[Congressional Record Volume 165, Number 155 (Wednesday, September 25, 2019)]
[House]
[Pages H7928-H7934]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1545
HOMELAND SECURITY IMPROVEMENT ACT
Mr. THOMPSON of Mississippi. Mr. Speaker, pursuant to House
Resolution 577, I call up the bill (H.R. 2203) to increase
transparency, accountability, and community engagement within the
Department of Homeland Security, provide independent oversight of
border security activities, improve training for agents and officers of
U.S. Customs and Border Protection and U.S. Immigration and Customs
Enforcement, and for other purposes, and ask for its immediate
consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Mr. Espaillat). Pursuant to House Resolution
577, in lieu of the amendment in the nature of a substitute recommended
by the Committee on Homeland Security printed in the bill, an amendment
in the nature of a substitute consisting of the text of Rules Committee
Print 116-27, modified by the amendment printed in House Report 116-
217, is adopted and the bill, as amended, is considered read.
The text of the bill, as amended, is as follows:
H.R. 2203
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. ESTABLISHMENT OF THE OFFICE OF THE OMBUDSMAN FOR
BORDER AND IMMIGRATION ENFORCEMENT RELATED
CONCERNS.
(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.) is amended by adding at the end
the following new section:
``SEC. 711. OMBUDSMAN FOR BORDER AND IMMIGRATION ENFORCEMENT
RELATED CONCERNS.
``(a) In General.--Within the Department there shall be a
position of Ombudsman for Border and Immigration Enforcement
Related Concerns (in this section referred to as the
`Ombudsman'), who shall--
``(1) be independent of Department agencies and officers;
``(2) report directly to the Secretary; and
``(3) have a background in immigration law, civil rights,
and law enforcement.
``(b) Functions.--It shall be the function of the Ombudsman
to--
``(1) in coordination with the Inspector General of the
Department, establish an independent, neutral, accessible,
confidential, and standardized process to assist individuals
(including aliens (as such term is defined in section 101 of
the Immigration and Nationality Act (8 U.S.C. 1101)) in
resolving complaints with respect to U.S. Customs and Border
Protection, U.S. Immigration and Customs Enforcement, a
subcontractor, or a cooperating entity, which process shall
include a publicly accessible website through which a
complainant can check on the status of such a complaint;
``(2) identify and thereafter review, examine, and make
recommendations to the Secretary to address chronic issues
identified by the Ombudsman in carrying out the function
described in paragraph (1);
``(3) establish a Border Oversight Panel in accordance with
subsection (f); and
``(4) review compliance with departmental policies and
standards of care for custody of aliens by U.S. Immigration
and Customs Enforcement and U.S. Customs and Border
Protection, including any violations of applicable policy or
standards of care involving force-feeding.
``(c) Confidentiality.--The existence of a complaint,
including the identity of any Department employee implicated
in a complaint, shall be kept confidential by the Ombudsman
and, in the absence of the written consent of an individual
who submits a complaint, the Ombudsman shall keep
confidential the identity of and any identifying information
relating to such individual. Such confidentiality requirement
may not be considered as a factor of whether or not
information under this subsection may be disclosed under
section 552 of title 5, United Stated Code (commonly referred
to as the Freedom of Information Act).
``(d) Annual Reporting.--Not later than June 30 of each
year beginning in the year after the date of the enactment of
this section, the Ombudsman 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 includes, for the
previous year, the following:
``(1) The number and types of complaints received under
this section and for each complaint--
``(A) the component or subcomponent, subcontractor, or
cooperating entity identified;
``(B) the demographics of the complainant; and
``(C) a description of the resolution of the complaint or
the status of the resolution process.
``(2) Any complaint pattern that could be prevented or
reduced by policy training or practice changes.
``(3) A description of any pattern of violations of any
applicable policy or standards.
``(4) A description of each complaint received under this
section with respect to which U.S. Customs and Border
Protection, U.S. Immigration and Customs Enforcement, a
subcontractor, or a cooperating entity, as applicable, has
taken action to resolve, and the time between receipt and
resolution of each such complaint.
``(5) A description of complaints received under this
section for which action has not been taken after one year,
and the period during which each complaint has been open.
``(6) Recommendations the Ombudsman has made under
subsection (b)(2).
``(7) Other information, as determined appropriate by the
Ombudsman .
``(e) Appointment of Border Communities Liaison.--
``(1) In general.--The Ombudsman, in conjunction with the
Office for Civil Rights and Civil Liberties of the
Department, shall appoint a Border Community Liaison (in this
subsection referred to as the `Liaison') in each U.S. Border
Patrol sector on the northern and southern borders. Each
Liaison shall report to the Ombudsman.
``(2) Purposes.--Each Liaison appointed under this
subsection shall--
``(A) foster cooperation between U.S. Customs and Border
Protection, U.S. Immigration and Customs Enforcement, and
border communities;
``(B) consult with border communities on the development of
policies, directives, and programs of U.S. Customs and Border
Protection and U.S. Immigration and Customs Enforcement;
``(C) receive feedback from border communities on the
performance of U.S. Customs and Border Protection and U.S.
Immigration and Customs Enforcement; and
``(D) submit to the Ombudsman an annual report detailing
their findings, feedback received from border communities,
and recommendations to increase cooperation between U.S.
Customs and Border Protection, U.S. Immigration and Customs
Enforcement, and border communities.
``(f) Border Oversight Panel.--
``(1) Establishment.--The Ombudsman shall establish a
Border Oversight Panel (in this subsection referred to as the
`Panel').
