather conditions that
prevented the alien from engaging in
agricultural employment for a significant
period; or
``(iv) termination from agricultural
employment, if the Secretary determines that--
``(I) the termination was without
just cause; and
``(II) the alien was unable to find
alternative agricultural employment
after a reasonable job search.
``(B) Effect of determination.--A determination
under subparagraph (A)(iv), with respect to an alien,
shall not be conclusive, binding, or admissible in a
separate or subsequent judicial or administrative
action or proceeding between the alien and a current or
prior employer of the alien or any other party.
``(4) Application period.--The alien applies for adjustment
of status before the expiration of the alien's blue card
status.
``(5) Fine.--The alien pays a fine of $400 to the
Secretary, which shall be deposited into the Immigration
Examinations Fee Account pursuant to section 286(m).
``(b) Grounds for Denial of Adjustment of Status.--
``(1) In general.--The Secretary may not adjust the status
of an alien granted blue card status if the alien--
``(A) is no longer eligible for blue card status;
or
``(B) failed to perform the qualifying employment
required under subsection (a)(1), after considering any
amount credited by the Secretary under subsection
(a)(3).
``(2) Maintenance of waivers of inadmissibility.--The
grounds of inadmissibility set forth in section 212(a) that
were previously waived for the alien or made inapplicable shall
not apply for purposes of the alien's adjustment of status
under this section.
``(3) Pending revocation proceedings.--If the Secretary has
notified the applicant that the Secretary intends to revoke the
applicant's blue card status, the Secretary may not approve an
application for adjustment of status under this section unless
the Secretary makes a final determination not to revoke the
applicant's status.
``(4) Payment of taxes.--
``(A) In general.--An alien may not file an
application for adjustment of status under this section
unless the applicant has satisfied any applicable
Federal tax liability.
``(B) Definition of applicable federal tax
liability.--In this paragraph, the term `applicable
federal tax liability' means all Federal income taxes
assessed in accordance with section 6203 of the
Internal Revenue Code of 1986 since the date on which
the applicant was authorized to work in the United
States in blue card status.
``(C) Compliance.--An alien may demonstrate
compliance with subparagraph (A) by submitting such
documentation as the Secretary, in consultation with
the Secretary of the Treasury, may require by
regulation.
``(c) Spouses and Children.--Notwithstanding any other provision of
law, the Secretary shall grant permanent resident status to the spouse
or child of an alien whose status was adjusted under subsection (a)
if--
``(1) the spouse or child (including any individual who was
a child on the date such alien was granted blue card status)
applies for or received such status;
``(2) the principal alien includes the spouse and children
in an application for adjustment of status to that of a lawful
permanent resident; and
``(3) the spouse or child is not ineligible for such
status.
``(d) Numerical Limitations.--The numerical limitations under
sections 201 and 202 shall not apply to the adjustment of aliens to
lawful permanent resident status under this section.
``(e) Submission of Applications.--
``(1) Interview.--The Secretary may interview applicants
for adjustment of status under this section to determine
whether the alien meets the eligibility requirements set forth
in this section.
``(2) Fees.--
``(A) In general.--Applicants for adjustment of
status under this section shall pay a processing fee to
the Secretary in an amount that will ensure the
recovery of the full costs of adjudicating such
applications, including--
``(i) the cost of taking and processing
biometric data;
``(ii) expenses relating to prevention and
investigation of fraud; and
``(iii) costs relating to the collection of
such fee.
``(B) Authority to limit fees.--The Secretary, by
regulation--
``(i) may limit the maximum processing fee
payable under this paragraph by a family,
including spouses and children; and
``(ii) may exempt defined classes of
individuals from the payment of the fee under
subparagraph (A).
``(3) Disposition of fees.--All fees collected under
paragraph (2)(A)--
``(A) shall be deposited into the Immigration
Examinations Fee Account pursuant to section 286(m);
and
``(B) shall remain available until expended
pursuant to section 286(n).
``(4) Documentation of work history.--
``(A) Burden of proof.--An alien applying for blue
card status under section 102 of the Agricultural
Worker Program Act of 2024 or for adjustment of status
under subsection (a) shall provide evidence that the
alien has worked the requisite number of hours or days
required under subsection (a)(1) of such section 102 or
subsection (a)(1) of this section, as applicable.
