Federal

Secure the Border Act of 2023

Source: Congress.gov · 45,548 words in original text

What This Bill Does

** This bill focuses on strengthening border security between the United States and Mexico. It requires the federal government to resume construction of the border wall, deploy technology for surveillance, hire additional Border Patrol agents, and make changes to asylum rules. The bill addresses everything from physical barriers to employee hiring practices to how the government collects and reports border security information. **

Who It Affects

** * U.S. Customs and Border Protection (CBP) officers and Border Patrol agents * Law enforcement agencies in border states * People applying for asylum * Airport security officers at the Transportation Security Administration * Businesses involved in border security contracts * People arriving at the U.S. border * Immigration and Customs Enforcement personnel * States bordering Canada or Mexico **

Key Provisions

** * The Secretary of Homeland Security must resume all border wall construction activities that were underway or planned before January 20, 2021, within seven days of the law taking effect. (Sec. 102) * The Secretary must ensure the border wall, physical barriers, and technology are constructed along not fewer than 900 miles of the southwest border. (Sec. 103) * The Commissioner of CBP must hire, train, and assign enough Border Patrol agents to maintain at least 22,000 full-time Border Patrol agents by September 30, 2025. (Sec. 107) * CBP must publish operational statistics monthly on a public government website, including information about alien encounters, drug seizures, criminal arrests, and individuals in the terrorist screening database. (Sec. 118) * The Commissioner must establish staffing models for the U.S. Border Patrol and Air and Marine Operations within one year. (Sec. 109) **

What Changes

** * Border wall construction resumes immediately using previously appropriated funds and unused materials. * The government must deploy surveillance technology, including drones, radar, cameras, and ground detection systems along the southwest border. * The Secretary can waive certain legal requirements to speed up border barrier construction and maintenance. * CBP must achieve "operational control" of the southwest border, meaning the ability to detect and prevent unlawful entries and activities. * Border Patrol must maintain at least 22,000 active agents (previously this number was not legally required). * Monthly public reports must include detailed border encounter statistics broken down by region, location, and type of encounter. * State and local law enforcement agencies in border areas can receive federal grant money for equipment and personnel to support border security operations. * The government must eradicate carrizo cane plants and salt cedar along the Rio Grande River that block border security views by September 30, 2027. * CBP must ensure all Border Patrol agents have secure communication devices to communicate with each other and with other law enforcement. **

Important Definitions

** * **Operational Control:** The ability to detect, apprehend, and deter unlawful entries and activities in a border area. (Sec. 101) * **Situational Awareness:** The knowledge and understanding of current border activities and security conditions. (Sec. 101) * **Tactical Infrastructure:** Physical structures including boat ramps, access gates, checkpoints, lighting, and roads associated with border security. (Sec. 102) * **Technology:** Border surveillance and detection equipment including tower-based cameras, radar systems, unmanned aircraft, tunnel detection systems, and fiber-optic cable. (Sec. 102) * **Unmanned Aircraft System:** Aircraft that operates without an onboard pilot (drones). (Sec. 101) * **Alien Encounters:** People apprehended, determined inadmissible, or processed for removal by CBP. (Sec. 118) * **Got Away:** An individual who illegally crossed the border and evaded apprehension. (Sec. 118) * **Unaccompanied Alien Child:** A child under 18 years old with no parent or legal guardian present in the United States. (Sec. 118) **

Effective Date

** Various dates are specified throughout the bill. The border wall construction must resume within seven days of enactment. Monthly statistics must begin publication within the second full month after enactment. The staffing model must be implemented within one year. The eradication plan must be completed by September 30, 2027. (Sec. 102, 118, 109, 112) --- **NOTE:** This summary covers only the border security provisions (Division A) of the bill text provided. The text was truncated before the immigration enforcement and asylum reform sections (Division B) could be reviewed. A complete translation would require the full bill text.

