Border Security Provisions Overview of the Senate s Comprehensive Immigration Reform Bill following final passage of S. 744 Outline Definitions RPI triggers Limitation on waivers of border requirements Northern border Southern border commission Southern border strategy and fencing CIR trust fund Expanded CBP officer staffing Miscellaneous training, reporting, SCAAP, and 19 other border-related provisions Definitions Border Security Goal: To achieve and maintain effective control in high risk border sectors along Southern Border (SB). Commission: Southern Border Security Commission Comprehensive Southern Border Security Strategy (CSBSS): Strategy established by DHS to achieve and maintain an effectiveness rate of 90 percent or higher in all border sectors. Effective Control: The ability to achieve and maintain persistent surveillance and an effectiveness rate of 90 percent or higher. Effectiveness Rate: In the case of a border sector, the percentage calculated by (# of apprehensions + # of turn backs in the sector during a FY)/Total # of illegal entries in sector during a FY. Exit Controls: The bill requires an exit system for air and sea ports of entry, to cover all individuals entering the U.S. on visas with authorized periods of stay. High Risk Border Sector: Sector in which more than 30,000 individuals were apprehended in most recent FY. Northern Border: The international border between the U.S. and Canada. Registered Provisional Immigrant (RPI): Status available to immigrants who are undocumented. The availability of initial RPI status and the ability for RPIs to adjust to lawful permanent resident (LPR) status are tied to border security. Rural, high-trafficked areas: Rural areas through which drugs and undocumented aliens are routinely smuggled, designated by CBP. Southern Border: The international border between the U.S. and Mexico. Southern Border Fencing Strategy (SBFS): Strategy established by DHS that identifies where fencing (including double-layer), infrastructure, and technology including at ports of entry, should be deployed along Southern Border (SB). Southwest Border Region: 100 miles of the Southern Border (SB).
Triggers for RPI status and Adjustment from RPI to green card The CSBSS and SBFS strategies must be submitted to Congress before DHS can begin processing RPI applications. DHS in consultation with DOD and the Attorney General have 6 months from date of enactment to submit strategies DHS cannot adjust the status of aliens who have been granted RPI status (except Blue card holders or Dreamers) until 6 months after the date on which DHS, after consultation with the Attorney General, the Secretary of Defense, the Inspector General of DHS, and GAO submits to the President and Congress a written certification that: o Technology deployed. CSBSS has been submitted to Congress, includes minimum technology and equipment procurement/deployment requirements, and is deployed and operational (operational means the technology, infrastructure, and personnel, deemed necessary by DOD and GAO, and includes a broad list of technologies to achieve effective control of the SB, has been procured, funded, and is in current use by DHS to achieve effective control, except in the event of routine maintenance, de minimus nondeployment, or natural disaster that would prevent the use of such assets). o Fence built. SBFS has been submitted to Congress and implemented, and as a result DHS will certify that there is in place along the SB no fewer than 700 miles of pedestrian fencing which will include replacement of all currently existing vehicle fencing on nontribal lands on the SB with pedestrian fencing where possible. o National, uniform policy on E-Verify. E-Verify has been fully implemented and used by all employers. o Electronic Exit. Electronic exit system is being used by DHS at all international air and sea ports of entry within the U.S. where CBP officers are currently deployed; and o Border patrol expansion. No fewer than 38,405 trained, full-time active duty Border Patrol agents are deployed, stationed, and maintained along the SB. An exception to the triggers controlling when RPIs can adjust to a green card is provided if o Litigation or a force majeure has prevented 1 or more of the triggers from being implemented; OR one of the triggers has been held unconstitutional by the Supreme Court or the Supreme Court has granted certiorari to the litigation; AND o Ten years have elapsed since enactment of the Act. Exit control timetable (not identified as a trigger for RPI extension of status or RPI adjustment to green card): o By December 31, 2015, DHS must establish an electronic exit system at air and sea ports of entry that operates by collecting machine-readable visa or passport information from air and vessel carriers (biographic exit system). o By 2 years after enactment DHS shall create