118 S1600 IS: Border Management, Security, and Assistance Act of 2023 U.S. Senate 2023-05-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

118th CONGRESS1st Session S. 1600 IN THE SENATE OF THE UNITED STATES May 15, 2023 Mr. Durbin (for himself, Mr. Peters, Mr. Brown, Mr. Heinrich, Mr. Luján, Mr. Padilla, Mr. Carper, Ms. Cortez Masto, Mr. King, Ms. Klobuchar, Ms. Rosen, Ms. Baldwin, and Mr. Bennet) introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making further supplemental appropriations for the fiscal year ending September 30, 2023, for border management activities, and for other purposes.

1.

Short title

This Act may be cited as the Border Management, Security, and Assistance Act of 2023.

2.

Table of contents

Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Division A—Border Management Supplemental Appropriations Act, 2023 Division B—Border Procedures and Improvements Act

3.

References

Except as expressly provided otherwise, any reference to this Act contained in any division of this Act shall be treated as referring only to the provisions of that division.

A

BORDER MANAGEMENT SUPPLEMENTAL APPROPRIATIONS ACT, 2023

The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2023, and for other purposes, namely:

B

Border Procedures and Improvements Act

1001.

Consequence delivery

(a)

Enhanced penalties for organized smuggling schemes

(1)

In general

Section 274(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(B)) is amended— (A)by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (B)by inserting after clause (ii) the following: (iii)in the case of a violation of subparagraph (A)(i) during and in relation to which the person, while acting for profit or other financial gain, knowingly directs or participates in an effort or scheme to assist or cause 10 or more persons (other than a parent, spouse, or child of the offender) to enter or to attempt to enter the United States at the same time at a place other than a designated port of entry or place other than designated by the Secretary, be fined under title 18, United States Code, imprisoned not more than 15 years, or both;; and (C)in clause (iv), as redesignated, by inserting commits or attempts to commit sexual assault of, after section 1365 of title 18, United States Code) to,. (2)

Bulk cash smuggling

Section 5332(b)(1) of title 31, United States Code, is amended— (A)in the paragraph heading, by striking Term of imprisonment and inserting In general; and (B)by inserting , fined under title 18, or both after 5 years. (b)

Enhanced penalties for illegal spotting and surveillance

(1)

Immigration and Nationality Act

The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after section 274D the following:

274E.

Hindering immigration, border, and customs controls

(a)

Illicit spotting

(1)

In general

It shall be unlawful to knowingly surveil, track, monitor, or transmit the location, movement, or activities of any officer or employee of a Federal, State, or tribal law enforcement agency— (A)with the intent to gain financially; and (B)in furtherance of any violation of the immigration laws, the customs and trade laws of the United States (as defined in section 2 of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114–125)), any other Federal law relating to transporting controlled substances, agriculture, or monetary instruments into the United States, or any Federal law relating to border controls measures of the United States. (2)

Penalty

Any person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. (b)

Destruction of United States border controls

(1)

In general

It shall be unlawful to knowingly and without lawful authorization— (A)destroy or significantly damage any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; or (B)otherwise seek to construct, excavate, or make any structure intended to defeat, circumvent or evade such a fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States. (2)

Penalty

Any person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.

. (2)

Clerical amendment

The table of contents of such Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 274D the following: Sec. 274E. Hindering immigration, border, and customs controls..

1002.

Streamlining processing, access to lawful pathways, and removals

(a)

Electronic notice To appear and immigration court notice

(1)

In general

Section 239(a) of the Immigration and Nationality Act (8 U.S.C. 1229) is amended— (A)in paragraph (1)— (i)by inserting or by any other means that the alien consented to in writing, including by email or other electronic means, after by mail,; (ii)by amending subparagraph (F) to read as follows: (F) (i)The requirement that the alien must immediately provide (or have provided) the Attorney General with a written record of an address, telephone number (if any), and electronic means (if any) by which the alien may be contacted respecting proceedings under section 1229a of this title. (ii)The requirement that the alien must provide the Attorney General immediately with a written record of any change of the alien's contact information described in clause (i). (iii)The consequences under section 1229a(b)(5) of this title of failure to provide contact information pursuant to this subparagraph.; and (iii)by amending subsection (c) to read as follows: (c)

