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Border Security
HOUSE BILLS
Strengthen Border Controls
H.R. 3308, the SAVE (Secure America through Verification and Enforcement) Act - would address the flow of illegal aliens to the United States by investing in new technology and additional manpower. Provisions specifically relating to border control include: (1) increasing the number of full-time border patrol agents by 6,000 through 2014, including an immediate 2,000 agents for FY2010 and 1,500 for FY2011. At least 350 hires each year would be specifically assigned to investigate the smuggling of illegal aliens; (2) more funding available for the Tunnel Task Force [an investigative team assigned with tracking, identifying, and closing border tunnels used for smuggling drugs, human traffic, and Weapons of Mass Destruction (WMD)]; (3) a student loan repayment program and other incentives to help recruit former members of the Armed Services, National Guard, and other Reserve Components; (4) new and updated border security, surveillance, communication, and apprehension technology; (5) an equipment sharing initiative between the Department of Homeland Security and the Department of Defense, with progress reports made available to Members of Congress; (6) an official national strategy to secure all U.S. borders and ports of entry. Specifically, the Secretary of Homeland Security is required to improve border security infrastructure including: new office facilities, SUVs, better roads along the border, additional fencing, vehicle barriers, better alien detention facilities, Unmanned Aerial Vehicles (UAVs), drones, cameras, poles, sensors, satellites, radar, and other technologies; (7) and, empowering governors in border states to declare a border emergency and request temporary redeployment of up to 1000 additional Border Patrol Agents. Please see S.1505 for the Senate version of this legislation. Rep. Heath Shuler (D-N.C.) is the bill’s main sponsor.Cosponsors
Strengthen Border Controls
H.R.3289 (Unlawful Border Entry Prevention Act of 2009) - would require the Secretary of Homeland Security to use reinforced fencing for at least half of the 700 mile southwest border fence. Furthermore, it prevents existing fencing from counting against the total and defines ‘operational control’ of the border as “prevention of all unlawful entries into the United States.” Rep. Duncan Hunter (R-Calif.) is the bill’s main sponsor.Cosponsors
Strengthen Border Controls
H.R. 3236 (Complete the Fence Act) - would require the Secretary of Homeland Security to complete at least 700 miles of reinforced fencing along the Southwest border by December 31, 2010. Specifically, it adds language to the 2006 Secure Fence Act specifying that fencing that does not “effectively restrain pedestrian traffic” such as vehicle barriers and virtual fencing cannot count against the 700 mile total. It also prevents appropriations from being withheld due to Congressional consultation. This bill is similar to a successful amendment offered by Sen. Jim DeMint (R-S.C.) to the Senate version of the FY2010 Homeland Security Appropriations bill: H.R.2892. Rep. Gresham Barrett (R-S.C.) is the bill’s main sponsor.No cosponsors
Weakens Border Controls
H.R.2954 - would extend the deadline for the Department of Homeland Security (DHS) to meet requirements outlined in the Secure Travel and Counterterrorism Partnership Act of 2007. The DHS must verify that not less than 97% of foreign nationals are processed through a fully operational air exit system and electronic travel authorization system by June 30, 2009 or they lose their authority to add additional Visa Waiver countries without Congressional consent. This legislation would prolong this deadline for two years, until July 1, 2011, and thus increase opportunities for visa overstays and security threats. Rep. Mike Quigley (D-Ill.) is the bill’s main sponsor.Cosponsors
Increases Border Security
H.R.2892 (Department of Homeland Security Appropriations Act)
- would provide funding to the Department of Homeland Security (DHS) for FY2010. Specifically, this legislation includes: $7,576,897,000 for U.S. Customs and Border Protection salaries and expenses; $732,000,000 for border fencing and technology ($150,000,000 of that is off limits unless the DHS submits a secure border plan); $682,133,000 to construct and renovate customs and immigration facilities; $5,311,493,000 for Immigration and Customs Enforcement (ICE) including $5,400,000 to facilitate 287(g) agreements, $11,216,000 for state reimbursement, $1,500,000,000 to identify criminal aliens, $2,549,180,000 to detain and remove criminal aliens, and $6,800,000 for the Visa Security Program; $11,818,000 to construct and renovate ICE facilities; $351,800,000 for USVISIT; $50,000,000 for REAL ID state grants; and $248,000,000 for U.S. Citizenship and Immigration Services including $112,000,000 for E-Verify (basic pilot program). Furthermore, this legislation continues the E-Verify funding agreement between the Commissioner of Social Security and the DHS and would reauthorize E-Verify for two years (until September 30, 2011). Please see S.1298 for the Senate version of this legislation. Rep. David Price (D-N.C.) is the bill’s main sponsor.
