[House Report 119-163]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-163
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SPECIAL INTEREST ALIEN REPORTING ACT OF 2025
_______
June 17, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Green of Tennessee, from the Committee on Homeland Security,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 275]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 275) to require the Secretary of Homeland
Security to publish on a monthly basis the number of special
interest aliens encountered attempting to unlawfully enter the
United States, and for other purposes, 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 Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 5
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 5
Federal Mandates Statement....................................... 6
Duplicative Federal Programs..................................... 6
Statement of General Performance Goals and Objectives............ 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Minority Views................................................... 8
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Special Interest Alien Reporting Act
of 2025''.
SEC. 2. PUBLICATION BY THE DEPARTMENT OF HOMELAND SECURITY OF THE
NUMBER OF SPECIAL INTEREST ALIENS ENCOUNTERED.
(a) In General.--Not later than the seventh day of each month
beginning with the first full month that begins after the date of the
enactment of this Act, the Secretary of Homeland Security shall publish
on a publicly available webpage of the Department of Homeland Security
and 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 total number, and an
identification of the nationalities or countries of last habitual
residence, of special interest aliens encountered by the Department
during the immediately preceding month. Each such report shall also
include the following:
(1) Such number disaggregated by geographic regions of such
encounters.
(2) Specifications relating to whether such encounters were
made at land, air, or sea ports of entry, between ports of
entry, or in the interior of the United States.
(3) Identification of any such nationalities or countries of
last habitual residence that are covered nations.
(b) Inclusion.--The first report required under subsection (a) shall
also include the matters described in such subsection for the time
period from January 20, 2021, through January 19, 2025.
(c) Definitions.--In this section:
(1) Alien.--The term ``alien'' has the meaning given such
term in section 101 of the Immigration and Nationality Act (8
U.S.C. 1101).
(2) Covered nation.--The term ``covered nation'' has the
meaning given such term in section 4872(d)(2) of title 10,
United States Code.
(3) Special interest alien.--The term ``special interest
alien'' means an alien who, based on an analysis of travel
patterns, potentially poses a national security risk to the
United States or its interests.
PURPOSE AND SUMMARY
H.R. 275, the ``Special Interest Alien Reporting Act of
2024,'' requires the Secretary of Homeland Security (DHS) to
publish accessible monthly reports on the number of special
interest aliens (SIA), to include specifications on the
encounter location and their country of origin.
BACKGROUND AND NEED FOR LEGISLATION
An SIA is a non-U.S. person who, based on a DHS analysis of
travel patterns, may pose a national security risk to the
United States or its interests. DHS analysis includes an
examination of travel patterns, points of origin, and/or travel
segments associated with current assessments of national and
international threat environments.
Under the Biden administration, DHS faced an unprecedented
number of SIAs from outside the Western Hemisphere, including
individuals from adversarial nations including the People's
Republic of China, Iran, and Russia.\1\ For instance, according
to Customs and Border Patrol (CBP) data, apprehensions of
Chinese foreign nationals nationwide increased from
approximately 350 in FY 2021 to nearly 38,000 in FY 2024.\2\
Record migration flows led to increases in SIAs traversing the
region on their way to the Southwest border, with most SIAs
traveling through the region using established migrant routes
in Central and South America.\3\
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\1\Immigration Enforcement and Legal Processes Monthly Tables, U.S.
Dep't of Homeland Sec., https://www.dhs.gov/ohss/topics/immigration/
enforcement-and-legal-processes-monthly-
tables (last visited Jan. 16, 2025).
\2\Nationwide Encounters, U.S. Customs and Border Protection,
https://www.cbp.gov/newsroom/stats/nationwide-encounters (last visited
May 12, 2025).
\3\United States Southern Command, Information Paper, Region:
Special Interest Migrant Baseline (2023).
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DHS does not currently publicly publish the number of SIA
encounters.
