[Congressional Record Volume 169, Number 79 (Wednesday, May 10, 2023)]
[House]
[Pages H2195-H2236]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     SECURE THE BORDER ACT OF 2023

  Mr. GREEN of Tennessee. Mr. Speaker, pursuant to House Resolution 
383, I call up the bill (H.R. 2) to secure the borders of the United 
States, and for other purposes, and ask for its immediate consideration 
in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 383, the bill 
is considered read.
  The text of the bill is as follows:

                                 H.R. 2

       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 ``Secure the 
     Border Act of 2023''.
       (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. Eradication of carrizo cane and salt cedar.
Sec. 113. Border patrol strategic plan.
Sec. 114. U.S. Customs and Border Protection spiritual readiness.
Sec. 115. Restrictions on funding.
Sec. 116. Collection of DNA and biometric information at the border.
Sec. 117. 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. 118. Publication by U.S. Customs and Border Protection of 
              operational statistics.
Sec. 119. Alien criminal background checks.
Sec. 120. Prohibited identification documents at airport security 
              checkpoints; notification to immigration agencies.
Sec. 121. Prohibition against any COVID-19 vaccine mandate or adverse 
              action against DHS employees.
Sec. 122. CBP One app limitation.
Sec. 123. Report on Mexican drug cartels.
Sec. 124. GAO study on costs incurred by States to secure the southwest 
              border.
Sec. 125. Report by Inspector General of the Department of Homeland 
              Security.
Sec. 126. Offsetting authorizations of appropriations.
Sec. 127. Report to Congress on foreign terrorist organizations.
Sec. 128. 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--LEGAL WORKFORCE

Sec. 801. Employment eligibility verification process.
Sec. 802. Employment eligibility verification system.
Sec. 803. Recruitment, referral, and continuation of employment.
Sec. 804. Good faith defense.
Sec. 805. Preemption and States' rights.
Sec. 806. Repeal.
Sec. 807. Penalties.
Sec. 808. Fraud and misuse of documents.
Sec. 809. Protection of Social Security Administration programs.
Sec. 810. Fraud prevention.
Sec. 811. Use of employment eligibility verification photo tool.
Sec. 812. Identity authentication employment eligibility verification 
              pilot programs.
Sec. 813. Inspector General audits.
Sec. 814. Agriculture workforce study.
Sec. 815. Sense of Congress on further implementation.
Sec. 816. Repealing regulations.

                      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)).

[[Page H2196]]

       (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.

[[Page H2197]]

       ``(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--

[[Page H2198]]

       ``(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 2023 and 2024 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 
     Secure the Border Act of 2023 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:

[[Page H2199]]

       ``(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--

[[Page H2200]]

       (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 
     Secure the Border Act of 2023; 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. ERADICATION OF CARRIZO CANE AND SALT CEDAR.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with the heads of relevant Federal, State, and local 
     agencies, shall hire contractors to begin eradicating the 
     carrizo cane plant and any salt cedar along the Rio Grande 
     River that impedes border security operations. Such 
     eradication shall be completed--
       (1) by not later than September 30, 2027, except for 
     required maintenance; and
       (2) in the most expeditious and cost-effective manner 
     possible to maintain clear fields of view.
       (b) Application.--The waiver authority under subsection (c) 
     of section 102 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), as 
     amended by section 103 of this division, shall apply to 
     activities carried out pursuant to subsection (a).
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary 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 strategic plan to 
     eradicate all carrizo cane plant and salt cedar along the Rio 
     Grande River that impedes border security operations by not 
     later than September 30, 2027.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated $7,000,000 for each of fiscal years 2024 
     through 2028 to the Secretary to carry out this subsection.

     SEC. 113. 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. 114. 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. 115. 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. 116. 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. 117. 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

[[Page H2201]]

     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. 118. 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. 119. 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. 120. 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

[[Page H2202]]

     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. 121. 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. 122. 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. 123. 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. 124. 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. 125. 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. 126. 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. 127. 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. 128. 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--

[[Page H2203]]

       ``(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;

[[Page H2204]]

       ``(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).''.

[[Page H2205]]

  


     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

[[Page H2206]]

     (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, 2023.
       (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.''.

[[Page H2207]]

  


     SEC. 202. OPERATIONAL DETENTION FACILITIES.

       (a) In General.--Not later than September 30, 2023, 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

[[Page H2208]]

     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

[[Page H2209]]

     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'.

[[Page H2210]]

       ``(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, 2023, 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--LEGAL WORKFORCE

     SEC. 801. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.

       (a) In General.--Section 274A(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(b)) is amended to read as 
     follows:
       ``(b) Employment Eligibility Verification Process.--
       ``(1) New hires, recruitment, and referral.--The 
     requirements referred to in paragraphs (1)(B) and (3) of 
     subsection (a) are, in the case of a person or other entity 
     hiring, recruiting, or referring an individual for employment 
     in the United States, the following:
       ``(A) Attestation after examination of documentation.--
       ``(i) Attestation.--During the verification period (as 
     defined in subparagraph (E)), the person or entity shall 
     attest, under penalty of perjury and on a form, including 
     electronic format, designated or established by the Secretary 
     by regulation not later than 6 months after the date of the 
     enactment of title VIII of division B of the Secure the 
     Border Act of 2023, that it has verified that the individual 
     is not an unauthorized alien by--

       ``(I) obtaining from the individual the individual's social 
     security account number or United States passport number and 
     recording the number on the form (if the individual claims to 
     have been issued such a number), and, if the individual does 
     not attest to United States nationality under subparagraph 
     (B), obtaining such identification or authorization number 
     established by the Department of Homeland Security for the 
     alien as the Secretary of Homeland Security may specify, and 
     recording such number on the form; and
       ``(II) examining--

       ``(aa) a document relating to the individual presenting it 
     described in clause (ii); or
       ``(bb) a document relating to the individual presenting it 
     described in clause (iii) and a document relating to the 
     individual presenting it described in clause (iv).
       ``(ii) Documents evidencing employment authorization and 
     establishing identity.--A document described in this 
     subparagraph is an individual's--

       ``(I) unexpired United States passport or passport card;
       ``(II) unexpired permanent resident card that contains a 
     photograph;
       ``(III) unexpired employment authorization card that 
     contains a photograph;
       ``(IV) in the case of a nonimmigrant alien authorized to 
     work for a specific employer incident to status, a foreign 
     passport with Form I-94 or Form I-94A, or other documentation 
     as designated by the Secretary specifying the alien's 
     nonimmigrant status as long as the period of status has not 
     yet expired and the proposed employment is not in conflict 
     with any restrictions or limitations identified in the 
     documentation;
       ``(V) passport from the Federated States of Micronesia 
     (FSM) or the Republic of the Marshall Islands (RMI) with Form 
     I-94 or Form I-94A, or other documentation as designated by 
     the Secretary, indicating nonimmigrant admission under the 
     Compact of Free Association Between the United States and the 
     FSM or RMI; or
       ``(VI) other document designated by the Secretary of 
     Homeland Security, if the document--

       ``(aa) contains a photograph of the individual and 
     biometric identification data from the individual and such 
     other personal identifying information relating to the 
     individual as the Secretary of Homeland Security finds, by 
     regulation, sufficient for purposes of this clause;
       ``(bb) is evidence of authorization of employment in the 
     United States; and
       ``(cc) contains security features to make it resistant to 
     tampering, counterfeiting, and fraudulent use.
       ``(iii) Documents evidencing employment authorization.--A 
     document described in this subparagraph is an individual's 
     social security account number card (other than such a card 
     which specifies on the face that the issuance of the card 
     does not authorize employment in the United States).
       ``(iv) Documents establishing identity of individual.--A 
     document described in this subparagraph is--

       ``(I) an individual's unexpired State issued driver's 
     license or identification card if it contains a photograph 
     and information such as name, date of birth, gender, height, 
     eye color, and address;
       ``(II) an individual's unexpired United States military 
     identification card;
       ``(III) an individual's unexpired Native American tribal 
     identification document issued by a tribal entity recognized 
     by the Bureau of Indian Affairs; or
       ``(IV) in the case of an individual under 18 years of age, 
     a parent or legal guardian's attestation under penalty of law 
     as to the identity and age of the individual.

       ``(v) Authority to prohibit use of certain documents.--If 
     the Secretary of Homeland Security finds, by regulation, that 
     any document described in clause (i), (ii), or (iii) as 
     establishing employment authorization or identity does not 
     reliably establish such authorization or identity or is being 
     used fraudulently to an unacceptable degree, the Secretary 
     may prohibit or place conditions on its use for purposes of 
     this paragraph.
       ``(vi) Signature.--Such attestation may be manifested by 
     either a handwritten or electronic signature.
       ``(B) Individual attestation of employment authorization.--
     During the verification period (as defined in subparagraph 
     (E)), the individual shall attest, under penalty of perjury 
     on the form designated or established for purposes of 
     subparagraph (A), that the individual is a citizen or 
     national of the United States, an alien lawfully admitted for 
     permanent residence, or an alien who is authorized under this 
     Act or by the Secretary of Homeland Security to be hired, 
     recruited, or referred for such employment. Such attestation 
     may be manifested by either a handwritten or electronic 
     signature. The individual shall also provide that 
     individual's social security account number or United States 
     passport number (if the individual claims to have been issued 
     such a

[[Page H2211]]

     number), and, if the individual does not attest to United 
     States nationality under this subparagraph, such 
     identification or authorization number established by the 
     Department of Homeland Security for the alien as the 
     Secretary may specify.
       ``(C) Retention of verification form and verification.--
       ``(i) In general.--After completion of such form in 
     accordance with subparagraphs (A) and (B), the person or 
     entity shall--

       ``(I) retain a paper or electronic version of the form and 
     make it available for inspection by officers of the 
     Department of Homeland Security, the Department of Justice, 
     or the Department of Labor during a period beginning on the 
     date of the recruiting or referral of the individual, or, in 
     the case of the hiring of an individual, the date on which 
     the verification is completed, and ending--

       ``(aa) in the case of the recruiting or referral of an 
     individual, 3 years after the date of the recruiting or 
     referral; and
       ``(bb) in the case of the hiring of an individual, the 
     later of 3 years after the date the verification is completed 
     or one year after the date the individual's employment is 
     terminated; and

       ``(II) during the verification period (as defined in 
     subparagraph (E)), make an inquiry, as provided in subsection 
     (d), using the verification system to seek verification of 
     the identity and employment eligibility of an individual.

       ``(ii) Confirmation.--

       ``(I) Confirmation received.--If the person or other entity 
     receives an appropriate confirmation of an individual's 
     identity and work eligibility under the verification system 
     within the time period specified, the person or entity shall 
     record on the form an appropriate code that is provided under 
     the system and that indicates a final confirmation of such 
     identity and work eligibility of the individual.
       ``(II) Tentative nonconfirmation received.--If the person 
     or other entity receives a tentative nonconfirmation of an 
     individual's identity or work eligibility under the 
     verification system within the time period specified, the 
     person or entity shall so inform the individual for whom the 
     verification is sought. If the individual does not contest 
     the nonconfirmation within the time period specified, the 
     nonconfirmation shall be considered final. The person or 
     entity shall then record on the form an appropriate code 
     which has been provided under the system to indicate a final 
     nonconfirmation. If the individual does contest the 
     nonconfirmation, the individual shall utilize the process for 
     secondary verification provided under subsection (d). The 
     nonconfirmation will remain tentative until a final 
     confirmation or nonconfirmation is provided by the 
     verification system within the time period specified. In no 
     case shall an employer terminate employment of an individual 
     because of a failure of the individual to have identity and 
     work eligibility confirmed under this section until a 
     nonconfirmation becomes final. Nothing in this clause shall 
     apply to a termination of employment for any reason other 
     than because of such a failure. In no case shall an employer 
     rescind the offer of employment to an individual because of a 
     failure of the individual to have identity and work 
     eligibility confirmed under this subsection until a 
     nonconfirmation becomes final. Nothing in this subclause 
     shall apply to a recission of the offer of employment for any 
     reason other than because of such a failure.
       ``(III) Final confirmation or nonconfirmation received.--If 
     a final confirmation or nonconfirmation is provided by the 
     verification system regarding an individual, the person or 
     entity shall record on the form an appropriate code that is 
     provided under the system and that indicates a confirmation 
     or nonconfirmation of identity and work eligibility of the 
     individual.
       ``(IV) Extension of time.--If the person or other entity in 
     good faith attempts to make an inquiry during the time period 
     specified and the verification system has registered that not 
     all inquiries were received during such time, the person or 
     entity may make an inquiry in the first subsequent working 
     day in which the verification system registers that it has 
     received all inquiries. If the verification system cannot 
     receive inquiries at all times during a day, the person or 
     entity merely has to assert that the entity attempted to make 
     the inquiry on that day for the previous sentence to apply to 
     such an inquiry, and does not have to provide any additional 
     proof concerning such inquiry.
       ``(V) Consequences of nonconfirmation.--

       ``(aa) Termination or notification of continued 
     employment.--If the person or other entity has received a 
     final nonconfirmation regarding an individual, the person or 
     entity may terminate employment of the individual (or decline 
     to recruit or refer the individual). If the person or entity 
     does not terminate employment of the individual or proceeds 
     to recruit or refer the individual, the person or entity 
     shall notify the Secretary of Homeland Security of such fact 
     through the verification system or in such other manner as 
     the Secretary may specify.
       ``(bb) Failure to notify.--If the person or entity fails to 
     provide notice with respect to an individual as required 
     under item (aa), the failure is deemed to constitute a 
     violation of subsection (a)(1)(A) with respect to that 
     individual.

       ``(VI) Continued employment after final nonconfirmation.--
     If the person or other entity continues to employ (or to 
     recruit or refer) an individual after receiving final 
     nonconfirmation, a rebuttable presumption is created that the 
     person or entity has violated subsection (a)(1)(A).

       ``(D) Effective dates of new procedures.--
       ``(i) Hiring.--Except as provided in clause (iii), the 
     provisions of this paragraph shall apply to a person or other 
     entity hiring an individual for employment in the United 
     States as follows:

       ``(I) With respect to employers having 10,000 or more 
     employees in the United States on the date of the enactment 
     of title VIII of division B of the Secure the Border Act of 
     2023, on the date that is 6 months after the date of the 
     enactment of title.
       ``(II) With respect to employers having 500 or more 
     employees in the United States, but less than 10,000 
     employees in the United States, on the date of the enactment 
     of title VIII of division B of the Secure the Border Act of 
     2023, on the date that is 12 months after the date of the 
     enactment of such title.
       ``(III) With respect to employers having 20 or more 
     employees in the United States, but less than 500 employees 
     in the United States, on the date of the enactment of title 
     VIII of division B of the Secure the Border Act of 2023, on 
     the date that is 18 months after the date of the enactment of 
     such title.
       ``(IV) With respect to employers having one or more 
     employees in the United States, but less than 20 employees in 
     the United States, on the date of the enactment of title VIII 
     of division B of the Secure the Border Act of 2023, on the 
     date that is 24 months after the date of the enactment of 
     such title.

       ``(ii) Recruiting and referring.--Except as provided in 
     clause (iii), the provisions of this paragraph shall apply to 
     a person or other entity recruiting or referring an 
     individual for employment in the United States on the date 
     that is 12 months after the date of the enactment of title 
     VIII of division B of the Secure the Border Act of 2023.
       ``(iii) Agricultural labor or services.--With respect to an 
     employee performing agricultural labor or services, this 
     paragraph shall not apply with respect to the verification of 
     the employee until the date that is 36 months after the date 
     of the enactment of title VIII of division B of the Secure 
     the Border Act of 2023. For purposes of the preceding 
     sentence, the term `agricultural labor or services' has the 
     meaning given such term by the Secretary of Agriculture in 
     regulations and includes agricultural labor as defined in 
     section 3121(g) of the Internal Revenue Code of 1986, 
     agriculture as defined in section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)), the handling, 
     planting, drying, packing, packaging, processing, freezing, 
     or grading prior to delivery for storage of any agricultural 
     or horticultural commodity in its unmanufactured state, all 
     activities required for the preparation, processing or 
     manufacturing of a product of agriculture (as such term is 
     defined in such section 3(f)) for further distribution, and 
     activities similar to all the foregoing as they relate to 
     fish or shellfish facilities. An employee described in this 
     clause shall not be counted for purposes of clause (i).
       ``(iv) Extensions.--

       ``(I) On request.--Upon request by an employer having 50 or 
     fewer employees, the Secretary shall allow a one-time 6-month 
     extension of the effective date set out in this subparagraph 
     applicable to such employer. Such request shall be made to 
     the Secretary and shall be made prior to such effective date.
       ``(II) Following report.--If the study under section 814 of 
     title VIII of division B of the Secure the Border Act of 2023 
     has been submitted in accordance with such section, the 
     Secretary of Homeland Security may extend the effective date 
     set out in clause (iii) on a one-time basis for 12 months.

       ``(v) Transition rule.--Subject to paragraph (4), the 
     following shall apply to a person or other entity hiring, 
     recruiting, or referring an individual for employment in the 
     United States until the effective date or dates applicable 
     under clauses (i) through (iii):

       ``(I) This subsection, as in effect before the enactment of 
     title VIII of division B of the Secure the Border Act of 
     2023.
       ``(II) Subtitle A of title IV of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1324a note), as in effect before the effective date in 
     section 807(c) of title VIII of division B of the Secure the 
     Border Act of 2023.
       ``(III) Any other provision of Federal law requiring the 
     person or entity to participate in the E-Verify Program 
     described in section 403(a) of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
     note), as in effect before the effective date in section 
     807(c) of title VIII of division B of the Secure the Border 
     Act of 2023, including Executive Order 13465 (8 U.S.C. 1324a 
     note; relating to Government procurement).

       ``(E) Verification period defined.--
       ``(i) In general.--For purposes of this paragraph:

       ``(I) In the case of recruitment or referral, the term 
     `verification period' means the period ending on the date 
     recruiting or referring commences.
       ``(II) In the case of hiring, the term `verification 
     period' means the period beginning on the date on which an 
     offer of employment is extended and ending on the date that 
     is three business days after the date of hire, except as 
     provided in clause (iii). The offer of employment may be 
     conditioned in accordance with clause (ii).

[[Page H2212]]

       ``(ii) Job offer may be conditional.--A person or other 
     entity may offer a prospective employee an employment 
     position that is conditioned on final verification of the 
     identity and employment eligibility of the employee using the 
     procedures established under this paragraph.
       ``(iii) Special rule.--Notwithstanding clause (i)(II), in 
     the case of an alien who is authorized for employment and who 
     provides evidence from the Social Security Administration 
     that the alien has applied for a social security account 
     number, the verification period ends three business days 
     after the alien receives the social security account number.
       ``(2) Reverification for individuals with limited work 
     authorization.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a person or entity shall make an inquiry, as provided in 
     subsection (d), using the verification system to seek 
     reverification of the identity and employment eligibility of 
     all individuals with a limited period of work authorization 
     employed by the person or entity during the three business 
     days after the date on which the employee's work 
     authorization expires as follows:
       ``(i) With respect to employers having 10,000 or more 
     employees in the United States on the date of the enactment 
     of title VIII of division B of the Secure the Border Act of 
     2023, beginning on the date that is 6 months after the date 
     of the enactment of such title.
       ``(ii) With respect to employers having 500 or more 
     employees in the United States, but less than 10,000 
     employees in the United States, on the date of the enactment 
     of title VIII of division B of the Secure the Border Act of 
     2023, beginning on the date that is 12 months after the date 
     of the enactment of such title.
       ``(iii) With respect to employers having 20 or more 
     employees in the United States, but less than 500 employees 
     in the United States, on the date of the enactment of title 
     VIII of division B of the Secure the Border Act of 2023, 
     beginning on the date that is 18 months after the date of the 
     enactment of such title.
       ``(iv) With respect to employers having one or more 
     employees in the United States, but less than 20 employees in 
     the United States, on the date of the enactment of title VIII 
     of division B of the Secure the Border Act of 2023, beginning 
     on the date that is 24 months after the date of the enactment 
     of such title.
       ``(B) Agricultural labor or services.--With respect to an 
     employee performing agricultural labor or services, or an 
     employee recruited or referred by a farm labor contractor (as 
     defined in section 3 of the Migrant and Seasonal Agricultural 
     Worker Protection Act (29 U.S.C. 1801)), subparagraph (A) 
     shall not apply with respect to the reverification of the 
     employee until the date that is 36 months after the date of 
     the enactment of title VIII of division B of the Secure the 
     Border Act of 2023. For purposes of the preceding sentence, 
     the term `agricultural labor or services' has the meaning 
     given such term by the Secretary of Agriculture in 
     regulations and includes agricultural labor as defined in 
     section 3121(g) of the Internal Revenue Code of 1986, 
     agriculture as defined in section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)), the handling, 
     planting, drying, packing, packaging, processing, freezing, 
     or grading prior to delivery for storage of any agricultural 
     or horticultural commodity in its unmanufactured state, all 
     activities required for the preparation, processing, or 
     manufacturing of a product of agriculture (as such term is 
     defined in such section 3(f)) for further distribution, and 
     activities similar to all the foregoing as they relate to 
     fish or shellfish facilities. An employee described in this 
     subparagraph shall not be counted for purposes of 
     subparagraph (A).
       ``(C) Reverification.--Paragraph (1)(C)(ii) shall apply to 
     reverifications pursuant to this paragraph on the same basis 
     as it applies to verifications pursuant to paragraph (1), 
     except that employers shall--
       ``(i) use a form designated or established by the Secretary 
     by regulation for purposes of this paragraph; and
       ``(ii) retain a paper or electronic version of the form and 
     make it available for inspection by officers of the 
     Department of Homeland Security, the Department of Justice, 
     or the Department of Labor during the period beginning on the 
     date the reverification commences and ending on the date that 
     is the later of 3 years after the date of such reverification 
     or 1 year after the date the individual's employment is 
     terminated.
       ``(3) Previously hired individuals.--
       ``(A) On a mandatory basis for certain employees.--
       ``(i) In general.--Not later than the date that is 6 months 
     after the date of the enactment of title VIII of division B 
     of the Secure the Border Act of 2023, an employer shall make 
     an inquiry, as provided in subsection (d), using the 
     verification system to seek verification of the identity and 
     employment eligibility of any individual described in clause 
     (ii) employed by the employer whose employment eligibility 
     has not been verified under the E-Verify Program described in 
     section 403(a) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
       ``(ii) Individuals described.--An individual described in 
     this clause is any of the following:

       ``(I) An employee of any unit of a Federal, State, or local 
     government.
       ``(II) An employee who requires a Federal security 
     clearance working in a Federal, State, or local government 
     building, a military base, a nuclear energy site, a weapons 
     site, or an airport or other facility that requires workers 
     to carry a Transportation Worker Identification Credential 
     (TWIC).
       ``(III) An employee assigned to perform work in the United 
     States under a Federal contract, except that this subclause--

       ``(aa) is not applicable to individuals who have a 
     clearance under Homeland Security Presidential Directive 12 
     (HSPD 12 clearance), are administrative or overhead 
     personnel, or are working solely on contracts that provide 
     Commercial Off The Shelf goods or services as set forth by 
     the Federal Acquisition Regulatory Council, unless they are 
     subject to verification under subclause (II); and
       ``(bb) only applies to contracts over the simple 
     acquisition threshold as defined in section 2.101 of title 
     48, Code of Federal Regulations.
       ``(B) On a mandatory basis for multiple users of same 
     social security account number.--In the case of an employer 
     who is required by this subsection to use the verification 
     system described in subsection (d), or has elected 
     voluntarily to use such system, the employer shall make 
     inquiries to the system in accordance with the following:
       ``(i) The Commissioner of Social Security shall notify 
     annually employees (at the employee address listed on the 
     Wage and Tax Statement) who submit a social security account 
     number to which more than one employer reports income and for 
     which there is a pattern of unusual multiple use. The 
     notification letter shall identify the number of employers to 
     which income is being reported as well as sufficient 
     information notifying the employee of the process to contact 
     the Social Security Administration Fraud Hotline if the 
     employee believes the employee's identity may have been 
     stolen. The notice shall not share information protected as 
     private, in order to avoid any recipient of the notice from 
     being in the position to further commit or begin committing 
     identity theft.
       ``(ii) If the person to whom the social security account 
     number was issued by the Social Security Administration has 
     been identified and confirmed by the Commissioner, and 
     indicates that the social security account number was used 
     without their knowledge, the Secretary and the Commissioner 
     shall lock the social security account number for employment 
     eligibility verification purposes and shall notify the 
     employers of the individuals who wrongfully submitted the 
     social security account number that the employee may not be 
     work eligible.
       ``(iii) Each employer receiving such notification of an 
     incorrect social security account number under clause (ii) 
     shall use the verification system described in subsection (d) 
     to check the work eligibility status of the applicable 
     employee within 10 business days of receipt of the 
     notification.
       ``(C) On a voluntary basis.--Subject to paragraph (2), and 
     subparagraphs (A) through (C) of this paragraph, beginning on 
     the date that is 30 days after the date of the enactment of 
     title VIII of division B of the Secure the Border Act of 
     2023, an employer may make an inquiry, as provided in 
     subsection (d), using the verification system to seek 
     verification of the identity and employment eligibility of 
     any individual employed by the employer. If an employer 
     chooses voluntarily to seek verification of any individual 
     employed by the employer, the employer shall seek 
     verification of all individuals employed at the same 
     geographic location or, at the option of the employer, all 
     individuals employed within the same job category, as the 
     employee with respect to whom the employer seeks voluntarily 
     to use the verification system. An employer's decision about 
     whether or not voluntarily to seek verification of its 
     current workforce under this subparagraph may not be 
     considered by any government agency in any proceeding, 
     investigation, or review provided for in this Act.
       ``(D) Verification.--Paragraph (1)(C)(ii) shall apply to 
     verifications pursuant to this paragraph on the same basis as 
     it applies to verifications pursuant to paragraph (1), except 
     that employers shall--
       ``(i) use a form designated or established by the Secretary 
     by regulation for purposes of this paragraph; and
       ``(ii) retain a paper or electronic version of the form and 
     make it available for inspection by officers of the 
     Department of Homeland Security, the Department of Justice, 
     or the Department of Labor during the period beginning on the 
     date the verification commences and ending on the date that 
     is the later of 3 years after the date of such verification 
     or 1 year after the date the individual's employment is 
     terminated.
       ``(4) Early compliance.--
       ``(A) Former e-verify required users, including federal 
     contractors.--Notwithstanding the deadlines in paragraphs (1) 
     and (2), beginning on the date of the enactment of title VIII 
     of division B of the Secure the Border Act of 2023, the 
     Secretary is authorized to commence requiring employers 
     required to participate in the E-Verify Program described in 
     section 403(a) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), 
     including employers required to participate in such program 
     by reason of Federal acquisition laws (and regulations 
     promulgated under those laws, including the Federal 
     Acquisition Regulation), to commence compliance with the 
     requirements of this subsection (and any additional 
     requirements of

[[Page H2213]]

     such Federal acquisition laws and regulation) in lieu of any 
     requirement to participate in the E-Verify Program.
       ``(B) Former e-verify voluntary users and others desiring 
     early compliance.--Notwithstanding the deadlines in 
     paragraphs (1) and (2), beginning on the date of the 
     enactment of title VIII of division B of the Secure the 
     Border Act of 2023, the Secretary shall provide for the 
     voluntary compliance with the requirements of this subsection 
     by employers voluntarily electing to participate in the E-
     Verify Program described in section 403(a) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note) before such date, as well as by other 
     employers seeking voluntary early compliance.
       ``(5) Copying of documentation permitted.--Notwithstanding 
     any other provision of law, the person or entity may copy a 
     document presented by an individual pursuant to this 
     subsection and may retain the copy, but only (except as 
     otherwise permitted under law) for the purpose of complying 
     with the requirements of this subsection.
       ``(6) Limitation on use of forms.--A form designated or 
     established by the Secretary of Homeland Security under this 
     subsection and any information contained in or appended to 
     such form, may not be used for purposes other than for 
     enforcement of this Act and any other provision of Federal 
     criminal law.
       ``(7) Good faith compliance.--
       ``(A) In general.--Except as otherwise provided in this 
     subsection, a person or entity is considered to have complied 
     with a requirement of this subsection notwithstanding a 
     technical or procedural failure to meet such requirement if 
     there was a good faith attempt to comply with the 
     requirement.
       ``(B) Exception if failure to correct after notice.--
     Subparagraph (A) shall not apply if--
       ``(i) the failure is not de minimus;
       ``(ii) the Secretary of Homeland Security has explained to 
     the person or entity the basis for the failure and why it is 
     not de minimus;
       ``(iii) the person or entity has been provided a period of 
     not less than 30 calendar days (beginning after the date of 
     the explanation) within which to correct the failure; and
       ``(iv) the person or entity has not corrected the failure 
     voluntarily within such period.
       ``(C) Exception for pattern or practice violators.--
     Subparagraph (A) shall not apply to a person or entity that 
     has engaged or is engaging in a pattern or practice of 
     violations of subsection (a)(1)(A) or (a)(2).
       ``(8) Single extension of deadlines upon certification.--In 
     a case in which the Secretary of Homeland Security has 
     certified to the Congress that the employment eligibility 
     verification system required under subsection (d) will not be 
     fully operational by the date that is 6 months after the date 
     of the enactment of title VIII of division B of the Secure 
     the Border Act of 2023, each deadline established under this 
     section for an employer to make an inquiry using such system 
     shall be extended by 6 months. No other extension of such a 
     deadline shall be made except as authorized under paragraph 
     (1)(D)(iv).''.
       (b) Date of Hire.--Section 274A(h) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at 
     the end the following:
       ``(4) Definition of date of hire.--As used in this section, 
     the term `date of hire' means the date of actual commencement 
     of employment for wages or other remuneration, unless 
     otherwise specified.''.