``(2) Composition.--
``(A) In general.--The Panel shall be composed of 30
members selected by the Ombudsman.
``(B) Chairperson.--The Ombudsman shall be the chair of the
Panel.
``(C) Expertise.--Members of the Panel shall have expertise
in immigration, local crime indices, civil and human rights,
community relations, cross-border trade and commerce, quality
of life indicators, or other experience the Ombudsman
determines is appropriate, and shall include individuals who
reside in or near border counties.
``(3) Duties.--The Panel shall evaluate and make
recommendations regarding the border enforcement policies,
strategies, and programs of the Department operating along
the northern and southern borders of the United States to--
``(A) take into consideration the impact of such policies,
strategies, and programs on border communities, including
protecting due process, civil and human rights of border
residents and visitors, and private property rights of land
owners;
``(B) uphold domestic and international legal obligations;
``(C) reduce the number of migrant deaths; and
``(D) improve the safety of agents and officers of U.S.
Customs and Border Protection and U.S. Immigration and
Customs Enforcement.
``(g) Staffing.--The Secretary shall take appropriate
action to ensure the Ombudsman's office is sufficiently
staffed and resourced to carry out its duties effectively and
efficiently.
``(h) Training.--
``(1) In general.--The Ombudsman shall conduct a yearly
evaluation of all training given to agents and officers of
U.S. Customs and Border Protection and U.S. Immigration and
Customs Enforcement.
``(2) Contents.--Each evaluation under paragraph (1) shall
include whether the training referred to in such paragraph
adequately addresses the following:
``(A) Best practices in community policing, cultural
awareness, and carrying out enforcement actions near
sensitive locations, such as
[[Page H7929]]
places of worship or religious ceremony, school or education-
related places or events, courthouses or other civic
buildings providing services accessible to the public,
hospitals, medical treatment or health care facilities,
public demonstrations, and attorney's offices (including a
public defender or legal aid offices).
``(B) Policies for operating in locations where there are
limitations on cooperation by local law enforcement.
``(C) Interaction with vulnerable populations, including
instruction on screening, identifying, and responding to
vulnerable populations, such as children, victims of human
trafficking, and the acutely ill.
``(D) Standards of professional and ethical conduct,
including the following:
``(i) Lawful use of force, de-escalation tactics, and
alternatives to the use of force.
``(ii) Complying with chain of command and lawful orders.
``(iii) Conduct and ethical behavior toward the public in a
civil and professional manner.
``(iv) Civil rights and legal protections for nationals of
the United States and aliens.
``(v) Non-biased questioning.
``(vi) Sensitivity towards lesbian, gay, bisexual,
transgender, and queer individuals.
``(vii) Permissible and impermissible social media
activity.
``(viii) Sexual and other harassment and assault, including
an assessment of whether adequate policies exist to resolve
complaints.
``(E) Protecting the civil, constitutional, human, and
privacy rights of individuals, with special emphasis on the
scope of enforcement authority, including chain of evidence
practices and document seizure, and use of force policies
available to agents and officers.
``(F) Maintaining and updated understanding of Federal
legal rulings, court decisions, and Department policies and
procedures.
``(G) The scope of agents' and officers' authority to
conduct immigration enforcement activities, including
interviews, interrogations, stops, searches, arrests, and
detentions, in addition to identifying and detecting
fraudulent documents.
``(3) Recommendations.--Not later than 90 days after
conducting each evaluation under paragraph (1), the Ombudsman
shall develop, and submit to the Secretary, recommendations
regarding any additional training.
``(4) Feedback.--Not later than 180 days after receiving
recommendations transmitted by the Ombudsman, the Secretary
shall respond publicly and in writing with feedback on each
of the recommendations, an action plan to implement any of
such recommendations with which the Secretary concurs, and a
justification for why any of such recommendations have been
rejected.
``(i) Electronic Tracking.--
``(1) In general.--The Ombudsman, in coordination with the
Commissioner of U.S. Customs and Border Protection, the
Director of U.S. Immigration and Customs Enforcement, and the
Office of Refugee Resettlement of the Department of Health
and Human Services, shall develop recommendations for the
establishment of an electronic tracking number system on a
single interface, which shall be used to track the location
of a child who has been separated from a parent, legal
guardian, or other relative of such child, and which shall be
accessible to agents and officers of U.S. Customs and Border
Protection, U.S. Immigration and Customs Enforcement, and the
Office of Refugee Resettlement.
``(2) Tracking number.--The recommendations developed under
this subsection shall consider how a tracking number can be
assigned to a child who has been separated from a parent,
legal guardian, or other relative of such child that--
``(A) is transferrable;
``(B) may be shared easily on the electronic tracking
system described in this subsection by agents and officers
of--
``(i) U.S. Customs and Border Protection;
``(ii) U.S. Immigration and Customs Enforcement; and
``(iii) the Office of Refugee Resettlement of the
Department of Health and Human Services; and
``(C) is interoperable with the electronic location records
of a parent, legal guardian, or other relative of such child.
``(j) Body-worn Cameras.--
``(1) Requirement.--Not later than 120 days after the date
of the enactment of this section, the Ombudsman, in
coordination with the Commissioner of U.S. Customs and Border
Protection, the Director of U.S. Immigration and Customs
Enforcement, and labor organizations representing agents and
officers of U.S. Customs and Border Protection and U.S.
Immigration and Customs Enforcement, 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 plan for
requiring, not later than one year after such date of
enactment, the use of body-worn cameras by U.S. Border Patrol
agents and U.S. Immigration and Customs Enforcement officers
whenever such agents and officers are engaged in border
security or immigration enforcement activities.