a biometric exit program at the nation s 10 highest volume international airports as determined by DOT international flight departure data. Funded by the CIR Trust Fund. o By 6 years after enactment, DHS shall establish, unless there is intervening action by Congress, a mandatory biometric exit system at all of the nation s core 30 international airports, as so designated by the FAA. Funded by the CIR Trust Fund. Availability of Waivers of Legal Requirements for Border Improvements DHS is authorized to waive all legal requirements that it determines to be necessary to ensure quick construction of the barriers, roads, or other physical infrastructure need to fulfill any of the security requirements of this section. The U.S. district courts shall have exclusive jurisdiction to hear all causes or claims of action arising out of DHS s actions in this section. Page 2 of 15
Only claims or causes of action alleging a violation of the Constitution may be brought. Claims or causes of action regarding this section must be filed within 60 days or will be barred. Appellate review is applicable only upon petition for a writ of certiorari to the USSC. Oversight of Power to Enter Private Land and Stop Vehicles Without A Warrant at NB Amends section 287(a) of the INA deals with powers of immigration officers without warrant authority. Establishes new mileage boundaries on the northern border for allowing immigration officers to board and search vessels and for access to patrol private land. Prohibition on Land Border Crossing Fees at NB or SB The Secretary shall not establish, collect, or otherwise impose a border crossing fee for pedestrians or passenger vehicles at land ports of entry along the Southern border or the Northern border, nor conduct any study relating to the imposition of such a fee. Border crossing fee means a fee that every pedestrian, cyclist, and driver and passenger of a private motor vehicle is required to pay for the privilege of crossing the SB or the NB at a land port of entry. Southern Border Security Commission Established within 1 year of enactment. Only if DHS cannot certify that it has achieved effective control in all border sectors for at least 1FY before 5 years after enactment, the Commission must submit a report described below and 60 days after submission funds will be made available to carry out the report recommendations. The Commission will be composed of: o 2 members appointed by President; o 2 members appointed by President pro tempore of the Senate (1 Republican and 1 Democrat); o 2 members by the Speaker of the House (1 Republican and 1 Democrat); and o 5 members (1 member from each State along the SB and 1 from Nevada) who must be the Governor of the State or appointed by the Governor of each State. Members of the Commission must have knowledge and border security qualifications, may include landowners in the SB area with first-hand knowledge of border issues. Vacancies within the Commission will not affect its powers Commission will choose a chair and establish rules that require approval of at least 6 members Primary Duties are to make recommendations to the President, DHS, and Congress on policies to achieve and maintain the border security goals (90 effectiveness rate in all high risk border sectors + persistent surveillance). Public hearings must convene at least 1 public hearing each year on border security Report, if due, must be submitted to the President, DHS, and Congress setting forth specific recommendations for policies of achieving and maintaining border security goals. Commission members are unpaid but get travel costs and per diem for services. DHS is also required to provide the Commission with support staff detailed from DHS components. The GAO will review the Commission recommendations The Commission will terminate 10 years of enactment. Page 3 of 15
Comprehensive Southern Border Security Strategy (CSBSS) and Southern Border Fencing Strategy (SBFS) SBFS must be established within 6 months of enactment and submitted to Congress and GAO. DHS must certify, pursuant to SBFS, that at least 700 miles of pedestrian fencing is implemented before RPI can adjust status to green card. Within 6 months DHS in consultation with DOD and the Attorney General has to submit a CSBSS to Congress (Judiciary, Homeland Security and Appropriations, and Armed Services Committees in both House and Senate) and GAO. The CSBSS must specify: o Priorities for successful execution o Capabilities required to meet all priorities including - Surveillance and detection capabilities developed or used by various Federal Departments and Agencies to enhance the functioning and operational capability to conduct continuous and integrated manned or unmanned, monitoring, sensing, or surveillance of 100% of the SB. The requirement for stationing sufficient Border Patrol agents and Customs and