     SEC. 802. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

       Section 274A(d) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(d)) is amended to read as follows:
       ``(d) Employment Eligibility Verification System.--
       ``(1) In general.--Patterned on the employment eligibility 
     confirmation system established under section 404 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1324a note), the Secretary of Homeland 
     Security shall establish and administer a verification system 
     through which the Secretary (or a designee of the Secretary, 
     which may be a nongovernmental entity)--
       ``(A) responds to inquiries made by persons at any time 
     through a toll-free electronic media concerning an 
     individual's identity and whether the individual is 
     authorized to be employed; and
       ``(B) maintains records of the inquiries that were made, of 
     verifications provided (or not provided), and of the codes 
     provided to inquirers as evidence of their compliance with 
     their obligations under this section.
       ``(2) Initial response.--The verification system shall 
     provide confirmation or a tentative nonconfirmation of an 
     individual's identity and employment eligibility within 3 
     working days of the initial inquiry. If providing 
     confirmation or tentative nonconfirmation, the verification 
     system shall provide an appropriate code indicating such 
     confirmation or such nonconfirmation.
       ``(3) Secondary confirmation process in case of tentative 
     nonconfirmation.--In cases of tentative nonconfirmation, the 
     Secretary shall specify, in consultation with the 
     Commissioner of Social Security, an available secondary 
     verification process to confirm the validity of information 
     provided and to provide a final confirmation or 
     nonconfirmation not later than 10 working days after the date 
     on which the notice of the tentative nonconfirmation is 
     received by the employee. The Secretary, in consultation with 
     the Commissioner, may extend this deadline once on a case-by-
     case basis for a period of 10 working days, and if the time 
     is extended, shall document such extension within the 
     verification system. The Secretary, in consultation with the 
     Commissioner, shall notify the employee and employer of such 
     extension. The Secretary, in consultation with the 
     Commissioner, shall create a standard process of such 
     extension and notification and shall make a description of 
     such process available to the public. When final confirmation 
     or nonconfirmation is provided, the verification system shall 
     provide an appropriate code indicating such confirmation or 
     nonconfirmation.
       ``(4) Design and operation of system.--The verification 
     system shall be designed and operated--
       ``(A) to maximize its reliability and ease of use by 
     persons and other entities consistent with insulating and 
     protecting the privacy and security of the underlying 
     information;
       ``(B) to respond to all inquiries made by such persons and 
     entities on whether individuals are authorized to be employed 
     and to register all times when such inquiries are not 
     received;
       ``(C) with appropriate administrative, technical, and 
     physical safeguards to prevent unauthorized disclosure of 
     personal information;
       ``(D) to have reasonable safeguards against the system's 
     resulting in unlawful discriminatory practices based on 
     national origin or citizenship status, including--
       ``(i) the selective or unauthorized use of the system to 
     verify eligibility; or
       ``(ii) the exclusion of certain individuals from 
     consideration for employment as a result of a perceived 
     likelihood that additional verification will be required, 
     beyond what is required for most job applicants;
       ``(E) to maximize the prevention of identity theft use in 
     the system; and
       ``(F) to limit the subjects of verification to the 
     following individuals:
       ``(i) Individuals hired, referred, or recruited, in 
     accordance with paragraph (1) or (4) of subsection (b).
       ``(ii) Employees and prospective employees, in accordance 
     with paragraph (1), (2), (3), or (4) of subsection (b).
       ``(iii) Individuals seeking to confirm their own employment 
     eligibility on a voluntary basis.
       ``(5) Responsibilities of commissioner of social 
     security.--As part of the verification system, the 
     Commissioner of Social Security, in consultation with the 
     Secretary of Homeland Security (and any designee of the 
     Secretary selected to establish and administer the 
     verification system), shall establish a reliable, secure 
     method, which, within the time periods specified under 
     paragraphs (2) and (3), compares the name and social security 
     account number provided in an inquiry against such 
     information maintained by the Commissioner in order to 
     validate (or not validate) the information provided regarding 
     an individual whose identity and employment eligibility must 
     be confirmed, the correspondence of the name and number, and 
     whether the individual has presented a social security 
     account number that is not valid for employment. The 
     Commissioner shall not disclose or release social security 
     information (other than such confirmation or nonconfirmation) 
     under the verification system except as provided for in this 
     section or section 205(c)(2)(I) of the Social Security Act.
       ``(6) Responsibilities of secretary of homeland security.--
     As part of the verification system, the Secretary of Homeland 
     Security (in consultation with any designee of the Secretary 
     selected to establish and administer the verification 
     system), shall establish a reliable, secure method, which, 
     within the time periods specified under paragraphs (2) and 
     (3), compares the name and alien identification or 
     authorization number (or any other information as determined 
     relevant by the Secretary) which are provided in an inquiry 
     against such information maintained or accessed by the 
     Secretary in order to validate (or not validate) the 
     information provided, the correspondence of the name and 
     number, whether the alien is authorized to be employed in the 
     United States, or to the extent that the Secretary determines 
     to be feasible and appropriate, whether the records available 
     to the Secretary verify the identity or status of a national 
     of the United States.
       ``(7) Updating information.--The Commissioner of Social 
     Security and the Secretary of Homeland Security shall update 
     their information in a manner that promotes the maximum 
     accuracy and shall provide a process for the prompt 
     correction of erroneous information, including instances in 
     which it is brought to their attention in the secondary 
     verification process described in paragraph (3).
       ``(8) Limitation on use of the verification system and any 
     related systems.--
       ``(A) No national identification card.--Nothing in this 
     section shall be construed to authorize, directly or 
     indirectly, the issuance or use of national identification 
     cards or the establishment of a national identification card.
       ``(B) Critical infrastructure.--The Secretary may authorize 
     or direct any person or entity responsible for granting 
     access to, protecting, securing, operating, administering, or 
     regulating part of the critical infrastructure (as defined in 
     section 1016(e) of

[[Page H2214]]

     the Critical Infrastructure Protection Act of 2001 (42 U.S.C. 
     5195c(e))) to use the verification system to the extent the 
     Secretary determines that such use will assist in the 
     protection of the critical infrastructure.
       ``(9) Remedies.--If an individual alleges that the 
     individual would not have been dismissed from a job or would 
     have been hired for a job but for an error of the 
     verification mechanism, the individual may seek compensation 
     only through the mechanism of the Federal Tort Claims Act, 
     and injunctive relief to correct such error. No class action 
     may be brought under this paragraph.''.

     SEC. 803. RECRUITMENT, REFERRAL, AND CONTINUATION OF 
                   EMPLOYMENT.

       (a) Additional Changes to Rules for Recruitment, Referral, 
     and Continuation of Employment.--Section 274A(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1324a(a)) is 
     amended--
       (1) in paragraph (1)(A), by striking ``for a fee'';
       (2) in paragraph (1), by amending subparagraph (B) to read 
     as follows:
       ``(B) to hire, continue to employ, or to recruit or refer 
     for employment in the United States an individual without 
     complying with the requirements of subsection (b).''; and
       (3) in paragraph (2), by striking ``after hiring an alien 
     for employment in accordance with paragraph (1),'' and 
     inserting ``after complying with paragraph (1),''.
       (b) Definition.--Section 274A(h) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(h)), as amended by section 
     801(b) of this title, is further amended by adding at the end 
     the following:
       ``(5) Definition of recruit or refer.--As used in this 
     section, the term `refer' means the act of sending or 
     directing a person who is in the United States or 
     transmitting documentation or information to another, 
     directly or indirectly, with the intent of obtaining 
     employment in the United States for such person. Only persons 
     or entities referring for remuneration (whether on a retainer 
     or contingency basis) are included in the definition, except 
     that union hiring halls that refer union members or nonunion 
     individuals who pay union membership dues are included in the 
     definition whether or not they receive remuneration, as are 
     labor service entities or labor service agencies, whether 
     public, private, for-profit, or nonprofit, that refer, 
     dispatch, or otherwise facilitate the hiring of laborers for 
     any period of time by a third party. As used in this section, 
     the term `recruit' means the act of soliciting a person who 
     is in the United States, directly or indirectly, and 
     referring the person to another with the intent of obtaining 
     employment for that person. Only persons or entities 
     referring for remuneration (whether on a retainer or 
     contingency basis) are included in the definition, except 
     that union hiring halls that refer union members or nonunion 
     individuals who pay union membership dues are included in 
     this definition whether or not they receive remuneration, as 
     are labor service entities or labor service agencies, whether 
     public, private, for-profit, or nonprofit that recruit, 
     dispatch, or otherwise facilitate the hiring of laborers for 
     any period of time by a third party.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 1 year after the date 
     of the enactment of this Act, except that the amendments made 
     by subsection (a) shall take effect 6 months after the date 
     of the enactment of this Act insofar as such amendments 
     relate to continuation of employment.

     SEC. 804. GOOD FAITH DEFENSE.

       Section 274A(a)(3) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(a)(3)) is amended to read as follows:
       ``(3) Good faith defense.--
       ``(A) Defense.--An employer (or person or entity that 
     hires, employs, recruits, or refers (as defined in subsection 
     (h)(5)), or is otherwise obligated to comply with this 
     section) who establishes that it has complied in good faith 
     with the requirements of subsection (b)--
       ``(i) shall not be liable to a job applicant, an employee, 
     the Federal Government, or a State or local government, under 
     Federal, State, or local criminal or civil law for any 
     employment-related action taken with respect to a job 
     applicant or employee in good-faith reliance on information 
     provided through the system established under subsection (d); 
     and
       ``(ii) has established compliance with its obligations 
     under subparagraphs (A) and (B) of paragraph (1) and 
     subsection (b) absent a showing by the Secretary of Homeland 
     Security, by clear and convincing evidence, that the employer 
     had knowledge that an employee is an unauthorized alien.
       ``(B) Mitigation element.--For purposes of subparagraph 
     (A)(i), if an employer proves by a preponderance of the 
     evidence that the employer uses a reasonable, secure, and 
     established technology to authenticate the identity of the 
     new employee, that fact shall be taken into account for 
     purposes of determining good faith use of the system 
     established under subsection (d).
       ``(C) Failure to seek and obtain verification.--Subject to 
     the effective dates and other deadlines applicable under 
     subsection (b), in the case of a person or entity in the 
     United States that hires, or continues to employ, an 
     individual, or recruits or refers an individual for 
     employment, the following requirements apply:
       ``(i) Failure to seek verification.--

       ``(I) In general.--If the person or entity has not made an 
     inquiry, under the mechanism established under subsection (d) 
     and in accordance with the timeframes established under 
     subsection (b), seeking verification of the identity and work 
     eligibility of the individual, the defense under subparagraph 
     (A) shall not be considered to apply with respect to any 
     employment, except as provided in subclause (II).
       ``(II) Special rule for failure of verification 
     mechanism.--If such a person or entity in good faith attempts 
     to make an inquiry in order to qualify for the defense under 
     subparagraph (A) and the verification mechanism has 
     registered that not all inquiries were responded to during 
     the relevant time, the person or entity can make an inquiry 
     until the end of the first subsequent working day in which 
     the verification mechanism registers no nonresponses and 
     qualify for such defense.

       ``(ii) Failure to obtain verification.--If the person or 
     entity has made the inquiry described in clause (i)(I) but 
     has not received an appropriate verification of such identity 
     and work eligibility under such mechanism within the time 
     period specified under subsection (d)(2) after the time the 
     verification inquiry was received, the defense under 
     subparagraph (A) shall not be considered to apply with 
     respect to any employment after the end of such time 
     period.''.

     SEC. 805. PREEMPTION AND STATES' RIGHTS.

       Section 274A(h)(2) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(h)(2)) is amended to read as follows:
       ``(2) Preemption.--
       ``(A) Single, national policy.--The provisions of this 
     section preempt any State or local law, ordinance, policy, or 
     rule, including any criminal or civil fine or penalty 
     structure, insofar as they may now or hereafter relate to the 
     hiring, continued employment, or status verification for 
     employment eligibility purposes, of unauthorized aliens.
       ``(B) State enforcement of federal law.--
       ``(i) Business licensing.--A State, locality, municipality, 
     or political subdivision may exercise its authority over 
     business licensing and similar laws as a penalty for failure 
     to use the verification system described in subsection (d) to 
     verify employment eligibility when and as required under 
     subsection (b).
       ``(ii) General rules.--A State, at its own cost, may 
     enforce the provisions of this section, but only insofar as 
     such State follows the Federal regulations implementing this 
     section, applies the Federal penalty structure set out in 
     this section, and complies with all Federal rules and 
     guidance concerning implementation of this section. Such 
     State may collect any fines assessed under this section. An 
     employer may not be subject to enforcement, including audit 
     and investigation, by both a Federal agency and a State for 
     the same violation under this section. Whichever entity, the 
     Federal agency or the State, is first to initiate the 
     enforcement action, has the right of first refusal to proceed 
     with the enforcement action. The Secretary must provide 
     copies of all guidance, training, and field instructions 
     provided to Federal officials implementing the provisions of 
     this section to each State.''.

     SEC. 806. REPEAL.

       (a) In General.--Subtitle A of title IV of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note) is repealed.
       (b) References.--Any reference in any Federal law, 
     Executive order, rule, regulation, or delegation of 
     authority, or any document of, or pertaining to, the 
     Department of Homeland Security, Department of Justice, or 
     the Social Security Administration, to the employment 
     eligibility confirmation system established under section 404 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note) is deemed to 
     refer to the employment eligibility confirmation system 
     established under section 274A(d) of the Immigration and 
     Nationality Act, as amended by section 802 of this title.
       (c) Effective Date.--This section shall take effect on the 
     date that is 30 months after the date of the enactment of 
     this Act.
       (d) Clerical Amendment.--The table of sections, in section 
     1(d) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996, is amended by striking the items 
     relating to subtitle A of title IV.

     SEC. 807. PENALTIES.

       Section 274A of the Immigration and Nationality Act (8 
     U.S.C. 1324a) is amended--
       (1) in subsection (e)(1)--
       (A) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (B) in subparagraph (D), by striking ``Service'' and 
     inserting ``Department of Homeland Security'';
       (2) in subsection (e)(4)--
       (A) in subparagraph (A), in the matter before clause (i), 
     by inserting ``, subject to paragraph (10),'' after ``in an 
     amount'';
       (B) in subparagraph (A)(i), by striking ``not less than 
     $250 and not more than $2,000'' and inserting ``not less than 
     $2,500 and not more than $5,000'';
       (C) in subparagraph (A)(ii), by striking ``not less than 
     $2,000 and not more than $5,000'' and inserting ``not less 
     than $5,000 and not more than $10,000'';
       (D) in subparagraph (A)(iii), by striking ``not less than 
     $3,000 and not more than $10,000'' and inserting ``not less 
     than $10,000 and not more than $25,000''; and
       (E) by moving the margin of the continuation text following 
     subparagraph (B) two

[[Page H2215]]

     ems to the left and by amending subparagraph (B) to read as 
     follows:
       ``(B) may require the person or entity to take such other 
     remedial action as is appropriate.'';
       (3) in subsection (e)(5)--
       (A) in the paragraph heading, strike ``paperwork'';
       (B) by inserting ``, subject to paragraphs (10) through 
     (12),'' after ``in an amount'';
       (C) by striking ``$100'' and inserting ``$1,000'';
       (D) by striking ``$1,000'' and inserting ``$25,000''; and
       (E) by adding at the end the following: ``Failure by a 
     person or entity to utilize the employment eligibility 
     verification system as required by law, or providing 
     information to the system that the person or entity knows or 
     reasonably believes to be false, shall be treated as a 
     violation of subsection (a)(1)(A).'';
       (4) by adding at the end of subsection (e) the following:
       ``(10) Exemption from penalty for good faith violation.--In 
     the case of imposition of a civil penalty under paragraph 
     (4)(A) with respect to a violation of subsection (a)(1)(A) or 
     (a)(2) for hiring or continuation of employment or 
     recruitment or referral by person or entity and in the case 
     of imposition of a civil penalty under paragraph (5) for a 
     violation of subsection (a)(1)(B) for hiring or recruitment 
     or referral by a person or entity, the penalty otherwise 
     imposed may be waived or reduced if the violator establishes 
     that the violator acted in good faith.
       ``(11) Mitigation element.--For purposes of paragraph (4), 
     the size of the business shall be taken into account when 
     assessing the level of civil money penalty.
       ``(12) Authority to debar employers for certain 
     violations.--
       ``(A) In general.--If a person or entity is determined by 
     the Secretary of Homeland Security to be a repeat violator of 
     paragraph (1)(A) or (2) of subsection (a), or is convicted of 
     a crime under this section, such person or entity may be 
     considered for debarment from the receipt of Federal 
     contracts, grants, or cooperative agreements in accordance 
     with the debarment standards and pursuant to the debarment 
     procedures set forth in the Federal Acquisition Regulation.
       ``(B) Does not have contract, grant, agreement.--If the 
     Secretary of Homeland Security or the Attorney General wishes 
     to have a person or entity considered for debarment in 
     accordance with this paragraph, and such a person or entity 
     does not hold a Federal contract, grant, or cooperative 
     agreement, the Secretary or Attorney General shall refer the 
     matter to the Administrator of General Services to determine 
     whether to list the person or entity on the List of Parties 
     Excluded from Federal Procurement, and if so, for what 
     duration and under what scope.
       ``(C) Has contract, grant, agreement.--If the Secretary of 
     Homeland Security or the Attorney General wishes to have a 
     person or entity considered for debarment in accordance with 
     this paragraph, and such person or entity holds a Federal 
     contract, grant, or cooperative agreement, the Secretary or 
     Attorney General shall advise all agencies or departments 
     holding a contract, grant, or cooperative agreement with the 
     person or entity of the Government's interest in having the 
     person or entity considered for debarment, and after 
     soliciting and considering the views of all such agencies and 
     departments, the Secretary or Attorney General may refer the 
     matter to any appropriate lead agency to determine whether to 
     list the person or entity on the List of Parties Excluded 
     from Federal Procurement, and if so, for what duration and 
     under what scope.
       ``(D) Review.--Any decision to debar a person or entity in 
     accordance with this paragraph shall be reviewable pursuant 
     to part 9.4 of the Federal Acquisition Regulation.
       ``(13) Office for state and local government complaints.--
     The Secretary of Homeland Security shall establish an 
     office--
       ``(A) to which State and local government agencies may 
     submit information indicating potential violations of 
     subsection (a), (b), or (g)(1) that were generated in the 
     normal course of law enforcement or the normal course of 
     other official activities in the State or locality;
       ``(B) that is required to indicate to the complaining State 
     or local agency within five business days of the filing of 
     such a complaint by identifying whether the Secretary will 
     further investigate the information provided;
       ``(C) that is required to investigate those complaints 
     filed by State or local government agencies that, on their 
     face, have a substantial probability of validity;
       ``(D) that is required to notify the complaining State or 
     local agency of the results of any such investigation 
     conducted; and
       ``(E) that is required to report to the Congress annually 
     the number of complaints received under this paragraph, the 
     States and localities that filed such complaints, and the 
     resolution of the complaints investigated by the 
     Secretary.''; and
       (5) by amending paragraph (1) of subsection (f) to read as 
     follows:
       ``(1) Criminal penalty.--Any person or entity which engages 
     in a pattern or practice of violations of subsection (a) (1) 
     or (2) shall be fined not more than $5,000 for each 
     unauthorized alien with respect to which such a violation 
     occurs, imprisoned for not more than 18 months, or both, 
     notwithstanding the provisions of any other Federal law 
     relating to fine levels.''.

     SEC. 808. FRAUD AND MISUSE OF DOCUMENTS.

       Section 1546(b) of title 18, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``identification 
     document,'' and inserting ``identification document or 
     document meant to establish work authorization (including the 
     documents described in section 274A(b) of the Immigration and 
     Nationality Act),''; and
       (2) in paragraph (2), by striking ``identification 
     document'' and inserting ``identification document or 
     document meant to establish work authorization (including the 
     documents described in section 274A(b) of the Immigration and 
     Nationality Act),''.

     SEC. 809. PROTECTION OF SOCIAL SECURITY ADMINISTRATION 
                   PROGRAMS.

       (a) Funding Under Agreement.--Effective for fiscal years 
     beginning on or after October 1, 2023, the Commissioner of 
     Social Security and the Secretary of Homeland Security shall 
     enter into and maintain an agreement which shall--
       (1) provide funds to the Commissioner for the full costs of 
     the responsibilities of the Commissioner under section 
     274A(d) of the Immigration and Nationality Act (8 U.S.C. 
     1324a(d)), as amended by section 802 of this title, 
     including--
       (A) acquiring, installing, and maintaining technological 
     equipment and systems necessary for the fulfillment of the 
     responsibilities of the Commissioner under such section 
     274A(d), but only that portion of such costs that are 
     attributable exclusively to such responsibilities; and
       (B) responding to individuals who contest a tentative 
     nonconfirmation provided by the employment eligibility 
     verification system established under such section;
       (2) provide such funds annually in advance of the 
     applicable quarter based on estimating methodology agreed to 
     by the Commissioner and the Secretary (except in such 
     instances where the delayed enactment of an annual 
     appropriation may preclude such quarterly payments); and
       (3) require an annual accounting and reconciliation of the 
     actual costs incurred and the funds provided under the 
     agreement, which shall be reviewed by the Inspectors General 
     of the Social Security Administration and the Department of 
     Homeland Security.
       (b) Continuation of Employment Verification in Absence of 
     Timely Agreement.--In any case in which the agreement 
     required under subsection (a) for any fiscal year beginning 
     on or after October 1, 2023, has not been reached as of 
     October 1 of such fiscal year, the latest agreement between 
     the Commissioner and the Secretary of Homeland Security 
     providing for funding to cover the costs of the 
     responsibilities of the Commissioner under section 274A(d) of 
     the Immigration and Nationality Act (8 U.S.C. 1324a(d)) shall 
     be deemed in effect on an interim basis for such fiscal year 
     until such time as an agreement required under subsection (a) 
     is subsequently reached, except that the terms of such 
     interim agreement shall be modified by the Director of the 
     Office of Management and Budget to adjust for inflation and 
     any increase or decrease in the volume of requests under the 
     employment eligibility verification system. In any case in 
     which an interim agreement applies for any fiscal year under 
     this subsection, the Commissioner and the Secretary shall, 
     not later than October 1 of such fiscal year, notify the 
     Committee on Ways and Means, the Committee on the Judiciary, 
     and the Committee on Appropriations of the House of 
     Representatives and the Committee on Finance, the Committee 
     on the Judiciary, and the Committee on Appropriations of the 
     Senate of the failure to reach the agreement required under 
     subsection (a) for such fiscal year. Until such time as the 
     agreement required under subsection (a) has been reached for 
     such fiscal year, the Commissioner and the Secretary shall, 
     not later than the end of each 90-day period after October 1 
     of such fiscal year, notify such Committees of the status of 
     negotiations between the Commissioner and the Secretary in 
     order to reach such an agreement.