``(B) Timely production of records.--If an employer
or farm labor contractor employing such an alien has
kept proper and adequate records respecting such
employment, the alien's burden of proof under
subparagraph (A) may be met by securing timely
production of those records under regulations to be
promulgated by the Secretary.
``(C) Sufficient evidence.--An alien may meet the
burden of proof under subparagraph (A) to establish
that the alien has performed the days or hours of work
referred to in subparagraph (A) by producing sufficient
evidence to show the extent of that employment as a
matter of just and reasonable inference.
``(f) Penalties for False Statements in Applications.--
``(1) Criminal penalty.--Any person who--
``(A) files an application for blue card status
under section 102 of the Agricultural Worker Program
Act of 2024 or for an adjustment of status under this
section and knowingly and willfully falsifies,
conceals, or covers up a material fact or makes any
false, fictitious, or fraudulent statements or
representations, or makes or uses any false writing or
document knowing the same to contain any false,
fictitious, or fraudulent statement or entry; or
``(B) creates or supplies a false writing or
document for use in making such an application,
shall be fined in accordance with title 18, United States Code,
imprisoned not more than 5 years, or both.
``(2) Inadmissibility.--An alien who is convicted of a
crime described in paragraph (1) shall be deemed inadmissible
to the United States on the ground described in section
212(a)(6)(C)(i).
``(3) Deposit.--Fines collected under paragraph (1) shall
be deposited into the Immigration Examinations Fee Account
pursuant to section 286(m).
``(g) Eligibility for Legal Services.--Section 504(a)(11) of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-
55) may not be construed to prevent a recipient of funds under the
Legal Services Corporation Act (42 U.S.C. 2996 et seq.) from providing
legal assistance directly related to an application for blue card
status under section 41101 of the Agricultural Worker Program Act of
2024, to an individual who has been granted blue card status, or for an
application for an adjustment of status under this section.
``(h) Administrative and Judicial Review.--Aliens applying for blue
card status under section 102 of the Agricultural Worker Program Act of
2024 or for adjustment to permanent resident status under this section
shall be entitled to the rights and subject to the conditions
applicable to other classes of aliens under section 242.''.
(b) Conforming Amendment.--Section 201(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(1)) is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by inserting after subparagraph (D) the following:
``(E) Aliens granted lawful permanent resident
status under section 245B.''.
(c) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act (8 U.S.C. 1101 note) is amended by inserting after
the item relating to section 245A the following:
``Sec. 245B. Adjustment to permanent resident status for agricultural
workers.''.
SEC. 104. USE OF INFORMATION.
Beginning not later than the first day of the application period
described in section 102(b)(3), the Secretary, in cooperation with
qualified designated entities, shall broadly disseminate information
regarding--
(1) the benefits that aliens may receive under this title
and the amendments made by this title; and
(2) the requirements that an alien is required to meet to
receive such benefits.
SEC. 105. REPORTS ON BLUE CARDS.
Not later than six months after the publication of the final rule
under section 102(j), and annually thereafter for the following eight
years, the Secretary shall submit a report to Congress that identifies,
for the previous fiscal year--
(1) the number of aliens who applied for blue card status;
(2) the number of aliens who were granted blue card status;
(3) the number of aliens who applied for an adjustment of
status pursuant to section 245B(a) of the Immigration and
Nationality Act; and
(4) the number of aliens who received an adjustment of
status pursuant such section 245B(a).
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such
amounts as may be necessary to implement this title, including any
amounts needed for costs associated with the initiation of such
implementation during fiscal years 2025 and 2026.
TITLE II--CORRECTION OF SOCIAL SECURITY RECORDS
SEC. 201. CORRECTION OF SOCIAL SECURITY RECORDS.
(a) In General.--Section 208(e)(1) of the Social Security Act (42
U.S.C. 408(e)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(D) who is granted blue card status under section
102 of the Agricultural Worker Program Act of 2024,'';
and
(4) in the undesignated matter following subparagraph (D),
as added by paragraph (3), by striking ``1990.'' and inserting
``1990, or in the case of an alien described in subparagraph
(D), if such conduct is alleged to have occurred before the
date on which the alien was granted blue card status under
section 102(a) of the Agricultural Worker Program Act of
2024.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the seventh month that begins after the
date of the enactment of this Act.