Border Protection officers at and between ports of entry along the SB. The necessary and qualified staff and equipment to fully utilize drones and unarmed, fixed wing aircraft. Minimum Requirements the CSBSS shall require, at a minimum, the deployment of the following technologies for each Border Patrol sector along the SB: o Arizona (Yuma and Tucson sectors between ports of entry) 50 integrated fixed towers 73 fixed camera systems, which include Remote Video Surveillance Systems 28 mobile surveillance systems 685 unattended ground sensors 22 handheld equipment devices o San Diego, CA (Between ports of entry) 3 integrated fixed towers 41 fixed camera systems, which include Remote Video Surveillance Systems 14 mobile surveillance systems 393 unattended ground sensors 83 handheld equipment devices o San Diego, CA (At ports of entry) 2 nonintrusive inspection systems, including fixed and mobile 1 radiation portal monitor 1 littoral detection and classification network o El Centro, CA (Between ports of entry) 66 fixed camera systems 18 mobile surveillance systems 85 unattended ground sensors 57 handheld equipment devices 2 sensor repeaters 2 communications repeaters o El Centro (At ports of entry) 5 fiber-optic tank inspection scopes 1 license plate reader Page 4 of 15
1 backscatter 2 portable contraband detectors 2 radiation isotope identification devices 8 radiation isotope identification devices updates 3 personal radiation detectors 16 mobile automated targeting systems o El Paso, TX (Between ports of entry) 27 integrated fixed towers 71 fixed camera systems 31 mobile surveillance systems 170 unattended ground sensors 24 handheld equipment devices 1 communications repeater 1 sensor repeater 2 camera refresh o El Paso, TX (At ports of entry) 4 nonintrusive inspection systems 23 fiber optic tank inspection scopes 1 portable contraband detector 19 radiation isotope identification device updates 1 real time radioscopy version 4 8 personal radiation detectors o Big Bend, TX (Between ports of entry) 7 fixed camera systems 29 mobile surveillance systems 1105 unattended ground sensors 131 handheld equipment devices 1 mid-range camera refresh 1 improved surveillance capabilities for existing aerostat 27 sensor repeaters 27 communications repeaters o Big Bend, TX (At ports of entry) 7 fiber optic tank inspection scopes 3 license plate readers 12 portable contraband detectors 7 radiation isotope identification devices 12 radiation isotope identification device updates 254 personal radiation detectors 19 mobile automated targeting systems o Del Rio, TX (Between ports of entry) 3 integrated fixed towers 74 fixed camera systems 47 mobile surveillance systems 868 unattended ground sensors 174 handheld equipment devices 26 mobile/handheld inspection scopes and sensors for checkpoints 1 improved surveillance capabilities for existing aerostat 21 sensor repeaters Page 5 of 15
21 communications repeaters o Del Rio, TX (At ports of entry) 4 license plate readers 13 radiation isotope identification updates 3 mobile automated targeting systems 6 land automated targeting systems o Laredo, TX (Between ports of entry) 2 integrated fixed towers 69 fixed camera systems 38 mobile surveillance systems 573 unattended ground sensors 124 handheld equipment devices 38 sensor repeaters 38 communications repeaters o Laredo, TX (At ports of entry) 1 nonintrusive inspection system 7 fiber optic tank inspection scopes 19 license plate readers 2 backscatter 14 portable contraband detectors 2 radiation isotope identification devices 18 radiation isotope identification updates 16 personal radiation detectors 24 mobile automated targeting systems 3 land automated targeting systems o Rio Grande Valley (Between ports of entry) 1 integrated fixed tower 87 fixed camera systems 27 mobile surveillance systems 716 unattended ground sensors 205 handheld equipment devices 4 sensor repeaters 1 communications repeater 2 camera refresh o Rio Grande Valley (At ports of entry) 1 mobile nonintrusive inspection system 11 fiber-optic tank inspection scopes 1 license plate reader 2 backscatter 2 card reader system 8 portable contraband detectors 5 radiation isotope identification devices 18 radiation isotope identification devices updates 135 personal radiation detectors o Air and Marine across SW Border 4 unmanned aircraft systems 6 VADER radar systems 17 UH-1N helicopters Page 6 of 15
