Border Security and Enforcement Act of 2023

IB Union Calendar No. 31 118TH CONGRESS 1ST SESSION H. R. 2640 [Report No. 118–47, Part I] To provide for reform of the asylum system and protection of the border. IN THE HOUSE OF REPRESENTATIVES APRIL 17, 2023 Mr. MCCLINTOCK (for himself and Mr. BIGGS) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Education and the Workforce, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall with- in the jurisdiction of the committee concerned MAY 5, 2023 Additional sponsor: Mrs. LESKO MAY 5, 2023 Reported from the Committee on the Judiciary with an amendment [Strike out all after the enacting clause and insert the part printed in italic] MAY 5, 2023 Committees on Ways and Means, Education and the Workforce, and Home- land Security 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 April 17, 2023] VerDate Sep 11 2014 22:28 May 05, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2640.RH H2640 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2640 RH A BILL To provide for reform of the asylum system and protection of the border. VerDate Sep 11 2014 22:28 May 05, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H2640.RH H2640 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2640 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Border Security and Enforcement 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. TITLE I—ASYLUM REFORM AND BORDER PROTECTION Sec. 101. Short title. Sec. 102. Safe third country. Sec. 103. Credible fear interviews. Sec. 104. Clarification of asylum eligibility. Sec. 105. Exceptions. Sec. 106. Employment authorization. Sec. 107. Asylum fees. Sec. 108. Rules for determining asylum eligibility. Sec. 109. Firm resettlement. Sec. 110. Notice concerning frivolous asylum applications. Sec. 111. Technical amendments. Sec. 112. Requirement for procedures relating to certain asylum applications. TITLE II—BORDER SAFETY AND MIGRANT PROTECTION Sec. 201. Short title. Sec. 202. Inspection of applicants for admission. Sec. 203. Operational detention facilities. TITLE III—ENSURING UNITED FAMILIES AT THE BORDER Sec. 301. Short title. Sec. 302. Clarification of standards for family detention. TITLE IV—PROTECTION OF CHILDREN Sec. 401. Short title. Sec. 402. Findings. Sec. 403. Repatriation of unaccompanied alien children. Sec. 404. Special immigrant juvenile status for immigrants unable to reunite with either parent. Sec. 405. Rule of construction. TITLE V—VISA OVERSTAYS PENALTIES Sec. 501. Short title. Sec. 502. Expanded penalties for illegal entry or presence. VerDate Sep 11 2014 22:28 May 05, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6213 E:\BILLS\H2640.RH H2640 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 2640 RH TITLE VI—IMMIGRATION PAROLE REFORM Sec. 601. Short title. Sec. 602. Immigration parole reform. Sec. 603. Implementation. Sec. 604. Cause of action. Sec. 605. Severability. TITLE VII—LEGAL WORKFORCE Sec. 701. Short title. Sec. 702. Employment eligibility verification process. Sec. 703. Employment eligibility verification system. Sec. 704. Recruitment, referral, and continuation of employment. Sec. 705. Good faith defense. Sec. 706. Preemption and States’ rights. Sec. 707. Repeal. Sec. 708. Penalties. Sec. 709. Fraud and misuse of documents. Sec. 710. Protection of Social Security Administration programs. Sec. 711. Fraud prevention. Sec. 712. Use of employment eligibility verification photo tool. Sec. 713. Identity authentication employment eligibility verification pilot pro- grams. Sec. 714. Inspector General audits. Sec. 715. Agriculture Workforce Study. Sec. 716. Repealing regulations. TITLE I—ASYLUM REFORM AND 1 BORDER PROTECTION 2 SEC. 101. SHORT TITLE. 3 This title may be cited as the ‘‘Asylum Reform and 4 Border Protection Act of 2023’’. 5 SEC. 102. SAFE THIRD COUNTRY. 6 Section 208(a)(2)(A) of the Immigration and Nation- 7 ality Act (8 U.S.C. 1158(a)(2)(A)) is amended— 8 (1) by striking ‘‘if the Attorney General deter- 9 mines’’ and inserting ‘‘if the Attorney General or the 10 Secretary of Homeland Security determines—’’; 11 (2) by striking ‘‘that the alien may be removed’’ 12 and inserting the following: 13 VerDate Sep 11 2014 22:28 May 05, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H2640.RH H2640 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 2640 RH ‘‘(i) that the alien may be removed’’; 1 (3) by striking ‘‘, pursuant to a bilateral or mul- 2 tilateral agreement, to’’ and inserting ‘‘to’’; 3 (4) by inserting ‘‘or the Secretary, on a case by 4 case basis,’’ before ‘‘finds that’’; 5 (5) by striking the period at the end and insert- 6 ing ‘‘; or’’; and 7 (6) by adding at the end the following: 8 ‘‘(ii) that the alien entered, attempted to enter, 9 or arrived in the