Protect America First Act

I 117TH CONGRESS 1ST SESSION H. R. 1883 To enact a moratorium on immigration, build the wall, prioritize securing the Southern border, repeal certain Executive orders which endanger the security of the United States, re-assert a zero-tolerance immigration policy, ensure the safe return of unaccompanied alien children, reduce human trafficking, deport criminal aliens, and end chain migration. IN THE HOUSE OF REPRESENTATIVES MARCH 12, 2021 Mrs. GREENE of Georgia introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Intelligence (Permanent Select), Foreign Affairs, Armed Services, Energy and Commerce, House Adminis- tration, and Science, Space, and Technology, for a period to be subse- quently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To enact a moratorium on immigration, build the wall, prioritize securing the Southern border, repeal certain Executive orders which endanger the security of the United States, re-assert a zero-tolerance immigration pol- icy, ensure the safe return of unaccompanied alien chil- dren, reduce human trafficking, deport criminal aliens, and end chain migration. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:14 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1883.IH H1883 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 1883 IH SECTION 1. SHORT TITLE; TABLE OF CONTENTS; SEVER- 1 ABILITY; DEFINITIONS. 2 (a) This Act may be cited as the ‘‘Protect America 3 First Act’’. 4 (b) TABLE OF CONTENTS.—The table of contents of 5 this Act are as follows: 6 Sec. 1. Short title; table of contents; severability; definitions. Sec. 2. Purpose. Sec. 3. Findings. Sec. 4. Sense of Congress. Sec. 5. Reduced removal period for aliens ordered removed. Sec. 6. Temporary immigration moratorium; expedited deportation. Sec. 7. ICE detention of violent aliens. Sec. 8. No Federal funding for ‘‘Sanctuary Cities’’. Sec. 9. Empowering local law enforcement to ensure immigration security. Sec. 10. Build the wall. Sec. 11. Re-asserting zero-tolerance immigration policy. Sec. 12. Repeal of certain Executive orders signed after January 19, 2021. Sec. 13. Rescinding Deferred Action for Childhood Arrivals (DACA) and De- ferred Action for Parental Accountability (DAPA). Sec. 14. Prohibition of financial aid to Mexico, Central American, and South American countries. (c) SEVERABILITY.—If any provision of this Act, or 7 the application of such provision to any person or cir- 8 cumstance, is held invalid, the remainder of this Act, and 9 the application of such provision to other persons not simi- 10 larly situated or to other circumstances, shall not be af- 11 fected by such invalidation. 12 (d) DEFINITIONS.—In this Act: 13 (1) ‘‘Alien’’ refers to anyone who is not a cit- 14 izen or a national of the United States as defined in 15 the Immigration and Nationality Act (INA) 16 101(a)(3), 8 U.S.C. 1101(a)(3). 17 VerDate Sep 11 2014 01:14 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1883.IH H1883 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 1883 IH (2) ‘‘Inadmissible Alien’’ refers to any alien who 1 is ineligible to receive visas or be lawfully admitted 2 to the United States. 3 (3) ‘‘Central American country’’ is defined as 4 any of the following countries: Guatemala, Belize, El 5 Salvador, Honduras, Nicaragua, Costa Rica, and 6 Panama. 7 (4) ‘‘South American country’’ is defined as any 8 of the following countries: Brazil, Argentina, Peru, 9 Columbia, Bolivia, Venezuela, Chile, Paraguay, Ec- 10 uador, Guyana, Uruguay, Suriname, and French 11 Guiana. 12 SEC. 2. PURPOSE. 13 It is the purpose of this Act to cease all foreign immi- 14 gration to the United States for a period of four years 15 until the border is secured and Americans can return to 16 work. It is also the purpose of this Act to repeal certain 17 Executive orders which endanger the security of the 18 United States, re-assert a zero-tolerance immigration pol- 19 icy, ensure the safe return of unaccompanied alien chil- 20 dren, reduce human trafficking, deport criminal aliens, 21 and end chain migration. 22 SEC. 3. FINDINGS. 23 Congress finds the following: 24 VerDate Sep 11 2014 01:14 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1883.IH H1883 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 1883 IH (1) The Constitution gives Congress absolute 1 power to create a uniform rule of naturalization 2 under Article I, Section 8, Clause 4. 3 (2) Between 2013 and 2014, the number of un- 4 accompanied children apprehended at the border in- 5 creased nearly 80 percent, from 38,759 in fiscal year 6 2013 (October 2012–September 2013) to 68,541 in 7 fiscal year 2014 (October 2013–September 2014). 