     SEC. 810. FRAUD PREVENTION.

       (a) Blocking Misused Social Security Account Numbers.--The 
     Secretary of Homeland Security, in consultation with the 
     Commissioner of Social Security, shall establish a program in 
     which social security account numbers that have been 
     identified to be subject to unusual multiple use in the 
     employment eligibility verification system established under 
     section 274A(d) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(d)), as amended by section 802 of this title, or 
     that are otherwise suspected or determined to have been 
     compromised by identity fraud or other misuse, shall be 
     blocked from use for such system purposes unless the 
     individual using such number is able to establish, through 
     secure and fair additional security procedures, that the 
     individual is the legitimate holder of the number.
       (b) Allowing Suspension of Use of Certain Social Security 
     Account Numbers.--The Secretary of Homeland Security, in 
     consultation with the Commissioner of Social Security, shall 
     establish a program which shall provide a reliable, secure 
     method by which victims of identity fraud and other 
     individuals may suspend or limit the use of their social 
     security account number or other identifying information for 
     purposes of the employment eligibility verification system 
     established under section 274A(d) of the Immigration and 
     Nationality Act (8 U.S.C.

[[Page H2216]]

     1324a(d)), as amended by section 802 of this title. The 
     Secretary may implement the program on a limited pilot 
     program basis before making it fully available to all 
     individuals.
       (c) Allowing Parents To Prevent Theft of Their Child's 
     Identity.--The Secretary of Homeland Security, in 
     consultation with the Commissioner of Social Security, shall 
     establish a program which shall provide a reliable, secure 
     method by which parents or legal guardians may suspend or 
     limit the use of the social security account number or other 
     identifying information of a minor under their care for the 
     purposes of the employment eligibility verification system 
     established under 274A(d) of the Immigration and Nationality 
     Act (8 U.S.C. 1324a(d)), as amended by section 802 of this 
     title. The Secretary may implement the program on a limited 
     pilot program basis before making it fully available to all 
     individuals.

     SEC. 811. USE OF EMPLOYMENT ELIGIBILITY VERIFICATION PHOTO 
                   TOOL.

       An employer who uses the photo matching tool used as part 
     of the E-Verify System shall match the photo tool photograph 
     to both the photograph on the identity or employment 
     eligibility document provided by the employee and to the face 
     of the employee submitting the document for employment 
     verification purposes.

     SEC. 812. IDENTITY AUTHENTICATION EMPLOYMENT ELIGIBILITY 
                   VERIFICATION PILOT PROGRAMS.

       Not later than 24 months after the date of the enactment of 
     this Act, the Secretary of Homeland Security, after 
     consultation with the Commissioner of Social Security and the 
     Director of the National Institute of Standards and 
     Technology, shall establish by regulation not less than 2 
     Identity Authentication Employment Eligibility Verification 
     pilot programs, each using a separate and distinct technology 
     (the ``Authentication Pilots''). The purpose of the 
     Authentication Pilots shall be to provide for identity 
     authentication and employment eligibility verification with 
     respect to enrolled new employees which shall be available to 
     any employer that elects to participate in either of the 
     Authentication Pilots. Any participating employer may cancel 
     the employer's participation in the Authentication Pilot 
     after one year after electing to participate without 
     prejudice to future participation. The Secretary shall report 
     to the Committee on the Judiciary of the House of 
     Representatives and the Committee on the Judiciary of the 
     Senate the Secretary's findings on the Authentication Pilots, 
     including the authentication technologies chosen, not later 
     than 12 months after commencement of the Authentication 
     Pilots.

     SEC. 813. INSPECTOR GENERAL AUDITS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Inspector General of the 
     Social Security Administration shall complete audits of the 
     following categories in order to uncover evidence of 
     individuals who are not authorized to work in the United 
     States:
       (1) Workers who dispute wages reported on their social 
     security account number when they believe someone else has 
     used such number and name to report wages.
       (2) Children's social security account numbers used for 
     work purposes.
       (3) Employers whose workers present significant numbers of 
     mismatched social security account numbers or names for wage 
     reporting.
       (b) Submission.--The Inspector General of the Social 
     Security Administration shall submit the audits completed 
     under subsection (a) to the Committee on Ways and Means of 
     the House of Representatives and the Committee on Finance of 
     the Senate for review of the evidence of individuals who are 
     not authorized to work in the United States. The Chairmen of 
     those Committees shall then determine information to be 
     shared with the Secretary of Homeland Security so that such 
     Secretary can investigate the unauthorized employment 
     demonstrated by such evidence.

     SEC. 814. AGRICULTURE WORKFORCE STUDY.

       Not later than 36 months after the date of the enactment of 
     this Act, the Secretary of the Department of Homeland 
     Security, in consultation with the Secretary of the 
     Department of Agriculture, shall submit to the Committee on 
     the Judiciary of the House of Representatives and the 
     Committee on the Judiciary of the Senate, a report that 
     includes the following:
       (1) The number of individuals in the agricultural 
     workforce.
       (2) The number of United States citizens in the 
     agricultural workforce.
       (3) The number of aliens in the agricultural workforce who 
     are authorized to work in the United States.
       (4) The number of aliens in the agricultural workforce who 
     are not authorized to work in the United States.
       (5) Wage growth in each of the previous ten years, 
     disaggregated by agricultural sector.
       (6) The percentage of total agricultural industry costs 
     represented by agricultural labor during each of the last ten 
     years.
       (7) The percentage of agricultural costs invested in 
     mechanization during each of the last ten years.
       (8) Recommendations, other than a path to legal status for 
     aliens not authorized to work in the United States, for 
     ensuring United States agricultural employers have a 
     workforce sufficient to cover industry needs, including 
     recommendations to--
       (A) increase investments in mechanization;
       (B) increase the domestic workforce; and
       (C) reform the H-2A program.

     SEC. 815. SENSE OF CONGRESS ON FURTHER IMPLEMENTATION.

       It is the sense of Congress that in implementing the E-
     Verify Program, the Secretary of Homeland Security shall 
     ensure any adverse impact on the Nation's agricultural 
     workforce, operations, and food security are considered and 
     addressed.

     SEC. 816. REPEALING REGULATIONS.

       The rules relating to ``Temporary Agricultural Employment 
     of H-2A Nonimmigrants in the United States'' (87 Fed. Reg. 
     61660 (Oct. 12, 2022)) and to ``Adverse Effect Wage Rate 
     Methodology for the Temporary Employment of H-2A 
     Nonimmigrants in Non-Range Occupations in the United States'' 
     (88 Fed. Reg. 12760 (Feb. 28, 2023)) shall have no force or 
     effect, may not be reissued in substantially the same form, 
     and any new rules that are substantially the same as such 
     rules may not be issued.

  The SPEAKER pro tempore. The bill, as amended, shall be debatable for 
5 hours, with 2 hours equally divided and controlled by the chair and 
ranking minority member of the Committee on Homeland Security, or their 
respective designees, 2 hours equally divided and controlled by the 
chair and ranking minority member of the Committee on the Judiciary, or 
their respective designees, and 1 hour equally divided and controlled 
by the chair and ranking minority member of the Committee on Foreign 
Affairs, or their respective designees.
  The gentleman from Tennessee (Mr. Green), the gentleman from 
Mississippi (Mr. Thompson), the gentleman from Ohio (Mr. Jordan), and 
the gentleman from New York (Mr. Nadler) each will control 60 minutes. 
The gentleman from Texas (Mr. McCaul) and the gentleman from New York 
(Mr. Meeks) each will control 30 minutes.
  The Chair recognizes the gentleman from Tennessee (Mr. Green).


                             General Leave

  Mr. GREEN of Tennessee. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and to include extraneous material on H.R. 2.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?
  There was no objection.
  Mr. GREEN of Tennessee. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise in strong support of H.R. 2, the Secure the 
Border Act of 2023.
  Last year, Republicans made a commitment to America to secure our 
borders, protect our Nation, and safeguard our communities. Today, 
House Republicans are delivering on that promise.
  No matter where you sit on the political spectrum, it is undeniable 
that we are in the midst of a severe border crisis. In just over 2 
years, President Biden and Secretary Mayorkas have intentionally turned 
our Nation's border into a place of chaos and devastation, one 
controlled by the drug cartels.
  The administration's refusal to enforce the law or implement 
effective policies to secure the border has led us to this point, 
completely dismantling any semblance of law and order. Over the past 
several months, the members of the Committee on Homeland Security have 
been hard at work crafting a solution to address the administration's 
self-inflicted crisis at our borders.
  With input from our colleagues across the Republican Conference, as 
well as Border Patrol agents, victims of illegal alien crime and the 
drug crisis, small business owners, State and local law enforcement, 
and farmers and ranchers, the committee has taken the time to fully 
understand Secretary Mayorkas' record-breaking humanitarian crisis.
  These are the everyday Americans bearing the brunt of this crisis who 
are all too often overlooked by the media and the DC beltway. The 
numbers that they, and now all Americans, are facing are staggering:
  More than 5 million encounters at the southwest border since 
President Biden took office;
  Over 1.4 million known got-aways since February 2021;
  193 aliens on the terrorist watch list encountered along the 
southwest border trying to enter the country between ports of entry 
from fiscal year 2021 to fiscal year 2023;
  Over 14,000 pounds of fentanyl seized in fiscal year 2023, enough to 
kill the entire U.S. population nine and a half times;

[[Page H2217]]

  Over 61,000 criminal aliens arrested by CBP attempting to cross the 
U.S. borders since the beginning of FY 2021.
  And just as we think it can't get any worse, tomorrow marks the end 
of the only tool that Customs and Border Protection has left under this 
administration, title 42.
  As we have approached the end of title 42 the past few days, CBP has 
been reporting an even greater increase in the number of alien 
encounters and got-aways, which are already off the charts.
  Whether my colleagues on the other side want to admit it or not, Mr. 
Biden and Mr. Mayorkas' border crisis has turned every State into a 
border State, and the American people have had enough.
  From a record number of fentanyl deaths to rising crime, it is the 
families and communities across America that are left to pay the price 
of this administration's open borders and antisecurity policies.
  These policies are enriching and emboldening transnational criminal 
organizations who have increasingly threatened the safety and security 
of all Americans.
  However, we are here with a solution.
  Thanks to the hard work of many members across multiple committees, 
H.R. 2 requires the administration to secure the border, enforce the 
law, and reduce illegal immigration, once again.
  Specifically, division A of the bill addresses the immediate impact 
of the border crisis by focusing on mitigating and stopping the surge 
of illegal border crossers and illicit drugs that are flowing across 
our borders between ports of entry.
  Over 30 years ago, the United States Government began building the 
border barrier system. We have heard from frontline agents on the 
ground that an effective border barrier system is a proven critical 
component in deterring and discouraging illegal activity. That is why 
H.R. 2 directs the Secretary of Homeland Security to immediately resume 
construction of the border wall.
  The bill requires at least 900 miles of wall to be built, using the 
materials that American taxpayers have already paid for, but that under 
President Biden are laying unused and left to deteriorate in the 
desert.
  This bill makes targeted investments in border technology that not 
only supplements the border wall system, but also integrates new, 
advanced, and improved technologies into Border Patrol operations that 
will prioritize frontline personnel safety and the detection of illicit 
activity.
  We know that Border Patrol agents are leaving at a faster rate than 
the CBP Commissioner can hire them. Under the Biden administration, 
Border Patrol agents are stretched thin, both physically and mentally. 
They are overwhelmed and overworked.
  Customs and Border Protection agents are leaving before reaching 
their retirement eligibility because of poor working conditions and low 
morale due to a horrendous lack of support from the Biden 
administration and the inability to do what they signed up to do--
enforce the law.

                              {time}  1830

  During the committee's field hearing on March 15, Border Patrol Chief 
Raul Ortiz testified that he needs approximately 22,000 agents to 
achieve Border Patrol's mission. H.R. 2 mandates CBP expand their force 
by over 3,000 agents to reach that total of 22,000 agents.
  The bill also aims to return agents back to their law enforcement 
duties in the field by ensuring they are not responsible for serving as 
processing coordinators, something that the Biden administration is 
forcing highly trained law enforcement agents to do.
  The bill addresses the retention challenges that Border Patrol is 
facing by providing qualified agents with a retention bonus. They need 
to know that all of us in Congress have their back and appreciate their 
sacrifice.
  The Department of Homeland Security has made very blatant attempts to 
bury the release of its monthly border statistics or withhold certain 
information from the public. That is why H.R. 2 requires DHS to 
publicly disclose all monthly data, including known got-aways and known 
or suspected terrorists, before the seventh day of each month.
  Congress will not tolerate this administration's lack of transparency 
to the American people, who deserve to know who and what is coming into 
our country.
  To further enhance border security measures, this bill increases 
support for Operation Stonegarden, a grant program that provides funds 
to State, local, and Tribal law enforcement agencies that are forced to 
deal directly with the crisis, given the administration's complete 
dereliction of duty.
  Under H.R. 2, Operation Stonegarden grants will be increased to $110 
million per year, and we know this support can't come soon enough for 
our State and local law enforcement.
  Mr. Speaker, I urge my colleagues to support H.R. 2, and I reserve 
the balance of my time.
                                          House of Representatives


                                Committee on Homeland Security

                                      Washington, DC, May 4, 2023.
     Hon. Jason Smith,
     Chairman, Committee on Ways and Means,
     House of Representatives, Washington, DC.
       Dear Chairman Smith: I write regarding H.R. 2794, the 
     ``Border Reinforcement Act of 2023,'' of which the Committee 
     on Ways and Means received an additional referral. I 
     appreciate your support in bringing this legislation before 
     the House of Representatives, and that the Committee on Ways 
     and Means will forego further consideration of the bill.
       The Committee on Homeland Security concurs with the mutual 
     understanding that by foregoing consideration of this bill at 
     this time, the Committee on Ways and Means does not waive 
     jurisdiction over the subject matter contained in this 
     legislation in the future. In addition, should a conference 
     on this bill be necessary, I would support your request to 
     have the Committee on Ways and Means represented on the 
     conference committee.
       I will include our letters on H.R. 2794 in the Committee 
     report on this measure and in the Congressional Record during 
     floor consideration of this bill. I look forward to working 
     with you on this legislation and appreciate your cooperation 
     on this matter.
           Sincerely,
                                                Mark E. Green, MD,
     Chairman.
                                  ____

                                    U.S. House of Representatives,


                                  Committee on Ways and Means,

                                      Washington, DC, May 4, 2023.
     Hon. Mark Green,
     Chairman, Committee on House Homeland Security, Ford House 
         Office Building, Washington, DC.
       Dear Chairman Green: Thank you for your letter regarding 
     H.R. 2794, the ``Border Reinforcement Act of 2023.'' As you 
     noted, the Committee on Ways and Means was granted an 
     additional referral on this bill. I agree to forego action on 
     this bill so that it may proceed expeditiously to the House 
     floor for consideration.
       The Committee takes this action with our mutual 
     understanding that by foregoing consideration of H.R. 2794 at 
     this time, we do not waive any jurisdiction over subject 
     matter contained in this or similar legislation, and that our 
     Committee will be appropriately consulted and involved as the 
     bill or similar legislation moves forward so that we may 
     address any remaining issues in our jurisdiction. Our 
     Committee also reserves the right to seek appointment of an 
     appropriate number of conferees to any House-Senate 
     conference involving this or similar legislation, and asks 
     that you support any such request.
       Finally, I would ask that a copy of our exchange of letters 
     on this matter be included in the Congressional Record during 
     floor consideration of H.R. 2794.
           Sincerely,

                                                  Jason Smith,

                                                         Chairman,
     Committee on Ways and Means.
                                  ____

                                         House of Representatives,


                                   Committee on the Judiciary,

                                      Washington, DC, May 2, 2023.
     Hon. Mark Green,
     Chairman, Committee on Homeland Security,
     House of Representatives, Washington, DC.
       Dear Chairman Green: I write regarding H.R. 2794, the 
     ``Border Reinforcement Act of 2023.'' Provisions of this bill 
     fall within the Judiciary Committee's Rule X jurisdiction, 
     and I appreciate that you consulted with us on those 
     provisions. The Judiciary Committee agrees that it shall be 
     discharged from further consideration of the bill so that it 
     may proceed expeditiously to the House floor.
       The Committee takes this action with the understanding that 
     forgoing further consideration of this measure does not in 
     any way alter the Committee's jurisdiction or waive any 
     future jurisdictional claim over these provisions or their 
     subject matter. We also reserve the right to seek appointment 
     of an appropriate number of conferees in the event of a 
     conference with the Senate involving this measure or similar 
     legislation.
       I ask that you please include this letter in your 
     committee's report to accompany this legislation or insert 
     this letter in the Congressional Record during consideration 
     of H.R. 2794 on the House floor. I appreciate the cooperative 
     manner in which our committees have worked on this matter, 
     and I look

[[Page H2218]]

     forward to working collaboratively in the future on matters 
     of shared jurisdiction. Thank you for your attention to this 
     matter.
           Sincerely,
                                                       Jim Jordan,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                                      Washington, DC, May 3, 2023.
     Hon. Jim Jordan,
     Chairman, Committee on the Judiciary,
     House of Representatives, Washington, DC.
       Dear Chairman Jordan: Thank you for your letter regarding 
     H.R. 2794, the ``Border Reinforcement Act of 2023.'' I 
     appreciate your support in bringing this legislation before 
     the House of Representatives, and that the Committee on the 
     Judiciary will forego further consideration of the bill.
       The Committee on Homeland Security concurs with the mutual 
     understanding that by foregoing consideration of this bill at 
     this time, the Committee on Judiciary does not waive 
     jurisdiction over the subject matter contained in this 
     legislation in the future. In addition, should a conference 
     on this bill be necessary, I would support your request to 
     have the Committee on the Judiciary represented on the 
     conference committee.
       I will include our letters on H.R. 2794 in the Committee 
     report on this measure and in the Congressional Record during 
     floor consideration of this bill. I look forward to working 
     with you on this legislation and appreciate your cooperation 
     on this matter.
           Sincerely,
                                                Mark E. Green, MD,
                                                         Chairman.

  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, I rise today in strong opposition to the child 
deportation act. This cruel, inhumane, and unworkable bill was written 
in an extreme MAGA Republican echo chamber.
  Considering H.R. 2 today under a closed rule is a cynical move on the 
part of Republicans to exploit the operational challenges associated 
with the lifting of title 42 public health restrictions.
  Republicans have a short memory. Just in February, they voted to lift 
title 42 when they voted to lift the COVID-19 health emergency. It sets 
Customs and Border Protection up for failure by shifting all processing 
to ports of entry without providing any additional resources.
  To make matters worse, it would bar CBP from leveraging technology to 
process migrants in an orderly way. H.R. 2 doesn't fund a single new 
officer at our ports of entry, where more than 90 percent of fentanyl 
is interdicted.
  In committee, we tried to get an additional 1,700 officers to build 
greater capacity, but Republicans refused to do it.
  Furthermore, this xenophobic bill would strip DHS funding from any 
community or religious organization that helps migrants. The language 
is so broad that an organization that places water in a remote area of 
the desert or provides a pregnant mother with a safe place to sleep 
would be ineligible for DHS funding. It is so broad that they may be 
refused homeland security grants to help protect their facilities.
  Denying assistance to nonprofits is just plain shameful, particularly 
after what we saw in Brownsville this past weekend. There is reporting 
that a man who rammed his SUV into a crowd outside a migrant shelter, 
killing 8 and injuring at least 10 others, was fueled by invasion and 
alien rhetoric. My heart goes out to everyone hurt by this senseless 
act of violence.
  The language in this bill is so far-reaching that it would force the 
American Red Cross to verify every person's immigration status before 
providing lifesaving services. Can you imagine if they had to say, 
``Show your papers,'' before evacuating people? That is just inhumane.
  Get this: H.R. 2 is so broadly written that it would actually impede 
detention and deportation.
  Mr. Speaker, FOX News viewers who support deporting migrants should 
take a look at section 115(c) in division A. If enacted, it would 
prohibit DHS from contracting with any nongovernmental organization to 
transport or shelter ``inadmissible aliens.''
  This language would prevent ICE from contracting with private 
companies to facilitate deportation or provide detention space because 
these companies are nongovernmental organizations. Yes, you heard that 
right. This bill is so poorly written that it could actually prevent 
ICE from deporting people.
  Over the next 2 hours, Democrats will discuss many other problematic 
provisions of this extreme MAGA bill that Republicans cobbled together 
and that we learned yesterday would blow a $6.1 billion hole in the 
budget.
  Mr. Speaker, I urge my colleagues to vote ``no'' on this child 
deportation act, and I reserve the balance of my time.
  Mr. GREEN of Tennessee. Mr. Speaker, I yield 2 minutes to the 
gentleman from Louisiana (Mr. Higgins).
  Mr. HIGGINS of Louisiana. Mr. Speaker, my, my, my. My colleagues 
across the aisle say we have a short memory. We don't have a short 
memory. This has seemed like an eternity over the last 2 years. We had 
no idea, as a nation, that this much injury could be brought upon our 
country in this short period of time.
  H.R. 2 is the strongest border security package that has ever been 
brought to the floor in this body. Why has the majority party, the 
Republicans that were elected to power by the American people last 
year, drafted this bill over the course of the last year carefully and 
strategically? Because we are responding to the total collapse of our 
sovereignty at the southern border brought upon America by my 
colleagues across the aisle.
  If you want more of what you see on the TV today, then by all means 
America can support my Democratic colleagues and their policies because 
those are the policies that have brought this disaster upon our Nation. 
H.R. 2 addresses it aggressively.
  Our southern border is no longer a sovereign border wherein America 
controls the northern portion and Mexico controls the southern. It is 
now a theater of engagement controlled by the cartels. H.R. 2 corrects 
it.
  Mr. Speaker, I urge my colleagues on both sides of the aisle to stand 
in support of H.R. 2 because it addresses aggressively the injury that 
our Nation suffers brought upon us by weak, disastrous policies out of 
the Democratic executive branch, the White House, and Democratic 
majority control for the last 4 years.
  Mr. Speaker, I urge strong support of H.R. 2.
  Mr. THOMPSON of Mississippi. Mr. Speaker, the extreme MAGA Republican 
default on America act, which the last speaker voted for, would result 
in an across-the-board cut of 22 percent for the Department of Homeland 
Security, which would undermine border security.
  Mr. Speaker, I yield 3 minutes to the gentlewoman from Texas (Ms. 
Jackson Lee).
  Ms. JACKSON LEE. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, this bears an important, absolute, and imperative 
necessity of a little walk down memory lane. In actuality, the American 
people really want to uphold her values, the values that they have come 
to understand as a core of who we are.
  The Homeland Security Committee traditionally, as the chairman and I 
have seen over the years, worked in a bipartisan manner. A little 
history is that just more than a decade ago, there was a bipartisan, 
comprehensive immigration bill led by the late John McCain.
  Unfortunately, interestingly enough, the Senate moved, and the House 
simply imploded that dream, the dream that those who came to this 
country without anything and did not know they had come wrongly, if 
you will, young people, could be DACA recipients and ultimately work 
their way toward citizenship.

  It was an effective asylum process, and we argued vigorously for 
legal immigration. People dutifully got in line, but consistently, as 
we refused to build on the comprehensive immigration structure, even 
though Democrats supported heavily enhancing the border--my bill some 
years ago provided enormous new equipment and technology.
  One of our colleagues even explained, by the way, this new border 
wall that everyone wants to talk about is not a border wall because it 
is indented onto U.S. soil. Once you get over the wall, you are already 
eligible to apply for asylum.
  Most of the people who come, come through legal points of entry, so 
why the cruelty of this bill?
  I can be for legal immigration, and I can be for securing this 
Nation, and I don't have to take a sledgehammer and bloody the very 
fabric of this Nation.
  It is interesting that we offered 43 Democratic amendments. None were 
accepted.

