Solving the Border Crisis Act
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.
Sec. 2 Findings
Congress finds the following:
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.
The southern border is a major entry point for criminals, gang members, and illicit narcotics.
Recent years have seen sharp increases in the number of family units entering and seeking entry to the United States.
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:
Appropriate congressional committees— The term appropriate congressional committees means—
the Committee on Homeland Security and Governmental Affairs of the Senate;
the Committee on the Judiciary of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Homeland Security of the House of Representatives;
the Committee on the Judiciary of the House of Representatives; and
the Committee on Appropriations of the House of Representatives.
Tactical infrastructure— The term tactical infrastructure includes boat ramps, access gates, checkpoints, lighting, and roads associated with a border wall system.
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
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.
Procedures during 60-Day termination window—
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.
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—
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
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
Border wall system construction—
In general—
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.
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.
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.
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).
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.
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.
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
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.
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.
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.