What This Bill Does
This bill addresses border security by extending certain expulsion authorities, requiring border wall construction to resume, protecting immigration judges' authority over asylum decisions, and establishing the Migrant Protection Protocols (a program that returns migrants to other countries while their cases are processed). The bill also sets minimum staffing levels for immigration enforcement agencies and requires detention facilities for people awaiting immigration proceedings.
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Who It Affects
- The Department of Homeland Security and its divisions (U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement)
- People arriving at the U.S. southern border seeking entry
- People detained during immigration proceedings
- Private contractors working on border wall construction
- Congress
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Key Provisions
- The Secretary of Homeland Security must resume all border wall system construction activities within 24 hours of the bill becoming law, including any contracts entered into before January 20, 2021, and must complete construction by September 30, 2024 (Sec. 6)
- The Secretary of Homeland Security must maintain at least 10,000 full-time employees in the Office of Enforcement and Removal Operations, at least 25,000 U.S. Border Patrol agents, and at least 25,000 U.S. Customs and Border Protection officers in the Office of Field Operations (Sec. 9)
- A specific rule about credible fear screening and asylum procedures issued by immigration agencies is disapproved and has no legal effect (Sec. 7)
- People arriving from countries directly bordering the United States must either be returned to that territory or a safe third country while their case is pending, or detained for asylum consideration including a credible fear determination (Sec. 8)
- The Secretary of Homeland Security must provide sufficient detention facilities for people detained under immigration law and may use mandatory fees collected by the Department to pay for inspecting, detaining, transporting, and providing medical care to detained people (Sec. 10)
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What Changes
The bill requires border wall construction to immediately resume using previously appropriated funds. The bill voids a rule that allowed asylum officers (not just judges) to make certain asylum decisions. People arriving from neighboring countries will be either returned or detained while their asylum cases are decided, rather than being released. Immigration enforcement agencies must maintain specific minimum staffing levels. The government must ensure enough detention facilities exist to hold people awaiting immigration hearings.
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Important Definitions
- **Tactical infrastructure**: boat ramps, access gates, checkpoints, lighting, and roads associated with a border wall system (Sec. 4)
- **Technology**: border surveillance and detection technology, including ground detection systems, cameras, underground detection sensors, and autonomous sensor towers associated with a border wall system (Sec. 4)
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Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 716
To extend title 42 expulsion authority, to resume border wall system construc-
tion, to preserve the exclusive authority of immigration judges over asy-
lum claims, and to codify the Migrant Protection Protocols.
IN THE SENATE OF THE UNITED STATES
MARCH 8, 2023
Mr. RISCH (for himself, Mr. CRAPO, Mr. HAGERTY, Mr. BUDD, Mr. TILLIS,
and Mr. BOOZMAN) introduced the following bill; which was read twice
and referred to the Committee on Homeland Security and Governmental
Affairs
A BILL
To extend title 42 expulsion authority, to resume border
wall system construction, to preserve the exclusive au-
thority of immigration judges over asylum claims, and
to codify the Migrant Protection Protocols.
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
‘‘Solving the Border Crisis Act’’.
5
(b) TABLE OF CONTENTS.—The table of contents for
6
this Act is as follows:
7
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•S 716 IS
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of Congress.
Sec. 4. Definitions.
Sec. 5. Termination of suspension of entries and imports from designated
places related to the COVID–19 pandemic.
Sec. 6. Resumption of border wall system construction.
Sec. 7. Congressional resolution of disapproval regarding termination of the ex-
clusive authority of immigration judges over asylum claims.
Sec. 8. Treatment of aliens arriving from contiguous territory.
Sec. 9. Minimum staffing levels.
Sec. 10. Mandatory detention funding.
Sec. 11. Report requirement.
SEC. 2. FINDINGS.
1
Congress finds the following:
2
(1) The current situation at the southern bor-
3
der presents a border security and humanitarian cri-
4
sis that threatens core national security interests
5
and constitutes a national emergency.
6
(2) The southern border is a major entry point
7
for criminals, gang members, and illicit narcotics.
8
(3) Recent years have seen sharp increases in
9
the number of family units entering and seeking
10
entry to the United States.
11
(4) If not detained, such aliens are often re-
12
leased into the country and are often difficult to re-
13
move from the United States because they fail to ap-
14
pear for hearings, do not comply with orders of re-
15
moval, or are otherwise difficult to locate.
16
SEC. 3. SENSE OF CONGRESS.
17
It is the sense of Congress that the President should
18
use the authorities granted under sections 201 and 301
19
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•S 716 IS
of the National Emergencies Act (50 U.S.C. 1621 and
1
1631) to declare that a national emergency exists at the
2
southern border of the United States.
3
SEC. 4. DEFINITIONS.
4
In this Act:
5
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
6
TEES.—The term ‘‘appropriate congressional com-
7
mittees’’ means—
8
(A) the Committee on Homeland Security
9
and Governmental Affairs of the Senate;
10
(B) the Committee on the Judiciary of the
11
Senate;
12
(C) the Committee on Appropriations of
13
the Senate;
14
(D) the Committee on Homeland Security
15
of the House of Representatives;
16
(E) the Committee on the Judiciary of the
17
House of Representatives; and
18
(F) the Committee on Appropriations of
19
the House of Representatives.