``(2) Elements.--The plan required under paragraph (1)
shall include the following:
``(A) Benchmarks for implementation of the use of body-worn
cameras within U.S. Customs and Border Protection and U.S.
Immigration and Customs Enforcement.
``(B) Policies, procedures, and training modules for the
use of body-worn cameras by agents and officers of U.S.
Customs and Border Protection and U.S. Immigration and
Customs Enforcement, including training modules relating to
the appropriate use of such cameras and adverse action for
non-compliance.
``(C) Mechanisms to ensure compliance with body-worn camera
policies and procedures.
``(3) Considerations.--The plan required under paragraph
(1) shall be informed by--
``(A) existing State and local policies requiring the use
of body-worn cameras; and
``(B) principles regarding body-worn cameras published by
major civil and human rights organizations.''.
(b) Clerical Amendment.--The table of contents of the
Homeland Security Act of 2002 is amended by adding after the
item relating to section 710 the following new item:
``Sec. 711. Ombudsman for Border and Immigration Enforcement Related
Concerns.''.
The SPEAKER pro tempore. The bill, as amended, shall be debatable for
1 hour equally divided and controlled by the chair and ranking minority
member of the Committee on Homeland Security.
The gentleman from Mississippi (Mr. Thompson) and the gentleman from
Alabama (Mr. Rogers) each will control 30 minutes.
The Chair recognizes the gentleman from Mississippi.
General Leave
Mr. THOMPSON of Mississippi. Mr. Speaker, I ask unanimous consent
that all Members have 5 legislative days to revise and extend their
remarks and to include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Mississippi?
There was no objection.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, H.R. 2203, the Homeland Security Improvement Act, as
amended, seeks to enhance accountability for how the Department of
Homeland Security carries out its border security and immigration
enforcement activities.
For years, the complaints process at DHS has been fragmented. While
the inspector general of DHS reviews allegations of unlawful activity
by Department personnel, other complaints must go through Customs and
Border Protection or Immigration and Customs Enforcement first.
Further, the process for filing a complaint can be complicated and
confusing. Additionally, there is no central mechanism for residents of
border communities to speak out about how DHS' operations affect their
day-to-day lives or the environment around them.
H.R. 2203, as we are considering it today, would establish a new
ombudsman to carry out an independent, neutral, and confidential
process to help resolve complaints with respect to the Department's
border and immigration enforcement activities. The ombudsman would also
note patterns in the types of complaints received to identify any
systemic issues.
The communities most directly impacted by DHS' border and immigration
enforcement activities are those that are on our borders with Mexico
and Canada.
Under H.R. 2203, the ombudsman would appoint border community
liaisons to serve in sectors along the northern and southern borders to
foster better communication and meaningful engagement with these
communities.
The ombudsman is also required to stand up a border oversight panel
to make recommendations on border and immigration policies and programs
with attention to DHS activities that affect due process, property
rights, and the safety of migrants and officers.
H.R. 2203 is also intended to ensure greater oversight of the
training that frontline personnel receive. Specifically, the ombudsman
would annually evaluate the CBP and ICE agents and officers training,
particularly on standards for professional and ethical conduct, and
make recommendations on any needed improvements.
Additionally, the bill directs the ombudsman to develop an
implementation plan to require the use of body-worn cameras by Border
Patrol agents and ICE officers while engaged in border security or
immigration enforcement activities.
While the current administration's activities in this area warrant
heightened scrutiny, several issues, such as conditions in ICE
detention or insufficient consultation with property owners by U.S.
Border Patrol, have persisted for years.
H.R. 2203 represents a step in the right direction to bring greater
transparency and accountability to DHS. I urge my colleagues to support
this legislation.
[[Page H7930]]
Mr. Speaker, I reserve the balance of my time.
House of Representatives,
Committee on the Judiciary,
Washington, DC, July 18, 2019.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: This is to advise you that the Committee
on the Judiciary has now had an opportunity to review the
provisions in H.R. 2203, the ``Homeland Security Improvement
Act'' that fall with our Rule X jurisdiction. I appreciate
your consulting with us on those provisions. The Judiciary
Committee has no objection to your including them in the bill
for consideration on the House floor, and to expedite that
consideration is willing to waive sequential referral, with
the understanding that we do not thereby waive any future
jurisdictional claim over those provisions or their subject
matters.
In the event a House-Senate conference on this or similar
legislation is convened, the Judiciary Committee reserves the
right to request an appropriate number of conferees to
address any concerns with these or similar provisions that
may arise in conference.
Please place this letter into the Congressional Record
during consideration of the measure on the House floor. Thank
you for the cooperative spirit in which you have worked
regarding this matter and others between our committees.
Sincerely,
Jerrold Nadler,
Chairman.
____
House of Representatives,
Committee on Homeland Security,
Washington, DC July 18, 2019.
Hon. Jerrold Nadler,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Chairman Nadler: Thank you for your letter regarding
H.R. 2203, the ``Homeland Security Improvement Act.'' The
Committee on Homeland Security recognizes that the Committee
on the Judiciary has a jurisdictional interest in H.R. 2203,
and I appreciate your effort to allow this bill to be
considered on the House floor.
I concur with you that forgoing action on the bill does not
in any way prejudice the Committee on the Judiciary with
respect to its jurisdictional prerogatives on this bill or
similar legislation in the future, and I would support your
effort to seek appointment of an appropriate number of
conferees to any House--Senate conference involving this
legislation.