No cosponsors
*During the committee process, Rep. Jack Kingston (R-Ga.) and Rep. Ken Calvert (R-Calif.) offered amendments relating to the E-Verify program. The Calvert amendment would have provided permanent reauthorization for E-Verify and the Kingston amendment would have required DHS contractors to use E-Verify. Both amendments failed on party lines by a vote of 36 to 21 for Calvert and 35 to 23 for Kingston on 6/12/2009.
** While many immigration-related amendments were left out of floor debate by the House Rules Committee, four amendments offered by Rep. Gus Bilirakis (R-Fla.), Steve King (R-Iowa), and Jerry Lewis (R-Calif.) were adopted and added to the final House version of the bill. Rep. Steve King’s first amendment prohibiting DHS funds from being used to employ illegal aliens passed by a vote of 349 to 84, while his second amendment to close drug-smuggling look out posts on the border passed by a vote of 240 to 187. The Bilirakis amendment to increase funding for the Visa Security Program passed by a vote of 423 to 6 and the Lewis amendment moving $34 million to U.S. Customs and Border Protection for 200 additional Border Patrol agents passed by a vote of 375 to 55. The underlying bill passed by a vote of 389 to 37 on 6/24/2009.
***This legislation was combined with the Senate version of FY2010 DHS Appropriations (S.1298) during the House/Senate Conference Committee; however, all the immigration amendments passed in the Senate were discarded or modified. The final version of H.R.2892 included a three year reauthorization of the E-Verify program (until September 30, 2012). This legislation passed the House of Representatives by a vote of 307 to 114 on 10/15/2009, passed the Senate by a vote of 79 to 19 on 10/20/2009, and was signed into law 10/28/2009.
Strengthens Border Controls
H.R. 2837 (Criminal Alien Accountability Act) - would establish mandatory minimum sentences for aliens who reenter the United States after being removed and for those who assist aliens in reentering the United States. Rep. Darrell Issa (R-Calif.) is the bill’s main sponsor.No cosponsors
Weakens Border Security
H.R.2261 - would recognize Greece as participant in the U.S. Visa Waiver Program (which currently allows citizens of 35 countries to travel to the United States without a visa for 90 days). As a result of the limited security screening of Visa Waiver Program “travelers,” this program has provided easy entry for terrorists and has created a black market for stolen or forged passports. Rep. Carolyn Maloney (D-N.Y.) is the bill’s main sponsor.Cosponsors
Strengthens Border Controls
H.R. 2083 (Border Sovereignty and Protection Act) - would require the Secretary of Homeland Security to construct 350 miles of two layer border fencing (separated by an access road) along the U.S. border with Mexico within one year. Fencing prior to April 1, 2009 cannot be used to count towards the mileage requirement. In addition, this legislation: grants authority to DHS to enforce drug offenses, creates a mandatory minimum sentence for firearms smuggling, prevents access to State Criminal Alien Assistance Program (SCAAP) funding for a state or locality that prohibits communication or collecting information about an alien’s citizenship status, strengthens expedited removal aliens not present in the U.S. for at least three years, and would strengthen procedures for removing criminal aliens. Finally, this legislation makes the E-Verify program permanent and mandatory. E-verify would be immediately required for all government contractors and subcontractors and large employers with 250 or more employees. All other employers would be phased into the system within two to four years depending on the size of the company. Rep. Duncan Hunter (R-Calif.) is the bill’s main sponsor.Cosponsors
Strengthens Border Controls
H.R. 2047 - would authorize $500,000,000 to carry out Operation Stonegarden between fiscal years 2010 and 2014. Operation Stonegarden is a federal program designed to aid the operational costs of law enforcement in border counties. The program helps local authorities fund additional personnel and equipment purchases that contribute to border security. Rep. Michael McCaul (R-Texas) is the bill’s main sponsor.Cosponsors
Strengthen Border Security
H.R.1904 (Border Fence Trust Fund Act of 2009) - would allow taxpaying citizens to assign a portion of their federal income taxes ($5 for individual or $10 for individual and spouse) to a Border Improvement Trust Fund, a protected source of funding established under this legislation to improve physical barriers on the United States border. Rep. Shelley Moore Capito (R-W.Va.) is the bill’s main sponsor.