8 C-206H aircraft upgrades 8 AS-350 light enforcement helicopters 10 Blackhawk helicopter 10 A-L conversions, 5 new Blackhawk M Model 30 marine vessels Redeployment of Resources to Achieve Effective Control DHS may reallocate the personnel, infrastructure, and technologies required in the CSBSS to achieve effective control of the SB. Alternate Technology can be deployed in place of above if DHS determines that it is more effective. DHS must notify Congress within 60 days of such determination. Beginning 1 year after enactment, DHS shall provide to Congress an annual written report on the sector-by-sector deployment of infrastructure and technologies. The CSBSS must describe resource alignment, interim goals, and provide a schedule for milestones. DHS is required to submit semi-annual reports on progress to Congress and GAO. Semi-Annual Reports must contain information on o Progress (steps taken, goals, etc) o Impediments o The effectiveness rate, number of recidivist apprehensions, and the recidivism rate for all unique subjects that received a criminal consequence through the Consequence Delivery System process for each SB Border Patrol sector. o The Comptroller General of the United States shall conduct an annual review of the information contained in the semiannual reports submitted by DHS and submit an assessment of the status and progress of the CSBSS to Congress. Border Patrol must deploy equipment and technology: o Additional mobile, video, and portable surveillance systems, and unmanned aerial vehicles in the SW border region to provide 24 hour operation and surveillance; o Operate unarmed unmanned aerial vehicles along the SB 24/7. o Deploy unarmed additional fixed-wing aircraft and helicopters along SB; o Acquire new rotorcraft and make upgrades to existing helicopter fleet; and o Increase horse patrols. o Acquire and deploy watercraft and other maritime border related equipment CIR Trust Fund (TF) This trust fund will include amounts transferred from the general fund of the Treasury along with proceeds from immigration fees described in this section. On 10/1/2013 or date of enactment, $46.3 B will be transferred from the general fund of the Treasury to the TF. On 10/1/2013 or date of enactment $3B will be appropriated from the general fund of the Treasury to a CIR Startup Account for one-time startup costs (available until 9/30/2015). A detailed expenditure plan for the startup costs is required as well. The CIR Trust Fund will be funded on an ongoing basis by various program fees for specific visa programs. The fund will be used to support border security activities and the management of specific programs outlined below. As necessary to carry out the purposes of this Act, DHS may adjust the amounts of the fees and penalties, except for the fines and penalties for RPIs and Blue Card holders (both initial and green card penalties). DHS is required to adjust fee and penalties (except for RPI and Blue card) to result in no less than $500 Million being available for FY 14, and $1Billion for FY 2015-2023 for appropriations for activities authorized under this act. If no enough money is collected to Page 7 of 15
sustain these amounts, then DHS may charge an additional surcharge on every immigrant and nonimmigrant petition filed with DHS in an amount designed to be the minimum proportional surcharge necessary to recover the annual mandatory enforcement expenditures in the bill. Use of Funds o Initial Funding $30B for 10 years after enactment to hire and deploy at least 19,200 additional Border Patrol agents along the SB. $2B during 10 year period to carry out programs, projects, and activities recommended by the Commission to achieve and maintain border security goals (includes administrative expenses associated with convening public hearings and preparing summaries of the hearings); $8B during first 5 year period for SBFS, with $7.5B to be used to deploy, repair, or replace fencing; $750M for use during first 6 year period to implement E-Verify $900M during first 8 years to pay for one-time startup costs of act $150M during first 2 years to USDA to pay for initial costs of act The first $8.3B collected in fees shall be deposited into the General Fund of the Treasury to pay for deficit reduction. o Program Implementation $50 M for FY14-18 to carry out activities to enhance border crossing persecutions. $50 M for FY14-18 to carry out existing Operation Stonegarden activities o Ongoing Funding Such sums as may be necessary to carry out the authorizations included in this bill, including the costs associated with additional border personnel, and money that is necessary to carry out the operations and maintenance of border security and immigration enforcement investments of the CSBSS. DHS, DOD, and DOJ have to create a detailed expenditure plan with Congress that describes o Types and planned deployment of fixed, mobile, video, and agent officer portable surveillance and detection equipment; o Number of BP agents and CBP officers to be hired, including a detailed description of which BP sectors and land ports of entry they will be stationed at; o Numbers and type of unarmed, unmanned aerial systems and unarmed, fixed-wing rotary aircraft, including pilots, air interdiction agents, and support staff to fly and maintain equipment; o Locations, amount, and planned