I will include our letters on H.R. 2203 in the
Congressional Record during floor consideration of this bill.
I look forward to working with you on this legislation and
other matters of great importance to this nation.
Sincerely,
Bennie G. Thompson,
Chairman.
____
House of Representatives,
Committee on Ways and Means,
Washington, DC, September 25, 2019.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
Washington, DC.
Dear Chairman Thompson: In order to expedite consideration
of H.R. 2203, the Homeland Security Improvement Act, the
Committee on Ways and Means has agreed to waive formal
consideration of provisions that fall within the rule X
jurisdiction of the Committee. We do so with the
understanding that the authority given to the Ombudsmen in
Title II of the bill, relating to the enforcement activities
of U.S. Customs and Border Protection, does not include
authority to enforce trade laws. The Committee also reserves
the right to seek appointment of an appropriate number of
conferees to any House-Senate conference involving this or
similar legislation.
I would appreciate your response to this letter confirming
this understanding and would ask that a copy of our exchange
of letter on this matter be included in the Congressional
Record during floor consideration of H.R. 2203.
Sincerely,
Richard E. Neal,
Chairman.
____
House of Representatives,
Committee on Homeland Security,
Washington, DC, September 25, 2019.
Hon. Richard Neal,
Chairman, Committee on Ways and Means, House of
Representatives, Washington, DC.
Dear Chairman Neal: Thank you for your letter regarding
H.R. 2203, the ``Homeland Security Improvement Act.'' The
Committee on Homeland Security recognizes that the Committee
on Ways and Means has a jurisdictional interest in H.R. 2203,
and I appreciate your effort to allow this bill to be
considered on the House floor.
I concur with you that the authority given to the Ombudsman
in Title II of the bill is not intended to include authority
regarding trade law enforcement complaints. Should you choose
to seek appointment of an appropriate number of conferees to
any House--Senate conference involving this legislation, I
would support that effort.
I will include our letters on H.R. 2203 in the
Congressional Record during floor consideration of this bill.
I look forward to working with you on this legislation and
other matters of great importance to this nation.
Sincerely,
Bennie G. Thompson,
Chairman.
Mr. ROGERS of Alabama. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in strong opposition to H.R. 2203.
Over this past fiscal year, law enforcement has encountered nearly a
million migrants illegally crossing the southwest border.
For months, records of migrant families and unaccompanied children
overwhelmed obsolete Customs and Border Protection facilities, creating
an unprecedented humanitarian crisis. And for months, Democrats did
nothing. They said the crisis wasn't real. Then they said the President
manufactured it.
Then, after months of ignoring pictures of children and families
living in overcrowded conditions, Democrats finally agreed to the
President's request for emergency funding. Now, thanks to that funding
and the administration's efforts to reach agreements with Mexico and
some Northern Triangle countries, the crisis has finally abated.
Congress should use this opportunity to advance a bipartisan bill to
address the causes of the border crisis and prevent another one from
happening. Unfortunately, Democrats have chosen to squander the
opportunity. Instead, they decided to move yet another partisan
messaging bill that stands no chance of becoming law.
All this bill does is waste taxpayers' dollars on a duplicative new
office designed to demoralize law enforcement and serve the demands of
illegal immigrants. It should really be called the illegal immigrant
customer service act.
The bill creates a new ombudsman at the Department of Homeland
Security to collect and review complaints made by illegal immigrants
against Federal law enforcement officers.
The Department already has an Office of Inspector General and an
Office for Civil Rights and Liberties required by law to collect and
investigate complaints against DHS personnel, as well as recommended
relief for the complainant. Both offices maintain tip lines for
anonymous complaints and websites to collect complaints, and both
regularly report to Congress on their caseload.
It is unclear how creating another bureaucrat with a duplicative
mission will improve the current process. It is clear, however, that
this new bureaucrat will further demoralize the men and women of law
enforcement.
The bill empowers the ombudsman to scrutinize the training and
conduct of ICE and CBP officers on an ongoing basis.
The bill also includes a bogus oversight panel comprised of so-called
quality of life indicators to make recommendations on how ICE and CBP
officers should carry out their law enforcement mission.
Every day, the men and women of ICE and CBP put their lives in danger
to keep our families and communities safe. They faithfully and
skillfully carry out their duty to enforce Federal immigration law.
Congress should be moving legislation to thank them, not second-guess
and criticize them.
Mr. Speaker, this legislation started out as an attempt by Democrats
to appease radical leftwing open border activists. The original bill
was chock-full of so many absurd provisions that the Speaker was forced
to pull it from floor consideration in July. The bill has been
rewritten six times to get it to this point where just enough Democrats
will vote for it to pass it.
But it didn't have to be such a partisan exercise. We could have
worked together to move comprehensive legislation to truly prevent
another crisis at our border.
Republicans are ready and willing to work with Democrats on serious
proposals to reform our asylum laws to reduce the pull factors for
illegal immigration, to protect vulnerable families and children from
exploitation by human smugglers, to expand migrant processing and long-
term housing facilities to eliminate dangerous overcrowding, and to
hire additional immigration lawyers and judges to reduce the
unprecedented backlog in asylum cases.
When this partisan bill fails to move in the Senate, I hope Democrats
will finally choose policy over politics and will agree to work with
Republicans on solutions to our border security problems.
[[Page H7931]]
Mr. Speaker, I reserve the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 5 minutes to the
gentlewoman from Texas (Ms. Escobar), the sponsor of this legislation.
Ms. ESCOBAR. Mr. Speaker, I rise today in support of H.R. 2203, the
Homeland Security Improvement Act.