8 (3) The New York Times concluded that the 9 William Wilberforce Trafficking Victims Protection 10 Reauthorization Act of 2008 (Public Law 110–457, 11 hereafter ‘‘Wilberforce Act’’) enacted during the 12 transition to the Obama administration was at the 13 root of the calamitous flow of unaccompanied minors 14 to the Nation’s southern border in 2014. 15 (4) According to Cable News Network (CNN), 16 the Wilberforce Act contributed to the surge of child 17 migrants from Central America by preventing the 18 United States from sending the children back with- 19 out an asylum hearing. 20 (5) According to then-Presidential Candidate 21 Biden, it is a ‘‘moral failing when children are 22 locked away in overcrowded detention centers’’. 23 (6) According to the Los Angeles Times, Presi- 24 dent Obama’s Administration, under the leadership 25 VerDate Sep 11 2014 01:14 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1883.IH H1883 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 1883 IH of Vice President Joe Biden, Homeland Security 1 Secretary Jeh Johnson and Deputy Secretary 2 Alejandro Mayorkas, built the overcrowded detention 3 centers (so-called ‘‘cages’’). 4 (7) President Biden has made the following ac- 5 tions concerning immigration: 6 (A) Revoked President Trump’s travel ban 7 (Executive Order 13780) and allowed visa proc- 8 essing to begin again. 9 (B) Stopped all construction of a Southern 10 border wall and started the process to redirect 11 the funds appropriated for building a border 12 wall. 13 (C) Given Federal agencies the power to 14 completely overhaul President Trump’s immi- 15 gration policies (Executive Order 13993). 16 (D) Declared that Federal agents can no 17 longer deputize local law enforcement to assist 18 at the border when they are overwhelmed (Ex- 19 ecutive Order 13993). 20 (E) Directed the Department of Homeland 21 Security to preserve and fortify DACA. 22 (F) Directed the Department of Homeland 23 Security to expand pathways for individuals 24 from the Northern Triangle to enter the United 25 VerDate Sep 11 2014 01:14 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1883.IH H1883 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 1883 IH States, including by chain migration, and re- 1 introduces ‘‘catch and release’’ immigration 2 practices (Executive Order 14010). 3 (G) Stopped President Trump’s efforts to 4 halt immigration in order to slow the spread of 5 COVID–19 (Executive Order 14010). 6 (H) Targeted President Trump’s Migra- 7 tion Protection Protocols for probable recission 8 so that asylum seekers can enter more easily 9 (Executive Order 14010). 10 (8) President Trump supported deporting all 11 undocumented immigrants (‘‘inadmissible aliens’’) 12 and called for an end to unnaturalized birthright 13 citizenship in the United States. 14 (9) According to the BBC, border detentions 15 significantly increased under the Trump Administra- 16 tion. 17 SEC. 4. SENSE OF CONGRESS. 18 It is the sense of Congress that: 19 (1) The legal immigration system of the United 20 States should be curtailed to those that can con- 21 tribute not only economically but have demonstrated 22 respect for this Nation’s culture and rule of law. 23 VerDate Sep 11 2014 01:14 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1883.IH H1883 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 1883 IH (2) America’s borders must be defended, and il- 1 legal immigration must be stopped without excep- 2 tion. 3 (3) A measure of a country’s greatness is the 4 value recognized in being a citizen. As such, America 5 cannot tarnish the citizenship designation by reward- 6 ing those who fail to follow the laws at the expense 7 of those who do. 8 (4) Amnesty must be rejected in all forms. 9 (5) Unnaturalized birthright citizenship—which 10 actively encourages hostile interests to undermine 11 the legitimacy of democratic self-governance by en- 12 gaging in subversive ‘‘birth tourism’’ and chain mi- 13 gration—is contrary to the intent of the 14th 14 Amendment to the Constitution. 15 (6) Federally imposed refugee resettlement pro- 16 grams should be rejected due both to disruption to 17 local communities and the corruption rampant with- 18 in these programs. 19 SEC. 5. REDUCED REMOVAL PERIOD FOR ALIENS ORDERED 20 REMOVED. 21 Title 8 U.S.C. 1231(a)(1)(A) is amended by striking 22 ‘‘90 days’’ and inserting ‘‘30 days’’. 23 VerDate Sep 11 2014 01:14 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1883.IH H1883 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 1883 IH SEC. 6. TEMPORARY IMMIGRATION MORATORIUM; EXPE- 1 DITED DEPORTATION. 2 Title 8, United States Code, is amended by adding 3 at the end the following new section: 4 ‘‘SEC. 1383. TEMPORARY MORATORIUM OF IMMIGRATION; 5 RAPID DEPORTATION. 