deployment of fencing and other technology; o Numbers, types, and planned deployment of ground-based mobile surveillance systems; o Numbers, types and planned deployment of tactical and other interoperable law enforcement communications systems and equipment; o Required construction, expansion, and maintenance and location of additional checkpoints, BP stations, and forward operating bases; o Number of additional attorneys and support staff for Office of US Attorney for Tucson; o Number of additional support staff and interpreters for Tucson; o Number of additional personnel for Tucson; o Number of additional magistrate judges for the SB US District Courts; o Activities to be funded by Homeland Security border Oversight Task Force; o Amounts and types of grants to States and other entities; o Amounts and activities necessary to hire additional personnel and for start-up costs related to getting E-Verify fully upgraded and functioning within 5 years; Page 8 of 15
o Number of additional personnel and other costs associated with implementing the immigration courts and removal proceedings mandated by the overstay program; o Steps the SSA plans to take to create a fraud-resistant, tamper-resistant SS card DHS must conduct annual audits of the CIR Trust Fund along with GAO and submit them to Congress. Additional U.S. CBP Officers (at Ports of Entry) By 9/30/2021 DHS must increase the number of trained full-time active duty BP agents to the SB by 38,405. By 9/30/2017 DHS must add 3,500 trained CBP officers to the ports of entry. In allocating any new officers to international land ports of entry and high volume international airports, the primary goals shall be to increase security and reduce wait times of commercial and passenger vehicles at international land ports of entry and primary processing wait times at high volume international airports by 50% by FY 2014 and screening all air passengers within 45 minutes under normal operating conditions or 80% of passengers within 30 minutes by FY 2016. By 9/30/2015 DHS shall increase the number of trained CBP and Air and Marine drone systems, marine agent and personnel by 160 compared to the number of such officers as of the date of enactment. DHS shall increase and maintain CBP Air and Marine flight hours to 130,000 annually. These officers can be moved/reassigned from the SB to the Northern Border. A $16 fee is added to ESTA (The Electronic System for Travel Authorization) for all Visa Waiver Program applicants which will be deposited into the TF to pay for additional CBP staff. Recruitment of Former members of the Armed Forces and Members of Reserve Components of the Armed Forces o DHS in conjunction with DOD, shall establish a program to actively recruit members of the reserve components and veterans to serve in CBP and ICE. o DHS will create recruitment incentives including student loan repayment for BP agents with a 3 year commitment, recruitment and relocation bonuses and retention allowances for personnel of DHS. o DHS must provide a report on recruitment incentives within 90 day of enactment Prior to the hiring and training of additional CBP officers, DHS shall submit to Congress a report on current wait times, officer staffing, and projections for new officer allocation at all ports of entry. Miscellaneous 1. National Guard Support on SB With approval by DOD, the Governor of a State may order the National Guard of a State to assist CBP to secure the SB. The National Guard will have the temporary authority to o Construct fencing o Increase ground based surveillance systems o Deploy additional UAS systems and aircraft to maintain continuous surveillance o Deploy radio communications interoperability between CBP, State, local, and tribal law enforcement agencies o Construct checkpoints along SB and o Provide assistance to CBP in rural, high-trafficked areas Page 9 of 15
2. Enhancement of Existing Border Security Operations CBP will increase border crossing prosecutions in the Tucson Sector up to 210 per day by increasing funding for personnel in this sector. DHS will also reimburse State, local and tribal law enforcement agencies for any detention costs related to border crossing prosecutions. The chief judge of the US District Court for AZ can appoint additional magistrate judges to help with border crossing prosecutions. Funds will be appropriated from the TF. More funding for Operation Stonegarden, which helps local law enforcement assist DHS with drug interdiction and alien apprehension activities. The legislation will provide funding to construct additional Border Patrol stations in the Southwest Border Region to provide fully operational support in rural, high-trafficked areas and to analyze possible creation of additional Border Patrol sectors. Funding will also be provided to enhance existing Border Patrol bases to increase productivity, interdiction