I would first like to thank Speaker Pelosi and Chairman Thompson for
their steadfast leadership and for helping get this bill to the floor.
Mr. Speaker, this moment never would have been possible without Mr.
Thompson's perseverance and hard work.
H.R. 2203 started at our southern border as a community-driven effort
to boost accountability and transparency within DHS. To that end, I
would like to especially thank the Border Network for Human Rights, an
El Paso-based organization that works tirelessly to ensure migrants and
border communities are treated with the dignity and respect that we all
deserve.
Those of us who live within the 100-mile border enforcement zone have
often had our civil rights impeded because some basic constitutional
principles don't fully apply to us.
Since the creation of DHS in 2003, our government has spent over $300
billion, including two supplemental bills passed this year, on the
agencies that carry out immigration enforcement, largely within that
100-mile zone. This enormous taxpayer investment has created a
situation where the American taxpayer spends more money on immigration
enforcement than on all other Federal law enforcement agencies
combined.
Unfortunately, especially for those of us who live within that 100-
mile enforcement zone, this spending has not included corresponding
oversight or accountability measures. This bill seeks to change that
with the creation of an ombudsman for border and immigration-related
concerns.
The ombudsman, in conjunction with the inspector general at DHS, will
be charged with establishing an independent, neutral, and confidential
process to assist individuals, including personnel, with complaints
against Immigration and Customs Enforcement and U.S. Customs and Border
Protection.
The ombudsman is also responsible for reviewing CBP and ICE
compliance with all departmental policies and standards related to the
treatment of migrants in custody.
This function was a priority for me after learning about child deaths
in Federal custody; after having witnessed severe overcrowding in
Border Patrol facilities; after hearing in my community, in El Paso,
Texas, concerns from agents over and over again about leadership not
listening to them and about policies they were forced to enforce; and
after interviewing ICE detainees in my hometown who were subjected to
force-feeding, an inhumane practice that is tantamount to torture.
I have heard countless times from my constituents and other border
residents that they need to have a voice in crafting border policies
because we are the ones most impacted. H.R. 2203 will allow them this
opportunity through the establishment of both a border community
liaison and a border oversight panel. Both seek to foster communication
and cooperation between DHS and the community by giving border
residents an opportunity to provide feedback and recommendations
regarding border policies.
This panel will also help improve conditions for agents and officers.
For example, one responsibility of the border oversight panel is to
evaluate policies to enhance their safety.
The bill also requires the ombudsman to conduct annual evaluations of
all training provided and will examine whether key areas are covered,
including community policing, which builds trust; enforcement near
sensitive locations; interacting with vulnerable populations; and
professional and ethical conduct, such as lawful use of force, LGBTQ
sensitivity, and sexual harassment.
El Paso has been at the epicenter of much of the humanitarian chaos
our Nation has seen, like being the testing ground for the cruel family
separation policy that continues to this day. To help speed up
reunifications of these families, H.R. 2203 requires the ombudsman, in
conjunction with the CBP Commissioner, ICE Director, and the Office of
Refugee Resettlement, to develop recommendations for the establishment
of an electronic tracking number system on a single, interoperable
interface.
Finally, the ombudsman is responsible for developing a plan for
outlining the use of body-worn cameras by Border Patrol agents and ICE
officers when engaged in border security and immigration enforcement
activities, something local police forces have embraced.
The plan must be crafted in conjunction with the CBP Commissioner,
the ICE Director, and relevant labor organizations that represent these
officers and agents. It must also consider existing State and local
body-worn camera policies.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield the gentlewoman
from Texas (Ms. Escobar) an additional 1 minute.
{time} 1600
Ms. ESCOBAR. Mr. Speaker, it must also consider existing State and
local body-worn camera policies and principles developed by major civil
and human rights organizations, so that DHS can build upon best
practices for each community.
This plan further ensures that safety needs are met, and trust is
built.
All of these features will be invaluable tools to make sure that we
address our Nation's immigration challenges in a common sense and
humane way.
Today, we have the opportunity to come together and begin to make a
powerful and well-funded Federal agency more accountable to the
Congress and to the people that they serve. The ombudsman's role will
fill much needed gaps in transparency, oversight, training, and trust.
Mr. Speaker, I am very proud of this legislation. It comes right from
the communities that are impacted the most. I urge my colleagues to
support it.
Mr. ROGERS of Alabama. Mr. Speaker, I find it amazing that the
majority, the Democrat majority, would like to see us prioritize
establishing electronic medical records for illegal immigrants when we
still haven't been able to provide that for veterans in our country or
our military, and we have been working on it for years.
Mr. Speaker, I yield 3 minutes to the gentleman from Pennsylvania
(Mr. Joyce), a member of the Committee on Homeland Security.
Mr. JOYCE of Pennsylvania. Mr. Speaker, I rise today in opposition to
H.R. 2203, yet another one of the majority's messaging bills that would
do nothing to address the crisis on our southern border.
At home in Pennsylvania's 13th Congressional District, nearly 2,000
miles away from the southern border, this crisis is taking a tangible
toll on our communities. As illicit drugs continue to pour across the
southern border and infiltrate into my district, addiction and death
are occurring.
If we continue to kick the solutions down the road, we are choosing
simply not to act.
Today, we could be voting to stop the human trafficking, to stop the
drug trafficking, to stop the cartels and the violent criminals who
permeate into our country. H.R. 2203 does not address the real
problems.
Instead of passing this do-nothing bill, I ask that we return to the
Homeland Security Committee and work on a bipartisan basis to secure
our border, to end the asylum loopholes, and to protect this great
country.