6 ‘‘(a) Notwithstanding any other provision of law, fol- 7 lowing the date of enactment of this Act, any alien who 8 unlawfully enters the United States without a valid pass- 9 port or other proof of U.S. Citizenship at a port of entry 10 shall be treated as an ‘inadmissible alien’ under 8 U.S.C. 11 1182(a) and under a removal order from the Attorney 12 General as prescribed at 8 U.S.C. 1231(a)(1)(A). 13 ‘‘(b) Further, such inadmissible aliens shall also be— 14 ‘‘(1) assumed to fall under the communicable 15 disease-carrying health-related status (8 U.S.C. 16 1182(1)(A)(i)); and 17 ‘‘(2) be subject to immediate detention and de- 18 portation (as though already ordered by the Attor- 19 ney General at 8 U.S.C. 1231(a)(1)(A)) to their 20 country of origin within 30 days of being detained 21 by a United States law enforcement or Homeland 22 Security officer. 23 ‘‘(c) Further, such inadmissible aliens who are de- 24 tained after January 1, 2021, shall not be required to ap- 25 pear before an immigration judge for adjudication pursu- 26 VerDate Sep 11 2014 01:14 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1883.IH H1883 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 1883 IH ant to the procedures outlined in 8 U.S.C. 1229(a) and 1 8 U.S.C. 1229. 2 ‘‘(d) Further, such removal proceedings under 3 1229(a) shall be used to adjudicate asylum and immigra- 4 tion claims filed before January 1, 2021. 5 ‘‘(e) Further, such inadmissible aliens as described 6 in this section shall, under no circumstances, be released 7 from law enforcement custody while awaiting deportation. 8 ‘‘(f) TIME LIMITATION.—This section shall apply for 9 4 calendar years following the date of enactment of this 10 Act.’’. 11 SEC. 7. ICE DETENTION OF VIOLENT ALIENS. 12 (a) Section 236(c) of the Immigration and Nation- 13 ality Act (8 U.S.C. 1226(c)) is amended— 14 (1) in paragraph (1)— 15 (A) in subparagraphs (A) and (B), by 16 striking the comma at the end of each subpara- 17 graph and inserting a semicolon; 18 (B) in subparagraph (C)— 19 (i) by striking ‘‘sentence’’ and insert- 20 ing ‘‘sentenced’’; and 21 (ii) by striking ‘‘, or’’ and inserting a 22 semicolon; 23 (C) in subparagraph (D), by striking the 24 comma at the end and inserting ‘‘; or’’; and 25 VerDate Sep 11 2014 01:14 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1883.IH H1883 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 1883 IH (D) by inserting after subparagraph (D) 1 the following: 2 ‘‘(E)(i)(I) was not inspected and admitted 3 into the United States; 4 ‘‘(II) held a nonimmigrant visa (or other 5 documentation authorizing admission into the 6 United States as a nonimmigrant) that has 7 been revoked under section 221(i); or 8 ‘‘(III) is described in section 9 237(a)(1)(C)(i); and 10 ‘‘(ii) has been charged by a prosecuting au- 11 thority in the United States with any crime 12 that resulted in the death or serious bodily in- 13 jury (as defined in section 1365(h)(3) of title 14 18, United States Code) of another person,’’; 15 and 16 (2) by adding at the end the following: 17 ‘‘(3) NOTIFICATION REQUIREMENT.—Upon en- 18 countering or gaining knowledge of an alien de- 19 scribed in paragraph (1), the Assistant Secretary of 20 Homeland Security for Immigration and Customs 21 Enforcement shall make reasonable efforts— 22 ‘‘(A) to obtain information from law en- 23 forcement agencies and from other available 24 sources regarding the identity of any victims of 25 VerDate Sep 11 2014 01:14 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1883.IH H1883 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 1883 IH the crimes for which such alien was charged or 1 convicted; and 2 ‘‘(B) to provide the victim or, if the victim 3 is deceased, a parent, guardian, spouse, or clos- 4 est living relative of such victim, with informa- 5 tion, on a timely and ongoing basis, including— 6 ‘‘(i) the alien’s full name, aliases, date 7 of birth, and country of nationality; 8 ‘‘(ii) the alien’s immigration status 9 and criminal history; 10 ‘‘(iii) the alien’s custody status and 11 any changes related to the alien’s custody; 12 and 13 ‘‘(iv) a description of any efforts by 14 the United States Government to remove 15 the alien from the United States.’’. 16 (b) SAVINGS PROVISION.—Nothing in this Act, or the 17 amendments made by this Act, may be construed to limit 18 the rights of crime victims under any other provision of 19 law, including section 3771 of title 18, United States 20 Code. 21 SEC. 8. NO FEDERAL FUNDING FOR ‘‘SANCTUARY CITIES’’. 22 Section 241(i) of the Immigration and Nationality 23 Act (8 U.S.C. 1231(i)) is amended by adding at the end 24 the following: 25 VerDate Sep 11 2014 01:14 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1883.IH H1883 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 1883 IH ‘‘(7) A State (or a political subdivision of a 1 State) shall not be eligibl [Text truncated for display. Full text available on Congress.gov.]