and apprehension. The bill calls for DHS and the DOT, in consultation with the governors of the States in the Southwest border region and the Northern border region, shall establish a grant program, which shall be administered by DOT and the GSA to construct transportation and supporting infrastructure improvements at existing and new international border crossings necessary to facilitate trade and travel. Additional Permanent District Court Judgeships in SW Border States o The President shall appoint, by and with the advice and consent of the Senate 2 additional district judges for AZ 3 additional district judges for the eastern district of CA 2 additional district judges for the western district of TX 1 additional district judge for the southern district of TX 3. Border Security on Certain Federal Land Federal lands are defined to include all land under the control of the United States Department of Agriculture (USDA) and Department of Interior (DOI) that is located within the SW Border region in the State of Arizona along the SB. USDA and DOI are authorized to provide CBP with immediate access to federal lands to patrol and deploy surveillance and detection equipment. The security activities conducted by CBP should try to protect the environment and cultural resources. CBP will be provided training on these issues in the region to alleviate damage. However, security comes first. Environmental Impact Statement o DHS in consultation with the USDA and DOI will create an environmental impact statement to be published in the federal register. A pending statement will not hold up border activities or funding. o The statement is advisory in nature and cannot restrict the ability of DHS to gain effective control on Federal lands. 4. Access to Emergency Personnel Satellite Phone Grant Program o Establishes a 2 year grant program to improve emergency communications in the SW Border region by providing individuals who reside or work in the region who lack cellular service with funds to purchase a satellite communications telephone system. Interoperable Communications for Law Enforcement Page 10 of 15
o During the first 5 year period after enactment, funds will be appropriated as necessary to purchase interoperable radios for federal and state and local law enforcement agencies. Also funds will be appropriated to upgrade the interoperable and divisional communications network of DOJ to address emergencies. o State and local law enforcement agencies will be provided access to the federal spectrum radio during an emergency. Distress Beacons o CBP, working through BP shall identify areas near the NB and SB where migrant deaths are occurring due to climactic and environmental conditions and deploy up to 1,000 beacon stations in the areas identified. Emergency beacons will allow people to make 911 calls when needed and be movable to allow BP to relocate them. 5. SW Border Region Prosecution Initiative Reimbursement will be provided to state and local prosecutors for costs associated with the prosecution and pre-trial detention of federally initiated criminal cases declined by local offices of the U.S. Attorneys. 6. Interagency Collaboration The DOD and DHS s Office of Science and Technology are to coordinate with one another to identify DOD technology and equipment that could be used by CBP to improve security of the SB. 7. SCAAP The State Criminal Alien Assistance Program is reauthorized. 8. Use of Force Requires DHS to create use of force policies for all personnel and requires all personnel to report each use of force. 9. Training for Border Security and Immigration Enforcement Officers All DHS personnel stationed within 100 miles of any land or marine border of the U.S. or any port of entry will receive appropriate training, which will be prepared in collaboration with the Assistant Attorney General for the Civil Rights Division of the DOJ regarding: o Identifying and detecting fraudulent travel documents o Civil, constitutional, human, and privacy rights of individuals o Scope of enforcement authorities, including interrogations, stops, searches, seizures, arrests and detention; o DHS s use of force policies o Immigration laws o Social and cultural sensitivity toward border communities o Impact of border operations on communities and o Particular environmental concerns in particular areas. Similar training will be provided to border community liaison officers in Border Patrol sectors along the SB and NB. Requires DHS to establish standards to ensure humane conditions for children in the custody of CBP within 90 days of enactment. 10. CBP and Consular Training on Admissions Page 11 of 15