[[Page H2219]]

  Is there something wrong with body cameras for our officers at the 
border? Not accepted.
  Is there something wrong with refusing to separate 9-month-olds and 
5-year-olds from their families, family unification, committing to not 
separating families? Is that something wrong?
  I work with NGOs. I am in Texas. I am in Houston. We are getting some 
of those migrants in Houston, and there will be an NGO that will be 
dealing with individuals who are not statused.
  What you want to have happen, as is happening in El Paso because of 
the overwhelming, is that you want no resources, people on the street, 
and, I am so sad and ashamed to say, the loss of individuals in 
Brownsville in what seemed to be a murderous rage. We cannot do this.
  Mr. Speaker, I urge Republicans who support detaining and deporting 
more migrants to take a look at section 115(c) in division A.
  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 from Texas.
  Ms. JACKSON LEE. Mr. Speaker, if enacted, it would prohibit DHS from 
contracting with any nongovernmental organization to transport or 
shelter ``inadmissible aliens.''
  What is that? This language would prevent ICE from being able to 
contract with private companies that facilitate deportation or provide 
detention space because they are nongovernmental organizations.
  Ironically, it seems that this child deportation act may actually 
undermine our friends on the other side's MAGA deportation agenda.
  Why are we not more committed, Mr. Speaker, to coming together around 
the ideals of the Statue of Liberty? Bring us your forlorn, your worn, 
your desperate.
  Yes, they are coming in droves, but the President has a plan. There 
will be more interaction with Guatemala. There will be processes in 
Mexico. There will be more officers at the border for those who are 
seeking asylum.
  Why should we reject that? Why don't we come and find a way to stand 
up the infrastructure because a border wall that is $45 million per 
mile is not going to be the only solution.
  Mr. Speaker, I ask my colleagues to take this bill off the floor, go 
back to the drawing board, work with those of us in the Homeland 
Security Committee, with all the amendments we offered, and make a 
reasonable difference in the lives of Americans.
  Mr. Speaker, might I put back on the table, because they are all in 
my office all the time, that the DACA recipients need a response. They 
are paramedics, doctors, lawyers, teachers. How dare we ignore the 
talent that is here that wants to be patriotic Americans.
  I only ask for mercy. Take the bill back. Help our children. Make a 
difference. Honor the Statue of Liberty and protect the national border 
of this United States of America. We can do it, and it is not being 
done either by Texas or by the United States of America. We want to do 
it. The people in Houston want to be humanitarian, and they want to be 
safe.
  Mr. Speaker, I am here today to reassert my opposition to H.R. 2--
Secure the Border Act of 2023.
  I along with my colleagues have attempted to address many of the ills 
these bills purport by offering common sense amendments that 
Republicans have continued to refuse any meaningful consideration.
  I would like to highlight some of my amendments that were offered in 
both the Judiciary Committee Markup and the Homeland Security Committee 
Markup for H.R. 2.
  In addressing, H.R. 2, the Secure the Border Act of 2023, we need the 
American people to understand that this is an unfortunate patchwork of 
extreme anti-immigrant proposals that would only add to more chaos at 
the border.
  It includes a variety of illogical measures that would shut down the 
U.S. asylum system and target families and children for the cruelest 
forms of treatment.
  One measure would make overstaying a visa a crime--for the first time 
in our history.
  I offered amendments to H.R. 2 along with many of my Democratic 
Colleagues both during Homeland Security Committee markup and for 
consideration by the House Rules Committee for inclusion for 
consideration during the of this bill--but all Democratic amendments 
were rejected by the Republican majority.
  As a senior member of the House Committees on Homeland Security and 
Judiciary I have a well-established public record for working to 
address our Nation's most pressing immigration issues through sound 
government policies.
  Immigration is not a criminal matter but categorized as a civil claim 
because seeking to travel, requesting refugee status, or attempting to 
make a better life in another country should not result in criminal 
prosecution.
  There are nations who do seek to punish U.S. citizens who are 
traveling abroad through criminal prosecution with tragic consequences.
  I have worked on the issue of unlawfully detained U.S. citizens who 
are held in other countries for a host of reasons that come down to the 
politics of a country and not due to a defendable immigration policy.
  The conduct of the previous Administration in the forced separation 
of I offered would have added a mens rea requirement such that to be 
criminally liable, a person must knowingly and willingly overstay their 
visa.
  It is important to remember that an individual can make an honest 
mistake about when they need to depart the country, be physically 
incapable of departing the country, or unable to return because of 
circumstances beyond their control in their home country.
  Yet this bill has no exceptions or flexibility when it comes to 
overstaying a nonimmigrant visa. It is also important to remember that 
if a person overstays their visa, they are already subject to removal. 
The addition of a criminal penalty is both cruel and unnecessary.
  Our immigration system needs reforms, and we are absolutely 
interested in bold new ideas to fix it, but this is not one of them.
  My first amendment for H.R. 2, was offered to require U.S. Customs 
and Border Protection (CBP) and U.S. Immigration and Customs 
Enforcement (ICE) to provide Congress with a plan for implementing--
within one year--the use of body-worn cameras by its agents and 
officers who are engaged in border security or immigration enforcement 
activities. Any implementation of a plan for body-worn cameras would 
require additional congressional action.
  Both CBP and ICE have already begun deploying body-worn cameras to 
their frontline officers and agents to provide greater transparency 
into interactions with the public.
  In the event there are allegations of excessive force or other 
misconduct by an officer or agent, footage from body-worn cameras can 
enhance the agencies' ability to investigate.
  Several studies on the effectiveness of body-worn cameras have found 
that police officers wearing cameras generate significantly fewer 
complaints and ``use of force'' reports relative to officers without 
cameras.
  And savings from reduced complaints against officers, and the reduced 
time required to resolve such complaints, can result in substantial 
cost savings.
  It is troubling that the underlying bill seems to seek cost savings 
at the expense of ensuring orderly and fair processing of asylum 
seekers; It would make more sense to save money by investigating 
complaints more quickly and preventing misconduct in the first place.
  My second amendment for H.R. 2, was offered to clarify that the 
official policy of the United States as implemented by the agencies of 
the Department of Homeland Security shall be to keep families together 
and not remove children from parents or responsible adults unless the 
safety or welfare of the child is at risk.
  The official policy of the Trump Administration was to separate 
children from their parents. No child--no matter where they are born--
should be separated from their family, particularly after surviving the 
harrowing journey to the U.S. border.
  My amendment was offered to stand firm in our principles that should 
bar CBP from separating children from their families unless there is 
evidence that the child is being trafficked. It further directs the 
DHS, in coordination with the State Department and HHS and the Attorney 
General to provide quarterly reports to Congress on the status of 
efforts to reunify migrant families and prevent future family 
separations.
  Never again should we allow families to be ripped apart.
  These are common-sense amendments that have been repeatedly 
disregarded by my colleagues across the aisle who have instead chosen 
to put forward legislative attacks on our most vulnerable populations. 
Border security can be done in Bipartisan solutions.
  It is time we stop the negativity and counterproductive efforts that 
are ripping apart our country, and to instead focus on coming together 
to work towards sensible and effective solutions that can work for the 
betterment and growth of our country and the security at the southern 
and northern border.
  I urge my colleagues to vote no on this wrong minded legislation.


                Section 115(c)--Deportation & Detention

  Mr. Speaker, I urge Republicans who support detaining and deporting 
more migrants to take a look at section 115(c) in Division A.

[[Page H2220]]

  If enacted, it would prohibit DHS from contracting with any 
``nongovernmental organization'' to transport or shelter QUOTE 
``inadmissible aliens'' UNQUOTE.
  This language would prevent ICE from being able to contract with 
private companies that facilitate deportations or provide detention 
space because they are nongovernmental organizations.
  Ironically, it seems that the ``Child Deportation Act'' may actually 
undermine the extreme MAGA deportation agenda.
  Mr. GREEN of Tennessee. Mr. Speaker, I yield 2 minutes to the 
gentleman from Mississippi (Mr. Guest), the vice chair of the Committee 
on Homeland Security.

                              {time}  1845

  Mr. GUEST. Mr. Speaker, make no mistake: Our border is broken.
  This administration, for over 2 years, has been unwilling or unable 
to secure our southern border.
  Statistics show that in FY21, President Biden set a record with 1.9 
million encounters. In FY22, he broke that record with 2.7 million 
encounters. In FY23, President Biden is on pace to break that record 
once again.
  The numbers to my left paint a grim picture of the dire situation 
along our southern border, and these numbers will only grow worse as 
title 42 expires.
  Republicans from Homeland Security, from Judiciary, from Foreign 
Affairs, have worked together to craft legislation that will combat the 
border crisis, a crisis created by the failures of this administration.
  This legislation will hire thousands of new agents, pay retention 
bonuses to our frontline officers, invest in new technology, construct 
hundreds of miles of walls and barriers, and support our local and 
State partners.
  Congress must fill the gap of leadership created by the inaction of 
this administration. We must stop the flow of illegal drugs from 
pouring into our communities. We must end the flood of immigrants that 
are coming across each and every day. We must support the hardworking 
men and women of law enforcement who are on the front lines of this 
crisis.
  We will not back down from this fight, and any veto threat by this 
President be damned. We will deliver security to the American people.
  Mr. Speaker, I urge support on this measure.
  Mr. THOMPSON of Mississippi. Mr. Speaker, Republicans want it both 
ways. First, they vote to reduce the number of Border Patrol agents in 
the field by 1,400 under their default in America act, and now all of a 
sudden, they want to do something different. So either you are for it 
or you are against it, but you can't have it both ways.
  Mr. Speaker, I yield 3 minutes to the gentleman from New Jersey (Mr. 
Payne).
  Mr. PAYNE. Mr. Speaker, I thank the ranking member, Mr. Thompson, for 
the opportunity to speak here today.
  Mr. Speaker, I rise in opposition to H.R. 2. During the nearly 17 
hours that the Committee on Homeland Security met to consider the 
border bill offered by Mr. Green, Democrats offered more than 40 
amendments in order to remedy significant shortcomings in the bill.
  In an effort to offer new provisions to bolster operations at Customs 
and Border Protection and build up the fiscal year 2023 Omnibus 
Appropriations Act, which is what was supposed to be going on, working 
on the budget that night, under Democratic leadership, they provide 
over $17 billion to CBP to not only enhance port of entry operations 
but also increase funding to the U.S. Border Patrol by 17 percent.
  All of the amendments were rejected by the committee Republicans. 
Instead of working with Democrats to provide bipartisan solutions to 
fix our broken immigration system, H.R. 2 is just a far-right, MAGA-
style immigration bill advanced by Republicans that would tear at the 
fabric of American values and drastically limit asylum opportunities 
while doing nothing to create an orderly system.
  The xenophobia bill filed in this space of religious values that 
Republicans claim to live by, at best, H.R. 2 is a deeply distrustful 
effort to exploit irregular migration at the southwest border, which is 
expected to intensify with the termination of title 42 health 
restrictions.
  To make political points with Donald Trump and his devoted, extreme 
MAGA base, the hardworking civil servants who work to keep our border 
secure deserve so much better.
  Mr. Speaker, I urge Republicans who support detaining and deporting 
more migrants to take a look at section 115(c), division A. If enacted, 
it would prohibit DHS from contracting with any nongovernmental 
organizations to transport or shelter ``inadmissible aliens.'' This 
language would prevent ICE from being able to contract with private 
companies that facilitate deportations or provide detention space, 
because they want a nongovernmental organization to do it.
  Now, for the life of me, here we are again. You can't have it both 
ways. You want all of this deportation to happen, but now you are 
limiting the organization from doing it.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield an additional 30 
seconds to the gentleman from New Jersey.
  Mr. PAYNE. Mr. Speaker, just one last point.
  Ironically, it seems that the child deportation act may actually 
undermine the MAGA extreme deportation agenda.
  Listening to my colleague, the ranking member from Mississippi, we 
have already torn children and babies away from their families. Now, it 
appears that we won't even help women who might be pregnant in this 
endeavor. I mean, how far do you want to go?
  Mr. GREEN of Tennessee. Mr. Speaker, I yield 2 minutes to the 
gentleman from Florida (Mr. Gimenez).
  Mr. GIMENEZ. Mr. Speaker, I rise in strong support of H.R. 2.
  We have a crisis at our southern border. When title 42 expires in 
just a few hours, that crisis will become a complete catastrophe.
  In an effort to play petty politics, the Biden administration and 
Secretary Mayorkas have traded many effective policies implemented by 
President Trump for chaotic, unorderly, and inhumane immigration.
  I arrived in the United States with my family shortly after the 
communist takeover of my native homeland. I understand the plight of 
many of those who are fleeing socialist regimes in Cuba, Venezuela, and 
Nicaragua, because I, too, am an exile. I, too, am an immigrant.
  We have legal processes already in place for people to immigrate to 
America legally and to solicit political asylum legally.

  But what the Biden administration is doing is offensive, cruel, and 
inhumane. Lethal fentanyl is flooding our border, killing nearly 
100,000 Americans every single year. According to The New York Times, 
there are over 85,000 migrant children unaccounted for, and many are 
being subjected to forced labor and child sex trafficking. I repeat: 
85,000 unaccounted for children here in the United States. I ask you: 
Is that humane? I think not.
  Lack of enforcement of our border is incentivizing illegal 
immigration and enriching corrupt Mexican drug cartels that extort the 
most vulnerable.
  While the Biden administration endangers the American people, H.R. 2 
tackles the crisis head-on. This bill resumes construction of the 
border wall that is needed, increases the number of border agents to 
22,000, increases Federal grants to local law enforcement in border 
States, protects migrant children from human trafficking, streamlines 
the asylum process, and enforces background checks to bar repeat 
criminal offenders from reentering our country.
  H.R. 2 provides a solution to the crisis that President Biden has 
created. Believe me, he has created it. Secretary Mayorkas and the 
Biden administration have failed to protect America, and our country is 
more dangerous than ever before.
  Mr. Speaker, I urge support of the measure.
  Mr. THOMPSON of Mississippi. Mr. Speaker, the Congressional Budget 
Office says the child deportation act would ``decrease the population 
of the United States by about 600,000 people, mostly by reducing the 
number of unaccompanied children present in the country.''
  Republicans claim to be concerned about exploitation and abuse of 
unaccompanied children, but their answer is

[[Page H2221]]

to slam the door shut and deport them from the United States.
  Mr. Speaker, I yield 3 minutes to the gentleman from New York (Mr. 
Goldman).
  Mr. GOLDMAN of New York. Mr. Speaker, I rise today in opposition to 
H.R. 2, which is a cruel and draconian bill that demonizes asylum 
seekers, harms unaccompanied migrant children, and defunds programs 
that support nonprofit organizations and local governments that are 
essential to the humane processing of asylum seekers coming to our 
shores hoping for a better life.
  Just a brief response to the gentleman from Florida. Our law says 
that anyone crossing the border anywhere can apply for asylum. There is 
no such thing as lawful asylum and unlawful asylum. In fact, this is an 
area that we should address in a bipartisan way. We are in desperate 
need for comprehensive immigration reform. We need thoughtful and 
effective border security. We need more immigration judges to process 
asylum applicants. We need more visas for those to enter this country 
legally, and we need a pathway to citizenship that all of our ancestors 
have benefited from.
  But this bill is the opposite of that. It was unilaterally written by 
House Republicans as a partisan messaging bill with no chance of 
becoming law. With this bill, Republicans are putting politics over 
people.
  In our committee, Democrats offered more than 30 amendments to try to 
amend and improve this bill. Every single Republican voted ``no'' on 
every single amendment. One even expressed shock that Democrats would 
dare to try to change their bill.
  Sadly, the Republicans rejected one of my amendments that would do 
more to address border security and fentanyl trafficking than anything 
else in this bill: An amendment to stop the massive flood of American 
guns to drug cartels in Mexico, those same cartels that the chairman 
from Tennessee says are in control of the border. These guns give the 
cartels their power, it fuels the violence, and facilitates their 
illegal trade.
  Mexico has one gun shop, and it takes months of background checks to 
purchase a gun. But the latest estimates that we have here are that 
more than 500,000 American-made guns are exported to Mexico, including 
assault weapons of war, and many land in the hands of cartels to fuel 
their human and drug trafficking operation. There isn't a single 
mention of guns in H.R. 2, not one.
  This bill is supposed to be about border security. Our border is 
broken, as one of my colleagues just said. How can we fix the border 
when the cartels are ruling it with American guns? Any serious attempt 
to secure our borders has to address the exportation of more than 
500,000 American guns per year to Mexico.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield an additional 1 
minute to the gentleman from New York.
  Mr. GOLDMAN of New York. Mr. Speaker, just like the gun violence 
epidemic that is ravaging our country, Republicans refuse to address 
the source of the problem. We need comprehensive immigration reform, 
meaningful solutions to address our broken immigration system, and to 
live up to our American values. This bill is nothing of the sort. 
Instead, it turns a real crisis that needs serious solutions into a 
political messaging tool.
  Mr. Speaker, therefore, I urge my colleagues to vote ``no.''

                              {time}  1900

  Mr. GREEN of Tennessee. Mr. Speaker, I yield 2 minutes to the 
gentleman from Tennessee (Mr. DesJarlais).
  Mr. DesJARLAIS. Mr. Speaker, I thank the chairman, my colleague from 
Tennessee.
  Mr. Speaker, I rise in strong support of H.R. 2. If you watch TV and 
listen to the administration and Secretary Mayorkas, they would tell 
you that the border is secure and that the border is not open. In other 
words, they are telling you to believe what they say and not what you 
see.
  Anybody who looks at the border can see the crisis that is there.
  They can look in their communities and see the tragedy that is 
unfolding with fentanyl.
  They can look to the sanctuary cities where all the mayors love to 
say: ``We will take anyone. Send your immigrants to our cities.'' Now, 
they are screaming: ``No more.'' As soon as they got a taste of what 
the border States are feeling and dealing with every day, they wanted 
no part of it.
  The toll that this is causing our country is hard to grasp. Look no 
further than our SNAP program. Everyone wants to expand SNAP and make 
sure no one goes hungry. I agree that anyone in need should get food, 
but we cannot get an answer to how many people who are here illegally 
are on the SNAP program. We have been trying for a year. We have asked 
Secretary Mayorkas via letter, and we have asked Secretary Vilsack via 
letter how many people who are here illegally or undocumented are on 
SNAP.
  We know that 45 percent of non-documented households receive SNAP, 
and only 21 percent of U.S. citizens receive SNAP. When I bring this up 
in committee, I am told it is very hard to get SNAP benefits if you are 
in the country illegally, but there are several exceptions--more than 
11.
  Two of the main exceptions are: One, if you are under 18, you 
automatically qualify. We all know how many children are coming across 
the border. They are receiving SNAP benefits. The other is if you are 
seeking asylum. Well, who is coming here that is not seeking asylum?
  I heard the gentleman mention that anyone can claim asylum, but what 
we are seeing here is not true asylum seeking. It is what they are told 
to say because they know that is the clearest pathway into the country.
  People are just simply being released in record numbers. Mr. Speaker, 
5 million to 6 million people have come into our country illegally.
  Do you know who hates illegal immigration more than any of us? People 
who did it right. We have the most generous immigration system in the 
world. Almost a million per year can come here legally. We are letting 
millions in illegally, and the people who do it right resent that.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. GREEN of Tennessee. Mr. Speaker, I yield an additional 30 seconds 
to the gentleman from Tennessee.
  Mr. DesJARLAIS. Mr. Speaker, I urge support of this measure because 
we are a country of laws, and it is not right to allow your first 
measure in entering this country to be something illegal. It flies in 
the face of all the people who did it correctly.
  Thank God we have a chairman like Chairman Green who is addressing 
this issue. It should be a bipartisan issue. Everyone is feeling it. It 
is time that we act.
  Mr. Speaker, I thank the Republicans for bringing this forward. It is 
important, and I strongly support it.
  Mr. THOMPSON of Mississippi. Mr. Speaker, on March 15, Border Patrol 
Chief Ortiz told the Homeland Security Committee that ``cartels control 
an awful lot of the southern border south of the United States.''
  Last time I checked, south of the United States meant Mexico and not 
five of the nine U.S. Border Patrol sectors.
  Mr. Speaker, I yield 3 minutes to the gentleman from New Jersey (Mr. 
Menendez).
  Mr. MENENDEZ. Mr. Speaker, I thank the gentleman from Mississippi for 
yielding.
  Mr. Speaker, I rise today to discuss H.R. 2, the House Republicans' 
border bill that fails to fix our broken immigration system.
  I have been to our southern border twice since January because I do 
believe it is important that we experience those challenges firsthand. 
Despite there being an immense amount of work to do at our border, this 
legislation fails to meet the moment.
  Instead of solutions, Republicans want a wall; a wall that would 
immediately be obsolete upon completion and would only serve as a 
painful reminder of the Republicans' failed border policies; a wall 
that would cost almost $25 million per mile to complete, resulting in a 
total bill to the American taxpayers of over $11 billion.
  For a party that talks about wasteful government spending, how can 
this possibly be the best use of our taxpayer dollars?
  Mr. Speaker, I and my colleagues on the Homeland Security Committee 
offered numerous amendments to this

[[Page H2222]]

bill to address some of its core deficiencies. When I offered an 
amendment to strike this wasteful spending on an inefficient wall, it 
was rejected by every single Republican.
  Operation Blue Lotus, a Biden administration program, has stopped 
over 4,000 pounds of fentanyl from being brought into the U.S. and has 
led to dozens of arrests and the seizure of thousands of pounds of 
illicit drugs. Yet, when I offered an amendment to provide 
congressional authorization for this successful program, it was 
rejected, again, by every single Republican.
  Even on the issues that Republicans talk most about, like fentanyl, 
this bill fails to address those challenges.
  Even worse, this bill treats migrants as our enemies instead of our 
neighbors who are simply looking to give their families the 
opportunities to be hopeful about their tomorrows, to give them their 
fair shot at their American Dream, the fair shot that all of our 
families were given by this country.

  This bill also seeks to punish nonprofits and NGOs that, by caring 
for our most vulnerable neighbors, reflect the best of who we are as a 
country. Organizations like Catholic Charities that feed, house, and 
take care of migrants could lose Federal funding by simply fulfilling 
their spiritual mission of supporting those most in need.
  Democrats offered amendments to ensure that NGOs would not be 
penalized for providing services to pregnant women, children, and 
families. Each amendment failed because not a single Republican was 
willing to stand up and vote for it.
  This should not be who we are as a country. If this bill becomes law, 
it will say to the world that this is who we have become.
  Mr. Speaker, I am a ``no'' on H.R. 2, and I urge all of my colleagues 
to do the same.
  Mr. GREEN of Tennessee. Mr. Speaker, I yield 1 minute to the 
gentleman from California (Mr. McCarthy), the Speaker of the United 
States House of Representatives.
  Mr. McCARTHY. Mr. Speaker, I thank Chairman Green for his work.
  Mr. Speaker, when we took the majority and Mr. Green became chairman, 
he didn't stay in Washington to figure out what the problem was. He 
actually took his committee to the border to see firsthand.
  Mr. Speaker, unfortunately, the ranking member on the other side 
wouldn't attend. He stands up speaker after speaker thinking he knows 
what is happening on the border from far away in Washington.
  I have been to the border four times in the past 3 years. I have seen 
the fear in the eyes of the ranchers who have had their property broken 
into. I have heard the frustration in the voice of the Border Patrol 
agents who are stretched to the limit.
  Mr. Speaker, 2\1/2\ years ago, when I went to the border, I sat with 
the agents in El Paso. They told me they saw something different that 
they hadn't seen before. They were actually catching people on the 
terrorist watch list. I came down and had a press conference and 
announced what they told me.
  Mr. Speaker, I would have thought that the Members on the other side 
of the aisle, knowing what has happened with 9/11 and others, that they 
would rise up in a united front to protect America.
  Do you know what I heard from my colleagues on the other side of the 
aisle? They said that I was lying. They said that they had as much 
security clearance as I did, that it must not be true. In Washington, 
they thought they knew all, but they didn't go to the border to 
actually talk to the people who work right there.
  It is interesting, though, that the next day, the administration had 
to say it was true. Do you know what the administration did then? They 
withheld the information from Congress so they could no longer find out 
how many people we would catch on the terrorist watch list. They wanted 
to deny knowing going forward.
  My good friend on the other side of the aisle, the ranking member of 
the Homeland Security Committee, I am sure he knows that, in the month 
of February, we caught more people on the terrorist watch list in this 
1 month than the entire time of the last administration.
  In the last administration, the 4 years of everybody who came across 
on the terrorist watch list, this February, more came across. I am sure 
from far away he might probably think that is not true, too.
  Mr. Speaker, I felt the sorrow in the words of the mothers and 
fathers who lost their children to fentanyl. Do you know what? You can 
stay in Washington if you want, and you will still hear the sorrows of 
the mothers and the fathers.
  Today alone, 300 Americans will be poisoned by fentanyl. It is the 
equivalent of an airline crashing each and every day in America. I 
don't hear them rising up. Every day there are 300. They come from all 
walks of life.
  Mr. Speaker, they want to stand and say ``no'' to H.R. 2. I want them 
to look in the eyes of the parents of the young children. They didn't 
buy fentanyl when they died. They were at college and bought Xanax. It 
doesn't just happen to the kids who are maybe into partying or others.
  Just last year, on spring break, six kids OD'd in Florida. They 
didn't belong to a fraternity. They went to West Point. They didn't buy 
fentanyl. They all didn't take cocaine. Four of them did. The other two 
simply gave them mouth-to-mouth resuscitation.
  Do you know what? Vote ``no.'' Go ahead and vote ``no.'' If you won't 
lead, we will. If you want to take the same approach as the President, 
that you want to ignore a problem and say it is not happening, we won't 
sit back. We don't sit back in Washington. We go to the border to 
actually see what is going on. We listen. We learn. Then, we sit in 
committee.

  Even though your committee went and had a hearing--I am sure they are 
very proud that they protested and didn't go. Who lost? More Americans 
lost. More Americans will die by their actions. For their sake and for 
our Nation's safety, we must secure our border.
  This is President Biden's record on the border: record crossings, 
record carelessness, and record chaos. More than 11,000 people were 
caught yesterday crossing the border illegally, the highest single-day 
total ever.
  Mr. Speaker, I look forward to hearing what the ranking member's 
quote is coming forward. Maybe he will quote the Secretary that the 
border is secure and believe him. You sit in Washington.
  What is the administration's plan for these 11,000? According to NBC 
News, the plan--it is brilliant; listen to it--is to release many of 
them into the United States with no court dates and no way to track 
them. That worked so well in the past. Just ask the 85,000 children 
that the Biden administration lost.
  Mr. Speaker, I look forward to hearing the other side get up and tell 
me why they are voting ``no.''
  They don't want to find these 85,000 kids? Don't take my word for it. 
This comes from The New York Times.
  Tomorrow, as you sit here in debate and fight to make sure the border 
is still wide open, title 42 expires. Everyone knows we are days away 
from disaster. The mayor of El Paso, which recently declared a state of 
emergency, says: ``There is no light at the end of the tunnel. We are 
preparing for the unknown.''
  The Governor of Arizona says that President Biden has been 
unresponsive. Governor Abbott of Texas rightly pointed out that this is 
not a Texas problem. This is a problem for the entire United States.
  Mr. Speaker, I heard President Biden say yesterday that lifting title 
42 means it is going to be chaotic for a little while. With all due 
respect, Mr. President, it has been chaotic for 2 years because of your 
actions.

