[House Report 118-482]
[From the U.S. Government Publishing Office]


118th Congress }                                              {    Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                              {  118-482

======================================================================



 
                         POLICE OUR BORDER ACT

                                _______
                                

  May 6, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Jordan, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 8146]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 8146) to require a report by the Attorney General on 
the impact the border crisis is having on law enforcement at 
the Federal, State, local, and Tribal level, having considered 
the same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     7
New Budget Authority and Tax Expenditures........................     7
Congressional Budget Office Cost Estimate........................     7
Committee Estimate of Budgetary Effects..........................     7
Duplication of Federal Programs..................................     7
Performance Goals and Objectives.................................     7
Advisory on Earmarks.............................................     8
Federal Mandates Statement.......................................     8
Advisory Committee Statement.....................................     8
Applicability to Legislative Branch..............................     8
Section-by-Section Analysis......................................     8
Dissenting Views.................................................     8

    The amendment is as follows:
  Strike all that follows after the enacting clause and insert 
the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Police Our Border Act''.

SEC. 2. FINDINGS.

  Congress finds as follows:
          (1) Our Federal, State, local, and Tribal law enforcement 
        officers put their lives on the line each day in order to 
        protect our country and serve their communities.
          (2) According to the National Law Enforcement Officer 
        Memorial Fund, 136 law enforcement officers died in the line-
        of-duty in 2023.
          (3) Congress should do everything in its power to support law 
        enforcement officers at every level and in every part of our 
        nation.
          (4) The southwest border crisis created by the Biden 
        Administration has made every state a border state.
          (5) The Biden border crisis has placed a burden on law 
        enforcement agencies across the nation and has placed a 
        significant strain on the resources that are critical to 
        keeping communities safe.
          (6) Law enforcement officers in every state are put in life-
        threatening scenarios as a direct result of the open borders.
          (7) Law enforcement has been forced to deal with the influx 
        of fentanyl and many officers are exposed to the drug while on 
        duty.
          (8) It is in the best interest of law enforcement officers 
        and the communities they serve for Congress to pass, and the 
        President to sign into law, strong border security legislation.

SEC. 3. REPORT.

   Not later than 180 days after the date of enactment of this Act, the 
Attorney General shall submit to Congress a report on the impact the 
Biden border crisis is having on law enforcement officers at the 
Federal, State, local, and Tribal level, including--
          (1) the estimated dollar amount of all resources devoted to 
        addressing the Biden border crisis, and the extent to which 
        such resources are not available to law enforcement agencies;
          (2) the exposure of law enforcement officers to fentanyl 
        resulting from encounters with illegal aliens at the border and 
        in the United States;
          (3) injuries to law enforcement officers based on a 
        connection to the Biden border crisis or exposure to fentanyl; 
        and
          (4) the morale of law enforcement officers.

                          Purpose and Summary

    H.R. 8146, the Police our Borders Act, introduced by Rep. 
Anthony D'Esposito (R-NY), would require the Attorney General 
to report to Congress on how the border crisis affects law 
enforcement at various levels. The report must detail the 
financial and operational burdens imposed on law enforcement by 
the crisis, the exposure of officers to dangers like fentanyl, 
injuries incurred, and overall impact on law enforcement 
morale.