TITLE III--DEFINITIONS
SEC. 301. DEFINITIONS.
In this division:
(1) Agricultural employment.--The term ``agricultural
employment'' has the meaning given such term in section 3 of
the Migrant and Seasonal Agricultural Worker Protection Act (29
U.S.C. 1802), without regard to whether the specific service or
activity is temporary or seasonal.
(2) Blue card status.--The term ``blue card status'' means
the status of an alien who has been lawfully admitted into the
United States for temporary residence under section 41101.
(3) Child.--The term ``child'' has the meaning given such
term in section 101(b)(1) of the Immigration and Nationality
Act (8 U.S.C. 1101(b)(1)).
(4) Continuous presence.--An alien shall be deemed to have
maintained ``continuous presence'' in the United States for
purposes of section 102(a)(1)(B)(iii) if any absences from the
United States during the applicable period were brief, casual,
and innocent, whether or not such absences were authorized by
the Secretary.
(5) Employer.--The term ``employer'' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in agricultural
employment.
(6) Qualified designated entity.--The term ``qualified
designated entity'' means--
(A) a qualified farm labor organization or an
association of employers designated by the Secretary;
or
(B) any other entity that the Secretary designates
as having substantial experience, demonstrated
competence, and a history of long-term involvement in
the preparation and submission of application for
adjustment of status under title II of the Immigration
and Nationality Act (8 U.S.C. 1151 et seq.).
(7) Qualified work.--The term ``qualified work'' means work
performed in agricultural employment in the United States for
not fewer than 575 hours or 100 work days during the 2-year
period ending on the date of the enactment of this Act.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(9) Work day.--The term ``work day'' means any day in which
the individual is employed 5.75 or more hours in agricultural
employment.
DIVISION D--SAVE ACT
SEC. 101. SHORT TITLE.
This Act may be cited as the ``Safeguard American Voter Eligibility
Act'' or the ``SAVE Act''.
SEC. 102. ENSURING ONLY CITIZENS ARE REGISTERED TO VOTE IN ELECTIONS
FOR FEDERAL OFFICE.
(a) Definition of Documentary Proof of United States Citizenship.--
Section 3 of the National Voter Registration Act of 1993 (52 U.S.C.
20502) is amended--
(1) by striking ``As used'' and inserting ``(a) In
General.--As used''; and
(2) by adding at the end the following:
``(b) Documentary Proof of United States Citizenship.--As used in
this Act, the term `documentary proof of United States citizenship'
means, with respect to an applicant for voter registration, any of the
following:
``(1) A form of identification issued consistent with the
requirements of the REAL ID Act of 2005 that indicates the
applicant is a citizen of the United States.
``(2) A valid United States passport.
``(3) The applicant's official United States military
identification card, together with a United States military
record of service showing that the applicant's place of birth
was in the United States.
``(4) A valid government-issued photo identification card
issued by a Federal, State or Tribal government showing that
the applicant's place of birth was in the United States.
``(5) A valid government-issued photo identification card
issued by a Federal, State or Tribal government other than an
identification described in paragraphs (1) through (4), but
only if presented together with one or more of the following:
``(A) A certified birth certificate issued by a
State, a unit of local government in a State, or a
Tribal government which--
``(i) was issued by the State, unit of
local government, or Tribal government in which
the applicant was born;
``(ii) was filed with the office
responsible for keeping vital records in the
State;
``(iii) includes the full name, date of
birth, and place of birth of the applicant;
``(iv) lists the full names of one or both
of the parents of the applicant;
``(v) has the signature of an individual
who is authorized to sign birth certificates on
behalf of the State, unit of local government,
or Tribal government in which the applicant was
born;
``(vi) includes the date that the
certificate was filed with the office
responsible for keeping vital records in the
State; and
``(vii) has the seal of the State, unit of
local government, or Tribal government that
issued the birth certificate.
``(B) An extract from a United States hospital
Record of Birth created at the time of the applicant's
birth which indicates that the applicant's place of
birth was in the United States.
``(C) A final adoption decree showing the
applicant's name and that the applicant's place of
birth was in the United States.
``(D) A Consular Report of Birth Abroad of a
citizen of the United States or a certification of the
applicant's Report of Birth of a United States citizen
issued by the Secretary of State.