                              {time}  1915

  On the very day President Biden took office, he decided against the 
advice of the border security experts, and he single-handedly removed 
the successful border policies of the previous administration.
  The first thing President Biden did was he stopped construction of 
the border wall. He spends money now just to house the equipment and 
materials. He halted deportation. He ended remain in Mexico, and he 
called for amnesty for millions of people who broke the law.
  His actions sent a clear message to the world, including the cartels: 
the border is open.

[[Page H2223]]

  I remember on one of my trips down to the border right after the 
President took office, we had a new facility built. That day they hit a 
record number at the facility that they thought would never make 
capacity, but they did. As we walked in, we interviewed those who were 
standing in line.
  We asked them: Why did you come?
  They said: President Biden told us to. He told us the border was 
open.
  We asked: How long was the trek?
  Weeks, months, but the President invited us.
  The world listened, and the cartels acted.
  To this day, the southern border is being flooded by illegal aliens 
from more than 140 countries: Yemen, Russia, China, and others.
  Yet, how has this administration responded?
  A responsible administration would have told the American people in 
clear terms that this is a crisis. However, the Biden administration 
tells the public that there is no crisis. Rather than leveling with the 
American people, the Biden administration is choosing to mislead them.
  I don't know if the ranking leader has ever been to Tucson, Arizona, 
but I was there recently. In Tucson, Arizona, the cartels control the 
border. Every single person who comes across that border wears a 
camouflage outfit. On their feet and on their shoes is a piece of rug. 
Seventy-one percent who come across that border are single males. They 
don't run up to the border agents. They run from them. It is one of the 
highest areas of get-aways.
  It is a large terrain. Every day Americans risk their lives to go 
rescue people on the cliffs who have fallen. We took balloons up so we 
could actually calculate who was coming across.
  When this became such a reported case, do you know what the Biden 
administration did, Mr. Speaker?
  They cut the number of balloons.
  Do you know why?
  Because they said the numbers would go down. That is how they want to 
deal with it. They want to lie to the American public.
  There is no better example than Secretary Mayorkas' comments that the 
border is secure.
  Mr. Speaker, I hope the ranking member gets up after me, and I would 
like him to answer one question: Does he believe Secretary Mayorkas 
that the border is secure?
  You have been chairman. You are ranking now. I am sure at some time 
you went to the border--but not when your committee did and not when we 
wanted to work on this bill.
  You wanted to protest. You wanted to not go because you could learn 
everything you needed from right here in Washington--maybe from the 
Secretary.
  I would like to know how many of you who stand up and say that you 
are going to vote against H.R. 2 believe Secretary Mayorkas?
  Do you believe the border is secure?
  Honestly, tell us. Tell the American public if that is what you 
believe.
  Everyone knows that isn't true.
  You can't say the border is secure when more than 4.5 million people 
have crossed our border illegally in the 24 months since President 
Biden has taken office.
  There is not one piece of legislation that has changed from one 
administration to the other. The only thing that changed was the 
President.
  And what did President Biden do?
  He lifted all the actions of President Trump and President Obama. 
That is what happened to our border.
  You can't say the border is secure when more than 175 individuals on 
the terrorist watch list have tried to cross our border.
  You can't say the border is secure when human trafficking has grown 
into a multibillion-dollar business for the cartels.
  You can't say the border is secure when you don't control the border 
and when the number one employer in some of these border towns is the 
cartels.
  You can't say the border is secure when I sit there with a mayor, who 
happens to be from the other party, and he tells me a personal story 
that his daughter called, and he told her not to go outside because 
there was a car chase, a car chase because a cartel hired a young 
American to drive somebody they put across, and the car was going 
through--it is not an unusual thing. It happens often. Schools there, 
they would tell me they had to close for 45 days.
  This car chase ended like others. It killed an innocent American, an 
innocent American who was going to a retirement party. She was a 65-
year-old grandmother. She was going to have her friends celebrate a 
life of work and was looking forward to the times, with all the work 
and investment she had put in, to spend with her grandchildren and 
travel, but, no, her life was taken from her. And the Secretary said 
that our border is secure.
  If you would travel to these towns, then you would know this too. If 
you would spend the time, then you would understand.
  You see, Mr. Speaker, many of those elected officials aren't 
Republicans. They are Americans. They are registered as Democrats. They 
say they are disgusted by what this administration is doing.
  While the Biden administration is missing in action, House 
Republicans are going to take action. We spent 2 years listening to 
those who have lived through the border crisis: Border Patrol agents, 
ranchers, families, businesses, and local leaders.

  When I was in Tucson, I sat with a rancher. He told me that he has 
found five dead bodies on his ranch. His grandson, 7 years old, found 
one just last year. This is human life. Fifty-two died in a tractor 
trailer.
  I sat with one who told me the story that when he looked down the 
road, he saw three young children, one not even 1, the other 3, and the 
other 4. Had the rancher not found them, they wouldn't be alive.
  What about those who don't make it?
  What about those who don't pay the cartels?
  I sat with one news-covering agent who told the story of a woman who 
didn't pay the cartels, so the cartels took her life. They didn't just 
take her life. They wanted to show it to everybody in the world. So 
they strung her body up in a tree, cut her legs off, and set her on 
fire.
  You see, if you go to the border, you will learn these stories. You 
will actually know what is happening there. So I don't think you would 
take a partisan position. You wouldn't talk in talking points. You 
would actually believe that 4.5 million people in the last year came 
across. If 11,000 came across yesterday--title 42 is going to be 
lifted.
  If you don't like our bill, what is your answer?
  What is your plan?
  What are you going to do?
  As I promised, we brought their government to them--visiting the 
border, gathering facts, and holding hearings.
  What we learned directly informed not only our Commitment to America, 
but also the Secure the Border Act.
  Here is what this bill does:
  It fully provides for effective border enforcement policies, 
infrastructure, and advanced technology.
  It increases the number of Border Patrol agents and gives them the 
bonus pay they deserve.
  It ends catch and release and strengthens current laws to protect 
unaccompanied children from exploitation by human traffickers. I hope 
everybody who votes ``no'' reads The New York Times. I hope you read 
the stories about these young children.
  It reinstates the so-called remain in Mexico provisions.
  And it resumes construction of the border wall because the border 
wall works.
  The Secure the Border Act is the strongest border security bill to 
come through Congress in more than 100 years.
  If it passes, I am confident that we will stop the flood of fentanyl 
into our country, solve the Biden border crisis, and support our Border 
Patrol agents so they can continue to keep us safe.
  Fentanyl is the number one killer of Americans between the ages of 18 
and 45.
  If anybody thinks about their life between the ages of 18 and 45, 
those are the years in which you reproduce. Those are your most 
productive years in business. Those are the years of those who 
volunteer to serve in the military to defend our freedom.
  Right now, the most productive population age in our country is being 
killed.
  However, I listen to the other side, and they are going to say: ``No, 
continue it.''

[[Page H2224]]

  By the actions of this President, Mr. Ranking Member, you don't have 
to go to the border because now every city is a border city.
  You see, in my hometown of Bakersfield, in the elementary school, a 
father registered his son just after Thanksgiving. The public school 
district did a really good job. They noticed in 2 days this boy had an 
issue. They didn't sit back, they went to his house, and they met with 
his father.
  They said: We feel your son has a challenge learning and other 
things. We want to work with you, and we want to help him.
  Literally, they went to his house in 2 days. They watched him as he 
came to school.
  Do you know what he did when he came to school?
  He walked over to a vape room. He had a backpack, and he came into 
the class. They looked in the backpack. He had 150 pills. This kid was 
not even 16 years old. I think he was only 12. The counselor took out a 
pill to see what it was. They had to call an ambulance because the 
counselor touched a fentanyl pill.
  I am far from the border. Just up the road in my district, they 
pulled over a car. I believe it had more than 500,000 fentanyl pills. 
California law says you couldn't ask the individuals if they were 
citizens--and they weren't.
  I can't tell you how much jail time they got because in California 
they believe in a lot of your policies, and so the individuals didn't 
even have to have bail. They both got a ticket and were told to show 
back up. They never did. They probably got back in the car 
and delivered more of those fentanyl pills coming across the border. Of 
those 300 Americans who will die today, I am not sure if one of those 
pills was theirs.

  I do know this: Tomorrow when I cast a ``yes'' vote for H.R. 2, we 
are doing something to stop the fentanyl. We are doing something for 
those families. We are doing something for the next generation of 
Americans.
  If you believe that the rule of law is one of the greatest strengths 
of this Nation, you cannot keep it if you have millions of people who 
break it by entering it.
  There is no nation as generous as America. One million people will 
become citizens this year, and one million more next year. We are 
different from any other nation, but what we have today is something 
that we don't even control: our own operation of our borders.
  Mr. Speaker, I urge all my colleagues to vote ``yes'' on the Secure 
the Border Act, vote ``yes'' on security over chaos, and vote ``yes'' 
to stop fentanyl killing our children.
  The SPEAKER pro tempore (Mr. DesJarlais). Members are reminded to 
address their remarks to the Chair and not to each other in the second 
person.
  Mr. THOMPSON of Mississippi. Mr. Speaker, at some point you have to 
correct the Record. We had a debt ceiling budget vote several weeks 
ago. The Republican-approved debt ceiling budget would cut the DHS 
budget by 22 percent.
  So you can't be for something, but you don't invest in what you say 
you are for.
  I will step back a little further and say that if Republicans are 
really serious about border security, then they would have joined 
Democrats in passing last year's government funding bill. It provided 
more than $17 billion to Customs and Border Protection alone and a 17 
percent increase in the Border Patrol budget, but unfortunately, 
Speaker McCarthy voted against that, too.

                              {time}  1930

  Democrats have been to the border. In April of this year, I took nine 
Members to the border. We talked to a lot of people. I have been on the 
committee quite a while. I have gone to the border a number of times to 
see, so one visit I didn't go to is not the end of the world. I was on 
the border before the Speaker was in Congress, so there is history here 
that we just need to make sure that we all understand.
  Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. 
Correa).
  Mr. CORREA. Mr. Speaker, I just want to say that most of my life I 
have lived on both sides of the border, and since taking over my 
subcommittee this year, in the last 4 months, I have gone to Laredo, 
Brownsville, Yuma, El Centro, San Ysidro, Otay; and just Monday, Otay, 
Tijuana, Mexico.
  I am doing this because I think it is important that we leave 
Washington and go and ask the border agents, go ask the port 
authorities what is going on, tell me what they need.
  I saw these men and women in blue uniforms at our ports of entry. 
They are very proud of their work. They said: Lou, look, this is 99 
percent of the trade we have, the integration of the North American 
markets. We are making it happen thanks to the investments by Congress 
in personnel, technology, and infrastructure.
  Then they said: But we have to keep out that 1 percent, that 
fentanyl, those narcotics. They proudly said: We here at the ports of 
entry are responsible for stopping over 90 percent of the fentanyl that 
comes into this country.
  I asked them, of course: What do you need to do your job better?
  They said: We are looking to you in Washington for more support. We 
are 2,400 personnel down, CBP agents. They said the proposals here by 
my colleagues on the other side do nothing to support the additional 
hiring of men and women in blue uniforms. Those blue uniforms are 
responsible for stopping over 90 percent of the fentanyl that is coming 
across the border.
  I proposed amendments to this legislation for better pay, retention, 
childcare for those workers that have to do forced overtime. All of my 
amendments were turned down.
  If we are serious about stopping fentanyl, we have to invest more in 
those blue uniforms, and this legislation does absolutely nothing to do 
that.
  Let's be frank here. I have also gone to farmers and small businesses 
in my district, and they are also very scared. They are scared of 
becoming criminals. You put in a mandatory E-Verify, and every one of 
those farmers who employ undocumented farmworkers is going to be 
criminalized. Every one of those small businesses in my district that 
are calling me and saying, ``Lou, we need immigration reform,'' will 
also become criminals because they employ undocumented.
  We seem to forget we have a 3.6 percent unemployment rate in this 
country. Those folks that are coming across the border are disappearing 
into the fabric of our economic society. They are getting jobs. They 
are working. They are part of our fabric.
  Unless we have immigration reform, unless we have a way to get 
workers into this country that is teamed up with some of these 
proposals, it is not going to work. At the end of the day, the private 
sector that needs workers, folks that need a job will figure out how to 
make it work.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield an additional 1 
minute to the gentleman from California.
  Mr. CORREA. Mr. Speaker, this bill is not enough. This bill is not 
about creating a solution. It is simply messaging.
  This bill is not addressing the fentanyl problem. The best 
investments are where it will be stopped at the border.
  The bill is not addressing the employment issue. In every sector of 
our economy, in every State of our Union, we need workers. We don't 
need to criminalize, make employers criminals for trying to hire 
somebody to harvest this crop.
  Mr. GREEN of Tennessee. Mr. Speaker, I yield 2 minutes to the 
gentleman from New York (Mr. D'Esposito).
  Mr. D'ESPOSITO. Mr. Speaker, I rise today in support of H.R. 2, the 
Secure the Border Act.
  Mr. Speaker, I must say that I find it quite comical and a little bit 
scary that we just heard that this bill is nothing more than, 
``messaging.'' When I was sitting in this seat, I was wondering for a 
moment if we were debating a bill or having some juvenile partisan 
contest about how many times we could say MAGA and extreme, which have 
nothing to do with this bill.
  What is extreme, however, is the unprecedented levels of illegal 
migrants, fentanyl, and other deadly drugs that have come across our 
open border.
  Title 42 ends this week, and we still have heard no plan from the 
White House on how they plan to deal with the levels of illegal 
migrants that continue daily to travel across our southern border.

[[Page H2225]]

  House Republicans are delivering where President Biden refuses to. 
The Secure the Border Act will help us regain operational control of 
the border, combat illegal immigration, and stop fentanyl smugglers.
  This legislation will support the brave men and women serving as 
members of the Border Patrol by hiring an additional 22,000 Border 
Patrol agents. This hiring blitz will allow Border Patrol agents to 
return to their law enforcement mission in the field and not simply act 
as processing coordinators. We will be providing incentives, 
solidifying institutional knowledge, and help with the mass exodus 
caused by the dereliction of duty of Secretary Mayorkas.
  Additionally, this bill will end the controversial catch-and-release 
policy which puts migrants into communities while awaiting their 
hearings.
  The Secure the Border Act will also increase transparency over the 
Federal Government and strengthen current law to protect unaccompanied 
children at the border from human trafficking.

  We have heard about these amendments. There were amendments about a 
border that we were told by Democrats were secure.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. GREEN of Tennessee. Mr. Speaker, I yield an additional 30 seconds 
to the gentleman from New York.
  Mr. D'ESPOSITO. Mr. Speaker, instead of focusing on our border, these 
amendments focused on challenge points, climate change, and about 
moments in a news cycle.
  Well, to my friends on the other side of the aisle, that news cycle 
is devastating to many, devastating to those who have now been at the 
hands of the cartel, devastating to those who have lost children and 
grandchildren to fentanyl.
  While the Biden administration is ignoring the safety and security of 
our country, House Republicans are delivering on our commitment to a 
nation that is safe.
  Mr. THOMPSON of Mississippi. Mr. Speaker, the extreme MAGA Republican 
default on America act, which the last Speaker voted for, would result 
in CBP not being able to seize nearly 900 pounds of fentanyl because of 
the draconian cuts to its budget.
  Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr.  
Robert Garcia).
  Mr. ROBERT GARCIA of California. Mr. Speaker, I rise today in strong 
opposition to this un-American and cruel bill.
  Now, I immigrated to this country as a small child, and I love our 
country for all it has provided me and my family. Immigrants love this 
country. They dedicate their lives to working, and they make a 
community stronger.
  This bill does not uphold our values as a nation. A bill that was 
true to those values would uplift and celebrate the contributions of 
immigrants. Real patriots know that love of country is actually about 
helping people.
  Let's be crystal clear. We all want a safe and secure border, and the 
best way to achieve that is through comprehensive immigration reform 
and creating legal pathways for people who want to come here to work.
  Sadly, this bill does not do that. Instead, it doubles down on a 
failed anti-immigrant agenda. This bill guts the fundamental right to 
seek asylum. It strips protections for unaccompanied children, and it 
wastes more money on Donald Trump's pointless border wall, a monument 
to hate which does nothing to protect us.
  Now, in the Homeland Security Committee, I helped lead the fight 
against harmful provisions of this bill that target nonprofits who 
partner with our border agencies to care for our asylum seekers, but 
House Republicans are moving ahead with these disastrous policies that 
would require charities to check the immigration status of those who 
need care even in a crisis.
  By defunding nonprofits, this cold-hearted bill would ignore what the 
Gospel teaches us. It ignores our brothers and sisters who are tired, 
poor, hungry, and sick; those who are most in need of help.
  If this bill ever becomes law, it would cause chaos and suffering.
  We need real immigration reform, and America is ready for that 
debate. Let's rise to the occasion and create an America that reflects 
kindness and centers on helping people. Being anti-immigrant is being 
anti-American.
  Mr. GREEN of Tennessee. Mr. Speaker, I yield 3 minutes to the 
gentleman from Alabama (Mr. Strong).
  Mr. STRONG. Mr. Speaker, I rise today in support of H.R. 2, the 
Secure the Border Act.
  This legislation is the culmination of months of hard work and 
collaboration of three House committees: Homeland Security, on which I 
serve as a member; Judiciary; and Foreign Affairs. It represents what 
is possible when we work together for the good of our Nation.
  In my very first floor speech as a Member of Congress, I echoed the 
concerns and fears I have heard from the constituents that I represent 
and what I have seen firsthand at the southern border.
  Americans are not safe, and our country is under attack at the 
southern border. Illegal immigrants, drug runners, and human smugglers 
continue to exploit this administration's open southern border policy 
as this administration looks the other way.
  This last weekend, in just 72 hours, Border Patrol apprehended over 
26,000 migrants, had approximately 7,500 got-aways, and seized 11 
pounds of fentanyl, enough to kill 2.5 million Americans. If this is 
what operational control looks like to this administration, it is no 
wonder why Americans are worried.
  Title 42 is set to expire tomorrow, bringing not a surge but an 
invasion of illegal immigrants that our communities, hospitals, 
schools, and law enforcement officials simply can't handle. This 
debacle created by this administration has not seen its worst day.
  Just this morning, the administration released a statement outlining 
how they plan to deal with this incoming invasion. The Department of 
Homeland Security press release says they have finalized a rule to 
incentivize the use of lawful immigration pathways. They are choosing 
to incentivize illegal immigrants to follow our laws when we should be 
punishing those who don't follow our laws. The fact is, President 
Trump's border policies worked for America.
  Now more than ever, we must pass this legislation and move toward a 
lawful, safe, secure, and orderly border. We don't have time to waste.
  Among many important provisions, this legislation would grant DHS 
authority to suspend entry and gain operational control of the border, 
similar to title 42. I am pleased to stand here today with my 
colleagues in support of this legislation that begins to address the 
massive failure of this administration.
  H.R. 2 reflects Republicans' commitment to make America safer. I urge 
my colleagues to support this bill. It is up to us to stop this 
invasion of America at the southern border because no one else will.

                              {time}  1945

  Mr. THOMPSON of Mississippi. Mr. Speaker, on February 1, the last 
speaker voted against the public health emergency that served as the 
legal basis for the use of title 42 at the southwest border.
  My colleagues want to have it both ways, which is why, I guess, he 
supports H.R. 2, the child deportation act.
  Mr. Speaker, I yield 3 minutes to the gentleman from Arizona (Mr. 
Grijalva), the ranking member of the Natural Resources Committee.
  Mr. GRIJALVA. Mr. Speaker, I thank the gentleman from Mississippi for 
yielding.
  I happen to represent every border community and every port of entry 
along the Arizona-Mexico border. It is my home, where I grew up, and 
that is where I live. That is where I have lived, in those borderlands.
  I don't need a photo op tour for me to understand, to feel, and to 
respect the fact that these communities and this area of our Nation 
have been left behind not just by policy but by intent.
  H.R. 2 is not serious legislation to address our urgent need to fix 
our broken immigration system, to respond to the pending humanitarian 
crisis on our border, and to combat the deadly flow of fentanyl and 
human exploitation by organized crime syndicates. It won't do that.
  What H.R. 2 will do?
  It will devastate our affordable food supply by eliminating up to 
half the

[[Page H2226]]

workforce in agriculture, farming, and ranching.
  It will dramatically increase the economic hardship of border 
communities and the borderlands.
  It will fund the Trump memorial wall, a piece of useless government 
waste.
  It will demonize children and unaccompanied youth.
  It will provide Republicans with fundraising tools, and it will also 
provide them with the means to create division, fear, and chaos in 
preparation for the 2024 elections.
  My Republican colleagues hope that voters will overlook the growing 
extremism and their failure to deal with real issues in this Congress, 
one of them being immigration.
  The lifting of title 42 challenges Republicans in this House to do 
more than political posturing. Indeed, it challenges the Biden 
administration not to allow the pending humanitarian crisis to become 
desperate and punitive.
  I want to also take a little historic look and remind the body of the 
schizophrenic, anti-immigrant underpinnings of H.R. 2. The echoes of 
past immigration debates in this Chamber are with us today, and let me 
quote from the Congressional Record.
  In 1884, Congressman Henley of California spoke on the floor of the 
need to preserve a White man's government from dark and yellow-skinned 
people.
  In 1924, Congressman Wilson of Louisiana said: ``Two things are 
certain. One is that America cannot exist with a large percentage of 
mongrel communities with discordant views and aspirations.''
  That same year, Representative Robsion of Kentucky said: ``Let us 
send out the slackers and undesirables. Let us clean up America and 
keep America clean,'' for the real Americans and for the real country.
  I mention those historical realities and facts from previous debates 
to underline the point that H.R. 2 must not be a means to grow the 
worst nativist impulses that we might have in this Congress or to 
accept ethnic and racial prejudices.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield an additional 1 
minute to the gentleman from Arizona.
  Mr. GRIJALVA. Mr. Speaker, I thank Mr. Thompson for yielding me time.
  All to further hardship and accept ethnic and racial prejudices as 
criteria in our immigration laws and policies, bringing to life those 
echoes of the past.
  The values and the common ground that must be found in order to 
effectively deal with the issue of immigration, with the issue of 
asylum seekers and refuge seekers, requires real solutions. It requires 
humanitarian relief, but it also requires an enforcement focus that 
deals with the issues that have been talked about by the other side: 
fentanyl, drug running, and human exploitation.
  It also requires that all of us in Congress, and particularly those 
who represent the borderlands, be included in those discussions to the 
point that we can bring the real voices, the real impulses, and the 
real needs of those communities.
  H.R. 2 must be defeated because it is against our values, and it 
promotes a mythology that everything that happens on that southern 
border is bad, unhealthy, criminal, and un-American.
  That is wrong. Vote ``no'' on H.R. 2.
  Mr. GREEN of Tennessee. Mr. Speaker, I yield 3 minutes to the 
gentlewoman from Georgia (Ms. Greene).
  Ms. GREENE of Georgia. Mr. Speaker, I remind everyone that 
Republicans believe in legal immigration. As a matter of fact, we are 
very proud of our former first lady, Melania Trump, who immigrated 
legally to the United States. There is a clear difference in policies 
when we talk about border security for the United States of America.
  I think it is very important to remind my colleagues across the aisle 
what our oath of office actually says. We swear an oath that we will 
support and defend the Constitution of the United States against all 
enemies, foreign and domestic.
  That is a very important oath to swear, and it is one to uphold, but 
this was not being upheld in the past 2 years under this 
administration.
  We have seen nearly 5 million people cross our border, and it is 
unsustainable. As a matter of fact, on Monday, a record was set for 
border apprehensions.
  Just yesterday, that record was defeated because they had even more 
border apprehensions. Two records, and I don't even know what today is 
yet. We don't have the numbers, but soon we will know.

  The clear difference between Democrats and Republicans, when we talk 
about border security and about these policies, is that Democrats don't 
serve Americans. They serve migrants. They serve foreign countries and 
their borders, but not Americans, American tax dollars, and America's 
border.
  As a matter of fact, according to the Border Patrol Chief, five out 
of the nine sectors are out of control and in the hands of the cartels.
  Yet, the most important thing the Democrats across the aisle are 
attacking is the Second Amendment and taking away Americans' guns 
because they are claiming that will keep Americans safe from the 
cartels. That is insanity.
  Democrats serve migrants so much that they are interested in bringing 
more into the country. When they talk about hiring more Border Patrol 
agents, it is because they want Border Patrol agents to be the 
welcoming committee.
  H.R. 2, which I strongly support, hires more Border Patrol agents and 
gives them bonuses so that they can do the job that they were hired to 
do, which is to protect our southern border and, by the way, the lives 
of migrants who are dying nearly every single day as they try to cross 
our border.
  It is really interesting. Unfortunately, this administration and the 
Democrats serve migrants so much more than Americans, and it seems that 
Biden serves any country that is willing to write him a check as long 
as they make it payable to the Biden family LLCs. How about that?
  Title 42 lifts tomorrow.
  The SPEAKER pro tempore. Members are reminded to refrain from 
engaging in personalities toward the President.
  Mr. THOMPSON of Mississippi. Mr. Speaker, if Republicans were serious 
about border security, they would have joined Democrats in passing last 
year's government funding bill, which paid for an increase of 300 
Border Patrol agents, the first increase since the Obama 
administration.
  Not only did the last speaker not support it, she voted to have 1,400 
Border Patrol agents fewer in the field under the extreme MAGA 
Republican default on America act.
  Mr. Speaker, I yield 3 minutes to the gentleman from Michigan (Mr. 
Thanedar).
  Mr. THANEDAR. Mr. Speaker, I thank the ranking member, Mr. Thompson, 
for yielding me time.
  Mr. Speaker, I stand here today as a symbol of what our immigration 
system can achieve. In 1979, at the age of 24, I entered this country 
alone with no friends, no family, but I had my American Dream.
  At times, I slept in a car or at a homeless shelter that was funded 
by a faith-based nonprofit. At times, I got sick and needed to go to 
the hospital.
  H.R. 2 would cut funding for these nonprofit organizations and remove 
reimbursement systems for immigrants to get healthcare.
  When my colleagues on the other side of the aisle ask me why I don't 
support this bill, my answer is simple. I don't support cutting 
programs that helped me and help immigrants like me in times of their 
need and their hardship. I stand with countless immigrants who have 
contributed greatly to our country and urge opposition to H.R. 2.
  When my colleagues and I went down to the southern border, we met 
with many nonprofit organizations and saw the important and necessary 
work that they do. We met with the border agents and learned that they 
are working with a broken immigration system.
  Reforming this system is going to be complex, but the Republicans are 
proposing an enforcement-only strategy. This is not going to work.
  I propose that we expand legal pathways, restore asylum systems, and 
work with nonprofit organizations like the ones that housed me and 
cared for me when I was just arriving to this country.
  Mr. GREEN of Tennessee. Mr. Speaker, as a quick correction for the 
record,

[[Page H2227]]

the bill doesn't do anything to take away healthcare services provided 
by NGOs, just to clarify that.
  Mr. Speaker, I yield 3 minutes to the gentleman from Tennessee (Mr. 
Ogles), my friend from my home State.
  Mr. OGLES. Mr. Speaker, I rise in support of H.R. 2. I thank all of 
those who have worked on this important signature piece of legislation.
  I specifically want to point out and thank my friend and colleague 
from Tennessee, the chairman, Congressman Mark Green.
  Mr. Speaker, Lennox Lake, 6 years old, was killed by an illegal. 
Sarah Root, 21, was killed by an illegal. Maris DiGiovanni was killed 
by an illegal. Jacqueline Vigil, 55, was murdered by a man who had been 
deported on multiple occasions. Retired U.S. Army Lieutenant 
Colonel Jerry Wayne Harbour, 75, was killed by an illegal. Joseph 
``GT'' Paglia, a retired police officer, 48, was killed by an illegal. 
Michael White, retired U.S. Army officer, was killed by an illegal.