                Background and Need for the Legislation

    The Biden Administration has released more than 4 million 
illegal aliens into the United States in just three years,\1\ 
and many are permitted to remain in the country even after they 
have committed a crime.\2\ Instead of deterring illegal 
immigration and ensuring that illegal aliens are quickly 
removed from the United States, President Biden and Secretary 
Mayorkas are making it more difficult for immigration officers 
to arrest and deport criminals.\3\
---------------------------------------------------------------------------
    \1\ See H. Comm. on the Judiciary, Rep. on The Biden Border Crisis: 
How the Biden Admin. Opened the Sw. Border and Abandoned Interior 
Immigr. Enf't at App'x 1 (Oct. 9, 2023) (``DHS released at least 
2,148,738 illegal aliens into the United States'' through March 2023) 
[hereinafter Oct. Interim Staff Rep.]; U.S. Customs and Border Prot., 
Custody and Transfer Statistics FY 2023, U.S. Dep't of Homeland Sec. 
(reporting that, between April 2023 and September 2023, 688,869 illegal 
aliens were released by with a notice to appear or paroled); U.S. 
Customs and Border Prot., Custody and Transfer Statistics FY 2024, U.S. 
Dep't of Homeland Sec. (reporting that in FY 2024 thus far, 581,710 
illegal aliens were released by with a notice to appear or paroled); 
Camilo Montoya-Galvez, Biden administration has admitted more than 1 
million migrants into U.S. under parole policy Congress is considering 
restricting, CBS News (Jan. 22, 2024), https://www.cbsnews.com/news/
immigration-parole-biden-administration-1-
million-migrants/ (reporting that at least 596,600 aliens have been 
paroled into the United States under illegal categorical parole 
programs); Off. of Refugee Resettlement, Unaccompanied Children 
Released to Sponsors by State, U.S. Dep't of Health and Human Servs. 
(last accessed Feb. 8, 2024) (reporting at least 274,843 UACs released 
to sponsors in FY 2022 through FY 2024 thus far). Under the Biden 
Administration, at least 4,290,760 illegal aliens have been released 
into the United States, not including at least 175,320 illegal aliens 
encountered by CBP along the southwest border since April 2023 and 
transferred to ICE, many of whom have likely been subsequently 
released.
    \2\Id. at 11-17.
    \3\Id. at 14-16.
---------------------------------------------------------------------------
    The numbers speak for themselves: well over half a million 
criminal aliens are on the non-detained docket maintained by 
Enforcement and Removal Operations (ERO) within U.S. 
Immigration and Customs Enforcement, meaning that aliens with 
criminal convictions or pending criminal charges are out on 
American streets and ``free to reoffend.''\4\ Moreover, ``in 
fiscal year 2023, ERO removed 41 percent fewer aliens with 
criminal convictions and criminal charges than in fiscal year 
2020--and nearly 60 percent fewer than in fiscal year 
2019.''\5\ The lack of interior immigration enforcement begins 
with far fewer arrests of criminal aliens.
---------------------------------------------------------------------------
    \4\See H. Comm. on the Judiciary, Interim Staff Rep., New Data 
Reveal Worsening Magnitude of the Biden Border Crisis and Lack of 
Interior Immigr. Enf't, at 9 (Jan. 18, 2024), https://
judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/
files/evo-media-document/2024-01-18-new-data-reveal-worsening-
magnitude-of-the-biden-border-crisis-and-lack-of-interior-immigration-
enforcement.pdf?_gl=1*um0tzz*_ga*MTEwNTc 0NDU4Ni 4xNjc1OD 
Y1NjU0*_ga_1818ZE QW81*MTcwN zQxNDIxNS4x My4xLjE3MDc0 MTU2NzQuMC 4wLjA 
[hereinafter Jan. Interim Staff Rep.].
    \5\Id.
---------------------------------------------------------------------------
    The surge in encounters at the southwest border is 
precipitating a complex array of criminal issues in communities 
across the entire United States.\6\ Local law enforcement is 
grappling with the repercussions of large-scale human 
trafficking, human smuggling, and complex narcotics operations 
predominately operated by dangerous criminal cartels.\7\ As 
county sheriffs and local police departments face budget cuts 
amid rising crime, they are now forced to deal with crimes 
implicating national security.\8\ With the influx of deadly 
drugs like fentanyl throughout the country, coupled with an 
increase in human trafficking and gang activity, cartels are 
now operating in all 50 states.\9\
---------------------------------------------------------------------------
    \6\Paul Goldenberg & Michael Gips, How the southern border crisis 
impacts law enforcement nationwide, Police 1 (last visited Apr. 25, 
2024) https://www.police1.com/border-patrol/articles/how-the-southern-
border-crisis-impacts-law-enforcement-nationwide-Owd7fqJ3YQO8lxH5/.
    \7\Id.
    \8\Id.
    \9\Id.
---------------------------------------------------------------------------
    The Police Our Borders Act would direct the Attorney 
General to report to Congress on the border crisis's impact on 
the nation's law enforcement. The report would evaluate how 
funds allocated by law enforcement agencies to manage the 
border and immigration crisis detract from other important law 
enforcement responsibilities. Additionally, it would document 
officer safety concerns, such as fentanyl exposure linked to 
increased cross-border movement and drug trafficking. Lastly, 
the report would examine the overall burden of the border 
crisis on law enforcement capabilities, highlighting the need 
to secure the border and improve public safety.