``(E) A Naturalization Certificate or Certificate
of Citizenship issued by the Secretary of Homeland
Security or any other document or method of proof of
United States citizenship issued by the Federal
Government pursuant to the Immigration and Nationality
Act.
``(F) An American Indian Card issued by the
Department of Homeland Security with the classification
`KIC'.''.
(b) In General.--Section 4 of the National Voter Registration Act
of 1993 (52 U.S.C. 20503) is amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsection (c)'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Requiring Applicants To Present Documentary Proof of United
States Citizenship.--Under any method of voter registration in a State,
the State shall not accept and process an application to register to
vote in an election for Federal office unless the applicant presents
documentary proof of United States citizenship with the application.''.
(c) Registration With Application for Motor Vehicle Driver's
License.--Section 5 of the National Voter Registration Act of 1993 (52
U.S.C. 20504) is amended--
(1) in subsection (a)(1), by striking ``Each State motor
vehicle driver's license application'' and inserting ``Subject
to the requirements under section 8(j), each State motor
vehicle driver's license application'';
(2) in subsection (c)(1), by striking ``Each State shall
include'' and inserting ``Subject to the requirements under
section 8(j), each State shall include'';
(3) in subsection (c)(2)(B)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by adding ``and'' at the end;
and
(C) by adding at the end the following new clause:
``(iii) verify that the applicant is a citizen of
the United States;'';
(4) in subsection (c)(2)(C)(i), by striking ``(including
citizenship)'' and inserting ``, including the requirement that
the applicant provides documentary proof of United States
citizenship''; and
(5) in subsection (c)(2)(D)(iii), by striking ``; and'' and
inserting the following: ``, other than as evidence in a
criminal proceeding or immigration proceeding brought against
an applicant who knowingly attempts to register to vote and
knowingly makes a false declaration under penalty of perjury
that the applicant meets the eligibility requirements to
register to vote in an election for Federal office; and''.
(d) Requiring Documentary Proof of United States Citizenship With
National Mail Voter Registration Form.--Section 6 of the National Voter
Registration Act of 1993 (52 U.S.C. 20505) is amended--
(1) in subsection (a)(1)--
(A) by striking ``Each State shall accept and use''
and inserting ``Subject to the requirements under
section 8(j), each State shall accept and use''; and
(B) by striking ``Federal Election Commission'' and
inserting ``Election Assistance Commission'';
(2) in subsection (b), by adding at the end the following:
``The chief State election official of a State shall take such
steps as may be necessary to ensure that residents of the State
are aware of the requirement to provide documentary proof of
United States citizenship to register to vote in elections for
Federal office in the State.'';
(3) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B) by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) the person did not provide documentary proof of
United States citizenship when registering to vote.''; and
(4) by adding at the end the following new subsection:
``(e) Ensuring Proof of United States Citizenship.--
``(1) Presenting proof of united states citizenship to
election official.--An applicant who submits the mail voter
registration application form prescribed by the Election
Assistance Commission pursuant to section 9(a)(2) or a form
described in paragraph (1) or (2) of subsection (a) shall not
be registered to vote in an election for Federal office
unless--
``(A) the applicant presents documentary proof of
United States citizenship in person to the office of
the appropriate election official not later than the
deadline provided by State law for the receipt of a
completed voter registration application for the
election; or
``(B) in the case of a State which permits an
individual to register to vote in an election for
Federal office at a polling place on the day of the
election and on any day when voting, including early
voting, is permitted for the election, the applicant
presents documentary proof of United States citizenship
to the appropriate election official at the polling
place not later than the date of the election.
``(2) Notification of requirement.--Upon receiving an
otherwise completed mail voter registration application form
prescribed by the Election Assistance Commission pursuant to
section 9(a)(2) or a form described in paragraph (1) or (2) of
subsection (a), the appropriate election official shall
transmit a notice to the applicant of the requirement to
present documentary proof of United States citizenship under
this subsection, and shall include in the notice instructions
to enable the applicant to meet the requirement.
``(3) Accessibility.--Each State shall, in consultation
with the Election Assistance Commission, ensure that reasonable
accommodations are made to allow an individual with a
disability who submits the mail voter registration application
form prescribed by the Election Assistance Commission pursuant
to section 9(a)(2) or a form described in paragraph (1) or (2)
of subsection (a) to present documentary proof of United States
citizenship to the appropriate election official.''.