DHS must establish ongoing training modules on immigration law for staff at U.S. ports of entry, consulates, and embassies. This training will help improve adjudications. 11. DHS Border Oversight Task Force Establishes an independent task force that will review and make recommendations regarding immigration and border enforcement policies, strategies, and programs that take into consideration their impact on border and tribal communities. Task Force will recommend ways to collaborate with border communities, evaluate how programs of Federal agencies on the border impact migrants and border communities, and evaluate and make recommendations on training of border enforcement personnel. Task Force will be composed of 29 members appointed by the President. Members must have expertise in migration, local crime indices, civil and human rights, community relations, crossborder trade and commerce, quality of life indicators, or other pertinent experience. o 14 members from the NB region 2 local government elected officials 2 local law enforcement officials 2 tribal government officials 2 civil rights advocates 1 business representative 1 higher education representative 1 private land owner representative 1 faith community representative 2 Border Patrol representatives o 19 members from the SB region 3 local government elected officials 3 local law enforcement officials 2 tribal government officials 3 civil rights advocates 2 business representatives 1 higher education representative 2 private land owner representatives 1 faith community representative 2 Border Patrol representatives 3 year maximum appointments, members will elect and Chair and Vice Chair. Task Force can hold hearings and make recommendations to DHS to which DHS must respond to within 180 days. If DHS disagrees with any finding of the Task Force, the Secretary shall provide an explanation for the disagreement. The Chair or 16 members of the Task Force may request statistics from any Federal agency that are related to their mission. Members are unpaid but reimbursed for travel costs 2 years after its first meeting the Task Force must submit a final report to the President, Congress, and DHS that contains findings with respect to the duties of the Task Force; and recommendations regarding border and immigration enforcement policies, strategies, and programs including a recommendation of whether the Task Force should continue to operate and a description of any duties the Task Force should be responsible for after its termination. Appropriations provided for Task Force FY14-17 Task Force will terminate operations 60 days after submitting final report Page 12 of 15
Expands the functions of the DHS Immigration Ombudsman to include providing assistance to individuals and families who have been the victims of crimes committed by aliens or violence near the United States border. 12. Grant Accountability Requires audits on all grants awarded by the Secretary of DHS, the Director of FEMA, the Chief of the Office of Citizenship and New Americans, and the Director of the National Science Foundation under this Act. Provides specific requirements for non-profit organizations to receive grants. Provides limits on the amount of a grant that may be spent on a conference ($20,000 maximum under Act unless special written authorization from grantor). 13. Ombudsman for Immigration Related Concerns (DHS Ombudsman) Functions of the Ombudsman to receive and resolve complaints from individuals and employers and assist in resolving problems with the immigration components of DHS, to conduct inspections of the facilities of the immigration components of DHS, to assist individuals and families who have been the victims of crimes committed by aliens or violence near the U.S. border., to identify areas in which individuals and employers have problems in dealing with DHS, to propose changes in the administrative practices of the immigration components of DHS. 14. Protection of Family Values in Apprehension Programs Creates additional migration deterrence programs at the border meaning an action related to the repatriation or referral for prosecution of 1 or more apprehended individuals for a suspected or confirmed violation of the INA by DHS or a cooperating entity. Creates procedures for any migration deterrence program which requires DHS and cooperating entities to ask whether the apprehended individual is a parent, legal guardian, or primary caregiver of a child or traveling with a spouse or child and figure out whether repatriation of the apprehended individual presents any humanitarian concerns or concerns related to the individual s physical safety. Requires the creation of specialized training for all personnel of CBP and cooperating entities who come into contact with apprehended migrants in all legal authorities, policies, and procedure relevant to the preservation of a child s best interest, family unity, and other public interest factors and requires border enforcement personnel to undertake periodic and continued training in these areas. Requires an annual report 1 year after enactment the describes the impact of migration deterrence programs on parents, legal guardians, primary caregivers of a child, individuals traveling with a spouse or child, and individuals who present humanitarian considerations or concerns related to the individual s physical safety. 