II Calendar No. 71 118TH CONGRESS 1ST SESSION H. R. 2 IN THE SENATE OF THE UNITED STATES MAY 15, 2023 Received; read the first time MAY 16, 2023 Read the second time and placed on the calendar AN ACT To secure the borders of the United States, and for other purposes. 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Secure the Border Act of 2023’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. DIVISION A—BORDER SECURITY Sec. 101. Definitions. Sec. 102. Border wall construction. VerDate Sep 11 2014 00:56 May 17, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H2.PCS H2 pbinns on DSKJLVW7X2PROD with $$_JOB 2 HR 2 PCS Sec. 103. Strengthening the requirements for barriers along the southern bor- der. 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 ac- tion 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 bor- der. Sec. 125. Report by Inspector General of the Department of Homeland Secu- rity. 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 Se- curity 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 VerDate Sep 11 2014 00:56 May 17, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H2.PCS H2 pbinns on DSKJLVW7X2PROD with $$_JOB 3 HR 2 PCS 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 pro- grams. Sec. 813. Inspector General audits. Sec. 814. Agriculture workforce study. Sec. 815. Sense of Congress on further implementation. Sec. 816. Repealing regulations. VerDate Sep 11 2014 00:56 May 17, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H2.PCS H2 pbinns on DSKJLVW7X2PROD with $$_JOB 4 HR 2 PCS DIVISION A—BORDER SECURITY 1 SEC. 101. DEFINITIONS. 2 In this division: 3 (1) CBP.—The term ‘‘CBP’’ means U.S. Cus- 4 toms and Border Protection. 5 (2) COMMISSIONER.—The term ‘‘Commis- 6 sioner’’ means the Commissioner of U.S. Customs 7 and Border Protection. 8 (3) DEPARTMENT.—The term ‘‘Department’’ 9 means the Department of Homeland Security. 10 (4) OPERATIONAL CONTROL.—The term ‘‘oper- 11 ational control’’ has the meaning given such term in 12 section 2(b) of the Secure Fence Act of 2006 (Public 13 Law 109–367; 8 U.S.C. 1701 note). 14 (5) SECRETARY.—The term ‘‘Secretary’’ means 15 the Secretary of Homeland Security. 16 (6) SITUATIONAL AWARENESS.—The term ‘‘sit- 17 uational awareness’’ has the meaning given such 18 term in section 1092(a)(7) of the National Defense 19 Authorization Act for Fiscal Year 2017 (Public Law 20 114–328; 6 U.S.C. 223(a)(7)). 21 (7) UNMANNED AIRCRAFT SYSTEM.—The term 22 ‘‘unmanned aircraft system’’ has the meaning given 23 such term in section 44801 of title 49, United 24 States Code. 25 VerDate Sep 11 2014 00:56 May 17, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2.PCS H2 pbinns on DSKJLVW7X2PROD with $$_JOB 5 HR 2 PCS SEC. 102. BORDER WALL CONSTRUCTION. 1 (a) IN GENERAL.— 2 (1) IMMEDIATE RESUMPTION OF BORDER WALL 3 CONSTRUCTION.—Not later than seven days after 4 the date of the enactment of this Act, the Secretary 5 shall resume all activities related to the construction 6 of the border wall along the border between the 7 United States and Mexico that were underway or 8 being planned for prior to January 20, 2021. 9 (2) USE OF FUNDS.—To carry out this section, 10 the Secretary shall expend all unexpired funds ap- 11 propriated or explicitly obligated for the construction 12 of the border wall that were appropriated or obli- 13 gated, as the case may be, for use beginning on Oc- 14 tober 1, 2019. 15 (3) USE OF MATERIALS.—Any unused materials 16 purchased before the date of the enactment of this 17 Act for construction of the border wall may be used 18 for activities related to the construction of the bor- 19 der wall in accordance with paragraph (1). 20 (b) PLAN TO COMPLETE TACTICAL INFRASTRUC- 21 TURE AND TECHNOLOGY.—Not later than 90 days after 22 the date of the enactment of this Act and annually there- 23 after until construction of the border wall has been com- 24 pleted, the Secretary shall submit to the appropriate con- 25 gressional committees an implementation plan, including 26 VerDate Sep 11 2014 00:56 May 17, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2.PCS H2 pbinns on DSKJLVW7X2PROD with $$_JOB 6 HR 2 PCS annual benchmarks for the construction of 200 miles of 1 such wall and associated cost estimates for satisfying all 2 requirements of the construction of the border wall, in- 3 cluding installation and deployment of tactical infrastruc- 4 ture, technology, and other elements as identified by the 5 Department prior to January 20, 2021, through the ex- 6 penditure of funds appropriated or explicitly obligated, as 7 the case may be, for use, as well as any future funds ap- 8 propriated or otherwise made available by Congress. 9 (c) DEFINITIONS.—In this section: 10 (1) APPROPRIATE CONGRESSIONAL COMMIT- 11 TEES.—The term ‘‘appropriate congressional com- 12 mittees’’ means the Committee on Homeland Secu- 13 rity and the Committee on Appropriations of the 14 House of Representatives and the Committee on 15 Homeland Security and Governmental Affairs and 16 the Committee on Appropriations of the Senate. 17 (2) TACTICAL INFRASTRUCTURE.—The term 18 ‘‘tactical infrastructure’’ includes boat ramps, access 19 gates, checkpoints, lighting, and roads associated 20 with a border wall. 21 (3) TECHNOLOGY.