(e) Requirements for Voter Registration Agencies.--Section 7 of the
National Voter Registration Act of 1993 (52 U.S.C. 20506) is amended--
(1) in subsection (a)--
(A) in paragraph (4)(A), by adding at the end the
following new clause:
``(iv) Receipt of documentary proof of United States
citizenship of each applicant to register to vote in elections
for Federal office in the State.''; and
(B) in paragraph (6)--
(i) in subparagraph (A)(i)(I), by striking
``(including citizenship)'' and inserting ``,
including the requirement that the applicant
provides documentary proof of United States
citizenship'';
(ii) by redesignating subparagraph (B) as
subparagraph (C); and
(iii) by inserting after subparagraph (A)
the following new subparagraph:
``(B) ask the applicant the question, `Are you a citizen of
the United States?' and if the applicant answers in the
affirmative require documentary proof of United States
citizenship prior to providing the form under subparagraph
(C);''; and
(2) in subsection (c)(1), by inserting ``who are citizens
of the United States'' after ``for persons''.
(f) Requirements With Respect to Administration of Voter
Registration.--Section 8 of the National Voter Registration Act of 1993
(52 U.S.C. 20507) is amended--
(1) in subsection (a)--
(A) by striking ``In the administration of voter
registration'' and inserting ``Subject to the
requirements of subsection (j), in the administration
of voter registration''; and
(B) in paragraph (3)--
(i) in subparagraph (B), by striking ``or''
at the end; and
(ii) by adding at the end the following new
subparagraphs:
``(D) based on documentary proof or verified
information that the registrant is not a United States
citizen; or
``(E) the registration otherwise fails to comply
with applicable State law;'';
(2) by redesignating subsection (j) as subsection (l); and
(3) by inserting after subsection (i) the following new
subsections:
``(j) Ensuring Only Citizens Are Registered to Vote.--
``(1) In general.--Notwithstanding any other provision of
this Act, a State may not register an individual to vote in
elections for Federal office held in the State unless, at the
time the individual applies to register to vote, the individual
provides documentary proof of United States citizenship.
``(2) Additional processes in certain cases.--
``(A) Process for those without documentary
proof.--
``(i) In general.--Subject to any relevant
guidance adopted by the Election Assistance
Commission, each State shall establish a
process under which an applicant who cannot
provide documentary proof of United States
citizenship under paragraph (1) may, if the
applicant signs an attestation under penalty of
perjury that the applicant is a citizen of the
United States and eligible to vote in elections
for Federal office, submit such other evidence
to the appropriate State or local official
demonstrating that the applicant is a citizen
of the United States and such official shall
make a determination as to whether the
applicant has sufficiently established United
States citizenship for purposes of registering
to vote in elections for Federal office in the
State.
``(ii) Affidavit requirement.--If a State
or local official makes a determination under
clause (i) that an applicant has sufficiently
established United States citizenship for
purposes of registering to vote in elections
for Federal office in the State, such
determination shall be accompanied by an
affidavit developed under clause (iii) signed
by the official swearing or affirming the
applicant sufficiently established United
States citizenship for purposes of registering
to vote.
``(iii) Development of affidavit by the
election assistance commission.--The Election
Assistance Commission shall develop a uniform
affidavit for use by State and local officials
under clause (ii), which shall--
``(I) include an explanation of the
minimum standards required for a State
or local official to register an
applicant who cannot provide
documentary proof of United States
citizenship to vote in elections for
Federal office in the State; and
``(II) require the official to
explain the basis for registering such
applicant to vote in such elections.
``(B) Process in case of certain discrepancies in
documentation.--Subject to any relevant guidance
adopted by the Election Assistance Commission, each
State shall establish a process under which an
applicant can provide such additional documentation to
the appropriate election official of the State as may
be necessary to establish that the applicant is a
citizen of the United States in the event of a
discrepancy with respect to the applicant's documentary
proof of United States citizenship.
``(3) State requirements.--Each State shall take
affirmative steps on an ongoing basis to ensure that only
United States citizens are registered to vote under the
provisions of this Act, which shall include the establishment
of a program described in paragraph (4) not later than 30 days
after the date of the enactment of this subsection.