20
(2) TACTICAL
INFRASTRUCTURE.—The term
21
‘‘tactical infrastructure’’ includes boat ramps, access
22
gates, checkpoints, lighting, and roads associated
23
with a border wall system.
24
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•S 716 IS
(3) TECHNOLOGY.—The term ‘‘technology’’ in-
1
cludes border surveillance and detection technology,
2
including linear ground detection systems, cameras,
3
underground detection sensors, and autonomous sen-
4
sor towers, associated with a border wall system.
5
SEC. 5. TERMINATION OF SUSPENSION OF ENTRIES AND
6
IMPORTS FROM DESIGNATED PLACES RE-
7
LATED TO THE COVID–19 PANDEMIC.
8
(a) IN GENERAL.—An order of suspension issued
9
under section 362 of the Public Health Service Act (42
10
U.S.C. 265) as a result of the public health emergency
11
relating to the Coronavirus Disease 2019 (COVID–19)
12
pandemic declared by the Secretary of Health and Human
13
Services on January 31, 2020 under section 319 of such
14
Act (42 U.S.C. 247d), and any continuation of such dec-
15
laration, shall be lifted not earlier than 120 days after the
16
date on which the Surgeon General provides written notifi-
17
cation to the appropriate committees of Congress that
18
such public health emergency declaration and all such con-
19
tinuations have been terminated.
20
(b) PROCEDURES DURING 60-DAY TERMINATION
21
WINDOW.—
22
(1) PLAN.—Not later than 30 days after the
23
date on which a written notification is provided pur-
24
suant to subsection (a) with respect to an order of
25
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•S 716 IS
suspension, the Secretary of Homeland Security, in
1
consultation with the Surgeon General and the head
2
of any other Federal agency, State, Tribal, or local
3
government, or nongovernmental organization that
4
has a role in managing outcomes associated with
5
such suspension (as determined by the Secretary or
6
his or her designee), shall develop and submit a plan
7
to the appropriate committees of Congress that ad-
8
dresses any possible influx of entries or imports (as
9
described in such order of suspension) related to the
10
termination of such order.
11
(2) FAILURE TO SUBMIT.—If the plan required
12
under paragraph (1) is not submitted to the appro-
13
priate committees of Congress before the end of the
14
30-day period described in such paragraph—
15
(A) the Secretary of Homeland Security
16
shall submit, not later than 7 days after the ex-
17
piration of such 30-day period, written notifica-
18
tion to the appropriate committees of Congress
19
of the status of preparing such plan and the
20
date on by such plan will be submitted in ac-
21
cordance with paragraph (1); and
22
(B) the termination of the order of suspen-
23
sion described in subsection (a) shall be delayed
24
until the date that is 30 days after the date on
25
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•S 716 IS
which such plan is submitted to the appropriate
1
committees of Congress.
2
SEC. 6. RESUMPTION OF BORDER WALL SYSTEM CON-
3
STRUCTION.
4
(a) BORDER WALL SYSTEM CONSTRUCTION.—
5
(1) IN GENERAL.—
6
(A) IMMEDIATELY RESUME BORDER WALL
7
SYSTEM
CONSTRUCTION.—Not later than 24
8
hours after the date of the enactment of this
9
Act, the Secretary of Homeland Security shall
10
resume all activities related to the construction
11
of the border wall system along the inter-
12
national border between the United States and
13
Mexico that were underway or being planned
14
for before January 20, 2021.
15
(B) NO CANCELLATIONS.—The Secretary
16
of Homeland Security may not cancel any con-
17
tract for activities related to border wall system
18
construction described in paragraph (1) that
19
was entered into on or before January 20,
20
2021.
21
(C) USE
OF
FUNDS.—The Secretary of
22
Homeland Security shall expend all funds ap-
23
propriated or explicitly obligated for border wall
24
system construction described in paragraph (1)
25
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•S 716 IS
that were appropriated or obligated, as the case
1
may be, on or after October 1, 2016.
2
(D) IMPLEMENTATION
PLAN.—Not later
3
than 30 days after the date of enactment of
4
this Act, the Secretary of Homeland Security
5
shall submit an implementation plan to the ap-
6
propriate congressional committees for the com-
7
pletion, by not later than September 30, 2024,
8
of the border wall system construction described
9
in paragraph (1) and funded in accordance with
10
subparagraph (C).
11
(2) PLAN
TO
COMPLETE
TACTICAL
INFRA-
12
STRUCTURE AND TECHNOLOGY ELEMENTS OF BOR-
13
DER WALL SYSTEM.—Not later than 90 days after
14
the date of the enactment of this Act, the Secretary
15
of Homeland Security shall submit an implementa-
16
tion plan to the appropriate congressional commit-
17
tees that includes quarterly benchmarks and cost es-
18
timates for satisfying all of the requirements of the
19
border wall system construction described in para-
20
graph (1)(A), including tactical infrastructure, tech-
21
nology, and other elements identified by the Depart-
22
ment of Homeland Security before January 20,
23
2021, through the expenditure of funds appropriated
24
or explicitly obligated, as the case may be, for use
25
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•S 716 IS
beginning on October 1, 2016, and any additional
1
funds appropriated by Congress for such purpose.