  These are just a few of the individuals and countless Americans who 
have been murdered at the hands of illegal aliens through a porous 
border that has long been a problem.
  What once was a trickle is now a flood. This administration that has 
overseen it is responsible for 10 consecutive months of over 200,000 
apprehensions.
  This crisis is the fault of this President so long as he refuses to 
enact policies to secure our border.
  Our border crisis is literally killing Americans. It is threatening 
the safety of communities. It is costing at least $151 billion every 
single year in de facto subsidies for those who break our laws.
  As we approach the end of title 42, it is imperative that we take 
action to secure our border and stop the flood of illegal aliens.
  The House Republican bill, the Secure the Border Act of 2023, will 
force Biden to restart the construction of the wall. It increases 
Border Patrol agents, requires transparency from the DHS, ends the 
practice of catch and release, and strengthens the asylum process.
  Again, I thank the Homeland Security Committee chairman and my fellow 
friend and Tennessean, Congressman Mark Green.
  Mr. THOMPSON of Mississippi. Mr. Speaker, H.R. 2 squeezes Customs and 
Border Patrol officers working at ports of entry by failing to provide 
resources to cover the increased workload that will result from the 
bill.
  If Republicans were serious about border security, they would have 
joined Democrats in passing last year's government funding bill, which 
appropriated $60 million to hire an additional 125 CBP officers.
  Mr. Speaker, I yield 3 minutes to the gentlewoman from New York (Ms. 
Clarke).

                              {time}  2000

  Ms. CLARKE of New York. Mr. Speaker, I thank Ranking Member Thompson 
for yielding.
  Mr. Speaker, I rise in opposition to the GOP's extreme and punitive 
immigration legislation, H.R. 2, also known as the child deportation 
act.
  This cruel legislation would force draconian restrictions and 
punishments on migrants and asylum seekers and set America's 
immigration priorities back years.
  At the cost of $6.1 billion, this bill would eliminate the right to 
asylum in America, a process millions upon millions have enjoyed over 
the generations. Vulnerable, desperate people and families have long 
depended on these laws for their safety and future.
  Moreover, it would affect the legal status of over 4 million people 
who would otherwise be granted parole or asylum.
  Instead of fostering immigration that strengthens our economy and 
empowers its growth, Republicans would rather throw our economy into a 
tailspin.
  So let's be clear: Any bill that would allow vulnerable migrant 
children to be inhumanely detained by Border Patrol for up to a month, 
to be ripped from their families and locked up from the world, is 
unacceptable. It is fundamentally un-American. ``Give me your tired, 
your poor, your huddled masses yearning to breathe free. . . . `' I 
need not remind you, Mr. Speaker, what those words adorn nor what they 
represent.
  To treat vulnerable people fleeing violence, famine, and persecution, 
who are looking for a better life in our Nation with such contempt, 
such vitriol, such callousness, is not leadership; it is cowardice.
  Though I am the daughter of Jamaican immigrants and know the 
struggles and challenges immigrant communities confront every day, my 
unique perspective on this issue should be irrelevant.
  Every American, no matter how long their families have called this 
country their own, should be outraged at a GOP that would codify 
migrant child abuse.
  Make no mistake: Regardless of H.R. 2's fate, America's immigration 
system is massively broken.
  The glaring inequities, blatant racism, vicious xenophobia, and civil 
rights violations immigrants face, particularly in immigrant 
communities of color, will persist beyond any one bill.
  As the Federal Government ends its use of title 42 and Democrats work 
to increase investments in border safety and personnel, open more 
lawful pathways and begin to address root causes of migration--
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield an additional 30 
seconds to the gentlewoman from New York.
  Ms. CLARKE of New York. It is beyond time for Congress to pass 
immigration policy that reflects humane, equitable, and a 21st century 
immigration system.
  We are a Nation of immigrants, founded by immigrants, so we must do 
better for immigrants. I will always stand against the limitless 
cruelty that has become synonymous with the MAGA movement and the 
cruelty they espouse.
  Mr. GREEN of Tennessee. Mr. Speaker, again, I am compelled to correct 
the Record. The bill very specifically states that family units will be 
kept together. There will be no separation of children. It very clearly 
is stated in the bill.
  Mr. Speaker, I yield 4 minutes to the gentleman from Texas (Mr. 
Pfluger), my very good friend.
  Mr. PFLUGER. Mr. Speaker, I thank the chairman for yielding.
  Mr. Speaker, I rise today in support of all Texans and all Americans 
whose lives have been put at risk by the untenable crisis at our 
southern border.
  Let's just look at the numbers. In the 2 years that this President 
has been in office, there have been over 5 million encounters at the 
southern border, 1.4 million got-aways, and countless numbers of people 
who matched not only the terrorist watch list, but also criminal 
organizations. That totals nearly 6\1/2\ million people.
  To put that in perspective, that is bigger than over 33 States in the 
United States. Among those 5 million, our Border Patrol have caught 
nearly 200 known and suspected terrorists trying to cross into our 
country illegally. This should not only concern every American, but it 
also outrages Americans who want law and order and safety to be 
considered.
  What I am even more concerned about is: How many among the 1.4 
million got-aways would match that list that we don't know about?
  This is something that I have been sounding the alarm bells for my 
entire time in Congress. It is something that, unfortunately, my 
Democrat colleagues have buried their heads in the sand and refused to 
address for the last 2 years.
  I could continue talking about the terrible numbers all day, about 
the 15,000 criminals arrested, the 14,000 pounds of fentanyl that have 
been seized, which, by the way, is enough to kill 3 billion people, and 
that is just in the last 6 months.
  Instead, I will turn the focus of today's discussion about border 
security back to the tragedies, the human tragedies, which are 
affecting every district, including mine.
  Americans like Elisa Tambunga whose 7-year-old daughter and 71-year-
old grandmother were tragically killed by human traffickers doing 105 
miles an hour with 11 illegal immigrants in the back seat who hit their 
car and instantly killed them. They are the victims.
  Let's talk about the 700 unaccompanied migrant children who have been

[[Page H2228]]

displaced and separated. These 700 unaccompanied migrants were dropped 
off in Midland, Texas, trafficked by traffickers away from their 
parents, and dropped off in the middle of the night. They are the 
victims.
  What about fathers like Joe Warnick of Odessa, Texas, who found his 
17-year-old son dead after taking a pill laced with fentanyl. He is a 
victim, along with 110,000 Americans last year who lost their lives 
to fentanyl.

  The 53 migrants who died in the sweltering heat in the back of a 
tractor trailer south of San Antonio, Texas, last year, they are the 
victims. These are real people.
  This is not just a border crisis. This is a national security 
emergency. Texans demand a solution.
  Today, I am proud to join my colleagues in supporting H.R. 2, the 
Secure the Border Act.
  The timing of this legislation could not be more precise with the 
ending of title 42. Our bill will force the administration to restart 
construction of the border wall. It will deploy much-needed technology 
to the border. It will increase the number of border agents and give 
them the well-deserved bonuses that they need to maintain their 
services.
  Several of my original provisions have been included in this package 
to require the administration to own up to the total number of known 
got-aways or known and suspected terrorists crossing the border each 
month, as well as outlining the costs that are incurred by States like 
Texas.
  Mr. President, how many more lives will be lost?
  How many will it take to take action?
  That is why Republicans are not ignoring this crisis. We are taking 
action. We are restoring the security of our border.
  I am extremely proud to stand here with Chairman Mark Green and his 
efforts, and Speaker McCarthy, to pass a bill that will finally secure 
the border and do what Americans put us here to do.
  The SPEAKER pro tempore. Members are reminded to direct their remarks 
to the Chair.
  Mr. THOMPSON of Mississippi. Mr. Speaker, H.R. 2 does nothing to 
combat illicit narcotics like fentanyl. If Republicans were serious 
about border security, they would have joined Democrats in passing last 
year's government funding bill, which provided $70 million for 
intrusive inspection technology at ports of entry where most dangerous 
drugs are interdicted.
  Mr. Speaker, I yield 3 minutes to the gentlewoman from Oregon (Ms. 
Salinas).
  Ms. SALINAS. Mr. Speaker, I rise in opposition to H.R. 2.
  My dad immigrated to the United States from Mexico when he was just a 
child. He picked cotton and tomatoes in the Rio Grande Valley before 
eventually earning his U.S. citizenship. Today, his daughter is a 
Member of the United States Congress and serves on the Agriculture 
Committee, a true testament to the unique power and promise of the 
American Dream.
  Migrant workers like my dad are the work engine of our agriculture 
industry today. That is a fact--maybe an inconvenient one for some of 
my colleagues--but a fact, nonetheless.
  By some estimates, immigrant farmworkers make up more than 70 percent 
of agricultural workers in the U.S. Nearly 175,000 immigrant 
farmworkers reside in Oregon alone. Their work is backbreaking, 
exhausting, and at times life-threatening. Yet, they show up, rain or 
shine, heat dome or ice storm, to do the work, to feed America--not red 
States or blue States, but every State.
  That is why I am completely stunned by the arrogance and 
shortsightedness of the majority.
  Are you so blinded by xenophobia that you are willing to endanger not 
only our food security but our national security with E-Verify 
requirements that even Members of your own party call a mistake?
  Democrats did offer an amendment to strike the E-Verify provision, 
but the majority defeated that amendment. Oh, my goodness.
  I am hoping that you can think beyond spinning your way out of the 
reality that this bill will decimate our agriculture industry. The 
American people are smarter than that and they will see through these 
political games.
  Turning employers into enforcers will result in nothing less than the 
collapse of our agricultural system and, with it, our ability to feed 
our great Nation. It would be a willful error of the highest magnitude, 
something the American people will never forgive or forget.
  Empty fields, empty tables, empty bellies; that is what H.R. 2 would 
do. That is why we must all be a ``no'' vote.
  The SPEAKER pro tempore. Members are reminded to direct their remarks 
to the Chair.
  Mr. GREEN of Tennessee. Mr. Speaker, may I inquire how much time 
remains on each side?
  The SPEAKER pro tempore. The gentleman from Tennessee has 28\1/4\ 
minutes. The gentleman from Mississippi has 17\1/2\ minutes.
  Mr. GREEN of Tennessee. Mr. Speaker, I yield 2 minutes to the 
gentleman from Texas (Mr. Luttrell), the American hero.
  Mr. LUTTRELL. Mr. Speaker, I rise to speak in support of H.R. 2, the 
Secure the Border Act of 2023.
  America is facing a crisis on our northern, southern, and maritime 
borders. Our Nation has witnessed a devastating effect of disastrous 
open border policies to date. For the past 2 years, over 5 million 
people have come into this country. That is more than the population of 
Louisiana and Mississippi combined.
  In my district, every day I have to face the families that have lost 
their babies from fentanyl. A few weeks ago, in San Jacinto County, a 
known cartel member who was taken out of the country, ended up 
murdering five innocent people in one of my counties.
  Now, thankfully, local law enforcement, FBI, State troopers, and 
BORTAC caught that bastard. These are the problems that we should not 
have.
  Mr. Speaker, we are criticized on this side of the aisle for our 
immigration policies, about DACA, where the funding is going.
  Well, I ask my colleagues on the other side of the aisle: You had 2 
years to fix DACA, where were you at?
  You had 2 years to fund our ports of entry, where were you at?
  You spent the money elsewhere.
  We are criticized and criticized about this bill, which is a step in 
the right direction, which starts to move and solve the problem.
  My colleagues on the other side, I ask you: Where have you been?
  We showed up. We came here to Congress in order to fix this problem. 
We pushed this legislation across, and all you can do is criticize. 
That is unacceptable.
  Mr. THOMPSON of Mississippi. Mr. Speaker, while the imposition of a 
nationwide E-Verify on all businesses found in this bill is not part of 
the Homeland Security division, it still affects me as a Member of 
Congress from a rural part of the country.
  I cannot overstate how damaging this language is to the agriculture 
labor in my district. Many of my rural Republican colleagues know this, 
too. To put it bluntly, if enacted, this bill will force American 
farmers to go out of business.
  Mr. Speaker, I include in the Record letters of opposition against 
the child deportation act from the AFL-CIO; SEIU, Service Employees 
International Union; and the Agriculture Workforce Coalition.


                                                      AFL-CIO,

                                      Washington, DC, May 8, 2023.
       Dear Representative, I am writing on behalf of the AFL-CIO 
     to urge you to oppose H.R. 2, the Secure the Border Act of 
     2023. This bill advances a divisive agenda that would 
     increase risks to the lives and livelihoods of workers, 
     children, and families. Rather than punitive, enforcement-
     only approaches, we urge Members to pursue meaningful reforms 
     that expand rights and protections for all.
       Successive waves of immigrants and refugees have always 
     helped to build, serve and feed our nation. Today is no 
     different. Far from posing a threat, newly arriving migrants 
     can make valuable contributions to our society when afforded 
     the proper supports to allow them to effectively integrate 
     into our communities. The labor movement is committed to 
     welcoming more refugees, asylum seekers and other forced 
     migrants and helping them to integrate into the workforce 
     with good union jobs.
       H.R. 2 fails to provide the effective and humane policy 
     solutions needed to address the flaws and injustices in our 
     immigration system. This bill would implement unbalanced

[[Page H2229]]

     policies focused on deterrence, detention, and removal that 
     violate key principles of human and worker rights. Among many 
     concerns, the bill seeks to severely restrict asylum, reduce 
     protections for children, limit relief options for the 
     administration, erode due process, expend taxpayer resources 
     on a border wall, strip funding for humanitarian programs, 
     and promote detention and deportation of immigrants and 
     families.
       Any serious attempt to use immigration policy to lift wages 
     and standards must start with a broad and inclusive pathway 
     to citizenship, not the costly expansion of a flawed 
     mechanisms that fail to ensure basic worker protections. 
     Unfortunately, the workforce provisions in H.R. 2 move us 
     further in the wrong direction. The bill would mandate the 
     use of E-Verify, which has often been used by employers as a 
     tool to bust unions and chill the exercise of workplace 
     rights. It would also cause significant harm to the workforce 
     by limiting the ability of asylum seekers to obtain work 
     authorization and stripping rules that were designed to lift 
     standards and wages for agricultural workers in the H-2A 
     program.
       As a nation, we must uphold our humanitarian obligations 
     and insist on strong protections and rights for all workers, 
     children and families, regardless of immigration status. 
     Amidst escalating displacement and exploitation, we urge you 
     to vote NO on the Secure the Border Act.
           Sincerely,
                                                   William Samuel,
     Director, Government Affairs.
                                  ____



                                                         SEIU,

                                     Washington, DC, May 10, 2023.
       Dear Representative: On behalf of the 2 million members of 
     the Service Employees International Union (SEIU), I urge you 
     to vote no on H.R. 2, the Secure the Border Act of 2023.
       SEIU opposes this bill in its entirety because it is built 
     on a false and small-minded premise that immigrants are a 
     menace to be feared, fought against, and punished. If we let 
     unfounded fear guide our immigration policies, we will 
     squander the powerful social and economic benefits that 
     immigrants provide. Immigrants today, like those of the past, 
     are a source of tremendous pride, productivity, and promise, 
     who make our nation stronger.
       Our laws should therefore be designed to promote their 
     orderly integration and thus to maximize the benefits they 
     provide. H.R. 2 takes the opposite approach. It offers no 
     solution to the real global challenges that are uprooting an 
     unprecedented number of persons worldwide, and it ranks among 
     the most extreme and unworkable immigration bills that have 
     ever received a vote in Congress.
       Among its many harmful provisions, H.R. 2 would endanger 
     children by mandating their incarceration with family members 
     and eliminating legal protections for unaccompanied children. 
     It would eliminate meaningful access to the asylum system for 
     many persons fleeing persecution, and deny work authorization 
     to individuals seeking asylum. It would criminalize visa 
     overstays of as little as 10 days, no matter how innocent the 
     explanation. It would expedite construction of Trump's 
     worthless and expensive wall at any cost. It would make E-
     Verify mandatory for all businesses after a short phase-in, 
     despite evidence that doing so would merely encourage the 
     growth of the black-market underground economy and that it 
     would impose a burden on small businesses. And it would limit 
     federal partnerships with nonprofit and faith-based groups, 
     and punish them financially for fulfilling their humanitarian 
     mission. Instead of proposing solutions, H.R. 2 would 
     actually encourage lawlessness by blocking lawful paths for 
     migrants fleeing nations in crisis, and denying work 
     authorization while applications are pending.
       Like most Americans, SEIU is frustrated by the lack of 
     progress towards the immigration reform that our nation 
     desperately needs. Such reform would legalize undocumented 
     immigrants, reform legal immigration pathways, and put 
     balanced procedures in place at the border that ensure order 
     and security as well as humane treatment. The toxic, 
     divisive, and mean-spirited measures that make up H.R. 2 
     would not do any of that, and SEIU urges you to vote no on 
     the bill. SEIU may include votes on this bill in our 
     congressional scorecard.
           Sincerely,
                                                Rebecca Wasserman,
     Government Relations Director.
                                  ____



                              Agriculture Workforce Coalition,

                                                   April 19, 2023.
     Hon. Jim Jordan, Chairman
     Hon. Jerrold Nadler, Ranking Member,
     House Committee on the Judiciary,
     Washington, DC.
       Dear Chairman Jordan and Ranking Member Nadler: We, the 
     Agriculture Workforce Coalition (AWC), are writing in 
     opposition to the consideration of the Border Security and 
     Enforcement Act of 2023 (H.R. 2640) without concurrent, 
     meaningful legislation to address the labor crisis faced by 
     America's farmers, ranchers and growers. As organizations 
     serving as the unified voice of agriculture in the effort to 
     ensure that America's farmers, ranchers and growers have 
     access to a stable and secure workforce now and in the 
     future, we believe that the reforms envisioned in H.R. 2640 
     relative to mandatory E-Verify, on their own, would cause 
     agricultural production to fall by $60 billion dollars, and 
     food prices to increase by 5-6 percent. This would be 
     crushing to an already struggling and vulnerable industry.
       Mandatory E-Verify without workable solutions for both the 
     domestic workforce and our H-2A employers puts these American 
     jobs, and the economies of communities across the country, in 
     jeopardy. As we have repeatedly stated, agriculture faces 
     unprecedented challenges from rapidly rising costs, many of 
     which are imposed by the federal government, as well as 
     competition from imported agricultural products typically 
     produced at a lower cost. American agriculture relies heavily 
     on foreign-born workers due to the extremely limited supply 
     of domestic farm labor. Continued inaction by Congress in 
     light of these realities will mean more fields lying fallow, 
     more farmers losing their livelihoods and fewer of the foods 
     we eat being grown in America.
       The economic impacts of this will spread far beyond the 
     farm gate as Americans working in industry sectors both 
     upstream and downstream of the farm will see their jobs 
     threatened. Studies have shown that each hired farm employee 
     supports 2 to 3 full-time American jobs in the food 
     processing, transportation, farm equipment, marketing, retail 
     and other sectors.
       The path forward is clear--Congress should pass a solution 
     that addresses both our current agricultural workforce and 
     modernizes our guest worker program to meet future needs. 
     Only then can we support the implementation of a mandatory E-
     Verify policy. The AWC remains committed to working with the 
     House Judiciary Committee members and others to develop 
     legislation that addresses agriculture's labor needs.
           Sincerely,
       American Farm Bureau Federation, AmericanHort, Florida 
     Fruit & Vegetable Association, International Fresh Produce 
     Association, National Council of Agricultural Employers, 
     National Council of Farmer Cooperatives, National Farmers 
     Union, National Milk Producers Federation, National Pork 
     Producers Council, National Potato Council, USA Farmers, U.S. 
     Apple Association, Western Growers Association.

                              {time}  2015

  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 3 minutes to the 
gentleman from Illinois (Mr. Sorensen).
  Mr. SORENSEN. Mr. Speaker, I rise today in opposition to H.R. 2.
  For years and years, politicians have kicked immigration reform down 
the road over and over and over again for future generations, they will 
have to address it. Unfortunately, the bill that we have today that we 
are considering just continues the trend.
  Our border must be secure. Make no mistake, we have to do everything 
that we can to prevent harmful drugs like fentanyl from destroying the 
lives of our kids and our families.
  We need real solutions. Lawmakers on both sides of the aisle want to 
solve our border crisis, but the bill in front of us today would only 
make our border less secure.
  The bill in front of us today does nothing to address the root causes 
of our system's backlog and only serves to gut our asylum ability, 
denying the protections to the people who need it the most.
  Gutting the few remaining pathways to claim asylum and kicking 
Dreamers out of the only country that they have ever known, it just 
accelerates the chaos and extremism and, in the end, all it does is 
harm our neighbors and our communities.
  Like many of my colleagues on both sides of the aisle, I support 
smart, targeted investments in border security and providing law 
enforcement the resources that they need to end the flow of weapons and 
fentanyl into our country.
  Speaker McCarthy just spoke about the dangerous people that were just 
caught this year, but I proposed an amendment that would have hired an 
additional 500 Customs and Border Protection officers at ports of entry 
to screen more people at the border.
  Another amendment that I provided would allow $50 million to expand a 
task force to go after fentanyl distributors.
  You know what? Speaker McCarthy and every Republican refused to 
consider these amendments in committee, ideas that have bipartisan 
support.
  Listen, the story of America, it is a story of immigrants, 
opportunity, and hard work. We have to push back against legislation 
that sows division and chaos. Let's come together to create an 
immigration system that works, that protects our Dreamers, and treats 
migrants humanely, ensuring that our hometowns are safe from drugs and 
crime.
  Mr. GREEN of Tennessee. Mr. Speaker, I hear from my colleagues across

[[Page H2230]]

the aisle the accusations that the legislation that is before us today 
is somehow xenophobic. I will remind my colleagues that the number of 
countries of people who are appearing at our southern border, breaking 
our laws are from over 140 countries, every single race, every single 
religion, almost all the nationalities of the world. This bill is about 
law and order. It is not xenophobic.
  I recall when I was there on the border, maybe it was three trips 
ago, some folks from Russia and Ukraine. This isn't xenophobic. This is 
about law and order.
  Mr. Speaker, I yield 2 minutes to the gentleman from Ohio (Mr. 
Miller).
  Mr. MILLER of Ohio. Mr. Speaker, treating migrants humanely, humanely 
as to where a young child will have to make a 300-mile journey, in 
which they have no idea what is ahead of them; they have to go with 
coyotes and drug traffickers, who, when they drop children across the 
border wall that does work, that is the nice things that they do to 
those children, and everyone here knows it, which is very upsetting.
  So treating them humanely would be responsible, and that is what this 
piece of legislation, H.R. 2, is.
  The southern border is in crisis. About 5 million people have 
illegally crossed into our country under President Biden's watch.
  The cartels have smuggled in 14,000 pounds of fentanyl.
  Border agents arrested 98 people, 98 people on the terror watch list 
in FY22.
  This crisis is the direct result of the Biden administration's failed 
policies, and every American knows it.
  Under President Trump, we had a secure border. All President Biden 
had to do was nothing. All he had to do was sit there and do nothing, 
but he couldn't even do that.
  Instead, he took 94 executive actions to reverse the progress made 
under Republican leadership. Unbelievable.
  Republicans are once again acting to protect our Nation from the 
gangs, drug cartels, and terrorists that exploit this crisis to hurt 
the American people.
  H.R. 2 resumes construction of the border wall. It pays our border 
agents what they need and what they deserve and hires them the help 
that they desperately need in terms of assets.
  Biden's border crisis has raged far too long. Enough is enough. I 
urge my colleagues to vote for this bill and to secure our southern 
border.
  Mr. THOMPSON of Mississippi. Mr. Speaker, the Congressional Budget 
Office estimates that the child deportation act provision requiring DHS 
to negotiate with El Salvador, Guatemala, and Honduras to return 
unaccompanied children will result in 550,000 children being deported 
back to the violence they fled from over a 10-year period.
  Mr. Speaker, H.R. 2 is an anti-immigrant and un-Christian bill, just 
as legislation previously introduced by Representative Roy was. That is 
why nearly 150 community and religious groups oppose it.
  Mr. Speaker, I include in the Record letters in opposition from 136 
community and religious groups, including Bethany Christian Services, 
Catholic Charities, and Union for Reform Judaism, Sojourners, U.S. 
Conference of Catholic Bishops, and the Jesuit Conference.
                                                      May 8, 2023.
     House of Representatives,
     Washington, DC.