``(4) Program described.--A State may meet the requirements
of paragraph (3) by establishing a program under which the
State identifies individuals who are not United States citizens
using information supplied by one or more of the following
sources:
``(A) The Department of Homeland Security through
the Systematic Alien Verification for Entitlements
(`SAVE') or otherwise.
``(B) The Social Security Administration through
the Social Security Number Verification Service, or
otherwise.
``(C) State agencies that supply State
identification cards or driver's licenses where the
agency confirms the United States citizenship status of
applicants.
``(D) Other sources, including databases, which
provide confirmation of United States citizenship
status.
``(5) Availability of information.--
``(A) In general.--At the request of a State
election official (including a request related to a
process established by a State under paragraph (2)(A)
or (2)(B)), any head of a Federal department or agency
possessing information relevant to determining the
eligibility of an individual to vote in elections for
Federal office shall, not later than 24 hours after
receipt of such request, provide the official with such
information as may be necessary to enable the official
to verify that an applicant for voter registration in
elections for Federal office held in the State or a
registrant on the official list of eligible voters in
elections for Federal office held in the State is a
citizen of the United States, which shall include
providing the official with such batched information as
may be requested by the official.
``(B) Use of save system.--The Secretary of
Homeland Security may respond to a request received
under paragraph (1) by using the system for the
verification of immigration status under the applicable
provisions of section 1137 of the Social Security Act
(42 U.S.C. 1320b-7), as established pursuant to section
121(c) of the Immigration Reform and Control Act of
1986 (Public Law 99-603).
``(C) Sharing of information.--The heads of Federal
departments and agencies shall share information with
each other with respect to an individual who is the
subject of a request received under paragraph (A) in
order to enable them to respond to the request.
``(D) Investigation for purposes of removal.--The
Secretary of Homeland Security shall conduct an
investigation to determine whether to initiate removal
proceedings under section 239 of the Immigration and
Nationality Act (8 U.S.C. 1229) if it is determined
pursuant to subparagraph (A) or (B) that an alien (as
such term is defined in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101)) is unlawfully
registered to vote in elections for Federal office.
``(E) Prohibiting fees.--The head of a Federal
department or agency may not charge a fee for
responding to a State's request under paragraph (A).
``(k) Removal of Noncitizens From Registration Rolls.--A State
shall remove an individual who is not a citizen of the United States
from the official list of eligible voters for elections for Federal
office held in the State at any time upon receipt of documentation or
verified information that a registrant is not a United States
citizen.''.
(g) Clarification of Authority of State To Remove Noncitizens From
Official List of Eligible Voters.--
(1) In general.--Section 8(a)(4) of the National Voter
Registration Act of 1993 (52 U.S.C. 20507(a)(4)) is amended--
(A) by striking ``or'' at the end of subparagraph
(A);
(B) by adding ``or'' at the end of subparagraph
(B); and
(C) by adding at the end the following new
subparagraph:
``(C) documentary proof or verified information
that the registrant is not a United States citizen;''.
(2) Conforming amendment.--Section 8(c)(2)(B)(i) of such
Act (52 U.S.C. 20507(c)(2)(B)(i)) is amended by striking
``(4)(A)'' and inserting ``(4)(A) or (C)''.
(h) Requirements With Respect to Federal Mail Voter Registration
Form.--
(1) Contents of mail voter registration form.--Section 9(b)
of such Act (52 U.S.C. 20508(b)) is amended--
(A) in paragraph (2)(A), by striking ``(including
citizenship)'' and inserting ``(including an
explanation of what is required to present documentary
proof of United States citizenship)'';
(B) in paragraph (3), by striking ``and'' at the
end;
(C) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following new
paragraph:
``(5) shall include a section, for use only by a State or
local election official, to record the type of document the
applicant presented as documentary proof of United States
citizenship, including the date of issuance, the date of
expiration (if any), the office which issued the document, and
any unique identification number associated with the
document.''.
(2) Information on mail voter registration form.--Section
9(b)(4) of such Act (52 U.S.C. 20508(b)(4)) is amended--
(A) by redesignating clauses (i) through (iii) as
subparagraphs (A) through (C), respectively; and
(B) in subparagraph (C) (as so redesignated and as
amended by paragraph (1)(C)), by striking ``; and'' and
inserting the following: ``, other than as evidence in
a criminal proceeding or immigration proceeding brought
against an applicant who attempts to register to vote
and makes a false declaration under penalty of perjury
that the applicant meets the eligibility requirements
to register to vote in an election for Federal office;
and''.