Cosponsors
Strengthen Border Security
H.R.1900 (Border Security, Cooperation, and Act Now Drug War Prevention Act) - would authorize the Secretary of Homeland Security (DHS) to provide a border state with up to 500 border patrol agents, 500 Drug Enforcement Administration (DEA) agents, and/or 500 Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) agents if the state’s governor declares an “international border security emergency.” It would also eliminate the fixed deployment of border patrol agents and require the DHS to: increase the number of border patrol helicopters (no less than 100) and power boats (no less than 250), increase the number of motor vehicles equal to a ratio of one for every three border patrol agents; equip each vehicle with a portable computer and access to all necessary law enforcement databases; equip each border patrol agent with a “state-of-the-art” hand-held global positioning device, maintain and equip agents with night vision equipment, and issue each agent high-quality body armor to be replaced every five years. Furthermore, the legislation would establish an ATF, DEA, and Border Patrol Task Force to meet once a month for two years to monitor and report about the trade of drugs and firearms at the border. Finally, it would authorize $150 million in FY2010 for the Attorney General to make border security grants to sheriff’s offices and police departments within 25 miles of the U.S./Mexican border. Grant funds would be used to conduct law enforcement operations; hire, equip, train, and deploy law enforcement agents; and transfer illegal aliens over to federal authorities. Rep. Sheila Jackson-Lee (D-Texas) is the bill’s main sponsor.
Cosponsors
Strengthen Border Security
H.R.1867 (Border Violence Prevention Act of 2009) - would provide additional resources to enhance security operations on the U.S. border with Mexico. Specifically, the legislation would authorize $70 million to increase southbound inspection infrastructure including at least two mobile x-ray units, ten dual detection K-9 teams, license plate readers on outbound lanes, and additional body armor. In addition, it would authorize $30 million to hire and deploy 100 additional ICE agents to man Border Enforcement Security Taskforce units, improve facilities, and increase resources to Operation Armas Cruzadas. Finally, it would require the Department of Homeland Security (DHS) to coordinate with relevant federal, state, local, and tribal agencies to carry out border enforcement operations. Rep. Ann Kirkpatrick (D-Ariz.) is the bill’s main sponsor.
Cosponsors
Strengthen Border Security
H.R. 1 (American Recovery and Reinvestment Act of 2009) - would provide supplemental appropriations for FY2009. Specifically, this legislation: includes $150 million to repair and construct border inspection facilities, retains Rep. Jack Kingston’s (R-Ga.) amendment requiring contractors to participate in E-Verify (federal employment verification program) as a prerequisite for receiving supplemental funding, and includes a committee amendment sponsored by Rep. Ken Calvert (R-Calif.) that would extend authorization of the E-Verify program for nearly five years, similar to Rep. Gabrielle Giffords’ (D-Ariz.) H.R.662 (Employee Verification Amendment Act of 2009). Rep. David Obey (D-Wis.) is the bill’s main sponsor.
Cosponsors
Passed the House of Representatives by a vote of 244 to 188 on 1/28/2009
Passed the Senate as amended by a vote of 61
to 37 on 2/10/2009
The House/Senate Conference Report stripped out most immigration related measures and passed the House by a vote of 246 to 183 to 1 and Senate by a vote of 61 to 38 on 2/13/2009
Strengthen Border Controls
H.R.1448 (Border Reinforcement and Violence Reduction Act of 2009) - would establish an annual $150 million DHS grant program, beginning in fiscal year 2010, to aid local law enforcement agencies within 25 miles of the U.S.-Mexico border. Specifically, this line of funding would be used to hire, equip, and train law enforcement officers to prevent criminal activity, transfer illegal aliens to federal authorities, and enforce drug trafficking laws. This funding would also be available for officers to detain, house, and transport illegal aliens and to construct and maintain detention facilities. Furthermore, this legislation includes the Southwest Border Violence Reduction Act of 2009, which would authorize $15 million to prevent cross-border firearm trafficking. Rep. Ciro Rodriguez (D-Texas) is the bill’s main sponsor.Cosponsors
Strengthen Border Security
H.R.1437 (Southern Border Security Task Force Act of 2009) - would require the Department of Homeland Security (DHS) to establish a task force to coordinate federal, state, and local border enforcement efforts along the U.S./Mexico border. The task force would be comprised of officers from the U.S. Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE), U.S. Coast Guard, and local and state law enforcement agencies along the southern border. Finally, this legislation authorizes funding for the task force at $10 million each year from 2010 through 2014. Rep. Henry Cuellar (D-Texas) is the bill’s main sponsor.Cosponsors
Strengthen Border Security
H.R.994 (Loophole Elimination and Verification Enforcement [LEAVE] Act) - contains multiple provisions designed to secure our border and combat unlawful entry including additional Border Patrol agents, completion of the border fence, and additional penalties. More specifically, the LEAVE Act would:- Prohibit dealings that assist or encourage an illegal alien to cross the border or remain in the United States.