Mr. ROGERS of Alabama. Mr. Speaker, I reserve the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Texas (Ms. Garcia).
Ms. GARCIA of Texas. Mr. Speaker, I thank the chairman for yielding.
Mr. Speaker, I support H.R. 2203, a bill introduced by my dear friend
from Texas, Congresswoman Veronica Escobar.
There is a humanitarian crisis at the southern border and within the
American immigration system. The Homeland Security Improvement Act is a
critical bill, not a do-nothing bill. It is a critical bill that
addresses our Nation's immigration challenges at the border in a
responsible and humane manner by ensuring accountability and oversight
through the creation of an ombudsman.
[[Page H7932]]
Our American values, moral conscience, and Constitution require that
we treat all individuals on American soil humanely and respectfully.
This bill helps ensure that that happens.
Congress must continue working to finally end the humanitarian crisis
at the southern border. This is a step in the right direction.
Mr. Speaker, I urge my colleagues to join me in support of H.R. 2203.
Mr. THOMPSON of Mississippi. Mr. Speaker, I reserve the balance of my
time.
Mr. ROGERS of Alabama. Mr. Speaker, I yield 2 minutes to the
gentleman from Florida (Mr. Rutherford).
Mr. RUTHERFORD. Mr. Speaker, I thank my colleague from Alabama for
yielding.
Mr. Speaker, we have a crisis at the border. Finally, our colleagues
across the aisle have recognized that this is not a manufactured
crisis.
Just this month, over 800,000 illegal aliens have now crossed our
southern border in 2019. That is two times more than crossed in all of
2018.
These numbers are at historic highs in large part due to our broken
immigration system that incentivizes illegal crossings, and H.R. 2203
does nothing to fix it.
This bill does nothing to stop children from being used as pawns by
traffickers to cross our border. This bill does nothing to support law
enforcement officers, which as a lifelong enforcement officer myself, I
take particular issue with. This bill does nothing to hire more
immigration judges, which are desperately needed in order to decrease
the growing and historic backlog of cases that we have now seen. This
bill does nothing to alleviate the pressure on our detention
facilities.
In fact, this bill will make these problems worse; worse, Mr.
Speaker.
Requiring the release of all migrants after 72 hours in detention
will incentivize even more people to cross our southern border, because
they are guaranteed to be released into the interior of our country.
This bill negates the positive steps that President Trump has taken
to secure our southern border.
A bipartisan majority in the House and Senate did not support these
ideas before when we passed the border supplemental in June, and they
will not support them now.
Instead of giving law enforcement the resources they need to keep our
communities safe, House Democrats are tiptoeing around real solutions,
and are more interested in obstructing our President than solving
problems for the American public.
Mr. Speaker, I encourage my colleagues to vote ``no'' on H.R. 2203.
Mr. ROGERS of Alabama. Mr. Speaker, I reserve the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 4 minutes to the
gentlewoman from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Speaker, I thank the chairman and certainly the
ranking member for his position on this bill, but I rise with great
enthusiasm to support H.R. 2203 by the distinguished gentlewoman from
Texas, and as well to indicate to her that I had wished that the joy of
doing this would be that we are passing productive legislation, but the
sadness is that it is based upon the history and the evidence of what
is going on at the southern border where she lives.
So I hope those who are waiting for this bill will realize that it is
going to pass this House and that we are going to move this bill to the
United States Senate and ask the Senate whether, in fact, they believe
in the humanity of all people.
Let me share with you what this bill is about from my perspective.
First of all, I take no backseat to dealing with the border patrol
agents, the CBP, and any others.
In 2004, Senator Kerry and I, he in the Senate and I in the House,
helped contribute to the modernizing of the border patrol, because when
I went down to the border, they didn't have the tools that they needed.
We gave them the night goggles, we gave them the kinds of equipment
that they needed, those heavy terrain vehicles. We gave them the fast
boats that they needed.
We gave them their equipment, recognizing that we had been organized
just a few years as the Homeland Security Committee, and we wanted our
border to be safe and secure, but at the same time, we wanted to make
sure that we had comprehensive immigration reform. That was imploded
when we could not pass a major bill that came to this House.
So I am curious why anyone would not want to have a bill that says it
is the Homeland Security Improvement Act.
So I stand here in the name of Roger, 9 months old, who was separated
from his parents by the Trump administration's heinous policies of
family separation.
This bill deals with eliminating family separation.
I stand here for the mother who had had a baby, and 45 days after
having that baby, she had not been to a hospital, but she was in a
detention center.
I think it is fair that there be a policy for border patrol agents to
wear those cameras, like any other law enforcement, to protect them and
others; the limitation on the separation of families; the prohibition
of exceeding 72 hours in short-term detention; the ombudsman, which is
so important so that we have a fair investment.
To my friend that was on the floor dealing with human trafficking:
Any day of the week, I will join him in a bill that deals with human
trafficking. I held the first hearing by Homeland Security on human
trafficking in the field almost 8 years ago, because Houston is a known
epicenter for human trafficking.
But right now, we are dealing with the improvement of this
Department, and I believe this commission is going to be important and
crucial for migrant families and children that have been separated and
abused by the Trump administration.
Do we want to see human beings in cages? Or do we want to have a fair
system that protects the United States and the border from the
intrusion of those who would do us harm?
A regular immigration system would allow these desperate families to
come and be processed.
I would have wanted the Mexican program to be out. I would have
wanted to have my amendment that deals with making sure that the FOIA
amendment covers every detention center, private and nonprivate, that
would have ensured that they had to report about what was going on
inside these detention centers.