(i) Private Right of Action.--Section 11(b)(1) of the National
Voter Registration Act of 1993 (52 U.S.C. 20510(b)(1)) is amended by
striking ``a violation of this Act'' and inserting ``a violation of
this Act, including the act of an election official who registers an
applicant to vote in an election for Federal office who fails to
present documentary proof of United States citizenship,''.
(j) Criminal Penalties.--Section 12(2) of such Act (52 U.S.C.
20511(2)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (D);
and
(3) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) in the case of an officer or employee of the
executive branch, providing material assistance to a
noncitizen in attempting to register to vote or vote in
an election for Federal office;
``(C) registering an applicant to vote in an
election for Federal office who fails to present
documentary proof of United States citizenship; or''.
(k) Applicability of Requirements to Certain States.--
(1) In general.--Subsection (c) of section 4 of the
National Voter Registration Act of 1993 (52 U.S.C. 20503), as
redesignated by subsection (b), is amended by striking ``This
Act does not apply to a State'' and inserting ``Except with
respect to the requirements under subsection (i) and (j) of
section 8 in the case of a State described in paragraph (2),
this Act does not apply to a State''.
(2) Permitting states to adopt requirements after
enactment.--Section 4 of such Act (52 U.S.C. 20503) is amended
by adding at the end the following new subsection:
``(d) Permitting States To Adopt Certain Requirements After
Enactment.--Subsections (i) and (j) of section 8 shall not apply to a
State described in subsection (c)(2) if the State, by law or
regulation, adopts requirements which are identical to the requirements
under such subsections not later than 60 days prior to the date of the
first election for Federal office which is held in the State after the
date of the enactment of the SAVE Act.''.
SEC. 103. ELECTION ASSISTANCE COMMISSION GUIDANCE.
Not later than 10 days after the date of the enactment of this Act,
the Election Assistance Commission shall adopt and transmit to the
chief State election official of each State guidance with respect to
the implementation of the requirements under the National Voter
Registration Act of 1993 (52 U.S.C. 20501 et seq.), as amended by
section 102.
SEC. 104. INAPPLICABILITY OF PAPERWORK REDUCTION ACT.
Subchapter I of chapter 35 of title 44 (commonly referred to as the
``Paperwork Reduction Act'') shall not apply with respect to the
development or modification of voter registration materials under the
National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), as
amended by section 102, including the development or modification of
any voter registration application forms.
SEC. 105. DUTY OF SECRETARY OF HOMELAND SECURITY TO NOTIFY ELECTION
OFFICIALS OF NATURALIZATION.
Upon receiving information that an individual has become a
naturalized citizen of the United States, the Secretary of Homeland
Security shall promptly provide notice of such information to the
appropriate chief election official of the State in which such
individual is domiciled.
SEC. 106. RULE OF CONSTRUCTION REGARDING PROVISIONAL BALLOTS.
Nothing in this division or in any amendment made by this division
may be construed to supercede, restrict, or otherwise affect the
ability of an individual to cast a provisional ballot in an election
for Federal office or to have the ballot counted in the election if the
individual is verified as a citizen of the United States pursuant to
section 8(j) of the National Voter Registration Act of 1993 (as added
by section 102(f)).
SEC. 107. RULE OF CONSTRUCTION REGARDING EFFECT ON STATE EXEMPTIONS
FROM OTHER FEDERAL LAWS.
Nothing in this division or in any amendment made by this division
may be construed to affect the exemption of a State from any
requirement of any Federal law other than the National Voter
Registration Act of 1993 (52 U.S.C. 20501 et seq.).
SEC. 108. EFFECTIVE DATE.
This division and the amendments made by this division shall take
effect on the date of the enactment of this Act, and shall apply with
respect to applications for voter registration which are submitted on
or after such date.
<all>
Referred to the Subcommittee on Border Security and Enforcement.
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, Foreign Affairs, and House Administration, 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, Foreign Affairs, and House Administration, 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, Foreign Affairs, and House Administration, 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, Foreign Affairs, and House Administration, 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, Foreign Affairs, and House Administration, 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 Subcommittee on Trade.
Referred to the Subcommittee on Social Security.