HEARINGS
The Committee held the following hearings in the 119th
Congress that informed H.R. 275:
On March 5, 2025, the Committee held a hearing entitled
``Countering Threats Posed by the Chinese Communist Party to
U.S. National Security.'' The Committee received testimony from
Dr. Michael Pillsbury, Senior Fellow, China Strategy, The
Heritage Foundation; Mr. Craig Singleton, China Program Senior
Director and Senior Fellow, Foundation for Defense of
Democracies; the Honorable William R. Evanina, Founder and CEO,
the Evanina Group; and Dr. Rush Doshi, Assistant Professor of
Security Studies, Georgetown University Walsh School of Foreign
Service, C.V. Starr Senior Fellow for Asia Studies and Director
of the China Strategy Initiative, Council on Foreign Relations.
On March 25, 2025, the Subcommittee on Border Security and
Enforcement held a hearing entitled ``Part 1: Consequences of
Failure: How Biden's Policies Fueled the Border Crisis.'' The
Subcommittee received testimony from Ms. Lora Reis, Director,
Border Security and Immigration Center, The Heritage
Foundation; Mr. Ammon Blair, Senior Fellow, Secure and
Sovereign Texas Initiative, Texas Public Policy Foundation; Mr.
Jon Anfinsen, Executive Vice President, National Border Patrol
Council; and Mr. Aaron Reichlin-Melnick, Senior Fellow,
American Immigration Council.
COMMITTEE CONSIDERATION
The Committee met on April 9, 2025, a quorum being present,
to consider H.R. 275 and ordered the measure to be favorably
reported to the House, as amended, by a recorded vote of 15
Yeas to 12 Nays.
COMMITTEE VOTES
Clause 3(b) of rule XIII requires the Committee to list the
recorded votes on the motion to report legislation and
amendments thereto.
The vote was as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
COMMITTEE OVERSIGHT FINDINGS
In compliance with clause 3(c)(1) of 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, are incorporated in the descriptive portions of this
report.
CONGRESSIONAL BUDGET OFFICE ESTIMATE, NEW BUDGET AUTHORITY, ENTITLEMENT
AUTHORITY, AND TAX EXPENDITURES
With respect to the requirements of clause 3(c)(2) of rule
XIII 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 and section 402 of the Congressional Budget Act of
1974, the Committee adopts as its own the estimate of any new
budget authority, spending authority, credit authority, or an
increase or decrease in revenues or tax expenditures contained
in the cost estimate prepared by the Director of the
Congressional Budget Office.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 275 would require the Department of Homeland Security
to publish, on a publicly available website, a monthly report
on the number and nationalities of Special Interest Aliens
encountered by the department during the previous month.
Special Interest Aliens are non-U.S. nationals who, based on an
analysis of their travel patterns, potentially pose national
security risks to the United States.
On the basis of information about similar reporting
requirements, CBO estimates that implementing the bill would
cost less than $500,000 over the 2025-2030 period. Such
spending would be subject to the availability of appropriated
funds.
The CBO staff contact for this estimate is David Rafferty.
The estimate was reviewed by Christina Hawley Anthony, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act of 1995.
DUPLICATIVE FEDERAL PROGRAMS
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 275 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII, the objective of
H.R. 275 is to require the Secretary of Homeland Security to
publish, on a monthly basis, the number of special interest
aliens encountered attempting to unlawfully enter the United
States.
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF
BENEFITS
In compliance with rule XXI, this bill, as reported,
contains no congressional earmarks, limited tax benefits, or
limited tariff benefits as defined in clause 9(d), 9(e), or
9(f) of rule XXI.
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 THE LEGISLATIVE BRANCH
The Committee finds that H.R. 275 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.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
This section states that the Act may be cited as the
``Special Interest Alien Reporting Act of 2024.''
Section 2. Publication by the Department of Homeland Security of the
number of special interest aliens encountered attempting to
unlawfully enter the United States
Sec. 2(a) requires DHS to publish the total number, and
identification of the nationalities and countries of last
habitual residence of SIAs by the seventh day of each month.
The report shall include information including the number of
SIAs encountered, disaggregated by geographic regions of such
encounters; specifications related to whether the encounters
were at land, air, or sea ports of entry, between ports of
entry, or in the interior of the United States; and
identification of such nationalities or countries of last
habitual residence that are covered nations.