United States after transiting 10 through at least one country outside the alien’s coun- 11 try of citizenship, nationality, or last lawful habitual 12 residence en route to the United States, unless— 13 ‘‘(I) the alien demonstrates that he or she 14 applied for protection from persecution or tor- 15 ture in at least one country outside the alien’s 16 country of citizenship, nationality, or last lawful 17 habitual residence through which the alien 18 transited en route to the United States, and the 19 alien received a final judgment denying the alien 20 protection in each country; 21 ‘‘(II) the alien demonstrates that he or she 22 was a victim of a severe form of trafficking in 23 which a commercial sex act was induced by 24 force, fraud, or coercion, or in which the person 25 VerDate Sep 11 2014 22:28 May 05, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H2640.RH H2640 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 2640 RH induced to perform such act was under the age 1 of 18 years; or in which the trafficking included 2 the recruitment, harboring, transportation, pro- 3 vision, or obtaining of a person for labor or serv- 4 ices through the use of force, fraud, or coercion 5 for the purpose of subjection to involuntary ser- 6 vitude, peonage, debt bondage, or slavery, and 7 was unable to apply for protection from persecu- 8 tion in each country through which the alien 9 transited en route to the United States as a re- 10 sult of such severe form of trafficking; or 11 ‘‘(III) the only countries through which the 12 alien transited en route to the United States 13 were, at the time of the transit, not parties to the 14 1951 United Nations Convention relating to the 15 Status of Refugees, the 1967 Protocol Relating to 16 the Status of Refugees, or the United Nations 17 Convention against Torture and Other Cruel, In- 18 human or Degrading Treatment or Punish- 19 ment.’’. 20 SEC. 103. CREDIBLE FEAR INTERVIEWS. 21 Section 235(b)(1)(B)(v) of the Immigration and Na- 22 tionality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by 23 striking ‘‘there is a significant possibility’’ and all that fol- 24 lows, and inserting ‘‘, taking into account the credibility 25 VerDate Sep 11 2014 22:28 May 05, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H2640.RH H2640 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 2640 RH of the statements made by the alien in support of the alien’s 1 claim, as determined pursuant to section 208(b)(1)(B)(iii), 2 and such other facts as are known to the officer, the alien 3 more likely than not could establish eligibility for asylum 4 under section 208, and it is more likely than not that the 5 statements made by, and on behalf of, the alien in support 6 of the alien’s claim are true.’’. 7 SEC. 104. CLARIFICATION OF ASYLUM ELIGIBILITY. 8 (a) IN GENERAL.—Section 208(b)(1)(A) of the Immi- 9 gration and Nationality Act (8 U.S.C. 1158(b)(1)(A)) is 10 amended by inserting after ‘‘section 101(a)(42)(A)’’ the fol- 11 lowing: ‘‘(in accordance with the rules set forth in this sec- 12 tion), and is eligible to apply for asylum under subsection 13 (a)’’. 14 (b) PLACE OF ARRIVAL.—Section 208(a)(1) of the Im- 15 migration and Nationality Act (8 U.S.C. 1158(a)(1)) is 16 amended— 17 (1) by striking ‘‘or who arrives in the United 18 States (whether or not at a designated port of arrival 19 and including an alien who is brought to the United 20 States after having been interdicted in international 21 or United States waters),’’; and 22 (2) by inserting after ‘‘United States’’ the fol- 23 lowing: ‘‘and has arrived in the United States at a 24 port of entry (including an alien who is brought to 25 VerDate Sep 11 2014 22:28 May 05, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H2640.RH H2640 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 2640 RH the United States after having been interdicted in 1 international or United States waters),’’. 2 SEC. 105. EXCEPTIONS. 3 Paragraph (2) of section 208(b) of the Immigration 4 and Nationality Act (8 U.S.C. 1158(b)(2)) is amended to 5 read as follows: 6 ‘‘(2) EXCEPTIONS.— 7 ‘‘(A) IN GENERAL.