Those amendments were not allowed at this time, but we will work with
the gentlewoman and work with Homeland Security to make sure that we do
not have Members of Congress blocked from coming to these private
detention centers that women and children are in.
But this is a good start. This gives tools to those who are in need
of those particular tools.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield an additional 1
minute to the gentlewoman.
Ms. JACKSON LEE. Mr. Speaker, I thank the gentleman for the
additional time.
Mr. Speaker, I wanted to focus on this: We know in the past year,
under this administration, seven-plus children have died. How many
adults have also passed? It is as important to report the deaths of
individuals in our own prison systems as it is to report migrant
deaths. They are human beings.
It is important to be able to use and to understand the use of force.
To every law enforcement officer, I say to their families, I want them
to go home to their families. But to every human being who comes
desperate for the hope and the blessings of America who has not come to
do us harm, I want to be able to have the oversight that is in this
bill, the accountability and transparency in that border area.
We all know that El Paso has been touted as the safest city in the
Nation. It was not an immigrant that killed 22 people. It was not an
immigrant whose violence and victimization and utilization of an
automatic weapon caused the injuries to the people whom I had to visit
in the hospitals of El Paso. It was not an immigrant.
Mr. Speaker, this is a worthy bill that will, in fact, provide the
right direction for the Homeland Security Department. I rise to support
H.R. 2203.
Mr. Speaker, I rise to speak in support of H.R. 2203, the Homeland
Security Improvement Act.
[[Page H7933]]
I thank my colleague, Congresswoman Escobar for her leadership in
drafting this important piece of legislation.
As a member of the House Committees on the Judiciary and Homeland
Security, I am well aware of the many problems associated with this
Administration's immigration policy.
Independent Ombudsman:
Establishes an independent Ombudsman for Border and Immigration
Related Concerns within DHS.
The functions of the Ombudsman include establishing an independent,
neutral, and confidential process to assist individuals with complaints
against Immigration and Customs Enforcement (ICE) and U.S. Customs and
Border Protection (CBP).
Provides for annual reporting on the complaints filed, including the
number and types of complaints received to identify trends and solve
systemic problems.
Reviews compliance by CBP and ICE with all departmental policies and
standards related to treatment of migrants in custody, including with
respect to force-feeding.
Makes the complaint resolution process easy to follow by establishing
a publicly available website.
Border Communities Liaison:
Directs the Ombudsman, in conjunction with the Office for Civil
Rights and Civil Liberties at DHS, to appoint a Border Community
Liaison in each Border Patrol sector along the northern and southern
border to:
foster cooperation between ICE, CBP, and border communities;
consult with border communities on CBP and ICE policies, directives,
and programs;
receive feedback from border communities about CBP and ICE activities
in the region; and
report annually to the Ombudsman.
Border Oversight Panel:
Directs the Ombudsman to establish a Border Oversight Panel to
evaluate and make recommendations regarding the border enforcement
policies, strategies, and programs that directly affect border
communities.
Specifically directs the Panel to pay special attention to the way
DHS policies impact due process, property rights, legal obligations,
and migrant and officer safety.
Training Evaluations:
Requires the Ombudsman to conduct annual evaluations of all training
given to the agents and officers at CBP and ICE.
The Ombudsman must examine whether there is training in specific key
areas including community policing, enforcement near sensitive
locations, interacting with vulnerable populations, and professional
and ethical conduct (like lawful use of force, LGBTQ sensitivity, and
sexual harassment).
Mandates that the Ombudsman provide recommendations to the Secretary
on additional training needs. The Secretary must respond to these
recommendations publicly within 180 days with an action plan to
implement such recommendations and a justification for why any of such
recommendations have been rejected.
Body-Worn Cameras:
Directs the Ombudsman, in coordination with CBP Commissioner, ICE
Director, and labor organizations representing agents and officers, to
submit to Congress a plan for requiring the use of body-worn cameras by
U.S. Border Patrol agents and ICE officers when engaged in border
security and immigration enforcement activities.
Provides that the plan must consider existing state and local body-
worn camera policies and principles developed by major civil and human
rights organizations.
I offered an amendment to H.R. 2203, that was not included in this
final bill.
This Jackson Lee Amendment, listed as No. 6 on the Rules Committee
Roster, makes a good bill better by creating an affirmative obligation
on the part of Customs and Border Protection to provide access to
records of entities that contract with the agency to provide services
related to detention or removal of persons, including children.
The Jackson Lee Amendment states simply:
``In the case of a contractor including a State licensed, vetted, and
qualified contractor, and a nonprofit entity, which has a contract with
U.S. Customs and Border Protection for the provision of direct or
support services associated with providing care for individuals,
including unaccompanied alien children, apprehended at the southern
border of the United States, any record of the contractor held by U.S.
Customs and Border Protection shall be considered an agency record for
purposes of section 552 on title 5, United States Code.''
Since 1967, the Freedom of Information Act (FOIA) has provided the
public the right to request access to records from any federal agency.
It is often described as the law that keeps citizens in the know
about their government.
Federal agencies are required to disclose any information requested
under the FOIA unless it falls under one of nine exemptions which
protect interests such as personal privacy, national security, and law
enforcement.
The FOIA also requires agencies to proactively post online certain
categories of information, including frequently requested records.
As Congress, the President, and the Supreme Court have all
recognized, the FOIA is a vital part of our democracy.
I will continue to work with my colleagues on gaining greater
transparency and oversight of CBP.
I ask my colleagues to join me in support of this bill.