   Vote Recommendation Opposing H.R. 2 Secure the Border Act of 2023

       Dear Representative: The undersigned state, local, and 
     national immigration, civil rights, public health, education, 
     religious, labor, climate justice, and other organizations 
     write to respectfully request that you VOTE NO on H.R. 2, the 
     Secure the Border Act of 2023, set to receive a vote on the 
     House floor on May 11. The bill would dismantle the asylum 
     system and cause immeasurable harm to immigrant communities. 
     The newly elected majority is driving an intentionally 
     divisive agenda to amplify anti-immigrant animus without 
     moral and effective policy solutions. We ask you to oppose 
     this anti-immigrant bill that would:
       1. Deport Unaccompanied Children. The bill would end Health 
     & Human Services funding for legal representation of 
     unaccompanied children in immigration proceedings, depriving 
     children of the attorneys their safety depends upon. It would 
     also provide only a cursory screening process for children at 
     the border, risking children's summary return to human 
     trafficking and other dangers. The bill subjects all 
     unaccompanied children to an accelerated removal process 
     worse than what currently exists, and allows for detention of 
     unaccompanied children in jail-like border facilities for up 
     to 30 days--ten times longer than permitted under current 
     law.
       2. End Asylum. The bill would effectively shut down our 
     current asylum system by adding dozens of new restrictions on 
     asylum, including eliminating the right to seek asylum for 
     those who cross the border between ports of entry and barring 
     asylum for those who transit through a third country. It 
     would make it nearly impossible for migrants to seek asylum 
     in the U.S. and significantly easier to deport asylum 
     seekers, including families and children, into harm's way. 
     This will only sow chaos at the border, rather than 
     ameliorating it.
       3. Restart `Remain in Mexico'. The bill would restart the 
     failed and dangerous Remain in Mexico program for all 
     migrants, including unaccompanied children who were 
     previously exempted under the Trump administration. Seeking 
     to unilaterally return asylum seekers to other countries 
     without consulting the receiving country nor the migrant 
     results in refoulement of the migrant to danger and 
     problematic foreign policy implications.
       4. Jail Immigrant Families. The bill would require family 
     detention for any families attempting to enter the U.S. to 
     seek asylum, as well as any families who previously entered 
     the U.S. without visas. Like all immigration detention, 
     family detention centers have a well-documented history of 
     abusive conditions, including inadequate medical care and 
     mental health deterioration for asylum seekers, survivors of 
     trauma, and children.
       5. Mandate E-Verify. The bill would require E-Verify for 
     all employers in the U.S., severely damaging our economy, 
     harming American workers, and resulting in billions of 
     dollars in lost government revenue. National implementation 
     of E-Verify raises concerns about efficiency, due process, 
     and racial profiling and decreased employment among Latinos.
       6. Gut Programs that Work: The bill would strip funding for 
     the Alternative To Detention Case Management Pilot Program, 
     Office of Immigration Detention Ombudsman, and the vital 
     Shelter and Services Program, which has helped communities 
     around the country receive reimbursement for costs related to 
     humanitarian responses to migration. These programs have been 
     effective at providing services crucial to preventing more 
     deaths under CBP custody and immigrant detention and have 
     reduced impacts on receiving communities.
       7. Burden our Local Communities by Making it Impossible for 
     Employers to Hire Asylum Seekers with Work Authorization. 
     This bill eliminates work authorization for asylum seekers 
     who cross between ports of entry and requires six month 
     renewal periods for asylum-based employment authorization. 
     Combined with USCIS processing time, this would effectively 
     make it impossible for businesses, even in the face oflabor 
     shortages, to employ asylum seekers. These provisions will 
     exponentially increase the backlogs at users and make it even 
     more difficult for USCIS to timely process applications. This 
     runs counter to bipartisan efforts to improve the employment 
     authorization process for asylum seekers and will create an 
     unnecessary burden on local communities.
       8. Undermine Essential Partnerships with Humanitarian 
     Organizations. The bill would bar any and all DHS funding for 
     NGOs, including faith-based NGOs, that provide shelter, 
     transportation, food or legal assistance to vulnerable 
     immigrants, including those who arrive on a visa and later 
     become ``inadmissible.'' Congress should be investing more in 
     non-profit organizations providing respite care, legal 
     service providers, trauma-informed care and community-based 
     service providers, not subjecting them to the punitive 
     measures in this legislation. This measure would impact NGOs 
     across the country that receive DHS funding, including 
     organizations working with FEMA during an emergency-it's 
     ``show me your papers'' for the Red Cross.
       9. Resume Building Trump's Border Wall. The bill would 
     restart the construction of the border wall, a harmful waste 
     of taxpayer resources. It would allow DHS to exempt all 
     border infrastructure construction, development, operation, 
     and maintenance from any law except the Constitution, thereby 
     reducing the rule of law at our borders. The bill would also 
     restrict the ability for landowners, local communities and 
     tribes to assert legal challenges opposing the construction 
     of the wall, and thus pave the way for irreparable and 
     unchecked harms to the borderlands. We have already seen the 
     negative consequences from the Trump Administration era 
     resulting in: bulldozed Native American burial sites; 
     dynamited pristine mountain wilderness; segments of the wall 
     being constructed in flood plains; and the unjust seizing of 
     private ranches and farmlands.
       10. Eliminate Parole Authority. The bill would decimate the 
     parole power that presidents historically have used to parole 
     individuals in response to humanitarian emergencies or in 
     furtherance of foreign policy objectives. It also precludes 
     the President's recent parole programs for Ukrainians, 
     Afghans, Cubans, Haitians, Nicaragruans, and Venezuelans, and 
     cuts work authorization for parolees.
       11. Jail Any Person who Overstays a Visa. The bill would 
     jail and penalize immigrants who have violated any condition 
     of their visa or overstayed by 10 days or more, even for 
     violations that occur due to circumstances beyond the 
     individuals' control such as a medical emergency. This 
     provision would even make it a crime for anyone on a visa to 
     apply for asylum, given they would not have

[[Page H2231]]

     left once their visa expired. Congress should focus on 
     solutions that regularize the status of long-term residents 
     and fix our broken immigration system.
       12. Balloon Border Agents. The bill would require Border 
     Patrol to hire enough agents to reach 22,000 on board 
     (currently there are roughly 19,500) and restrict Border 
     Patrol agents from performing ``duties of processing 
     coordinators.'' Processing coordinators currently perform 
     duties such as transporting and processing migrants and 
     carrying out mandatory welfare checks. With only around 1,000 
     processing coordinators currently in the field, this 
     restriction would seriously hinder Border Patrol's efforts to 
     fairly and efficiently process asylum seekers and carry out 
     their law enforcement mission. CBP is overfunded with funding 
     streams that push resources towards enforcement and wasteful 
     surveillance, while humanitarian needs go underfunded.
       We urge you to vote in ways that protect immigrants and 
     VOTE NO against H.R. 2, the Secure the Border Act of 2023 in 
     the upcoming floor vote. We must oppose racist, xenophobic, 
     unconstructive proposals that add fuel to hate and present no 
     constructive and moral solutions. Thank you for your time and 
     attention.
           Sincerely,
       National Organizations:
       #WelcomeWithDignity Campaign, African Communities Together, 
     Alianza Americas, America's Voice, American Civil Liberties 
     Union, American Federation of Teachers, American Immigration 
     Council, American Immigration Lawyers Association, American 
     Psychological Association, American-Arab Anti-Discrimination 
     Committee (ADC), Asian Americans Advancing Justice  
     AAJC, Asian Pacific Institute on Gender-Based Violence, 
     ASISTA.
       Asylum Seeker Advocacy Project (ASAP), Bend the Arc: Jewish 
     Action, Bethany Christian Services, Bridges Faith Initiative, 
     Center for Gender & Refugee Studies, Center for Law and 
     Social Policy, Center for Popular Democracy (CPD), Center for 
     Victims of Torture, Children's Defense Fund, Chispa LCV, 
     Church World Service, Coalition on Human Needs, Communities 
     United for Status & Protection (CUSP), Community Change 
     Action, Detention Watch Network.
       Esperanza United (formerly Casa de Esperanza: National 
     Latin@ Network), Freedom for Immigrants, Freedom Network USA, 
     Friends Committee on National Legislation, Futures Without 
     Violence, Human Rights Campaign, Human Rights First, Human 
     Rights Watch, ILRC, Immigration Equality Action Fund, 
     Immigration Hub, Immigration Law & Justice Network, 
     Indivisible, Jesuit Refugee Service/USA, Kino Border 
     Initiative.
       Latin America Working Group, Lawyers for Good Government, 
     League of Conservation Voters, Maryknoll Office for Global 
     Concerns, MoveOn, MPower Change Action Fund, National Council 
     of Jewish Women, National Education Association, National 
     Employment Law Project, National Immigrant Justice Center, 
     National Immigration Law Center, National Immigration Project 
     (NIPNLG), National Korean American Service & Education 
     Consortium (NAKASEC), National Lawyers Guild San Francisco 
     Bay Area Chapter, National Network for Arab American 
     Communities (NNAAC).
       National Network for Immigrant and Refugee Rights (NNIRR), 
     National Partnership for New Americans, NETWORK Lobby for 
     Catholic Social Justice, Nextgen America, Oxfam America, 
     People's Action, Prevention Institute, RAICES, Reconstructing 
     Judaism, Reconstructionist Rabbinical Association, Restaurant 
     Opportunities Centers United, Save the Children, Service 
     Employees International Union (SEIU), Sisters of Mercy of the 
     Americas Justice Team, Sojourners, Southern Border 
     Communities Coalition, T'ruah: The Rabbinic Call for Human 
     Rights.
       UnidosUS, Union for Reform Judaism, Unitarian Universalist 
     Association, Unitarian Universalists for Social Justice, 
     United Church of Christ Justice and Local Church Ministries, 
     United We Dream, Washington Office on Latin America (WOLA), 
     WE ACT for Environmental Justice, Witness at the Border, 
     Women's Refugee Commission, Young Center for Immigrant 
     Children's Rights.
       State and Local Organizations:
       ACLU People Power Fairfax, Adhikaar, Al Otro Lado, Alliance 
     of Californians for Community Empowerment (ACCE), Alliance 
     San Diego, Americans for Immigrant Justice, Asian Americans 
     Advancing Justice-Atlanta, AVAN Immigrant Services, Border 
     Compassion Nonprofit, Border Patrol Victims Network, 
     California Immigrant Policy Center, California Rural Legal 
     Assistance Foundation (CRLA Foundation), Carolina Jews for 
     Justice, Central American Resource Center of Northern CA--
     CARECEN SF, Chispa Arizona, CLUE-Clergy and Laity United for 
     Economic Justice.
       Coalicion de Derechos Humanos, Coalition for Humane 
     Immigrant Rights (CHIRLA), Diocesan Migrant and Refugee Svcs 
     inc, Dorothy Day Catholic Worker, Washington DC, Fellowship 
     Southwest, Florence Immigrant & Refugee Rights Project, 
     Florida Immigrant Coalition, Fresh Start Refugee Assistance 
     Center, Houston Immigration Legal Services Collaborative, 
     Immigrant Legal Advocacy Project, Interfaith Movement for 
     Human Integrity, Jewish Alliance for Law and Social Action, 
     Journey to Asylum, Just Neighbors Ministry, Las Americas 
     Immigrant Advocacy Center, Louisiana Organization for 
     Refugees and Immigrants.
       Make the Road CT, Make the Road NV, Make the Road 
     Pennsylvania, Massachusetts Immigrant and Refugee Advocacy 
     Coalition, Michigan Immigrant Rights Center, Oasis Legal 
     Services, Samaritans, SEIU CA, SEiU United Service Workers 
     West, St. Mark's Presbyterian Church, St. Michael's 
     University Church, Tennessee Justice for Our Neighbors, Texas 
     Civil Rights Project, The Advocates for Human Rights, The 
     Green Valley/Sahuarita Samaritans, The Resurrection Project, 
     Tucson Samaritans, Wind of the Spirit Immigrant Resource 
     Center.
                                  ____



                                       Catholic Charities USA,

                                                      May 8, 2023.
     Hon. Kevin McCarthy,
     Speaker, House of Representatives,
     Washington, DC.
     Hon. Hakeem Jeffries,
     Minority Leader, House of Representatives,
     Washington, DC.
       Dear Speaker McCarthy and Minority Leader Jeffries: As 
     President of Catholic Charities USA (CCUSA), I wish to 
     express our strong opposition to the Secure the Border Act of 
     2023 (H.R. 2). If adopted, this legislation would severely 
     restrict vulnerable people's access to asylum, detain more 
     families including children, undermine U.S. efforts to 
     effectively manage immigration, and dismantle the public-
     private infrastructure currently in place to manage the 
     humanitarian crisis at the southern border and its impact 
     throughout the country.
       The gospel calls us to provide shelter for those who are 
     homeless, feed the hungry, and ``welcome the stranger.'' The 
     work of Catholic Charities is humanitarian not political. 
     While we do not oppose all the provisions in H.R. 2, several 
     of them, if enacted, would severely hinder the government and 
     nongovernmental organizations (NGOs) from aiding migrants who 
     need services, care, and assistance.
       The proposed legislation would reverse many protections for 
     migrants and restrict asylum access, including long-standing 
     protections that promote the best interest and safety of 
     unaccompanied children who arrive in the United States. H.R. 
     2 would defund Alternatives to Detention (ATD) programs that 
     provide participants access to basic services such as 
     housing, medical care, and legal representation. 
     Additionally, H.R. 2 would prohibit funding to the Department 
     of Homeland Security (DHS) for disbursement to faith-based 
     organizations and other NGOs, effectively cancelling the 
     cooperation of these organizations with federal, state, and 
     local governments in receiving newcomers, combatting human 
     trafficking, addressing homelessness, and responding to 
     natural disasters and other emergencies. The end result would 
     be the dismantling of a system to help migrants and local 
     communities rather than its improvement to meet the 
     challenges of the moment.
       No one can deny our immigration system is broken. Moreover, 
     the situation at the southern border is dire and needs a 
     compassionate, humane, and orderly response. However, many of 
     the provisions in H.R. 2 are contrary to these values and 
     will threaten the lives of vulnerable persons seeking refuge, 
     burden state and local communities, and disrupt our nation's 
     ability to respond to disasters.
       While we strongly oppose this legislation, we continue to 
     call on Congress and the administration to work together to 
     reform our immigration system and to support policies that 
     are just, humane and well-coordinated. We look forward to 
     continuing to work with you to find solutions that uphold 
     human dignity and promote the common good.
           Sincerely,

                                Sister Donna Markham, OP, PhD,

                                                  President & CEO,
     Catholic Charities USA.
                                  ____


                     [From Sojourners, May 8, 2023]

 Safety and Compassion Can Exist Without Extreme Measures. Sojourners 
Urges Representatives to Vote no on H.R. 2., the Secure the Border Act 
                                of 2023

       Washington, D.C.--In response to H.R. 2, the Secure the 
     Border Act of 2023, Sojourners released the following 
     statement:
       On May 11, 2023, the U.S. House of Representatives is set 
     to vote on H.R. 2, the Secure the Border Act of 2023. If 
     passed, the bill will harm millions of migrants fleeing 
     violence from their home countries by effectively dismantling 
     the asylum system. The bill would also have a negative 
     economic impact on local communities by denying work 
     authorization to asylum seekers who traveled through a third 
     country or who cross between ports of entry. Unaccompanied 
     minors will be at risk of further danger as the bill seeks to 
     end the Department of Health and Human Services' funding for 
     legal representation.
       At Sojourners we have long embraced a consistent ethic of 
     life, seeking to protect the dignity and sanctity of life; 
     our migrant family around the globe must be included in this 
     commitment. Ending asylum will mean certain death for many of 
     our most vulnerable siblings seeking protection; including 
     women and children who have already faced a traumatic journey 
     as they seek safety in the U.S. We urge representatives to 
     oppose H.R. 2, the Secure the Border Act of 2023, as it is an 
     assault on the inherent dignity and worth of human beings 
     seeking refuge and it violates current U.S. immigration law 
     and international treaties.
       ``We take the word of God seriously, so when Jesus' words 
     in Matthew 25 tell us to `welcome the stranger,' we cannot 
     sit idly by

[[Page H2232]]

     as Christians and allow injustice in our nation by ending 
     asylum and denying welcome to our migrant family,'' said Rev. 
     Adam Russell Taylor, President of Sojourners.
       ``As someone who has accompanied and become legal guardian 
     of unaccompanied minors fleeing for their lives, the negative 
     impact this bill will have would not only endanger the 
     physical lives of migrants but also risk the soul of our 
     nation--it is up to us as followers of Jesus to embody his 
     teachings and speak up and take action against this inhumane 
     bill,'' said Vanessa Martinez Soltero, Immigration Narrative 
     and Power-Building Organizer at Sojourners.
       ``To seek asylum is a human right guaranteed by U.S. 
     immigration laws and enshrined in the U.N. declaration of 
     Human Rights and the Refugee Convention of 1951. Decades of 
     humanitarian migration give witness to the horrors that 
     people seeking asylum experience. The U.S. inspection 
     protocols, thorough background checks, and rigorous 
     screenings have consistently proven that safety and 
     compassion can go hand in hand. Instead, leaders of the 
     Republican Party are instilling fear and capitalizing on the 
     end of Title 42, the health policy that prevented asylum 
     seekers from presenting themselves at the border, to wield an 
     anti-immigrant agenda through the introduction of H.R. 2.'' 
     said Sandra Ovalle, Director of Campaigns and Mobilizing, 
     Sojourners.
                                  ____

         United States Conference of Catholic Bishops, Committee 
           on Migration,
                                       Washington DC, May 5, 2023.
       Dear Representative: I write on behalf of the U.S. 
     Conference of Catholic Bishops' (USCCB) Committee on 
     Migration to express our strong opposition to H.R. 2, the 
     ``Secure the Border Act of 2023.'' If enacted, this measure 
     would fundamentally weaken our nation's decades-long 
     commitment to humanitarian protection. Provisions of this 
     bill would endanger unaccompanied children and inflict harm 
     on other vulnerable persons, decimate access to asylum, 
     mandate damaging detention and removal practices, restrict 
     access to legal employment, limit--and potentially 
     eliminate--federal partnerships with faith-based and other 
     nongovernmental organizations (NGOs), undermine the rule of 
     law, and more.
       We do not question the good intentions of lawmakers who 
     seek to enact legislation that would secure our nation's 
     borders. Indeed, we join in the call to enact effective and 
     humane border management as part of a framework of 
     comprehensive immigration reforms. As stated previously, we 
     also do not discount the challenges at our border with 
     Mexico, nor the right of nations to maintain their borders. 
     We have continuously acknowledged the right of sovereign 
     states to impose certain juridical conditions on immigration 
     for the sake of the common good, consistent with Catholic 
     teaching. However, our faith also compels us to be ``vigilant 
     advocate[s], defending against any unjust restriction [on] 
     the natural right of individual persons to move freely within 
     their own nation and from one nation to another'' and to call 
     attention ``to the rights of migrants and their families and 
     to respect for their human dignity, even in cases of non-
     legal immigration.''
       Pope Francis has stated that ``safe, orderly, regular and 
     sustainable migration is in the interest of all countries.'' 
     Undoubtedly, effective border management is necessary to 
     achieve that. However, H.R. 2 would not humanely secure our 
     border with Mexico or help to alleviate increased migration 
     throughout the Western Hemisphere.
       We understand that there may well be a number of provisions 
     in this bill that you support. However, this legislation 
     contains such a combination of harmful measures that we 
     believe its passage, on the whole, is beyond justification. 
     Such provisions include those that would:


                    Endanger Unaccompanied Children

       We are deeply concerned about the impact this bill would 
     have on unaccompanied children (UC). The measure would 
     override many of the fundamental protections put in place by 
     the William Wilberforce Trafficking Victims Protection 
     Reauthorization Act of 2008 and the Flores Settlement 
     Agreement. For example, it would eliminate protections for 
     young children and children with intellectual disabilities by 
     removing the requirement that Department of Homeland Security 
     (DHS) officials ascertain whether a child is able to make an 
     independent decision to withdraw his or her application for 
     admission to the United States prior to possible removal. It 
     would also subject every UC to expedited screening and, for 
     those deemed eligible at that time, appearance before an 
     immigration judge within 14 days, without any meaningful 
     access to legal counsel or a child advocate. This is coupled 
     with a provision that would abolish all existing government-
     funded legal representation programs for UC. Furthermore, the 
     bill would eliminate the current requirement that UC be 
     transferred to the custody of the Department of Health and 
     Human Services (HHS) within 72 hours of being encountered by 
     DHS, and those deemed ineligible for relief by Customs and 
     Border Protection (CBP) could be detained indefinitely by 
     DHS. Detention facilities operated by DHS are notoriously 
     inadequate places for children to spend any length of time. 
     Collectively, these and other changes made by the bill would 
     intolerably alter how our country responds to these 
     vulnerable children, many of whom suffer severe trauma before 
     even reaching our border.


                       Decimate Access to Asylum

       As conveyed earlier in the 118th Congress, we oppose 
     efforts to inhibit meaningful access to our nation's asylum 
     process, which this bill would do in several ways. For 
     instance, it would eliminate asylum as an option for anyone 
     who enters the United States in between ports of entry with 
     no exceptions for highly vulnerable individuals, including 
     unaccompanied children. However, under this bill, even the 
     ability to seek asylum at a port of entry could effectively 
     be blocked in favor of ``operational control'' for any person 
     without a visa, as well as those who transited a third 
     country before seeking asylum in the United States. This is 
     coupled with provisions that, among other things, bar asylum 
     for anyone who makes a claim based on resistance to 
     recruitment or coercion by criminal or terrorist 
     organizations, effectively requiring that persecution be 
     carried out by the state, even in situations where the state 
     is unwilling or unable to intervene in persecution committed 
     by non-state actors. Such limitations are inconsistent with 
     international agreements acceded to by the United States and 
     longstanding precedent. They also demonstrate a concerning 
     disregard for the prominence and impunity enjoyed by criminal 
     and terrorist organizations in many countries. Furthermore, 
     the bill would require a fee of ``not less than $50'' for 
     each asylum application filed without the possibility of a 
     waiver. The right to seek asylum should never hinge entirely 
     on one's ability to pay for it. It is already difficult to 
     qualify for asylum under existing law, and further limiting 
     asylum eligibility in these ways will merely increase 
     obstacles to potential relief for those with bona fide 
     claims.


            Mandate Damaging Detention and Removal Practices

       As mentioned, the bill would subject unaccompanied children 
     to indefinite detention by DHS. This would also be extended 
     to families with children on a mandatory basis and seems to 
     apply retroactively, meaning families already awaiting the 
     completion of their immigration proceedings for any length of 
     time before enactment of the bill would be required to be 
     remanded to immigration detention. Moreover, suggesting a 
     disregard for accountability and the wellbeing of persons 
     placed in immigration detention, the bill would defund the 
     Office of the Immigration Detention Ombudsman, curtailing 
     oversight at the same time it maximizes detention for all 
     individuals, families, and unaccompanied children. Likewise, 
     the bill would eliminate funding for the Case Management 
     Pilot Program, a more humane and cost-effective alternative 
     to detention specifically designed to facilitate compliance 
     with immigration proceedings, even for those ultimately 
     deemed ineligible for relief in the United States. For asylum 
     seekers who enter the United States from Canada or Mexico 
     (whether at or between ports of entry) who cannot be detained 
     or removed, the bill requires that they be returned to the 
     contiguous country from which they arrived and remain there 
     for the duration of their immigration proceedings. In seeking 
     to revive an expanded version of the immoral and unlawful 
     Migrant Protection Protocols, the bill dismisses the need for 
     diplomatic negotiations and creates significant 
     constitutional questions.


                    Restrict Legal Employment Access

       Eligibility for employment authorization is already limited 
     under existing law for those seeking asylum. However, this 
     bill would go even further by requiring that eligible asylum 
     seekers (those whose cases have been pending for at least 180 
     days) reapply for employment authorization every six months. 
     These applications to renew work authorization will compound 
     the existing backlog for immigration benefits adjudicated by 
     U.S. Citizenship and Immigration Services (USCIS), further 
     delaying all manner of benefits under the agency's purview. 
     Because USCIS processing times already exceed six months for 
     many seeking employment authorization, it could be impossible 
     for an asylum seeker to attain lawful employment at all under 
     the terms of this bill, regardless of how long his or her 
     case is pending. The measure would also prevent most people 
     granted humanitarian parole from seeking employment 
     authorization. These changes would only encourage asylum 
     seekers and parolees to pursue employment without 
     authorization or else leave them with no choice but to rely 
     on social services, charity, and emergency care to meet their 
     basic needs.


                  Limit Federal Partnerships with NGOs

       Multiple provisions of this bill target NGOs that partner 
     with DHS to provide a myriad of services to citizens and 
     noncitizens alike. Ostensibly, these provisions would prevent 
     the disbursement of DHS funding to NGOs that ``facilitate or 
     encourage unlawful activity, including unlawful entry,'' as 
     well as those that ``provide, or facilitate the provision of, 
     transportation, lodging, or immigration legal services to 
     inadmissible aliens.'' In both cases, this language is overly 
     broad, ambiguous, and unworkable. Given their vast expertise 
     and the trust they've earned from American communities, many 
     Catholic and other faith-based organizations have long 
     partnered with DHS to provide a range of services, including 
     disaster relief, assistance for lawful immigrants

[[Page H2233]]

     seeking to naturalize as U.S. citizens, humanitarian relief, 
     services for victims of trafficking, and more. The phrase 
     ``inadmissible aliens'' would be difficult, if not 
     impossible, for NGOs to apply, since admissibility of 
     noncitizens is not always readily apparent and, indeed, is 
     often a matter to be adjudicated by the government. Contrary 
     to the same subsection's heading, ``inadmissibility'' is also 
     not an indicator of unlawful entry into, or unlawful presence 
     in, the United States. As drafted, these provisions could 
     even be interpreted to prevent schools, houses of worship, 
     and other organizations from qualifying for the Nonprofit 
     Security Grant Program amid a rise in violent attacks on 
     those places. Equally concerning is that the same section of 
     the bill would prevent any funds from being appropriated to 
     DHS for the purpose of processing into the United States any 
     persons arriving between ports of entry, calling into 
     question DHS' ability to rescue persons encountered in the 
     desert in life-threatening circumstances and process 
     unaccompanied children, victims of trafficking, victims of 
     torture, and others who-even under the bill's own terms-would 
     warrant such processing.


