118 S3187 IS: Southern Border Transparency Act of 2023
U.S. Senate
2023-11-01
text/xml
EN
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II
118th CONGRESS
1st Session
S. 3187
IN THE SENATE OF THE UNITED STATES
November 1, 2023
Mr. Cornyn (for himself, Mr. Tillis, Mr. Cotton, Mr. Tuberville, Ms. Collins, Mr. Hagerty, Mr. Vance, Ms. Lummis, Mr. Lankford, Mr. Ricketts, Mr. Budd, Mr. Young, Mr. Daines, Mr. Lee, Mr. Grassley, Mr. Cramer, Mrs. Hyde-Smith, Mr. Marshall, Mr. Hoeven, Mr. Kennedy, Mr. Cruz, Mr. Hawley, Mrs. Britt, Mrs. Blackburn, Mr. Cassidy, and Mr. Graham) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To require the Department of Homeland Security to publish various publications and reports regarding the number of aliens seeking entry along the southern border of the United States.
1.

Short title
This Act may be cited as the “Southern Border Transparency Act of 2023”.
2.

Monthly publication of parole at ports of entry
Not later than 30 days after the date of the enactment of this Act, and monthly thereafter, the Commissioner of U.S. Customs and Border Protection shall publish on the U.S. Customs and Border Protection website, with respect to the applicable reporting period—
(1)
the number of aliens granted parole under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) at each United States port of entry;
(2)
the number of aliens encountered between land ports of entry who were subsequently granted parole, disaggregated by the U.S. Border Patrol sector;
(3)
the citizenship or nationality of the aliens described in paragraphs (1) and (2); and
(4)
the demographic category of the aliens described in paragraphs (1) and (2), including—
(A)
accompanied minors;
(B)
aliens granted parole as part of a family unit;
(C)
single adults; and
(D)
unaccompanied alien children.
3.

Quarterly report on processing aliens at southern border ports of entry
(a)

In general
Not later than 30 days after the date of the enactment of this Act, and quarterly thereafter, the Secretary of Homeland Security shall—
(1)
submit a report containing the information described in subsection (b) to—
(A)
the Committee on the Judiciary of the Senate;
(B)
the Committee on Homeland Security and Governmental Affairs of the Senate;
(C)
the Committee on the Judiciary of the House of Representatives; and
(D)
the Committee on Homeland Security of the House of Representatives; and
(2)
post such report on the Department of Homeland Security website.
(b)

Contents
The report required under subsection (a) shall include, with respect to the applicable reporting period—
(1)
the number of aliens apprehended or otherwise encountered—
(A)
at each port of entry along the southern border of the United States; and
(B)
within each U.S. Border Patrol sector along the southern border of the United States;
(2)
the number of aliens described in paragraph (1), disaggregated by—
(A)
citizenship or nationality;
(B)
demographic categories, including accompanied minors, aliens granted parole as part of a family unit, single adults, and unaccompanied alien children;
(C)
those who were granted voluntary departure;
(D)
those who were placed into expedited removal proceedings; and
(E)
those who entered into a process or outcome not described in subparagraph (C) or (D), including a description of such process or outcome;
(3)
the number of aliens described in paragraph (2)(D), disaggregated by the number of such aliens who received a credible fear screening interview pursuant to section 235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)) or a reasonable fear screening interview;
(4)
the number of aliens described in paragraph (3), disaggregated by—
(A)
the number of aliens determined to have a credible fear of persecution or a reasonable fear of persecution; and
(B)
the number of aliens determined not to have a credible fear of persecution or a reasonable fear of persecution;
(5)
the number of aliens described in paragraph (4)(A), disaggregated by the number of aliens detained pursuant to section 235(b)(1)(B)(iii)(IV) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)(iii)(IV));
(6)
the number of aliens described in paragraph (4)(B), disaggregated by—
(A)
those who were removed from the United States;
(B)
those who were detained pending removal; and
(C)
those who are not described in subparagraph (A) or (B); and
(7)
a description of any actions taken against the aliens described in paragraph (6)(C).
4.

Quarterly report on parole requests processed by U.S. Citizenship and Immigration Services
Not later than 30 days after the date of the enactment of this Act, and quarterly thereafter, the Director of U.S. Citizenship and Immigration Services shall publish, on the U.S. Citizenship and Immigrations Services website—
(1)
the number of petitions for parole submitted to U.S. Citizenship and Immigration Services pursuant to section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)); and
(2)
the number of such petitions that were granted by U.S. Citizenship and Immigration Services, disaggregated by the nationality of the petitioner.
5.

Annual report on aliens paroled into the United States
Section 602(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1182 note) is amended to read as follows:
“(b)

Annual report to Congress
(1)

In general
Not later than 90 days after the end of each fiscal year, the Secretary of Homeland Security shall submit a report to the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives that identifies the number of aliens paroled into the United States pursuant to section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)), disaggregated by those who are—
(A)
of a particular nationality;
(B)
single adults;
(C)
traveling in a family group;
(D)
children accompanied by an adult family member; or
(E)
unaccompanied alien minors.
(2)

Contents
Each report required under paragraph (1) shall include—
(A)
the total number of aliens paroled into the United States during the fiscal year immediately preceding the fiscal year in which such report is submitted, disaggregated by—
(i)
citizenship or nationality; and
(ii)
demographic categories, including accompanied minors, aliens granted parole as part of a family unit, single adults, and unaccompanied alien children;
(B)
for each fiscal year for which the Department of Homeland Security reports the information described in subparagraph (A) regarding aliens described in such subparagraph—
(i)
the number of such aliens who were granted employment authorization;
(ii)
the number of aliens described in clause (i) who had valid employment authorization at the end of the previous fiscal year;
(iii)
the number of such aliens whose parole has not ended, including those who exited the United States during the previous fiscal year;
(iv)
the number of such aliens whose status was adjusted, disaggregated by status type;
(v)
the number of such aliens for whom parole was extended, including those who exited the United States;
(vi)
the number of such aliens for whom the duration of parole expired, including those who exited the United States; and
(vii)
the number of aliens who returned to Department of Homeland Security custody from which they were paroled, disaggregated by the categories listed in subparagraphs (A) through (E) of paragraph (1).”.