Federal

Upholding the Law at Our Border Act

Source: Congress.gov · 948 words in original text

What This Bill Does

This bill requires the Inspector General of the Department of Homeland Security (a watchdog official who investigates government activities) to investigate how people caught illegally crossing the southwest border are checked and processed. The Inspector General must report to the President, the Secretary of Homeland Security, the Attorney General, and Congress about whether laws are being followed in these cases.

Who It Affects

The Department of Homeland Security and its Inspector General must conduct the investigation and submit reports. Congress receives these reports, specifically the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Homeland Security. The people caught crossing the southwest border are the subject of the investigation.

Key Provisions

The Inspector General must conduct an investigation and submit a report at least every 60 days until monthly apprehensions (arrests) at the southwest border drop below 35,000 for 3 months in a row. (Sec. 2) The report must cover vetting procedures (background check processes) for people caught at the southwest border, including how many were interviewed in person. (Sec. 2) The report must show the total number of people unlawfully present in the United States who were released into the country's interior. (Sec. 2) The report must include results of audits of parole applications (requests to be allowed to stay temporarily for humanitarian reasons) and asylum applications. (Sec. 2) The report must identify which states and counties received resettled people from the Department of Homeland Security or Department of Health and Human Services since January 20, 2021. (Sec. 2)

What Changes

If this bill becomes law, the Inspector General must begin conducting regular investigations into border vetting and processing procedures and must submit written reports and briefings at least every 60 days. These reports must continue until monthly apprehensions fall below 35,000 for three consecutive months.

Important Definitions

The bill defines "illegal aliens" as people unlawfully present in the United States. It uses the definition of "aliens" from the Immigration and Nationality Act, which means foreign-born individuals.

II 118TH CONGRESS 1ST SESSION S. 276 To require the Inspector General of the Department of Homeland Security to investigate the vetting and processing of illegal aliens apprehended along the southwest border and to ensure that all laws are being upheld. IN THE SENATE OF THE UNITED STATES FEBRUARY 7, 2023 Mr. SCOTT of Florida (for himself, Mr. TUBERVILLE, Mr. JOHNSON, Mr. CRUZ, Mr. TILLIS, Mr. CASSIDY, Mr. RUBIO, and Mr. LANKFORD) intro- duced the following bill; which was read twice and referred to the Com- mittee on the Judiciary A BILL To require the Inspector General of the Department of Homeland Security to investigate the vetting and proc- essing of illegal aliens apprehended along the southwest border and to ensure that all laws are being upheld. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Upholding the Law 4 at Our Border Act’’. 5 VerDate Sep 11 2014 06:34 Feb 16, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S276.IS S276 kjohnson on DSK79L0C42PROD with BILLS 2 •S 276 IS SEC. 2. INVESTIGATION AND REPORT ON VETTING AND 1 PROCESSING OF ILLEGAL ALIENS APPRE- 2 HENDED ALONG THE SOUTHWEST BORDER 3 AND ENSURING THAT ALL LAWS ARE BEING 4 UPHELD. 5 Not less frequently than every 60 days until there 6 have been fewer than 35,000 apprehensions per month at 7 the southwest border for 3 consecutive months, the Inspec- 8 tor General of the Department of Homeland Security shall 9 conduct an investigation and submit a report and provide 10 a briefing to the President, the Secretary of Homeland 11 Security, the Attorney General, the Committee on Home- 12 land Security and Governmental Affairs of the Senate, 13 and the Committee on Homeland Security of the House 14 of Representatives regarding, with respect to the period 15 beginning on January 20, 2021— 16 (1) the vetting procedures applicable to aliens 17 (as defined in section 101(a) of the Immigration and 18 Nationality Act (8 U.S.C. 1101(a))) seeking entry or 19 admission to the United States who were appre- 20 hended along the southwest border of the United 21 States, including the process for conducting in-per- 22 son interviews with such aliens and the number of 23 such interviews that were conducted; 24 (2) the total number of aliens who are unlaw- 25 fully present in the United States (referred to in this 26 VerDate Sep 11 2014 06:34 Feb 16, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S276.IS S276 kjohnson on DSK79L0C42PROD with BILLS 3 •S 276 IS section as ‘‘illegal aliens’’) who were processed and 1 released into the interior of the United States; 2 (3) the number of illegal aliens who received pa- 3 role (humanitarian or otherwise); 4 (4) the results of the audit of parole applica- 5 tions, including the justification for any instances in 6 which parole was granted; 7 (5) the total number of illegal aliens who have 8 been placed in removal proceedings pursuant to sec- 9 tion 240 of the Immigration and Nationality Act (8 10 U.S.C. 1229a), including— 11 (A) how many of such illegal aliens have 12 been removed; and 13 (B) how many of such illegal aliens are eli- 14 gible for any immigration benefit, such as asy- 15 lum or lawful permanent residence; 16 (6) the results of the audit of asylum applica- 17 tion under section 208 of the Immigration and Na- 18 tionality Act (8 U.S.C. 1158); 19 (7) the total number of illegal aliens who have 20 been placed in expedited removal proceedings pursu- 21 ant to section 235(b)(1) of the Immigration and Na- 22 tionality Act (8 U.S.C. 1225(b)(1)), including how 23 many have been removed; 24 VerDate Sep 11 2014 06:34 Feb 16, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S276.IS S276 kjohnson on DSK79L0C42PROD with BILLS 4 •S 276 IS (8) the efforts of the Department of Homeland 1 Security to continually monitor all of the illegal 2 aliens who were apprehended along the southwest 3 border of the United States and then released on pa- 4 role, including— 5 (A) the number of such illegal aliens who 6 were given a ‘‘notice to report’’ to a U.S. Immi- 7 gration and Customs Enforcement office; 8 (B) the number of such illegal aliens who 9 actually reported in compliance with such notice 10 to report; 11 (C) the number of such illegal aliens who 12 were given a ‘‘notice to appear’’ before an im- 13 migration judge; and 14 (D) the number of such illegal aliens who 15 have prior criminal convictions or terms of im- 16 prisonment in the United States or outside of 17 the United States; 18 (9) the total number of illegal aliens who were 19 processed and released into the interior of the 20 United States without participating in an alter- 21 natives to detention program, such as using an ankle 22 monitor or another tracking monitor; and 23 (10) the States and counties in which the De- 24 partment of Homeland Security or the Department 25 VerDate Sep 11 2014 06:34 Feb 16, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S276.IS S276 kjohnson on DSK79L0C42PROD with BILLS 5 •S 276 IS of Health and Human Services has resettled illegal 1 aliens since January 20, 2021. 2 Æ VerDate Sep 11 2014 06:34 Feb 16, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S276.IS S276 kjohnson on DSK79L0C42PROD with BILLS

Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.