—The term ‘‘technology’’ in- 22 cludes border surveillance and detection technology, 23 including linear ground detection systems, associated 24 with a border wall. 25 VerDate Sep 11 2014 00:56 May 17, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2.PCS H2 pbinns on DSKJLVW7X2PROD with $$_JOB 7 HR 2 PCS SEC. 103. STRENGTHENING THE REQUIREMENTS FOR BAR- 1 RIERS ALONG THE SOUTHERN BORDER. 2 Section 102 of the Illegal Immigration Reform and 3 Immigrant Responsibility Act of 1996 (Division C of Pub- 4 lic Law 104–208; 8 U.S.C. 1103 note) is amended— 5 (1) by amending subsection (a) to read as fol- 6 lows: 7 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se- 8 curity shall take such actions as may be necessary (includ- 9 ing the removal of obstacles to detection of illegal en- 10 trants) to design, test, construct, install, deploy, integrate, 11 and operate physical barriers, tactical infrastructure, and 12 technology in the vicinity of the southwest border to 13 achieve situational awareness and operational control of 14 the southwest border and deter, impede, and detect unlaw- 15 ful activity.’’; 16 (2) in subsection (b)— 17 (A) in the subsection heading, by striking 18 ‘‘FENCING AND ROAD IMPROVEMENTS’’ and in- 19 serting ‘‘PHYSICAL BARRIERS’’; 20 (B) in paragraph (1)— 21 (i) in the heading, by striking ‘‘FENC- 22 ING’’ and inserting ‘‘BARRIERS’’; 23 (ii) by amending subparagraph (A) to 24 read as follows: 25 VerDate Sep 11 2014 00:56 May 17, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2.PCS H2 pbinns on DSKJLVW7X2PROD with $$_JOB 8 HR 2 PCS ‘‘(A) REINFORCED BARRIERS.—In carrying 1 out this section, the Secretary of Homeland Se- 2 curity shall construct a border wall, including 3 physical barriers, tactical infrastructure, and 4 technology, along not fewer than 900 miles of 5 the southwest border until situational aware- 6 ness and operational control of the southwest 7 border is achieved.’’; 8 (iii) by amending subparagraph (B) to 9 read as follows: 10 ‘‘(B) PHYSICAL BARRIERS AND TACTICAL 11 INFRASTRUCTURE.—In carrying out this sec- 12 tion, the Secretary of Homeland Security shall 13 deploy along the southwest border the most 14 practical and effective physical barriers, tactical 15 infrastructure, and technology available for 16 achieving situational awareness and operational 17 control of the southwest border.’’; 18 (iv) in subparagraph (C)— 19 (I) by amending clause (i) to 20 read as follows: 21 ‘‘(i) IN GENERAL.—In carrying out 22 this section, the Secretary of Homeland 23 Security shall consult with the Secretary of 24 the Interior, the Secretary of Agriculture, 25 VerDate Sep 11 2014 00:56 May 17, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2.PCS H2 pbinns on DSKJLVW7X2PROD with $$_JOB 9 HR 2 PCS appropriate representatives of State, Trib- 1 al, and local governments, and appropriate 2 private property owners in the United 3 States to minimize the impact on natural 4 resources, commerce, and sites of historical 5 or cultural significance for the commu- 6 nities and residents located near the sites 7 at which physical barriers, tactical infra- 8 structure, and technology are to be con- 9 structed. Such consultation may not delay 10 such construction for longer than seven 11 days.’’; and 12 (II) in clause (ii)— 13 (aa) in subclause (I), by 14 striking ‘‘or’’ after the semicolon 15 at the end; 16 (bb) by amending subclause 17 (II) to read as follows: 18 ‘‘(II) delay the transfer to the 19 United States of the possession of 20 property or affect the validity of any 21 property acquisition by the United 22 States by purchase or eminent do- 23 main, or to otherwise affect the emi- 24 VerDate Sep 11 2014 00:56 May 17, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2.PCS H2 pbinns on DSKJLVW7X2PROD with $$_JOB 10 HR 2 PCS nent domain laws of the United States 1 or of any State; or’’; and 2 (cc) by adding at the end 3 the following new subclause: 4 ‘‘(III) create any right or liability 5 for any party.’’; and 6 (v) by striking subparagraph (D); 7 (C) in paragraph (2)— 8 (i) by striking ‘‘Attorney General’’ 9 and inserting ‘‘Secretary of Homeland Se- 10 curity’’; 11 (ii) by striking ‘‘this subsection’’ and 12 inserting ‘‘this section’’; and 13 (iii) by striking ‘‘construction of 14 fences’’ and inserting ‘‘the construction of 15 physical barriers, tactical infrastructure, 16 and technology’’; 17 (D) by amending paragraph (3) to read as 18 follows: 19 ‘‘(3) AGENT SAFETY.—In carrying out this sec- 20 tion, the Secretary of Homeland Security, when de- 21 signing, testing, constructing, installing, deploying, 22 integrating, and operating physical barriers, tactical 23 infrastructure, or technology, shall incorporate such 24 safety features into such design, test, construction, 25 VerDate Sep 11 2014 00:56 May 17, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2.PCS H2 pbinns on DSKJLVW7X2PROD with $$_JOB 11 HR 2 PCS installation, deployment, integration, or operation of 1 such physical barriers, tactical infrastructure, or 2 technology, as the case may be, that the Secretary 3 determines are necessary to maximize the safety and 4 effectiveness of officers and agents of the Depart- 5 ment of Homeland Security or of any other Federal 6 agency deployed in the vicinity of such physical bar- 7 riers, tactical infrastructure, or technology.’’; and 8 (E) in paragraph (4), by striking ‘‘this 9 subsection’’ and inserting ‘‘this section’’; 10 (3) in subsection (c)— 11 (A) by amending paragraph (1) to r [Text truncated for display. Full text available on Congress.gov.]

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.