ORDER Act

IB Union Calendar No. 30 118TH CONGRESS 1ST SESSION H. R. 1690 [Report No. 118–46, Part I] To authorize the Secretary of State to negotiate regional immigration agreements, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 22, 2023 Mr. MCCAUL introduced the following bill; which was referred to the Com- mittee on Foreign Affairs, and in addition to the Committee on the Judi- ciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned MAY 5, 2023 Additional sponsors: Mrs. WAGNER, Mr. MCCORMICK, Mr. SELF, Mrs. RADEWAGEN, Mr. MILLS, Mr. MORAN, Mr. BAIRD, Mrs. KIM of Cali- fornia, Mr. MAST, Mr. SMITH of New Jersey, Mr. WALTZ, Ms. SALAZAR, Mr. WILSON of South Carolina, Mr. GREEN of Tennessee, Mr. BARR, Mr. HUIZENGA, Mr. ISSA, and Mr. KEAN of New Jersey MAY 5, 2023 Reported from the Committee on Foreign Affairs with an amendment [Strike out all after the enacting clause and insert the part printed in italic] MAY 5, 2023 Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed [For text of introduced bill, see copy of bill as introduced on March 22, 2023] VerDate Sep 11 2014 22:22 May 05, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1690.RH H1690 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 1690 RH A BILL To authorize the Secretary of State to negotiate regional immigration agreements, and for other purposes. VerDate Sep 11 2014 22:22 May 05, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H1690.RH H1690 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 1690 RH 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 ‘‘Orderly Requirements 4 Designed to Enforce and Regulate Latin American Migra- 5 tion Act’’ or the ‘‘ORDER Act’’. 6 SEC. 2. UNITED STATES POLICY REGARDING WESTERN 7 HEMISPHERE COOPERATION ON IMMIGRA- 8 TION AND ASYLUM. 9 It is the policy of the United States to enter into agree- 10 ments, accords, and memoranda of understanding with sov- 11 ereign countries in the Western Hemisphere, the purposes 12 of which are to advance the interests of the United States 13 by reducing costs associated with illegal immigration and 14 to protect the human capital, societal traditions, and eco- 15 nomic growth of other sovereign nations in the Western 16 Hemisphere. It is further the policy of the United States 17 to ensure that humanitarian and development assistance 18 funding aimed at reducing illegal immigration is not ex- 19 pended on programs that have not proven to reduce illegal 20 immigrant flows in the aggregate. 21 SEC. 3. NEGOTIATIONS BY SECRETARY OF STATE. 22 (a) AUTHORIZATION TO NEGOTIATE.—The Secretary 23 of State shall seek to negotiate agreements, accords, and 24 memoranda of understanding between the United States, 25 VerDate Sep 11 2014 22:22 May 05, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H1690.RH H1690 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 1690 RH Mexico, Honduras, El Salvador, Guatemala, and other 1 countries in the Western Hemisphere with respect to co- 2 operation and burden sharing required for effective regional 3 immigration enforcement, expediting legal claims by aliens 4 for asylum, and the processing, detention, and repatriation 5 of foreign nationals seeking to enter the United States un- 6 lawfully. Such agreements shall be designed to facilitate a 7 regional approach to immigration enforcement and shall, 8 at a minimum, provide that— 9 (1) the Government of Mexico authorize and ac- 10 cept the rapid entrance into Mexico of nationals of 11 countries other than Mexico who seek asylum in Mex- 12 ico, and process the asylum claims of such nationals 13 inside Mexico, in accordance with both domestic law 14 and international treaties and conventions governing 15 the processing of asylum claims; 16 (2) the Government of Mexico authorize and ac- 17 cept both the rapid entrance into Mexico of all na- 18 tionals of countries other than Mexico who are ineli- 19 gible for asylum in Mexico and wish to apply for asy- 20 lum in the United States, whether or not at a port 21 of entry, and the continued presence of such nationals 22 in Mexico while they wait for the adjudication of 23 their asylum claims to conclude in the United States; 24 VerDate Sep 11 2014 22:22 May 05, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H1690.RH H1690 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 