[Congressional Record Volume 170, Number 144 (Tuesday, September 17, 2024)]
[Senate]
[Pages S6085-S6086]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                SOUTHERN BORDER TRANSPARENCY ACT OF 2023

  Mr. CORNYN. Mr. President, the Biden-Harris apparent strategy for 
handling the massive influx of migrants on the southern border has been 
to funnel them into allegedly temporary parole programs and act like 
the Biden-Harris border crisis has been resolved. Far from it.
  There is little public data on the number of people who have actually 
been released into the United States under these programs, whether they 
are making asylum claims, or whether their claims were being evaluated 
in any way before they are being released, or whether they ever leave 
the country or remain indefinitely.
  The administration has gone to great lengths to hide the ball when it 
comes to levels of illegal immigration. But the American people deserve 
to know exactly how many migrants are being released into the country 
and exactly on what terms.
  That is why I led the Southern Border Transparency Act, which would 
shine a bright light on the catch-and-release policies of the 
administration by requiring the Department of Homeland Security to 
fully report on how it handles migrants encountered at the southern 
border.
  This is the most basic of transparency measures--just the facts, that 
is all we are looking for. And anyone who supports securing the 
southern border can support this legislation.
  I appreciate Senator Grassley's leadership on this issue, and I hope 
the Senate can advance this bill today.
  Mr. President, as if in legislative session, I ask unanimous consent 
that the Committee on the Judiciary be discharged from further 
consideration of S. 3187 and that the Senate proceed to its immediate 
consideration.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 3187) to require the Department of Homeland 
     Security to publish various publications and reports 
     regarding the number of aliens seeking entry along the 
     southern border of the United States.

  There being no objection, the committee was discharged, and the 
Senate proceeded to consider the bill.
  Mr. CORNYN. I ask unanimous consent that the bill be considered read 
a third time and passed and the motion to reconsider be considered made 
and laid upon the table.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The bill (S. 3187) was ordered to be engrossed for a third reading, 
was read the third time, and passed as follows:

[[Page S6086]]

  


                                S. 3187

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Southern Border Transparency 
     Act of 2023''.

     SEC. 2. MONTHLY PUBLICATION OF PAROLE AT PORTS OF ENTRY.

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

     SEC. 3. QUARTERLY REPORT ON PROCESSING ALIENS AT SOUTHERN 
                   BORDER PORTS OF ENTRY.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, and quarterly thereafter, the 
     Secretary of Homeland Security shall--
       (1) submit a report containing the information described in 
     subsection (b) to--
       (A) the Committee on the Judiciary of the Senate;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (C) the Committee on the Judiciary of the House of 
     Representatives; and
       (D) the Committee on Homeland Security of the House of 
     Representatives; and
       (2) post such report on the Department of Homeland Security 
     website.
       (b) Contents.--The report required under subsection (a) 
     shall include, with respect to the applicable reporting 
     period--
       (1) the number of aliens apprehended or otherwise 
     encountered--
       (A) at each port of entry along the southern border of the 
     United States; and
       (B) within each U.S. Border Patrol sector along the 
     southern border of the United States;
       (2) the number of aliens described in paragraph (1), 
     disaggregated by--
       (A) citizenship or nationality;
       (B) demographic categories, including accompanied minors, 
     aliens granted parole as part of a family unit, single 
     adults, and unaccompanied alien children;
       (C) those who were granted voluntary departure;
       (D) those who were placed into expedited removal 
     proceedings; and
       (E) those who entered into a process or outcome not 
     described in subparagraph (C) or (D), including a description 
     of such process or outcome;
       (3) the number of aliens described in paragraph (2)(D), 
     disaggregated by the number of such aliens who received a 
     credible fear screening interview pursuant to section 
     235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
     1225(b)(1)(B)) or a reasonable fear screening interview;
       (4) the number of aliens described in paragraph (3), 
     disaggregated by--
       (A) the number of aliens determined to have a credible fear 
     of persecution or a reasonable fear of persecution; and
       (B) the number of aliens determined not to have a credible 
     fear of persecution or a reasonable fear of persecution;
       (5) the number of aliens described in paragraph (4)(A), 
     disaggregated by the number of aliens detained pursuant to 
     section 235(b)(1)(B)(iii)(IV) of the Immigration and 
     Nationality Act (8 U.S.C. 1225(b)(1)(B)(iii)(IV));
       (6) the number of aliens described in paragraph (4)(B), 
     disaggregated by--
       (A) those who were removed from the United States;
       (B) those who were detained pending removal; and
       (C) those who are not described in subparagraph (A) or (B); 
     and
       (7) a description of any actions taken against the aliens 
     described in paragraph (6)(C).

     SEC. 4. QUARTERLY REPORT ON PAROLE REQUESTS PROCESSED BY U.S. 
                   CITIZENSHIP AND IMMIGRATION SERVICES.

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

     SEC. 5. ANNUAL REPORT ON ALIENS PAROLED INTO THE UNITED 
                   STATES.

       Section 602(b) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1182 note) is 
     amended to read as follows:
       ``(b) Annual Report to Congress.--
       ``(1) In general.--Not later than 90 days after the end of 
     each fiscal year, the Secretary of Homeland Security shall 
     submit a report to the Committee on the Judiciary of the 
     Senate, the Committee on Homeland Security and Governmental 
     Affairs of the Senate, the Committee on the Judiciary of the 
     House of Representatives, and the Committee on Homeland 
     Security of the House of Representatives that identifies the 
     number of aliens paroled into the United States pursuant to 
     section 212(d)(5) of the Immigration and Nationality Act (8 
     U.S.C. 1182(d)(5)), disaggregated by those who are--
       ``(A) of a particular nationality;
       ``(B) single adults;
       ``(C) traveling in a family group;
       ``(D) children accompanied by an adult family member; or
       ``(E) unaccompanied alien minors.
       ``(2) Contents.--Each report required under paragraph (1) 
     shall include--
       ``(A) the total number of aliens paroled into the United 
     States during the fiscal year immediately preceding the 
     fiscal year in which such report is submitted, disaggregated 
     by--
       ``(i) citizenship or nationality; and
       ``(ii) demographic categories, including accompanied 
     minors, aliens granted parole as part of a family unit, 
     single adults, and unaccompanied alien children;
       ``(B) for each fiscal year for which the Department of 
     Homeland Security reports the information described in 
     subparagraph (A) regarding aliens described in such 
     subparagraph--
       ``(i) the number of such aliens who were granted employment 
     authorization;
       ``(ii) the number of aliens described in clause (i) who had 
     valid employment authorization at the end of the previous 
     fiscal year;
       ``(iii) the number of such aliens whose parole has not 
     ended, including those who exited the United States during 
     the previous fiscal year;
       ``(iv) the number of such aliens whose status was adjusted, 
     disaggregated by status type;
       ``(v) the number of such aliens for whom parole was 
     extended, including those who exited the United States;
       ``(vi) the number of such aliens for whom the duration of 
     parole expired, including those who exited the United States; 
     and
       ``(vii) the number of aliens who returned to Department of 
     Homeland Security custody from which they were paroled, 
     disaggregated by the categories listed in subparagraphs (A) 
     through (E) of paragraph (1).''.

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