[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 716 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 716
To extend title 42 expulsion authority, to resume border wall system
construction, to preserve the exclusive authority of immigration judges
over asylum 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 authority of immigration judges
over asylum claims, and to codify the Migrant Protection Protocols.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Solving the Border
Crisis Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
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 exclusive 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.
Congress finds the following:
(1) The current situation at the southern border presents a
border security and humanitarian crisis that threatens core
national security interests and constitutes a national
emergency.
(2) The southern border is a major entry point for
criminals, gang members, and illicit narcotics.
(3) Recent years have seen sharp increases in the number of
family units entering and seeking entry to the United States.
(4) If not detained, such aliens are often released into
the country and are often difficult to remove from the United
States because they fail to appear for hearings, do not comply
with orders of removal, or are otherwise difficult to locate.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the President should use the
authorities granted under sections 201 and 301 of the National
Emergencies Act (50 U.S.C. 1621 and 1631) to declare that a national
emergency exists at the southern border of the United States.
SEC. 4. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Homeland Security of the House
of Representatives;
(E) the Committee on the Judiciary of the House of
Representatives; and
(F) the Committee on Appropriations of the House of
Representatives.
(2) Tactical infrastructure.--The term ``tactical
infrastructure'' includes boat ramps, access gates,
checkpoints, lighting, and roads associated with a border wall
system.
(3) Technology.--The term ``technology'' includes border
surveillance and detection technology, including linear ground
detection systems, cameras, underground detection sensors, and
autonomous sensor towers, associated with a border wall system.
SEC. 5. TERMINATION OF SUSPENSION OF ENTRIES AND IMPORTS FROM
DESIGNATED PLACES RELATED TO THE COVID-19 PANDEMIC.
(a) In General.--An order of suspension issued under section 362 of
the Public Health Service Act (42 U.S.C. 265) as a result of the public
health emergency relating to the Coronavirus Disease 2019 (COVID-19)
pandemic declared by the Secretary of Health and Human Services on
January 31, 2020 under section 319 of such Act (42 U.S.C. 247d), and
any continuation of such declaration, shall be lifted not earlier than
120 days after the date on which the Surgeon General provides written
notification to the appropriate committees of Congress that such public
health emergency declaration and all such continuations have been
terminated.
(b) Procedures During 60-Day Termination Window.--
(1) Plan.--Not later than 30 days after the date on which a
written notification is provided pursuant to subsection (a)
with respect to an order of suspension, the Secretary of
Homeland Security, in consultation with the Surgeon General and
the head of any other Federal agency, State, Tribal, or local
government, or nongovernmental organization that has a role in
managing outcomes associated with such suspension (as
determined by the Secretary or his or her designee), shall
develop and submit a plan to the appropriate committees of
Congress that addresses any possible influx of entries or
imports (as described in such order of suspension) related to
the termination of such order.
(2) Failure to submit.--If the plan required under
paragraph (1) is not submitted to the appropriate committees of
Congress before the end of the 30-day period described in such
paragraph--
(A) the Secretary of Homeland Security shall
submit, not later than 7 days after the expiration of
such 30-day period, written notification to the
appropriate committees of Congress of the status of
preparing such plan and the date on by such plan will
be submitted in accordance with paragraph (1); and
(B) the termination of the order of suspension
described in subsection (a) shall be delayed until the
date that is 30 days after the date on which such plan
is submitted to the appropriate committees of Congress.
SEC. 6. RESUMPTION OF BORDER WALL SYSTEM CONSTRUCTION.
(a) Border Wall System Construction.--
(1) In general.--
(A) Immediately resume border wall system
construction.--Not later than 24 hours after the date
of the enactment of this Act, the Secretary of Homeland
Security shall resume all activities related to the
construction of the border wall system along the
international border between the United States and
Mexico that were underway or being planned for before
January 20, 2021.
(B) No cancellations.--The Secretary of Homeland
Security may not cancel any contract for activities
related to border wall system construction described in
paragraph (1) that was entered into on or before
January 20, 2021.
(C) Use of funds.--The Secretary of Homeland
Security shall expend all funds appropriated or
explicitly obligated for border wall system
construction described in paragraph (1) that were
appropriated or obligated, as the case may be, on or
after October 1, 2016.