2
(3) UPHOLD NEGOTIATED AGREEMENTS.—The
3
Secretary of Homeland Security shall ensure that all
4
agreements relating to current and future border
5
wall system construction that were executed in writ-
6
ing between the Department of Homeland Security
7
and private citizens, State, Tribal, and local govern-
8
ments, and other stakeholders are honored by the
9
Department in accordance with the terms of such
10
agreements.
11
(b) DNA COLLECTION CONSISTENT WITH FEDERAL
12
LAW.—Not later than 14 days after the date of the enact-
13
ment of this Act, the Secretary of Homeland Security shall
14
ensure and certify to the Committee on Homeland Secu-
15
rity and Governmental Affairs of the Senate and the Com-
16
mittee on Homeland Security of the House of Representa-
17
tives that U.S. Customs and Border Protection is fully
18
compliant with the DNA Fingerprint Act of 2005 (title
19
X of Public Law 109–162) at all border facilities that
20
process adults (including as part of a family unit) in the
21
custody of U.S. Customs and Border Protection.
22
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•S 716 IS
SEC. 7. CONGRESSIONAL RESOLUTION OF DISAPPROVAL
1
REGARDING TERMINATION OF THE EXCLU-
2
SIVE AUTHORITY OF IMMIGRATION JUDGES
3
OVER ASYLUM CLAIMS.
4
Congress disapproves the interim final rule submitted
5
by the Executive Office for Immigration Review and U.S.
6
Citizenship and Immigration Services, relating to ‘‘Proce-
7
dures for Credible Fear Screening and Consideration of
8
Asylum, Withholding of Removal, and CAT Protection
9
Claims by Asylum Officers’’ (87 Fed. Reg. 18078) and
10
such rule shall have no force or effect.
11
SEC. 8. TREATMENT OF ALIENS ARRIVING FROM CONTIG-
12
UOUS TERRITORY.
13
Section 235(b)(2)(C) of the Immigration and Nation-
14
ality Act (8 U.S.C. 1225(b)(2)(C)) is amended by striking
15
‘‘may return’’ and all that follows and inserting the fol-
16
lowing: ‘‘shall—’’
17
‘‘(i) return the alien to such territory,
18
or to a safe third country (as described in
19
section 208), pending a proceeding under
20
section 240; or
21
‘‘(ii) detain the alien for further con-
22
sideration of an application for asylum,
23
which shall include a determination of
24
credible fear of persecution.’’.
25
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•S 716 IS
SEC. 9. MINIMUM STAFFING LEVELS.
1
(a) OFFICE OF ENFORCEMENT AND REMOVAL OPER-
2
ATIONS.—The Secretary of Homeland Security shall en-
3
sure that there are always not fewer than 10,000 full-time
4
equivalent employees in the Office of Enforcement and Re-
5
moval Operations of U.S. Immigration and Customs En-
6
forcement.
7
(b) U.S. BORDER PATROL.—The Secretary of Home-
8
land Security shall ensure that the authorized personnel
9
level for United States Border Patrol agents is not fewer
10
than 25,000 agents, excluding Border Patrol Reserve
11
Agents and Border Patrol Processing Coordinators.
12
(c) OFFICE OF FIELD OPERATIONS.—The Secretary
13
of Homeland Security shall ensure that the authorized
14
personnel level for U.S. Customs and Border Protection
15
officers in the Office of Field Operations is not fewer than
16
25,000 officers, excluding Agriculture Specialists.
17
SEC. 10. MANDATORY DETENTION FUNDING.
18
Section 386(a) of the Illegal Immigration Reform and
19
Immigrant Responsibility Act of 1996 (8 U.S.C. 1368(a))
20
is amended to read as follows:
21
‘‘(a) INCREASE IN DETENTION FACILITIES.—
22
‘‘(1) IN GENERAL.—The Secretary of Homeland
23
Security shall ensure that sufficient detention facili-
24
ties are available for U.S. Immigration and Customs
25
Enforcement to comply with the mandatory deten-
26
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•S 716 IS
tion requirements under section 235 of the Immigra-
1
tion and Nationality Act (8 U.S.C. 1225).
2
‘‘(2) FUNDING.—In addition to any amounts
3
otherwise appropriated for such purpose, the Sec-
4
retary of Homeland Security may use any manda-
5
tory fees collected by the Department of Homeland
6
Security for expenses incurred by the Secretary to
7
inspect, detain, transport, and provide medical care
8
and any other needed goods or services to aliens who
9
have been detained pursuant to section 235 of the
10
Immigration and Nationality Act (8 U.S.C. 1225).’’.
11
SEC. 11. REPORT REQUIREMENT.
12
Not later than 60 days after the date of the enact-
13
ment of this Act, the Secretary of Homeland Security shall
14
submit a report to the appropriate congressional commit-
15
tees that outlines how the Department of Homeland Secu-
16
rity is attempting to mitigate border encounters.
17
Æ
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