- Increase alien smuggling penalties including 3 and 30 year prison sentences, depending on the type of offense.
- Mandate new fines and penalties for passport fraud.
- Reinstate the Secure Fence Act by requiring two-layered fencing along the Southwest Border by July 31, 2010. This amends provisions in the FY 2008 Omnibus Appropriations bill that have hindered construction of the border fence.
- Add an additional 8,000 Border Patrol agents by 2014.
- List all immigration violators in the (NCIC) National Crime Information Center Database.
Rep. Gary Miller (R-Calif.) is the bill’s main sponsor.
Cosponsors
Weaken Border Security
H.R.264 (Save America Comprehensive Immigration Act of 2009) - would soften penalties for criminal behavior. Specifically, this legislation would: waive drug charges for possessing less than 30 grams of marijuana; waive the first aggravated felony offense (if the penalty calls for less than one year in prison); removes any repeat alien smuggling offense if an individual smuggling a child, spouse, or parent; eliminates the simple possession charge for drug smuggling; and would redefine other aggravated felony charges. Rep. Sheila Jackson-Lee (D-Texas) is the bill's main sponsor.No Cosponsors
SENATE BILLS
Increase Border Security
S.1298 (Department of Homeland Security Appropriations Act) - would provide funding to the Department of Homeland Security (DHS) for FY2010. Specifically, this legislation includes: $8,075,649,000 for U.S. Customs and Border Protection salaries and expenses; $800,000,000 for border fencing and technology ($50,000,000 of that is off limits unless the DHS submits a secure border plan); $316,070,000 to construct and renovate customs and immigration facilities; $5,360,100,000 for Immigration and Customs Enforcement (ICE) including $5,400,000 to facilitate 287(g) agreements, $11,216,000 for state reimbursement, $1,000,000,000 to identify criminal aliens, $2,539,180,000 to detain and remove criminal aliens, and $6,800,000 for the Visa Security Program; $378,194,000 for USVISIT; $50,000,000 for REAL ID state grants; and $135,700,000 for U.S. Citizenship and Immigration Services including $118,500,000 for E-Verify (basic pilot program). Furthermore, this legislation would reauthorize E-Verify for three years (until September 30, 2012). Please see H.R.2892 for the House version of this legislation. Sen. Robert Byrd (D-W.V.) is the bill’s main sponsor.No Cosponsors
*This legislation was brought to the floor of the Senate on 7/7/2009 in the form of a substitute amendment offered by Majority Leader Harry Reid to the House passed H.R.2892. This substitute amendment was then amended with four immigration measures relating to E-Verify, the border fence, and federal No-match rules. Sen. Jeff Sessions (R-Ala.) offered an amendment to make E-Verify a permanent program and to require its use by all federal contractors. This amendment passed on a voice vote after surviving a procedural motion to table the amendment by a vote of 53 to 44. Sen. Jim DeMint (R-S.C.) offered an amendment to require completion of the 700 mile border fence without counting vehicle barriers and forms of fencing that would not restrain pedestrian traffic. This amendment passed on a voice vote after surviving a procedural motion to table the amendment by a vote of 54 to 44. Sen. Charles Grassley (R-Iowa) offered an amendment allowing employers to verify existing employees with the E-Verify program. This amendment passed on a voice vote. Sen. David Vitter (R-La.) offered an amendment to prevent administrative alterations to the No-match and federal contractor rules issued by the Bush Administration. This amendment passed on a voice vote. Finally, the substitute amendment, as amended, passed the Senate by voice vote on 7/9/2009 and was sent back to the House of Representatives to instruct conferees for the House/Senate Conference Committee.
There are four forms legislation take:
S. 123 (or H.R. 123) - Bills that must pass both chambers (i.e., House and Senate) and be signed by President to have force of law.S. Res. 123 (or H.Res. 123) - Measures concerning operation of single chamber; not presented to President for action.
S.J. Res. 123 (or H.J.Res. 123) - Resolutions requiring both chambers’ approval and presentation to President for approval (as with bills [laws enacted by virtue of joint resolutions are not distinguished from laws enacted by bills]); generally used to authorize small appropriations, enact continuing resolutions that provide for government expenditures (absent overarching appropriations law), create commissions or other bodies, or extend legislation already drafted; also used to propose amendments to U.S. Constitution, in which case must be sent to states directly – bypassing Presidential action – for three-fourths’ approval.
S.Con.Res. 123 (or H.Con.Res. 123) - Resolutions requiring both chambers’ approval, but not Presidential action; generally used to address both chambers’ sentiments or deal with issues affecting both chambers.
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