15. Expanded Reporting Border. DHS shall submit a report to Congress on the o Effectiveness rate for each Border Patrol sector along the NB and the SB; o Number of miles along the SB that is under persistent surveillance; o Monthly wait times per passenger, including data on averages and peaks, for crossing the SB, and the staffing of such border crossings; and o Allocations at each port of entry along the SB. Page 13 of 15
Interagency. The Under Secretary of Defense for Acquisition, Technology, and Logistics and the Under Secretary of DHS Science and Technology jointly must submit a report on the results of interagency collaboration to Congress. Overstays. Requires a semiannual report on the total of nonimmigrants who have overstayed their visa, the type of visa they came in on, their country of origin, and the length of time since their visa expired, and an estimate of the total number of nonimmigrants who are physically present in the U.S. and have overstayed their visa by more than 180 days. Ombudsman. Annual Ombudsman report June 30 th of each year, including report on victims of crimes committed by aliens. 16. Human Trafficking Amends the Omnibus Crime Control and Safe Streets Act of 1968 to include human trafficking as a part 1 violent crime for purposes of the Edward Byrne Memorial Justice Assistance Grant Program. Under current law, State and local governments receiving Edward Byrne Memorial Justice Assistance grants are required to share data on part 1 violent crimes with the Federal Bureau of Investigation for inclusion in the Uniform Crime Reporting Program. 17. Limitations on Dangerous Deportation Practices Within 1 year of enactment and every 6 months after, DHS must submit a written certification to Congress that the Department has only deported or otherwise removed a migrant from the U.S. through an entry or exit point on the SB during daylight hours. Exceptions to this policy if the manner of the deportation or removal is justified by a compelling governmental interest; manner of deportation or removal is in accord with other arrangement; or the migrant is an unaccompanied minor. DHS also has to submit a study on the Alien Transfer Exit Program within 1 year of enactment. 18. Maximum Allowable Costs of Salaries for Government Contracts on the Border Section 4304(a)(16) of title 41 USC is amended - except that in the case of contracts with DHS, or the National Guard while operating in Federal status, that relate to border security, the limit on the costs of compensation of all executives and employees of contractors is the annual amount payable under the aggregate limitation on pay established by OMB (currently $230,700). Page 14 of 15
19. Removal of Nonimmigrants who Overstay their Visas 6 months after enactment DHS shall initiate removal proceedings, confirm that immigration relief or protection has been granted or is pending, or otherwise close 90% of the cases of nonimmigrants who were admitted to the U.S. as nonimmigrants and during the most recent 12-month period, have overstayed their visa by more than 180 days. 20. Visa Overstay Notification Pilot Program Creates a pilot program within 1 year of enactment that notifies individuals who have traveled to the U.S. from a foreign country that the terms of their visa are about to expire, including those coming in on the Visa Waiver Program. Report on this program due within 1 year of creation. 21. Preventing Unauthorized Immigration Transiting Through Mexico DHS in consultation with DOS shall develop a strategy to address unauthorized immigration of individuals who transit through Mexico (Central American immigration). Calls for the creation of an educational campaign on the perils of the journey across Mexico, likelihood of apprehension, and difficulty of finding employment in the U.S. to be disseminated across Central America. Provides training to CBP officers and personnel on how to operate more effectively and technical assistance and equipment to border officials. 22. Integration and Interoperability DHS must fully integrate all data from databases and data systems that process or contain information on aliens, which are maintained by ICE, CBP, USCIS, DOJ, and DOS. The fully integrated data system must be an interoperable component of the exit system, meaning that the integrated data system will provide database users (including federal law enforcement agencies and the CIA) with real time information that is relevant to determine o Whether to issue a visa; or o The admissibility or deportability of an alien. Page 15 of 15