               Diminish the Humanitarian Parole Authority

       Humanitarian parole has been used by every administration, 
     whether Republican or Democrat, since President Dwight D. 
     Eisenhower, who directed the Attorney General to parole into 
     the United States 15,000 Hungarian refugees fleeing the 
     Hungarian Revolution of 1956. The use of parole has often 
     been necessitated by emergencies emanating from war and other 
     conflicts--situations in which such a streamlined mechanism 
     proved vital to save lives. Even when Congress enacted the 
     Refugee Act of 1980, largely due to dissatisfaction with the 
     executive branch's use of parole, it chose to preserve this 
     discretionary authority, acknowledging the need to ``avoid 
     crippling the [United States'] ability to respond to [such] 
     emergencies.'' This bill, however, would abandon that 
     realistic understanding by severely limiting the use of 
     parole in such situations. It would also restrict the use of 
     parole for those seeking asylum, such that it would 
     effectively be unavailable, furthering the unnecessary and 
     inhumane use of detention.


             Expedite Border Wall Construction at Any Cost

       We have long opposed the construction of a wall spanning 
     the entire U.S.-Mexico border, especially with the dangers it 
     poses to human life and the environment. However, this bill 
     would establish unprecedented authorities to advance border 
     wall construction, which include the ability of the Secretary 
     of Homeland Security to waive ``all legal requirements 
     necessary'' to ensure the wall's expeditious design, testing, 
     construction, and maintenance. This is combined with a 
     prohibition on consultation with local leaders and property 
     owners, among others, that exceeds seven days, with the 
     purpose of such consultation being to ``minimize the impact 
     on natural resources, commerce, and sites of historical or 
     cultural significance for the communities and residents'' 
     (removing existing references to ``quality of life'') located 
     near the border. The bill would effectively undermine 
     constitutional property rights and further abrogate the 
     rights of those living near the border by prioritizing 
     federal land acquisition above such rights.
       This is by no means an exhaustive explanation of the 
     objectionable provisions contained within H.R. 2, given, for 
     example, its criminalization of visa overstays for the first 
     time in our country's history (even if inadvertent or based 
     on a pending adjustment of status) and its E-Verify mandate 
     for all employers, among other issues. Nevertheless, the 
     provisions discussed underscore the extreme nature of this 
     bill, its incompatibility with Catholic social teaching, and 
     its inconsistency with our nation's broadly bipartisan 
     commitment to humanitarian protection.
       We take this opportunity to reiterate that ``[n]o 
     combination of legal pathways or harsh enforcement measures 
     will suffice to meet the complex challenge of forced 
     migration facing our country and hemisphere. Only through a 
     long-term commitment to addressing root causes and promoting 
     integral human development throughout the Americas, combined 
     with an overhaul of our immigration system, will we be able 
     to achieve the conditions necessary to sustainably reduce 
     irregular migration.''
       For these reasons, we urge you to oppose the passage of 
     H.R. 2 and to support the drafting of bipartisan legislation 
     that is more in keeping with our nation's rich tradition of 
     welcome. We remain committed to working with you and the 
     Administration to address the complex issue of migration, 
     including the need for humane border management that respects 
     the God-given dignity of migrants. Thank you for considering 
     our views and for your work in service of the common good.
           Sincerely,

                                  Most Reverend Mark J. Seitz,

                                                Bishop of El Paso,
     Chairman, USCCB Committee on Migration.
                                  ____

                                                Jesuit Conference,


                                Office of Justice and Ecology,

                                      Washington, DC, May 9, 2023.
     House of Representatives,
     Washington, DC.
       Dear Representative: On behalf of the Jesuit Conference 
     Office of Justice and Ecology, I write to express our strong 
     opposition to HR 2, the Secure the Border Act, which would 
     drastically limit the ability to seek asylum in the U.S. The 
     bill fails to treat our migrant brothers and sisters with the 
     dignity we all share as beloved children of God.
       Every day, our neighbors arrive at the border asking for 
     help, many fleeing violence and persecution. Yet since the 
     beginning of the pandemic, most of those arriving at our 
     southern border have been expelled without even an 
     opportunity to present their case for asylum.
       HR 2 would drastically limit the ability to seek asylum in 
     this country, require the detention of families, and make it 
     much more likely that migrants seeking safety are deported 
     into dangerous situations. Furthermore, it would cause chaos 
     at the border and significantly undermine the ability of 
     humanitarian organizations to provide essential services.
       While the United States has a responsibility to protect its 
     borders, it also has an obligation to provide protection to 
     those fleeing violence and persecution in their own 
     countries. This legislation falls well short of that 
     obligation, violating central tenets of the Christian faith 
     that call us to welcome the stranger and love our neighbors 
     as ourselves.
       As people of the Gospel, we ask you to oppose these efforts 
     and help keep our country a place where those fleeing 
     persecution can find safe haven.
           Sincerely,
                                              Rev. Ted Penton, SJ,
                                 Secretary of Justice and Ecology.

  Mr. Thompson of Mississippi. Mr. Speaker, I reserve the balance of my 
time.
  Mr. GREEN of Tennessee. Mr. Speaker, I yield 3 minutes to the 
gentleman from Texas (Mr. Cloud).
  Mr. CLOUD. Mr. Speaker, Ronald Reagan once said that it isn't that 
our liberal friends are ignorant; it is just that there is so much they 
know that isn't so.
  As you hear the talking points coming from the left concerning this 
bill, with all the Chicken Little arguments that they are presenting 
about how the world is going to collapse, farmers won't be able to grow 
things, and our economy will crumble if we secure our border, it is 
just plain ridiculous.
  I live in south Texas in what they call the ``fatal funnel,'' in 
between two highways that lead from the border into Houston, which has 
become known as the human trafficking capital of the United States.
  I visited facilities where 50 percent of the young women there, of 
hundreds of young women, will admit to being assaulted along the 
journey. I have visited the border and seen the families that have had 
their lives destroyed by what is going on at the border. Of course we 
know about the fentanyl deaths, hundreds of thousands of them.
  To hear the talking points coming from the left that securing our 
border is un-Christian is absolutely ridiculous. I am both a Christian 
and the husband of an immigrant. I can tell you; I was there when my 
wife put her hand on her heart and said the Pledge of Allegiance for 
the first time as an American, and it really meant something. That is 
the right way to do it.
  We have a legal process, and we have an illegal process that the left 
continues to fund and continues to partner with the cartels and 
continues to allow them to profit to the tune of billions and billions 
of dollars, to advance an illegal process when we need to enforce the 
legal process. We have a right way to do it, and we can do it.
  This bill secures our border. The fact of the matter is that the 
Democrats just don't seem to really care. They don't care about the 
lives that are being destroyed. They don't care about the people that 
are dying. They don't care about the young girls being sold into the 
sex trade.
  This administration has lost tens of thousands of kids and so for all 
the tears that were happening under the Trump administration as he 
worked to secure the border, where is the outcry for the tens of 
thousands of kids this administration cannot track?
  They are willing to fund the border in other countries. They just 
funded a bill in December. We passed an omnibus bill where they were 
willing to fund border security in Libya, Lebanon, Pakistan, Nepal, and 
Turkey. But here in the United States of America, securing our border 
is not something the Democrats want to do.
  Of course, yeah, we will get around to it. We just won't vote for 
anything that will do it. They had the chance to do it. They did not do 
it.
  This bill will help secure our border. We need to pass it. I 
encourage a ``yes'' vote.

[[Page H2234]]

  

  Mr. THOMPSON of Mississippi. Mr. Speaker, the Congressional Budget 
Office estimates that the bill would ``affect the legal status of about 
4.4 million people who would be granted parole or asylum under current 
law.''
  Parolees fleeing war in Ukraine and the Taliban in Afghanistan, as 
well as those from Haiti and other failed countries in this hemisphere 
would be required to leave the United States, and CBO anticipates that 
``half would reside unlawfully in the United States.''
  Mr. Speaker, I reserve the balance of my time.
  Mr. GREEN of Tennessee. Mr. Speaker, I yield 4 minutes to the 
gentleman from Texas (Mr. Babin).
  Mr. BABIN. Mr. Speaker, I am up here in my capacity as not only a 
United States Congressman, but also one of the co-chairs of the House 
Border Security Caucus.
  On a monthly basis, we have had dozens of speakers come to speak to 
our Caucus. Normally, there are probably 30 who are present, but we 
have an enrollment in our Caucus of about 60 to 70, quite frankly.
  It is amazing to me to hear our colleagues and friends on the other 
side of the aisle talk about humanity and humane treatment because I 
remember in the previous administration, when we had these so-called 
kids in cages.
  I took a congressional delegation down to the Rio Grande Valley, we 
went to Donna, Texas, to see one of the detention facilities. After 
that, we went out to Carrizo Springs to the HHS facility there. Then we 
went, at a later time, to Fort Bliss out in El Paso. At each one of 
those, we saw these so-called kids in cages.
  Then we went back after the change of administration and 
dramatically, there was nothing really different, except the enormous 
numbers of detainees in pods that were equipped to hold maybe 25 or 30, 
and they had a couple hundred people packed in these little pods.
  I remember being told by the facilities there that the 
administration, the Biden administration, at the time that these 
unaccompanied children were coming in--and we are talking about 13,000 
per month of unaccompanied children coming in now--that they were being 
so well cared for, and they were being reunited with their families and 
their loved ones.
  I remember asking the folks who were in charge of these facilities, 
okay, if they are being taken care of, let me ask you a question 
because I have 17 grandkids. Kids mean a lot to me. My wife and I have 
been married 50 years. We have 5 children and now 17 grandkids. Kids 
need to be cared for, without question.
  I said, are you doing any vetting of these so-called families?
  Are you doing background checks?
  Are you doing criminal history checks on them?
  Oh, well, we don't have the resources to do that.
  Are you doing DNA testing?
  Well, we don't have DNA. We don't have the resources to do DNA 
testing, as well. Although during the Trump administration they were 
doing some DNA testing.
  So now we come to the point where there are 85,000 unaccounted for 
children, UACs, under this administration's watch.
  Where are these kids?
  They are supposed to be followed up on by the authorities and the 
administration where these children are being sent. There are 85,000 
that are unaccounted for.
  We have seen a skyrocketing of violations of child labor laws. We 
know that there are some real shady deals going on in this country and 
that human trafficking, sex slavery, et cetera, is rampant.

                              {time}  2030

  Is this part of that deal? I am not up here pointing fingers in an 
accusatory way. But if you can't keep up with 85,000 UACs, we have got 
some real problems in this administration.
  We have also had conversations with Alejandro Mayorkas, who is the 
DHS Secretary. I actually led that meeting. Of course, he is not under 
oath talking to our caucus.
  The SPEAKER pro tempore (Mr. Molinaro). The time of the gentleman has 
expired.
  Mr. GREEN of Tennessee. Mr. Speaker, I yield an additional 1 minute 
to the gentleman from Texas.
  Mr. BABIN. Mr. Speaker, we are being told that Mr. Mayorkas says that 
he has operational control over the border. We are being told that his 
policies are actually being successful. We are told that we have a 
secure border.
  Let me tell you something: We have anything but a secure border when 
you have 5 million people who come across our border, all of them 
getting a free education.
  I am 300 miles away from the border. My district is Houston over to 
Louisiana. We have a school district there that is growing faster than 
just about any district in the country, and it is because of the influx 
of illegal aliens. We are mandated to not only provide them with 
healthcare but also with an education.
  This is an enormous burden on our people, the local governments, and 
the school districts that we have. This bill needs to be passed. I urge 
my colleagues very strongly to vote ``yes'' on this.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, Republicans claim that the Biden administration's 
policies have led to open borders, but nothing could be further from 
the truth.
  President Biden has, with little help from Congress, worked to 
dissuade migrants from taking the dangerous journey northward. The 
Biden administration is surging resources to the border. Even as it 
ramps down title 42 removals, it is using title 8 authorities to 
promptly remove and bar reentry from certain crossers.
  At the same time, the Biden administration is working to make the 
asylum process more orderly through the CBP One app.
  It has also stood up a parole process for certain Venezuelan, 
Nicaraguan, Cuban, and Haitian migrants that in March were credited 
with a drop of 72 percent in the 7-day average from a high of 1,231 in 
January.
  H.R. 2 would take those tools away from DHS.
  Mr. Speaker, in the unlikely event that this cruel, extreme, and 
unworkable bill makes it to the President's desk, he has promised to 
veto it.
  To quote the Statement of Administration Policy: ``H.R. 2 does 
nothing to address the root causes of migration, reduces humanitarian 
protections, and restricts unlawful pathways, which are critical 
alternatives to unlawful entry.'' It goes on to say: ``This bill would 
make things worse, not better.''
  Mr. Speaker, I include in the Record the administration's statement.

                   Statement of Administration Policy


 H.R. 2--SECURE THE BORDER ACT OF 2023--REP. DIAZ-BALART, R-FL, AND 15 
                               COSPONSORS

       The Administration strongly supports productive efforts to 
     reform the Nation's immigration system but opposes H.R. 2, 
     the Secure the Border Act of 2023, which makes elements of 
     our immigration system worse. A successful border management 
     strategy must include robust enforcement at the border of 
     illegal crossings, deterrence to discourage illegal 
     immigration, and legal pathways to ensure that those in need 
     of protection are not turned away to face death or serious 
     harm.
       The Biden-Harris Administration's approach to border 
     management is grounded in this strategy--expanding legal 
     pathways while increasing consequences for illegal pathways, 
     which helps maintain safe, orderly, and humane border 
     processing. However, the Administration is limited in what it 
     can achieve by an outdated statutory framework and inadequate 
     resources, particularly in this time of unprecedented global 
     movement. H.R. 2 does nothing to address the root causes of 
     migration, reduces humanitarian protections, and restricts 
     lawful pathways, which are critical alternatives to unlawful 
     entry.
       The bill would cut off nearly all access to humanitarian 
     protections in ways that are inconsistent with our Nation's 
     values and international obligations. In addition, the bill 
     would make processing less efficient by prohibiting the use 
     of the CBP One mobile application to process noncitizens and 
     restricting DHS's parole authority, such that successful 
     programs, like ``Uniting for Ukraine,'' would be prohibited. 
     The bill would also reduce authorized funding for essential 
     programs including the Shelter and Services Program that 
     provides a critical source of funds for state and local 
     governments and reduces pressure at the border.
       While we welcome Congress' engagement on meaningful steps 
     to address immigration and the challenges at the border, this 
     bill would make things worse, not better. Because this bill 
     does very little to actually increase border security while 
     doing a great deal to trample on the Nation's core values and 
     international obligations, it should be rejected.

[[Page H2235]]

       If the President were presented with H.R. 2, he would veto 
     it.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I reserve the balance of my 
time.
  Mr. GREEN of Tennessee. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I would like to take an opportunity to correct the 
record on a couple of things.
  We often hear from our colleagues across the aisle that 90 percent of 
the fentanyl is seized at the ports of entry. Well, if you make the 
statement that 90 percent of the fentanyl that is seized is seized at 
the ports of entry, that is correct. But oftentimes, what we hear from 
the left, is that 90 percent of fentanyl coming into the country is 
seized. We know for a fact that that math is absolutely wrong.
  If you put the amount seized at the ports of entry as the numerator 
and the total amount seized as the denominator, yes, that is 90 percent 
of what is seized. On the denominator would be 90 percent plus 10 
percent, right? But what is missing in that denominator is all of the 
fentanyl that gets into our country that we have no idea is seized, so 
you can't technically say we are seizing 90 percent of the fentanyl 
that is coming into the country. That is factually incorrect. It makes 
no mathematical sense.
  In fact, the Border Patrol itself is saying that we are actually 
catching about 5 to 10 percent of the fentanyl. So if it is 90 percent 
of what is seized at the ports of entry, which I agree that statement 
is correct, it is 90 percent of 5 to 10 percent of the total. That is 
an important point of distinction.
  I would also like to talk a little bit about this CBP One app that my 
colleague from Mississippi mentioned and all of the other efforts that 
have been elaborated on by this administration, their efforts to 
maintain control of our border.
  When they came into office, the budget didn't increase suddenly. The 
number of border patrol agents didn't decrease suddenly. There was no 
new legislation that was written.
  What happened was 89 effective policies of two administrations were 
completely undone by executive orders, and it resulted in an immediate 
incentive to come to the United States. They did away with all of the 
disincentives, the pull factors, of people coming into our country.
  What happened is, people came, they tested the system, and they were 
immediately released into the country. Deportations were ordered to be 
halted. Over a million people with deportation orders that a legal 
process had determined they were supposed to be returned, we are just 
not going to deport. Phone calls went home, and people poured across 
our southern border.
  This incentive then was seized on by the drug cartels. They saw a 
huge opportunity, and so they flooded the crossing sites with people, 
interestingly enough, paying coyotes to bring them there.
  That is sort of at the strategic level. They neutralized the Border 
Patrol at the border crossing sites, and then the fentanyl and other 
things come around between the ports of entry. That is the fentanyl we 
are seizing. By the way, that is the fentanyl that has resulted in the 
street price of fentanyl in Tennessee going from $95 in January of 2021 
to $28 just recently, according to the sheriffs of Tennessee. That 
supply-demand means more fentanyl is pouring into this country.
  If you talk about 90 percent of it being seized; that is a false 
statement. If you talk about the policies that supposedly are 
attempting to gain or are getting border control, that is incorrect. 
The incentives have allowed and empowered the drug cartels to take 
advantage, neutralizing the Border Patrol at the crossing sites.
  Back to the tactical level, on one of my visits in Arizona, we 
actually saw a scout from the cartels. And the Border Patrol agents and 
the law enforcement in that area informed us that those scouts have 
military-grade encrypted radios. They have military-grade optics that 
they are using and from their vantage point are observing Border 
Patrol. They then notify someone else with this encrypted radio. They 
send 20 to 30 people to basically overwhelm that Border Patrol agent on 
the border. While that individual is tied up, they send the fentanyl. 
That is when the carpet-shoe-wearing, backpack fentanyl carriers result 
in drop sites just inside the border where I saw hundreds of empty 
backpacks and carpet shoes, where the drugs are then placed into the 
hands of the courier in the back of a truck and transported to cities 
all across America, resulting in that supply.
  Make no mistake about it: The actions of this administration to 
remove those policies have resulted in this crisis. One of the other 
policies that they so effectively have taken care of--title 42, that 
will end tomorrow and will result in a catastrophe of epic 
proportions--is already breaking records, and we see them massing 
throughout Central America to come into the United States.
  You can have good intentions of wanting to help every person on the 
planet. That is great. But by making that something that taxpayers have 
to do, you are basically determining what someone else should be doing 
with their charity.
  Maybe somebody in Tennessee, our taxpayers, wants to do something for 
Gold Star families. Maybe they want to give to a different charity. 
Maybe they want to give to one of the NGOs that want to do something. 
But they should be the ones getting to decide, not the Federal 
Government telling them how their charity should be given. That is not 
freedom.
  I will tell you, the policies that have been canceled that have 
resulted in this crisis, that have resulted in the cartels taking over 
five of our sectors of our southwest border, all on Joe Biden and 
Alejandro Mayorkas. Title 42 being canceled and what is about to 
happen, states of emergency in cities all across the southern border, 
coming across and making every State a border State, is on Joe Biden 
and Alejandro Mayorkas. I think it is really important we correct the 
record on some of this stuff.
  I will make one other point, and I want to warn my colleagues across 
the aisle. President Biden promised to veto the D.C. crime bill. 
Remember that? He said: We are going to veto that bill. The Senate 
said: We are not going to vote for that. You know what our Democrat 
colleagues did here in the House? They all voted ``no.''

  Then the furor happened in America, and the President realized, boy, 
that would be a mistake. The Senate said: Oh, my gosh, we are not going 
to do that either. So the Senate voted for the D.C. crime bill.
  Now, the Democrat colleagues here in the House are going to have to 
go back and explain why they voted ``no'' when their party on the other 
side of the aisle voted ``yes,'' and their President changed his mind 
and signed that bill into law.
  Now, you watch the next couple of days as the border gets worse and 
worse and Americans become more and more and more aware. We are going 
to pass this bill. You can vote ``no'' on it, but as those Senators get 
more and more aware of this crisis and the President has to look at 
what is happening to El Paso and Brownsville, he just might change his 
mind again. Guess who is going to be left holding the bag?
  You don't want to vote ``no'' on this bill. This bill will secure our 
southern border. This isn't an immigration bill. We never set out to 
handle immigration with this. That is coming. This bill secures the 
border so that we can deal with the immigration issues.
  What we can't do is create even more incentive with an open border. 
That just does what Mr. Mayorkas and Mr. Biden have done, create more 
incentive that brings more people in and overwhelms our social 
services, overwhelms our schools and hospitals.
  As this thing unfolds over the next few days, don't be surprised if 
the President changes his mind again and you are left holding the bag.
  Mr. Speaker, I reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself the balance 
of my time for closing.
  Mr. Speaker, it is remarkable that Republicans are getting behind the 
child deportation act, a bill that would blow a $6.1 billion hole in 
our Federal budget at the same time that they are feigning concern 
about the Federal deficit.
  Today, the other side has said a lot about how the Biden 
administration is

[[Page H2236]]

handling the ending of title 42, but remarkably, not one of them 
acknowledged that they voted to lift it in February.
  Enactment of H.R. 2 would do nothing to keep fentanyl out of our 
communities or protect unaccompanied children.

                              {time}  2045

  Just for the record, in our section of the bill, fentanyl is not even 
mentioned. I would hope at some point the other two discussions 
tomorrow might talk a little more directly about fentanyl if it is in 
there. It is not in our section at this point.
  For the record, the information that we have about 90 percent of the 
fentanyl coming into the country comes from the Chief of the Border 
Patrol. It is his information. We can only take him at his word.
  Those five ports of entry that the chair talked about, that was not 
what he said. He said it was in Mexico, not in the U.S., in terms of 
being controlled by the cartels. I think we all will admit the cartels 
do not control the border within the boundaries of the United States. 
It is a play on words, but at least we can be accurate with that.
  In terms of how we determine who comes, who is captured, and how the 
fentanyl is collected, I suggest that you talk to the FBI, Homeland 
Security Investigations, or DEA. They are the persons who interview the 
people who are caught at our ports of entry.
  More importantly, most of the people who we catch at our ports of 
entry are American citizens. They are not, for the most part, 
immigrants or aliens, or whatever you want to call them, trying to come 
into this country illegally. They are American citizens.
  In terms of guns, the cartels are a violent operation. There is no 
question about it. We need to do everything that we can to stop them. 
We can't keep American guns from going to Mexico unless we come up with 
an enhanced policy to do that.
  We have to acknowledge that the majority of the guns that the cartels 
are using are coming from the United States. As the record will 
reflect, there is only one gun store in the entire country of Mexico. 
It takes months for an individual to even get cleared to buy a gun. We 
just want the record to reflect the truth.
  Enactment of H.R. 2, as I said, would do nothing to keep fentanyl out 
of our communities or protect unaccompanied children. What it will do 
is penalize communities and religious organizations that care for 
vulnerable people.
  Section 115(b) is so broad that a nonprofit hospital that admits an 
undocumented migrant would be deemed as facilitating unlawful 
activities. Cartels and smugglers are champing at the bit to see this 
bill enacted into law.
  H.R. 2 would create conditions where desperate people will be left 
with few options but to try to enter the U.S. illegally between ports 
of entry. It would be a boon for smugglers' illicit business.
  We should be coming together to enact sensible border and immigration 
policies that support our communities and economy. We can do better 
than the child deportation act.
  Mr. Speaker, I urge a ``no'' vote on this extreme MAGA bill, and I 
yield back the balance of my time.
  Mr. GREEN of Tennessee. Mr. Speaker, I yield myself the balance of my 
time.
  Mr. Speaker, the American people cannot wait any longer for secure 
borders and safe communities. Securing the border should not be a 
partisan issue. It is an American issue. It is the Federal Government's 
responsibility to do so. When they fail, Congress, a coequal branch of 
government, should step in and hold them accountable. That is what we 
are doing here today.
  The Biden administration produced the catastrophic humanitarian 
tragedy we are seeing today, dismantling all semblance of law and order 
and sending a clear message to the cartels that our border is open.
  We have all seen what has been happening in the past few days as 
title 42 comes to an end. It is a fact that the border is in shambles.
  Frontline law enforcement personnel are overwhelmed and overworked as 
they are stretched physically and mentally amid this crisis. State and 
local resources are quickly depleting as they attempt to do the job 
that this administration has not done since its first day in charge: 
secure the borders and enforce the law.
  The current situation at the border is unsustainable. Yet, over the 
past 2-plus years, my colleagues across the aisle have refused to hold 
the Biden administration accountable for its ineffective policies, have 
watched the border fall into the hands of violent cartels, and have 
completely ignored the disaster that has only gotten worse by the day.
  That must end today. The American people are fed up with inaction.
  The Biden-Mayorkas border crisis is a national security threat that 
must be addressed immediately. I encourage my colleagues to join House 
Republicans in passing this very important legislation.
  Mr. Speaker, I will close by addressing the patriots serving on the 
front lines of this crisis with no support or appreciation from this 
administration. Many of us have visited the border on several 
occasions, across multiple sectors, and have seen firsthand the work 
our Customs and Border Protection officers and agents do every single 
day to risk their lives for this great country.
  To the officers and agents on the ground dealing with this crisis, on 
behalf of the American people, we appreciate you. We support you, and 
we have your back.
  Mr. Speaker, I urge my colleagues to support H.R. 2, and I yield back 
the balance of my time.

                          ____________________