Mr. ROGERS of Alabama. Mr. Speaker, I yield 4 minutes to the
gentleman from Mississippi (Mr. Guest), a member of the Committee on
Homeland Security.
Mr. GUEST. Mr. Speaker, as a member of the Committee on Homeland
Security and a former prosecutor, I rise today to express my concerns
regarding H.R. 2203.
While the bill is referred to as the Homeland Security Improvement
Act, the legislation does not make improvements to our homeland
security, and, in fact, would have no positive impact on resolving the
crisis at our southwest border or preventing any future homeland
security crisis.
It is the responsibility of Congress to fix gaps in our immigration
system that benefit criminals such as human traffickers and drug
smugglers.
Instead of addressing these needs, this bill would create even more
loopholes.
H.R. 2203 would establish a new and unnecessary position at the
Department of Homeland Security that would serve as an additional
barrier for law enforcement officers charged with protecting our
communities. This new position would overlap with existing positions at
DHS, and a panel of appointees or bureaucrats with no prior experience
in law enforcement would oversee the border and immigration enforcement
process.
{time} 1615
Democrats must recognize the efforts, dedication, and sacrifices made
each day by members of our law enforcement community to uphold the rule
of law. Rather than undermining their roles and duties, we should be
focusing on how we can assist these brave men and women who work to
maintain our Nation's security.
I recently introduced H.R. 3990, the Operation Stonegarden
Authorization Act. This bill would establish a grant program for States
bordering Mexico or Canada or those with a maritime border. These
grants would provide much-needed resources to help Customs and Border
Protection and local law enforcement officers efficiently carry out
their mission on behalf of the American people.
I urge my colleagues on both sides of the aisle to join me in
promoting respect for our law enforcement community and providing a
sense of gratitude for the work they do to keep us, our families, and
our communities safe.
As a member of the Committee on Homeland Security, I voted against
this bill when it was considered in committee. Now, I strongly
encourage my colleagues to join me in voting against this partisan
measure and to, instead, work across the aisle to find real solutions,
bipartisan solutions, to make America a safer place to live, to
worship, and to raise a family.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 1 minute to the
gentlewoman from California (Ms. Lee).
Ms. LEE of California. Mr. Speaker, first, I thank Chairman Thompson
for yielding and for his tremendous leadership not only on issues of
security but on so many issues that affect our country.
Also, I thank Congresswoman Veronica Escobar, who I call my
Congresswoman because she represents the wonderful people of my
hometown of El Paso, Texas.
Mr. Speaker, I rise today to support H.R. 2203, the Homeland Security
Improvement Act.
I have visited McAllen and Brownsville, Texas, and Homestead. I have
witnessed children in cages, sleeping on concrete floors. I had a
chance to talk to mothers and fathers who had no idea where their
children were.
I served on the conference committee on homeland security as we moved
to open the government earlier this year. I have to tell you, there
were so many suggestions that were made that
[[Page H7934]]
weren't accepted. There were good, rational, concrete suggestions.
This is a critical bill that addresses some of those concerns.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield an additional 1
minute to the gentlewoman.
Ms. LEE of California. It creates an independent ombudsman, which
will establish a confidential process to assist individuals with
complaints against ICE and CBP.
Once more, this bill is important for our children and would develop
recommendations for the establishment of an electronic tracking system
to track the location of children who have been separated from a
parent, legal guardian, or other relative.
We will not stand by while the Trump administration separates
children from their families, so this bill takes an important step in
the right direction.
By passing this bill today, we are putting critical protocols and
protections in place for migrants, making sure that their well-being
and health is uplifted at every step.
We cannot allow migrants to be abused by CBP and ICE any longer. It
is past time to protect migrants who are seeking a chance to start a
new life in America. It is past time we recognize people fleeing
violence are human beings who deserve a chance to address and be part
of a just immigration system.
Mr. Speaker, I urge my colleagues to vote ``yes'' on this vital bill.
I thank Chairman Thompson and Congresswoman Escobar for finally
getting this bill to the floor.
Mr. ROGERS of Alabama. Mr. Speaker, I have no further speakers, and I
am prepared to close.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this bill demonstrates just how disingenuous Democrats
are about securing our borders and fixing our broken immigration
system. Their Caucus is in such disarray on this issue that it took
them 10 weeks and a hatchet just to find a compromise among themselves.
Now, they are going to send another partisan messaging bill to the
Senate, where it will promptly die.
Congratulations on the press release.
Mr. Speaker, we watched an unprecedented humanitarian crisis unfold
on our Southwest border this year. It used to be that when this country
faced a crisis, Democrats and Republicans came together to solve it and
ensure it didn't happen again. Unfortunately, that is no longer the
practice under Democratic control.
When Democrats are ready to legislate with real solutions to problems
this country faces, Republicans stand ready to work with them. In the
meantime, I urge all Members to oppose this bill, and I yield back the
balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, the Trump administration's cruel and inhumane approach
to border and immigration enforcement has subjected DHS' frontline
personnel and border communities to chaotic conditions. It has also
hurt families and children.
From the Remain in Mexico policy that puts children and families in
harm's way indefinitely to family separation to metering, the Trump
administration has haphazardly reshaped how people who seek safety in
the U.S. are treated. It is essential that there be greater
transparency and accountability regarding what DHS is doing along the
border. More remains to be done, but H.R. 2203 includes several first
steps.
I urge my colleagues to support this measure, and I yield back the
balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 577, the previous question is ordered on
the bill, as amended.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further
consideration of H.R. 2203 is postponed.
____________________