                                Hearings

    For the purposes of clause 3(c)(6)(A) of House rule XIII, 
the following hearings were used to develop H.R. 8146: ``The 
Consequences of Criminal Aliens on U.S. Communities,'' a 
hearing held on July 13, 2023, before the Subcommittee on 
Immigration, Integrity, and Enhancement of the Committee on the 
Judiciary. The Subcommittee heard testimony from the following 
witnesses:
           Donald Rosenberg, Founder, Advocates for 
        Victims of Illegal Alien Crime;
           Bradley Schoenleben, Senior Deputy District 
        Attorney, Orange County, California District Attorney's 
        Office;
           John Fabbricatore, former Field Office 
        Director, U.S. Immigration and Customs Enforcement, 
        Enforcement and Removal Operations; and
           Ramon Batista, Chief of Police, Santa Monica 
        Police Department.
The hearing examined sanctuary cities that shield illegal 
aliens at the expense of American taxpayers and the Biden 
Administration's lax policies that allow criminal aliens to 
remain in the U. S. indefinitely. The hearing also examined how 
drug cartels and gangs exploit radical open-border policies and 
U.S. immigration law to terrorize communities, harm Americans, 
and burglarize homes and businesses across the country.
    The Subcommittee on Immigration, Integrity, Security, and 
Enhancement of the Committee on the Judiciary also held a 
hearing titled ``The Impact of Illegal Immigration on Social 
Services,'' on January 11, 2024. The Subcommittee heard 
testimony from the following witnesses:
           Manuel Mello III, Fire Department Chief, 
        Eagle Pass, Texas;
           Danyela Souza, Vice President, Community 
        Education Council for New York School District 2;
           Steven Camarota, Director of Research, 
        Center for Immigration Studies; and
           Gregory Chen, Senior Director of Government 
        Relations, American Immigration Lawyers Association.
    The hearing examined how the Biden border crisis overwhelms 
American communities' schools, hospitals, emergency services, 
law enforcement, and other social services at the expense of 
American citizens and lawful residents.

                        Committee Consideration

    On May 1, 2024, the Committee met in open session and 
ordered the bill, H.R. 8146, favorably reported with an 
amendment in the nature of a substitute, by a recorded vote of 
14 ayes to 10 nays, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of House rule XIII, the 
following recorded votes occurred during consideration of H.R. 
8146:
    1. Vote on Amendment #1, as amended, to the H.R. 8146 ANS, 
offered by Mr. Correa--failed 10 ayes to 12 nays.
    2. Vote on favorably reporting H.R. 8146, as amended--
passed 14 ayes to 10 nays.


                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of House rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, are 
incorporated in the descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to the requirements of clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of the Congressional Budget Office. The Committee has 
requested but not received from the Director of the 
Congressional Budget Office a statement as to whether this bill 
contains any new budget authority, spending authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. The Chairman of the Committee shall cause such 
estimate and statement to be printed in the Congressional 
Record upon its receipt by the Committee.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives, a cost 
estimate provided by the Congressional Budget Office pursuant 
to section 402 of the Congressional Budget Act of 1974 was not 
made available to the Committee in time for the filing of this 
report. The Chairman of the Committee shall cause such estimate 
to be printed in the Congressional Record upon its receipt by 
the Committee.

                Committee Estimate of Budgetary Effects

    With respect to the requirements of clause 3(d)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee adopts as its own the cost estimate prepared by the 
Director of the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of House rule XIII, no provision 
of H.R. 8146 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
House rule XIII, H.R. 8146 will require the Attorney General to 
report to Congress on how the border crisis affects law 
enforcement at various levels.

                          Advisory on Earmarks

    In accordance with clause 9 of House rule XXI, H.R. 8146 
does not contain any congressional earmarks, limited tax 
benefits, or limited tariff benefits as defined in clauses 
9(d), 9(e), or 9(f) of House Rule XXI.

                       Federal Mandates Statement

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Pub. L. 104-
1).