1690 RH (3) the Government of Mexico commit to provide 1 the individuals described in paragraphs (1) and (2) 2 with appropriate humanitarian protections; 3 (4) the Government of Honduras, the Govern- 4 ment of El Salvador, and the Government of Guate- 5 mala each authorize and accept the entrance into the 6 respective countries of nationals of other countries 7 seeking asylum in the applicable such country and 8 process such claims in accordance with applicable do- 9 mestic law and international treaties and conventions 10 governing the processing of asylum claims; 11 (5) the Government of the United States commit 12 to work to accelerate the adjudication of asylum 13 claims and to conclude removal proceedings in the 14 wake of asylum adjudications as expeditiously as pos- 15 sible; 16 (6) the Government of the United States commit 17 to continue to assist the governments of countries in 18 the Western Hemisphere, such as the Government of 19 Honduras, the Government of El Salvador, and the 20 Government of Guatemala, by supporting the en- 21 hancement of asylum capacity in those countries; and 22 (7) the Government of the United States commit 23 to monitoring developments in hemispheric immigra- 24 tion trends and regional asylum capabilities to deter- 25 VerDate Sep 11 2014 22:22 May 05, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H1690.RH H1690 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 1690 RH mine whether additional asylum cooperation agree- 1 ments are warranted. 2 (b) NOTIFICATION IN ACCORDANCE WITH CASE-ZA- 3 BLOCKI ACT.—The Secretary of State shall, in accordance 4 with section 112b of title 1, United States Code, promptly 5 inform the relevant congressional committees of each agree- 6 ment entered into pursuant to subsection (a). Such notifica- 7 tions shall be submitted not later than 48 hours after such 8 agreements are signed. 9 (c) ALIEN DEFINED.—In this section, the term ‘‘alien’’ 10 has the meaning given such term in section 101 of the Im- 11 migration and Nationality Act (8 U.S.C. 1101). 12 SEC. 4. MANDATORY BRIEFINGS ON UNITED STATES EF- 13 FORTS TO ADDRESS THE BORDER CRISIS. 14 (a) BRIEFING REQUIRED.—Not later than 90 days 15 after the date of the enactment of this Act, and not less fre- 16 quently than once every 90 days thereafter until the date 17 described in subsection (b), the Secretary of State, or the 18 designee of the Secretary of State, shall provide to the ap- 19 propriate congressional committees an in-person briefing on 20 efforts undertaken pursuant to the negotiation authority 21 provided by section 3 to monitor, deter, and prevent illegal 22 immigration to the United States, including by entering 23 into agreements, accords, and memoranda of understanding 24 with foreign countries and by using United States foreign 25 VerDate Sep 11 2014 22:22 May 05, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H1690.RH H1690 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 1690 RH assistance to stem the root causes of migration in the West- 1 ern Hemisphere. 2 (b) TERMINATION OF MANDATORY BRIEFING.—The 3 date described in this subsection is the date on which the 4 Secretary of State, in consultation with the heads of other 5 relevant Federal departments and agencies, determines and 6 certifies to the appropriate congressional committees that 7 illegal immigration flows have subsided to a manageable 8 rate. 9 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 10 FINED.—In this section, the term ‘‘appropriate congres- 11 sional committees’’ means the Committee on Foreign Affairs 12 of the House of Representatives and the Committee on For- 13 eign Relations of the Senate. 14 VerDate Sep 11 2014 22:22 May 05, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H1690.RH H1690 pbinns on DSKJLVW7X2PROD with $$_JOB Union Calendar No. 30 118TH CONGRESS 1ST SESSION H. R. 1690 [Report No. 118–46, Part I] A BILL To authorize the Secretary of State to negotiate re- gional immigration agreements, and for other purposes. MAY 5, 2023 Reported from the Committee on Foreign Affairs with an amendment MAY 5, 2023 Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 22:22 May 05, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\H1690.RH H1690 pbinns on DSKJLVW7X2PROD with $$_JOB