—Paragraph (1) shall 8 not apply to an alien if the Secretary of Home- 9 land Security or the Attorney General deter- 10 mines that— 11 ‘‘(i) the alien ordered, incited, assisted, 12 or otherwise participated in the persecution 13 of any person on account of race, religion, 14 nationality, membership in a particular so- 15 cial group, or political opinion; 16 ‘‘(ii) the alien has been convicted of 17 any felony under Federal, State, tribal, or 18 local law; 19 ‘‘(iii) the alien has been convicted of 20 any misdemeanor offense under Federal, 21 State, tribal, or local law involving— 22 ‘‘(I) the unlawful possession or 23 use of an identification document, au- 24 thentication feature, or false identifica- 25 VerDate Sep 11 2014 22:28 May 05, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H2640.RH H2640 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 2640 RH tion document (as those terms and 1 phrases are defined in the jurisdiction 2 where the conviction occurred), unless 3 the alien can establish that the convic- 4 tion resulted from circumstances show- 5 ing that— 6 ‘‘(aa) the document or fea- 7 ture was presented before boarding 8 a common carrier; 9 ‘‘(bb) the document or feature 10 related to the alien’s eligibility to 11 enter the United States; 12 ‘‘(cc) the alien used the docu- 13 ment or feature to depart a coun- 14 try wherein the alien has claimed 15 a fear of persecution; and 16 ‘‘(dd) the alien claimed a 17 fear of persecution without delay 18 upon presenting himself or herself 19 to an immigration officer upon 20 arrival at a United States port of 21 entry; 22 ‘‘(II) the unlawful receipt of a 23 Federal public benefit (as defined in 24 section 401(c) of the Personal Respon- 25 VerDate Sep 11 2014 22:28 May 05, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H2640.RH H2640 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 2640 RH sibility and Work Opportunity Rec- 1 onciliation Act of 1996 (8 U.S.C. 2 1611(c))), from a Federal entity, or the 3 unlawful receipt of similar public ben- 4 efits from a State, tribal, or local enti- 5 ty; or 6 ‘‘(III) possession or trafficking of 7 a controlled substance or controlled 8 substance paraphernalia, as those 9 phrases are defined under the law of 10 the jurisdiction where the conviction 11 occurred, other than a single offense in- 12 volving possession for one’s own use of 13 30 grams or less of marijuana (as 14 marijuana is defined under the law of 15 the jurisdiction where the conviction 16 occurred); 17 ‘‘(iv) the alien has been convicted of an 18 offense arising under paragraph (1)(A) or 19 (2) of section 274(a), or under section 276; 20 ‘‘(v) the alien has been convicted of a 21 Federal, State, tribal, or local crime that 22 the Attorney General or Secretary of Home- 23 land Security knows, or has reason to be- 24 lieve, was committed in support, promotion, 25 VerDate Sep 11 2014 22:28 May 05, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H2640.RH H2640 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 2640 RH or furtherance of the activity of a criminal 1 street gang (as defined under the law of the 2 jurisdiction where the conviction occurred 3 or in section 521(a) of title 18, United 4 States Code); 5 ‘‘(vi) the alien has been convicted of an 6 offense for driving while intoxicated or im- 7 paired, as those terms are defined under the 8 law of the jurisdiction where the conviction 9 occurred (including a conviction for driving 10 while under the influence of or impaired by 11 alcohol or drugs), without regard to whether 12 the conviction is classified as a mis- 13 demeanor or felony under Federal, State, 14 tribal, or local law, in which such intoxi- 15 cated or impaired driving was a cause of 16 serious bodily injury or death of another 17 person; 18 ‘‘(vii) the alien has been convicted of 19 more than one offense for driving while in- 20 toxicated or impaired, as those terms are 21 defined under the law of the jurisdiction 22 where the conviction occurred (including a 23 conviction for driving while under the influ- 24 ence of or impaired by alcohol or drugs), 25 VerDate Sep 11 2014 22:28 May 05, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H2640.RH H2640 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 2640 RH without regard to whether the conviction is 1 classified as a misdemeanor or felony under 2 Federal, State, tribal, or local law; 3 ‘‘(viii) the alien has been convicted of 4 a crime— 5 ‘‘(I) that involves conduct 6 amounting to a crime of stalking; 7 ‘‘(II) of child abuse, child neglect, 8 or child abandonment; or 9 ‘‘(III) that involves conduct 10 amounting to a domestic assault or 11 battery offense, including— 12 ‘‘(aa) a misdemeanor crime 13 of domestic violence, as described 14 in section 921(a)(33) of title 18, 15 United States Code; 16 ‘‘(bb) a crime of domestic vi- 17 olence, as described in section 18 40002(a)(12) of the Violence 19 Against Women Act of 1994 (34 20 U.S.C. 12291(a)(12)); or 21 ‘‘(cc) any crime based on 22 conduct in which the alien har- 23 assed, coerced, intimidated, volun- 24 tarily or recklessly used (or 25 VerDate Sep 11 2014 22:28 May 05, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H2640.RH H2640 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •HR 2640 RH threatened to use) [Text truncated for display. 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