(D) Implementation plan.--Not later than 30 days
after the date of enactment of this Act, the Secretary
of Homeland Security shall submit an implementation
plan to the appropriate congressional committees for
the completion, by not later than September 30, 2024,
of the border wall system construction described in
paragraph (1) and funded in accordance with
subparagraph (C).
(2) Plan to complete tactical infrastructure and technology
elements of border wall system.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Homeland Security shall submit an implementation plan to the
appropriate congressional committees that includes quarterly
benchmarks and cost estimates for satisfying all of the
requirements of the border wall system construction described
in paragraph (1)(A), including tactical infrastructure,
technology, and other elements identified by the Department of
Homeland Security before January 20, 2021, through the
expenditure of funds appropriated or explicitly obligated, as
the case may be, for use beginning on October 1, 2016, and any
additional funds appropriated by Congress for such purpose.
(3) Uphold negotiated agreements.--The Secretary of
Homeland Security shall ensure that all agreements relating to
current and future border wall system construction that were
executed in writing between the Department of Homeland Security
and private citizens, State, Tribal, and local governments, and
other stakeholders are honored by the Department in accordance
with the terms of such agreements.
(b) DNA Collection Consistent With Federal Law.--Not later than 14
days after the date of the enactment of this Act, the Secretary of
Homeland Security shall ensure and certify to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives that U.S. Customs and
Border Protection is fully compliant with the DNA Fingerprint Act of
2005 (title X of Public Law 109-162) at all border facilities that
process adults (including as part of a family unit) in the custody of
U.S. Customs and Border Protection.
SEC. 7. CONGRESSIONAL RESOLUTION OF DISAPPROVAL REGARDING TERMINATION
OF THE EXCLUSIVE AUTHORITY OF IMMIGRATION JUDGES OVER
ASYLUM CLAIMS.
Congress disapproves the interim final rule submitted by the
Executive Office for Immigration Review and U.S. Citizenship and
Immigration Services, relating to ``Procedures for Credible Fear
Screening and Consideration of Asylum, Withholding of Removal, and CAT
Protection Claims by Asylum Officers'' (87 Fed. Reg. 18078) and such
rule shall have no force or effect.
SEC. 8. TREATMENT OF ALIENS ARRIVING FROM CONTIGUOUS TERRITORY.
Section 235(b)(2)(C) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(2)(C)) is amended by striking ``may return'' and all
that follows and inserting the following: ``shall--''
``(i) return the alien to such territory,
or to a safe third country (as described in
section 208), pending a proceeding under
section 240; or
``(ii) detain the alien for further
consideration of an application for asylum,
which shall include a determination of credible
fear of persecution.''.
SEC. 9. MINIMUM STAFFING LEVELS.
(a) Office of Enforcement and Removal Operations.--The Secretary of
Homeland Security shall ensure that there are always not fewer than
10,000 full-time equivalent employees in the Office of Enforcement and
Removal Operations of U.S. Immigration and Customs Enforcement.
(b) U.S. Border Patrol.--The Secretary of Homeland Security shall
ensure that the authorized personnel level for United States Border
Patrol agents is not fewer than 25,000 agents, excluding Border Patrol
Reserve Agents and Border Patrol Processing Coordinators.
(c) Office of Field Operations.--The Secretary of Homeland Security
shall ensure that the authorized personnel level for U.S. Customs and
Border Protection officers in the Office of Field Operations is not
fewer than 25,000 officers, excluding Agriculture Specialists.
SEC. 10. MANDATORY DETENTION FUNDING.
Section 386(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1368(a)) is amended to read as
follows:
``(a) Increase in Detention Facilities.--
``(1) In general.--The Secretary of Homeland Security shall
ensure that sufficient detention facilities are available for
U.S. Immigration and Customs Enforcement to comply with the
mandatory detention requirements under section 235 of the
Immigration and Nationality Act (8 U.S.C. 1225).
``(2) Funding.--In addition to any amounts otherwise
appropriated for such purpose, the Secretary of Homeland
Security may use any mandatory fees collected by the Department
of Homeland Security for expenses incurred by the Secretary to
inspect, detain, transport, and provide medical care and any
other needed goods or services to aliens who have been detained
pursuant to section 235 of the Immigration and Nationality Act
(8 U.S.C. 1225).''.
SEC. 11. REPORT REQUIREMENT.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall submit a report to the
appropriate congressional committees that outlines how the Department
of Homeland Security is attempting to mitigate border encounters.
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