Sec. 2(b)(1) defines the term ``aliens'' as the meaning
given in section 101 of the Immigration and Nationality Act
(U.S.C. 1101).
Sec. 2(b)(2) defines the term ``covered nation'' as the
meaning given in section 4872(d)(2) of title 10, United States
Code.
Sec. 2(b)(3) defines the term ``special interest alien'' as
an alien who, based on analysis of travel patterns, potentially
poses a national security risk to the United States or its
interests.
MINORITY VIEWS
Committee Democrats support efforts to improve transparency
and accountability at the Department of Homeland Security
(DHS). However, such efforts should be carefully crafted so
that the information released cannot be easily exploited by
criminals and other bad actors. As reported out of committee,
H.R. 275 could make American communities less safe by tipping
off bad actors about law enforcement practices.
More specifically, H.R. 275 would require U.S. Customs and
Border Protection (CBP) to publicly report sensitive national
security information every month, giving bad actors real-time
updates on DHS operations. This includes requiring the
Secretary of Homeland Security to publish not only the number
of special interest aliens (SIAs) encountered every month by
DHS, but also their nationalities or countries of last habitual
residence and where they attempted to cross the border.
It is also important to note that the term ``special
interest alien'' does not indicate that there is specific
derogatory information about any given individual. Instead, the
SIA designation indicates that an individual's travel patterns
suggest a need for further investigation.\1\ According to
public reporting, an internal Border Patrol document states
that migrants could be deemed SIAs solely based on their
country of origin.\2\ If such reporting is accurate, publicly
reporting the countries of migrants receiving additional
screening every month via the SIA designation would be a boon
to transnational criminal organizations. Criminal organizations
could use this information to adjust their operations to
attempt to evade detection, including helping bad actors
determine when it is in their interest to destroy
identification documents and lie about their origins. This
would make American communities less safe.
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\1\Myth/Fact: Known and Suspected Terrorist/Special Interest
Aliens, Department of Homeland Security (Jan. 7, 2019), https://
www.dhs.gov/archive/news/2019/01/07/mythfact-known-and-suspected-
terroristsspecial-interest-aliens.
\2\Jennie Taer, Exclusive: Feds Flagged Nearly 75,000 Illegal
Migrants As Potential National Security Risk, The Daily Caller (Sept.
1, 2023), https://dailycaller.com/2023/09/01/illegal-
migrants-national-security-risk/[https://web.archive.org/web/
20240613172259/
https://dailycaller.com/2023/09/01/illegal-migrants-national-security-
risk/].
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Furthermore, DHS considers specific, identifying
information about SIAs to be law-enforcement sensitive
information. According to the Office of the Director of
National Intelligence, ``law enforcement sensitive (LES) refers
to unclassified information originated by agencies with law
enforcement missions that may be used in criminal prosecution
and requires protection against unauthorized disclosure to
protect sources and methods, investigative activity, evidence,
or the integrity of pretrial investigative reports.''\3\
Identifying information about SIAs is considered LES because
the term is dynamic, and thus releasing specifics about SIA in
real-time could help criminals and terrorists understand who
DHS is targeting for additional screening and where this
screening is occurring, and then use that information to
attempt to avoid the enhanced screenings intended to protect
public safety.
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\3\JCAT Intelligence Guide for First Responders, Office of the
Director of National Intelligence, https://www.dni.gov/nctc/jcat/
jcat_ctguide/intel_guide.html (accessed June 16, 2025).
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Finally, DHS is not currently prevented from publishing the
information required by this legislation should the Secretary
no longer deem it a potential threat to do so. In other words,
this bill is totally unnecessary except to overrule the
judgment of the Department that publishing such information
would make Americans less safe.
In summary, Committee Democrats support greater
transparency from the Department of Homeland Security, but such
efforts must be done in a manner that also protects public
safety. Unfortunately, H.R. 275 does not strike the necessary
balance.
Bennie G. Thompson.
[all]