Service

(1)

By mail

Service by mail under this section shall be sufficient if there is proof of attempted delivery of the notice to appear to the last address provided by the alien in accordance with subsection (a)(1)(F). (2)

By electronic means

Service by electronic means under this section shall be sufficient if there is proof that the notice to appear was sent electronically through a system that is accessible to the alien.. (b)

Employment authorization for aliens seeking a durable solution

Section 208(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(2)) is amended to read as follows: (2)

Employment authorization

(A)

Eligibility

Notwithstanding the Immigration and Nationality Act (8 U.S.C. 1101, et seq.), the Secretary of Homeland Security shall authorize employment for an alien who is not in the physical custody of the Department of Homeland Security after the procedures required under paragraph (5)(A)(i) have been completed, and the alien has— (i)a non-frivolous, properly filed application for asylum, or other immigration benefit request for humanitarian relief; or (ii)been processed for release by the Department of Homeland Security pending further processing or proceedings. (B)

Exceptions

Paragraph (2)(A) shall not apply to an alien who— (i)after release, comes into the physical custody of any Federal, State, or local entity for purposes of criminal or civil violations; (ii)fails to appear for any proceedings described in any section this Act; and (iii)fails to comply with terms and conditions of release, as determined by the Secretary. (C)

Terms

At no time shall employment authorization under this paragraph shall be issued later than 30 days of release from custody or after a properly filed application occurs, whichever is sooner, and shall be— (i)for a period of 2 years; (ii)renewable for additional 2-year periods while the applicant’s asylum claim is being adjudicated, pending, or administratively closed, including administrative or judicial review; and (iii)any other terms or conditions as determined by the Secretary. (D)

Clarifications

Paragraph (2)(A)(ii) shall apply to aliens irrespective of whether any form of removal proceedings have commenced or whether the alien has a pending request for immigration benefits.. (c)

Streamlining voluntary departure

Section 240B(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1229c(a)(1)) is amended by striking at the alien’s own expense. (d)

Direct access pathways for refugees in the Western Hemisphere

The Secretary of State, in consultation with the Secretary of Homeland Security, shall— (1)monitor Latin America and the Caribbean for regional instability and migration resulting from large scale persecution on account of race, religion, nationality, membership in a particular social group, or political opinion; and (2)designate members of the group experiencing such persecution as Priority 2 refugees of special humanitarian concern.

1003.

Staffing for border management

(a)

Staffing allocation models

(1)

Department of homeland security

The Secretary of the Department of Homeland Security shall develop and implement staffing allocation models for U.S. Border Patrol and Air and Marine Operations of U.S. Customs and Border Protection and for U.S. Citizenship and Immigration Services, by not later than six months after the date of enactment of this Act. (2)

Executive office of immigration review

The Attorney General shall develop and implement staffing allocation models for the Executive Office of Immigration Review, by not later than six months after the date of enactment of this Act. (b)

Requirements

Each staffing model shall— (1)take into account variations in operating environments, technology, and the required operational support levels to carry out their respective duties; (2)include a plan for periodically updating and improving the model, including incorporating operational, technological, and personnel changes; and (3)receive independent verification and validation by an entity that is technically, managerially, and financially independent from the office or Department. (c)

Reporting

The Secretary and Attorney General shall report to the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Committee on Appropriations of the Senate and the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives detailing the finalized models, including a description of— (1)the data sources and methodology used to generate the models; (2)actions taken to independently verify the model; and (3)the plan for updating and maturing the model.

1004.

Shelter and Services Program GAO report

Not later than 1 year than the date of enactment of this Act, and every two years thereafter, the Comptroller General of the United States shall submit to the Committees on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Committee on Appropriations of the Senate and the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives an assessment of the grant criteria for Shelter and Services Program funds, the distribution of those funds, and the impact of program policies and practices on the ability of State and local governments and nongovernmental organizations to issue such funds.