                      Section-by-Section Analysis

    Sec. 1. Short Title: The ``Police Our Borders Act.''
    Sec. 2. Findings: This section outlines the factual basis 
necessitating the report required by section three. It 
emphasizes the daily risks law enforcement officers face across 
various jurisdictions, including local, state, federal, and 
tribal levels. This section also highlights the exacerbated 
challenges posed by the border crisis, such as increased 
dangers from illegal activities and drug exposure, particularly 
fentanyl. It stresses the need to secure the border to support 
law enforcement effectively and maintain community safety.
    Sec. 3. Report: This section requires the Attorney General 
to report to Congress on the impact of the border crisis on law 
enforcement. The report will include financial assessments, the 
effects of encounters with illegal aliens, and other relevant 
issues like officer morale and injuries to law enforcement. 
This requirement ensures Congress has the information necessary 
to address the challenges posed by the border crisis.

                            Dissenting Views

    The ``Police Our Border Act'' appears to be a reporting 
bill that simply requires the Attorney General to submit a 
report to Congress on the impact the number of migrants coming 
to the border is having on law enforcement officers at the 
Federal, State, local, and Tribal level. Upon closer 
inspection, however, this bill seeks to codify Republican 
attacks on the President's immigration policies and the 
fearmongering and demonization of immigrants.
    For example, the bill uses highly charged language 
requiring the Attorney General to submit a report to Congress 
on the impact the so-called ``Biden border crisis'' is having 
on law enforcement officers at the Federal, State, local, and 
Tribal level. Additionally, the report must include information 
on the ``exposure of law enforcement officers to fentanyl as a 
result of encounters with illegal aliens.'' Both of these 
reporting requirements contain politically motivated rhetoric. 
Neither is based on fact.
    At markup, Representative Lou Correa (D-CA) offered an 
amendment that would add Customs and Border Protection (CBP) 
data about fentanyl interdictions to the findings section of 
the bill. Specifically, the amendment would have updated the 
findings section of the bill to reflect CBP data that, contrary 
to Republican claims that undocumented immigrants entering the 
country between ports of entry are responsible for the majority 
of fentanyl trafficked into the country, 89 percent of the 
fentanyl interdicted coming into the United States is brought 
through legal ports of entry. The amendment was defeated 
despite bipartisan support.
    As an indication of how unserious this legislation is, it 
includes a finding that ``It is in the best interest of law 
enforcement officers and the communities they serve for 
Congress to pass, and the President to sign into law, strong 
border security legislation.'' This finding ignores the fact 
that it was House Republicans, at Donald Trump's direction, who 
walked away from border security legislation negotiated by one 
of the most conservative members of the Senate because they 
wanted to preserve immigration as a political issue for the 
upcoming elections rather than work towards a bipartisan 
solution to our broken immigration system.
    In addition, the bill asks the Attorney General to report 
on the resources devoted to addressing the border and the 
resources that are ``not available to law enforcement 
agencies.'' However, at every turn, it has been Republicans who 
have voted against giving DHS the resources it needs to do its 
job. This includes opposing the bipartisan infrastructure deal, 
which provided additional funding to modernize ports of entry 
and allow for nonintrusive inspections to combat the smuggling 
of people and drugs; opposing appropriations bills that would 
provide robust funding for CBP and border security operations; 
and refusing to take up President Biden's supplemental 
appropriations request to provide vital funds for more 
immigration judges and asylum officers to speed up processing 
of asylum claims, as well as funds for additional personnel at 
ports of entry and technology to stop drugs from coming into 
the country.
    This bill is also very poorly drafted. For example, despite 
the fact that the entire bill is focused on reporting 
requirements related to the ``Biden border crisis,'' this term 
is not defined in the legislation. The failure to define this 
key term provides little guidance to the Attorney General on 
the required report, not to mention the fact that the Secretary 
of Homeland Security would almost certainly be much better 
situated to assess issues related to border security, but this 
inattention to detail is further evidence that this bill is 
more about messaging than congressional oversight of the 
executive branch.
    Although I am generally supportive of genuine attempts to 
acquire additional information from the Executive Branch as 
part of Congress's oversight functions, this legislation is 
nothing more than a Republican messaging vehicle that follows 
similar recent efforts by Republicans to fearmonger and 
demagogue on the issue of immigration while doing nothing to 
actually work towards a solution.
    For these reasons, I dissent, and I urge all of my 
colleagues to oppose this legislation.

                                            Jerrold Nadler,
                                                    Ranking Member.